Temporary Mobility

Temporary Mobility Under National Mobility Agreement

7.03A

(1) A visiting lawyer who is a member of a governing body that has signed and adopted the provisions of the National Mobility Agreement and who qualifies under rule 7.03A(3) may provide legal services without a permit for a maximum of 100 days in any calendar year.

(2) On application of a visiting lawyer who otherwise qualifies under 7.03A(3), the Executive Director may in writing allow the visiting lawyer to provide legal services without a permit beyond the time limit set in subrule (1).

(3) Subject to subrule (4), to qualify to provide legal services on a temporary basis under subrule (1) or (2), a visiting lawyer must at all times:

    (a) be entitled to practise law in a home jurisdiction;

    (b) carry liability insurance that

      (i) is reasonably comparable in coverage and limits to that required under Rule 10.05 and
      (ii) extends to the lawyer’s temporary practice in this province;

    (c) have reasonably comparable defalcation compensation coverage from a governing body that extends to the lawyer’s practice in this province;

    (d) not be subject to conditions of or restrictions on the lawyer’s practice or membership in the governing body in any jurisdiction imposed as a result of or in connection with proceedings related to discipline, competency or capacity;

    (e) not be the subject of criminal or disciplinary proceedings in any jurisdiction;

    (f) have no disciplinary record in any jurisdiction; and

    (g) not establish an economic nexus with this province, contrary to Rule 7.08A.

(4) The requirement in subrule (3)(b) does not apply to a visiting lawyer who is exempt from compulsory liability insurance under Rule 2.18.1 with respect to legal services to be provided in this province.