Reminder: What to Do with Unclaimed Trust Funds 

This is a reminder for lawyers to ensure they understand their obligations when it comes to money held in trust for more than two years for inactive files/matters.  

Law firms occasionally hold trust funds for extended periods of time when they cannot locate the clients or other parties to whom the funds belong. A firm must maintain proper oversight, accounting, tracking and management of matters on which the firm is retaining inactive or undisbursable trust funds. It is the responsibility of the Responsible Lawyer — not the bookkeeper, paralegal, office manager or accountant — to safeguard client funds. 

In certain circumstances, the Rules of the Law Society of Alberta allow firms to pay such undisbursable funds to the Law Society. Before paying the funds to the Law Society, the firm must have held the trust funds for more than two years and be unable to locate the funds’ owners despite reasonable efforts to do so. 

To learn more, read the Disbursing the Undisbursable resource on the Law Society website.

Alberta Law Libraries’ 2024 Survey to the Bar

The Alberta Law Libraries’ 2024 survey to the bar closes on July 12. Please take 5–10 minutes to complete this brief survey. Your suggestions and input help the library serve you better.

Court of King's Bench Announcements

Peace River Scheduling Changes

Further to the Peace River town hall meeting held in 2023, the Court of King’s Bench will be proceeding with the following scheduling changes in Peace River on a pilot project basis commencing September 2024:

• Monday – King’s Bench Appearance Court (“KBAC”) at 2 p.m. - 4:30 p.m.
• Tuesday – Emergency Protection Orders (“EPOs”) at 9:30 a.m. - 10 a.m.
• Wednesday – Emergency Protection Orders (“EPOs”) at 9:30 a.m. - 10 a.m.
• Thursday – Family/Civil Chambers at 9 a.m. - 10 a.m. (capped at 12 matters)
• Fridays – Family/Civil Chambers at 9 a.m. - 10 a.m. (capped at 12 matters)

Trials are not impacted by this change. For more information, visit the Court of King's Bench website.

Mandatory Use of the King's Bench Filing Digital Service (FDS) in all Locations

The King’s Bench Filing Digital Service (FDS) allows lawyers and legal assistants to file a wide range of civil documents electronically, in all King’s Bench locations in Alberta. Because FDS requires the creation of an account, it is available to lawyers, legal assistants and law firms only. This announcement does not apply to filings made by self-represented litigants.

Effective July 2, 2024, use of the FDS filing system will be mandatory for Counsel filing all accepted documents in all King’s Bench locations. For more information, visit the Court of King's Bench website.

Expansion of the King's Bench FDS to Include all Remaining Locations for Civil Justice Chambers

Effective July 2, 2024, the Court of King’s Bench Filing Digital Service program will expand to include filings for Civil Justice Chambers in Drumheller, Grande Prairie, Lethbridge, Medicine Hat, Peace River, Fort McMurray, St. Paul and Wetaskiwin for hearings scheduled on or after Aug. 6, 2024.

This pilot program enables lawyers to submit an Application for Civil Justice Chambers, accompanied by supporting materials and a Form of Order, which is mandatory. Reply materials will also be accepted. Materials will be digitally delivered to the Justice. Orders that are granted in the provided form will be digitally signed by the Justice and made available to counsel through the digital service. For more information, visit the Court of King's Bench website.

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