4th Session, 40th Legislature
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THE LEGAL PROFESSION AMENDMENT ACT
|Bilingual version (PDF)||Explanatory Note|
(Assented to )
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
1 The Legal Profession Act is amended by this Act.
2 Section 1 is amended by adding the following definition:
3 Section 5 is amended by
(a) in clause (a), by striking out "10" and substituting "eight";
(b) in clause (b), by striking out "two practising lawyers" and substituting "one practising lawyer";
(c) by replacing subclause (c)(ii) with the following:
(ii) the Central and Dauphin Electoral District,
(d) by repealing subclause (c)(iii);
(e) by adding the following after clause (c):
(c.1) four practising lawyers appointed under subsection 7(1.1);
(f) by replacing clause (f) with the following:
(f) six persons appointed under subsection 7(1);
4(1) Subsection 7(1) is amended
(a) in the section heading, by striking out "Appointed" and substituting "Appointed lay"; and
4(2) The following is added after subsection 7(1):
7(1.1) Four persons who are practising lawyers shall be appointed by the benchers using the criteria established in the rules made under this section.
4(3) The following is added before subsection 7(2):
7(1.2) The benchers must make rules governing the appointment of practising lawyers as benchers, including rules that
(a) establish criteria for appointing practising lawyers as benchers, such as the need for representation by region, demographics, type of law practice, or professional, leadership or management skills;
4(4) Subsection 7(2) is amended
(a) in the section heading and in the part before clause (a) by striking out "appointed benchers" and substituting "appointed lay benchers and appointed practising benchers";
(b) in clause (b), by striking out "benchers" and substituting "appointed benchers"; and
(c) by adding the following after clause (d):
5 Section 23 is amended by striking out "or professional corporations".
6 The following is added after section 24 and before the centred heading that follows it:
24.1 The benchers may make rules respecting law firms that
(a) permit and regulate different types of arrangements to provide legal services, including arrangements between lawyers and between lawyers and non-lawyers, and that establish conditions and requirements for the arrangements;
(b) require law firms to register with the society;
(c) require law firms to designate a practising lawyer of the firm who is to receive official communication from the society;
(d) specify what information the law firms must provide and keep current with the society;
(e) set fees to be paid by law firms.
24.2(1) This Act and the rules apply to members despite any relationship they may have with a law firm.
24.2(2) The fiduciary and ethical obligations of members, and their obligations respecting confidentiality and solicitor-client privilege, to persons receiving legal services are not diminished by the fact that the services are provided by a member through a law firm.
7 Subsection 31(1) is amended by striking out "or" at the end of clause (a), adding "or" at the end of clause (b) and adding the following after clause (b):
8 Section 39 is amended by adding the following after clause (c):
9 Clause 43(b) is amended by striking out "for lawyers and students" and substituting "for lawyers, law firms and students".
10 Clause 69(2)(c) is replaced with the following:
(c) the president or the chief executive officer, or a person designated by either of them, may disclose the following to the members, to the governing body of the legal profession in a foreign jurisdiction, to the public or any combination of them:
(i) the name of the member who is the subject of the complaint, investigation or charge and the name of any law corporation of which the member is a director, officer or shareholder,
(ii) the complaint or charge against the member,
(iii) when clause 37(1)(c) or 68(c) applies, that restrictions have been imposed on a member's practice or that a member has been suspended from practising law, pending completion of the investigation and any disciplinary proceeding that may follow, and the reasons for doing so, if applicable,
11 Subsection 72(3) is amended by adding "or an order under section 73 to pay a fine" after "a fine or costs".
12(1) Subsection 73(1) is amended
(a) in the section heading, by striking out "interjurisdictional";
(b) in the French version, by striking out "de collaborateur" and substituting "d'avocat adjoint"; and
12(2) Subsection 73(2) is replaced with the following:
73(2) If a panel finds a law firm guilty of contravening this Act, the rules or the code of conduct, the panel may do one or more of the following:
(a) reprimand the firm;
(b) order the firm to pay a fine of not more than $100,000;
12(3) Subsection 73(3) is amended
(a) in the French version, by striking out "de collaborateur" and substituting "d'avocat adjoint"; and
13 The Division heading before section 77 is replaced with "PRIVILEGE".
14 Section 79 is repealed.
15(1) The following is added after subsection 83(1):
83(1.1) If the benchers make rules respecting law firms, this Part applies, with necessary changes, to law firms as if they were members to the extent provided for in the rules.
15(2) Subsection 83(2) is amended
(a) in the part before clause (a), by striking out "persons" and substituting "persons or entities"; and
(b) by adding the following after clause (b):
(c) law firms.
16 The benchers may make rules dealing with the transition to the new composition of the Law Society's governing body as set out in section 5 of The Legal Profession Act as amended by section 3 of this Act, including rules about the election and appointment of benchers in accordance with section 5 as it will read on May 4, 2016.
17(1) Subject to subsection (2), this Act comes into force on the day it receives royal assent.
17(2) Section 3 and subsections 4(1) and 4(2) come into force on May 4, 2016.