Alberta Law Society

Friday, May 02, 2008

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In this issue:
Notice of Disbarment - David R. Wray
Amendments Give Clarity to Assurance Fund Process
Indicators to Watch For
Add Law Society of Alberta as Safe Sender

Notice of Disbarment - David R. Wray

On April 14, 2008, a Resignation Committee appointed by the Benchers of the Law Society of Alberta granted the application of David R. Wray to resign, pursuant to Section 61 of the Legal Profession Act, effective immediately.  Mr. Wray is therefore disbarred.

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Amendments Give Clarity to Assurance Fund Process

Amendments to Division 2 of Part 6 of the Rules of the Law Society of Alberta and the Assurance Fund Claims Guidelines will now result in greater clarity in the Assurance Fund claims process.

 These revised rules and guidelines on the Assurance Fund are designed to:

 ·         facilitate a smoother, more "customer service friendly" process for claimants seeking compensation,

·         increase the ability of the Law Society of Alberta to investigate claims, and

·         add a safeguard that all decisions are now public, and transparent.

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.

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Indicators to Watch For

The Law Society is becoming increasingly aware of new series of fraud involving bank drafts, certified and non-certified cheques.

While there are fraudulent activities occurring all the time, new ones are emerging that often target sole practitioners and lawyers in small firms.  Risk indicators to watch for include:

·         client seeks counsel outside the area of the debtor’s jurisdiction

·         sense of urgency on the part of the client,

·         ease with which agreement of terms were met,

·         certified cheque/bank draft made in to the firm in trust or name typed on signature line, and the

·         ease with which the borrower’s subsidiary agreed to service the debt.

How to Protect Yourself?

If you are dealing with clients you do not know well, in order protect yourself and your trust account, contact your bank and ask them to:

·         contact the bank issuing the certified cheque/bank draft to verify the authenticity of the certified cheque/bank draft, and

·         confirm that the funds have been cleared.

If you draw from your trust account without the certified cheque/bank draft being verified or cleared, your firm may be exposed to loss.

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Add Law Society of Alberta as Safe Sender

Please add TheLawSocietyOfAlberta@lawsociety.ab.ca as a "Safe Sender" in your Outlook.

Under Actions/Junk Email/Junk Email Options/Safe Senders File/Address or Doman, please add the domain name of @lawsociety.ab.ca.

Thank you.

 

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www.lawsociety.ab.ca
Law Society of Alberta
Calgary Office
Suite 500, 919 11th Avenue SW
Calgary, Alberta T2R 1P3
Phone: 403-229-4700

Edmonton Office
201 10060 Jasper Avenue,
Edmonton, Alberta T5J 3R8
Phone: 780-429-3343

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