REQUEST FOR MEMBER FEEDBACK

FEDERATION OF LAW SOCIETIES MODEL CODE:  COMMNICATING WITH WITNESSES GIVING EVIDENCE


Dear Fellow APTLA Members:

Re: Model Code Task Force

The Federation of Law Societies has approved a Model Code of Conduct for Canada. The model code has now been referred to the Nova Scotia Bar Society to consider adoption of the code.

The model code task force has sought input from the Atlantic Provinces Trial Lawyers Association regarding proposed rule 4.04(2) Communicating With Witnesses Giving Evidence.

Nova Scotia’s current Legal Ethics Handbook specifically prohibits communication with the witness in any matter while the witness is under oath. The proposed rule 4.04(2) permits communication with the witness until cross examination begins and in certain other circumstances such as if a new matter arises. The rule can be taken to apply to both court and discovery proceedings.

I have attached a copy of proposed rule 4.04 in its entirety. I would ask that you provide us with your feedback regarding the proposed rule. If you have any questions, comments or concerns that should be communicated to the model code task force, I would ask that you would direct your communications to Libby who will consolidate the information for submission to the model code task force.

The task force has requested that APTLA provide its feedback on or before January 31, 2011. In order to allow the board to consider all the submissions we would ask that you provide any feedback to Libby on or before January 26, 2011.

Your input is important and we look forward to hearing from you.

Download the proposed Rule 4.04 HERE.

Sincerely,

JOHN A. McKIGGAN
President A.P.T.L.A.


 

NOVA SCOTIA BARRISTERS' SOCIETY REQUEST FOR MEMBER FEEDBACK


Council of the Nova Scotia Barristers’ Society is considering a proposal to implement mandatory continuing professional development for all practising lawyers, in line with the current practices across Canada and in other self-regulated professions.
 
If adopted, the mandatory regime will require all practising lawyers to complete 12 hours of Mandatory Continuing Professional Development (MCPD) per year, with an annual reporting requirement and a suggested start date of July 2012.
 
The MCPD must be relevant to the member’s practice of law, and include at least two hours in each of three areas: Substantive Legal Education and Skills Development, Risk and Practice Management, and Professionalism. The Society would also continue to recommend that lawyers engage in 50 hours of self-learning/self-study annually in addition to the mandatory CPD, as it has since 2006.
 
The views of lawyers are essential to ensure all perspectives are considered. They have a discussion paper available for review. Council has requested feedback by February 28, 2011.

Download the discussion paper here.

APTLA would be happy to collect responses and provide them to NS Bar Council on behalf of our Members. Please give your feedback to our Executive Director, Libby Kinghorne, on or before February 21st.