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Law Society Rules

THE RULES OF
THE LAW SOCIETY OF NEWFOUNDLAND & LABRADOR


Part:
I II III IV V VI VII VIIA VIII IX X XI XII XIII XIV XV XVI XVII 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
3.02   Duties of library committee
3.03   Rules of the library
3.04   Regional libraries
 
PART IV - Election Rules
     
4.01   Nomination for election as bencher
4.02   When ballots required
4.03   Voting
4.04   Counting of ballots
4.05   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
 
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
 
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
 
   

 

FORMS
   

 

2.19A  

Application for Non-Practising Membership or to Resign Membership

2.20A  

Notice of Change in Association of Practice

2.21A  

Application for Commencement or Resumption of Practising Status

2.22A  

Application For Exemption From Group Professional Liability Insurance

5.06C  

Accountants Report-New Trust Account

4.01A  

Nomination paper

6.03A  

Application for admission as a student affidavit

6.03B  

Application for enrollment as a student

6.03C  

Sponsors questionnaire

6.05A  

Articles of clerkship

6.05B  

Assignment of articles

6.06A(1)  

Education plan

6.06A(8)  

Education plan progress report

6.06A(9)  

Certification of completion of education plan

6.06A(10)(a)  

Articles evaluation (Student)

6.06A(10)(b)  

Articles evaluation(Principal)

6.16A  

Application for certificate of fitness and affidavit

6.16B  

Application for call and affidavit

6.16C  

Solicitor's certificate

6.16D  

Notice of application for certificate of fitness

6.17A  

Certificate of fitness

6.17B  

Certificate

7.03A  

Student Appearance Consent Form

7.06(3)A  

Application for affidavit of transferee

7.06(3)B  

Application for call of affidavit

7.06(3)(C)  

Notice of application for certificate of fitness

9.19A  

Appeal to the benchers the Law Society of Newfoundland

10.04A  

Transaction Levy Summary Form

11.03A  

Application for Licence as a Professional Law Corporation

11.03B  

Certified Statement of Disclosure

13.04A  

Application for Compensation

   

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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.

     

© 2013 The Law Society Of Newfoundland & Labrador