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Practitioners of Foreign Law in BC

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发表于 2/21/2018 16:57:54 | 显示全部楼层 |阅读模式

If you are qualified to practise law in a country other than Canada, or an internal jurisdiction of that country, and you give legal advice in BC respecting the laws of that country or internal jurisdiction, you must have a Practitioner of Foreign Law Permit.

The Law Society regulates practitioners of foreign law in BC to ensure that only qualified persons provide legal services relating to other countries.

Eligibility

Practitioners of foreign law must:

  • be a member of the legal profession in one or more foreign jurisdictions;
  • have practised the law in the foreign jurisdiction for at least three of the past five years, or undertake in writing to act as a practitioner of foreign law in BC only under the direct supervision of a practitioner of foreign law who has practised law in that foreign jurisdiction for at least three of the past five years; and
  • have a permit from the Law Society of BC.

If you do not have a valid permit and you act as a practitioner of foreign law or hold yourself out as such, you are engaged in the unauthorized practice of law and are subject to prosecution or to injunction proceedings by the Law Society.

Practitioners of foreign law are not required to reside in BC and may offer services on a full-time or part-time basis. A foreign lawyer who comes to BC infrequently, or even once, to advise a member of the public about the laws of his or her home jurisdiction must first obtain a permit to act as a practitioner of foreign law.

A lawyer who is a member of the Law Society of BC (other than a retired or non-practising member) and who is also qualified to practise law in a foreign jurisdiction may act as a practitioner of foreign law in BC without obtaining a permit. To do so, you must hold liability insurance that specifically extends to your activities as a practitioner of foreign law in BC and is in a form and amount at least reasonably comparable to that required of lawyers under Law Society Rule 3-39(1).

Obligations of a practitioner of foreign law
  • You must maintain membership in good standing in the legal profession of any foreign jurisdiction in which you are licensed to practise law as long as you hold a permit to act as a practitioner of foreign law.
  • You must inform the Law Society immediately if you are the subject of criminal or professional discipline proceedings or cease to be a member in good standing of the legal profession in any jurisdiction.
  • You must provide evidence that you carry professional liability insurance or a bond, indemnity or other security that is comparable in form and amount to that required of BC lawyers under Law Society Rule 3-39(1) and that specifically extends to your services as a practitioner of foreign law while acting as such in BC. If the insurance lapses or is cancelled, the permit automatically ceases to be valid.
  • You must inform the Law Society of the cancellation of, or any significant change to your liability insurance coverage.
  • You must not deal in any way with funds that would, if accepted, held, transferred or otherwise dealt with by a lawyer, constitute trust funds, except money received on deposit for fees earned in the future.
  • You are required to comply with the Legal Profession Act, Law Society Rules and Code of Professional Conduct for BC.
Services and conditions

A practitioner of foreign law holding a valid permit may provide legal services in BC respecting the law of the jurisdiction in which you are fully licensed to practise law, and respecting trans-jurisdictional or international legal transactions.

You must not provide advice respecting the law of BC or another Canadian jurisdiction, or deal in any way with funds that would, if accepted, held, transferred or otherwise dealt with by a lawyer, constitute trust funds, except money received on deposit for fees to be earned in the future by the practitioner.

You are not permitted to appear as counsel on behalf of a client before any BC or federal court or administrative tribunal, are not permitted to advise a client about the law of BC, and are not permitted to draft, revise or settle documents, or perform any of the other functions described in the definition of the practice of law insofar as they relate to the practice of BC law.

If you engage in any activity encompassed by the definition of the practice of law, other than providing legal services respecting the law of the jurisdiction in which you are fully licensed to practise, or respecting trans-jurisdictional or international legal transactions, you are engaged in the unauthorized practice of law and is liable to prosecution or to injunction proceedings by the Law Society.

The executive director of the Law Society may attach conditions to a permit to act as a practitioner of foreign law. The conditions must have been authorized by the Credentials Committee.

Marketing and advertising

A practitioner of foreign law who engages in any marketing activity must comply with section 4.2 of the Code of Professional Conduct for BC, which entitles you to use any medium of communication to undertake or authorize any marketing activity that is factual, accurate and verifiable and that maintains a high standard of professionalism.

Section 4.2 limits the types of representations that may be made, prescribes the circumstances in which a statement of fees for specific legal services may be published, restricts the circumstances in which a "preferred area of practice" may be stated and prevents use of the title "specialist" or any similar designation suggesting a recognized status or accreditation.

You must, when engaged in any marketing activity:

  • use the term "practitioner of foreign law";
  • state the foreign jurisdiction in which he or she holds professional legal qualifications, and the professional title used in that jurisdiction; and
  • not use any designation or make any representation from which a recipient might reasonably conclude that the practitioner is a member of the Law Society of BC.

If you work with a BC law firm, your name may be shown on the letterhead if you are clearly designated as a practitioner of foreign law.

For further information, contact Credentials and Member Services at the Law Society.



 楼主| 发表于 2/21/2018 17:04:50 | 显示全部楼层

To apply to practise foreign law in BC, submit to the Law Society:

  • a completed Practitioner of Foreign Law Permit Application;
  • two Certificates of Character (Practitioner of Foreign Law Permit). The certificates must be completed by members of the Law Society of BC or of the legal profession in a jurisdiction in which you are qualified to practise law;
  • documentary evidence that you are a member of the legal profession in one or more foreign jurisdictions, are not suspended or disbarred and have not otherwise ceased, for disciplinary reasons, to be a member of a governing body or of the legal profession in any foreign jurisdiction (Law Society Rule 2-18(2)). In most cases, an official certificate of good standing issued from the law society or governing legal body of which you are a member will be adequate. The certificate should detail your professional standing history, including any disciplinary proceedings, outstanding complaints or bankruptcy proceedings;
  • documentary evidence that you carry professional liability insurance or a bond, indemnity or other security that is comparable in form and amount to that required of BC lawyers (Law Society Rule 3-21(1)), and that specifically extends to services rendered by you while acting as a practitioner of foreign law in BC; and
  • a non-refundable permit application fee.

Original documented evidence in a language other than English must be submitted with an English translation authenticated by a qualified translator.

In the permit application, you must undertake that, if permitted to act as a practitioner of foreign law in BC, you will submit to the jurisdiction of the Law Society of BC and will comply with the Legal Profession Act, Law Society Rules and Code of Professional Conduct for BC.

The permit application includes a "declaration of applicant." The declaration must be made before a person described in s. 63 of the BC Evidence Act, R.S.B.C. 1996, c. 124.

Permit validity

A permit issued to a practitioner of foreign law is valid for one year from the issue date (Law Society Rule 2-18(5).





How to Apply for a Practitioner of Foreign Law Permit

A permit will be invalid if you:

  • are suspended under Part 4 of the Legal Profession Act and Part 4 of the Law Society Rules (as a result of disciplinary proceedings or a failure to meet standards of financial responsibility or upon conviction for an indictable offence); or
  • cease to comply with any of the requirements imposed under Part 2 of the Law Society Rules.
Renewing your permit

You must apply to the Law Society for a renewal of your practitioner of foreign law permit before the permit expires (Law Society Rule 2-22). The renewal application must include:

  • a completed permit renewal application form, including a written consent for release of relevant information to the Society;
  • evidence that you continue to comply with the requirements of Law Society Rule 18(2); and
  • the permit renewal fee.

 楼主| 发表于 2/21/2018 17:17:24 | 显示全部楼层
2018 Law Society Fees and Assessments
A. Annual fee

$      

1. Practice fee (Rule 2-105 [Annual practising fees])

2,139.72

2. Liability insurance base assessment (which may be increased or decreased in individual cases in accordance with Rule 3-40 (1) [Annual insurance fee]):


        (a) full-time practice

1,800.00

        (b) part-time practice

900.00

3. Liability insurance surcharge (Rule 3-44 (2) [Deductible, surcharge and reimbursement])

1,000.00

4. Late payment fee for practising lawyers (Rule 2-108 (3) [Late payment])

100.00

5. Retired member fee (Rule 2-4 (3) [Retired members])

75.00

6. Late payment fee for retired members (Rule 2-108 (4))

nil

7. Non-practising member fee (Rule 2-3 (2) [Non-practising members])

300.00

8. Late payment fee for non-practising members (Rule 2-108 (5))

25.00

9. Administration fee (R. 2-116 (3) [Refund on exemption during practice year])

50.00

B. Trust administration fee

1. Each client matter subject to fee (Rule 2-110 (1) [Trust administration fee])

15.00

C. Special assessments

D. Articled student fees

1. Application fee for enrolment in admission program (Rules 2-54 (1) (e) [Enrolment in the admission program] and 2-62 (1) (b) [Part-time articles])

250.00

2. Application fee for temporary articles (R. 2-70 (1) (c) [Temporary articles])

125.00

3. Application fee for temporary articles (legal clinic) (Rule 2-70 (1) (c))

25.00

4. Training course registration (Rule 2-72 (4) (a) [Training course])


        until April 30, 2018

2,500.00

        effective May 1, 2018

2,600.00

5. Remedial work (Rule 2-74 (8) [Review by Credentials Committee]):


        (a) for each piece of work

50.00

        (b) for repeating the training course


             until April 30, 2018

3,900.00

             effective May 1, 2018

4,000.00

E. Transfer fees

1. Application fee for transfer from another Canadian province or territory – investigation fee (Rule 2-79 (1) (f) [Transfer from another Canadian jurisdiction])

1,125.00

2. Transfer or qualification examination (Rules 2-79 (6) and 2-89 (6) [Returning to practice after an absence])

300.00

F. Call and admission fees

1. After enrolment in admission program (Rule 2-77 (1) (c) [First call and admission])

200.00

2. After transfer from another Canadian province or territory (Rule 2-79 (1) (f) [Transfer from another Canadian jurisdiction])

200.00

G. Reinstatement fees

1. Application fee following disbarment, resignation or other cessation of membership as a result of disciplinary proceedings (Rule 2-85 (1)(b) [Reinstatement of former lawyer])

600.00

2. Application fee following 3 years or more as a former member (Rule 2-85 (1) (b))

500.00

3. Application fee in all other cases (Rule 2-85 (1) (b))

415.00

H. Change of status fees

1. Application fee to become retired member (Rule 2-4 (2) (b) [Retired members])

30.00

2. Application fee to become non-practising member (Rule 2-3 (1) (b) [Non-practising members])

60.00

3. Application fee for non-practising or retired member applying for practising certificate (Rule 2-5 (1) (b))

60.00

I. Inter-jurisdictional practice fees

1. Application fee (Rule 2-19 (3) (b) [Inter-jurisdictional practice permit])

500.00

2. Renewal of permit (Rule 2-19 (3) (b))

100.00

J. Corporation and limited liability partnership fees

1. Permit fee for law corporation (Rule 9-4 (c) [Law corporation permit])

300.00

2. New permit on change of name fee (Rule 9-6 (4) (c) [Change of corporate name])

75.00

3. LLP registration fee (Rule 9-15 (1) [Notice of application for registration)

300.00

K. Practitioners of foreign law

1. Application fee for practitioners of foreign law (Rule 2-29 (1) (b) [Practitioners of foreign law])

600.00

2. Permit renewal fee for practitioners of foreign law (Rules 2-29 (1) (b) and 2-34 (2) (c) [Renewal of permit])

125.00

3. Late payment fee (Rule 2-34 (6))

100.00

L. Late fees

1. Trust report late filing fee (Rule 3-80 (2) (b) [Late filing of trust report])

200.00

2. Professional development late completion fee (Rule 3-31 (1) (c) [Late completion of professional development])

500.00

3. Professional development late reporting fee (Rule 3-31 (3) (b))

200.00

M. Multi-disciplinary practice fees

1. Application fee (Rule 2-40 (1) (b) [Application to practise law in MDP])

300.00

2. Application fee per proposed non-lawyer member of MDP (Rules 2-40 (1) (c) and 2-42 (2) [Changes in MDP])

1,125.00




 楼主| 发表于 2/21/2018 17:22:58 | 显示全部楼层

The most common way to become a lawyer in BC is to earn a law degree from a Canadian law school, then complete the Law Society Admission Program.

However, that is not the only way to become a lawyer in BC. A law degree from outside Canada may be recognized in BC, but the applicant must apply to the National Committee on Accreditation before applying to the Law Society Admission Program.

Lawyers practicing in other jurisdictions in Canada may be eligible to transfer to BC, and there are also provisions for non-practicing or retired lawyers who wish to return to practice, as well as for lawyers who were formerly licensed to practice in BC and want to be reinstated.

If there are concerns about the character or fitness of any applicant, the application may be forwarded to the Law Society’s Credentials Committee, which may order a formal credentials hearing.

After meeting all of the requirements, an applicant is welcomed to the Bar in a call ceremony or by swearing an oath before a judge or practising lawyer.


 楼主| 发表于 2/21/2018 17:42:01 | 显示全部楼层
Character and Fitness to become a lawyer

For the protection of the public and the profession, the Legal Profession Act imposes a statutory obligation on the Law Society governors, called Benchers, to be satisfied that each applicant for enrolment is of good character and is fit to become a barrister and solicitor of the Supreme Court. The onus is on the applicant to satisfy the Benchers in this regard.

Law Society staff screen all prospective articled students, applicants for call and admission, applicants for reinstatement and applicants for transfer to ensure they are of good character and repute and are fit to become a barrister and a solicitor of the Supreme Court. This could include investigation of any criminal charges, financial difficulties, drug or alcohol abuse, treatment for serious illnesses or any other factors that may affect an applicant's character or fitness for practice.

If Law Society staff have concerns about the character or fitness of a candidate for enrolment, call and admission, transfer or reinstatement, the application is referred to the Credentials Committee. The Credentials Committee can review the matter in question and any relevant factors. For example, in the case of questionable prior conduct, it may consider such factors as the applicant's age at the time of the conduct, how recent the conduct was, its seriousness and any evidence of rehabilitation.

Once the review is completed, the committee can:

  • approve the application;
  • approve the application with conditions;
  • defer consideration pending further information or the completion of an investigation; or
  • order a credentials hearing.

A former lawyer who was disbarred or who resigned for disciplinary reasons must be referred to the Credentials Committee and the committee must order a credentials hearing.

Anyone applying for enrolment in the Law Society Admission Program or for admission and call to the Bar is advised to answer all questions fairly and fully and to disclose to the Law Society anything that the applicant considers might adversely affect the application. The applicant should give the fullest details possible and provide supporting documentation.

When considering past criminal charges or convictions, the Credentials Committee assesses the following factors:

  • applicant's age at the time of the conduct in question;
  • recentness of the conduct;
  • reliability of the information;
  • seriousness of the conduct;
  • factors underlying the conduct;
  • cumulative effect of the conduct or information;
  • evidence of rehabilitation;
  • applicant's positive social contributions since the conduc;
  • applicant's candour in the admissions process; and
  • materiality of any omissions or representations.

Any applicant who has questions or concerns regarding disclosures under this section can contact Credentials and Member Services at the Law Society.

The Law Society Admission Program

Law students who plan to practice in BC should consider at an early stage in their legal education the Law Society of BC’s requirements for the successful completion of its Admission Program and for entry into the practice of law in BC.

Law school is the first step for prospective lawyers in BC. The second step is successful completion of the Law Society Admission Program, comprising the 10 week Professional Legal Training Course (PLTC), including its examinations and skills assessments, and nine months of articles.

To successfully complete the Law Society Admission Program, you will need to acquire knowledge of the law in the eight core practice areas upon which you will be examined, and which are the foundation for the practice, procedure and skills instruction and assessment in PLTC.

PLTC focuses on lawyering skills, professional responsibility, law office management, and practice and procedure in the eight core practice areas. There is little basic instruction in the law during the 10 weeks of PLTC. It is therefore your responsibility to learn the law in these areas either during law school or through self-study.

PLTC Practice Material is available online and is a valuable resource for students in the Admission Program. It contains summaries of practice and procedure in the eight core practice areas, and forms the knowledge basis for the examinations. Law students should decide whether to take courses in these subject areas during their studies or expect to educate themselves after law school graduation in these subject areas. For more information, contact [url=mailtoLTC@lsbc.org]PLTC@lsbc.org[/url].

what are the eight core praceice areas? contract, tort, criminal, real property, evidence, neglificent, procedure, and constitutional law, discipline, ethic of law practice.


 楼主| 发表于 2/21/2018 18:29:26 | 显示全部楼层

The Professional Legal Training Course (PLTC) is the Law Society's Bar admission course and is part of the Law Society Admission Program.

Successful completion of the course is one of the requirements for becoming a lawyer in BC.

The Law Society’s PLTC program has earned international recognition and has served as a model for Bar admission programs all over the world. It emphasizes practical skills training, ethics, practice management and practice and procedure to help new lawyers bridge the gap between law school and practice.

PLTC is a full-time, 10-week course. Classes are held three times a year at the Law Society offices in Vancouver, and once a year at Camosun College in Victoria and at Thompson Rivers University in Kamloops. Classes are taught by full-time faculty with many years teaching and practice experience and by practising lawyers who volunteer to share their expertise.

Course schedule

You will receive the PLTC schedule on the first day of class. Classes run from 9:00 a.m. to 3:00 p.m. each day with some exceptions. Throughout the 10 week course there are several days or half days with no scheduled classes during which students are expected to read materials or prepare assignments or assessments.

Exemptions from PLTC

Students who have completed a Bar admission course in another Canadian jurisdiction or who are qualified as a lawyer in a foreign country may apply to the Credentials Committee for exemption from all or a portion of PLTC. Note that an exemption from PLTC is not an exemption from the qualification examinations.


 楼主| 发表于 2/21/2018 18:33:59 | 显示全部楼层

Professional Legal Training Course (PLTC) students must pass two qualification examinations, designed to ensure they know the law, practice and procedure in the core areas of practice covered at PLTC, and can apply that knowledge to solve a client's problems.

Examination subject areas

There are two examinations: Part I covers solicitors’ work and Part II covers barristers’ work. Each part is three hours in length. You must achieve a minimum of 60 per cent on each qualification examination to pass.

The subject areas covered and the assigned corresponding marks for each are as follows:

Part I – Solicitor


Part II – Barrister


Business

30 marks

Civil

30 marks

Real Estate

30 marks

Criminal Procedure

30 marks

Wills

30 marks

Family

30 marks

Practice Management

10 marks

Practice Management

10 marks

Ethics

included throughout

Ethics

included throughout



Examinable reading

The qualification exams are primarily based on the Practice Material. PLTC students will receive a reading list that identifies the portions of the Practice Material that are examinable.

The following are also examinable:

  • The Legal Profession Act; the Law Society Rules; and the Code of Professional Conduct for British Columbia (all of which are contained in the Law Society Member’s Manual); and
  • PLTC activity plans and handouts.
Examination preparation

The examinations are open book. Students may use the Practice Material, the Activity Plans binder, the Member’s Manual, their own notes, summaries or indices, and any relevant statutes.

Requalification or transfer

Individuals seeking to requalify, transfer, or be reinstated may also be required to write the qualification examinations. See the web pages on those topics for more information or contact Member Services.



 楼主| 发表于 2/21/2018 18:34:28 | 显示全部楼层
LAW SOCIETY OF BRITISH COLUMBIASAMPLE QUALIFICATION EXAMINATIONPART INOTE:1. This examination represents approximately one-half of a typical 100-mark, threehourQualification Examination. It is marked out of 50 and could be completed in1 1/2 hours. The regular exams are printed on one side of the page only. In theregular exams, each of three sections is worth 30 marks. One section is worth 10marks.2. The questions and answers are based on the law as of January 2016.3. This sample examination may be circulated. All other Qualification Examinationsare confidential and can only be reviewed at PLTC by students who fail theirexamination.INSTRUCTIONS1. You have 1 1/2 hours to complete this examination.2. Part I separately identifies Business (15 marks), Wills (15 marks), Real Estate (15marks) and Practice Management (5 marks). Ethics questions are mixedthroughout this examination and not identified separately.3. The following instructions apply to the different types of questions you willanswer.(a) Multiple Choice Select one answer only. Choose the best answer, even where a technicalargument exists for the correctness of other answers. No marks will beawarded if none or more than one is selected. No explanation or referencesfor your answer need to be given.(b) Short Answer Answer in the space provided. Continue an answer on the back of a page ifnecessary. Point form answers are acceptable if they communicate th2 of 1202/16DM27350BUSINESS (15 MARKS)(3) 1. You act for Anne Sahara. She wants to acquire the bottled water businessof Pristine Holdings Ltd. The work force of Pristine is not unionized.Sahara has heard that some middle and top level employees are veryunproductive. Explain whether these facts point toward a share or an assetpurchase or whether they are neutral. ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________(2) 2. Your client wants to purchase all of the assets of XYZ Mill Ltd. and wantsto close the transaction at the end of next week. By then, you will not yethave had a response from the Canada Revenue Agency to your statutorylien searches for unpaid employee deductions. Give two ways you can close the deal on time but still protect your clientfrom liability for such a lien. ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ 3 of 1202/16DM27350(3) 3. Henry Unger bought a washer, dryer, refrigerator, stove, dishwasher andmicrowave from Ace Appliances Ltd. for $6,217. Unger paid $1,000 downand agreed to pay the balance in 12 equal monthly instalments. Ace filed a valid financing statement in the Personal Property Registry onthe same day that Unger paid the $1,000 and the appliances were deliveredto Unger’s home. There are no other charges against the appliances. Ungermade the first two payments, but failed to pay the third and fourthinstalments. Explain Ace’s remedies. ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________(2) 4. You own 10% of the issued voting shares in a private B.C. company.Explain whether you can compel the company to hold a general meeting. ______________________________________________________________________ 4 of 1202/16DM27350(3) 5. Anne Lafarge is one of three directors of Lotus Land Corporation.Recently, Lafarge cast the deciding vote at a director's meeting approvingthe sale of land in the Dry Creek area (one of the few valuable properties itowns) to Progress Building Co. One of Lotus' shareholders, Grace Wong,has now learned that Lafarge holds 40% of the issued shares of Progress.As well, Wong found out that the municipality is about to rezone the DryCreek area from industrial to commercial retail use, which will increase itsvalue. Apparently, anyone who called the municipality within thepreceding three months would have been told about the rezoning. The directors of Lotus refuse to do anything about the sale. If Wongobtains leave to bring a derivative action, what remedy or remedies can sheseek? ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________(2) 6. Your client is Janet Colbrook, a shareholder in Alternative Adventures Ltd.It is a British Columbia private company with one class of common sharesof which your client holds 18 out of 112 issued. Harriet Riddell, who ownsthe other 94 shares, plans to transfer 35 of those shares to her niece. Yourclient does not want the niece in the company, and asks you if she canprevent the transfer.What information do you need before you can advise your client? ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ 5 of 1202/16DM27350WILLS (15 MARKS)(5) 1. Lynda Matthews died in B.C. on April 15, YR 0 leaving a valid Will datedAugust 1, YR–7. In her Will, she made the following dispositions: She left her R.R.S.P. valued at $20,000 to her husband, Mike. She left one–quarter of the residue of her estate to her husband,Mike. She left the balance of the residue to be divided equally per stirpesamong her children, Sarah, Trevor and Ursula. Lynda left no debts. The residue of her estate has a value of $100,000. Lynda and Mike were divorced in April YR–4. Mike survived Lynda.Lynda’s daughter, Sarah, predeceased her. Sarah was survived by herhusband, Jim, and two infant children, Peter and Quentin. Trevor andUrsula survived Lynda. All the beneficiaries named in the Will are adults. Specify what, if any, portion of the estate each of the following persons isentitled to. Specify dollar amounts. Give brief reasons for your answers.(a) Mike ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ 6 of 1202/16DM27350(b) Peter and Quentin ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________(c) Trevor and Ursula ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________(2) 2. Your client, will-maker Edward May, executed a will you prepared for himtwo years ago. May has been storing the original Will in his safety depositbox and you have a copy. Today May telephones you and instructs you toadd a valuable new painting to the specific gifts his son will receive. Heasks you to add the painting to the clause in the Will that provides specificgifts to his son and to send him a copy so that he can discard the old Willand put the revised one in his safety deposit box. Explain whether thechange to the Will will be valid if you follow these instructions. ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ 7 of 1202/16DM27350(3) 3. Harpinder Dhaliwal dies in B.C. leaving a valid Will that includes thefollowing provisions: "To deliver to my sister, Anisa, if she is living at my death, my YR–3Honda Accord automobile." "To pay or transfer the sum of $5,000 to my dear friend, MargarettaWilson." "To pay or transfer the residue of my estate to the Canadian Red CrossSociety."(a) At her death, Harpinder no longer has the Honda Accord. Instead,she has a YR 0 Toyota Tercel. Can the executor of Harpinder's Willtransfer the Tercel to Anisa? Explain. ______________________________________________________________________ ______________________________________________________________________(b) Margaretta predeceased Harpinder, and was survived only by herhusband, Gavin. Who is entitled to receive the $5,000 left toMargaretta? Give brief reasons for your answer. ______________________________________________________________________ ______________________________________________________________________ 8 of 1202/16DM27350(3) 4. John Turner, who is not your client, phoned and gave you instructions toprepare a Will for his uncle, Ralph Smith. John advised you that he was toreceive the bulk of the estate. Ralph later came to your office alone andconfirmed the instructions that John gave you. Ralph seemed slightlyconfused, however, and thought it was YR–1 instead of YR 0. He revieweda draft copy of the Will and then attended at your office to execute the Will.You spent a fair bit of time with him and were satisfied that on the day hesigned the Will he understood what he was doing. Have you actedcorrectly? Explain. ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________(2) 5. Morris Kravitz, a widower, dies in B.C. leaving a valid Will that makes thefollowing disposition:"to divide the residue of my estate equally among my issue perstirpes" Mr. Kravitz's estate has a value of $300,000. He is survived by hisdaughter, Shirley, and his son, Jeffrey. His only other child, Lianne,predeceased him. Lianne was survived by her husband, Mel, and theirchildren, Cheryl and Danny.Lianne's share of Mr. Kravitz's estate will be distributed as followsa) divided equally between Shirley and Jeffrey;(b) pass to Mel;(c) divided equally among Mel, Cheryl, and Danny;(d) divided equally between Cheryl and Danny 9 of 1202/16DM27350REAL ESTATE (15 MARKS)(2) 1. In a residential conveyance of a single family dwelling, the buyer’s lawyer,without specific instructions to the contrary, would automaticallya) order a surveyor’s certificate;(b) order a company search;(c) make property tax inquiries;(d) make zoning inquiries.(2) 2. Why is it important for a conveyancing lawyer to obtain a written payoutstatement from a lender? ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________(2) 3. Lenders’ solicitors generally pay out mortgage funds after filing anapplication for registration, but before the perfected registration, on thebasis of a satisfactory post–registration search. (a) What is the danger of this practice? ______________________________________________________________________ ______________________________________________________________________ (b) Give one example of how this danger could arise. ______________________________________________________________________ ______________________________________________________________________ 10 of 1202/16DM27350(4) 4. Your practice is in Vernon, BC. You are acting for Janet Johnson and DaleDennis, who are buying a summer cabin near Oyama, B.C. for $240,000cash. The seller, Paul Prasad, does not know the buyers or have his ownlawyer. He has asked you to also represent him. There are no chargesagainst the property. Assuming proper ID requirements have beensatisfied, explain the circumstances, if any, under which you can act forPrasad. ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________(3) 5. When acting for a seller who is not a resident of Canada for income taxpurposes, what should you recommend the seller obtain before completion?Why? ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ 11 of 1202/16DM27350(2) 6. Linda Janus was trained by Sam Trube as a manager for First Family Bank,a Canadian chartered bank. Trube taught Janus that it was good practice toensure that any residential mortgage loan which exceeded 75% of the valueof the property was insured by C.M.H.C. Trube told Janus that if amortgage was so insured, she could feel comfortable lending up to 90% ofthe value of the property. Janus found Trube to be overly cautious. Afterhis retirement, she became manager and sent a memorandum to the loansofficer in her branch authorizing him to make mortgage loans up to 90% ofvalue without insurance. Explain to the loans officer whether this policy isacceptable. ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ 12 of 1202/16DM27350PRACTICE MANAGEMENT (5 MARKS)(2) 1. A client is unhappy with her former lawyer’s account. She plans tocomplain to the Law Society that the lawyer has charged an excessive fee,and ask the Law Society to reduce the amount. Advise the client. ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ 2. Lawyer Dhillon, a sole practitioner, has a pooled trust account at achartered bank in B.C. She has repeatedly instructed the bank to debitservice charges against her general account, but the bank persists indebiting the trust account. This causes a problem for her monthly trustreconciliations.(1) (a) Advise Dhillon how to prevent this problem.(2) (b) Dhillon has trust funds amounting to $5,000 to the credit of two clients whodisappeared three years ago. Dhillon has tried to locate them withoutsuccess. Describe what Dhillon should do with regard to the $5,000
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