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Part 2 out of 11 parts in the Legal Profession Act
PART 2 –
Division 1 – Practice of Law
14 (1) The benchers may make rules to do any of the following:
(2) A member in good standing of the society is an officer of all courts of British Columbia.
(3) A practising lawyer is entitled to use the style and title of "Notary Public in and for the Province of British Columbia," and has and may exercise all the powers, rights, duties and privileges of the office of notary public
15 (1) No person, other than a practising lawyer, is permitted to engage in the practice of law, except
(2) A person who is employed by a practising lawyer, a law firm, a law corporation or the government and who acts under the supervision of a practising lawyer does not contravene subsection (1).
(3) A person must not do any act described in paragraphs (a) to (g) of the definition of "practice of law" in section 1 (1), even though the act is not performed for or in the expectation of a fee, gain or reward, direct or indirect, from the person for whom the acts are performed, if
(4) A person must not falsely represent himself, herself or any other person as being
(5) Except as permitted in subsection (1), a person must not commence, prosecute or defend a proceeding in any court.
(6) The benchers may make rules prohibiting lawyers from facilitating or participating in the practice of law by persons who are not authorized to practise law.
16 (1) In this section, "governing body" means the governing body of the legal profession in another province or a territory of Canada.
(2) The benchers may permit qualified lawyers of other Canadian jurisdictions to practise law in British Columbia and may promote cooperation with the governing bodies of the legal profession in other Canadian jurisdictions by doing one or more of the following:
(3) Parts 3 to 8 and 10 apply to a lawyer or class of lawyers given permission under this section.
17 (1) The benchers may do any or all of the following:
(2) Parts 3 to 8 and 10 apply to a person given permission under this section.
18 The benchers may make rules concerning the association of members of the society or law firms in British Columbia with lawyers or law firms in other jurisdictions.
19 (1) No person may be enrolled as an articled student, called and admitted or reinstated as a member unless the benchers are satisfied that the person is of good character and repute and is fit to become a barrister and a solicitor of the Supreme Court.
(2) On receiving an application for enrolment, call and admission or reinstatement, the benchers may
(3) If an applicant for reinstatement is a person referred to in section 15 (3) (a) or (b), the benchers must order a hearing.
(4) A hearing may be ordered, commenced or completed despite the applicant's withdrawal of the application.
(5) The benchers may vary conditions or limitations made under subsection (2) (b) if the applicant consents in writing to the variation.
20 (1) The benchers may make rules to do any of the following:
(2) The benchers may establish and maintain an educational program for articled students.
21 (1) The benchers may make rules to do any of the following:
(2) The fee set under subsection (1) (c) must not exceed 1/6 of the practice fee set under section 23 (1) (a).
(3) The benchers may impose conditions or limitations on the practice of a lawyer who, for a cumulative period of 3 years of the 5 years preceding the imposition of the conditions, has not engaged in the practice of law.
21.1 (1) A lawyer may not resign from membership in the society without the consent of the benchers if the lawyer is the subject of
(a) a citation or other discipline process under Part 4,
(b) an investigation under this Act, or
(c) a practice review under the rules.
(2) In granting consent under subsection (1), the benchers may impose conditions.
22 (1) This section applies to a hearing ordered under section 19 (2) (c).
(2) A hearing must be conducted before a panel.
(3) Following a hearing, the panel must do one of the following:
(4) If an application is rejected,
(5) On application, the benchers may vary or remove conditions or limitations imposed by a panel under this section.
(6) The benchers may make rules requiring payment of security for costs of a hearing.
23 (1) A practising lawyer must pay to the society an annual fee consisting of
(2) The benchers may waive payment of all or part of the annual fee or a special assessment for a lawyer whom they wish to honour.
(3) A lawyer who is suspended under section 38 (5) (d) or the rules made under section 25 (2), 32 (2) (b), 36 (h) or 39 (1) (a) must pay the annual fee or special assessment when it is due in order to remain a member of the society.
(4) The executive director must issue to each practising lawyer a practising certificate on payment of the annual fee, if the lawyer is otherwise in good standing and has complied with this Act and the rules.
(5) A certificate purporting to contain the signature of the executive director stating that a person is, or was at the time specified in the certificate, a member in good standing of the society is proof of that fact, in the absence of evidence to the contrary.
(6) A lawyer who is suspended or who, for any other reason, ceases to be a member in good standing of the society must immediately surrender to the executive director his or her practising certificate and any proof of professional liability insurance issued by the society.
(7) The benchers may make rules to do any of the following:
24 (1) The benchers may
(3) If the benchers set a special assessment for a stated purpose and do not require all of the money collected for that stated purpose, they must return the excess to the members.
(4) On or before the date established by the benchers, each lawyer and applicant must pay to the society any special assessments set under subsection (1) (b), unless the benchers otherwise direct.
25 (1) If a lawyer fails to pay the annual fee or a special assessment as required under this Act by the time that it is required to be paid, the lawyer ceases to be a member, unless the benchers otherwise direct, subject to rules made under section 23 (7).
(2) The benchers may make rules providing for the suspension of a lawyer who fails to pay a fine, costs or a penalty by the time payment is required.