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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) | |
| (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) | |
| (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) | |
| (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) | |
| (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 | |
| 23 | Interjurisdictional law firms |
| 24 | Members practising outside Manitoba |
| LIMITED LIABILITY PARTNERSHIPS | |
| 25(1) | |
| (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) |