Legal Profession Act: Law Society of Saskatchewan Governance Role

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This report provides an overview of the legal profession in Saskatchewan and the role of the Law Society of Saskatchewan in governing it. It discusses the Law Society's mandate, mission, and values, as well as its activities in regulating the profession, including setting standards, enforcing codes of conduct, and handling public complaints. The report also outlines the public complaints process, potential misconduct within the profession, and relevant sections of the Legal Profession Act, 1990, which empowers the Law Society. It further references the Law Society's website, detailing its historical context, objectives, and regulatory functions.
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Assignment-Business Law
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Table of Contents
INTRODUCTION: SELF-REGULATED PROFESSION IN SASKATCHEWAN....................................2
STATUE GOVERNING LEGAL PROFESSION: LAW SOCIETY OF SASKATCHEWAN...................3
THE MISSION AND VALUE STATEMENTS FOR LEGAL PROFESSION..........................................3
ACTIVITIES OF THE LEGAL PROFESSION..........................................................................................4
CODE OF CONDUCT OF LEGAL PROFESSION...................................................................................4
DESCRIPTION OF WEBSITE: LAW SOCIETY OF SASKATCHEWAN...............................................5
THE PUBLIC COMPLAINTS PROCESS..................................................................................................6
MISCONDUCT OR INCOMPETENCE IN PROFESSION.......................................................................7
SPECIFIC SECTIONS OF THE ENABLING STATUTE, REGARDING DISCIPLINARY....................8
REFERENCES............................................................................................................................................8
INTRODUCTION: SELF-REGULATED PROFESSION IN SASKATCHEWAN
In the year 2013, the CPHR Saskatchewan started its operation to become a self regulated
profession. The recognition as a professional and having the authority to self regulate the process
to the stakeholders and association. The main goals of the profession in Saskatchewan are to
analyze the credibility of the available human resources profession and for the protection of the
public interest. The CPHR Saskatchewan bill was passed in the legislative assembly in between
the year 2016-17 with an objective to protect the rights of a profession and professional in a
particular field.
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PROFESSION CHOSEN: LEGAL PROFESSION
I have chosen the legal profession as my topic of analysis and the role of Law society of
Saskatchewan to govern the aforesaid profession. The legal profession includes solicitors,
lawyers, legal advisors, Members of the Bar Council, Public Prosecutor, Legal Attorney, Legal
Assistant, Magistrate, Judge etc.
Legal profession is always considered as one of the though and complicated profession across
the globe. The legal profession is governed by the rules and regulation provided by the Legal
Profession Act. 1990 in Canada.
STATUE GOVERNING LEGAL PROFESSION: LAW SOCIETY OF
SASKATCHEWAN
According to the provisions of the Legal Profession Act, 1990, Law Society of Saskatchewan has
the authority to govern the legal profession. However, this law society is not affiliated or funded
by the Government of the country. The main aim of the law society is to govern the legal
profession with the consideration to the public interest.
The law society is managed and controlled a group of lawyers and experts in the field of law who
are responsible to set the standards, code of conduct of the profession, service quality etc. The
law society also has the power to take corrective action against the legal professional if they
violate any of the standards prescribed by the law society.
It is to be noted that the legal profession must not be interfered by the state. The independent
factor must be there which can benefit the client and public at large. It may rely on a lawyer who
represent, defend and protect the interest of the state.
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THE MISSION AND VALUE STATEMENTS FOR LEGAL PROFESSION
The mission statement of the legal profession is to access justice, follow the rule of the law, to
work towards the society and economy through the policies, law and services.
The following are the value statements of the legal profession;
The legal professionals must act honestly and impartially.
They should take responsibility of their own decisions and actions.
They have the responsibility to do the right thing in a right way.
The professionals must treat everyone with utmost respect and courtesy.
They must understand the needs of their clients.
They must take pride in their work and provide quality service within the specified time.
MANDATE AND PURPOSE OF LAW SOCIETY OF SASKATCHEWAN
The following are the purposes of the Law Society of Saskatchewan:
It works towards for the protection of the public by regulating the integrity values and
competence in legal services.
It does promotional activities to access legal services.
It ensures the independence of the legal professionals
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It provides new guidelines and regulations for the smooth administration justice and the
rule of the law.
ACTIVITIES OF THE LEGAL PROFESSION
The law society is managed and controlled a group of lawyers and experts in the field of law who
are responsible to set the standards, code of conduct of the profession, service quality etc. The
law society also has the power to take corrective action against the legal professional if they
violate any of the standards prescribed by the law society. The following are the activities
involved in the legal profession;
To work for the rights of the general public To exercise the rights of the clients To conduct the litigation process To probate the activities To reserve the instrument activities To administrate the oaths
CODE OF CONDUCT OF LEGAL PROFESSION
The following are the code of conduct of the legal profession;
Integrity: A lawyer's duty must be to act with integrity and respect. Relationship to Clients: To solve the issues of the clients by maintaining the service
quality confidentiality, competence, conflicts of interest and fees
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The Practice of Law: To work according to the issues related to marketing and
advertising of law practices and professional services Relationship with the Administration of Justice: It is a lawyer's responsibility to
participate in the court and legal system for the administration of justice Relationship with the Students, Employees: A lawyer's conduct towards his students and
employees should not be partial and free from discrimination. Relationship with the Law Society and Other Lawyers — a lawyer's responsibilities
toward the Law Society and members of the profession, involvement in multi-discipline
practices and public office
DESCRIPTION OF WEBSITE: LAW SOCIETY OF SASKATCHEWAN
The website of the law society of Saskatchewan is meant for the regulation and governance of
the legal profession in Canada. According to the website, the ordinance for the regulation of the
legal profession was passed in the year 1885. At that time, there were only 55 attorneys in the
territory. However, the number of legal professional increased to 176 in the year 1898.
The website also mentions the mission, vision and purpose of the law society. As per the details
mentioned on the website under the provisions of the Legal Profession Act, 1990, Law Society
of Saskatchewan has the authority to govern the legal profession. However, this law society is
not affiliated or funded by the Government of the country. The main aim of the law society is to
govern the legal profession with the consideration to the public interest.
The law society is managed and controlled a group of lawyers and experts in the field of law who
are responsible to set the standards, code of conduct of the profession, service quality etc. The
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law society also has the power to take corrective action against the legal professional if they
violate any of the standards prescribed by the law society.
It is to be noted that the legal profession must not be interfered by the state. The independent
factor must be there which can benefit the client and public at large. It may rely on a lawyer who
represent, defend and protect the interest of the state.
THE PUBLIC COMPLAINTS PROCESS
The following are the step by step process which needed to be followed if anyone has a
complaint regarding a lawyer or legal practitioner ;
Fill a complaint form
In the form provide the necessary details which are relevant
After filling the form sign the complaint form and send the same to the law society
Also provide the additional information if required
Fill a complaint form
The complaint form provides all the necessary information regarding the complaint made. The
complaint forms are available on the relevant website of the law society which can be
downloaded from the website. After the download process one can take a print out of the form
and fill it by hand or can fill the form online and take a print out of the same.
In the form provide the necessary details which are relevant
The following are the necessary details which need to be filled in the complaint form;
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The name, address, telephone number and other contact information of the person who is filing
the complain
The name, address and contact details of the legal practitioner against whom the complaint is
being made
Accurate and authentic information against the legal practitioner and what type of misconduct
he performed
The supporting documents for filling the complaint which may be account statement, retainer
letter, letters from the legal practitioner and other important documents which are related to the
transaction for which the complaint is being made.
It is to be noted that the person who is filling a complaint may not be able to access the
documents which are stored online or cloud format.
The name, address and contact information about the witnesses related to complaint.
After filling the form sign the complaint form and send the same to the law society
Once the form is filled, the person making the complaint must sign the form, attach the copy of
the supporting and relevant documents and send the same to the law society by email or fax. One
can also send the signed complaint form along with the relevant documents to the law society at
the following address
Complaints & Compliance, Law Society of Ontario, Osgoode Hall, 130 Queen Street West
Toronto, Ontario M5H 2N6, General line: 416-947-3315, Toll-free: 1-800-668-7380, Fax: 416-
947-5263
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MISCONDUCT OR INCOMPETENCE IN PROFESSION
The professional misconduct and negligence of a legal practitioner is considered as a multi faced
approach now a days. There are various disciplinary tribunals and statutes that provide necessary
judgment for any kind of misconduct performed by the legal practitioner. The following are
some of the misconduct which are punishable under the law and statue;
Lack of integrity while performing a task
Discrimination and racial attitude towards the clients
Not providing quality services and doing such acts which are related to the conflict of interest
Charging high amount of fees than the usual fees
Work against the law and order provided by the statue
Giving false information about the legal acts and amendments related to a particular field of law
Not participating in the courts and legal system for the administration of justice
Partial treatment towards students and employees
Working for some illegal business
SPECIFIC SECTIONS OF THE ENABLING STATUTE, REGARDING DISCIPLINARY
The Legal Profession Act, 1990 provides the power to the Law Society of Saskatchewan to
govern the legal profession. However, this law society is not affiliated or funded by the
Government of the country. The main aim of the law society is to govern the legal profession
with the consideration to the public interest.
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The legal profession must not be interfered by the state. The independent factor must be there
which can benefit the client and public at large. It may rely on a lawyer who represent, defend
and protect the interest of the state.
The law society is managed and controlled a group of lawyers and experts in the field of law who
are responsible to set the standards, code of conduct of the profession, service quality etc. The
law society also has the power to take corrective action against the legal professional if they
violate any of the standards prescribed by the law society.
The following are the statue and regulatory bodies which have the authority for the practice of
the legal profession;
Law Society of Upper Canada The Certified General Accountants of Ontario Regulatory colleges, committees and governing bodies The Investment Industry Regulatory Organization of Canada
The Institute of Chartered Accountants
REFERENCES
(n.d.). Retrieved from https://www.martinpalmer.com/: https://www.martinpalmer.com/an-
introduction-to-the-law-profession
Approved regulators. (n.d.). Retrieved from http://www.legalservicesboard.org.uk:
http://www.legalservicesboard.org.uk/can_we_help/approved_regulators/index.htm
History of the Law Society. (n.d.). Retrieved from tps://www.lawsociety.sk.ca:
tps://www.lawsociety.sk.ca/about-us/what-is-our-purpose/history-of-the-law-society/
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How to Make a Complaint. (n.d.). Retrieved from http://www.lsuc.on.ca/:
http://www.lsuc.on.ca/with.aspx?id=644
How We Accomplish Our Purpose. (n.d.). Retrieved from https://www.lawsociety.sk.ca/:
https://www.lawsociety.sk.ca/about-us/how-we-accomplish-our-purpose/
LAW SOCIETY OF SASKATCHEWAN LIBRARIES. (n.d.). Retrieved from
http://www.publications.gov.sk.ca/department.cfm?d=154&cl=1:
http://www.publications.gov.sk.ca/department.cfm?d=154&cl=1
LEGAL PROFESSION ACT. (n.d.). Retrieved from http://www.bclaws.ca/:
http://www.bclaws.ca/civix/document/id/complete/statreg/98009_01
Mission Statement, Vision, Values and Strategic Directions. (n.d.). Retrieved from
https://www.lawsociety.sk.ca/:
https://www.lawsociety.sk.ca/about-us/what-is-our-purpose/mission-statement-vision-values-
and-strategic-directions/
Professional Misconduct and Disciplinary Tribunals. (n.d.). Retrieved from
https://www.rogersonlaw.com: https://www.rogersonlaw.com/professional-misconduct-lawyer-
and-disciplinary-tribunals/
Regulation of the Legal Profession. (n.d.). Retrieved from https://www.lawsociety.sk.ca/:
https://www.lawsociety.sk.ca/about-us/what-is-our-purpose/regulation-of-the-legal-profession/
Rules of Professional Conduct. (n.d.). Retrieved from http://www.lsuc.on.ca/lawyer-conduct-
rules/: http://www.lsuc.on.ca/lawyer-conduct-rules/
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Rules of the Law Society of Saskatchewan. (n.d.). Retrieved from
http://www.lawfoundation.sk.ca/: http://www.lawfoundation.sk.ca/about/rules-of-the-law-
society-of-sk
Teacher, L. (n.d.). The Legal Profession. Retrieved from https://www.lawteacher.net/free-law-
essays/administrative-law/the-legal-profession.php: https://www.lawteacher.net/free-law-
essays/administrative-law/the-legal-profession.php
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