May 18th 2020
The legal industry is not known for swift change. Often this is for good – predictability in the law and in the role of lawyers allows consumers to know what to expect in their dealings. Yet the past few weeks have seen a drastic shift in the culture surrounding the delivery of legal services. Lawyers who have prioritized the adoption of innovative legal tools are best positioned to support their consumers in these challenging times. This article will set out three new ways that lawyers have been able to support their client’s legal needs while ensuring a smooth transaction. First, it will discuss identification verification. Second, it will consider the lawyer’s virtual role in real estate transactions. Last, it will consider the preparation of your Last Will and Testament remotely.
One immense change for lawyers is the ability to verify the identity of their clients remotely. Given the confidential nature of the legal industry, a lawyer is not permitted to act in most situations unless they have verified their client’s identity. Under the previous interpretation of the applicable section of the Law Society Act, verification had to occur face to face. Given the current health risks of doing so, it was a welcome change by the Law Society of Ontario to permit Ontario lawyers to use video conferencing to conduct such verification. While lawyers have been able to meet with clients virtually for some time, a lawyer can now easily assist a new client who is self-isolating for public health reasons. Moreover, a client who lives a considerable distance from their lawyer’s office (even in another province for that matter!) can now connect with their lawyer to receive legal advice 
or help in facilitating their real estate or corporate transaction. There are a few video conferencing tools that any lawyer can use, including Zoom or WhatsApp. Your lawyer will ask for a high-resolution photo of your identification document in advance of the video conference and you will have to show the original document during the video conference. Your lawyer will then be able to ensure the document is valid and will compare the document to the individual in the video conference to be satisfied it is the same person.
Now that it is possible for lawyers to verify identification remotely, it is important to discuss how your real estate transaction can be conducted remotely. You may now buy or sell your house using only video conferencing and digital tools with your lawyer. The only equipment you will need is a laptop or a smartphone. Once your lawyer has confirmed the email address that you will be using, documents can be sent to you for your digital signature. A video chat is then set up so that any documents that need to be witnessed or commissioned can be done so through video conference. Your lawyer will ensure that you understand the purpose of each document you will be signing. You will also receive your copy of the documents at the end of your appointment once all documents have been signed. Some interactions may be unavoidable, such as dropping off a bank draft to the law office or picking up your key on closing. However, these brief interactions are conducted at safe distances and in a sanitized environment, ensuring both safety and comfort in your real estate transaction.
Last, the rules surrounding the drafting of your Last Will and Testament and Powers of Attorney have become more flexible. Previously, a Will needed to be signed in the presence of two attesting witnesses who were not beneficiaries or potential beneficiaries. Now, your will can be signed in the ‘virtual presence’ of your lawyer and one other person. This means a video conference with all parties who can witness your signing of the original document. Next, the document must be sent back to your lawyer’s office for signing as witnesses, which means the involvement of a courier service, which will be coordinated by your lawyer. This change means those who are at risk or who choose to stay at home can still benefit from the protection and security afforded by these important documents, as well as the benefit of advice from their trusted legal professional.
Liddiard Law strives to maintain the highest standards of service in these challenging times and is accommodating to the unique situations of each of its clients. Contact Liddiard Law for more information today! Michael Liddiard, BA MA JD