Definition of the Practice of Law and Unauthorized Practice
Definition of the Practice of Law
The Law Society regulates lawyers and the practice of law in the public interest. The Legal Profession Act, 1990 includes a definition of the practice of law which describes the application of legal principles and judgment by a person trained in the law as related to:
- giving legal advice
- drafting or completing legal documents
- representing a party
- negotiating legal rights or responsibilities
The Law Society has a flexible regulatory structure which allows lawyers and limited licensees practicing in regulated firms/entities to engage in the practice of law.
Regulated Practice of Law and Delivery of Legal Services
Check first: Being an informed client is one of the best defences against receiving or purchasing services from an unregulated firm/entity or legal service provider.
- Check registration/licensing as a member of the Law Society of Saskatchewan
- Check disciplinary history
- Check the news and search the internet
- Check available tools and resources
Unauthorized Practice of Law
It is unlawful for individuals or firms/entities to practice law or provide legal services directly to the public without a license in Saskatchewan. This is considered unauthorized practice. Unlicensed individuals and firms/entities who engage in the practice of law or misrepresent themselves as legal professionals may put the public at risk and therefore are prohibited from doing so. Section 30 of The Legal Profession Act, 1990 defines the unauthorized practice of law.
Subject to section 31, no persons other than members of the Law Society of Saskatchewan who hold a licence shall:
- practise law in Saskatchewan
- hold themselves out as, or represent themselves to be, persons who may practise law in Saskatchewan
Doing either of these activities without being licensed or exempted from unauthorized practice constitutes the unauthorized practice of law.
Exemptions to Unauthorized Practice
Section 31 of The Legal Profession Act, 1990 details exceptions to unauthorized practice and section 10 grants authority to the Law Society to indicate in its Rules exempt persons and classes of persons from the prohibition against the unauthorized practice of law. As a condition of the exemption, exempted persons or a class of exempted persons may need to comply with terms or conditions.
Read more: Frequently Asked Questions – Practice of Law and Exceptions and Exemptions
Enforcement
The Legal Profession Act, 1990 authorizes the Law Society to prosecute individuals who engage in the unlawful practice of law. The Law Society enforces unauthorized practice provisions against individuals or organizations who pose a clear risk to the public due to a lack of training or experience, an unacceptable risk associated with their activities, identified issues that might affect the rule of law or administration of justice, and/or misleading the public about qualifications or status with the Law Society.