[Table of Contents] [Part 1]

 

Definitions

1 (1) In this Act:

"applicant" means a person who has applied for

(a) enrolment as an articled student,

(b) call and admission, or

(c) reinstatement;

"articled student" means a person enrolled in the society's admission program;

"bencher" means a person elected or appointed under Part 1 to serve as a member of the governing body of the society;

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

"conduct unbecoming a lawyer" includes a matter, conduct or thing that is considered, in the judgment of the benchers, a panel or a review board,

(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;

 

The definition of "conduct unbecoming a lawyer" is amended as follows (unproclaimed):

"conduct unbecoming the profession" includes a matter, conduct or thing that is considered, in the judgment of the benchers, a panel or a review board,

(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;

[2012-16-1] 


"disbar" means to declare that a lawyer or former lawyer is unsuitable to practise law and to terminate the lawyer's membership in the society;

"executive committee" means the committee established under section 10;

"executive director" means the executive director or acting executive director of the society;

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

"law corporation" means a corporation that holds a valid permit under Part 9;

“law firm” means a legal entity or combination of legal entities carrying on the practice of law;

"lawyer" means a member of the society, and

(a) in Part 2, Division 1, includes a member of the governing body of the legal profession in another province or territory of Canada who is authorized to practise law in that province or territory,

(b) in Parts 4 to 6 and 10 includes a former member of the society, and

(c) in Part 10 includes an articled student;

"member" means a member of the society;

"officer" means the executive director, deputy executive director or other person appointed as an officer of the society by the benchers;

"panel" means a panel appointed in accordance with section 41;

"practice of law" includes

(a) appearing as counsel or advocate,

(b) drawing, revising or settling

(i) a petition, memorandum, notice of articles or articles under the Business Corporations Act, or an application, statement, affidavit, minute, resolution, bylaw or other document relating to the incorporation, registration, organization, reorganization, dissolution or winding up of a corporate body,

(ii) a document for use in a proceeding, judicial or extrajudicial,

(iii) a will, deed of settlement, trust deed, power of attorney or a document relating to a probate or a grant of administration or the estate of a deceased person,

(iv) a document relating in any way to a proceeding under a statute of Canada or British Columbia, or

(v) an instrument relating to real or personal estate that is intended, permitted or required to be registered, recorded or filed in a registry or other public office,

(c) doing an act or negotiating in any way for the settlement of, or settling, a claim or demand for damages,

(d) agreeing to place at the disposal of another person the services of a lawyer,

(e) giving legal advice,

(f) making an offer to do anything referred to in paragraphs (a) to (e), and

(g) making a representation by a person that he or she is qualified or entitled to do anything referred to in paragraphs (a) to (e),

but does not include

(h) any of those acts if performed by a person who is not a lawyer and not for or in the expectation of a fee, gain or reward, direct or indirect, from the person for whom the acts are performed,

(i) the drawing, revising or settling of an instrument by a public officer in the course of the officer's duty,

(j) the lawful practice of a notary public,

(k) the usual business carried on by an insurance adjuster who is licensed under Division 2 of Part 6 of the Financial Institutions Act, or

(l) agreeing to do something referred to in paragraph (d), if the agreement is made under a prepaid legal services plan or other liability insurance program;

"practising lawyer" means a member in good standing who holds or is entitled to hold a practising certificate;

"president" means the chief elected official of the society;

"resolution" means a motion passed by a majority of those voting at a meeting;

"respondent" means a person whose conduct or competence is the subject of a hearing or an appeal under this Act; 

review boardmeans a review board appointed in accordance with section 47;

"rules" means rules enacted by the benchers under this Act;

"society" means the Law Society of British Columbia continued under section 2;

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

"written" or "in writing" includes written messages communicated electronically.

(2) In Parts 1 to 5, "costs" means costs assessed under a rule made under section 27 (2) (e) or 46.

[2003-70-209; 2007-14-216; 2012-16-1;2009-13-235, effective March 31, 2014; 2016-5-41]

Application

1.1  This Act does not apply to a person who is both a lawyer and a part time judicial justice, as that term is defined in section 1 of the Provincial Court Act, in the person's capacity as a part time judicial justice under that Act.

[2008-42-33]


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