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Law societies sign cross-Canada lawyer mobility agreement
Representatives of eight law societies across Canada, including the Law Society of Upper Canada, have signed a breakthrough agreement allowing lawyers from one province the ability to provide legal services in another with very little impediment.The National Mobility Agreement outlines the conditions under which lawyers can practise in the jurisdiction of another signatory province, either on a permanent or temporary basis, and addresses the professional liability insurance issues raised by lawyer mobility.
Liability insurance issues
Note: The following changes to the insurance program will come into effect only after the national mobility agreement has been fully implemented and insurance programs in the various jurisdictions have been modified accordingly. Until such time, lawyers are required to carry LAWPRO insurance coverage for their practice in Ontario, unless otherwise eligible for exemption under the program.
Lawyers practising in another signatory jurisdiction on a temporary basis
Lawyers who practise in Ontario (or the law of Ontario) on a temporary basis (i.e. less than 100 days in a calendar year) will not be required to take out additional liability insurance, beyond that in effect in their home signatory jurisdiction. Each signatory jurisdiction is required to ensure that its liability insurance:
- extends to its members if they provide legal services on a temporary basis in or with respect to the law of a host jurisdiction; and
- provides coverage of $1 million per claim/$2 million in the aggregate.
Lawyers practising in another signatory jurisdiction on a permanent basis
The Agreement streamlines the process by which lawyers can become members in the governing body of another signatory jurisdiction, and clarifies the insurance requirements that apply.
Lawyers can apply to exempt themselves from the liability insurance requirements of a governing body to which they have applied for membership, provided that the lawyer does the following in another signatory jurisdiction:
- is resident;
- is a member of the governing body; and
- maintains liability insurance coverage in that jurisdiction of $1 million per claim/$2 million in the aggregate.
Details on how liability insurance programs will respond in different circumstances are still being negotiated; additional information will be posted to the LAWPRO Web site when it is available.
For information on the National Mobility Agreement, go to http://www.flsc.ca/en/committees/mobility.asp.
Mobility Protocol comes into effect
Thousands of lawyers across Canada can now practise in another Canadian jurisdiction on either a temporary or permanent basis - with very few impediments.
On July 1, 2003, the National Mobility Agreement came into effect, providing lawyers with significantly more mobility than they had previously enjoyed.
Signatories to the new agreement include the Law Societies of British Columbia, Alberta, Saskatchewan, Manitoba, Newfoundland and Labrador, and the Nova Scotia Barristers' Society and the Law Society of Upper Canada. The Barreau du Québec also signed the agreement, though as a civil law jurisdiction, different criteria will apply.
An important component of the Agreement is the co-ordination of professional liability insurance coverage for lawyers practising in each others' jurisdictions.
Lawyers practising in another signatory jurisdiction on a temporary basis
Lawyers who practise in Ontario (or the law of Ontario) on a temporary basis (i.e. less than 100 days in a calendar year) will not be required to take out additional liability insurance, beyond that in effect in their home signatory jurisdiction.
Each signatory jurisdiction is required to ensure that its liability insurance:
- extends to its members if they provide legal services on a temporary basis in or with respect to the law of a host jurisdiction; and
- provides coverage of $1 million per claim/$2 million in the aggregate.
Lawyers practising in another signatory jurisdiction on a permanent basis
The Agreement streamlines the process by which lawyers can become members in the governing body of another signatory jurisdiction, and clarifies the insurance requirements that apply.
Lawyers can apply to exempt themselves from the liability insurance requirements of a governing body to which they have applied for membership, provided that the lawyer does the following in another signatory jurisdiction:
- is resident;
- is a member of the governing body; and
- maintains liability insurance coverage in that other jurisdiction of $1 million per claim/$2 million in the aggregate.
Other links:
- Q&A: How the new Mobility Agreement affects you and your insurance coverage
- Bylaws permitting Inter-provincial Mobility effective July 1, 2003
- LAWPRO Exemption Information and Exemption Form
Deadline for transaction filing around the corner
Real estate and civil litigation transaction levies for the second quarter, ending on June 30, 2000, will be due on July 31, 2000.All firms must file a transaction levy surcharge form for each quarter, even if your firm does not have any transaction levy surcharges to report. The only exception is for firms who have earlier filed an exemption form, indicating that the firm will not undertake civil litigation or real estate transactions during the year.
Key date reminder:
| July 15, 2000 | If you are paying your insurance premium levies in quarterly instalments, the third quarterly insurance premium instalment is payable. |
| July 30, 2000 | Real estate and civil litigation transaction levies and forms are due for the quarter ended June 30, 2000. |
| October 15, 2000 | Fourth and final quarterly insurance premium instalment is payable. |
| October 30, 2000 | Real estate and civil litigation transaction levies and forms are due for the quarter ended September 30, 2000. |
Paralegals need lawyer's supervision, LPIC tells Cory review
Paralegals should not be permitted to practise real estate conveyancing, except as a law clerk under the supervision of a lawyer, LPIC told the Cory review examining paralegal practice in Ontario.Earlier this year, Ontario Attorney General James Flaherty appointed the Hon. Peter Cory to head a review of the role of paralegals in Ontario's justice system. As part of this review, Mr. Cory held discussions in mid March with representatives from the legal and paralegal communities and other interested parties to receive input and achieve consensus prior to making his recommendations on a framework for regulating paralegal practice in Ontario to the Attorney General.
In its brief, prepared by TitlePLUS Vice President Kathleen Waters, LPIC emphasized the complexity inherent in conveyancing, pointing out that real estate practice requires a breadth and depth of knowledge that extends far beyond simple title issues: "Much of real estate education is about issue identification, risk assessment and advice-giving; it is not simply about how to fill out a statutory form or read a computerized title printout.
Moreover, with laws changing regularly and courts constantly redefining the standard of care, those without a common law legal education are ill-equipped to stay current with the obligations imposed on real estate practice and provide the in-depth advice, review and problem-solving functions now carried out by lawyers.
A case in point, says the brief, is LPIC's own TitlePLUS software, which contains 118 fields/inquiries - many of them requiring legal expertise -- that may have to be answered, depending on the circumstances.
The complexity of real estate practice is also reflected in LPIC's claims statistics, which make it clear that the "soft" issues far outweigh the title issues in residential real estate claims. For example, 59 per cent of losses can be traced to issues such as conflicts of interest, failure to follow client instructions or obtain client consent, or poor client communications.
LPIC also pointed out that the real estate bar has responded on many fronts to changes in the marketplace: Fees have fallen, firms are automating their practices, preparing for electronic registration, incorporating title insurance into their practices and offering ancillary products that simplify real estate purchases for consumers.
(For a copy of the full text of LPIC's submission to the Cory review, read LPIC's submission.)
LawStation Q&A: Why is LPIC involved in LawStation?*
What is LawStation?
LawStation is a complete hardware and software package that provides lawyers with a bundled solution to their technology needs. LawStation is specifically designed to meet the needs of lawyers in small practices who are either first-time buyers or who need to upgrade their equipment to ensure it is Y2K ready.
Why is LPIC involved in LawStation?
An important component of LPIC's risk management program is to help lawyers integrate technology into their law practices; technology encourages the introduction of efficiencies and systems that can reduce a lawyer's risk of being sued. In other words, using technology can have a positive effect on claims numbers and costs and can, over the longer term, help reduce insurance premiums for lawyers.
Through our ongoing interactions with lawyers, however, LPIC has realized that many lawyers hesitate to embrace technology. By and large, lawyers say they are too busy to invest the time and energy required to research technology solutions for their practices. LawStation takes the guesswork and legwork out of acquiring technology that meets the needs of most lawyers. And as is the case with packaged solutions in any line of business, LawStation costs less - as much as $2,000 less -- than it would cost an individual lawyer to buy a comparable hardware and software package.
What is LPIC's role in LawStation?
LPIC's role is limited to that of facilitator for the LawStation package. IPC Personal Computer was selected as the hardware and services partner after a rigorous tendering process which included a number of well-known suppliers. Software vendors that are leaders in their respective markets were approached and invited to participate in LawStation. LPIC worked with each partner to ensure that the LawStation package provided real value to lawyers.
LPIC will continue to promote the LawStation package through LPIC News and other communications tools (the website, media releases, e-mail announcements etc) at its disposal. However, all order taking and fulfillment is being handled by an independent third party supplier, ARGON Technology, under contract to IPC.
LPIC's profile in the LawStation announcement and advertising has prompted questions about the costs to LPIC for LawStation and the benefits accruing to LPIC from LawStation. Again, we re-iterate that LPIC's role is limited to that of facilitator.
No LPIC or Law Society funds are being used for any aspect of LawStation, nor do LPIC or the Law Society derive any direct benefit from LawStation. All promotion, advertising, fulfillment and customer service costs are paid for by the software and hardware vendors participating in LawStation. LPIC, and all lawyers, benefit from LawStation to the extent that LawStation prompts more lawyers to integrate technologies into their law practices; widespread use of technology should, LPIC believes, reduce claims numbers and costs, opening the door to even lower insurance premiums.
* Ed note: The LawStation initiative was discontinued in 2000.
LawStation: The single solution for your computer needs*
Technology is making the modern law practice more efficient and competitive. However, for many lawyers, equipping a practice with the right technology can be frustrating, time-consuming and expensive.
LawStation takes the guesswork - and legwork - out of buying technology. Looking to upgrade and ensure you're Y2K ready? Testing the technology waters for the first time? Wondering what's the right technology solution for your practice - and the right price? LawStation has the answers.
LawStation is a computer hardware and software package consisting of the leading personal computer and software brands. Buy or lease - and save more than $2,000 through exclusive discounts off the price of the computer and legal software.
For as little as $1,999 you get ALL of the following:
- One IPC ® computer with:
- 366 MHz Intel ® Celeron (TM) processor
- 64 MB SDRAM
- 6.4 GB hard drive
- 32X CD ROM
- 1.44 MB floppy drive
- 56K modem
- 3D Soundpro sound card
- Amplified speakers
- Microsoft mouse
- Microsoft keyboard
- Windows 98
- 17" Monitor
(upgrades to many of the above are available)
Value-priced options:
- Network-ready computers, portable laptops and laser printers are available at attractive prices
- Microsoft Office 97, Corel Legal Suite & NaturallySpeaking Professional
Pre-loaded software on your computer:
- TitlePLUS ®
- Teraview ®
- 30-day free trial of Amicus Attorney ®
- 30-day free trial of REALTI ®
- 30-day free trial of WILLpower ®
- Demo of PCLawJr ®
- Free subscription to the new online COACHING CENTRE, a web-based training tool for lawyers and their staff
- Corel WordPerfect Suite
Services included:
- 24-, 36- or 48-month leases available, starting at just $68/month
- 3-month free Internet Access ($75 value) from Internet Direct
- Installation, set-up and basic on-site testing included
- 3-year warranty on computer
Don't waste your valuable time shopping around.
Call toll-free 1-877-827-4668 to learn more or to place your order.
* Ed note: The LawStation initiative was discontinued in 2000.
LawStation demonstrations: In a city near you
To provide lawyers with a first-hand look at how the LawStation package can meet their technological needs, LawStation is taking to the road for a series of demonstrations/seminars across Ontario this fall.
Seminars will be hosted by Argon Technology, the firm contracted by IPC Computers to handle all order taking and fulfillment of LawStation packages.
LawStation is a complete hardware and software package tailored for the legal market and priced competitively at $1,999 (plus shipping and taxes) for the basic LawStation package.
LPIC facilitated the creation of the LawStation package by bringing together hardware and software vendors. IPC Personal Computers, Canada's leading manufacturer of value-priced home and business computer systems, supplies the hardware, while software supplied or available at reduced pricing includes: Teraview®, TitlePLUS, Amicus Attorney®, REALTI®, WILLpower®, PCLawJr®, Corel WordPerfect Suite; Dragon NaturallySpeaking Professional®, Microsoft Office '98® and Corel Legal Suite.
The LawStation initiative is a component of LPIC's risk management program to help lawyers integrate technology into their law practice. However, no LPIC or Law Society funds are used for any aspect of LawStation, nor do LPIC or the Law Society derive any direct benefit from LawStation. Promotion, advertising, fulfillment and customer service costs – including the demonstrations – are paid for by the vendors participating in the LawStation program.
Seminar Location Date
Kitchener November 3, 1999
Markham November 10, 1999
Mississauga November 17, 1999
Ottawa December 1, 1999
Oshawa December 8, 1999
Newmarket December 15, 1999
For information on times and locations, and to reserve your spot at the demonstration/seminar, contact Argon Technology directly at 1-877-827-4668.
LPIC a sponsor for CBAO Institute 2000
LPIC was a major supporter of the Canadian Bar Association -- Ontario's 25th anniversary Institute 2000, which ran from January 27 to January 29, 2000, at the Royal York Hotel in Toronto.
practicePRO, LPIC's innovative change and risk management program, was a leading sponsor of the Institute as well as host for the Friday, January 28 Communications luncheon. practicePRO is also featured on a CD-ROM containing all Institute papers which was provided to all conference attendees. The CD-ROM includes a short presentation on the many initiatives practicePRO offers lawyers to help them better manage the risk associated with law practice and adapt to the changing practice climate of the new century.
TitlePLUS, LPIC's leading conveyancing and title insurance initiative, sponsored the Real Property segment of the Institute program.
The Institute program featured two senior members of the LPIC staff: Kathleen Waters, Vice President of TitlePLUS, whose address "Title insurance: An option for all deals" was part of the Real Property segment of the program on Thursday, January 27, 2000; and Yvonne Bernstein, claims supervisor, provided advice on risk management strategies for family law lawyers. Her presentation, "Lawyer's liability: The best offence is a good defence" was held on the morning of Friday, January 28, 2000.
"Given the many and fundamental changes facing the legal profession in the short and long term, it is more important than ever that LPIC reinforce its linkages with the legal community," explains Malcolm Heins, LPIC President. "We know from experience that one of the most effective ways to influence practice behaviour – and help lawyers think about new ways to manage their risk – is through major gatherings such as the Institute. Our focus this year is to strengthen our partnerships with the legal community so that we can reach lawyers more directly with our important risk and change management initiatives."
July 31, 2010
Real estate and civil litigation transaction levies and forms are due for the quarter ended June 30, 2010.
- Transaction filing
• online forms
• pdf forms
