Nova Scotia Annotated Civil Procedure Rules

Part 8 - Counsel, Parties, and Claims

Rule 33 - Counsel

Educational Notes

This Rule governs the process by which a lawyer becomes or is removed as counsel of record. It replaces the previous R.44. The Rule makes two major changes to practice:

  1. A lawyer who is discharged by a client must still complete all tasks the lawyer undertook, or was directed, to perform for the court, including drafting an order (R.33.10(1)). If there is a pending court date the lawyer must appear personally and seek to be removed, unless a notice of new counsel is filed or the judge permits otherwise (R.33.10(2)); and
  2. A lawyer who wishes to withdraw must make a motion to be removed as counsel of record (R.33.11(1)). This is consistent with the previous R.44.06 but counsel did not often comply with the previous Rule.

33.05 - Discharge of counsel

33.05 Discharge of counsel

(1)   A party who discharges counsel and retains new counsel must, through the new counsel, immediately file a notice of new counsel.

(2)   A party who discharges counsel and acts on their own must file a notice of intention to act on one’s own.

(3)   The designated address for delivery of documents to a party does not change until the notice of change of solicitor, or the notice of intention to act on one’s own, is filed.

Index Terms
  • After discharging counsel
  • Change of counsel
  • Counsel of record, discharge or removal
  • Discharge of counsel, client to act on their own
  • Form 33.06, Notice of New Counsel
  • Notice of New Counsel
  • Notice of New Counsel, Form 33.06
  • Party acting on own after discharging counsel
  • Retaining new counsel