legal ethics handbook - Nova Scotia Barristers' Society

Interpretation
LEGAL ETHICS HANDBOOK
This Handbook contains the rules for ethical and professional conduct deemed appropriate for lawyers in Nova
Scotia. They are drawn, in the main, from the Code of Professional Conduct of the Canadian Bar Association
adopted by that organization's Council in August, 1974 and revised in August, 1987. They were adopted by the
Council of the Nova Scotia Barristers' Society, after what was thought to be ample opportunity for consideration
and debate.
The rules are expressed as duties thereby avoiding, wherever possible, the use of the words "shall'' or "must'' and
"should'' and the differences in nuance represented by these words which occasionally give the reader difficulty
and which occasionally produce inconsistency.
There are 25 chapters although the subject does not always lend itself readily to such a division. Each chapter
begins with a Rule, then Guiding Principles and lastly Commentary. The essence of the chapter is expressed in
the Rule but the Rule itself is not determinative. Duties are found not only in the Rule but frequently in the Guiding
Principles and occasionally in the Commentary.
This Handbook is not a code in the sense of a criminal code: a lawyer may behave unethically and
unprofessionally even if there is nothing in the Handbook which deals specifically with such behaviour. Therefore,
the reader, whether a practitioner or a member of a discipline committee, should not conclude that because the
issue at hand is not precisely embraced in the material, there is not a breach. On the other hand, a technical
breach of a Rule contained in this Handbook, may not, in the particular circumstances or setting, amount to
professional misconduct. Sensible, intelligent and just extrapolation is called for. The document is not to be
construed narrowly.
The Handbook will be supplemented, when deemed necessary, by regulations of the Society and rulings of the
Society's legal ethics and other committees that are duly constituted to do so.
A few terms frequently used in the Handbook require definition. They are as follows:
• "associate'' means, except where otherwise stated, a partner or associate in the practice of law and
includes one who shares an office or office expenses or both;
• "client'' means a person on whose behalf a lawyer renders or undertakes to render professional services;
• "Code'' means the Code of Professional Conduct adopted by Council of the Canadian Bar Association in
August, 1987;
• "court'' includes a conventional court of law and, generally, any tribunal whether judicial, quasi-judicial or
administrative, including a municipal council;
• "Complaints Investigation Committee'' means the Complaints Investigation Committee appointed
pursuant to the Legal Profession Act;
• “Hearing Committee” means the Hearing Committee appointed pursuant to the Legal Profession Act;
• “hearing panel” means a quorum of the Hearing Committee empanelled to hear a charge;
• "law'' includes rules of court;
• "lawyer'' means an individual who is duly authorized to practise law in the Province of Nova Scotia;
• “member” includes those over whom the Society has jurisdiction pursuant to s. 28 of the Legal Profession
Act;
• "person'' includes a corporation or other legal entity, including the Crown in the right of Canada or a
province and a government of a state or any political subdivision thereof and also includes an association,
partnership or other organization;
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