A law society is an association established by a statute of the Legislative Assembly of a province (the Law Society Act). Law societies are not government agencies; rather, their membership consists of all lawyers in the province. A law society's board of directors consists of 40 lawyers (called "benchers") elected by the members from among their ranks, as well as four "lay benchers" appointed by the provincial government. Elections are held every four years. The statute gives the Law Society authority to regulate the legal profession in the province. The purpose of the Law Society is to ensure that anyone who practises law in the province is knowledgeable and competent, and to protect the public against incompetent and dishonest lawyers. The Law Society administers a course that all law students must pass before they can practise law. If a professor fails a student, the student has a right to appeal his or her mark to a committee of the Law Society. If a law student passes the course, the Law Society issues a licence authorizing that person to practise law. The Law Society specifies standards of conduct that all lawyers must meet and practices that must be followed in maintaining a law office, such as keeping certain books and records, particularly financial records. It sets these standards through regulations under the Law Society Act and through binding rules that it can make under that Act, as well as policies and guidelines that are not binding. The benchers make these regulations, rules, policies, and guidelines. Through its benchers, the Law Society also makes recommendations to the provincial government about changes to the Law Society Act; new regulations that the government, rather than the benchers, may enact; and other changes to practices and legislation that are favourable to its membersfor example, increases in the rate of payment for legal aid cases, and regulation of paralegals and others who are not lawyers but do certain kinds of legal work. The Law Society also provides continuing education programs that lawyers are encouraged to attend. All practising lawyers in a province are required to carry malpractice insurance provided by a corporation established by the Law Society. The Law Society Act prohibits the practice of law without payment of the insurance premiums.The Law Society carries out random audits of law firms' financial records to ensure that they are being kept properly. It also carries out random reviews of lawyers' files to ensure that lawyers are providing satisfactory services to their clients. In addition, the staff of the Law Society investigate complaints of malpractice brought by clients and by other lawyers. If the staff find that there has been a breach of any regulation or rule of the Law Society Act or that a lawyer has fallen below an appropriate standard of conduct, a hearing is conducted before a panel of benchers to determine whether the lawyer should be disciplined. Lawyers on the staff of the Law Society act as prosecutors, bringing forward the evidence collected by other staff during the investigation. At the end of the hearing, the panel may find the lawyer guilty or not guilty of professional misconduct. If the lawyer is found guilty, possible disciplinary measures include a reprimand, mandatory re- education, a suspension of his or her licence to practise, or a permanent revocation of the licence. 

1. Which of the functions described above are subject to the rules of procedural fairness, and which are not? Explain. 

2. Of the functions that are subject to the rules of procedural fairness, which ones are subject to the more stringent requirements of natural justice? Explain.

 

Answer rating: 100% (QA)

Answer 1 Functions subject to the rules of procedural fairness and those that are not Functions subject to the rules of procedural fairness The appeal ... View the full answer