Becoming a Lawyer in Saskatchewan
Articling in Saskatchewan
Articling is an important part of the bar admission training
process. It is the Law Society's goal to provide articling students
with challenging and rewarding learning experiences during articles
and in the bar admissions program. We are pleased to offer a
program that will help articling students acquire and apply the
skills they will need to practice law as an ethical, competent and
professional member of the Saskatchewan Bar.
One of your first priorities as an articling student should be
to familiarize yourself with the rules and guidelines that govern
what is expected of you during your articles.
- Qualifications to Act as a Principal (Rule
152)
- Duration of Articles (Rule 153)
- Law Clerks (Rule 154)
- Transfer into Saskatchewan during Articles (Rule
155)
- Submit Proof of Entry into Articles (Rule
156)
- CPLED Articling Position Requirement
- Additional Resources for Students Seeking
Articles
- What is Expected of You During Your
Articles?
- What Can You Do as an Articling Student? (Rule
161)
- Articling Plan and Reports
- Do You Automatically Become a Commissioner for
Oaths and Notary Public?
- Can You Have a Business Card and Be on the Firm's
Letterhead?
- How Should You Relate to Other Lawyers and to
Clients?
- Secondment of Articles (Rule 157)
- Change of Principal or Firm (Rule 158)
Qualifications to Act as a Principal
(Rule 152)
A Principal is generally the most influential person in the life
of an articling student. A Principal will often play many
roles during the articling year: mentor, role-model, manager,
counsellor and friend. A Principal's level of involvement
throughout a student's articles will often correlate directly with
the student's success, both in the office and in the bar admission
process.
Principals, students and Bar Admissions staff work toward a common goal -
to provide students with the skills and knowledge necessary to
competently serve the public upon admission to the practice of law
in Saskatchewan.
The Law Society of Saskatchewan regulates with whom students can
article (Rule 152(4) to 152(7)). The Rules state that you can
article with:
- a lawyer in private practice in Saskatchewan,
- a lawyer at Saskatchewan Justice or the Federal Department of
Justice, or
- a lawyer at certain corporations, boards or commissions in
Saskatchewan
that the Law Society has approved.
The lawyer you article with must be in full time active practice
for at least five years immediately preceding the application under
Rule 150. The Law Society has the discretion to allow a lawyer with
fewer years in practice to take an articling student (Rule 152(8)).
Please note that Rule 152 requires principals to receive prior
approval to take an articling student.
Duration of Articles (Rule 153)
You must serve under articles for twelve months (Rule 153). Your
length of service runs from the date of signing your Articles of
Clerkship, your request for confirmation of clerkship or the date
of your admission as a student-at-law, whichever is the
latter (see Proof of Entry into Articles
below).
Law Clerks (Rule 154)
You can also serve as a law clerk to a Justice of the Court of
Appeal for Saskatchewan or the Court of Queen's Bench for
Saskatchewan; a Judge to the Provincial Court of Saskatchewan; or a
Justice of the Supreme Court of Canada, the Federal Court of
Appeal, the Federal Court or the Tax Court of Canada (Rule
154).
If you are serving as a law clerk with the Court of Queen's
Bench for Saskatchewan, the Court of Appeal for Saskatchewan or the
Provincial Court of Saskatchewan, you must also serve a total of
twelve months, but you must:
- serve not less than two consecutive months with a full-time
practicing lawyer, or
- serve not less than one month with Saskatchewan Justice or the
Saskatchewan Legal Aid Commission and not less than one month with
a full-time practicing lawyer.
If you serve as a law clerk to the Supreme Court of Canada, the
Federal Court of Appeal, the Federal Court or the Tax Court of
Canada:
- you will receive one month's credit toward the 12 month
articling requirement as set out in Rule 153 for each month served
as a law clerk in excess of 3 months, up to a maximum credit of 9
months.
- The remainder of the twelve month period in accordance with
Rule 153 must be served under articles with a qualified principal
in Saskatchewan (Rule 152).
Transfer into Saskatchewan during
Articles (Rule 155)
A student-at-law from another Canadian Province or Territory
wishing to transfer into Saskatchewan to complete his or her
articles must apply to be admitted as a student-at-law pursuant to
Rule 150.
Please refer to Application for
Admission as a Student-at-Law for more information.
Proof of Entry into Articles (Rule
156)
Once you have secured an articling or clerking position, there
are 3 steps necessary to officially commence your articles:
- You must be approved as a student-at-law. For
more information please see Application for
Admission as a Student-at-Law.
- You must begin working with your principal
and:
- If you are articling under a lawyer: Complete
the Articles of Clerkship Agreement (Form A-2); or
- If you are serving as a law clerk: Request
written confirmation of your clerkship from your supervising Judge
or Justice.
- No later than 30 days after completing step 2,
above, you must deliver to the Law Society:
-
- Your Articles of Clerkship Agreement (Form A-2) or confirmation of services
as a law clerk;
- Confirmation that you have successfully completed your
J.D./LL.B. or hold a Certificate of Equivalency issued by the
National Committee on Accreditation; and
- The Articling Fee of $100 plus
$5 GST for a total fee of $105
(Rule 156) within 30 days of the date of signing or request for
confirmation.
All of this material must be filed directly with The Law
Society of Saskatchewan office in Regina.
Delay in completing any of these steps may create unnecessary
problems for you. You may be working at your office but the time
will not be recognized if you did not apply to The Law Society of
Saskatchewan to become a student-at-law or you did not sign the
Articles of Clerkship, or, in the case of students clerking with a
court, you did not request confirmation of your clerkship from the
supervising Justice.
Although you may apply to become a student-at-law, you
cannot sign Articles of Clerkship or serve as a
law clerk until the Law Society receives confirmation that your
degree was granted. The Law Society Membership Officer will contact
the University of Saskatchewan, College of Law at the beginning of
May each year to obtain a confirmation list of eligible
students. If your degree is from a College of Law other than
the University of Saskatchewan, please obtain written confirmation
from that university confirming the date that your law degree was
granted, and provide it to the Law Society. A copy of your
actual law degree is not needed at this point. If you intend
to start working before this written confirmation is received by
the Law Society, the time worked will not be recognized as part of
your articles.
CPLED Articling Position
Requirement
Please note that while most students will have obtained an
articling position prior to commencing the CPLED Bar
Admissions Program, the Law Society recognizes that some
students will still be seeking a position when the CPLED Program
begins. Since the CPLED Program only runs once a year, the Law
Society will allow students to commence the Program without an
articling position. However, students must obtain a
position prior to Module 6 or they will be forced to withdraw from
the Program.
Additional Resources for Students
Seeking Articles
The Career
Office at the University of Saskatchewan - College of Law
provides information and resources to help support U of S students
in their search for an articling position. For more information,
please contact Terri Karpish, Student Services Officer at 966-1924
or terri.karpish@usask.ca.
What Is Expected of You During Your
Articles?
During this period in your development as a lawyer, you will
have, by virtue of your student-at-law status, the privilege of
being able to serve the public in the practice of law, subject to
some limitations. Your principal's job will be not only to
supervise you, but also to teach and guide you as you develop the
knowledge and skills needed to practice law.
The contract you enter into with your principal (Articles of
Clerkship) defines the parameters of your relationship with your
principal and sets out your duties as an articling student as
follows:
- to keep secret the affairs of your principal, the firm, and the
firm's clients;
- to follow your principal's instructions and to be reliable;
and
- to be honest, to work hard, and to act professionally.
In return, your principal promises:
- to use his or her experience and expertise to help you learn
how to practice law; and
- to help you to be admitted as a lawyer in Saskatchewan.
This contract assumes that you know what it means to "act
professionally." To practice law in a professional and ethical
manner, you must be familiar with The
Legal Profession Act, 1990, The Law Society of Saskatchewan Rules
and the Code of Professional
Conduct. One of your first priorities as an articling
student should be to familiarize yourself with these rules and
guidelines.
You also promise in this contract to keep all the work you do
for your principal and for clients confidential. This is one of the
most important promises you make to your principal as
confidentiality is essential to the lawyer - client relationship.
Do not discuss your clients or their cases with other articling
students or with anyone outside of your firm.
Because you have certain privileges as a student-at-law, you
also have obligations. You are subject to the same discipline as
lawyers and if you are found guilty of "conduct unbecoming a
student" the consequences are extreme. The Law Society of
Saskatchewan can terminate your articles, suspend your articles,
reprimand you and order you to pay a fine or pay the costs of their
investigation and any hearing.
What Can You Do as an Articling Student?
(Rule 161)
There are some limits to what a student-at-law can do in the
practice of law. These limitations are set out in Rule 161 of The Law Society
of Saskatchewan Rules, the Queen's
Bench Rules, The
Legal Profession Act, 1990, and the Criminal Code
of Canada.
Subject to section 31(a)(i) and (ii) of The Legal Profession
Act, 1990, and the provisions set out in the Queen's Bench Rules
and the Criminal Code, your principal's judgment will dictate, to a
large degree, what work you do. Rule 161(1) of the Law Society
Rules indicates that you are allowed to perform any legal service
that your principal:
- is personally competent to do;
- supervises to the extent necessary, given the circumstances;
and
- is satisfied that you are, because of your principal's
supervision, competent to do.
Rule 161(2) indicates that, as a student-at-law, you cannot:
- accept a case for the principal or firm;
- set the fees on a file;
- give or accept a professional undertaking; or
- settle a contested matter.
Although, as a student-at-law, you may appear in both Provincial
Court and The Court of Queen's Bench, there are restrictions on
what you may do. Specifically,
- the Criminal
Code states that a student-at-law may not conduct a
preliminary hearing for someone charged with an indictable
offence.
- Queen's Bench Rule 10A states that, although students-at-law
may represent a party before a judge sitting in chambers on
uncontested or uncomplicated contested matters. The student-at-law
must either:
- be accompanied by the lawyer in charge of the file; or
- the lawyer in charge must file advance notice with the Court
saying that the student-at-law has been properly briefed.
Students-at-law may not appear in The Court of Queen's Bench
(other than Chambers as outlined above) or the Court of Appeal for
Saskatchewan.
If you have any concerns about whether you should be doing the
type of work that has been assigned to you, discuss it with your
principal. If you and your principal have doubts about whether the
work is appropriate, you can ask The Law Society of Saskatchewan
for advice on the question.
Articling Plans and Reports
Students and principals will be provided with an Articling plan
designed to assist students and their principals with planning
activities that will provide a rich and comprehensive articling
experience.
In addition to the Articling plan, students and principals will
be given an Articling Report to complete twice during the articling
year. The report contains a checklist of what a student may be
expected to do during articles.
Articling Plans and Reports will be distributed by the Bar
Admissions Office during the CPLED Bar Admissions Program. Students
and principals are encouraged to use these documents to assist in
planning an effective work program that maximizes the educational
aspect of articling.
Do You Automatically Become a
Commissioner for Oaths and Notary Public?
When you are admitted as a lawyer, and as long as you remain a
practicing member of The Law Society of Saskatchewan, you
automatically obtain the status of Commissioner for Oaths and
Notary Public at no additional cost. If you want to obtain that
status while you are still a student-at-law, you must apply to the
Department of Justice and pay the required fee. You should
familiarize yourself with:
- the law and practice regarding oaths, affidavits, statutory
declarations, and guarantees;
- the appropriate forms of jurats; and
- the need for consistency and care in your practice as a
Commissioner and Notary Public.
Can You Have a Business Card and be on
the Firm's Letterhead?
As long as you are clearly designated as a "Student-at-Law," you
may have your name on a firm business card and firm letterhead.
How Should You Relate to Other Lawyers
and to Clients?
All of your dealings with other lawyers, clients and members of
the public should be civil, courteous and professional. The legal
profession and The Law Society of Saskatchewan are vitally
concerned with the erosion of civility amongst lawyers and your
articling year provides you with an opportunity to establish the
ethical and civil conduct that is required in our profession. As an
articling student, you must always conduct yourself in a manner
appropriate to our profession. In addition, you should always:
- identify yourself clearly as a student-at-law (don't leave the
impression that you are a lawyer entitled to practice);
- respond promptly and appropriately to telephone calls and
letters from other lawyers and from clients; and
- follow the guiding principles set out in the Code
of Professional Conduct.
Secondment of Articles (Rule 157)
Under Rule 157(1) a principal may permit his or her articled
student to work in the office of another member who has been
approved to act as a principal, for a period or periods not
exceeding 8 weeks of the student-at-law's articling period.
Change of Principal or Firm (Rule
158)
The articles of a student-at-law may be assigned to a new
principal during their articling year under Rule 158 of the Law
Society Rules. Once students have made the necessary
arrangements with their new principal, students must:
- complete the Assignment of Articles Agreement (Form A-4)
- sign the Agreement, along with their previous principal and
their new principal, and
- send it to The Law Society, along with the filing fee of $100
plus GST within 30 days of the date it was signed.