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Division 1 – Practice of Law Members2-1 The following are the categories of members of the Society:
[amended effective 07/2010] 2-2 Subject to Rules 3-13(7) [Practice review] and 4-4.2(2) [Continuation of membership under investigation or disciplinary proceedings], a member of the Society is a member in good standing unless suspended under section 38(5)(d) [Discipline hearings] of the Act or under these Rules. [amended 07/2008; 03/2010; 06/2012] 2-3 (1) Any member of the Society in good standing may become a non-practising member by
(2) Non-practising members must pay the annual fee specified in Schedule 1 by the preceding November 30. [(2) amended 07/2004] 2-4 (1) A member of the Society in good standing who has done one of the following qualifies to become a retired member:
(2) A lawyer who qualifies under subrule (1) may become a retired member by
(3) Retired members must pay the annual fee specified in Schedule 1 by the preceding November 30. (4) The Benchers may, by resolution, waive payment of the annual fee by a retired member or group of retired members. [(1) and (3) amended, (4) added 07/2004] 2-4.1 (1) A retired or non-practising member may apply for release from an undertaking given under Rule 2-3 or 2-4 by delivering to the Executive Director an application in a form approved by the Credentials Committee, including written consent for the release of relevant information to the Society. (2) The Executive Director must not grant a release from undertaking under this Rule unless satisfied that the lawyer is not prohibited from practising law under Rule 2-57. [added 06/06]
2-4.2 Despite an undertaking given under Rule 2-3(1)(a) [Non-practising members] or 2-4(2)(a) [Retired members], a non-practising or retired member may (a) provide pro bono legal services, or [added 06/2012; heading and rule amended 01/2013] 2-4.3 A retired or non-practising member who has provided pro bono legal services between May 14, 2012 and June 16, 2012 is deemed not to be in breach of section 15 [Authority to practise law] nor the undertaking given under Rule 2-3(1)(a) [Non-practising members] or 2-4(2)(a) [Retired members] for that reason alone.[added 06/2012] 2-5 The Executive Director may approve the form of
[amended 11/1999; amended effective 07/2010] Member information 2-6 (1) In this Rule, "declaration" means the Annual Practice Declaration in a form approved by the Executive Committee. (2) A practising lawyer must complete and deliver a declaration to the Executive Director in each calendar year. (2.1) A declaration is not delivered under this Rule unless it is
(3) The Executive Director must not issue a practising certificate to a lawyer who fails to deliver a declaration as required under this Rule, unless the Credentials Committee directs otherwise. [(2) and (3) amended, (2.1) added 09/03] 2-7 In Rules 2-8 and 2-9, "address" includes
2-8 (1) A lawyer must advise the Executive Director of the address of all of the lawyer's places of business and inform the Executive Director immediately of a change of any of the lawyer's places of business. (2) For the purpose of this Rule, a lawyer's place of business includes the place of business and registered and records office of a law corporation of which the lawyer is a voting shareholder. [(2) added 09/03] 2-9 A lawyer who ceases to have a place of business separate from the lawyer's residence must provide the following information to the Executive Director immediately:
2-9.1 (1) In this Rule "practice history" means a record of
(2) On request by any person, the Executive Director may disclose all or part of the practice history of any member or former member of the Society. [added 10/2004] Supervision of limited number of designated paralegals 2-9.2 (1) In this Rule, “designated paralegal” means an individual permitted under section 6.1 [Supervision] of the Code of Professional Conduct to give legal advice and represent clients before a court or tribunal. (2) A lawyer must not supervise more than 2 designated paralegals at one time. [added 07/2012; (1) amended effective 01/2013] Unauthorized practice 2-10 (1) A lawyer must not knowingly facilitate by any means the practice of law by a person who is not a practising lawyer or otherwise permitted to practise law under sections 15 to 17 of the Act or Rule 2-32.2. (2) Without limiting subrule (1), a lawyer must not knowingly do any of the following:
(3) When the Society obtains a court order or an agreement restraining a person who is not a practising lawyer from the practice of law, the Executive Director may publish generally a summary of the circumstances and of the order or agreement, in a form that appears appropriate to the Executive Director. [(3) amended 02/06; (1) amended 12/2009, effective 07/2010] Definitions 2-10.1 In Rules 2-10.1 to 2-17.1, "business day" means any calendar day or part of a calendar day in which a lawyer provides legal services; "disciplinary record" includes any of the following, unless reversed on appeal or review:
"entitled to practise law" means allowed, under all of the legislation and regulation of a home jurisdiction, to engage in the practice of law in the home jurisdiction; "legal matter" includes any activity or transaction that constitutes the practice of law and any other activity or transaction ordinarily conducted by lawyers in British Columbia in the course of practising law, whether or not persons other than lawyers are legally capable of conducting it; "National Registry" means the National Registry of Practising Lawyers established under the National Mobility Agreement; "permit" means an inter-jurisdictional practice permit issued under Rule 2-11; "provide legal services" means to engage in the practice of law
and includes to provide legal services respecting federal jurisdiction in British Columbia; "resident" has the meaning respecting a province or territory that it has with respect to Canada in the Income Tax Act (Canada). [added 11/99; amended effective 07/03; amended 11/06; 12/2011]
2-10.2 (1) Subject to the other requirements of this Rule, a visiting lawyer may provide legal services without a permit
(2) A visiting lawyer must not hold himself or herself out or allow himself or herself to be held out as willing or qualified to provide legal services, except as a visiting lawyer. (3) Subject to subrule (4), to qualify to provide legal services on a temporary basis under this Rule, a visiting lawyer must at all times
(4) On application of a visiting lawyer who otherwise qualifies under subrule (3), the Executive Director may allow the visiting lawyer to provide legal services without a permit beyond the limits set in subrule (1). (4.1) On the written request of a visiting lawyer affected by a decision made by the Executive Director under subrule (4), the Executive Director must refer the matter to the Credentials Committee, and the Committee may
(5) The requirement in subrule (3)(a) does not apply to a visiting lawyer who is exempt from compulsory liability insurance under Rule 3-25 with respect to legal services to be provided in British Columbia. (6) A visiting lawyer who provides legal services without a permit must, on request,
(7) Notwithstanding Rules 2-10.1 to 2-17.1, a member of the Canadian Forces who is entitled to practise law in a home jurisdiction in which he or she is a member of the governing body
[added 11/99; amended, (4.1) added and (5) rescinded 06/01; 2-10.21 (1) A visiting lawyer who has established an economic nexus with British Columbia is not permitted to provide legal services without a permit under Rule 2-10.2. (2) For the purposes of this Rule, an economic nexus is established by actions inconsistent with a temporary basis for providing legal services, including but not limited to doing any of the following in British Columbia:
(3) A visiting lawyer who provides legal services in or from an office affiliated with the visiting lawyer's law firm in his or her home jurisdiction does not, for that reason alone, establish an economic nexus with British Columbia. (4) A visiting lawyer who becomes disqualified under this Rule must cease providing legal services forthwith, but may apply under Rule 2-49 for call and admission or under Rule 2-11 for an inter-jurisdictional practice permit. (5) On application by a visiting lawyer, the Executive Director may allow the visiting lawyer to continue to provide legal services pending consideration of an application under Rule 2-11 or 2-49. [added effective 07/03] 2-10.3 (1) As an exception to the requirements of Rule 2-10.2, a visiting lawyer who is not disqualified under Rule 2-10.21(2)(b) to (e) may appear before any of the following tribunals without a permit:
(2) Subrule (1) applies when a visiting lawyer is preparing for an appearance allowed under that subrule and otherwise furthering the matter giving rise to the appearance. [added 11/99; heading and rule amended, (2) added effective 07/03]
2-11 (1) A visiting lawyer who does not qualify to provide legal services without a permit under Rule 2-10.2 or is disqualified under Rule 2-10.21 may apply for a permit. (1.1) A permit allows a visiting lawyer to provide legal services as follows:
(2) A visiting lawyer applying under subrule (1) must deliver to the Executive Director
(3) [rescinded] (4) Paragraph (2)(b) does not apply to an application made by a visiting lawyer who is a member of a governing body in a jurisdiction in which
[amended, (3) rescinded 11/1999; amended 06/2001; (1) amended, (1.1) added effective 07/2003; (2) amended 12/2011]
2-12 (1) On receipt of an application for a permit, the Executive Director must
(2) If an application is referred to the Credentials Committee under subrule (1), the Committee must direct the Executive Director to
(3) If an application is rejected, the Credentials Committee must, at the written request of the person applying under Rule 2-11(1), give written reasons for the decision. [(1) and (2) amended 11/99]
2-13 (1) If a permit is issued under Rule 2-12 to a non-practising member or a retired member, the member is released from the undertaking given under Rule 2-3 or 2-4 only for the purpose allowed by the permit. (2) If a non-practising member or a retired member qualifies to provide legal services as a visiting lawyer without a permit under Rule 2-10.2, the member is released from the undertaking given under Rule 2-3 or 2-4 only for the purpose of providing legal services under Rule 2-10.2. [amended, (2) added 11/99; (2) amended effective 07/03]
2-14 (1) Subject to subrules (1.1), (2) and (3), a permit issued or renewed under Rule 2-12 is valid for one year from the date it was issued. (1.1) In the case of a visiting lawyer who is not entitled to practise law in the jurisdiction of a reciprocating governing body of which the visiting lawyer is a member, the permit expires on the completion of the legal matter for which the permit was granted. (2) A permit ceases to be valid if the holder of the permit
(3) Before expiry of a permit under subrule (1), the holder of the permit may apply under Rule 2-11 for its renewal. [amended 11/1999; (2) amended 06/2001; (1) amended, (1.1) added effective 07/2003]
2-14.1 (1) The Act, these Rules and the Code of Professional Conduct apply to and bind a visiting lawyer providing legal services. (2) It is the responsibility of a visiting lawyer providing legal services to
[added effective 07/2003; (1) amended effective 01/2013] 2-15 (1) On the request of a governing body that is investigating the conduct of a lawyer, former lawyer or visiting lawyer or has initiated disciplinary proceedings against a lawyer, former lawyer or visiting lawyer, the Executive Director must provide all relevant information. (1.1) When the Executive Director provides information to a governing body under subrule (1), the Executive Director may inform any person whose personal, confidential or privileged information may be included of that fact and the reasons for it. (2) A fine imposed on a lawyer or former lawyer by a governing body may be enforced under Rule 4-36(4). (3) [rescinded] (4) A lawyer who practises law in another Canadian jurisdiction must comply with the applicable legislation, regulations, rules and Code of Professional Conduct of that jurisdiction. (5) The Executive Director may require a visiting lawyer to
(6) If a visiting lawyer fails or refuses to comply with a requirement under subrule (5) within 20 days, or such longer time that the Executive Director may allow in writing,
(7) A visiting lawyer who is affected by subrule (6) may apply to the Credentials Committee for restoration of any or all rights lost under that subrule and the Committee may, in its discretion, grant the application, subject to any conditions or limitations it considers to be in the public interest. [(3) and (4) added 11/1999; (1) and (2) amended 06/2001; (3) rescinded, (5) to (7) added effective 07/2003; (1) and (2) amended, (1.1) added 10/2003; (7) amended 07/2012; (4) amended effective 01/2013]
2-16 (1) A visiting lawyer providing legal services must not maintain a trust account in British Columbia, and must
(2) The provisions of the Protocol concerning claims for compensation for misappropriation apply to a claim under Rule 3-30 involving inter-jurisdictional practice. [amended, (1) added 11/99; (1) amended 06/01; effective 07/03] 2-17 If a dispute arises with a governing body concerning any matter under the Protocol, the Credentials Committee may do one or both of the following:
2-17.1 (1) The Executive Director must provide to the National Registry the current and accurate information about practising lawyers required under the National Mobility Agreement. (2) No one may use or disclose information obtained from the National Registry except for a purpose related to enforcement of the Act and these Rules. [added effective 07/2003]
2-18 (1) A person who qualifies under section 17 of the Act may apply to the Executive Director for a permit to act as a practitioner of foreign law in British Columbia by delivering to the Executive Director
(2) The Executive Director may issue to a person applying under subrule (1) a permit to act as a practitioner of foreign law if satisfied that the person
(3) Subject to subrule (4), the Executive Director may attach conditions or limitations to a permit issued or renewed under this Rule. (4) The Executive Director may only attach under subrule (3) conditions or limitations that are authorized by the Credentials Committee. (5) A permit issued under subrule (2) is valid for one year from the issue date shown on it. (6) Despite subrule (5), a practitioner of foreign law permit ceases to be valid if the practitioner of foreign law
[(1) amended 12/2011; (3) and (4) amended 07/2012] 2-19 (1) No one may practise the law of a foreign jurisdiction or market a foreign legal practice in British Columbia without a permit issued under Rule 2-18(2). (2) A practitioner of foreign law who holds a current permit issued under Rule 2-18(2) may provide legal services in British Columbia respecting
(3) A practitioner of foreign law must not
(4) The Act, these Rules and the Code of Professional Conduct apply to and bind a practitioner of foreign law. (5) A practitioner of foreign law must notify the Executive Director promptly if he or she
[(4) amended effective 01/2013] 2-20 A lawyer, other than a retired or non-practising member, who is qualified to practise law in a foreign jurisdiction may act as a practitioner of foreign law in British Columbia without obtaining a permit, provided the lawyer holds liability insurance that
2-21 A practitioner of foreign law who is not a member of the Society must do all of the following when engaging in any marketing activity as defined in the Code of Professional Conduct, section 4.2 [Marketing]:
[amended effective 01/2013] 2-22 (1) In order to renew a practitioner of foreign law permit, a practitioner of foreign law must apply to the Executive Director for a renewal of the permit before his or her permit expires. (2) A renewal application must include
(3) The Executive Director may renew the permit of a practitioner of foreign law who has complied with the Act and these Rules. (4) Subject to subrule (5), a permit renewed under subrule (3) is valid for one year. (5) Rule 2-18(6) applies to a permit renewed under subrule (3). (6) A practitioner of foreign law who fails to pay when due the fee for renewal of a permit under subrule (2), including applicable taxes, or any part of it, must pay the late payment fee specified in Schedule 1. 2-22.1 (1) A Canadian legal advisor who is a member of the Barreau du Québec may
(1.1) A Canadian legal advisor who is a member of the Chambre des notaires du Québec may (a) give legal advice on (i) the law of Québec and matters involving the law of Québec, (ii) matters under federal jurisdiction, or (iii) matters involving public international law, or (b) where expressly permitted by federal statute or regulation (i) draw, revise or settle a document for use in a proceeding concerning matters under federal jurisdiction, or (ii) appear as counsel or advocate before any tribunal with respect to matters under federal jurisdiction. (2) A Canadian legal advisor must not engage in the practice of law except as permitted under subrule (1) or (1.1). [added effective 07/2010; amended, (1.1) added 03/2012] 2-22.2 (1) A member in good standing who is admitted as a Canadian legal advisor has all the duties and responsibilities of a practising lawyer under the Act, these Rules and the Code of Professional Conduct. (2) A Canadian legal advisor must
[added effective 07/2010; (2) amended 03/2012; (1) amended effective 01/2013]
2-23 (1) A lawyer who practises law as a member of an inter-jurisdictional law firm must ensure that the firm does the following respecting the firm's practice of law in British Columbia:
(2) An inter-jurisdictional law firm is subject to discipline under Part 4 in the same way as a law corporation, except that the penalties that a panel may impose are the following:
(3) On certification by a governing body that an inter-jurisdictional law firm has failed to pay, by the date on which it was due, a fine imposed under a provision similar to subrule (2), the Credentials Committee may make an order prohibiting lawyers from practising as members of the firm. [(3) added 11/99; (1) amended 12/03] 2-23.1 (1) In Rules 2-23.1 to 2-23.12, “legal services” means services that constitute the practice of law as defined in section 1 of the Act; “member of an MDP” means a lawyer or non-lawyer who holds an ownership interest in the MDP. (2) The responsibilities imposed under Rules 2-23.1 to 2-23.12 are not affected by the fact that a member of an MDP is carrying on the practice of a profession, trade or occupation or participating in the MDP as an employee, shareholder, officer, director or contractor of a professional corporation or on its behalf. [added 12/2009, effective 07/2010]
2-23.2 (1) A lawyer must not practise law in an MDP unless
(2) For the purposes of this Rule, a lawyer has actual control over the delivery of legal services of the MDP if, despite any partnership agreement or other contract, the lawyer is able, in all cases and without any further agreement of any member of the MDP, to
[added 12/2009, effective 07/2010; amended effective 01/2013]
2-23.3 (1) Before a lawyer may practise law as a member of an MDP that has not been granted permission under Rule 2-23.4, the lawyer must submit the following to the Executive Director:
(2) In addition to any other requirement determined by the Credentials Committee, in the form referred to in subrule (1), the lawyer must report full details of the arrangements that the lawyer has made to ensure that
(3) Any number of lawyers proposing to practise law together in an MDP may submit a joint application under this Rule. [added 12/2009, effective 07/2010; (1) amended 06/2010]
2-23.4 (1) On receipt of an application under Rule 2-23.3, the Executive Director must
(2) The Executive Director must not grant permission under subrule (1) unless the Executive Director is satisfied of the following:
(3) If the lawyer applying for permission under Rule 2-23.3 agrees, the Executive Director may impose conditions or limitations on permission granted under subrule (1). (4) Within 30 days after being notified of the decision of the Executive Director under subrule (1)(b), the lawyer may, by written notice, request a review by the Credentials Committee. (5) If an application is referred to the Credentials Committee under subrule (1)(c) or a review is requested under subrule (4), the Credentials Committee must direct the Executive Director to
(6) If an application is rejected or if conditions or limitations are imposed, the Credentials Committee must, on the written request of the lawyer applying, give written reasons for the decision. [added 12/2009, effective 07/2010; (3), (5) and (6) amended 07/2012] 2-23.5 (1) A lawyer practising in an MDP must immediately notify the Executive Director when
(2) When a new non-lawyer proposes to become a member of an MDP, the lawyer practising in the MDP must do the following at least 60 days before the proposed membership takes effect:
(3) Any number of lawyers practising law in an MDP may notify the Executive Director jointly under subrule (1) or (2). [added 12/2009, effective 07/2010, (2) amended 12/2011]
2-23.6 (1) If for any reason the Executive Director, in his or her sole discretion, is not satisfied that the lawyer is complying and will continue to comply with Rules 2-23.1 to 2-23.12, the Executive Director must cancel the permission granted under Rule 2-23.4. (2) A cancellation under subrule (1) takes effect
(3) A lawyer who is notified of a cancellation under this Rule may apply within 30 days to the Credentials Committee for a review of the Executive Director’s decision. (4) When a lawyer applies for a review under subrule (3), the Credentials Committee must consider all the information available to the Executive Director, as well as submissions from or on behalf of the lawyer applying and the Executive Director and must
(5) The lawyer applying under subrule (3) or the Executive Director may initiate a review by a review board on the record of a decision under subrule (4) by delivering to the President and the other party a notice of review. (6) Rules 5-15 and 5-17 to 5-21 apply to a review under this Rule, insofar as they are applicable and with the necessary changes. (7) A lawyer who has applied for a review under subrule (3) may apply to the President for a stay of the cancellation pending the decision of the Credentials Committee on the review. (8) The person who applies for a review under subrule (5) may apply to the President for a stay of the cancellation pending the decision of the review board. (9) When considering an application for a stay under subrule (8), the President must consider all the information available to the Executive Director, as well as submissions from or on behalf of the Executive Director and the lawyer concerned and must
(10) On an application under subrule (7) or (8), the President may designate another Bencher to make a determination under subrule (9). (11) When a lawyer’s permission to practise law in an MDP is cancelled under this Rule, the lawyer must immediately cease practising law in the MDP. [added 12/2009, effective 07/2010; (4) and (9) amended 07/2012; (5) and (8) amended 09/2012, effective 01/2013] 2-23.7 (1) Except as provided in Rules 2-23.1 to 2-23.12, the Act, these Rules and the Code of Professional Conduct apply to lawyers who practise in an MDP. (2) A lawyer practising law in the MDP must take all steps reasonable in the circumstances to ensure that the non-lawyer members of the MDP
(3) A lawyer practising in an MDP must not permit any member or employee of the MDP to direct or control the professional judgement of the lawyer or to cause the lawyer or other members of the MDP to compromise their duties under the Act, these Rules or the Code of Professional Conduct. [added 12/2009, effective 07/2010; amended effective 01/2013] 2-23.8 A lawyer practising law in an MDP must take all steps reasonable in the circumstances, including the implementation of screening measures if necessary, to ensure that no improper disclosure of privileged or confidential information is made to any person, including a person appointed by the regulatory body of another profession in relation to the practice of another member or employee of the MDP. [added 12/2009, effective 07/2010] 2-23.9 (1) A lawyer practising law in an MDP must take all steps reasonable in the circumstances to ensure that the other members of the MDP will comply with the provisions of the Act, these Rules and the Code of Professional Conduct respecting conflicts of interest as they apply to lawyers. (2) This Rule applies when the MDP has provided legal services to a client or when a potential client has sought legal services from the MDP. [added 12/2009, effective 07/2010; (1) amended effective 01/2013] 2-23.10 (1) A lawyer practising law in an MDP must ensure that every non-lawyer member of the MDP providing services directly or indirectly to the public on behalf of the MDP
(2) If a non-lawyer member of an MDP agrees in writing, in a form approved by the Executive Committee, to engage in activities on behalf of the MDP for an average of 25 hours or less per week, the applicable insurance base assessment is the part-time insurance fee specified in Schedule 1. [added 12/2009, effective 07/2010] 2-23.11 (1) A lawyer practising law in an MDP that accepts any funds in trust from any person must maintain a trust account and a trust accounting system
(2) A lawyer practising law in an MDP must ensure that all funds received by the MDP that would, if received by a lawyer, constitute trust funds, are handled through a trust account and accounting system that complies with these Rules. [added 12/2009, effective 07/2010] 2-23.12 (1) Each lawyer who practises law in an MDP must report to the Executive Director in a form approved by the Credentials Committee concerning the following:
(2) The report required under this rule must be made annually on a date determined by the Executive Director, or more frequently as determined by the Credentials Committee. [added 12/2009, effective 07/2010]
2-24 (1) For each calendar year, the President must appoint a Credentials Committee, including a chair and vice chair, both of whom must be Benchers. (2) The President may remove any person appointed under subrule (1). (3) At any time, the President may appoint a person to the Credentials Committee to replace a Committee member who resigns or otherwise ceases membership in the Committee, or to increase the number of members of the Committee. [(1) and (3) amended 06/2011]
2-25 (1) The Executive Director may refer any matter for decision under this Division to the Credentials Committee. (2) On the written request of a lawyer, former lawyer, articled student or applicant affected by a decision made by the Executive Director under this Division, the Executive Director must refer the matter to the Credentials Committee. (3) When a matter is referred to the Credentials Committee under this Rule, the Committee may make any decision open to the Executive Director under this Division and may substitute its decision for that of the Executive Director.
2-26 (1) The Credentials Committee may
(2) When the Credentials Committee is empowered to order a hearing under this Division, it may do so even though the application has been withdrawn. (3) The Credentials Committee may, with the consent of the person concerned, vary or remove practice conditions or limitations made under this Division or imposed on a review initiated under Rule 5-13(1) or (2) [Initiating a review]. [(1) amended 11/1999; 03/2003; (3) amended 09/2012, effective 01/2013]
2-26.1 (1) When an application has been made under this Division, the Executive Director may
(2) For the purpose of subrule (1)(a), the status of an application is its stage of progress in processing the application, including, but not limited to the following:
(3) Before the Executive Director sends material to a governing body under subrule (1)(b), the Executive Director must be satisfied that privacy of the applicant will be protected where possible, unless the material has been put in evidence in a public hearing. (4) With the consent of the Credentials Committee, the Executive Director may deliver to a law enforcement agency any information or documents obtained under this Division that the Committee reasonably believes may disclose evidence of an offence. (5) The Executive Director may disclose the existence and nature of a condition or limitation imposed or agreed to under this Division if the condition or limitation
(6) If the Executive Director discloses the existence of a condition or limitation under subrule (5) by means of the Society’s website, the Executive Director must remove the information from the website within a reasonable time after the condition or limitation ceases to be in force. [added 02/2004; (1) amended, (5) and (6) added 06/2005; (5) amended 12/2009; (2) amended 07/2012]
2-27 (1) An applicant for enrolment in the admission program may apply for enrolment at any time. (2) [rescinded] (3) An applicant may make an application under subrule (1) by delivering to the Executive Director the following:
(4) Each of the following constitutes academic qualification under this Rule:
(5) An official transcript of the applicant's grades at each faculty of law at which the applicant studied is proof of academic qualification under subrule (4)(a). (6) The Credentials Committee may approve academic qualifications under subrule (4)(c) if the applicant
[(1) and (3) amended, (2) rescinded 11/1999; (4) amended 09/2001; (3) amended 03/2003; 12/2011] 2-28 (1) This Rule applies to a person
(2) A person referred to in subrule (1)(a) or (b) may not apply for enrolment until the earlier of
(3) A person referred to in subrule (1)(c) may not apply for enrolment for 1 year after the later of
[amended, (3) added 03/04]
2-29 (1) The Executive Director must consider an application for enrolment by a person meeting the academic qualifications established under Rule 2-27, and may conduct or authorize any person to conduct an investigation concerning the application. (2) On an application for enrolment as an articled student, the Executive Director may
(3) When an application is referred to the Credentials Committee under subrule (2), the Committee may
[(2) and (3) amended 11/99; (1) amended 03/05] 2-30 (1) A lawyer may act as principal to no more than 2 articled students at one time. (1.1) To qualify to act as a principal, a lawyer must have
(2) In exceptional circumstances, the Credentials Committee may allow a lawyer
(3) On the recommendation of the Discipline Committee or Practice Standards Committee, or on its own motion, the Credentials Committee may inquire into a lawyer's suitability to act or to continue to act as principal to an articled student and may do any of the following:
(4) After allowing the lawyer to make submissions, the Credentials Committee may do any of the following:
(5) The onus is on the lawyer to show cause why an order should not be made under subrule (4)(b) or (c). [(1) and (2) amended 03/03, effective 05/04; (1) amended, (1.1) added 03/05; (2) amended 04/05] 2-31 (1) This Rule does not apply to temporary articles under Rule 2-42. (2) This Rule applies to all lawyers practising in a firm that maintains an office in the city of Vancouver north of False Creek and west of Carrall Street. (3) The Credentials Committee may designate an offer date in each calendar year. (4) A lawyer must not offer articles to a student of any law school who has not begun the third year of studies unless the offer is to remain open at least until the offer date designated under subrule (3). (5) As an exception to subrule (4), the Credentials Committee may allow a lawyer to withdraw an offer of articles before the offer date designated under subrule (3). 2-32 (1) Unless the articling period is changed under Rules 2-32 to 2-37, an articled student must work in the office of his or her principal for a period of not less than 9 months. (2) Unless otherwise permitted in this Division, the articling term must be continuous, except that this period may be interrupted by
(3) Any time taken for matters referred to in subrule (2) must not be included in the calculation of the articling term. (4) The articling term cannot be reduced by more than 5 months by any other Rule or the combined effect of any Rules. (5) The Credentials Committee may increase the articling term to not more than 2 years if
(6) If it would result in the articled student qualifying for call and admission within 2 years of the student's first enrolment start date, a student enrolled for a second time is entitled to credit for
(7) If an articled student is enrolled for a second or subsequent time, the Credentials Committee may grant credit for successful completion of the training course and some or all time spent in articles when the articled student was previously enrolled. [(5) amended 03/2003; (4) amended 12/2009]
2-32.01 (1) Subject to any prohibition in law, an articled student may provide all legal services that a lawyer is permitted to provide, but the student’s principal or another practising lawyer supervising the student must ensure that the student is (a) competent to provide the services offered, (b) supervised to the extent necessary in the circumstances, and (c) properly prepared before acting in any proceeding or other matter. (2) An articled student must not (a) appear as counsel without the student’s principal or another practising lawyer in attendance and directly supervising the student in the following proceedings: (i) an appeal in the Court of Appeal, the Federal Court of Appeal or the Supreme Court of Canada; (ii) a civil or criminal jury trial; (iii) a proceeding on an indictable offence, unless the offence is within the absolute jurisdiction of a provincial court judge, (b) give an undertaking unless the student’s principal or another practising lawyer supervising the student has also signed the undertaking, or (c) accept an undertaking unless the student’s principal or another practising lawyer supervising the student also accepts the undertaking. [added 05/2011, effective 09/2011] 2-32.1 (1) This Rule does not apply to
(2) Before the student has completed 60 percent of his or her articling term, the principal and the student must deliver to the Executive Director a joint report on the student's progress to date in articles in a form approved by the Credentials Committee. (3) A report under this Rule must include a plan for completing the obligations of the principal and student under the articling agreement. [added 03/2003] 2-33 (1) An applicant for enrolment may apply to complete some or all of his or her articles part-time by submitting the following to the Executive Director not less than 2 months before the enrolment start date:
(2) An articled student may apply to change his or her articles to part-time articles by submitting to the Executive Director the articling agreement referred to in subrule (1)(c). (3) The Executive Director may approve an application made under subrule (1) or (2) if
(4) The part-time equivalent of the articling period is calculated on the following basis:
(5) If the Executive Director refers an application under this Rule to the Credentials Committee, the Committee must consider the applicant's submissions and may
[(1) amended 03/2003; 12/2011] 2-34 (1) An articled student who has been employed as a law clerk for not less than 8 months may apply in writing to the Executive Director for a reduction in the articling term by an amount of time equal to 1/2 of the time served as a law clerk. (2) An articled student whose application under this Rule is accepted must article to his or her principal for a period of time and according to a schedule approved by the Executive Director. (3) An application under this Rule must be accompanied by
2-36 An articled student or applicant for enrolment who has served a period of articles in another Canadian jurisdiction immediately before or after the student's period in articles in British Columbia, may apply in writing to the Executive Director for a reduction in the articling term by an amount of time equal to the time served in articles in the other jurisdiction.
2-37 (1) An articled student or applicant for enrolment who holds professional legal qualifications obtained in a common law jurisdiction outside Canada and has been in the active practice of law in that jurisdiction for at least one full year, may apply in writing to the Executive Director for a reduction in the articling term. (2) An articling term may be reduced under this Rule by up to one month for each full year of active practice of law in another jurisdiction. 2-38 (1) A principal may permit his or her articled student to work in the office of another lawyer qualified to act as a principal, for not more than a total of 8 weeks of the student's articling period. (2) The Executive Director may permit an articled student to work in the office of a lawyer qualified to act as a principal, other than the student's principal for a period or periods exceeding 8 weeks of the student's articling period. (3) If permission is granted under subrule (2), the Executive Director may set conditions or limitations as appropriate. [(3) amended 07/2012] 2-39 (1) An articled student may apply for permission to assign his or her articles to another lawyer qualified to act as a principal by filing with the Executive Director, not later than 7 days after commencing employment at the office of the new principal,
(2) If the articled student does not apply to the Executive Director within the time specified in subrule (1), the time between the date the student left the previous principal's office and the date the student filed the application for assignment is not part of the articling period, unless the Credentials Committee directs otherwise. (3) If the previous principal does not execute one or more of the documents referred to in subrule (1), the Executive Director may dispense with the filing of those documents. (4) If the proposed principal is qualified to act as principal to an articled student, the Executive Director may approve an application under this Rule. (5) If the Executive Director refers an application under this Rule to the Credentials Committee, the Committee must consider the student's submissions, and may
(6) An application under this Rule may be approved effective on or after the date on which the articled student began employment at the office of a new principal. 2-40 During the articling period and the training course, an articled student is not permitted to accept employment from any person other than the student's principal or the person to whom the student's articles are seconded under Rule 2-38, except with the approval of the Executive Director. 2-41 (1) In the period from an articled student's enrolment start date until call and admission, the student may take a leave of absence from articles, provided
(2) Any time taken for a leave of absence under this Rule is not part of the articling period. (3) An articled student who becomes a natural or adoptive parent during or within 12 weeks before the articling period is entitled to 12 weeks or, if the student is the primary caregiver of the child, 16 weeks parental leave. (4) An articled student is entitled to 18 weeks maternity leave during the period from 11 weeks before to 17 weeks after giving birth, in addition to her entitlement under subrule (3). (5) If maternity or parental leave causes an articled student to fail to attend any part of the training course, the Credentials Committee may require the student to attend all or part of the course at a session held after the completion of the student's maternity or parental leave. (6) An articled student who takes a leave of absence under subrule (1) must notify the Executive Director in writing in advance. (7) An articled student who takes a leave of absence under subrule (3) or (4) must notify the Executive Director in writing as soon as possible. (8) On the written application of an articled student, the Executive Director may allow the student to take a leave of absence that is not otherwise authorized by this Rule, provided that the articled student will be eligible for call and admission within 2 years of his or her enrolment in the admission program. (9) On the written application of an articled student, the Credentials Committee may allow the student to take a leave of absence that is not approved by the Executive Director, including a leave that will result in the student not being eligible for call and admission within 2 years of his or her enrolment in the admission program. [(8) amended, (9) added 09/01] 2-42 (1) A person may apply for enrolment in temporary articles by filing with the Executive Director, not less than 30 days before the enrolment start date,
(2) The Executive Director may enrol the following in temporary articles:
(3) Temporary articles granted under subrule (2)(a) are void if the student ceases to be a student at a common law faculty of law in Canada. (4) The Executive Director may only grant temporary articles under Subrule (2)(a) that are subject to a definite termination date. (5) The Executive Director must not grant temporary articles under subrule (2)(b) effective more than 6 weeks before the beginning of the person's articling term. (6) The Executive Director may not grant temporary articles under subrule (2)(c) for a period exceeding 3 months. (7) Time spent in temporary articles is not part of the articling term. (8) Except as otherwise specified in these Rules, a person enrolled in temporary articles has the rights, privileges and responsibilities of an articled student. (9) The Credentials Committee may revoke temporary articles at any time for any reason without giving notice to the temporary articled student and without holding a hearing. [(2) amended 09/2001; (3) amended 03/2003; (1) amended 12/2011]
2-43 (1) Despite Rule 2-32.01 [Legal services by articled students], a person enrolled in temporary articles must not appear as counsel before a tribunal except
(2) A person enrolled in temporary articles must not do the following:
(3) A person enrolled in temporary articles under Rule 2-42(2)(c) [Temporary articles] may appear in court only on a summary conviction matter and under the direct supervision of a practising lawyer. [(1) amended 06/2010; heading, (1) and (2) amended 05/2011, effective 09/2011] 2-44 (1) The Executive Director may set the dates on which sessions of the training course will begin. (2) The Credentials Committee may direct that an articled student be given priority in selection of the training course session that the student wishes to attend if the student is or will be
(3) Before registering in the training course, an articled student or applicant must make application for enrolment under Rule 2-27(3). (4) To register in a training course session, an articled student or applicant must
(5) The Executive Director must deliver to each student who was registered in a training course session and to each student's principal, a transcript stating whether the student passed or failed the training course. (5.1) If a student fails part of the training course, the Executive Director may allow the student one further attempt to pass the examinations, assignments or assessments concerned. (6) An articled student may apply in writing to the Credentials Committee for exemption from all or a portion of the training course, and the Committee may, in its discretion, grant all or part of the exemption applied for with or without conditions, if the student has
[(4), (5) and (6) amended 03/03; (5.1) added 03/04] 2-44.1 (1) The Executive Director may establish a tutorial program to assist students participating in the training course. (2) Priority for access to tutorial assistance must be as follows:
[added 05/01; (1) amended 03/03]
2-45 (1) Subject to subrule (1.1), an articled student who has failed the training course may apply in writing to the Credentials Committee not more than 21 days after the date on which the Executive Director issued the transcript, for a review of his or her failed standing. (1.1) An articled student may not apply to the Credentials Committee under subrule (1) if the student has failed in 3 attempts to pass the training course, including any of the following:
(2) The Credentials Committee may, in its discretion, consider an application for review received after the period specified in subrule (1). (3) An articled student applying for a review under this Rule must state the following in the application:
(4) The Credentials Committee may
(5) Subject to the Act and these Rules, the Credentials Committee may determine the practice and procedure to be followed at a review under this Rule. (6) After considering the submissions made under subrules (3) and (4), the Credentials Committee may do one or more of the following:
(7) A student who is directed to do anything under subrule (6) must pay the fee for the training course, or for each examination, assignment or assessment as specified in Schedule 1. (8) The Executive Director must deliver to each student who has been required by the Credentials Committee to do anything under subrule (6), and to that student's principal, a transcript stating the student's standing and the extent to which any standards or conditions set by the Committee have been met. [(1), (4), (6) and (8) amended 03/03; (1) amended, (1.1) added 03/04; (6) amended 05/07] 2-46 (1) An articled student is no longer enrolled in the admission program if the student's articles are terminated by the principal or the student for any reason and no assignment of the student's articles is approved within 30 days. (2) The 30-day period referred to in subrule (1) does not run while the student is registered in and attending the training course. (3) A person whose enrolment has ceased under subrule (1) may apply for enrolment under Rule 2-27(3). [(4) rescinded 11/1999] Call and admission 2-47 To qualify for call and admission, an articled student must complete the following satisfactorily:
2-48 (1) An articled student who applies for call and admission must deliver the following to the Executive Director:
(2) An application under this Rule may be made at any time. (3) If an articled student fails to meet the requirements of this Rule, including the delivery of all documents specified, the Executive Director must summarily
(4) When the Credentials Committee has initiated a review under Rule 5-13 [Initiating a review] of a hearing panel's decision to enrol an articled student, the articled student is not eligible for call and admission until the review board has issued a final decision on the review or the review is withdrawn by the Credentials Committee. [(2) amended 11/1999; (4) added 05/2002; (1) amended 03/2003, 06/2012; (4) amended 09/2012, effective 01/2013] 2-48.1 (1) A full-time lecturer in a faculty of law of a university in Canada who has the academic qualifications required under Rule 2-27 may apply for call and admission without completing the admission program. (2) On an application under this Rule, the Credentials Committee may approve the application subject to the condition specified in subrule (3). (3) A lawyer called and admitted under this Rule who ceases to be a full-time lecturer in a faculty of law of a university in Canada must complete the admission program unless the Credentials Committee otherwise orders. (4) The Benchers may require a lawyer who fails to comply with subrule (3) to resign from the Society. [added 11/2009]
2-49 (1) An applicant for call and admission on transfer from another jurisdiction in Canada must deliver the following to the Executive Director:
(2) An applicant under this Rule must not be called and admitted unless the Executive Director is satisfied that the lawyer is not prohibited from practising law under Rule 2-57. (3) Unless Rule 2-49.2 applies, an applicant under this Rule must pass an examination on jurisdiction-specific substantive law, practice and procedure set by the Executive Director. (4) An applicant who does not satisfy the Executive Director that he or she has an adequate knowledge of the English language must complete satisfactorily the training required by the Credentials Committee. (5) An applicant required to write an examination under this Rule or Rule 2-57 must pass the required examination within 12 months after the Executive Director's decision to permit the applicant to write the examination. (6) At least 30 days before writing the first examination, an applicant who is required to write an examination under this Rule or Rule 2-57 must pay the fee specified for the examination in Schedule 1. (7) An applicant who fails the transfer or qualification examination
[(2) amended 11/1999; (2) and (3) amended effective 07/0203; (2), (3), (5) and (6) amended 06/2006; 2-49.1 (1) An applicant under Rule 2-49 may apply to the Credentials Committee for call and admission as in-house counsel. (2) On an application under this Rule, the Credentials Committee may exempt an applicant from the requirements to write and pass the transfer examination or the qualification examination or complete the requirement under Rule 2-49.2(3). (3) A lawyer who is called and admitted as in-house counsel must practise law in British Columbia only on behalf of the lawyer’s employer or one of its subsidiaries or affiliates. (4) On application of a lawyer called and admitted as in-house counsel, the Credentials Committee may relieve the lawyer of the restriction under subrule (3), on the lawyer
[added 11/99; (2) and (3) amended, (4) added 07/04]
2-49.2 (1) This Rule applies to an applicant for transfer from another Canadian jurisdiction, provided that the applicant is entitled to practise law in the jurisdiction of a reciprocating governing body of which the applicant is a member. (2) An applicant under this Rule must fulfil all of the requirements in Rule 2-49 for call and admission on transfer from another Canadian jurisdiction, except that he or she need not pass any transfer examination. (3) To qualify for call and admission, an applicant under this Rule must certify in a prescribed form that he or she has reviewed and understands all of the materials reasonably required by the Executive Director. (4) A lawyer called and admitted under this Rule has no greater rights as a member of the Society than
[added effective 07/03; heading amended 11/06]
2-49.3 (1) Subject to subrule (3), a member of the Barreau du Québec or of the Chambre des notaires du Québec may apply for call and admission on transfer as a Canadian legal advisor by delivering to the Executive Director the following:
(2) Subject to subrule (1), Rules 2-49 to 2-51 apply, with any necessary changes, to an application for call and admission on transfer as a Canadian legal advisor. (3) This Rule does not apply to a member of the Barreau du Québec or of the Chambre des notaires du Québec unless he or she has earned a bachelor’s degree in civil law in Canada or a foreign degree and a certificate of equivalency from the Barreau or from the Chambre, as the case may be. [added effective 07/2010; (1) amended 12/2011; (1) and (3) amended 03/2012; (1) amended 06/2012]
2-50 (1) The Executive Director must consider an application for call and admission by a person meeting the requirements under this division, and may conduct or authorize any person to conduct an investigation concerning the application. (2) On an application for call and admission, the Executive Director may
(3) When an application is referred to the Credentials Committee under subrule (2), the Committee may
2-51 (1) The Executive Director must maintain the barristers and solicitors' roll in paper or electronic form, or a combination of both. (2) Every lawyer who is called to the Bar of British Columbia and admitted as a solicitor of the Supreme Court must,
(3) The Executive Director must enter in the barristers and solicitors' roll the full names of all persons who are called as barristers and admitted as solicitors. (4) On proof that an applicant who has otherwise qualified for call and admission has taken the oath required under subrule (2)(a), the Executive Director must issue to the applicant a practising certificate, a non-practising certificate or a Canadian legal advisor certificate, as the case may be. (5) The Executive Director must not renew a practising certificate or a Canadian legal advisor certificate issued under subrule (4) unless the lawyer has been presented in open court as required under subrule (2)(b). (6) As an exception to subrule (5), the Executive Director may renew a certficate issued under subrule (2)(b) within four months of its expiry date. [(1) and (2) amended, (4) to (6) added 11/1999; (4) and (5) amended effective 07/2010]
2-52 (1) A former lawyer may apply for reinstatement as a member of the Society by delivering the following to the Executive Director:
(2) An applicant for reinstatement may apply for the following status on reinstatement:
(2.1) On an application under subrule (2)(c), the Credentials Committee may waive payment of all or part of the application fee on any conditions that the Committee considers appropriate. (3) On reinstatement, an applicant under subrule (2)(a) may be issued a practising certificate on payment of the following:
(4) On reinstatement, an applicant under subrule (2)(b) or (c) may be issued a non-practising or retired member certificate on payment of the appropriate prorated fee specified in Schedule 3. (5) Subject to subrule (5.1), the Executive Director must consider an application for reinstatement of a former lawyer and may conduct or authorize any person to conduct an investigation concerning the application. (5.1) The Executive Director must not consider the application of a former lawyer for reinstatement unless the former lawyer has
(6) If an applicant for reinstatement is a disbarred lawyer, the Executive Director must refer the application to the Credentials Committee. (7) On any application for reinstatement to which subrules (5.1) and (6) do not apply, the Executive Director may
(8) Subject to subrule (9), when an application for reinstatement is referred to the Credentials Committee under subrule (7), the Committee may
(9) The Credentials Committee must order a hearing in the following circumstances:
(10) An applicant for reinstatement must give written notice of the application to those persons that the Executive Director may direct, and the persons notified may appear in person or by counsel at the hearing and be heard on the application. (11) If a disbarred lawyer is reinstated after a hearing, the Executive Director must publish and circulate to the profession a summary of the circumstances and the panel's reasons for the reinstatement. [(5) and (7) amended, (5.1) added effective 08/2003; (5.1) amended 12/2003; (2.1) added 07/2004;
2-53 A person whose application for reinstatement is rejected under section 22(3) of the Act may not make a new application for reinstatement until the earlier of the following:
[amended 09/2012, effective 01/2013]
2-54 (1) Subject to subrules (2) and (3) a reinstated lawyer who was a judge or a master must restrict his or her practice of law as follows:
(2) The Credentials Committee may impose conditions or limitations respecting the practice of a former judge when giving approval for that lawyer to appear as counsel under subrule (1)(a). (3) The Credentials Committee may at any time relieve a lawyer of a practice restriction referred to in subrule (1) and may impose conditions or limitations respecting the practice of the lawyer concerned. (4) A lawyer who has served as a judge or master in any court must not use any judicial title or otherwise allude to the lawyer’s former status in any marketing activity. (5) Subrule (4) does not preclude a lawyer who has served as a judge or master from referring to the lawyer’s former status in
(6) For the purpose of this rule, it is not the promotion of a lawyer’s practice or firm to provide, on request, a curriculum vitae or other statement of experience that refers to the lawyer’s former status as a judge or master. [(4) to (6) added 05/2009; (2) and (3) amended 07/2012]
2-55 (1) In Rules 2-55 to 2-59, unless the context indicates otherwise, “lawyer” includes a former lawyer or applicant; "relevant period” is the shortest of the following periods of time in the immediate past:
(2) For the purpose of paragraph (b) of the definition of “relevant period” in subrule (1), a lawyer is deemed to have been called and admitted as of the date that a practising certificate was issued under Rule 2-51(4). [heading and rule amended 06/2006; (1) amended 12/2011]
2-57 (1) If, for a total of 3 years or more in the relevant period, a lawyer has not engaged in the practice of law, the lawyer must not practise law without first doing one of the following:
(2) Subrule (1) applies
(3) A lawyer may apply in writing to the Committee for permission to practise law without passing the qualification examination. (4) On an application under subrule (3), the Committee may approve the application if, in its judgement
(5) Before approving an application under subrule (4), the Committee may require the lawyer to enter into a written undertaking to do any of the things set out in Rule 2-59(2)(b). [(1.1) added 11/99; (2) amended, (3) to (5) added 05/00; 2-58 A lawyer who is required to write the qualification examination under Rule 2-57(1) must pay, at least 30 days before writing the first examination, the fee specified in Schedule 1. [heading and rule amended, (1) rescinded 06/06]
2-59 (1) A lawyer or applicant who has spent a period of 7 years or more not engaged in the practice of law must not practise law without the permission of the Credentials Committee. (1.1) Subrule (1) applies
(1.2) A lawyer or applicant must apply in writing to the Committee for permission to practise law under subrule (1). (1.3) An application under subrule (1.2) may be combined with an application under Rule 2-57(3) [Returning to practice of law after an absence]. (2) As a condition of permission to practise law under subrule (1), the Credentials Committee may require one or more of the following in addition to passing the qualification examination:
(3) Despite Rule 2-26(3), the Credentials Committee may vary a condition under subrule (2)(a) without the consent of the lawyer concerned. (4) On the written application of the lawyer, the Credentials Committee may allow a variation of an undertaking given under subrule (2)(b). [heading, (1), (2) and (4) amended 06/2006; (1.1) to (1.3) added, (2) amended 11/2010]
2-61 (1) When a hearing is ordered under this Division, the Executive Director must promptly notify the applicant in writing of
(2) The Executive Director must serve the notice referred to in subrule (1)
2-62 (1) When a hearing is ordered under this Division, the Credentials Committee must set an amount to be deposited by the applicant as security for costs. (2) In setting the amount to be deposited as security for costs under this Rule, the Credentials Committee may take into account the circumstances of the matter, including but not limited to, the applicant's
(3) The amount to be deposited as security for costs cannot exceed an amount that approximates the amount that the panel may order to be paid under Rule 5-9. (4) The Credentials Committee may vary the amount set to be deposited as security for costs under this Rule on application by the applicant or counsel for the Society. (5) If the amount set for security for costs under this Rule has not been deposited with the Executive Director 15 days before the date set for a hearing, the hearing is adjourned. (6) Before the time set for depositing security for costs under subrule (5), an applicant may apply to the Credentials Committee for extension of time, and the Committee may, in its discretion, grant all or part of the extension applied for. [(5) amended, (6) added 06/2003] 2-63 The Executive Director must appoint an employee of the Society or retain another lawyer to represent the Society when
[amended 09/2012, effective 01/2013] 2-63.1 (1) The President may order a pre-hearing conference at any time before a hearing ordered under this Division commences, at the request of the applicant or counsel for the Society, or on the President's own initiative. (2) When a conference has been ordered under subrule (1), the President must
(3) Counsel for the Society, and the applicant or applicant's counsel or both, must be present at the conference. (4) Any person may participate in a conference by telephone or by any other means of communication that allows all persons participating to hear each other, and a person so participating is present under subrule (3). (5) The conference must consider
(6) The Bencher presiding at a pre-hearing conference may
[added 02/04] 2-64 When a hearing is ordered under this Division, the President must appoint a panel in accordance with Rule 5-2. 2-65 (1) Before a hearing commences, the applicant or counsel for the Society may request that the hearing be adjourned by delivering to the Executive Director a notice in writing that sets out the reasons for the request. (2) The Executive Director must promptly notify the following of a request under subrule (1) and the reasons for it:
(3) Before a hearing commences, the President must decide whether to grant the adjournment, with or without conditions, and advise the parties accordingly. (4) The President may designate another Bencher to make a determination under subrule (3). (5) After a hearing has commenced, the chair of the panel may adjourn the hearing, with or without conditions, to a specified date, time and place. [(2) amended 10/07] 2-66 Unless the chair of the panel otherwise orders, the applicant must personally attend the entire hearing. 2-67 (1) At a hearing under this Division, the onus is on the applicant to satisfy the panel on the balance of probabilities that the applicant has met the requirements of section 19(1) of the Act and this Division. (2) A panel must reject an application for enrolment if it considers that the applicant's qualifications referred to in Rule 2-27(4) are deficient. 2-68 (1) Following completion of the evidence, the panel must invite the applicant and counsel for the Society to make submissions on the issues to be decided by the panel. (2) If the circumstances of the applicant have changed so as to make the outcome of the hearing moot, the panel may do one of the following after hearing submissions on behalf of the Society and the applicant:
(3) After submissions under subrule (1), the panel must determine the facts and decide whether to
(4) The panel must prepare written reasons for its findings. (5) The Executive Director must promptly deliver a copy of the panel’s reasons prepared under subrule (4) to the applicant and counsel for the Society. [(3) to (5) added 07/2007] 2-68.1 (1) When the Credentials Committee has ordered a hearing under this Division and the applicant has taken no steps to bring the application to a hearing for one year, the application is deemed abandoned. (2) When an application is abandoned under this Rule, Law Society counsel may apply for an order that some or all of the funds paid under Rule 2-62 as security for costs be retained by the Society. (3) An application under subrule (2) is made by notifying the following: (a) the applicant; (b) the Executive Director. (4) On an application under subrule (3), the President may order that some or all of the funds deposited as security for costs be retained by the Society, and the remainder, if any, be refunded to the applicant. (5) The President may designate another Bencher to make a determination under subrule (4). [added 01/2012]
2-69 (1) A lawyer or articled student on whom conditions or limitations have been imposed by a panel under this Division may apply to the President to have them varied or removed. (2) The President must refer an application under subrule (1) to the same panel that conducted the hearing or to the Credentials Committee, as the President considers appropriate.
2-69.1 (1) Subject to Rule 2-69.2, the Executive Director may publish and circulate to the profession a summary of the circumstances and of any decision of a hearing panel on an application under this Division and the reasons given for the decision. (2) When a publication is allowed under subrule (1), the Executive Director may also publish generally
(3) When the Executive Director publishes a document under this Rule by means of the Society's website, the Executive Director must remove the publication from the part of the website for current decisions and may relocate it to an archive part of the website when 6 months have elapsed from the decision of the hearing panel. (4) This Rule must not be interpreted to permit the disclosure of any information subject to solicitor and client privilege or confidentiality. [added 02/2004] 2-69.2 (1) Except as required or allowed under this Rule, a publication under Rule (2) If the application that is the subject of the hearing is rejected, the publication must not identify the applicant unless the applicant consents in writing. (3) The panel may order that publication not identify the applicant if
(4) An applicant may apply to the panel for an order under subrule (3)
(5) The Executive Director must not publish under Rule 2-69.1 until
(6) If a panel orders that an applicant's identity not be disclosed under subrule (3), the panel must state in writing the specific reasons for that decision. (7) If, on a review of a panel decision rejecting an application, the review board approves the application, the applicant may apply to the review board under subrule (4), and subrules (3) to (6) apply as if the review board were a panel. [added 02/2004; (3) amended 07/2012; (7) amended 09/2012, effective 01/2013]
2-70 (1) The annual practising fee and insurance fee are payable in respect of each calendar year. (2) The date for payment of the annual practising fee and first insurance fee instalment is November 30 of the year preceding the year for which they are payable. [(2) amended 05/2004; (1) and (2) amended 06/2012] 2-71 (1) The Benchers may, by resolution, set a special assessment of all
(2) A resolution under subrule (1) must set a date by which the assessment must be paid. 2-71.1 On application from a person who has paid an application fee under these Rules, the Executive Director may refund all or part of the fee if, in the view of the Executive Director, it is fair to make the refund in all the circumstances, including the extent to which Society resources have been expended to process the application for which the fee was paid. [added 12/2011] 2-72 (1) A lawyer who fails to pay fees by the date required under Rule 2-70 but pays all required fees before December 31 of the year preceding the year for which they are payable, together with the late payment fee under this Rule, continues to be a member of the Society. (2) The Executive Director may extend the time for a lawyer or class of lawyers to pay fees or a special assessment and, if the lawyer pays
the lawyer is deemed to be a member of the Society in good standing and to have been in good standing during the period of time that the lawyer's fee or special assessment was unpaid. (3) A lawyer, other than a retired or non-practising member, who has failed to pay the annual practice fee in accordance with Rule 2-70, is required to pay the late payment fee for practising members specified in Schedule 1. (4) A retired member who has failed to pay the annual fee for retired members in accordance with Rule 2-4 is required to pay the late payment fee for retired members specified in Schedule 1. (5) A non-practising member who has failed to pay the annual fee for non-practising members in accordance with Rule 2-3 is required to pay the late payment fee for non-practising members specified in Schedule 1. (6) A lawyer who does not pay a special assessment by the date specified under Rule 2-71(2) or extended under subrule (2) must pay a late payment fee of 20% of the amount of the assessment. (7) When there are special circumstances, the Executive Director may, in his or her discretion, waive or reduce a late payment fee payable under this Rule. [(1), (2) and (7) amended 05/2004] 2-72.1 (1) Rules 2-72.1 to 2-72.5 apply to client matters in connection with which a lawyer receives trust funds on or after March 1, 2005. (2) In Rules 2-72.1 to 2-72.5, "client matter" means any distinct matter on which a lawyer is retained to represent or advise a client, including but not limited to the following:
[added 10/04] 2-72.2 (1) A lawyer must pay to the Society the trust administration fee specified in Schedule 1 for each client matter undertaken by the lawyer in connection with which the lawyer receives any money in trust, not including fees and retainers. (2) Only one trust administration fee is payable in respect of a single client matter in which
(3) For each quarter year ending on the last day of March, June, September or December, a lawyer must remit the following to the Society within 30 days of the end of the quarter year to which they apply:
[added 10/2004]
2-72.3 A lawyer who fails to remit the trust administration fee and report by the time required under this Rule must pay a late payment fee of 5 percent of the amount due for each month or part of a month from the date the lawyer is required to remit the fee and report under Rule 2-72.2(3) until the fee, including the late payment fee, and the report are received by the Society. [added 10/04] Executive Director’s discretion 2-72.4 The Executive Director may
[added 10/2004] Referral to Executive Committee 2-72.5 (1) The Executive Director may refer any matter for decision under Rule 2-72.4 to the Executive Committee, and the Committee may make any decision open to the Executive Director under that Rule. (2) On the written request of a lawyer affected by a decision made by the Executive Director under Rule 2-72.4, the Executive Director must refer the matter to the Executive Committee, and the Committee may
[added 10/2004] 2-73 Any fee or assessment on which any government tax is payable is not paid unless that tax is also paid.
2-74 (1) A lawyer who has paid the annual fee for a practice year but who satisfies the Executive Director that the lawyer has totally abstained from practice in British Columbia during that year through disability other than a suspension is entitled to a refund of
(2) On payment of the refund under subrule (1), the lawyer
(3) A lawyer who qualifies under Rule 2-4 to be a retired member and complies with that Rule, may elect to become a retired member rather than a non-practising member under subrule (2)(b) and receive a refund of the difference between the non-practising member fee and the retired member fee specified in Schedule 1, in addition to the refund under subrule (1). [(1) amended 06/2012]
2-75 (1) A lawyer who has paid the annual fee for a practice year and ceases to practise for any reason other than suspension or becomes exempt under Rule 3-25 during that year, is entitled to a refund of a portion of the annual insurance fee in an amount determined by the Executive Director. (2) If a lawyer becomes a non-practising or retired member during a year for which the lawyer has paid the practice fee, the Executive Director must apply a prorated portion of the practice fee, excluding any portion of the practice fee collected on behalf of the Canadian Bar Association, to the prorated non-practising or retired member fee and refund the difference, if any, to the lawyer. (3) A lawyer who ceases practising law under any of the following circumstances is entitled to a refund of the unused portion of the practice fee, excluding any portion of the practice fee collected on behalf of the Canadian Bar Association, less the administration fee specified in Schedule 1:
[(2) and (3) amended 05/04]
2-77 (1) The Executive Director must apply any money received from or on behalf of a lawyer or former lawyer to payment of the following due and owing by the lawyer or former lawyer before any fees or assessments:
(2) If a lawyer fails to pay, by the time that it is required to be paid, any of the amounts referred to in subrule (1), the Credentials Committee may suspend the lawyer until the amount is paid. (3) The Executive Director may approve the form of certificate to be filed in the Supreme Court under section 27, 38 or 46 of the Act. [amended 12/2003; (1) amended 03/2005; 07/2006; (3) added 07/2012] 2-78 A lawyer who is suspended
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