Rule Amendments for Insurance, Assurance and Credentials & Education
During the February 2008 meeting of the Benchers, rule amendments were approved for matters related to Insurance, the Assurance Fund, and Credentials & Education. These changes are effective February 7, 2008.
Insurance rules – The current Rule 148 exempts two positions at the Legal Aid Society from mandatory ALIA coverage. Legal aid has recently restructured, adding two more positions which are also now exempt by amendments to Rule 148(2)(c).
Assurance Fund Rules and Claims Guidelines – Amendments to Division 2 of Part 6 and the AF Claims Guidelines will now result in greater clarity in the Assurance Fund claims process. The revised rules and guidelines are designed to facilitate a smoother, more “customer service friendly” process for claimants seeking compensation and increase the ability to investigate claims.
Credentials & Education Rules – The Benchers approved amendments to Part 2 of the Rules. These now make the procedural guidelines reflect the new Part 2 procedures. The new procedures are intended to streamline the process involved in the education and credentialing of LSA articling students and other applicants.
Insurance rules – The current Rule 148 exempts two positions at the Legal Aid Society from mandatory ALIA coverage. Legal aid has recently restructured, adding two more positions which are also now exempt by amendments to Rule 148(2)(c).
Assurance Fund Rules and Claims Guidelines – Amendments to Division 2 of Part 6 and the AF Claims Guidelines will now result in greater clarity in the Assurance Fund claims process. The revised rules and guidelines are designed to facilitate a smoother, more “customer service friendly” process for claimants seeking compensation and increase the ability to investigate claims.
Credentials & Education Rules – The Benchers approved amendments to Part 2 of the Rules. These now make the procedural guidelines reflect the new Part 2 procedures. The new procedures are intended to streamline the process involved in the education and credentialing of LSA articling students and other applicants.
Conduct Report and Warning:
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 As the outgoing chair of the Conduct Committee I would like to report on three matters: Investigations The Conduct Department reviewed the time that it takes to process a complaint from the commencement of a formal complaint (one that cannot be resolved by a telephone call or mediation) to the conclusion of the Conduct Department’s activities with a dismissal of the complaint or with the complaint being referred to a conduct panel. Complaints vary in complexity but a goal decided upon was that the average complaint should be concluded (i.e. dismissed or referred to a conduct panel for charges) within one year. Additional staff was hired to achieve this goal, a backlog of complaints has been put through the system, and we are now on track to achieve the goal. This is an important initiative as the Law Society’s reputation as a regulator is harmed if complainants see their issues languish and members need to have the investigation proceed expeditiously to a conclusion. Conduct panels are comprised of three members of the Conduct Committee who review the investigation and determine whether or not charges should be laid. Hearings Last year the Law Society held 33 hearings, and of those, seven resulted in acquittals. Eight resulted in a reprimand and costs. Seven resulted in reprimands, |
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costs and conditions. Three members were suspended for less than six months, three for more than six months, and five were removed from the profession entirely. The types of conduct most likely to result in lengthy suspensions or removal from the profession involved misappropriation, lack of candour, or abandonment of the practice. The behaviour which attracted reprimands and fines included failure to properly render final accounts, failing to respond to communications in a timely fashion, failing to serve the client, acting in conflict, failing to report criminal charges, failure to comply with an undertaking or breach of a trust condition, and sharp practices (such as taking advantage of an inadvertent error on the part of opposing counsel). Hearing committees are comprised of three Benchers. Most hearings take a day or two. The total number of Bencher days dedicated to hearings over the course of the last year was 254. Receiving Funds from Unrepresented Parties An increasing number of law suits and disciplinary complaints arise from lawyers receiving funds from unrepresented individuals. Often the lawyer is acting for a promoter and the funds are directed to the lawyer’s trust account. Sharp promoters do this to give an air of respectability to the investment scheme. As one complainant, who lost $62,000, stated: “I am aware of the saying ‘if it sounds too good to be true it probably is’, but given the apparent use of lawyers and law firms in this it sounded like a safe thing to do”. continued on page 07 |
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