Services for the Public | Unauthorized Practice of Law
 Unauthorized Practice of Law
Only licensed, insured lawyers can practise law in Canada. These lawyers are members of the Law Society of Alberta, or another Canadian law society, and have met the education and professional requirements to practice law.
There are certain legal matters that non-lawyers can perform. Sometimes non-lawyers are called legal assistants or paralegals, whose work is supervised by a lawyer. The lawyer is ultimately responsible and accountable for the work performed.
There are certain legal matters that can be performed, unsupervised, by a non-lawyer. These matters, and limits, are clearly outlined in the Legal Profession Act s.106 and 107.
If a non-lawyer performs the role of a lawyer, which violates the Legal Profession Act s. 106 and 107, the LSA may take action, since the non-lawyer is neither insured nor licensed to practice law, and the public may not be receiving the competent advice a licensed lawyer can provide. Practising law without a licence or insurance is called unauthorized practice of law.
The LSA’s unauthorized practice of law department monitors non-lawyers to ensure their work falls within the allowable exceptions outlined in the Legal Profession Act s.106 and 107. The department fields complaints by lawyers and the public, and provides resources to educate the public, lawyers and unsupervised paralegals on the limitations of legal services that non-lawyers can provide.
Complaints Procedure
Complaints of unauthorized practice may be made in writing to the LSA’s manager of unauthorized practice. When a complaint is received, and it is clear that unauthorized practice took place, the LSA will share the complaint information with the people the complaint has been brought against, explain the parameters of authorized law practice and where reasonable, seek their voluntary compliance.
If there has not been voluntary compliance, the LSA will provide details of the unauthorized practice of law to a vetting panel, made up of lawyers who are part of the LSA’s Unauthorized Practice of Law committee. The panel and committee determines whether the complaint should be pursued and if pursued, which of the following procedures to follow:
• By civil law, seeking a court order to restrain the unauthorized practice of the non-lawyer – Legal Profession Act s.111;
• By prosecuting people engaged in unauthorized practice (two special prosecutors act as agents of the Attorney General to deal with unauthorized practice of law cases) – Legal Profession Act s.109;
• By seeking permission of a court to present arguments that a person appearing in court may be engaging in the unauthorized practice of law; or
• By directing further investigation.
To initiate an unauthorized practice of law complaint, contact:
Red Deer or north of Red Deer,
call: 780-429-3343
toll free:1-800-272-8839
fax: 780-424-1620
write:
The Law Society of Alberta
Scotia Place Tower 2
201, 10060 Jasper Avenue
Edmonton, Alberta T5J 3R8
Attention: Complaints Department
South of Red Deer,
call: 403-229-4799
toll free: 1-800-661-9003 (ext. 4799)
fax: 403-228-1728
write:
The Law Society of Alberta
600, 919 – 11th Avenue S.W.
Calgary, Alberta T2R 1P3
Attention: Complaints Department
Email: Complaints
Please note that, due to security features, some emails may not get through to the Complaints Department. If you do not receive an acknowledgement within one week, you may wish to either call or mail your complaint to the above address. We also request that you include your name and contact telephone number in your email complaint.
FAQs
What are some of the requirements to be a lawyer?
Lawyers must meet high standards of appropriate education, training and qualification. They also must maintain standards of conduct (including compliance with the ethical requirements of the Code of Professional Conduct) or face discipline proceedings.
Lawyers must carry insurance coverage to protect clients from negligent acts and must pay into an assurance fund, which compensates clients of lawyers who misappropriate their clients’ funds.
Who regulates the practice of paralegals in Alberta?
There is no governing body in charge of paralegals, legal agents and legal assistants in Alberta. When problems arise, you have no recourse for review, complaint or discipline of a paralegal, legal agent, or legal assistant’s conduct.
Are paralegals required to have any formal training?
Paralegals do not have a governing body, like the LSA is for Alberta lawyers, so there are no minimum or consistent standards of education, training or competence for paralegals, legal agents or legal assistants.
Are paralegals required to comply with a code of conduct or a set of ethical standards?
The conduct and ethics of paralegals, legal agents and legal assistants are not regulated by any professional body.
Are my dealings with a paralegal protected by confidentiality or privilege?
Your private conversations with a paralegal, legal agent or legal assistant are not confidential or protected by privilege. They can be called as a witness against you.
Are paralegals accountable for the services they provide?
Paralegals, legal agents and legal assistants are not accountable for their services, as there is no governing or regulatory body to set or maintain standards of service. In addition, paralegals do not require insurance.
Can I expect the fees of a paralegal to be less than the fees of a lawyer?
While a paralegal, legal agent or legal assistant may charge less than a lawyer on an hourly basis, they often charge more than lawyers for an equivalent service. You have no avenue for complaint if you feel you have been overcharged.
How long are paralegals required to retain my file?
Paralegals, legal agents and legal assistants are not required to preserve your files, let alone keep them confidential. The paralegal may dispose of your client files in a manner that compromises the privacy of your confidential information.
How can I tell if my ‘lawyer’ is authorized to practice law?
You can check your lawyer’s status with LSA’s lawyer search tool.
As a lawyer, what can I do to protect myself if I am conducting a financial transaction with an individual represented by a paralegal?
Payments made on behalf of a client to a third party who is being represented by a non-lawyer, should be made payable to the third party. Payments should not be made to a paralegal, legal agent, legal assistant or any other type of non-lawyer advocate.
As a lawyer, how do I deal with a party being represented by an unauthorized practitioner?
A lawyer dealing with an unauthorized agent should view all transactions as being conducted with an unrepresented individual. The lawyer should inform the client in writing that they have no recourse in the event of misappropriation of funds or negligence by the other party. Lawyers dealing with unauthorized agents should be extremely careful that they are in no way acting for the unrepresented individual and thus being placed in a potential conflict of interest situation.
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