Annotations to Appendix A – Affidavits, Solemn Declarations and Officer Certifications

Annotations to paragraph 1  Affidavits and solemn declarations

Because the style of cause in an affidavit does not form part of the statement to which a deponent attests, a lawyer may swear an affidavit in relation to an adoption with a blank birth registration number in the style of cause.  [PCH]
EC December 1999, item 9

A lawyer was guilty of professional misconduct in signing an affidavit sworn before her while leaving blank the date in the jurat so that a date could be inserted later.  [PCH]
2005 LSBC 39

A lawyer was found guilty of professional misconduct when, during matrimonial proceedings, he allowed his client to swear an affidavit without attaching the exhibits and without the client reviewing the exhibits prior to swearing. The lawyer subsequently attached the exhibits and filed the affidavits.  [PCH]
[2005] LSBC 35

Allowing a client to swear an affidavit without attaching the exhibits and without the client reviewing the exhibits prior to swearing constitutes professional misconduct.  [PCH]
2004 LSBC 27

Allowing a client to sign an affidavit on an incomplete financial statement constitutes professional misconduct.  [PCH]
DCD 03-09

It is professional misconduct for a lawyer to purport to witness a signature by the wrong person.  [PCH]
DCD 01-05

A lawyer who fails to advise the court or opposing counsel of an inaccuracy discovered in an affidavit is guilty of professional misconduct.  [PCH]
DCD 99-10

It is professional misconduct to allow a client to swear a false affidavit, including affidavits that do not have the purported documents annexed.  [PCH]
DCD 99-07

It is professional misconduct to purport to witness a signature, knowing that the person signing is not the person named in the document and does not possess a power of attorney.  [PCH]
DCD 99-06

Annotations to paragraph 2  Witnessing the execution of an instrument

It is improper for a lawyer to witness a signature as an officer under s. 43 of the Land Title Act where the person signing the document appears to the lawyer through the use of live interactive videoconferencing.  [PCH]
EC March 2000, item 6 and November 30, 2000 item 2

The minimum obligations of a lawyer acting as witness to a borrower's signature under S. 43 of the Land Title Act and Appendix 1, Rule 2 of the Professional Conduct Handbook are: to identify himself or herself as a lawyer; to verify the identity of the borrower in accordance with s. 43 of the Land Title Act; and, to advise the borrower that the lawyer is not protecting the borrower's interests.  [PCH]
EC April 1996, item 10

Altering a document executed on behalf of the Crown, without authority, and registering the document in the Land Title Office constitutes professional misconduct.  [PCH]
2004 LSBC 19

[BC Code] refers to an annotation that was created during the time the BC Code was in effect (from January 1, 2013) and is not based on or does not refer to a provision of the Professional Conduct Handbook.

[PCH] refers to an annotation to the former Professional Conduct Handbook, which was in effect from May 1, 1993 to December 31, 2012. Lawyers should consider the possible differences between the Handbook and the BC Code when determining the extent to which an annotation is still relevant.

EC refers to Ethics Committee minutes. For example, the reference "EC March 2005, item 6" refers to item 6 of the Ethics Committee minutes in March 2005.

DD refers to Discipline Digest. For example, the reference "DD 04-05" refers to discipline digest number five in 2004.

DCD refers to Discipline Case Digest. For example, the reference "DCD 01-27" refers to discipline case number 27 in 2001. (Note that in 2007 Discipline Case Digests were phased out and became Discipline Digests.)

LSBC refers to Law Society hearing reports. For example, the reference "2003 LSBC 20" refers to hearing report number 20 in 2003.

For more information on the annotated BC Code, see the Introduction to the Code of Professional Conduct for BC.