Estate Planning

National Mobility Agreement

By Hull and Hull LLP

Lawyers called to the Bar in one province who want to practise in another province in Canada can now generally do so with ease, thanks to a series of agreements reached among the provincial law societies. They are:

• The National Mobility Agreement
• The Territorial Mobility Agreement
• The Quebec Mobility Agreement

With the adoption of these three agreements, there are now avenues available for lawyers to work permanently in all provinces and territories, and temporarily in all provinces.

Lawyers who:

• are entitled to practise in a signatory jurisdiction that has implemented the National Mobility Agreement;
• have liability insurance and defalcation coverage; and
• have no outstanding criminal or disciplinary proceedings, no discipline record, and no restrictions or limitations on the right to practice, may provide legal services in or with respect to the law of a reciprocating jurisdiction for up to 100 days in a calendar year, without a permit. They do not have to advise the host law society that they are providing legal services on a temporary basis in or with respect to the law of that jurisdiction.

If a lawyer establishes an "economic nexus" with a jurisdiction he or she becomes ineligible for temporary mobility, but may apply to transfer to the jurisdiction (Permanent Mobility). An economic nexus is established when the lawyer does anything inconsistent with temporary mobility, including:

• Providing legal services for more than 100 days;
• Opening an office from which to serve the public;
• Opening and operating a trust account; and
• Becoming a resident in the jurisdiction.

Lawyers interested in exercising temporary or permanent mobility should communicate with the law society of the province or territory for complete information. The contact information for the law societies is available here.

Have a great weekend,

Natalia R. Angelini- Click here for more information on Natalia Angelini.

Full post as published by Toronto Estate Law Blog on January 14, 2011 (boomark / email).