The Nova Scotia Barristers’ Society regulates lawyers practising in Nova Scotia, including practising members as well as lawyers from other jurisdictions who practise here temporarily. The Society maintains ethical standards as set out in the Code of Professional Conduct.
The Code came into effect on January 1, 2012 and replaced the Legal Ethics Handbook, which guided lawyers in the province since 1990. While the format of the Code is quite different from the Handbook, the ethical obligations remain much the same.
If a lawyer breaches the Society’s ethical rules, the lawyer can be subject to a complaint, investigation and disciplinary action, or a referral to the Fitness to Practise program. The role of the Complaints Investigation Committee is to investigate complaints against lawyers and work to resolve them, or direct the Executive Director to lay a formal charge against the lawyers. A panel of the Hearing Committee will hear the charges and evidence and may take steps to sanction the member – up to and including disbarment.
Professional Responsibility staff deal with the initial intake of complaints and work with various committees to resolve issues and support the work of those committees.
Notices of upcoming public hearings are posted on the website, at least seven days prior to a hearing. Decisions and dispositions on the merits are posted within 60 days of completion of the hearing.
The Society also ensures that lawyers comply with practice standards and guidelines. The new Fitness to Practise Program was recently introduced, as well as a number of other resources to assist lawyers who are subject to the complaint process.
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