Nova Scotia Barristers' Society

Last updated
Nova Scotia Barristers' Society
Formation1825
TypeLaw Society
Legal statusactive
PurposePublic regulator of the legal profession
Headquarters Halifax, Nova Scotia
Region served
Nova Scotia, Canada
Official language
English
French
TEP and President
R. Daren Baxter
Affiliations Federation of Law Societies of Canada
Website www.nsbs.org

The Nova Scotia Barristers' Society [1] is the statutory body charged with the regulation of the legal profession in the Canadian province of Nova Scotia.

Contents

The Barristers' Society is a member of the Federation of Law Societies of Canada, an association of the fourteen provincial and territorial bodies governing the legal profession across Canada.

History

The Society traces its roots to the Nova Scotia Bar which was established in December 1749, after the City of Halifax was founded.

In 1797, a legal library was created when the Honourable Chief Justice Thomas A. L. Strange donated his personal collection to the province for the use of his fellow lawyers.

In March 1811, the Province enacted its first legal profession act, called "an Act for the better regulation of attorneys, solicitors and proctors, practising in the Courts of Law and Equity in this Province". Drafted by Attorney-General Richard John Uniacke, the Act provided that all of Nova Scotia’s lawyers would henceforth be barristers, rather than simply attorneys. It was the second legal profession act in British North America.

The Act was subject to seven-year periodic renewals and was renewed in 1818, however, it expired in March 1825 without being renewed. Within days, the Society of Nova Scotia Barristers was formed. In 1858, the society incorporated and was renamed the Nova Scotia Barristers’ Society. In 1899, it became compulsory for all practising lawyers to be members of the Society due to the passage of the Barristers and Solicitors Act. [2]

The Legislature of Nova Scotia has enacted the Legal Profession Act, [3] which gives lawyers in Nova Scotia the powers of self-regulation, through the Barristers' Society. In exercising its powers under the Act, the Barristers' Society is required "... to uphold and protect the public interest in the practice of law". [4]

Role

The Barristers' Society has four main functions: (1) regulate standards necessary for admission to the privilege of practising law in the Province; (2) establish standards for the professional responsibility and competence of lawyers in the Province; (3) regulate the practice of law in the Province; and (4) seek to improve the administration of justice in the Province by regular consultations with members of the public who have a particular interest in the purpose of the Society. [5]

In addition to setting the requirements for call to the Bar [6] [7] and guidelines for law practice in the Province, [8] [9] the Society investigates and adjudicates potential professional misconduct amongst members. [10] [11] [12] [13] An appeal lies to the Nova Scotia Court of Appeal from the decision of the Society, on any question of law raised in disciplinary proceedings. [14]

Related Research Articles

<span class="mw-page-title-main">Barrister</span> Lawyer specialised in court representation in certain jurisdictions

A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include arguing cases in courts and tribunals, drafting legal pleadings, researching the law and giving legal opinions.

<span class="mw-page-title-main">Lawyer</span> Practitioner of law

A lawyer is a person who practices law. The role of a lawyer varies greatly across different legal jurisdictions. A lawyer can be classified as an advocate, attorney, barrister, canon lawyer, civil law notary, counsel, solicitor, legal executive, or public servant — with each role having different functions and privileges. Working as a lawyer generally involves the practical application of abstract legal theories and knowledge to solve specific problems. Some lawyers also work primarily in advancing the interests of the law and legal profession.

<span class="mw-page-title-main">Notary public</span> Civil position that certifies documents and administers oral oaths and affirmations

A notary public of the common law is a public officer constituted by law to serve the public in non-contentious matters usually concerned with general financial transactions, estates, deeds, powers-of-attorney, and foreign and international business. A notary's main functions are to validate the signature of a person ; administer oaths and affirmations; take affidavits and statutory declarations, including from witnesses; authenticate the execution of certain classes of documents; take acknowledgments ; provide notice of foreign drafts; provide exemplifications and notarial copies; and, to perform certain other official acts depending on the jurisdiction. Such transactions are known as notarial acts, or more commonly, notarizations. The term notary public only refers to common-law notaries and should not be confused with civil-law notaries.

A solicitor is a legal practitioner who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally-defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and enabled to practise there as such. For example, in England and Wales a solicitor is admitted to practise under the provisions of the Solicitors Act 1974. With some exceptions, practising solicitors must possess a practising certificate. There are many more solicitors than barristers in England; they undertake the general aspects of giving legal advice and conducting legal proceedings.

<span class="mw-page-title-main">King's Counsel</span> Honorific for lawyers in some Commonwealth realms

In the United Kingdom and some Commonwealth countries, a King's Counsel is a senior trial lawyer appointed by the monarch of the country as a 'Counsel learned in the law'. When the reigning monarch is a woman, the title is called Queen's Counsel.

A bar association is a professional association of lawyers as generally organized in countries following the Anglo-American types of jurisprudence. The word bar is derived from the old English/European custom of using a physical railing to separate the area in which court business is done from the viewing area for the general public.

A law society is an association of lawyers with a regulatory role that includes the right to supervise the training, qualifications, and conduct of lawyers. Where there is a distinction between barristers and solicitors, solicitors are regulated by the law societies and barristers by a separate bar council.

The call to the bar is a legal term of art in most common law jurisdictions where persons must be qualified to be allowed to argue in court on behalf of another party and are then said to have been "called to the bar" or to have received "call to the bar". "The bar" is now used as a collective noun for barristers, but literally referred to the wooden barrier in old courtrooms, which separated the often crowded public area at the rear from the space near the judges reserved for those having business with the court. Barristers would sit or stand immediately behind it, facing the judge, and could use it as a table for their briefs.

Legal ethics are principles of conduct that members of the legal profession are expected to observe in their practice. They are an outgrowth of the development of the legal profession itself.

The Law Society of Ontario is the law society responsible for the self-regulation of lawyers and paralegals in the Canadian province of Ontario. Founded in 1797 as the Law Society of Upper Canada, its name was changed by statute in 2018.

<span class="mw-page-title-main">Hiram Blanchard</span> 1st Premier of Nova Scotia (July 1867 – September 1867

Hiram Blanchard was a Nova Scotia lawyer, politician, and the first premier of Nova Scotia. Blanchard won election to the Nova Scotia legislative assembly in Inverness in 1859 as a Liberal.

A bar examination is an examination administered by the bar association of a jurisdiction that a lawyer must pass in order to be admitted to the bar of that jurisdiction.

<i>Andrews v Law Society of British Columbia</i> Supreme Court of Canada case

Andrews v Law Society of British Columbia, [1989] 1 SCR 143 is the first Supreme Court of Canada case to deal with the equality rights provided under Section 15 of the Canadian Charter of Rights and Freedoms. British law graduate Mark David Andrews challenged the validity of Section 42 of the Barristers and Solicitors Act contending that the Canadian citizenship requirement for being called to the bar violated Section 15 of the Charter.

An admission to practice law is acquired when a lawyer receives a license to practice law. In jurisdictions with two types of lawyer, as with barristers and solicitors, barristers must gain admission to the bar whereas for solicitors there are distinct practising certificates.

The Solicitors Regulation Authority (SRA) is the regulatory body for solicitors in England and Wales.

<span class="mw-page-title-main">Law Society of British Columbia</span>

The Law Society of British Columbia is the regulatory body for lawyers in British Columbia, Canada.

<span class="mw-page-title-main">Bar of Northern Ireland</span> Northern Irish professional association

The Bar of Northern Ireland is the professional association of barristers for Northern Ireland, with over 600 members. It is based in the Bar Library, beside the Royal Courts of Justice in Belfast, together with the Bar Council of Northern Ireland and the Executive Council. The Executive Council has taken on many of the functions formerly exercised by the Benchers of the Inn of Court of Northern Ireland, which was established at a meeting of the Bench and Bar held on 11 January 1926.

<span class="mw-page-title-main">Courts and Legal Services Act 1990</span> United Kingdom legislation

The Courts and Legal Services Act 1990 was an Act of the Parliament of the United Kingdom that reformed the legal profession and courts of England and Wales. The Act was the culmination of a series of reports and reforms that started with the Benson Commission in the 1970s, and significantly changed the way that the legal profession and court system worked.

<span class="mw-page-title-main">Bar of Ireland</span> Irish professional association

The Bar of Ireland is the professional association of barristers for Ireland, with over 2,000 members. It is based in the Law Library, with premises in Dublin and Cork. It is governed by the General Council of the Bar of Ireland, which was established in 1897. The Council is composed of twenty-five members: twenty who are elected, four co-opted, and the Attorney-General, who holds office ex officio. Every year, ten members are elected for two-year terms; five by senior counsel and five by junior counsel.

The Legal profession in England and Wales is divided into two distinct branches under the legal system, those of solicitors and barristers. Other legal professions in England and Wales include acting as a judge, as the Attorney-General, as the Solicitor-General, or as the Director of Public Prosecutions.

References

  1. ↑ Nova Scotia Barristers' Society
  2. ↑ History | Nova Scotia Barristers' Society NSBS.org
  3. ↑ Legal Profession Act , S.N.S. 2004, c. 28
  4. ↑ Legal Profession Act, S.N.S. 2004, c. 28, s. 4(1).
  5. ↑ Legal Profession Act, S.N.S. 2004, c. 28, s. 4(2).
  6. ↑ Legal Profession Act, S.N.S. 2004, c. 28, s. 5(3), s. 5(8)(b)
  7. ↑ Nova Scotia Barristers' Society: Licensing > Becoming A Lawyer In NS Archived 2011-12-08 at the Wayback Machine .
  8. ↑ Legal Profession Act, S.N.S. 2004, c. 28, s. 28(2)
  9. ↑ Nova Scotia Barristers' Society: Licensing Archived 2011-11-23 at the Wayback Machine .
  10. ↑ Legal Profession Act, S.N.S. 2004, c. 28, s. Part III: "Protection of the Public."
  11. ↑ Nova Scotia Barristers' Society: Public > Filing a Complaint Archived 2011-08-26 at the Wayback Machine .
  12. ↑ Yarmouth lawyer facing professional conduct hearing, Canadian Broadcasting Corporation, 12 October 2011, retrieved 23 October 2011
  13. ↑ Knowledge House director reprimanded by Bar Society, Canadian Broadcasting Corporation, 31 December 1969, retrieved 23 November 2011
  14. ↑ Legal Profession Act, S.N.S. 2004, c. 28, s. 49.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.