APEC economy: Canada; Jurisdiction: New Brunswick
Temporary practice ('fly-in, fly-out' practice)
There is no express rule allowing temporary practice by foreign lawyers.
Limited licensing of foreign lawyers (foreign legal consultant rules)
A foreign lawyer can obtain a limited licence entitling them to offer advisory services in foreign and international law (ie become a foreign legal consultant).
The relevant legislation is the Foreign Legal Consultants Rules and the Law Society Act 1996.
Details of the requirements for qualifying for a limited licence and what a limited licence entitles a foreign lawyer to do are included in the database. The relevant requirements include that the foreign lawyer be a member in good standing of the legal profession in his or her home country, be of good repute, has practised law for at least three complete years, and will submit to the jurisdiction of the Law Society. As to scope of practice, foreign legal consultants may only practise the law of their home jurisdiction, and are prohibited from handling trust moneys.
In order to offer advisory services in foreign and international law, a foreign legal consultant may, but is not required to, enter a commercial association with local lawyers.
As at June 2009, approximately five limited licences had been granted to foreign lawyers in this jurisdiction.
Full licensing
A foreign lawyer can obtain a full licence to practise law in this jurisdiction.
The relevant legislation is the Law Society Act and the general rules under the Law Society Act. The relevant organisation is the Law Society of New Brunswick.
In order to obtain a full licence to practise law in this jurisdiction, foreign lawyers must apply to the National Committee on Accreditation for evaluation of their legal credentials and experience. The National Committee on Accreditation establishes educational and practising criteria an applicant must meet to be considered for admission to the Law Society. The Law Society of New Brunswick's general rules also speak specifically to the applications by foreign lawyers: Further material is included in the database. These requirements are different from the rules applicable to a local applicant, in that applicants with the Canadian common law degree may apply directly to the Law Society.
Commercial association between lawyers and law firms
In this jurisdiction:
- local lawyers may be employed by another local lawyer of a local firm;
- local lawyers may be employed by a foreign lawyer or foreign firm;
- foreign lawyers may provide services in some other form of commercial association with local lawyers;
- foreign firms are permitted to establish a commercial presence (a permanent office) to offer advisory services in foreign and international law. Other form of practice requirements is detailed in the database.
Other regulatory issues
In this jurisdiction:
- there are specific rules in relation to advertising. These rules are addressed in Chapter 16 of the Code of Professional Conduct. Lawyers may advertise subject to a requirement that the advertising is done in a way that upholds the dignity, independence and integrity of the legal profession in the administration of justice. This basic rule is supplemented by commentary that more specifically prescribes what is permitted;
- The Foreign Legal Consultants Rules state that when advertising or otherwise marketing a foreign legal consultant must use the term “foreign legal consultant, state the jurisdiction in respect of the law of which he or she is qualified to give legal advice and state the professional title applicable to him or her in that jurisdiction;
- A foreign legal consultant also must not use any designation or make any representation from which a person might reasonably conclude that the foreign legal consultant is a member of the law society.
Contacts
| Category | Name | Website or other contact details |
|---|---|---|
| Organisation(s) that controls licensing of lawyers | Law Society of New Brunswick | www.lawsociety-barreau.nb.ca |
| Peak professional association representing the legal profession | Canadian Bar Association - New Brunswick Branch | www.cba.org/nb |
| Other associations playing a significant role in developing policy for the legal profession | Federation of Law Societies of Canada | www.flsc.ca |
Other issues
In Canada, regulation of the legal profession is the exclusive responsibility of the Provincial and Territorial Law Societies. Law Societies are mandated by provincial law and territorial legislation to regulate the profession in the public interest. This includes setting rules governing admission to the profession. As such, the regulation of foreign lawyers who wish to practise in Canada is governed by the rules of the individual Law Societies. Law Societies are not representatives of, or advocates for, the profession. That role is fulfilled by organisations such as the Canadian Bar Association and its branches.