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The Legal Profession Act

C.C.S.M. c. L107

The Legal Profession Act

PART 1
DEFINITIONS
1 Definitions
PART 2
THE LAW SOCIETY
STATUS AND PURPOSE
2(1) Law Society continued
(2) Powers
(3) Corporations Act does not apply
3(1) Purpose
(2) Duties
GOVERNING BODY
4(1) Governing body continued
(2) Benchers' mandate and powers
(3) Benchers may act by resolution
(4) Benchers may act despite vacancies
(5) General power to make rules
(6) Rules are binding
5 Membership of governing body
6(1) Rules re election of benchers
(2) What the rules must provide
(3) What the rules may provide
7(1) Appointed benchers
(2) Rules re appointed benchers
8 Term of office
9(1) Life benchers
(2) Part year counts as a year
10 Honorary benchers
OFFICERS
11(1) President and vice-president
(2) Substitutes
12(1) Chief executive officer
(2) Powers and duties
(3) Delegation
13 Other officers
MEETINGS
14 Meetings of benchers
15(1) Meetings of members
(2) Annual report
(3) Rules about membership meetings
COMMITTEES
16(1) Benchers may establish committees
(2) Rules re committees
MEMBERS OF THE SOCIETY
17(1) Who is a member
(2) Qualification for membership
(3) Ceasing to be a member
(4) Members may not resign
(5) Rules about membership and authority to practise
18(1) Membership records
(2) Rules re membership records and other books
MEMBERSHIP FEES AND ASSESSMENTS
19(1) Admission fees
(2) Annual fees for practising lawyers
(3) Exemption re contribution to claims fund
(4) Setting fees and assessments
(5) Rules re fees and assessments
PART 3
AUTHORITY TO PRACTISE LAW
GENERAL
20(1) Authority to practise law
(2) Unauthorized practice of law
(3) Activities deemed to be carrying on the practice of law
(4) Exceptions
21 Practice by students
INTERJURISDICTIONAL PRACTICE
22 Interjurisdictional practice
23 Interjurisdictional law firms
24 Members practising outside Manitoba
LIMITED LIABILITY PARTNERSHIPS
25(1) Authority to practise in limited liability partnership
(2) Rules re limited liability partnerships
ENFORCEMENT
26 Employment or engagement of former or suspended member
27 False representation
28(1) Offence
(2) Offence by corporation
(3) Penalty
(4) Fine payable to minister
(5) Prosecution by society or others
(6) Recovery of fine
29(1) Society may apply for injunction
(2) Court may grant injunction
PART 4
LAW CORPORATIONS
30 Definitions
31(1) Authority of law corporation to practise law
(2) How law corporation may practise
32(1) Corporate permit
(2) Refusal to issue permit
33(1) Business without permit prohibited
(2) Valid permit
(3) Restriction on business of law corporation
(4) Validity of corporate act
34(1) Voting agreements void
(2) Unanimous shareholders' agreements void
35(1) Application of Act and rules
(2) Obligations to clients not diminished
36(1) Liability of members
(2) Liability of voting shareholders
37(1) Grounds for suspension or revocation of permit
(2) Limitation
38 References in other Acts, regulations, etc.
39 Rules re law corporations
PART 5
REPRESENTATION IN HIGHWAY TRAFFIC MATTERS
40(1) Authority to act as agent or provide advice
(2) Limitation
(3) Justice may bar agent
41 Privileged communication
42 Regulations
PART 6
PROTECTION OF THE PUBLIC
DIVISION 1
PRACTICE STANDARDS AND LAWYER ASSISTANCE PROGRAMS
43 Practice standards
44 Programs to assist lawyers
DIVISION 2
PROFESSIONAL LIABILITY CLAIMS FUND
45(1) "Professional liability claim" defined
(2) Professional liability claims fund continued
(3) Purpose of claims fund
(4) Property of claims fund
(5) Professional liability insurance
(6) Payments out of claims fund
(7) Rules re claims fund
DIVISION 3
REIMBURSEMENT FUND
46(1) Reimbursement fund continued
(2) Purpose of reimbursement fund
(3) Property of reimbursement fund
47(1) When loss may be compensated
(2) Reimbursement is discretionary
(3) Recovery of compensation
(4) Application of money recovered
(5) Rules re reimbursement fund
48(1) Interjurisdictional reimbursement program
(2) Funding interjurisdictional program or losses
DIVISION 4
FINANCIAL ACCOUNTABILITY
49(1) Rules re financial responsibility
(2) Trustee Act
50(1) Interest on trust deposits
(2) Interest to foundation
(3) Not required to account for interest
(4) Client-directed investment
51(1) Unclaimed trust money
(2) Liability for trust money extinguished
(3) Trust property
(4) Payment to claimant
(5) Appeal to Court of Queen's Bench
(6) Property held for 10 years
DIVISION 5
LAWYERS' FEES
52 Court's power to tax or revise costs
53 Client may apply for assessment
54(1) Rules re interest
(2) Change of interest on taxation
55(1) Meaning of "contingency contract"
(2) No requirement for action
(3) Requirements on making contingency contract
(4) Failure to comply
(5) Application for declaration that contract unfair
(6) Manner of giving evidence
(7) Declaration voiding contract
DIVISION 6
CUSTODIANSHIP
56 Definitions
57(1) Court order appointing custodian
(2) Criteria for making the order
(3) Authority to enter and seize
(4) Additional orders
(5) Notice of application
(6) Service of court order
(7) Responsibility of person served
58 Custodian to give notice of property held
59(1) Claiming a solicitor's lien
(2) Custodian to give notice of claim
(3) Custodian may override lien
60 No liability
61 Court costs
62 Recovery of expenses by society
DIVISION 7
COMPLAINTS AND DISCIPLINE GENERALLY
63 Definitions
64(1) Disciplinary jurisdiction
(2) Member disciplined in foreign jurisdiction
65 Contravention of Act or rules
DIVISION 8
COMPLAINTS AND INVESTIGATIONS
66 Complaints investigations
67 Right to obtain information
68 Committee may suspend or impose conditions
69(1) Confidentiality of complaints and proceedings
(2) Permitted disclosure
DIVISION 9
DISCIPLINE PROCEEDINGS
70 Discipline committee
71(1) Provisions applicable to hearings
(2) Failure of witness to attend or give evidence
72(1) Consequences of professional misconduct or conduct unbecoming
(2) Consequences of incompetence
(3) Order of fine or costs may be filed as court order
73(1) Additional consequences: interjurisdictional law firm
(2) Contravention of rules by interjurisdictional law firm
(3) Failure to pay fine
74 Extraprovincial misconduct
DIVISION 10
APPEALS
75(1) Appeal of interim suspension
(2) Time limit for appeal
(3) Further appeal
76(1) Appeal to Court of Appeal
(2) Appeal by society to Court of Appeal
(3) Time limit for appeal
DIVISION 11
CONFIDENTIALITY AND PRIVILEGE
77 Solicitor-client privilege applies
78(1) Exclusion of members of public
(2) How and when order can be made
79(1) No publication before conviction
(2) Liability of directors, officers and employees
(3) Society may permit publication before conviction
80 Publication after conviction
81(1) Exclusion of public to preserve privilege
(2) Disclosure of information in judgment
82(1) Rules to preserve privilege
(2) Privileged records not to be produced
DIVISION 12
EXTENSION OF APPLICATION
83(1) Application of Divisions extended
(2) Application of rules extended
PART 7
GENERAL
84(1) Order of precedence
(2) Existing appointments
85 Service and receipt of documents
86 No liability
PART 8
THE MANITOBA LAW FOUNDATION
87 Manitoba Law Foundation continued
88 Purpose of foundation
89(1) Powers of foundation
(2) Employment of staff
90(1) Legal Aid and Law Society grants
(2) Pro rata amounts
(3) Reports from Legal Aid and Law Society
(4) Discretionary grants
(5) "Fiscal year" defined
91 Board of directors
92 Powers of board
93(1) Term of office
(2) Appointment of successors
94 Disqualification of director
95 Vacancies
96 Remuneration
97 Chairperson
98 Meetings
99 Quorum
100 Conflict of interest
101(1) Annual audit and report
(2) Tabling in Legislative Assembly
102 No liability
103 Corporations Act does not apply
PART 9
TRANSITIONAL PROVISIONS, CONSEQUENTIAL AMENDMENTS AND COMING INTO FORCE
104(1) Transitional: holding office
(2) Transitional: proceedings
(3) Transitional rules
105 to 107 to a complaint, investigation or proceeding referred to in subsection (2).
108 Repeal
109 C.C.S.M. reference
110(1) Coming into force
(2)