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ROLE OF THE LEGAL ASSISTANTIN FAMILY LAW

These materials were prepared by Shirley Faris of the Saskatchewan Legal Aid Commission, Saskatoon,Sask. for the Saskatchewan Legal Education Society Inc. seminar, Family Law for Legal Support Staff,April 1998.

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ROLE OF THE LEGAL ASSISTANT IN FAMILY LAW

I. BRIEF mSTORY.................................•............................................................................1

A. CANADIAN SCENE•••••••••••••••••.•••••••••••••••••.•.•...•.••••.•••••••••••••••••••••••••.••••••.•••••••••••.••••••••••••1

B. TEAM APPROAcn 3

ll. ORGANIZING THE CLIENT

A. FIRST MEETIN'G .......•••.•..•••.•...••••••••••...•...••.•.••••••••••••..•••••.....••••..••••.••••••••••..•.•••••••••.•.•3

B. ROLE OF LEGAL ASSISTANT •......•••••.•••.•.••..•...•••••••••.••••.....••••.•••...•••••.••...••••••••••••4

In. SELF-MANAGEMENT

A. TIl\1'E MANAGEMENT TECHNIQUES •••••.•••.•.•..•••.•.•••.•••••...•.••••••••...•..•..•••••••••.•••••••5

B. QUALITY CONTROL ISSUES •••••••••••.••..••.•••••.••••••..••.•••••••••••••.•.•..•••.••••••••.•••••••••••••7

c. MANAGIN'G STRESSFUL MOMENTS ••.•..•.•.••..••.•••••...••.•.••.••••••..•••••••••••.••••••••••..•8

D. mE CODE OF PROFESSIONAL CONDUCT ••••••••.•••••••••••••••••••••••••.••.•.•...••••.•.••••••11

ROLE OF THE LEGAL ASSISTANT IN FAMILY LAW

I. BRIEF mSTORY

Throughout history paraprofessionals have been employed in most occupational groups. They

are found in the fields of medicine, education, law, science and politics. Traditionally, these

people were hired for their unique skills and worked under the supervision of a professional.

In the area of the law, paralegals performed various task-orientated duties in private law office

settings. The paralegal was supervised and trained by the firm lawyers. They were assigned

to handle less onerous tasks and paid at a cheaper rate, thus contributing to the employer's

fmancial profits. The arrival of the public sector paralegal appears to have coincided with the

legal aid movement in Canada during the early 1970's.

A. CANADIAN SCENE

The social movement of the 1960's in Canada and the United States saw citizens calling for a

socio-Iegal solution to poverty issues. The public demanded access to legal information and

immediate political reform. Interest groups sought citizen participation in the legal process,

whether it was by way of law reform, social activism or political· change. Neighbourhood

activism sprung up and was run by community leaders and citizens. These community workers

learned on the job and training was by "mentoring " or "apprenticeship" - education was on-

going. They disseminated legal information, educated and explained legal remedies to the

American poor who had previously been ignored and denied access to such services. In Canada,

the first Community Legal Workers/Counsellors or public sector paralegals, were hired in legal

aid settings to organize community issues, deliver legal information and organize groups

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advocating social improvements. During the period of 1971 to 1975, Ontario, Saskatchewan and

British Columbia piloted legal aid "clinic" projects to begin to address the need for socio-legal

relief. Across Canada such offices were run by Community Legal Workers who specialized in

such areas as landlord/tenant issues, welfare advocacy, labour rights, consumer rights, human

rights and women's rights. The clinic's mandate was to provide legal information and access to

legal services to individuals/groups who traditionally lacked such remedies because of

geographic distances, cultural differences and poverty. In August 1974, the Saskatchewan Legal

Aid Commission was formed, and the citizen representation model was adopted. Community

boards were established to provide direction and supervise the clinic services. The first

Community Legal Workers! paralegals were of native ancestry and were women functioning as

lay advocates, issue organizers and conduits of legal information to groups and individuals. The

public sector paralegal had a distinct job description quite unique and separate from the private

sector real estate and estate paralegal of that time.

Since 1980, legal aid across Canada has witnessed changes in provincial governments, new

legislation and regulations, centralization of provincial plans, serious budget constraints and a

narrowing of the range of services to eligible clients. Presently in our province, legal aid

provides family law and criminal law services to persons who are eligible according to a financial

means test. The Saskatchewan Legal Aid Commission employs 22 Legal Assistants in 14 offices

throughout the province.

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B. TEAM APPROACH

As a result of the changes to legal aid in the last 18 years, the roles of lawyer and Legal

Assistant are less distinct and more interdependent than ever before. Lawyers and Legal

Assistants work as a team to provide services to clients. Initial application for services is most

often by interview with a Legal Assistant. Legal Assistants also have duties including advising

and confirming client's instructions, preparation of court materials and negotiating with other

lawyers! crown prosecutors, all under the supervision of the team lawyer. The role of lawyer and

Legal Assistant has adapted to compliment and enhance one another. At the Saskatoon City Area

office, the team approach has demonstrated to be successful in meeting a high volume, crisis­

orientated family! criminal caseload, in a professional manner.

TI. ORGANIZING THE CLIENT

When meeting a client for the first time, it is important to clarify your role as a Legal Assistant.

It is necessary to provide your name and your title. The client should understand what the Legal

Assistant's duties are for that appointment and what services the Legal Assistant will be

providing. The client should also be clear what communication and services they can expect from

the Legal Assistant and the lawyer. This introduction should be provided in language the client

will understand.

A. FIRST MEETING

When an individual attends a legal aid office for an initial appointment, the client's eligibility

will be determined according to the Saskatchewan Legal Aid Commission guidelines. In addition,

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the nature of the problem will be assessed to verify if Legal Aid can provide that service. Legal

Aid's menu is basically restricted to matters of family law and criminal law. At first interviews,

preliminary information is obtained, general advice is provided and options are offered. The

Legal Assistant's role is also to determine the level of "emergency" to that application. The

application would be flagged for immediate discussion with a lawyer if documents have been

served, a pending court date has been set, if children have been snatched or if a restraining order

is required to stabilize a violent relationship. A second appointment is often necessary to obtain

further details and the history of the relationship. Often the client will provide this information

by completing office family questionnaires. To assist with abridging the time from first

appointment to action on the file, the Legal Assistant may, as part of their reqular duties, draft

correspondence, agreements, orders, petitions, pleadings, briefs of law, statement of claims and

other legal documents.

B. ROLE OF LEGAL ASSISTANT

Since 1992, Saskatoon Area Office has piloted a new family law delivery system. The objective

was to enhance client service by reducing the waiting period for family appointments, reducing

client complaints and standardizing the preparation of office documents and procedures. The

office has 4 family teams each consisting of 3 lawyers and 2 Legal Assistants on each team,

except for one of the 4 teams. Team members rely on each other to assist with pending court

dates, research issues, providing relief back-up, case conferencing and maintaining

communication with client. This allows lawyers at the Saskatoon City Office to focus primarily

on court appearances. A large portion of the lawyers day is out of the office in court conducting

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pre-trial conferences and appeals. Since the Legal Assistant is in the office

more than their team's lawyers, clients are better able to access information about their file, up

date their circumstances or confirm instructions, by speaking with the Legal Assistant. However,

clients must be advised when they should be speaking to the Legal Assistant and cautioned when

it is compulsory they should be speaking with the lawyer. If a client clearly understands what

is expected of them and what they can expect from their counsel, the relationship can proceed

in a more efficient professional manner.

Lastly, it is essential to take legible notes! memos of each telephone conversation and in person

interviews with the client. Details of what was discussed and client's comments are part of proper

record keeping. The notes can be referenced when preparing documents or reviewing options

to clients. It is a method of evaluating progress on the fIle and allows a second person to access

the fIle and assist with the issues. Proper record keeping can prevent errors and

misunderstandings. In addition to making note of all discussions with the client, all contact with

opposing counsel and supervising lawyer should also be recorded on the fIle. Everyone will agree

that contested family fIles are highly emotional and some clients are in a constant state of crisis.

Getting into the habit of an orderly system of record keeping allows you collect facts, assess the

issues and provide professional services.

m. SELF-MANAGEMENT

A. TIME MANAGEMENT TECHNIQUES

Family law practice is driven by deadlines and the office pace is one of constant interruptions.

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The sooner a Legal Assistant recognizes what they have control over and what they do not, the

better they will be able to handle the daily duties. Managing one's time is simply accepting the

responsibility when you say yes and exercising an option of saying no. It is the ability to

identify what must be handled now and what can be temporarily put aside.

At the start of each day, you will have to identify, or it will be pointed out to you, what is of

high priority and absolutely must get done that day. Matters of high priority are clients who are

in a crisis, meeting deadlines on materials that must be filed that day, or resolving critical

problems. However, before you jump into the frying pan, take a moment to negotiate with

yourself. Assess the size of the task and estimate the time frame involved. If it is a task of

substantial detail, possibly consider breaking it into increments that are manageable. Also

consider other possible resources to assist you. Always be aware of your strengths and who you

could ask for help if needed. Being efficient in matters of high priority and high importance is

working more effectively with the time that you have.

Assuming the high priority duties have been satisfied, you can then tum your attention to

returning telephone calls, responding to mail, memos, attending meetings and other such

responsibilities. In this area of less urgency, you decide the order you will handle files, you can

choose when in the day you are best able to deal with such duties and what can be put aside for

another moment.

Another strength in scheduling is to look at your diary for the whole week. Your diary should

-,-be up to date and flag the fIles having deadlines. The diary should include time periods blocked

out to meet deadlines. Attempt to balance the week with set commitments and the time periods

you can delegate to yourself to complete matters of high importance. Allow for the unexpected

if possible. Plan to group similar tasks together and dovetail with other duties. Also include your

family commitments and play time in your diary so you can anticipate the "flow" of the week.

Unless you have worked or been trained by a terrific time manager, you may have to seek

reference books or attend time management seminars. Even compiling a folder of articles and

reading such materials from time to time allows you to get back on track when you feel that

your work is "out of control".

B. QUALITY CONTROL ISSUES

Do you provide a service that meets the needs of the client? Are your client's satisfied? How do

you evaluate if you are doing a good job? Are you prepared to make changes? These are the

some of the indicators to determine whether or not you are providing good service.

In order to achieve quality management, an organization must identify recurring

problems/complaints, find creative solutions and implement a program to ensure compliance to

those solutions. The process further includes components of on-going staff training and review

of procedures and policies.

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In a legal aid office where you might get at least 10 - 15 calls a day and handle at least 15

family client files each day, quality control can be an abstract notion. However if your objective

is to stream line the preparation of documents, then examine the precedent system. Computers

and software materials have greatly enhanced management control in law offices because such

programs standardize procedures, contain built in checks and balances and remove substantial

human error from the process. Many people are involved with the completion of a family file

and as a result, human idiosyncrasies, personalities, and various working styles, and training

backgrounds, are factors often responsible for repeating problems.

Some firms rely on regular staff meetings as a forum to self-evaluate their services. Others have

in-house manuals setting out office policies and procedure in areas of accounting, ordering

supplies, personnel issues, complaints, reporting requirements and supervision standards.

Provincial departments have established a protocol in the event of bomb threats or dangerous

situations. Like fire drills in elementary school, it is helpful to know what to do or at least where

to fmd the answers. At all times the objective of quality control is to produce your best work,

in an efficient manner - doing the job once and doing it without errors. Problems persist for law

offices where no process exists to acknowledge problems, identify solutions, test the solutions

and ensure compliance with those solutions.

c. MANAGING STRESSFUL MOMENTS

It may appear that every family client is emotionally distraught or hostile, but that is not true.

It only appears that way because you believe you are always on the receiving end of that abusive

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behaviour. Legal Assistants may be able to defuse the anger and reduce abusive behaviours,

however, we are not trained to solve chronic emotional problems and it is suggested instead, we

establish reasonable limits for each one of us.

If someone's child has been taken or one parent is refusing to return a child from an arranged

access, the client is entitled to be angry. However, the client is not entitled to demean you,

threaten you, throw things at you, make sexist comments about you or attack you personally.

These behaviours are desperate attempts to control/manipulate you. Recognizing if a client is

angry or abusive is the first step in maintaining control of ourselves.

Often hostile situations escalate because we respond defensively ourselves or become even more

aggressive. Instead, try to avoid the bait and re-direct the focus of the complaint. Hostile people

want immediate action and hostility is defused if a client is convinced you are making a genuine

effort on their behalf. If your firm has a high incidence of hostile clients, Bacal & Associates of

252 Cathcart Street, Winnipeg, Manitoba R3R OS2, has published an excellent resource book

entitled, Defusing Hostile Customers - A Self-Instructional Workbook for PrivatelPublic Sector

Employees.

Aside from handling stressful clients, we must also learn to manage our own stresses.

Establishing personal limits for ourselves is one step to controlling stress. Upon your arrival at

work, prioritize the several files on your desk. Sort the telephone messages and requests

according to urgency. Assign the complex work involving attention to detail to a period in the

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day when you are refreshed and should not be interrupted. Be reasonable in how much time you

allow for such work. Build in the possibility of emergencies and interruptions into your day.

Determine the optimal time of your work day if your project is urgent. Develop an order to your

routine when dealing with correspondence, returning telephone calls, conducting research and

availability for meetings. In addition, recognize your physical signals of stress and the need to

take a break if you find yourself not making any progress but simply spinning your wheels.

It is helpful to have a general or preliminary plan when beginning to work on a file. Clients can

identify critical issues, however, in your opinion other matters may need to be taken care of from

the onset before legal issues are addressed. Do you have all the facts and information from the

client to provide the service? Explore other options or resources available to you. Try to alleviate

your anxiety regarding the me, by controlling your anger and considering other options.

Sometimes we just have to lower our expectations to be successful! We could be unreasonable

in the amount of work expected to get done that day. Propose instead, that it will be done by the

end of the week. Family clients are often in an emotional crisis and are known to change

instructions more than twice. Family clients may not always make decisions based on the advice

that you have just given them. Family clients are allover the field when it comes to the problems

they find themselves in. You just have to accept such things even if they are contrary to your

personal or moral views. Approach the conflict as a challenge.

Reward yourself and give yourself credit for what work has been completed on a family me.

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Dividing the task into manageable pieces allows you to step back and applaud the progress to

date. If you have spare time, work ahead on files rather than reacting to matters at the last

minute. Family files are not quick turn around cases and often we can lose focus of the process

when we constantly want to reach the end.

A final consideration for controlling stress is the necessary attention to play time. On some days

this can be a coffee break out of the office or setting aside regular exercise or social activities

for ourselves. Including such commitments in diaries allows us to look forward to these perks

in an otherwise uncontrollable work schedule. Keeping our family responsibilities in balance also

ensures the ability to handle daily work stresses and renews our coping levels.

D. CODE OF PROFESSIONAL CONDUCT

The Code of Professional Conduct adopted by the Law Society of Saskatchewan establishes the

rules of conduct and behaviour for lawyers. The Code also extends accountability of Legal

Assistants to the lawyer. Legal Assistants are not certified under the law, however, Legal

Assistants are also accountable to the Law Society of Saskatchewan. In January 1991, at the

recommendation of the Paralegal Committee, the Benchers adopted the policy to recognize Legal

Assistants as an efficient and cheaper service to clients. A Legal Assistant is pennitted to

perfonn any task delegated and supervised by a lawyer so long as the lawyer maintains a direct

relationship with the client and assumes full professional responsibility for all the work. The

Benchers went on to identify the responsibilities Legal Assistants should not be pennitted to

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handle. A copy of the Practice by Unauthorized Persons is attached to the end of this paper.

Notwithstanding the Code of Professional Conduct, Legal Assistants hired with the

Saskatchewan Legal Aid Commission do provide legal advice and conduct duties similar to

lawyers. Section 7 of the Saskatchewan Legal Aid Act designates Legal Assistants as employees

supervised by lawyers. Section 32 provides a statutory exception for Legal Assistants hired with

the Saskatchewan Legal Aid Commission and states nothing done by the Commission or it's staff

shall be seen to be in contravention of the Legal Professions Act. Section 33 addresses legal

liability of all employees and section 34 of the Saskatchewan Legal Aid Act extends privileged

information disclosed by client to the Legal Assistant has the same standard of care and

confidentiality as though disclosed to a lawyer.

In conclusion, not only are Legal Assistants and lawyers employed with the Saskatchewan Legal

Aid Commission answerable to the standards of the Code of Professional Conduct, but Legal

Assistants are also regulated by provincial legislation. In this manner, and in the actual day to

day practice of family law, the roles of lawyer and legal assistant are clearly designed to be

complimentary and interdependent.

CHAPrER XVII

PRACTICE BY lJNAUTHORlZED PERSONS

RULE

The lawyer should assist in preventing the unauthorized practice of law.'

Commenrary

GUiding Principles

1. Statutory provisions against the practice of law by unauthorized persons arefor the protection qf the public:. Unauthorized persons may have technical or persoDalability, but they are immune from control, regulation and. in the case of misconduct,from discipline by any governing body. Their competence and integrity·have not beenvouched for by an independent body representative ofthe legal profession. Moreover,the client of a lawyer who is authorized to practise has the protection and benefit ofthe lawyer-client privilege, the lawyer's duty of secrecy. the professional standards ofcafe that the law requires of lawyers. as well as the authority that the couns exerciseover them. Other safeguards include group professionalliabiJity insurance. rightswithrespect 10 the taxation ofbills, rules respecting trust monies. and requirements for themaintenance of compensation funds.2

Suspended or Disbarred Person.~

2. The lawyer sbalJ not. without the approval of The Law Society ofSaskatchewan, employ in any capacity having to do with die practice of law (a) alawyer who is under suspensionas a result ofdisciplinary proceedings, Or (b) a personwho has been disbarred as a lawyer or has been permitted to resign while facingdisciplinary proceedings and has not been reinstared.3

Supervision of Employees

3. The lawyer must assume complete professional responsibility for aU businessentrusted to the lawyer, maintaining direct supervision over staff·and assistants suchas students. clerks and legal assistants to whom particular tasks and functions may be

64

Code of Professionaz...Conduct

delegated. The lawyer who practises alone or operates a branch or pan-time officeshould ensure that all matters requiring a lawyer's professional skill and judgementaredealt with by a lawyer qualifIed to do the work and that legal advice is not given byunauthorized persons, whether in the lawyer's name or otherwise. Furth~ore, thelawyer should approve the amount of any fee to be charged to a client.<4

Legal Assistants

4. Subjectto general and specific restrictions next following, a legal assistant mayperfonn any task delegated and supervised by a lawyer so long as the lawyermaintains a direct relationship with the client and assumes full professionalresponsibility for the work. Legal assistants shall not perfonn any of the duties thatlawyers only may perfonn or do things that lawyers themselves may not do.Generally speaking. the question of what a lawyer may delegate to a legal assistantturns on the distinction between the special knowledge of the legal assistant and theprofessional legal judgement of the lawyer which, in the public interest, must beexercised by him or her whenever it is required.

S. Except as pennitted under Sections S to 7,9, 10, 13 or 20 of The Legal AidAct. SS 1983, c 1.-9.1, the lawyer should nOt permit the legal assistant to:

a) accept cases on behalf of the lawyer;

b) fIX fees;

c) give legal advice;

d) give or receive undertakings;

e) act finally and without reference to the lawyer in matters involvingprofessional legal judgment;

f) be held out as a lawyer, or be identified other than as a legal assistant whencommunicating, whether orally or in writing, with clients, lawyers, pUblic officials 01'

with the public generally, whether within or outside the offices of the law flOt'l ofemployment; .

g) appear in Court or actively participate In legal proceedings on behalf of aclient CJtcept in a support role to the lawyer appearing in the proceedings;:

h) be named in any manner on the letterhead of a lawyer's stationery or in anysign, annountement or listing in any directory or advenisement used or published bythe lawyer, or in association with the lawyer in any pleading, ~itten agreement orother like document submitted to a coun.

6S

Code of Professional Conduct

6. A legal assistant should be pennitted to act only under the supervision of amember of The Law Society. Adequacy of supervision will depend on the type oflelal matter, including the degree of standardization and repetitiveness of the matter,and the experience of the Jegal assistant generally and with regard to the particularmatter. The burden rests on the lawyer who employs a legal assistant to educate thelatter with respect to the duties to which the legal assistant may be assigned, and thento supervise the manner in which the legal assistant carries out such work as it isperformed to ensure that it is proceeding comctly and in a timely fashion for deliveryto the client.

7. Por the purposesofthe foUowing guidelin~s in specific areas ofpractice. it hasin some instances been found easier to define the functions of the legal assistantaffinnatively:

a) R~al Estate

The lawyer may pennit the legal assistant to attend to aU mauers of routineadministration in a transaction relating to the sale, option,lease or mortgagingof land, and to conduct all routine correspondenceand draft aU documems andother eorrespondence including closing documents and statements of account.provided that the lawyer attends on the client to advise and take instructionson all substantive matters, review tiCie search reports, conducts all negotiationswith third partics or their lawyers, reviews documents before signing, attendson the client to review documents, reviews and signs title opinions and/orreporting Jetters to clients following registration.

b) ~omorate and Commercial

The lawyer may permit the lela] assistant to attend to aU matters of routineadministration and to draft all documentation and correspondence relating tocorporate proceedings and corporate records, security instruments andcontracts of aU kinds, including closing documents and statements ofaccount,provided that the lawyer attends on the client to advise and take instructionson all substantive matters, conducts all negotiations With third parties or theirlawyers and reviews all written marerial prepared by the legal assistant beforeit leaves his or her office other than documents and correspondence relatingto routine administration, and signs all correspondence except"as aforesaid.

c) ~iIIs. Trusts and Estate

The lawyer may pennit the legal assistant to collect information, assist indrafting cenain documents, prepare income tax, successionduty and estate taxreturns. calculate such taxes and duties, draft exe~tors' accounts andstatements of account. attend to filings and conduct routine correspondence,prOVided that me lawyer attends on the client to advise and take instructions

66

Code ofProfeutonal Co7fduet

on all substantive matters, conducts all negotiations with the mint parties ortheir lawyers, attends at any hearing before the Courtor Registrar. re\llews allmaterial prepared by the legal assistant before it leaves his or her office, 0Ihcrthan documents and correspondence relating to routine administration, andsigns all correspondence except as aforesaid.

d) Utigation

The lawyer may pennit the legal assistant to collect information, prepare draftpleadings, correspondence and other. documentation, research legal questions,prepare memoranda, organize documents, prepare briefs, draft statements ofaccount and attend to filings and other matters of an administrative nature,provided that the lawyer shall attend on the client to advise and, 'takeinstructions on all substantive issues, conduct all negotiations with third partiesor their lawyers (except where the amount involved does not justify the costof a lawyer's time. negotiations of claims other Iban in tort may be conductedby the legal assistant and communicared directly by him or her to the client ifprior to settlement it is reviewed by the lawyer). and review all writtenmaterial prepared by the legal assistantbefore it leaves his or her office. otherthan documents and correspondence relating to routine administration. andsigns all Q)rrespondenc:e except as aforesaid. The legal assistant shall not'attend at any examination for discovery of the client or to examine anotherparty in an aetlon, or attend in Court or before a Registrar ot' before anyAdministrative Tribunal. except in support of a lawyer also in attendance.

NOTES

1. Cf. eBA-COD lSi CBA 5(1), (2); IBA B-S and E-6; ABA-MR 5.5; ABA canon 3.DRs 3-101 (A). (B) and ~-103(2).

2. Cases and statutes provide that certain acts amount to -the practice of Jaw"; see, forexample:B.C.: Barristers aN! Solicitors Mt. R..S.B.C. 1979. c. 26, 55. 1. BO.Man.: Ltzw Society .Mr, R..S.M. uno, c. 1.--100, s. 48(1), a).N.B.: Borrisfen Society ..ict, S.N.B. 1931. c. SO, s. 14A as amended by S.N.B.1~7, c. 30.Nfld.: LawS()ci«y Act. R.S.N. 1910. c.201, s. 76(2).N.S.: Barristers' and Solicitors Aer. R.5.N.S. c. lJ-2, S. 4(2).P.E.I.: Law SociSy ond Lt!gal Profusion Act. R.S.P.E.I. 1974, c. Lag, s. 21.QUe.: Bar Act, R.S.Q. 1977, c. B-1. s. 121.The statutes of all provinces prohibit die practice of law by unauthorized persons:Alta.~ ugal Profession Act. R.S.A. c. 1--9, s. 93.B.C.: supra. s. 77.

.Man.: supra, s. 48(1).

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67

Code of Professional Conduct

N.B.: supra. s. 143(3).Ntld.: supra, s. 76(1).N.S.: supra, s. 4(1).OIU.: lAw &x;i«y Act. R.S.O. 1980. c. 233, s. 50(1), (2).P.E.I.: supra, s. 19.Que.: supra, as. 132 et seq.Sask.: The Legal Profestion Act. 1990. SS. c. I..-JO.l, s. 30"To Pl'O=t the public apinst persons who..•set themselves up as CODlpe&tat toperform services that imperatively tequil:e the training and learning of a solicitor,although $Uch persons lie without either leariling or experience to qualify them, is anutgCDt public service. ", per Robertson, C.J.D. in Ra ex rel. Smith v. Ott (1950)a.R.. 493 at 496 (ODt. C.A.)"When a man says in effect, I aID not a lawyer but I wiU do the work ofa lawyer foryou he is offering his services as a lawyer. In offering his services as ~ lawyer beis holding himselfout as a lawyer eYeD though he makes it c.lear he is not a properlyqualified1&wyer. If, per MUler, C.C.J. in Regilwv. Woods (1962), O.W.N. 27 at 30.See, generally, Orkin at pp. 350-53. BtltnwlI at p. 54.

3. Cf. Out. 19,20; B.C. P-4. In cases of hardship or illness and for Dther pd causegoverning bodies may well permit tegUlated and limited employment, for example tohelp rehabilitate an offender or one recovering ftom a. disability. Their eonoem is toprotect the public., not necessarily to inhibit iadivid~.

4. ct. B.C.(G-2; Alta. 40; mA E-4 and &6; ABA ECs 3-5 and 3-6. See also"Delelanon of Authority by Solicitors" (1968) 3 Law Soc. U.C. Gu. 23.