Co-operation in conduct of custodianship
6-1 A lawyer who is the subject of a custodianship order made under Part 6 of the Act must
(a) co-operate with the custodian in the conduct of the custodianship, and
(b) deliver to the custodian property, documents and information that may be reasonably necessary to facilitate the conduct of the custodianship.
Report of possible claim
6-2 Unless the lawyer has already done so, a custodian must report the following in writing to the Executive Director:
(a) any act or omission caused by the lawyer of which the custodian becomes aware that may render the lawyer, in the lawyer’s professional capacity, liable to a client or other person;
(b) any circumstance that the custodian could reasonably expect to be the basis of a claim or suit against the lawyer.
Acting for lawyer’s clients
6-3 The custodian of a lawyer’s practice must not, until discharged as custodian, act for a client of the lawyer on any matter that the lawyer had acted on.
Acquiring lawyer’s practice
6-4 A person who has at any time acted as custodian of a lawyer’s practice must not bid on or acquire the lawyer’s practice.
Notice of custodianship order
6-5 When a custodianship order is made, the Executive Director may publish to the profession and the public generally, in a form that appears appropriate to the Executive Director, the following information:
(a) the name of the lawyer who is the subject of a custodianship order;
(b) the name and contact information of the custodian;
(c) the reasons for the custodianship order.
- 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
- Part 4 – Discipline
- Part 5 – Tribunal, Hearings and Appeals
- Part 6 – Custodianships
- Part 8 – Lawyers’ Fees
- Part 9 – Incorporation and Limited Liability Partnerships
- Part 10 – General
- Schedule 1 – Law Society Fees and Assessments
- Schedule 2 – Prorated Fees and Assessments for Practising Lawyers
- Schedule 3 – Prorated Fees for Non-Practising and Retired Members
- Schedule 4 – Tariff for Hearing and Review Costs
- Schedule 5 – Form of Summons
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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