News you need
Honouring the National Day for Truth and Reconciliation on September 30
The National Day for Truth and Reconciliation is a time to reflect and support those who were forced to attend Canada’s residential schools, honour the survivors and children who never returned home and raise awareness of the ongoing intergenerational impacts. September 30, designated as the National Day for Truth and Reconciliation and Orange Shirt Day, serves as a day for reflection and meaningful discussions about the intergenerational impacts and trauma stemming from the painful colonial history of residential schools. The Law Society office will be closed on this day, and we encourage everyone to take this opportunity to reflect on how we can collectively advance meaningful reconciliation.
Read about how you can participate in this important occasion.
New episode of LawCast BC: A conversation with Orange Shirt Society speaker Hank Adam
Ahead of the National Day for Truth and Reconciliation, we were honoured to speak with Hank Adam, an intergenerational residential school survivor and speaker with the Orange Shirt Society. The Orange Shirt Society was formed in 2015 to create awareness of the inter-generational impacts of Canada’s residential schools, to support reconciliation and to promote the truth that every child matters. In this episode, Hank Adam shares his story to raise awareness of the impact of residential schools and the painful legacy they have left behind, as well as suggestions for how the legal profession can advance Truth and Reconciliation. Please note this episode contains references to violence. Residential school survivors and their families can call 866.925.4419 for emotional crisis referral services and information on other health supports from the Government of Canada.
Listen here, on Spotify, Apple Podcasts or wherever you get your podcasts.
Annual General Meeting results
The Law Society held its annual general meeting virtually on Tuesday, September 24. The agenda included the consideration of five resolutions.
Learn more about the AGM results.
2023 Law Society Annual Report now available online
The Law Society of BC is pleased to share our 2023 Annual Report, which contains updates on our key priorities and accomplishments from the past year. This report discusses how the Law Society is advancing meaningful Truth and Reconciliation and Indigenous cultural safety, addressing gaps in mental health support and advocating for long-standing and emerging issues affecting the legal profession, including access to justice. The report also discusses how we are innovating through our core functions of licensing and regulating lawyers to uphold the ethical and competent practice of law.
Read the Law Society’s 2023 Annual Report.
2025 annual practice and indemnity fees approved
The Benchers have approved the 2025 practice fee and indemnity fee, as recommended by the Finance and Audit Committee. The total annual fee for full-time practising, indemnified lawyers for 2025 will be $4,121. The portion of the practice fee supporting the Law Society’s operations and strategic plan, along with key operational priorities, remains the same and there is a modest increase of $18 included in the practice fee from 2024 to fund external organizations. The full-time indemnity fee also remains the same at $1,800.
Read more about the 2025 fees.
Trust Administration Fee to increase from $15 to $20
The Law Society’s Trust Assurance Program plays a vital role in the protection of the public by monitoring lawyers’ use of trust accounts and their handling of clients’ trust funds. The Trust Administration Fee (TAF) funds the Trust Assurance Program and transfers funding to Part B Indemnification coverage, and has remained at $15 since 2014. However, the revenue from TAF has been declining, largely due to fewer real estate unit sales. In order to carry out the program’s important mandate, to cover the costs of the program and to continue to fund Part B Indemnification coverage, the TAF will increase from $15 to $20 per applicable transaction, effective January 1, 2025.
Find more information on the Trust Administration Fee increase.
Important security changes coming to the Member Portal
In an effort to enhance the security of the Law Society’s Member Portal, beginning in early 2025 two-factor authentication will be added to the log-in process. This additional layer of protection is designed to safeguard your personal information and ensure the security of our website. It’s important to ensure your registered email address is up to date in the member portal prior to implementation. The new login process will include entering a verification code that will be sent to your email address. Contact registration@lsbc.org if you are encountering issues logging in.
Amendments to the Supreme Court Civil and Family Rules
Effective September 9, 2024, the Supreme Court Civil Rules and the Supreme Court Family Rules were amended pursuant to OIC No. 378/2024. The amendments to Supreme Court Civil Rule 22-2(5) and Supreme Court Family Rule 10-4(5) incorporate a requirement for a commissioner for taking affidavits to print their name or affix their stamp below their signature on the jurat. The changes also incorporate a requirement for the various records and briefs that are filed with or submitted to the Supreme Court to include a cover page.
Read more on the BC Courts website.
Opportunities
2024 Bencher by-election in the County of Vancouver: Call for Nominations
A by-election will take place in the County of Vancouver (District No. 1) on Friday, November 15 to elect a Bencher for a one-year term to replace 2024 President Jeevyn Dhaliwal, KC. The nomination period is open and will close at 4:30 pm on Tuesday, October 15. To submit a nomination, complete and submit the relevant forms, which can be found on the elections webpage. More details regarding the Vancouver by-election are available on the Notice of By-Election and Call for Nominations. All those interested in running for election as a Bencher are encouraged to attend a virtual information session on Wednesday, October 9 from 1:30 to 2:00 pm. If you are interested in attending, please contact elections@lsbc.org.
Submit a nomination and learn more.
Seeking expressions of interest: 2025 Law Society Committees and Task Forces
The Law Society is seeking expressions of interest from individuals who wish to be considered for appointment to the Law Society’s 2025 Committees and Task Forces for a one-year term starting January 1, 2025. To apply, review the information about each of the Law Society’s committees and task forces and submit an application form and supporting resume online, along with an explanation of why you are interested in the opportunity. The deadline for applications is 5 pm on Wednesday, October 30, 2024.
Learn more about the opportunity.
Continuing Legal Education Society of BC seeking board members in Prince Rupert County
The Law Society is seeking expressions of interest from practising lawyers in Prince Rupert County who wish to be considered as a Law Society appointee to the Continuing Legal Education Society of British Columbia (CLEBC) Board of Directors for a three-year term beginning January 1, 2025. Eligible lawyers interested in serving on the CLEBC Board of Directors are invited to submit an application form and supporting resume online, along with an explanation of how they meet the requested criteria. The deadline for applications is 4:30 pm, Thursday, October 31, 2024. For more information about the appointments process and requirements for each board position, see our Appointments Guidebook.
Learn more about the opportunity.
Call for conference support proposals: Law Commission of Canada
The Law Commission of Canada (LCC) invites proposals for financial support for conferences, seminars and other meetings that align with its mission of engaging Canadians in the ongoing and dynamic evolution of law. Financial contributions up to $10,000 will be made to the institution or organization responsible for hosting or organizing the event. The deadline to submit a proposal is November 1, 2024.
Read more on the LCC website.
Support and resources
Free anti-money laundering measures webinar available
A free, online webinar is now available to help lawyers comply with anti-money laundering rules and avoid being targeted by criminals, including those who seek to launder the proceeds of crime. The webinar counts for three hours of Continuing Professional Development credit.
Watch the webinar.
Updated discipline advisory: Client ID and verification
On August 6, the Law Society published an updated version of the February 8, 2018 discipline advisory on the subject of client identification and verification. Read the advisory on our website.
For more information, refer to the resources on the Client ID & Verification webpage, including Top 10 Tips, FAQs, checklists, free webinars and more.
Discipline advisory: Private lending
Real estate lawyers are encouraged to review the Law Society’s Discipline Advisory on private lending. While most private loans are legitimate, there is an increased risk of illegal activity with them, including fraud and money laundering. If you have concerns about acting for a client or lender with respect to a private loan and would like to discuss potential red flags before proceeding with the advancement of funds and registration of the mortgage, contact a Law Society practice advisor at practiceadvice@lsbc.org or call 604.443.5797.
Review the discipline advisory.
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.
Supervisory standards for legal support staff
As a lawyer, you may be working with support staff such as paralegals and legal assistants. It is important to maintain adequate supervisory standards to prevent the unauthorized practice of law.
Read our ten top tips for lawyers supervising staff.
LifeSpeak’s digital library has been expanded
The Law Society provides lawyers with access to LifeSpeak, a digital wellness platform that offers anonymous access to a range of resources and content, including a library of short, digestible videos, live Q&As with mental health experts and blog posts. The video library has been significantly expanded and now covers a wider range of wellness-related topics, including more resources on mental health and new content on issues such as grief, anger, resilience and the connection between stress and sleep.
Learn more on the Lawyer Well-Being Hub.
Latest from Lawyers Indemnity Fund
Limitations and deadlines quick reference list
The limitations and deadlines quick reference list has been updated. It was initially created after a lawyer, who missed the 10-day appeal period under the Bankruptcy and Insolvency Act (believing it was 30 days), suggested that LIF post notice of very short deadlines on our website. We took that suggestion to heart. The list is provided for reference only and should not replace review of the relevant legislation.
View the limitations and deadlines quick reference list.
In case you missed it: Four BC firms hit as cybercriminals ramp up attacks
Read our recent Notice to Lawyers to learn more about the two ransomware attacks and two funds transfer frauds that hit BC firms.
What can you do? Awareness, vigilance and training are key to cyber security. Here’s a summary of the key points from our Notice to Lawyers:
- Awareness and training: Educate yourself and your staff about preventing and detecting cyber fraud. Ensure all staff read the Notices we send out.
- Funds transfer verification: Implement a robust verification process. Never use the contact information provided in the instructing email (or confirming letter), and use our checklist. If you are not personally making the phone call to verify instructions, review a completed checklist on every payment before the funds leave your account.
- Avoid email verification: Do not rely on email communication to complete the secondary verification because — as we have seen — the email purportedly from your assistant confirming that verification has been completed may actually come from the fraudster.
- Network security:Make your computer network as secure as you can. Ask your IT professional about security, including:
- Regular vulnerability testing — Have your IT professional test your network’s security.
- Coalition Control — Use this program to actively monitor your risks.
- Multi-factor authentication — Use two forms of authentication to protect access.
- Routine backups — Regularly back up data to a secure, separate location.
- Email security — Consider measures such as SPF, DKIM, DMARC and anti-phishing solutions to protect against email-based attacks.
- Password management — Create strong, unique passwords for each account, change them regularly and use a password manager.
- Insurance: Ensure that your firm has network security and privacy liability insurance, either through Coalition or on your own (or a combination of both). In addition to the financial benefit insurance provides, the specialized guidance from the insurer in the immediate aftermath of a security or privacy breach can be invaluable because the experience can be terrifying.
Find additional information about funds transfer frauds on our website.
