Client ID & Verification

Client identification and verification rules

Go to Client ID & Verification – Frequently asked questions

A lawyer is obligated to know his or her client, to understand the client’s financial dealings in relation to the retainer, and to manage any risks arising from the professional business relationship with the client. Law Society Rules, Part 3, Division 11, Rules 3-98 to 3-110 require lawyers to follow client identification and verification procedures when retained by a client to provide legal services. There are six main requirements:

1. Identify the client (Rule 3-100).
2. Verify the client’s ID if there is a “financial transaction” (Rules 3-102 to 3-106).
3. Obtain from the client and record, with the applicable date, information about the source of money if there is a “financial transaction” (Rules 3-102(1)(a), 3-103(4)(b)(ii), and 3-110(1)(a)(ii)) effective January 1, 2020).
4. Maintain and retain records (Rule 3-107).
5. Withdraw if you know or ought to know that you would be assisting in fraud or other illegal conduct (Rule 3-109).
6. Monitor the lawyer/client professional business relationship periodically while retained in respect of a “financial transaction” and keep a dated record of the measures taken and information obtained (new Rule 3-110 effective January 1, 2020).

If you have questions regarding the rules, you are welcome to contact a practice advisor (practiceadvice@lsbc.org or 604.443.5797).

Guidance during the COVID-19 pandemic

For this extraordinary period of serious public health concerns with in-person meetings, the Law Society has provided guidance about using a virtual means to verify the identity of an individual located in Canada under unique circumstances. This virtual means is limited to situations where lawyers are unable to avail themselves of any of the verification methods provided for in the existing rules.

For detailed information, lawyers are encouraged to read Knowing your client - Guidance and rules during COVID-19 in the Summer 2020 Benchers' Bulletin (pp. 18 -21).

Frequently asked questions