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The Law Society is committed to ensuring that lawyers, students-at-law, complainants and other individuals who engage in Law Society processes are able to fully participate.
An individual who engages in a Law Society process may make a request for accommodation if they experience a barrier to participation because of a protected ground under the Alberta Human Rights Act (the Act).
Accommodation Request Considerations
The accommodation process requires good faith cooperation between the individual making a request for accommodation and the Law Society, including dialogue and sharing information or documentation to ensure that the request is properly understood and that appropriate accommodation is in place, where required. In making a determination on the accommodation request, the Law Society may:
- make further inquiries or require supporting documentation to assist with assessing the need for accommodation and the best way to implement an accommodation;
- require a report from a qualified professional that addresses the existence of the protected ground, and the limitations or needs associated therewith; and
- for a request for accommodation that is based on a disability, require supporting records provided by a qualified regulated or registered medical professional who has knowledge of the individual’s disability.
The Law Society has a duty to accommodate needs and limitations connected to a protected ground (not preferences) up to the point of “undue hardship.” This means that it may not be possible to provide certain accommodations, such as those that impact the Law Society’s duty to protect the public interest in a timely, fair and efficient manner and the duty to ensure that lawyers and students-at-law have the competence to practise law or provide legal services. Where an accommodation creates undue hardship, the Law Society will work to accommodate individual needs through exploring and providing other accommodations that do not create undue hardship.
The Law Society is unable to provide accommodation in the form of legal assistance.
How to Request an Accommodation
To request an accommodation, an individual should contact the Law Society’s General Counsel with “Request for Accommodation” in the subject line and include the following information:
- the Law Society process(es) that the individual is engaged in and requesting accommodation for;
- the protected ground(s) in the Act that is the basis of the accommodation request;
- the barrier to participating in the Law Society process(es) that results from the protected ground(s), including any restrictions or limitations the individual experiences or the needs of the individual that are connected to the protected ground(s);
- the specific form or type of accommodation that is being requested to enable participation in the Law Society process(es); and
- how long accommodation is being requested.
The Law Society will provide its determination on the accommodation request in writing and any other format as may be required. Information from a medical professional may be requested to substantiate the accommodation request.
The accommodation process requires good faith cooperation between the individual making a request for accommodation and the Law Society, including dialogue and sharing information or documentation to ensure that the request is properly understood.
Use of Information
The Law Society maintains the confidentiality of personal information provided for accommodation purposes, subject to:
- the requirement to disclose this information as required by law;
- the consent of the individual requesting accommodation; or
- when the accommodation could impact the rights of other parties.
In these cases, the Law Society will disclose only as much information as is necessary in the circumstances.
Information lawyers and students-at-law share with the Law Society during the accommodation process may be available to other Law Society departments to allow the Law Society to carry out its regulatory duties, including its obligation to ensure that members are competent to practise law and that students-at-law are competent to perform their duties.