The Nova Scotia Barristers' Society is the statutory body charged with the regulation of the
legal profession
Legal profession is a profession in which legal professionals study, develop and apply law. Usually, there is a requirement for someone choosing a career in law to first pass a bar examination after obtaining a law degree or some other form of l ...
in the Canadian province of
Nova Scotia
Nova Scotia is a Provinces and territories of Canada, province of Canada, located on its east coast. It is one of the three Maritime Canada, Maritime provinces and Population of Canada by province and territory, most populous province in Atlan ...
.
The Barristers' Society is a member of the
Federation of Law Societies of Canada
The Federation of Law Societies of Canada () is the national association of the 14 Canadian regulators of the legal profession. The 14 law societies are mandated by the provinces and territories to regulate the legal profession in the public inter ...
, 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
British North America comprised the colonial territories of the British Empire in North America from 1783 onwards. English colonisation of North America began in the 16th century in Newfoundland, then further south at Roanoke and Jamestown, ...
.
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.
The
Legislature of Nova Scotia has enacted the ''Legal Profession Act'', 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".
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.
In addition to setting the requirements for
call to the Bar
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 t ...
and guidelines for law practice in the Province, the Society investigates and adjudicates potential professional misconduct amongst members. An appeal lies to the
Nova Scotia Court of Appeal
The Court of Appeal for Nova Scotia (Nova Scotia Court of Appeal or NSCA) is the highest appeal court in the province of Nova Scotia, Canada. There are currently 8 judicial seats including one assigned to the Chief Justice of Nova Scotia. At any ...
from the decision of the Society, on any question of law raised in disciplinary proceedings.
[''Legal Profession Act'', S.N.S. 2004, c. 28, s. 49.]
References
External links
Nova Scotia Barristers' Society*
', S.N.S. 2004, c. 28
*
*
{{DEFAULTSORT:Nova Scotia Barristers' Society
Law societies of Canada
Legal organizations based in Nova Scotia
1825 establishments in Canada
Organizations established in 1825
1825 establishments in Nova Scotia