Brian D. Kwan 
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What's Your Lawyer's Role?

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This entry was posted on 11/15/2007 4:15 PM and is filed under Corporate,Real Estate,Wills and Estates.

I was at a conference yesterday where one speaker discussed the use of title agents in the United States. Title agents are effectively paralegals (and sometimes lawyers) who conduct searches on title and arrangement for title insurance. Essentially, they are full service conveyancers.

The more startling issue that was raised was how the Canadian public perceives their lawyers. Approximately 90% of people saw their lawyers as "paper pushers" who were simply a conduit for arranging paperwork for their real estate closings.

I disagree with the practice of "paper pushing". The role of the lawyer in real estate transactions, corporate matters and wills and estates is really to act as an adviser and handle paperwork related to the legal issues surrounding the matter at hand. Unfortunately, many "discount" lawyers are guilty of being "paper pushers" in that they don't spend the time to really go through everything with their clients and instead send their staff to tell the clients where to sign.

Unless the client instructs otherwise, I go through Agreements and other documents for clients before I am retained to give them some guidelines. Many clients have told me that it has made their first purchase a much easier process.

Personally, I believe that lawyers who engage in "paper pushing" are doing a great disservice not only to their clients, but also to the profession. There is little difference between a lawyer who simply acts as a conduit for title insurance and a doctor who prescribes drugs to anybody who simply asks for it. As a sole practioner, I recognize that lawyers are in business to make money, but one should not diminish his or her role simply for the pursuit of money.

I think I'll end on this statement: Many drug dealers make more money than a lot of doctors. That doesn't make it right and that doesn't mean you should go to them.

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