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Law Society Other Services
Certificate of Standing
Direction and Release Form
A Certificate of Standing can be provided to Law Society Members upon the payment of a nominal fee. You must first complete the attached Direction and Release form and return to Erin Rowe at Law Society Offices. The Direction and Release Forms allow Ms. Rowe to obtain the necessary information from other Law Society departments in order to complete the Certificate.
Insurance Programme of Law Society
CLIA CLAIM REPORTING FORM
Janice Ringrose
Lawyers' Insurance Programme
PO Box 1028
St. John's, NL A1C 5M3
Telephone: 722-6008
Facsimile: 722-7008
Email: insurance@lawsociety.nf.ca
Mentoring Programme
Benchers canvassed senior practitioners to volunteer their expertise for the benefit of those junior, or for the benefit of members faced with a legal transaction in a subject area new to them.
Names of senior members willing to act as mentors are available by telephone from the Law Society by contacting 722-4740. Subject areas where mentors are currently listed: Administrative; Civil; Construction; Corporate & Commercial; Criminal; Employment & Labour, Ethics; Family, General Litigation; Human Rights; Information Technology; Medical-Legal Litigation & Personal Injury; Real Estate, Wills & Estates.
Members who use the mentoring programme must be aware that neither the Law Society nor the mentor will be liable for the assistance provided, and members who use the programme must verify advice independently.
Procedure for the Disposal of Unclaimed Trust Funds
Pursuant to Section 70.1 of the Law Society Act, 1999, members who have held money in trust on behalf of a person whom the member has been unable to locate for 2 years or more, must pay those monies to the Society.
Unclaimed trust funds
70.1 (1) A member who has held money in trust on behalf of a person whom the member has been unable to locate for 2 years or more, shall pay the money to the society.
(2) Where a member has paid money to the society under subsection (1), the liability of the member to pay that money to the person on whose behalf the member previously held it or to that person's legal representative, is extinguished.
(3) The society shall hold in trust any money paid to it under subsection (1).
(4) The society is entitled to retain, for its purposes, interest on any money held by it under subsection (3).
(5) A person or the legal representative of a person who, but for subsections (1) and (2) could have claimed money held in trust by a member, may claim the money from the society and, on being satisfied that the person is entitled to it, the society shall pay the money to the person.
(6) A claim against the society under subsection (5) is not enforceable after the expiration of 10 years after the money is received by the society under subsection (1) and, after expiration of the 10 year period, the society shall pay the money, excluding any interest retained under subsection (4) to the foundation for its purposes.
(7) The society shall, for the purpose of public notice, publish in Part I of the Gazette the available identifying information regarding the unclaimed trust funds at the end of the 9th year after the money is received by the society before taking the action referred to in subsection (6).
(8) Where a claim is made under subsection (5) and the society is not satisfied that the person is entitled to the money, that person or the legal representative of that person may apply to the Trial Division for a review of the decision of the society and the court may, where it is satisfied that the person is entitled to the money, allow the claim.
Individual amounts can be provided separately or as a lump sum, by cheque made payable to the ‘Law Society of Newfoundland and Labrador in Trust’. Members must also provide particulars respecting the monies attributable to each client. The information required includes the name of the client, the name of the lawyer retained, the amount of funds held in trust, the date of the last trust activity and the efforts taken to locate the clients to return the funds. To comply with Section 70.1, members only need to send a letter to the Law Society with the relevant information requested for each client, and the cheque(s).
Claim to Trust Money
Claim Form
Automatic Debit Forms for Withdrawing Monthly Fees
Automatic Debit Form
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