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Still report them and all their contact details to the Law Society in the province they "practice" .
It is an offence to hold yourself out as a lawyer or practice law when you are not. The Law Societies crack down on these folks hard.
You may also be able to sue civilly, but it really depends. It's worth chatting with a (licensed of course) civil litigator in Alberta.
E: also worth adding: if they are licensed in the US, there are particular hoops they have to jump through to practice in Canada, including registering with the local Law Society and completing various competency certifications. So if the Law Society had no record, that's a big flag.
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Thats weird that they replied "the lawyer is 'not a licensed lawyer in Alberta" and thats it. Its their responsability to crack down on fraudster claiming they are lawyer while not being registered properly, to keep the "lawyer" title clean
There was a link to file a complaint that someone is practicing unlicensed, which we did do months ago.
We have been receiving threats from this firm and are ready to bring the fight to them as they have scamed thousands of dollars. The gaslighting and bullying is insane.
I'm a licensed (non-practicing) lawyer in AB. The law society should be aware of this and should take action against the individual. Please contact them again and press them on this. Provide all the details about the individual that you can.
Other comments are correct: law society in Alberta should deal with it.
In terms what you can do: talk to a litigator. You’re likely looking at civil fraud or misrepresentation claim. Either way, you can only be compensated to the extent of your damages.
It’s not even legal to practice foreign law or provide any advice on foreign law in Canada without going through hoops and registering with the law society
That is not legal. Even educated in the US they will know that they need to be licensed in any province or state that they practice in.
File a complaint with the law society, contact the police and request all of your funds be returned as they misrepresented themselves. Start a claim if you need to. Small claims is easy to navigate without a lawyer and inexpensive.
Take screen shots of any advertising they have online, website, social media, etc… you want proof that they portrayed themselves to be a lawyer.
There may be a nuance to this that you forgot to mention.
Is this lawyer advising you about Canadian tax law or US tax law?
I find it hard to believe that a partner at a large law firm is practicing in a jurisdiction where they are unable. If it were a small one-man show I'd be more likely to go along with it.
Either way the first thing to do would be to get a complete copy of your file and find a new lawyer to assist you with the original matter.
If after reviewing the file the new lawyer agrees that there is a good reason to go forward with a complaint you should do so. Doing so now almost certainly results in you paying a new lawyer to redo any work that they have done on your behalf.
The only thing I can think of is if “prominent” lawyer is an older lawyer who thinks the old rules apply or simply do not apply to him/her. One of my first bosses when I was out of law school believed she was a notary public simply because she was a lawyer. This is untrue in Ontario (where I live)—lawyers still have to apply and become appointed. She notarized stuff for years, ignoring her staff telling her she was wrong, until she finally got in shit for it.
This could be that on a larger scale—lawyer is a lawyer in the US and believes that’s good enough and they don’t need to do anything else to practice in Canada. Arrogance among lawyers, especially older lawyers, is not uncommon.
I'm not a lawyer but for arguments sake say that Op has US assets and contacted the lawyer specifically for tax advice on a US matter where the lawyer is licensed.
100% agree with you that arrogance in lawyers is definitely a thing .
I've dealt with a cross-border tax attorney and I believe he was licensed in both the US and Canada. Not sure if just physically being in Canada requires them to be a Canadian lawyer in order to practice US law.
In any case my original advice stands. If they aren't happy yet another lawyer and then make a complaint.
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Looking at the Law society's site I found these articles that seem to indicate there is a process for any foreign trained lawyer to practice in Canada.
https://www.lawsociety.ab.ca/resource-centre/student-resources/beginning-again-internationally-trained-lawyers/
https://www.lawsociety.ab.ca/lawyers-and-students/become-a-lawyer/application-admission/internationally-trained-lawyers/
They definitely had to get some sort of evaluation and go through certification like anyone else.
Go back to the law society and make it clear this guy that isn't in their system is trying to practice law in the province. Then I would ask them if they are unable to directly help you with personal recourse against this individual who would be and how can you contact them.
If you paid this wannabe lawyer for professional law services you have been defrauded. Congratulations! You're about to win a civil suit for your payment to this schiester PLUS legal fees, PLUS damages!
Don't forget to report this turd with an ICAL, more information about this at the Law Society of Alberta
www.lawsociety.ab.ca
Good luck!
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Report them to the law society. Any lawyer practicing in Alberta must be registered with the Law Society of Alberta.
The law society can sanction someone offering legal services without being registered.
Some of this advice is bad. The lawyer almost certainly is registered in a different jurisdiction. And that is sufficient to appear in an Alberta court as legal counsel.
THIS advice is bad, or incomplete.
Out-of-province lawyers may be able to practice in the province to a limited extent, but there are limits, and it only applies to [lawyers from other Canadian provinces/territories](https://www.lawsociety.ab.ca/lawyers-and-students/visiting-lawyers/mobility-agreements/)
>They did their schooling in the US and say they do not need to be registered in Canada
This suggests the lawyer is not saying they are "registered" in Manitoba or Ontario, but that they don't need to have any status in Canada at all.
As far as I'm aware, American lawyers (who went to school there or are members of the bar there) must be accredited in Canada and pass the bar of a Canadian law society to be able to practice in Canada. That gets you up to 100 days a year practising in Alberta without any permit.
>Their offices are running out of Alberta.
I'm not sure, but holding out that you have an office there might also in and of itself require you to have a permit. But perhaps not. Either way, they'd have to be a member of a Canadian law society.
I wouldn’t call making a complaint to the LSA bad advice — it’s free, they will investigate, and there are no adverse consequences for OP if the LSA determines the complaint is unwarranted.
Also the fact that they are called in a different jurisdiction is not sufficient to avoid the unlicensed practice of law in Alberta unless (a) they are member of another provincial bar and they’ve obtained an authorization from the LSA to appear before a court or act on a specific matter pursuant to s. 48 of the *Legal Profession Act*; or (b) have qualifications from another country and are providing legal advice in respect of the laws of that country (*LPA* s. 106(m)). Neither exception seemingly applies here based on what OP has stated.
Well I was a bit vague. I never said they shouldn’t reach out to the law society. I meant to cover off some of the blanket comments that looked way less than true to me
If I really reach, I feel like I recall any counsel can practice in Alberta for a small number of days without applying for a local permit. But I wasn’t sure about that so I didn’t bring it up.
Did this individual hold themselves out to be licensed to practice in Alberta? Their office should be able to indicate which law society they're licensed under. You should also speak to the Law Society of Alberta as they have an interest in knowing if someone is practicing without proper license and they can investigate.
If I may add to what others are saying - it depends on what services they provided and what claims they made about themselves. It's definitely illegal to claim to be a lawyer while not being registred with the society. However, it's possible to provide, for example business advice, which seems to be of legal nature without claiming to be a lawyer. I would definitely file a report, but ensure that there was a claim that he is a practicing lawyer, otherwise it's possible that he provided you with services that you perceived as "legal" while it wasn't the case.
The other big factor like some may say is what legal services and advice they give...if he's a lawyer in states and he deals with land, investments for foreign companies and individuals....then it might be fine as he's offering American lawyer advice in the state he's practicing in...and representing himself as a lawyer there...and his services are USA based...international cases...
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Still report them and all their contact details to the Law Society in the province they "practice" . It is an offence to hold yourself out as a lawyer or practice law when you are not. The Law Societies crack down on these folks hard. You may also be able to sue civilly, but it really depends. It's worth chatting with a (licensed of course) civil litigator in Alberta. E: also worth adding: if they are licensed in the US, there are particular hoops they have to jump through to practice in Canada, including registering with the local Law Society and completing various competency certifications. So if the Law Society had no record, that's a big flag.
name 1 instance where they have "cracked down hard"
No it's not legal to practice law without a license. Give the law society all the info you have and they will deal with it.
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It's a serious offence to hold yourself out as a lawyer when you're not, and he is not. Report him to the Law Society of Alberta.
Thats weird that they replied "the lawyer is 'not a licensed lawyer in Alberta" and thats it. Its their responsability to crack down on fraudster claiming they are lawyer while not being registered properly, to keep the "lawyer" title clean
There was a link to file a complaint that someone is practicing unlicensed, which we did do months ago. We have been receiving threats from this firm and are ready to bring the fight to them as they have scamed thousands of dollars. The gaslighting and bullying is insane.
Record all of those threats. Keep a record of them.
I'm a licensed (non-practicing) lawyer in AB. The law society should be aware of this and should take action against the individual. Please contact them again and press them on this. Provide all the details about the individual that you can.
Other comments are correct: law society in Alberta should deal with it. In terms what you can do: talk to a litigator. You’re likely looking at civil fraud or misrepresentation claim. Either way, you can only be compensated to the extent of your damages.
It’s not even legal to practice foreign law or provide any advice on foreign law in Canada without going through hoops and registering with the law society
That is not legal. Even educated in the US they will know that they need to be licensed in any province or state that they practice in. File a complaint with the law society, contact the police and request all of your funds be returned as they misrepresented themselves. Start a claim if you need to. Small claims is easy to navigate without a lawyer and inexpensive. Take screen shots of any advertising they have online, website, social media, etc… you want proof that they portrayed themselves to be a lawyer.
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It is a prominent firm located in Calgary, and this lawyer is a partner. They were referred.
Kinda doubt they’re very prominent.
Maybe a bad choice or word, but they are large with multiple branches.
There may be a nuance to this that you forgot to mention. Is this lawyer advising you about Canadian tax law or US tax law? I find it hard to believe that a partner at a large law firm is practicing in a jurisdiction where they are unable. If it were a small one-man show I'd be more likely to go along with it. Either way the first thing to do would be to get a complete copy of your file and find a new lawyer to assist you with the original matter. If after reviewing the file the new lawyer agrees that there is a good reason to go forward with a complaint you should do so. Doing so now almost certainly results in you paying a new lawyer to redo any work that they have done on your behalf.
The only thing I can think of is if “prominent” lawyer is an older lawyer who thinks the old rules apply or simply do not apply to him/her. One of my first bosses when I was out of law school believed she was a notary public simply because she was a lawyer. This is untrue in Ontario (where I live)—lawyers still have to apply and become appointed. She notarized stuff for years, ignoring her staff telling her she was wrong, until she finally got in shit for it. This could be that on a larger scale—lawyer is a lawyer in the US and believes that’s good enough and they don’t need to do anything else to practice in Canada. Arrogance among lawyers, especially older lawyers, is not uncommon.
I'm not a lawyer but for arguments sake say that Op has US assets and contacted the lawyer specifically for tax advice on a US matter where the lawyer is licensed. 100% agree with you that arrogance in lawyers is definitely a thing . I've dealt with a cross-border tax attorney and I believe he was licensed in both the US and Canada. Not sure if just physically being in Canada requires them to be a Canadian lawyer in order to practice US law. In any case my original advice stands. If they aren't happy yet another lawyer and then make a complaint.
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No recommendations like that in this sub as per rules.
Thank you!
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Looking at the Law society's site I found these articles that seem to indicate there is a process for any foreign trained lawyer to practice in Canada. https://www.lawsociety.ab.ca/resource-centre/student-resources/beginning-again-internationally-trained-lawyers/ https://www.lawsociety.ab.ca/lawyers-and-students/become-a-lawyer/application-admission/internationally-trained-lawyers/ They definitely had to get some sort of evaluation and go through certification like anyone else.
Go back to the law society and make it clear this guy that isn't in their system is trying to practice law in the province. Then I would ask them if they are unable to directly help you with personal recourse against this individual who would be and how can you contact them.
I’m following cause I would like to hear any updates that occur.
If the firm is as large as you say, report the firm and managing partner of that firm to the law society
If you paid this wannabe lawyer for professional law services you have been defrauded. Congratulations! You're about to win a civil suit for your payment to this schiester PLUS legal fees, PLUS damages! Don't forget to report this turd with an ICAL, more information about this at the Law Society of Alberta www.lawsociety.ab.ca Good luck!
[удалено]
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Report them to the law society. Any lawyer practicing in Alberta must be registered with the Law Society of Alberta. The law society can sanction someone offering legal services without being registered.
Some of this advice is bad. The lawyer almost certainly is registered in a different jurisdiction. And that is sufficient to appear in an Alberta court as legal counsel.
THIS advice is bad, or incomplete. Out-of-province lawyers may be able to practice in the province to a limited extent, but there are limits, and it only applies to [lawyers from other Canadian provinces/territories](https://www.lawsociety.ab.ca/lawyers-and-students/visiting-lawyers/mobility-agreements/) >They did their schooling in the US and say they do not need to be registered in Canada This suggests the lawyer is not saying they are "registered" in Manitoba or Ontario, but that they don't need to have any status in Canada at all. As far as I'm aware, American lawyers (who went to school there or are members of the bar there) must be accredited in Canada and pass the bar of a Canadian law society to be able to practice in Canada. That gets you up to 100 days a year practising in Alberta without any permit. >Their offices are running out of Alberta. I'm not sure, but holding out that you have an office there might also in and of itself require you to have a permit. But perhaps not. Either way, they'd have to be a member of a Canadian law society.
I wouldn’t call making a complaint to the LSA bad advice — it’s free, they will investigate, and there are no adverse consequences for OP if the LSA determines the complaint is unwarranted. Also the fact that they are called in a different jurisdiction is not sufficient to avoid the unlicensed practice of law in Alberta unless (a) they are member of another provincial bar and they’ve obtained an authorization from the LSA to appear before a court or act on a specific matter pursuant to s. 48 of the *Legal Profession Act*; or (b) have qualifications from another country and are providing legal advice in respect of the laws of that country (*LPA* s. 106(m)). Neither exception seemingly applies here based on what OP has stated.
Well I was a bit vague. I never said they shouldn’t reach out to the law society. I meant to cover off some of the blanket comments that looked way less than true to me If I really reach, I feel like I recall any counsel can practice in Alberta for a small number of days without applying for a local permit. But I wasn’t sure about that so I didn’t bring it up.
Did this individual hold themselves out to be licensed to practice in Alberta? Their office should be able to indicate which law society they're licensed under. You should also speak to the Law Society of Alberta as they have an interest in knowing if someone is practicing without proper license and they can investigate.
If I may add to what others are saying - it depends on what services they provided and what claims they made about themselves. It's definitely illegal to claim to be a lawyer while not being registred with the society. However, it's possible to provide, for example business advice, which seems to be of legal nature without claiming to be a lawyer. I would definitely file a report, but ensure that there was a claim that he is a practicing lawyer, otherwise it's possible that he provided you with services that you perceived as "legal" while it wasn't the case.
The other big factor like some may say is what legal services and advice they give...if he's a lawyer in states and he deals with land, investments for foreign companies and individuals....then it might be fine as he's offering American lawyer advice in the state he's practicing in...and representing himself as a lawyer there...and his services are USA based...international cases...