A Message From
Ken Warren, KC
2022–2023 PRESIDENT OF THE LAW SOCIETY OF ALBERTA
Last year was another year of growth for the Law Society of Alberta as the legal profession and society continued to evolve after the pandemic. It was a privilege to serve as President given the accelerated change that the legal profession has undergone over these last few years. I am proud to say that despite the rapid transformation of the profession and the challenges that it has brought, our strategic work has always remained a key priority and we have meaningfully progressed our strategic goals in a variety of areas, while also creating efficiencies in our regulatory processes.
A Message from
Elizabeth J. Osler, KC
Chief executive officer & executive director
Another year has passed, and a lot was accomplished. While in some ways it felt like the world has been on pause for the past couple of years, in other ways it feels like we have experienced a decade of change in a short time, both for the profession as a whole and for us as the regulator.
Last year was exciting as the world began to open, and I am pleased to say that we returned to some level of normalcy in our operations, coming back to in-person work. Like many other businesses, we are now exploring a hybrid working environment to see how we can maximize efficiencies while maintaining flexibility. We are looking forward to seeing how this new format can benefit our operations and strategic work in the coming year.
We also made significant progress on our strategic initiatives as we continued towards the goals laid out in our 2020–2023 Strategic Plan. As always, the year brought changes and challenges, but also new opportunities in our work. A few of the highlights from 2022 include the following:
- The Law Society Benchers approved online virtual hearings as the standard format for all Law Society oral hearings. Virtual hearings have proven to be a positive experience for those involved, with significant cost savings and convenience for stakeholders. They have also increased accessibility and we have seen an increase in public attendance since piloting virtual hearings during the pandemic. We successfully held 39 virtual hearings in 2022 over a total of 71 hearing days.
- We launched a mandatory principal training course to establish baseline criteria for principals, improve consistency in the mentorship and feedback articling students receive, and provide principals and students with clarity about their relationship. The course is a requirement for all lawyers before they can act as a principal but can also be taken by anyone in a mentorship or supervisory role, or those who are considering being a principal in the future. This was an important step in our lawyer competence work.
- The Articling Placement Program was also launched to assist articling students who are in untenable or unsafe articles due to harassment or discrimination with exiting their current position and finding replacement articles. Students were successfully placed in new articles using the program in 2022. This along with the principal training furthers our efforts to improve the articling experience following our 2019 Articling Survey.
Read more about our 2022 initiatives in the Year in Review section below.
Looking ahead to 2023, the Law Society team is eager to start new projects and to continue with our core regulatory work. With 2023 being a planning year for our new Strategic Plan, the Law Society looks forward to supporting the Benchers as a new plan is developed.
It is also a Bencher election year and I encourage everyone who is eligible to participate, whether as a voter or a candidate.
Together with the entire Executive Leadership Team, we look forward to the exciting opportunities ahead.
Warm regards,
Elizabeth J. Osler, KC
Chief Executive Officer & Executive Director
Who We Are
About the Law Society
The Law Society of Alberta regulates the legal profession in the public interest by promoting and enforcing a high standard of professional and ethical conduct by Alberta lawyers.
We derive our authority from the Legal Profession Act (the Act) and set standards through the Code of Conduct and the Rules of the Law Society of Alberta.
Mission
Ensure high standards of professional conduct and competency through the governance and independent regulation of the legal profession.
VALUES
- Integrity – honest and ethical behaviour.
- Transparency – open, timely and clear processes.
- Fairness – equitable treatment of people interacting with the Law Society and the profession we govern.
- Respect – equity, diversity and inclusion in the profession, the Law Society and our interactions with the public.
- Independence – autonomous regulation of an independent legal profession and commitment to the rule of law.
- Visionary leadership – innovation in regulation, governance and business operations.
Regulatory Objectives
The Law Society views its core purpose as an active obligation and duty to uphold and protect the public interest in the delivery of legal services. The public interest, as it applies to the work of the Law Society, will be upheld and protected through the following regulatory objectives:
- protect those who use legal services;
- promote the independence of the legal profession, the administration of justice and the rule of law;
- create and promote required standards for the ethical and competent delivery of legal services and enforce compliance with those standards in a manner that is fair, transparent, efficient, proactive, proportionate and principled;
- promote access to legal services; and
- promote equity, diversity and inclusion in the legal profession and in the delivery of legal services.
The Law Society will have regard for these regulatory objectives when discharging its regulatory functions.
Read the Executive Summary – Regulatory Objectives of the Law Society of Alberta.
Strategic goals
The Law Society’s Strategic Plan provided direction and focus to the board and the entire organization, including a framework for decision making, resource allocation and priority setting. The Strategic Plan guided our activities to achieve four main goals:
- Innovation and Proactive Regulation: Regulate the legal profession in a manner that is innovative, proactive, transparent and proportionate.
- Competence & Wellness: Promote a broad concept of competency and wellness in the legal profession.
- Access: Promote affordability of legal services and remove regulatory barriers to access where reasonable and appropriate.
- Equity, Diversity & Inclusion: Lead the profession to increase cultural competency and promote a profession that is representative of the public it serves.
Board members in 2022
The Law Society is governed by a 24-member Board. Of the 24 Board members, also called Benchers, 20 are lawyers elected by the profession or appointed by the Bencher’s pursuant to the Bencher Vacancy Policy, and four are public representatives appointed by the Alberta Minister of Justice and Solicitor General. As well, the immediate Past-President serves on the Executive Committee. For 2022, the Past-President was Darlene W. Scott, KC.
- Ken Warren, KC, President
- Bill Hendsbee, KC, President-Elect
- Sony Ahluwalia, KC
- Ryan D. Anderson, KC
- Lou Cusano, KC
- Ted Feehan, KC
- Corie Flett, KC
- Kene Ilochonwu, KC
- Cal Johnson, KC
- Jim Lutz, KC
- Bud Melnyk, KC
- Sanjiv Parmar
- Sandra Petersson, KC
- Stacy Petriuk, KC
- Ronald A. Sorokin (joined March 2022)
- Deanna Steblyk, KC
- Margaret Unsworth, KC
- Moira Váně
- Grant Vogeli, KC
- Salimah Walji-Shivji, KC
- Glen Buick, Public Representative (joined September 2022)
- Levonne Louie, Public Representative (joined September 2022)
- Barbara McKinley, Public Representative (until September 2022)
- Mary Ellen Neilson, Public Representative (joined September 2022)
- Louise Wasylenko, CPA, CMA, Public Representative
Committees
Major committees and liaisons conduct governance work associated with our core regulatory functions. Learn more about our committees here.
Board Committees
Audit and Finance Committee | Equity, Diversity and Inclusion Committee | Executive Committee | Lawyer Competence Committee | Nominating Committee | Policy and Regulatory Reform Committee | Professional Responsibility Committee
Adjudication Committees
Assurance Fund Adjudications (Finance) Committee | Complaint Dismissal Appeals Committee | Conduct Committee | Credentials and Education Committee | Practice Review Committee | Trust Safety Committee
Advisory Committees
Equity, Diversity and Inclusion Advisory Committee | Indigenous Advisory Committee | Lawyer Competence Advisory Committee
EXECUTIVE LEADERSHIP TEAM
The Executive Leadership Team strives to ensure we fulfil our vision, mission, strategic goals, business plans and budget as approved by the Board.
- Elizabeth J. Osler, KC – Chief Executive Officer & Executive Director
- Cori Ghitter, KC – Deputy Executive Director and Director, Policy and Education
- Nadine Meade – Chief Financial Officer
- Kendall Moholitny – Director, Regulation and Professionalism
- Andrew Norton – Chief Information Officer & Director, Business Operations
- Brita Wahl – Director, Human Resources
- David Weyant, KC – President and Chief Executive Officer, Alberta Lawyers Indemnity Association
Innovation Sandbox
The Innovation Sandbox launched in February. Through the Innovation Sandbox, legal service providers are encouraged to develop innovative models for the delivery of legal services that cannot be offered due to existing regulatory requirements.
Lawyers play a critical role in the administration of justice in Alberta and will continue to do so. The Innovation Sandbox is an addition to the regulatory options available to the Law Society, not an alternative.
Applications that contemplate the provision of legal advice by non-lawyers will not be approved, and we’ve responded accordingly. The Innovating Regulation Group has not approved any applications contemplating legal advice by nonlawyers, including paralegals.
In 2022, 21 applications were submitted online by various organizations. Of these, three were approved, eight were either withdrawn or denied, and 10 remain in the review process.
Mandatory Principal Training Launched
The Law Society worked with the Legal Education Society of Alberta to develop a mandatory Principal Training Course that was launched in February 2022. Development of this training was driven by the goals of establishing baseline criteria for principals, improving consistency in the mentorship and feedback articling students receive, and providing principals and students with clarity about their relationship.
The course is a requirement for all lawyers before they can act as a principal and can also be taken by anyone in a mentorship or supervisory role, or those who are considering being a principal in the future.
The course includes eight lessons covering topics such as Law Society duties/requirements, how to be an effective mentor, dealing with difficult conversations and cultural competency, to name a few. Topics were developed in response to the 2019 Articling Survey and a 2021 survey of current and recent principals, articling students and mentors specifically regarding the course content.
Articling Placement Program
The Articling Placement Program was also launched in February 2022 to assist articling students who are in untenable or unsafe articles due to harassment or discrimination with exiting their current position and finding replacement articles. The Law Society piloted the program throughout the year with the goal of gathering more information from participating articling students and firms/organizations to make refinements and recommendations for future use. Students were successfully placed in new articles using the program in 2022.
Articling students have the right to be free from harassing and discriminatory behaviour and have the right to report their circumstances without fear of reprisal or negative impacts. While coming forward about these issues will always be difficult, the program is intended to reassure articling students that reporting their issues will not lead to the loss of articles. The program’s default position is that articling students are believed.
An articling student or anyone seeking information about the program can contact the Law Society’s Equity Ombudsperson for an initial, confidential conversation.
Acknowledgement of Systemic Discrimination
In April, the Law Society approved and released an acknowledgment of systemic discrimination. The following is part of that acknowledgment:
In the Fall of 2020, the Law Society of Alberta invited lawyers, articling students, law students and internationally trained lawyers (including those not yet called to the bar) to share their experiences of racial discrimination and stereotyping with us through the “My Experience” Project. Those who bravely shared their stories were also a voice for some who could not speak. Each submission impacted our organization and the legal profession more broadly.
The Law Society of Alberta acknowledges the existence and impact of systemic discrimination within the justice system, including within the Law Society and the legal profession. The Law Society views its core purpose as an active obligation and duty to uphold and protect the public interest in the delivery of legal services. We do this through our regulatory objectives, one of which is to promote equity, diversity and inclusion in the legal profession and in the delivery of legal services.
The Law Society remains committed to reducing barriers created by racism, bias and discrimination, in order to affect long-term systems changes within our legal culture. We are committed to continuing our efforts to learn, to listen, to act and to lead Alberta’s legal profession by example. In collaboration with the legal profession, stakeholders and justice system partners, the Law Society will continue to work diligently towards building a more diverse, equitable and inclusive legal profession for all.
The full acknowledgement can be found on our website.
Changes to Bencher Election Rules
After each Bencher election, the Law Society looks to improve the election processes and to ensure integrity and efficiency for the next election. As the 2020 Bencher election was done completely online for the first time, the Law Society undertook a comprehensive review and recommended rule changes for the 2023 election.
Importantly, the Rules needed to be rewritten to be consistent with an online election process, instead of the previous paper-based process. An online election process allows for some steps to be completed in a shorter time frame, with the rules setting out specific timing.
These rule changes were approved in April 2022, providing better clarity and certainty for the Law Society and the profession. They will be enforced during the 2023 election.
Virtual Oral Hearings Now Standard
In June 2022, the Law Society Benchers approved online virtual hearings as the standard format for all Law Society oral hearings.
Since April 2020, all oral hearings have proceeded virtually due to COVID-19 on a pilot basis. Through the pilot period, virtual hearings were a positive experience with significant cost savings and convenience for stakeholders. Virtual hearings have proven to be transparent, efficient, effective, fair to the parties involved and accessible to the public.
While virtual hearings are now standard going forward, the mode of hearing may change in particular circumstances, in accordance with the Rules of the Law Society of Alberta.
Thirty-nine virtual hearings were held in 2022 over a total of 71 hearing days.
Continuing Professional Development & the Professional Development Profile for Alberta Lawyers
The Law Society also continued to work on a new approach to Continuing Professional Development (CPD) that will provide more guidance on what we believe are important areas of focus for professional development. As a reminder, the annual CPD filing requirement was suspended until 2023 and will resume on Oct. 1, so no formal plans are required to be submitted to the Law Society until that time. The new CPD tool will be launched in July 2023.
The Law Society is releasing new resources and tools that support the new approach to CPD as they are developed and finalized. The first resource, the Professional Development Profile for Alberta Lawyers, was provided to lawyers in June 2022. The Profile is an integral part of the new CPD approach and represents the first stage of our redeveloped CPD program.
Professional development profiles are used by organizations to understand the skills and abilities that individuals should have to do their role effectively. Our Profile is designed to provide guidance to all Alberta lawyers, regardless of experience or practice area. It is not intended to be a checklist and lawyers are not required to demonstrate competency in every area of the Profile each year. It is meant to provide guidance when lawyers are independently selecting areas for professional development that are meaningful to them and their practice.
A new CPD planning tool and review process are also underway and will be introduced in 2023.
Articling Term Changes
At the September 2022 Board meeting, the Benchers approved the return to a 12-month articling term, or 15 months if clerking with the Court, that includes the bar admission course, the Practice Readiness Education Program (PREP) within that term. This reverted the Rules of the Law Society of Alberta, Rule 56, to the pre-April 2020 version, effective Jan. 1, 2023.
This change was made in consideration of a detailed review on the amended articling term. The review included consultation with students-at-law, principals and program administrators by way of feedback surveys, a roundtable discussion with key stakeholders and input from the Lawyer Competence Advisory Committee.
Returning to a 12-month articling term simplifies the process for articling students and principals. It also allows the Law Society to clarify that PREP is considered part of the articling term.
More information on this change is available on our website.
Well-Being in Practice Summit
In the area of professional wellness, in October 2022, in conjunction with partner organizations, we held our first-ever Well-Being in Practice Summit, a two-day virtual conference on taking care of yourself, your workplace and your profession. The summit involved significant planning and execution over the course of several months, and we were pleased with the final product and turnout. Approximately 400 attendees joined the Summit to hear from 21 different speakers, including lawyers and mental health professionals from across the province, as well as Quebec and Florida.
The successful organization of the Summit is attributed to the collaborative efforts between representatives of the Law Society of Alberta, the Alberta Lawyers’ Assistance Society, the Alberta Lawyers Indemnity Association and the Canadian Bar Association – Alberta Branch. The featured seminars highlighted important conversations, valuable learnings, and helpful resources in support of personal and professional wellness.
The Path
In April 2021, we launched the Indigenous Cultural Competency Education requirement called The Path (Alberta) — Your Journey Through Indigenous Canada. All active Alberta lawyers had to complete the five hours of education within 18 months following the launch, or effective from the date they become active. This put the deadline at Oct. 20, 2022 for most Alberta lawyers. This was the first time a specific course was mandated for all active Alberta lawyers and we want to commend the profession for your participation in this shared professional development requirement. We are also appreciative of the helpful feedback we’ve received about the course and the process along the way.
The decision to mandate this training for all active lawyers in Alberta was integral to the Law Society’s commitment to responding to the Truth and Reconciliation Commission’s Call to Action #27, which calls upon Canadian law societies to ensure all lawyers receive Indigenous Cultural Competency Training.
Cyber Coverage
In November 2022, the Alberta Lawyers Indemnity Association (ALIA), a wholly owned subsidiary of the Law Society, implemented universal cyber coverage for all lawyers who participate in ALIA’s mandatory indemnity program. The Benchers made changes to the Rules of the Law Society of Alberta to allow for this new coverage. Rule 145.1 was amended and new Rules, 149.5 and 149.6, were created. More information on ALIA’s cyber coverage program can be found in the ALIA section of our website.
Expansion of the Accelerated PREP Program
The Canadian Centre for Professional Legal Education (CPLED) first offered the Accelerated PREP during the summer of 2021 to a small cohort of 60 Alberta students. Firms reported students who participated in the inaugural offering arrived prepared and confident on day one of their articles.
After the successful inaugural offering, the Law Society supported CPLED in offering a soft launch of Accelerated PREP in the summer of 2022, with a total of 93 registered Alberta students. A full launch of Accelerated PREP is scheduled for 2023.
The Numbers
Financial reports
The Law Society uses external auditors to produce financial statements annually. Our 2022 financial statements can be found on our website.
Lawyer Fees
The 2022 practice fee was $2,340 per active lawyer, the same as in 2021. This number represents a 10 per cent reduction from the 2020 practice fee. Lawyers had the option of paying the fee in two equal installments. The 2022 part-time membership fee was $1,170.
External Funding
The Law Society provides external funding to a variety of affiliated organizations annually. In 2022, we provided over $3.38 million worth of funding to six different affiliated organizations:
Canadian Centre for Professional Legal Education | Alberta Law Libraries | Alberta Lawyers' Assistance Society | Pro Bono Law Alberta | Legal Archives Society of Alberta | Alberta Law Review
Lawyer Statistics
As of December 31, 2022, there were 11,080 active lawyers and 4,538 inactive or inactive-retired lawyers. Both statistics show an increase over the 2021 numbers.
Currently, the Law Society is piloting a part-time status. At the end of 2022, there were 351 lawyers electing to hold this status. Thus far, it tends to be most popular amongst more junior level female lawyers and very senior level male lawyers.
Age and Identity Breakdowns
Of the total number of active lawyers in Alberta, approximately 43 per cent identified as female, 57 per cent identified as male, and less than one per cent either preferred not to disclose or identified as transgender or non-binary.
The number of lawyers that identify as male and female lawyers in both firm and in-house settings remains relatively consistent and equal for those who have 25 years of service or less, with a small percentage (<1 per cent) identifying as transgender or non-binary. However, in the senior cohort of those with over 25 years of experience, those who identify as male outnumber those identifying as female by a ratio of about four to one, with none identifying as transgender or non-binary.
Of the articling students in Alberta, 28 per cent were internationally trained while 72 per cent received their training in Canada. Of the internationally trained articling students, 36 per cent were Canadians who obtained their law degree outside of Canada.
Fair Registration Practices Act
The Fair Registration Practices Act (FRPA) came into force on March 1, 2020, as part of the Government of Alberta’s commitment to improve the assessment of qualifications in over 170 regulated professions, designated occupations or trades, including the legal profession. Regulatory bodies that oversee regulated professions, designated occupations or trades are required to ensure that their registration practices are transparent, objective, impartial and procedurally fair and applications decisions are made in a timely manner. The Law Society of Alberta complied with the requirements laid out in FRPA over the course of 2022.
Regulatory statistics
Concerns about Alberta lawyers
Of the 1,326 general inquiries and complaints about Alberta lawyers received in 2022, 880 were diverted to Early Intervention. Early Intervention is a proactive and collaborative approach to supporting lawyer competence and the delivery of legal services to all Albertans. In this process, we provide resources and programs to help lawyers achieve reasonable standards of professional and ethical conduct.
The Conduct Department opened 273 complaint files for review in 2022. Most of the complaints were dismissed or resolved without a hearing. There were 36 matters referred to a hearing before a Hearing Committee.
A combined total of 19 conduct and resignation hearings were concluded in 2022, with the following disciplinary outcomes:
our discipline processes
Hearing Committee
When the Conduct Committee directs a lawyer to a conduct hearing, the matter is heard by a Hearing Committee. If a lawyer is found guilty, one of the following sanctions are imposed:
- Reprimand: A formal expression of reproach, delivered orally by the Hearing Committee, which becomes part of the lawyer’s disciplinary record.
- Suspension: A lawyer’s membership in the Law Society of Alberta is suspended and the lawyer is prohibited from practising law in Alberta for a specified period.
- Disbarment: The lawyer’s membership in the Law Society of Alberta is terminated and the lawyer is indefinitely prohibited from practising law in Alberta.
In addition to the penalties described above, a lawyer may also be required to pay a fine and/or costs to the Law Society of Alberta.
Resignation Committee
When a lawyer who is the subject of conduct proceedings wants to resign, the resignation application is heard by a panel of three Benchers. There are two types of resignations in such circumstances:
- Resignation in the Face of Discipline: A lawyer who faces conduct proceedings that are not likely to result in disbarment but is granted permission by a Resignation Committee to resign due to mitigating circumstances.
- Deemed Disbarment: A lawyer who faces conduct proceedings that would likely result in disbarment but is granted permission by a Resignation Committee to resign under s. 61 of the Legal Profession Act. Such resignations are considered deemed disbarments (disbarment by consent).
administrative suspensions
When a lawyer fails to fulfil the administrative requirements imposed by the Rules of the Law Society of Alberta, such as filing annual reports and the payment of membership fees and insurance levies, the lawyer is administratively suspended until they have fulfilled their obligations. A total of 105 lawyers were administratively suspended in 2022. The majority of these lawyers have resolved the issue by fulfilling their requirements and have since been reinstated.
Contact Us
The Law Society of Alberta | 700, 333 – 11th Avenue SW, Calgary, AB T2R 1L9 | lawsociety.ab.ca | feedback@lawsociety.ab.ca | 403.229.4700 or toll free 1.800.661.9003