Part 2 – Membership and Authority to Practise Law

Division 1 – Practice of Law

Members

Categories of membership

2-1 The following are the categories of members of the Society:

(a) practising lawyers, as defined in section 1;

(b) retired members;

(c) non-practising members;

(d) Canadian legal advisor.

Member in good standing

2-2 Subject to Rules 3-18 (7) [Practice review] and 4-6 (2) [Continuation of membership under investigation or disciplinary proceedings], a member of the Society is a member in good standing unless suspended under section 38 (5) (d) [Discipline hearings] or under these rules.

Non-practising members

2-3 (1) Any member of the Society in good standing may become a non-practising member by

(a) undertaking in writing to the Executive Director not to engage in the practice of law until released from the undertaking, and

(b) paying the application fee specified in Schedule 1 and a prorated annual fee for non-practising members as provided in Schedule 3.

(2) Non-practising members must pay the annual fee specified in Schedule 1 by the preceding November 30.

Retired members

2-4 (1) A member of the Society in good standing who has done one of the following qualifies to become a retired member:

(a) reached the age of 55 years;

(b) been a member of the Society in good standing for 20 of the previous 25 years;

(c) engaged in the full-time active practice of law for 20 of the previous 25 years. 

(2) A lawyer who qualifies under subrule (1) may become a retired member by

(a) undertaking in writing to the Executive Director not to engage in the practice of law until released from the undertaking, and

(b) paying the application fee specified in Schedule 1 and the prorated annual fee for retired members as provided in Schedule 3.

(3) Retired members must pay the annual fee specified in Schedule 1 by the preceding November 30.

(4) The Benchers may, by resolution, waive payment of the annual fee by a retired member or group of retired members.

Release from undertaking

2-5 (1) A retired or non-practising member may apply for release from an undertaking given under Rule 2-3 [Non-practising members] or 2-4 [Retired members] by delivering to the Executive Director

(a) an application in a form approved by the Credentials Committee, including written consent for the release of relevant information to the Society, and

(b) the application fee specified in Schedule 1.

(2) The Executive Director must not grant a release from undertaking under this rule unless satisfied that the lawyer is not prohibited from practising law under Rule 2-89 [Returning to practice of law after an absence].

Legal services by non-practising and retired members

2-6 Despite an undertaking given under Rule 2-3 (1) (a) [Non-practising members] or 2-4 (2) (a) [Retired members], a non-practising or retired member may

(a) provide pro bono legal services, or

(b) act as a designated paralegal under Rule 2-13 [Paralegals].

Certificates and permits

2-7 The Executive Director may approve the form of

(a) practising certificate issued under section 23 [Annual fees and practising certificate],

(b) retired membership certificate issued under Rule 2-4 [Retired members],

(c) non-practising membership certificate issued under Rule 2-3 [Non-practising members],

(d) practitioner of foreign law permit issued under Rule 2-29 [Practitioners of foreign law],

(e) inter-jurisdictional practice permit issued under Rule 2-20 [Application for inter-jurisdictional practice permit], and

(f) Canadian legal advisor certificate issued under Rule 2-84 [Barristers and solicitors’ roll and oath].

Member information

Annual practice declaration

2-8 (1) In this rule, “declaration” means the Annual Practice Declaration in a form approved by the Executive Committee.

(2) A practising lawyer must complete and deliver a declaration to the Executive Director in each calendar year.

(3) A declaration is not delivered under this rule unless it is

(a) complete to the satisfaction of the Executive Director,

(b) received by the Executive Director by the date set by the Executive Director, and

(c) signed by the practising lawyer.

(4) The Executive Director must not issue a practising certificate to a lawyer who fails to deliver a declaration as required under this rule, unless the Credentials Committee directs otherwise.

Definitions

2-9 In Rules 2-10 [Business address] and 2-11 [Residential address], “address” includes

(a) the name under which a lawyer carries on business, and

(b) street address, including suite number if applicable, and mailing address, if that is different from the street address;

“contact information” includes the following for the purpose of a lawyer receiving communication from the Society, including confidential communication:

(a) a telephone number;

(b) an email address;

“place of practice” includes

(a) a lawyer’s chief place of practice or employment, including the residence of a lawyer who carries on a law practice from the lawyer’s residence, and

(b) any other location from which a lawyer conducts the practice of law or is held out to conduct the practice of law.

[heading and rule amended 01/2017]

Business address

2-10 A lawyer must advise the Executive Director of the address and contact information of all of the lawyer’s places of practice and inform the Executive Director immediately of a change of address or contact information of any of the lawyer’s places of practice.

[amended, (2) rescinded 01/2017]

Residential address

2-11 A lawyer who does not carry on the practice of law must advise the Executive Director of the address and contact information of the lawyer’s residence and any change in the address and contact information of the lawyer’s residence.

[amended 01/2017]

Practice history

2-12 (1) In this rule, “practice history” means a record of

(a) the dates and places that a lawyer or former lawyer has practised law or been enrolled in the admission program, including the name of the firms through which the lawyer or former lawyer practised law, and

(b) dates of any periods since call and admission during which the lawyer or former lawyer has been a non-practising or retired member or a former member.

(2) At the request of any person, the Executive Director may disclose all or part of the practice history of any member or former member of the Society.

Paralegals

Supervision of limited number of designated paralegals

2-13 (1) In this rule, “designated paralegal” means an individual permitted under section 6.1 [Supervision] of the Code of Professional Conduct to give legal advice and represent clients before a court or tribunal.

(2) A lawyer must not supervise more than 2 designated paralegals at one time.

Unauthorized practice

Unauthorized practice of law

2-14 (1) A lawyer must not knowingly facilitate by any means the practice of law by a person who is not a practising lawyer or otherwise permitted to practise law under sections 15 to 17 or Rule 2-39 [Conditions for MDP].

(2) Without limiting subrule (1), a lawyer must not knowingly do any of the following:

(a) act as an agent or permit his or her name to be used or held out in any way that enables a person to engage in the unauthorized practice of law;

(b) send a process or other document to a person or do any other act that enables a person to engage in the unauthorized practice of law;

(c) open or maintain an office for the practice of law unless the office is under the personal and actual control and management of a practising lawyer.

(3) When the Society obtains a court order or an agreement restraining a person who is not a practising lawyer from the practice of law, the Executive Director may publish generally a summary of the circumstances and of the order or agreement, in a form that appears appropriate to the Executive Director.

Inter-jurisdictional practice

Definitions

2-15 In Rules 2-15 to 2-27,

“business day” means any calendar day or part of a calendar day in which a lawyer provides legal services;

“entitled to practise law” means allowed, under all of the legislation and regulation of a home jurisdiction, to engage in the practice of law in the home jurisdiction;

“legal matter” includes any activity or transaction that constitutes the practice of law and any other activity or transaction ordinarily conducted by lawyers in British Columbia in the course of practising law, whether or not persons other than lawyers are legally capable of conducting it;

“National Registry” means the National Registry of Practising Lawyers established under the National Mobility Agreement;

“permit” means an inter-jurisdictional practice permit issued under Rule 2-19 [Inter-jurisdictional practice permit];

“provide legal services” means to engage in the practice of law

(a) physically in British Columbia, except with respect to the law of a home jurisdiction, or

(b) with respect to the law of British Columbia physically in any jurisdiction,

and includes to provide legal services respecting federal jurisdiction in British Columbia;

“resident” has the meaning respecting a province or territory that it has with respect to Canada in the Income Tax Act (Canada).

Inter-jurisdictional practice without a permit

2-16 (1) Subject to the other requirements of this rule, a visiting lawyer may provide legal services without a permit

(a) in the case of a visiting lawyer who is entitled to practise law in the jurisdiction of a reciprocating governing body of which the visiting lawyer is a member, for a maximum of 100 business days in any calendar year, or

(b) in all other cases, on not more than 10 legal matters and for not more than 20 business days in total during any 12-month period.

(2) A visiting lawyer must not hold himself or herself out or allow himself or herself to be held out as willing or qualified to provide legal services, except as a visiting lawyer. 

(3) Subject to subrule (4), to qualify to provide legal services on a temporary basis under this rule, a visiting lawyer must at all times

(a) maintain professional liability insurance that

(i) is reasonably comparable in coverage and limits to that required of lawyers under Rule 3-39 (1) [Compulsory professional liability insurance], and

(ii) extends to the visiting lawyer’s temporary practice in British Columbia,

(b) maintain trust protection insurance or other defalcation compensation coverage from a governing body that extends to the visiting lawyer’s temporary practice in British Columbia,

(c) not be subject to conditions of or restrictions on the visiting lawyer’s practice or membership in the governing body in any jurisdiction imposed as a result of or in connection with proceedings related to discipline, competency or capacity,

(d) not be the subject of criminal or disciplinary proceedings in any jurisdiction,

(e) have no disciplinary record in any jurisdiction, and

(f) not establish an economic nexus with British Columbia, contrary to Rule 2-17 [Disqualifications].

(4) On application of a visiting lawyer who otherwise qualifies under subrule (3), the Executive Director may allow the visiting lawyer to provide legal services without a permit beyond the limits set in subrule (1).

(5) At the written request of a visiting lawyer affected by a decision made by the Executive Director under subrule (4), the Credentials Committee may

(a) confirm the decision, or

(b) substitute its decision.

(6) The requirement in subrule (3) (a) does not apply to a visiting lawyer who is exempt from professional liability insurance under Rule 3-43 [Exemption from professional liability insurance] with respect to legal services to be provided in British Columbia.

(7) A visiting lawyer who provides legal services without a permit must, on request,

(a) provide evidence to the Executive Director that the visiting lawyer has complied with and continues to comply with this rule, and

(b) disclose to the Executive Director each governing body of which the visiting lawyer is a member.

(8) Notwithstanding Rules 2-15 to 2-27, a member of the Canadian Forces who is entitled to practise law in a home jurisdiction in which he or she is a member of the governing body

(a) may provide legal services for or on behalf of the Office of the Judge Advocate General without a permit, and

(b) does not establish an economic nexus with British Columbia under Rule 2-17 [Disqualifications], provided that he or she provides legal services exclusively for or on behalf of the Office of the Judge Advocate General.

[(3) and (6) amended 04/2017]

Disqualifications

2-17 (1) A visiting lawyer who has established an economic nexus with British Columbia is not permitted to provide legal services without a permit under Rule 2-16 [Inter-jurisdictional practice without a permit].

(2) For the purposes of this rule, an economic nexus is established by actions inconsistent with a temporary basis for providing legal services, including but not limited to doing any of the following in British Columbia:

(a) providing legal services beyond 100 business days, or longer period allowed under Rule 2-16 (4) [Inter-jurisdictional practice without a permit];

(b) opening an office from which legal services are offered or provided to the public;

(c) becoming resident;

(d) opening or operating a trust account, or accepting trust funds, except as allowed under Rule 2-25 [Trust funds];

(e) holding oneself out or allowing oneself to be held out as willing or qualified to provide legal services, except as a visiting lawyer.

(3) A visiting lawyer who provides legal services in or from an office affiliated with the visiting lawyer’s law firm in his or her home jurisdiction does not, for that reason alone, establish an economic nexus with British Columbia.

(4) A visiting lawyer who becomes disqualified under this rule must cease providing legal services forthwith, but may apply under Rule 2-19 [Inter-jurisdictional practice permit] for an inter-jurisdictional practice permit or under Rule 2-79 [Transfer from another Canadian jurisdiction] for call and admission.

(5) On application by a visiting lawyer, the Executive Director may allow the visiting lawyer to continue to provide legal services pending consideration of an application under Rule 2-19 [Inter-jurisdictional practice permit] or 2-79 [Transfer from another Canadian jurisdiction].

Federal jurisdiction

2-18 (1) Despite Rule 2-16 [Inter-jurisdictional practice without a permit], a visiting lawyer who is not disqualified under Rule 2-17 (2) (b) to (e) [Disqualifications] may appear before any of the following tribunals without a permit:

(a) the Supreme Court of Canada;

(b) the Federal Court of Appeal;

(c) the Federal Court;

(d) the Tax Court of Canada;

(e) a federal administrative tribunal;

(f) service tribunals as defined in the National Defence Act;

(g) the Court Martial Appeal Court of Canada.

(2) Subrule (1) applies when a visiting lawyer is preparing for an appearance allowed under that subrule and otherwise furthering the matter giving rise to the appearance.

Inter-jurisdictional practice permit

2-19 (1) A visiting lawyer who does not qualify to provide legal services without a permit under Rule 2-16 [Inter-jurisdictional practice without a permit] or is disqualified under Rule 2-17 [Disqualification] may apply for a permit.

(2) A permit allows a visiting lawyer to provide legal services as follows:

(a) in the case of a visiting lawyer who is entitled to practise law in the jurisdiction of a reciprocating governing body of which the visiting lawyer is a member, for a maximum of 100 business days;

(b) in all other cases, for a specific legal matter.

(3) A visiting lawyer applying under subrule (1) must deliver to the Executive Director

(a) a completed permit application in a form approved by the Credentials Committee, including a written consent for the release of relevant information to the Society,

(b) the application fee or renewal fee specified in Schedule 1,

(c) certificates of standing dated not more than 30 days before the date of application and in a form acceptable to the Credentials Committee, issued by each governing body of which the visiting lawyer is a member,

(d) proof of professional liability insurance as required under Rule 2-16 (3) (a) [Inter-jurisdictional practice without a permit], and

(e) proof that the visiting lawyer maintains the trust protection insurance or other defalcation coverage required under Rule 2-16 (3) (b) [Inter-jurisdictional practice without a permit].

(4) Subrule (3) (b) does not apply to an application made by a visiting lawyer who is a member of a governing body in a jurisdiction in which

(a) the visiting lawyer is entitled to practise law, and

(b) the governing body does not charge members of the Society a fee for the equivalent of a permit.

[(3) amended 04/2017]

Application for inter-jurisdictional practice permit

2-20 (1) On receipt of an application for a permit, the Executive Director must

(a) issue or renew the permit, or

(b) refer the application to the Credentials Committee.

(2) If the Executive Director refers an application to the Credentials Committee under subrule (1), the Committee must

(a) issue or renew a permit, subject to any conditions or limitations the Committee may direct, or

(b) reject the application.

(3) If the Credentials Committee rejects an application, the Committee must, at the written request of the person applying under Rule 2-19 (1) [Inter-jurisdictional practice permit], give written reasons for the decision.

Non-practising and retired members

2-21 (1) If a permit is issued under Rule 2-20 [Application for inter-jurisdictional practice permit] to a non-practising member or a retired member, the member is released from the undertaking given under Rule 2-3 [Non-practising members] or 2-4 [Retired members] only for the purpose allowed by the permit.

(2) If a non-practising member or a retired member qualifies to provide legal services as a visiting lawyer without a permit under Rule 2-16 [Inter-jurisdictional practice without a permit], the member is released from the undertaking given under Rule 2-3 [Non-practising members] or 2-4 [Retired members] only for the purpose of providing legal services under Rule 2-16.

Expiry and renewal of inter-jurisdictional practice permit

2-22 (1) Subject to subrules (2) to (4), a permit issued or renewed under Rule 2-20 [Application for inter-jurisdictional practice permit] is valid for one year from the date it was issued.

(2) In the case of a visiting lawyer who is not entitled to practise law in the jurisdiction of a reciprocating governing body of which the visiting lawyer is a member, the permit expires on the completion of the legal matter for which the permit was granted.

(3) A permit ceases to be valid if the holder of the permit

(a) is not a practising member in good standing of a governing body,

(b) fails to maintain professional liability insurance as described in Rule 2-19 (3) (d) [Inter-jurisdictional practice permit],

(b.1) fails to maintain the trust protection insurance or other defalcation coverage described in Rule 2-16 (3) (b) [Inter-jurisdictional practice without a permit], or

(c) is suspended or disbarred by any governing body.

(4) Before expiry of a permit under subrule (1), the holder of the permit may apply under Rule 2-19 [Inter-jurisdictional practice permit] for its renewal.

[(3) amended 04/2017]

Responsibilities of visiting lawyer

2-23 (1) The Act, these rules and the Code of Professional Conduct apply to and bind a visiting lawyer providing legal services.

(2) It is the responsibility of a visiting lawyer providing legal services to

(a) record and verify the number of business days in which he or she provides legal services, and

(b) prove that he or she has complied with these rules.

Enforcement

2-24 (1) At the request of a governing body that is investigating the conduct of a lawyer, former lawyer or visiting lawyer or has initiated disciplinary proceedings against a lawyer, former lawyer or visiting lawyer, the Executive Director must provide all relevant information.

(2) When the Executive Director provides information to a governing body under subrule (1), the Executive Director may inform any person whose personal, confidential or privileged information may be included of that fact and the reasons for it.

(3) A fine imposed on a lawyer or former lawyer by a governing body may be enforced under Rule 4-45 (4) [Discipline proceedings involving members of other governing bodies].

(4) A lawyer who practises law in another Canadian jurisdiction must comply with the applicable legislation, regulations, rules and Code of Professional Conduct of that jurisdiction.

(5) The Executive Director may require a visiting lawyer to

(a) account for and verify the number of business days spent providing legal services, and

(b) verify compliance with any rules specified by the Executive Director.

(6) If a visiting lawyer fails or refuses to comply with a requirement under subrule (5) within 20 days, or such longer time that the Executive Director may allow in writing,

(a) the visiting lawyer is prohibited from providing legal services without a permit,

(b) any permit issued to the visiting lawyer under Rule 2-19 [Inter-jurisdictional practice permit] is rescinded, and

(c) the Executive Director must advise each of the governing bodies of which the visiting lawyer is or has been a member, of the visiting lawyer’s failure to comply and the consequences.

(7) A visiting lawyer who is affected by subrule (6) may apply to the Credentials Committee for restoration of any or all rights lost under that subrule and the Committee may, in its discretion, grant the application, subject to any conditions or limitations it considers to be in the public interest. 

Trust funds

2-25 A visiting lawyer providing legal services must not maintain a trust account in British Columbia, and must

(a) promptly remit funds received in trust to the visiting lawyer’s trust account in the home jurisdiction, or

(b) ensure that trust funds received are handled

(i) by a practising lawyer in a trust account controlled by the practising lawyer, and

(ii) in accordance with the Act and these rules.

Dispute resolution

2-26 If a dispute arises with a governing body concerning any matter under the Protocol, the Credentials Committee may do one or both of the following:

(a) agree with a governing body to refer the matter to a single mediator;

(b) submit the dispute to arbitration under Appendix 5 of the Protocol.

National Registry of Practising Lawyers

2-27 (1) The Executive Director must provide to the National Registry the current and accurate information about practising lawyers required under the National Mobility Agreement.

(2) No one may use or disclose information obtained from the National Registry except for a purpose related to enforcement of the Act and these rules.

Practitioners of foreign law

Definitions

2-28 In Rules 2-28 to 2-34,

“business day” means any calendar day or part of a calendar day in which a practitioner of foreign law provides foreign legal services;

“permit” means a practitioner of foreign law permit issued under Rule 2-29 [Practitioners of foreign law];

“resident” has the meaning respecting a province or territory that it has with respect to Canada in the Income Tax Act (Canada). 

Practitioners of foreign law

2-29 (1) A person who qualifies under section 17 [Practitioners of foreign law] may apply to the Executive Director for a permit to act as a practitioner of foreign law in British Columbia by delivering to the Executive Director

(a) a completed permit application in a form approved by the Credentials Committee, including a written consent for the release of relevant information to the Society, and

(b) the application fee specified in Schedule 1.

(2) The Executive Director may issue a permit to a person applying under subrule (1) if satisfied that the person

(a) is a member of the legal profession in one or more foreign jurisdictions,

(b) is not suspended or disbarred and has not otherwise ceased, for disciplinary reasons, to be a member of a governing body or of the legal profession in any foreign jurisdiction,

(c) is a person of good character and repute,

(d) has practised the law of a foreign jurisdiction for at least 3 of the past 5 years, or undertakes in writing to act as a practitioner of foreign law in British Columbia only under the direct supervision of a practitioner of foreign law who has practised law in that foreign jurisdiction for at least 3 of the past 5 years,

(e) carries professional liability insurance or a bond, indemnity or other security

(i) in a form and amount at least reasonably comparable to that required of lawyers under Rule 3-39 (1) [Compulsory professional liability insurance], and

(ii) that specifically extends to services rendered by the practitioner of foreign law while acting as such in British Columbia.

(3) Subject to subrule (4), the Executive Director may attach conditions or limitations to a permit issued or renewed under this rule.

(4) The Executive Director may only attach under subrule (3) conditions or limitations that are authorized by the Credentials Committee.

(5) A permit issued under subrule (2) is valid for one year from the issue date shown on it.

(6) Despite subrule (5), a practitioner of foreign law permit ceases to be valid if the practitioner of foreign law

(a) is suspended as a result of proceedings taken under Part 4 [Discipline], or

(b) ceases to comply with any of the requirements of this Part. 

Conditions and limitations

2-30 (1) Subject to Rule 2-31 [Providing foreign legal services without a permit], no one may provide foreign legal services or market a foreign legal practice in British Columbia without a permit issued under Rule 2-29 (2) [Practitioners of foreign law]. 

(2) A practitioner of foreign law who holds a current permit may provide foreign legal services in British Columbia respecting

(a) the law of a foreign jurisdiction in which the practitioner of foreign law is fully licensed to practise law, and

(b) trans-jurisdictional or international legal transactions.

(3) A practitioner of foreign law must not

(a) provide advice respecting the law of British Columbia or another Canadian jurisdiction, or

(b) deal in any way with funds that would, if accepted, held, transferred or otherwise dealt with by a lawyer, constitute trust funds, except money received on deposit for fees to be earned in the future by the practitioner of foreign law.

(4) The Act, these rules and the Code of Professional Conduct apply to and bind a practitioner of foreign law.

(5) A practitioner of foreign law must notify the Executive Director promptly if he or she

(a) is the subject of criminal or professional discipline proceedings in any jurisdiction,

(b) ceases to be a member in good standing of the legal profession in any jurisdiction, or

(c) fails to complete satisfactorily any continuing legal education program required of the practitioner of foreign law as a member of the legal profession in a foreign jurisdiction.

Providing foreign legal services without a permit

2-31 (1) Subject to the other requirements of this rule, a practitioner of foreign law may provide foreign legal services without a permit for a maximum of 30 business days in any calendar year.

(2) Subject to subrule (3), to qualify to provide foreign legal services without a permit, a practitioner of foreign law must at all times

(a) qualify for a permit under Rule 2-29 (2) [Practitioners of foreign law],

(b) comply with Rules 2-30 (3) to (5) [Conditions and limitations],

(c) not be subject to conditions of or restrictions on his or her membership in the governing body or his or her qualification to practise law in any jurisdiction imposed as a result of or in connection with proceedings related to discipline, competency or capacity,

(d) not be the subject of criminal or disciplinary proceedings in any jurisdiction,

(e) have no criminal or disciplinary record in any jurisdiction, and

(f) not establish an economic nexus with British Columbia.

(3) A practitioner of foreign law who provides foreign legal services without a permit must, on request,

(a) provide evidence to the Executive Director that the practitioner of foreign law has complied with and continues to comply with this rule, and

(b) disclose to the Executive Director each governing body of which the practitioner of foreign law is a member.

(4) For the purposes of this rule, an economic nexus is established by actions inconsistent with a temporary basis for providing foreign legal services, including but not limited to doing any of the following in British Columbia:

(a) providing foreign legal services beyond 30 business days in a calendar year;

(b) opening an office from which foreign legal services are offered or provided to the public;

(c) becoming resident;

(d) holding oneself out or allowing oneself to be held out as willing or qualified to provide legal services, except as a practitioner of foreign law without a permit.

(5) A practitioner of foreign law who practises law in a law firm in his or her home jurisdiction and provides legal services in or from an office in British Columbia affiliated with that firm does not, for that reason alone, establish an economic nexus with British Columbia.

(6) A practitioner of foreign law who becomes disqualified under subrule (4) must cease providing foreign legal services forthwith, but may apply under Rule 2-29 [Practitioners of foreign law] for a permit.

(7) On application by a practitioner of foreign law, the Executive Director may allow the practitioner of foreign law to begin or continue to provide foreign legal services pending consideration of an application under Rule 2-29 [Practitioners of foreign law].

Dual qualification

2-32 A lawyer, other than a retired or non-practising member, who is qualified to practise law in a foreign jurisdiction may act as a practitioner of foreign law in British Columbia without obtaining a permit, provided the lawyer maintains professional liability insurance that

(a) specifically extends to the lawyer’s activities as a practitioner of foreign law in British Columbia, and

(b) is in a form and amount at least reasonably comparable to that required of lawyers under Rule 3-39 (1) [Compulsory professional liability insurance].

[amended 04/2017]

Marketing of legal services by practitioners of foreign law

2-33 A practitioner of foreign law who is not a member of the Society must do all of the following when engaging in any marketing activity as defined in the Code of Professional Conduct, section 4.2 [Marketing]:

(a) use the term “practitioner of foreign law”;

(b) state the foreign jurisdiction in which he or she holds professional legal qualifications, and the professional title used in that jurisdiction;

(c) not use any designation or make any representation from which a recipient might reasonably conclude that the practitioner of foreign law is a member of the Society.

Renewal of permit

2-34 (1) In order to renew a practitioner of foreign law permit, a practitioner of foreign law must apply to the Executive Director for a renewal of the permit before his or her permit expires.

(2) A renewal application must include

(a) a completed permit renewal application in a form approved by the Credentials Committee, including a written consent for the release of relevant information to the Society,

(b) evidence satisfactory to the Executive Director that the practitioner of foreign law continues to comply with the requirements set out in Rule 2-29 (2) [Practitioners of foreign law], and

(c) the renewal fee specified in Schedule 1.

(3) The Executive Director may renew the permit of a practitioner of foreign law who has complied with the Act and these rules.

(4) Subject to subrule (5), a permit renewed under subrule (3) is valid for one year.

(5) Rule 2-29 (6) [Practitioners of foreign law] applies to a permit renewed under subrule (3).

(6) A practitioner of foreign law who fails to pay when due the fee for renewal of a permit under subrule (2), including applicable taxes, or any part of it, must pay the late payment fee specified in Schedule 1. 

Canadian legal advisors

Scope of practice

2-35 (1) A Canadian legal advisor may

(a) give legal advice on

(i) the law of Québec and matters involving the law of Québec,

(ii) matters under federal jurisdiction, or

(iii) matters involving public international law, or

(b) where expressly permitted by federal statute or regulation

(i) draw, revise or settle a document for use in a proceeding concerning matters under federal jurisdiction, or

(ii) appear as counsel or advocate before any tribunal with respect to matters under federal jurisdiction.

(2) A Canadian legal advisor must not engage in the practice of law except as permitted under subrule (1).

Requirements

2-36 (1) A member in good standing who is admitted as a Canadian legal advisor has all the duties and responsibilities of a practising lawyer under the Act, these rules and the Code of Professional Conduct.

(2) A Canadian legal advisor must

(a) be a member in good standing of the Chambre authorized to practise law in Québec,

(b) undertake to comply with Rule 2-35 [Scope of practice], and

(c) immediately notify the Executive Director in writing if he or she ceases to be authorized to practise law in Québec.

Non-resident partners

Inter-jurisdictional law firms

2-37 (1) A lawyer who practises law as a member of an inter-jurisdictional law firm must ensure that the firm does the following respecting the firm’s practice of law in British Columbia:

(a) complies with the Part 3, Division 7 [Trust Accounts and Other Client Property];

(b) makes its books, records and accounts, wherever they are located, available on demand by the Society or its designated agent. 

(2) An inter-jurisdictional law firm is subject to discipline under Part 4 [Discipline] in the same way as a law corporation, except that the penalties that a panel may impose are the following:

(a) a reprimand of the firm;

(b) a fine in an amount not exceeding $100,000;

(c) an order prohibiting members of the firm who are not members of the Society from practising in British Columbia.

(3) On certification by a governing body that an inter-jurisdictional law firm has failed to pay, by the date on which it was due, a fine imposed under a provision similar to subrule (2), the Credentials Committee may make an order prohibiting lawyers from practising as members of the firm.

Multi-disciplinary practice

Definition and application

2-38 (1) In Rules 2-38 to 2-49,

“legal services” means services that constitute the practice of law as defined in section 1;

“member of an MDP” means a lawyer or non-lawyer who holds an ownership interest in the MDP.

(2) The responsibilities imposed under Rules 2-38 to 2-49 are not affected by the fact that a member of an MDP is carrying on the practice of a profession, trade or occupation or participating in the MDP as an employee, shareholder, officer, director or contractor of a professional corporation or on its behalf.

Conditions for MDP

2-39 (1) A lawyer must not practise law in an MDP unless

(a) the lawyer and all members of the MDP are in compliance with Rules 2-38 to 2-49 and the Code of Professional Conduct,  

(b) all lawyers who are members of the MDP have obtained express permission under this division to practise law in the MDP,

(c) all non-lawyer members of the MDP are of good character and repute,

(d) all members of the MDP agree in writing

(i) that practising lawyers who are members of the MDP will have actual control over the delivery of legal services by the MDP, 

(ii) that non-lawyer members of the MDP will not interfere, directly or indirectly with the lawyer’s

(A) obligation to comply with the Act, these rules and the Code of Professional Conduct, and

(B) exercise of independent professional judgement,

(iii) to comply with the Act, these rules and the Code of Professional Conduct, and

(iv) to co-operate with and assist the Society or its agents in the conduct of a practice review, examination or investigation, and

(e) all members of the MDP who are governed by the regulatory body of another profession agree to report to the MDP any proceedings concerning their conduct or competence.  

(2) For the purposes of this rule, a lawyer has actual control over the delivery of legal services of the MDP if, despite any partnership agreement or other contract, the lawyer is able, in all cases and without any further agreement of any member of the MDP, to

(a) exercise independent professional judgement, and

(b) take any action necessary to ensure that the lawyer complies with the Act, these rules and the Code of Professional Conduct.

Application to practise law in MDP

2-40 (1) Before a lawyer may practise law as a member of an MDP that has not been granted permission under Rule 2-41 [Consideration of MDP application], the lawyer must submit the following to the Executive Director:

(a) an application in a form approved by the Credentials Committee;

(b) the application fee specified in Schedule 1;

(c) the investigation fee specified in Schedule 1 for each non-lawyer member of the proposed MDP;

(d) copies of all partnership agreements and other contracts that the lawyer proposes to enter into with other members of the proposed MDP.

(2) In addition to any other requirement determined by the Credentials Committee, in the form referred to in subrule (1), the lawyer must report full details of the arrangements that the lawyer has made to ensure that

(a) no non-lawyer member of the MDP provides services to the public, except

(i) those services that support or supplement the practice of law by the MDP, and

(ii) under the supervision of a practising lawyer, 

(b) privileged and confidential information is protected under Rule 2-45 [Privilege and confidentiality],

(c) all members of the MDP comply with the rules respecting conflicts of interest as required under Rule 2-46 [Conflicts of interest],

(d) every member of the MDP obtains and maintains professional liability insurance as required under Rule 2-47 [Liability insurance],

(e) the lawyer and the MDP maintain trust accounts and trust accounting records in accordance with Rule 2-48 [Trust funds], and

(f) all non-lawyer members of the MDP enter into the agreements required under Rule 2-39 [Conditions for MDP].

(3) Any number of lawyers proposing to practise law together in an MDP may submit a joint application under this rule.

[(2) amended 04/2017]

Consideration of MDP application

2-41 (1) On receipt of an application under Rule 2-40 [Application to practise law in MDP], the Executive Director must

(a) grant permission to practise law in the MDP,

(b) if the requirements for permission to practise law in an MDP have not been met, refuse permission, or

(c) refer the application to the Credentials Committee.

(2) The Executive Director must not grant permission under subrule (1) unless satisfied of the following:

(a) all of the conditions set out in Rule 2-39 [Conditions for MDP] have been satisfied;

(b) the lawyer has made arrangements that will enable the lawyer and the MDP to comply with Rules 2-38 to 2-49.

(3) If the lawyer applying for permission under Rule 2-40 [Application to practise law in MDP] agrees, the Executive Director may impose conditions or limitations on permission granted under subrule (1).

(4) Within 30 days after being notified of the decision of the Executive Director under subrule (1) (b), the lawyer may, by written notice, request a review by the Credentials Committee.

(5) If the Executive Director refers an application to the Credentials Committee under subrule (1) (c) or a review is requested under subrule (4), the Credentials Committee must

(a) grant permission to practise law in an MDP, with or without conditions or limitations, or

(b) reject the application.

(6) If an application is rejected or if conditions or limitations are imposed, the Credentials Committee must, at the written request of the lawyer applying, give written reasons for the decision.

Changes in MDP

2-42 (1) A lawyer practising in an MDP must immediately notify the Executive Director when

(a) ceasing to practise law in the MDP for any reason,

(b) any new person proposes to become a member of the MDP,

(c) any member of the MDP ceases to be a member of the MDP or to be actively involved in the MDP’s delivery of services to clients or in the management of the MDP, or

(d) there is any change in the terms of the partnership agreement or other contract affecting the conditions under which members of the MDP participate in the MDP.

(2) When a new non-lawyer proposes to become a member of an MDP, the lawyer practising in the MDP must do the following at least 60 days before the proposed membership takes effect:

(a) notify the Executive Director in a form approved by the Credentials Committee;

(b) pay the application fee specified in Schedule 1.

(3) Any number of lawyers practising law in an MDP may notify the Executive Director jointly under subrule (1) or (2).

Cancellation of MDP permit

2-43 (1) If, for any reason, the Executive Director, in his or her sole discretion, is not satisfied that a lawyer is complying and will continue to comply with Rules 2-38 to 2-49, the Executive Director must cancel the permission granted under Rule 2-41 [Consideration of MDP application].

(2) A cancellation under subrule (1) takes effect

(a) after 30 days notice to all lawyers who are current members of the MDP affected by the cancellation, or

(b) without notice or on notice less than 30 days on the order of the Credentials Committee.

(3) A lawyer who is notified of a cancellation under this rule may apply within 30 days to the Credentials Committee for a review of the decision. 

(4) When a lawyer applies for a review under subrule (3), the Credentials Committee must consider all the information available to the Executive Director, as well as submissions from or on behalf of the lawyer applying and the Executive Director and must

(a) confirm the decision,

(b) reinstate the permission, with or without conditions or limitations specified by the Credentials Committee, or

(c) order a hearing before a panel under Part 5 [Hearings and Appeals].

(5) The lawyer applying under subrule (3) or the Executive Director may initiate a review by a review board on the record of a decision under subrule (4) by delivering to the President and the other party a notice of review.

(6) Rules 5-21 [Notice of review] and 5-23 to 5-28 apply to a review under this rule, insofar as they are applicable and with the necessary changes.

(7) A lawyer who has applied for a review under subrule (3) may apply to the President for a stay of the cancellation pending the decision of the Credentials Committee on the review.

(8) The person who applies for a review under subrule (5) may apply to the President for a stay of the cancellation pending the decision of the review board.

(9) When considering an application for a stay under subrule (8), the President must consider all the information available to the Executive Director, as well as submissions from or on behalf of the Executive Director and the lawyer concerned and must

(a) refuse the stay, or

(b) grant the stay, with or without conditions or limitations.

(10) On an application under subrule (7) or (8), the President may designate another Bencher to make a determination under subrule (9).

(11) When a lawyer’s permission to practise law in an MDP is cancelled under this rule, the lawyer must immediately cease practising law in the MDP.

Lawyer’s professional duties

2-44 (1) Except as provided in Rules 2-38 to 2-49, the Act, these rules and the Code of Professional Conduct apply to lawyers who practise in an MDP.

(2) A lawyer practising law in an MDP must take all steps reasonable in the circumstances to ensure that the non-lawyer members of the MDP

(a) practise their profession, trade or occupation with appropriate skill, judgement and competence,

(b) comply with the Act, these rules and the Code of Professional Conduct, and 

(c) provide no services to the public except

(i) those services that support or supplement the practice of law by the MDP, and

(ii) under the supervision of a practising lawyer, as required the Code of Professional Conduct, section 6.1 [Supervision].

(3) A lawyer practising in an MDP must not permit any member or employee of the MDP to direct or control the professional judgment of the lawyer or to cause the lawyer or other members of the MDP to compromise their duties under the Act, these rules or the Code of Professional Conduct.

Privilege and confidentiality

2-45 A lawyer practising law in an MDP must take all steps reasonable in the circumstances, including the implementation of screening measures if necessary, to ensure that no improper disclosure of privileged or confidential information is made to any person, including a person appointed by the regulatory body of another profession in relation to the practice of another member or employee of the MDP. 

Conflicts of interest

2-46 (1) A lawyer practising law in an MDP must take all steps reasonable in the circumstances to ensure that the other members of the MDP will comply with the provisions of the Act, these rules and the Code of Professional Conduct respecting conflicts of interest as they apply to lawyers.

(2) This rule applies when the MDP has provided legal services to a client or when a potential client has sought legal services from the MDP.

Liability insurance

2-47 (1) A lawyer practising law in an MDP must ensure that every non-lawyer member of the MDP providing services directly or indirectly to the public on behalf of the MDP

(a) maintains professional liability insurance

(i) on the terms and conditions offered by the Society through the Lawyers Insurance Fund and pays the insurance fee, and

(ii) in an amount equivalent to the total amount of coverage that the MDP maintains in excess of that required under Rule 3-39(1) [Compulsory professional liability insurance], and

(b) complies with the provisions of Part 3, Division 5 [Insurance] as if the non-lawyer were a lawyer.

(2) If a non-lawyer member of an MDP agrees in writing, in a form approved by the Executive Committee, to engage in activities on behalf of the MDP for an average of 25 hours or less per week, the applicable insurance base assessment is the part-time insurance fee specified in Schedule 1.

Trust funds

2-48 (1) A lawyer practising law in an MDP that accepts any funds in trust from any person must maintain a trust account and a trust accounting system that are

(a) in compliance with Part 3, Division 7 [Trust Accounts and Other Client Property], and

(b) within the exclusive control of lawyers practising law in the MDP.

(2) A lawyer practising law in an MDP must ensure that all funds received by the MDP that would, if received by a lawyer, constitute trust funds, are handled through a trust account and accounting system that complies with these rules.

Notifying the Society

2-49 (1) Each lawyer who practises law in an MDP must report to the Executive Director in a form approved by the Credentials Committee concerning the following:

(a) non-lawyer members of the MDP providing services to the public;

(b) the reasonable steps taken to protect privileged and confidential information under Rule 2-45 [Privilege and confidentiality];

(c) compliance with the rules respecting conflicts of interest;

(d) professional liability insurance maintained by non-lawyers under Rule 2-47 [Liability insurance],

(e) trust accounts and trust accounting records maintained under Rule 2-48 [Trust funds];

(f) the agreements required under Rule 2-39 [Conditions for MDP] between the lawyer and all non-lawyer members of the MDP, and

(g) any other matter required by the Credentials Committee.

(2) The report required under this rule must be made annually on a date determined by the Executive Director, or more frequently as determined by the Credentials Committee.

[(1) amended 04/2017]

Division 2 – Admission and Reinstatement

Credentials Committee

Credentials Committee

2-50 (1) For each calendar year, the President must appoint a Credentials Committee, including a chair and vice chair, both of whom must be Benchers.

(2) The President may remove any person appointed under subrule (1).

(3) At any time, the President may appoint a person to the Credentials Committee to replace a Committee member who resigns or otherwise ceases membership in the Committee, or to increase the number of members of the Committee.

Referral to Credentials Committee

2-51 (1) The Executive Director may refer any matter for decision under this division to the Credentials Committee.

(2) At the written request of a lawyer, former lawyer, articled student or applicant affected by a decision made by the Executive Director under this division, the Executive Director must refer the matter to the Credentials Committee.

(3) When the Executive Director refers a matter to the Credentials Committee under this rule, the Committee may make any decision open to the Executive Director under this division and may substitute its decision for that of the Executive Director.

Powers of Credentials Committee

2-52 (1) The Credentials Committee may

(a) exercise the authority of the Benchers to call and admit barristers and solicitors,

(b) implement, administer and evaluate a training course and examinations, assignments and assessments for all articled students,

(c) establish standards for passing the training course and examinations, assignments and assessment,

(d) establish procedures to be applied by the Executive Director and faculty of the training course for

(i) the deferral, review or appeal of failed examinations, assignments and assessments, and

(ii) remedial work in the training course or examinations, assignments and assessments, and

(e) review, investigate and report to the Benchers on all aspects of legal education leading to call and admission.

(2) When the Credentials Committee is empowered to order a hearing under this division, it may do so even though the application has been withdrawn.

(3) The Credentials Committee may, with the consent of the person concerned, vary or remove practice conditions or limitations imposed by the Committee under this division.

Application for enrolment, admission or reinstatement

Disclosure of information

2-53 (1) When a person makes an application under this division, the Executive Director may

(a) disclose the fact that the application has been made and the status of the application, and

(b) at the request of a governing body, provide to the governing body copies of all or part of the contents of the application and related material.

(2) For the purpose of subrule (1) (a), the status of an application is its stage of progress in processing the application, including, but not limited to the following:

(a) received and under review;

(b) granted, with or without conditions or limitations;

(c) referred to the Credentials Committee;

(d) hearing ordered, whether or not a hearing has been scheduled;

(e) withdrawn;

(f) refused.

(3) Before the Executive Director sends material to a governing body under subrule (1) (b), the Executive Director must be satisfied that privacy of the applicant will be protected where possible, unless the material has been put in evidence in a public hearing.

(4) With the consent of the Credentials Committee, the Executive Director may deliver to a law enforcement agency any information or documents obtained under this division that the Committee reasonably believes may disclose evidence of an offence.

(5) The Executive Director may disclose the existence and nature of a condition or limitation imposed or agreed to under this division if the condition or limitation

(a) is ordered as a result of a hearing under this division,

(b) restricts or prohibits a lawyer’s practice in one or more areas of law, or

(c) is imposed by Rule 2-78 [Law school faculty], 2-80 [In-house counsel] or 2-87 [Reinstatement of former judge or master].

(6) If the Executive Director discloses the existence of a condition or limitation under subrule (5) by means of the Society’s website, the Executive Director must remove the information from the website within a reasonable time after the condition or limitation ceases to be in force.

Admission program

Enrolment in the admission program

2-54 (1) An applicant may apply for enrolment in the admission program at any time by delivering to the Executive Director the following:

(a) a completed application for enrolment in a form approved by the Credentials Committee, including a written consent for the release of relevant information to the Society;

(b) proof of academic qualification under subrule (2);

(c) an articling agreement stating a proposed enrolment start date not less than 30 days from the date that the application is received by the Executive Director; 

(d) other documents or information that the Credentials Committee may reasonably require;

(e) the application fee specified in Schedule 1.

(2) Each of the following constitutes academic qualification under this rule:

(a) successful completion of the requirements for a bachelor of laws or the equivalent degree from an approved common law faculty of law in a Canadian university;

(b) a Certificate of Qualification issued under the authority of the Federation of Law Societies of Canada;

(c) approval by the Credentials Committee of the qualifications of a full-time lecturer at the faculty of law of a university in British Columbia.

(3) For the purposes of this rule, a common law faculty of law is approved if it has been approved by the Federation of Law Societies of Canada unless the Benchers adopt a resolution declaring that it is not or has ceased to be an approved faculty of law.

(4) An official transcript of the applicant’s grades at each approved faculty of law at which the applicant studied is proof of academic qualification under subrule (2) (a).

(5) The Credentials Committee may approve academic qualifications under subrule (2) (c) if the applicant

(a) has been a full-time lecturer at a common law faculty of law in a Canadian university for at least 5 of the last 8 years, and

(b) has been found by the Credentials Committee to have an adequate knowledge of the common law.

Re-enrolment

2-55 (1) This rule applies to a person

(a) whose application for enrolment has been rejected because he or she has not satisfied a panel that he or she is of good character and repute and fit to become a barrister and solicitor of the Supreme Court,

(b) whose enrolment has been set aside by a panel under section 38 (6) (d) [Discipline hearings], or

(c) who has failed to complete the training course satisfactorily.

(2) A person referred to in subrule (1) (a) or (b) may not apply for enrolment until the earlier of

(a) the date set by a panel acting under subrule (1) (a) or (b), or

(b) 2 years after the date of the event referred to in subrule (1) (a) or (b). 

(3) A person referred to in subrule (1) (c) may not apply for enrolment for 1 year after the later of

(a) the date on which the Executive Director issued the transcript of failed standing, or

(b) the failed standing is confirmed under Rule 2-74 (7) (a) [Review by Credentials Committee].

Consideration of application for enrolment

2-56 (1) The Executive Director must consider an application for enrolment by a person meeting the academic qualifications established under Rule 2-54 [Enrolment in the admission program], and may conduct or authorize any person to conduct an investigation concerning the application.

(2) On an application for enrolment as an articled student, the Executive Director may

(a) enrol the applicant without conditions or limitations effective the enrolment start date proposed in the application, or

(b) refer the application to the Credentials Committee.

(3) When the Executive Director refers an application to the Credentials Committee under subrule (2), the Committee may

(a) enrol the applicant effective on or after the proposed enrolment start date without conditions or limitations,

(b) enrol the applicant effective on or after the proposed enrolment start date with conditions or limitations on the activities of the applicant as an articled student, if the applicant consents in writing to those conditions or limitations, or

(c) order a hearing.

Principals

2-57 (1) A lawyer engaged in full-time practice may act as principal to no more than 2 articled students at one time.

(1.1) In this rule

“associated activities” includes practice management, administration and promotion and voluntary activities associated with the practice of law;

“full-time practice” means the practice of law and associated activities for an average of more than 25 hours per week;

“part-time practice” means the practice of law and associated activities for an average of not more than 25 hours per week.

(2) Subject to subrules (2.1) and (3), to qualify to act as a principal, a lawyer must have

(a) engaged in full-time practice in Canada for 5 of the 6 years immediately preceding the articling start date, and

(b) spent at least 3 years of the time engaged in the practice of law required under paragraph (a) in

(i) British Columbia, or

(ii) Yukon while the lawyer was a member of the Society. 

(2.1) When a lawyer engages in part-time practice

(a) any period in which the lawyer engages in part-time practice is counted at a rate of 50 per cent for the purposes of the full-time practice requirement in subrule (2), and

(b) the 6-year period in subrule (2) (a) is extended by the length of the period in which the lawyer engages in part-time practice, provided that the aggregate time in which the lawyer is not engaged in the practice of law does not exceed 24 months in the entire period. 

(3) In exceptional circumstances, the Credentials Committee may allow a lawyer

(a) who does not qualify under subrule (2) to act as principal to an articled student, or

(b) to act as principal to more than 2 articled students at one time, despite subrule (1).

(4) On the recommendation of the Discipline Committee or Practice Standards Committee, or on its own motion, the Credentials Committee may inquire into a lawyer’s suitability to act or to continue to act as principal to an articled student and may do any of the following:

(a) conduct or authorize any person to conduct an investigation concerning the fitness of the lawyer to act as a principal;

(b) require the lawyer to appear before the Credentials Committee and to respond to questions of the Committee;

(c) order the lawyer to produce any documents, records or files that the Credentials Committee may reasonably require.

(5) After allowing the lawyer to make submissions, the Credentials Committee may do any of the following:

(a) permit the lawyer to act as a principal to an articled student;

(b) permit the lawyer to act as a principal to an articled student subject to conditions or limitations;

(c) order that the lawyer not act as a principal to an articled student.

(6) The onus is on the lawyer to show cause why an order should not be made under subrule (5) (b) or (c).

[(1) and (2) amended, (1.1) and (2.1) added 05/2017]

Hiring articled students

2-58 (1) This rule does not apply to temporary articles under Rule 2-70 [Temporary articles].

(2) This rule applies to all lawyers practising in a firm that maintains an office in the city of Vancouver north of False Creek and west of Carrall Street.

(3) The Credentials Committee may designate an offer date in each calendar year.

(4) A lawyer must not offer articles to a student of any law school who has not begun the third year of studies unless the offer is to remain open at least until the offer date designated under subrule (3).

(5) As an exception to subrule (4), the Credentials Committee may allow a lawyer to withdraw an offer of articles before the offer date designated under subrule (3). 

Articling term

2-59 (1) Unless the articling period is changed under Rules 2-59 to 2-65, an articled student must work in the office of his or her principal for a period of not less than 9 months.

(2) Unless otherwise permitted in this division, the articling term must be continuous, except that this period may be interrupted by

(a) attendance at the training course,

(b) annual vacation of up to 10 working days at the discretion of the principal, or

(c) a leave of absence as permitted under Rule 2-69 [Leave during articles].

(3) Any time taken for matters referred to in subrule (2) must not be included in the calculation of the articling term.

(4) The articling term must not be reduced by more than 5 months under any other rule or the combined effect of any rules.

(5) The Credentials Committee may increase the articling term to not more than 2 years if

(a) the articled student’s performance has been unsatisfactory,

(b) the articled student has not completed his or her obligations under the articling agreement, or

(c) other circumstances justify an increase.

(6) If it would result in the articled student qualifying for call and admission within 2 years of the student’s first enrolment start date, a student enrolled for a second time is entitled to credit for

(a) successful completion of the training course, and

(b) time spent in articles.

(7) If an articled student is enrolled for a second or subsequent time, the Credentials Committee may grant credit for successful completion of the training course and some or all time spent in articles when the articled student was previously enrolled.

Legal services by articled students

2-60 (1) Subject to subrule (2) or any other prohibition in law, an articled student may provide all legal services that a lawyer is permitted to provide, but the student’s principal or another practising lawyer supervising the student must ensure that the student is

(a) competent to provide the services offered,

(b) supervised to the extent necessary in the circumstances, and

(c) properly prepared before acting in any proceeding or other matter. 

(2) An articled student must not

(a) appear as counsel without the student’s principal or another practising lawyer in attendance and directly supervising the student in the following:

(i) an appeal in the Court of Appeal, the Federal Court of Appeal or the Supreme Court of Canada;

(ii) a civil or criminal jury trial;

(iii) a proceeding by way of indictment,

(b) give an undertaking unless the student’s principal or another practising lawyer supervising the student has also signed the undertaking, or

(c) accept an undertaking unless the student’s principal or another practising lawyer supervising the student also accepts the undertaking.

(3) Despite subrule (2) (a) (iii), an articled student may appear without the student’s principal or another practising lawyer in attendance and directly supervising the student in a proceeding

(a) within the absolute jurisdiction of a provincial court judge, or

(b) by way of indictment with respect to

(i) an application for an adjournment,

(ii) setting a date for preliminary inquiry or trial,

(iii) an application for judicial interim release,

(iv) an application to vacate a release or detention order and to make a different order, or

(v) an election or entry of a plea of Not Guilty on a date before the trial date.

Mid-term report

2-61 (1) This rule does not apply to

(a) temporary articles under Rule 2-70 [Temporary articles], or

(b) articles when the term is less than 6 months.

(2) Before the student has completed 60 per cent of his or her articling term, the principal and the student must deliver to the Executive Director a joint report on the student’s progress to date in articles in a form approved by the Credentials Committee.

(3) A report under this rule must include a plan for completing the obligations of the principal and student under the articling agreement. 

Part-time articles

2-62 (1) An applicant for enrolment may apply to complete some or all of his or her articles part-time by submitting the following to the Executive Director not less than 2 months before the enrolment start date:

(a) the documents and information required under Rule 2-54 (1) [Enrolment in the admission program];

(b) the application fee specified in Schedule 1;

(c) an articling agreement that includes all of the following:

(i) the prospective principal’s express approval of the part-time arrangements;

(ii) the type of experience to be provided to the applicant;

(iii) the hours per day to be worked by the applicant;

(iv) the length of the proposed articling term.

(2) An articled student may apply to change his or her articles to part-time articles by submitting to the Executive Director the articling agreement referred to in subrule (1) (c).

(3) The Executive Director may approve an application made under subrule (1) or (2) if

(a) the proposed articling term is a continuous period that would give work experience in the office of the principal equivalent to that required under Rule 2-59 (1) [Articling term], and

(b) the student or applicant’s articles will be completed within 2 years of the articling start date.

(4) The part-time equivalent of the articling period is calculated on the following basis:

(a) 8 hours of scheduled work equals one day of articles;

(b) no additional credit is allowed for more than 8 hours per day.

(5) If the Executive Director refers an application under this rule to the Credentials Committee, the Committee must consider the applicant’s submissions and may

(a) approve the application without conditions or limitations,

(b) approve the application, subject to any conditions or limitations it considers appropriate, or

(c) reject the application.

Law clerks

2-63 (1) An articled student who has been employed as a law clerk for not less than 8 months may apply in writing to the Executive Director for a reduction in the articling term by an amount of time equal to half of the time served as a law clerk.

(2) An articled student whose application under this rule is accepted must article to his or her principal for a period of time and according to a schedule approved by the Executive Director.

(3) An application under this rule must be accompanied by

(a) a written report on the student’s character and competence from the judge to whom the articled student clerked, and

(b) other documents or information that the Credentials Committee may reasonably require.

Articles in another Canadian jurisdiction

2-64 An articled student or applicant for enrolment who has served a period of articles in another Canadian jurisdiction immediately before or after the student’s period in articles in British Columbia, may apply in writing to the Executive Director for a reduction in the articling term by an amount of time equal to the time served in articles in the other jurisdiction.

Practice experience in a common law jurisdiction outside Canada

2-65 (1) An articled student or applicant for enrolment who holds professional legal qualifications obtained in a common law jurisdiction outside Canada and has been in the active practice of law in that jurisdiction for at least one full year, may apply in writing to the Executive Director for a reduction in the articling term.

(2) The Executive Director may reduce an articling term under this rule by up to one month for each full year of active practice of law in another jurisdiction.

Secondment of articles

2-66 (1) A principal may permit his or her articled student to work in the office of another lawyer qualified to act as a principal, for not more than a total of 8 weeks of the student’s articling period.

(2) The Executive Director may permit an articled student to work in the office of a lawyer qualified to act as a principal, other than the student’s principal for a period or periods exceeding 8 weeks of the student’s articling period.

(3) If the Executive Director grants permission under subrule (2), the Executive Director may set conditions or limitations as appropriate.

Assignment of articles

2-67 (1) An articled student may apply for permission to assign his or her articles to another lawyer qualified to act as a principal by filing with the Executive Director, not later than 7 days after commencing employment at the office of the new principal,

(a) an assignment of articles in a form approved by the Credentials Committee,

(b) a declaration of principal in a form approved by the Credentials Committee, and

(c) statements from the previous principal and from the articled student setting out the reasons for the assignment.

(2) If the articled student does not apply to the Executive Director within the time specified in subrule (1), the time between the date the student left the previous principal’s office and the date the student filed the application for assignment is not part of the articling period, unless the Credentials Committee directs otherwise.

(3) If the previous principal does not execute one or more of the documents referred to in subrule (1), the Executive Director may dispense with the filing of those documents.

(4) If the proposed principal is qualified to act as principal to an articled student, the Executive Director may approve an application under this rule.

(5) If the Executive Director refers an application under this rule to the Credentials Committee, the Committee must consider the student’s submissions, and may

(a) approve the application without conditions or limitations,

(b) approve the application, subject to any conditions or limitations it considers appropriate, or

(c) reject the application.

(6) An application under this rule must be approved effective on or after the date on which the articled student began employment at the office of a new principal.

Other employment

2-68 During the articling period and the training course, an articled student is not permitted to accept employment from any person other than the student’s principal or the person to whom the student’s articles are seconded under Rule 2-66 [Secondment of articles], except with the approval of the Executive Director.

Leave during articles

2-69 (1) In the period from an articled student’s enrolment start date until call and admission, the student may take a leave of absence from articles, provided

(a) the total time of leaves of absence, other than maternity and parental leaves, during the period does not exceed 22 working days,

(b) the leave of absence does not affect the student’s attendance at the train­ing course as required, and

(c) if any part of the leave is to take place when the student is required to work in the office of his or her principal, the principal consents to the leave in advance.

(2) Any time taken for a leave of absence under this rule is not part of the articling period.

(3) An articled student who becomes a natural or adoptive parent during or within 12 weeks before the articling period is entitled to 12 weeks or, if the student is the primary caregiver of the child, 16 weeks parental leave.

(4) An articled student is entitled to 18 weeks maternity leave during the period from 11 weeks before to 17 weeks after giving birth, in addition to her entitlement under subrule (3).

(5) If maternity or parental leave causes an articled student to fail to attend any part of the training course, the Credentials Committee may require the student to attend all or part of the course at a session held after the completion of the student’s maternity or parental leave.

(6) An articled student who takes a leave of absence under subrule (1) must notify the Executive Director in writing in advance.

(7) An articled student who takes a leave of absence under subrule (3) or (4) must notify the Executive Director in writing as soon as possible.

(8) On the written application of an articled student, the Executive Director may allow the student to take a leave of absence that is not otherwise authorized by this rule, provided that the articled student will be eligible for call and admission within 2 years of his or her enrolment in the admission program.

(9) On the written application of an articled student, the Credentials Committee may allow the student to take a leave of absence that the Executive Director has not approved, including a leave that will result in the student not being eligible for call and admission within 2 years of his or her enrolment in the admission program.

Temporary articles

2-70 (1) A person may apply for enrolment in temporary articles by filing the following with the Executive Director, not less than 30 days before the enrolment start date:

(a) an application for enrolment in a form approved by the Credentials Committee, including a written consent for the release of relevant information to the Society;

(b) an articling agreement in a form approved by the Credentials Committee;

(c) the application fee for temporary articles specified in Schedule 1.

(2) The Executive Director may enrol the following in temporary articles:

(a) a student at a common law faculty of law in a Canadian university;

(b) a person whose application for enrolment as an articled student has been approved, but whose articling term has not yet begun;

(c) a person who is qualified to practise law in a Commonwealth country and has actually practised law in that country for 2 years or more.

(3) Temporary articles granted under subrule (2) (a) are void if the student ceases to be a student at a common law faculty of law in Canada. 

(4) The Executive Director may only grant temporary articles under subrule (2) (a) that are subject to a definite termination date.

(5) The Executive Director must not grant temporary articles under subrule (2) (b) effective more than 6 weeks before the beginning of the person’s articling term.

(6) The Executive Director must not grant temporary articles under subrule (2) (c) for a period exceeding 3 months.

(7) Time spent in temporary articles is not part of the articling term.

(8) Except as otherwise specified in these rules, a person enrolled in temporary articles has the rights, privileges and responsibilities of an articled student.

(9) The Credentials Committee may revoke temporary articles at any time for any reason without giving notice to the temporary articled student and without holding a hearing.

Court and tribunal appearances by temporary articled students

2-71 (1) Despite Rule 2-60 [Legal services by articled students], a person enrolled in temporary articles must not appear as counsel before a court or tribunal without the student’s principal or another practising lawyer in attendance and directly supervising the student except

(a) in the Supreme Court of British Columbia in Chambers on any

(i) uncontested matter, or

(ii) contested application for

(A) time to plead,

(B) leave to amend pleadings, or

(C) discovery and production of documents, or

(iii) other procedural application relating to the conduct of a cause or matter,

(b) before a registrar or other officer exercising the power of a registrar of the Supreme Court of British Columbia or Court of Appeal for British Columbia,

(c) in the Provincial Court of British Columbia

(i) on any summary conviction proceeding,

(ii) on any matter that is within the absolute jurisdiction of a provincial court judge,

(iii) on any matter in the Family Division or the Small Claims Division, or 

(iv) when the Crown is proceeding by indictment or under the Youth Criminal Justice Act (Canada) in respect of an indictable offence, only on

(A) an application for an adjournment,

(B) setting a date for preliminary inquiry or trial,

(C) an application for judicial interim release,

(D) an application to vacate a release or detention order and to make a different order, or

(E) an election or entry of a plea of Not Guilty on a date before the trial date,

(d) on an examination of a debtor,

(e) on an examination for discovery in aid of execution, or

(f) before an administrative tribunal.

(2) A person enrolled in temporary articles is not permitted to do any of the following under any circumstances:

(a) conduct an examination for discovery;

(b) represent a party who is being examined for discovery;

(c) represent a party at a case planning conference, trial management conference or settlement conference. 

Training course

2-72 (1) The Executive Director may set the dates on which sessions of the training course will begin.

(2) The Credentials Committee may direct that an articled student be given priority in selection of the training course session that the student wishes to attend if the student is or will be

(a) articling outside the Lower Mainland,

(b) articling as the only student in a firm, or

(c) employed as a law clerk.

(3) Before registering in the training course, an articled student or applicant must make application for enrolment under Rule 2-54 (1) [Enrolment in the admission program]

(4) To register in a training course session, an articled student or applicant must

(a) pay to the Society the fee for the training course specified in Schedule 1, and

(b) deliver to the Executive Director

(i) an application for registration, and

(ii) the principal’s consent to the training course session chosen.

(5) The Executive Director must deliver to each student who was registered in a training course session and to each student’s principal, a transcript stating whether the student passed or failed the training course.

(6) If a student fails part of the training course, the Executive Director may allow the student one further attempt to pass the examinations, assignments or assessments concerned.

(7) An articled student may apply in writing to the Credentials Committee for exemption from all or a portion of the training course, and the Committee may, in its discretion, grant all or part of the exemption applied for with or without conditions, if the student has

(a) successfully completed a bar admission course in another Canadian jurisdiction, or

(b) engaged in the active practice of law in a common law jurisdiction outside Canada for at least 5 full years.

Tutorial program

2-73 (1) The Executive Director may establish a tutorial program to assist students participating in the training course.

(2) Priority for access to tutorial assistance must be as follows:

(a) first priority to students of aboriginal heritage;

(b) second priority to all other students.

Review by Credentials Committee

2-74 (1) Subject to subrule (2), an articled student who has failed the training course may apply in writing to the Credentials Committee, not more than 21 days after the date on which the Executive Director issued the transcript, for a review of his or her failed standing.

(2) An articled student may not apply to the Credentials Committee under subrule (1) if the student has failed in 3 attempts to pass the training course, including any of the following:

(a) the original attempt;

(b) a further attempt to pass examinations, assignments or assessments under Rule 2-72 (6) [Training course];

(c) any attempt to meet a requirement under subrule (7).

(3) The Credentials Committee may, in its discretion, consider an application for review received after the period specified in subrule (1).

(4) An articled student applying for a review under this rule must state the following in the application:

(a) any compassionate grounds, supported by medical or other evidence, that relate to the student’s performance in the training course;

(b) any grounds, based on the student’s past performance, that would justify the Credentials Committee granting opportunities for further remedial work;

(c) the relief that the student seeks under subrule (7).

(5) The Credentials Committee may

(a) deliver a copy of the student’s application for review to the Executive Director,

(b) consider any written submission made by the Executive Director, the student, the principal or other person who, in the Committee’s opinion, could provide information relevant to the grounds for review, or

(c) invite one or more of the student, the principal or the Executive Director, to make any further written submissions, or to meet informally with the Committee.

(6) Subject to the Act and these rules, the Credentials Committee may determine the practice and procedure to be followed at a review under this rule.

(7) After considering the submissions made under subrules (4) and (5), the Credentials Committee may do one or more of the following:

(a) confirm the standing, including any failed standing, stated in the transcript delivered by the Executive Director;

(b) grant the student an adjudicated pass in a training course examination, assignment or assessment, with or without conditions;

(c) require the student to complete further examinations, assignments or assessments, and to pass them at a standard set by the Committee;

(d) require the student to complete or repeat and pass all, or a portion of, the training course;

(e) require the student to complete a specified program of training at an educational institution or under the supervision of a practising lawyer, or both.

(8) A student who is required to do anything under subrule (7) must pay the fee for the training course, or for each examination, assignment or assessment as specified in Schedule 1. 

(9) The Executive Director must deliver a transcript stating the student’s standing and the extent to which any standards or conditions set by the Credentials Committee have been met to

(a) each student whom the Committee has required to do anything under subrule (7), and

(b) each such student’s principal.

Termination of enrolment

2-75 (1) An articled student is no longer enrolled in the admission program if the principal or the student has terminated the student’s articles for any reason and no assignment of the student’s articles is approved within 30 days.

(2) The 30-day period referred to in subrule (1) does not run while the student is registered in and attending the training course.

(3) A person whose enrolment has ceased under subrule (1) may apply for enrolment under Rule 2-54 (1) [Enrolment in the admission program].

Call and admission

Call and admission

2-76 To qualify for call and admission, an articled student must complete the following satisfactorily:

(a) the articling term;

(b) the training course;

(c) any other requirements of the Act or these rules imposed by the Credentials Committee or the Benchers.

First call and admission

2-77 (1) An articled student who applies for call and admission must deliver to the Executive Director

(a) the following in the form approved by the Credentials Committee:

(i) a petition for call and admission;

(ii) a declaration of the principal;

(iii) a declaration of the applicant;

(iv) a joint report of the principal and the applicant certifying completion of their obligations under the articling agreement;

(v) a completed questionnaire;

(vi) written consent for the release of relevant information to the Society,

(b) a professional liability insurance application or exemption form, 

(c) the following fees:

(i) the call and admission fees specified in Schedule 1;

(ii) the prorated practice fee specified in Schedule 2;

(iii) the prorated annual insurance fee specified in Schedule 2, unless exempt under Rule 3-43 [Exemption from professional liability insurance], and

(d) any other information and documents required by the Act or these rules that the Credentials Committee or the Benchers may request.

(2) An articled student may apply under this rule at any time.

(3) If an articled student fails to meet the requirements of this rule, including the delivery of all documents specified, the Executive Director must summarily

(a) reject the application for call and admission, and

(b) terminate the student’s enrolment.

(4) When the Credentials Committee has initiated a review under Rule 5-19 [Initiating a review] of a hearing panel’s decision to enrol an articled student, the articled student is not eligible for call and admission until the review board has issued a final decision on the review or the Committee withdraws the review.

[(1) amended 04/2017]

Law school faculty

2-78 (1) A full-time lecturer in a faculty of law of a university in Canada who has the academic qualifications required under Rule 2-54 [Enrolment in the admission program] may apply for call and admission without completing the admission program.

(2) On an application under this rule, the Credentials Committee may approve the application subject to the condition specified in subrule (3).

(3) A lawyer called and admitted under this rule who ceases to be a full-time lecturer in a faculty of law of a university in Canada must complete the admission program unless the Credentials Committee otherwise orders.

(4) The Benchers may require a lawyer who fails to comply with subrule (3) to resign from the Society.

Transfer from another Canadian jurisdiction

2-79 (1) An applicant for call and admission on transfer from another jurisdiction in Canada must deliver the following to the Executive Director:

(a) an application for call and admission on transfer in a form approved by the Credentials Committee, including written consent for the release of relevant information to the Society;

(b) a certificate of character;

(c) a certificate of standing from each body regulating the legal profession in any jurisdiction in which the applicant is or has been a member of the legal profession;

(d) a professional liability insurance application or exemption form;

(e) proof of academic qualification

(i) as required of applicants for enrolment under Rule 2-54 (2) [Enrolment in the admission program], or;

(ii) for a member of the Barreau, proof that he or she has earned

(A) a bachelor’s degree in civil law in Canada, or

(B) a foreign degree and a certificate of equivalency from the Barreau;

(f) the following fees:

(i) the application fee and call and admission fees specified in Schedule 1;

(ii) the prorated practice fee specified in Schedule 2;

(iii) the prorated annual insurance fee specified in Schedule 2, unless exempt under Rule 3-43 [Exemption from professional liability insurance];

(g) any other information and documents required by the Act or these rules that are requested by the Credentials Committee or the Benchers.

(2) An applicant under this rule must not be called and admitted unless the Executive Director is satisfied that the lawyer is not prohibited from practising law under Rule 2-89 [Returning to practice after an absence].

(3) Unless Rule 2-81 [Transfer under National Mobility Agreement and Territorial Mobility Agreement] applies, an applicant under this rule must pass an examination on jurisdiction-specific substantive law, practice and procedure set by the Executive Director.

(4) An applicant who does not satisfy the Executive Director that he or she has an adequate knowledge of the English language must satisfactorily complete the training required by the Credentials Committee.

(5) An applicant who is required to write an examination under this rule or Rule 2-89 [Returning to practice after an absence] must pass the required examination within 12 months after the Executive Director’s decision to permit the applicant to write the examination.

(6) At least 30 days before writing the first examination, an applicant who is required to write an examination under this rule or Rule 2-89 [Returning to practice after an absence] must pay the fee specified in Schedule 1 for the examination.

(7) An applicant who fails the transfer or qualification examination

(a) is entitled to a formal re-read of the examination on application to the Executive Director in writing within 30 days of notification of his or her failure,

(b) may re-write the examination

(i) at any time, provided he or she has not failed the examination before, or

(ii) after a period of one year from the date of the failure if he or she has previously failed the examination, or

(c) may be permitted to write the examination for a third or subsequent time at any time despite paragraph (b) (ii) on application to the Credentials Committee in writing stating

(i) compassionate grounds, supported by medical or other evidence, or

(ii) other grounds based on the applicant’s past performance.

[(1) amended 04/2017]

In-house counsel

2-80 (1) An applicant under Rule 2-79 [Transfer from another Canadian jurisdiction] may apply to the Credentials Committee for call and admission as in-house counsel.

(2) On an application under this rule, the Credentials Committee may exempt an applicant from the requirements to write and pass the transfer examination or the qualification examination or complete the requirement under Rule 2-81 (3) [Transfer under National Mobility Agreement and Territorial Mobility Agreement].

(3) A lawyer who is called and admitted as in-house counsel must practise law in British Columbia only on behalf of the lawyer’s employer or one of its subsidiaries or affiliates.

(4) On application of a lawyer called and admitted as in-house counsel, the Credentials Committee may relieve the lawyer of the restriction under subrule (3), on the lawyer

(a) writing and passing the required examination under Rule 2-79 [Transfer from another Canadian jurisdiction], or

(b) completing the requirements under Rule 2-81 (3) [Transfer under National Mobility Agreement and Territorial Mobility Agreement], if the lawyer

(i) has practised law full-time in British Columbia for 2 years, or the equivalent in part-time practice, immediately preceding the application,

(ii) is entitled to practise law in the jurisdiction of a reciprocating governing body of which the applicant is a member, or

(iii) was, when called and admitted in British Columbia, entitled to practise law in the jurisdiction of a governing body that is now a reciprocating governing body, of which the applicant was a member.

Transfer under National Mobility Agreement and Territorial Mobility Agreement

2-81 (1) This rule applies to an applicant for transfer from another Canadian jurisdiction, provided that the applicant is entitled to practise law in the jurisdiction of a reciprocating governing body of which the applicant is a member.

 (2) An applicant under this rule must fulfill all of the requirements in Rule 2-79 [Transfer from another Canadian jurisdiction] for call and admission on transfer from another Canadian jurisdiction, except that he or she need not pass any transfer examination.

(3) To qualify for call and admission, an applicant under this rule must certify, in a prescribed form, that he or she has reviewed and understands all of the materials reasonably required by the Executive Director.

(4) A lawyer called and admitted under this rule has no greater rights as a member of the Society than

(a) the lawyer has as a member of the governing body of his or her home jurisdiction, or

(b) any other member of the Society in similar circumstances.

Transfer as Canadian legal advisor

2-82 (1) Subject to subrule (3), a member of the Chambre may apply for call and admission on transfer as a Canadian legal advisor by delivering to the Executive Director the following:

(a) a completed application for call and admission as a Canadian legal adviser in a form approved by the Credentials Committee, including written consent for the release of relevant information to the Society;

(b) a certificate of character;

(c) a certificate of standing from the Chambre and each other body regulating the legal profession, in any jurisdiction, in which the applicant is or has been a member of the legal profession;

(d) a professional liability insurance application or exemption form;

(e) the following fees:

(i) the application fee and call and admission fees specified in Schedule 1;

(ii) the prorated practice fee specified in Schedule 2;

(iii) the prorated annual insurance fee specified in Schedule 2, unless exempt under Rule 3-43 [Exemption from professional liability insurance];

(f) any other information and documents required by the Act or these rules that are requested by the Credentials Committee or the Benchers.

(2) Subject to subrule (1), Rules 2-79 to 2-84 apply, with any necessary changes, to an application for call and admission on transfer as a Canadian legal adviser.

(3) This rule does not apply to a member of the Chambre unless he or she has earned a bachelor’s degree in civil law in Canada or a foreign degree and a certificate of equivalency from the Chambre. 

[(1) amended 04/2017]

Consideration of application for call and admission

2-83 (1) The Executive Director must consider an application for call and admission by a person meeting the requirements under this division, and may conduct or authorize any person to conduct an investigation concerning the application.

(2) On an application for call and admission, the Executive Director may

(a) authorize the call and admission of the applicant without conditions or limitations, or

(b) refer the application to the Credentials Committee.

(3) When the Executive Director refers an application to the Credentials Committee under subrule (2), the Committee may

(a) authorize the call and admission of the applicant without conditions or limitations,

(b) authorize the call and admission of the applicant with conditions or limitations on the applicant’s practice, if the applicant consents in writing to those conditions or limitations, or

(c) order a hearing.

Barristers and solicitors’ roll and oath

2-84 (1) The Executive Director must maintain the barristers and solicitors’ roll in paper or electronic form, or a combination of both.

(2) Every lawyer who is called to the Bar of British Columbia and admitted as a solicitor of the Supreme Court must,

(a) before beginning the practice of law, take the barristers and solicitors’ oath in a form approved by the Benchers before a judge of the Provincial Court or a superior court in British Columbia or before a practising lawyer, and

(b) be presented in open court before one or more of the judges of the Supreme Court.

(3) The Executive Director must enter in the barristers and solicitors’ roll the full names of all persons who are called as barristers and admitted as solicitors.

(4) On proof that an applicant who has otherwise qualified for call and admission has taken the oath required under subrule (2) (a), the Executive Director must issue to the applicant a practising certificate, a non-practising certificate or a Canadian legal advisor certificate, as the case may be.

(5) The Executive Director must not renew a practising certificate or a Canadian legal advisor certificate issued under subrule (4) unless the lawyer has been presented in open court as required under subrule (2) (b).

(6) As an exception to subrule (5), the Executive Director may renew a certificate issued under subrule (2) (b) within four months of its expiry date.

Reinstatement

Reinstatement of former lawyer

2-85 (1) A former lawyer may apply for reinstatement as a member of the Society by delivering the following to the Executive Director:

(a) an application for reinstatement in a form approved by the Credentials Committee, including written consent for the release of relevant information to the Society;

(b) the appropriate application fee specified in Schedule 1.

(2) An applicant for reinstatement may apply for the following status on reinstatement:

(a) practising lawyer, only if the applicant has met the conditions for practising law under Rule 2-89 [Returning to practice after an absence];

(b) non-practising member on compliance with Rule 2-3 [Non-practising members];

(c) retired member if the lawyer is qualified under Rule 2-4 (1) [Retired members] and on compliance with Rule 2-4 (2) and (3).

(3) On an application under subrule (2) (c), the Executive Director may waive payment of all or part of the application fee on any conditions that the Executive Director considers appropriate.

(4) The Executive Director may issue a practising certificate to an applicant on reinstatement on payment of the following:

(a) the prorated practice fee specified in Schedule 2;

(b) the prorated annual insurance fee specified in Schedule 2, unless exempt under Rule 3-43 [Exemption from professional liability insurance];

(c) any surcharge for which the lawyer is liable under Rule 3-44 (2) [Deductible, surcharge and reimbursement].

(5) The Executive Director may issue a non-practising or retired member certificate to an applicant on reinstatement on payment of the appropriate prorated fee specified in Schedule 3.

(6) Subject to subrule (7), the Executive Director must consider an application for reinstatement of a former lawyer and may conduct or authorize any person to conduct an investigation concerning the application. 

(7) The Executive Director must not consider an application for reinstatement of a former lawyer unless the former lawyer has

(a) submitted all trust reports required under Rules 3-79 [Trust report] and 3-84 (1) [Former lawyers],

(b) paid all assessments accrued under Rule 3-80 [Late filing of trust report] before and after the former lawyer ceased to be a member of the Society unless the Discipline Committee orders the assessments need not be paid under Rule 3-80 (3), and

(c) paid all costs of trust reports ordered under Rule 3-81 (6) [Failure to file trust report].

(8) If an applicant for reinstatement is a disbarred lawyer, the Executive Director must refer the application to the Credentials Committee.

(9) On an application for reinstatement to which subrules (7) and (8) do not apply, the Executive Director may

(a) reinstate the applicant without conditions or limitations, or

(b) refer the application to the Credentials Committee for consideration.

(10) Subject to subrule (11), when the Executive Director refers an application for reinstatement to the Credentials Committee under subrule (9), the Committee may

(a) reinstate the applicant without conditions or limitations,

(b) reinstate the applicant with conditions or limitations on the applicant’s practice if the applicant consents in writing to those conditions or limitations, or

(c) order a hearing.

(11) The Credentials Committee must order a hearing in the following circumstances:

(a) section 19(3) applies;

(b) the Committee cannot reach another disposition of the matter under subrule (10);

(c) the Committee resolves to order a hearing.

(12) An applicant for reinstatement must give written notice of the application as directed by the Executive Director, and persons so notified may appear in person or by counsel at the hearing and be heard on the application.

[(3) amended 03/2017]

Subsequent application for reinstatement

2-86 A person whose application for reinstatement is rejected under section 22 (3) [Credentials hearings] may not make a new application for reinstatement until the earlier of the following:

(a) 2 years after the date on which the application was rejected;

(b) the date set by the panel when the application was rejected or by the review board on a review under Part 5 [Hearings and appeals].

Reinstatement of former judge or master

2-87 (1) Subject to subrules (2) and (3), a reinstated lawyer who was a judge or a master must restrict his or her practice of law as follows:

(a) a former judge of a federally appointed court in British Columbia, the Supreme Court of Canada, the Federal Court of Appeal or the Federal Court must not appear as counsel in any court in British Columbia without first obtaining the approval of the Credentials Committee;

(b) a former judge of the Provincial Court of British Columbia must not appear as counsel in that Court for 3 years after ceasing to be a judge;

(c) a former master of the Supreme Court of British Columbia must not appear as counsel before a master, a registrar, a district registrar or a deputy district registrar of the Supreme Court of British Columbia for 3 years after ceasing to be a master.

(2) The Credentials Committee may impose conditions or limitations respecting the practice of a former judge when giving approval for that lawyer to appear as counsel under subrule (1) (a).

(3) The Credentials Committee may at any time relieve a lawyer of a practice restriction referred to in subrule (1) and may impose conditions or limitations respecting the practice of the lawyer concerned.

(4) A lawyer who has served as a judge or master in any court must not use any judicial title or otherwise allude to the lawyer’s former status in any marketing activity.

(5) Subrule (4) does not preclude a lawyer who has served as a judge or master from referring to the lawyer’s former status in

(a) a public announcement that the lawyer has resumed the practice of law or joined a law firm,

(b) a public speaking engagement or publication that does not promote the lawyer’s practice or firm,

(c) seeking employment, partnership or appointment other than the promotion of the lawyer’s practice or firm, or

(d) informal conversation or correspondence.

(6) For the purpose of this rule, it is not the promotion of a lawyer’s practice or firm to provide, on request, a curriculum vitae or other statement of experience that refers to the lawyer’s former status as a judge or master. 

Returning to practice

Definition and application

2-88 (1) In Rules 2-88 to 2-90, unless the context indicates otherwise, “relevant period” is the shortest of the following periods of time in the immediate past: 

(a) 5 years;

(b) the time since the lawyer’s first call and admission in any jurisdiction;

(c) the time since the lawyer last passed the qualification examination.

(2) For the purpose of paragraph (b) of the definition of “relevant period” in subrule (1), a lawyer is deemed to have been called and admitted as of the date that a practising certificate was issued under Rule 2-84 (4) [Barristers and solicitors’ roll and oath].

(3) Rules 2-88 to 2-90 apply to a former lawyer and an applicant.

Returning to practice after an absence

2-89 (1) If, for a total of 3 years or more in the relevant period, a lawyer has not engaged in the practice of law, the lawyer must not practise law without first doing one of the following:

(a) passing the qualification examination;

(b) obtaining the permission of the Credentials Committee under subrule (3).

(2) Subrule (1) applies

(a) despite any other rule, and

(b) whether or not the lawyer holds or is entitled to hold a practising certificate.

(3) A lawyer may apply in writing to the Credentials Committee for permission to practise law without passing the qualification examination.

(4) On an application under subrule (3), the Credentials Committee may approve the application if, in its judgement

(a) the lawyer has engaged in activities that have kept the lawyer current with substantive law and practice skills, or

(b) the public interest does not require the lawyer to pass the qualification examination.

(5) Before approving an application under subrule (4), the Credentials Committee may require the lawyer to enter into a written undertaking to do any of the things set out in Rule 2-90 (5) (b) [Conditions on returning to practice].

(6) A lawyer who is required to write the qualification examination under subrule (1) must pay, at least 30 days before writing the first examination, the fee specified in Schedule 1.

Conditions on returning to practice

2-90 (1) A lawyer or applicant who has spent a period of 7 years or more not engaged in the practice of law must not practise law without the permission of the Credentials Committee.

(2) Subrule (1) applies

(a) despite any other rule, and

(b) whether or not the lawyer holds or is entitled to hold a practising certificate.

(3) A lawyer or applicant must apply in writing to the Credentials Committee for permission to practise law under subrule (1).

(4) An application under subrule (3) may be combined with an application under Rule 2-89 (3) [Returning to practice of law after an absence].

(5) As a condition of permission to practise law under subrule (1), the Credentials Committee may require one or more of the following:

(a) successful completion of all or part of one or more of the following:

(i) the admission program;

(ii) another course offered by the Society or a provider approved by the Society;

(b) a written undertaking to do any or all of the following:

(i) practise law in British Columbia immediately on being granted permission;

(ii) not practise law as a sole practitioner;

(iii) practise law only in a situation approved by the Committee for a period set by the Committee, not exceeding 2 years;

(iv) successfully complete the training course or a part of the training course within a period set by the Committee, not exceeding one year from the date permission is granted;

(v) practise law only in specified areas;

(vi) not practise law in specified areas.

(6) Despite Rule 2-52 (3) [Powers of Credentials Committee], the Credentials Committee may vary a condition under subrule (5) (a) without the consent of the lawyer concerned.

(7) On the written application of the lawyer, the Credentials Committee may allow a variation of an undertaking given under subrule (5) (b).

Credentials hearings

Notice to applicant

2-91 (1) When a hearing is ordered under this division, the Executive Director must promptly notify the applicant in writing of

(a) the purpose of the hearing,

(b) [rescinded]

(c) the circumstances to be inquired into at the hearing, and

(d) the amount of security for costs set by the Credentials Committee under Rule 2-92 [Security for costs].

(1.1) The date, time and place for the hearing to begin must be set

(a) by agreement between counsel for the Society and the applicant, or

(b) on the application of a party, by the President or by the Bencher presiding at a pre-hearing conference.

(1.2) When a date is set under subrule (1.1), the President must notify the parties in writing of the date, time and place of the hearing. 

(2) The notice referred to in subrule (1) or (1.2) must be served

(a) in accordance with Rule 10-1 [Service and notice], and

(b) not less than 30 days before the date set for the hearing, unless the applicant consents in writing to a shorter period.

[(1) and (2) amended, (1.1) and (1.2) added 06/2016]

Security for costs

2-92 (1) When the Credentials Committee orders a hearing under this division, it must set an amount to be deposited by the applicant as security for costs.

(2) In setting the amount to be deposited as security for costs under this rule, the Credentials Committee may take into account the circumstances of the matter, including but not limited to, the applicant’s

(a) ability to pay, and

(b) likelihood of success in the hearing.

(3) The amount to be deposited as security for costs cannot exceed an amount that approximates the amount that the panel may order to be paid under Rule 5-11 [Costs of hearings].

(4) On application by the applicant or counsel for the Society, the Credentials Committee may vary the amount to be deposited as security for costs under this rule.

(5) If, 15 days before the date set for a hearing, the applicant has not deposited with the Executive Director the security for costs set under this rule, the hearing is adjourned.

(6) Before the time set for depositing security for costs under subrule (5), an applicant may apply to the Credentials Committee for an extension of time, and the Committee may, in its discretion, grant all or part of the extension applied for. 

Law Society counsel

2-93 The Executive Director must appoint an employee of the Society or retain another lawyer to represent the Society when

(a) a hearing is ordered under this division,

(b) a review is initiated under section 47 [Review on the record],

(c) an applicant appeals a decision to the Court of Appeal under section 48 [Appeal], or

(d) the Society is a respondent in any other action involving an application relating to sections 19 to 22 or this division.

Preliminary questions

2-94 (1) Before a hearing begins, the applicant or counsel for the Society may apply for the determination of a question relevant to the hearing by delivering to the President, and to the other party, written notice setting out the substance of the application and the grounds for it.

(2) [rescinded 06/2016]

(3) When an application is made under subrule (1), the President must do one of the following as appears to the President to be appropriate:

(a) appoint a panel to determine the question;

(b) refer the question to a pre-hearing conference;

(c) refer the question to the panel at the hearing of the application.

(4) The President may designate another Bencher to exercise the discretion under subrule (3).

(5) A panel appointed under subrule (3) (a) is not seized of the application or any question pertaining to the application other than that referred under that provision.

[(1) and (3) amended, (2) rescinded 06/2016]

Compelling witnesses and production of documents

2-95 (1) Before a hearing begins, the applicant or counsel for the Society may apply for an order under section 44 (4) [Witnesses] by delivering written notice setting out the substance of the application and the grounds for it to the President and to the other party.

(2) [rescinded 06/2016]

(3) When an application is made under subrule (1), after considering any submissions of counsel, the President must

(a) make the order requested or another order consistent with section 44 (4) [Witnesses] , or

(b) refuse the application.

(4) The President may designate another Bencher to make a decision under subrule (3).

(5) On the motion of the applicant or counsel for the Society, the President or another Bencher designated by the President may apply to the Supreme Court under section 44 (5) [Witnesses]to enforce an order made under subrule (3).

[(1) amended, (2) rescinded 06/2016]

Pre-hearing conference

2-96 (1) At the request of the applicant or counsel for the Society, or on his or her own initiative, the President may order a pre-hearing conference at any time before a hearing ordered under this division commences.

(2) When a conference has been ordered under subrule (1), the President must

(a) set the date, time and place of the conference, and

(b) designate a Bencher to preside at the conference.

(3) Counsel for the Society, and the applicant or applicant’s counsel or both, must be present at the conference.

(4) Any person may participate in a conference by telephone or by any other means of communication that allows all persons participating to hear each other, and a person so participating is present for the purpose of subrule (3).

(5) The conference must consider

(a) the possibility of agreement on facts in order to facilitate the hearing,

(b) the discovery and production of documents,

(c) the possibility that privilege or confidentiality might require that all or part of the hearing be closed to the public, or that exhibits and other evidence be excluded from public access,

(d) setting a date for the hearing,

(e) any application by counsel for the Society to withhold the identity or locating particulars of a witness, and

(f) any other matters that may aid in the disposition of the application.

(6) The Bencher presiding at a pre-hearing conference may

(a) adjourn the conference generally or to a specified date, time and place,

(b) order discovery and production of documents,

(c) set a date for the hearing, and

(d) allow or dismiss an application under subrule (5) (f). 

[(6) amended 04/2016]

Appointment of panel

2-97 When a hearing is ordered under this division, the President must appoint a panel in accordance with Rule 5-2 [Hearing panels]. 

Adjournment of hearing

2-98 (1) Before a hearing commences, the applicant or counsel for the Society may request that the hearing be adjourned by delivering written notice setting out the reasons for the request to the President and to the other party.

(2) [rescinded 06/2016]

(3) Before a hearing commences, the President must decide whether to grant the adjournment, with or without conditions, and advise the parties accordingly.

(4) The President may designate another Bencher to make a determination under subrule (3).

(5) After a hearing has commenced, the chair of the panel may adjourn the hearing, with or without conditions, generally or to a specified date, time and place.

[(5) amended 04/2016; (1) amended, (2) rescinded 06/2016]

Attendance at the hearing

2-99 Unless the chair of the panel otherwise orders, the applicant must personally attend the entire hearing.

Onus and burden of proof

2-100 (1) At a hearing under this division, the onus is on the applicant to satisfy the panel on the balance of probabilities that the applicant has met the requirements of section 19 (1) and this division.

(2) A panel must reject an application for enrolment if it considers that the applicant’s qualifications referred to in Rule 2-54 (2) [Enrolment in the admission program] are deficient. 

Procedure

2-101 (1) Following completion of the evidence, the panel must invite the applicant and counsel for the Society to make submissions on the issues to be decided by the panel.

(2) If the circumstances of the applicant have changed so as to make the outcome of the hearing moot, after hearing submissions on behalf of the Society and the applicant, the panel may do one of the following:

(a) adjourn the hearing generally;

(b) reject the application;

(c) commence or continue with the hearing.

(3) After hearing submissions under subrule (1), the panel must determine the facts and decide whether to

(a) grant the application,

(b) grant the application subject to conditions or limitations that the panel considers appropriate, or

(c) reject the application.

(4) The panel must prepare written reasons for its findings.

(5) A copy of the panel’s reasons prepared under subrule (4) must be delivered promptly to the applicant and counsel for the Society.

[(5) amended 06/2016]

Inactive applications

2-102 (1) When the Credentials Committee has ordered a hearing under this division and the applicant has taken no steps for one year to bring the application to a hearing, the application is deemed abandoned.

(2) When an application is abandoned under this rule, counsel for the Society may apply for an order that some or all of the funds paid under Rule 2-92 [Security for costs] as security for costs be retained by the Society.

(3) An application under subrule (2) is made by written notification of the following:

(a) the applicant;

(b) the President.

(4) On an application under subrule (3), the President may order that some or all of the funds deposited as security for costs be retained by the Society, and the remainder, if any, be refunded to the applicant.

(5) The President may designate another Bencher to make a determination under subrule (4).

[(3) amended 06/2016]

Publication of credentials decision

2-103 (1) Subject to Rule 2-104 [Anonymous publication], the Executive Director may publish and circulate to the profession a summary of the circumstances and of any final or interlocutory decision of a hearing panel or review board on an application under this division and the reasons given for the decision.

(2) If a disbarred lawyer is reinstated after a hearing, the Executive Director must publish and circulate to the profession a summary of the circumstances of the decision of the hearing panel and the reasons given for the decision.

(3) When a publication is allowed under subrule (1), the Executive Director may also publish generally

(a) a summary of the circumstances of the decision of the hearing panel or review board and the reasons given for the decision, or

(b) all or part of the written reasons for the decision.

(4) This rule must not be interpreted to permit the disclosure of any information subject to solicitor and client privilege or confidentiality.

Anonymous publication

2-104 (1) Except as required or allowed under this rule, a publication under Rule 2-103 [Publication of credentials decision] must identify the applicant.

(2) If the application that is the subject of the hearing is rejected, the publication must not identify the applicant unless the applicant consents in writing.

(3) The panel may order that publication not identify the applicant if

(a) the application is approved without conditions or limitations on the practice or articles of the applicant, and

(b) publication will cause grievous harm to the applicant or another identifiable individual that outweighs the interest of the public and the Society in full publication.

(4) An applicant may apply to the panel for an order under subrule (3)

(a) in writing or on the record in the course of a hearing, and

(b) no later than 7 days after the written decision is issued or oral reasons delivered.

(5) The Executive Director must not publish under Rule 2-103 [Publication of credentials decision] until

(a) 7 days after a written decision is issued or oral reasons given, unless the applicant waives the right to apply under subrule (4), or

(b) an application under subrule (4) is resolved or withdrawn. 

(6) If a panel orders that an applicant’s identity not be disclosed under subrule (3), the panel must state in writing the specific reasons for that decision.

(7) If, on a review of a panel decision rejecting an application, the review board approves the application, the applicant may apply to the Benchers under subrule (4), and subrules (3) to (6) apply as if the review board were a panel.

Division 3 – Fees and Assessments

Annual practising fees

2-105 (1) The annual practising fee and insurance fee are payable in respect of each calendar year.

(2) The date for payment of the annual practising fee and first insurance fee instalment is November 30 of the year preceding the year for which they are payable.

Assessments

2-106 (1) The Benchers may, by resolution, set a special assessment of all

(a) practising lawyers,

(b) practising lawyers and applicants,

(c) members of the Society, or

(d) members of the Society and applicants.

(2) A resolution under subrule (1) must set a date by which the assessment must be paid.

Application fees

2-107 On application from a person who has paid an application fee under these rules, the Executive Director may refund all or part of the fee if, in the view of the Executive Director, it is fair to make the refund in all the circumstances, including the extent to which Society resources have been expended to process the application for which the fee was paid.

Late payment

2-108 (1) A lawyer who fails to pay fees by the date required under Rule 2-105 [Annual practising fees] but pays all required fees before December 31 of the year preceding the year for which they are payable, together with the late payment fee under this rule, continues to be a member of the Society. 

(2) The Executive Director may extend the time for a lawyer or class of lawyers to pay fees or a special assessment and, if the lawyer pays

(a) the annual practising fee or special assessment by the date to which the time is extended, and

(b) the late payment fee under this rule,

the lawyer is deemed to be a member of the Society in good standing and to have been in good standing during the period of time that the lawyer’s fee or special assessment was unpaid.

(3) A lawyer, other than a retired or non-practising member, who has failed to pay the annual practising fee in accordance with Rule 2-105 [Annual practising fees], is required to pay the late payment fee for practising lawyers specified in Schedule 1.

(4) A retired member who has failed to pay the annual fee for retired members in accordance with Rule 2-4 [Retired members] is required to pay the late payment fee for retired members specified in Schedule 1.

(5) A non-practising member who has failed to pay the annual fee for non-practising members in accordance with Rule 2-3 [Non-practising members] is required to pay the late payment fee for non-practising members specified in Schedule 1.

(6) A lawyer who does not pay a special assessment by the date specified under Rule 2-106 (2) [Assessments] or extended under subrule (2) must pay a late payment fee of 20 per cent of the amount of the assessment.

(7) When there are special circumstances, the Executive Director may, in his or her discretion, waive or reduce a late payment fee payable under this rule.

Definition and application

2-109 (1) In Rules 2-109 to 2-113, “client matter” means any distinct matter on which a lawyer is retained to represent or advise a client, including but not limited to the following:

(a) a transaction of any kind;

(b) a claim or potential claim by or against the lawyer’s client;

(c) a proceeding.

(2) Rules 2-109 to 2-113 apply to client matters in connection with which a lawyer receives trust funds on or after March 1, 2005. 

Trust administration fee

2-110 (1) A lawyer must pay to the Society the trust administration fee specified in Schedule 1 for each client matter undertaken by the lawyer in connection with which the lawyer receives any money in trust, not including fees and retainers.

(2) Only one trust administration fee is payable in respect of a single client matter in which

(a) a lawyer represents joint clients, or

(b) more than one lawyer in a law firm acts.

(3) For each quarter year ending on the last day of March, June, September or December, a lawyer must remit the following to the Society within 30 days of the end of the quarter year to which they apply:

(a) trust administration fees that have become payable under subrule (1) during the quarter year;

(b) a completed trust administration report in a form approved by the Executive Committee.

Late payment of trust administration fee

2-111 A lawyer who fails to remit the trust administration fee and report by the time required under this rule must pay a late payment fee of 5 per cent of the amount due for each month or part of a month from the date the lawyer is required to remit the fee and report under Rule 2-110 (3) [Trust administration fee] until the fee, including the late payment fee, and the report are received by the Society.

Executive Director’s discretion

2-112 The Executive Director may

(a) decide what constitutes a client matter under Rule 2-109 [Definition and application], in individual cases, and

(b) extend or vary the time for remitting the trust administration fee and report under Rule 2-110 (3) [Trust administration fee].

Referral to Executive Committee

2-113 (1) The Executive Director may refer any matter for decision under Rule 2-112 [Executive Director’s discretion] to the Executive Committee, and the Committee may make any decision open to the Executive Director under that rule.

(2) At the written request of a lawyer affected by a decision made by the Executive Director under Rule 2-112 [Executive Director’s discretion] the Executive Director must refer the matter to the Executive Committee, and the Committee may

(a) confirm the decision of the Executive Director, or

(b) substitute its decision for that of the Executive Director.

Taxes payable

2-114 Any fee or assessment on which any government tax is payable is not paid unless that tax is also paid.

Refund when lawyer does not practise law

2-115 (1) A lawyer who has paid the annual fee for a year but who satisfies the Executive Director that the lawyer has totally abstained from practice in British Columbia during that year through disability, other than a suspension, is entitled to a refund of

(a) the difference between the practising fee set by the Benchers under section 23 (1) (a) [Annual fees and practising certificate] and the non-practising member fee specified in Schedule 1, and

(b) a portion of the annual insurance fee set under section 30 (3) (a) [Insurance], in an amount determined by the Executive Director.

(2) On payment of the refund under subrule (1), the lawyer

(a) immediately ceases to be qualified to practise law, and

(b) on compliance with Rule 2-3 [Non-practising members], becomes a non-practising member.

(3) A lawyer who qualifies under Rule 2-4 [Retired members] to be a retired member and complies with that rule may elect to become a retired member, rather than a non-practising member under subrule (2) (b), and receive a refund of the difference between the non-practising member fee and the retired member fee specified in Schedule 1, in addition to the refund under subrule (1).

[(1) amended 2015/09]

Refund on exemption during practice year

2-116 (1) A lawyer who has paid the annual insurance fee for a year and ceases to practise for any reason other than suspension or who becomes exempt under Rule 3-43 [Exemption from professional liability insurance] during that year, is entitled to a refund of a portion of the fee in an amount determined by the Executive Director.

(2) If a lawyer becomes a non-practising or retired member during a year for which the lawyer has paid the annual practising fee, the Executive Director must apply a prorated portion of the practising fee to the prorated non-practising or retired member fee and refund the difference, if any, to the lawyer.

(3) A lawyer who ceases practising law under any of the following circumstances is entitled to a refund of the unused portion of the annual practising fee, less the administration fee specified in Schedule 1:

(a) judicial appointment;

(b) death;

(c) total incapacity such that the lawyer is incapable of applying for non-practising status.

Failure to pay fine, costs or penalty

2-117 (1) The Executive Director must apply any money received from or on behalf of a lawyer or former lawyer to payment of the following due and owing by the lawyer or former lawyer before any fees or assessments:

(a) a fine;

(b) costs;

(c) a penalty;

(d) a deductible amount paid on behalf of the lawyer under the Society’s insurance program;

(e) reimbursement for payment made on behalf of the lawyer or former lawyer under trust protection insurance.

(2) If a lawyer fails to pay, by the time that it is required to be paid, any of the amounts referred to in subrule (1), the Credentials Committee may suspend the lawyer until the amount is paid.

(3) The Executive Director may approve the form of certificate to be filed in the Supreme Court under section 27 [Practice standards], 38 [Discipline hearings] or 46 [Costs].

[(1) amended 04/2017]

No refund on suspension

2-118 A lawyer who is suspended

(a) is not entitled to a refund of any part of the annual practising fee for the period of the suspension or any special assessment that the lawyer has paid, and

(b) must pay the annual practising fee or special assessment when it is due.