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:
- be entitled to practise law in a home jurisdiction;
- carry liability insurance that
- is reasonably comparable in coverage and limits to that required under rule 10.05 and
- extends to the lawyer’s temporary practice in this province;
- have reasonably comparable defalcation compensation coverage from a governing body that extends to the lawyer’s practice in this province;
- 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;
- not be the subject of criminal or disciplinary proceedings in any jurisdiction;
- have no disciplinary record in any jurisdiction; and
- 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
- record and verify the number of days in which he or she provides legal services, and
- prove that he or she has complied with these Rules.