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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