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- Hiring a Student-at-Law
The Law Society has rules regarding the timing of student-at-law recruitment and hiring. Further information can be found on our student recruitment webpage.
If you intend to hire a student-at-law, you must complete the Mandatory Principal Training which is a new requirement in 2022.
Before hiring a student-at-law, we encourage you to review the following:
- Cultural IQ and Indigenous Cultural Competence Resource
- Articling Agreement;
- Education Plan; and
- Articling Learning Plan Template.
The details for the Articling Agreement and Education Plan are available below.
The Student covenants with the Principal as follows:
- I will faithfully and to the best of my ability serve the Principal as a student-at-law in the profession of a barrister and solicitor throughout the articling term.
- I will obey and execute the lawful and reasonable requirements of the Principal and will not be absent from the service of the Principal at any time during the articling term without the Principal’s consent. I will at all times behave with diligence, honesty and propriety.
- I will at all times keep in strict confidence the business and affairs of the Principal, the Courts of Alberta, the members of the Society who practise law in association with the Principal, any other members of the Society who supervise my service as a student-at-law under these Articles and members of the Society who practise in association with them, and the business and affairs of their respective clients.
- I will at all times take proper care of and account for all books, paper writings, records, money and other property of the Principal and which are entrusted to me or come into my custody or possession.
- I will comply with my obligations as a student-at-law under the Legal Profession Act, the Rules of the Law Society of Alberta and any code of ethical standards authorized or established by the Benchers of the Society.
During the articling term, the principal will ensure that the student obtains practical experience, training, mentoring and evaluations in the following key competency areas:
- Ethics and Professionalism
- Practice Management
- Client Relationship Management
- Conducting Matters
- Adjudication/Alternative Dispute Resolution
Learning objectives for the articling year, as well as a sample of learning activities, for each competency are set out below. Learning objectives are at a level commensurate with entry to the profession, not at the level of mastery. This standard is derived from the National Entry to Practice Competency Profile for Lawyers. The list of learning activities is intended to serve as a description of the types of actions the Principal and Student are expected to undertake to support the learning objectives. It is not a checklist. In considering appropriate learning activities it should be noted that a “client” is anyone for whom a lawyer (or in this case the Student) is providing legal services and may include “clients” who are internal to the Student’s employer.
Ethics and Professionalism
At the end of the articling term, the Student will be able to act ethically and professionally in accordance with the standard set by the Law Society of Alberta Code of Conduct.
Learning Activities to support this learning objective may include:
- Discussing ethical issues and problems that may arise in practice.
- Exploring strategies for identifying and resolving ethical issues.
- Engaging in critical thinking and discussion about ethical issues.
- Discussing strategies for making informed and reasoned decisions about ethical issues.
- Identifying potential conflict of interest issues and observing or using a client conflict management system.
- Discussing the circumstances giving rise to the need for independent legal advice and the steps to take when giving independent legal advice.
Practice Management
At the end of the articling term, the Student will be able to effectively manage time, files, finances, and professional responsibilities, as well as being able to delegate tasks and provide appropriate supervision.
Learning Activities to support this learning objective may include:
- Investigating and implementing strategies for prioritizing and managing tasks and for tracking deadlines.
- Reviewing file management practices, including opening and closing files, developing checklists, and sending files for storage or destruction.
- Discussing strategies for managing finances, including adherence to trust accounting requirements.
- Developing a plan to manage professional responsibilities, including ethical, licensing, and other professional responsibilities.
- Reviewing and learning to use:
- time tracking, limitation reminder, and bring forward systems;
- trust accounting and general accounting systems;
- billing and collection systems;
- client record and file management systems; and
- practice checklists.
- Practicing delegating tasks while providing appropriate supervision.
Client Relationship Management
At the end of the articling term, the Student will be able to effectively manage client relationships.
Learning Activities to support this learning objective may include:
- Exploring strategies for managing client relationships, including establishing and maintaining client confidence and managing client expectations.
- Discussing methods of advising clients and developing legal strategy, keeping in mind clients’ particular circumstances, including age, language, disability, socioeconomic, and cultural context.
- Observing, participating in, and conducting initial client interviews, including:
- confirming who is represented and who will provide instructions;
- confirming the client’s identity pursuant to applicable standards/rules;
- assessing the client’s capacity and fitness (if applicable); and
- discussing and setting fees and retainers.
- Reviewing, revising, and/or drafting a retainer letter.
- Documenting client consent, client instructions, and advice provided.
- Helping maintain regular client communication, including participating in client meetings and preparing correspondence to keep clients apprised of progress in their matter.
- Addressing outstanding client concerns.
- Reviewing, revising, and/or drafting an exit/reporting letter.
Conducting Matters
At the end of the articling term, the Student will be able to conduct a range of matters handled by lawyers on a regular basis.
Learning Activities to support this learning objective may include:
- Gathering facts through interviews, searches and other methods.
- Identifying applicable areas of law.
- Seeking additional expertise when necessary.
- Conducting legal research and analysis.
- Developing case strategy.
- Identifying mode of dispute resolution.
- Conducting due diligence (including ensuring all relevant information has been obtained and reviewed).
- Drafting documents, including:
- opinion letters and demand letters;
- affidavits/statutory declarations;
- written submissions;
- simple contracts/agreements and releases; and
- legal accounting (e.g., statements of adjustment, marital financial statements, estate divisions, bills of costs).
- Imposing, accepting, or refusing trust conditions and/or undertakings.
- Negotiating a resolution of a dispute or legal problem.
- Reviewing financial statements and income tax returns.
Adjudication/Alternative Dispute Resolution
At the end of the articling term, the Student will be able to identify core elements of a dispute and resolve disputes through use of alternative dispute resolution or adjudication.
Learning Activities to support this learning objective may include:
- Discussing effective strategy for resolution of dispute.
- Drafting litigation documents, including pleadings, court orders, and briefs.
- Preparing list of documents or an affidavit of documents.
- Requesting and producing/disclosing documents.
- Preparing or responding to a motion or application (civil or criminal).
- Observing, participating in, and conducting interviews and briefing of witnesses.
- Attending court or tribunal to observe or to speak to routine matters.
- Conducting a simple hearing or trial before an adjudicative body.
Once your student-at-law has submitted their application to the Law Society, you will be prompted to accept the Articling Agreement in the Lawyer Portal. In the Lawyer Portal, the Articling Agreement application contains the Education Plan. Please ensure to complete this step in a timely manner as your student’s application will not be reviewed until you have accepted the Articling Agreement.
Application Process
Your student-at-law must submit several items to the Law Society comprising a complete student-at-law application. Further information on what is required can be found on the student-at-law webpages. It is important to note that the Law Society must receive your student-at-law’s application 30 days in advance of their requested start-date. The Articling Agreement must also be accepted by the principal 30 days in advance as this is part of a complete application.
Your student-at-law cannot commence work until they have been approved by the Law Society and given an official commencement date. If the student-at-law application requires an enhanced review (a further review into their good character and reputation) or your suitability as a principal requires additional analysis, the approval of their application may take additional time.
Payment of fees must be received as part of a complete student-at-law application. It is the student-at-law’s responsibility to ensure that payment has been received by the Law Society and any arrangements between the principal/firm and the student for the payment or reimbursement of these fees is between the student and their employer.
FAQ
Payment of Law Society fees and the PREP tuition subsidy are the responsibility of the student-at-law. Any arrangements between the principal/firm and the student for the payment or reimbursement of these fees are between the student and their employer. If the articling relationship ends prematurely, it is up to the principal and student-at-law to arrange for any reimbursement. You may want to address fees in your employment contract with your student-at-law.
Under the Employment Standards Code, students-at-law fall into a category of paid employees. For more information, view Articling Students: Paid Employees Under Employment Standards.
While traditionally most students complete their articles at a single firm or organization, there are other options available for the student and you to pursue, including:
These options require additional steps to be taken at the beginning and throughout the articling process and will require your participation.
Composite Articles
Composite articles combine multiple short-term or long-term articling positions in different practice settings to make up the articling length requirement in Alberta.
Each time the student changes practice settings there will be a change to a new principal.
Students must ensure the following additional steps are completed with composite articles:
- articles (as a whole) will meet the Education Plan requirements;
- an agreement is in place with each principal to ensure a common understanding of practice area(s), articling term start and end dates, expectations, salary, and any other relevant items;
- the Articling Agreement Application has been submitted to the Law Society in advance of every composite arrangement so that any potential concerns can be raised early on and resolved, if necessary; and
- the documents each principal completes are submitted after completion of every composite term for articling credit.
Secondments
An articling secondment is when a student moves from one firm or organization to another firm or organization for a temporary period of time. For example, a student articling with a firm may spend six weeks working for a client in a corporate in-house setting.
In a secondment, a student retains the same principal for the entire articling term.
Once the student receives permission from their principal to participate in a secondment, they must submit an application for the secondment using the Lawyer Portal a minimum of 10 days prior to the proposed start date. The proposed supervisor will receive a notice to sign into the Lawyer Portal and confirm acceptance. The proposed secondment must be approved by the Law Society prior to commencement.
Secondments typically last from one to six weeks. Supervisors involved in secondments exceeding 30 days are required to successfully complete the Mandatory Principal Course prior to the secondment being approved by the Law Society. If a planned secondment will exceed six weeks, the student needs to contact the Law Society for specific approval as to duration.
Court Clerkships
A court clerkship is when part of the articling term is served with a Judge or Justice pursuant to section 38(2) of the Legal Profession Act (Alberta).
The total articling term under this option must be 11 to 15 months, with a minimum of eight months being completed with the Judge or Justice and a minimum of three months being completed with a lawyer.
Once the student has completed or nears completion of the clerkship and has secured a position with a lawyer, the student must submit a second Articling Agreement Application using the Lawyer Portal.
Students-at-law have three years to complete their articles and CPLED from the date that they commence articles (Rule 58.1(1)). Students-at-law can apply in writing via email to Membership for a extension of the three year time limit and a decision will be made by an authorized delegate of the Executive Director. A detailed explanation about the reason for an extension should be provided.