1.1 Definitions
1.1-1 In this Code, unless the context indicates otherwise,
“associate” includes:
(a) a lawyer who practises law in a law firm through an employment or other contractual relationship; and
(b) a non-lawyer employee of a multi-discipline practice providing services that support or supplement the practice of law;
“client” means a person who:
(a) consults a lawyer and on whose behalf the lawyer renders or agrees to render legal services; or
(b) having consulted the lawyer, reasonably concludes that the lawyer has agreed to render legal services on his or her behalf.
Commentary
[1] A lawyer-client relationship may be established without formality.
[2] When an individual consults a lawyer in a representative capacity, the client is the corporation, partnership, organization, or other legal entity that the individual is representing;
[3] For greater clarity, a client does not include a near-client, such as an affiliated entity, director, shareholder, employee or family member, unless there is objective evidence to demonstrate that such an individual had a reasonable expectation that a lawyer-client relationship would be established.
“conflict of interest” means the existence of a substantial risk that a lawyer’s loyalty to or representation of a client would be materially and adversely affected by the lawyer’s own interest or the lawyer’s duties to another client, a former client, or a third person.
“consent” means fully informed and voluntary consent after disclosure
(a) in writing, provided that, if more than one person consents, each signs the same or a separate document recording the consent; or
(b) orally, provided that each person consenting receives a separate written communication recording the consent as soon as practicable;
“disclosure” means full and fair disclosure of all information relevant to a person’s decision (including, where applicable, those matters referred to in commentary in this Code), in sufficient time for the person to make a genuine and independent decision, and the taking of reasonable steps to ensure understanding of the matters disclosed;
“interprovincial law firm” means a law firm that carries on the practice of law in more than one province or territory of Canada;
“law firm” includes one or more lawyers practising:
(a) in a sole proprietorship;
(b) in a partnership;
(c) as a clinic under the [provincial or territorial Act governing legal aid];
(d) in a government, a Crown corporation or any other public body; or
(e) in a corporation or other organization;
“lawyer” means a member of the Society and includes a law student enrolled in the Law Society Admission Program;
“limited scope retainer” means the provision of legal services for part, but not all, of a client’s legal matter by agreement with the client;
“Society” means the Law Society of British Columbia;
“tribunal” includes a court, board, arbitrator, mediator, administrative agency or other body that resolves disputes, regardless of its function or the informality of its procedures.
["limited scope retainer" added 09/2013]
- Legal Profession Act
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- Law Society Rules
- Highlights of Amendments to the Law Society Rules
- Definitions
- Part 1 – Organization
- Part 2 – Membership and Authority to Practise Law
- Part 3 – Protection of the Public
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- Part 5 – Tribunal, Hearings and Appeals
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- Code of Professional Conduct for British Columbia (the BC Code) – annotated
- About the Code of Professional Conduct for BC
- Highlights of Amendments to the BC Code
- Introduction to the BC Code
- Chapter 1 – Interpretation and Definitions – annotated
- Chapter 2 – Standards of the Legal Profession – annotated
- Chapter 3 – Relationship to Clients – annotated
- Chapter 4 – Marketing of Legal Services – annotated
- Chapter 5 – Relationship to the Administration of Justice – annotated
- Chapter 6 – Relationship to Students, Employees, and Others – annotated
- Chapter 7 – Relationship to the Society and Other Lawyers
- Appendix A – Affidavits, Solemn Declarations and Officer Certifications – annotated
- Appendix B – Family Law Mediation, Arbitration and Parenting Coordination
- Appendix C – Real Property Transactions – annotated
- Appendix E – Supervision of Paralegals
- Annotations to Chapter 1 – Interpretation and Definitions
- Annotations to Chapter 2 – Standards of the Legal Profession
- Annotations to Chapter 3 – Relationship to Clients
- Annotations to Chapter 4 – Marketing of Legal Services
- Annotations to Chapter 5 – Relationship to the Administration of Justice
- Annotations to Chapter 6 - Relationship to Students, Employees, and Others
- Annotations to Chapter 7 – Relationship to the Society and Other Lawyers
- Annotations to Appendix A – Affidavits, Solemn Declarations and Officer Certifications
- Annotations to Appendix C – Real Property Transactions
- Member's Manual