Law Society proceeds with litigation against Legal Professions Act after court declines to grant injunctive relief
In June 2024, the Law Society sought injunctive relief to suspend the operation of the transitional provisions and enjoin the Lieutenant Governor in Council from bringing the balance of the Legal Professions Act, S.B.C. 2024, c. 26 (the “Act”) into force, until such time as the constitutional challenge advanced by the Law Society in the Notice of Civil Claim could be heard.
In a decision released on July 17, 2024, Justice Gropper acknowledged that the Law Society has set out its constitutional challenges “clearly and forcibly” and that there is no doubt the Law Society has established a serious question to be tried. She concluded, however, that the balance of convenience does not favour an injunction at this stage, but noted that the Law Society could reapply if there is a material change in circumstances and it becomes realistic that (government) may bring the substantive provisions into force in the near future. Visit our website to learn more.
Offence Act amended to recognize Treaty First Nation laws in BC Provincial Court
On July 5, the BC government implemented treaty commitments from the Tsawwassen First Nation Final Agreement, Maa-nulth First Nations Final Agreement and Tla’amin Nation Final Agreement to recognize Treaty First Nation laws in the BC Provincial Court. Amendments were made to the Offence Act to clarify that individuals served with violation tickets issued under a Treaty First Nation law can dispute those tickets in the Provincial Court. These amendments are contained in BC Regulations 402/2024 and 403/2024 and were co-developed with the Treaty First Nations.
New Provincial Court Rules co-developed with Cowichan Tribes for child and family matters
Cowichan Tribes and the BC government have co-developed new Provincial Court Rules for child and family matters brought to the Court under an Indigenous law, Snuw’uy’ulhtst tu Quw’utsun Mustimuhw u’ tu Shhw’a’luqwa’a’ i’ Smun’eem [Laws of the Cowichan People for Families and Children]. The rules are part of a Coordination Agreement to see Cowichan Tribes assume full responsibility over child and family services for its citizens. The Rules reflect Cowichan Tribes’ right to exercise their self-determination and self-government, their inherent right and statutory right under former Bill C-92, An Act respecting First Nations, Inuit and Métis children, youth and families to exercise jurisdiction for their children, and establish processes that support the effective exercise of Indigenous jurisdiction over child and family services. On August 1, all the provisions of the Laws of the Cowichan People for Families and Children will be brought into force.
Amendments to the Code of Professional Conduct for BC
Amendments have been made to Appendix A to the Code of Professional Conduct for BCto account for the execution of affidavits and solemn declarations using electronic and video technology. Lawyers are responsible for ensuring that remotely commissioned documents are acceptable to the document recipient and, if so, the procedure set out in Appendix A may be used to discharge the lawyer’s ethical and professional obligations. Lawyers are reminded that the amendments to the Supreme Court Civil Rules and Supreme Court Family Rules regarding swearing or affirming an affidavit by video conference are not in force until September 9. Questions? Contact Practice Advice at practiceadvice@lsbc.org or 604.443.5797, or book an appointment.
BC Court Services announces redesigned provincial court family forms
New provincial court family forms will be available on the Court Services Branch forms web page on August 12. The forms have been redesigned to improve their clarity, effectiveness and usability, and to help enhance accessibility to the court. To learn more, watch this video about the redesign process. Feedback and questions can be submitted to JSB.FPLT@gov.bc.ca.
Attention wills and estates lawyers: First home savings accounts
The Ministry of the Attorney General has asked the Law Society to bring to lawyers’ attention that the current definition of "benefit plan" in the Wills, Estates and Succession Act (WESA) does not include First Home Savings Accounts (FHSAs). The Ministry advises that this matter is currently under review and that the earliest an amendment to the WESA could be made is during the next legislative session in Spring 2025. Under the WESA as currently in force, lawyers will want to consider specifically designating a beneficiary for FHSAs when drafting wills.
Law Society seeks lawyer mentors and supervisors
Looking to assist the profession? The Law Society is seeking lawyers who are interested in mentoring and supervising other lawyers who require supervision as a result of a regulatory matter. Interested and approved applicants will become part of a roster of lawyers that will be available on our website. The roster will be reviewed for ongoing suitability. Supervisors should have a minimum of 10 years experience as a practising lawyer and will be paid by the lawyer needing supervision. Contact Carolyn Anderson, Director of Intake, Early Resolution and Practice Standards at canderson@lsbc.org for more information.
Articling offers by downtown Vancouver firms to stay open until August 16
All offers of articling positions made in 2024 by law firms with offices in downtown Vancouver must remain open until 8 am on Friday, August 16. For more information, visit our website.
Important security changes coming to the Member Portal
In an effort to enhance the security of the Law Society’s Member Portal, two-factor authentication will soon be implemented during the log in process. This additional layer of protection is designed to safeguard your personal information and ensure the security of our website. Beginning this fall, you will be prompted to enter a verification code, which will be sent to your registered email address when you log in to the portal.
Benchers approve changes to election rules
At the July 5 Bencher meeting, the Bencher election rules were updated to make electronic voting the default process, to reduce the voting period to a minimum of one week and to allow the Executive Director to approve a lawyer's request to change voting districts. Visit our website for more information on these amendments.
Latest discipline news
Looking for the latest in discipline outcomes, including conduct review summaries and admitted discipline violations? Head to our Discipline Outcomes section to stay updated on the latest information. Tribunal information, including hearing dates and outcomes, can be found on the LSBC Tribunal website.
Practice support and resources
New video: Why lawyers need a succession plan
Every lawyer needs to plan for the unexpected. Lawyers have a professional obligation to clients to plan for interruptions in their practice, whether due to unexpected emergencies or a planned retirement. Small firms and sole practitioners are particularly vulnerable to gaps in coverage. A succession plan is the best way to protect your commitment to your clients, safeguard your practice and ensure your intentions for your business are met. Watch our new video to learn more about succession planning, the role of the Law Society’s custodian and how to protect your practice. Further questions can be directed to custodianship@lsbc.org.
Free online services from Courthouse Libraries BC
Lawyers and articling students can access a range of valuable online resources from Courthouse Libraries BC (CLBC). Use Court Services Online E-Search from any CLBC library’s public access computer to view case files and download documents for free. For more about CLBC free digital services, visit the Courthouse Libraries website.
Addressing discrimination in the legal profession
Discrimination and harassment are serious problems in workplaces, and the legal profession is not exempt. A recent study on the mental health and wellness of Canadian legal professionals revealed that Indigenous people, persons of colour, members of the LGBTQ2S+ communities and persons with disabilities are more likely to experience discrimination. To learn more and access resources, visit our website.
Ten top tips for client identification and verification
Read our 10 top tips to help lawyers identify and verify client identification and see other practice resources including FAQs, checklists, case studies and articles on the Client ID & verification webpage. If you have any questions, contact a practice advisor.
Law Society awards and contests
Congratulations to this year's gold medal winners
Each year, the Law Society awards gold medals to the students who achieved the highest cumulative grade point average over their three-year law degree program at Thompson Rivers University, the University of British Columbia and the University of Victoria. Congratulations to this year’s recipients: Vanessa Locke (TRU), Christopher Bantle (UBC) and Indigo Smart (UVic). Further information is available on the Awards and Scholarships page.
Read the winning Secondary School Essay Contest submissions
The Law Society congratulates essay contest winner Pui Chi (Gigi) Lau from Prince of Wales Secondary School in Vancouver and runner-up Anita Pan from York House School in Vancouver for their exceptional essays on the rule of law. The two winning essays are available on the Law Society’s website. Participants in this year’s contest were asked to write an essay on the greatest threat to the rule of law and the steps they can take to defend it. The 2024-2025 essay contest and topic will be revealed in the fall.
Latest from Lawyers Indemnity Fund
Vacation alerts and precautions
Cybercriminals target law firms during vacation periods by taking advantage of changes in the usual procedures due to a reduced workforce. Lawyers are continuing to be scammed by funds transfer frauds. We strongly recommend that you and your staff read this Notice to Lawyers to learn how to avoid funds transfer frauds and use our updated checklist for every payment.
Holds on trust cheques, certified cheques and bank drafts
Financial institutions have placed holds on trust cheques, certified cheques and bank drafts. A hold can cause issues with lawyers' undertakings and closings. Consider periodically reviewing your financial institution’s hold policy in your account agreement. Establish a relationship with your account manager and ask what factors the institution takes into account when placing a hold on an instrument. Read this resource with seven risk management tips to help reduce the risk of a hold.
Attention family lawyers: Claims hit an all-time high in 2023
Lawyers reported a record-breaking number of family claims last year, with increased settlor’s remorse claims and challenges to separation and family agreements. Given how emotionally-charged family law disputes can be, it is not surprising that family law lawyers are more likely than other lawyers to report to LIF because of a breakdown in managing client relationships. What can you do? Watch the below video of LIF Claims Counsel Richard Panton where he describes an actual claim against a family lawyer and how it could have been avoided. You will learn how to manage your client’s expectations and avoid a settlor’s remorse claim.
