History
Formation of Law Society of Alberta
Bar Intended to be Self-Governing
A Century of Evolution and Progress
A Snapshot of the Law Society of Alberta’s History (A Chronological History)
Formation of Law Society of Alberta
Archival records reveal that Henry Bleeker was the first lawyer practising law in Alberta, in Edmonton, in 1882. There were no guidelines or legislation for lawyers at that time.
Some lawyers had rudimentary training at the London Inns of Court, but there was no guarantee that an individual who said he was a lawyer, in fact knew anything more about the law than the client.
In 1898, a Territorial Ordinance took control over the legal profession. The majority of control was retained by the government, but discipline was administered by the courts.
The arrival of the 20th century brought tremendous growth when Alberta and Saskatchewan were carved out of the vast region of the Northwest Territories in 1905. There was a huge economic and population boom, changing the social structure of Western Canada forever. After the formation of the province, many institutions and structures were developed that would have a lasting impact on the development of Alberta.
When the two provinces were created, questions arose about how lawyers should be governed. This debate was understandable given the Law Society of the Northwest Territory’s limited role, narrow financial resources and small membership.
In 1907, the Alberta legislature passed the first Legal Profession Act. Soon after, the Benchers of the Law Society of the NWT convened in Banff. In meetings, the Benchers (Directors) moved, debated and passed a motion to create two new societies. On September 16, 1907 (just two days after the creation of Jasper National Park), the Law Society of Alberta and the Law Society of Saskatchewan were created.
With the formation of the Law Society began the practice of assigning each member admitted to the Bar a number in the order of their call to the Bar, called the Roll of Members. The first lawyer to be assigned a roll number was the Honourable James Lougheed, KC, the grandfather of the Honourable Peter Lougheed, former premier of Alberta.
The Benchers in 1907 and 1913
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Bar Intended to be Self-Governing
From the beginning in 1907, the Bar was intended to be self-governing. Lawyers would be governed by an elected group of lawyers. The individuals in this group were called Benchers (a term dating back to the Inns of Court of England), and they served as the Board of Directors for the Law Society.
Self-governance did require help from time to time. Initially, for example, the Courts handled the issues of discipline, suspension and disbarment of members. This pattern was developed from the Inns of Court of England and a study of the Law Society of Upper Canada. One thing the early profession did not want, however, was a division between Barristers and Solicitors. A profession where a licensed member of the Bar could do solicitor’s work or appear freely before the Courts was quickly adopted as the norm in Alberta.
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A Century of Evolution and Progress
By 1928, an amendment to the Act allowed the Benchers wide powers to govern the conduct of its members. Many pivotal moments in the history of the Law Society led to higher and higher standards each consecutive decade.
Bonding lawyers first became an issue in the recession of the mid-twenties and did not abate during the Depression. In July of 1934, the question of bonding solicitors was referred to a committee of the Benchers. The government responded by passing legislation in March 1939, creating the first Assurance Fund in Canada.
If assurance was a child of the Depression, insurance has a more recent history. Group insurance with an insurance company was launched in 1969. To monitor insurance concerns, the standing Insurance Committee (now the Insurance and Loss Prevention Committee) was established.
The modernization of the Law Society led to the introduction of categories of lawyer misconduct in the 1970s, streamlining the procedures and making discipline hearings open to the public.
Legal ethics followed the evolution of the Law Society at every step. In its early years, the Society developed rules of ethics as needed. By 1976, the Canadian Bar Association produced a Code of Professional Conduct, which the Law Society adopted.
Legal ethics is a constantly evolving area in the profession and the Canadian Bar Association in 1984 revised its Code of Professional Conduct. The standards of legal education were also evolving to confront the need for high standards in the legal profession.
In 1937, a rule was adopted so that only individuals with a law degree could qualify for admission to the Bar. Today, all Alberta lawyers hold law degrees from accredited institutions. Alberta now has two law schools: the University of Calgary and the University of Alberta.
The evolving role and responsibilities of the Law Society of Alberta has mirrored, and even driven, social and historical change in Alberta.
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A Snapshot of the Law Society of Alberta’s History
A Chronological History:
- 1882: Henry Bleeker was one of the first lawyers practising law in Edmonton before Alberta became a province in 1905
- 1907: Alberta Legislature passes first Legal Profession Act. Law Society of Alberta comes into being with nine elected members and 144 members are entered on the roll
- 1909: Law Society appoints first solicitor
- 1914: University of Alberta grants first law degree. Canadian Bar Association is formed
- 1915: First Woman called to the Bar of Alberta. Lillian Ruby Clements of Vegreville graduated in 1912 from McMaster University in Toronto
- 1916: Directors (Benchers) take steps to ensure representation from rural Alberta
- 1924: Alberta government adds law libraries to civil service as a result of Law Society recommendations
- 1925: Lawyers are required to account for trust funds administer on behalf of clients
- 1928: Amendments to the Legal Profession Act extend wide powers to Directors (Benchers) to govern conduct of members
- 1931: Law Society establishes relief fund to assist indigent lawyers
- 1932: Directors (Benchers) introduce the needy Litigants Program to exempt needy litigants from payment of court costs and legal fees in civil case
- 1937: Directors (Benchers) approve rule that only individuals with a law degree or equivalent could qualify for admission to the Alberta Bar
- 1939: Law Society moves to establish an assurance fund. Government approves legislation creating first fund of its kind in Canada
- 1949: Law Society transfers complete administrative and financial control of public law libraries to the Department of the Attorney General
- 1950: Directors (Benchers) receive report of establishment of Legal Aid Program
- 1954: The articling program is revised. Honourable R.B. Bennett donates to Law Society stock to create a Scholarship Fund, later known as the Viscount Bennett Scholarship Fund
- 1955: The number of Directors (Benchers) increase to 14
- 1959: Directors (Benchers) decide to engage a full-time secretary
- 1962: Directors (Benchers) introduce a program of spot auditing members’ trust accounts
- 1963: The Law Society and provincial government negotiate a Legal Aid program designed to help needy litigants in criminal cases, taking effect in Edmonton in 1964 and in 1965 throughout the province
- 1964: Law Society moves its main office to Calgary
- 1969: Group insurance with a commercial insurance carrier is launched along with a Standing Insurance Committee
- 1970: Alberta Legal Aid Plan is formally established as a joint venture between the Law Society and Department of Attorney General to provide for payment of legal fees incurred by needy clients
- 1973: Government legislation creates Alberta Law Foundation and the Legal Aid Society of Alberta is formed to administer the Legal Aid program
- 1975: Legal Education Society of Alberta becomes incorporated as a non-profit. Incorporation of first law practices start
- 1976: Deans of Edmonton and Calgary law schools are appointed Honourary Benchers and invited to sit with the Directors (Benchers). Law Society of Alberta adopts a Code of Professional Conduct
- 1982: Executive Committee is first formed
- 1983: Law Society employs first director of insurance
- 1984: Law Society hires first Practice Advisor; Attorney General appoints two Public Representatives (Lay Benchers)
- 1986: Law Society opens its second office in Edmonton
- 1987: Canadian Lawyers Insurance Association is formed under general sponsorship of the Federation of Law Societies
- 1991: Government passes latest version of Legal Profession Act and creates third position of Public Representative (Lay Bencher)
- 1993: Alberta Code of Professional Conduct is adopted
- 1994: Directors (Benchers) approve new Code of Professional Conduct
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