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The practice of law in Canada
General Introduction
Admission to a Law Society
Foreign Lawyers
Members in good standing
Discipline and Conduct of Members
Continuing Legal Education (CLE)
Trust Funds
List of Canadian Law Societies

General introduction
The legal profession in Canada is governed by the laws, rules and regulations of the law society of which a lawyer is a member. There are 14 law societies in Canada, one for each of the 10 provinces and one for each of the 3 territories. The province of Québec has 2 law societies, thereby respecting the civil law tradition from France that governs the province. The Chambre des notaires du Québec governs the notarial profession within Québec, while the Barreau du Québec governs the lawyers. The other Canadian provinces and territories are governed by the common law tradition from England. Each law society is established by statute of the legislative assembly of its province or territory. The governing body of the legal profession in each of the common law jurisdiction is called a "law society" in every jurisdiction except in Nova Scotia where it is called a Barristers' Society.

Each law society is administered by a board of directors, generally known as Benchers or Members of Council. Benchers and Members of Council meet on a regular basis, usually monthly, bi-monthly or other. The benchers govern the affairs of the law society. The main responsibilities of the law societies include admissions to practice as lawyers within their society, the setting of professional standards for the legal profession, professional liability insurance, and the discipline of their members.

Each law society has a professional and support staff, headed by a Chief Executive Officer, Executive Director or Secretary. The staff varies from society to society, ranging from one staff person at the Law Society of Yukon to approximately 300 staff persons at the Law Society of Upper Canada (Ontario).

Admission to a Law Society
Generally speaking, an applicant as a student-at-law (also called "student member", "articled student" depending on the province or territory) in a Canadian law society must provide documentation which establishes that he or she is the holder of a law degree from a recognised Canadian university, typically a 3 year LL.B. degree, or a 3 year civil law degree if the student applies at the Barreau du Québec or the Chambre des notaires du Québec.

In order to be admitted as a student in a canadian law school, the applicant will most likely be required to hold an undergraduate degree, typically a recognised 4 year Bachelor degree. Therefore, the person who applies for membership in a Canadian law society has usually studied for a minimum of 7 years and has obtained 2 university degrees. The civil law faculties of the province of Québec do not require that the applicant hold a Bachelor degree for admission as a student.

As a student-at-law of a law society, he or she will complete an articling period, and will complete the governing body's professional legal training course of the province, including examinations. Both the articling period and the examination process vary from province to province.

Upon successful completion of the articling period and of the examination process of the law society, the student-at-law can apply for membership in the law society. Usually, the student-at-law will be required to demonstrate that he or she is of good character and repute and will be required to make a formal appearance to be "called to the bar" of that society.

The Law Society of Alberta, The Law Society of Saskatchewan, The Law Society of Upper Canada and The Law Society of Prince Edward Island require that their members be either Canadian citizens or permanent residents, as per the definition of the Federal Immigration Act. The Law Society of Newfoundland and Labrador requires that their members be residents of Canada.

Admission to law societies is regulated by the acts and rules of the law society. The following section 28 of the Legal Profession Act of British Columbia illustrates the requirements upon which the benchers can admit persons as solicitors of the Supreme Court of British Columbia:

The Law Society of British Columbia
Legal Profession Act, S.B.C. 1987, c. 25, section 28.(1)

Call and admission

28. (1) The benchers may call to the Bar of the Province and admit as a solicitor of the Supreme Court, any person who satisfies them that the person

(a) [Repealed 1993-31-11, effective November 1, 1993]
(b) is a person of good character and repute,
(c) is fit to become a barrister and a solicitor of the Supreme Court,
(d) has been enrolled on the books of the society as an articled student,
(e) has complied with the requirements of the benchers for articled students and the admission of members, and
(f) has paid

  • (i) a prorated practice fee under section 29 (1) (a),
  • (ii) all or part, as determined by the benchers, of
    • (A) the annual insurance fee under section 24 (2) (n), and
    • (B) the sum referred to in section 29 (1) (b), and
  • (iii) a call and admission fee in an amount that the benchers may fix.
Foreign Lawyers
Foreign lawyers who wish to become members to Canadian Law Societies must apply to the National Committee on Accreditation for an evaluation of their legal credentials and experience. The NCA was established through the joint efforts of the Council of Canadian Law Deans and the Federation to evaluate credentials of persons applying from outside Canada for admission to one of the Canadian Law Societies and to evaluate degrees from the province of Québec for the purposes of entry into the bars of the common law provinces.

The National Committee on Accreditation does not evaluate credentials for lawyers who want to apply to the Barreau du Québec or the Chambre des notaires du Québec.

Members in good standing
Members of Canadian Law Societies must maintain a status of good standing which is contingent upon a number of requirements which usually are the following:
  • Pay an annual practice fee to the Law Society

    Law Societies require that their members pay an annual practice fee in order to maintain their membership with the society. The fees vary from province to province. Some Law Societies allow members to pay part-time fees. Most Law Societies have different categories of members with different fees. Non-payment of fees can lead to suspension of the license and disbarment.

  • Pay an annual insurance fee to the Law Society

    Every lawyer in Canada who provides legal services to the public is required to be insured against professional negligence. In each province and territory, the governing body administers a group liability insurance program. All compulsory programs provide at least $1,000,000 coverage for each claim. The Barreau du Québec provides coverage of $5,000,000 for each claim. Lawyers and law firms often purchase excess insurance coverage for extra protection.

  • Pay other mandatory annual fees to the Law Society

    Other fees, relating to libraries, legal aid, compensation fund, etc., are imposed by some law societies. These fees vary from society to society.

Discipline and Conduct of Members
The conduct of lawyers is governed by a provincial or territorial Professional Conduct Handbook, to the exception of the law societies of Prince Edward Island, Newfoundland, and the Northwest Territories who have adopted the Code of Professional Conduct of the Canadian Bar Association. Each lawyer is bound to comply with his or her governing body's code of conduct. The codes set out detailed rules of what constitutes ethical and unethical conduct.

Each governing body has established a procedure for investigating complaints of professional misconduct, and for taking disciplinary action when appropriate. The investigation can lead to the holding of a disciplinary hearing. Law societies have the authority to impose fines, suspend the member from practising, impose conditions on the member's practice, or disbar the member.

Continuing Legal Education (CLE)
Most governing bodies offer continuing legal education courses on a wide range of substantive law, procedure and legal skills topics. Attendance at CLE courses is not mandatory, although some law societies offer financial incentives to encourage attendance. Whether CLE should be mandatory has recently been the subject of studies in a few law societies.

Trust Funds
In commercial and real estate transactions and in litigation matters, lawyers typically hold client funds in trust pending completion of the transaction of the law suit. Law Societies have strict rules respecting the receipt, deposit, transfer and payment out of clients' trust funds, and the types of trust accounting records which must be maintained. Law Societies maintain a compensation fund which is available to compensate clients who suffer a financial loss because of their lawyer's mishandling or theft of trust funds.

List of Canadian Law Societies (from west to east)

Law Society of British Columbia
Law Society of Alberta
Law Society of Saskatchewan
Law Society of Manitoba
Law Society of Upper Canada
Barreau du Québec
Chambre des notaires du Québec
Nova Scotia Barristers' Society
Law Society of New Brunswick
Law Society of Prince Edward Island
Law Society of Newfoundland and Labrador
Law Society of Yukon
Law Society of the Northwest Territories
Law Society of Nunavut
Federation President speaks out in the Globe and Mail on lawyer regulation
Posted on August 13, 2007

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