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St. John's, Newfoundland and Labrador, Canada

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Revised Statutes of Newfoundland 1990


CHAPTER L-9

AN ACT RESPECTING THE LAW SOCIETY OF NEWFOUNDLAND

Analysis

1. Short title

2. Interpretation

PART I
THE LAW SOCIETY

3. Society continued

4. Members

5. Visitors

6. Powers

7. Continuation of benchers

8. Composition of benchers

9. Appointing lay benchers

10. Annual election

11. Entitlement to vote

12. Eligibility

13. How vote held

14. Term of office

15. Annual vacancies

16. When term begins

17. Resignation

18. Qualification too restricted

19. Convocations

20. Powers of benchers

21. Maintenance of insurance fund

22. Treasurer and secretary

23. Duty of treasurer

24. Duty of secretary

25. Annual general meeting

26. Special general meeting

27. Quorum

28. Effect of resolution

29. Roll and register

30. Enrolment and removal

31. Resignation from society

32. Judicial appointments

33. Non-practising members

34. Right to practise as a barrister

35. Enrolment as solicitor

36. Saving

37. Education committee

38. Admission as students

39. Enrolment

40. Appeal

41. Admission of Provincial Court judges

42. Special admissions

PART II
DISCIPLINE OF
MEMBERS

43. Code of legal ethics

44. Discipline committee

45. Complaints against members

46. Effect of filing complaint

47. Hearing

48. Attendance at hearing

49. Failure to attend

50. Powers of discipline committee

51. Benchers' duty

52. Final decisions

53. Members

54. Copy of resolution

55. Notice of action taken

56. Members convicted

57. Expenses of hearing

58. Disbarment and suspension

59. Restoration of rights and privileges

60. Notification of change in status

PART III
CLIENT'S PROPERTY WITH MEMBERS

61. Definitions

62. Appointment of custodian

63. Seizure by sheriff

64. Powers of judge re client's property

65. Notice to public

66. Delivery of property

67. Solicitor's lien

68. Taxation of costs and fees

PART IV
LAW FOUNDATION

69. Foundation established

70. Composition of board

71. Vacating office

72. Objects and powers of board

73. Liability for trust money

74. Duty to maintain trust account

75. Saving

76. Regulations

PART V
GENERAL PROVISIONS

77. Protection

78. Communications

79. Right of audience

80. Recovery of fees

81. Fees for Law Society

82. Annual certificate fee

83. Non-practising member

84. Prohibited activity

85. Prohibition

86. Representation of professional status: prohibition

87. Employment of suspended or disbarred member

88. Outside principals

89. Branch offices

90. Offences

91. Injunction

92. Secretary's certificate

93. Disposition of fines

94. Liability limited

95. Appeal to Trial Division

96. Appeal to Court of Appeal


Short title

1. This Act may be cited as the Law Society Act.

1977 c77 s1

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Interpretation

2. (1) In this Act

(a) "bencher" refers to a member of the governing body of the society and the expression "the benchers" refers to the governing body of the society;

(b) "member" means a person enrolled as a member of the society who has not been suspended or struck off the roll of the society; and a "member in good standing" refers to a member for whom an annual certificate has been issued for the year most current;

(c) "rules" means rules, regulations or by-laws made by the benchers of the society under authority vested in them under this Act;

(d) "secretary" means the secretary of the society;

(e) "society" means the Law Society of Newfoundland; and

(f) "student" means a student-at-law who has bound himself or herself by a written contract, known as "articles", to serve with a practising barrister and solicitor and who has been entered on the register of students of the society.

(2) For the purposes of this Act, a person is actively engaged in the practice of law when he or she practises law for gain or regard for himself or herself, or as a member, associate or employee of a law firm or as a law officer of the Crown.

1977 c77 s2

PART I
THE LAW SOCIETY

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Society continued

3. The Law Society of Newfoundland is continued as a corporation.

1977 c77 s3

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Members

4. All persons whose names are on the roll of the society are members of the society.

1977 c77 s4

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Visitors

5. The judges of the Supreme Court continue to be visitors of the society.

1977 c77 s5

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Powers

6. The society may

(a) borrow money upon the security of the society or otherwise;

(b) invest the funds of the society not required for the immediate use of the society in those investments that are authorized investments for a trustee under the Trustee Act;

(c) print and publish and sell or distribute reports of decisions of courts and tribunals and other material or information that the benchers may determine;

(d) establish and support, or help in the establishment and support of libraries, at the places that the benchers think necessary;

(e) establish and support, or help in the establishment and support of, a legal referral service for the public of the province;

(f) subscribe, apply or guarantee payment of, money for the advancement of legal education or research, or for objects considered by the benchers beneficial to, or in the interests of, the legal profession or the public;

(g) insure or underwrite its members or a class of members, reinsure its liability with regard to insurance contracts, and generally operate insurance and pension schemes for the benefit of its members or a class of them and for the protection of the public having dealings with its members;

(h) enter into group insurance plans insuring the lives or incomes of its members or a class of them or the employees of its members or a class of them, or insuring risks incurred by members or a class of them that are related to the practice of law;

(i) establish and support, or help the establishment and support of, associations, institutions, funds, trusts and conveniences calculated to benefit its members or a class of them and the employees and former employees of the society and their dependents;

(j) grant pensions and allowances to the employees of the society and their dependents, and make payments to provide pensions and allowances;

(k) enter into arrangements for the establishment of a system for the instruction of students in the law, for the examination of those students and for the imposition of fees for the instruction and examination, and enter into arrangements for the continuing legal education of the members of the society;

(l) enter into arrangements with bodies in Canada to determine the status to be accorded to students in the law courses of the various law schools in Canada or otherwise trained in law elsewhere;

(m) establish and award scholarships and prizes for studies in law;

(n) confer upon suitable persons honourary or life membership in the society subject to the rules that it may prescribe;

(o) take action and incur expenses that the benchers consider expedient for the promotion, protection, interest or welfare of the society, and provide security for the fulfilment of the obligations of the society; and

(p) do those things, that are ancillary or incidental to or necessary for, the furtherance of the objects of the society or the exercise of its powers.

1977 c77 s6; 1986 c8 s1

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Continuation of benchers

7. The benchers of the society continue to be the governing body of the society and shall be styled the "Benchers of the Law Society of Newfoundland".

1977 c77 s7

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Composition of benchers

8. (1) The benchers consist of

(a) elective benchers;

(b) a person who is a bencher by virtue of his or her office;

(c) honourary benchers; and

(d) appointed benchers.

(2) The elective benchers are

(a) 2 members of the society in good standing and practising and resident in the Western District, that is, the area of the province that comprises all that part of the Island of Newfoundland lying west of a line drawn from Robert's Arm in Green Bay to Hermitage Bay;

(b) 1 member of the society in good standing and practising and resident in the Labrador District, that is, the area of the province that comprises all of the mainland portion of the province known as Labrador;

(c) 2 members of the society in good standing and practising and resident in the Central District, that is, the area of the province that comprises all that part of the Island of Newfoundland lying east of a line drawn from Robert's Arm in Green Bay to Hermitage in Hermitage Bay exclusive of the Avalon Peninsula; and

(d) 10 members of the society in good standing and practising and resident in the Eastern District, that is, the area of the province that comprises the Avalon Peninsula.

(3) The persons who are benchers by virtue of their office are:

(a) the Attorney General of the province;

(b) the Solicitor General of the province; and

(c) the Registrar of the Supreme Court.

(4) The honourary benchers are:

(a) members of the society in good standing who have held the office of Attorney General or Solicitor General of Canada;

(b) members of the society in good standing who have held for a period of 12 months or more the office of Attorney General or Solicitor General of the province;

(c) former treasurers of the society; and

(d) retired judges of the Supreme Court.

(5) The appointed benchers are the 2 persons appointed under section 9.

1977 c77 s8; 1988 c54 s15

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Appointing lay benchers

9. (1) There shall be a committee referred to as the appointing committee, composed of

(a) the Chief Justice of the Trial Division, or a judge of the Trial Division designated by him or her, who shall be chairperson of the committee;

(b) the Minister of Justice; and

(c) 2 persons, not being members of the society or persons having a degree in law, to be appointed by the Chief Justice of the Trial Division after consultation with the Minister of Justice,

who shall select and appoint as benchers of the society 2 persons who are not members of the society but who are resident in the province and suitable to represent the point of view of those who may need or use the services of the members of the society.

(2) An appointment as a bencher under subsection (1) is for a term of 4 years but he or she may be reappointed upon the expiration of his or her term.

(3) The appointments of persons under subsection (1) shall be made by the appointing committee before the day set for the election of elective benchers in a year in which an appointment shall be made under that subsection.

(4) Where a person appointed as a bencher under this section dies or is unable or unwilling to fulfil his or her term of office, the appointing committee may appoint another person to fill the vacancy and serve as a bencher for the remainder of the term.

(5) An appointed bencher shall be paid out of the funds of the society those reasonable daily allowances that the benchers may prescribe to defray his or her expenses in attending meetings of the benchers.

1977 c77 s9

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Annual election

10. (1) An election of elective benchers shall be held every year as provided in this Act.

(2) Each member in good standing on the date in each year that may be fixed by the benchers may vote at an election of benchers in that year.

(3) Following May 1 in each year the secretary shall prepare an alphabetical list of the persons entitled under subsection (2) to vote at the election of benchers in that year, referred to as the "voting list".

(4) A member of the society may, at a reasonable time, examine the voting list at the office of the secretary.

(5) Where a person entitled to vote complains in writing to the treasurer before the day on which the election for benchers takes place of the improper inclusion or omission of a name from the voting list, the secretary shall immediately inquire into the complaint and, if it is in his or her opinion well founded, the secretary shall rectify the voting list.

1977 c77 s10

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Entitlement to vote

11. A person whose name is not on the voting list on the day on which the election for benchers takes place is not entitled to vote.

1977 c77 s11

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Eligibility

12. A person is eligible for election as a bencher whose name is on the voting list on the day on which the election for benchers takes place and who

(a) is a member in good standing; and

(b) has been a member in good standing for at least 5 years immediately preceding the election for benchers.

1977 c77 s12

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How vote held

13. (1) Voting for the election of benchers shall be held in the manner provided by the election rules.

(2) The benchers, with the approval of the Minister of Justice, may make regulations governing the election of benchers, which shall be known as the "election rules".

1977 c77 s13; 1986 c30 s4

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Term of office

14. (1) An elective bencher holds office for a term of 3 years but a bencher is eligible for re-election after the expiry of his or her term of office.

(2) Where a bencher holds office for a period of 6 consecutive years the bencher stops being eligible for election as a bencher until the expiration of 12 months from the year in which he or she last held office as a bencher.

1977 c77 s14

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Annual vacancies

15. (1) In each year 4 elective benchers shall cease holding office.

(2) Where in a year there are fewer than 4 benchers whose term of office expires in that year, the benchers shall designate the benchers whose term of office expires in the next following year and those benchers shall by lot determine who among them will retire in order to ensure that 4 elective benchers will cease holding office in that year.

(3) The term of office of those benchers who are determined by lot for retirement under subsection (2) expires in that year.

1977 c77 s15

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When term begins

16. (1) The benchers elected in a year in accordance with the election rules take office following the meeting at which the election takes place and hold office until their successors take office.

(2) A person against whose election a petition has been filed as provided by the election rules may not take office until the benchers declare that he or she has been elected.

1977 c77 s16

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Resignation

17. (1) An elective member may resign the office of bencher by written notice of resignation to the society.

(2) Where an elective bencher fails to attend 3 successive regular meetings of the benchers, he or she then ceases being a bencher unless he or she has been given leave of absence by resolution of the benchers or unless his or her failure to attend is excused by resolution of the benchers.

(3) Where

(a) there is a vacancy caused by the death or resignation of an elective bencher;

(b) there is a failure to elect the number of benchers required under this Act; or

(c) there is a vacancy resulting from another cause,

the remaining benchers shall with all convenient expediency appoint a person who has been entitled to practise in the province for at least 5 years to fill the vacancy until the next election for benchers.

(4) A person elected as a bencher because of a vacancy described in subsection (3) holds office until the term of the bencher whom he or she replaces would have expired in the normal course under sections 15 and 16.

1977 c77 s17

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Qualification too restricted

18. Notwithstanding paragraph 12(b), where in the Labrador District, Western District or Central District, as described in subsection 8(2), there are not as many members of 5 or more years standing willing to serve as benchers as there are vacancies to be filled from that district, then there may be elected or appointed benchers from that district who have been members of the society in good standing for less than 5 years.

1977 c77 s18; 1988 c54 s15

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Convocations

19. (1) Regular meetings of the benchers, which may be called "convocations", shall be held at those places and times that the benchers determine but at least 5 meetings shall be held in each year.

(2) Five elective benchers constitute a quorum of the benchers.

(3) Special meetings of the benchers may be called

(a) by the treasurer;

(b) by the secretary in the absence or inability of the treasurer to call a meeting; or

(c) by 2 elective benchers in the absence or inability or refusal of the treasurer or secretary to call a meeting.

1977 c77 s19

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Powers of benchers

20. The benchers may exercise in the name and on behalf of the society the powers, privileges and rights of the society under this or another Act and in particular the benchers may

(a) govern the society and administer its affairs and make by-laws, rules and regulations for the exercise and carrying out of the powers, authorities, rights, privileges and duties of the society and the benchers under this or another Act, including the payment of reasonable remuneration to all or a class of benchers;

(b) enter into a contract that the society may enter into;

(c) provide for the regulation and conduct of the meetings and proceedings of convocation or other meetings of the benchers;

(d) appoint or provide for the appointment of committees and confer upon them power and authority to act for the benchers in respect of those matters that they may consider expedient and fix the quorum for the committees;

(e) appoint or provide for the appointment of those delegates or representatives of the society, that the benchers may consider expedient, to appear on behalf of and represent the society at a meeting or conference and authorize the expenses of the attendance;

(f) appoint editors and reporters of judicial decisions, and those employees of the society that the benchers may consider necessary and prescribe their duties and fix their remuneration;

(g) regulate the printing and publishing of the reports of judicial decisions and their distribution;

(h) prescribe the educational, moral and other qualifications, and the examinations for admission of persons as students, and as solicitors and for call to the bar;

(i) authorize the granting of permission to a member in good standing of the bar of another province to appear as counsel in a court in this province in a particular cause or matter and prescribe the terms and conditions upon which he or she may so appear;

(j) regulate the call of persons to the bar and their enrolment as barristers and regulate the admission and enrolment of solicitors;

(k) provide for moving members to the non-practising list and prescribe rules governing non-practising members and their reinstatement to the active list of members in good standing;

(l) regulate the admission of persons as students and their service under articles, education, training, and examination, and the registration, filing, and assignment, of articles of service;

(m) fix the fees to be paid to the society for admission of persons as students and solicitors, and for call to the bar;

(n) fix the fees to be paid to the society annually by members and non-practising members and the time for payment of the fees;

(o) suspend from practice or strike off the rolls of the society a member for non-payment of fees to the society, or for non-payment of an assessment levied under subsection 21(1) and prescribe the terms upon which a member may be reinstated;

(p) exercise disciplinary jurisdiction over members and students including

(i) the suggesting of fees or charges to be made by members, and

(ii) authorizing the manner in which members may advertise their services without being unethical;

(q) require members to open and keep trust accounts for client's money at banks or other institutions authorized to receive deposits;

(r) require members to keep those accounts and records that the benchers may prescribe as to money and property received, held, paid, or delivered for, or on account of, clients or other persons in the conduct of their practice, and to produce on demand those accounts and records to a person appointed by the benchers or by a committee of them;

(s) require members, as a condition precedent to their being entitled to obtain certificates entitling them to practise their profession, to provide to the secretary a certificate of a chartered accountant, certified public accountant, or accredited public accountant, or of a person approved by the discipline committee of the benchers, in the form prescribed by the benchers, as to compliance by members with the rules of the society respecting accounts;

(t) suspend from practice or strike off the rolls of the society a member who fails to provide to the secretary, within the time required by the benchers, a certificate required under paragraph (s);

(u) provide for inquiries or investigations by the benchers or a committee of them, or another person, for the purpose of ascertaining whether the rules of the society have been or are being complied with;

(v) provide for inquiries or investigations and hearings by the benchers, or a committee of them, of a charge or complaint of professional misconduct or conduct unbecoming a barrister, solicitor, or student;

(w) require a member to pay to the society the cost of an inspection or audit of his or her books and accounts where the rules of the society in relation to the books and accounts, or in relation to the opening and keeping of trust accounts for clients' money at banks, or other institutions and authorized to receive deposits, have not been complied with;

(x) prescribe the consequences of non-observance of the rules, including a code of legal ethics established or adopted by the rules, and in what cases the non-observance by a member or student will amount to professional misconduct;

(y) prescribe the consequences of non-payment of a fine or costs and expenses imposed on or ordered to be paid by a member or student; and

(z) authorize a committee of the benchers to exercise and carry out the powers, authorities, rights, privileges and duties conferred or imposed upon the benchers by this Act.

1977 c77 s20

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Maintenance of insurance fund

21. (1) The benchers may maintain and augment by the levy of an annual assessment of the amount that may be fixed by them on the members of the society entitled to practise in the province, a special fund for the purpose of reimbursement in whole or in part of persons sustaining monetary loss because of the misappropriation or conversion by a member of the society practising in the province, of money or other property entrusted to or received by the member in his or her professional capacity.

(2) The benchers may administer the special fund and for that purpose may make those rules that they consider necessary.

(3) The special fund shall be deposited in an account in a chartered bank or loan or trust company separate and apart from all other funds of the society and is the property of the society.

(4) The special fund and the proceeds from it may be invested in investments described in paragraph 6(b) in the manner that the benchers may prescribe and the special fund is not subject to a trust.

(5) The benchers shall, not later than 1 month before the date of the annual election of benchers, prepare a report as to the special fund and all disposition of it made during the last preceding calendar year.

1977 c77 s21

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Treasurer and secretary

22. (1) The benchers shall, from among the elective benchers, appoint 2 officers of the society, namely,

(a) the treasurer, who shall be the chief executive officer of the society and its presiding officer and who may be styled as president of the society as an alternate title; and

(b) the secretary of the society, who may be styled the vice-president of the society as an alternate title.

(2) The treasurer and secretary shall be appointed by the benchers by a special meeting to be held immediately after the meeting at which the yearly election of benchers was held.

(3) The treasurer and secretary hold office until the end of the next meeting at which the yearly election of benchers is held.

(4) When the treasurer is absent or unable to act, the secretary shall act as treasurer; and when the secretary is absent or unable to act the treasurer shall appoint 1 of the elective benchers to act as secretary.

(5) When both the treasurer and secretary are absent and unable to act, the benchers shall appoint from among the elective benchers persons to act as treasurer and secretary.

1977 c77 s22

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Duty of treasurer

23. The treasurer has general supervision of the affairs of the society and shall perform other duties that may be assigned to him or her by the benchers.

1977 c77 s23

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Duty of secretary

24. (1) The secretary shall keep the minutes of all meetings of the benchers and of the society and shall perform other duties that may be assigned to him or her by the benchers.

(2) The benchers may delegate those duties of the secretary that they may consider necessary or desirable to a bencher or an employee of the society.

1977 c77 s24

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Annual general meeting

25. (1) There shall be an annual general meeting of the society in each year to be held in the month of June at the place and time that the benchers may determine.

(2) At each annual general meeting the treasurer shall report the general condition of the society and its affairs and may bring before the members for consideration and discussion those matters and subjects that the benchers think necessary for the promotion of the general interests of the legal profession and the improvement of the laws of the province.

(3) At least 30 days before an annual general meeting the secretary shall mail to each member of the society in good standing a notice of the meeting and a statement of the financial position of the society during the previous financial year of the society.

1977 c77 s25

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Special general meeting

26. (1) A special general meeting of the society shall be called by the secretary when required to do so by a written request from 10 or more members in good standing who wish a meeting to be called for an object for which the general interest of the society may demand the meeting.

(2) A special general meeting of the society shall be called by the secretary when the benchers so direct.

(3) At least 10 days before a special general meeting, the secretary shall mail to each member of the society in good standing a notice of the meeting which shall express the object of the meeting.

(4) Where the secretary fails to call a meeting under subsection (1) or (2), the treasurer or the petitioners may call the meeting.

1977 c77 s26

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Quorum

27. Ten members of the society in good standing constitute a quorum for an annual general or a special meeting of the society.

1977 c77 s27

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Effect of resolution

28. A resolution passed at an annual general meeting or a special general meeting of the society shall be considered by the benchers at their next meeting but it is not binding on the benchers.

1977 c77 s28

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Roll and register

29. (1) The secretary shall keep a record, in books or other form, to be called the roll of the society, in the manner that the rules may prescribe.

(2) The secretary shall keep a record, in books or other form, respecting persons admitted to the society as students, which shall be known as the Register of Students.

(3) The roll and register shall be held in the secretary's office and shall be open to inspection by a person when the office is open.

1977 c77 s29

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Enrolment and removal

30. (1) A person becomes enrolled as a member of the society when a memorandum of his or her enrolment is entered in the roll.

(2) When the secretary has received notice from the chairperson of the education committee that it has approved the enrolment of a person under section 39 or when the benchers have approved the enrolment of a person under section 41 or 42 and the prescribed fees have been paid, the secretary shall issue a certificate directed to the Registrar of the Supreme Court that the person is entitled to be enrolled in the society.

(3) A memorandum entered in the roll shall indicate the date of its entry and be authorized by the secretary.

(4) A member of the society is suspended when a memorandum of the suspension is entered in the roll and

(a) where the suspension is for a stated period of time, the memorandum shall indicate the duration of the suspension; and

(b) where the suspension is for a reason other than as a penalty for conduct unbecoming a barrister or solicitor, the memorandum shall indicate the reason.

(5) The name of a member of the society is struck off the roll when a memorandum to that effect is entered in the roll.

(6) When a member of the society dies, the secretary shall enter a memorandum of that fact in the roll.

1977 c77 s30

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Resignation from society

31. (1) A member of the society may not resign from the society unless his or her resignation is submitted to and approved by the benchers.

(2) Where the resignation of a member of the society is approved, the member's name shall be struck off the roll by entering a memorandum of his or her resignation in the roll.

1977 c77 s31

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Judicial appointments

32. (1) When a member of the society becomes a judge of a court established by the Parliament of Canada or by the Legislature of this or another province, his or her name shall be struck off the roll by entering a memorandum of that fact in the roll.

(2) Notwithstanding subsection (1), a Provincial Court judge who is otherwise eligible for enrolment under section 41 may be so enrolled and upon the enrolment his or her name shall be struck off the roll in accordance with subsection (1).

1977 c77 s32; 1982 c28 s1

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Non-practising members

33. (1) A member of the society may file with the secretary an election to become a non-practising member and a memorandum to that effect shall be entered in the roll.

(2) Subject to the rules that may be made by the benchers, a non-practising member may apply to the secretary to be reinstated as a practising member, and where the application is approved a memorandum of reinstatement shall be entered in the roll.

(3) A member may be suspended by the benchers, in accordance with the rules that the benchers may make

(a) where the principal place of residence of a member is maintained outside the province and the member has not elected to become a non-practising member; or

(b) where the member has not been actively engaged in the practice of law for a continuous period of 5 years or more and has not been a non-practising member throughout that period.

(4) A period during which a person is a member of either of the Houses of Parliament, or of the House of Assembly, or the holder of an office under the Crown that the Lieutenant-Governor in Council may by order designate, shall not be counted for the purpose of paragraph (3)(b) as time during which that person has not been actively engaged in the practice of law in the province, nor for the purposes of paragraph (3)(a) shall that person be considered to have moved his or her principal place of residence out of the province during that period.

1977 c77 s33; 1982 c28 s2

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Right to practise as a barrister

34. (1) A person who has been called to the Bar and on June 28, 1977 is entitled by law to practise in the Supreme Court continues to be entitled to practise in the Crown's courts in the province.

(2) A person who has been enrolled as a solicitor of the Supreme Court of Newfoundland is entitled to be called to the Bar by the benchers, and, subject to this Act and the rules, to practise in the Crown's courts in the province.

1977 c77 s34

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Enrolment as solicitor

35. (1) Subject to this Act and the rules, a person who is entitled to be enrolled in the society may be enrolled as a solicitor of the Supreme Court of Newfoundland.

(2) Upon production to a judge of the Trial Division of a certificate of entitlement to be enrolled in the society issued by the secretary under this Act, the judge shall endorse his or her authorization on the certificate and the Trial Division shall enroll the person named in the certificate as a solicitor of the Supreme Court.

(3) The Registrar of the Supreme Court shall issue, under the seal of the court, a certificate of an enrolment under subsection (1) and the documents upon which an authorization of admission was obtained shall be filed and retained on record in the office of the registrar.

(4) Before enrolment as a solicitor, the person applying shall take and sign the oath or affirmation of allegiance and the following oath or affirmation before a judge of the Trial Division in open court:

"I............................... do swear [affirm] that I will truly and honestly conduct myself in the practice of a solicitor according to the best of my knowledge and ability." (Where an oath is taken, add "So help me God".).

1977 c77 s35

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Saving

36. A person who on June 28, 1977 is entitled to practise as a solicitor of the Supreme Court of Newfoundland continues to be entitled to practise as a solicitor.

1977 c77 s36

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Education committee

37. (1) The evaluation of the academic qualifications of, and the examination of applicants for, enrolment as members of the society or for admission as students, is under the control of an education committee which the benchers shall establish and maintain.

(2) The education committee shall examine into the educational attainments of an applicant for enrolment as a member or for admission as a student and shall prescribe the contents of bar admission examinations.

(3) The education committee may enter into arrangements with another organization in Canada under which that organization in consultation with the society may prescribe the contents of and conduct bar admission examinations under the general supervision of the education committee.

(4) A person who is required to take a bar admission examination by the education committee shall also take a bar admission course.

(5) Notwithstanding anything in this Part, the benchers, when they consider that special circumstances so warrant with respect to a person, may exempt that person from taking a bar admission course or examination or both.

1977 c77 s37

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Admission as students

38. (1) The education committee shall approve the admission of a person as a student where that person proves to its satisfaction and in accordance with the rules that

(a) he or she is of good character and reputation; and

(b) he or she is receiving or has received a degree in law from a university in Canada recognized by the education committee or is receiving or has received a degree in law that, in the opinion of the education committee, is equivalent to the degree of Bachelor of Laws granted by a university in Canada recognized by the education committee.

(2) The education committee shall approve the admission of a person as a student where that person proves to its satisfaction and in accordance with the rules that the person

(a) is of good character and reputation;

(b) has received a degree in law from a university in Canada recognized by the education committee or has received a degree in law that, in the opinion of the education committee, is equivalent to a degree in law granted by a university in Canada recognized by the education committee;

(c) is enrolled as a barrister or solicitor in another province; and

(d) has not been actively engaged in the practice of law in a province for a period totalling at least 3 years in the 5 year period immediately preceding his or her application for enrolment,

and the education committee shall prescribe the period of articles, not exceeding 1 year, to be served by that person.

(3) The education committee shall approve the admission of a person as a student where the person proves to its satisfaction and in accordance with the rules that

(a) he or she is of good character and reputation;

(b) either

(i) he or she has received a degree in law from a university recognized by the education committee that, in the opinion of the education committee, is equivalent to a degree in law granted by a university in Canada recognized by the education committee, or

(ii) he or she was a legal education student in the United Kingdom and is the holder of qualifications equivalent, in the opinion of the education committee, to a degree in law granted by a university in Canada recognized by the education committee; and

(c) unless the person is resident in a province, he or she has been actively engaged in the practice of law in the jurisdiction mentioned in subparagraph (b)(ii) for a period totalling at least 3 years in the 5 year period immediately preceding his or her application for enrolment,

and the education committee shall prescribe the period of articles, not exceeding 1 year, to be served by that person.

1977 c77 s38; 1978 c35 s13; 1982 c28 s3

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Enrolment

39. (1) The education committee shall approve the enrolment of a person admitted as a student under subsection 38(1) where he or she proves to its satisfaction and in accordance with the rules that the person

(a) is a Canadian citizen resident in the province;

(b) is 19 years of age or over;

(c) has served under articles for a continuous period of at least 1 year or, with the approval of the benchers, for periods totalling at least 1 year;

(d) has passed a bar admission examination; and

(e) has passed a special examination that the education committee may require him or her to take, where his or her degree in law was not granted by a university in Canada recognized by the education committee.

(2) The education committee shall approve the enrolment of a person admitted as a student under subsection 38(2) where the person proves to its satisfaction and in accordance with the rules that he or she

(a) is a Canadian citizen resident in the province;

(b) is 19 years of age or over;

(c) has served under articles for the period prescribed by the education committee;

(d) has passed a bar admission examination; and

(e) has passed a special examination that the education committee may require the person to take, where the degree in law was not from a university recognized by the education committee.

(3) The education committee shall approve the enrolment of a person admitted as a student under subsection 38(3), where the person proves to its satisfaction and in accordance with the rules that he or she

(a) is a Canadian citizen, or landed immigrant within the meaning of the Immigration Act (Canada) who has not become a Canadian citizen as a result of circumstances beyond his or her control or other good reason, who is domiciled and resident in the province;

(b) has passed a bar admission examination;

(c) has passed special examinations that the education committee may require him or her to take; and

(d) has served under articles for the term prescribed by the education committee.

(4) The education committee may in a case under subsection (3) waive the requirement for service under articles and approve the enrolment of a person as a member of the society where the person proves to its satisfaction and in accordance with the rules that he or she has complied with all the requirements of subsection 38(3) and subsection (3) of this section other than the requirement to serve under articles.

(5) The education committee shall approve the enrolment of a person as a member of the society where the person proves to its satisfaction and in accordance with the rules that he or she

(a) is a Canadian citizen domiciled and resident in the province;

(b) is of good character and reputation;

(c) is enrolled as a barrister or solicitor in a province of Canada;

(d) has been actively engaged in the practice of law in Canada for a period totalling at least 3 years and occurring in the 5 year period immediately preceding his or her application for enrolment;

(e) has passed a bar admission examination; and

(f) has passed special examinations that the education committee may require him or her to take, where the person is not the holder of a degree in law granted by a university in Canada recognized by the education committee.

1977 c77 s39; 1978 c35 s13; 1982 c28 s4

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Appeal

40. (1) A person affected by a decision of the education committee may appeal to the benchers who may confirm the decision or direct the education committee to vary or reverse it.

(2) Before making a decision on a matter the education committee may refer the matters to the benchers who shall direct the committee as to the decision to be made.

1977 c77 s40

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Admission of Provincial Court judges

41. The benchers shall, by resolution, approve the enrolment of a Provincial Court judge where the judge proves in accordance with the rules that he or she

(a) has completed 3 years of service as a Provincial Court judge in the province and has received a degree in law from a university in Canada recognized by the education committee;

(b) has served under articles for a period of at least 3 months before, during or after his or her period of service as a Provincial Court judge;

(c) has passed examinations approved by the education committee in procedure and the statutes of the province;

(d) has completed the society's requirements respecting a bar admission course; and

(e) is otherwise eligible for enrolment as a member.

1977 c77 s41; 1979 c38 s7; 1982 c28 s5

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Special admissions

42. (1) Subject to the rules, the benchers may, by resolution, approve the courtesy enrolment of a person as a member of the society who proves to its satisfaction that he or she

(a) is a Canadian citizen resident in Canada;

(b) is of good character and reputation; and

(c) is enrolled as a barrister and solicitor in a province in Canada where the governing body of its bar extends similar or reciprocal courtesy to members of the society and he or she has been actively engaged in the practice of law for a period totalling at least 5 years in the 7 year period immediately preceding his or her application for enrolment.

(2) A person enrolled as a member of the society under an approval given under this section may, subject to the rules, act as barrister or solicitor in civil or criminal proceedings in the province and in matters in connection with or incidental to them, but the person shall not carry on a general practice in the province as a barrister or solicitor until he or she has proved to the satisfaction of the education committee and in accordance with the rules that he or she has passed a bar examination and a special examination that the education committee may require the person to take.

1977 c77 s42

PART II
DISCIPLINE OF MEMBERS

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Code of legal ethics

43. The right to practise as a barrister and solicitor in the Crown's courts in this province or to be a student-at-law is subject to a member's adherence to the code of legal ethics that the benchers may by rule establish or adopt.

1977 c77 s43

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Discipline committee

44. (1) The benchers shall appoint a discipline committee consisting of not less than 3 nor more than 25 members and shall appoint a chairperson and vice-chairperson and the vice-chairperson shall act for and has the powers of the chairperson where the chairperson is unable to act.

(2) For the purpose of dealing with complaints referred to the discipline committee the chairperson may

(a) choose from the discipline committee a panel to consist of not less than 3 members, 1 of whom he or she shall appoint to be chairperson of the panel; and

(b) refer the complaint to the panel,

and a panel has the powers and duties of the committee.

(3) Where a panel has been referred a complaint, the panel shall report in writing its findings and recommendations and the reasons for them, and the report of 2 members of the panel shall be considered to be the report of the panel.

(4) A report of a panel is considered to be the report of the discipline committee to the benchers referred to in section 51(1) and the chairperson of the discipline committee shall forward it to the benchers.

(5) The chairperson of the discipline committee may direct panels to sit separately, whether or not concurrently, as he or she may consider necessary.

1982 c28 s6; 1986 c8 s2

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Complaints against members

45. (1) A complaint made against a member or student charging him or her with professional misconduct, conduct unbecoming a member or student or failing to adhere to the code of legal ethics established or adopted by the benchers, shall be in writing and signed by the complainant or his or her solicitor, or by the secretary, and filed with the secretary.

(2) In this Part, the person making the complaint is called the "complainant" and the person against whom the complaint is made is called the "respondent".

(3) A report to the society in respect of a member under subsection 66(2) of the Legal Aid Act shall be dealt with by the secretary as a complaint charging that member with professional misconduct, irrespective of a disciplinary action taken against that member by the Newfoundland Legal Aid Commission under that Act.

1977 c77 s45

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Effect of filing complaint

46. (1) The secretary may deal with a complaint filed with him or her by obtaining further particulars or making those inquiries that in his or her opinion the complaint requires, and the matter shall be submitted to the benchers at their next meeting or at a special meeting of benchers called to consider the complaint.

(2) Where the benchers are of the opinion that a presumptive case has been shown, the complaint shall be referred to the discipline committee for investigation and hearing.

1977 c77 s46

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Hearing

47. (1) The oral evidence submitted at a hearing before the discipline committee shall be taken down in writing or by another method authorized by law.

(2) The rules of evidence applicable in civil proceedings are applicable at a hearing and, in addition, an affidavit or statutory declaration of a person is admissible in evidence.

1977 c77 s47

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Attendance at hearing

48. (1) The discipline committee may, and upon application of the complainant or the respondent shall, issue a subpoena

(a) commanding the attendance and examination of a person as a witness, and the production of a document or thing, before the discipline committee at the time and place mentioned in the subpoena; and

(b) stating that failure to obey the subpoena will make the person liable to imprisonment on an application to a judge of the Trial Division.

(2) A person whose attendance is commanded under subsection (1) is entitled to the same conduct money and payment for expenses and loss of time as a witness at a trial in the Supreme Court.

(3) The discipline committee has the same power to enforce attendance of witnesses and to compel them to give evidence that is vested in a court of law in civil cases.

(4) A member of the discipline committee may for the purposes of this Part administer oaths and take affirmations.

(5) Witness fees shall be included in the costs payable and shall be paid by the party bearing the costs and expenses of the hearing.

1977 c77 s48

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Failure to attend

49. (1) Where, in respect of a hearing by the discipline committee under this Part

(a) a person who has been summoned to appear as a witness does not attend;

(b) a person who is in attendance as a witness refuses to take the oath or affirmation,

(i) to produce a document or thing in his or her power or control and required to be produced by him or her, or

(ii) to answer a question that he or she is legally required to answer; or

(c) a person does another thing that, if the discipline committee were a court of law having power to commit for contempt, would be contempt of that court,

the chairperson of the discipline committee may certify the offence of that person to the Trial Division and the Trial Division may require that person to show cause why he or she should not be committed for contempt.

(2) The Trial Division, after hearing submissions that may be offered in defence by the person required to show cause under subsection (1), where satisfied that the person has been guilty of contempt, may punish or take steps for the punishment of that person as if he or she had been guilty of contempt of the Supreme Court.

1977 c77 s49

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Powers of discipline committee

50. The discipline committee has the powers, privileges and immunities that are or may be conferred on commissioners appointed under the Public Inquiries Act.

1977 c77 s50

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Bencher's duty

51. (1) The discipline committee shall, upon an investigation and hearing, report in writing to the benchers its findings, recommendations and reasons.

(2) Upon receipt of a report of the discipline committee, the benchers shall review the proceedings and evidence taken by the discipline committee and may

(a) accept and adopt a finding of fact reported by the discipline committee;

(b) hear further evidence and make their findings of fact; or

(c) refer the matter back to the discipline committee for further consideration, and for further hearing where necessary, as to the whole or a specific part of the matter.

(3) Where a matter is referred back to a discipline committee under paragraph (2)(c), sections 46 to 49 apply, with the necessary changes, to a further hearing.

1977 c77 s51

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Final decisions

52. (1) Upon the final consideration of the matter of a complaint, the benchers shall decide whether or not the respondent is guilty

(a) of a violation of a principle contained in a code of ethics established or adopted by the benchers; or

(b) of professional misconduct or of conduct unbecoming a member or student.

(2) Where the benchers decide that the respondent is not guilty they shall exonerate him or her and dismiss the complaint.

(3) Where the benchers decide that the respondent is guilty, they may, by resolution passed by at least 2/3 of the benchers present, take 1 or more of the following disciplinary actions:

(a) in the case of a member

(i) reprimand him or her,

(ii) order that the member be suspended for the time that they may consider appropriate,

(iii) order that the member be disbarred,

(iv) impose a fine not to exceed the sum of $5,000, or

(v) make another order, either on terms or otherwise, that they consider appropriate; and

(b) in the case of a student

(i) reprimand him or her,

(ii) strike the student's name from the roll of students,

(iii) refuse the student admission to usual examinations or refuse to grant him or her the certificate of fitness necessary for admission to practise, either absolutely or for the period of time that they consider appropriate,

(iv) impose a fine not to exceed $500, or

(v) make another order, either on terms or otherwise, that they consider appropriate.

(4) Fines payable under this section shall be paid to and become the property of the society.

1977 c77 s52

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Members

53. The fact that a bencher is a member of the discipline committee does not prevent his or her sitting and voting as a bencher upon the consideration of the discipline committee's report.

1977 c77 s53

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Copy of resolution

54. A copy of a resolution referred to in section 52 shall immediately be served upon the respondent either personally or by leaving the copy at the respondent's office or home or by sending it by registered mail to his or her office or home.

1977 c77 s54

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Notice of action taken

55. In a case of disbarment, suspension or cessation of membership, the secretary shall, unless the benchers otherwise direct, notify the Registrar of the Supreme Court, the Provincial Court judges and the Registrar of Deeds, Companies and Securities, of the action taken.

1977 c77 s55; 1979 c38 s7; 1986 c42 Sch B

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Members convicted

56. Where a member or student is convicted of an indictable offence, the benchers may proceed as if a complaint under section 44 had been received.

1977 c77 s56

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Expenses of hearing

57. (1) The benchers may order that a person against whom disciplinary action has been taken under this Part shall pay the expense, or part of the expense, incurred by the society in the investigation or hearing of a complaint in respect of which he or she has been found guilty.

(2) Where the disciplinary proceedings against a member or student are dismissed, the benchers may order that those costs that they consider appropriate be paid by the complainant or the society to the member or student.

1977 c77 s57

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Disbarment and suspension

58. (1) Where a member is disbarred or a student is struck off the roll, his or her rights and privileges as a member or student cease.

(2) Where a member or student is suspended his or her rights and privileges as a member or student cease for the period of suspension.

1977 c77 s58

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Restoration of rights and privileges

59. Where a member or student has been disbarred, struck off the roll or suspended he or she may apply to have the rights and privileges restored; and the benchers, after the inquiry that they consider appropriate, may restore his or her rights and privileges as a member or student subject to the terms and conditions that they consider appropriate.

1977 c77 s59

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Notification of change in status

60. Notice of enrolment and of a disbarment, suspension, resignation or other change in the status of a member in the society shall be given immediately by the secretary to the Registrar of the Supreme Court who shall keep a record of the change.

1977 c77 s60

PART III
CLIENT'S PROPERTY WITH MEMBERS

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Definitions

61. In this Part

(a) "client's property" means property in the custody of an inactive member or someone on his or her behalf for or on behalf of a client or of another person, in the course of his or her practice as a barrister or solicitor;

(b) "custodian" means the member of the society appointed under section 62;

(c) "depository" means a bank, trust company, or person holding by deposit or otherwise money, trust funds or assets relating to the practice of a member of the society as a barrister or solicitor; and

(d) "inactive member" means a member or former member of the society

(i) who has no law partners and who has been disbarred or has otherwise stopped being a member, or has been suspended, or is, by reason of physical or mental illness or for another reason, unable to practise law,

(ii) who has died and who, at the time of his or her death, had no law partners,

(iii) who has absconded or is otherwise improperly absent from his or her place or practice or whose practice has been neglected for an extended period,

(iv) who, there are reasonable grounds for believing, does not hold sufficient trust money to meet his or her trust liabilities, or

(v) in respect of whom sufficient grounds for making an order under section 62 otherwise exist.

1977 c77 s61; 1979 c51 s17

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Appointment of custodian

62. A judge of the Trial Division, upon application by or on behalf of the society or by or on behalf of a person in respect of whom an inactive member holds client's property shall, either unilaterally or on the notice that the judge may require by order, appoint a member of the society as custodian to have custody of the client's property of an inactive member and to manage, arrange for the conduct of, or the winding up of, the legal practice of the inactive member.

1977 c77 s62

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Seizure by sheriff

63. (1) An order under section 62 may direct the sheriff to seize and remove and place in the custody of the custodian the client's property of the inactive member and to that end the order may authorize the sheriff to enter upon premises to open a safety deposit box or other receptacle where there are reasonable grounds for believing that client's property of the inactive member may be found.

(2) Unless otherwise directed by the judge, the order shall be served upon the inactive member or his or her personal representative.

1977 c77 s63

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Powers of judge re client's property

64. A judge of the Trial Division may, in an order under section 62 or by subsequent order made unilaterally or upon the notice that the judge may require

(a) direct a depository of client's property of an inactive member to deal with, pay over or deliver the client's property to the custodian or as the judge may otherwise direct;

(b) remove a custodian appointed by the order and appoint another in his or her place;

(c) give directions and advice to the custodian as to the disposition of the client's property of the inactive member in the hands of the custodian; and

(d) give those directions or make those orders that the nature of the situation requires.

1977 c77 s64

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Notice to public

65. Where client's property of an inactive member has been placed in the custody of a custodian, the secretary or other person that the benchers may designate, shall examine it and the custodian shall, by publication in a newspaper and by other notice that he or she thinks appropriate, inform a client of the inactive member and those other persons that he or she may consider necessary

(a) that the client's property of the inactive member is in the custody of the custodian and that an examination of it indicates that the client or other persons may have an interest in it; and

(b) that the client and the other persons may apply, subject to a solicitor's lien of the inactive member, to the custodian for the delivery to them of the client's property in which they appear to have an interest, or for leave to make copies of documents and papers among the client's property that may require, in respect of transactions or dealings that he or she or they had with the inactive member.

1977 c77 s65

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Delivery of property

66. Where the custodian is satisfied that a person is entitled to property in his or her custody and that no solicitor's lien is claimed or appears to exist, or where the lien is satisfied, he or she may deliver the property to the person claiming it.

1977 c77 s66

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Solicitor's lien

67. (1) Where an inactive member or his or her personal representative claims to be entitled to a solicitor's lien on client's property of the inactive member in the custody of a custodian

(a) he or she may, within 30 days from the service of the order upon him or her, file notice of the claim for lien with the custodian giving full particulars of the claim; and

(b) the custodian shall immediately give notice of the claim for lien to the apparent owner of the client's property upon which a lien is claimed,

and the rights of the parties shall then be determined according to law.

(2) Where an inactive member or his or her personal representative fails to file a claim for lien under subsection (1), a lien that he or she might otherwise be entitled to is extinguished and the custodian may deliver the property to the claimant if otherwise satisfied that it is appropriate to do so.

(3) Notwithstanding anything in this Part, a judge of the Trial Division may summarily determine the validity of a claim to a solicitor's lien.

1977 c77 s67

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Taxation of costs and fees

68. The costs and fee of a party to proceedings under this Part are recoverable against the inactive member or his or her estate and shall be taxed by a taxing master upon the application of the person claiming the costs and fee or of the inactive member or his or her personal representative.

1977 c77 s68

PART IV
LAW FOUNDATION

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Foundation established

69. The "Law Foundation of Newfoundland", called the "foundation", is continued as a corporation.

1977 c77 s69; 1982 c9 s6

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Composition of board

70. (1) The foundation shall be administered by a board of governors, called the "board".

(2) The board shall consist of

(a) the Minister of Justice or his or her appointee;

(b) a person who is not a member of the society or of the benchers who shall be appointed by the Minister of Justice;

(c) 5 members of the society in good standing who shall be appointed by the benchers.

(3) The benchers shall by their instrument of appointment designate 1 of the members of the board appointed by the benchers to be chairperson.

(4) Where a vacancy occurs on the board, the person or body by whom the members whose office is vacant was appointed may appoint an eligible person to fill the vacancy for the remainder of the term of office of the person who vacated it.

(5) Four members of the board constitute a quorum.

(6) An act of the board is not invalid because of a defect occurring in the appointment of its members.

1977 c77 s70

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Vacating office

71. (1) A member appointed to the board shall vacate his or her office, where he or she

(a) ceases holding the qualifications necessary for the appointment;

(b) becomes bankrupt;

(c) is convicted of a criminal offence; or

(d) is unable to act.

(2) A member appointed to the board may resign from the board upon giving 1 month's notice to the board of his or her intention to do so, and the resignation takes effect upon the expiration of the notice or upon its earlier acceptance by the board.

1977 c77 s71; 1985 c11 s13

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Objects and powers of board

72. (1) The objects of the foundation are to establish and maintain from the revenues derived under section 74 a fund to be known as the "foundation fund" to be used for 1 or more of the following purposes:

(a) legal education and legal research;

(b) law reform;

(c) assist in funding the Newfoundland Legal Aid Commission as established under the Legal Aid Act;

(d) the establishment, operation and maintenance of a legal referral service for the residents of the province;

(e) the establishment, operation and maintenance of law libraries; and

(f) the provision of scholarships for studies in matters relevant to law.

(2) The board shall transfer 1/3 of the net revenues received in each calendar year directly to the Newfoundland Legal Aid Commission.

(3) In order to further its objects the foundation may, as ancillary or incidental to its objects, do the things that it considers calculated to further the objects of the foundation and it may borrow, raise and secure the payment of money upon the credit of the foundation as the board thinks appropriate and may for that purpose issue notes, bonds, debentures or other evidences of indebtedness.

1977 c77 s72; 1983 c45 s1

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Liability for trust money

73. A member of the society is not liable, by virtue of the relation between solicitor and client or the relation between the solicitor as trustee and a beneficiary, to account to a client for interest received by the solicitor on money

(a) deposited in a bank, trust company, or other depository approved by the board; and

(b) deposited with other money received or held for or on account of his or her clients generally.

1977 c77 s73

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Duty to maintain trust account

74. (1) A member of the society shall maintain a regular interest-bearing trust account in a chartered bank, a trust company or other depository approved by the board, into which he or she shall deposit all money received or held by him or her for or on account of clients upon trust.

(2) A member of the society who is credited by a bank, trust company or other depository approved by the board with interest on money received or held for, or on account of, clients generally holds that interest in trust for the foundation and shall remit it to the foundation in accordance with the regulations of the board.

1977 c77 s74

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Saving

75. Nothing in sections 73 and 74 or in the regulations made by the foundation

(a) affects a written arrangement, whenever made, between a solicitor and his or her client respecting the application of the client's money or the interest on it; or

(b) applies to money deposited in a separate account for a client at interest that is, and is intended to remain, the property of the client.

1977 c77 s75

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Regulations

76. The board may make regulations for matters related to the affairs, property and purposes of the foundation and, in particular, may make regulations respecting

(a) the number and designation of officers of the foundation;

(b) the resignation or removal from office of officers of the foundation;

(c) the number and designations of employees of the foundation other than officers, and their terms and conditions of employment;

(d) the remuneration of officers and employees of the foundation;

(e) the operation of the foundation fund;

(f) the deposit and remission of funds under section 74; and

(g) the terms, conditions and limitations upon which funds may be used for the purposes of the foundation.

1977 c77 s76

PART V
GENERAL PROVISIONS

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Protection

77. An action does not lie against a bencher, a member of the discipline committee under that Part, the treasurer, the secretary or an officer or employee of the society, for anything done by him or her in good faith in purporting to act under this Act or the rules.

1977 c77 s78

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Communications

78. An action for defamation may not be founded on a communication that consists of or pertains to a complaint regarding the conduct of a member or student, where the communication is published to or by the society, a bencher or an officer or employee of the society in the course of investigating the complaint or in the course of proceedings under Part II relating to the complaint.

1977 c77 s79

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Right of audience

79. (1) Members of the society are officers of the Supreme Court and all other courts of record in the province and have a right of audience in those courts.

(2) Members of the society shall be designated as barristers and solicitors.

1977 c77 s80

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Recovery of fees

80. (1) In this section "fees" means fees, costs, charges and disbursements.

(2) A member may sue for and recover the member's reasonable and lawful fees arising from services performed by him or her in the member's capacity as a barrister and solicitor after the services are performed.

(3) A bill for fees may be taxed before the Registrar of the Supreme Court or a master of the Supreme Court.

(4) Notice of taxation of a bill for fees may be given

(a) by the member claiming payment to a person from whom payment is claimed;

(b) by a person from whom a payment is claimed to the member claiming payment; or

(c) by the benchers to the member claiming payment where the benchers receive a complaint concerning the bill from the person from whom the payment is claimed.

(5) Five clear days' notice of taxation of a bill for fees shall be given.

(6) A copy of the bill of fees to be taxed shall be served with the notice of taxation.

(7) Where the party to be served with notice of taxation fails to attend the taxation and it is provided by affidavit that he or she has been served with the notice or that he or she is absconding or absent from the province, the bill of fees may be taxed in the absence of the party to be served.

(8) An amount in excess of the bill for fees as taxed and allowed in respect of the professional services specified are not recoverable and where paid shall be refunded.

(9) The bill for fees as taxed and allowed under this Part may be entered as a judgment in a court of record having jurisdiction as a judgment of that court.

(10) The taxation of a bill of fees under this Part may be appealed to the Trial Division or a judge of the court in the same way as costs are taxed between parties to an action or proceeding in the court.

(11) A person is not entitled to recover fees as a member or to tax a bill of fees as a member unless he or she was a member in good standing at the time that the fees were incurred.

(12) Where a person receives money or other consideration in payment of fees as a member that were incurred at a time when that person was not a member in good standing, other than by way of an amount actually reimbursed to another person entitled to receive it, the money or other consideration shall be refunded to the person from whom it was received and the person from whom it was received may recover it by action in a court.

(13) Subsection (3) does not apply to the retention of fees paid or agreed to be paid by a client to a member in advance of his or her undertaking a professional service where the service is rendered.

1977 c77 s81; 1986 c42 Sch B

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Fees for Law Society

81. (1) Notwithstanding section 68 of the Judicature Act, the fee for an originating document or statement of claim except unilateral originating applications issued by a solicitor out of the Trial Division shall be paid to the Registrar of the Supreme Court for the society and when received shall be paid by the registrar to the secretary for the purposes of the society.

(2) The fee referred to in subsection (1) shall be set by order of the Lieutenant-Governor in Council.

(3) The order referred to in subsection (2) is subordinate legislation for the purposes of the Statutes and Subordinate Legislation Act.

1986 c8 s3; 1987 c41 s13; 1988 c54 s15

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Annual certificate fee

82. (1) Before January 15 in each year, a member shall pay to the secretary the annual fee prescribed by the rules for the member.

(2) Upon payment of the fee, if the member is a member in good standing, the secretary shall issue to him or her a certificate signed by the secretary.

(3) An annual certificate expires on January 15 following the expiration of the year in respect of which it is issued.

1977 c77 s83; 1986 c8 s4

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Non-practising member

83. A member who does not wish to practise in the province in a year may apply to become a non-practising member in that year and shall pay the annual fee and receive the annual certificate that the rules of the society may prescribe.

1977 c77 s84

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Prohibited activity

84. (1) A person shall not, unless he or she is a member in good standing of the society,

(a) practise or act as a barrister or as a solicitor;

(b) act as a barrister or a solicitor in a court;

(c) begin, carry on or defend an action or proceeding before a court or judge on behalf of another person;

(d) settle or negotiate for the settlement of a claim for loss or damage founded in tort;

(e) draw, prepare, revise or settle,

(i) a deed or mortgage of real or personal property or a release or assignment of a mortgage,

(ii) a testamentary document,

(iii) a deed or settlement, trust deed or power of attorney,

(iv) an instrument for use in a judicial or quasi-judicial hearing,

(v) an instrument relating to the incorporation, re-organization, amalgamation or winding-up of a corporation,

(vi) an instrument to found or oppose a grant of probate or of letters of administration, or

(vii) a petition or other instrument relating to a bankruptcy under the Bankruptcy Act (Canada).

(2) It is a good defence to a prosecution for an offence under paragraph (1)(e) to show, in respect of a deed, mortgage, testamentary document, other document or instrument whose drawing, preparation, revision or setting constitutes the grounds of the offence charged,

(a) that no member was available to draw, prepare, revise or settle that deed, mortgage, testamentary document, other document or instrument; and

(b) that if the deed, mortgage, testamentary document, other document or instrument had not been drawn, prepared, revised or settled, undue hardship would likely have been incurred by a natural person.

(3) In subsection (1)

(a) "instrument" means a formal document required by statute or by rules of court to be in a certain form or to convey certain information; and

(b) "person" refers to corporations notwithstanding construction that could be inferred from the exemption applying to members of the society.

1977 c77 s85

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Prohibition

85. Section 84 does not prohibit

(a) a public officer from drawing or preparing documents or instruments in the course of his or her duties;

(b) a notary public from making notarial certificates or protests;

(c) a person from acting on his or her own behalf in an action, matter or proceeding to which he or she is a party other than a person to whom a debt has been assigned for collection only;

(d) a person from drawing, preparing, revising or settling for his or her own use a will or a deed, instrument or document pertaining to property or another instrument or document that is intended to be enforceable by law or to have a legal effect;

(e) a person from merely engrossing an instrument or proceeding;

(f) an insurance adjuster from acting as such under the Insurance Adjusters Act;

(g) a person from appearing as an agent for another person before a Provincial Court judge or justice of the peace when authorized to do so under an Act of the Parliament of Canada or of the Legislature;

(h) a commissioner of the Supreme Court or justice of the peace from taking affidavits;

(i) a public official approved for that purpose by the Minister of Justice, a member of the Royal Newfoundland Constabulary or a member of the Royal Canadian Mounted Police, from prosecuting an offence, whether an indictable or summary conviction offence, that is tried summarily or from appearing before a Provincial Court judge or justice of the peace in respect of the offence;

(j) a student in the course of his or her articles from acting as counsel in cases in which students may so appear under those rules that the benchers may make or in doing anything in the course of his or her service under articles, if it is done under the direction or supervision of a member in good standing; or

(k) real estate agents from preparing, executing and delivering of formal agreements for sale negotiated by them.

1977 c77 s86; 1978 c35 s13; 1979 c38 s7;
1981 c79 s8

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Representation of professional status: prohibition

86. (1) A person shall not, unless he or she is a member in good standing of the society, represent himself or herself to be a member of the society, or as a person lawfully entitled to practise law or to carry on the practice or profession of a barrister or solicitor.

(2) A suspended member shall not while suspended represent himself or herself to be a member in good standing.

(3) A person shall not, unless he or she is a member of the society, represent himself or herself to be a member of the society or a barrister and solicitor.

(4) A person shall not, unless he or she is enrolled in the register of the society as a student, represent himself or herself to be a student or an articled law student or clerk, or student-at-law.

1977 c77 s87

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Employment of suspended or disbarred member

87. A member of the society shall not employ in connection with his or her practice a suspended member or a member whose name has been struck off the roll of the society except under the authority of a resolution of the benchers and in accordance with those rules that may be made by the benchers.

1977 c77 s88

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Outside principals

88. A member of the society shall not do anything to enable a person to practise as a barrister and solicitor in the province before he or she is entitled to do so under this Act, but nothing in this subsection applies to anything done by a member as the professional agent of a member of the legal profession outside the province.

1977 c77 s89

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Branch offices

89. A member of the society shall not open or maintain a branch office for the practice of law in the province unless the office is under the personal and actual control and management of a member.

1977 c77 s90

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Offences

90. (1) A natural person or corporation and an officer, employee or agent of a corporation who contravenes this Part is guilty of an offence and liable on summary conviction

(a) for the 1st offence, to a fine of not more than $200;

(b) for a 2nd offence, to a fine of not more than $1,000; and

(c) for a 3rd and subsequent offence to a fine of not more than $5,000.

(2) A person who contravenes a provision of this Act, other than a provision of this Part, is guilty of an offence and liable on summary conviction to a fine of not more than $1,000.

(3) In a prosecution under this Part it is sufficient proof of an offence if it is proved that the accused committed a single act prohibited by this Part.

1977 c77 s91

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Injunction

91. On application by the society, a judge of the Trial Division may prohibit a person who has been convicted of an offence against section 84 from practising or acting as a barrister and solicitor notwithstanding that a fine has been imposed.

1977 c77 s92

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Secretary's certificate

92. A certificate purporting to be signed by the secretary and stating that a named person was or was not on a specified day or during a specified period

(a) a member or a suspended member according to the roll of the society;

(b) an inactive member within the meaning of Part III;

(c) a student according to the records of the society; or

(d) an officer of the society or a bencher, according to the records of the society,

is admissible in evidence as, in the absence of evidence to the contrary, proof of the facts stated without proof of the secretary's appointment or signature.

1977 c77 s93

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Disposition of fines

93. Fees, assessments, costs or other money payable by a member under this Act or the rules and fines imposed by the benchers are the property of the society and shall be paid to the society.

1977 c77 s94

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Liability limited

94. A member is not liable to an action for negligence in respect of professional services unless the action is started within the lesser period of

(a) 4 years from the date when the professional services giving rise to the action terminated; and

(b) 2 years from the date when the cause of the action for negligence became known to the person affected.

1977 c77 s95

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Appeal to Trial Division

95. (1) A person aggrieved by a decision of the benchers under Part I or a decision or order of the benchers or of the discipline committee under Part II may, within 14 days after receiving notice of the decision or order, appeal the decision or order to a judge of the Trial Division by filing with the Registrar of the Supreme Court a notice of appeal and by serving a copy upon the secretary.

(2) The notice of appeal shall specify the grounds upon which the appeal is taken.

(3) Upon receipt of a copy of the notice of appeal, the secretary shall file with the Registrar of the Supreme Court a certified copy of all proceedings, reports, orders, evidence and papers upon which the benchers or discipline committee acted in making the decision or order appealed from.

(4) The appellant or the society may, on motion, have the appeal set down for hearing, and the appellant shall give the security for costs that a judge of the Trial Division, upon application, may direct.

(5) On the hearing of the appeal a judge of the Trial Division may, as he or she considers just, make an order reversing, confirming or varying the decision or order appealed from or make an order referring the matter for further inquiry by the benchers, and he or she may make the order as to costs that the judge considers appropriate.

(6) An appeal under this section does not operate as a stay upon a decision or order of the benchers or discipline committee unless a judge of the Trial Division so orders.

1977 c77 s96

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Appeal to Court of Appeal

96. An appeal may be taken to the Court of Appeal from an order of a judge of the Trial Division upon a point of law raised at a hearing under section 95, and the rules governing appeals to that court from a decision of a judge of the Trial Division apply to appeals under this section.

1977 c77 s97

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