Law Society of Alberta
Encyclopedia
The Law Society of Alberta is the self-regulating body
for lawyers in Alberta
, Canada
.
, the Law Society is much more than a professional association and every lawyer who practices in Alberta must belong to it. The Society's mandate is to regulate the legal profession
in the public interest
.
The Society is primarily concerned with admission and discipline of members, educating the public, and preventing the unauthorized practice of law
.
The Society has passed The Rules of the Law Society of Alberta to govern the Society, to exercise the Society's powers and duties, and for the management and conducts of its business and affairs.
The Society is a member of the Federation of Law Societies of Canada
.
degree (which in turn requires preliminary university study), completion of a twelve month period of apprenticeship with an experienced practioner called articling, and completion of bar admission exams. Bar admission exams in Alberta are more akin to assignments which test practical application of the law instead of pure legal knowledge. In addition to these academic requirements, the Legal Profession Act requires that a candidate be of "good character and reputation."
The Alberta Bar is one of the few that still admits its members one at a time in a very personalized ceremony. Once admitted, lawyers in Alberta, as in other common-law Canadian provinces but unlike England, are both barristers and solicitors. Members of the Society (and judges of the Court of Queen's Bench of Alberta
and the Court of Appeal of Alberta
) are also notaries public
pursuant to section 3 of the Notaries Public Act, but unlike those who become notaries public through an appointment, members of the Society do not have an appointment expiration date.
. A lawyer that has been disbarred is no longer legally able to practice law in Alberta.
Self-regulatory organization
A self-regulatory organization is an organization that exercises some degree of regulatory authority over an industry or profession. The regulatory authority could be applied in addition to some form of government regulation, or it could fill the vacuum of an absence of government oversight and...
for lawyers in Alberta
Alberta
Alberta is a province of Canada. It had an estimated population of 3.7 million in 2010 making it the most populous of Canada's three prairie provinces...
, Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
.
Purpose
The Law Society is created and governed by the Legal Profession Act (Alberta). As a law societyLaw society
A Law Society in current and former Commonwealth jurisdictions was historically an association of solicitors with a regulatory role that included the right to supervise the training, qualifications and conduct of lawyers/solicitors...
, the Law Society is much more than a professional association and every lawyer who practices in Alberta must belong to it. The Society's mandate is to regulate the legal profession
Profession
A profession is a vocation founded upon specialized educational training, the purpose of which is to supply disinterested counsel and service to others, for a direct and definite compensation, wholly apart from expectation of other business gain....
in the public interest
Public interest
The public interest refers to the "common well-being" or "general welfare." The public interest is central to policy debates, politics, democracy and the nature of government itself...
.
The Society is primarily concerned with admission and discipline of members, educating the public, and preventing the unauthorized practice of law
Practice of law
In its most general sense, the practice of law involves giving legal advice to clients, drafting legal documents for clients, and representing clients in legal negotiations and court proceedings such as lawsuits, and is applied to the professional services of a lawyer or attorney at law, barrister,...
.
Governance structure
The Law Society is governed by members of the profession elected by its membership to serve as benchers. In addition to elected Benchers, there are four lay benchers (non-lawyers) appointed by the Minister of Justice. There are 24 benchers in total (including the four lay benchers), each expected to serve three year terms.The Society has passed The Rules of the Law Society of Alberta to govern the Society, to exercise the Society's powers and duties, and for the management and conducts of its business and affairs.
The Society is a member of the Federation of Law Societies of Canada
Federation of Law Societies of Canada
The Federation of Canadian Law Societies is the national coordinating body of Canada's 14 law societies. It was formed in 1972 to coordinate policies of provincial and territorial law societies.-Reforms:...
.
Admission
To practice law in the Province of Alberta, a person must be admitted to the bar and a member of the Society. The Society sets its own educational admission requirements. These include a Bachelor of LawsBachelor of Laws
The Bachelor of Laws is an undergraduate, or bachelor, degree in law originating in England and offered in most common law countries as the primary law degree...
degree (which in turn requires preliminary university study), completion of a twelve month period of apprenticeship with an experienced practioner called articling, and completion of bar admission exams. Bar admission exams in Alberta are more akin to assignments which test practical application of the law instead of pure legal knowledge. In addition to these academic requirements, the Legal Profession Act requires that a candidate be of "good character and reputation."
The Alberta Bar is one of the few that still admits its members one at a time in a very personalized ceremony. Once admitted, lawyers in Alberta, as in other common-law Canadian provinces but unlike England, are both barristers and solicitors. Members of the Society (and judges of the Court of Queen's Bench of Alberta
Court of Queen's Bench of Alberta
The Court of Queen's Bench of Alberta is the superior court of the Canadian province of Alberta....
and the Court of Appeal of Alberta
Court of Appeal of Alberta
The Court of Appeal of Alberta is an Canadian appellate court.-Jurisdiction and Hierarchy within Canadian Courts:The Court is the highest court in Alberta, Canada...
) are also notaries public
Notary public
A notary public in the common law world is a public officer constituted by law to serve the public in non-contentious matters usually concerned with estates, deeds, powers-of-attorney, and foreign and international business...
pursuant to section 3 of the Notaries Public Act, but unlike those who become notaries public through an appointment, members of the Society do not have an appointment expiration date.
Discipline
The Law Society has supervisory and disciplinary functions over its members. This responsibility includes the task of enforcing the rules of the Law Society, and to discipline offending lawyers. To aid in this task, the Society has passed a Code of Professional Conduct which is in essence a written code of ethics to which all lawyers must abide. The ultimate sanction the Society could impose is disbarmentDisbarment
Disbarment is the removal of a lawyer from a bar association or the practice of law, thus revoking his or her law license or admission to practice law...
. A lawyer that has been disbarred is no longer legally able to practice law in Alberta.