Law Society of Alberta Code of Conduct Amendment History

Transcription

1 Code of Conduct History

2 Code of Conduct History CODE OF CONDUCT AMENDMENT TABLE _V to paragraphs [9] and [10] of commentary regarding the obligation of a lawyer when advising a client s to withdrawal Rules and new Rule on a lawyer leaving a law firm to paragraphs [4] and [5] of commentary regarding possession of incriminating evidence. AMENDMENT TABLE _V to Rule and. 3, 3, New Rule prohibiting a lawyer from improperly influencing a witness. New Rule prohibiting obstruction during evidence. New to explain appropriate means of communication with witnesses. 3, 3, AMENDMENT TABLE _V1 All Rules Chapters and Rules renumbered and consequential crossreferences amended; paragraphs in commentary numbered (see note below on renumbering) Deletion of discriminatory language in relation to #: _V2 Page 1 of 9

3 Code of Conduct History mental illness and addictions (new) New commentary explaining duty to report error to client; new rule creating ethical duty to report potential claims to the insurer. Notes on Code of Conduct re-numbering: 1. The renumbering has been introduced to make the Code of Conduct numbering consistent with the Federation of Law Societies Model Code of Professional Conduct. 2. The Definitions section is now Chapter 1 so all the chapter numbers have changed accordingly (e.g. Chapter 2 is now Chapter 3). Subsequently, all the Rule numbers have changed to match the Chapter numbers. 3. The format of the numbering has changed. Rule 2.03 becomes 3.3 with the change in chapter number and the dropping of the leading zero. Rule 2.03 (1) becomes with the change in chapter number, dropping the leading zero and changing how the numbering is presented. 4. This general change applies to all Rules (e.g (1) becomes 6.1-1) except in the following cases: Rule 2.02 (1.1) becomes Rule Subsequently, Rules 2.02 (2) to 2.02 (5) become Rules to respectively. Rule 2.02 (13) was moved in split into two rules to become Rules and Subsequently, Rules 2.02 (6) to 2.02 (12) become Rules to respectively. Rule 6.02 (8.1) becomes Rule Subsequently, Rules 6.02 (9) to 6.02 (13) become Rules to respectively. AMENDMENT TABLE 2015_V1 Definitions Remove definition for interprovincial law firm. s June 1, 2015 April 2.02(13) New rule to deal with a lawyer s obligation to advise clients of the right to proceed in the official language of the client s choice. s June 1, 2015 April 2.03(7) New rule to provide guidance regarding the protection of confidential client information during lawyers transfers between firms as well as during firm mergers and acquisitions. s June 1, 2015 April 2.04(1) The commentary has been amended. s June 1, 2015 April 2.04(3) This is a new current client rule and commentary. s June 1, 2015 April 2.04(4) This is a new concurrent client rule and commentary. s June 1, 2015 April #: _V2 Page 2 of 9

4 Code of Conduct History 2.04(5) Minor amendments to rule and commentary regarding joint retainers. s June 1, (7) Minor rule amendment. s June 1, (8) (10) 2.04(14) 2.06(8) 4.01(2) (t) 4.01(9) 4.01(10) Minor amendments to rules and commentary governing transferring lawyer conflicts. rule and commentary to replace reference to related person with family member. rule and commentary to replace references to interprovincial law firm and partnership between Canadian lawyers and foreign lawyers with interjurisdictional law firm. to add reference to quasi-criminal charges and complaints to regulatory authorities. s to rule and commentary to delete references to evidence having evidentiary value in a criminal proceeding. New rule and commentary regarding possession of incriminating physical evidence s June 1, 2015 s June 1, 2015 s June 1, 2015 s June 1, 2015 s June 1, 2015 s June 1, 2015 April April April April April April April April AMENDMENT TABLE 2013_V2 Definitions 2.01 (2) 2.02 (1.1) 6.02 (8) Add definition for limited scope retainer. Changes to commentary for duty of competence regarding limited scope retainers. New rule for limited scope retainers. Add reference to new rule 6.02 (8.1). s October 3, 2013 s October 3, 2013 s October 3, 2013 s October 3, 2013 October 2013 October 2013 October 2013 October (8.1) New rule and commentary s October 3, 2013 #: _V2 Page 3 of 9

5 Code of Conduct History for limited scope retainers. October 2013 AMENDMENT TABLE 2013_V1 Rules 2.04(1) Add commentary on Concurrent Clients s 7, AMENDMENT TABLE 2012_V1 Rules 2.04 New conflict of interest rules where rules 2.04 (1) through (11) being replaced by new rules 2.04 (1) to (13). 2012_V1 s 2012 September 2012 Definitions Definition of conflict of interest and lawyer have been amended. 2012_V1 s 2012 September 2012 AMENDMENT TABLE 2011_V1 Code of Conduct (based on FLSC model) adopted Entire Code of Professional Conduct replaced. 2011_V1 s November 1, 2011 June 2011 CODE OF PROFESSIONAL CONDUCT AMENDMENT TABLE 2009_V1 Chapter 6, New Rule 5.1 & New Rule applicable to conflicts and short-term legal services provided by nonprofit legal service providers 2009_V1 s June 6, 2009 s June 2009 #: _V2 Page 4 of 9

6 Code of Conduct History AMENDMENT TABLE 2008_V1 Chapter 2, G.1(h) New requirements for Continuing Professional Development 2008_V1 s November 29, 2008 s November 2008 AMENDMENT TABLE 2007_V1 Chapter 5 s to C.1(b) & C.1(c) 2007_V1 s 1, 2007 September AMENDMENT TABLE _V2 Index Updated Index References _V2 s Publication s AMENDMENT TABLE _1 Chapter 1 Title and Statement of Principle _5 December Chapter 1 Rule 5 & C.1 Access to legal services _2 December Change numbering for subsequent rules 6-10 and related rule references in each rule Chapter 1, G.1 G.1 amended to include access to legal services and authorized practise _2 December Chapter 5 Title, Statement of Principle and Text _2 December #: _V2 Page 5 of 9

7 Code of Conduct History Chapter 7 C.8(c) & (e) amended to address confidentiality associated with threat of suicide _1 2, 2, Chapter 9, Rule 7.2 Chapter 9, 7.2 amended to address confidentiality associated with threat of suicide _1 2, 2, Chapter 10, Rule 4 Rule 4 amended changing member to lawyer _2 Executive Chapter 10 Rule 28 Rule 28(d) and C.28 amended regarding disciplinary review of Crown Prosecutors _2 December AMENDMENT TABLE _1 Chapter 6 C.3.4 Added C.3.4 added to address prospective clients _1 Chapter 9, G.1 Chapter 9, G.1 G.1 amended to correspond with amendment to Chapter 6, 3.4 _1 Chapter 6, Chapter 10, Rule 4 and Rule 4 amended to include quasi-criminal charge and law society complaints and C.4 amended to include quasi-criminal charge _1 Chapter 10, C.4 C.4 amended to include law society complaints _1 April 8, April 8, April Chapter 10, C.4 #: _V2 Page 6 of 9

8 Code of Conduct History AMENDMENT TABLE 2004_2 This table contains amendments made since Release 9, May 2001 Chapter 1 6 amended November 2001 November 2001 's Chapter amended April 2002 April 2002 's Chapter 4 Rule 11(a) amended December 1998 December 1998 's Chapter 5 Rule 6 and 6 amended November 2001 November 2001 's Chapter amended May 2001 May 2001 's Chapter 7 Rule 8(e.1) and 8(e.1) added November 2001 November 2001 's Chapter 9 18 amended April 2002 April 2002 's Chapter 13 Interpretation Chapter 5 Rule 7(c) is added and 7 amended Added first sentence to definition of lawyer Rule 2 changed to 2(a) and Rule 2(b) and C.2.3 added November 2001 November 2001 's November 2002 November 2002 s 2004_ 's Chapter 6 9 amended 2004_ 's Chapter 6 Rule 3 and amended 2004_2 June 2004 June 2004 's Chapter 6 C.4 amended 2004_2 June 2004 June 2004 's #: _V2 Page 7 of 9

9 Code of Conduct History AMENDMENT TABLE 2004_1 This table contains amendments made since Release 9, May 2001 Chapter 1 6 amended November 2001 November 2001 's Chapter amended April 2002 April 2002 's Chapter 4 Rule 11(a) amended December 1998 December 1998 's Chapter 5 Rule 6 and 6 amended November 2001 November 2001 's Chapter amended May 2001 May 2001 's Chapter 7 Rule 8(e.1) and 8(e.1) added November 2001 November 2001 's Chapter 9 18 amended April 2002 April 2002 's Chapter 13 Interpretation Chapter 5 Rule 7(c) is added and 7 amended Added first sentence to definition of lawyer Rule 2 changed to 2(a) and Rule 2(b) and C.2.3 added November 2001 November 2001 's November 2002 November 2002 s 2004_ 's Chapter 6 9 amended 2004_ 's #: _V2 Page 8 of 9

10 Code of Conduct History AMENDMENT TABLE This table contains amendments made since Release 9, May 2001 Chapter 1 6 amended November 2001 November 2001 's Chapter amended April 2002 April 2002 's Chapter 4 Rule 11(a) amended December 1998 December 1998 's Chapter 5 Rule 6 and 6 amended November 2001 November 2001 's Chapter amended May 2001 May 2001 's Chapter 7 Rule 8(e.1) and 8(e.1) added November 2001 November 2001 's Chapter 9 18 amended April 2002 April 2002 's Chapter 13 Interpretation Rule 7(c) is added and 7 amended Added first sentence to definition of lawyer November 2001 November 2001 's November 2002 November 2002 s #: _V2 Page 9 of 9