R.S.M. 1987, c. L100

The Law Society Act

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Table of Contents

1		Definitions.
2		Corporate status and name.
3		Powers of society.
	(2)	Special fund not obligatory.
	(3)	Sums added to fees for insurance.
4		Membership.
5		The benchers.
6		Membership of governing body.
7		Elected benchers.
	(2)	Election of elective benchers.
8		Life benchers.
9		Ex officio benchers. *
10		Appointed benchers.
	(2)	Term of appointment.
	(3)	Time of appointment.
	(4)	Filling of vacancies.
11		University bencher.
	(2)	Election and term of office of university bencher.
	(3)	University bencher ceasing to be enrolled.
12		Student bencher.
	(2)	Election and term of office of student bencher.
13		Faculty bencher.
	(2)	Election and term of office of faculty bencher.
	(3)	Faculty bencher ceasing to be on Faculty Council.
	(4)	Meaning of "member of faculty".
14		Taking office.
	(2)	Elections in accordance with rules.
15		Application of secs. 16-35.
16		Persons entitled to vote.
17		List of electors.
	(2)	Right to examine list.
18		Complaints respecting and rectification of list.
19		Persons entitled to vote.
20		Notice of election.
21		Appointment of election officials.
22		Eligibility to be elective bencher.
	(2)	Disqualification.
23		Nominations.
	(2)	Nominations in E. J. D.
	(3)	Nominations in other judicial districts.
	(4)	Last day for nominations.
	(5)	Decision as to eligibility, etc.
24		Acclamations.
25		Mailing of voting papers.
	(2)	Method of voting.
	(3)	Invalidity of voting papers.
	(4)	Habitual residence of voter.
26		Custody of voting papers and counting of votes.
	(2)	Right to be present.
	(3)	Continuation of count.
	(4)	Absence of one scrutineer.
	(5)	Absence of both scrutineers.
	(6)	Procedure on equality of votes.
	(7)	Duty of vice-president.
27		Persons elected.
	(2)	Declaration, certification, and report of result.
28		Effect of failure to comply with Act.
29		Retention of voting papers.
30		Petition against election.
	(2)	Contents of petition.
	(3)	Delivery of petition.
31		Time and place for hearing.
32		Committee to hear petition.
	(2)	Report of committee.
	(3)	Action where election declared invalid.
33		Taking of office and term.
	(2)	Taking office after election petition.
34		Effect of absence from meetings.
35		Filling of vacancies.
36		Exercise of powers of society.
37		Levy for reimbursement fund.
	(2)	Deposit and keeping of special fund.
	(3)	Investment and administration.
	(4)	Annual report as to fund.
	(5)	Society subrogated.
	(6)	Action by society.
	(7)	Action by recipient.
	(8)	Action in name of recipient.
	(9)	Disbursement of moneys recovered.
	(10)	Joint action.
38		Professional liability claims fund.
	(2)	"Professional liability claim" defined.
	(3)	Claims fund a separate fund.
	(4)	Investment and administration.
	(5)	Levy for claims fund.
	(6)	Professional liability insurance.
	(7)	Use of moneys in claims fund.
	(8)	Rules.
39		Interest on trust deposits.
	(2)	Interest to foundation.
	(3)	Member not required to account.
	(4)	Exceptions.
	(5)	Relief from liability for member.
40		Officers.
	(2)	Election and term of office of principal officers.
	(3)	Appointment of secretary and treasurer.
41		Persons entitled to practise as barristers.
42		Persons entitled to practise as solicitors.
43		Admission of students.
44		Oaths to be taken and forms thereof.
	(2)	Undertaking by landed immigrant.
	(3)	Striking member off the rolls.
45		Appointment of Queen's Counsel.
	(2)	Limitation on number of appointments.
	(3)	Limitation as to persons who may be appointed.
	(4)	Q.C.'s deemed appointed under this Act.
	(5)	Appointment of Attorney-General as Q. C.
46		Order of precedence.
47		Right of barrister to sue for fees.
	(2)	Right to solicitor to sue for fees, etc.
	(3)	Interest on unpaid fees, etc.
	(4)	Interest on overpaid fees, etc.
	(5)	Rate of interest
	(6)	Rate to be shown on bill.
	(7)	Change of interest on taxation.
	(8)	Power of court to tax costs.
48		Keeping of the rolls.
	(2)	Signing of the rolls.
49		Inquiry into conduct or competence and notice thereof.
	(2)	Service of notice.
	(3)	Day of service of mailed notice.
	(4)	Proof of service of notice.
	(5)	Inquiry in default of attendance of person affected.
	(6)	Testimony of witnesses.
	(7)	Subpoenas.
	(8)	Allowances to witnesses.
	(9)	Certified copies of convictions as evidence thereof.
	(10)	Hearings in camera.
	(11)	Hearings opened to members.
	(12)	Offence.
	(13)	Publication permitted.
50		Suspension or conditions of practice in case of conduct.
	(2)	Powers in case of incompetence.
	(3)	Notice of suspension or conditions.
	(4)	Publication permitted.
51		Administration of oaths.
52		Consequences of professional misconduct, etc.
	(2)	Consequences of incompetence.
	(3)	Incompetence by reason of alcoholism, etc.
	(4)	Payment of costs of investigation and inquiry.
	(5)	Order respecting costs as a judgment.
	(6)	Proceedings confidential.
	(7)	Exception.
53		Right to obtain files, etc.
	(2)	Obligation of investigator.
	(3)	Information obtained on appeal.
	(4)	Exclusion of public to preserve privilege.
	(5)	Disclosure of information in judgment.
	(6)	Rules to preserve privilege.
	(7)	Privilege extended.
54		Appeal to Court of Appeal.
	(2)	Refusal of practising certificate.
55		Reinstatement.
56		Prohibition of practice by unauthorized persons.
	(2)	Actions deemed to be carrying on practice.
	(3)	Imitation of court process prohibited.
	(4)	Employment of disbarred persons, etc.
	(5)	Saving provisions.
	(6)	Offence and penalty.
	(7)	Recovery of fines.
	(8)	Place for beginning proceedings.
	(9)	Injunction.
	(10)	Q.B. rules applicable.
	(11)	Enforcement, variation, or discharge of order, etc.
	(12)	Disposition of fines recovered.
57		Practice by students.
58		Meaning of "contingency contract".
	(2)	Requirements on making contingency contract.
	(3)	Effect of failure to comply with subsec. (2).
	(4)	Application for declaration that contract unfair.
	(5)	Declaration avoiding contract.
	(6)	Order for repayment of excess costs.
	(7)	Taking of evidence.
59		Rights of Crown, municipalities, and school districts etc. preserved.
	(2)	Maximum costs recoverable by Crown, municipality, etc., where contingency contract made.
60		Interpretation.
	(2)	Appointment of custodian.
	(3)	Service of order.
	(4)	Filing of member's lien.
	(5)	Retention of property.
	(6)	Powers of court.
	(7)	Notice by custodian.
	(8)	Release any custodian.
	(9)	Filing of lien.
	(10)	Action on lien being filed.
	(11)	Power of judge as to time.
	(12)	Determination of validity of claims.
	(13)	Liability negatived.
	(14)	Relief from liability.
	(15)	Costs.
61		Payment of trust moneys to society.
	(2)	Liability for trust money extinguished.
	(3)	Society trust account.
	(4)	Claim by client.
	(5)	Appeal of refusal by society.
	(6)	Property converted to society.
LAW FOUNDATION
62		Manitoba Law Foundation continued.
63		Objects of foundation.
64		Powers of foundation.
65		Specific grants.
	(2)	General grants.
66		Board of directors.
67		Powers of board.
68		Terms of office.
	(2)	Terms of first directors.
	(3)	Appointment of successors.
69		Disqualification of director.
70		Vacancies.
71		Remuneration.
72		Chairperson.
73		Meetings.
74		Quorum.
75		Conflict of interest.
76		Annual audit and report.
	(2)	Tabling in Legislative Assembly.
SCHEDULE
FORM A (Section 20)
The Law Society of Manitoba
NOTICE OF ELECTION
WARNING
VOTING PAPER
DECLARATION ON VOTING ENVELOPE