Foreign Legal Consultants
Foreign Legal Consultants (FLC)
Purpose
The FLC by-law, By-law-14, states that no person shall give legal advice in Ontario respecting the law of a foreign jurisdiction except in accordance with the provisions of the by-law. It requires lawyers licensed outside of Canada to apply to the Law Society for a permit to practise the law of their home jurisdiction in Ontario. Applicants must fulfill the requirements outlined in the by-law to qualify for this permit and must report annually to the Law Society to renew their permit.
Ontario members in good standing who are also members of the bar of a foreign jurisdiction may practise Ontario law and be granted a permit as a Foreign Legal Consultant (FLC). Ontario lawyers may also employ, partner, or associate, with FLCs who are licensed to practise law in Ontario, provided this is done in compliance with the Law Society's by-laws, Rules of Professional Conduct and policies.
Who can apply
Members of the bar of a foreign jurisdiction and Law Society members in good standing who are also members of a foreign jurisdiction must apply to be a FLC if they provide legal advice and services about the law of that foreign jurisdiction in Ontario.
If approved, FLCs are restricted to practise only the law of the foreign jurisdiction(s) where they are licensed. They must practise in strict accordance with the respective rules and regulations of the professional governing body as governed by their foreign jurisdiction(s). FLCs cannot provide legal advice or services regarding the law of Ontario at any time unless they are also members of the Law Society of Upper Canada and in good standing.
Initial Application Requirements
- A completed and original Application for Permit as a Foreign Legal Consultant
- Non-refundable administrative application fee
- A certified and true copy of the insurance policy covering the foreign law firm/employer with whom the applicant is employed or associated to be submitted by the insurer directly to the Law Society (In instances where the applicant is making their own application, a certified and true copy of the insurance policy they secure must be submitted by the insurer to the Law Society)
- Proof of Reciprocity from the relevant jurisdiction
- A Certificate of Standing (dated within the last 30 days) from each jurisdiction where the applicant is or has been a member to be submitted by the regulatory body directly to the Law Society
- Two Character References to be submitted directly by each reference to the Law Society (not applicable if applicants are also members of the Law Society of Upper Canada)
- Photo ID on a government issued document (not applicable if applicants are also members of the Law Society of Upper Canada)
- Applicant's curriculum vitae
- Additional pertinent undertakings and documents to comply with specific application requirements
Ongoing Requirements
An FLC permit expires one year after the date on which it is issued. An FLC is required to renew their permit prior to its expiry date. Failure to do so will prohibit the FLC from continuing their foreign legal practice. It is suggested that a complete renewal package be received by the Law Society no later than 30 days before the expiry date of the permit.
Application Process
All applications and pertinent attachments will be reviewed by Administrative Compliance (AC). If the review reveals that the application and/or attachments are deficient in any way then an AC Representative will contact the applicant to request additional information or clarification or to advise of changes necessary for compliance to By-law 14.
Administrative Compliance requires 15 business days to process either the initial application or renewal applications and to issue permits.
Non-refundable Administrative Fees
A non-refundable application fee in the amount of $500 + GST must be remitted along with the completed application.
A non-refundable annual renewal fee in the amount $100 + GST must be remitted along with the completed annual renewal application.
Links to Applications and Additional Documents
Initial Application- Application for Permit as a Foreign Legal Consultant (pdf)
- FLC Application Fee Remittance Form (pdf)
- Guide to FLC Application (pdf)
- Undertakings (pdf)
- Certificate of Character and Reputation (for non-LSUC members only) (pdf)
- Renewal Application for Permit as a Foreign Legal Consultant (pdf)
- FLC Annual Renewal Fee Remittance Form (pdf)
Links to Applicable By-law
- By-Law 14: Foreign Legal Consultants
Questions
Application related questions should be directed to Administrative Compliance by contacting the Resource Centre at (416) 947-3315 (toll-free 1-800-668-7380 x3315) and asking to be transferred, or email Administrative Compliance using the Contact Page.