|
Amending the Legal Profession Act
|
|
|
As the regulator of the legal profession in Alberta we support lawyers who are striving to provide much needed legal services, but we know there are still many unmet legal needs. We believe a democratic society needs access to services that help maintain stability and preserve the rule of law.
The Law Society is concerned about access to legal services for all Albertans and is working on several strategies within our
2017-2019 Strategic Plan to give us more flexibility in how we regulate and how we allow lawyers to deliver legal services.
Seeking Flexible Legislation
We have been in discussions with the Government of Alberta about modernizing our governing statute, the
Legal Profession Act. While the Act has been amended a few times since 1907, many of its principles are outdated and do not reflect the current challenges facing the legal profession and the delivery of legal services that are needed.
We need an Act that allows us to modernize the structure and work of the Law Society, giving us the ability to enable other legal service delivery models, to strengthen our governance and adjudicative processes and to improve the diversity of our Board. The amendments we are seeking will not bind us to specific models but will allow the Law Society’s future Board tables to develop rules to address key issues over time and be responsive to an evolving legal marketplace.
Engagement and Decision Making
Our success as a regulator comes directly from our actions and this includes promoting an understanding of our work. We are committed to holding discussions with both the public and the profession about what the future may look like. We will share more information as it becomes available. We look forward to discussing these important issues with you in the coming months.
The Result
We believe that amendments to the
Legal Profession Act will allow the Law Society to change the way it conducts its work as a regulator, including improving the efficiency and effectiveness of its processes.
|
|
|
Reminder: Declare Your CPD Plan Before September 30
|
|
|
Failure to develop and declare a CPD plan will result in an administrative suspension.
Questions? Email
CPD or call 403.229.4766.
|
|
|
SoloNet
is an online network for sole and small practitioners to share professional knowledge, ideas and experience.
How do lawyers use SoloNet?
·
To share practice advice, fraud tips, risk assessment advice, etc.
·
To discuss experiences, problems, ideas, etc. with lawyers in similar practice settings
·
As a resource for law-related professional referrals
If you are practicing on your own, in a smaller firm anywhere in Alberta, or are a student completing your articles with a small firm or sole practitioner, you can
request to join SoloNet
.
With an expanding user base and hundreds of postings each year, we recently redeveloped the platform to house an expanding online community.
While the Law Society hosts SoloNet as a proactive resource, forum discussions remain independent of the regulatory function of the Law Society of Alberta and are not monitored. The
Office of the Practice Advisor
acts as a conduit, as necessary, if there is important information or collective feedback that needs to be shared.
If you have any questions, please
email us
.
|
|
|
Attention Responsible Lawyers: What You Need to Know About Trust Shortages and Reporting Obligations
|
|
|
A trust shortage occurs when more funds are paid out on a client matter than what is available to the credit of that particular client. Although the trust account may have a positive balance, it may be short with regards to a specific client. Trust shortages are a serious matter and can move very quickly from a small problem to a big problem for the Responsible Lawyer. Our Trust Safety staff are here to assist you. Should a shortage occur, call us at 403.228.5632 and we will work with you so that you can meet your reporting obligations as quickly and efficiently as possible. We have provided a typical example of how a trust shortage can occur below;
|
|
|
Client A gives you $10,000 in trust. Client B gives you $21,000 in trust and Client C gives you $18,000. Assuming that these are the only three clients, you now have $49,000 in trust. Client B asks you to make a payment out of trust in the amount of $25,000 and you do so. By doing this, you have now created a shortage under Client B’s trust ledger in the amount of $4,000. Why? Client B only had $21,000, yet you paid out $25,000. So, even though you still have a positive balance in your trust account of $24,000 ($49,000 - $25,000 = $24,000), it is considered a shortage. Since Client B did not have enough funds under his ledger card to make the payment, you ended up using some of Client A and Client C’s funds towards Client B’s payment.
Causes
A trust shortage can be caused by:
- Deposit to, or payment from, the wrong account e.g. general, operating or personal account
- Overpayment from the trust account
- Bank service charges
- Financial institution errors
- Holds / restrictions on deposits
- Insufficient funds (NSF)
- Counterfeit / fraudulent cheque
- Misappropriation of trust funds
The Rule
Rule 119.24(1) of the
Rules of the Law Society of Alberta requires that a lawyer must, at all times, maintain sufficient funds on deposit in each trust account to meet all of his or her obligations to clients.
Obligation
If the Responsible Lawyer becomes aware of a shortage situation, he or she is required to immediately self-report to the Law Society when:
- A shortage exists that cannot be attributed to a client file and is greater than $50 or not corrected within 30 days, or
- A shortage exists on a client file and
- The law firm does not correct the deficiency within 7 days of the time the shortage arose, and/or
- The deficiency is an amount greater than $2,500, regardless of when the deficiency is corrected.
What do I do if a Trust Shortage Occurs?
- Complete the Trust Account and Client Ledger Shortage Form. The shortage report should be signed by the Responsible Lawyer and not by the lawyer responsible for the file, except in the case that the Responsible Lawyer is the lawyer responsible for the file.
- Once the form is completed, attach with the Client Trust Ledger Card, Bank Statement and any other applicable document(s) evidencing the correction of shortage and send via email to Trust Safety
Questions?
Email us
or call 403.228.5632. We are here to help.
It’s all about Trust: Assurance ? Insight ? Objectivity
Supporting Responsible Lawyers one law firm at a time.
|
|
|
ECLC's Legal Advice-A-Thon
|
|
The Edmonton Community Legal Centre's Legal Advice-A-Thon is on Saturday, Sept 23 at Edmonton City Hall. They need 60 Edmonton lawyers to volunteer to give legal advice in all areas of law, especially family, immigration and civil lawyers. To volunteer, please call 780.702.1725 ext. 285, or email
Giselle. For more information click
here.
|
|
|
Law Society of Alberta Career Opportunity - Tribunal Counsel
|
|
The Tribunal Counsel manages the Law Society’s Tribunal Office and is responsible for providing adjudication support and training as well as overall department management. The Tribunal Counsel supports a variety of tribunals, overseeing the initiation of the hearing process, and providing support during the hearings and during the decision-making process. The Tribunal Counsel also assists adjudicators to develop well-written, consistent and sound decisions. The ideal candidate would be a lawyer with 10-15 years at the Bar with a thorough knowledge of administrative law, all regulatory processes and ethical standards of the Law Society, as set forth in the
Legal Profession Act
, Rules of the Law Society of Alberta and the Code of Conduct. Additionally, proven experience working with adjudicative and/or administrative tribunals and the ability to understand business processes and the day-to-day work required to manage tribunals is essential.
|
|
|
|
|
|
|
