Code of Professional Conduct

Nova Scotia’s lawyers are expected to conduct themselves and their law practices ethically. The Code of Professional Conduct creates the standards of conduct for Nova Scotia lawyers.

Approved by Council September 23, 2011

Chapter 1 – Interpretations & Definitions

• 1.1 Definitions

Chapter 2 – Standards of the Legal Profession

• 2.1 Integrity

Chapter 3 – Relationship to Clients

• 3.1 Competence
  • Definitions
  • Competence
• 3.2 Quality of Service
  • Quality of Service
  • Limited Scope Retainers
  • Honesty and Candour
  • Language Rights
  • When the Client is an Organization
  • Encouraging Compromise or Settlement
  • Threatening Criminal or Regulatory Proceedings
  • Inducement for Withdrawal of Criminal or Regulatory Proceedings
  • Dishonesty, Fraud by Client or others
  • Dishonesty, Fraud when Client an Organization
  • Clients with Diminished Capacity
• 3.3 Confidentiality
  • Confidential Information
  • Use of Confidential Information
  • Future Harm / Public Safety Exception
• 3.4  Conflicts
  • Duty to Avoid Conflicts of Interest
  • Consent
  • Short-term Summary Legal Services
  • Dispute
  • Concurrent Representation with protection of confidential client information
  • Joint Retainers
  • Acting Against Former Clients
  • Acting for Borrower and Lender
  • Conflicts from Transfer Between Law Firms
  • Law Firm Disqualification
  • Transferring Lawyer Disqualification
  • Lawyer Due Diligence for non-lawyer staff
  • Doing Business with a Client
  • Transactions with Clients
  • Borrowing from Clients
  • Lending to Clients
  • Guarantees by a Lawyer
  • Payment for Legal Services
  • Gifts and Testamentary Instruments
  • Judicial Interim Release
• 3.5 Preservation of Client’s Property
  • Preservation of Client’s Property
  • Notification of Receipt of Property
  • Identifying Client’s Property
  • Accounting and Delivery
• 3.6 Fees and Disbursements
  • Reasonable Fees and Disbursements
  • Contingent Fees and Contingent Fee Agreements
  • Statement of Account
  • Joint Retainer
  • Division of Fees and Referral Fees
  • Exception for Interjurisdictional Law Firms
  • Payment and Appropriation of Funds
• 3.7 Withdrawl From Representation
  • Withdrawal from Representation
  • Optional Withdrawal
  • Non-payment of Fees
  • Withdrawal from Criminal Proceedings
  • Obligatory Withdrawal
  • Leaving a Law Firm
  • Manner of Withdrawal
  • Duty of Successor Lawyer

Chapter 4 – Marketing of Legal Services

• 4.1 Making Legal Services Available
  • Making Legal Services Available
  • Restrictions
• 4.2 Marketing
  • Marketing of Professional Services
  • Advertising of Fees
• 4.3 Advertising Nature of Practice

Chapter 5 – Relationship to the Administration of Justice

• 5.1 The Lawyer as Advocate
  • Advocacy
  • Incriminating Physical Evidence
  • Duty as Prosecutor
  • Disclosure of Error or Omission
  • Courtesy
  • Undertakings
  • Agreement on Guilty Plea
• 5.2 The Lawyer as Witness
  • Submission of Evidence
  • Appeals
• 5.3 Interviewing Witnesses
  • Interviewing Witnesses
• 5.4 Communicating with Witnesses
  • Potential and expert witnesses
  • Conduct during Witness Preparation and Testimony
  • No Obstruction
• 5.5 Relations with Jurors
  • Communications before Trial
  • Disclosure of Information
  • Communication During Trial
• 5.6 The Lawyer and the Administration of Justice
  • Encouraging Respect for the Administration of Justice
  • Seeking Legislative or Administrative Changes
  • Security of Court Facilities
• 5.7 Lawyers and Mediators
  • Role of Mediator

Chapter 6 – Relationship to Students, Employees and Others

• 6.1 Supervision
  • Direct Supervision Required
  • Application
  • Delegation
  • Suspended or Disbarred Lawyers
  • Electronic Registration of Documents
• 6.2 Students
  • Recruitment and Engagement Procedures
  • Duties of Principal
  • Duties of Articled Clerk
• 6.3 Equality, Harassment and Discrimination

Chapter 7 – Relationship to the Society and Other Lawyers

• 7.1 Relationship to the Society and the Profession Generally
  • Communications from the Society
  • Meeting Financial Obligations
  • Duty to Report
  • Encouraging Client to Report Dishonest Conduct
• 7.2 Responsibility to Lawyers and Others
  • Courtesy and Good Faith
  • Communications
  • Inadvertent Communications
  • Undertakings and Trust Conditions
• 7.3 Outside Interests and the Practice of Law
  • Maintaining Professional Integrity and Judgment
• 7.4 The Lawyer in Public Office
  • Standard of Conduct
• 7.5 Public Appearances and Public Statements
  • Communication with the Public
  • Interference with Right to Fair Trial or Hearing
• 7.6 Preventing Unauthorized Practice
  • Preventing Unauthorized Practice
• 7.7 Retired Judges Returning to Practice
• 7.8 Errors and Omissions
  • Informing Client of Errors or Omissions
  • Notice of Claim
  • Co-operation
  • Responding to Client’s Claim