About the Law Society
Licensing & Membership
Regulation & Insurance
Practice Support
Publications & Forms
Public
Media

 
Last revised: June 2010

(See Highlights of amendments for a summary of changes to the Rules.)

Contents

Definitions


PART 1 – ORGANIZATION

Division 1 – Law Society

Benchers
1-1  Term of office
1-1.1  Term limits
1-1.2  Oath of office
1-2  Life Benchers
1-3  President, First Vice-President and Second Vice-President
1-4  Removal of the President or a Vice-President
1-5  Bencher ceasing to be member

Meetings
1-6  Annual general meeting
1-7  Telephone connections
1-8  Auditors
1-9  Special general meeting
1-10  Quorum
1-11  Procedure at general meeting
1-12  Bencher meetings
1-13  Majority
1-14  Notice of Bencher meeting
1-15  Procedure at Bencher meeting
1-16  Quorum for committee meetings
1-17  Procedure for committee meetings

Elections
1-18  Second Vice-President-elect
1-19  Bencher elections




Need to replace pages in your Members' Manual? See the Member's Manual page.
1-20  Regional representation by Benchers
1-21  Qualifications of candidate for Bencher
1-22  Nomination
1-23  Acclamation
1-24  Eligibility and entitlement to vote
1-25  Voter list
1-26  Voting procedure
1-26.1 Order of names on ballot determined by lot
1-27  Rejection of ballot papers
1-28  Alternative vote ballot
1-29  Scrutineers
1-30  Counting of votes
1-31  Attendance of candidate
1-32  Declaration of candidates elected
1-33  Election record and disclosure of votes received
1-34  Review by Executive Committee
1-35  Retention of documents
1-36  Bencher by-election
1-37  Referendum ballots
1-38  Appointment of Bencher to represent a district
1-39  Election of Executive Committee
1-40  Date falling on Saturday, Sunday or other holiday
1-41  Interruption of postal service
1-42  Extension of dates

General
1-43  Seal
1-44  Laying of information
1-45  Freedom of Information and Protection of Privacy Act
1-46  Appointment of Law Society counsel

Division 2 – Committees
1-47  Committees of the Benchers
1-48  Executive Committee
1-49  Powers and duties

Division 3 – Law Society Rules
1-50  Act, Rules and Handbook


PART 2 – MEMBERSHIP AND AUTHORITY TO PRACTISE LAW

Division 1 – Practice of Law

Members
2-1  Categories of membership
2-2  Member in good standing
2-3  Non-practising members
2-4  Retired members
2-4.1  Release from undertaking
2-5  Certificates and permits

Member information
2-6  Annual practice declaration
2-7  Definition
2-8  Business address
2-9  Residential address
2-9.1  Practice history

Unauthorized practice
2-10  Unauthorized practice of law

Inter-jurisdictional practice
2-10.1  Definitions
2-10.2  Inter-jurisdictional practice without a permit
2-10.21  Disqualifications
2-10.3  Federal jurisdiction
2-11  Inter-jurisdictional practice permit
2-12  Consideration of an application for inter-jurisdictional practice permit
2-13  Non-practising and retired members
2-14  Expiry and renewal of inter-jurisdictional practice permit
2-14.1  Responsibilities of visiting lawyer
2-15  Enforcement
2-16  Trust funds and compensation fund
2-17  Dispute resolution
2-17.1  National Registry of Practising Lawyers

Practitioners of foreign law
2-18  Practitioners of foreign law
2-19  Restrictions and limitations
2-20  Dual qualification
2-21  Marketing legal services by practitioners of foreign law
2-22  Renewal of permit

Canadian legal advisor [Canadian legal advisor rules are effective July 1, 2010]
2-22.1  Scope of practice
2-22.2  Requirements

Non-resident partners
2-23  Inter-jurisdictional law firms

Multi-disciplinary practice [MDP rules are effective July 1, 2010]
2-23.1  Definition and application
2-23.2  Conditions for multi-disciplinary practice
2-23.3  Application to practise law in multi-disciplinary practice
2-23.4  Consideration of application to engage in multi-disciplinary practice
2-23.5  Changes in MDP
2-23.6  Cancellation of permission to practise law in an MDP
2-23.7  Lawyer's professional duties
2-23.8  Privilege and confidentiality
2-23.9  Conflicts of interest
2-23.10  Liability insurance
2-23.11  Trust funds
2-23.12  Notifying the Law Society

Division 2 – Admission and Reinstatement

Credentials Committee
2-24  Credentials Committee
2-25  Referral to Credentials Committee
2-26  Powers of Credentials Committee

Application for enrolment, admission or reinstatement
2-26.1  Disclosure of information

Admission program
2-27  Enrolment in the admission program
2-28  Re-enrolment
2-29  Consideration of application for enrolment
2-30  Principals
2-31  Hiring articled students
2-32  Articling term
2-32.1  Mid-term report
2-33  Part-time articles
2-34  Law clerks
2-35  [rescinded – see Rule 2-48.1]
2-36  Articles in another Canadian jurisdiction
2-37  Practice experience in a common law jurisdiction outside Canada
2-38  Secondment of articles
2-39  Assignment of articles
2-40  Other employment
2-41  Leave during articles
2-42  Temporary articles
2-43  Court and tribunal appearances by articled students
2-44  Training course
2-44.1  Tutorial program
2-45  Review by Credentials Committee
2-46  Termination of enrolment

Call and admission
2-47  Call and admission
2-48  First call and admission
2-48.1  Law school faculty
2-49  Transfer from another Canadian jurisdiction
2-49.1  In-house counsel
2-49.2  Transfer under National Mobility Agreement and Territorial Mobility Agreement
2-49.3  Transfer as Canadian legal advisor
2-50  Consideration of application for call and admission
2-51  Barristers and solicitors' roll and oath

Reinstatement
2-52  Reinstatement of a former lawyer
2-53  Subsequent application for reinstatement
2-54  Reinstatement of former judge or master

Returning to practice
2-55  Definitions
2-56  [rescinded]
2-57  Returning to the practice of law after an absence
2-58  Qualification examination fee
2-59  Conditions on returning to the practice of law
2-60  [rescinded]

Credentials hearings
2-61  Notice to applicant
2-62  Security for costs
2-63  Law Society counsel
2-63.1  Pre-hearing conference
2-64  Appointment of panel
2-65  Adjournment of hearing
2-66  Attendance at the hearing
2-67  Onus and burden of proof
2-68  Procedure
2-69  Variation or removal of conditions or limitations
2-69.1  Publication of credentials decision
2-69.2  Anonymous publication

Division 3 – Fees and Assessments
2-70  Annual practising fees
2-71  Assessments
2-72  Late payment
2-72.1  Application and definition
2-72.2  Trust administration fee
2-72.3  Late payment of trust administration fee
2-72.4  Executive Director's discretion
2-72.5  Referral to Executive Committee
2-73  Taxes payable
2-74  Refund when lawyer does not practise law
2-75  Refund on exemption during practice year
2-76  [rescinded]
2-77  Failure to pay fine, costs or penalty
2-78  No refund on suspension


PART 3 – PROTECTION OF THE PUBLIC

Division 1 – Complaints
3-1  Application
3-2  Complaints
3-3  Confidentiality of complaints
3-4  Consideration of complaints and other information
3-5  Investigation of complaints
3-6  Action after investigation
3-7  Notifying the parties
3-7.1  Extraordinary action to protect public
3-8  Appointment of Complainants' Review Committee
3-9  Review by Complainants' Review Committee

Division 2 – Practice Standards
3-10  Practice Standards Committee
3-11  Objectives
3-12  Consideration of complaints
3-13  Practice review
3-14  Action by the Practice Standards Committee
3-14.1  Conditions or limitations on practice
3-15  Remedial program
3-16  Confidentiality of Practice Standards Committee deliberations
3-17  Report to complainant
3-18  Costs

Division 2.1 – Education
3-18.1  Definitions
3-18.11  Application
3-18.2  Small Firm Course
3-18.3  Professional development
3-18.31  Mentoring
3-18.4  Late Completion of Professional Development
3-18.5  Failure to Complete Professional Development

Division 3 – Specialization and Restricted Practice
3-19  Advertising
3-20  Family law mediation

Division 4 – Professional Liability Insurance
3-21  Compulsory liability insurance
3-22  Annual insurance fee
3-23  Payment of annual insurance fee by instalments
3-24  Insurance fee credit
3-25  Exemption from liability insurance
3-26  Deductible, surcharge and reimbursement
3-27  Application for insurance coverage
3-27.1  Confidentiality of insurance claims

Division 5 – Special Compensation Fund
3-28  Definitions and interpretation
3-29  Special Compensation Fund Committee
3-30  Claim for compensation
3-31  Investigation of claim
3-32  Committee decision
3-33  Limit on payments from the Fund
3-34  Subcommittees
3-35  Oral hearings
3-36  Public hearing
3-37  Transcript
3-38  Evidence and submissions
3-39  Disclosure of decisions
3-40  Review of Special Compensation Fund Committee decisions by the Benchers [rescinded 03/05]
3-41  Payment of claims
3-42  Recovery of payment made

Division 6 – Financial Responsibility
3-43  Application
3-43.1  Standards of financial responsibility
3-44  Failure to satisfy judgment
3-45  Insolvent lawyer
3-46  Consideration by Discipline Committee

Division 7 – Trust Accounts and Other Client Property
3-47  Definitions
3-48  Personal responsibility
3-49  Designated savings institutions
3-50  Removal of designation
3-51  Deposit of trust funds
3-51.1  Cash transactions
3-52  Pooled trust account
3-53  Separate trust account
3-54  Cheque endorsed over
3-55  Trust account balance
3-56  Withdrawal from trust
3-57  Payment of fees from trust
3-58  Withdrawal from separate trust account
3-59  Accounting records
3-60  Trust account records
3-61  General account records
3-61.1  Records of cash transactions
3-62  Billing records
3-63  Recording transactions
3-64  [rescinded]
3-65  Monthly trust reconciliation
3-66  Trust shortage
3-67  [rescinded]
3-68  Retention and security of records
3-69  Executive Director's modification
3-70  Annual CDIC report
3-71  Lawyer's right to claim funds
3-72  Trust report
3-73  [rescinded]
3-74  Late filing of trust report
3-74.1  Failure to file trust report
3-75  Report of accountant when required
3-76  [rescinded]
3-77  Exceptions and qualifications
3-78  Former lawyers
3-79  Compliance audit of books, records and accounts
3-79.1 Failure to produce records on compliance audit
3-80  Disposition of files, trust money and other documents and valuables

Division 8 – Unclaimed Trust Money
3-81  Definition
3-82  Payment of unclaimed trust funds to the Society
3-83  Investigation of claims
3-84  Adjudication of claims
3-85  Calculation of interest
3-86  Efforts to locate the owner of funds
3-87  Payment to the Law Foundation

Division 9 – Real Estate Practice
3-88  Definitions
3-89  Report of failure to cancel mortgage

Division 10 – Criminal charges
3-90  Reporting criminal charges

Division 11 – Client Identification and Verification
3-91  Definitions
3-92  Application
3-93  Client identification
3-94  Exemptions
3-95  Verification
3-96  Identifying directors, shareholders, owners
3-97  Client identification and verification in non-face-to-face transactions
3-98  Timing of verification for individuals
3-99  Timing of verification for organizations
3-100  Record keeping and retention
3-101  Existing matters
3-102  Criminal activity


PART 4 – DISCIPLINE

4-1  Interpretation and application
4-2  Discipline Committee
4-3  Consideration of complaints by Committee
4-4  Action on complaints
4-4.1  Consideration of complaints by Chair
4-5  Notification
4-6  Confidentiality of Discipline Committee deliberations
4-6.1  Conduct letter from the Chair
4-6.2  Conduct meeting
4-7  Conduct Review Subcommittee
4-8  Conduct review meeting
4-9  Conduct Review Subcommittee report
4-10  Privilege and confidentiality
4-11  Publication and disclosure
4-12  Evidence of conduct review at the hearing of a citation
4-13  Direction to issue or rescind citation
4-14  Contents of citation
4-15  Service of citation
4-16  Disclosure of citation
4-17  Interim suspension, practice conditions or medical examination
4-18  Notification of respondent
4-18.1  Disclosure
4-19  Review of interim suspension, practice conditions or medical examination
4-20  Appointment of discipline counsel
4-21  Conditional admissions
4-22  Consent to disciplinary action
4-23  Rejection of admissions
4-24  Setting a date for the hearing
4-24.1  Summary hearing
4-25  Demand for disclosure of evidence
4-26  Application for details of the circumstances
4-27  Pre-hearing conference
4-28  Appointment of panel
4-29  Adjournment
4-30  Preliminary procedures
4-31  Citation
4-32  Evidence at the hearing
4-33  Communication with Ombudsperson
4-34  Submissions and verdict
4-35  Penalty
4-36  Discipline proceedings involving members of other governing bodies
4-36.1  Discipline involving lawyers practising in other jurisdictions
4-37  Public notice of suspension or disbarment
4-38  Publication of disciplinary action
4-38.1  Anonymous publication
4-38.2  Disclosure of practice restrictions
4-39  Disbarment
4-40  Conviction
4-41  Notice
4-42  Summary procedure
4-43  Investigation of books and accounts


PART 5 – HEARINGS AND APPEALS

5-1  Application of Part
5-2  Hearing panels
5-3  Disqualification
5-4  Powers of hearing panels
5-5  Procedure
5-6  Public hearing
5-7  Transcript and exhibits
5-8  Decision
5-9  Costs of hearings
5-10  Time to pay a fine or costs, or to fulfil a practice condition
5-11  Recovery of money owed to the Society

Reviews and appeals
5-12  Review by Benchers
5-13  Initiating a review
5-14  Stay of order pending review
5-15  Notice of review
5-16  Record of credentials hearing
5-17  Record of discipline hearing
5-18  Pre-review conference
5-19  Adjournment
5-20  Decision on review
5-21  Inactive reviews


PART 6 – CUSTODIANSHIPS

6-1  Cooperation in conduct of custodianship
6-2  Report of possible claim
6-3  Acting for lawyer's clients
6-4  Acquiring lawyer's practice
6-5  Notice of custodianship order


PART 7 – LAW FOUNDATION

[no rules]


PART 8 – LAWYERS' FEES

8-1  Reasonable remuneration
8-2  Maximum remuneration in personal injury actions
8-3  Form and content of contingent fee agreements
8-4  Statement of Rules in contingent fee agreements


PART 9 – INCORPORATION AND LIMITED LIABILITY PARTNERSHIPS

Division 1 – Law Corporations
9-1  Corporate name
9-2  Corporate name certificate
9-3  Review of Executive Director's decision
9-4  Law corporation permit
9-5  Issuance of permit
9-6  Change of corporate name
9-7  Public disclosure of corporate status
9-8  Corporate information
9-9  Disclosure of corporate information
9-10  Notice of change in corporate information
9-11  Revocation of permits

Division 2 – Limited Liability Partnerships
9-12 Definition and application
9-13 Practice through a Limited Liability Partnership
9-14 LLP name
9-15 Notice of application for registration
9-16 Review of Executive Director's decision
9-17 Disclosure of LLP status
9-18 Change in LLP information and annual reports
9-19 Disclosure of LLP information
9-20 Notification of non-compliance


PART 10 – GENERAL

10-1  Service and notice
10-2  Duty not to disclose
10-3  Legal Services Society audit


SCHEDULES
– LAW SOCIETY FEES AND ASSESSMENTS

Schedule 1 – 2010 Law Society Fees and Assessments
Schedule 2 – 2010 Prorated Fees and Special Assessments for Practising Members
Schedule 3 – 2010 Prorated Fees for Non-Practising and Retired Members
   


TABLES OF CONCORDANCE

Former Law Society Rules  >  Current Law Society Rules
Current Law Society Rules  >  Former Law Society Rules

Home
Search
Lawyer Lookup
What's New
Calendar
Legal Links
Feedback
 

Contact Us | Site Map | Links | Feedback | Terms of Use

© 1998-2010 The Law Society of British Columbia