Bencher, transitional board changes following judicial appointment
The provincial government announced the appointment of Law Society Bencher Brian Dybwad to the Provincial Court, effective March 21. We extend our congratulations to Judge Dybwad on his appointment and thank him for his meaningful contributions to the Law Society. Per the Law Society rules, Judge Dybwad is no longer a Bencher and a by-election will be held to elect a new Bencher in the County of Nanaimo. Judge Dybwad was also one of the Law Society appointees to the Transitional Board and the Transitional Indigenous council, established by the Legal Professions Act. The Law Society will be making a new appointment to fill the vacancy in the coming weeks.
Multi-factor authentication now required to log in to Member Portal
Multi-factor authentication (MFA) is now required to log in to the Member Portal. After entering your username and password, you will be required to either enter a verification code sent to your registered email or answer two security questions that you have previously set up.
The Continuing Legal Education Society of BC, in partnership with the Law Society of BC, invite you to attend the Mental Health Forum on May 7. This virtual event will explore mental health in the legal profession and provide practical strategies for well-being. Join us as we continue the conversation to promote mental wellness in the legal community.
The Law Society Award honours exceptional individuals who have made significant contributions to the legal profession in BC. Lawyers are encouraged to nominate a candidate before April 30. For more information, including how to submit a nomination, visit our website.
Article: Trump’s disregard for rule of law highlights fight for independence in B.C.
U.S. President Donald Trump’s direct disregard for the rule of law and lawyer independence has sent shock waves through the international legal community. His recent executive orders against law firms are concerning and highlight why the Law Society of BC is challenging the constitutionality of the Legal Professions Act.
Law Society named one of BC’s Top Employers for fourth consecutive year
The Law Society of BC is proud to be recognized as one of BC’s Top Employers for the fourth year in a row. This recognition underscores the commitment, integrity and excellent work of our talented staff whose dedication upholds the organization’s mandate: to protect the public interest by regulating the legal profession.
To read the latest discipline outcomes, including conduct review summaries and admitted discipline violations, head to our Discipline Outcomes section. You can read summaries of discipline outcomes in our news section.
Support and resources
A bright-line rule: Trust account only for legal services (Rule 3-58.1)
A new Discipline Advisory released on March 20 highlights the decision of the Review Board in relation to the application of Rule 3.58.1(1) and the repercussions for lawyers if they allow their trust accounts to be used improperly. The Law Society takes its role in combatting money laundering and other illegal activity seriously. Legal services generally mean the application of legal principle and legal judgment to the circumstances or objectives of a person or entity. If funds are deposited into trust, the lawyer or law firm must provide legal services that are directly related to those funds.
Lawyers are reminded to indicate in the preamble and the jurat of an affidavit whether the affiant is swearing or affirming that the contents of the affidavit are true. The issue appears to flow from the use of boilerplate language, such as “I, [affiant], [address], swear (or affirm),” and forgetting to indicate which method the affiant has chosen.
Canada lists more transnational criminal organizations as terrorist entities
The Federal government announced on February 20 that it added seven criminal organizations as terrorist entities under the Criminal Code. Lawyers should be aware that such organizations may attempt to retain them for legal services such as acting on transactions. It is an offence to knowingly participate in or contribute to, directly or indirectly, any activity of any terrorist group for the purpose of enhancing the ability of any terrorist group to facilitate or carry out a terrorist activity. Several Criminal Code sections address conduct relating to terrorist groups (e.g., see sections 83.18(1) to (4) and 83.19 (1) and (2)).
A free, online webinar, updated to take the 2024 rule changes into account, is available to help lawyers comply with anti-money laundering (AML) obligations and avoid being targeted by criminals, including those who seek to launder the proceeds of crime. The webinar is eligible for three hours of CPD credit. See the Client ID & Verification and AML Risk Management page for more resources.
Most Land Title and Survey Authority of British Columbia (LTSA) fees will increase as of April 1. LTSA uses revenue from fees to cover operational costs and address the impact of inflation.
The Law Commission of Canada (LCC) is calling for applications from potential contributors to Part III of a multi-authored project focused on charity and law in Canada. Contributions will take the form of original papers, written in English or French. Authors will be invited to become Associates of the LCC, and $10,000 will be provided for each completed paper. Applications are due March 31. Questions and applications can be directed to projects-projets@lcc-cdc.gc.ca.
Court of Appeal seeks feedback on Criminal Appeal Rules and other processes
As part of its criminal rules reform initiative, the Court of Appeal for BC is inviting feedback from legal professionals on its Criminal Appeal Rules, Practice Directives, and related processes. They have prepared a discussion paper, which includes a summary of the current framework and details on how to participate in this consultation. Feedback and comments can be provided by email to CACriminalRules@bccourts.ca with the subject line “Criminal Rules Consultation” or anonymously online. The consultation period will be open until May 2.
We receive many calls from lawyers reporting claims arising from real estate, commercial and lending transactions. As we talk through the situation, it often becomes clear that the problem is that the lawyer does not know who their client is and has walked right into a conflict between two or more parties.
This problem is more common than you think. You may be asking, “how can this happen?”
In this three-minute video, LIF Claims Counsel Surindar Nijjar describes one of these situations involving a real estate development matter, including how the conflict arose, and how it could have been avoided.
March is fraud prevention month: Key risks every lawyer needs to know about
Fraud is on the rise. Scammers are becoming increasingly sophisticated and it is critical that we stay vigilant in protecting ourselves, our clients and our practices. Read our recent Notice to Lawyers to learn about common frauds targeting lawyers and how you can protect yourself.
