Non-lawyer ownership of law firms is a complex subject in Canada.
Like in the US, some Canadian jurisdictions are exploring ways to allow non-lawyers to have ownership stakes in law firms, aiming to improve access to legal services and introduce new investments.
This guide explores whether non-lawyers can own law firms in Canada, current restrictions, and emerging trends in legal services ownership.
Currently, Canadian law does not broadly allow non-lawyers to own law firms.
Ownership and control are generally restricted to licensed lawyers to maintain professional integrity, client confidentiality, and independence in the legal profession.
While these rules currently restrict non-lawyer ownership, some provinces are considering reforms to open up alternative business structures (ABS) for legal services.
Some provinces in Canada have begun discussions around allowing non-lawyer ownership or investment in law firms, but these discussions remain in early stages.
Ontario has taken the lead in exploring alternative business structures (ABS) that would allow non-lawyers to have an ownership stake in law firms.
In recent years, the Law Society of Ontario (LSO) has examined proposals to permit ABS as a way to increase access to legal services and support innovation.
However, these changes have not yet been implemented on a wide scale.
The Law Society of British Columbia (LSBC) has considered ABS as well, and in 2021, it launched a pilot project to assess the potential impact of non-lawyer ownership.
The LSBC is studying how ABS might help increase access to justice, particularly for underserved communities.
Other provinces, including Alberta and Quebec, have not made significant moves toward non-lawyer ownership at this time.
The traditional model of lawyer-only ownership remains the standard across most of Canada, though discussions about potential reforms are ongoing in several jurisdictions.
The debate around non-lawyer ownership in Canada centers on potential benefits and risks. Here’s a breakdown of the main arguments:
While non-lawyer ownership remains controversial, pilot projects and policy studies are helping regulators better understand its implications.
Currently, non-lawyer ownership is not broadly permitted, though Ontario and British Columbia are exploring alternative business structures (ABS) that may allow it in the future.
ABS are business models that allow non-lawyers to own or invest in law firms. ABS can take various forms, from limited ownership stakes to multi-disciplinary practices, where professionals from different fields collaborate within the same firm.
Proponents argue that non-lawyer ownership could reduce costs by allowing firms to attract external capital and invest in efficiency-boosting technology.
This could make legal services more affordable, especially for individuals and small businesses.
Concerns around conflicts of interest, client confidentiality, and professional independence make some provinces cautious about permitting non-lawyer ownership. Regulators worry that outside influence could undermine the ethical obligations of law firms.
Jeff is a lawyer in Toronto and he is a co-founder of goHeather. Jeff is a frequent lecturer on commercial and employment law and AI for law firms, and is the author of a commercial law textbook and various trade journal articles. Jeff is interested in business, technology and law.
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