Practice Watch

by Felicia S. Folk, Practice Advisor

The 2003 Practice Checklists

The 2003 Practice Checklists are now available on the Law Society website for you to download and adapt for your firm's needs: see Resource Library at www.lawsociety.bc.ca. If you are using hard copies of previous checklists, please be sure to bring them up to date as there are significant changes in the new version. Highlights for 2003 include the incorporation of Aboriginal issues throughout the checklists and the introduction of a human rights checklist.

Complaint withdrawal as a bargaining chip

It is improper to offer to withdraw a complaint against a lawyer as part of settlement negotiations, or to impose as a condition of settlement a requirement that a complaint to the Law Society be withdrawn. Several lawyers have been the subject of investigation and discipline hearings for such conduct.

The Benchers have said that such conduct constitutes professional misconduct and that the public must have confidence the Law Society will investigate the integrity and standards of its members, notwithstanding private settlements.