New provincial legislation reduces financial barriers for people requiring legal help

Under this new legislation, which took effect on Wednesday, non-lawyer legal professionals who meet the criteria under the Act may be eligible to provide legal services in areas including the following:

Cases before administrative tribunals and Provincial Court such as small claims, traffic matters and summary conviction matters under the Criminal Code.
Family law services limited to separation agreements, uncontested or joint divorce and parenting arrangements.
Wills, powers of attorney, guardianship and health care directives.
Administration of estates not exceeding $25,000.
Limited corporate legal services, contracts, land title transfers, interest registrations and discharges.
Helping self-represented litigants prepare for court.

The changes are the direct result of work completed by a Legal Services Task Team appointed in 2017 to examine the possibility of allowing non-lawyers to provide some legal services. Markowski, who was part of the consultation process, noted how great it was to work with the other professionals.

“I got into the practice of law because doing what’s right and what’s just and fair is so important to me. And then I saw a lot of people who maybe couldn’t afford it or I was doing a lot of the work, but they were getting billed maybe a lot more than they could afford. So this opportunity came up, and I thought, hey try it.”

The Law Society is now working to develop a process for non-lawyers to be authorized to provide these limited legal services in the near future. Anyone interested in pursuing this work is encouraged to review the information available on the Law Society of Saskatchewan’s website. In the meantime, Markowski said the response thus far has been incredible, referencing a 90-year old client without a will who benefited from her help.

“It almost brings you to tears. Just the way that it’s touched people and reached people who never had that before. And just knowing, you know, people being so appreciative to have this option that they never had before.”

Markowski also acknowledged early feelings of nervousness with respect to how having a non-traditional lawyer would be perceived by the legal community, but added it’s been very positive.

“Limited licensing is a first-of-its-kind initiative in Canada that enables the Law Society of Saskatchewan to expand access to regulated legal services in a responsible and sustainable manner, enhancing service to the public and strengthening the legal profession,” Law Society of Saskatchewan President Adam Touet, K.C. said in a media release. “These legislative changes are the result of significant work and consultations beginning in 2016 and the implementation of the Final Report of the Legal Services Task Team.”

Justice Minister and Attorney General Tim McLeod said access to justice is the key to safe communities, strong families, and equal opportunities across our province.

“I look forward to continuing to build our relationship with the Law Society to enhance legal services and ensure that everyone has the same opportunities to access the Saskatchewan justice system.”

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nigel.maxwell@pattisonmedia.com

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by Nigel Maxwell

New provincial legislation reduces financial barriers for people requiring legal help

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