Professional Conduct - Law Society of Alberta

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Professional Conduct

These resources support lawyers in being honest, trustworthy and acting with integrity. They help lawyers execute good judgment and adhere to high standards of behaviour and accountability – to their clients, co-workers, colleagues, members of the legal profession, the courts, tribunals and the Law Society.

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Resource	Description	Topic	Audience	Format	Publisher
An Ethical Trap: Dealing With Unmerited Fee Complaints	It’s unethical to settle a fee dispute in exchange for the client’s promise not to report a complaint or to withdraw a Law Society complaint.	Act Ethically, Demonstrate Good Character	Private Practice, Sole Practitioner & Small Firm	Article	Law Society of Alberta
Code of Conduct: Guidance on Ethical and Practice Management Issues	Originally published in the CBA Law Matters on Feb. 19, 2021. In delivering legal services in Alberta, lawyers have to be aware of and comply with the Legal Profession Act, the Code of Conduct, and the Rules of the Law Society of Alberta.	Act Ethically, Demonstrate Good Character	Private Practice, Management, In-House, Sole Practitioner & Small Firm, Government & Non-Profit	Article	Law Society of Alberta
Employee Theft on the Rise: Are You at Risk?	Employee theft exposes lawyers and law firms to personal financial risk.	Act Ethically, Use Sound Judgement	Private Practice, Management, Sole Practitioner & Small Firm	Article	Law Society of Alberta
Ethical and Effective Advertising	The best legal advertising is memorable, informative and assists members of the public to find lawyers who can help them with their legal problems.	Act Ethically, Demonstrate Good Character	Private Practice, Management, Sole Practitioner & Small Firm	Article	Law Society of Alberta
Ethical Queries and Quandaries: Issues Commonly Raised With Practice Advisors	From the Winter 2019 Edition of CBA – Alberta Branch Law Matters. The Practice Advisors see many of the same issues arising across the full spectrum of practice areas.	Demonstrate Good Character, Use Sound Judgement	Private Practice, Management, In-House, Sole Practitioner & Small Firm, Government & Non-Profit	Article	External Source
LinkedIn: Maintaining Authenticity in Your Online Profile	When you accept and publish LinkedIn endorsements that are suspect, are you violating the Law Society of Alberta’s Code of Conduct?	Act Ethically, Demonstrate Good Character	Private Practice, Management, In-House, Sole Practitioner & Small Firm, Government & Non-Profit	Article	Law Society of Alberta
Navigating Not-For-Profits	The Federation of Law Societies of Canada’s Model Code of Professional Conduct encourages lawyers to act as directors of not-for-profit and charitable organizations.	Demonstrate Good Character, Use Sound Judgement	Management, Private Practice, In-House, Sole Practitioner & Small Firm, Government & Non-Profit	Article	Law Society of Alberta
Original Wills: Privilege and Lien Issues	Although it is recommended that lawyers give original wills to the testator client with appropriate instructions for storage, they sometimes remain in the lawyer’s file or vault.	Act Ethically, Use Sound Judgement	Private Practice, Sole Practitioner & Small Firm	Article	Law Society of Alberta
Privacy Breached: Now What?	For hackers, lawyers represent a high value target. Billions of dollars flow through Alberta lawyers’ trust accounts every year.	Act Ethically, Use Sound Judgement	Private Practice, Management, In-House, Sole Practitioner & Small Firm, Government & Non-Profit	Article	Law Society of Alberta
Recording Virtual Court Proceedings	Virtual court proceedings afford great opportunities to deliver legal services in an efficient, client-centered way. Lawyers need to be mindful of their ethical obligations during these proceedings.	Act Ethically, Demonstrate Good Character	Private Practice, Management, In-House, Sole Practitioner & Small Firm, Government & Non-Profit	Article	Law Society of Alberta
Signing Court Orders	Lawyers owe a duty to the court to sign orders to which they have agreed or which have been granted by the court.	Demonstrate Good Character, Use Sound Judgement	Private Practice, In-House, Sole Practitioner & Small Firm, Government & Non-Profit	Article	Law Society of Alberta
Solicitor-Client Privilege and Demands for Disclosure	In response to inquiries from lawyers regarding demands for disclosure, the Law Society of Alberta developed a position statement to provide guidance when they are faced with such demands.	Act Ethically, Use Sound Judgement	Private Practice, Management, In-House, Sole Practitioner & Small Firm, Government & Non-Profit	Article, Guide	Law Society of Alberta
Top 10 Ways to Avoid Law Society Complaints	Provide your clients with realistic timelines for their matter, and update those timelines when things change.	Act Ethically, Demonstrate Good Character	Private Practice, Management, In-House, Sole Practitioner & Small Firm, Government & Non-Profit	Article, Guide	Law Society of Alberta
The Code of Conduct and Your Staff	A skilled legal assistant makes for happier clients, happier lawyers and, often, a better bottom line. With this in mind, you must also empower your legal support staff with the knowledge they need to succeed.	Act Ethically, Use Sound Judgement	Private Practice, Management, In-House, Sole Practitioner & Small Firm, Government & Non-Profit	Article	Law Society of Alberta
What Can a Student-at-Law Do?	You will see that the right to give legal advice and appear before courts turns upon being a lawyer, barrister, solicitor, member of the bar, advocate, avocat, attorney, agent, counsel or officer of the court.	Act Ethically, Use Sound Judgement	Private Practice, Government, Sole Practitioner & Small Firm	Article, Guide	Law Society of Alberta
When a Lawyer Leaves A Firm	Lawyers are no longer committed to the same firm for their whole careers, and regularly move to new firms or leave to start their own practices.	Act Ethically, Demonstrate Good Character	Private Practice, Management, Sole Practitioner & Small Firm	Guide	Law Society of Alberta
Working Remotely – Applying the National Mobility Rules	If you have taken your practice online or provide services across provincial boundaries, do you know where you stand? Learn about how the National Mobility Agreement governs and facilitates temporary and permanent mobility of lawyers between Canadian jurisdictions.	Act Ethically, Use Sound Judgement	Private Practice, Management, In-House, Sole Practitioner & Small Firm, Government & Non-Profit	Article, Guide	Law Society of Alberta
Trust Conditions Guide	Alberta lawyers appreciated the format of the previous Code rules respecting trust conditions – a familiar checklist or guide for working through trust conditions issues.	Act Ethically, Demonstrate Good Character	Private Practice, Sole Practitioner & Small Firm	Guide, Checklist	Law Society of Alberta
Business Continuity and Succession Plan Guide and Checklist	This guide is designed to provide background information about business continuity and succession planning. Additionally, it identifies items to consider in developing your plan and provides resources where you can find additional information and templates so you can develop a customized plan for your unique circumstances.	Act Ethically	Private Practice, Management, In-House, Sole Practitioner & Small Firm, Government & Non-Profit	Guide, Checklist	Law Society of Alberta
Contingency Fee Issues	Learn about common problems relating to contingency fee matters, including contingency fee agreements that do not comply with the Rules of Court, charging fees on retainer deposits and inaccurately calculating fees on advances.	Act Ethically	Private Practice, Sole Practitioner & Small Firm	Article	Law Society of Alberta
Crossing the Border with Electronic Devices	Prepared by the Policy Counsel Counterpart Group, Federation of Law Societies of Canada. With travelers at Canadian airports and border crossings subject to increasing scrutiny, it is important for lawyers to have an understanding of how the privacy interests of their clients may be impacted by legislation and policies developed to address public safety issues.	Act Ethically	Private Practice, Management, In-House, Sole Practitioner & Small Firm, Government & Non-Profit	Article, Guide	External Source
File Retention and Document Management	Learn about your ethical obligations and best practices in file management, storage and destruction.	Act Ethically	Management, Private Practice, Sole Practitioner & Small Firm	Article, Guide, Checklist	Law Society of Alberta
Law Firm Startup Trust Safety Milestones	Trust Safety milestones from day one to the fourth month.	Act Ethically	Private Practice, Sole Practitioner & Small Firm	Infographic	Law Society of Alberta
Password Managers: Locking the Barndoor with Better Passwords	Poor password habits have become a target for cybercriminal activity, instead of a line of defense. There are practical things you can do to restore the protective function of our passwords.	Act Ethically	Private Practice, Management, In-House, Sole Practitioner & Small Firm, Government & Non-Profit	Article, Guide, Checklist	Law Society of Alberta
Protecting Client Confidentiality and Data Security While Working Remotely	Learn about how to protect client confidentiality and data security while working remotely.	Act Ethically	Private Practice, Management, In-House, Sole Practitioner & Small Firm, Government & Non-Profit	Article, Guide	Law Society of Alberta
Retirement Guide	This guide is designed to provide information about the retirement process. It identifies items to consider in developing your plan and provides resources containing additional information and templates.	Act Ethically, Use Sound Judgement	Private Practice, Sole Practitioner & Small Firm, Management	Guide, Checklist	Law Society of Alberta
Start-Up Kit	This resource provides some considerations for starting up a law firm.	Act Ethically	Private Practice, Sole Practitioner & Small Firm	Article, Guide, Checklist	Law Society of Alberta
Top 5 Ways to Avoid Falling Into the Mortgage Fraud Trap	This "Top 5" list is a starting point to avoid falling into a mortgage fraud trap.	Act Ethically	Private Practice, Management, Sole Practitioner & Small Firm	Article	Law Society of Alberta
Two Email Tips to Save You From Heartache	Email communication is effective and efficient in many ways, but we have all experienced moments when our heart skips a beat when we think a mistake has been made. Learn about two easy adjustments to your Outlook email settings to save stress and reduce errors in your email communication.	Act Ethically	Private Practice, Management, In-House, Sole Practitioner & Small Firm, Government & Non-Profit	Article, Guide, Podcast	Law Society of Alberta
Disbursing the Undisbursable: What to do with Unclaimed Trust Funds	Law firms occasionally hold trust funds for extended periods of time when they cannot locate the clients or other parties to whom the funds belong. What can you do in this case?	Act Ethically	Sole Practitioner & Small Firm, Private Practice, Management	Article, Guide	Law Society of Alberta
Trust Bank Reconciliations	How to review a trust bank reconciliation: trust bank balances, client trust listings and trust journals.	Act Ethically	Sole Practitioner & Small Firm, Private Practice, Management	Article, Guide	Law Society of Alberta
Prescribed Financial Records	This resource is meant to assist lawyers to understand their obligations in relation to prescribed financial records.	Act Ethically	Sole Practitioner & Small Firm, Private Practice, Management	Guide	Law Society of Alberta
Top 10 Tips: Financial Records Management	You must do a reconciliation of your trust and general accounts by the end of the following month even if you have no balance in either account.	Act Ethically	Sole Practitioner & Small Firm, Private Practice, Management	Article	Law Society of Alberta
Trust Misappropriation: Your Ounce of Prevention	The bad news is that anyone can be a victim of fraud or theft. The good news is that there is much we can do to minimize the severity, duration and impact of loss.	Act Ethically	Sole Practitioner & Small Firm, Private Practice, Management	Article	Law Society of Alberta
Trust Safety Rules Modernization Cross Reference Tables	Guide Cross-Referencing the old Trust Safety rules with the rules adopted as of Jan. 1, 2022.	Act Ethically	Sole Practitioner & Small Firm, Private Practice, Management	Article	Law Society of Alberta
Trust Shortage and Reporting	The Rules, how to report a shortage and next steps.	Act Ethically	Sole Practitioner & Small Firm, Private Practice, Management	Article	Law Society of Alberta
Your Role as a Responsible Lawyer	As a Responsible Lawyer, you are responsible for all trust money and property received from a client. This document outlines some of your trust safety responsibilities, at a glance.	Act Ethically	Sole Practitioner & Small Firm, Private Practice, Management	Article	Law Society of Alberta
Communicating with the Court	Lawyers frequently call the Practice Advisors’ Office to discuss the ethics of communicating with the court.	Act Ethically	Private Practice, Government, Sole Practitioner & Small Firm	Article	Law Society of Alberta
Ethical Considerations Regarding Requests for Wills	When a lawyer receives a request to provide a will to someone other than the testator, the lawyer’s duty of confidentiality to the testator should guide how to respond and what information can be disclosed.	Act Ethically	Private Practice, Sole Practitioner & Small Firm	Article	Law Society of Alberta
Giving Independent Legal Advice Independent Legal Advice Checklist	Independent legal advice is never routine, and a consultation may be the client's only opportunity to consider objectively a transaction that exposes them to significant liability. Considerations for giving or sending a person for independent legal advice are provided.	Act Ethically, Use Sound Judgement	Private Practice, Sole Practitioner & Small Firm	Guide	Law Society of Alberta
New Notaries and Commissioners Act in Force April 30, 2015	They will now both be governed under the Notaries and Commissioners Act. The legislative amendments also contain consequential amendments to the Alberta Evidence Act and the Guarantees Acknowledgement Act.	Act Ethically, Use Sound Judgement	Private Practice, Management, In-House, Sole Practitioner & Small Firm, Government & Non-Profit	Article	Law Society of Alberta
Non-Lawyer Representation of Corporations in the Courts	In some cases, non-lawyer agents may be permitted to appear for parties in civil matters before the Provincial Court, or in certain summary offence matters.	Act Ethically, Use Sound Judgement	Private Practice, Management, In-House, Sole Practitioner & Small Firm, Government & Non-Profit	Article	Law Society of Alberta
OPCA Litigants – The Phenomenon of Freemen on the Land	The Law Society continues to hear concerns regarding “Organized Pseudolegal Commercial Argument” litigants (OPCA litigants), and specifically Freemen on the Land. Consequently, we want to remind lawyers of their obligations when dealing with OPCA litigants.	Act Ethically, Use Sound Judgement	Private Practice, Management, In-House, Sole Practitioner & Small Firm, Government & Non-Profit	Article	Law Society of Alberta
Untying the Knot: Withdrawing from a Client	Lawyers frequently ask the Practice Advisors whether circumstances justify firing a client. Even if the answer is yes, sometimes the lawyer is obligated to continue acting.	Act Ethically, Use Sound Judgement	Private Practice, Sole Practitioner & Small Firm	Article	Law Society of Alberta
Ethically Speaking: Addiction	A lawyer who knows that a colleague is impaired bears the burden of ensuring steps are taken to protect client interests, and may carry an additional burden: worry for their colleague. Empathy, the ability to share or understand another’s experiences, can help the lawyer navigate the difficult path of addressing lawyer impairment.	Use Sound Judgement	Private Practice, Management, In-House, Sole Practitioner & Small Firm, Government & Non-Profit	Article	Law Society of Alberta
Ethically Speaking: Competence and Wellness	If competence means doing something successfully or efficiently, a lawyer’s competence includes additional esoteric components.	Use Sound Judgement	Private Practice, Management, In-House, Sole Practitioner & Small Firm, Government & Non-Profit	Article	Law Society of Alberta
Ethically Speaking: Immune-Compromised Work Expectations	What should I do if I’m immune compromised or someone in my family is immune-compromised but I’m still expected to come into work?	Act Ethically, Demonstrate Good Character	Private Practice, Management, In-House, Sole Practitioner & Small Firm, Government & Non-Profit	Article	Law Society of Alberta
Mental Health in the Legal Profession: Your Obligations and How to Help	If you suspect a mental health issue is affecting another lawyer’s practice, what should you do?	Act Ethically, Use Sound Judgement	Private Practice, Management, In-House, Sole Practitioner & Small Firm, Government & Non-Profit	Article	Law Society of Alberta
Financially Speaking – Trust Accounts July 2020	In the first-ever episode of the Financially Speaking podcast, Trust Safety team members break down the basics of trust accounting – what a lawyer needs to do once they’ve been approved to operate trust accounts, the different kinds of trust accounts and how to manage trust accounts successfully.	Act Ethically	Private Practice, Sole Practitioner & Small Firm	Podcast	Law Society of Alberta
Financially Speaking – Lifecycle of a Trust Account	In the second episode of Financially Speaking, our hosts walk through the lifecycle of a trust account, from its creation through to its closure. And, in the spirit of Access to Justice Week, we’re not only going to focus on the logistics and obligations of those trust accounts but on the key role that pooled trust accounts play in funding access to justice initiatives in our province, with a special guest from the Alberta Law Foundation (the Foundation).	Act Ethically	Private Practice, Sole Practitioner & Small Firm	Podcast	Law Society of Alberta
2022 Trust Safety Rule Changes	Trust Safety hosts a webinar on the changes to the Trust Safety rules, which came into effect on Jan. 1, 2022.	Act Ethically	Private Practice, Management, Sole Practitioner & Small Firm	Webinar, Video	Law Society of Alberta
Anti-Money Laundering and Anti-Terrorist Financing Webinar	Trust Safety and Policy & Ethics host a webinar on the Law Society’s rule amendments regarding Anti-Money Laundering and Anti-Terrorist Financing.	Act Ethically	Private Practice, Management, Sole Practitioner & Small Firm	Webinar, Video	Law Society of Alberta
Conflicts Essentials	Lawyers must understand how to recognize conflicts of interest, how to prevent them from occurring, and what might happen if they do occur. View this webinar for more details on conflicts essentials.	Act Ethically, Use Sound Judgement	Private Practice, In-House, Sole Practitioner & Small Firm, Government & Non-Profit	Webinar, Video	Law Society of Alberta
Conflicts Essentials Part 2 Webinar	Key elements of ethical practice are recognizing conflicts of interest, understanding how to prevent them, and what might happen if they do occur. Practice Advisor, Elizabeth Aspinall, walks through common and complex scenarios to help lawyers understand when conflicts may arise and how to resolve them.	Act Ethically, Use Sound Judgement	Private Practice, In-House, Sole Practitioner & Small Firm, Government & Non-Profit	Webinar, Video	Law Society of Alberta
Practice Management 101: Road to Retirement	The Practice Management Team discusses retiring from the practice of law. If you have questions about the process and timelines for winding up your practice, the team has strategies, resources and more to help you navigate this new stage of your career.	Act Ethically	Private Practice, Sole Practitioner & Small Firm	Webinar, Video	Law Society of Alberta
Legal Research: Guidance for Inactive Lawyers	Each year, the Law Society of Alberta receives questions about whether lawyers can provide legal research services under their current membership status.	Act Ethically	Private Practice, Management, In-House, Sole Practitioner & Small Firm, Government & Non-Profit	Article, Guide	Law Society of Alberta
Employment Standards Obligations for Articling Students	Learn about employment standards obligations that apply to articling students and possible steps that can be taken for the student to contribute to the firm’s/organization’s financial income while learning to work efficiently.	Act Ethically, Demonstrate Good Character	Sole Practitioner & Small Firm, Private Practice, Management, Government & Non-Profit, In-House	Article	Law Society of Alberta
Guidance for Video Conference Witnessing and Commissioning of Documents Submitted to Land Titles for Registration	Learn about the eligibility, requirements and best practices for video conferencing witnessing and commissioning of documents submitted to Land Titles.	Act Ethically	Sole Practitioner & Small Firm, Private Practice, Management, Government & Non-Profit, In-House	Article	Law Society of Alberta
Remote Legal Services FAQ	This resource addresses frequently asked questions about obligations when providing remote legal services. Some information is based on legislative and court announcements that resulted from the COVID-19 pandemic. Please continue to monitor ongoing news releases to ensure you have current information.	Act Ethically	Sole Practitioner & Small Firm, Private Practice, Management, Government & Non-Profit, In-House	Article	Law Society of Alberta
The Generative AI Playbook: How Lawyers Can Safely Take Advantage of the Opportunities Offered by Generative AI	This resource serves as a starting point for Alberta lawyers seeking to harness the benefits of disruptive technologies like Generative AI while safeguarding their clients’ interests and maintaining their professional competence.	Act Ethically, Use Sound Judgement	Sole Practitioner & Small Firm, Private Practice, Management, Government & Non-Profit, In-House	Article	Law Society of Alberta
Disaster Planning and Recovery	Disaster can strike a practice in many different ways, and it’s important to have a plan in place to minimize the impact of these events. This guide provides advice and resources to consider when proactively planning and responding to disaster.	Act Ethically	Sole Practitioner & Small Firm, Private Practice, Management, Government & Non-Profit, In-House	Guide	Law Society of Alberta
Gen AI Rules of Engagement for Canadian Lawyers	Since Chat GPT entered the legal lexicon a little more than a year ago, several courts, law societies and liability insurers have issues guidance documents regarding the use of Generative AI. This resource helps lawyers understand the current rules of engagement in every jurisdiction where they practice.	Act Ethically, Use Sound Judgement	Sole Practitioner & Small Firm, Private Practice, Management, Government & Non-Profit, In-House	Article	Law Society of Alberta
Destination AI (English)	The Pan-Canadian AI Strategy at CIFAR welcomes participants from the Law Society of Alberta. Destination AI will give you the tools to make informed decisions about artificial intelligence. Learn from some of the world’s leading researchers about the role of artificial intelligence (AI) in your daily life today, and where it’s going in the future.	Act Ethically, Use Sound Judgement	Sole Practitioner & Small Firm, Private Practice, Management, Government & Non-Profit, In-House	Website	External Source
Generative AI: Blessing or Curse?	Webinar focusing on current Generative AI tools, issues and trends and how they directly impact the practice of law today, as well as steps you can take to safely transform its potential into tangible outcomes.	Act Ethically, Use Sound Judgement	Sole Practitioner & Small Firm, Private Practice, Management, Government & Non-Profit, In-House	Webinar	Law Society and External Collaboration
Requesting Consent for Cloud Usage and Email Communication in your Retainer Agreement	Communication is essential to effective client service. Retainer agreements provide a first opportunity to communicate the scope of your engagement and the associated fees.	Act Ethically	Sole Practitioner & Small Firm, Private Practice, Management	Article	Law Society of Alberta
Terms and Conditions of Gen AI Platforms	The use of Artificial Intelligence (AI) platforms is becoming increasingly popular, and it is important to understand the terms and conditions associated with their use. The different terms and conditions among platforms are outlined to help you consider your obligations to protect client confidentiality and privilege.	Act Ethically, Use Sound Judgement	Sole Practitioner & Small Firm, Private Practice, Management, Government & Non-Profit, In-House	Article	Law Society of Alberta
Why a Generative AI Use Policy?	AI use policies for firms and organizations are essential to realizing the benefits of Generative AI while containing risks associated with the technology. A Model Generative AI Use Policy is provided for firms and organizations to adapt to their unique circumstances.	Act Ethically, Use Sound Judgement	Sole Practitioner & Small Firm, Private Practice, Government & Non-Profit, Management, In-House	Article	Law Society of Alberta
Code of Conduct Course	The Law Society of Alberta’s Introduction to the Code of Conduct Course is intended to help lawyers and students-at-law learn about many of the ethical Rules common to legal practice in Alberta. There is no cost to take the online Course. It has been recently updated to address Code amendments and new activities have been added to help demonstrate what the Rules look like in practice.	Act Ethically, Use Sound Judgement	Sole Practitioner & Small Firm, Private Practice, Management, Government & Non-Profit, In-House	Course	Law Society and External Collaboration
Civility Best Practices	Civility is not only a professional obligation owed to clients, opposing counsel and parties, the courts and all other persons with whom lawyers have dealings, it ensures that the legal process functions smoothly without unnecessary distractions. Learn about conduct considered to be uncivil, the impact of incivility, and best practices for maintaining civility.	Act Ethically, Demonstrate Good Character	Sole Practitioner & Small Firm, Private Practice, Management, Government & Non-Profit, In-House	Article	Law Society of Alberta
Real Estate Resources	Applying Protocol Canadian Bankers Association Contact List for Matters Involving Mortgage Discharges (English Version) (French Version) Conveyancing Protocol Conveyancing Protocol: FAQ Recommended Rules Of Practice Respecting Real Property Reports	Act Ethically, Use Sound Judgement	Sole Practitioner & Small Firm, Private Practice	Article, Guide	Law Society and External Collaboration
Considerations for Choosing Accounting and Practice Management Software	Many law firms obtain accounting and practice management software to assist them in their practice. This resource outlines various considerations to assist with making the best choice for your circumstances.	Act Ethically	Sole Practitioner & Small Firm, Private Practice, Management	Checklist	Law Society of Alberta

Educational resources in this section are intended for the legal profession as an aid and are not intended to constitute legal or other professional advice. Readers must exercise their professional judgment about the accuracy, utility and applicability of the material. The Law Society of Alberta and Alberta Lawyers Indemnity Association (ALIA) accept no responsibility for any errors or omissions in any resource. If you find any information that is unclear, inaccurate or outdated, please send an email with details to Education.

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