the SOCIETY RECORD - Nova Scotia Barristers' Society

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our assessment of the changes was focused by concerns about loss of
self regulation. Today, Council’s perspective is much more concerned
with what we might learn from the new regulatory models, and how
to apply and adapt those learnings to Nova Scotia to improve the
quality of legal regulation here.
Access to justice issues are very much on Council’s mind and are
a clear priority. The strategic issues are how does the Society play
an effective role, likely as a coordinator or convenor, and in what
areas should our priorities be. There are numerous projects both
provincially and nationally that will impact us in Nova Scotia, and
Council’s task is to determine where our finite resources ought to be
directed.
Developing standards
Under the Legal Profession Act, the development of standards for
the legal profession is a requirement for the Society. In addition to
the Code of Professional Conduct, our primary standard, the Society
first developed and promoted real estate practice standards. They
were followed by family practice standards. These two areas are
continuously monitored by committees that, in addition to adding
standards as required, promote the development of resources and
other materials that will allow lawyers to readily access information
to assist them in understanding and meeting their professional
requirements.
This year, Council endorsed the development of law office
management standards. A committee has been actively researching
and compiling information that will start to be released as draft
standards over the next few months. Unlike the real estate and family
law standards, each law office management standard can stand alone.
Therefore, the committee is recommending that they be promulgated
as they are developed, without waiting for a comprehensive package.
Council has yet to determine if this approach will be adopted but
notices in InForum will advise lawyers of the status, of requests for
consultation, and of ultimate adoption.
Initial discussions on a project to develop criminal law practice
standards have begun. Following consultation with the Nova Scotia
Criminal Lawyers’ Association, the Executive Committee has
endorsed this as an activity for the coming year. This proposal will
likely be submitted to Council for its consideration later in the spring.
Better public access to legal services
New clarity and direction in the Code of Professional Conduct will
improve public access to a broader range of limited scope legal services
in Nova Scotia. Updates in February introduced specific rules and
clear definitions on providing limited scope services, with additional
guidance on ethical and competence questions that might arise.
Similar rules now exist in British Columbia, Alberta, Manitoba and
Ontario. Nova Scotia is the first province in eastern Canada to adopt
the updated rules, which will provide more possibilities to people
who don’t qualify for legal aid or may be unable to afford legal services
throughout an entire matter.
With the support and guidance of the new ethics rules, lawyers
can now represent a client for part of a legal matter, without the
expectation that the lawyer will need to act for the client generally,
or become the solicitor of record for the client. This ‘unbundling’ of
legal services opens up the middle ground between full representation
and no representation.
The new rules specify that the same standard of competence for fullscope
retainers applies to limited scope services. They also emphasize
the importance of communicating effectively with clients – also in
writing – to avoid misunderstandings or unrealistic expectations. It is
also important for lawyers to take steps to ensure, where appropriate,
that opposing counsel and the judiciary also understand a retainer’s
limited scope as well.
The Society’s practice standards committees are examining limited
scope legal services in light of the recent Code updates, with a view to
developing related standards and providing further guidance.
May 31: First CPD reporting deadline
Practising lawyers in Nova Scotia are now required to complete
12 hours per year of eligible continuing professional development
activity. The deadline for reporting your 2012-13 activities toward
the Society’s new CPD requirement is May 31.
The Society has developed an easy-to-use tool for reporting: the NSBS
CPD Log is found in the Member Login area of the Society’s website,
at members.nsbs.org. The CPD Log is the portal through which all
practising lawyers will report their annual CPD Requirement by May
31 each year.
There are two alternatives:
• If you use CPD File, a national CPD database tool, the
information recorded there will be imported to the Society
prior to the deadline, so you don’t need to record it again in
the NSBS CPD Log.
• Firms capturing their lawyers’ CPD activities centrally have
the option to import that data into the NSBS CPD Log.
Check with your system administrator to confirm whether
you must also add your activities to the CPD Log.
Despite which option you use for recording your CPD activities, all
lawyers must check the data captured in the CPD Log to confirm its
accuracy prior to the reporting deadline.
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The Society Record