The Legal Profession Act

4 (1) Governing body continued
4 (2) Benchers’ mandate and powers
4 (3) Benchers may act by resolution
4 (4) Benchers may act despite vacancies
4 (5) General power to make rules
4 (6) Rules are binding

5 Membership of governing body

6 (1) Rules re election of benchers
6 (2) What the rules must provide
6 (3) What the rules may provide

7 (1) Appointed lay benchers
7 (1.1) Appointed practising benchers
7 (1.2) Rules re appointed practising benchers
7 (2) Rules re appointed lay benchers and appointed practising benchers

8 Term of office

9 (1) Life benchers
9 (2) Part year counts as a year

10 Honorary benchers

OFFICERS

11 (1) President and vice-president
11 (2) Substitutes

12 (1) Chief executive officer
12 (2) Powers and duties
12 (3) Delegation

13 Other officers

MEETINGS

14 Meetings of benchers

15 (1) Meetings of members
15 (2) Annual report
15 (3) Rules about membership meetings

COMMITTEES

16 (1) Benchers may establish committees
16 (2) Rules re committees

MEMBERS OF THE SOCIETY

17 (1) Who is a member
17 (2) Qualification for membership
17 (3) Ceasing to be a member
17 (4) Members may not resign
17 (5) Rules about membership and authority to practise

18 (1) Membership records
(2) Rules re membership records and other books

MEMBERSHIP FEES AND ASSESSMENTS

19 (1) Admission fees
19 (2) Annual fees for practising lawyers
19 (3) Exemption re contribution to claims fund
19 (3.1) Exemption — district registrars
19 (4) Setting fees and assessments
19 (5) Rules re fees and assessments

PART 3 – AUTHORITY TO PRACTISE LAW

GENERAL

20 Authorized and unauthorized practice of law

20.1 Rules re permitted legal service providers

21 Rules regulating practice by students

INTERJURISDICTIONAL PRACTICE

22 Interjurisdictional practice

23 Interjurisdictional law firms

24 Members practising outside Manitoba

LAW FIRMS

24.1 Rules re law firms

24.2 (1) Application of Act and rules
(2) Obligations to clients not diminished

LIMITED LIABILITY PARTNERSHIPS

25 (1) Authority to practise in limited liability partnership
(2) Rules re limited liability partnerships

LIMITED PRACTITIONERS

25.1 Limited practitioners
25.2 Not yet proclaimed
25.3 Compliance with rules and regulations
25.4 Register
25.5 Reference in other Acts and regulations

ENFORCEMENT

26 Employment or engagement of former or suspended member

27 False representation

28 (1) Offence
(2) Offence by corporation
(3) Penalty
(4) Fine payable to minister
(5) Prosecution by society or others
(6) Repealed

29 (1) Society may apply for injunction
(2) Court may grant injunction

PART 4 – LAW CORPORATIONS

31 (1) Authority of law corporation to practise law
(2) How law corporation may practise

32 (1) Corporate permit
(2) Refusal to issue permit

33 (1) Business without permit prohibited
(2) Valid permit
(3) Restriction on business of law corporation
(4) Validity of corporate act

34 (1) Voting agreements void
(2) Unanimous shareholders’ agreements void

35 (1) Application of Act and rules
(2) Obligations to clients not diminished

36 (1) Liability of members
(2) Liability of voting shareholders

37 (1) Grounds for suspension or revocation of permit
(2) Limitation

38 References in other Acts, regulations, etc.

39 Rules re law corporations

PART 5 – REPRESENTATION IN HIGHWAY TRAFFIC MATTERS

40 (1) Authority to act as agent or provide advice
(2) Limitation
(3) Justice may bar agent

41 Privileged communication

PART 6 – PROTECTION OF THE PUBLIC

DIVISION 1 – PRACTICE STANDARDS AND LAWYER ASSISTANCE PROGRAMS

43 Practice standards

44 Programs to assist lawyers

DIVISION 2 – PROFESSIONAL LIABILITY CLAIMS FUND

45 (1) “Professional liability claim” defined
(2) Professional liability claims fund continued
(3) Purpose of claims fund
(4) Property of claims fund
(5) Professional liability insurance
(6) Payments out of claims fund
(7) Rules re claims fund

DIVISION 3 – REIMBURSEMENT FUND

46 (1) Reimbursement fund continued
(2) Purpose of reimbursement fund
(3) Property of reimbursement fund

47 (1) When loss may be compensated
(2) Reimbursement is discretionary
(3) Recovery of compensation
(4) Application of money recovered
(5) Rules re reimbursement fund

48 (1) Interjurisdictional reimbursement program
(2) Funding interjurisdictional program or losses

DIVISION 4 – FINANCIAL ACCOUNTABILITY

49 (1) Rules re financial responsibility
(2) Trustee Act

50 (1) Interest on trust deposits
(2) Interest to foundation
(3) Not required to account for interest
(4) Client-directed investment

51 (1) Unclaimed trust money
(2) Liability for trust money extinguished
(3) Trust property
(4) Payment to claimant
(5) Appeal to Court of Queen’s Bench
(6) Property held for 10 years

DIVISION 5 LAWYERS’ FEES

52 Court’s power to tax or revise costs

53 Client may apply for assessment

54 (1) Rules re interest
(2) Change of interest on taxation

55 (1) Meaning of “contingency contract”
(2) No requirement for action
(3) Requirements on making contingency contract
(4) Failure to comply
(5) Application for declaration that contract unfair
(6) Manner of giving evidence
(7) Declaration voiding contract

DIVISION 6 – CUSTODIANSHIP

57 (1) Court order appointing custodian
(2) Criteria for making the order
(3) Authority to enter and seize
(4) Additional orders
(5) Notice of application
(6) Service of court order
(7) Responsibility of person served

58 Custodian to give notice of property held

59 (1) Claiming a solicitor’s lien
(2) Custodian to give notice of claim
(3) Custodian may override lien

60 No liability

62 Recovery of expenses by society

DIVISION 7 – COMPLAINTS AND DISCIPLINE GENERALLY

64 (1) Disciplinary jurisdiction
(2) Member disciplined in foreign jurisdiction

65 Contravention of Act or rules

DIVISION 8 – COMPLAINTS AND INVESTIGATIONS

66 Complaints investigations

67 Right to obtain information

68 Committee may suspend or impose conditions

69 (1) Confidentiality of complaints and proceedings
(2) Permitted disclosure

DIVISION 9 – DISCIPLINE PROCEEDINGS

70 Discipline committee

71 (1) Provisions applicable to hearings
(2) Failure of witness to attend or give evidence

72 (1) Consequences of professional misconduct or conduct unbecoming
(2) Consequences of incompetence
(3) Order of fine or costs may be filed as court order

73 (1) Additional consequences: law firm
(2) Contravention by law firm
(3) Failure to pay fine

74 Extraprovincial misconduct

DIVISION 10 – APPEALS

75 (1) Appeal of interim suspension
(2) Time limit for appeal
(3) Further appeal

76 (1) Appeal to Court of Appeal
(2) Appeal by society to Court of Appeal
(3) Time limit for appeal

DIVISION 11 – PRIVILEGE

77 Solicitor-client privilege applies

78 (1) Exclusion of members of public
(2) How and when order can be made

80 Publication after conviction

81 (1) Exclusion of public to preserve privilege
(2) Disclosure of information in judgment

82 (1) Rules to preserve privilege
(2) Privileged records not to be produced

DIVISION 12 – EXTENSION OF APPLICATION

83 (1) Application of Divisions extended
(1.1) Application of Part to law firms
(2) Application of rules extended

PART 7 – GENERAL

84 (1) Order of precedence
(2) Repealed

85 Service and receipt of documents

86 No liability

PART 8 – THE MANITOBA LAW FOUNDATION

87 Manitoba Law Foundation continued

88 Purpose of foundation

89 (1) Powers of foundation
(2) Employment of staff

90 (1) Legal Aid and Law Society grants
(2) Pro rata amounts
(3) Reports from Legal Aid and Law Society
(4) Discretionary grants
(5) “Fiscal year” defined

91 Board of directors

92 Powers of board

93 (1) Term of office
(2) Appointment of successors

94 Disqualification of director

100 Conflict of interest

101 (1) Annual audit and report
(2) Tabling in Legislative Assembly

102 No liability

103 Corporations Act does not apply

PART 9 – TRANSITIONAL PROVISIONS, CONSEQUENTIAL AMENDMENTS AND COMING INTO FORCE

104 (1) Transitional: holding office
(2) Transitional: proceedings
(3) Transitional rules

105 to 107 to a complaint, investigation or proceeding referred to in subsection (2).

109 C.C.S.M. reference

110 (1) Coming into force
(2)