[Table of Contents] [Table of Concordance, former Rules > current Rules]

 

These Law Society Rules no longer in effect

These Law Society Rules were in effect until June 30, 2015, and are archived here for reference.

The revised and consolidated Law Society Rules 2015 came into effect on July 1, 2015. Download a PDF of the concordance between the new and old rules.

Table of Concordance (current Rules > former Rules)

The "Former Law Society Rules" refers to those Rules adopted effective June 1, 1988 and as amended at December 30, 1998. The "Current Law Society Rules" refers to those adopted effective December 31, 1998.

 

Current Law Society Rules

Former Law Society Rules
and Legal Profession Act, R.S.B.C. 1996

1 Definitions RR.1,79,102,130,
300,405(1),410,430,
510(1),800,1000
     
PART 1 ORGANIZATION  
Division 1 Law Society  
  Benchers  
1-1 Term of office s.13(2)
1-2 Life Benchers s.8
1-3 President, First Vice-President and Second Vice-President s.9
1-4 Removal of the President or a Vice-President s.10, R.60
1-5 Bencher ceasing to be member s.16
  Meetings  
1-6 Annual general meeting s.18, RR.80,84
1-7 Telephone connections RR.86,90
1-8 Auditors ss.19,101
1-9 Special general meeting s.20,R.81
1-10 Quorum s.21
1-11 Procedure at general meeting R.82
1-12 Bencher meetings s.23, R.90
1-13 Majority s.100
1-14 Notice of Bencher meeting R.91
1-15 Procedure at Bencher meeting R.92
1-16 Quorum for Committee meetings R.93
1-17 Procedure for committee meetings R.94
  Elections  
1-18 Second Vice-President-elect R.50
1-19 Bencher elections ss.13,15, R.27
1-20 Regional representation by Benchers s.12, R.35
1-21 Qualifications of candidate for Bencher R.10,11
1-22 Nomination R.12
1-23 Acclamation R.13
1-24 Eligibility and entitlement to vote RR.14,16
1-25 Voter list RR.14,15
1-26 Voting procedure R.17
1-27 Rejection of ballot papers R.18
1-28 Alternative vote ballot R.19
1-29 Scrutineers R.20
1-30 Counting of votes R.21
1-31 Attendance of candidate R.23
1-32 Declaration of candidates elected R.22
1-33 Election record and disclosure of votes received R.24
1-34 Review by Executive Committee R.25
1-35 Retention of documents R.26
1-36 Bencher-by-election s.15, R.27
1-37 Referendum ballots new
1-38 Appointment of Bencher to represent a district ss.12(2),15,17, R.28
1-39 Election of Executive Committee R.55
1-40 Date falling on Saturday, Sunday or other holiday R.70
1-41 Interruption of postal service R.71
1-42 Extension of dates R.72
  General  
1-43 Seal R.2
1-44 Laying of information R.3
1-45 Freedom of Information and Protection of Privacy Act R.5
1-46 Appointment of Law Society counsel R.7
Division 2 Committees  
1-47 Committees of the Benchers s.7
1-48 Executive Committee R.120
1-49 Powers and duties R.121
Division 3 Law Society Rules  
1-50 Act, Rules and Handbook s.25(3)
     
PART 2 MEMBERSHIP AND AUTHORITY TO PRACTISE LAW  
Division 1 Practice of Law  
  Members  
2-1 Categories of membership s.2
2-2 Member in good standing s.24(2)(c)
2-3 Non-practising members RR.402,672
2-4 Retired members RR.403,672
2-5 Certificates and permits R.428
  Member information  
2-6 Annual practice declaration RR.900,901
2-7 Definition R.905
2-8 Business address R.906
2-9 Residential address R.907
  Unauthorized practice  
2-10 Unauthorized practice of law s.32
  Interprovincial practice  
2-11 Application for occasional appearance permit RR.413,740
2-12 Consideration of an application for occasional appearance permit R.414
2-13 Non-practising and retired members R.414.1
2-14 Expiry and renewal of occasional appearance permit R.415
2-15 Enforcement new
2-16 Compensation Fund new
2-17 Dispute resolution new
  Practitioners of foreign law  
2-18 Practitioners of foreign law RR.405(2) to (6),770
2-19 Restrictions and limitations R.405(7)
2-20 Dual qualification R.405(7.1)
2-21 Marketing legal services by practitioners of foreign law R.405(8)
2-22 Renewal of permit RR.405(9) to
(13),770
  Non-resident partners  
2-23 Inter-jurisdictional law firms R.890
Division 2 Admission and Reinstatement  
  Credentials Committee  
2-24 Credentials Committee s.34(1),(2), R.301
2-25 Referral to Credentials Committee R.302
2-26 Powers of Credentials Committee R.350
  Admission program  
2-27 Enrolment in the admission program RR.311,700
2-28 Re-enrolment R.311
2-29 Consideration of application for enrolment s.34(3),(4)
2-30 Principals s.27(3) to (5), R.312
2-31 Hiring articled students R.314
2-32 Articling term R.315
2-33 Part-time articles R.315.1
2-34 Law clerks R.315.2
2-35 Law school faculty R.315.3
2-36 Articles in another Canadian jurisdiction R.315.4
2-37 Practice experience in a common law jurisdiction outside Canada R.315.5
2-38 Secondment of articles R.316
2-39 Assignment of articles R.317
2-40 Other employment R.318
2-41 Leave during articles R.319
2-42 Temporary articles RR.320,701
2-43 Court and tribunal appearances by articled students R.321
2-44 Training course RR.351,702
2-45 Review by Credentials Committee RR.352,703
2-46 Termination of enrolment RR.315(2.1),325
  Call and admission  
2-47 Call and admission R.380
2-48 First call and admission RR.380,720,722,723
2-49 Transfer from another Canadian jurisdiction RR.370,710,711,721
2-50 Consideration of application for call and admission s.34(3),(5)
2-51 Barristers and solicitors' roll and oath s.28(5),(6)
  Reinstatement  
2-52 Reinstatement of a former lawyer s.34(3),(6),
RR.400,730 to 733
2-53 Subsequent application for reinstatement R.400(2)
2-54 Reinstatement of former judge or master R.400(4),(5)
  Requalification  
2-55 Application and definition R.420
2-56 Application for requalification RR.421,732,733
2-57 Requalification without examination R.422
2-58 Qualification examination RR.423,711
2-59 Conditions on requalification R.424
2-60 Fees on requalification RR.421,732,733
  Credentials hearings  
2-61 Notice to applicant R.305(1),(2)
2-62 Security for costs R.305(3) to (5)
2-63 Law Society counsel R.304
2-64 Appointment of panel s.35(1)(b)
2-65 Adjournment of hearing R.305(6) to (9)
2-66 Attendance at the hearing R.305(10)
2-67 Onus and burden of proof RR.305(13),311
2-68 Procedure R.305(14) to (17)
2-69 Variation or removal of conditions or limitations s.35(8)
Division 3 Fees and Assessments  
2-70 Annual practising fees R.670
2-71 Assessments ss.24(2)(d),30(5)
2-72 Late payment s.30(6), R. 671
2-73 Taxes payable R.665
2-74 Refund when lawyer does not practise law R.750
2-75 Refund on exemption during practice year R.751
2-76 Applicant does not intend to practise following call and admission R.752
2-77 Failure to pay fine, costs or penalty s.33(2)
2-78 No refund on suspension R.751(3)
     
PART 3 PROTECTION OF THE PUBLIC  
Division 1 Complaints  
3-1 Application R.102
3-2 Complaints R.104
3-3 Confidentiality of complaints R.110
3-4 Consideration by the Executive Director R.105
3-5 Investigation of complaints R.106
3-6 Action after investigation R.107
3-7 Notifying the parties R.108
3-8 Appointment of Complainants' Review Committee R.103
3-9 Review by Complainants' Review Committee R.109
Division 2 Practice Standards  
3-10 Practice Standards Committee s.7,38(1)
3-11 Objectives R.131
3-12 Consideration of complaints RR.132,133
3-13 Practice review RR.134,135
3-14 Action by the Practice Standards Committee R.133
3-15 Remedial program R.133
3-16 Confidentiality of Practice Standards Committee deliberations R.140
3-17 Report to complainant R.141
3-18 Costs R.145
Division 3 Specialization and Restricted Practice  
3-19 Advertising new
3-20 Family law mediation R.154
Division 4 Professional Liability Insurance  
3-21 Compulsory liability insurance s.30(3)
3-22 Annual insurance fee R.673
3-23 Payment of annual insurance fee by instalments R.674
3-24 Insurance fee credit R.676
3-25 Exemption from liability insurance R.677
3-26 Deductible and surcharge s.30(4), R.675
3-27 Application for insurance coverage R.555
Division 5 Special Compensation Fund  
3-28 Definitions and interpretation R.639
3-29 Special Compensation Fund Committee s.54(4),(6), R.639.1
3-30 Claim for compensation R.640
3-31 Investigation of claim R.641
3-32 Committee decision R.641.1
3-33 Limit on aggregate annual payments from the Fund R.641.2
3-34 Subcommittees R.642
3-35 Oral hearings R.642.1(1) to (3)
3-36 Public hearing R.642.1(4) to (6)
3-37 Transcript R.642.1(7)
3-38 Evidence and subcommittees R.642.1(9),(10)
3-39 Disclosure of decisions R.642.1(11)
3-40 Review of Special Compensation Fund Committee decisions by the Benchers R.644
3-41 Payment of claims R.645
3-42 Recovery of payment made R.646
Division 6 Financial Responsibility  
3-43 Application R.510(1)
3-44 Failure to satisfy judgment R.510(2)
3-45 Insolvent lawyer R.510(3) to (6)
3-46 Consideration of insolvent lawyer by Discipline Committee s.52, R.510(7),(8)
Division 7 Trust Accounts and Other Client Property  
3-47 Definition new
3-48 Personal responsibility RR.800.1,801
3-49 Designated savings institutions R.802
3-50 Removal of designation R.812
3-51 Deposit of trust funds R.803
3-52 Pooled trust account R.804
3-53 Separate trust account R.805
3-54 Cheque endorsed over R.822
3-55 Trust account balance R.830
3-56 Withdrawal from trust RR.834,836,837
3-57 Payment of fees from trust R.835
3-58 Withdrawal from separate trust account RR.838,839
3-59 Books and accounts RR.840,841
3-60 Trust books and accounts R.842
3-61 General books and accounts R.843
3-62 Billing records RR.825(3),842(e),
843(1)(c)
3-63 Recording transactions RR.825,844
3-64 Adding and balancing books and accounts R.845
3-65 Monthly trust reconciliation R.860
3-66 Trust shortage R.861
3-67 Inability to deliver up trust funds when due R.862
3-68 Retention period and location of records R.870
3-69 Executive Director's modification R.871
3-70 Annual CDIC report R.880
3-71 Lawyer's right to claim funds R.885
3-72 Accountant's report R.911
3-73 Exemption R.912
3-74 Late filing of accountant's report R.913
3-75 Qualifications of accountant R.914
3-76 Minimum standards R.915
3-77 Exceptions and qualifications R.916
3-78 Former lawyers R.917
3-79 Examination of books, records and accounts s.41
3-80 Disposition of files, trust money and other documents and valuables R.1120
Division 8 Unclaimed Trust Money  
3-81 Definition R.960
3-82 Payment of unclaimed trust funds to the Society R.961
3-83 Investigation of claims R.962
3-84 Adjudication of claims R.963
3-85 Calculation of interest R.964
3-86 Efforts to locate the owner of funds R.965
3-87 Payment to the Law Foundation R.966
     
PART 4 DISCIPLINE  
4-1 Interpretation and application R.431
4-2 Discipline Committee R.432
4-3 Consideration of complaints R.450
4-4 Action on complaints R.451
4-5 Notification R.454
4-6 Confidentiality of Discipline Committee deliberations R.453
4-7 Conduct Review Subcommittee R.460(1),(1.1)
4-8 Conduct review meeting R.460(2)
4-9 Conduct Review Subcommittee report R.460(3) to (8)
4-10 Privilege and confidentiality R.453
4-11 Publication new
4-12 Evidence of conduct review at the hearing of a citation R.460(9)
4-13 Direction to issue or rescind citation s.40(8),(9)
4-14 Contents of citation R.466(2)
4-15 Service of citation R.466(1)
4-16 Disclosure of citation R.467
4-17 Interim suspension, practice conditions or medical examination s.45(1), R.470
4-18 Notification of respondent RR.470,471
4-19 Review of interim suspension, practice condition or medical examination R.472
4-20 Appointment of discipline counsel R.465
4-21 Admissions R.468
4-22 Consent to disciplinary action R.469
4-23 Rejection of admissions R.470
4-24 Setting a date for the hearing R.473
4-25 Demand for disclosure of evidence R.474
4-26 Application for details of the circumstances R.476
4-27 Pre-hearing conference R.478
4-28 Appointment of panel s.43(1)(b)
4-29 Adjournment R.485(1.1) to (2)
4-30 Preliminary procedures R.485(7) to (9)
4-31 Citation R.485(10),(11)
4-32 Evidence at the hearing R.485(12),(14)
4-33 Communication with Ombudsperson R.488
4-34 Submissions and verdict R.485(16),(17)
4-35 Penalty R.485(18)
4-36 Discipline proceedings involving members of other governing bodies R.493
4-37 Public notice of suspension or disbarment R.494
4-38 Notice of disciplinary action to the profession R.495
4-39 Disbarment s.46
4-40 Conviction s.53, R.504
4-41 Notice R.505
4-42 Summary procedure R.506
4-43 Investigation of books and accounts s.40(4) to (6)
     
PART 5 HEARINGS AND APPEALS  
5-1 Application of Part new
5-2 Hearing panels s.59
5-3 Disqualification R.485(1)
5-4 Powers of hearing panels ss.35(2),43(3)
5-5 Procedure RR.137(2),(7),
485(13),(15)
5-6 Public hearing RR.305(11),
485(3) to (5)
5-7 Transcript RR.305(12),485(6)
5-8 Decision R.305(18),(19)
5-9 Costs of hearings s.60, RR.306,
490,492(2)
5-10 Time to pay a fine or costs, or to fulfil a practice condition s.60(2), R.491
5-11 Recovery of investigation or audit costs, accountant's report penalty and Special Compensation Fund payments R.492
  Reviews and Appeals  
5-12 Review by Benchers R.501
5-13 Review of credentials hearing result R.310
5-14 Review of disciplinary action s.50, R.500
     
PART 6 CUSTODIANSHIPS  
6-1 Cooperation in conduct of custodianships new
6-2 Report of possible claims new
6-3 Acting for lawyer's clients new
6-4 Acquiring lawyer's practice new
     
PART 7 LAW FOUNDATION [no rules]  
     
PART 8 LAWYERS' FEES  
8-1 Reasonable remuneration R.1050
8-2 Maximum remuneration in personal injury actions R.1055
8-3 Form and content of contingent fee agreements R.1060
8-4 Statement of Rules in contingent fee agreements R.1065
     
PART 9 INCORPORATION  
9-1 Corporate name R.1001
9-2 Corporate name certificate R.1002
9-3 Review of Executive Director's decision R.1003
9-4 Law corporation permit RR.760,1004
9-5 Issuance of permit R.1005
9-6 Change of corporate name RR.760,1007
9-7 Public disclosure of corporate status R.1008
9-8 Renewal of permit RR.760,1009
9-9 Disclosure of corporate information R.1011
9-10 Notification change in corporate information R.1012
9-11 Revocation of permits s.95(1),(2),(4),
RR.486,1010
     
PART 10 GENERAL  
10-1 Service s.99(1)
10-2 Duty not to disclose R.1100
10-3 Legal Services Society audit R.1101
     
  SCHEDULES - LAW SOCIETY FEES AND ASSESSMENTS  
Schedule 1 Law Society Fees and Assessments 1999 Part 7,K.,Schedule 1
Schedule 2 1999 Prorated Fees and Special Assessments for Practising Members Part 7,K.,Schedule 2
Schedule 3 1999 Prorated Fees and Non-Practising and Retired Members new



[Table of Contents]  [Table of Concordance, former Rules > current Rules]