Chapter 1 – Interpretations & Definitions

1.1 Definitions

1.1-1 In this Code, unless the context indicates otherwise,

  1. “associate”includes:
    1. a lawyer who practises law in a law firm through an employment or other contractual relationship; and
    2. a non-lawyer employee of a multi-discipline practice providing services that support or supplement the practice of law;
  2. “client”means a person who:
    1. consults a lawyer and on whose behalf the lawyer renders or agrees to render legal services; or
    2. having consulted the lawyer, reasonably concludes that the lawyer has agreed to render legal services on his or her behalf, and includes a client of the law firm of which the lawyer is a partner or associate, whether or not the lawyer handles the client’s work.

    Commentary

    1. A lawyer-client relationship may be established without formality.
    2. When an individual consults a lawyer in a representative capacity, the client is the corporation, partnership, organization, or other legal entity that the individual is representing;
    3. For greater clarity, a client does not include a near-client, such as an affiliated entity, director, shareholder, employee or family member, unless there is objective evidence to demonstrate that such an individual had a reasonable expectation that a lawyer-client relationship would be established.

  3. “conflict of interest” means the existence of a substantial risk that a lawyer’s loyalty to or representation of a client would be materially and adversely affected by the lawyer’s own interest or the lawyer’s duties to another client, a former client, or a third person.
  4. “consent”means fully informed and voluntary consent after disclosure
    1. in writing, provided that, if more than one person consents, each signs the same or a separate document recording the consent; or
    2. orally, provided that each person consenting receives a separate written communication recording the consent as soon as practicable;
  5. “law firm” includes one or more lawyers practising:
    1. in a sole proprietorship;
    2. in a partnership;
    3. as a clinic under the Legal Aid Act;
    4. in a government, a Crown corporation or any other public body; or
    5. in a corporation or other organization;
  6. “lawyer”means a member of the Society and includes an Articled Clerk enrolled in the Society’s Bar Admission Course;
  7. “limited scope retainer” means the provision of legal services for part, but not all, of a client’s legal matter by agreement with the client;
  8. “Society” means the Nova Scotia Barristers’ Society
  9. “tribunal”includes a court, board, arbitrator, mediator, administrative agency or other body that resolves disputes, regardless of its function or the informality of its procedures;

    Amended May 22, 2015