Is the Law Society open? Are all Law Society staff members working from home?
The Law Society building is not open to members or the public. Most Law Society staff are either already working from home or are transitioning to working from home. Staff have network access so that the work of the Law Society can continue as usual with some modifications.

Will anyone be available at the Law Society offices?
Yes. A receptionist will be present at the offices to answer incoming calls and manage deliveries from couriers. If you need to deliver forms, filings or other communications, either

• do so electronically via email to thelawsociety@lsnl.ca and/or bgrimes@lsnl.ca and forward the originals by mail to the Law Society; or
• put them in the secure red mail drop box located in the front porch of the Law Society offices.

Members are encouraged to use electronic means where possible.

Is the Law Society extending or waiving any filing or payment deadlines?
Some requirements have been modified. The first quarter transaction levy due date has been extended to July 30, 2020. This is the scheduled due date for second quarter remittances so members should submit both quarters by July 30, 2020. Both quarters should be reported individually as usual and not be combined on the same summary form. If you have any questions regarding the Transaction Levy, please contact Lisa Kennedy at lkennedy@lsnl.ca

Other filing and payment deadlines have not changed – documents can be filed via email to thelawsociety@lsnl.ca and/or bgrimes@lsnl.ca. The originals should also be sent to the Law Society by mail. If it is not possible to send a document electronically, you may drop it off in the secure red mail drop box located in the porch of the Law Society offices.

What if I need to file a document with the Law Society?
Documents should be filed electronically by sending them to thelawsociety@lsnl.ca and/or bgrimes@lsnl.ca. The originals should also be sent to the Law Society by mail. If it is not possible to send a document electronically, you may drop it off in the secure red mail drop box located in the porch of the Law Society offices.

What if I have a payment for the Law Society?
Payments may be delivered to the Law Society by placing it in the secure red mail drop box in the porch of the Law Society offices. Please do not put cash in the drop box.

Is the Law Library open to members? To the public?
No. Members and the public do not have access to the library until further notice. Library staff will be available, however, to provide reference assistance and supply books during regular business hours. Library staff will also continue to provide a scanning service to members (see more information on this page). Members who would like assistance or materials must contact the library (telephone at (709) 753-7770 or email at lawlibrary@lsnl.ca).

Can I take books out of the Law Library?
Whether members are permitted to take a book out of the library will be assessed on a case-by-case basis and will depend on a variety of factors. Contact the library for assistance (telephone at  (709) 753-7770 or at email lawlibrary@lsnl.ca).

I have loans from the Law Library that I need to return. How can I return them?
Members can return books in the secure blue book drop box located in the porch of the Law Society offices. Loose-leaf binders should be placed in the cardboard box above the blue book drop box. There will be no other access to the library for returns.

Can library staff help me with research or finding a book?
Yes. Although access to the library is restricted, library staff are still available to answer questions and assist with research. Please contact the library for more information (telephone at (709) 753-7770 or at email lawlibrary@lsnl.ca).

Can members of the public still make complaints about lawyers?
Yes. Law Society staff are working remotely and will continue to accept complaints about lawyers.

Are meetings scheduled to be held at the Law Society offices going ahead?
Meetings will not be physically held at the Law Society offices but they may still go ahead via videoconference or teleconference. Members and others involved in those meetings will be contacted by Law Society staff and/or the person who organized the meeting.

Is there someone at the Law Society that I can talk to about a practice issue?
Yes. You may contact the Law Society and you will be directed to a staff member that will assist you.

Have Law Society disciplinary proceedings such as tribunal hearings been cancelled?
No. Disciplinary proceedings will be conducted via teleconferencing and videoconferencing technology. Individuals involved in these proceedings will be contacted by Law Society staff.
Notice of hearings will be published in the normal course on the Law Society’s website.

Are the courts open? Are trials going ahead?
Information about court operations can be found on each court’s website:

Provincial Court of Newfoundland and Labrador: https://court.nl.ca/provincial/
Supreme Court of Newfoundland and Labrador (General Division): https://court.nl.ca/supreme/general/index.html
Supreme Court of Newfoundland and Labrador (Family Division): https://court.nl.ca/supreme/family/index.html
Court of Appeal of Newfoundland and Labrador: https://www.court.nl.ca/appeal/

How is WASH court being conducted?
Information about WASH court can be found on this page under the heading ‘Updates – Provincial Court of Newfoundland and Labrador’. You may also review information posted on the Provincial Court’s website: https://court.nl.ca/provincial/

I have an urgent filing for the Supreme Court – can I file it? What should I do?
The court has provided some guidance – please visit its website: https://court.nl.ca/supreme/

One of my files has an imminent limitation period/statutory deadline in the Supreme Court – will the court accept my filing?
The court will accept certain filings and it has also provided information about the extension of deadlines – please visit the COVID-19 Information page on its website for more information.

You should also consult the Temporary Variation of Statutory Deadlines Act which was part of the COVID-19 Pandemic Response Act that received Royal Assent on March 26, 2020.

Where can I find information about what changes the courts in other provinces and territories have implemented because of COVID-19?
Please check the website of each court for up-to-date information on the measures they are taking.

Given that lots of people are working from home, how do I serve documents on Her Majesty in Right of Newfoundland and Labrador?
The Department of Justice and Public Safety has provided some guidance that can be found on this page under the heading ‘Updates – Provincial Government’.

Will the courts accept documents that are not sworn?
Both the Supreme Court and the Court of Appeal have relaxed their rules. Here is the guidance provided by the Supreme Court on March 20, 2020:

“Where it is not possible to obtain a signature from a person authorized to administer oaths, parties may file unsworn/unaffirmed affidavits or documents without that signature. The Court may require that a party/affiant participate in a telephone or videoconference hearing to swear/affirm to facts contained in an affidavit or other document. The Court may require original documents to be filed before granting any order.”

The Court of Appeal stated the following on March 18, 2020:

“Documents requiring a signature from a commissioner for oaths may be submitted electronically without that signature where a party does not have access to a person who is a commissioner for oaths. As soon as practicable, parties must file with the Court the original document signed by a commissioner for oaths.”

If any of the courts provide further guidance, the Law Society will forward it to members. You may also wish to check all of the court’s websites from time to time for other updates:

Provincial Court: https://court.nl.ca/provincial/
Supreme Court: https://court.nl.ca/supreme/
Court of Appeal: https://www.court.nl.ca/appeal/

Is the Commercial Registrations Division operational?
Please see the notice distributed by the Law Society to its members on behalf of Dean Doyle, Director of Commercial Registrations, found here.
As further information becomes available, it will be broadly communicated to the profession.

I need a legal clearance from WorkplaceNL – are its offices open?
A notice from WorkplaceNL about legal clearances is found on this page under ‘Updates – Provincial Government’.

Are my clients relieved of paying child support during this pandemic?

The Support Enforcement office has provided some information for payors and recipients of support. Please see the Support Enforcement website for more information:

https://www.gov.nl.ca/jps/childsupport/support-enforcement/#6

What kinds of family matters does the Supreme Court consider urgent?

The Supreme Court has provided some information on how to interpret “urgent”:
https://court.nl.ca/supreme/family/pdf/Covid%2019%20-%20(FJS)%20Custody%20and%20Access%20Information.pdf

2020 04 28 – Notice to the Profession and General Public – Family Matters

For more information on the changes at the Supreme Court due to COVID-19, please see its websites:

Family Division: https://court.nl.ca/supreme/family/index.html
General Division: https://court.nl.ca/supreme/general/index.html

What happens if services and partners integral to providing legal services (e.g. courts, government offices) close due to the COVID-19 outbreak?
The Law Society is proactively monitoring and responding to the impact of COVID-19. As information becomes available, it will be broadly communicated to the profession. Where possible and appropriate, the Law Society will provide guidance as issues arise.

Will the CLE requirements be reduced or waived for this year?
At this time, the mandatory CLE requirements continue to apply. The Law Society continues to monitor the COVID-19 outbreak and its impact on all aspects of its operations. If any changes are made to the mandatory CLE requirements, it will be broadly communicated to members.

Are CLE programs cancelled?
Yes, all current CLE programs have been cancelled for the time being. Efforts are being made to reschedule live programs or deliver them by webcast.

What if I have already registered for a CLE program – will I get a refund because it has been cancelled?
Members who have registered for any CLE seminars have two options:

1. Members may request a refund or return of their cheque by contacting Andrea Mercer via email: amercer@lsnl.ca. Please bear with us as it may take some time to process these requests.
2. Members can maintain their registration for any CLE programs, pending further information regarding the timing and delivery of these programs.

Members may request a refund at any point prior to the ultimate delivery of the CLE seminar and all deadlines specified in previous notices or correspondence are hereby waived.

This whole situation is quite stressful and I’m feeling anxious. What can I do?
If you are experiencing concern and/or anxiety regarding the spread and/or impact of COVID-19 you are encouraged to reach out to the Professionals’ Assistance Program.

Homewood Health, the Law Society’s service provider, has already issued a notice regarding COVID-19: https://lsnl.ca/a-message-from-homewood-your-professional-assistance-provider/

Please find the contact information for Homewood at: https://lsnl.ca/lawyers-students/wellness-program/

How can I protect myself from getting COVID-19?
The World Health Organization, Government of Canada and Provincial Government have made recommendations on how to protect yourself and others from contracting and spreading COVID-19.

Some basic recommendations are:

• wash your hands often with soap and warm water for at least 20 seconds;
• use approved hand sanitizers (alcohol based);
• avoid touching your face/mouth, especially with unwashed hands;
• avoid close contact with people and animals if illness is suspected;
• stay at home if you are sick;
• cough into a tissue or your elbow and then wash your hands immediately;
• frequently clean and disinfect high-touch areas such as toilets, bedside tables and door handles with diluted bleach or a regular household cleaner; and
• contact 811 if you develop a fever, cough or have difficulty breathing.

What should I be doing at the office to help reduce the spread of COVID-19?
Preparing for a public health event should be part of your own firm or organization’s business continuity planning. Having a plan will save valuable time and resources later. Some simple tips to consider include:

• increase work area hygiene by cleaning door handles, desks, phones, etc. daily;
• suspend conventional business etiquette such as hand shaking;
• limit in-person meetings by leveraging technology, e.g. video conferencing;
• plan for removal of work access and ensure staff have the access and tools needed;
• notify clients and customers if work hours or your operations change;
• keep your voicemail, website and/or social media updated regarding changes to your operations; and
• review sick leave benefits and discuss with your staff in case self-quarantine is required.

This is not a complete list as there are many things to consider in your business continuity planning, but it’s a start.

Loss Prevention Tips #36 and #37 which were sent out to the membership by the Insurance Programme are also instructive:

https://lsnl.ca/loss-prevention-tip-36/
https://lsnl.ca/loss-prevention-tip-37/

Here are some additional resources:

Succession Planning for Unplanned Absences: https://lsnl.ca/lawyers-students/practicing-status/succession-planning/
Closing your Practice: https://lsnl.ca/lawyers-students/practicing-status/closing-your-practice/
Disaster Planning and Recovery (Law Society of Alberta): https://www.lawsociety.ab.ca/resource-centre/disaster-planning-and-recovery/
When Bad Things Happen to Good Lawyers: Contingency Planning Guide (Law Society of Alberta): https://dvbat5idxh7ib.cloudfront.net/wp-content/uploads/2017/01/22203930/When-Bad-Things-Happen-to-Good-Lawyers.pdf
Pandemics and the Workplace: a Resource for Lawyers (Canadian Bar Association): https://www.cba.org/getattachment/Sections/Labour-Employment/Resources/Resources/2014/Pandemics-and-the-Workplace-A-Resource-for-Lawyers/PandemicEng.pdf
Pandemic Preparedness for Business (Canadian Chamber of Commerce): http://www.chamber.ca/resources/pandemic-preparedness/BusinessPrepGuidePanPrep2020

Are there special considerations for my practice if I’m going to work from home?
If lawyers choose to work remotely, they should consider whether all the key information they require is readily accessible and current. This includes client contact information, client files, staff and service provider contact information, bank account information, and passwords for personal and staff voicemail, computers and emails.

Lawyers should also consider how they will:

• keep client information confidential from family members or others;
• communicate with clients;
• secure and receive deliveries to their offices; and
• continue to delegate to, and appropriately supervise, staff.

Consider these practices and tips if working from home:

• protect your passwords;
• lock your computer if leaving it unattended;
• work in a private area, particularly if you are video-conferencing or dialing into meetings;
• safeguard physical records and documents – ensure that the information is only visible to you and emphasize to others that no one else is permitted to look at the documents. Lock them away if necessary;
• avoid downloading firm or client documents onto home computers and devices where they can be accessed by others; and
• be alert to cyber-security hazards and phishing, particularly in a disrupted environment. Home computer systems may also not have the same security levels as those in the office. If possible, it is best for staff to work remotely using a work-issued laptop with updated security. If not, they should ensure they have updated security and are using strong passwords.

If other staff will also be working remotely, lawyers must also ensure that they are able to maintain confidentiality in doing so.

I think I may have contracted COVID-19 – what should I do?
All residents of the province are urged to follow the advice of the Department of Health and Community Services. More information, including a self-assessment tool and guidance on when to seek help, can be found here.

What if I can’t continue to manage my practice because of illness?
In the event that a lawyer is unable to continue to manage his or her practice due to illness, he or she should have a power of attorney with respect to his or her law practice in place. For more information, see https://lsnl.ca/lawyers-students/practicing-status/succession-planning/. You may also want to consult contingency planning guides found in other jurisdictions, such as the Law Society of Ontario’s Contingency Planning Guide for Lawyers and the Law Society of Alberta’s When Bad Things Happen to Good Lawyers: Contingency Planning Guide.

Lawyers should also consider what specific tasks are impacted if staff are unable to attend the office and ensure that coverage is provided so that clients are not prejudiced.

What should I do if I decide to change my hours of business or there are other firm changes?
If lawyers are changing their business hours, if alternative means of communication will be used or there will be delays to communication, or if other changes to firm operations are anticipated, lawyers should communicate this information to clients and staff as soon as practicable. Lawyers may consider using email updates, notices on their websites, or other means, as appropriate, based on the needs of their clients and staff.

Are my professional obligations reduced or modified in the context of COVID-19?
Lawyers’ professional obligations continue to apply. If you wish to discuss a practice management issue with a member of the Law Society staff, please contact the Law Society.

I’m concerned about my professional liability – who should I contact?
For questions about professional liability in the context of COVID-19, lawyers should contact the Insurance Programme at (709) 722-6008 or by email at insurance@lsnl.ca

Keep in mind that all insured members are required to report a claim or potential claim as soon as practicable after learning of it. More information can be found here on the Law Society’s website.

How can I communicate effectively with my client while practising social distancing?
In the context of COVID-19, public health best practices include social distancing. Lawyers should consider conducting routine meetings with clients by phone or using video-conferencing options such as Zoom, Skype, Facetime and other platforms to comply with public health recommendations about social distancing. It is also important for lawyers to be aware of the types of engagements with clients that in typical circumstances would require an in-person meeting and that in the context of COVID-19 require a heightened risk-based approach if an in-person meeting is not going to be conducted.

Lawyers should be mindful of their obligations to communicate effectively with clients in selecting an alternative means of communication. Commentary [3] to Rule 3.2-1 of the Code of Professional Conduct provides that what is effective communication with the client will vary depending on the nature of the retainer, the needs and sophistication of the client, and the need for the client to make fully informed decisions and provide instructions.

In the context of COVID-19, if lawyers choose to change their means of client communication, they should consider notifying clients about the alternative means of communication that they intend to use as soon as practicable.

What can I do to reduce the risk of exposure to COVID-19 if I must meet with clients or others?
In some situations, it may not be possible to avoid meeting with clients and others. Lawyers should therefore consider taking precautions to minimize the risk of exposure to COVID-19. This includes hand hygiene, respiratory etiquette, environmental cleaning and social distancing. Examples of good social distancing include avoiding common greetings such as shaking hands and keeping a distance of at least 2 metres from others. For more information, review the recommendations set out in these public health resources provided by the Government of Canada and consider implementing them:

• Coronavirus Disease: Being Prepared
• Coronavirus Disease (COVID-19): Prevention and Risks

The Department of Health and Community Services also has helpful information on its COVID-19 webpage.

In the context of COVID-19, can a lawyer fulfil the requirements for client identification and verification over the phone or video?
Due to the recent outbreak of COVID-19, the Law Society understands that members may face challenges in meeting their obligations under the anti-money laundering and terrorist financing rules. While we continue to expect that members will do everything possible to meet all of their obligations, we recognize that it may be challenging to verify a client’s identity where the member and his/her client are unable to meet in person.

Members are reminded that the rules permit members to verify a client’s identity by two methods that do not require meeting face to face with the client – the dual process method or using information in a client’s credit file.

In addition, members should consider whether they may be able to rely upon the previous verification by another person (for example, a real estate agent) as permitted under the rules.

If however, a member is unable to available himself or herself of any other method, in these unique circumstances and as a last resort, the Law Society will take a reasonable approach in its compliance activity if the member were to conduct the verification of the client’s identity by using video conference technology, provided that:

• the member can be reasonably satisfied that the government issued identification is valid and current;
• the member can compare the image in the government issued identification with the client to be reasonably satisfied that it is the same person;
• the member records, with the applicable date, the method by which the member verified the client’s identification;
• the member treats the transaction as a high-risk transaction and continues to monitor the business relationship as a high-risk transaction; and
• the member documents the efforts that were made to verify the client’s identity in accordance with the existing rules and the reasons why the member was unable to verify the client’s identity in accordance with the existing rules.

Members are reminded that fraudsters look to take advantage of unusual circumstances such as are being addressed here, and therefore, if a transaction presents too much of a risk, members should decline to act. For more information about risks, you may also want to consult the Federation of Law Societies’ Risk Advisories for the Legal Profession resource.

This guidance is intended to assist members experiencing challenges complying with the Client Identification and Verification Rules as a result of the COVID-19 pandemic. The guideline will remain in effect until further notice by the Law Society.

Can I commission a document remotely?

The requirements for administering an oath continue to apply but have been modified through the enactment of the Temporary Alternate Witnessing of Documents Act and Rule 18 of the Rules of the Law Society.

It should also be noted that both the Supreme Court and the Court of Appeal have relaxed their rules. Here is the guidance provided by the Supreme Court on March 20, 2020:

“Where it is not possible to obtain a signature from a person authorized to administer oaths, parties may file unsworn/unaffirmed affidavits or documents without that signature. The Court may require that a party/affiant participate in a telephone or video conference hearing to swear/affirm to facts contained in an affidavit or other document. The Court may require original documents to be filed before granting any order.”

The Court of Appeal stated the following on March 18, 2020:

“Documents requiring a signature from a commissioner for oaths may be submitted electronically without that signature where a party does not have access to a person who is a commissioner for oaths. As soon as practicable, parties must file with the Court the original document signed by a commissioner for oaths.”

If any of the courts provide further guidance, the Law Society will forward it to you. You may also wish to check all of the court’s websites from time to time for other updates:

Provincial Court: https://court.nl.ca/provincial/
Supreme Court: https://court.nl.ca/supreme/
Court of Appeal: https://www.court.nl.ca/appeal/

If you have questions about any of this information, please contact Brenda B. Grimes, QC, Executive Director of the Law Society, at bgrimes@lsnl.ca or (709) 722-4795.

Have the requirements for executing a will been relaxed in light of the requirement for social distancing?

The requirements for executing a will continue to apply but have been modified through the enactment of the Temporary Alternate Witnessing of Documents Act and Rule 18 of the Rules of the Law Society.

You may still need to witness a will in person – guidance on this topic was outlined in a broadcast that can be found on this page under “Requirements under the Wills Act”.

What about client capacity? Can I assess it remotely?
Lawyers should continue to consult the relevant legislation and case law that govern capacity, and consider whether or not they have the ability to adequately assess a person’s capacity through remote means, such as on video conferencing or telephone.

The legislation applicable will depend on the context of the matter. Section 3.2-9 of the Code of Professional Conduct and its commentary also provide guidance on dealing with clients with diminished capacity.

In using video conferencing or telephone as the exclusive means of communicating with a client, lawyers should also assess whether there is a risk that the client may be subject to undue influence or duress.

Have limitation periods and deadlines been altered in light of the COVID-19 pandemic?

This issue was addressed in the Temporary Variation of Statutory Deadlines Act passed in the House of Assembly – this Act was part of the COVID-19 Pandemic Response Act that received Royal Assent on March 26, 2020.

The Supreme Court also issued guidance on the extension of deadlines – it is found on the Court’s page dedicated to updates on COVID-19 along with other important updates from the Court.

If I use video conferencing, what are some best practices I should keep in mind?
When using video conferencing for the provision of legal advice or services, it is recommended that lawyers do the following in addition to their normal practice for client meetings and telephone calls:

• confirm the client’s consent to proceed in this manner.
• ask that all individuals in the remote location introduce themselves.
• ensure that there is no one else at the remote location who may be improperly influencing the client.
• make sure that audio and video feeds are stable and that you can hear and see all parties.
• confirm the client’s understanding about the services they are receiving and provide adequate opportunity for them to ask questions.
• where identification is produced to support verification of identity, ensure that a copy of the document is sent to you in advance of the online meeting and that when it is produced that the entire document is visible and legible.
• maintain detailed records including: date, start and end time, method of communication, identity of all present, and minutes of content of meeting.
• consider whether there are any red flags. For a list of some red flags to consider, see the Federation of Law Societies’ Risk Advisories for the Legal Profession resource.

Can I use an electronic signature to execute documents?
This is a substantive legal issue which is context specific and the Law Society does not regulate how documents are executed. Lawyers should review applicable legislation to determine if electronic signatures are permitted in the context of their matters.

It seems like there are legal issues (e.g. limitation periods and being physically present to witness a will) which could be addressed through legislative change or direction from the Court – does the Law Society know if the Courts or the Department of Justice and Public Safety is contemplating any changes?
The Law Society has contacted the Department of Public Safety and the Courts regarding the issues raised by the profession and updates will be provided to lawyers when they become available. A summary of the messages sent to the members can also be found below under the following headings:

Updates – Supreme Court of Newfoundland and Labrador
Updates – Newfoundland and Labrador Court of Appeal
Updates – Provincial Court of Newfoundland and Labrador
Updates – Provincial Government
Updates – Federal Government

Is my trial going ahead?
Court operations are not managed by the Law Society. Information about court operations and the impact of COVID-19 can be found on each court’s website:

Provincial Court of Newfoundland and Labrador: https://court.nl.ca/provincial/
Supreme Court of Newfoundland and Labrador (General Division): https://court.nl.ca/supreme/general/index.html
Supreme Court of Newfoundland and Labrador (Family Division): https://court.nl.ca/supreme/family/index.html
Court of Appeal of Newfoundland and Labrador: https://www.court.nl.ca/appeal/

Am I still able to make a complaint against a lawyer?
Yes. Law Society staff are working from home but are still able to take complaints about lawyers. Please contact the Law Society for more information.

Is the Law Library open to the public?
No. Members and the public do not have access to the library until further notice.