The Legal Profession Act

Transcription

1 The Legal Profession Act being Chapter L-10 of The Revised Statutes of Saskatchewan, 1978 (effective February 26, 1979). NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation.

2 Table of Contents SHORT TITLE 1 Short title INCORPORATION OF LAW SOCIETY 2 Incorpora tion 3 Constitution ROLL OF BARRISTERS AND SOLICITORS 4 Roll QUALIFICATIONS OF BARRISTERS AND SOLICITORS 5 Qualifica tions OATHS 6 Barristers VISITORS OF SOCIETY 7 Visitors BENCHERS 8 Electoral divisions 9 Society governed by benchers 10 Ex officio 11 Elections 12 Voters 13 List of voters 14 Correction of list 15 Only persons on list enlisted to vote 16 Invalid vote in respect of an electoral division 17 Qualification of benchers 18 Notice of election 19 Nominations 20 Election 21 Appointment of scrutineers and count of votes 22 Declaration of election of candidates 23 Equality of votes 24 Notice of result of election 25 Rules for election 26 Voting papers retained 27 Disputed electrons 28 False voting 29 Absence of secretary 30 Vacancies 31 Absence from convocation OFFICERS OF SOCIETY 32 Officers BENCHERS POWERS 33 Rules and bylaws 34 Status granted to students 35 Special admission to practise 36 False pretences 37 Disposal of fines 38 Special fund for certain purposes 39 Society may enter contract of insurance respecting its members FUNDS OF SOCIETY 40 Fees 41 Custody of funds 42 Expenditure 43 Investment of funds 44 Purchase of libraries LAW FOUNDATION 45 Establishment 46 Powers of foundation 47 Fund of foundation 48 Bylaws 49 Payment of interest to foundation 50 Annual report DISCIPLINARY 51 Barristers are officers of court

3 52 Assisting unauthorized persons to practise 53 Discipline committee 54 Inquiries 55 Same 56 Power of committee to suspend from practice 57 Bencher s powers 58 Deposit to cover expenses of inquiry 59 Costs on frivolous or vexatious complaint 60 Costs of inquiry 61 Legal or other assistance 62 Notice to barrister and solicitor 63 Attendance of witnesses 64 Absence of barrister 65 Appeal 66 Conviction of indictable offence 67 Effect of suspension and being struck off roll 68 Reinstatement 69 Improper conduct of students at law 70 No action against com mittee or benchers 71 Rules governing complaints 72 Disciplinary powers of visitors vested in benchers and committee 73 Appointment of trustee of property of member in certain cases 74 Examination and disposal of property in custody 75 Investigations of books, records, etc., of members of society 76 Unauthorized persons practising 77 Certain practice authorized for student at law 78 Exception to sections 5 and Powers of benchers to institute proceedings 80 Suit for fees 81 Interpretation, court, judge 82 Taxation of bill within one month 83 Taxation of bill after one month 84 Limit for taxation reference 85 Ex parte taxation 86 Order for reference 87 Special circumstances 88 Costs 89 Delivery of bill and documents 90 Immediate action on bill 91 Taxation on application of person other than principal 92 Special circumstances 93 Delivery of bill 94 Retaxation 95 Taxation after payment 96 Extension of powers to district court 97 Style of proceeding SUPPLEMENTAL 98 Bylaws, rules and regulations to be filed with Provincial Secretary 99 Effective date of bylaws, etc. 100 Effect of failure to file bylaw, etc. 101 Review by Legislative Assembly 102 Record of revocation and notification to society 103 Lists of members, etc., to be filed with Provincial Secretary 104 Report to Attorney General where application for admission refused 105 Discipline 106 Examinations SCHEDULE I SCHEDULE II

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5 CHAPTER L-10 An Act respecting the Legal Profession and the Law Society of Saskatchewan SHORT TITLE Short title 1 This Act may be cited as The Legal Profession Act. R.S.S. 1978, c.l-10, s.1. INCORPORATION OF LAW SOCIETY Incorpora tion 2 The Law Society of Saskatchewan, hereinafter called the society, is continued as a body corporate and politic with power to acquire, hold and dispose of real and personal property for its cor porate purposes. R.S.S. 1965, c.301, s.2; R.S.S. 1978, c.l-10, s.2. Constitution 3 Barristers and solicitors of Saskatchewan and persons admit ted to the society as students at law shall be members of the society. R.S.S. 1965, c.301, s.3; R.S.S. 1978, c.l-10, s.3. ROLL OF BARRISTERS AND SOLICITORS Roll 4 The secretary of the society shall continue to keep a roll on which he shall enter the names of all persons who are or who become barristers and solicitors of Saskatchewan. He shall also con tinue to keep a roll on which he shall enter the names of all persons admitted to the society as students at law. R.S.S. 1965, c.301, s.4; R.S.S. 1978, c.l-10, s.4. Qualifica tions 5(1) Unless he is: QUALIFICATIONS OF BARRISTERS AND SOLICITORS (a) a plaintiff or a defendant in the proceedings; (b) a barrister and solicitor of Saskatchewan who holds a sub sisting annual certificate issued to him pursuant to the rules and bylaws of the society entitling him to practise; or (c) an articled student at law acting in a capacity in which he is authorized to act by section 77;

6 6 c. L-10 LEGAL PROFESSION no person shall: (d) practise at the bar of any court of civil or criminal jurisdic tion in Saskatchewan; (e) advise, do or perform any work or service for fee or reward, either directly or indirectly, in matters pertaining to the law; (f) sue out any writ or process; or (g) commence, carry on or defend any action or proceeding in any court. (2) Every person who violates subsection (1) is guilty of an offence and liable on summary conviction to a fine of not less than $10 nor more than $100. (3) Subject to subsections (4) and (5), a person who is a Cana dian citizen or other British subject and is eighteen years of age or more and who is: (a) entered and admitted as a student at law in the society and has conformed to the rules of the society; (b) called to the bar or admitted to practise as a barrister or solicitor or as both in any province of Canada; (c) called to the bar of any country of the British Common wealth other than Canada and has been in active practice in that country as a barrister for a continuous period of at least five years immediately preceding the date of his application for admission to the society; or (d) admitted to practise as a solicitor in any country of the British Commonwealth other than Canada and has been in active practice in that country for a continuous period of at least three years immediately preceding the date of his application; may become a barrister and solicitor of Saskatchewan and entitled to practise as a barrister and solicitor in the courts of Saskatchewan. (4) An applicant for admission to the society as a barrister and solicitor shall: (a) unless he is a student at law in the society, produce suffi cient evidence of his call or admission in accordance with subsection (3); (b) produce testimonials satisfactory to the benchers of good character and of good standing in the law society of which he is a barrister or solicitor; (c) produce evidence that he possesses academic qualifica tions at least equal to those required for registration in and graduation from the College of Law of the University of Saskatchewan; (d) comply with the rules of the society; and (e) fulfil such requirements as the benchers may prescribe in the particular case. (5) In addition to the requirements of subsection (4), where an applicant is a barrister or solicitor in a part of the British Commonwealth in which a barrister and solicitor of Saskatchewan before his call to the bar or admission to practise therein is or may be required: (a) to pass any examination; (b) to reside; or

7 LEGAL PROFESSION c. L-10 7 (c) to serve under articles for any certain period; the benchers may impose a like requirement on the applicant. (6) Notwithstanding subsections (3), (4) and (5), a person who is a Canadian citizen or other British subject may, subject to such terms and conditions as the benchers may prescribe, be admitted to and continue to be a member of the society as a barrister and solici tor, during such time as he is a full-time member of the faculty of the College of Law of the University of Saskatchewan. 1968, c.39, s.2; 1970, c.8, s.18; 1971, c.22, s.2; 1972, c.1, s.2; R.S.S. 1978, c.l-10, s.5. OATHS Barristers 6(1) Every person before being admitted as a barrister and solicitor shall make and subscribe such oath as may be prescribed by the benchers. Students (2) Every person admitted to the society as a student at law shall make and subscribe such oath as may be prescribed by the benchers. R.S.S. 1965, c.301, s.6; R.S.S. 1978, c.l-10, s.6. VISITORS OF SOCIETY Visitors 7 The judges of the Court of Appeal and the Court of Queen s Bench shall be visitors of the society. R.S.S. 1965, c.301, s.7; R.S.S. 1978, c.l-10, s.7. BENCHERS Electoral divisions 8(1) For the purpose of this Act there shall be nine electoral divisions consisting of the areas described in schedule I. (2) The boundaries of the electoral divisions provided for by subsection (1) may be changed from time to time by the benchers. R.S.S. 1965, c.301, s.8; R.S.S. 1978, c.l-10, s.8. Society governed by benchers 9(1) The society shall be governed by the benchers of the society. (2) Exclusive of ex officio benchers, there shall be fifteen benchers of the society of whom: (a) five shall be elected from eligible members of the society whose only or principal place of practice is in the Regina City Electoral Division; (b) three shall be elected from eligible members of the society whose only or principal place of practice is in the Saskatoon City Electoral Division;

8 8 c. L-10 LEGAL PROFESSION (c) in the case of each of the other electoral divisions, one shall be elected from the eligible members of the society whose only or principal place of practice is in that division. R.S.S. 1965, c.301, s.9; R.S.S. 1978, c.l-10, s.9. Ex officio 10 The Attorney General of Canada for the time being, the Attorney General for Saskatchewan for the time being, all bar risters and solicitors who have at any time held the office of Attorney General for Saskatchewan, and any person who has been elected a bencher at four triennial elections of the society, whether consecutively or not, shall respectively be ex officio benchers of the society, but no ex officio bencher shall have the right of vote at a meeting of the benchers in convocation. R.S.S. 1965, c.301, s.10; R.S.S. 1978, c.l-10, s.10. Elections 11 Elected benchers shall hold office for a term of three years from the date of their election. An election of benchers shall be held on the first Monday in November every third year. R.S.S. 1965, c.301, s.11; R.S.S. 1978, c.l-10, s.11. Voters 12 Each duly enrolled barrister and solicitor of Saskatchewan not otherwise ineligible may, at an election of benchers, vote for fifteen persons who have been nominated as hereinafter provided. R.S.S. 1965, c.301, s.12; R.S.S. 1978, c.l-10, s.12. List of voters 13 At least six weeks prior to the election the secretary shall make out a list of the barristers and solicitors who are entitled to vote thereat and shall transmit a copy of the list by post to each local registrar of the Court of Queen s Bench. Every local registrar shall forthwith on the receipt thereof post the list in a conspicuous place in his office. R.S.S. 1965, c.301, s.13; R.S.S. 1978, c.l-10, s.13. Correction of list 14 If a barrister and solicitor complains to the secretary, at least one month before the election, of the improper omission or inclu sion of any name from or on the list, the secretary shall forthwith examine into the complaint and rectify the error, if any, and if any person is dissatisfied with the decision of the secretary he may with in one week thereafter appeal to the president. The president shall forthwith nominate a committee of the benchers, who shall sum marily try and decide the questions involved, and the list shall remain or be altered in accordance with the decision of that com mittee. R.S.S. 1965, c.301, s.14; R.S.S. 1978, c.l-10, s.14.

9 LEGAL PROFESSION c. L-10 9 Only persons on list enlisted to vote 15 No person shall be entitled to vote unless all his fees have been paid before the preparation of the list, and no person whose name is not included in the list as finally settled shall be entitled to vote at the election. R.S.S. 1965, c.301, s.15; R.S.S. 1978, c.l-10, s.15. Invalid vote in respect of an electoral division 16 Where in respect of the election of the number of members of the society to be elected from an electoral division an elector votes for more or less than the number of persons to be elected from that electoral division, his vote or votes in respect of that elec toral division shall not be counted, but nothing in this section shall prevent his vote or votes being counted in respect of any other elec toral division if he has voted for the number of persons to be elected from that other division. R.S.S. 1965, c.301, s.16; R.S.S. 1978, c.l-10, s.16. Qualification of benchers 17(1) No person other than a barrister and solicitor qualified to vote at an election of benchers shall be eligible as a candidate at any such election. (2) Subject to subsection (3), no person who has been elected a bencher at two consecutive triennial elections of the society is eligible as a candidate for election as a bencher for a further term until the expiry of at least five years from the date on which he was last elected a bencher. (3) Subsection (2) does not apply to a person who was a bencher on the first day of July, (4) No person who has become an ex officio bencher pursuant to section 10 is eligible as a candidate at an election of benchers. R.S.S. 1965, c.301, s.17; R.S.S. 1978, c.l-10, s.17. Notice of election 18 Six weeks prior to the date of election, notice of the election (form A) shall be sent by the secretary to each member of the society whose name appears on the list prepared pursuant to section 13. R.S.S. 1965, c.301, s.18; R.S.S. 1978, c.l-10, s.18. Nominations 19(1) Every nomination for election as a bencher shall: (a) be in writing; (b) specify the electoral division in respect of which the nomination is made; (c) name one candidate only and have endorsed thereon the consent of that candidate; and (d) state that the candidate named has his only or principal place of practice in the electoral division in respect of which he is nominated.

10 10 c. L-10 LEGAL PROFESSION (2) Every nomination of a candidate practising only or princi pally in the Regina City Electoral Division or the Saskatoon City Electoral Division shall be signed by at least five members of the society who: (a) are practising only or principally in the same electoral divi sion as the candidate; and (b) are entitled to vote at the election. (3) Every nomination of a candidate practising only or princi pally in an electoral division other than the Regina City Electoral Division and the Saskatoon City Electoral Division shall be signed by at least two members of the society who: (a) are practising only or principally in the same electoral divi sion as the candidate; and (b) are entitled to vote at the election. (4) Every nomination paper shall be filed with the secretary not later than the first Monday in October preceding the day of the elec tion. R.S.S. 1965, c.301, s.19; R.S.S. 1978, c.l-10, s.19. Election 20(1) If the number of nominations of candidates from an electoral division does not exceed the number of benchers to be elected from that division, the candidates nominated shall be deemed to be elected. (2) If a poll is necessary in respect of the election of benchers from any electoral division, the secretary shall, not later than the second Monday in October preceding the day of election, send to each member of the society whose name appears on the list pre pared pursuant to section 13, at his last known address: (a) a voting paper (form B) indicating in respect of each such electoral division the names of the candidates nominated for that electoral division, arranged alphabetically; (b) a numbered voting envelope on which has been printed a certificate (form C), addressed to the secretary; and (c) a plain envelope. (3) The secretary shall, within the time mentioned in subsection (2), send a list of the names of the candidates nominated for each electoral division with respect to which a poll is necessary in respect of the election of a bencher or benchers to each local registrar of the Court of Queen s Bench, and every local registrar shall upon receipt of the list post it in a place in his office where it may be seen and examined by members of the society. (4) A member of the society intending to vote shall: (a) complete the voting paper and place it in the plain envelope; (b) seal the plain envelope and place it in the voting envelope; (c) complete and sign the certificate (form C) on the voting envelope; and (d) mail or deliver the voting envelope to the secretary at his office so as to be in his hands on the day of the election before the hour prescribed for opening the voting papers. R.S.S. 1965, c.301, s.20; R.S.S. 1978, c.l-10, s.20.

11 LEGAL PROFESSION c. L Appointment of scrutineers and count of votes 21(1) The benchers shall, at the quarterly convocation immediately preceding the day of election, appoint, with their assent, two members of the society who shall act as scrutineers at the election and who shall not be candidates at the election. (2) The president may fill any vacancy in the office of scrutineer. (3) At the hour of eleven o clock in the forenoon of the day of election the secretary shall in the presence of the scrutineers: (a) examine the voting envelopes and reject those on which the certificate (form C) has not, in his opinion, been com pleted in accordance with this Act; (b) remove the plain envelopes from the voting envelopes that have not been rejected pursuant to clause (a) and place them unopened in suitable receptacles in such manner as will prevent identification of the persons who completed the voting papers contained therein; and (c) open the plain envelopes, count the votes and make a record thereof in a book provided by the society. R.S.S. 1965, c.301, s.21; 1966, c.86, s.12; R.S.S. 1978, c.l-10, s.21. Declaration of election of candidates 22(1) Where one bencher is to be elected from an electoral division the candidate from that division receiving the highest number of votes shall be declared by the secretary to be elected. (2) Where more than one bencher is to be elected from an electoral division each candidate from that division receiving successively the highest number of votes shall be declared by the secretary to be elected until the required number of benchers is elected. R.S.S. 1965, c.301, s.22; R.S.S. 1978, c.l-10, s.22. Equality of votes 23(1) Where in respect of an electoral division there is an equality of votes between two or more candidates nominated from that division that leaves the election of one or more of the candi dates undecided, the secretary shall, in the presence of the scrutineers: (a) write on a separate piece of paper the name of each candi date having an equality of votes and fold each piece of paper so that the name is on the inside and not visible unless the paper is unfolded; (b) place the pieces of paper in a box, mix them together and draw from the box by chance one paper for each office of bencher in respect of which the election is undecided by reason of the equality of votes. (2) The secretary shall declare elected each person whose name appears on a piece of paper drawn by him pursuant to subsection (1). R.S.S. 1965, c.301, s.23; R.S.S. 1978, c.l-10, s.23. Notice of result of election 24 The secretary shall forthwith after the election notify the benchers elect of their election and cause their names to be pub lished in The Saskatchewan Gazette. R.S.S. 1965, c.301, s.24; R.S.S. 1978, c.l-10, s.24.

12 12 c. L-10 LEGAL PROFESSION Rules for election 25 The benchers may make such regulations as they consider expedient, not contrary to this Act, for regulating the procedure as to election of benchers. R.S.S. 1965, c.301, s.25; R.S.S. 1978, c.l-10, s.25. Voting papers retained 26 The secretary shall retain the voting papers used at an elec tion until all petitions in respect thereof have been decided. R.S.S. 1965, c.301, s.26; R.S.S. 1978, c.l-10, s.26. Disputed electrons 27 If a dispute arises as to the election of benchers it may be decided in a summary way by a judge of the Court of Queen s Bench upon petition presented within ten days from the declaration of the result; the decision of the judge shall be final and the costs of the petition shall be in his discretion; the judge shall have the like powers as in an ordinary cause in the Court of Queen s Bench. R.S.S. 1965, c.301, s.27; R.S.S. 1978, c.l-10, s.27. False voting 28 No person shall sign the name of any other person to a vot ing paper or alter, add to, falsify or fill up any blank in a voting paper signed by another person or deliver or cause to be delivered to the secretary any such false voting paper or any voting paper that has been added to or falsified or in which any blank has been filled up after the same was signed. R.S.S. 1965, c.301, s.28; R.S.S. 1978, c.l-10, s.28. Absence of secretary 29 If there is no secretary at the time at which an election is to be held, or if the secretary is unable through illness or other unavoidable cause to act, the president, or, if there is no president, the Attorney General shall appoint in writing some person to act as secretary, and that person shall perform all the duties of the secre tary. R.S.S. 1965, c.301, s.29; R.S.S. 1978, c.l-10, s.29. Vacancies 30(1) In case of failure to elect the required number of benchers, or in case of a vacancy caused by the death, resignation or departure from Saskatchewan of a bencher, or by any other cir cumstance, the remaining benchers may, subject to subsection (2), appoint to the vacant place any person duly qualified to be elected a bencher, and the person so appointed shall hold office for the residue of the period for which the other benchers have been elected. (2) No person who has been elected a bencher at two consecu tive triennial elections of the society shall be appointed under sub section (1) until the expiry of at least five years from the date on which he was last elected a bencher. R.S.S. 1965, c.301, s.30; R.S.S. 1978, c.l-10, s.30.

13 LEGAL PROFESSION c. L Absence from convocation 31(1) Subject to subsection (2), where a bencher other than an ex officio bencher is absent from three consecutive meetings of the benchers in convocation, he shall cease to be a bencher and his place as a bencher shall be vacant on the day following the last day of the third of those three consecutive meetings. (2) The benchers in convocation may by resolution authorize a bencher to be absent from the convocation at which the resolution is passed, and where such a resolution is passed the absence of the bencher shall not be counted for the purposes of subsection (1). R.S.S. 1965, c.301, s.31; R.S.S. 1978, c.l-10, s.31. OFFICERS OF SOCIETY Officers 32 The officers of the society shall consist of a president, vice-president, secretary and treasurer and in the discretion of the society the office of secretary and treasurer may be filled by a secre tary treasurer; and such officer may be a person other than a bencher. R.S.S. 1965, c.301, s.32; R.S.S. 1978, c.l-10, s.32. BENCHERS POWERS Rules and bylaws 33 The benchers may from time to time make rules and bylaws: 1. for the government of the society and other purposes con nected therewith; 2. subject to section 106, for prescribing the qualifications, course and manner of study and examinations of students at law and the requirements preliminary to their admission as barristers and solicitors, and for regulating the admission and enrolment of barristers and solicitors; 3. for fixing the fees payable to the society for admission and enrolment of students at law and barristers and solicitors respec tively: provided that the fee for admission and enrolment as a barrister and solicitor payable by a student at law shall not exceed $100; 4. for fixing the fees payable annually by each barrister and solicitor and other fees incidental to the society; 5. for the striking off the roll and suspension from practice of any barrister and solicitor for non-payment of fees due to the society and for his reinstatement upon such terms as the benchers see fit; 6. for the striking off the roll and suspension from practice of any barrister and solicitor or for other disciplinary action against him for contravention of any rule or bylaw of the society;

14 14 c. L-10 LEGAL PROFESSION 7. respecting: (a) the books, records and accounts required to be kept and maintained by a member of the society with respect to trust funds; (b) the furnishing of evidence that books, records and accounts are being kept and maintained in accordance with the rules and bylaws of the society; (c) the investigation of the said books, records and accounts from time to time by the officers, auditors or agents of the society or by such persons as may be designated by the benchers or the discipline committee appointed pursuant to section 53, and whether designated in particular or by general regulation; 8. for reporting legal decisions; 9. for regulating their own procedure and that of the discipline committee in connection with the disciplinary provisions of this Act, in order to provide a procedure for carrying into effect all such provisions; 10. for the establishment and operation of a plan or plans under which the legal services of any member of the society in respect of civil or criminal matters shall be made available to indigent persons. R.S.S. 1965, c.301, s.33; 1967, c.69, s.1; R.S.S. 1978, c.l-10, s.33. Status granted to students 34 The benchers of the society may grant to any person possessed of educational qualifications, equal to those required of a student at law in Saskatchewan on his enrolment as such, who has been actually engaged in the study of law in any other part of the British Commonwealth, a status as a student of law in Saskatchewan; but not greater than his status in the country in which he had previously been a student at law, and on such condi tions as to undergoing examinations as the benchers may in each case decide. R.S.S. 1965, c.301, s.34; 1968, c.39, s.3; R.S.S. 1978, c.l-10, s.34. Special admission to practise 35(1) Notwithstanding anything in this Act, but subject to subsection (2), the benchers may make rules and regulations for the admission of persons, other than those mentioned in section 5, to practise as barristers and solicitors. (2) No such person shall be admitted to practise as a barrister and solicitor unless he is a Canadian citizen or other British subject and has been admitted to practise as legal practitioner in some pro vince, state or country. R.S.S. 1965, c.301, s.35; R.S.S. 1978, c.l-10, s.35. False pretences 36(1) Any unqualified person who pretends or holds himself out to be a barrister and solicitor of Saskatchewan or takes, assumes or uses any name, title, addition or description other than such as he actually possesses and is legally entitled to, or implying or calcu lated to lead people to infer that he is a barrister and solicitor duly enrolled or that he is recognized by law as a barrister and solicitor or lawyer qualified and entitled to practise or do business as such with in Saskatchewan, or in any way publishes or advertises himself as such, is guilty of an offence and liable on summary conviction to a fine not exceeding $100.

15 LEGAL PROFESSION c. L (2) Any person, not the holder of a subsisting annual certificate issued to him pursuant to the rules and bylaws of the society, who wilfully pretends to be or takes or uses any name, title, addition or description implying that he is qualified or recognized by law as qualified to act as a barrister or solicitor is guilty of an offence and liable on summary conviction to a fine not exceeding $100. (3) In any prosecution under this Act the burden of proof as to enrolment and qualification shall be upon the person accused. R.S.S. 1965, c.301, s.37; R.S.S. 1978, c.l-10, s.36. Disposal of fines 37 All fines imposed and recovered under this Act shall belong to the society and form part of the funds thereof. R.S.S. 1965, c.301, s.38; R.S.S. 1978, c.l-10, s.37. Special fund for certain purposes 38(1) The benchers may create a special fund by the levy of an annual assessment, of such amount as may be fixed by the benchers from time to time, on the members of the society entitled to practise in the province, for the purpose of reimbursement in whole or in part of persons sustaining pecuniary loss by reason of the misappropriation or conversion by any member of the society, after the date on which this section comes into force, of money or other property entrusted to or received by such member in his pro fessional capacity, and the benchers may make such rules and bylaws as they deem necessary: (a) respecting the administration of the special fund; and (b) to provide for the charging to the special fund of expenses incurred in connection with audits, investigations and hear ing, pertaining to members accounts; but the expenses so charged shall not exceed $1,000 in connection with any single audit, investigation or hearing. (2) A member of the society who fails to pay any annual assess ment levied under subsection (1) shall be subject to the same con sequences as a member who fails to pay his annual fee. (3) The fund created pursuant to subsection (1) shall be deposited in an account in a chartered bank, separately and apart from all other funds of the society, and shall be the property of the society. (4) The fund and the proceeds thereof may be invested in such securities as the benchers from time to time determine, and shall be administered by the benchers in such manner as they in their discretion deem proper and shall not be subject to any trust. (5) The benchers shall not later than the first day of February in each year cause to be prepared a report as to the fund and all dis positions made thereof during the last preceding calendar year and shall not later than the said date cause a copy of the report to be delivered to the Attorney General. R.S.S. 1965, c.301, s.39; 1968, c.39, s.4; R.S.S. 1978, c.l-10, s.38.

16 16 c. L-10 LEGAL PROFESSION Society may enter contract of insurance respecting its members 39(1) The society may, by resolution of the benchers, from time to time enter into any contract of insurance whereby any member, or any class or any group of members, is insured in respect of claims for damages arising out of the errors, omissions or negligence of such member in his practice as a barrister and solici tor, and the society shall be deemed to be the agent of such mem ber for the purpose of entering into any such contract. (2) The benchers may by resolution require, as a condition of membership in the society, that any member be insured, in an amount to be determined from time to time by the benchers, against claims for damages arising out of such member s errors, omissions or negligence in his practice as a barrister and solicitor. 1976, c.26, s.1; R.S.S. 1978, c.l-10, s.39. FUNDS OF SOCIETY Fees 40 All fees, dues and subscriptions payable under the provi sions of this Act shall be the property of the society and shall be paid to the treasurer thereof. R.S.S. 1965, c.301, s.40; R.S.S. 1978, c.l-10, s.40. Custody of funds 41 The funds of the society shall be deposited by the treasurer to the credit of the society in a chartered bank and shall be with drawn only by cheque signed by the treasurer and countersigned by a bencher authorized for the purpose by the benchers in convoca tion or by cheque signed by a bencher and countersigned by another bencher, both authorized for the purpose by the benchers in convocation. R.S.S. 1965, c.301, s.41; R.S.S. 1978, c.l-10, s.41. Expenditure 42 The funds of the society shall be disbursed and appropriated under the direction of the benchers in payment of the necessary expenses of the society including the granting of pensions or retire ment allowances to employees or former employees; but the benchers may disburse and appropriate to the Canadian Bar Associ ation out of those funds amounts not exceeding $500 per annum and may out of those funds provide for relief and assistance for members of the society who in the opinion of the benchers are in needy circumstances, for burial of such persons and for relief and assistance of their wives and families. R.S.S. 1965, c.301, s.42; R.S.S. 1978, c.l-10, s.42. Investment of funds 43 The benchers may invest at interest such portions of the funds of the society as are not required for the ordinary purposes of the society, and for the purposes of such investment and any subse quent variation or transposition thereof, the benchers shall have all the powers of investment and all the enabling powers of trustees under The Trustee Act. R.S.S. 1965, c.301, s.43; R.S.S. 1978, c.l-10, s.43.

17 LEGAL PROFESSION c. L Purchase of libraries 44(1) The benchers may expend such portion of the funds of the society as are not required for the ordinary purposes thereof in the establishment of, or addition to, law libraries for the general use of the members at such points in Saskatchewan as they deem proper. Borrowing powers (2) The benchers may also pass bylaws from time to time pro viding for borrowing money for the purpose of the establishment of, or addition to, law librarires for the general use of the members at such points in Saskatchewan as they deem proper; and for issuing debentures, with coupons attached for the instalments payable thereunder, for the amount proposed to be borrowed with interest. (3) The amounts borrowed under subsection (2) shall at no time exceed in the aggregate the sum of $15,000 and they shall be made payable in consecutive annual instalments, in such manner that: (a) an equal amount of the principal together with the total interest on the principal, or balance of principal, remaining due shall he payable in each year of the period during which the debenture is to run; or (b) the aggregate amount payable for principal and interest in any year shall be equal, as nearly as may be, to what is payable for principal and interest during each of the other years of such period. (4) The period during which debentures are to run shall not exceed twenty years from their respective dates. (5) Every debenture issued under the foregoing provisions shall constitute a specific charge upon all the law libraries owned by the society at the time of the issue thereof or thereafter acquired, and upon the gross annual income of the society received from the members of the society for annual certificates. (6) The debentures shall be under the common seal of the society and shall be signed by the president or vice-president and the treasurer. (7) No purchaser of a debenture shall be bound to inquire as to the application of the money borrowed thereon. (8) Any municipality may invest in such debentures any part of the moneys held by it to the credit of a sinking fund account which it can lawfully invest by purchase of Dominion Government securities, school or municipal debentures; and any trustee, execu tor or administrator may invest in such debentures any part of the money in his hands which he can otherwise lawfully invest. R.S.S. 1965, c.301, s.44; R.S.S. 1978, c.l-10, s.44. LAW FOUNDATION Establishment 45(1) There shall be a corporation called the Law Founda tion, hereinafter called the foundation, comprimising seven mem bers, of whom: (a) one member shall be the Attorney General or his appointee;

18 18 c. L-10 LEGAL PROFESSION (b) two members, at least one of whom is not a member of the society, shall be appointed by the Attorney General; and (c) four members shall be members of the society appointed by the benchers. (2) A member of the foundation, other than the Attorney General or his appointee under clause (a) of subsection (1), shall hold office for two years and shall continue in office until his suc cessor is appointed. (3) Of the members referred to in clause (c) of subsection (1), one shall be appointed as chairman of the foundation by the benchers. (4) Where a vacancy occurs in the office of a member, the per son or body by whom he was appointed may appoint to the vacant office any person eligible to be appointed to that office and the per son so appointed shall hold office for the remainder of the term of the member whom he replaces and shall continue in office until his successor is appointed. (5) A quorum of the foundation shall be four members thereof. (6) Subject to subsection (5), the members of the foundation may act notwithstanding any vacancy in the foundation. (7) No act done by the authority of the foundation shall be invalid in consequence of any defect that is discovered in the appointment of its members. (8) An appointed member of the foundation may resign upon giving one month s notice in writing to the foundation of his inten tion to do so and his resignation shall take effect upon the expira tion of the notice or upon its earlier acceptance by the foundation. (9) Where: (a) a member of the foundation ceases to possess the qualifications necessary for his appointment; or (b) the appointment of a member is for cause terminated by the person or body that appointed that member; his membership on the foundation shall forthwith cease. 1971, c.22, s.3; 1973, c.55, s.2; R.S.S. 1978, c.l- 10, s.45. Powers of foundation 46 The foundation may acquire, hold, mortgage, dispose of and otherwise deal with real and personal property for the purposes of the foundation. 1971, c.22, s.3; R.S.S. 1978, c.l-10, s.46. Fund of foundation 47(1) The purpose of the foundation is to establish and main tain a fund to be used for the purposes of legal education, legal research, legal aid, law libraries and law reform. (2) The foundation shall apply, cause to be applied, the funds of the foundation in such manner as it may decide for the purposes of the foundation.

19 LEGAL PROFESSION c. L (3) The funds of the foundation shall consist of all sums paid to the foundation by solicitors as provided in section 49, interest accruing from the investment of the funds of the foundation and any other moneys received by the foundation. (4) There shall be paid out of the funds of the foundation the costs, charges and expenses involved in the administration of the foundation, and the costs, charges and expenses incurred by the foundation in carrying out its purposes. (5) All moneys of the foundation shall, pending investment or application in accordance with this section, be paid into a bank or trust company in the province to the credit of a separate account to be called the Law Foundation Account and that account shall be used for the purposes of the foundation. (6) The foundation may invest at interest, in the name of the foundation, such portions of the funds of the foundation as are not required for the purposes of the foundation, and for the purposes of such investment and any subsequent variation or transposition thereof the foundation has all the powers of investment and all the enabling powers of a trustee under The Trustee Act. (7) The accounts of the foundation shall be audited annually by a chartered accountant appointed for the purpose by the benchers. 1971, c.22, s.3; 1973, c.55, s.3; R.S.S. 1978, c.l- 10, s.47. Bylaws 48(1) The foundation may make bylaws for purposes relating to the affairs, business, property and objects of the foundation and, without limiting the generality of the foregoing, may make bylaws respecting: (a) the number and designation of officers of the foundation; (b) the appointment of and terms of office of officers of the foundation and all matters relating to their offices; (c) the resignation or removal of officers of the foundation; (d) the number and designations of employees of the founda tion other than officers, and their terms and conditions of employment; (e) the remuneration, if any, of officers and employees of the foundation; and (f) the operation of the Law Foundation Account. (2) Sections 98 to 102 apply, mutatis mutandis, to bylaws of the foundation. 1971, c.22, s.3; R.S.S. 1978, c.l-10, s.48. Payment of interest to foundation 49(1) In this section solicitor means a member of the society. (2) Every solicitor receiving or holding money in trust for or on account of clients generally shall deposit the money in an interest bearing account. (3) A solicitor is not liable, by virtue of the relation between solicitor and client or by virtue of the relation between the solicitor as trustee and a cestui que trust, to account to any person other than the foundation for interest received by the solicitor on moneys deposited in trust for or on account of clients generally.

20 20 c. L-10 LEGAL PROFESSION (4) A solicitor who is credited with interest on moneys received or held in trust for or on account of clients generally is deemed to hold the interest in trust for the foundation and shall remit the interest to the foundation in accordance with the rules of the society, and the society shall make rules to ensure that all interest so credited to the solicitor is paid to the foundation. (5) Nothing in this section or in the rules of the society made pursuant to this section shall: (a) affect any arrangement in writing, whenever made, between the solicitor and his client as to the application of the client s money or interest thereon; or (b) apply to money deposited in a separate account for a client at interest that shall be and remain the property of the client. 1971, c.22, s.3; 1973, c.55, s.4; , c.55, s.2; R.S.S. 1978, c.l-10, s.49. Annual report 50(1) The foundation shall: (a) annually prepare and submit to the Attorney General a re port of the foundation respecting the work performed by the foundation in the immediately preceding fiscal year in the carrying out of its purpose; (b) submit to the Attorney General the report of the auditor who has audited the accounts of the foundation for its immediately preceding fiscal year as required under subsec tion (7) of section 47. (2) The reports submitted under subsection (1) shall be laid before the Legislative Assembly by the Attorney General in accordance with The Tabling of Documents Act. 1973, c.55, s.5; R.S.S. 1978, c.l-10, s.50. DISCIPLINARY Barristers are officers of court 51 All barristers and solicitor shall be officers of the courts, and the Court of Appeal or the Court of Queen s Bench, or any judge of either, shall possess and may exercise the same powers and jurisdiction over and in respect of barristers and solicitors as on the six teenth day of September, 1907, was possessed by the Supreme Court of Judicature in England over and in respect of solicitors of that court. R.S.S. 1965, c.301, s.45; R.S.S. 1978, c.l-10, s.51. Assisting unauthorized persons to practise 52 No barrister and solicitor shall wilfully and knowingly act as the professional agent of any person not duly enrolled and qualified to act as a barrister and solicitor, or suffer his name to be used in any such agency on account of, or for the profit of, an unqualified person, or send any process to such person or do any other act to enable such person to practise in any respect as a barrister and solicitor, knowing him not to be duly qualified. R.S.S. 1965, c.301, s.46; R.S.S. 1978, c.l-10, s.52.

21 LEGAL PROFESSION c. L Discipline committee 53(1) The benchers shall appoint, and shall maintain for the purposes hereinafter named, a committee of their members to be known as the discipline committee, not exceeding five in number, of whom three shall constitute a quorum, and may at any time alter the number, constitution and tenure of office of such committee. (2) The discipline committee shall meet from time to time for the dispatch of business and, subject to any rules made by the benchers, may regulate the convening, notice, place, management and adjournment of such meetings, the appointment of a chairman, the mode of deciding questions, and generally the transaction and management of business; and, if there is a quorum, the committee may act notwithstanding any vacancy in their body and, in case of a vacancy, may appoint a bencher to fill the vacancy until the next convocation of the benchers. R.S.S. 1965, c.301, s.47; R.S.S. 1978, c.l-10, s.53. Inquiries 54(1) The discipline committee shall, on a written order of the benchers, or may, either of its own motion or on the application of any person, inquire into and determine any matter of complaint against a member of the society where it is in substance alleged, or the committee has reasonable grounds for believing, that the mem ber has been guilty of: (a) professional misconduct or conduct unbecoming a barrister and solicitor or gross negligence in conducting or handling for a client any matter whether in litigation or not; or (b) default in payment of moneys received by him in his capacity as a barrister and solicitor; or (c) a breach of any provision of this Act or of any rule or bylaw made or passed hereunder. (2) At such inquiry the discipline committee may receive testimony and evidence and hear and inquire into any matter of complaint against any member of the society and, subject to subsec tion (4) of section 57, determine and pronounce judgment thereon, notwithstanding that the existence, interpretation or construction of a contract, or the determination of any other question of fact, may be involved, and without referring such matters, or any of them, to the courts for adjudication. The finding or judgment of the discipline committee shall take the form of a report to the benchers. (3) The discipline committee may receive as evidence: (a) a copy of any document or exhibit heretofore or hereafter received as evidence and filed in a court in Canada if it is cer tified, by the clerk or other officer having custody of the records of the court in which the document or exhibit is filed or by the presiding judge or magistrate of that court, to be a true copy; or (b) a transcript of the evidence of any witness heretofore or hereafter given in a court in Canada if it is certified, by the clerk or other officer having custody of the records of that court or by the presiding judge or magistrate of that court or by the person who recorded the evidence, to be a true copy; without proof of the signature or official character of the person so certifying or other proof whatever. R.S.S. 1965, c.301, s.48; R.S.S. 1978, c.l-10, s.54.

22 22 c. L-10 LEGAL PROFESSION Same 55(1) Where a barrister and solicitor on the roll was also called to the bar or enrolled as an attorney, barrister, advocate or solicitor in another jurisdiction, the disbarment, striking off the roll or suspension from practice of the barrister and solicitor in the other jurisdiction as a result of a complaint that is of a like nature to any of the matters of complaint mentioned in clauses (a) and (b) of subsection (1) of section 54 is a matter of complaint that the discipline committee may inquire into and determine under subsection (1) of section 54. (2) The discipline committee may received as evidence a copy of any document or exhibit heretofore or hereafter received as evi dence and filed with, or a transcript of the evidence of any witness heretofore or hereafter given before, the governing body of the bar or law society or any committee thereof in another jurisdiction at or in respect of an inquiry relating to the right or privilege of a person to practise in that jurisdiction as an attorney, barrister, advocate or solicitor, if the document or exhibit is certified by the clerk, secre tary or other officer having custody of the records of that governing body or the transcript is certified by that clerk, secretary or officer or by the person who recorded the evidence to be a true copy, and no proof of the signature or official character of the person so certify ing or other proof shall be required. R.S.S. 1965, c.301, s.49; R.S.S. 1978, c.l-10, s.55. Power of committee to suspend from practice 56(1) After holding an inquiry the discipline committee shall report to the benchers at the next following convocation its findings and such recommendations as it may deem advisable in a written report, signed by the members taking part in the inquiry and con curring in the report, together with minutes of the proceedings before the discipline committee and of the evidence adduced and all exhibits produced or copies thereof. (2) The report, if signed by a majority of the members taking part in the inquiry, shall be deemed to be the report of the committee. (3) Where the discipline committee decides or is ordered by the benchers to hold an inquiry into a matter of complaint against a member of the society the committee may at any time before, dur ing or after the holding of the inquiry suspend the member from practising during all or any portion of the period commencing on the day on which the committee decides or is ordered to hold the inquiry and ending on the last day of the convocation of the benchers next following. R.S.S. 1965, c.301, s.50; R.S.S. 1978, c.l-10, s.56. Bencher s powers 57(1) The benchers in convocation may, upon receiving a re port from the discipline committee and after consideration thereof and of the proceedings in relation thereto, if they find the matter of complaint well founded, order that the name of the person whose conduct is under inquiry be struck from the roll of barristers and solicitors, or that he be suspended from practising for such period as may be considered proper, or that the matter be referred back to the committee for further inquiry and report, or may make such other order either on terms or otherwise as may seem just. (2) The benchers in convocation may exercise the powers set out in subsection (1) notwithstanding that the exercise of these powers may require them to make findings of fact or upon ques tions of contract or as to the existence of a contract as between the member of the society and his client or clients.