Law Society of Saskatchewan
Find a LawyerMember ProfileMember ResourcesContact
  • 0
    Cart
  • My Account
  • COVID 19 Updates
    • Covid 19Covid 19 Updates
      • Client Resources
        • Client Interaction Considerations
        • Client Identification and Verification
        • Testamentary Documents
      • Practice Interruptions
      • COVID-19 Response FAQs
      • COVID-19 HR Related FAQs
      • Health and Wellness
        • Wellness Together Canada
      • Technology Webinars
        • Working Remotely Resources
      • Business and Economic Support
  • About Us
    • About LSS VideoAbout Us
      Play video Our independence from the government is primary to our mission; it is important to the administration of justice and is fundamental to maintaining a free and democratic society that respects the Rule of Law. That is, the legal profession is uniquely positioned in society to provide a check and balance on government power by ensuring citizens who are in conflict with the government have access to impartial legal representation and ensuring accountability in all areas of society.
      • Mission, Vision, Values and Direction
      • Executive
      • Benchers
        • 2018 Bencher Election
      • Convocation
      • 2021 Committees and Task Forces
      • Annual and Financial Reports
      • Awards, Bursaries, Scholarships
      • Contact Us
  • News
      • slider_1Latest News
      • Practitioner Staff Appeals Tribunal Position
      • Call for Applicants for Adjudicators
      • Saskatchewan Estate Litigation Update: Adams Estate v Wilson: Who has standing to challenge a Will?
      • Podcasts
      • Legal Sourcery
      • Annual Reports
      • Benchers’ Digest
      • Re:Source Mail
      • Video
      • Case Mail
  • Initiatives
    • slider_1Initiatives
      The Law Society is seeking to identify legal service providers for new initiatives. This unique approach, the first of its kind in Canada, enables the Law Society to expand access to appropriately regulated legal services in a responsible and sustainable manner. The overall goal is to balance the need for enhanced access to legal services for underserved Saskatchewan citizens while ensuring public protection. For more information, click below. Consultation
      • Access to Justice
        • Future of Legal Services
        • Saskatchewan Legal Coaching and Unbundled Services Pilot Project
      • Equity
      • Legal Information
        • Saskatchewan Access to Legal Information
        • National Trusted Intermediaries and Legal Information Network
      • Innovating Regulation
      • Truth and Reconciliation
        • Additional Resources
        • Notice to Day School Survivors
      • Saskatchewan Justicia Project
  • Regulation
    • slider_1Remote Executing Of Certain Documents And Remote Witnessing Of Wills By Electronic Means Legislation Now Permanent
      We are happy to announce that today, the Government of Saskatchewan repealed the temporary emergency regulations related to remote execution of certain documents and wills and replaced those regulations with permanent regulations allowing for remote execution of documents via electronic means (i.e. video calls) to continue long-term beyond the end of the public emergency period. Practice Directives
      • Definition of the Practice of Law
      • Act, Code and Rules
        • The Legal Profession Act, 1990
        • Code of Professional Conduct and Amendments
        • Law Society Rules and Amendments
        • Rules Concordance – Read More
      • Potential Complaint Outcomes
        • Ethics Committee
        • Competency Committee
        • Conduct Investigation Committee
      • Hearings, Decisions and Rulings
        • Pending Discipline Matters
        • Discipline Decisions
        • Conduct Review Database
        • Ethics Rulings Database
        • Admissions and Education Proceedings
        • Admissions and Education Decisions
      • Lawyers with Practice Conditions/Restrictions
      • Lawyer Trusteeships and Successors
      • Firm Regulation
  • Public
    • slider_1New Law Society Complaint Form
      The goal is to assist and encourage complainants to provide clear and concise descriptions of their concerns, and reduce confusion by removing technical terms that may not be fully understood by members of the general public (i.e.: “conflict of interest”). Complaint Form
      • Finding a Lawyer
      • What to Expect From Your Lawyer
      • Looking For Lost Wills
      • Designated Holidays
      • Making a Complaint
        • Complaints Process
      • Common Client Concerns
        • Understanding Lawyers’ Fees
        • Quality of Service
        • Conflict of Interest
        • Confidentiality
        • Withdrawal
        • File Transfers
      • Common Client Concerns
        • Role of an Estate’s Lawyer
        • Role of Opposing Lawyer
        • Breach of Trust Conditions/Undertakings
        • Lawyer’s Conduct in Court
        • Lawyer’s Outside Interests
  • Lawyers and Students
    • hiring sign resizedCareer and Volunteer Opportunities
      • Becoming a Lawyer in Saskatchewan
        • Students
        • National Mobility Transfers
        • International Applicants
      • Becoming a Principal
      • Membership Services
      • Forms and Fees
        • Law Society Forms
        • Trust Account Forms
      • Career And Volunteer Opportunities
        • Students Seeking Articles
      • Lost Will Listings
      • Locum Registry
        • Information for Lawyers Seeking Locum Work
        • Tips for Hiring a Locum Lawyer
        • The Contract: Potential Issues and Sample Clauses
        • Ethical Issues and Practice Management
        • Professional Liability Insurance
        • Technology Preparedness
        • Locum Lawyer Scenarios
        • Locum Lawyer Registry
        • Disclaimer
      • Western Conveyancing Protocol
        • Protocol for Saskatchewan
      • Practice Advisor Program
      • Practice Resources
        • General Resources
        • Resources from the Courts
        • Internet and Technology
        • Tables and Indices
        • Forms and Guidelines
        • Queen’s Bench Rules
  • Legal Resources
  • CPD
    • slider_1Continuing Professional Development
      • CPD Activities
        • CPD Calendar of Activities
        • CPD On Demand (Subscription)
        • Recorded Versions Shop
        • Study Group Resources
      • CPD Policy
        • Reporting CPD Hours
        • Eligible CPD Activities
        • Approved Providers
        • Remedial CPD Plan Information
        • FAQs
        • Transition to One-Year CPD Term
      • Contact Us
      • Volunteers
  • Shop
Search

Load More

Generic filters
Law Society of Saskatchewan Regulation Definition of the Practice of Law

Definition of the Practice of Law

The Ministry of Justice and the Law Society of Saskatchewan created a Task Team in 2017 to explore the possibility of allowing non-lawyers to provide some legal services. One of the recommendations from the Task Team was to clarify the definition of the practice of law and identify what represents an unauthorized practice of law. Effective January 1, 2020, amendments to The Legal Professions Act, include a clearer definition of the practice of law. It reads as follows:

29.1 The practice of law is the application of legal principles and judgment with regard to the circumstances or objectives of another entity or person that require the knowledge and skill of a person trained in the law, and includes the following:

(a) giving advice or counsel to others with respect to their legal rights or responsibilities or the legal rights or responsibilities of others;

(b) drafting or completing legal documents or agreements that affect the legal rights of an entity or person;

(c) representing another entity or person in any of the following:

(i) a court;

(ii) a formal administrative adjudicative proceeding;

(iii) a formal dispute resolution process;

(iv) any other administrative adjudicative proceeding in which legal pleadings are filed or a record is established as

the basis for judicial review;

(d) negotiating legal rights or responsibilities on behalf of another entity or person”

Exemptions:

Recognizing that many groups and individuals who are not lawyers may find themselves caught within the definition, the Law Society has added rule 1002(1) identifying certain groups and individuals who may be exempted from the new unauthorized practice provisions, and in the public interest, continue to provide limited legal services without becoming a lawyer. These exceptions in the Rules are as follows:

Exemptions from the prohibition against the unauthorized practice of law

1002(1) Subject to subrule (2), for the purposes of clause 10(k.1) and clause 31(i) of the Act:

(a) the following persons are exempt from the prohibition against the unauthorized practice of law in section 30 of the Act insofar as they are carrying out the functions mentioned in  clauses (i) to (xiii):

(i) a person serving in a neutral capacity as a mediator or conciliator;

(ii) a person participating in labour negotiations, arbitrations, conciliations or proceedings respecting collective bargaining rights or agreements;

(iii) a person exercising an adjudicative function pursuant to statutory authority;

(iv) a person acting as a legislative lobbyist;

(v) a public officer acting within the scope of his or her authority as a public officer;

(vi) a person employed by the government to act as a lay representative before administrative agencies or tribunals;

(vii) a notary public exercising the powers conferred on the notary public by law;

(viii) a person who delivers courtworker services to Aboriginal people through an Aboriginal delivery agency that has contracted with the Government of Saskatchewan or the Government of Canada to deliver courtworker services as part of the Aboriginal Courtworker Program;

(ix) a person authorized to practice law in accordance with any provincial or federal statute;

(x) an officer or employee of an incorporated or unincorporated organization preparing a document for the use of the organization or for an action or matter to which the organization is a party;

(xi) a university law student in respect of services permitted to be provided by that student in accordance with the rules; and

(xii) an individual who is representing a person in an administrative adjudicative proceeding if the administrative tribunal determines that the individual would be of assistance to the person and the tribunal;

(2) Subrule (1)(a)(xii) and (b) do not exempt the following persons from the prohibition against unauthorized practice:

(a) a former member who has been disbarred and has not been reinstated;

(b) a member who is under suspension for any reason;

(c) a person who has been denied admission on the basis that the person is not suitable to practice, as defined in Part 7 or that admission would otherwise be inimical to the best interests of the public; or

(d) a person against whom an injunction has been issued pursuant to section 32 of the Act during the time that the injunction is in effect;

(e) a person who charges a fee for the service provided pursuant to subrule (1)(a)(xiii).

Online Tools

  • Search
  • Contact Us
  • Terms of Use

Quick Links

  • About Us
  • LSS Initiatives
  • For Lawyers & Students
  • For the Public
  • Regulation
  • CPD

Subscribe Now

Subscribe for the latest news from our blog "Legal Sourcery".

Stay Connected

Twitter
Facebook
Linkedin

© 2021 Law Society of Saskatchewan