Q&A - Why not become a lawyer?

Why don't you just become a lawyer?

I get this question all the time when I introduce myself to others as notaries. Before answering the question, it is important to understand the legal profession first.

It is hard to explain our role in non-contentious legal work unless I am speaking to a person who understands 'lawyers' encompasses two distinct roles: Barrister and Solicitor. Traditionally, those two professions play distinctly different role in the legal system. A Barrister's role is to advocate for their clients in courts - complex litigations, appeals to the final courts of appeal or speciality areas of law. They are retained by the solicitor to advocate for the client, and do not generally deal with 'simple' legal matters. On the other hand, a Solicitor's role is to provide legal advice in both contentious and non-contentious matters and draft all the necessary paperwork for the client or barrister.

Section 19 of the Legal Profession Act of BC makes it clear a lawyer who is admitted to the bar in BC is admitted as both Barrister and Solicitor (and is also a notary public). Some countries such as the US, Canada and Singapore have a fused profession that allows a lawyer to practice in both roles. Other jurisdictions such as England, Ireland, Hong Kong and some Australian states continue to maintain them as distinct professions.

As a notary public in BC, it is my role to provide legal advice in non-contentious legal matters. We handle conveyancing, contract, wills & estates and personal planning work - work that would be undertaken by a solicitor if notaries did not exist. Some lawyers restrict their practice to certain areas of law such as conveyancing matters. In such scenario, BC notaries can already undertake the exact same work as lawyers do. Indeed, we are held to the same standard as lawyers.

Notaries have its presence in BC since 1865, and were the first legal professional available. In contrast, lawyers have only been in BC since 1869. Lawyers and BC notaries have co-existed ever since in providing their respective clientele legal services.

The bigger question as to why I would not want to become a lawyer?  First, law school graduates must undergo a formal process called clerkship (providing legal research and assistance for judges) or articling (pupilage in other jurisdiction) with a supervising lawyer before they can be licensed to independently practice law. Articling positions are increasingly difficult to find. Indeed, some have resort to unpaid articleship in a historically paid role to complete their final journey to becoming a lawyer.

Secondly, while most people think of lawyers as the only legal professionals available; more and more jurisdictions are engaging in the idea to expand access to legal service. For example, England and Wales offers the traditional solicitors and barristers, but also allows Chartered Legal Executives, Notaries, Licensed Conveyancers and Probate Practitioners to practice in wide ranging areas of law. Washington State also recently launched its Limited License Legal Technicians scheme to expand access to legal service/advice. As such, you can see being a lawyer is not the only way to practice law. I enjoy doing the work that I do as a notary, and feels I can satisfy my client's needs with the education I have in law without resorting to a law degree.