C.C.S.M. c. L107
The Legal Profession Act
Table of Contents
PART 1 | ||
DEFINITIONS | ||
1 | Definitions | |
PART 2 | ||
THE LAW SOCIETY | ||
STATUS AND PURPOSE | ||
2 | Law Society continued | |
(2) | Powers | |
(3) | Corporations Act does not apply | |
3 | Purpose | |
(2) | Duties | |
GOVERNING BODY | ||
4 | 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 | Rules re election of benchers | |
(2) | What the rules must provide | |
(3) | What the rules may provide | |
7 | 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 | Life benchers | |
(2) | Part year counts as a year | |
10 | Honorary benchers | |
OFFICERS | ||
11 | President and vice-president | |
(2) | Substitutes | |
12 | Chief executive officer | |
(2) | Powers and duties | |
(3) | Delegation | |
13 | Other officers | |
MEETINGS | ||
14 | Meetings of benchers | |
15 | Meetings of members | |
(2) | Annual report | |
(3) | Rules about membership meetings | |
COMMITTEES | ||
16 | Benchers may establish committees | |
(2) | Rules re committees | |
MEMBERS OF THE SOCIETY | ||
17 | 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 | Membership records | |
(2) | Rules re membership records and other books | |
MEMBERSHIP FEES AND ASSESSMENTS | ||
19 | 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 | 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 | Application of Act and rules | |
(2) | Obligations to clients not diminished | |
LIMITED LIABILITY PARTNERSHIPS | ||
25 | 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 | Offence | |
(2) | Offence by corporation | |
(3) | Penalty | |
(4) | Fine payable to minister | |
(5) | Prosecution by society or others | |
(6) | [Repealed] | |
29 | Society may apply for injunction | |
(2) | Court may grant injunction | |
PART 4 | ||
LAW CORPORATIONS | ||
30 | Definitions | |
31 | Authority of law corporation to practise law | |
(2) | How law corporation may practise | |
32 | Corporate permit | |
(2) | Refusal to issue permit | |
33 | Business without permit prohibited | |
(2) | Valid permit | |
(3) | Restriction on business of law corporation | |
(4) | Validity of corporate act | |
34 | Voting agreements void | |
(2) | Unanimous shareholders' agreements void | |
35 | Application of Act and rules | |
(2) | Obligations to clients not diminished | |
36 | Liability of members | |
(2) | Liability of voting shareholders | |
37 | 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 | 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 | ||
43 | Practice standards | |
44 | Programs to assist lawyers | |
45 | "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 | |
46 | Reimbursement fund continued | |
(2) | Purpose of reimbursement fund | |
(3) | Property of reimbursement fund | |
47 | When loss may be compensated | |
(2) | Reimbursement is discretionary | |
(3) | Recovery of compensation | |
(4) | Application of money recovered | |
(5) | Rules re reimbursement fund | |
48 | Interjurisdictional reimbursement program | |
(2) | Funding interjurisdictional program or losses | |
49 | Rules re financial responsibility | |
(2) | Trustee Act | |
50 | Interest on trust deposits | |
(2) | Interest to foundation | |
(3) | Not required to account for interest | |
(4) | Client-directed investment | |
51 | 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 | |
52 | Court's power to tax or revise costs | |
53 | Client may apply for assessment | |
54 | Rules re interest | |
(2) | Change of interest on taxation | |
55 | 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 | |
56 | Definitions | |
57 | 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 | 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 | |
63 | Definitions | |
64 | Disciplinary jurisdiction | |
(2) | Member disciplined in foreign jurisdiction | |
65 | Contravention of Act or rules | |
66 | Complaints investigations | |
67 | Right to obtain information | |
68 | Committee may suspend or impose conditions | |
69 | Confidentiality of complaints and proceedings | |
(2) | Permitted disclosure | |
70 | Discipline committee | |
71 | Provisions applicable to hearings | |
(2) | Failure of witness to attend or give evidence | |
72 | Consequences of professional misconduct or conduct unbecoming | |
(2) | Consequences of incompetence | |
(3) | Order of fine or costs may be filed as court order | |
73 | Additional consequences: law firm | |
(2) | Contravention by law firm | |
(3) | Failure to pay fine | |
74 | Extraprovincial misconduct | |
75 | Appeal of interim suspension | |
(2) | Time limit for appeal | |
(3) | Further appeal | |
76 | Appeal to Court of Appeal | |
(2) | Appeal by society to Court of Appeal | |
(3) | Time limit for appeal | |
77 | Solicitor-client privilege applies | |
78 | Exclusion of members of public | |
(2) | How and when order can be made | |
79 | [Repealed] | |
80 | Publication after conviction | |
81 | Exclusion of public to preserve privilege | |
(2) | Disclosure of information in judgment | |
82 | Rules to preserve privilege | |
(2) | Privileged records not to be produced | |
83 | Application of Divisions extended | |
(1.1) | Application of Part to law firms | |
(2) | Application of rules extended | |
PART 7 | ||
GENERAL | ||
84 | Order of precedence | |
(2) | [Repealed] | |
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 | Powers of foundation | |
(2) | Employment of staff | |
90 | 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 | 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 | 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 |
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104 | Transitional: holding office | |
(2) | Transitional: proceedings | |
(3) | Transitional rules | |
105 to 107 | [amendments to other Acts] | |
108 | Repeal | |
109 | C.C.S.M. reference | |
110 | Coming into force |