Nm11 Business And Law - Assessment Answer
Answer:
Introduction: Self-Regulated Profession in Saskatchewan
In the year 2013, the CPHR Saskatchewan started its operation to become a self regulated profession. The recognition as a professional and having the authority to self regulate the process to the stakeholders and association. The main goals of the profession in Saskatchewan are to analyze the credibility of the available human resources profession and for the protection of the public interest. The CPHR Saskatchewan bill was passed in the legislative assembly in between the year 2016-17 with an objective to protect the rights of a profession and professional in a particular field.
Profession Chosen: Legal Profession
I have chosen the legal profession as my topic of analysis and the role of Law society of Saskatchewan to govern the aforesaid profession. The legal profession includes solicitors, lawyers, legal advisors, Members of the Bar Council, Public Prosecutor, Legal Attorney, Legal Assistant, Magistrate, Judge etc.
Legal profession is always considered as one of the though and complicated profession across the globe. The legal profession is governed by the rules and regulation provided by the Legal Profession Act. 1990 in Canada.
Statue Govering Legal Profession: Law Society of Saskatchewan
According to the provisions of the Legal Profession Act, 1990, Law Society of Saskatchewan has the authority to govern the legal profession. However, this law society is not affiliated or funded by the Government of the country. The main aim of the law society is to govern the legal profession with the consideration to the public interest.
The law society is managed and controlled a group of lawyers and experts in the field of law who are responsible to set the standards, code of conduct of the profession, service quality etc. The law society also has the power to take corrective action against the legal professional if they violate any of the standards prescribed by the law society.
It is to be noted that the legal profession must not be interfered by the state. The independent factor must be there which can benefit the client and public at large. It may rely on a lawyer who represent, defend and protect the interest of the state.
The Mission and Value Statements for Legal Profession
The mission statement of the legal profession is to access justice, follow the rule of the law, to work towards the society and economy through the policies, law and services.
The following are the value statements of the legal profession;
- The legal professionals must act honestly and impartially.
- They should take responsibility of their own decisions and actions.
- They have the responsibility to do the right thing in a right way.
- The professionals must treat everyone with utmost respect and courtesy.
- They must understand the needs of their clients.
- They must take pride in their work and provide quality service within the specified time.
Mandate and Purpose of Law Society of Saskatchewan
The following are the purposes of the Law Society of Saskatchewan:
- It works towards for the protection of the public by regulating the integrity values and competence in legal services.
- It does promotional activities to access legal services.
- It ensures the independence of the legal professionals
- It provides new guidelines and regulations for the smooth administration justice and the rule of the law.
Activities of The Legal Profession
The law society is managed and controlled a group of lawyers and experts in the field of law who are responsible to set the standards, code of conduct of the profession, service quality etc. The law society also has the power to take corrective action against the legal professional if they violate any of the standards prescribed by the law society. The following are the activities involved in the legal profession;
- To work for the rights of the general public
- To exercise the rights of the clients
- To conduct the litigation process
- To probate the activities
- To reserve the instrument activities
- To administrate the oaths
Code of Conduct of Legal Profession
The following are the code of conduct of the legal profession;
- Integrity: A lawyer's duty must be to act with integrity and respect.
- Relationship to Clients: To solve the issues of the clients by maintaining the service quality confidentiality, competence, conflicts of interest and fees
- The Practice of Law: To work according to the issues related to marketing and advertising of law practices and professional services
- Relationship with the Administration of Justice: It is a lawyer's responsibility to participate in the court and legal system for the administration of justice
- Relationship with the Students, Employees: A lawyer's conduct towards his students and employees should not be partial and free from discrimination.
- Relationship with the Law Society and Other Lawyers — a lawyer's responsibilities toward the Law Society and members of the profession, involvement in multi-discipline practices and public office
Description of Website: Law Society of Saskatchewan
The website of the law society of Saskatchewan is meant for the regulation and governance of the legal profession in Canada. According to the website, the ordinance for the regulation of the legal profession was passed in the year 1885. At that time, there were only 55 attorneys in the territory. However, the number of legal professional increased to 176 in the year 1898.
The website also mentions the mission, vision and purpose of the law society. As per the details mentioned on the website under the provisions of the Legal Profession Act, 1990, Law Society of Saskatchewan has the authority to govern the legal profession. However, this law society is not affiliated or funded by the Government of the country. The main aim of the law society is to govern the legal profession with the consideration to the public interest.
The law society is managed and controlled a group of lawyers and experts in the field of law who are responsible to set the standards, code of conduct of the profession, service quality etc. The law society also has the power to take corrective action against the legal professional if they violate any of the standards prescribed by the law society.
It is to be noted that the legal profession must not be interfered by the state. The independent factor must be there which can benefit the client and public at large. It may rely on a lawyer who represent, defend and protect the interest of the state.
The Public Complaints Process
The following are the step by step process which needed to be followed if anyone has a complaint regarding a lawyer or legal practitioner ;
- Fill a complaint form
- In the form provide the necessary details which are relevant
- After filling the form sign the complaint form and send the same to the law society
- Also provide the additional information if required
Fill a complaint form
The complaint form provides all the necessary information regarding the complaint made. The complaint forms are available on the relevant website of the law society which can be downloaded from the website. After the download process one can take a print out of the form and fill it by hand or can fill the form online and take a print out of the same.
In the form provide the necessary details which are relevant
The following are the necessary details which need to be filled in the complaint form;
The name, address, telephone number and other contact information of the person who is filing the complain
The name, address and contact details of the legal practitioner against whom the complaint is being made
Accurate and authentic information against the legal practitioner and what type of misconduct he performed
The supporting documents for filling the complaint which may be account statement, retainer letter, letters from the legal practitioner and other important documents which are related to the transaction for which the complaint is being made.
It is to be noted that the person who is filling a complaint may not be able to access the documents which are stored online or cloud format.
The name, address and contact information about the witnesses related to complaint.
After filling the form sign the complaint form and send the same to the law society
Once the form is filled, the person making the complaint must sign the form, attach the copy of the supporting and relevant documents and send the same to the law society by email or fax. One can also send the signed complaint form along with the relevant documents to the law society at the following address
Complaints & Compliance, Law Society of Ontario, Osgoode Hall, 130 Queen Street West
Toronto, Ontario M5H 2N6, General line: 416-947-3315, Toll-free: 1-800-668-7380, Fax: 416-947-5263
Misconduct or Incompetence in Profession
The professional misconduct and negligence of a legal practitioner is considered as a multi faced approach now a days. There are various disciplinary tribunals and statutes that provide necessary judgment for any kind of misconduct performed by the legal practitioner. The following are some of the misconduct which are punishable under the law and statue;
Lack of integrity while performing a task
Discrimination and racial attitude towards the clients
Not providing quality services and doing such acts which are related to the conflict of interest
Charging high amount of fees than the usual fees
Work against the law and order provided by the statue
Giving false information about the legal acts and amendments related to a particular field of law
Not participating in the courts and legal system for the administration of justice
Partial treatment towards students and employees
Working for some illegal business
Specific Sections of the Enabling Statute, Regarding Disciplinary
The Legal Profession Act, 1990 provides the power to the Law Society of Saskatchewan to govern the legal profession. However, this law society is not affiliated or funded by the Government of the country. The main aim of the law society is to govern the legal profession with the consideration to the public interest.
The legal profession must not be interfered by the state. The independent factor must be there which can benefit the client and public at large. It may rely on a lawyer who represent, defend and protect the interest of the state.
The law society is managed and controlled a group of lawyers and experts in the field of law who are responsible to set the standards, code of conduct of the profession, service quality etc. The law society also has the power to take corrective action against the legal professional if they violate any of the standards prescribed by the law society.
The following are the statue and regulatory bodies which have the authority for the practice of the legal profession;
- Law Society of Upper Canada
- The Certified General Accountants of Ontario
- Regulatory colleges, committees and governing bodies
- The Investment Industry Regulatory Organization of Canada
- The Institute of Chartered Accountants
References
(n.d.). Retrieved from https://www.martinpalmer.com/: https://www.martinpalmer.com/an-introduction-to-the-law-profession
Approved regulators. (n.d.). Retrieved from https://www.legalservicesboard.org.uk: https://www.legalservicesboard.org.uk/can_we_help/approved_regulators/index.htm
History of the Law Society. (n.d.). Retrieved from tps://www.lawsociety.sk.ca: tps://www.lawsociety.sk.ca/about-us/what-is-our-purpose/history-of-the-law-society/
How to Make a Complaint. (n.d.). Retrieved from https://www.lsuc.on.ca/: https://www.lsuc.on.ca/with.aspx?id=644
How We Accomplish Our Purpose. (n.d.). Retrieved from https://www.lawsociety.sk.ca/: https://www.lawsociety.sk.ca/about-us/how-we-accomplish-our-purpose/
LAW SOCIETY OF SASKATCHEWAN LIBRARIES. (n.d.). Retrieved from https://www.publications.gov.sk.ca/department.cfm?d=154&cl=1: https://www.publications.gov.sk.ca/department.cfm?d=154&cl=1
LEGAL PROFESSION ACT. (n.d.). Retrieved from https://www.bclaws.ca/: https://www.bclaws.ca/civix/document/id/complete/statreg/98009_01
Mission Statement, Vision, Values and Strategic Directions. (n.d.). Retrieved from https://www.lawsociety.sk.ca/: https://www.lawsociety.sk.ca/about-us/what-is-our-purpose/mission-statement-vision-values-and-strategic-directions/
Professional Misconduct and Disciplinary Tribunals. (n.d.). Retrieved from https://www.rogersonlaw.com: https://www.rogersonlaw.com/professional-misconduct-lawyer-and-disciplinary-tribunals/
Regulation of the Legal Profession. (n.d.). Retrieved from https://www.lawsociety.sk.ca/: https://www.lawsociety.sk.ca/about-us/what-is-our-purpose/regulation-of-the-legal-profession/
Rules of Professional Conduct. (n.d.). Retrieved from https://www.lsuc.on.ca/lawyer-conduct-rules/: https://www.lsuc.on.ca/lawyer-conduct-rules/
Rules of the Law Society of Saskatchewan. (n.d.). Retrieved from https://www.lawfoundation.sk.ca/: https://www.lawfoundation.sk.ca/about/rules-of-the-law-society-of-sk
Teacher, L. (n.d.). The Legal Profession. Retrieved from https://www.lawteacher.net/free-law-essays/administrative-law/the-legal-profession.php: https://www.lawteacher.net/free-law-essays/administrative-law/the-legal-profession.php
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