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RULES OF THE LAW SOCIETY OF NEWFOUNDLAND AND LABRADOR
A hard copy of the complete Rules of the Law Society of Newfoundland and Labrador can be obtained from the Law Library or from the Law Society Administrative Offices.
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REQUIREMENTS FOR APPLICANTS WITH NON-CANADIAN COMMON LAW DEGREES
The attached Policy was adopted by the Benchers of the Law Society of Newfoundland and Labrador at the June 5, 2009 Convocation. This Policy deals with the requirements relating to persons with non-Canadian Common Law Degrees with respect to membership with the Law Society of Newfoundland and Labrador
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CLIENT IDENTIFICATION RULES
On October 31, 2008, new Client Identification Rules (see: Part XVI) come into effect for lawyers in Newfoundland and Labrador. The Rules were earlier distributed to members on 25 June, 2008, following approval by Benchers at Summer Term Convocation.
In Question & Answer format attached are questions we believe will be most frequently asked about the new Client Identification Rules; the questions and answers provide a starting point for your compliance.
The Rules require lawyers to follow client identification and verification procedures when retained by a new client or when commencing new work for an existing client (see Questions #2, 26, 28, 36). Under the Rules, lawyers are required to keep a record of the information and the documents used to verify each client’s identity. A client’s identification records can be kept in the client’s file, or electronically, (see Questions #33 and 34) and can be subject to inspection as part of the Law Society’s Trust Audit Programme.
Client Identification Rules are similar across Canada and are part of ongoing anti-money laundering and anti-terrorism initiatives agreed to by the Government of Canada. In most parts of Canada, Rules identical or similar to these come into effect at the end of October.
The Client Identification Rules are found in Part XVI of our current rules at www.lawsociety.nf.ca/rules.asp#XVI
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LAWYERS INSURANCE PROGRAMME
Potential Insurance claims are to be reported by completing and faxing to the Lawyers Insurance Program a CLIA Claim Reporting Form. The Form is attached for your information.
A member with a claim enquiry may phone 722-6008, a dedicated claim reporting line and speak to the Insurance Administrator, Janice Whitman, directly or may fax to 722-7008 or email to insurance@lawsociety.nf.ca
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NOTICE OF UPCOMING PUBLIC HEARINGS
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AN ACT TO AMEND THE LAW SOCIETY ACT, 1999
Bill 22, An Act to Amend the Law Society Act, 1999, received Royal Assent on June 4, 2008.
You may contact the Law Society for a copy or locate Bill 22 at www.assembly.nl.ca/business/bills/bill0822.htm
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RECENT AMENDMENTS TO THE RULES OF THE LAW SOCIETY OF NEWFOUNDLAND AND LABRADOR
Special Term Convocation, December 7, 2009
Law Society Rule 5.11 - Borrowing and Lending
Refer to www.lawsociety.nf.ca/rules.asp to find these amendments or contact the Law Library or the Law Society Administrative Office to obtain a consolidated hard copy.
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TRANSACTION LEVY
Transaction Levy Guidelines Introduction
John Roil, QC, Chair of the Insurance Committee, developed Guidelines to provide members a quick overview of the Transaction Levy. The Guidelines are attached to this introduction.
You may find an updated copy of the Rule 10.04 to implement the Levy at www.lawsociety.nf.ca/rules.asp.
The intent of the Guidelines is to provide a consistent base from which members can make decisions about application of the Levy. In instances where the Rule or the Guidelines do not make clear the application, members are requested to write an appropriate note to the file indicating their decision whether the Levy applies. These good faith decisions by members will be accepted by the Law Society during the first year of Levy implementation and until the Insurance Committee can review and respond to enquiries that will arise.
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BENCHERS' CONVOCATION DATES
The Benchers' Convocation dates for 2010 are as follows:
Winter Term - Jan 25, 2010
Spring Term - April 5, 2010
Summer Term - June 4, 2010
Fall Term - October 4, 2010
Special Term - December 6, 2010
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