legal ethics handbook - Nova Scotia Barristers' Society

LEGAL ETHICS HANDBOOK
(h) A lawyer has a duty not to borrow money from or loan money to a client except where the borrowing or lending
does not violate any regulation or ruling of the Society. 3
(i) A lawyer who has a personal interest in a joint business venture with others may represent or advise the
business venture in legal matters between it and third parties, but has a duty not to represent or advise either the
joint business venture or the joint venturers in respect of legal matters as between them.
Guiding Principles
What is an associate?
For the purposes of this Rule, an associate of a lawyer includes
(b) the lawyer's spouse;
(c) the lawyer's child;
(d) a relative of the lawyer or the lawyer's spouse where the relative resides with the lawyer;
(e) a partner or associate of the lawyer in the practice of law;
(f) a trust or estate in which the lawyer has a substantial beneficial interest or for which the lawyer acts
as a trustee or in a similar capacity; or
(g) a corporation of which the lawyer is a director or in which the lawyer or another person with whom the
lawyer is associated or in partnership in the practice of law owns or controls directly or indirectly,
more than ten per cent of the voting rights attached to all outstanding equity shares of the
corporation. 4
What is Independent Legal Advice?
For the purpose of this rule, independent legal advice means a clear explanation of the nature and effect of the
transaction that the client intends to undertake by an independent and qualified lawyer knowledgeable about all
relevant circumstances and who is not an associate of the referring lawyer, and is therefore able to act solely in
the interests of that client.
What is a Family Member?
For the purpose of this Chapter, "family member" includes:
(a) spouse, including common-law partner;
(b) child;
(c) sibling, including step-sibling or half sibling;
(d) parent, including step-parent;
(e) grandparent;
(f) grandchild;
(g) the following relatives of the lawyer's spouse or common-law partner:
(i) child of the spouse or common-law partner;
(ii) sibling of the spouse, including step-sibling or half sibling;
(iii) parent, including step-parent;
(iv) grandparent; or
(v) grandchild;
where "common-law partner" means an individual who has cohabited with the lawyer in a conjugal
relationship for a period of at least two years.
Commentary
A deemed client
7.1 For the purposes of this Rule, a person who is not otherwise a client of a lawyer may be deemed to be a client
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