Duty to Report
Accrediting articling clerks and lawyers through a rigorous admissions and licensing process;
Establishing ethical standards through our Code of Professional Conduct;
Ensuring the professional responsibility of lawyers, including by receiving and investigating complaints concerning lawyers’ quality of service and allegations of professional misconduct;
Setting practice standards and competency requirements for lawyers;
Striving to improve the administration of justice – we work with the Courts, government departments and justice system participants and facilitate dialogue and cooperation to help improve all aspects of the justice system for Nova Scotians.
Duty to report offences, bankruptcies or judgments
Regulation 4.2.8 of the Legal Profession Act requires that a member report to the Society judgments, proposals to creditors, assignments in bankruptcy and situations where an order for costs is made against a member personally. Refer to the Policy on reporting bankruptcies and judgments and the Policy respecting Co-signers.
Regulation 4.2.8 also requires, among other things, that a member report any matter where the member has been charged with, pled guilty to or been found guilty of an offence under such legislation as the Criminal Code (Canada), or has been charged with and/or found guilty of any disciplinary offence by another jurisdiction.
Duty to report misconduct
Rule 7.1-3 of the Code of Professional Conduct requires that a member report to the Society serious violations of the rules of ethics, including misappropriation of trust funds, abandonment of a law practice, and conduct that raises a substantial question as to another lawyer’s honesty, trustworthiness or competence as a lawyer. It is often the case that such conduct may lead to more serious violations and harm to the public in the future.
It is critical to public protection, the effective administration of justice and the reputation of the legal profession that concerns about any such serious misconduct are brought to the Society’s attention immediately for investigation. Early intervention permits the Society to investigate concerns, provide support to a lawyer where appropriate, or take steps to protect the public as soon as possible.