Class 7 - Part 2: Improving the Practice of Law - Topic 6: Regulation

Question 1

Function of the Society

s. 4.1 It is a function of the Society to ensure that,

Answer 1

(a) all persons who practise law in Ontario or provide legal services in Ontario meet standards of learning, professional competence and professional conduct that are appropriate for the legal services they provide; and
(b) the standards of learning, professional competence and professional conduct for the provision of a particular legal service in a particular area of law apply equally to persons who practise law in Ontario and persons who provide legal services in Ontario.

Question 2

Principles to be applied by the Society
s. 4.2 In carrying out its functions, duties and powers under this Act, the Society shall have regard to the following principles:

Answer 2

1. The Society has a duty to maintain and advance the cause of justice and the rule of law.
2. The Society has a duty to act so as to facilitate access to justice for the people of Ontario.
3. The Society has a duty to protect the public interest.
4. The Society has a duty to act in a timely, open and efficient manner.
5. Standards of learning, professional competence and professional conduct for licensees and restrictions on who may provide particular legal services should be proportionate to the significance of the regulatory objectives sought to be realized.

Question 3

LSO RPC 7.8.2 (Discipline)

Answer 3

Disciplinary Authority
7.8.2-1 A lawyer is subject to the disciplinary authority of the Law Society regardless of where the lawyer’s conduct occurs.

Professional Misconduct
7.8.2-2 The Law Society may discipline a lawyer for professional misconduct.

Conduct Unbecoming a Lawyer
7.8.2-3 The Law Society may discipline a lawyer for conduct unbecoming a lawyer.

Question 4

Alternative Business Structures (ABS):
Anti-ABS rules

Answer 4

Law Society Act, R.S.O. 1990, c. L.8
s.61.0.1(1)(b) Subject to the by-laws… one or more persons who are licensed to provide legal services in Ontario may establish a professional corporation for the purpose of providing legal services in Ontario.
…
s.61.0.1(4) All of the issued and outstanding shares of a professional corporation described in clause (1) (b) shall be legally and beneficially owned, directly or indirectly, by one or more persons who are licensed to provide legal services in Ontario.

LSO RPC 3.6-7 (Division of Fees and Referral Fees)
3.6-7 A lawyer shall not
(a) directly or indirectly share, split, or divide their fees with any person who is not a lawyer or paralegal, or
(b) give any financial or other reward to any person who is not a lawyer or paralegal for the referral of clients or client matters.