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.

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
Air Conditioning Units and Window Wells on Real Property Reports	Recommended practice in the City of Calgary as to whether, and when (if at all), a Real Property Report must be updated to show (i) air conditioning units and (ii) window wells.	Demonstrate Good Character, Use Sound Judgement	Private Practice, Sole Practitioner & Small Firm	Guide	External Source
Recommended Rules Of Practice Respecting Real Property Reports	Report to reduce the uncertainty and disagreements that often arise between lawyers concerning Real Property Reports	Demonstrate Good Character, Use Sound Judgement	Private Practice, Sole Practitioner & Small Firm	Guide	External Source
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
Trust Conditions Guidelines	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
Understanding and Avoiding Law Society Complaints	This article addresses the common issues that face practicing lawyers, and concludes with a list of tips and resources found on our website.	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
20 Red Flags of Bad Cheque Fraud You Should Recognize	Don't be complacent and think you will never be fooled. These frauds are getting ever more sophisticated. Learn about the most common red flags of a bad cheque fraud.	Act Ethically	Private Practice, Management	Article	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
Paying Practice Debts	Learn about ethical responsibilities of lawyers and law firms to financial commitments and business dealings.	Act Ethically	Private Practice, Sole Practitioner & Small Firm	Article, Guide	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
Returning to Practice	This guide is intended to help you navigate the reinstatement process.	Act Ethically, Use Sound Judgement	Private Practice, Management, In-House, Sole Practitioner & Small Firm, Government & Non-Profit	Guide, Checklist	Law Society of Alberta
Software Comparison Chart Software Data Preservation Options	These comparison charts detail features and pricing options to consider when choosing the practice management/accounting software package that is right for your firm.	Act Ethically	Private Practice, Sole Practitioner & Small Firm	Guide	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
To File or Not to File	File retention practices are changing due to the cost of storing files and the attractive alternatives offered by technology. Learn about the different considerations when addressing your firm’s file retention and document strategy.	Act Ethically	Private Practice, Management, In-House, Sole Practitioner & Small Firm, Government & Non-Profit	Article	Law Society of Alberta
Top 10 Ways to Secure your Online World	A top priority for all law firms and corporate legal departments is to ensure that online activities are protected. There is no ‘one size fits all’ approach but this resource lists several best practices that act as a good starting point to protect your firm or legal department.	Act Ethically	Private Practice, Management, Sole Practitioner & Small Firm	Article	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
Conveyancing Protocol	The protocol prescribes enhanced standards of conveyancing practice, which will result in better service for clients.	Act Ethically	Private Practice, Sole Practitioner & Small Firm	Guide	Law Society of Alberta
Applying Protocol	The protocol prescribes enhanced standards of conveyancing practice, which will result in better service for clients.	Act Ethically	Private Practice, Sole Practitioner & Small Firm	Guide	Law Society of Alberta
Conveyancing Protocol: FAQ	The protocol prescribes enhanced standards of conveyancing practice, which will result in better service for clients.	Act Ethically	Private Practice, Sole Practitioner & Small Firm	Guide	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
Mortgage Instructions Toolkit	Prepared by the CBA Real Property Section, the practice tools in this toolkit can help you respond to some common lender instruction requests.	Act Ethically, Use Sound Judgement	Private Practice, Sole Practitioner & Small Firm	Guide	External Source
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
Understanding the Prohibition on the Purchase of Residential Property by Non-Canadians Act	The Prohibition on the Purchase of Residential Property by Non-Canadians Act (the Act) came into force on Jan. 1, 2023. The Act will be in force for two years and real estate lawyers need to consider the impact of the Act on their practice and their clients.	Act Ethically, Use Sound Judgement	Private Practice, Sole Practitioner & Small Firm	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
Law Firm Self-Report – Feb. 13, 2018	The Law Firm Self-Report went online effective Nov. 8, 2017. It is mandatory for law firms to e-file a completed Self-Report online via the Lawyer Portal.	Act Ethically	Private Practice, Management, Sole Practitioner & Small Firm	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
Practice Transition Videos	These webinars guide lawyers through important information, options and resources related to transition of their legal careers. The videos provide general information to lawyers who are starting their own firms; moving to another firm; planning to become inactive; or seeking to reinstate, retire or resign.	Act Ethically	Private Practice, Management, In-House, Sole Practitioner & Small Firm, Government & Non-Profit	Webinar, Video	Law Society of Alberta
Avoid the Penalty Box	The Alberta Lawyers Indemnity Association (ALIA) manages the professional liability insurance program for lawyers in Alberta. Learn about the different trends in claims presented to ALIA, inspired by the names of NHL teams.	Use Sound Judgement	Private Practice, Management, In-House, Sole Practitioner & Small Firm, Government & Non-Profit	Article	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