bartalk | april 2007

28
Engaging in the Reform Debate A positive role for lawyers in the evolution of civil justice www.cba.org/bc W hen the Civil Justice Working Group of the Justice Reform Task Force released its final report in November 2006, it introduced broad ideas for change. In the short time since then, several things have become clear: these reforms will trans- form practice before the courts; the government is determined to move forward; the profession has been invited to participate; and, if we wish to do so, it had better be now. The objective of the proposed reforms – and in particular the court rule changes and the Legal Hub – is to make our civil justice system more responsive, accessible and cost-effective. The goal is a positive one, worthy of our full attention and engagement. The rule changes are directed toward “pro- portionality,” a core value of the reforms. For the CBA – and for all lawyers – the most interesting challenge is ensuring that, in pursuing this goal, the system still retains traditional safeguards, the right to a fair and adequate inquiry, and access to lawyers when needed. As for the Hub concept, the CBA is uniquely positioned to comment, and to assist. We have for many years operated a Lawyer Referral Service. In January, for example, we received more than 5,000 calls and referred almost 3,500 of those people to lawyers participating in the program. Another 1,150 people were referred to local organizations that could provide them with other kinds of services, such as Western Canada Access to Justice, Legal Aid, Pro Bono Law of B.C., the Salvation Army, and the Law Society. In essence, the CBA has been running a type of “hub” for 36 years and we now have the opportu- nity to expand it as part of the growing movement to ensure that legal services are more quickly and directly connected to those who need them. Judges speak openly of the challenge of retain- ing the perception of objectivity of the Bench while ensuring that the rights of the unrepresented litigant are protected. Counsel are challenged in dealing with a self-represented opponent, and their clients are forced to pay the costs of the delay and inefficiency that results. Cases are delayed as the system takes time to deal with people untrained and unprepared for civil law procedures. An enhanced program of prompt referrals to appropriate services, including legal advice and representation, could make a real difference to all concerned. In the coming months, the profession has the opportunity to work with government, the courts and other justice system partners to try new ways to break down the barriers to public access, to legal services and lawyers. It requires all of us to learn more about the perspectives involved, engage fully in the debate, and play an active part in defining the future of civil justice in B.C. To provide your views, I encourage you to write to the CBA at [email protected]. BT APRIL 2007 VOLUME 19, NUMBER 2

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BarTalk is published six times per year by the British Columbia Branch of the Canadian Bar Association, the leader and voice of Canada’s legal profession.

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Page 1: BarTalk | April 2007

Engaging in the Reform Debate A positive role for lawyers in the evolution of civil justice

www.cba.org/bc

When the Civil Justice Working Group of the Justice Reform Task Force released its final report in November 2006, it introduced broad

ideas for change. In the short time since then, several things have become clear: these reforms will trans-form practice before the courts; the government is determined to move forward; the profession has been invited to participate; and, if we wish to do so, it had better be now.

The objective of the proposed reforms – and in particular the court rule changes and the Legal Hub – is to make our civil justice system more responsive, accessible and cost-effective. The goal is a positive one, worthy of our full attention and engagement.

The rule changes are directed toward “pro-portionality,” a core value of the reforms. For the CBA – and for all lawyers – the most interesting challenge is ensuring that, in pursuing this goal, the system still retains traditional safeguards, the right to a fair and adequate inquiry, and access to lawyers when needed.

As for the Hub concept, the CBA is uniquely positioned to comment, and to assist. We have for many years operated a Lawyer Referral Service. In January, for example, we received more than 5,000 calls and referred almost 3,500 of those people to lawyers participating in the program. Another 1,150 people were referred to local organizations that could provide them with other kinds of services,

such as Western Canada Access to Justice, Legal Aid, Pro Bono Law of B.C., the Salvation Army, and the Law Society.

In essence, the CBA has been running a type of “hub” for 36 years and we now have the opportu-nity to expand it as part of the growing movement to ensure that legal services are more quickly and directly connected to those who need them.

Judges speak openly of the challenge of retain-ing the perception of objectivity of the Bench while ensuring that the rights of the unrepresented litigant are protected. Counsel are challenged in dealing with a self-represented opponent, and their clients are forced to pay the costs of the delay and inefficiency that results. Cases are delayed as the system takes time to deal with people untrained and unprepared for civil law procedures. An enhanced program of prompt referrals to appropriate services, including legal advice and representation, could make a real difference to all concerned.

In the coming months, the profession has the opportunity to work with government, the courts and other justice system partners to try new ways to break down the barriers to public access, to legal services and lawyers. It requires all of us to learn more about the perspectives involved, engage fully in the debate, and play an active part in defining the future of civil justice in B.C. To provide your views, I encourage you to write to the CBA at [email protected]. BT

APRIL 2007 volume 19, number 2

Page 2: BarTalk | April 2007

� BARTALK April 2007

APRIL 2007 volume 19, number 2

GUEST CONTRIBUTORS

15 The Day in the Life of an Elder Law Lawyer by Geoff White

16 Elders, Law, and Elder Law Lawyers by Peter Silin

17 A Lawyer’s Experience with the People’s Law School by Susan Coristine

18 Lawyer Retention Meeting the needs of a new generation

20 Law Week 2007 Access to Justice

22 Work-Life Balance What the CBA is doing by Catherine Sas, QC

UP FRONT

4 From the President

5 Executive Director

6 National News

8 Section Update

10 Practice Talk by David J. Bilinsky

12 Nothing Official by Tony Wilson

13 On the Web by Patricia Jordan

LEGISLATIVE UPDATE

14 Acts in Force

IN THE BACK

23 Calendar

24 Member Services

25 Bar Moves

26 Partners | Membership Continuing Legal Education Society The Law Foundation of B.C.

28 Classified Ads

uuu Make daily “MUST DO” lists and focus on completing these as early as possible in the day. Be realistic about time frames for each item on your list. uuu Train yourself to avoid constant checking of e-mails. Check 2-3 times throughout the day and then immediately re-focus on your day’s priorities. uuu Create boundaries for yourself around BlackBerry and cell phone use. Remember to “turn off” during protected leisure and “down” time.

Health & Wellness TIPS

courtesy of interlock 604-431-8200

Page 3: BarTalk | April 2007

� April 2007 BARTALK

Canadian Bar Association, B.C. Branch 10th Floor, 845 Cambie Street

Vancouver, B.C. V6B 5T3Tel: 604-687-3404

Toll-free (in B.C.): [email protected]

BarTalk is published six times per year by the Canadian Bar Association, British Columbia Branch.

BarTalk Senior Editors Caroline Nevin Jesse Tarbotton

BarTalk Editor Deborah Carfrae

Staff Contributors Fran Hodgkins Brian Rodriguez

Editorial Board Chair David Dundee

Editorial Board Members James M. Bond Jack Micner Pamela Murray Gurminder Sandhu Barinder Sanghara Veronica Singer Dierk Ullrich Miriam Vale Craig Watson

© Copyright the British Columbia Branch of the Canadian Bar Association 2007.

This publication is intended for information purposes only and the information herein should not be applied to specific fact circumstances without the advice of counsel.

The Canadian Bar Association, British Columbia Branch represents more than 6,200 B.C. members and is dedicated to improving and promoting access to justice, reviewing legislation, initiating law reform measures and advancing and improving the administration of justice.

BarTalk Publication Sales Agreement #40741008

CBABC’S MEMBER SERVICES ACTIVITIES FRANK KRAEMER (VOL. 18, NO. 6)I am writing in response to the request in your December 2006 BarTalk article for input as to whether the Branch should continue providing member services activities.

For my part, the short answer is yes.I find it strange to learn that some members of the Bar are surprised

and frustrated to learn that sometimes better prices are available for sup-pliers such as hotels and car rentals. I would expect that lawyers, being people who have the ability to “read the rules,” would not take basic steps to find the best deal if that was their concern.

Over Christmas, I knew that my spouse and I would need a hotel near the Toronto airport. Being a bit cost conscious (some might even suggest miserly), I checked to see whether any hotels were on the CBA/CBABC’s list of preferred suppliers, and sure enough, there were some. I checked the hotels’ websites as well as a travel consolidator’s website to determine the best price available without the CBA discount and then phoned the hotels to see what the CBA member price was. It turned out that the web price was actually cheaper than the CBA rate, so I booked our room through the web – there being no hard feelings on my part as I have some appreciation of how the industry works and did my home-work. I should say, though, that on other occasions I have found the CBA rate to be substantially cheaper than other rates.

As to other suppliers, I recently purchased life insurance for my spouse through the CBA program – at a very substantial discount to what was available from other sources. I have also used a number of other services over the years and have been very satisfied.

The availability (and lately expansion of) member services discounts are one of the key reasons I keep renewing my CBA membership. Please pass on my gratitude for the hard work being done in this area to the B.C. member services staff. – Tanya J. Rothe General Counsel and Director of Intellectual Property D-Wave Systems Inc.

Send your LETTERS TO THE EDITOR to:Caroline Nevin, BarTalk Senior EditorCanadian Bar Association, B.C. BranchFax: 604-669-9601Toll-free fax: 1-877-669-9601E-mail: [email protected]

CANADIAN BAR ASSOCIATION, B.C. BRANCH AND VANCOUVER BAR ASSOCIATION 2007 GOLF TOURNAMENT Nothing says “summer is here” like a day on the green, so tee off with your friends and colleagues for the 11th Annual CBABC/VBA Golf Tournament at the UBC University Golf Club on June �1, �007! There will be games, food, drink, a silent auction and plenty of golf ‘fore’ everyone, plus proceeds go toward an annual award for a UBC and a UVic student so your good time goes to a good cause. Details can be found on the CBABC homepage under “Current Events.”

Page 4: BarTalk | April 2007

Mandatory Continuing Professional Development – Time To Pay Attention

The Law Society has approved the report of its Task Force on Mandatory Continuing

Professional Development, and is committed to implementing a prog-ram of mandatory CPD. We should pay careful attention to this initia-tive. Mandatory CPD could either be a relatively painless requirement, or unduly burdensome, depending on the design of the program.

No Canadian jurisdiction has mandatory CPD. Several American and Australian states do, along with England and Wales. Similar requirements are the norm among other professions. But there is no empirical evidence showing that mandatory CPD enhances lawyer competence. The Task Force’s report concedes that belief in the value of mandatory CPD requires a “leap of faith.” The report recognizes that only a small percentage of lawyers are truly incom-petent, and so it may be unfair to force all lawyers to comply with a program designed to remedy the problems of a few. A major reason for implementing the program is to demonstrate to the public that the legal profession takes competence seriously.

The vast range of courses and programs currently available shows that most lawyers already take competence seriously.

While the value of mandatory CPD is at best un-known, the costs are certain. Costs include loss of bill-able time, the cost of courses, and incidental expenses.

A burdensome program affects access to justice. Time taken away from practice is unavailable to provide legal services to the public, and the costs both in terms of time and expense will have to be passed on to the public in one form or another. The burden will be greater on rural and small firm lawyers, and those with modest incomes.

FROM THE PRESIDENT FRiTS VERHOEVEN

The Task Force is looking at several options for the design of the program. The program could require study of certain subjects, or taking certain prescribed courses, or simply a certain number of hours of study through approved activities. The Task Force has accepted the idea that a broad range of activities, not limited to course study, should qualify for credit under the program.

In designing the program, I think the following ought to be borne in mind:

1. The cost and burden to lawyers ought to be the primary consideration. An onerous program is unjustified and unfair. The requirements of the program must be reasonable. Maximum autonomy and flexibility in meeting the requirements should be allowed. The underly-ing assumption should match reality: the vast majority of B.C. lawyers are already competent and professional.

2. To that end, the program should allow lawyers to meet the requirements by means of the activities and expenditures that competent lawyers already undertake.

3. If the Law Society requires members to take specified courses, or to study particular subjects, resistance from the profession may be expected.

4. The Law Society should not develop and deliver new courses or programs itself. If new courses are required, they should be delivered by others, such as the CLE Society or the CBA. Growth in the size and cost of the Law Society beyond what is strictly required to regulate lawyers is not welcomed by the profession, and diminishes the role of other professional bodies and groups.

I welcome your comments. BT

Frits Verhoeven President 2006/2007 B.C. Branch Canadian Bar Association

� BARTALK April 2007

Page 5: BarTalk | April 2007

FRANk kRAEMER, QC ExECUTIVE DIRECTOR

As you may know, I have now left my position as Executive Director of CBABC

to take up a new position as Senior Counsel and Executive Director of B.C. Superior Courts Judiciary.

When I accepted this position more than six years ago, I knew there were challenges to be faced, but I doubt anyone anticipated their extent and number. Indeed, at my very first Council meeting in March 2001, I asked Council members to fasten their seat belts. Little did we all know at that time! But what would life be without challenges? Those challenges have given me and all of those with whom I have worked the opportunity to rise to the occasion and I believe that we have succeeded admirably. The Branch has survived the loss of universal membership and today has emerged as a continuing significant player within the justice system.

In my parting remarks, I want to express my sincere thanks to the many volunteers I have worked with, both at the National level and here at the Branch. In particular, I wish to thank the Branch Presidents I have served, namely Margaret

Ostrowski, QC; Carmen Overholt, QC; David Paul, QC; Robert Brun, QC; Michael Woodward; Meg Shaw, QC; and Frits Verhoeven. Although each of them had a slightly different approach, no one can doubt their commitment to this organization and its goals.

I also wish to thank the various members of Provincial Council and the many volunteers who have served on our Committees.

In my work, I have been very fortunate in having the support of National CEO John Hoyles and

my colleague Executive Directors across the country. They have been a continual source of knowledge and inspiration and for that I thank them.

Last but not least, I extend my sincere thanks to all of the Branch staff with whom I have worked. I believe that we have created an organization that is even more responsive to the needs of our members, and that also well serves the public through our various education programs.

And so I say hail and farewell. Hail to a strong organization that I encourage all of you to continue to support, and farewell as I move to my new position. BT

AVE ATQUE VALE – Catullus Hail and Farewell

Frank kraemer, QC Executive Director B.C. Branch Canadian Bar Association

CBABC has been fortunate to have Frank Kraemer, QC at the helm of the Branch office through some of the most tumultuous years in our recent history – unprecedented cuts to the courts and legal aid, the ongoing fight against the tax on legal services, and of course, the final resolution after several battles over mandatory CBA membership.

Frank contributed exceptional leadership in overseeing the Branch’s revamping of its services and programs in response to the loss of revenues that came with voluntary membership. His Executive Committees will remember his exceptional professionalism and integrity during that difficult period; his

staff will remember his compassion in exploring every option to minimize the impact on our small team. The National CBA will remember his contributions to the CBA Futures Committee, and the resulting far-reaching plan for ensuring we remain forever relevant and vital to the profession.

When Frank announced his departure, the Branch received a flood of notes and e-mails, all universally complimentary and gracious. The overwhelming message was clear: We are very grateful for your exemplary service to the CBA and the profession, and we consider our great loss to be the Courts’ significant gain. We wish you well.

Farewell from the Branch

� April 2007 BARTALK

Page 6: BarTalk | April 2007

NATIONAL NEWS | EVENTS

Charkaoui Decision a Major Victory for CBAThe CBA welcomed the Feb. 23 Supreme Court of Canada decision in Charkaoui v. Canada (Citizenship and immigration) that says the government can do more to protect individuals detained under security certificates.

“While it recognized that the government must keep certain information confidential in the security certificate process, the court says the government must consider alternative measures to ensure a fair hearing,” says Lorne Waldman of Toronto, who acted as legal counsel in the CBA’s intervention in this case.

The CBA argued that special counsel – who would review secret evidence and advocate on behalf of a detained person – would be an appropriate alternative. The court agreed with this argument.

News Release uuuhttp://www.cba.org/CBA/News/2007_Releases/2007-02-23_charkaoui.aspx.

CBA Launches Class Action DatabaseAt the click of a mouse, CBA members and the public can access a database of class action suits filed in Canada that are sent to CBA by counsel. To date, close to three dozen class actions are

listed on the site, lawsuits that were launched between 2003 and 2007 (the number keeps growing!).

The database aims to meet the needs of the public, counsel and judges for information on class actions. Once posted, a class action proceeding will remain on the database unless dismissed as a class action by the court.

National Class Action Database uuu http://www.cba.org/classactions/main/gate/index/

Canadian Corporate Counsel Association’s National Spring ConferenceThe theme of this year’s CCCA spring conference is Leading Corporate Counsel: The Critical Path to Excellence. The confer-ence will cover a broad range of topics including privacy, pensions and benefits, crisis management, consumer contracts, competition law, and the latest developments in HR, executive compensation, directors and officer’s liability, and securities disclosure and compliance.

Where: Toronto, ON When: April ��-��, �007

Agenda, registration and hotel information uuuhttp://www.cancorpcoun-sel.org/EN/Education/Education/Spring_Conference.aspx.

Many CBA Concerns Met in Senate Committee Report on Anti-terrorism ActThe report of the Special Senate Committee on the Anti-terrorism Act, released on Feb. 23, echoed many of the concerns and recommendations made by the CBA in its 2005 submission.

CBA �00� submission to Special Senate Committee on the Anti-terrorism Act uuuhttp://www.cba.org/CBA/submissions/pdf/05-28-eng.pdf.

CBA Urges Caution in Expanding DNA Data Bank (Bill C-18)In a letter to the Commons Committee on Justice and Human Rights, the CBA’s National Criminal Justice Section says that further amend-ments or expansion of the DNA data bank should only occur following the long overdue five-year review of the legislation.

Letter Commons Justice and Human Rights Committee uuuhttp://www.cba.org/CBA/submissions/pdf/07-10-eng.pdf.

� BARTALK April 2007

Page 7: BarTalk | April 2007

NATIONAL NEWS | EVENTS

Calgary: Heart of the New WestCosmopolitan, vibrant Calgary is the perfect backdrop for the 2007 Canadian

Legal Conference, August 12-14, which is complemented by a full slate of unique Continuing Legal Education programs, social activities and networking opportunities.

Nobel Peace Prize laureate and Boston University professor Elie Wiesel delivers the opening keynote speech. Wiesel’s personal experience of the Holocaust has led him to use his talents as an author, teacher and storyteller to defend human rights and peace throughout the world.

Preston Manning (former leader of the Opposition) and The Hon. Peter Lougheed (former Premier of Alberta) will offer up amusing and thought-provoking discussion as breakfast speakers. Some two dozen educa-tional programs aimed at a wide variety of legal specialities plus targeted programs for corporate counsel are on the agenda. Other feature speakers include Justice John Gomery, and author and visionary Leonard Brody will deliver the closing address.

Juno Award winner Jann Arden will rock the TELUS Centre and entertain attend-ees with her quirky, catchy melodies and her emotionally evocative voice.

Online brochure, registration formsuuu http://www.cba.org/CBA/calgary2007/main/

Continuing Legal Education – Spring 2007CBA National Environmental, Energy and Resources Law Summit: Energy and the Environment April 27-28, 2007, Montreal

This one-and-a-half day program is designed to provide private practitioners, in-house corporate and

government counsel, regulators, local government representatives and other professionals with an annual

update on the hottest issues in the environment, energy and resources law field and unprecedented access to

leading experts. This year’s theme is energy supply and transmission issues and topics include new electricity

transmission routes, nuclear energy comeback, and wind energy.

uuu http://www.cba.org/cba/cle/cle00/env_07.aspx.

Elie Wiesel

7 April 2007 BARTALK

Page 8: BarTalk | April 2007

ADMiNiSTRATiVE LAw – VANCoUVER MEETING: January 18, 2007SPEAKER: Dianne Flood, Executive Director, Admin-istrative Justice Office TOPIC: The Administrative Tribunals Act – An Update Ms. Flood presented a paper called “The Administrative Tribunals Act – An Update.” This excellent 50-page paper was a full over-view of the entire sys-tem of the Administrative Tribunals Act, how it applies, and which tri-bunals have been made subject to its provisions. Ms. Flood was most informative and her informal style ensured that all the attendees enjoyed an evening of “catching up” on the implementation of this very important piece of legislation. Ms. Flood also briefly informed the meeting of develop-ments in other common law jurisdictions.

ADR – VANCoUVER MEETING: January 16, 2007 SPEAKER: The Honourable Chief Justice Donald Brenner, Supreme Court of British Columbia TOPIC: B.C. Supreme Court Update

Chief Justice Brenner gave an overview of activities and initiatives of the Court over the past 12 months. The initiatives discussed included: the Civil Justice Reform Working Group which is seeking feedback and sugges-tions from the Bar in response to its report published last November; the Practice Directions issued by the Supreme Court in 2006 regarding the Class Proceedings

SECTION UPDATE

Act, the Companies’ Creditors Arrangements Act Model Order and Electronic Evidence; and the posting of available trial dates on the Court’s website (beginning May 2006). The Chief Justice also advised of the recent appointments of three new Supreme Court Judges: Justices Catherine Bruce, Gail Dickson, and William

Smart. Members at this well-attended meeting had the opportunity to ask Chief Justice Brenner questions regarding these initiatives.

CORPORATE COUNSEL MEETING: January 10, 2007 SPEAKER: Scott Dawson, Farris Vaughan Wills & Murphy LLP TOPIC: Developments in the Law of Privilege

Mr. Dawson discussed the key points emerging from Blank v. Canada on litigation privilege. He outlined some aspects of its impact and strategy.

For example, it impacts government agencies as well as corporations covered by FOI legislation. The impact on settlement privilege and document retention policies is less clear. Mr. Dawson discussed two other cases, Blood Tribe Department of Health v. Canada (2006 FCA 334) on solicitor- client privilege and R. Laidlaw Environmental Services (Sarnia) Ltd. (1996), 19 C.E.L.R. (N.S.) 42 on advising non-managerial employees and conflict of interest. He gave practical suggestions on handling privileged communications and his presentation ended with an informative question and answer period.

Section Update Keep your practice current

The following are brief summaries of several recent Section meetings held throughout the province. More detailed information, minutes, and Section Papers from the Section meetings are accessible online at www.cba.org/bc for enrolled CBA members.

Attend a Section Meeting by TeleconferenceCBABC is committed to making Section meetings widely available. if you are interested in attending a Section meeting by teleconference outside the downtown Vancouver area, and have a boardroom you are prepared to make available for other Section members to join you, please contact Fran Hodgkins at 604-646-7857 or toll-free at 1-888-687-3404 or e-mail [email protected]. Check the current list of Section meetings online.

� BARTALK April 2007

Page 9: BarTalk | April 2007

EMPLOyMENT LAW MEETING: January 16, 2007 SPEAKER: David iverson, Manager, Computer Forensics for Western Canada, PricewaterhouseCoopers LLP TOPIC: Computer Forensics and Electronic Discovery: What You Don’t know Can Hurt You

Mr. Iverson defined “computer forensics” to be the recovery of data from computers, BlackBerrys, SIM cards, access cards, etc. It is important for legal counsel to recognize that data is everywhere and to be aware of where relevant data can be retrieved in a case and to get at that source of data as soon as possible. The longer the wait, the more likely data will be lost. Mr. Iverson explained that people generally think when they “delete” a file, it is then erased from the system, but this is actually not true. The only thing that is “deleted” is the “index” that allows you to pull that data. The data is still scattered within the computer hard drive and may be retrieved by computer forensic experts if required. The sooner the computer is imaged the more data can be recovered from it. Mr. Iverson gave many examples of his everyday work where vital information for clients has assisted in their case. Mr. Iverson also answered many questions during his presentation.

IMMIGRATION LAW MEETING: January 31, 2007 SPEAKERS: Jenny Lo, Regional Foreign Worker Consultant; kim Workun, Assistant Deputy Chair, immigration Appeal Division, Western Region TOPIC: Recent Significant Developments at the Service Canada, B.C./Yukon Region; immigration Appeal Division (iAD) updates

Ms. Lo provided an overview of current issues in the B.C. Foreign Worker Unit and responded to questions from members. She addressed concerns raised with processing times for the Temporary Foreign Worker Unit which can vary with the number of applications being received and can fluctuate considerably. The goal of Service Canada is to reduce the processing time to three weeks. Ms. Workun provided a short overview of the IAD Innovation which she covered in more depth at the December 2006 Immigration Law CLE seminar. The IAD Innovation Plan includes the Early Review Process, which permits parties to make written submissions on legal issues and, where these issues are determinative of the appeal, the appeal will be determined in chambers without an oral hearing. Examples of case types suitable for the ER process were provided at this meeting.

INSOLVENCy LAW MEETING: February 6, 2007 SPEAKERS: Donnaree Nygard, Counsel, Department of Justice; Mohammad Shafiqe, Resource and Complex Case Officer, Canadian Revenue Agency (CRA) TOPIC: Department of Justice and Canadian Revenue Agency Positions on Current insolvency issues

Ms. Nygard presented highlights from a paper pre-pared by Michael Loma, who is with the Department of Justice in Edmonton. Ms. Nygard highlighted, in particular, the deemed trust cases, builders’ lien issues, and set off cases. With respect to builders’ liens, Ms. Nygard added that CRA’s practice has been not to seek recovery from the 10 per cent holdback, but that this practice may change in light of the Ledcor case (cited in Mr. Loma’s paper). Mr. Shafiqe pre-sented the CRA policy on BIA proposals, which at the outset is recovery of 100 cents on the dollar net of administrative costs, and set out the circumstances in which CRA would consider proposals where CRA would recover less than 100 cents on the dollar. BT

CBABC welcomes Civil Litigation – okanagan Section!The Civil Litigation – Okanagan Section was approved at the January Provincial Council meeting. Sean Pihl of Pihl and Associates initiated the formation of this Section and was acclaimed Chair at its inaugural meeting March 1st in kelowna. To enrol in this new Section and keep up to date in this practice area print an enrolment form from our website www.cba.org/bc or call the Branch office at 604-687-3404 or toll-free at 1-888-687-3404.

Do You Have a Law Blog?We’ve created a new section at www.cba.org/bc in “Public

& Media” under “Legal Links & Blogs” and are seeking links to law blogs. Send your links to [email protected].

Site du Jour

� April 2007 BARTALK

Page 10: BarTalk | April 2007

To Be or Not to Be… The fine art of saying… no…

At certain times in our careers we all face the decision of whether to take on a certain

client – or not. There will be factors pulling us in different directions, some compelling, some less so. There will always be the needs of meeting the next payroll or making the next rent payment or draw… the expectations of our partners to meet billable targets, and not the least of all – our own needs and wants.

However, sometimes those other needs, wants and expectations override our better judgment and we take on a client that we knew that we ought not to have… and then at some point in the file – we realize that we have a problem on our hands.

There are many factors to consider before taking on a new file. Here is a collection of things to think about either before you find yourself taking on that file or when you realize that you have a file on your hands that you wish you hadn’t:

LOOK FORWARD: Don’t take on work that doesn’t meet your business plan or preferred areas of practice because you are afraid of lean times ahead… there are much better reasons to either take on or decline work. Recall that by taking on a file that you don’t want you are using up time that could either be put into marketing yourself for the files that you do want or spent on existing files that will result in referrals from satisfied clients!

PRACTICE TALK DAViD J. BiLiNSkY

SCOPE OF WORK CREEP: Watch for requests that would expand the scope of work – your client will think you are doing the additional work plus the original work for the same quote – leading to potential difficulties down the road in terms of payment of your account and possibly a complaint from the client. Ensure that if the scope of work changes, that you communicate this to your client and confirm – in writing – that the extra work will require an extra payment by way of an adjustment of the fee.

GUT REACTION: Watch out for a client asking you to take on work outside of your capabilities and/or interests. If you feel uncomfortable with the file – in terms of your experience, area of law or other factors – listen to your gut – often times it is a message you should not ignore.

KEEP yOUR GOALS IN MIND: Be careful on taking on work that lies outside of your strategic plan – i.e. outside of your goals or vision for how your practice should evolve. There is an economic cost in terms of taking on work that is outside of your business plan – it takes your attention away from your long-term goals. If this happens one too many times, you will find that you have lost your compass bearing and are now drifting aimlessly on the ocean of “taking in whatever comes in the door.”

THE 2/3 RULE: Ensure that any new file that comes in the door has 2 of the 3 following attributes in order to accept it:

• It involves interesting and challenging matters;• The clients are people you enjoy; or• The clients are people who will pay you.

David J. Bilinsky is the Practice Management Advisor at the Law Society of B.C. E-mail: [email protected]

Na na na na, na na na na, hey hey hey, goodbye

Words and music

by Gary DeCarlo, Dale Frashuer and Paul Leka

10 BARTALK April 2007

Page 11: BarTalk | April 2007

HOW TO SAy NO: There are many ways to decline a file – but perhaps the best is to be honest: “I am sorry but your file doesn’t fall within my desired area of practice. I hope you find a lawyer who has the time to devote to your file that it requires.”

WHAT IF yOU ARE ALREADy IN THE FILE: You have to determine if you can ethically withdraw (see Chapter 10 of the Professional Conduct Handbook). If you can – then call the client in and sit them down and tell them that you believe that their interests would be better served by another lawyer and that you will take all reasonable steps to cooperate with their new lawyer. Be understanding but be firm. Remaining on a troublesome file is not going to do you or your client much good. Better that they find a new lawyer who has a better “fit” and with whom they would be better off working.

Many lawyers have said that it was a big relief the day they asked a problem client to leave. They empowered themselves to take control of their practice and their life, and have realized that they are the master of their own destiny. Just imagine the feeling when you have closed the door on a trouble-some client for the last time and have just said to yourself “hey hey hey… goodbye!” BT

GETTING OUT OF BED TEST: Would you leap out of bed in the morning excited to do this work? If you can’t get excited about the work – it will show in your attitude and your client will pick up on this. You won’t be doing them – or you – any favours.

TAKE yOUR TIME IN SAyING yES: There is no rule that states that you must give the client an answer on the first interview. You control your own boundaries and timetable – and can give yourself the opportu-nity to “sleep on it” and talk it over with a colleague first – you will thank yourself later.

STRETCH AND GROW (WITHIN LIMITS): It is OK to find work that stretches your capabilities and com-fort zones, but only to a point. Recognize when you have a file or client who would be over your head! If it is… think about the file and see if you can find a senior colleague willing to mentor you on it before agreeing to take it on.

Do THE MATH!: Determine which of your clients are high EHR clients (effective hourly rate: i.e. fees collected/hours worked) and – just as importantly – which are not. Now, look at the ranked client list and ask the bottom-most, low-EHR clients to legally and ethically find a new home. Do this annually and you will “prune your client tree” and help it grow upwards.

BE OBjECTIVE: Maintain your professional distance from your client from the outset. Don’t get drawn into their problems – they – and you – will be stronger and better for it.

KNOW THySELF: This is not a typical client selec-tion question: Does this file or client fit your style and your personality? How will you grow from this client and/or file? By knowing yourself and looking at your potential client objectively, you can determine if this is the type of client and file that will “fit” you and with whom you can have a comfortable sense of working with them and they with you.

woRk AT YoUR CLiENT RELATioNSHiPS – ALL THE TIME: The most important asset you have is your integrity. Do not keep any clients that ask you to compromise your integrity; you are sacrificing a long-term asset for the sake of a short-term gain (resulting in a net loss).

Thanks to the Cowichan Bar Association for providing me with this topic.

The views expressed herein are strictly those of the author and may not be shared by the author’s employer, the Law Society of B.C.

Do you have a Bluetooth equipped mobile phone? if so, check out the RoadMaster VRBT200V – Wireless LCD Hands-Free Speaker Phone. it’s battery powered, recharges from the car, and clips on your visor. You leave your telephone in your pocket, and keep both hands on the wheel! Great for answering calls, not as useful for making them (since it doesn’t access your telephone’s contact list), but only costs around $100! Available now.

uuuwww.roadmasterusa.com/bluetooth_vr3.php.

TecH TIP

courTeSy of cHrISToPHer doll

11 April 2007 BARTALK

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(Politically Correct) Memo from the Partners Please circulate to all lawyers and staff

As some people are sensitive to perfumes, colognes, lotions and other scents, we

would appreciate that all law-yers and staff cooperate with us in creating a scent-free environ-ment at the office. When you use strong scents, remember that you are using powerful chemicals. Yes, shampoo is a powerful chemical, as is soap, but it all depends on how you define “chemical” isn’t it, as salt is also a powerful chemical if you’re a slug or a trout. Anyway, we digress. Even if these politi-cally incorrect chemicals do not affect you, that does not mean they won’t affect someone close to you, giving them a migraine or sinus problems, or jealousy down in word processing over a rare but desirable eau de toilette. Catfights may break out among the women in the real estate group over the L’air du Temps the new conveyancer is bathing naked in. Or worse, it could lead to lust, which is Verboten these days in law firms. Other symptoms can include watery eyes, sore throat, bad breath, narcolepsy, irritable bowel syndrome, writer’s block, and the heartbreak of psoriasis. The natural odors of our bodies do not need scents, even under stress.

As some people are vegetarians in the firm, we would appreciate that all lawyers and staff cooperate with us in creating a meat-free environment at the office. When you eat meat, remember that you are eating one of God’s creatures that walked the earth and were once a baby something, just like you (only with four legs. Or wings). Even if eating meat doesn’t affect you, that does not mean eating meat won’t affect someone close to you, giving them a migraine or sinus problems, incontinence,

NOTHING OFFICIAL TONY WiLSON

bad breath, narcolepsy, irritable bowel syndrome, dry scalp, mad cow disease, heartburn, indigestion, or diarrhea. So remember, all meat in the office is now Verboten.

As some people suffer from Seasonal Affective Disorder (SAD) during the fall and winter months in the firm, we would appre-ciate that all lawyers and staff cooperate with us in creating a weather-discussion-free environ-ment at the office. When you talk about the weather to someone with SAD, especially during the dark, depressing and suicidal winters we get, it could affect someone. Even if talking about the weather does not affect you,

that does not mean speaking about the endless rain and dark dreary days won’t affect someone close to you, giving them a migraine or sinus problems, watery eyes, sore throat, cough, chest tightness, sleepiness, bad breath, narcolepsy, irritable bowel syndrome, writer’s block, the heartbreak of psoriasis, hemorrhoids, dry scalp, mad cow disease, nausea, heartburn, indigestion, or diarrhea. Talk about Heroes at the water cooler or Studio 60 or the pure and natural bodily odors in our scent free office, but no more weather discussions.

As you know, Bill is getting married next week, so we’re having a stag for him this Thursday night in the Lawyer’s Lounge. Rob has some cigars to share around and Larry has arranged for some strippers to show up around 9 p.m., so it might be a good idea if the female lawyers keep a wide berth, (even if you’ve slept with Bill), as we may get drunk and compare which one of you has the best thong.

But remember, as its being held at the firm, no scents, no meat, and don’t talk about the weather. BT

Tony Wilson is a Franchise and intellectual Property Lawyer at Boughton in Vancouver. He’s written for the Globe and Mail and Macleans, but was not chosen for this year’s “Random Celebrity Guy.” E-mail: [email protected]

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Marketing Your Firm online – Part 2

PATRiCiA JORDAN ON THE WEB

Now that you’ve decid-ed to build a website or improve your site’s performance and

return on investment, there are a few essential tools that you will need to develop an effective site. Advanced website analytics can provide you with a complete and accurate profile of how visitors use your site and what acronyms, terms and variants they use when searching online. Search engine optimization will help to ensure your site is successful and produces the results you desire.

ADVANCED WEBSITE ANALyTICSEach time a visitor downloads a file or requests any other content your web server adds a record to a log file. Web analytic reports contain informa-tion on the types of content viewed, the marketing campaigns or search engines that bring them to your site, and much more. That information can be used to determine how well your site is performing by tracking what a visitor actually does. For example, last year www.cba.org/BC received 1,132,172 visits or an average of 3,101 per day. The most frequently visited areas were legal careers, Sections, member services and Dial-A-Law scripts. HR ads in the form of PDF files were downloaded 102,434 times. Here are a few web analytic resources to get you started: www.webtrends.com, www.google.com/analytics, www.coremetrics.com, and www.deepmetrix.com.

SEARCH ENGINE OPTIMIzATIONSearch engine optimization (SEO) is a term used to describe a process of improving the volume of traffic to a website from search engines. Webmasters utilize SEO in an attempt to measure the quality of visitor traffic and to identify how often specific keywords or terms are

used. SEO can also refer to “search engine optimizers.” Search engine optimizers are employees who per-form SEO services in-house or are consultants who conduct optimiza-tion projects on behalf of clients.

Before you begin to build your web pages, you’ll need to incorporate SEO into the develop-ment and design of your site. SEO often involves optimizing a site’s code, hierarchical structure and presentation. Indexing of pages based upon meta data is no longer considered reliable, as most search engines now use more sophisticat-ed ranking algorithms that utilize factors such as:

• alt attributes for images; • domain name, URL directories, filenames and

sitemaps;• HTML tags and headings;• on page keyword adjacency, proximity and

sequence; • term frequency, both in the document and

globally; • text within the title element; and• web content development.

To further complicate matters, most search engines use dozens of algorithms that change frequently, resulting in a web page that ranks in the top five in one search engine while ranking at 100 in another. Yahoo! recommends using a “description” tag and that you write your description accurately so it fits the content of the page. Yahoo! ranks search results according to rel-evance to a particular query by analyzing the web page text, title and description as well as its source, associ-ated links and other unique document characteristics.

In the June issue of BarTalk, I’ll write about security, site-level search, and more. BT

Patricia Jordan is the CBABC Manager, interactive Media. She welcomes your comments, questions and suggestions. Tel: 604-646-7861 E-mail: [email protected]

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LEGISLATIVE UPDATE ACTS iN FORCE

Every effort is made to ensure the accuracy of the information provided to you in this article but the information should not be relied upon. Lawyers should refer to the specific legislative or regulatory provision. You will see a reference in some cases to the number of the Bill when it was introduced in the House. This number may be different from the chapter number of the new Act which is quoted after the title of the Act and which is the proper citation for the Act. The Bill number has been given to make it easier for you to note up the Bills you may have in your library.

CURRENT FROM JANUARY 1, 2007 - MARCH 5, 2007

Legislative Update is provided as part of the CBABC legislative and law reform program. it is a service funded by CBA membership fees, and is therefore pro-vided as a benefit of CBA membership. The full version of Legislative Update is now published online, available to CBA members exclusively at www.cba.org/bc.

Consider Taking an Articling Student This YearHave you ever considered bringing an articling student into your firm? if so, now might be the time. The Career Services Offices of the UVic and UBC Faculties of Law would like B.C. lawyers to know that a number of high cal-ibre third-year law students are still seeking 2007-2008 articling positions.

For a law student, articling is a critical stage of legal training, and a mandatory step on the path to call and admission. Students are eager to put their skills to work and to experience the practice of law under expert guidance. Articles offer that opportunity.

Students can perform useful and billable work that benefits a firm or legal department. For a lawyer who serves as principal to a student, that assistance is valuable. But principals can also draw satisfaction from the important contribution they make. Principals help develop their students into good lawyers through guidance, training and mentorship. This benefits not only those students, but the profession as a whole.

The CBABC website now contains a Shared Articles Registry developed jointly by the Career Services Offices of the UBC and UVic Faculties of Law, the CBABC Branch, and the Law Society of B.C. The Registry offers new and innovative opportunities for firms who either cannot provide a full articling program or who do not have the financial resources to hire an articling student for the whole articling period. Firms and organizations can use the Registry to advertise their need for an articling student, specifying length of articles available and practice areas covered. Students can then search for available articles and take steps to contact firms and organizations and work out a shared articles program that meets the requirements of the Law Society Admission Program.

To become a principal, you must be a practising lawyer in good standing with the Law Society with seven years practice experience. For more on the qualifications of principals and the articling relationship, please see Law Society Rules 2-27 through 2-46. See also background information – including the current articling agreement and checklist – in the “Licensing & Membership” section of the Society’s website at www.lawsociety.bc.ca. if you are not certain if you qualify as a principal, please contact Lesley Small, Manager, Credentials & Licensing at the Law Society of B.C. at 604-669-2533 or [email protected].

The UBC and UVic Career Services offices are ready to assist lawyers that can offer articling positions by answering questions, posting positions and advertising to students.

Please contact: UBC – kaila Mikkelsen, Co-Director, Career Services at [email protected], 604-822-6350, fax: 604-822-9486 or Nadia Myerthall, Co-Director, Career Services at [email protected], 604-827-5052, fax: 604-822-9486. UVic – Jennifer Moroskat, Career Development Officer at [email protected], 250-472-4719, fax: 250-721-6390.

ACTS IN FORCE

PUBLIC SAFETy AND SOLICITOR GENERAL STATUTES AMENDMENT ACT, 2006, S.B.C. 2006, C. 28 (BILL 31)

Sections 70.1 and 70.2 of the Insurance Corporation Amendment Act, 2003, S.B.C. 2003, c. 35, as enacted by sections 56 and 57 of the Public Safety and Solicitor General Statutes Amendment Act, 2006, S.B.C. 2006, c. 28 (Bill 31), are in force June 1, 2007

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GEOFF WHiTE GUEST

Is my office full of antiques, easy chairs, and coasters? Large print books, reading glasses and tea? Hardwood

floors, extra-wide doors and a ramp? Am I well-practised at speaking loudly, slowly and clear-ly? Well… yes. But is that what makes me an Elder Law lawyer?

I deal with Wills and Trusts; matters of disability and care arrangements; questions of capac-ity and heath care. Is that what makes up Elder Law?

For me, those lists are by-products of what Elder Law really is: an approach to the law. That “approach” may be best described by a Nepalese bedtime story about a basket, the “Doko.”

The large simple basket plays a big role in family life. It carries not only grain and wood, but also Yeh-yeh when he was a child. The Doko was there when Yeh-yeh became a man and married. It was used to build his home. And then, it was to be used again when Yeh-yeh aged into a grandfather. He had become a nuisance by inadvertently setting the house afire. Yeh-yeh’s son decided to leave him on the temple steps for the priests to tend. Yet, as Yeh-yeh was carried away in the basket by his son, the young grandson asked his father to make sure he brought the Doko back – because then the grandson “won’t need to buy another Doko when you are old and it is time to leave you on the temple steps.” In his simple request, the grandson exposed the prejudice and cruelty of the son’s actions.

How we treat the potentially vulnerable members of our society is often described as the best judge of our character. It is also just good plain sense – we too will age.

We are often asked what type of world we will be leaving our grandchildren. Elder Law asks what world we are creating for ourselves when we will be grand-parents? Or great-grandparents?

Like the Doko basket, our soci-ety has tools that help: laws, policies, customs, and financial resources. How do we use those tools?

We may not have the “temple steps,” but we do have our own version. The care facility that, based on a “first-available-bed” policy, is far away from family and supports. The medical decision that excludes the usual and effective treatment for the sole reason that you are “too old.”

The loss of input into decisions about the home you own because someone feels that you need to be “protected.”

Elder Law peels back the prejudice of ageism. It is not just about elders. It is about promoting society’s ability to give independence, dignity and, where appropriate, support.

Elder Law therefore covers broad areas of law – often delving beyond the clarity of statutes and regulations and into the murkiness of policy and discretion. Our traditional legal remedies are sometimes not effective or affordable. The best results are often creative blends of the law and advocacy: how can I as a lawyer ask that one question, as the young grandson did, that will so clearly expose the prejudice, and advocate for a change?

What is a day in the life of an Elder Law lawyer? – It’s about influencing how our basket is going to be used. BT

The Day in the Life of an Elder Law Lawyer

Geoff White is the Chair of the CBABC Elder Law Section. His kelowna practice includes Elder and Estates Law. He can be reached at [email protected].

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GUEST PETER SiLiN

Ruth, an 82 year old, took eight months and sev-eral visits to decide to move to assisted living.

A few months later she com-mented, “This was one of the best decisions I have ever made.” 78 year old Lena was transferred to a clean, warm and caring nursing home directly from the hospital. Her comment, a month later was “I cry myself to sleep every night.”

The difference, of course, is that Ruth was able to make a decision in her own time, which she felt was right for her; Lena was strong armed, by well mean-ing family and physicians due to being at high risk in her own home. Comparing the results of these two outcomes illustrates the need to understand aging as a process of practical and emo-tional changes through which older people (and their caregivers) are navigating. How they handle and are handled during this transition process is what decides whether the outcome is as positive as possible.

Lawyers whose clients are older people and their family members or caregivers will increasingly be involved in decisions arising out of the transitions of aging. Serving these clients will call upon specific skills and knowledge.

What specific knowledge is needed? First, an understanding of cognitive changes which can result in memory loss or what is termed executive func-tion – the ability to make decisions, plan out tasks, and make appropriate judgments. Why these hap-pen, what are the subtle clues, what can be done are essential to understand. Along with the cognitive changes, knowledge of some of the physical changes is important also. They affect everything from how an office is set up, documents, the time, and duration

of appointments to deciding how to approach a client and situation.

Often people seek help around eldercare issues when in crisis. The crisis can be triggered by changes in the physical, cognitive, or emo-tional status of the older person, or because of changes in the family/caregiver system. The time when they need to make decisions is exactly the time it is difficult to make them. The result is fear, anxiety, confusion, guilt, burnout, and conflict. While this at times triggers legal intervention, it may indicate also a need to engage other services and supports.

Conflict is often a reflection of problems in family systems which are usually relatively well managed but aggravated by crisis. These dynamics may be historical or situational; they may be about an individual or the family as a group. These are also some of the issues it is helpful to understand when working with older people and their families.

It is also helpful to have an understanding of the public and private care systems as many decisions will be made around which ones to use, and when and how to use them. Trying to fit people to the services can be daunting. The undertaking of using these services may be what leads to conflict and visits to the lawyers’ office.

The above illustrate some of the issues compli-cating eldercare. Whereas it is may not be practical for lawyers to become experts in aging, they can educate themselves for a broad understanding. This will help in formulating a plan of action – where to start, what are the limitations, when to act as a broker for other services for their clients, or when to use a “multidisciplinary team” approach. BT

Elders, Law, and Elder Law Lawyers

Peter Silin, MSW, RSW is presi-dent of Diamond Geriatrics, inc., a Vancouver based geriatric care management and eldercare consulting company. Contact him at 604-874-7764 or through www.diamondgeriatrics.com.

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SUSAN CORiSTiNE GUEST

A Lawyer’s Experience with the People’s Law School

My first encounter with the People’s Law School was as volunteer speak-

er, starting in the 1990s, when I agreed to speak on a variety of topics, including youth justice and parental rights. It was apparent to me that those who attended the People’s Law School presentations were keen to learn, appreciative of my efforts, and thoughtful. My experience as a speaker con-vinced me of the value of public legal education.

OUR 35 yEARS IN PUBLIC LEGAL EDUCATIONToday, I am the Chair of the People’s Law School, after serving nine years on the Board of Directors. My continued relationship with the People’s Law School has strengthened my conviction as to the value of the public legal education.

For those who are not familiar with the People’s Law School, we provide public legal education in B.C. through a number of media, including plain language booklets in various languages, radio programs, law-related ESL classes, speakers, training workshops, theatre performances, and the People’s Law School website.

Public legal education cannot replace professional advice or representation, and does not claim to do so. What it does do is assist people by providing them with a clearer sense of their rights and responsibilities. It helps people identify legal problems if they do arise and make informed decisions as to whether they need legal advice and representation, or whether there are informal ways of resolving their problems. Public legal education is also an important vehicle for providing the public with legally sound information about new developments in the law.

Finally, I think that public legal education plays an important role in reminding the public of the role that law plays in a democratic soci-ety. I do not mean to overstate the matter, but I think the People’s Law School contributes to that process by providing the public with a deeper recognition of the ways in which the law both reflects the People’s Law School core beliefs, and helps to shape and reinforce them. Many of the People’s Law School programs address legal issues that have social as well as legal components, such as family violence and hate crimes. Our Justice Theatre, for example, addresses the broader social and

legal issues arising from face-to-face bullying, as well as the relatively new phenomenon of Internet bullying.

VOLUNTEER LAWyERS ARE KEy To THE PEoPLE’S LAw SCHooL’S SUCCESSThe People’s Law School owes its success to the large number of volunteers from the B.C. Bar and Bench who have, since 1972, played key roles on the Board of Directors, and have volunteered as speakers, radio panelists, and legal reviewers of the plain language booklets. In any given year, about 150 volunteers contribute time and expertise to the various public legal education programs of the People’s Law School.

CONTACT US TO LEARN MOREI want to congratulate those of you who have dem-onstrated your commitment to your communities by volunteering for the People’s Law School. I encourage all of you to learn more about the People’s Law School by visiting www.publiclegaled.bc.ca or by calling 604-331-5400 for the most recent Annual Report. BT

Susan Coristine is a partner in the law firm of Coristine Woodall in Vancouver, B.C. Her area of practice is criminal and civil litigation.

17 April 2007 BARTALK

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Lawyer Retention Meeting the needs of a new generation

CBABC’s Business of Law Committee established a Sub-Committee to focus on Lawyer Retention, an issue of primary importance to all law firms. The aim of

this Sub-Committee has been to address the chal-lenge of high attrition rates amongst lawyers who are dissatisfied with their firm’s culture or with the profession itself.

Studies, such as Crystal Clear: New Perspectives for the Canadian Bar Association – The Report of the CBA Futures Committee confirm that fostering a healthy and happy workforce leads to higher produc-tivity.1 From a firm’s perspective, quality of life issues are integral to a firm’s success. Why? Quality of life issues transects areas like recruitment, retention of talent, and client development. Quality of life issues may very well be extensions of occupational health and safety concerns as firms adopt specific programs as preventative rather than corrective measures.

THE COST OF HIGH LAWyER ATTRITION RATES – THE DoLLARS AND SENSE

Catalyst Canada Research has demonstrated that every time an associate leaves a firm it costs $315,0002. This expenditure reflects a firm’s investment in recruiting, training, and time spent by senior lawyers helping new associates gain experience

The attrition of lawyers from a firm can also negatively impact the culture and mood of the workplace. Other lawyers and staff may feel the effects of an associate or partner leaving a firm, especially if that person is a positive member of the team. Also, if a firm experiences frequent attrition, the remaining employees may start questioning their own involvement and participation with the firm.

Other negative consequences a firm may experience because of attrition include:

• Poor morale and decreasing loyalty of lawyers to the firm;

• Reduced output due to decreased focus and motivation;

• Inability to retain lawyers;

• Higher turnover of lawyers and staff;• Decreased income for the firm;• Higher levels of stress-related illness; • Increased health care costs;• Increased absenteeism;• Decreased client development and retention; and• Decrease in service of existing clients.

Firms must come to grips with the motivational factors of a new generation of lawyers or they will suffer the negative and financial and productive consequences of high lawyer attrition.

WHAT DO LAWyERS WANT?The new generation of lawyers is committed to seek-ing a healthy balance between a fulfilling private life and a productive career. Law firms must be proactive and respond to this global trend in order to retain their valued resources, avoid wasting their training dollars, and attract qualified lawyers. The cost of replacing lawyers outstrips the cost of measures that must be taken to retain them. Law firms must now accept alternatives to the 60-hour work week, rigid schedules and place constraints. Many lawyers and particularly young associates are not willing to com-mit 2200 annual work hours and are rejecting the path to equity partnerships. They want better quality of life, which usually translates into fewer billable hours, and more perks3. In fact, surveys show salary is no longer a prime motivator.

Factors which lawyers consider when making career decisions are where they work and how they work, which include the following:

• Does the firm have good work?• Does it have fair compensation?• Do they have an effective orientation/mentor

program?

GUEST CBABC COMMiTTEES

1 Crystal Clear: New Perspectives for the Canadian Bar Association.

2 Beyond a Reasonable Doubt: Building the Business Case for Flexibility – puts a dollar value on associates who leave their firms.

3 How to Attract (and keep) the Best and Brightest Legal Talent by Ann Macaulay.

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• Strategies for respecting generational differences; and

• Managing, motivating and maintaining culturally and racially diverse professionals.

Suggested Process to Follow to Meet the Challenge:

1. Define the firm’s core values;2. Ensure equitable distribution of work and

opportunity; 3. Provide a healthy workplace with a welcoming

culture; and 4. Develop and implement a work-life strategy

and flexible work schedules.

Law firm management must recognize that the old ways and culture of law offices will no longer attract or retain new the generation of practising lawyers. It is a new workplace and new demands must be met to ensure the perpetuity of the firm. BT

• Is the firm sensitive to people issues?• Am I going to flourish as a lawyer there?4

Men and women associates, both junior and senior, cite work-life balance as the primary motivator in deciding to leave their current firm. In particular, they cite pursing a working environment that offers support of family and personal commitments and a greater degree of control over work schedules.

CHALLENgE – wHAT LAw FiRMS MUST Do To BE SUCCESSFUL WITH LAWyER RETENTION AT ALL LEVELSTo create the necessary change in a law firm culture, partnership needs to articulate a vision for a healthy and resilient workplace culture, a successful busi-ness and a satisfied clientele. Partners need to model healthy habits and balance behaviours not merely manage them for others. As well, lawyers need to take responsibility for their own choices.

The study of U.S. law firms by Catalyst explored the experience of several major law firms that have been successful in retaining women lawyers. It found that the firms made efforts at encourag- ing career development in the firm and adopted these strategies:

• Provide mentors;• Provide control over an individual’s work load

and schedule;• Offer development and advancement opportunities;• Award for time spent on practice management

contributions as well as billing hours; and• Permit part-time commitments.

Partners and managers should review their perfor-mance in these areas:

• Adjustments to programs and policies to eliminate overt or covert discrimination and harassment of women and others;

• Adopting practice expectations that address quality of life concerns for all lawyers, both women and men;

• Developing and maintaining internal training and mentoring programs;

• Designing and accommodating work structures that allow for alternate work arrangements, reduced hours, and flexible work schedules;

This is a synopsis of a report authored by the CBABC Business of Law Committee, Sub-Committee on lawyer retention – the full report is available online at: www.cba.org/bc.

Notice to All Lower Mainland Young Lawyers!

Are you feeling a bit stymied about where to go with your career, or how to achieve your goals? Perhaps you are simply interested in learning more about the marvelous opportunities that abound for legal professionals….

With the generous support of The Counsel Network, the Young Lawyers Lower Mainland Section is hosting an exciting evening event in May entitled “The World is Your Oyster.”

We will have a panel of several young professionals who have carved out fascinating (and often wildly different) careers, and you will have the opportunity to ask them all about their choices and how they have gotten to where they are.

Date and location are to be announced. Stay tuned for further details!

4 Recruiting and Retaining Top Talent in Today’s Legal Marketplace, Supra.

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Law Week 2007 Access to Justice

LAW WEEK 2007

Law Day is a national event originated by the CBA celebrating the signing of the Canadian Charter of Rights and Freedoms. Held every April, Law Day provides an important opportunity to help Canadians learn about their justice system and to project a positive image of the legal profession. In

many B.C. communities, Law Day has expanded into week long activities. This year’s theme for Law Week is “Access to Justice.” Law Week 2007 marks the 25th Anniversary of the

signing of the Charter of Rights and Freedoms and to celebrate this we are hoping to make this year’s events particularly memorable.

The following provides an overview of some of the Law Week events that will be held across the province. Additional information about these events can be found at www.bclawweek.org. We hope you will come out and join the events in your community.

L A WW E E K

open Houses and other Events in Local CommunitiesOpen Houses will be held in the following communities and will include a variety of fun and educational activities such as mock trials, free law classes, citizenship ceremonies, courthouse tours, displays and demonstrations from a variety of justice and social service providers, Q & A sessions with senior justice system representatives, and police seminars:

• Dawson Creek – April 19th

• Fort St. John – April 18th• Kamloops – April 21st• New Westminster – April 19th• Port Coquitlam – April 20th • Vancouver – April 21st• Victoria – April 21st

A well attended Law Day seminar was held in Nanaimo on March 5th at Malaspina University-College.

During the week of April 16th free law classes, hosted by the People’s Law School, will be held throughout the Greater Vancouver area.

www.bclawweek.org

Fingerprinting Demonstration at Law DayVictoria Mock Trial 2005

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Dial-A-Lawyer On April 21, 2007, CBABC will hold its province- wide “Dial-A-Lawyer” program between 10:00 a.m. and 2:00 p.m. During that time, members of the public are invited to call and speak with a lawyer for up to 15 minutes on the following topics: Business Law, Wills, Estates & Trusts Law, Criminal Law, Tort and Motor Vehicle Law, and Family Law.

• English speaking lawyers: 604-687-4680 or 604-687-3221 1-800-663-1919 or 1-800-565-5297 (toll-free in B.C.)

• Chinese speaking lawyers: 604-687-3404 or

1-888-687-3404 (toll-free in B.C.)

Student Contests The following events provide valuable opportunities for both elementary and secondary school students to improve their understanding about the law and the legal system.

• Barry Sullivan Law Cup Public Speaking Contest – This annual event is one of the cornerstone events held in B.C. during Law Week. Open to students enrolled in grades 11 and 12, this year’s event will be held on April 19th at the Vancouver Law Courts. The Law Cup is named in memory of Barry Sullivan for his contributions to both the legal and educational professions.

• Essay Contest – This contest is open to students in grades 8 to 12 from across the province.

• Poster Contest – Students enrolled in kinder-garten through grade 3 in a British Columbia school are invited to participate in this event.

Fun Run/walkMembers of the legal community and their families and friends are invited to come out and participate in the fourth

annual Fun Run/Walk that will be held on April 1st at Locarno Beach Park.

Student Mentor Program Grade 11 and 12 students in Greater Vancouver are matched with lawyers to spend a half-day in their workplace. In addition, lawyers are matched to attend high school classes. Both provide a valuable learning opportunity for students who have an interest in pursuing a legal career.

Law Week 2007 Sponsors and PartnersWe would like to thank our sponsors of this year’s Law Week events:

• The Law Foundation of B.C. – Sustaining Sponsor• Vancouver Bar Association – Sustaining Sponsor• Kamloops Bar Association• Victoria Bar Association

– Platinum Sponsor

– Gold Sponsor

LAW WEEK 2007

• Fasken Martineau DuMoulin – Silver Sponsor• Alexander Holburn Beaudin & Lang LLP – Bronze Sponsor• B.C. Courthouse Library Society• Canadian Springs• Citizenship and Immigration Canada• Dye & Durham• Miller Thompson LLP• Vancouver Public Library

In addition, we would also like to thank our partner organizations for their contributions to this year’s events:

• The People’s Law School• The Law Courts Education Society• Northern Lights College• Malaspina University-College

Finally, we would also like to thank the many lawyers and others for volunteering their valuable time to make these events a huge success. BT

�1 April 2007 BARTALK

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Work-Life Balance What the CBA is doing

A recent IPSOS-Reid poll of our profession polled the top priority issues facing lawyers

today. Ninety-one per cent of the profession stated that the balance of your work as a lawyer with the quality of your personal and fam-ily life was the number one issue of concern. The poll also deter-mined that work-life balance was the number one issue of concern for the Bar for the past ten years.

Given the significance of this priority to our profession, in August of 2004 the B.C. Branch created the Work-Life Balance Committee. For the past few years the Committee has focused on providing information to lawyers through the CBA website at www.cba.org/bc. Going to the website you will see the work-life balance link highlighted. We feature a number of current articles addressing different aspects of work-life balance such as child care, elder care, flexible work practices within the profession and other related topics. Starting this past month we will feature a monthly notice in the CBA e-mail bulletins “CBABC News and Jobs” drawing your attention to “Work-Life Balance Tips.” This month we are featuring a live podcast addressing work-life balance. You can access this from the CBA website or you can go directly to http://www.cba.org/cba/PracticeLink/podcasts/balance.aspx.

As pervasive as the issue of work-life balance has become, the response and support available and accessible to all members of the profession has been strong. Members can now call upon a variety of resources in effort to develop a wellness plan that works for you.

INTERLOCK EMPLOyEE AND FAMILy ASSISTANCE PROGRAM provides confidential and professional

counselling services to members of the B.C. Law Society and their immediate family members.

24/7 Access - Interlock pro-vides direct telephone access to a qualified master’s level clinician, by simply calling 604-431-8200 or toll free at 1-800-663-9099 or visit our interactive website at www.interlockeap.com.

THE LAWyERS ASSISTANCE PROGRAM is an independent organization of members of the

B.C. legal community which provides you with peer support and referral service to address issues pertain-ing to work-life balance – alcohol and drug depen-dence, stress and anxiety, depression and marriage.

Available to you 24 hours/7 days a week. You can reach them at 604-685-2171 or find out more on their website www.lapbc.com.

UPCOMING EVENTS THROUGH THE SERVICE:• Life Balance Issues for Solo & Small Practitioners:

Saturday, April 14, 2007 from 1:00-4:00 p.m., 415-1080 Mainland Street, Vancouver, B.C.

• Vaccinate Yourself Against Professional Burnout: Wednesday, March 21, 2007 from 12:15-1:30 p.m. 415-1080 Mainland Street, Vancouver, B.C.

Please contact the committee at [email protected] with any comments, ideas or suggestions. BT

GUEST CATHERiNE SAS, QC

Catherine Sas, QC Chair of the CBABC Work-Life Balance Committee

What is your work-life balance challenge? How could your Committee best address your work-life balance concerns? Address your questions and concerns at [email protected] or send us an anecdote of how you have managed to overcome a particular professional challenge and maintain work-life balance in your own professional life.

�� BARTALK April 2007

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Bra

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April 10 New Westminster Bar Association Meeting

April 11 Lawyers Assistance Program of British Columbia: Burns Book Group

April 12 Cowichan Valley Bar Association Meeting

April 13-14 CBA Citizenship & Immigration Law CLE (Fairmont Empress Hotel and Victoria Conference Centre, Victoria, B.C.)

April 20 CBABC Executive Committee Meeting (CBABC Boardroom)

April 20 CBA Member/MLA Reception

April 20 CBABC/ LMA, Vancouver Chapter Legal Marketing Boot Camp (The Delta Victoria Ocean Pointe Resort and Spa, Victoria, B.C.)

April 21 CBABC Planning Meeting

April 25 Fraser Valley Bar Association (Melange Restaurant, Langley)

April 25 Lawyers Assistance Program of British Columbia: Burns Book Group

May 2 Lawyers Assistance Program of British Columbia: Burns Book Group

May 3-4 CBA/IBA Joint Spring Competition Law Conference (Toronto, Ontario)

May 9 Lawyers Assistance Program of British Columbia: Burns Book Group

May 10 Cowichan Valley Bar Association Meeting (Silver Bridge Inn, Duncan)

May 15 New Westminster Bar Association Meeting

May 17 CBABC Executive Committee Meeting (CBABC Boardroom)

May 23 Lawyers Assistance Program of British Columbia: Burns Book Group

April – May 2007

CALENDAR

New Westminster Bar Association FestivitiesOn December 8, 2006, sixty members and guests attended the New Westminster Bar Association’s gala Christmas party at Hart House in Burnaby. Past President Samantha Hulme and Secretary-Treasurer Jim Fitzsimmons presided over the celebra- tion. Generous door prizes were contributed

by the Inn at the Quay, Guildford Golf and Country Club, McQuarrie Hunter, Cassady & Company, Goodwin & Mark, Findlay Gunnell Sandor, Dye & Durham, Westpac Office Supplies, Wendy Stephen, QC, Mainland Reporting, All-Star Reporting, The Hart House, and McEachern & Associates.

The association’s annual dinner to honour new judges was held January 16, 2007, at the Inn at the Quay in New Westminster. A good time was enjoyed by all, with 120 lawyers and judges in attendance despite the usual inclement weather. Court of Appeal Justice Edward Chiasson, Supreme Court Justices William Smart & Gail Dickson and Provincial Court Judges Maria Giardini, Maris McMillan and Stella Frame were welcomed by the group.

Pro Bono Practice 2007 On April 27, 2007 in Vancouver, the Continuing Legal Education Society of B.C. will hold a full-credit CLE on pro bono practice skills and resources. Entitled Pro Bono Practice 2007, it will look at soft skills such as interviewing and problem solving for clients, as well as “nuts and bolts” law in traditional poverty law areas.

Registration is open at www.cle.bc.ca for a reduced price of $125 for lawyers and $75 for students. Pro Bono Law of B.C. is pleased to offer a limited num-ber of full bursaries for lawyers and students involved in pro bono work. Please contact Jamie Maclaren, Pro Bono Law of B.C.’s Executive Director, at 604-893-8932 or [email protected] for more details.

�� April 2007 BARTALK

Page 24: BarTalk | April 2007

MEMBER SERVICES

CBABC Member Services E-mail ListSubscribe to the list and be the first to read about new offerings from CBABC Member Services. Joining is easy; simply send an e-mail to [email protected] with the subject line “Subscribe to CBABC Member Services E-mail List.”

Check out the CBABC News & Jobs week-ly e-mail for new offers under Member Services News or visit the Member Savings section at www.cba.org/bc.

SportsCANUCKS PLAyOFF TICKETS: Available now – act quickly! Join our Member Services E-mail List to be the first to know!

LIONS SEASON TICKETS: Check the website for details on how to order.

Personalized Lawyers’ Cases from BugattiMake your firm stand out in the crowd. Welcome your newest associate or partner with a sleek, professional, genuine leather case from Bugatti. Emboss your name, initials, firm or logo at a great discounted price.

Terminal City ClubMembers receive a �� per cent discount on enrolment fee.

International Binding & Laminating Systems Inc.Our newest offering – Members receive a 1�-�0 per cent discount on products and services.

Looking to Buy or Lease a Car?

Check out Progroup, Carters or Afrique for member preferred rates that offer

you and your family substantial discounts on the purchase or lease of a new vehicle.

Counsel NetworkOffering members an exclusive

Preferred Recruitment Benefits Package for Law Firms – this pack-

age offers premium enhancements and discounts over regular recruitment

services, fees, and benefits.

Alpine ResortsLast chance before the end of ski season!

WHISTLER BLACKCOMB: Members save up to �� per cent on lift tickets, EDGE cards and equipment rentals.

SUN PEAKS: Members get a full day of skiing for the half day price.

SILVER STAR/BIG WHITE: Members save 10 per cent on lift tickets and on-hill accommodation when booked together.

MT. WASHINGTON: Members save 10 per cent on single day lift tickets.

Upcoming CBABC EventsTwo events you simply can’t miss!

NEW WESTMINSTER/FRASER VALLEy BAR GOLF TOURNAMENTThe annual New Westminster/Fraser Valley Bar Golf Tournament will be held at Guildford Golf and Country Club in Surrey on Thursday, July 5th. For more information, please contact Rick Molstad at 604-526-1821.

LEGAL MARKETING BOOT CAMP 2007 April �0, �007 at The Delta Victoria Ocean Pointe Resort and Spa

Legal Marketing Boot Camp 2007 is a one-day training session focused on bottom-line results. This is a unique opportunity to talk directly to six experts in intensive, small group sessions.

For more information uuuhttp://www.cba.org/bc/pdf/events/cba_lma_bootcamp_04_20_07.pdf

�� BARTALK April 2007

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BRyAN DUNN joins Davis & Company LLP as a Partner, focusing his practice on cross-border M&A and international business transactions, primarily in Asia.

R. PAUL BECKMANN, QC, joins Davis & Company LLP as Associate Counsel in Estate Planning.

GEORGE DOUVELOS, DEAN DAVISON and KENT WIEBE are now practising as partners in the new law firm Davison Wiebe Douvelos LLP. George will continue to focus his practice in admiralty, commercial litigation and immigra-tion law. Dean will be continuing with his civil recovery and commercial law practice. Kent will focus primarily on commercial law.

CHERyL M. TERON, formerly a partner of Owen Bird, has joined the Vancouver office of Thorsteinssons LLP, where she will continue her tax practice, focusing on corporate reorganizations and personal tax planning.

Benson Edwards in pleased to announce that DAVE MILES, RICHARD OKIMAW and LARA FORBES have joined their growing team in Kelowna. Dave will con-tinue to practice business law and real estate, Rick practises in intellectual prop-erty and Lara will practise commercial litigation and intellectual property.

ANAHITA TOMKOW has moved from Veritas Law in West Vancouver, B.C. to join Morrie Sacks Law Corporation in Vancouver, B.C. to practise family and immigration law.

DuMoulin Boskovich is pleased to announce recent additions to the firm. PERRy MAzzONE, formerly of Taylor Sourisseau Mazzone Tatchell, has joined the firm as senior Associate Counsel and LINDSEy LECLAIR has joined as a junior Associate.

MICHAEL FREy has established Frey & Company in Victoria. He will continue to practise in the areas of commercial litigation, property disputes and public law.

Bull, Housser & Tupper LLP is pleased to announce that HERB j. ISHERWOOD has been named Managing Partner. Herb was made a partner and subsequently served on the Executive Committee for five years until his recent appointment as Managing Partner.

Congratulations to RyAN BERGER and jAy LEMOINE who have joined the partnership of Bull, Housser & Tupper LLP. Ryan joined the firm as an Associate in 1999. Jay articled with the firm and upon being called to the British Columbia Bar in 1998 joined the firm as Associate.

GEOFFREy BOWMAN joins Bull, Housser & Tupper LLP Engineering & Construction group. Before joining the firm as an associate, Geoff articled with the Vancouver office of a large national firm and then practised at a boutique which specialized in construction litigation.

ANDRE j. BEAULIEU has recently joined Finning International Inc. as V.P., General Counsel and Corporate Secretary.

Bar Moves Have you recently changed firms or opened a new firm? Send submissions (maximum 25 words) to Bar Moves at [email protected].

u

uBAR MOVES

Brian Dunn

R. Paul Beckmann, QC

join the CBABC Women Lawyers Forum to Explore The Friendly Edge – Build Your People Skills and Enhance Your PracticeFriday, April �0, �007, 9:00 a.m. – 4:30 p.m. at the Metropolitan Hotel, Vancouver. Register now! Event will sell out.

For information, e-mail: [email protected].

�� April 2007 BARTALK

Page 26: BarTalk | April 2007

CBABC PARTNERS | MEMBERSHIP

Law Students

CLEBC Update7TH BIENNIAL FAMILy LAW CONFERENCE jULy 5TH AND 6TH

Mark your calendar for the 7th Biennial Family Law Conference on July 5th and 6th at the Pan Pacific Hotel. Chairs Barbara Nelson, Jeffrey Rose and James Schuman are hard at work poring over timely topics and inviting top-notch speakers to provide you with an informative conference. Last year we discussed the Spousal Support Advisory Guidelines, mobility and section 15 reports, and dispute resolution techniques. This year’s conference will bring you the latest in practical solutions to real family law problems.

ONLINE ACCESS TO CLEBC PRACTICE MANUALS

Subscribers to many of CLEBC’s most popular practice manuals now receive online access with their annual subscriptions. The online manuals include links to full text legislation, case law, and related CLEBC publications, keyword searching, and downloadable forms and precedents. Call Customer Service at 604-893-2121 (or toll free 1-800-663-0437) for your password if you subscribe to: B.C. Company Law Practice Manual, Conveyancing Deskbook, Desk Order Divorce – An Annotated Guide, Family Law Agreements – Annotated Precedents, Family Law Sourcebook for British Columbia, B.C. Family Practice Manual, B.C. Mortgages Practice Manual, B.C. Motor Vehicle Accident Claims Practice Manual, Practice Before the Registrar, B.C. Probate and Estate Administration Practice Manual, or B.C. Real Estate Practice Manual.

LILIANE y. BANTOURAKIS Department of Justice Canada Vancouver

ERIKA A. EINEIGEL Campbell Burton & McMullan LLP Langley

SANjEETA K. jOHAL Hammerberg Altman Beaton & Maglio LLP Vancouver

DREW LAWRENSON Webster Hudson & Akerly LLP Vancouver

DANIELLE M. LESLIE Dunnaway, Jackson & Associates Vancouver

ALENA LEVITz WorkSafeBC (Workers’ Compensation Board of B.C.) Vancouver

HARVEy MELLER Roberts & Stahl Vancouver

DIONySIOS ROSSI Borden Ladner Gervais LLP Vancouver

AARON L. SHERRIFF Singleton Urquhart LLP Vancouver

AMANDA STARNO Murchison, Thomson & Clarke LLP Surrey

CATHERINE WANG Slater Vecchio Vancouver

jEREMy DAVID WEST Watson Goepel Maledy LLP Vancouver

KARRIE A. WOLFE Quadra Legal Centre Victoria

MAUREEN ABRAHAM Johns Southward Glazier Walton & Margetts Victoria

RENéE ALDANA Greig, Wilson & Rasmussen Surrey

Regular Members

Articling Students

NEW MEMBERSThe CBABC Branch welcomes its newest members! The following new members joined in the months of January and February of 2007:

KEERAT BAINS Guild, Yule and Company LLP Vancouver

RyAN CHALMERS Blake, Cassels & Graydon LLP Vancouver

HEATHER DALE Josephson Angus Vancouver

AARON DOW Petraroia Langford Rush LLP Kelowna

RyAN GALLAGHER Greater Vancouver Transportation Authority (Translink) Vancouver

D. MARK GyTON Guild, Yule and Company LLP Vancouver

DAVID yONGKyU HAN Burnaby

jOHN SCOTT HEANEy Victoria

PABLO ANDRES IRRIBARRA VALDES Suleman & Company – Canadian Immigration Lawyers Vancouver

BRITTA jENSEN Sangra Moller LLP Vancouver

IL HyUNG (DAVID) jUNG Coquitlam

DAVID MCVEA Shook, Wickham, Bishop & Field Campbell River

CLAyTON MILLER Berge Horn Kelowna

jENNIFER MILLIGAN McKimm & Wishart Victoria

KERA REES Blake, Cassels & Graydon LLP Vancouver

KATHERINE REILLy Lang Michener LLP Vancouver

jOSH SCHMIDT Lang Michener LLP Vancouver

jOHN RyAN STAMMERS Vancouver

LISA STEWART Blake, Cassels & Graydon LLP Vancouver

MARKO VOjVODIC Blake, Cassels & Graydon LLP Vancouver

CHRISTOPHER WENDELL Porter Ramsay Kelowna

MEENA DHILLON Port Coquitlam

DAVE jUTEAU Victoria

MICHAEL RUHL Vancouver

�� BARTALK April 2007

Page 27: BarTalk | April 2007

GRANTS APPROVED

$225,000CHILLIWACK COMMUNITy SERVICESPoverty Law Advocacy Initiative

$225,000CHIMO CRISIS SERVICESOutreach and Advocacy in Richmond

$225,000FoRT ST. JoHN woMEN’S RESoURCE SOCIETyPoverty Law Advocate Project

$225,000NEWTON ADVOCACy GROUP SOCIETyLegal Advocacy Project

$225,000NORTH SHORE COMMUNITy RESOURCES SOCIETyLegal Advocacy Project

$225,000POWELL RIVER COMMUNITy SERVICESPoverty Law Advocate

$210,000B.C. PUBLIC INTEREST ADVOCACy CENTREPoverty Law Services Project

$186,000NATIVE COURTWORKER AND COUNSELLING ASSOCIATIONAboriginal Family Advocate Project

$175,000DZE L’kANT FRiENDSHiP CENTRE SoCiETYLegal Education and Advocacy Project

$150,000MS SOCIETyVolunteer Legal Advocacy Program

$150,000SALVATION ARMyPro Bono Program

$150,000ATiRA woMEN’S RESoURCE SoCiETYLegal Advocacy Services in the Downtown Eastside

$150,000HAIDA GWAII LEGAL PROjECT SOCIETyLegal Education and Advocacy Project

$150,000KAMLOOPS AND DISTRICT ELIzABETH FRy SOCIETyPoverty Law Advocacy Project

$140,000QUESNEL TILLICUM SOCIETyPoverty Law Information Worker

$120,000NICOLA VALLEy FAMILy jUSTICE SERVICES SOCIETyLegal Advocacy Project

$99,000SPARC B.C.Community Consultation on Family Relations Act Review

$73,080PRo BoNo STUDENTS CANADA – UBCCommunity Placement Project

$56,000PRo BoNo STUDENTS CANADA – UViCStudent Placement Program

The Board of Governors of the Law Foundation of B.C. met on November 25, 2006 and approved funding for a number of continuing programs and projects. Chair Warren Wilson, QC is pleased to announce that funding totalling $17,150,680 was approved for the following 35 new project grants under the 2006 Funding Initiative:

UNIVERSITy OF B.C., FACULTy OF LAW$6,000,000 Law School Building Fund$300,000 Law Foundation Awards

UNIVERSITy OF VICTORIA, FACULTy OF LAW$3,000,000 Faculty of Law Library Project and Program Development Project$150,000 Law Foundation Awards

$1,000,000B.C. COURTHOUSE LIBRARIESPublic Library Program Grant

$554,000gREATER VANCoUVER LAw STUDENTS’ LEGAL ADVICE SOCIETyFamily Law Project

LEGAL SERVICES SOCIETy $483,600 Family Law Website Enhancement $240,000 Poverty Law Services Project

$450,000LAW COURTS EDUCATION SOCIETyExpanded Core Services

$450,000PRO BONO LAW B.C.Operating Expenses

$360,000PIVOT LEGAL SOCIETyLow-Income Housing Tenant Strategic Advocacy Project

$250,000ENVIRONMENTAL LAW CENTREBuilding the Environmental Law Centre Clinic’s Capacity to Serve a Province-wide Clientele

$250,000COMMUNITy LEGAL ASSISTANCE SOCIETyPoverty Law Services Project – Extension

$225,000CANADIAN FORUM ON CIVIL jUSTICECivil Justice Research Project: Creating, Sharing and Transforming Knowledge into Action

$225,000WESTERN CANADIAN SOCIETy TO ACCESS jUSTICEAccess Justice Pro Bono Clinic Enhancement Project

NEW AGREEMENT WITH PROSPERA CREDIT UNION

Law Foundation Chair, Warren Wilson, QC, commends Prospera Credit Union for valuing the relationship it has with members of the legal profession in its commitment to paying a competitive rate of return on lawyers’ pooled trust accounts.

A new interest rate agree-ment on the lawyers’ pooled trust accounts this year will pay a return of prime less 3.00 per cent. Thanks go to Bruce Howell, interim President and Chief Executive Officer of Prospera Credit Union, for the leadership shown in making this new agreement possible.

increased revenues enable the Law Foundation to fund programs that make the justice system accessible to British Columbians, particularly those people who have the greatest access problems as a result of their economic, social, physical or mental special needs. The funded programs include professional legal education, public legal education, law reform, legal research, legal aid, and law libraries.

The Canadian Bar Association (B.C. Branch), the Law Society and the Law Foundation encour-age lawyers to consider which financial institutions provide the best support to the Law Foundation when deciding where to place their trust accounts.

$54,000PRINCE RUPERT UNEMPLOyED CENTRE SOCIETyAdvocacy Initiative

For full details please visit www.lawfoundationbc.org.

�7 April 2007 BARTALK

Page 28: BarTalk | April 2007

CLASSIFIED ADS APRiL 2007

CLASSIFIED (per line) CBABC Members/Firms $25 Commercial Organizations $50 Next deadline: may 11

DISPLAy3” x 2.5”CBABC Members/Firms $450Commercial Organizations $900

6” x 2.5”CBABC Members/Firms $810Commercial Organizations $1,620Next deadline: may 11

INSERT (all of B.C.)CBABC Members/Firms $1,200Commercial Organizations $2,400Next deadline: may 19Next mailing: June 8

Direct BarTalk advertising inquiries to: Jesse Tarbotton Communications Co-ordinatorTel: 604-646-7856 or 1-888-687-3404E-mail: [email protected]

SERVICES

INTELLECTUAL PROPERTy: Let us assist you in providing protection for your clients. Douglas B. Thompson Law Corporation – Registered Patent Agent, Registered Trade Mark Agent. Practice restricted to Intellectual Property. Victoria, B.C. (www.BCpatents.ca) E-mail: [email protected].

OFFICE SPACE AVAILABLE

KELOWNA: 3320 Richter Street. One or two lawyers invited to share bright, new office space with existing two lawyer practice (Mission Law Group). E-mail: [email protected].

POSITION AVAILABLE

LITIGATOR – Linley Duignan is a vibrant gen-eral civil practice law firm that has been serving Abbotsford and the Lower Mainland for over

35 years. We have a tremendous opportunity for career-motivated people. At the present time we require a Civil Litigator, 1–7 years experience. Areas of practice may include plaintiff personal injury, construction law and/or family. For more information, e-mail David Letkemann at [email protected].

Barristers & SolicitorsCell 604-868-3034 Fax 604-264-6133

[email protected]

Vahan A. Ishkanian

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Sec. 257 Determinations, Opinions and CourtApplications on referral

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FREE CONSULTATION

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PREVENT MISSED LIMITATIONS AND DEADLINESStay tuned for a new guide from the Lawyer’s insurance Fund, Law Society of BC, featuring

more than 70 tips to prevent missed limitations and deadlines. The special risk management publication, Beat the Clock: Timely lessons from 1,600 lawyers, will be delivered in the May issue of Benchers’ Bulletin.

�� BARTALK April 2007