5.2 Are you a Lawyer?
Gemma Smyth
Are you a Lawyer?
One of the first questions you might reasonably ask yourself in an externship or other law related work placement is “am I considered a lawyer”? This is a thorny question when a student is not in a work integrated learning context; however, the answer is a bit more clear for students acting in the role of a lawyer. Keep in mind that students acting in clinical or externship programs are regulated differently across Canada. In British Columbia, for example, students are “temporarily articled”, and different supervision and student appearance right rules are triggered. This section will focus on the Ontario Rules.
LSO Rules
The Law Society Act gives power to Convocation (the monthly meetings of Law Society benchers, the elected directors who govern the Law Society) to define who is a student, to prescribe classes of students and any practice related issues.In a placement setting, students are not permitted to call themselves lawyers, but they are held to the standard of a lawyer. Typically, letters and other correspondence will refer to you as a “law student”, sometimes specifying that you are acting under the supervision of an L1 licensed lawyer. Many firms and clinics will ask students to draft correspondence, but the letter is reviewed, edited and set out under the lawyer’s name.
In Ontario, there are 3 classes of licenses. Under LSO Bylaw 4, a L1 licensed lawyer is permitted to practise law in Ontario as a barrister and solicitor. This is the type of license most lawyers hold in Ontario.
By-law 7.1 defines what a student enrolled in a Canadian common law degree granting school is able to do, and what supervision requirements apply.
6.(1) A licensee shall not permit a non-licensee,
(a)to give the licensee’s client legal advice;
(b)to act on behalf of a person in a proceeding before an adjudicative body, other than on behalf of the licensee in accordance with subsection 5 (1), unless the non-licensee is authorized under the Law Society Act to do so;
(c)to conduct negotiations with third parties, other than in accordance with subsection 5 (2);
(d)to sign correspondence, other than correspondence of a routine administrative nature; or
(e)to forward to the licensee’s client any document, other than a routine document, that has not been previously reviewed by the licensee.
Students working with a lawyer are acting under that lawyer’s professional license. Supervisors are required to:
(a) assume complete professional responsibility for their practice of law, and
(b) shall directly supervise non-lawyers to whom particular tasks and functions are assigned.
By-law 7.1 should be reviewed in its entirety to understand what students are permitted to do and what requirements the LSO imposes.
Reflection Questions
- What implications does Bylaw 7.1 have on your relationship with your supervisor? Are there any tasks you assumed you could take on that you cannot? What firm or clinic practices will allow this bylaw to be respected?
- Consider: you are in an intake and a client demands an answer to a fairly straightforward legal question. What do you say? What considerations went into whether you can answer? What if the client is asking about legal information and not asking for legal advice?
