Ensuring the integrity of Legal Aid Alberta’s (LAA) certificate system is fundamental to both professional accountability and the proper functioning of our justice processes. It is equally essential to safeguard client trust and confidence in the representation they receive.
Recent reviews have revealed:
- Repeated instances where the lawyer who accepts a certificate offer — and whose name appears on the certificate — is not the lawyer recorded in JOIN as counsel of record.
- Clients experience confusion and legitimate concern when the lawyer contacting them or appearing in court is not their choice of counsel or the lawyer that Legal Aid formally identified as their counsel.
Acceptance of a certificate is not an administrative formality. It carries full professional responsibility.
Administrative Policy 5 (section 1.8), in effect since June 1, 2021, clearly states:
“If LAA issues a client-based certificate to a lawyer, that lawyer (the ‘certificate lawyer’) must act for the client with respect to any matters that fall within the scope of the certificate,” subject only to the limited exceptions set out in the policy.
By accepting a certificate offer, roster members confirm that they are available and prepared to personally conduct all substantive work associated with the file. Accepting a certificate without the intention or availability to carry it through is a breach of policy.
While occasional agent appearances due to scheduling conflicts are permissible under Administrative Policy 5, the certificate lawyer must maintain carriage of the file, remain responsible for all substantive decisions, and follow up directly with the client. Agent use is not a substitute for proper file carriage.
Transfers within the same firm are strictly limited. A transfer may occur only where:
- no invoicing has taken place; and
- the client has provided informed consent.
Both conditions must be fully satisfied before any transfer is processed. This provision is not to be used as a routine administrative convenience, a workload management tool or a staffing solution.
All roster members are directed to immediately review Administrative Policy 5, particularly sections 1.8 through 1.17. Compliance will be strictly monitored and rigorously upheld. Non-compliance may result in administrative action, including restrictions, removal from the roster or other measures deemed appropriate.
Roster members are expected to align their practices with policy requirements without delay.
Additional Q&A
- Can I transfer the file internally to someone in my firm, who will do the work?
Not unless you fall into the VERY limited exceptions noted in Administrative Policy 5 (sections 1.11–1.17). - Can another lawyer in the firm, who is not on the roster, work on the file?
No, not in any circumstances. This is a clear violation of our administrative policies. - Can I have my junior or student-at-law do the initial interview with the client?
No, this must be completed by the certificate lawyer. - Can an agent appear in court to adjourn a matter for me?
Yes, if the client is aware that someone other than the certificate lawyer is appearing and what the agent will be doing for the client. - What if I am away on vacation and the opposing party in a family matter serves my client, and the matter is back in court before I return?
It depends. Another lawyer, your junior lawyer or a student-at-law cannot do the application. Arrangements can be made with another lawyer in your firm or a colleague outside your firm to appear on your behalf to protect the client’s interests. Another lawyer, a junior or a student-at-law, can appear, explain the situation and request an adjournment until the certificate lawyer is available. - Can my student-at-law or junior associate assist with doing legal research or drafting documents?
Yes, under the supervision of the lawyer to whom the certificate is issued. - Can another lawyer in the firm conduct the necessary interviews with the client or collaterals to prepare Gladue submissions?
No, not unless the certificate lawyer is also present, as the junior or student-at-law is not the certificate lawyer. - Can my student-at-law or junior associate enter a guilty plea?
No. - Can my student-at-law or junior associate conduct a sentencing hearing?
No. - Can my student-at-law or junior associate conduct a contested bail application?
No, unless the client consents and the certificate lawyer is physically present, in case of issues arising. - Can my student or junior associate help with briefing disclosure?
Yes, under the supervision of the lawyer to whom the certificate is issued. - Can my student-at-law or junior associate conduct a trial on my certificate?
No.
For obvious reasons, we cannot address everything that is allowed or prohibited here.The governing Policy is Administrative Policy 5, ss. 1.8 to 1.17, which has been in effect since June 1, 2021.
If you have any questions, please contact [email protected].