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Temporary Mobility Under National Mobility Agreement

A visiting lawyer who is a member of a governing body that has signed and adopted the provisions of the National Mobility Agreement and who qualifies under rule 7.03A(3) may provide legal services without a permit for a maximum of 100 days in any calendar year. To practice on a temporary basis, the visiting lawyer must at all times:

  1. be entitled to practise law in a home jurisdiction;
  2. carry liability insurance that
    1. is reasonably comparable in coverage and limits to that required under rule 10.05 and
    2. extends to the lawyer’s temporary practice in this province;
  3. have reasonably comparable defalcation compensation coverage from a governing body that extends to the lawyer’s practice in this province;
  4. not be subject to conditions of or restrictions on the lawyer’s practice or membership in the governing body in any jurisdiction imposed as a result of or in connection with proceedings related to discipline, competency or capacity;
  5. not be the subject of criminal or disciplinary proceedings in any jurisdiction;
  6. have no disciplinary record in any jurisdiction; and
  7. not establish an economic nexus with this province, contrary to rule 7.08A.

Visiting lawyers should also be aware of the requirements of rule 7.04A, which is reproduced below:

7.04A (1) The Act, these Rules and the Code of Professional Conduct apply to and bind a visiting lawyer providing legal services.

(2) It is the responsibility of a visiting lawyer providing legal services to

  1. record and verify the number of days in which he or she provides legal services, and
  2. prove that he or she has complied with these Rules.