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Frequently Asked Questions

Q1. What is a "legal agent"?

A. A legal agent is a private sector lawyer who is appointed by the Minister of Justice and Attorney General of Canada, for the purposes of providing legal services to federal government departments, agencies and relevant crown corporations.

Q2. How are legal agents appointed ?

A. The Government Contracts Regulations provides that contracts for the performance of legal services may be entered into only by or under the authority of the Minister of Justice and Attorney General of Canada. The Minister of Justice has the ultimate authority for appointing legal agents.

Q3. What qualifications must a private sector lawyer possess in order to be considered for appointment?

A. Competence, professionalism and merit remain the primary considerations in the selection and appointment of legal agents.

A Legal Agent is expected to uphold the highest standards of personal and professional conduct. A Legal Agent must obey the law and be in compliance with federal government policies and must act with integrity, fairness and impartiality at all times.

See Profile of a Legal Agent for a list of the qualifications a private sector counsel must possess in order to be considered for appointment as a legal agent.

Q4. How is it decided what work will be outsourced to legal agents?

A4. The decision to assign the work to an in-house counsel or outsource to a legal agent is made in consultation with the concerned government department or agency and is based on factors which include availability of staff lawyers, expertise requirements, geographical considerations, urgency, and, conflict of interest issues.

Q5. What is the Agent Affairs Program?

A5. The Agent Affairs Program was established in 1996, to provide overall functional direction over legal agents.

The Program is divided into two key components:
  • the Federal Prosecutions component, which resides with the Federal Prosecution Service (FPS) and comes under the management of the Agent Affairs Unit ; and,
  • the Civil component, which resides with the Civil Litigation Branch, and comes under the management of the Litigation Practice Management Centre.

 

Last Updated: 2005-10-20 Back to Top Important Notices