Law Society Rules

THE RULES OF
THE LAW SOCIETY OF NEWFOUNDLAND & LABRADOR


Part:
IIIIIIIVVVIVIIVIIAVIIIIXXXIXIIXIIIXIVXVXVIXVII Forms
Table of Contents:

 

PART I – Interpretation
1.01 Citation
1.02 Definitions
1.03 Rules of interpretation
1.04 Reference to parts
1.05 Compliance with forms
PART II – Organization of the Society
2.01 Definitions
2.02 Seat
2.03 Seal
2.04 Terms
2.05 Roll of the society and other archives
2.06 Convocation and other meetings
2.07 Order of procedures at convocation
2.08 Reading of minutes
2.09 Vote by ballot
2.10 Presiding officers in convocation
2.11 Vacancy in office of president
2.12 Vacancy in office of vice-president
2.13 Financial accounts
2.14 Banking
2.15 Vice-president’s responsibilities
2.16 Committees
2.17 Executive committee
2.18 Life membership
2.19 Non-practising membership
2.20 Changes in association of practice
2.21 Commencement or resumption of practice
2.22 Insurance Exemption
2.23 Resignations
2.24 Failure to comply
PART III – The Library
3.01 Librarian and library committee
PART IV – Election Rules
4.01 Nomination for election as bencher
4.02 When ballots required
4.03 Electronic Process
4.04 Voting
4.05 Counting of Ballots
4.06 Rejection of Ballots
4.07 Results of elections
PART V – Uniform Trust Account Rules
5.01 Definitions
5.01.1 General Account
5.02 Maintenance of records
5.03 Deposits in trust accounts
5.04 Withdrawals and transfers from trust accounts
5.05 Reporting overdrafts
5.06 Reporting
5.07 Suspension for failure to file
5.08 Exemptions
5.09 Investigations and audits
5.10 Preservation of rights
5.11 Borrowing and Lending
5.12 Bankruptcy and insolvency
5.13 Failure to Comply
PART VI – Education and Bar Admission Rules
6.01 Composition and structure of education committee
6.02 Duties of education committee
6.03 Admission and enrollment of students
6.04 Appeal from denial of admission as student
6.05 Service of articles
6.06 Responsibilities of principals and students
6.06A Education plan, compliance and evaluation of articles
6.07 Bar admission committee
6.08 Responsibilities of bar admission committee
6.09 Bar admission course
6.10 Bar admission examinations
6.11 Marking examinations
6.12 Cheating
6.13 Supplementary examinations
6.14 Content of supplementary examinations
6.15 Results of supplementary examinations
6.16 Application for enrollment by students
6.17 Issuance of certificate of fitness
6.18 Non-practising, suspended and former members
6.19 Compulsory Continuing Legal Education
6.20 Mandatory Continuing Legal Education
PART VII – Appearances by Non-Members
7.01 Special definitions
7.02 Permitted appearances by students
7.03 Obligations of principal respecting appearances by student
7.04 Responsibility of principal for student appearances
7.05 Mobility of persons from non-reciprocating jurisdictions
7.06 Foreign legal consultants
PART VIIA – National Mobility Agreement Rules
7.01A Definitions
7.02A Application and interpretation
7.03A Temporary mobility under national mobility agreement
7.04A Responsibilities of visiting lawyer
7.05A Federal jurisdiction
7.06A Trust funds
7.07A Inter-jurisdictional practice permit under national mobility agreement
7.08A Disqualifications by establishment of economic nexus
7.09A National registry of practising lawyers
7.10A Enforcement
7.11A Transfer under the national mobility agreement or the territorial mobility agreement
7.12A Liability insurance
7.13A Discipline
PART VIII – Professional Practice Rules
8.01 Special Definitions
8.02 Traditions and Ethics
8.03 Declaration of Principle
8.04 Provision of Information
8.05 Restrictions on Provision of Information
8.06 Misleading Firm Names
8.07 Firm Names and Letterhead
8.08 Identification of Deceased or Former Members or Students
8.09 Prohibited Activities
8.10 Preferred Areas of Practice
8.11 Fee Advertising
8.12 Sharing of Fees
8.13 Records
8.14 Verification of Statements
8.15 Inter-Jurisdictional Firms
8.16 Breach of Rule
PART IX – Discipline Rules
9.01 Definitions
9.01.1 Designated person
9.02 ALLEGATION
9.03 MEDIATION
9.04 INVESTIGATION
9.05 VICE-PRESIDENT REPORT
9.06 COMPLAINTS AUTHORIZATION COMMITTEE
9.07 RESPONDENT
9.08 COMPLAINT
9.09 DISCIPLINE HEARING
9.10 Plea
9.11 Procedure
9.12 Decision of Tribunal
9.13 Service
9.14 Effect of decision
9.15 Costs and expenses
9.16 Application to the complaints authorization committee
9.17 Procedure
9.18 Order of tribunal
9.19 – 9.27 Appeals to benchers
9.28 Publication
9.29 Bankruptcy and insolvency
9.30 Judgment and orders
9.31 Duty to report guilty plea or finding of guilt
9.32 Professional misconduct
PART X – Fees and Related Matters
10.01 Suggested Scale of Fees
10.02 Payment of Fees and Deductibles
10.03 Determination of Fees and Interest
10.04 Transaction Levy
10.05 Waiver or Proration of Fees and Extension
10.06 Compulsory liability insurance
PART XI – Professional Law Corporations
11.01 Register of professional law corporations
11.02 Approval of incorporation
11.03 Application for licence
11.04 Form of licence
11.05 Annual Filing
11.06 Application of professional practice rules
11.07 Application for cancellation of licence
PART XII – Supervision of Legal Assistants
12.01 Definition
12.02 Matters Requiring Professional Skill and Judgement
12.03 Legal Assistants
PART XIII – Assurance Fund Rules
13.01 Definitions
13.02 Funds Continued
13.03 Amount of the Fund
13.04 Application for Grant
13.05 Inquiry by the Insurance Committee
13.06 Payment From Fund
13.07 Maximum Grant
13.08 Recovery of Payment Made
13.09 Inter Provincial Practice of Law
PART XIV – Practice Investigation
14.01 Definitions
14.02 Practice review
14.03 Notice
14.04 Place of review
14.05 Co-operation with investigator
14.06 Report of investigator
14.07 Failure to comply
14.08 Review incomplete
14.09 Use of investigator’s report
14.10 Recovery of expenses of practice review
14.11 Discipline rules apply
PART XV – Cash Transactions and Record Keeping Requirements
Commentary and Advisory
15.01 Special definitions
15.02 Cash transactions
15.03 Record keeping requirements
PART XVI – Client Identification and Verification Requirements
16.01 Definitions
16.02 & 16.03 Client identity
16.04 Client identity and verification
16.05 & 16.06 Exemptions re:certain funds
16.07 Record keeping and retention
16.08 Application
16.09 Criminal activity, duty to withdraw at time of taking information
16.10 Criminal activity, duty to withdraw after being retained
PART XVII – Miscellaneous
17.01 Amendment
17.02 Repeal and Transition

This is an office consolidation only and is published for the general information and reference of the profession. While every effort has been made to ensure accuracy, members are reminded that the only official version of the Law Society Rules is contained in the Certified Minutes of Benchers, to which reference may be had, for comparison purposes, on application to the Secretary.