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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 ACT“practice of law” includes(a) appearing as counsel or advocate,(b) drawing, revising or settling(i) a petition, memorandum, notice of articles or articles under theBusiness Corporations Act, or an application, statement, affidavit,minute, resolution, bylaw or other document relating to theincorporation, registration, organization, reorganization, dissolution orwinding up of a corporate body,(ii) a document for use in a proceeding, judicial or extrajudicial,(iii) a will, deed of settlement, trust deed, power of attorney or a documentrelating to a probate or letters of administration or the estate of adeceased person,(iv) a document relating in any way to a proceeding under a statute ofCanada or British Columbia, or(v) an instrument relating to real or personal estate that is intended,permitted or required to be registered, recorded or filed in a registry orother public office,(c) doing an act or negotiating in any way for the settlement of, or settling, aclaim or demand for damages,(d) agreeing to place at the disposal of another person the services of a lawyer,(e) giving legal advice,(f) making an offer to do anything referred to in paragraphs (a) to (e), and(g) making a representation by a person that he or she is qualified or entitled todo anything referred to in paragraphs (a) to (e),but does not include(h) any of those acts if performed by a person who is not a lawyer and not for orin the expectation of a fee, gain or reward, direct or indirect, from the personfor whom the acts are performed,(i) the drawing, revising or settling of an instrument by a public officer in thecourse of the officer’s duty,(j) the lawful practice of a notary public,(k) the usual business carried on by an insurance adjuster who is licensed underDivision 2 of Part 6 of the Financial Institutions Act, or(l) agreeing to do something referred to in paragraph (d), if the agreement ismade under a prepaid legal services plan or other liability insurance program;“practising lawyer” means a member in good standing who holds or is entitled tohold a practising certificate;“president” means the chief elected official of the society;6 [12/2012]

DEFINITIONSApplication“resolution” means a motion passed by a majority of those voting at a meeting;“respondent” means a person whose conduct or competence is the subject of ahearing or an appeal under this Act;“review board” means a review board appointed in accordance with section 47;“rules” means rules enacted by the benchers under this Act;“society” means the Law Society of British Columbia continued under section 2;“suspension” means temporary disqualification from the practice of law;“written” or “in writing” includes written messages communicated electronically.(2) In Parts 1 to 5, “costs” means costs assessed under a rule made under section 27(2) (e) or 46.[2003-70-209; 2007-14-216; 2012-16-1]1.1 This Act does not apply to a person who is both a lawyer and a part time judicialjustice, as that term is defined in section 1 of the Provincial Court Act, in the person’scapacity as a part time judicial justice under that Act.[2008-42-33][12/2012] 7

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