Definitions

1 In these Rules, unless the context indicates otherwise:

"Act" means the Legal Profession Act, S.B.C. 1998, c. 9;

"admission program" means the training program for articled students administered by the Society or its agents, commencing on an articled student's enrolment start date and including the period during which the student is

(a) articled to a principal, or

(b) registered in the training course;

"advertising" includes letterhead, business cards and the use of paid space or time in a public medium, or the use of a commercial publication such as a brochure or handbill, to communicate with the general public or a group of people, for the purpose of promoting professional services or enhancing the image of the advertiser;

"agreed statement of facts" means a written statement of facts signed by discipline counsel and by or on behalf of the respondent;

"applicant" means a person who has applied under Part 2 for enrolment as an articled student, for call and admission or for reinstatement;

"appointed Bencher" means a person appointed as a Bencher under section 5;

"articled student" means a person who is enrolled in the admission program;

"articling agreement" means a contract in a form approved by the Credentials Committee executed by an applicant for enrolment and his or her prospective principal;

"articling start date" means the date on which an articled student begins employment with his or her principal;

"articling term" means the 9 month period referred to in Rule 2-32;

"Bencher" does not include the Attorney General unless expressly stated;

"chair" means a person appointed to preside at meetings of a committee or panel;

"company" means a company as defined in the Business Corporations Act;

"complainant" means a person who has delivered a complaint about a lawyer or a law corporation to the Society under Rule 3-2;

"complaint" means an allegation that a lawyer or a law corporation has committed a discipline violation;

"conduct unbecoming a lawyer" includes any matter, conduct or thing that is considered, in the judgment of the Benchers or a panel,

(a) to be contrary to the best interest of the public or of the legal profession, or

(b) to harm the standing of the legal profession;

"costs" includes costs assessed under Rule 3-18 or 3-74.1 or Part 5;

"disbarred lawyer" means a person to whom section 15(3) of the Act applies;

"discipline violation" means any of the following:

(a) professional misconduct;

(b) conduct unbecoming a lawyer;

(c) a breach of the Act or these Rules;

(d) incompetent performance of duties undertaken by a lawyer in the capacity of a lawyer;

(e) conduct that would constitute professional misconduct, conduct unbecoming a lawyer or a contravention of the Act or these Rules if done by a lawyer;

"enrolment start date" means the date on which an articled student's enrolment in the admission program becomes effective;

"Executive Committee" means the Committee elected under Rule 1-39;

"Executive Director" includes a person designated by the Executive Director to perform any of the duties assigned to the Executive Director in these Rules;

"firm" includes one lawyer or two or more lawyers practising together, including in the following arrangements:

(a) a sole proprietorship;

(b) a partnership, including a limited liability partnership or a partnership of law corporations;

(c) an arrangement for lawyers to share certain common expenses but otherwise practise as independent practitioners;

(d) a law corporation;

(e) a public body such as government or a Crown corporation;

(f) a corporation that is not a law corporation, or other private body;

(g) a multi-disciplinary practice;

"foreign jurisdiction" means a country other than Canada or an internal jurisdiction of a country other than Canada;

"Foundation" means the Law Foundation of British Columbia continued under section 58 (1) of the Act;

"funds" includes current coin, government or bank notes, bills of exchange, cheques, drafts, money orders, charge card sales slips, credit slips and electronic transfers;

"general" in relation to accounts, books, records and transactions means those pertaining to general funds;

"general funds" means funds other than trust funds, received by a lawyer in relation to the practice of law;

"governing body" means the governing body of the legal profession in another province or territory of Canada;

"insolvent lawyer" means a lawyer who

(a) is the respondent of a petition for a receiving order under section 43,

(b) has made an assignment of all his or her property for the general benefit of the lawyer's creditors under section 49,

(c) has made a proposal under section 50 or 66.11,

(d) has filed a notice of intention to make a proposal under section 50.4, or

(e) has applied for a consolidation order under section 219

of the Bankruptcy and Insolvency Act, S.C. 1992, c. 27;

"inter-jurisdictional law firm" means a firm carrying on the practice of law in British Columbia and in one or more other Canadian or foreign jurisdictions, unless all lawyers in all offices of the firm are practising lawyers;

"inter-jurisdictional practice" includes practice by a member of the Society in another Canadian jurisdiction;

"investigate" includes authorizing an investigation and continuing an investigation in progress;

"law clerk" means a law clerk employed by a judge appointed under section 96 of the Constitution Act, 1867, or a judge of the Supreme Court of Canada, the Federal Court of Canada or the Tax Court of Canada;

"lawyer" means a member of the Society;

"limited liability partnership" or "LLP" means a limited liability partnership under Part 6 of the Partnership Act, including an extraprovincial limited liability partnership registered under that Part.

“multi-disciplinary practice” or “MDP” means a partnership, including a limited liability partnership or a partnership of law corporations, that is owned by at least one lawyer or law corporation and at least one individual non-lawyer or professional corporation that is not a law corporation, and that provides to the public legal services supported or supplemented by the services of another profession, trade or occupation;

"net interest" means the total interest earned on a pooled trust account, minus any service charges and transmittal fee that the savings institution charges to that account;

"officer" means the Executive Director, a Deputy Executive Director or other person appointed as an officer by the Benchers;

"Ombudsperson" means a person appointed by the Executive Director to provide confidential dispute resolution and mediation assistance to lawyers, articled students, law students and support staff of legal employers, regarding allegations of harassment or discrimination by lawyers on the basis of race, national or ethnic origin, colour, religion, sex, sexual orientation, marital or family status, disability or age, and includes anyone employed by the Ombudsperson to assist in that capacity;

"panel" means a panel established in accordance with Part 5;

"practice review" means an investigation into a lawyer's competence to practise law ordered under Rule 3-12(3)(d) or 3-13(1);

"practice year" means the period beginning on January 1 and ending on December 31 in a year;

"practitioner of foreign law" means a person qualified to practise law in a country other than Canada or in an internal jurisdiction of that country, who gives legal advice in British Columbia respecting the laws of that country or of the internal jurisdiction in which that person is qualified;

"principal" means a lawyer who is qualified to employ and employs an articled student;

"professional conduct record" means a record of all or some of the following information respecting a lawyer:

(a) an order under Rule 2-30(4), prohibiting the lawyer from acting as a principal for an articled student;

(b) any conditions or limitations of practice or articles accepted or imposed under the Act or these Rules;

(c) a decision by a panel or the Benchers to reject an application for enrolment, call and admission or reinstatement;

(c.1) a decision by the Credentials Committee to reject an application for an inter-jurisdictional practice permit;

(c.2) any suspension or disbarment under the Act or these Rules;

(d) recommendations made by the Practice Standards Committee under Rule 3-14;

(d.1) to (f)  [rescinded 11/08]

(g) an admission accepted by the Discipline Committee under Rule 4-21;

(h) an admission and consent to disciplinary action accepted by a hearing panel under Rule 4-22;

(i) any Conduct Review Subcommittee report delivered to the Discipline Committee under Rule 4-9, and any written dispute of that report considered by the Committee;

(j) a decision made under section 38(4)(b) or (c) of the Act;

(k) an action taken under section 38(5), (6) or (7) of the Act;

(l) an action taken by the Benchers under section 47 of the Act;

(m) and (n)  [rescinded 11/08]

(o) a payment made under section 31 of the Act on account of misappropriation or wrongful conversion by the lawyer;

(p) an order for costs made against the lawyer under Part 5;

(p.1) any failure to pay any fine, costs or penalty imposed under the Act or these Rules by the time that it is to be paid;

(q) the outcome of an application made by the lawyer under the Judicial Review Procedure Act concerning a decision taken under the Act or these Rules, including a predecessor of either;

(r) the outcome of an appeal taken by the lawyer under section 48 of the Act;

(s) any disciplinary or remedial action taken by a governing body or body regulating the legal profession in any other jurisdiction;

“professional corporation” includes a law corporation and means a corporation that is a company, as defined in the Business Corporations Act, and that is in good standing under that Act or that is registered under Part 10 of the Business Corporations Act, through which a member of a profession, trade or occupation is authorized under a statute governing the profession, trade or occupation to carry on the business of providing services to the public;

"Protocol" means the Inter-Jurisdictional Practice Protocol signed on behalf of the Society on February 18, 1994, as amended from time to time;

"qualification examination" means an examination set by the Executive Director for the purposes of Rule 2-57;

"remedial program" includes anything that may be recommended by the Practice Standards Committee under Rule 3-14(1)(b);

"respondent" means a person whose conduct or competence is

(a) the subject of a citation directed to be issued under Rule 4-13(1), or

(b) under review by the Benchers under section 47 of the Act;

"Rule" or "subrule" means a rule or subrule contained in these Rules;

"Second Vice-President-elect" means the Bencher elected under Rule 1-18, from the time of the election until he or she takes office as Second Vice-President;

"section" means a section of the Legal Profession Act;

"Society" means the Law Society of British Columbia continued under section 2(1) of the Act;

"suspension" means temporary disqualification from the practice of law;

"training course" includes any assessments, examinations and remedial work taken during or after the training course, or an educational program required by the Credentials Committee;

"trust funds" includes funds received in trust by a lawyer acting

(a) in the capacity of a lawyer, including funds

(i) received from a client for services to be performed or for disbursements to be made on behalf of the client, or

(ii) belonging partly to a client and partly to the lawyer if it is not practicable to split the funds, and

(b) as a personal representative of a person or at the request of a person, or as a trustee under a trust established by a person, if the lawyer's appointment derived from a solicitor-client relationship;

"vice chair" means a person appointed to preside at meetings of a committee in the absence of the chair;

"visiting lawyer" means a member of a governing body who is qualified to practise law in another Canadian jurisdiction.

[amended 09/1999; 11/1999; 05/2000; 06/2001; 03/2003; effective 08/2003; 12/2003; 05/2004; 09/2004;  "firm" amended and "limited liability partnership" added 09/2004, effective January 17, 2005;
amended 02/2006; 06/2006; 10/2006; 09/2007; 04/2008; "professional conduct record" amended 11/2008; "statement of agreed facts" deleted and "agreed statement of facts" added 04/2009;
"appointed bencher" added 09/2009; "firm" amended and "multi-disciplinary practice" and
"professional corporation" added 12/2009, effective 07/2010]