Friday, December 12, 2008

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In this issue:
• Bencher Meeting Focuses on Security of Trust Funds
• New "Know Your Client" Rules in Effect Dec 31, 2008
• CPD: Rule and Code Change
• CPD Survey - Please complete by Jan 5, 2009

Bencher Meeting Focuses on Security of Trust Funds

By Don Thompson, Q.C., Executive Director, Law Society of Alberta

The Law Society of Alberta welcomed new elected benchers at the November 29-30, 2008 meeting in Edmonton. As well, this meeting marked a turning point for the Law Society as media were welcomed to cover the meeting.

Media in Attendance

The Benchers prepared for media attendance at the October 2-3, 2008 meeting by separating the agenda into public and in-camera sections. The discussion on the Security of Trust Funds report, held November 29, was the focus of interest for the reporter representing Lawyers’ Weekly.

The new Benchers, although they do not start their duties until the New Year, took this opportunity to orient themselves to the governance of the Law Society. Benchers who were welcomed included: Tony Young, Fred Fenwick QC, Keven Feth, Scott A. Watson QC, John Henderson QC, Jim T. Eamon QC and Frederica Schutz.

Decisions Made:

Benchers approved the following: 

• New Rules for Continuing Professional Development and a related amendment to the Code of Conduct which require lawyers to declare to the Law Society by March 15th of each year that they have prepared and made a plan for their continuing professional development; 
• Practice Review Panel Guidelines for Statutory Referrals; 
• the reappointment of bencher Steve Raby to the Alberta Law Foundation; and 
• moving forward with the recommendations of the Security of Trust Funds Task Force. This will involve significant changes to the existing annual trust account reporting procedures, as well as examination of moving from the current Assurance Fund claims adjudication process to one that is based on an insurance system, with claims being adjusted.
  
  There was also discussion about the Client Identification and Verification Rules implementation date, which has been moved to December 31, 2008.

New "Know Your Client" Rules in Effect Dec 31, 2008

New rules on client identification and verification requirements are based on a model rule developed by the Federation of Law Societies of Canada. These rules are part of a national initiative to fight fraud and money laundering.

Visit www.lawsociety.ab.ca for more information on the application or the model rule in Alberta, and to download the sample forms.

CPD: Rule and Code Change

On November 28, 2008, the Benchers of the Law Society of Alberta approved amendments to the Rules of the Law Society and to the Code of Professional Conduct.

New rules were added to the Rules of the Law Society of Alberta. They are 67.1, and 67.2. They can be found in the Rules at www.lawsociety.ab.ca.

Also on November 28, 2008, the Code of Professional Conduct (Chapter 2, Commentary G1, paragraph (h)) was amended as follows (amended portion in italics):

Maintenance and improvement of knowledge and skills. A lawyer has an obligation to maintain legal skills and knowledge and to keep abreast of developments in the lawyer's areas of practice. A lawyer should also seek to improve competence on an ongoing basis to facilitate optimum performance in each matter and should annually prepare a professional development plan. The plan may reflect many different learning activities in order to achieve these goals. 

This rule is now in effect and you must prepare a CPD plan and make your declaration no later than 15 March 2009.

There are two ways to make a declaration pursuant to new rule 67.2(b):

• on the Member Information Update Form which you receive each February, and which is due no later than the following March 25, OR
• by using the online planning tools at www.CPDalberta.ca

More details are available at www.lawsociety.ab.ca

CPD Survey - Please complete by Jan 5, 2009

Please take a moment to complete the 2nd survey on the LSA Continuing Professional Development program (CPD).

Your feedback and comments will assist in improving our communications about this program.

Please visit http://www.surveymonkey.com/s.aspx?sm=Wiv5MnfurOPWz3nFr8z3uQ_3d_3d

The survey closes January 5, 2008. Thank you for your participation and feedback.

Assist Phone Number Change

Assist has a new phone number. For independent, confidential, professional assistance relating to personal issues, please call: 1-877-498-6898.

Assist is an independent, charitable society. Visit www.albertalawyersassist.ca  

Rules of Court Project - Final Report Published

The Alberta Law Reform Institute has published its final report on the Rules of Court Project.

The goal of the project was to create rules that are clear and useful and which provide effective tools for accessing a fair, timely and cost-efficient civil justice system.

With the delivery of the final report, the education, legislative and administrative processes can begin so that implementation of the new rules will take place on January 1, 2010.

The final report concludes the most open, consultative and comprehensive review of court procedures ever carried out in the province. The project took six years, involved 11 working groups, published 21 consultation documents, and benefited from over 30,000 hours of volunteer time. Copies of the report can be downloaded at www.law.ualberta.ca/alri

The project was funded by the Department of Justice, the Alberta Law Foundation, the Law Society of Alberta and the Alberta Law Reform Institute.

Printable Version

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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