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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
Satisfied Customers: 2263
Experience:  25 years in practice
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Thank you again response. I believe that the use

Customer Question

Thank you again for your response. I believe that the use of designation marks on any stationery, card or listing IS ALWAYS intended to get a financial advantage over anyone without such marks. Does your answer still apply if the designation WAS active but has fallen into an INACTIVE status yet it is still being used? We have a number of designees who have fallen into an inactive status but still use the CBC marks. I just need to be certain when I say that continuing us of the marks is misrepresentation and/or fraud.
Submitted: 2 years ago.
Category: Canada Law
Expert:  Law Maven replied 2 years ago.
Thanks for continuing to use this service! I tend to agree with you that someone who is using a designation mark on their stationary is almost certainly trying to benefit from doing so. The problem with the law is that court cases are all about finding loop holes and exceptions, so it is rarely a good idea as a lawyer to say "Always" or "Never" as when you do, a Judge is likely to prove you wrong the next day!
Expert:  Law Maven replied 2 years ago.
In terms of whether or not someone can use a designation when their status with the organization that issues the designation is inactive, it would depend on the rules that govern the organization. As an example, the Law Society that licenses me has several different status levels, including:PractisingIn-House LawyerNot Providing Legal ServicesTemporary Leave of AbsenceMaternity/Parental LeaveAnd someone in any of those categories is allowed to call themselves a "lawyer" or put "barrister & solicitor" on their business card. If someone has never been licensed, or has had a license and then been disbarred, they cannot legally call themselves a lawyer any more. But that's because of the rules that govern the profession here. Different locations and different professions have different rules. If you could let me know which CBC you're referring to, I'd be happy to look for the rules and regulations that would apply to various levels of membership.

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