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Legal Profession Act - The Law Society of British Columbia

Legal Profession Act - The Law Society of British Columbia

LEGAL PROFESSION

LEGAL PROFESSION ACTApplications to the court54 (1) A custodian, the society, the lawyer concerned or any other interested person mayapply to the court for an order under this section, with or without notice to anyone.(2) On an application under subsection (1), the court may do one or more of thefollowing:(a) discharge the custodian, unless the society shows cause why the custodianshipshould be continued;(b) appoint another practising lawyer or the society as a custodian;(c) make any other order provided for in section 50 (4), in which case section 50(5) and (6) applies;(d) summarily determine the validity of a claim to a solicitor’s lien;(e) make no order.(3) Despite anything in this Part, the court may at any time extend or shorten the timewithin which anything is required to be done or dispense with any of the requirementsof this Part.[2007-14-43]Custodianship rules55 The benchers may make rules regarding custodianships, including rules imposingduties on a lawyer whose practice is the subject of a custodianship authorized underthis Part.Liability and costs56 (1) Section 86 applies to protect a custodian, the society and a person acting for eitherof them, for anything done or not done by one of them in good faith while actingor purporting to act under this Part.(2) No costs may be awarded against a custodian, the society or a person acting foreither of them, for anything done or not done by any of them in good faith whileacting or purporting to act under this Part.(3) Unless the court otherwise orders, the lawyer or the estate of a deceased lawyermust pay to the society the fees, expenses and disbursements of and incidental toany acts done or proceedings taken under this Part, including the fees, expensesand disbursements of a custodian.(4) Part 8 applies to payment for fees, expenses and disbursements undersubsection (3) of this section.36.2 [07/07]

PART 7 – LAW FOUNDATIONDefinitions57 In this Part:“board” means the board of governors of the foundation;“governor” means a member of the board.Law Foundation of British Columbia58 (1) The Law Foundation is continued as a corporation with the name “LawFoundation of British Columbia” consisting of the members of the boardappointed under section 59 (1).(2) The foundation may acquire, dispose of and otherwise deal with its property forthe purposes of the foundation.Board of governors59 (1) The foundation is administered by a board of governors consisting of 18 governorsas follows:(a) the Attorney General or his or her appointee;(b) 3 persons, not lawyers, appointed to the board by the Attorney General;(c) 12 lawyers or judges appointed by the executive committee, of whom at leastone must be from each county referred to in the County Boundary Act;(d) 2 lawyers appointed by the executive committee of the British ColumbiaBranch of the Canadian Bar Association.(2) Governors, other than the Attorney General, hold office for a term of 3 years oruntil their successors are appointed, and they may be re-appointed.(3) The Attorney General may revoke the appointment of a governor appointed by theAttorney General, during that governor’s term of office.(4) The benchers may revoke the appointment of a governor appointed by theexecutive committee, during that governor’s term of office.(5) The Provincial Council of the British Columbia Branch of the Canadian BarAssociation may revoke the appointment of a governor appointed by the executivecommittee of the branch, during that governor’s term of office.(6) The board must elect one governor to be chair of the board.(7) If a vacancy occurs in the office of a governor, the person or body by whom thegovernor was appointed may appoint to the vacant office a person eligible to beappointed to that office by that person or body under subsection (1), and theperson so appointed holds office for the balance of the term for which thegovernor was appointed, or until a successor is appointed.[12/98] 37

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