Legal Profession Act Introduced

Lawyers in Nova Scotia would operate under more modern principles and guidelines in legislation introduced today, Oct. 8, by Justice Minister Michael Baker.

The Legal Profession Act spells out the role of the Nova Scotia Barristers' Society and, for the first time, includes the French name of the society in the legislation.

"This legislation speaks very directly to the public's interest in how the profession manages itself," said Mr. Baker. "Not only does the Barristers' Society regulate the practice of law, but it establishes qualification standards, and also sets standards of professional responsibility and competence."

The act would also:

• clarify the general governance structure of the Barristers' Society;
• affirm the society's purpose to "uphold and protect the public interest and the practice of law";
• provide a more contemporary definition of what it means to practice law in Nova Scotia;
• increase fines for those who practice law illegally;
• more clearly spell out the lawyer's role regarding trust relationships with clients;
• strengthen the society's discipline process;
• change certain terms and definitions to make the act more readable.

The proposed legislation follows an extensive consultation period. In June 2002, the Nova Scotia Barristers' Society distributed a discussion paper to members of the profession, managing partners of law firms and other self-regulating professions.