The Legal Profession Act, 1990

The Legal Profession Act, 1990 delegates to the Law Society of Saskatchewan the responsibility to govern the legal profession in Saskatchewan.

The Law Society, through its rules, sets standards for admission and standards of professional conduct for lawyers. It disciplines lawyers who violate those standards. The Society also provides services to its members and works to improve the law and legal processes, including the independence of the legal profession.

The benchers are the governing body of the Law Society. Eighteen of the benchers are lawyers: one is the Dean of the College of Law of the University of Saskatchewan and 18 are elected by their colleagues to serve a three-year term. The Lieutenant Governor in Council may appoint up to four non-lawyer benchers for three-year terms.

The benchers are given the power to develop rules, including rules respecting:

• a code of professional conduct for members;
• qualification and admission (enrolling articling students and admitting persons as lawyers), including readmission and reinstatement;
• continuing legal education, standards of competence and specialization of practice;
• the content, form and manner of advertising by members;
• the resignation of members;
• the maintenance of trust accounts for the safe keeping of client trust money; and
• investigative and disciplinary powers.

All lawyers must maintain insurance to protect the public from professional errors or omissions. Lawyers must also contribute to the Indemnity Fund to reimburse members of the public if money or other property is misappropriated by a lawyer.

The Law Society shall review a member's conduct:

• when a complaint is made against a member;
• when a complaint is made against a former member, within two years after the day he or she became a former member; or
• when the Law Society becomes aware of misconduct or incompetence.

The Act establishes the Law Foundation with the objective of maintaining a fund for legal education, legal research, legal aid, law libraries and law reform. The Foundation is funded from interest accruing on money held in trust and unclaimed trust money, as well as from investment income of the Foundation.