Bencher elections

Bencher elections are conducted in accordance with the Legal Profession Act, Law Society Rules 1-20 to 1-44, and the Code of Professional Conduct.

The Law Society of British Columbia is the licensing and regulatory body for the legal profession in BC. It is the object and duty of the Law Society to uphold and protect the public interest in the administration of justice by preserving and protecting the rights and freedoms of all persons; ensuring the independence, integrity, honour and competence of lawyers; establishing standards and programs for the education, professional responsibility and competence of lawyers and of applicants for call and admission; regulating the practice of law; and supporting and assisting lawyers, articled students and lawyers of other jurisdictions who are permitted to practise law in British Columbia in fulfilling their duties in the practice of law.

We serve the public interest by regulating the competence and integrity of legal service providers, promoting the rule of law and lawyer independence, and improving access to justice.

Our vision is to be a leading regulator that promotes a culture of innovation and inclusivity in responding to the challenges and opportunities in the delivery and regulation of legal services.

In accordance with Law Society Rule 1-22, to be eligible as a candidate for election as a Bencher, a member of the Society must be in good standing at the time of nomination. If a practising lawyer, the member must maintain their primary place of practice or employment within the district in which they seek to run as a candidate. If a retired or non-practising member, the individual must reside in the district in which they seek to be a candidate.

The Benchers are the Law Society’s volunteer board of governors. They govern and administer the affairs of the Law Society in accordance with the Legal Profession Act, set and enforce standards of professional responsibility for lawyers, and preside at discipline and credentials hearings.

Benchers can expect their duties to consume approximately seven or eight hours per week, four or five full days a month, or 200 hours per year. This is made up of preparation for and attendance at Bencher meetings, committee, task force or working group meetings, and sitting on hearing panels.

There are usually up to seven Bencher meetings each year. Meetings take place either in hybrid format in Vancouver with both in-person and virtual attendance, or entirely virtually via Zoom, with the exception of one meeting each year, which is held in conjunction with a weekend retreat. Bencher meetings are usually held on Fridays and generally run from 9:00 am to around midday. Benchers are expected to attend all meetings and to communicate with the Chair if they are unable to do so.

In addition to Bencher meetings, all Benchers generally serve on at least one Bencher committee, task force or working group. Most committees, task forces, and working groups meet monthly for 1.5 to 2 hours (generally the day before the Bencher meeting), either in hybrid format of entirely virtual via Zoom. For information about committees, task forces and working groups, see the Committees and Task Forces webpage.

At the first Bencher meeting after being elected as a Bencher, the Bencher must take an oath of office in the required form set out in Rule 1-3.

The Law Society of BC President can be contacted at president@lsbc.org. You may also wish to review the Bencher page of the Law Society website, which provides information about which Bencher is elected from which County or District. 

Bencher composition includes the following number of elected Benchers:

• 13 Benchers from District No. 1, the County of Vancouver;
• 2 Benchers from District No. 2, the County of Victoria;
• 1 Bencher from District No. 3, the County of Nanaimo;
• 3 Benchers from District No. 4, the County of Westminster;
• 1 Bencher from District No. 5, the County of Kootenay;
• 1 Bencher from District No. 6, Okanagan;
• 2 Benchers from District No. 7, the County of Cariboo;
• 1 Bencher from District No. 8, the County of Prince Rupert; and
• 1 Bencher from District No. 9, Kamloops.

In addition to the 25 elected Benchers, there are 6 non-lawyer Benchers known as appointed Benchers, who are appointed by the Lieutenant Governor in Council.

In accordance with Rule 1-21(2), the number of Benchers to be elected from each district must be reduced by one for each Bencher from that district who holds office as First Vice-President, Second Vice-President or Second Vice-President-elect. Under Rule 1-5(4), these individuals automatically continue as Benchers until they complete their terms as President. 

Rule 1-24 provides that, if the number of candidates nominated does not exceed the number to be elected in a district, the Executive Director must declare that those nominated are elected as Benchers for that district. Notice of any Benchers declared elected by acclamation will be provided to all members after the close of nominations on any given election.

A General Election is held for all elected Bencher positions each odd-numbered year in November in accordance with Rule 1-20(1) and Rule 1-27(0.4).

A by-election is held each even-numbered year in November in accordance with Rule 1-20(2) and 1-27(0.4).

There may also be ad hoc by-elections when Benchers cease to hold office as a Bencher, for example if a Bencher is appointed to the judiciary, or if a Bencher resigns. In these circumstances, a by-election is held in accordance with Rule 1-38.

In accordance with Law Society Rule 1-23, the nomination of a candidate for election as a Bencher is valid only if it meets the following criteria: it must be in writing, signed by at least two members of the Society in good standing who are eligible to vote in the district where the nominee seeks to stand as a candidate; the nominee must consent in writing to the nomination; and both the nomination and consent must be received by the Executive Director on or before October 15 for a regular election, or date as set by Rule 1-38(2) for by-elections when a Bencher has ceased office.

In addition, all election material and statements must comply with the Code of Professional Conduct.

Candidates may withdraw from the election by notifying Elections@lsbc.org.

 

All members of the Law Society in good standing are eligible to vote in a Bencher election.

A resident member of the Society may vote only in the district where they maintain their primary place of practice or employment, if a practising lawyer, or their place of residence, if a retired or non-practising member.

A non-resident member may vote in the district where they were last eligible to vote as a resident member, or, if that does not apply, in District No. 1 (Vancouver).

Rule 1-25(5) allows a member of the Law Society to apply to the Executive Director to be placed on the voter list for a district other than the one required by the above Rule. The Executive Director may approve the change if satisfied that the member has a significantly greater connection to the district in which they wish to vote.

If you believe you have a greater connection to the district other than your chief place of practice or employment, please contact Elections@lsbc.org.

The Law Society uses a third-party company, Simply Voting, to provide online voting services, and Bencher elections are conducted entirely electronically.

Once voting opens on the specified date for the particular election(s) an email communication will be sent to all eligible voters, which will include voting instructions, a randomly generated password, and a link to the voting site.

Candidates’ biographical summaries and election statements will be available on the Bencher election page of the Law Society website and on the Simply Voting site after the specified date for close of nominations and by the start of the specified voting start date.