3. Structure your own law firm
Under the Law Society Act and its by-laws, you are able to set up your practice as a sole proprietorship, general partnership, limited liability partnership or a professional corporation.
A sole proprietor or sole practitioner owns and runs their business alone. This is the simplest structure for a law practice and may be the least costly as there aren’t many formal business registrations required.
A general partnership is made of two or more persons. Limited liability partnerships (LLP) are a specific type of partnership that protects the personal assets of the individual partners for purposes of professional liability. Your pick of partnership structure will determine the business registration and regulatory requirements that you must meet. A partnership, either general or LLP, may be appropriate for you if you wish to practise law with another lawyer or lawyers and are not in an employee-employer relationship.
Professional corporations are a type of corporation whose business is limited to providing professional services. When a legal practice is incorporated, the resulting corporation is a separate legal entity. The shareholder(s) of this entity must also be its director(s), and must be licensed by the Law Society of Ontario.
Practising law through a professional corporation does not limit your professional liability but this business structure may offer tax deferral benefits. Such corporations are typically best suited to smaller firms since the tax savings must be shared among all shareholders in the corporation. Having several owners in a PC, or several PCs in a firm, severely diminishes potential tax savings.