The Law Society of British Columbia is the regulatory body for the BC legal profession. The primary responsibility of the Law Society under the provincial Legal Profession Act is to protect the public interest in the administration of justice.

The Law Society of BC works to ensure that the public is well served by a legal profession that is honourable, competent and independent. The Law Society sets and enforces standards of professional conduct for lawyers in BC. The Society also brings a voice to issues affecting the justice system and the delivery of legal services.

The Benchers and governance

The Benchers are the board of governors of the Law Society. They govern the work of the Law Society in accordance with the Legal Profession Act. They establish the Law Society Rules, the Professional Conduct Handbook and board policies (including governance policies) and they oversee the implementation and administration of programs carried out by the Law Society staff.

There are 25 elected Benchers who are lawyers – chosen by other lawyers in nine regions across BC – and up to six non-lawyer (appointed) Benchers, appointed by the provincial Cabinet. Benchers serve two-year terms and can be re-elected. The senior Bencher is the President, who serves a one-year term in that position. The Attorney General of British Columbia is also a Bencher although, in practice, the Deputy Attorney General attends Bencher meetings on the Attorney's behalf.

The chief executive officer of the Law Society is the Executive Director, who directs the Law Society staff.

Profile of the profession

There are over 12,000 lawyers in BC. Eighty-five per cent are engaged in the practice of law. Of those, over 75% are in private practice, offering a wide range of legal services to the public. For a recent demographic breakdown of BC lawyers, see Member Statistics.

Professional regulation of lawyers

Admission to the profession

To qualify for admission to the legal profession in BC, a person must complete law school, which is three years of graduate study. Most law school students first have a bachelor’s degree or have done at least three years of undergraduate work.

Learning the law is primarily an academic discipline. The practice of law also requires an understanding of procedures, interpersonal skills and ethical conduct, and the Benchers have encouraged inclusion of these topics in the law school programs. For more information, see new admissions.

After receiving a law degree, a student applies to the Law Society for enrolment as an articled student for a year, which means working in a law office or legal department under the supervision of a lawyer.

As part of the articling year, a student attends the Law Society’s Professional Legal Training Course (PLTC) for 10 weeks. PLTC focuses on substantive and procedural law, practice methodology, skills training, law office management and accounting, and professional responsibility issues.

Before becoming a lawyer, the student must pass a comprehensive set of examinations and skills assessments. This ensures that only those with a clearly demonstrated level of proficiency are admitted to the practice of law.

Lawyers from other Canadian provinces may practise temporarily in BC or transfer to BC, provided they meet the qualifications. For more information, see temporary practice in BC and transfers.

The Law Society must be satisfied that all persons enrolled as articled students or admitted to the profession in BC are of good character. A lawyer’s background must be one of honesty and respect for the law.

Ethical standards

A distinguishing feature of a profession is that it sets and maintains a comprehensive code of ethical standards its members must follow.

The ethical standards for lawyers are contained in the Professional Conduct Handbook, as well as in court decisions and discipline decisions. Lawyers are committed to upholding these ethical standards. For more information, see Ethics.

Maintaining the quality of legal services

BC lawyers bring to their clients a high standard of practice and quality legal services. The Law Society encourages lawyers to maintain high standards by promoting continuing legal education, self-assessment manuals and peer review programs. When lawyers are found not to be practising competently, the Law Society may also follow through with a review of the lawyer’s practice, mentoring programs, education upgrading or counselling out of the profession when necessary.

For more information, see practice support and practice standards.

Complaints and discipline

The Law Society treats complaints about lawyer conduct or competence seriously. When the Law Society receives a complaint, the lawyer is asked to respond and the staff may make further enquiries.

Sometimes staff can resolve complaints informally by telephone. This approach is particularly helpful in reopening lines of communication between lawyers and clients.

When all the facts have been ascertained, Law Society staff may refer a complaint to the Discipline Committee or the Practice Standards Committee, or may conclude that there is no basis for pursuing the complaint. The client and lawyer are notified of the decision. In most cases, a complainant who is unhappy over a staff decision to take no further action on a complaint may appeal that decision to the Complainants' Review Committee, which is chaired by a Lay Bencher.

The Discipline Committee meets once every month to review complaints referred by the staff. It may, in serious cases, issue a citation leading to a formal disciplinary hearing, order an informal conduct review or decide to take no further action.

Three Benchers act as a panel to hear discipline citations. The Law Society and, in most cases, the lawyer are represented by counsel. Testimony is given under oath, and the hearings are open to the public. A lawyer who is dissatisfied with the decision of a discipline panel may appeal to the full Benchers or to the BC Court of Appeal.

If found guilty of professional misconduct, incompetence, conduct unbecoming a member of the profession or breach of the rules, a lawyer may be reprimanded, fined up to $20,000, suspended from practice or, for very serious misconduct, disbarred. The discipline panel may also impose conditions of practice on the lawyer. In almost every case, a summary of the case, identifying the lawyer by name, is circulated to the profession, and discipline decisions are also distributed regularly to the media.

For further information, see conduct and discipline. For more on discipline hearings and reports, see regulatory hearings.

Liability Insurance

Every BC lawyer in private practice must purchase liability insurance for negligence claims: a minimum of $1 million per occurrence and $2 million in annual aggregate. Many lawyers also purchase excess insurance. The amount purchased depends on the size of the firm and the type of practice.

The insurance program offers financial protection for lawyers if they become liable for negligence and ensures that clients receive compensation to which they are entitled.

Trust Protection Coverage / Special Compensation Fund

Since 1949, the Law Society has maintained a fund to compensate clients who suffer loss through a lawyer's misappropriation of trust funds.

Although instances of misappropriation are rare, the legal profession believes clients who lose money because of the actions of a few dishonest lawyers should not suffer financial hardship. Lawyers value the public trust and do not want to see the integrity and reputation of the profession stained by the dishonest actions of a few. It is for this reason that the Law Society provides compensation to people who lose money through a lawyer's misappropriation.

As of May 1, 2004, the Law Society responds to claims for reimbursement through Trust Protection Coverage, which forms part of the insurance carried by lawyers in private practice. Before May 1, 2004, the Law Society's Special Compensation Fund responded to these claims.

Both Trust Protection Coverage and the Special Compensation Fund are funded by payments from all practising lawyers in BC.

Unauthorized practice of law

Only lawyers are qualified to practise law. It is illegal in BC for unqualified people to take advantage of the public by holding themselves out to be lawyers or to claim that they are able to provide legal services when they are not. The Law Society is responsible for taking action to stop unauthorized practice in these cases.

For more information, see unauthorized practice.