Law Times

Page 2 October 28, 2013 Law Times • NEWS Mobility agreement gets official seal of approval BY YAMRI TADDESE Law Times A n agreement that allows lawyers broader mobility across all Canadian jurisdictions received an official seal of approval from all provincial law societies earlier this month. Representatives from each provincial regulator signed the agreement at a Federation of Law Societies of Canada meeting in St. John's, N.L., triggering the next stage of implementation throughout the country. The deal, ratified first by the Law Society of Upper Canada in February, allows lawyers currently confined to civil or common law jurisdictions broader access to practise law across the two systems. GREAT DEALS ON BOOKS FOR LEGAL, TAX AND HR PROFESSIONALS SAVE 35%* ON SELECTED TITLES UNTIL THE END OF THE YEAR To see all available titles, visit us online. Please enter promo code 64883 at checkout. * Offer valid until December 31, 2013 on selected titles. Offer not valid in conjunction with any other offer from Carswell. Shipping and handling are extra. Prices subject to change without notice and subject to applicable taxes. AVAILABLE RISK-FREE FOR 30 DAYS Order online: www.carswell.com/book-sale Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 AUTHORITATIVE. INNOVATIVE. TRUSTED. Legal research for the way you think – and work. WestlawCanada.com AUTHORITATIVE. INNOVATIVE. TRUSTED. www.lawtimesnews.com "Before the signings, all the law societies ratified already the agreement, so this signing ceremony yesterday was a confirmation of that," said former Barreau du Quebec president Nicolas Plourde, who signed the agreement for Quebec. The mobility agreement was an idea that began with a conversation between Plourde and Law Society of Upper Canada Treasurer Tom Conway. "Now the next step is to implement the agreement in each of the law societies," says Plourde following the signing on Oct. 17. The previous mobility arrangement with Quebec, the Quebec mobility agreement, allowed lawyers from common law jurisdictions to practise in areas "only with respect to matters under federal jurisdiction." That 2007 agreement also permitted common law lawyers to provide legal advice involving matters from their own province, the Criminal Code or public international law. The new agreement will replace those conditions and allow lawyers from common law jurisdictions to practise in any province, including Quebec, in any area of law they're competent in. These conditions also apply for Quebec lawyers who want to practise in other provinces. Implementing the agreement could take up to a year, says Conway, who notes the process will be a bit more complex on the Quebec side. The changes will first need approval from the Office of the Professions of Quebec as well as the Quebec government. Implementing the mobility agreement could take up to a year, says Tom Conway. "Bottom line, we are hoping to implement as soon as possible, but it may be another eight months to a year before implementation is complete and [it] depends on how quickly the office and the Quebec government move to approve the changes," says Conway. Plourde was in Toronto the day the law society ratified the new mobility agreement. At the time, he said the difference between civil and common law jurisdictions — the issue that had so far justified confining lawyers to those areas — is "more apparent than real." "With globalization of markets, I think it was important for the law societies of Canada to allow lawyers to move freely and practise across Canada without any barrier," he says. "Obviously mobility will be good for lawyers, especially Quebec lawyers who are bilingual and bi-juridical, but I think it will also be good for clients that lawyers will be able to follow their clients wherever they do business," he adds. Plourde also says the move will be good for access to justice as the influx of francophone lawyers to Ontario and English-speaking practitioners to Quebec will ensure clients who speak only one of Canada's official languages will receive better service in both provinces. Transferring lawyers will have an ethical obligation not to practise in areas of the law they're not competent in. The law society has also suggested that the Federation of Law Societies of Canada prepare a package outlining the difference between the civil and common law systems lawyers need to be aware of. LT

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