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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) | 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 lay benchers |
| (1.1) | Appointed practising benchers | |
| (1.2) | Rules re appointed practising benchers | |
| (2) | Rules re appointed lay benchers and appointed practising 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 | |
| (3.1) | Exemption — district registrars | |
| (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 | |
| LAW FIRMS | ||
| 24.1 | Rules re law firms | |
| 24.2 | (1) | Application of Act and rules |
| (2) | Obligations to clients not diminished | |
| 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: law firm |
| (2) | Contravention by 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 | ||
| PRIVILEGE | ||
| 77 | Solicitor-client privilege applies | |
| 78 | (1) | Exclusion of members of public |
| (2) | How and when order can be made | |
| 79 | Repealed | |
| 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 |
| (1.1) | Application of Part to law firms | |
| (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) | ||