The Advisory

Content of Canadian Law Degree Under Review

By Don Thompson, QC, Executive Director, Law Society of Alberta

Don Thompson, QC

A national task force of the Federation of Law Societies, of which I am a member, is to specify the content of a Canadian law degree. This task has become necessary because of legislation in Manitoba and Ontario concerning the accreditation of foreign trained professionals. The idea behind the legislation is that accreditation requirements for foreign trained professionals must be transparent. So we have to specify what it means to have a Canadian law degree.

Currently, there is no such specification for the content of a Canadian law degree. There is an Ontario specification that dates back to 1957. Foreign trained professionals include immigrants as well as Canadians who take law degrees outside the country.

When graduates from foreign law schools come to Canada and turn to the National Committee on Accreditation for evaluation, they want a clear explanation about how to make their degree the equivalent of a Canadian law degree. These issues point out the need for regulators to ensure we have the answers and protect the public by

having standards in place for those becoming members of the legal profession.

Model Code of Conduct Created

Over a two year period, the Federation of Law Societies of Canada has created a draft model code of conduct which has been provided to each law society for review.

With increased mobility of lawyers across the country, it's problematic to have different rules in each jurisdiction. The Federation will encourage law societies to adopt the model code as their own code of conduct. The Law Society of Alberta is reviewing the FLSC Model Code in comparison with the LSA's Code of Conduct.

Exceeding complaints goals

The Law Society of Alberta agreed to a goal that would see 75 per cent of informal complaints closed within 90 days. By September 30, 2007, we exceeded this by closing 84 per cent of informal complaints within 90 days.

At the beginning of June 2007, a goal was established to close two-thirds of formal complaint files within 10-11 months. For the quarter ending September 30, we closed 49 per cent of files within 12 months.

Finance Committee Undertaking Additional Initiatives

By Dale Spackman, QC, Chair, Finance Committee

The following additional potential initiatives are currently being undertaken by your Finance Committee: rule and/or policy changes relating to late filing of forms S and T; and rule and/or policy changes relating to signing of trust cheques and authorization of trust transactions by persons who are not active members of the Law Society.

We welcome your input and comments on any of the foregoing matters. Contact: Dale Spackman, QC, Chair, Finance Committee at dspackman@parlee.com

Improving the Claims Process of the Assurance Fund

By Dale Spackman, QC, Chair, Finance Committee

An intensive review of the LSA's assurance fund has been underway to identify the underlying guiding and operating principles of the fund and improving the claims process.

At the April Benchers' meeting, guiding principles were established for the operation of the assurance fund. Based on these, new rules were proposed by the consultation group which will be finalized and approved at the February Benchers' meeting. The approval of the revised Assurance Fund rules and guidelines will make the LSA's Assurance Fund a model of protecting client's funds for other law societies in Canada.

These rules have been revised as part of a larger LSA initiative to increase the professional competence of Alberta lawyers. The new Assurance Fund rules complement efforts being undertaken to reduce the risk of clients affected by trust fund misappropriations.

The new Assurance Fund rules enables timely and efficient processing of the legitimate claims of clients whose money was misappropriated by a lawyer.

Since 1939, the Law Society of Alberta has independently operated a fund to protect clients from misappropriation or wrongful use of trust property held by their lawyers. It is the first of its kind in North America. The fund is supported by levies imposed on all active members of the LSA.