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Viscount Bennett Scholarship - Supporting Post-Graduate Studies in Common Law

The Right Honourable Viscount Bennett, PC, KC, LLD, DCL, sought to encourage a high standard of legal education, training and excellence. In 1943, he established a trust fund with 100 shares of Royal Bank stock, valued at $100 per share. The value has increased significantly, allowing the Viscount Scholarship Selection Committee (Committee) to award up to three scholarships annually.

An award of up to $20,000 may be paid annually to provide for post-graduate studies in an institution of higher learning, in common law, approved by the Committee.

Applicants must be law graduates, articling students or members of the Law Society of Alberta, ordinarily resident in, or if not presently resident in, then with an express intention to return to Alberta.

View more details and application information.
 
 
 
 
 

Reminder: 2017 Continuing Professional Development (CPD) Changes

This is a reminder of two key changes to CPD in 2017:

Declaration Period Change

To better support lawyers in their planning efforts, the CPD declaration period opens on July 1, with a deadline of September 30. This coordinates the planning cycle with the traditional education calendar so lawyers have an opportunity to review the Legal Education Society of Alberta (LESA) course offerings for the upcoming year and the Canadian Bar Association (CBA) – Alberta Branch subsection memberships and conference offerings as they develop their CPD plan. This does not preclude lawyers from exploring other professional development opportunities outside of course offerings and subsection meetings. Lawyers are still encouraged to select professional development opportunities that best meet their needs and learning preferences.

This change in timing to the CPD program should ease the current pressure on lawyers early in the calendar year to meet their regulatory filing deadlines and their CPD plan obligations.

Administrative Suspension

Beginning in 2017, lawyers who do not develop and declare a CPD plan by the September 30 deadline will be administratively suspended. This suspension can be quickly remedied by developing and declaring a CPD plan and completing the administrative suspension reinstatement process.

In 2012, the Law Society conducted a review of the CPD program and received feedback from lawyers that the program requires accountability. While the Law Society tracks lawyers who do not complete the mandatory CPD plan development and declaration process, there has been no consequence for the failure to declare.

The Law Society is accountable to the public to ensure lawyers are qualified and competent throughout their career. The lack of consequence has, therefore, been an issue for a number of years. Canada’s other law societies and many regulators of other professions have suspensions for failure to complete continuing professional development requirements. While Alberta’s CPD plan declaration rates have increased over the past three years, they are below those of other provinces where penalties exist.

The Law Society is aware of the Sidney Green v. Law Society of Manitoba hearing that went before the Supreme Court of Canada in November 2016. This case centers on mandatory CPD training hours and administrative suspensions for non-compliance. We are watching the development of this case and will thoroughly review the decision, when released.

Transition Period

The CPD plans declared by lawyers in March 2016 will be active to the end of the new planning cycle on September 30, 2017. While lawyers are not required to develop a plan for the six month gap, we encourage all lawyers to revisit their CPD plans in the Lawyer Portal and make use of the reflection boxes to address professional development over the March to September 2017 time period.

Background

CPD was introduced in Alberta in 2008. Though the program has always been mandatory, it does not have an hourly requirement. The program provides flexibility for lawyers to self-assess their needs, learning preferences and goals.

Over the years, the program has undergone several changes, including the mandatory template introduced in 2016 on the Lawyer Portal. This template provides lawyers with guidance to self-assess in six competency areas to ensure the development of a well thought-out and developed plan.

We are confident that the 2017 CPD program improvements will better support lawyers in their ongoing development. Our CPD team will continue to work with lawyers, as needed, to assist them in meeting their CPD obligations and can be reached at cpd@lawsociety.ab.ca or 403.229.4766.         

 
 
 
 
 

Changes to the Rules and Code of Conduct

Rule 23.1 – Adjudicators

With the new pool of non-Bencher adjudicators available for hearing committees, there are consequential amendments that need to be considered. Rule 23.1 sets out restrictions on representation in proceedings adjudicated by the society. This rule requires amendments to set the same restrictions on non-Bencher adjudicators as set on non-Bencher committee members and Benchers. Additionally, the eight year restriction on Past Presidents has been revisited and all restrictions are now set at three years.

Bencher Elections & Boundary Changes

The 2017 Bencher Election is quickly approaching and the date has been set as Wednesday, November 15, 2017. In accordance with the Legal Profession Act and the Rules of the Law Society of Alberta, additional information will be sent out, as required, commencing in June. Rule amendments have been made to clean up the election provisions in the Rules. One important change to note is that the election boundaries have changed. This will reduce nominee and voter confusion about boundary areas.

Alberta has three districts, for election purposes. These are the North, Central and South Districts. The cities of Calgary and Edmonton are excluded from these Districts. Nominees in each of the Districts are eligible to be elected as the District representative for the area. Following voting, these representatives are determined. Nominees not elected as the District Representative are then included in the larger pool of general candidates, which includes Calgary and Edmonton.

Previously, the Calgary and Edmonton exclusion included the area lying within 35 km of the boundaries of each city. This is no longer the case. The exclusion now applies only to the cities, themselves. Individuals living and practicing in the small communities that were captured by the 35 km radius, will now be considered for District candidacy. Note that you must both live and practice outside Calgary and Edmonton to qualify as an eligible candidate in the District.

The changes being made to the Bencher Election Rules are intended as an attempt to increase diversity and improve the quality and transparency of the information available to members of the profession in making their important election decisions.

Rule 149.4 – Trust Safety Insurance – ALIA Investigations 

Rule 149.4 is being amended to clarify the language in the Rules. The previous language was reflective of the previous Assurance Fund program and needed to be updated to reflect the new Trust Safety Insurance program. The Rule amendment recognizes and clarifies that ALIA’s claim files exist separate and apart from the LSA’s conduct files and that ALIA undertakes its own investigations into claims files under the Trust Safety Insurance provisions of the insurance policy.

Membership and Articling Application Improvements

As the Law Society continues to improve its practices and move many of its processes online, updates are required to the Rules to facilitate the transition. References to specific forms have been removed, as these applications will not appear in the traditional paper format online. In conjunction with this, improvements are being made to the information collected.

We are clarifying our name provisions to ensure that preferred and previous names are fully captured, whether a formal name change has been made or not. This will assist us with lawyer identification, as well as character evaluations. As part of the improvements in this area, we will require a Criminal Record Check and will no longer require character references. While we can all appreciate character references in a hiring context, the Law Society only receives positive references with application forms. This does not assist in the determination of character. We have a number of specific questions on our application forms that more appropriately assist us in the determination of character and we continue to evaluate the responses to those questions in our assessments.

We are also improving our practices related to personal identity and are making two changes in this area. We are asking individuals to identify their preferred honorific, or title, so that we are addressing lawyers appropriately in formal communications. We recognize that we currently assess gender based on the biological sex noted on the identification document we receive at the time of application. To more accurately and appropriately reflect individual identities, we will now allow individuals to self-identify their gender. This information is collected for statistical purposes and program delivery.

In time, all lawyers will see this information requested in the lawyer information section of the online Lawyer Portal. Honorifics include Mr., Mrs., Ms., Miss., Mx. and Dr. Individuals will be able to self-identify as man, woman, or trans*. There will also be an option for those who prefer not to disclose their gender identity. While we recognize that there are a significant number of gender identities, we have selected trans* as our starting point for those who do not identify within the binary cisgender categories.

The statistical information resulting from this change will enable the Law Society to more accurately and appropriately assess the diversity of the profession in the future, while respecting our lawyers’ personal identities and expressions and their choices relating to disclosure.

Code of Conduct Changes

At their February meeting, the Benchers approved changes to Rules 5.3-2, 5.4-1 and 5.4-2 of the Code of Conduct. These rules address ethical considerations when communicating with witnesses.

The amendments to Rule 5.3-2 are minor in nature, and intended to bring the Rule more in line with the wording in the Federation’s Model Code. The Alberta Code of Conduct continues to contain certain provisions which are essential to litigation practice in Alberta. For example, the commentary continues to provide guidance with regard to communicating with experts.

New Rules 5.4-1 and 5.4-2 replace the old rules which governed communication with witnesses under oath.  The amendments mirror recent amendments to the Federation’s Model Code, effective March 2016.

Rule 5.4-2 continues to prohibit the obstruction of an examination or cross-examination of a witness under oath. New Rule 5.4-1 prohibits witness coaching. It states:

A lawyer must not influence a witness or potential witness to give evidence that is false, misleading or evasive.

The old rules governing communication with witnesses under oath were removed from the Federation’s Model Code, in recognition of the wide range of practices which have developed across the country. The key underlying principle of the established practices and of all relevant Canadian ethical and procedural rules is the prohibition of coaching and witness tampering. The new rule is intended to be consistent with litigation practice across the country and will facilitate mobility of Canadian lawyers.

New commentary provides guidance for witness communication and preparation, and clarifies that the principles apply to oral and written evidence and statements. 

Please contact the Practice Advisors if you have any questions.

 

 
 
 
 
 

Legal Aid Alberta Board of Directors Vacancies


Legal Aid Alberta is currently recruiting candidates to fill three vacancies on its Board of Directors. Read more.

 
 
 
 
 

Invitation for Applications for Nunavut Judicial Vacancies


There are presently two vacancies on the Nunavut Court of Justice Bench. Lawyers with 10 years at a bar of the provinces or territories are eligible to apply. Read more.

 
 
 
 
 

New Alberta Law Reform Institute Report Available


 
 
 
 

 
 
 
 

Rule 119.16(3): Interest Earned on a Pooled Trust Account


When a lawyer or law firm opens a pooled trust account, the Legal Profession Act and the Rules require that the lawyer provide a direction to the financial institution instructing it to pay the interest on the account to the Alberta Law Foundation. (Legal Profession Act Section 126(1) and or Law society of Alberta Rule 119.16(3)) As part of the Law Society’s trust compliance audit, it reviews whether the lawyer or law firm has provided this direction to the financial institution.


By providing the appropriate direction to your financial institution, you can ensure compliance with the Act and Rules, and also support the Alberta Law Foundation (ALF) in its efforts to increase access to justice in Alberta.


The Alberta Law Foundation (ALF) was created under the Legal Profession Act in 1973 as a non-profit corporation. Its objectives are to support five main areas of endeavor:

1. Legal research and law reform
2.
Law libraries
3.
Public legal education
4.
Native peoples’ legal programs and direct legal assistance to vulnerable individuals
5.
Legal Aid Alberta (at least 25 per cent of ALF’s revenue must be paid to Legal Aid Alberta each year).


The fourth objective now makes up the bulk of ALF’s grants. Programs supported under this heading include Calgary Legal Guidance, Edmonton Community Legal Centre and similar community legal clinics across Alberta, student legal clinics at the law schools in Alberta, Native Counselling Services of Alberta, Pro Bono Law Alberta and a host of other non-profit organizations that provide information, advice and assistance to low-income and otherwise disadvantaged individuals.


A number of province-wide programs that advance the administration of justice are funded under ALF’s first and second objects including the Alberta Law Reform Institute and the Alberta Law Libraries.

 

In 2015-2016, ALF approved $16.5 million in grants and allocated $3.3 million to Legal Aid Alberta.


The interest that financial institutions pay on lawyers’ pooled trust accounts is ALF’s primary source of revenue. If the bank does not receive the direction from the lawyer, then ALF will not receive the interest. If ALF does not receive the interest on all these pooled trust accounts, then it will have fewer resources to support the legal programs described above and realize its vision of accessible justice for all Albertans.


For more information about the Alberta Law Foundation, see its 2016 Annual Report.


A sample precedent letter to the bank regarding interest on pooled trust accounts is available on the Law Society’s website. This letter should be provided to each approved depository in which you maintain a pooled trust account. A copy should also be retained as part of the law firm's prescribed financial records.

 

If you have any questions about this Rule, please contact Trust Safety.

 

 
 
 
 
 

 
 
 
 

Retainer Refund Scam

ALIA has received reports from Alberta law firms which have been contacted by individuals purporting to be in custody and seeking a quotation for legal services. When the lawyer provides an estimate, the caller indicates that a family member will be paying the retainer. The family member then contacts the law firm and pays the retainer by credit card. Read more.

 
 
 
 
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  Law Society of Alberta
  Calgary Office
Suite 500, 919 11th Avenue SW
Calgary, Alberta T2R 1P3
Phone: 403-229-4700