Law Society Rules – archived

In effect until June 30, 2015

 

These Law Society Rules no longer in effect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.

 

Highlights of amendments

Definitions

PART 1 – ORGANIZATION

Division 1 – Law Society
Benchers

1-1  Term of office
1-1.1  Term limits
1-1.2  Oath of office
1-2  Life Benchers
1-3  President, First Vice-President and Second Vice-President
1-4  Removal of the President or a Vice-President
1-5  Bencher ceasing to be member

Meetings

1-6  Annual general meeting
1-7  Telephone connections
1-8  Auditors
1-9  Special general meeting
1-10  Quorum
1-11  Procedure at general meeting
1-12  Bencher meetings 
1-14  Notice of Bencher meeting
1-15  Procedure at Bencher meeting
1-16  Quorum for committee meetings
1-17  Procedure for committee meetings

Elections

1-18  Second Vice-President-elect
1-19  Bencher elections
1-20  Regional representation by Benchers
1-21  Qualifications of candidate for Bencher
1-22  Nomination
1-23  Acclamation
1-24  Eligibility and entitlement to vote
1-25  Voter list
1-26  Voting procedure
1-26.1 Order of names on ballot determined by lot
1-27  Rejection of ballot papers
1-28  Alternative vote ballot
1-29  Scrutineers
1-30  Counting of votes
1-31  Attendance of candidate
1-32  Declaration of candidates elected
1-33  Election record and disclosure of votes received
1-34  Review by Executive Committee
1-35  Retention of documents
1-36  Bencher by-election
1-37  Referendum ballots
1-38  Appointment of Bencher to represent a district
1-39  Election of Executive Committee
1-40  Date falling on Saturday, Sunday or other holiday
1-41  Interruption of postal service
1-42  Extension of dates

General

1-43  Seal
1-44  Laying of information
1-45  Freedom of Information and Protection of Privacy Act
1-46  Appointment of Law Society counsel

Division 2 – Committees

1-47  Committees of the Benchers
1-48  Executive Committee
1-49  Powers and duties

Division 3 – Law Society Rules

1-50  Act, Rules and Handbook

PART 2 – MEMBERSHIP AND AUTHORITY TO PRACTISE LAW

Division 1 – Practice of Law
Members

2-1  Categories of membership
2-2  Member in good standing
2-3  Non-practising members
2-4  Retired members
2-4.1  Release from undertaking
2-4.2  Legal services by non-practising and retired members
2-4.3  [rescinded]
2-5  Certificates and permits 

Member information

2-6  Annual practice declaration
2-7  Definition
2-8  Business address
2-9  Residential address
2-9.1  Practice history

Paralegals

2-9-2  Supervision of limited number of designated paralegals

Unauthorized practice

2-10  Unauthorized practice of law

Inter-jurisdictional practice

2-10.1  Definitions
2-10.2  Inter-jurisdictional practice without a permit
2-10.21  Disqualifications
2-10.3  Federal jurisdiction
2-11  Inter-jurisdictional practice permit
2-12  Consideration of an application for inter-jurisdictional practice permit
2-13  Non-practising and retired members
2-14  Expiry and renewal of inter-jurisdictional practice permit
2-14.1  Responsibilities of visiting lawyer
2-15  Enforcement
2-16  Trust funds and compensation fund
2-17  Dispute resolution
2-17.1  National Registry of Practising Lawyers 

Practitioners of foreign law

2-17.2  Definitions
2-18  Practitioners of foreign law
2-19  Restrictions and limitations
2-19.1  Providing foreign legal services without a permit
2-20  Dual qualification
2-21  Marketing legal services by practitioners of foreign law
2-22  Renewal of permit

Canadian legal advisor

2-22.1  Scope of practice
2-22.2  Requirements 

Non-resident partners

2-23  Inter-jurisdictional law firms 

Multi-disciplinary practice

2-23.1  Definition and application
2-23.2  Conditions for multi-disciplinary practice
2-23.3  Application to practise law in multi-disciplinary practice
2-23.4  Consideration of application to engage in multi-disciplinary practice
2-23.5  Changes in MDP
2-23.6  Cancellation of permission to practise law in an MDP
2-23.7  Lawyer's professional duties
2-23.8  Privilege and confidentiality
2-23.9  Conflicts of interest
2-23.10  Liability insurance
2-23.11  Trust funds
2-23.12  Notifying the Law Society 

Division 2 – Admission and Reinstatement
Credentials Committee

2-24  Credentials Committee
2-25  Referral to Credentials Committee
2-26  Powers of Credentials Committee 

Application for enrolment, admission or reinstatement

2-26.1  Disclosure of information 

Admission program

2-27  Enrolment in the admission program
2-28  Re-enrolment
2-29  Consideration of application for enrolment
2-30  Principals
2-31  Hiring articled students
2-32  Articling term
2-32.01  Legal services by articled students
2-32.1  Mid-term report
2-33  Part-time articles
2-34  Law clerks
2-35  [rescinded – see Rule 2-48.1]
2-36  Articles in another Canadian jurisdiction
2-37  Practice experience in a common law jurisdiction outside Canada
2-38  Secondment of articles
2-39  Assignment of articles
2-40  Other employment
2-41  Leave during articles
2-42  Temporary articles
2-43  Court and tribunal appearances by temporary articled students
2-44  Training course
2-44.1  Tutorial program
2-45  Review by Credentials Committee
2-46  Termination of enrolment 

Call and admission

2-47  Call and admission
2-48  First call and admission
2-48.1  Law school faculty
2-49  Transfer from another Canadian jurisdiction
2-49.1  In-house counsel
2-49.2  Transfer under National Mobility Agreement and Territorial Mobility Agreement
2-49.3  Transfer as Canadian legal advisor
2-50  Consideration of application for call and admission
2-51  Barristers and solicitors' roll and oath 

Reinstatement 

2-52  Reinstatement of a former lawyer
2-53  Subsequent application for reinstatement
2-54  Reinstatement of former judge or master 

Returning to practice 

2-55  Definitions
2-56  [rescinded]
2-57  Returning to the practice of law after an absence
2-58  Qualification examination fee
2-59  Conditions on returning to the practice of law
2-60  [rescinded]

Credentials hearings

2-61  Notice to applicant
2-62  Security for costs
2-63  Law Society counsel
2-63.01  Preliminary questions
2-63.02  Compelling witnesses and production of documents
2-63.1  Pre-hearing conference
2-64  Appointment of panel
2-65  Adjournment of hearing
2-66  Attendance at the hearing
2-67  Onus and burden of proof
2-68  Procedure
2-68.1  Inactive applications
2-69  [rescinded]
2-69.1  Publication of credentials decision
2-69.2  Anonymous publication 

Division 3 – Fees and Assessments 

2-70  Annual practising fees
2-71  Assessments
2-71.1  Application fees
2-72  Late payment
2-72.1  Application and definition
2-72.2  Trust administration fee
2-72.3  Late payment of trust administration fee
2-72.4  Executive Director's discretion
2-72.5  Referral to Executive Committee
2-73  Taxes payable
2-74  Refund when lawyer does not practise law
2-75  Refund on exemption during practice year
2-76  [rescinded]
2-77  Failure to pay fine, costs or penalty
2-78  No refund on suspension

PART 3 – PROTECTION OF THE PUBLIC 

Division 1 – Complaints

3-1  Application
3-2  Complaints
3-3  Confidentiality of complaints
3-4  Consideration of complaints and other information
3-5  Investigation of complaints
3-5.01  Failure to produce records on complaint investigation
3-5.1  Resolution by informal means
3-6  Action after investigation
3-7  Notifying the parties
3-7.1  Extraordinary action to protect public
3-7.2  Medical examination
3-7.3  Procedure
3-8  Appointment of Complainants' Review Committee
3-9  Review by Complainants' Review Committee

Division 2 – Practice Standards

3-10  Practice Standards Committee
3-11  Objectives
3-12  Consideration of complaints
3-13  Practice review
3-14  Action by the Practice Standards Committee
3-14.1  Conditions or limitations on practice
3-15  Remedial program
3-16  Confidentiality of Practice Standards Committee deliberations
3-17  Report to complainant
3-18  Costs

Division 2.1 – Education

3-18.1  Definitions
3-18.11  Application
3-18.2  Small Firm Course
3-18.3  Professional development
3-18.31  Mentoring
3-18.4  Late Completion of Professional Development
3-18.5  Failure to Complete Professional Development

Division 3 – Specialization and Restricted Practice

3-18.6  Definitions
3-19  Advertising
3-20  Family law mediators
3-20.1  Family law arbitrators
3-20.2  Parenting coordinators
3-20.3  Professional development for family law mediators, arbitrators and parenting coordinators

Division 4 – Professional Liability Insurance 

3-21  Compulsory liability insurance
3-22  Annual insurance fee
3-23  Payment of annual insurance fee by instalments
3-24  Insurance fee credit
3-25  Exemption from liability insurance
3-25.1  [rescinded]
3-26  Deductible, surcharge and reimbursement
3-27  Application for insurance coverage
3-27.1  Confidentiality of insurance claims


Division 5, Rules 3-28 to 3-42 [rescinded]

Division 6 – Financial Responsibility

3-43  Application
3-43.1  Standards of financial responsibility
3-44  Failure to satisfy judgment
3-45  Insolvent lawyer
3-46  Consideration by Discipline Committee

Division 7 – Trust Accounts and Other Client Property

3-47  Definitions
3-48  Personal responsibility
3-48.1  Fiduciary property
3-49  Designated savings institutions
3-50  Removal of designation
3-51  Deposit of trust funds
3-51.1  Cash transactions
3-52  Pooled trust account
3-53  Separate trust account
3-54  Cheque endorsed over
3-55  Trust account balance
3-56  Withdrawal from trust
3-57  Payment of fees from trust
3-58  Withdrawal from separate trust account
3-59  Accounting records
3-60  Trust account records
3-61  General account records
3-61.1  Records of cash transactions
3-62  Billing records
3-63  Recording transactions
3-64  [rescinded]
3-65  Monthly trust reconciliation
3-66  Trust shortage
3-67  [rescinded]
3-68  Retention of records
3-69  Executive Director's modification
3-70  Annual CDIC report
3-71  Lawyer's right to claim funds
3-72  Trust report
3-73  [rescinded]
3-74  Late filing of trust report
3-74.1  Failure to file trust report
3-75  Report of accountant when required
3-76  [rescinded]
3-77  Exceptions and qualifications
3-78  Former lawyers
3-79  Compliance audit of books, records and accounts
3-79.1 Failure to produce records on compliance audit
3-80  Disposition of files, trust money and other documents and valuables

Division 8 – Unclaimed Trust Money

3-81  Definition
3-82  Payment of unclaimed money to the Society
3-83  Investigation of claims
3-84  Adjudication of claims
3-85  Calculation of interest
3-86  Efforts to locate the owner of money
3-87  Payment to the Law Foundation

Division 9 – Real Estate Practice

3-88  Definitions
3-89  Report of failure to cancel mortgage

Division 10 – Criminal charges

3-90  Reporting criminal charges 

Division 11 – Client Identification and Verification

3-91  Definitions
3-92  Application
3-93  Client identification
3-94  Exemptions
3-95  Verification
3-96  Identifying directors, shareholders, owners
3-97  Client identification and verification in non-face-to-face transactions
3-98  Timing of verification for individuals
3-99  Timing of verification for organizations
3-100  Record keeping and retention
3-101  Existing matters
3-102  Criminal activity 

PART 4 – DISCIPLINE

4-1  Interpretation and application
4-2  Discipline Committee
4-3  Consideration of complaints by Committee
4-4  Action on complaints
4-4.1  Consideration of complaints by Chair
4-4.2  Continuation of membership under investigation or disciplinary proceedings
4-5  Notification
4-6  Confidentiality of Discipline Committee deliberations
4-6.1  Conduct letter from the Chair
4-6.2  Conduct meeting
4-7  Conduct Review Subcommittee
4-8  Conduct review meeting
4-9  Conduct Review Subcommittee report
4-10  Privilege and confidentiality
4-11  Publication and disclosure
4-12  Evidence of conduct review at the hearing of a citation
4-13  Direction to issue, expand or rescind citation
4-14  Contents of citation
4-15  Notice of citation
4-16  Disclosure of citation
4-16.1  Amending an allegation in a citation
4-16.2  Severance and joinder
4-17  Interim suspension or practice conditions
4-18  Notification of respondent
4-18.1  Disclosure
4-19  Review of interim suspension or practice conditions
4-20  Appointment of discipline counsel
4-20.1  Notice to admit
4-21  Conditional admissions
4-22  Consent to disciplinary action
4-23  Rejection of admissions
4-24  Notice of hearing
4-24.1  Summary hearing
4-25  Demand for disclosure of evidence
4-26  Application for details of the circumstances
4-26.1  Preliminary questions
4-26.2  Compelling witnesses and production of documents
4-27  Pre-hearing conference
4-28  Appointment of panel
4-29  Adjournment
4-30  Preliminary matters
4-31  [rescinded]
4-32  Evidence of respondent
4-33  Communication with Ombudsperson
4-34  Submissions and determination
4-35  Disciplinary action
4-36  Discipline proceedings involving members of other governing bodies
4-36.1  Discipline involving lawyers practising in other jurisdictions
4-37  Public notice of suspension or disbarment
4-38  Publication of disciplinary action
4-38.1  Anonymous publication
4-38.2  Disclosure of practice restrictions
4-39  Disbarment
4-40  Conviction
4-41  Notice
4-42  Summary procedure
4-43  Investigation of books and accounts 

PART 5 – HEARINGS AND APPEALS

5-1  Application of Part
5-2  Hearing panels
5-2.1  Panel member unable to continue
5-3  Disqualification
5-4  Compelling witnesses and production of documents
5-5  Procedure
5-6  Public hearing
5-7  Transcript and exhibits
5-8  Decision
5-9  Costs of hearings
5-10  Application to vary certain orders
5-10.1  Failure to pay costs or fulfill practice condition
5-11  Recovery of money owed to the Society 

Reviews and appeals

5-12  Review by review board
5-12.1  Review boards
5-12.2  Disqualification
5-12.3  Review board member unable to continue
5-13  Initiating a review
5-14  Stay of order pending review
5-15  Notice of review
5-16  Record of credentials hearing
5-17  Record of discipline hearing
5-17.1  Record of an order for costs by the Practice Standards Committee
5-18  Pre-review conference
5-19  Adjournment
5-20  Decision on review
5-21  Inactive reviews
5-22  Appeal to Court of Appeal

PART 6 – CUSTODIANSHIPS 

6-1  Cooperation in conduct of custodianship
6-2  Report of possible claim
6-3  Acting for lawyer's clients
6-4  Acquiring lawyer's practice
6-5  Notice of custodianship order

PART 7 – LAW FOUNDATION

[no rules]

PART 8 – LAWYERS' FEES 

8-1  Reasonable remuneration
8-2  Maximum remuneration in personal injury actions
8-3  Form and content of contingent fee agreements
8-4  Statement of Rules in contingent fee agreements

PART 9 – INCORPORATION AND LIMITED LIABILITY PARTNERSHIPS

Division 1 – Law Corporations

9-1  Corporate name
9-2  Corporate name certificate
9-3  Review of Executive Director's decision
9-4  Law corporation permit
9-5  Issuance of permit
9-6  Change of corporate name
9-7  Public disclosure of corporate status
9-8  Corporate information
9-9  Disclosure of corporate information
9-10  Notice of change in corporate information
9-11  Revocation of permits

Division 2 – Limited Liability Partnerships

9-12 Definition and application
9-13 Practice through a Limited Liability Partnership
9-14 LLP name
9-15 Notice of application for registration
9-16 Review of Executive Director's decision
9-17 Disclosure of LLP status
9-18 Change in LLP information and annual reports
9-19 Disclosure of LLP information
9-20 Notification of non-compliance

PART 10 – GENERAL

10-1  Service and notice
10-2  Duty not to disclose
10-3  Legal Services Society audit
10-4  Records
10-5  Security of records

Schedules

Schedule 1 - Law Society Fees and Assessments

Schedule 2 - Prorated Fees and Special Assessments for Practising Members

Schedule 3 - Prorated Fees for Non-Practising and Retired Members

Schedule 4 - Tariff for Hearing and Review Costs

Schedule 5 - Form of Summons


TABLES OF CONCORDANCE

Former Law Society Rules > Current Law Society Rules
Current Law Society Rules > Former Law Society Rules