Professional Responsibility Resources
The sources of primary authority for matters related to professional responsibility in Nova Scotia are the
Legal Profession Act, S.N.S. 2004, c. 28, and its Regulations, as well as
Legal Ethics and Professional Conduct: A Handbook for Lawyers in Nova Scotia, 2nd ed.
(Halifax, N.S.: Nova Scotia Barristers= Society, 1998), also known as the Legal Ethics Handbook.
Guidelines,
Manuals,
Standards &
Tools
There are a number of guidelines, manuals, standards, and tools to assist members in matters of
professional responsibility. Many of these resources are produced by the Nova Scotia Barristers=
Society, or if prepared by another organization, approved by Council.
Best Practices Database
<http://www.nsbs.org/librarydatabases.php?page=BPQBE>
Best Practices is a database and research tool that combines the Legal Ethics Handbook with
supporting additional resources, including ethics rulings and advice, guidelines and precedents, and
digests of disciplinary decisions.
Guidelines for Suspended or Disbarred Members and Members Permitted to Resign
<http://www.nsbs.org/reports/GuidelinesforSusp.pdf>
These guidelines were approved by the Executive Committee on March 7, 2003 and were most
recently revised on January 20, 2006. This document provides guidance to members regarding their
conduct following their suspension, disbarment, or resignation.
Legal Ethics and Professional Conduct: A Handbook for Lawyers in Nova Scotia
<http://www.nsbs.org/legalethics/toc.htm>
Legal Ethics and Professional Conduct: A Handbook for Lawyers in Nova Scotia, otherwise known as
the Legal Ethics Handbook, is the starting point for all matters relating to professional responsibility.
The most up-to-date version of the Legal Ethics Handbook is available online only.
Model Contingency Fee Agreement
<http://www.nsbs.org/documents/forms/cfa_agreement_model.pdf>
Approved by Council in 2000, this model agreement was developed in consultation with the Nova
Scotia Supreme Court to provide lawyers and their clients with a form of Contingency Fee Agreement
that satisfies the requirements of the Civil Procedure Rules, past rulings of the Court, and ethical
considerations. This model agreement does not preclude lawyers from using a different form of
agreement that complies with the Civil Procedure Rules.
Contingency Fee Practice Advisory
<http://www.nsbs.org/documents/general/guidelines/cfa_prac_advisory_feb01.pdf>
This practise advisory was prepared under the supervision of the Nova Scotia Barristers= Society=s
Administration of Justice Committee. This practice advisory was approved by Council on February 18,
2000 as a companion to the Model Contingency Fee Agreement.
Notices of Formal Hearings
<http://www.nsbs.org/disciplineHearings.php>
Notices of matters to be heard by the Nova Scotia Barristers= Society=s Hearing Committee are posted
on the Society=s website, along with information about the location and timing of the hearings.
Practice Standards for Real Property Transactions in Nova Scotia
<http://www.lians.ca/Standards/preface.html>
Prepared by the Nova Scotia Barristers= Society=s Professional Standards Committee, these standards
are essential to real property lawyers in the exercise of their professional judgment and reflect the
changes to real estate practice brought about by the implementation of the Land Registration Act.
Trust Accounts Manual
<http://www.nsbs.org/documents/general/trust_accounts_manual.pdf>
In an effort to assist members in the proper and effective management of trust accounts, the Nova
Scotia Barristers= Society has produced a Trust Accounts Manual, which covers topics such as setting
up a trust account, operating a trust account, accounting for trust accounts, and computerized trust
accounting. The Society has also prepared information for members on applying for the disposal of
undistributed trust funds <http://www.nsbs.org/documents/ general/UTF_Procedures.pdf>, as well as
guidelines for co-signers on lawyers= trust accounts
<http://www.nsbs.org/documents/general/guidelines/Guidelines_CoSignersTrustAccts.pdf>.
Case Law
Internet Resources:
Law News Online <http://www.nsbs.org/librarydatabases.php?page=LNAQBE>
This database provides access to the full text of decisions from Nova Scotia (primarily the Court of
Appeal and the Supreme Court), as well as access to the digests of decisions that appear in the Nova
Scotia Law News. This database also includes decisions of the Nova Scotia Barristers= Society
Hearing Committee, and its predecessor, the Discipline Subcommittee. Please read the ACoverage of
Database@ note on the query screen to Law News Online for the correct coverage information.
CanLII <http://www.canlii.org>
This database includes decisions from all provinces and territories across Canada, as well as the
federal level, including the Supreme Court of Canada and the Federal Court of Canada. This database
also includes decisions of the Nova Scotia Barristers= Society Hearing Committee, and its
predecessor, the Discipline Subcommittee. CanLII includes similar, professional responsibility-related
decisions from the provinces of British Columbia, Alberta, Ontario, Quebec, Newfoundland and
Labrador, and the Northwest Territories.
The Courts of Nova Scotia - Decisions Database <http://decisions.courts.ns.ca/>
This database provides access to the full text of decisions from various levels of courts in Nova Scotia.
Consult the website for coverage information.
Commercial Databases:
Westlaw Canada=s LawSource <http://www.westlawecarswell.com/home>
This resource is available to all members of the Nova Scotia Barristers= Society via the public access
computers at selected barristers’ libraries throughout the province.
Quicklaw <www.lexisnexis.com/ca/legal>
Subscription required. Choose the topic of Professions from the Source Directory to access Quicklaw=s
collection of case law, commentary, legal news, journals, and legislation on the topic of professional
responsibility.
Maritime Law Book <http://www.mlb.nb.ca/>
Subscription required. Use Maritime Law Book key numbers 1-8000 under the topic of Barristers and
Solicitors to find case law on the topic of professional responsibility.
Case Digests
Nova Scotia Law News (1974 - ) Aisle 18 / available on Law News Online (1989 -)
Digests of recent cases appear in the Nova Scotia Law News, which is published quarterly as part of
The Society Record. In addition, these digests are available electronically through Law News Online
<http://www.nsbs.org/librarydatabases.php?page=LNAQBE>. Please read the ACoverage of
Database@ note on the query screen to Law News Online for the correct coverage information.
Canadian Abridgment Case Digests (3d ed.) Aisle 3 / available on Westlaw Canada=s LawSource
Vol. 86-87: Professions and Occupations (see IX. Barristers and Solicitors; XIV. Paralegals)
Canadian
Encyclopedic
Digest
(Ont., 4th ed.)
Vol. 6, Title 16: Barristers and Solicitors
Aisle 3. This material is also available on Westlaw Canada=s LawSource.
Halsbury=s
Laws of
Canada
(1st ed.)
Legal Profession
Negligence (See III. Standard of Care - 7. Professions - (3) Lawyers)
Aisle 2.
Journals
Georgetown Journal of Legal Ethics (1987 - 2000) Aisle 22
The Index to Canadian Legal Literature provides citations to articles found in scholarly journals, as
well as citations to other periodicals, books, government publications, audio-visual materials,
continuing legal education materials, and case comments. Search for legal literature by author, title,
subject, case, statute, and book review. The Index to Canadian Legal Literature is available in print as
part of the Canadian Abridgment, as well as electronically via Westlaw Canada=s LawSource
(database identifier: ICLL) and Quicklaw.
Texts
Texts marked with a star (  ) are available in the reserve collection, and in most cases, the circulating
collection.
Appleby, Eric B. Legal Research Guide to Ethics 2006 (Fredericton, N.B.: Maritime Law Book, 2006). K
27.P4 A648 2006 / available online <http://www.mlb.nb.ca/>
Buckingham, Donald E. Legal Ethics in Canada: Theory and Practice (Toronto: Harcourt Brace
Canada, 1996). KB 265 B923 1996
Campion, John & Diana Dimmer. Professional Liability in Canada, looseleaf (Scarborough, Ont.:
Carswell, 1994). KB 183.P5 C196 1994
See Chapter 7: Civil Liability for Lawyers
Casey, James T. Regulation of Professions in Canada, looseleaf (Scarborough, Ont.: Carswell, 1994).
KB 61.A1 C338 1994
Cordery, Arthur, J. Anthony Holland & Alexandra Marks. Cordery on Legal Services, 9th ed., looseleaf
(London: LexisNexis, 2010). KB 252 C794 2010
Dodek, Adam M. & Jeffrey G. Hoskins. Canadian Legal Practice: A Guide to the 21st Century,
looseleaf (Markham, Ont.: LexisNexis, 2009). KB 265 D643 2009
Graham, Randal N.M. Legal Ethics: Theories, Cases, and Professional Regulation (Toronto: Emond
Montgomery, 2004). KB 265 G741 2004
Grant, Stephen M. & Linda R. Rothstein. Lawyers= Professional Liability, 2d ed. (Toronto: Butterworths,
1998). KB 252 G763 1998
Hamilton, Keith R. Self-Governing Professions: Digests of Court Decisions, looseleaf (Aurora, Ont.:
Canada Law Book, 1995). KB 61.A1 H218 1995
Hutchinson, Allan C. Legal Ethics and Professional Responsibility, 2d ed. (Toronto: Irwin Law, 2006).
KB 265 H975 2006
Knight, S. Patricia. Ethics and Practice Management for Paralegals (Toronto: Edmond Montgomery,
2006). KB 270.L5 K69 2006 / Oversize Collection
 MacKenzie, Gavin. Lawyers and Ethics: Professional Responsibility and Discipline, looseleaf
(Scarborough, Ont.: Carswell, 1993). KB 265 M156 1993
Nova Scotia Barristers= Society. Legal Ethics and Professional Conduct: A Handbook for Lawyers in
Nova Scotia (Halifax, N.S.: The Society, 1990). KB 265 N935LA 1990
This binder is a compilation of amendments to the first edition of the Handbook, as prepared by the
staff of Library & Information Services. Please ask for assistance in locating this material.
Nova Scotia Barristers= Society. Legal Ethics and Professional Conduct: A Handbook for Lawyers in
Nova Scotia, 2d ed. (Halifax, N.S.: The Society, 1998). KB 265 N935LA 1998
This binder is a compilation of amendments to the second edition of the Handbook, as prepared by the
staff of Library & Information Services. Please ask for assistance in locating this material.
Smith, Beverley G. Professional Conduct for Lawyers and Judges, 3d ed., looseleaf (Fredericton, N.B.:
Maritime Law Book, 2007). KB 265 S643 2007
Woolley, Alice et al. Lawyers= Ethics and Professional Regulation (Markham, Ont.: LexisNexis, 2008).
KB 265 W913 2008
Library & Information Services= Online Resources: The Textbooks/Treatises Catalogue
<http://www.nsbs.org/librarydatabases.php?page=CATQBE> lists all texts available at the Barristers=
Library in Halifax, as well as at county barristers= libraries. To find other texts on professional
responsibility, search the textbooks/treatises catalogue using subject headings such as Adiscipline of
lawyers@, Aethics@, Alaw as a profession@, Alaw societies@, Alawyers@, Alegal ethics@, Alegal profession
act@, Amalpractice@, Apractice of law@, Aprofessional ethics@, Aprofessional negligence@, Aprofessional
responsibility@, Aprofessions@, Aregulation@, and Aself-regulation@.
CLE & CPD
Continuing Legal Education Society of British Columbia. Self-Governing Professions B 2006 Update
(Vancouver, B.C.: CLEBC, 2006). KB 61.A1 C762 2006 / Oversize Collection
Law Society of Alberta. Canadian Lawyers in the 21st Century (Calgary, Alta.: The Society, 2007).
KB 252 L415C 2007 / Oversize Collection
Nova Scotia Barristers= Society, Continuing Professional Development. Professional Regulation
Conference 2007: Current Issues in Self Regulation (Halifax, N.S.: The Society, 2007). KB 135
N935P 2007 / Oversize Collection / available online via Secondary Sources
Nova Scotia Barristers= Society, Continuing Professional Development. Professional Regulation on
the Edge: The Cutting Edge or the Edge of Extinction? (Halifax, N.S.: The Society, 2008). KB 135
N935P 2008 / Oversize Collection / available online via Secondary Sources
Library & Information Services= Online Resources: Secondary Sources
<http://www.nsbs.org/librarydatabases.php?page=2dSourcesAQBE> provides access to a wide range
of secondary sources, including papers presented at Continuing Professional Development and
Continuing Legal Education Society of Nova Scotia conferences. To find other secondary sources on
the topic of professional responsibility, use the advanced search screen with subject headings such as
Adiscipline of lawyers@, Aethics@, Alaw as a profession@, Alaw societies@, Alawyers@, Alegal ethics@, Alegal
profession act@, Aprofessional ethics@, Aprofessional negligence@, Aprofessional responsibility@,
Aprofessions@, Aregulation@, and Aself-regulation@.
Websites
Acts & Regulations of Law Societies in Canada
<http://www.flsc.ca/en/lawSocieties/actRegulations.asp>
The Federation of Law Societies of Canada has created a list of links to the governing legislation of
each law society in the country.
Canadian Bar Association=s Code of Professional Conduct
<http://www.cba.org/CBA/activities/code/>
First adopted by the Canadian Bar Association in 1920, the Code of Professional Conduct plays an
important role in the Canadian legal profession. Some provinces and territories have adopted the Code
of Professional Conduct as their own, while others refer to it in their own codes of conduct.
Guidelines for Practicing Ethically with New Information Technologies
<http://www.cba.org/CBA/activities/pdf/guidelines-eng.pdf>
In September 2008, the Canadian Bar Association (CBA) released the Guidelines for Practicing
Ethically with New Information Technologies. These guidelines supplement the CBA=s Code of
Professional Conduct and provide lawyers with recommended best practices in the use of information
technology in their legal practices.
Your Presence in the E-World: Guidelines for Ethical Marketing Practices Using New
Information Technologies
<http://www.cba.org/CBA/activities/pdf/ethicsguidelines-eng.pdf>
In August 2009, the Canadian Bar Association (CBA) released the Guidelines for Ethical Marketing
Practices Using New Information Technologies. The CBA prepared these guidelines to assist lawyers
in interpreting the CBA=s Code of Professional Conduct in the context of new information technologies,
such as blogs, online social networks, and web-based lawyer referral services.
Law Societies Around the World
<http://rc.lsuc.on.ca/library/research_guides_lawsocieties.htm>
The Great Library at the Law Society of Upper Canada has produced a list of links to law societies, and
other similar regulatory bodies, in the United Kingdom, Ireland, United States of America, Australia,
Europe, Asia, and Africa.
Library & Information Services= Online Resources: Legal Links
<http://www.nsbs.org/librarydatabases.php?page=LLQBE> provides access to legal information on
the World Wide Web. To find other web sites on the topic of professional responsibility, search the
Legal Links database using subject headings such as Aethics@, Alaw as a profession@, Alaw societies@,
Alawyers@, Alegal ethics@, Aliability insurance@, and Aprofessional responsibility@.
Updated: December 2010