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
TABLES OF CONCORDANCE
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