Part VII – Appearances by Non-Members
7.01 In this Part VII, unless the context otherwise requires:
(a) “student” means a student-at-law within the meaning of the Act who has obtained a degree in law from a recognized school of law;
(b) “barrister” means a member in good standing of the society who has been actively engaged in the practice of law in the province of Newfoundland for at least one (1) year;
(c) “judge” means a judge of the Provincial Court of Newfoundland;
(d) “principal” means the principal of the student concerned;
(e) “recognized school of law” means a school of law recognized by the benchers for the purposes of these rules and listed on a list of such recognized schools of law on the file from time to time with the vice-president.
(Amended: Rule 7.01(e), Summer Term Convocation, June 6, 2003)
Permitted appearances by students
7.02 (1) Provided the provisions of rule 7.03 and 7.04 are fully complied with, a student who has served at least three (3) months of articles in Newfoundland may:
(a) act as counsel or agent before a judge, in any:
i) civil proceeding,
ii) proceeding pertaining to an offence punishable on summary conviction, and
iii) proceeding pertaining to an offence in respect of which a judge has absolute jurisdiction;
(b) act as counsel or agent before any board, commission, tribunal or other similar body (whether composed of one person or more than one person) established by or under an Act of the Legislature of Newfoundland, including, without limiting the generality of the foregoing;
i) the labour relations board,
ii) the board of commissioners of public utilities,
iii) the Newfoundland crimes compensation board,
iv) a commissioner or commissioners under The Public Enquiries Act,
v) a board of arbitrators appointed under The Expropriation Act or other similar Act, and
vi) The workers’ compensation commission.
(2) the education committee may, in special circumstances, taking into account the relevant prior experience of a student, reduce the period of articles set out in subsection (1) as a prerequisite for appearing as a counsel or agent.
(Adopted: Rule 7.02(2) Winter Term Convocation, January 25, 1993)
Obligations of principal respecting appearances by student
7.03 In any matter or thing concerning which a student is intended to, or does, as the case may be, appear in accordance of rule 7.02, the principal shall ensure:
(a) that the principal, or another barrister attends with the Student and the client at the first interview of substance held with the client concerning the said matter or thing, that all pertinent information procurable is ascertained and made available to the student and that the student is properly briefed before and during the proceeding pertaining to the said matter or thing;
(b) that, prior to the committing of the student to appear in any of the circumstances specified in the rule 7.02, the client concerned has signed a consent form, in form 7.03A, in triplicate;
(c) that one signed triplicate of form 7.03A is filed with the vice-president within seven (7) days of the signing thereof by the client concerned;
(Amended: Rule 7.03(c), Summer Term Convocation, June 6, 2003)
(d) that one signed triplicate of form 7.03A is filed with either:
i) a judge, or
ii) the board, commission, tribunal or similar body established by or under an Act of Legislature of Newfoundland,
as the case may be, prior to the acting as counsel or agent;
(e) that the principal, or another barrister appears throughout the entire course of the proceeding with the student unless the principal, or another barrister, has already appeared with the student throughout the entire course of a proceeding of similar format and type thereof, the intent and purpose of the paragraph being to ensure that the student shall not, and shall not be required to, appear in a proceeding the format and type of which have not previously been experienced by that student in the presence of his or her principal or another barrister;
(f) that the student receives as broad and comprehensive a training as possible in the various areas of law which may be encompassed under the provisions of rule 7.03; and
(g) that all necessary advance fees, retainers and fees in general are collected from or billed to the client (such collection and billing being in no way the responsibility of the student) and that in computing such retainers and fees due consideration is given to the fact that the services rendered have been performed by a student and not a barrister.
Responsibility of principal for student appearances
7.04 The general conduct, action and works of the student under these rules shall be the sole and ultimate responsibility of the principal.
Mobility of persons from non-reciprocating jurisdictions
Mobility of Persons from Non-Reciprocating Jurisdictions
7.05 (1) Rule 7.05 applies to persons from Non-Reciprocating Jurisdictions under the National Mobility Agreement and in this rule:
“committee” means the Education Committee;
“home jurisdiction” means a Non-Reciprocating Jurisdiction under the National Mobility Agreement, in which a lawyer is eligible to practice law;
“law which is specific to this jurisdiction” includes topics of substantive and procedural law which, whether statutory or common law, are specific in their application to this province;
“lawyer” means a member of a Non-Reciprocating Jurisdiction under the National Mobility Agreement who is not a member of this society and, in the case of the Province of Quebec, includes a notary member of La Chambre des Notaires du Quebec;
“practice of law” means those activities which are by law reserved to members of the society.
Practising occasionally – Temporary Mobility of Persons from Non-Reciprocating Jurisdictions
(2) A lawyer practises occasionally who,
(a) engages in the practice of law in this province on not more than 10 matters and for not more than 20 days in total during any 12 month period, or such greater number of matters or days as permitted by this society because of special circumstances, and
(b) is not held out to the public in this province as being willing or qualified to practise law in this province.
Requirements for temporary mobility
(3) To engage in the practice of law in this province, a lawyer shall, subject to Rule 7.05, comply with whichever of the following are applicable:
(a) be a member in good standing of the governing body of the home jurisdiction and be eligible to practise in the home jurisdiction;
(b) be a member in good standing with the governing body of any jurisdiction in which he or she is eligible to practice law;
(c) carry professional liability insurance which
( i) extends to the lawyer’s practice of law in this
(ii) is reasonably comparable in coverage and amount to that maintained under this society’s compulsory program;
(d) have defalcation coverage which
(i) extends to the lawyer’s practice of law in this province, and
(ii) is reasonably comparable in coverage and amount to that maintained by this society;
(e) not presently be the subject of criminal or disciplinary proceedings in any jurisdiction;
(f) have no discipline record in any jurisdiction in which the lawyer is or was a member and no criminal record;
(g) pay an administrative fee to this society, as fixed by the benchers;
(h) be competent to practise law, specific to this jurisdiction, which the lawyer intends to practise while in this province.
Federal courts and tribunals
(4) A lawyer who complies with rule 7.05(3) may appear in this province as counsel before the Supreme Court of Canada, the Federal Court of Canada, the Tax Court of Canada, a federal administrative tribunal, or a provincial administrative tribunal before which persons who are not members of this society are permitted to appear.
(5) Notwithstanding anything in this rule, the society may permit a lawyer who does not meet the requirements of rule 7.05(3) to practise on such terms and conditions as it deems appropriate if satisfied that such permission is not contrary to the public interest.
Employees of the crown in right of Canada
(6) A lawyer who is an employee of the Crown in right of Canada or is employed by a federal government department may, on compliance with rule 7.03(3), practise law in this province for the Crown in right of Canada.
Permanent Mobility of Persons from Non-Reciprocating Jurisdictions
(7) The Education Committee may approve the enrolment of a person from a non-reciprocating jurisdiction under the National Mobility Agreement as a member of the Society where the person proves, to the Education Committee’s satisfaction and in accordance with the rules, that the person:
(a) is enrolled as a barrister or solicitor in a non-reciprocating jurisdiction under the National Mobility Agreement;
(b) has been actively engaged in the practice of law in a non-reciprocating jurisdiction;
(c) has received a degree in common law from a university in Canada recognized by the education committee or has received a degree in common law that, in the opinion of the education committee, is equivalent to a degree in common law granted by a university in Canada recognized by the education committee;
(d) is of good character and reputation;
(e) has passed any examinations prescribed by the Education Committee;
(f) has completed the required application forms and provided all documentation and information required by the Education Committee; and
(g) has satisfied any other requirements that the Education Committee may determine.
Foreign legal consultants
7.06 (1) In this rule:
“committee” means the executive committee;
“foreign legal consultant” means a person in good standing to practise law in his or her foreign home jurisdiction, who practises in the province the law of that foreign home jurisdiction;
“home jurisdiction” means a country other than Canada or an internal jurisdiction of that country.
Application for permit
(2) A person may apply to the society for a permit to act as a foreign legal consultant in the province by delivering to it:
(a) a complete permit application in a form approved by the benchers, and
(b) the permit fee fixed by the Benchers.
Issuance of permit
(3) The society may issue to an applicant a permit to act as a foreign legal consultant when satisfied that the applicant:
(a) is a member in good standing of the legal profession in his or her home jurisdiction, and is eligible to practise there,
(b) is of good character and reputation and meets the standards of fitness to practise prescribed by the society,
(c) has practised the law of his or her home jurisdiction for at least three complete years, or undertakes in writing to work, while acting as a foreign legal consultant in the province, only under the direct supervision of a foreign legal consultant from that home jurisdiction who has satisfied the three-year practice requirement,
(d) has delivered to the society a written undertaking that he or she will:
(i) not accept, hold, transfer or in any other manner deal with funds which would, if accepted, held, transferred or dealt with by a member, constitute trust funds,
(ii) submit to the jurisdiction of the society and comply with the Law Society Act, 1999, the Law Society Rules and the Code of Professional Conduct, as amended from time to time, and
(iii) notify the society promptly if he or she fails to complete satisfactorily whatever continuing legal education program is required of members of his or her home jurisdiction,
(e) carries professional liability insurance or a bond, indemnity or other security:
(i) in a form and amount which is reasonably comparable with that maintained by the society in its compulsory program,
(ii) which specifically extends to services rendered by the foreign legal consultant while acting as such in the province, and
(iii) which is expressly enforceable in the jurisdiction of Canada, or a province or territory thereof.
(f) participates in a program or carries a fidelity bond or other security satisfactory to the society and in an amount which is reasonably comparable in coverage and amount to that maintained by members of this society in accordance with rule 12 of the Law Society Rules, for the purpose of reimbursing persons who sustain a pecuniary loss as a result of the misappropriation or wrongful conversion by the foreign legal consultant of money or other property entrusted to or received by the consultant in his or her capacity as a foreign legal consultant in the province,
and the society may, subject to subrule (4), attach conditions to the permit.
(4) The committee may fix conditions that may be attached to permits which are issued or renewed under this rule.
(5) Subject to subrule (6), a permit issued under subrule (3) is valid from the issue date shown on it until the last day of the same calendar month in the next year.
(6) Notwithstanding subrule (5), a permit ceases to be valid if the foreign legal consultant:
(a) is suspended as a result of proceedings under the Law Society Act, 1999, or
(b) ceases to comply with any of the requirements of subrules (3) or (4).
Qualification to act as a foreign legal consultant
(7) Subject to subrule (8), a person may act as a foreign legal consultant in the province only if he or she holds a valid permit under this rule.
(8) Subject to section 39 of the Act, a member of the society who is also qualified to practise law in another home jurisdiction need not obtain a permit to act as a foreign legal consultant in the province, provided his or her activities as a consultant are insured against in a form and amount which is at least reasonably comparable with that maintained by the society in its compulsory program.
Marketing of legal services
(9)A foreign legal consultant, who is not a member of this society and eligible to practice without restriction in this province, when engaging in advertising or any other form of marketing activity in the province:
(a) shall use the term “foreign legal consultant”,
(b) shall state the home jurisdiction in respect of which he or she is qualified to practise law, and the professional title used in that home jurisdiction, and
(c) shall not use any designation or make any representation from which a recipient might reasonably conclude that he or she is a member of the society entitled to practice without restriction in this province.
Renewal of permit
(10)A foreign legal consultant who intends to continue to act as such in the province shall, before his or her permit expires, apply to the society for a renewal of the permit.
(11)A renewal application shall include:
(a) a completed permit renewal application in a form approved by the benchers,
(b)evidence satisfactory to the society that the applicant continues to comply with the requirements set out in subrules (3) and (4), and
(c)the renewal fee fixed by the benchers.
(12) The society may issue a renewal permit to a foreign legal consultant who has complied with the Act and these rules.
(13)Subject to subrule (14), a renewal permit issued under subrule (12) is valid for one year.
(14)Subrule (6) applies to a permit which has been renewed under subrule (12).
(Adopted Rule 7.06, Spring Term Convocation, April 1, 1996 to come into force on January 1, 2000; Amended Rule 7.06, Summer Term) Convocation, June 9, 2007)
[next rule is rule 7.01A]