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The Court of Appeal of New Brunswick is the highest provincial court. The Court of Appeal of New Brunswick hears appeals from:
The Court of Queen’s Bench of New Brunswick is the superior trial court of New Brunswick. It consists of 17 judicial seats plus a number of part-time justices who gain their status after many years of service and have attained retirement eligibility. Eight judicial seats are assigned to the family court.
The New Brunswick system consists of eight judicial districts based on counties.
The Probate Court of New Brunswick deals with matters of probate and the administration of estates. The court administers the assets of a decedent, enforces a valid will, and provides a fair distribution of assets for people who die without a will.
The Provincial Court of New Brunswick is the lowest trial court in New Brunswick. It hears cases relating to criminal law and other statutes. The provincial court has 22 judges, 9 part-time judges, and two per diem judges.
New Brunswick also has a Mental Health Court located in Saint John. The Mental Health Court service intends to address the needs of people with mental health issues in the criminal justice system. Services include treatment and support for individuals released from correctional institutions who have a complex history of involvement in the justice system. The court also helps individuals who are at serious risk of criminal behavior.
The Chief Justice of New Brunswick serves at the head of the court structure. The Chief Justice is a member of the Court of Appeal, the highest court in the Province which includes five other judges and any part-time judges. The Court of Appeal generally hears cases in the provinces’ capital, Fredericton. The Governor General in Council appoints the Chief Justices and other judges to the Court of Appeal.
You can use LegalMatch to search our attorney directory for information about lawyers in New Brunswick. Our database provides information about a lawyer’s area of practice.
A contingency fee depends on the outcome of your case. A contingency fee is a contract with a lawyer where the fee paid to the lawyer is a percentage of the amount recovered for your case.
New Brunswick lawyers cannot charge contingency fees for family files or criminal matters. New Brunswick lawyers have an approved contingent fee agreement form and a maximum percentage allowed.
If you’re hiring a lawyer in New Brunswick, the lawyer may help you obtain a file from another lawyer on your behalf. In some situations, a lawyer may not keep your file. In other cases, a lawyer can put a lien on your file.
For example, if you owe fees or disbursements that are not yet paid, your lawyer might put a lien on your file. You may file a complaint if you think you are entitled to your file, but you and your New Brunswick lawyer are having trouble obtaining it.
For the Law Society to assist you in filing a complaint, you must communicate the complaint in writing. The Law Society Act of 1996 sets out the complaints process that must be followed by New Brunswick Law Society staff. The Law Society does not provide a way to settle a dispute without a complaint.
Each person must decide for themselves whether or not to file a complaint. The Law Society of New Brunswick is not permitted to answer this question for you, but reading about the complaint process may help you decide whether you should file a complaint against your New Brunswick lawyer.
The Law Society of New Brunswick accepts and investigates many types of complaints against New Brunswick lawyers. Once received, complaints are assessed by the Registrar of Complaints, who will write back to you to inform you whether or not the complaint will proceed. If the Registrar feels the complaint is without merit, an investigation will be conducted. The Registrar will never inform a New Brunswick lawyer of your complaint.
On the Law Society of New Brunswick’s discipline cases page, you can find a New Brunswick lawyer’s public history. All public complaints against New Brunswick lawyers are listed there. If the New Brunswick lawyer you are inquiring about is not listed on the page, then there are no public discipline matters relating to that lawyer.
Private discipline proceedings may or may not exist, but they would not be included on the discipline cases page. Without the lawyers’ consent, the New Brunswick Law Society staff cannot discuss any matter that does not appear on the discipline cases page or even disclose whether or not there are additional matters listed.
If you have concerns about your New Brunswick lawyer’s bill, your first step should be to contact your lawyer to discuss the concerns about the account. You may ask for a detailed or itemized invoice if you do not already have one. Your lawyer may provide additional explanations that will alleviate some of your concerns.
If you are not satisfied with your New Brunswick lawyer’s explanations, you may wish to have the bill reviewed. The review process allows the client or lawyer to have a bill or series of bills assessed by an independent third party called a Reviewing Officer. The officer has the power to reduce the bill when appropriate or confirm that the bill is fair and reasonable. If a reviewing officer reduces a bill that has already been paid, the New Brunswick lawyer must repay the appropriate amount to the client.
If you wish to have your bill reviewed, contact the New Brunswick Law Society immediately to begin the review process. If the review process is not begun within the time allowed, it may be impossible for an officer to complete the review. You must request a review to start the process within 120 days after the date the bill was received.
New Brunswick lawyers must start the process within 120 days after the payment due date on the bill, or if no date is stated, within 120 days after the date of the bill. In the case of a paid bill, either party may request a review within 120 days after the date the bill was paid.
If you are trying to find a lawyer in New Brunswick, consider using LegalMatch. There is no fee to schedule a consultation. An attorney can assist you in determining your legal rights and options moving forward.