The jury's out on "easier; faster; more affordable justice"
ffective September 1, 2005, the landscape of B.C.'s civi l justice system is about to change.
EOutgoing Attorney General Geoff Plant's parting gift to the citizens and lawyers of B.C. is a three-part reform of the court rules that govern civil procedures. While the reforms are being met with mixed response among the bar, there is no question that there is widespread interest in how the new rules will impact civil justice in the province.
First and perhaps simplest among the reforms is the fact that the government can now be sued in provincial court. Previously, this required action in the more costly Supreme Court of B.C. From the perspective of citizens and businesses with legitimate claims against the government, this is a positive move -no surprise then, to see words of support in the government's news release from the Consumers Association of Canada
Second, the limit for matters to be heard in Small Claims Court is being raised from $10,000 to $25,000. This is also perceived as a positive move for the most part, as matters that previously were unaffordab le to pursue with legal counsel are now within reach.
The final reform is more complex, challenging and controversial; Rule 68 will be enacted in four pilot jurisdictions (Vancouver, Victoria, Prince George and Nelson), with the stated goal of streamlining Supreme Court procedures for claims under $100,000, except for class actions and family law matters. The full details of Rule 68 can be found at
www.courts.gov.bc.ca/sc under Supreme Court Acts , Rules and Forms.
Among the significant changes are new limits to pre-trial procedures; a ban on jury trials; judge-led trial management conferences with a requirement to produce in advance to all parties comprehensive trial briefs which summarize the issues and your clients' positions on the issues, a list of witnesses to be called at trial, and a summary of the evidence witnesses are expected to give; and judicial discretion to narrow the issues to be tried and impose time limits on direct and cross examination of witnesses, as well as on opening statements and final submissions.
For obvious reasons, there is concern about how Rule 68 will play out in the courtrooms of B.C. On the plus side, the cost of litigation under $100,000 may decrease, allowing more potential litigants to pursue remedies with the aid of legal counsel. The new ru les may also provide additional opportunities and incentives for settlement, aiding clients in achieving reasonable remedies within a shorter period of time and at less cost and stress overall. On the negative side, there is grave concern about the possible erosion of the rights of clients in defense of their case.
The Canadian Bar Association, B.C. Branch asks your help in monitoring the effects of these significant changes to B.C.'s civil justice system. Please e-mail your comments to cba@bccba.org or fax to 604-669-9601 or toll-free 1-877-669-9601. BT The Canadian Bar Association British Columbia
Law Week is our celebration of the anniversary of the Charter of Rights and Freedoms. It is also the one time during the year when the law rightly shifts into the spotlight. With a welcoming, knowledgeable presence we invited th e public into our local courthouses to watch mock trials, consult with lawyers at information booths, take free legal classes and learn about rights due to all Canadians.
online, publicly accessible, personal journals are the
Port McNeill lawyer
If you have changed firms, addresses, e-mail addresses or phone/fax numbers, you need to let us know. E-mail us at data@bccba org, phone 604687 - 3404, or fax 604-669-9601 or contact us tollfree (phon e 1-888-687-3404, fax 1-877-669-9601).
Canadian Bar Association, B.C Branch 10th Floor, 845 Cambie Street Vancouver, B.C. V6B 5T3 Tel: 604-687-3404
Toll-free lin B C ): 1-888-687-3404
BarTalk is published six times per year by the Canadian Bar Association, British Columbia Branch.
This publication is intended for informat ion purposes only and the information herein should not be applied to specific fact circumstances w it hout the advice of legal counsel.
The Canadian Bar Association, British Columbia Branch represents more than 5,600 members within British Columbia and is dedicated to improving and promoting access to justice, reviewing legislation , initiating law reform measures and advancing and improving the administration of justice
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WORK-LIFE BALANCE
(VOL. 16, NO. 6)
I was pleased to see BarTalk address worklife balance in four articles in the December lSSUe.
I do have one criti-
Send your LETTERS TO THE EDITOR to: Caroline Nevin, BarTalk Senior Editor
Canadian Bar Association, B.C. Branch
Fax: 604-669-9601
Toll-free fax : 1-877-669-9601
E-mail: cnevin@bccba .org
cism of the approach taken: harmonizing one's obligations to work, community, family and self were presented as problems capable of solution through the actions of individuals.
Yet this is not a problem that can be solved satisfactorily by lawyer s as individuals except in the twilight of their careers I have found that younger lawyers are afraid to take steps to harmonize their lives and work for fear of negative impact on their career success and advancement in their firms
Law firm management has to take the lead in facilitating quality of life for lawyers. There have to be changes in law firm culture and work practices, not to mention flexible scheduling, that facilitate work-life balance for individuals.
Suffice it to say that resolution of this issue is intertwined with recruitment and retention and client development in an era when clients expect the law firm to mirror the values and diversity of their community.
Law firms that encourage diversity, flexibility , and quality of life within the firm will appear more attractive to their potential clientele and to law school recruits.
Issues of work - life balance will be addressed by a panel discussion on Managing for Diversity during the business meeting of the National Law Practice Management Section in August at the CBA Annual L egal Conference in Vancouver.
-Cheryl Stephens
Win Tickets to .. The Foursome"
Enter to win two tickets to the Arts Club Theatre Company 's performance of "The Foursome" at the Stanley Industrial Alliance Stage (formerly the Stanley Theatre] in Vancouver bye-mailing your name to cba@bccba.org with the subject "BarTalk Contest." The contest will close on July 8 and we will hold a draw shortly thereafter a nd contact the winner by phone. You must be a CBA member to be eligible to win. (Please allow up to 10 business days for processing membership fees.)
Congratulations to Orysia Semotiuk of McCarthy Tetrault in Vancouver who won two tickets to "Miss Saigon."
B.C. Women Lawyers Pioneer Again
Raised from an early age by a working single mother, I saw first-hand the real challenges facing
at least one woman struggling to achieve credibi l ity in a career while simultaneously runn i ng and paying for a household of three children. It took enormous effort, and for a period of about 10 years, she was exhausted every second of each day.
So the issue has always stayed on my radar, and I have always remained something of a student
Michael C. Woodward
President 2004/2005
B.C. Branch
Cana d ian Bar Association of it.
Notwithstanding the educational advantages they enjoy relative to women at large, and some positive cultural traits that have ensued, such as the virtual absence of divorcee stigma (gotta love that Pierre Trudeau), I believe those challenges are still extant for B.C. women lawyers, whether paired up or single
I believe this is an important issue for this Branch. It goes to the nucleus of"members for members." I have said this for many years, and I am feeling very celebratory, and very proud of the formal creation in Charlottetown of the Women's Lawyers Forum as a national conference of the CBA .
In my first year on the executive, I was pleased to have had the opportunity to work with Margaret Ostrowski, Q.C. (then Branch past president, and new Bencher) in thinking about and formalizing the structural options open under branch and national bylaws, and the "how to's" for those options Margaret was the first Chair of what was then an informal ad hoc group of senior women lawyers styled the "Women's Advisory Council. " In 2002 the executive discussed it in April, chose its recommended option, and presented it to Provincial Council in
4 BARTALK June 2005
June, where it created a time limited special committee, which was to pursue creation of a Women Lawyers Conference (later called a Forum) at both the national and provincial levels . That m1sswn was easily
achieved by these pioneering women lawyers, and after becoming a branch conference, chaired successively by Margaret, KerryLynne Findlay, Q C. and now, Jennifer Conkie, the Forum moved to the national stage
At the February mid-winter meeting of Nationa l Council, the Women Lawyers Forum was formally created as a National Conference The adopted reasons included this formally stated premise:
"WHEREAS the B.C. Branch's Women Lawyers Forum has had widespread acceptance as a member service in its first year of operation, successfully launching a mentoring project to engage women lawyers from urban and rural centres, an education program focusing on resiliency and leaders h ip topics, and enhanced communication with and among B C. women lawyers "
I rea ll y cou ldn't be more delighted These are good times for member relevan cy. Stay informed about the CBA's doings. You'll be as impressed as I am by these pioneering B.C women lawyers, who have made a good thing happen. Fast. With flawless execution. Our present and future members are in your debt . BT
The Lost Has Been Found
A joyful moment for the Cariboo Bar Association
Everyone likes a story, particularly when it has a happy ending. This story began, it seems, sometime
before I became Executive Director of CBABC. In February 2002, I attended the Cariboo Bar Meeting m Dawson Creek. During that meeting, as part of the social activities, a cribbage tournament was held. At the conclusion of the tournament there was much lamenting of the fact that the beloved McNeill Cup had mysteriously disappeared.
Executive Director B.C Branch
Canadian Bar Association
As a side note, I have subsequently learned that the Cup has been part of the traditions of the Cariboo Bar Association for more than 50 years. It has recorded various triumphs through the years; most famously the results of the golf tournament held at annual bar meetings. Former Treasurer of the Law Society of B.C., Robert Dick, Q.C., has for many years taken an active interest in the McNeill Cup. He donated the base for it and has studiously recorded the winners of the various competitions.
Sometime later at a Local and County Bar Presidents' Meeting, at the request of Peter Warner, Q.C. who was then the President of the Cariboo Bar Association, I agreed to publish a request for the return of the Cup, "no questions asked." The Cup remained unreturned.
Now the plot thickens! Recently, one of my staff was rearranging a storage area in the back recesses of the CBABC offices and came across what appeared to be a Cup. When the Cup was brought to me I immediately recognized it as the McNeill Cup (much to my dismay!). Attached to the Cup was a yellow sticky with the name of one of CBABC's past-presidents as well as the name of a member of the Cariboo
Bar. I surmised that what had happened is that the past-president had brought the Cup to Vancouver to have the plate engraved with the names of winners of whatever tournament that President had participated in , and somehow the Cup had disappeared into a back cupboard. This story does have a happy ending: I had the great pleasure at the Annual Meeting of the Cariboo Bar held at Hills 108 Health Ranch, May 13-15 of this year, to return the Cup to its rightful
owner. As you can see from the picture, great pleasure was expressed by the members of the Cariboo Bar when I presented it to Cariboo Bar President Heidi Zetzsche with Robert Dick, Q.C. looking on While I regret that the Cariboo Bar was deprived of its beloved McNeill Cup for a number of years, I must say it was a great pleasure to be able to return it to them, after so many years away from its true home. BT
Frank Kraemer
CBA Executive Director Frank Kraemer presents the McNeill Cup to Cariboo Bar President Heidi Zetzsche with Robert Dick, Q.C. looking on.
CBA Calls for Better Balance and Tighter Oversight
Striking the right balance between security and individual rights, expanding the scope of the review, and creating oversight mechanisms to ensure accountability are the three key messages to the federal government in the CBA's evaluation of Canada's three-year-old Anti-terrorism Act "In our view, the government has not yet come up with the right equation and that means invasions of our privacy and fundamental rights are creeping into Canadian law," says CBA President Susan McGrath . The submission recommends further changes to the Act:
• The current definition of terrorism is too wide and too vague, and should be consistent in all laws relating to terrorism;
• Once Canada shares information with another country, it does not have control over it. Safeguards must be put in place to ensure that Canadian citizens are not put at risk; and
• A security certificate issued against a foreign national under the Immigration and Refugee Protection Act cannot be appealed . The CBA recommends an appeal of a Federal Court decision, with leave of the Federal Court of Appeal. Where the government demands secrecy for security reasons, the court should name an advocate to represent the interests of the person concerned.
Law Day with Prime Minister Paul Martin
On April 14, CBA President Susan McGrath shared the stage with Prime Min ister Paul Martin, Justice Minister Irwin Cotler, and 25 high sc hoo l students fo r a Q&A session on Law Day in Ottawa. The i nteractive program with the PM capped a morning of Law Day events including a mock trial and career panel, and involving some 950 h i gh school students.
As part of the celebrations recognizing the 20th anniversary of section 15 of the Canadian Charter of Rights and Freedoms, the CBA President explained the importance of equality rights a nd the i r evolution in the past two decades: "The Charter is not just a document i n a glass case. It is a mov i ng force in our lives. It matters to us today but it will become even more important to you in the years to come as you sho u lder the rig hts and responsibilities of citizenship."
Questions from the students covered a wide range of topics from equality rights to racial profiling to the Gomery Commission
CBA Supports Changes to Family Reunification
The CBA Immigration Law Se ction has welcomed the changes announced by Immigration Minister Joe Volpe in April to improve the family unification process for immigrants living in Canada.
"Family unification is a cornerstone of Canada's immigration policy and is enshrined as an objective of immigration legislation," says Wendy Danson, of Edmonton, Chair of the CBA Immigration Law Section. "We support and welcome the positive steps being taken by the government to speed up the process for bringing parents, children and siblings of those already living and working here."
The CBA has called for improvements to the family reunification process for many years, most recently on April 15 in Banff at the national Continuing Legal Education program on immigration, where the Minister and his officials were present.
Making Booking Hotels Easy
MeetingMax online bookings help you save time & money
The CBABC has launched its latest membership service that allows CBABC members to conveniently, quickly and cheaply access hotels online. This web-based hotel-booking service gives members the opportunity for great hotel savings.
MeetingMax Inc., our service supplier, is familiar with venues and hotels all over North America and is constantly expanding its services. It is continually updating the CBABC's list of contacts and inspecting locations to be sure we are current, so you have the most up to date information. The CBABC is proud of this new service to its member and hopes MeetingMax will provide great value for years to come. Check it out at www.cba.org/bc- hotels are being added all the time!
New Member Service
Adventures Abroad now offers CBABC members up to $350 off their inclusi ve cultural programs.
Adventures Aboard is a leading operator of small group and independent exploratory holidays. For more information, visit www.cba.org/bc; click "Member Savings" and "Travel."
GolfBC
Don't miss these exclusive member benefits with GolfBC. Apply for your free GolfBC Rewards Card and receive 500 complimentary GolfBC Reward Points (redeemable for rounds of golf at nine different courses) and a free subscription to GolfBC eNews! Earn one point for each dollar you spend (pre-tax total) at any GolfBC property. Take advantage of this offer (expires June 30, 2005) and begin redeeming immediately. No membership dues or renewal fees. For details on the rewards program, please visit www.golfbc.com.
Check out www.cba.org/bc (see "Member Savings" under "Membership") for current and upcoming promotions. We are continually updating the website to pass along great savings to all of our B.C. members.
Whistler Blackcomb
CBABC still has adult lift tickets for the great price of $38 [plus tax). Use for cycling on the downhill bike park or skiing! See www.cba.org/bc for details and an order form.
Attention Sports Fans
CBABC members receive preferential pricing on tickets for Vancouver "s favorite sports teams, including the B.C. Lions, the Vancouver Canadians and the Vancouver Whitecaps.
Chapters
The CBA Chapters discount ends on June 30, 2005. We encourage members to take advantage of the 10 per cent discount while it"s still available. Please note that online ordering at a 20 per cent discount with Ind igo will continue.
Arts and Entertainment
We offer up to 20 per cent off regular prices for some of Vancouver"s most popular attractions. Visit www.cba.org/bc for ticket information
The CBABC sponsors 73 Sections which play a vital role i n keeping members informed both on changes in the law, and legal and po l it i cal issues affecting a given area of practice The y are the main resource ut il ized by the CBABC in legislative re v ie w, law reform initiatives and in responding to matters affecting the profession What follows is a sa mple of the recent activities of some Sections.
CRIMINAL JUSTICE-OKANAGAN
Guest speaker Ed Pedersen examined the report on wrongful convictions by the Committee of federa l , provincial and territorial heads of prosecution. The Committee classified the major problem areas that have resulted in wrongful convictions. These included :
• eyewitness problems;
• defence counsel Incompetence;
Bentley practises wi ll s and estates law at Kerr
• malicious prosecution (including lack of disclosure); Vancouver.
• problems with expert testimony; and
• false confessions.
The Committee made the following recommendations to assist in prevention:
Eyewitnesses: Have an independent lineup and make sure there is no knowledge of the case or of witnesses by the parties involved. The Crown should make sure that the witnesses are never interviewed collectively, never coached and never told whether the identification was right or wrong . The Crown should be wary of prosecuting with a single witness A third party witness should be present for witness interviews
Informants: In custody informers should be rigorously prosecuted if they are lying. All justice professionals should be educated on policies , procedures and dangers surrounding reliance on in custody informers. The Crown should avoid using them unless absolutely necessary . Any agreement with in custody informers must be in writing.
Expert Testimony: Care should be taken to ensure that the expert is qualified to give the opinion.
Sometimes experts feel that they need to be biased and to consider who is paying them . Be satisfied that the evidence is being used for its proper purpose.
False Confessions: Standards for interviewing should be implemented to enhance reliability. All interviews should be audio/video recorded Police should be trained for t ak ing confessions and be educated about why people confess.
Education: Educate police, crown, defence, forensic scientists and hold a national forum on wrongfully convicted persons.
ELDER LAW
Gerontologist and health care consultant Gillian Telford spoke on situations involving end-of-life decision-making She outlined the practicalities involved in handling DNR or "do not resuscitate" orders in institutional settings and introduced members to the level system used by hospitals to classify instructions regarding care of patients in DNR situations:
Level 1: comfort measures only, no medication (including antibioti cs) , no medical interferences;
Level 2: comfort measures and oral medication only, like an t ibiotics;
Level 3: invasive procedures such as naso-gastric tub e feeds, intravenous antibiotics; and
Level 4: all of the above plus cardio-pulmonary resuscitation, being kept alive with a respirator.
FAMILY-VANCOUVER
Greg Blue from the B.C. Law Institute and Professor Keith Farquhar from the UBC Faculty of Law gave a presentation on the B C. Law Institute's proposal to reform succession rights and the post-mortem clivi-
Shelley
Redekop Leinburd & Boswell in
sion of family assets. Mr. Blue presented the Committee's recommendations for the Section's review and comment.
Under the Family Relations Act (FRA) a spouse automatically gains a one - half interest in all assets that qualify as family assets once a triggering event occurs . If a spouse dies after a triggering event the survivor is no longer entitled to claim relief under the FRA. The same is true if a triggering event has not occurred. Any claim a survivor might make with respect to family assets will be left to succession law. If the deceased dies without a will, the survivor's claim is limited by the formula provided under the Estate Administration Act (EAA) . If the deceased dies with a will, the survivor is limited to seeking relief under the Wills Variation Act (WVA) and must compete with other family members and possibly a postmarital common law partner.
The Committee proposes resolving these issues by giving a surviving spouse the right to elect to treat the death of the other spouse as a triggering event for the purposes of section 56 of the FRA Under the proposal a survivor could elect to claim a division of family assets under Part 5 of the FRA whether or not a triggering event had occurred . A survivor w h o elects to claim under the FRA wou l d be required to forfeit any right to claim under the WVA or EAA. If the survivor elects to claim under the FRA, the deceased's executor would have the right to claim reapportionment of the family assets. A survivor who claims under the FRA would not be able to serve as executor. The right of election would be exercisable only within six months of the death. The Committee's view is that the election procedure would simplify the complicated issues that can arise in these circumstances and reduce the likelihood of post-mortem estate litigation. This would represent a policy shift in the direction of giving priority to surVIvmg spouses.
Professor Farquhar criticized the proposed scheme, calling it "conceptually confused" because it attempts to transfer a succession issue involving multiple competing claims by various family members into the FRA scheme for family assets which involves a single contest between two living spouses. It denies the legitimate claims of children by giving priority to spouses in all cases. In his view, the WVA deals with competing claims as well as can be expected. He also
doubts that the proposal, if implemented, would have the effect of reducing litigation. He foresees the same issues that currently a rise under the FRA cropping up, for example , contests about what is a family asset, whether a n asset is exempt from division, and whether reapportionment should o ccur. BT
Section Enrolment 2005/2006
Watch for your Section enrolment renewal package in your e-mail inbox in July! Next year more meetings will be held by teleconference , making it easier for you to attend . Enrolment is dependent upon you being a CBA member.
Sections keep you up to date on practice trends and new developments in the law Meetings provide a venue for members to network with colleagues to discuss issues affecting specific areas of practice Enrolment gives you access to the CBABC website to view or download current or archive materials. Section enrolment forms for 2005/ 2006 will also be available online at www .cba.org/bc.
IDP Expands to Caribbean
The CBA's International Development Program is expanding to five Commonwealth Caribbean countries. Working with the Inter-American Develo p ment Bank, lOP will carry out an assessment of legal aid needs and capacities. Until t he end of August, the CBA will work with the Organization of Commonwealth Caribbean Ba r Assoc iat ions to prepare legal aid reports in the Bahamas, Barbados, Belize, Guyana and Trin idad and Tobago. The project involves consultations with governments, courts, local bar associations, law societ ies and c ivil society groups. The results of th is research will become part of a larger initiative to improve access to justice in the English-speaking Caribbean. Details: www.cba org/CBA/IDP
Stay Connected from Remote Vacation Spots
"If I go on holiday to a North American city, it's easy to phone or e-mail the office. But how can I stay connected from a cruise ship or remote vacation spot?"
It's important to leave work behind and take a comp lete break once in a while. But sometimes a client matter or file demands that you keep in touch. Thankfully, today's technology makes it easier than ever to stay connected to the office.
USE WI-FI
Ms. Mucalov is an awardwinning veteran travel writer as well as a legal writer
You're most likely to want to be ab le to easily send and receive e-mails. Wi-Fi (short for wireless fidelity) allows you to access the Internet, without the need for wires, from "hot spots" around the world. Using a Wi - Fi enab led laptop or other computer (including a handheld PDA - "Personal Digital Assistant"), you can wirelessly send and receive e - mail within a typical radius of 1,500 feet from a hot spot antenna- at speeds 50 to 100 times faster than a dial-up connection. Thousands of airports, hotels, coffee shops , wilderness lodges - and even parks, RV sites and cruise ships- all offer Wi-Fi hot spots . By year's end, 118,000 such hot spots are expected. To find them, check websites like www .wifinder.com and www. wi - fi.net.
Most newer laptops are wireless ready; if you have an older laptop, yo u can buy a wireless adapter (about $35 to $85). If you don't want to lug a laptop with you, hotels and cruise ships typica ll y have desktop computers available.
Many places offer free Wi-Fi to their registered guests. Quebec's Fairmont Le Chateau Montebello, surrounded by 65,000 acres of forest, features free wireless connectivity in all rooms so you can work on
your laptop in the privacy of your rustic suite . At other hot spots, you pay a small fee and may be issued a password. Available by the end of June 2005, a 24-hour Wi-Fi session at 85 California State Parks and Campgrounds will cost $7.95
Major cruise lines usually have designated Wi-Fi hot spot areas as well as Internet cafes on board their ships. All of Princess Cruises' 14 cruise ships are Wi-Fi accessible with computer terminals on board; it costs $10.50 US for 30 minutes of time . Carnival Cruise
Lines' new Carnival Valor goes even further- it's the first cruise ship to offer "100% bow to stern" wireless Internet access from every pool deck, bar, lounge and cabin. Laptops are also avai lable for rent in case you haven't brought your own.
(If your ship doesn't have an Internet facility, then head for the nearest library on shore They usually have free computers for the public. Or, ask the crew for an Internet cafe close to where the ship docks.)
Also consider setting up a free e-ma il account like Hotmail (www.hotmai l. com) or Gmail (www gmail.com) that can easi l y be accessed from anywhere around the world, whether wired or wireless. You can also have your e-mail forwarded from your regular office e-mail account to your Hotmail or Gmail account - remember to copy your office email address with any responses you send to clients or other lawyers.
SIGN UP FOR A "DOCUMENTS ON DEMAND" SERVICE
What if you need the ability to do everything on vacation that you can do at your office computer?
This article, by J anice Mucal ov, LL. B., is brought to you by CBA"s PracticeLink
Handy technological solutions include software such as GoToMyPC by Citrix You download the softw a re t o your office computer before you leave, and leave your computer running and connected to the Internet Then from the little Internet cafe you've discover e d whil e elephant trekking in Chiang Rai, Th a iland , you log on to www.gotomypc com (providing your sign-in name and password) and your Thai computer monitor literally displays what you see on your office computer screen
Basically, you ca n connect directly to your office computer and access and work away on your word processing, billing and other programs in the same way as if you were at your office desk. The software includes a remot e printing feature so you can print the construction a greement you ' re reviewing from your offic e co mputer at the Thai Internet cafe as well. The latest 4.1 upgrade even gives you good acces s with a PDA. The " Personal" version costs $19 .95 a month for one computer and you can register fo r just the month you're going to be away Alternativel y, for $ 2. 99 a month , get one Gigabyte of storage (enough for thousands of documents) through Box.net (www box net) Save the draft legal o pinion you want to revise on holiday to Box.net and you can access it from any remote comput e r around the world
Another service , NetDocuments (www netdocuments .com) a llows you access to your entire firm 's repository (archived and work-in - progress documents) via the Internet for an annual subscription fee of $300 per user, per year.
ON THE HORIZON
With current "voice over Internet protocol" (VOIP) technology, you take your VOIP phone and box with
Lawyer Referral Service Increases Consultation Fee
Effective January 1, 2005 lawyers regi s tered with the Lawyer Referral Service [LRS) will charge $25 [plus tax) for the initial half - hour co nsultation
For more information call Lorna O"Grady a t 604646-7858 or toll-free 1-888-687-3404, ext 309
you a nd plug it into a n y I nterne t co nn e cti o n to make fr e e o r ch ea p lon g -di st a nc e ca lls As we ll , n ew Wi - Fi read y ph o n es a r e co min g o ut thi s ye ar , so you can wirel e ssl y co nn e ct a t a n y W i- Fi h o t spo t BT
* All price s i n U S d o ll a r s.
Practicelink
Practicelink is the CBA National's award-winning online collection of practical articles, tools, and tips to help cope with the day-to-day issues of running a law practice. Visit www cba org to access these new Practicelink art icles:
• Five Ways to Get More Business from Existing Clients
• How to Attract [and Keep) the Best and Brightest Legal Talent
• Work/Life Balance? Let"s Get Flexible First
10 Deal Breakers for Clients
These bad habits can be the beg inning of the end of the lawyer-client relationship :
• Hang up on your client.
• Consistently get your accounts wrong .
• Never answer your phone - have the answering machine pick it up
• Take your time getting back to clients.
• Constantly tell clients how swamped you are.
• Be clueless about your client's business
• Double-lawyer as much as possible .
• Disclose information from another retainer
• Don"t keep your client in the loop
• Don·t bother to contact your clients until you send them your bill.
For more information, please read CBA Practicelink ' s full article : What Do Your Clients Really Think of You?
The Conference at the End of the Universe
Ijust returned from the same conference I've gone to every year for the past 16 years. Filled with clients and other
Torontonians, it will be inconvenient for everyone else to the same extent." Because it is convenient for the Torontonians to be close to lawyers, it's the usual flag-planting exercise we must all do from time to time (lest our firm flags be planted elsewhere). On the first night, I was hobnobbing with other lawyers in the company of too much alcohol and not enough sleep. The next morning I had to chair a round table d iscussion with my good friends "aspirin," "headache" and "coffee."
It's well-organized by hardworking and dedicated people, but it's always (and I mean always)
Tony Wilson i s a Franc h ise and Trademark lawyer practisi ng at Boughton in Vancouver. He does not expec t to w i n this year's coveted "I Love Toronto" Award. E-mail: twilson@boug hton.ca
held in Toronto; a city known for the belief among its citizens that it is the Centre of the Universe. Recently, the conference was moved to a Gulag at the very edge of that universe, where the airport meets the 905 area code, and where Mississauga, Toronto and Etobicoke meet to swap shades of the color grey. A conference near the airport is meant to be convenient to Torontonians, who can drive there without having to go to the trouble of flying there like the rest of us It's said being next to the airport is also convenient for the out - of-towners, because we can all leave in a hurry. In other cities, staying around for an extra day to take in the sights is a selling point In Toronto, making a quick getaway is the draw. Those who deny this haven't seen the exodus from the City every summer weekend to "Cottage Country," proving to me at least that Toronto isn't so much a city to stay in as one to escape from. You work, you leave. After all, that's why they invented Muskoka. Having lived for a time out there, I feel qualified to espouse my theory about conferences. It goes something like this: "if a conference is convenient for
Toronto, we non- Toronto types are plunked in the middle of a Mississauga moonscape, surrounded by immense robotic looking hydro lines, strip mall s from hell, and drab soulless buildings designed by expatriate Soviet planners (who, after discovering the awe and beauty of brick, decided to build everything possible with it) Add to that a conference hotel so close to the airport, wide - body jets fly 300 feet above
the roof every four minutes until 1:00 a.m.
I am a firm believer in attending confe r en ces in the dead of winter, when it's so wet and dreary on the coast, rain floods my shoes and moss grows on the north side of my car. Vegas, San Diego, San Francisco and Phoenix are all destinations known to be warm when the rest of Canada is shivering. New York City in January is cold, but because it has the best museums, restaurants and nightlife in the world, I'll put up with its weather. (Could it be worse than Toronto's?) Having never been to Quebe c City, I'd go there in a flash, regardless of the temperature, just to absorb the atmosphere. And for those who shudder at the thought of a conference in St. John's, Newfoundland, I'm told it has great bars, a colorful history, a thriving local culture and icebergs, which makes it so much more interesting than Mississauga, which just has the icebergs.
My colleagues who live around Toronto tell me it's a great place to live, but they wouldn't want to visit there, lending support to my new theory that if you always pick Toronto for your convention, the out-oftowners may start having it in Vegas without you. BT
Member Services
Bringing you better online access to services
As a value of membership, CBABC members have free access to the Lawyers' Directory portion of the online directory at www bccbadirectory.org. Members can search for B C. lawyers by name, firm, city, preferred area of practice and second language listings for free. For a nominal subscription fee of $20, members can also access the Legal Resource Directory; a listing of government, judges, courts, professional services, CBA, and law-related groups.
PREFERRED SUPPLIER NETWORK
Patricia Jordan is the CBABC Manager, Interactive Med ia. She welcomes your comments, questions and suggestions Tel: 604-646-7861
E-mail: pjordan@bccba.org
The CBA's Preferred Supplier Network is an exclusive group of national companies that provide products and services to enhance members' professional and personal bottom lines. Preferred Suppliers also support the CBA through sponsorship and advertising which contribute to our ability to serve you better. The CBA's Member Service Program features companies that offer additional services and discounts to CBABC members . Recent additions to the network include:
AVW- TELAV offers audio visual and presentation technology services and solutions to help you create successful meetings, corporate events, trade shows and exhibits. In addition, AVW- TELAV provides system design and integration for permanent audio visual applications.
Canadian Process Serving Inc. (CPS) offers the largest collection of process servers in the world. For the past 21 years they have provided reliable process servers in Canada . Their process servers can serve your legal documents for you, take care of issuing and filing services, and offer many more legal services that you may need. CPS has developed a rewards
program with exclusive benefits for CBA members. For mo r e information call 1- 800-465-7378.
HR-DEPT.COM is a low-cost Internet-based human reso u rces administration system. It includes employee record keeping, tra ining, records management, vacation administration and sched u ling, online employee di r ectory, online policy manual, forms library and much more
ACCOMMODATION : B.C HOTELS ONLINE
Now CBABC members can ac cess and compare g r eat negotiated
hotel rates all over B.C in one easy stop. With the Branch's newest member service, MeetingMax, you can view comprehensive li sts of a ll room rates, amenities and photos, of every ho t el at which the CBABC receives exclusive savings!
SPEC IAL DISCOUNTS
Playland at the PNE offers a variety of fun-filled activities for the entire family including thrilling rides, midway games, a climbing wall, mini go lf course, glass maze, the Asylum of Terror and much more. CBA members receive a 20 per cent disco u nt on adult tickets; call Josey Schaefer at 604 - 646-7855 to order your tickets today.
TERMINA L CITY CLUB'S EXCLUSIVE OFFER TO CBA MEMBERS
CBA members receive a 25 per cent disco u nt when they join this prestigious Vancouver socia l club. Fo r details, contact Hal Ruppe at 604-681 -2141.
Learn about the many products and serv ices offe r ed by these and other CBA Preferred Suppliers at www.cba.org/bc in "Membership" under "Member Savings." BT
Every effort is made to ensure the accu r acy of the information provided to you in this article but the informat ion shou l d not be relied upon Lawye r s should refer to the specific legislative or regulatory provision You will see a r eference i n 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 F ROM MARCH 1 TO MAY 24, 2005
L eg islative Update is prov i ded as part of the CBABC legislation and law reform program. It is a service fu nded by CBA membersh i p fee s , and is therefore provided as a benef i t of CBA membersh i p The full vers i on of L egislative Update is p u bl ished onl i ne, ava il able to CBA members exclusive l y at www.cba.org/bc.
Sectio n s 115, 116, the part of section 117 that enacts sections 24.1 and 24.2 of the Mental Health Act, sections 118 and 119 are in force April4, 2005.
ATTORNEY GENERAL STATUTES AMENDMENT
ACT, S.B .C. 2004, C. 57 (BILL 62)
Section 20 is in force April 4, 2005.
BUSINESS PRACTICES AND CONSUMER PROTECTION
ACT, S.B.C. 2004, C. 2 (B ILL 2)
The definition of "telemarketer"
BARTALK
St uart Rennie
B.C. Branch Legislation & Law Reform Officer
Tel: 604-949-149 0
E-mail: srennie@bccba org
in section 142 and section 143(d) is in force October 1, 2005.
CORRECT ION ACT, S.B.C. 2004, C. 46 (BILL 44)
Sections 36, 40 and 43(a) and (b) are in force Apri l 18, 2005.
EXPROPRIATION
AMENDMENT ACT, S.B .C. 2004, C. 61 (BILL 67)
The Act, other than sections 22, 30, 31, 35, 38 and 40 to 42, is in force March 18 , 2005.
HEALTH PROFESSIONS
AM ENDMENT ACT, 2003, S.B.C. 2003, C. 57 (BILL 62)
Section 21, except as it enacts sec-
tion 32.3 of the Health Professions Act, is in force July 1, 2005.
MOTOR VEHICLE AMENDMENT ACT, 2004, S.B.C. 2004, C. 68 (BILL 66)
Section 7 is in force May 1, 2005. Sections 1, 3 to 6 and 12 to 16 are in force April1, 2005. Sections 2, 9, 17, 20, 21(c) and 23 are in for ce June 15, 2005. Section 10 as it enacts section 95(1)(d) of the Motor Vehicle Act and section 21 (a) as it enacts section 234(2)(b) of the Motor Vehicle Act are in force April 1, 2005.
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Trust Adm inistrat ion Fee Task Force
The CBABC Executive Committee, in response to concerns raised by members , has struck a new Task Force to address concerns raised about the implementation of the Law Society's Trust Administration Fee [TAF]. Task Fo rce members include Stella Frame , ian Aikenhead , Ted Strocel and senior staff at the B C Branch.
The Task Force put out a call for information and feedback from members , and the response has been immediate and voluminous. The Task Force extends its thanks to all members and law firm administrators who have taken the time to share their thoughts.
As a next step, the Task Force has extended a meeting invitation to Ralston Alexander Q.C., Law Society of B C President and former Chair of the Conveyancing Practices Task Force that recommended the TAF to the Benchers of the Law Society.
Any member who wishes to provide input on the work of the TAF Task Force is encouraged to do so, as the CBA explores options for action in response to concerns about the TAF. Please send comments to Task Force Chair Stella Fr ame at cba@bccba.org
Legislative Up da t e con t inue d
RAN GE ACT, S.B .C. 2004, C. 71 (BILL 57)
The Act is in force March 31, 2005.
THOM PSON RIVERS UNIV ERS ITY ACT , S.B .C. 2005, C. 17 (BILL 2)
The Act is in force March 31, 2005.
Notice to the Profession
Proposed Amendment to Rule 26
The Supreme Court Rules Revision Committee continues its consideration of the problems created by Peruvian Guano. It is believed that the test for producibility is too broad and that the volume of documents disclosed has become overly burdensome, both to the party giving production and to the party receiving production. There is a consensus on the Committee that change is needed and that Rule 26 ought to be amended.
The Committee will not reach a conclusion on this question before the end of the Rule 68 pilot project on September 2, 2007 The solution to the Peruvian Guano problem may be found in that pilot project. Due to the importance of the issue to litigants, we hope for continuing input from the bar.
Some members of the Committee believe that more fundamental change than Rule 68 provides is required. They have prepared a draft rule to replace Rule 26 . If adopted, this new rule would provide for:
1. mandatory disclosure of only those documents which the disclosing party intends to put in ev idence;
2. ad hoc court-ordered disclosure of other documents only where the party seeking disclosure can demonstrate that another person may reasonably be expected to have documents which would be admissible to prove or disprove a fact in issue; and 3. Peruvian Guano disclosure only where the party seeking such
UNIVER SITY AMENDMENT
ACT, S.B.C. 2004, C. 74 (BILL 60)
Sections 3, 4, 5, 6, 9, 11 and 12 are i n for ce April1, 2005.
Sections 1, 2, 7, 8 and 10 are in fo rce Sep t ember 1, 2005.
WATER, LAND AND AIR PROT ECTION STATUTES
AMENDME NT ACT, 2003, S.B.C. 20 03, C. 90 (BIL L 55)
Sections 14( b) a nd (c) and 15 are in force April15, 2005. BT
disclosure can satisfy the court that such disclosure is appropriate in a particular case. At the conclusion of the Rule 68 pilot project, the Committee will consider all of the options and comments presented to it and will make a recommendation to the Attorney General. All mem -
bers of the bar are encouraged to send written comments to the Committee, care of Ms. Judith Hoffman, Secretary, Rules Revision Committee, the Supreme Court of B.C , 800 Smithe Street, Vancouver, B.C . V6Z 2El.
Law Week 2005
Ambitious program ignites interest in annual event
Law Day celebrates the anniversary of the Charter of Rights and Freedoms, each year with a different theme- the 2005 theme was "TV Lawyers : Fact or Fiction." In B. C., Law Day has expanded to a full week of activities. Law Week events are organized by lawyers in their local communities.
The CBA thanks the Law Week Committee members for their hard work in organizing Law Week 2005. The Committee, chaired by Michael Warsh, i ncluded Madam Justice Laura Gerow, Karen Carteri, Michael Dunn, Barbara Sage, Debbie Granger, Sarah Klinger, Arsen Krekovic, Darlene Leavitt and Forrest Nelson.
Law Week is funded by the Canadian Bar Association, the Law Foundation of B.C. and the Vancouver Bar Association
Open Houses
Open houses were held m Courtenay, Duncan, Kamloops, Nanaimo, Vancouver, Vernon and
LAW
A child is fingerprinted at a Law Week information booth at the Kamloops Open House. '"Oyez
Victoria. They included mock trials, meet the sheriff, taser demos, tours, law classes, law consultations, Q&As with judges, speeches, information booths and more Here are a few summaries of loc a l events:
COURTENAY- SATURDAY, APRIL 16
Law Day in the Comox Valley was celebrated with an Open House at the Courtenay Courthouse. Members of the lo cal bar association held seminars on Child Support Guidelines, Custody and Access, Will and Estates and Representation Agreementsall of which were very well-attended There was free cookies, juice and balloons for children. Throughout the day, people visited the courthouse and the local sheriffs staff gave cell tours.
The highlight of the day was a mock trial by a local theatre group The Big Bad Wolf was on trial for a variety of crimes and Mother Goose presided over the proceedings. In a strange turn of events, it was discovered that Billy Bob Wolf was the perpetrator, under th e ev il guidance of Mother Goose herself, who was led away in shackles.
The day ended with a Judge's Q&A Forum with Judge Carol Lazar and Judge Keith Libby. Thanks
House.
to all those who made this celebration of the ChaTter a success!
DUNCAN -WEDNESDAY, APRIL 26
Law Week activities consisted of an Open House held at the local courthouse. There were many participating entities including the Cowichan Valley Bar Association, Court Registry Staff, Probation, the RCMP, Victim's Services, Crown Counse l and Sheriffs. Members of the local bar were availab le to answer le ga l questions and a Law & Order career room was set up. There were seminars on Pardons, Wills and Estate Planning, Small Claims, Lega l Services, Family, and Residential Tenancies.
KAMLOOPS- THURSDAY, APRIL 14
On April 14, from 6:00-8:00 p .m. the Kamloops bar, Sheriffs Office, courthouse staff, RCMP, various support services and Kamloops Notaries' Publ ic held the first Kamloops Open House in more than 10 years.
The search demonstration by the RCMP (with their dog) was particularly popular. The bar also conducted an Alice in Wonderland mock trial with an
Oyez!" A town crier announced the Vancouver Open
actual judge, prosecutor and defence counsel. Alice was found "not guilty" despite clear evidence that she committed the dastardly deed. This trial attracted many visitors Several lawyers were available to answer Family, Criminal, Personal Injury and Estate questions.
Sincere thanks to the volunteers who contributed to the success of the Open House. Special thanks also to Law Librarian Denise Ca ldwell , who did an excellent job of organizing this event.
VANCOUVER- SATURDAY, APRIL 30
The CBA hosted a Law Week Open House at UBC Robson Square in downtown Vancouver o n Ap ril 30 between 10:00 a m. and 2:00p.m.
The Open House had four free 90-minute legal classes offered by the People's Law School for members of the public The topics were Chi ld and Spouse Support, Wills and Estates, Custody and Access and Employment Standards. An article in the Vancouver Sun on April29 publicizing the classes was very helpful in motivating people to attend. In all, more than 400 people participated in the event.
At midday keynote speakers stepped up to the podium. In the afternoon grade six students from York House School performed an Alice in Wonderland mock trial. Barb Sage, who facilitated the mock trial said, "The students enjoyed the experience and were delighted to be filmed by three TV stations in their homemade costumes Overall, I think they gained a enhanced understanding of the Canadian legal system."
In addition to the legal classes, speeches and mock trial, there were information booths by lawrelated and service organizations.
VICTORIA- SATURDAY, APRIL 16
Victoria's first Law Day celebration in many years was a success, much to the delight of the Victoria Committee: Darlene Leavitt; Forrest Nelson; Kerry Simmons; Sarah Klinger; and Suzanne Bell of Court Services. The trial of the Three Little Pigs ran twice, with the jury box filled with young jurors (Sneezy the Wolf was found
guilty each time) and the courtroom full of spectators.
Members of the public also fi ll ed the courtroom to hear "Court Talk " by Sylvia Sangha of the Law Courts Education Soc iety and to participate in the Q&A session with Mr. Justice Malcolm Macaulay. There were information booths by law-related and
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anything else.
The Hon Judge William Sundhu talks with children during the "'Meet a Provincial Court Judge·· session in Kamloops.
The Victoria mock trial included characters from the Three Little Pigs and the Gingerbread Man, who was a witness. The Gingerbread Man"s testimony was found to be unreliable as he had been too busy running as fast as he could to really pay much attention to
Open Houses continued service organizations. One of the most popular events was the opportunity to take a tour of the holding cells and Sheriff Services transport vehicles.
The pairing with the Second Annual Glenlyon Norfolk Provincial Moot Competition was also very successful, as students from various B.C. high schools competed for best argument. Penticton High School and Shawnigan Lake School placed first and second, respectively.
Local organizers sincerely thank those who made Law Day the success that it was: the lawyers who played parts in the trial and at other venues; the court clerks and sheriffs who volunteered their time; and the CBA and the Victoria Bar Association for their sponsorship of the event.
Dial-A-Lawyer
The CBA held its province-wide "Dial-A-Lawyer" program on April 30 between 10:00 a.m. and 2:00 p.m. During that time, members of the public called to speak with a lawyer volunteer about a legal problem for up to 15 minutes.
In 2004 the Dial-A-Lawyer volunteers answered more than 400 calls. We have anecdotal information that suggests this program was once again very popular with the public of B.C. Unfortunately due to a computer problem, we were unable to collect statistics on Dial-A-Lawyer calls for 2005.
The Law Week Committee thanks the following volunteers who answered Dial-A-Lawyer calls: Gary Abrams; Ed Barnes; Manjeet
Chana; Veronica Cheng; Peter Cheung; Joe Coutts; Gal Dor; Kallen Fong; Nicole Garton; Barry Grabowski; Kyle Hyndman; Richard Lee; Cindy Lee; James Lin; John McGreevy; Grant Meng; Helena Shum; Shawn Smith; Bonnie Teng; Kenneth Thornicroft; Iven Tse; Richard Turner; Florence Wong; Gordon Yu; and Tim Vondette, who very kindly ensured that the day went smoothly.
Fun Run/Walk
Grows by 40 per cent
The second annual Law Week Fun Run/Walk took place on April 10 at UBC. In total, 75 participants took part in the Run/Walk, which was a 40 per cent increase over last year. There was face painting for children and plenty of bagels and oranges at the finish line. Great fun was had by all. The top male and female finishers were:
1 Gordon Christie 1 Candy Thompson
2. ian Neville 2 Cindy Mah
3. Craig Dennis 3 Miriam Pala c ios
The B.C. Branch especially thanks volunteers Arsen Krekovic and Marie Brothers for their support of this event. Thanks also to event sponsors Dye and Durham, Avis, Island City Bakery, Canadian Springs and Van Who le Produce.
75 participants took part in the Run/Walk, which was a 40 per cent increase over last year
Dan Carroll acted the role of the King of Hearts at the Kamloops mock trial.
Marlene Mann played the Queen of Hearts role at the Kamloops mock trial.
Student Contests
PUBLIC SPEAKING
The annual Barry Sullivan Law Cup public speaking contest is open to students enrolled in Law 12 classes throughout B.C. The contributions of Barry Sullivan to both the legal and educational professions are honored each year through the presentation of this Cup to the provincial winner
This year 18 students competed at the Law Courts in Vancouver on April 28. The top finishers were:
1. Tania Harsono, Crofton House
2. Nicco Bautista, Vancouver College
3 . Rachel Barr, W.L. Seaton Secondary
4. Nina Saeed, York House
Special thanks to competition judges: Anne Clark, Barbara Collins; Diana Dorey; Elizabeth Edinger; Madam Justice Marvyn Koenigsberg; Terence La Liberte, Q .C.; Anna Fung, Q.C.; Bruce Quayle; and Henry Reiner, Q.C.
ESSAY CONTEST
The Law Week Essay Contest was open to students enrolled in Grades 10, 11 and 12 - Law, English and Social Science Studies throughout B.C The Law Week theme of "TV Lawyers: Fact or Fiction" appears to have resonated with students. The top finishers were:
1. Arif Khimani , Burnaby Mountain School
2 Anthony White, StThomas More Collegiate
3. Kevin Ma, Burnaby Mountain School
Law Cup public speaking contest. The students gave the i r speeches in courtrooms at the Vancouver Law Courts. [Two students not shown.)
Student Mentor Program
This program has long been a successful part of Law Week Strong support from lawyers has provided a valuable opportunity for many high school students to explore law as a career option and to broaden their understanding of the legal profession.
The Program has two components. The first component involves the students being matched with lawyers who practise in the student's area of interest and the students attending the lawyer's place of work for a half day. High school law teachers and high school counsellors nominate students who they feel would most benefit from this experience.
The second component entails having lawyers attend a high school law class to discuss their work and increase the understanding of students about the legal profession.
This year 21 schools from the Lower Mainland
and 38 lawyers participated. The Law Week Committee looks forw a rd to the continuing success of this program next year and thanks the following lawyers for their participation this year: Scott Austin; Corinn Bell; Sandra Benson; Jim Bird; Charles Bois; Phyllis Carlyle; Barbara Collins ; Martha Devlin; Michaela Donnelly; Kevin Filkow; Andrew Gay; Debbie Granger; Reg Harris; Faith Hayman; Lindsay Herron; Chris Hope ; Nick Hopewell ; Leslie Howatt; Leonard Kompa; Gerard Law; Jonathan Lazar; Jenny Machek ; Paul Mendes; Derek Miura ; Joe Murphy; Matthew Nathanson; Gerri-Lyn Nelson; Krista Prockiw; Geordie Proulx; Maggie O'Shaughnessy ; Shannon Ramsay ; Delia Ramsbotham ; Judith Riddle ; Gerry Sair ; Peter Schmidt; Brad Smith; Sharon Steele; Eric Warren; Warren Wilson, Q.C.; and Louisa Wino.
This year 18 students competed in the Barry Sullivan
Reflections on an Eventful Term
When asked recently by BarTalk Senior Editor
Caroline Nevin for some reflections on my term as Chief Judge of the Provincial Court, I thought back to when she interviewed me early after my appointment.! Caroline asked what I hoped to accomplish, and I talked about perhaps predictable goals such as reviewing the Criminal Caseflow Management Rules and the role of the Judicial Council; exploring community courts; and expanding the
Court's website.
Chief Judge of the Provincial Court of B C.
That interview occurred in the calm before what quick l y became a much more tumultuous term than I had expected, with events arising from outside the Court dictating a large part of the Court's and my own direction for the remainder of my term. Each of these events, while they created an immediate challenge for those of us charged with administration, also contributed in a positive way to the Court's development.
Those events of course included the courthouse closures of 2002, but commenced well before that with two successfu l B.C. Supreme Court challenges to the independence of justices of the peace, in the fall of 2000 and spring of 2001,2 necessitating a complete reorganization of the traffic, after-hours bail, and search warrant functions of the Court. Through these challenges the Court gained a new independent judicial officer, the judicial justice of the peace.
The closure of 24 courthouses in the spring of 2002 led to a period of conflict with government, but the ready and able intervention of several prominent members of the Bar assisted in a quick resolution , and in creating a lasting structure for mutual respect and constructive collaboration between the Court
and the Ministry of the Attorney General. That structure included several written protocols outlining respective areas of authority and responsibility, and created at the instigation of the Law Society, the Justice Review Task Force. Through the JRTF, as it is affectionately known, with Chief Justice Don Brenner of the Supreme Court and representatives of the Ministry, CBA and Law Society of B.C., our Court has
had the privilege of participating as a partner in many promising justice reform initiatives
. Despite the unexpected challenges, there was still time to achieve some of what I initially set out to do, and a few additional things, the most significant of which were a new judges' orientation program, a supernumerary program and a Court-wide strategic planning process
I must say that none of what I did achieve within my term, whether planned or reactive, would have been possible without the incredible willingness of the members of the Bench and Bar to give of their time, strength, energy and wisdom. I reflected recently on how many members of the Court were involved in extra-curricular activities during my term , and found it was most of them. I experienced an equal willingness on the part of the Bar. For those many contributions, and to each of the willing contributors, the Court and I extend our sincere thanks and appreciation. BT
1. Bar Talk, October 2000, Volume 12, Number 5
2 Re Independence of the Provincial Court of BC Justices of the Peace , 2000 BCSC 14 70; R. v Do, 2001 BCSC 1088
The Han. Carol Baird Ellan
Real Lawyers Have Blogs™
These online, publicly accessible, personal journals are the new publishing platform
"Wake up guys, the lawyer and practice group blogs train is leaving the station I wouldn 't miss it."
That quote is from Kevin O'Keefe, former trial lawyer and president of LexBlog, Inc., a legal blog design firm in Seattle. Kevin has a blog called Real Lawyers Have Blogs ™. His blog is a fabulous resource for lawyers thinking about starting a legal blog , including how Real Simple Syndication (RSS) and Search Engine Optimization work, how to write
Christine Mingie is an associate at Lang Michener LLP. Her forestry law blog is at http://forestrylaw blogs com.
for a legal blog and law blog basics. I st a rted a forestry law blog recently, having read (and implemented) just about all of the advice on Kevin's blog. Less than two weeks after my blog was publicly released, it hit #1 at Yahoo and Google for the terms I was targeting. Last week a legal blog run by law professors from Italy, Spain, Portugal and Brazil began carrying my blog posts on theirs in another language to give it a wider audience. Overnight, it was a forestry law resource in Europe. Blogs are new and powerful. B.C lawyers should take note.
BarTalk interviewed Kevin for this article. Here is what he had to say.
Why should a lawyer or law firm make the move to a blog when they already have a website?
It's not a rip and replace where a firm replaces a website with a blog . A blog complements a law firm website. It's an educational magazine focused in a niche area of the law whereas a website is a firm brochure. A blog is published by a practice group or an individual lawyer or two and not the firm as a whole.
Here are the reasons to launch a law firm blog: • Blogs will far outdraw a firm website in traffic -
my blog outdraws a lot of the 100 largest law firm websites in the U.S.;
• Blogs draw traffic to the firm site by links from the blog to both the website and lawyer biographies on the firm website;
• Blogs far out perform websites in rankings when the firm's target audience (consumers to corporate executives) does a search on search engines;
• Blogs enhance a practice group or lawyers as leading and trusted authorities on a niche topic;
• When updates are made , subscribers are notified by e-mail or RSS; and
• Blogs are less costly and much easier to update than websites.
Where do you see law firm blogging in a year from now?
Two to three years from now most practice groups in large firms and innovative lawyers in smaller firms will have individual publishing platforms or blogs to sh owcase their intellectual capital or knowledge base We'll see RSS feeds from those blogs into their firm sites so firm sites remain current. We'll see this content syndicated out to third-party sites via RSS so we do not have to work so hard to get published. In one year, we'll see a high penetration rate toward these things but will still have a ways to go. All of these things are happening now but only with the most innovative law firms ... . Blogs get back to traditional marketing and are attracting the best lawyers.
Kevin's blog is at http: //ke vin.lexblog com. He h as designed several blogs including the E-Coli Blog at http: //eco liblog.com and Day on Torts at http://www.dayontorts.com. BT
Aesop's Fables of Articling
Many of us choose law becau se we anticipate a dynamic career filled with challenges inviting creative solutions. Few of us anticipate that searching for articles could be among the greatest of those challenges
THE HARES: BE FAST OR BE LAST
Focusing on su mmer articles 1s now c ommon practice among large firms, and large firms are the most significant employer of arti -
cling students .
a
research lawyer and a member of the BarTalk Editorial Board.
For these firms, the summer articles program is a chance to foster teamwork and loyalty. It is also a chance to hire students on a probationary basis before investing in them for a year, or longer
For the studen t s, the net effect of this pre - anicling recruitment is that few articling positions are actually available for those who have not already been branded and groomed by a firm through its summer articles program. A firm may advertise that it hires five articling students, for example, but the reality is that the previous year it hired five summer students, all of whom are expected to fill the available articling positions. Occasionally one may fall away , leaving one a ctual position available to the scores of applicants who are not so hot off the mark.
THE TORTOISES: DETERMINED TO WIN
The students who are not snapped up for summer articles tend to be mature students who are less likely to bond with a crop of eager 20 - somethings, and those with only average marks. That is a large portion of the student body There are other reasons why a student may have missed out on the summer hiring: some transfer in from other jurisdictions; some
give birth and take a few months off, or more ; some take perhaps the last chance they'll ever have to go travelling for a few months Those choices may come at tremendous cost to their articling prospects.
Mary is a lawyer called in another jurisdiction who has been actively searching for articles since coming to B C over a year ago. "It is devastating," she says. As both a foreign-trained lawyer and a middle - aged adult, she is doubly
disadvantaged. She says that "companies do not trust foreign credentials ," and even worse, "I've been told I won't find articles at my age ."
The irony is that even young students who land the more lucrative articling spots in downtown firms were sometimes forced to go that route despite their preference for slower-paced "lifestyle " practices in smaller markets. Joan is one among many who graduated with student - loan debt so significant that it limited employment options. Joan did the usual schooling: after high school she went straight to a B.A. and then an LL.B , after which her debt load was so high that she could not afford to take the sort of job she would have preferred . She still came out owing roughly $45 ,000. Payment for those loans began six months after graduation, so Joan could only accept a job that would allow her to meet that obligation. Payments on a debt load that high are more than $400 a month, spread across 174 months. "That is a long time to be paying, but in the short term it also had a significant impact on my job choices. When I first began to make articling application, I was really attracted to working in a small to midsized centre. I applied to firms in places like
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Susan MacFarlane is
There"s nothing like mentioning the search for an articling position to provoke some anxiety in the mind of a law student. Much of the stress flows from a sense of not having sufficient information about the process. With this in mind the Canadian Bar Association , B C Branch, wants to help students relax a little by getting the " straight goods "' on articling positions A survey has been e-mailed to a target group of CBA members and is also available online for anyone interested in providing advice at www.cba.org / bc This survey was designed to obtain some basic i nformation and practical advice about the process from the perspective of current articling students and young lawyers, to be shared with incoming students.
Articling continued
Kamloops, Kelowna , Vernon , Nanaimo, and Abbotsford. I got some offers at very cool places where I would have been doing some interesting and diverse work , but the pay scale was horrendous. " She described offers as low as $1,350 monthly and concluded that "I had to start looking for higher-paying jobs , despite the fact that I wasn't interested in working at a large downtown firm "
Students now working for little more than $1,000 monthly are still luckier than some, who resort to offering to article for free. Free articling is evidently not something many firms will consider. It creates inequality and a stigma among young law yers, particularly where an articling student is already on salary at the firm , or has recently become a junior associate Free articling is only an option at small firms where the cost would prevent them from hiring a student, and M a ry, who has tried offering to article for free , says even these small firms "are not keen. "
Splitting articles is an option for a student who ma y be articling with a b o utique th a t can only offer limited instruction , or with two small firms, each of
A new section for students will soon be created on the CBABC website, and the survey results will be moved to this area once it is complete
To date, 54 members responded to our Articling Survey and all results are also available online to CBA members.
This is the first survey the CBABC has created The redesign of our website has enabled the CBABC to use this valuable new survey tool created in-house by the CBA National office If there are other issues members think we could address in a survey format, pl ease forward your suggestions to webmaster@bccba.org.
which can only afford half an articling student. More common is a student wholly assigning articles, whether because the fit just didn't work or because the initial firm ceased to exist.
For whatever reason , the percentage of lawschool graduates who secure articles has been declining in the past five or so years . Although there are articling positions out there, "this is very cold comfort to anyone who just doesn't m a tch the profile that articling students are generally expected to fit," Leon says. He is a mature student who has been searching for articles for over a year. He has looked at alternative careers , but says, "It is my impression that those who successfully pursue them usually have articled and been called. An LL.B. without being called is an abortive project."
No one expects articling to be easy, any more than one expects the practice of law to be easy The people who are attracted to it are fiercely dedicated and determined But there are unexpected hurdles in this race that are higher for some than for others, and we have to consider whether that is in the best intere sts of the profession generally. BT Pseudon y ms were used in this article
Bar Moves " 71
Have you recently changed firms or opened a new firm? Send submissions [maximum 25 words) to Bar Moves at cba@bccba.org
PAUL BARCLAY has left Peck and Company to join provincial Crown Counsel in Vancouver.
ALLISON CATHERWOOD has joined McQuarrie Hunter as an associate where she will practise in the New Westminster office in the areas of civil litigation with a focus on personal injury.
DEV DLEY, former Commissioner of the Western Hockey League, has opened a law firm in Kamloops . Mr. Dley will continue to practise civil litigation with an emphasis on insurance and personal injury law.
KEITH J. ENGEL, formerly a partner at Gowlings in Calgary, has joined the Kelowna law firm Benson & Co. where he will continue his securities and corporate commercial practice .
RICHARD J. ENNS (providing legal services through Compass Law Corporation) has joined the firm of Allan Francis Pringle as a partner and will continue his practice as a solicitor.
Two new associates have joined the ranks at Sliman, Stander & Company as solicitors. Both SHEILA G. EVAN I and DREW LAWRENSON will practise in the areas of general corporate and commercial law.
JULIE D. NICHOLS has left Ogilvy Renault and joined Borden Ladner Gervais LLP. She continues to practise labour and employment law.
RUTH MAGNUSSON has left Clay & Co. to join Straith and Company where she will continue to serve her clients, particularly in the areas of commercial leasing, real estate, wills, trusts, and adult guardianship
DENNIS RYAN has left the partnership of Lang Michener LLP to join the partnership of Fasken Martineau DuMoulin LLP where he will continue his forestry law practice.
Clay & Company is pleased to announce that MARGARET SASGES and NEIL VALLANCE have joined the firm, where they will continue to practise as solicitors.
WINNIE SUNG has joined Hungerford Tomyn Lawrenson and Nichols in Vancouver after articling there to practise civil and commercial litigation as well as general corporate/ commercial law
ROGER S. WATTS, formerly of Camp Fiorante Matthews, has joined the firm of Slater Vecchio in Vancouver as a litigation associate.
CBA members, this job site is for you. View most job-related inserts before BarTalk is mailed and jobs advertised through the weekly e-mail to CBA members. Click ""Practice Resources "' and then ""Legal Careers"" -you will need your CBA ID number to log in.
www.cba.org/bc
Allison Catherwood
Voice From Dadaab
A Port McNeill lawyer provides an inside look at a United Nations office
It is with the deepest shame that I confess that I have become a paper pusher in the UN High Commissioner for
Refugees office m Nairobi (UNHCR), a place with no shortage of paper pushers. "Aye, I have so much work to do," sighs one of my co-workers, a Kenyan lawyer. This is one of the primary activities of the UN bureaucrat: visiting their similarly burdened colleagues and spending a great deal of t ime discussing how they have so much to do.
Seaborn works for the United Nations High Commissioner for Refugees.
Another very popular, and time consuming, pastime is looking for the file. One could grow old here, wandering the many corridors, trying to collect the files you are meant to be working on. This leads to an oft repeated scene in which I approach the person whom the Registry says has the file and endure a tirade about how they don't have the file, they gave it to so-and-so ages ago and, really, what are those Registry people thinking anyway. I back out, apologizing profusely, and return, empty-handed, to further wander the corridors. Looking for the file is really the ultimate UN bureaucrat activity as it combines spending time with colleagues, complaining, not getting anything done and pointing the finger at another person or department and examining the depths of their incompetence.
The Registry, dark and dusty in the basement, is the domain of the Machiavellian, subterranean creatures, the File Clerks There, below street level, they guard the files with all the zeal of apostles on a religious mission. If they have a purpose on this earth it is to prevent staff from removing files from the Registry where, possibly, they might suffer irreparable harm or, of greater concern, actually be used to assist a refugee . They are masters at their sacred mis-
sion. The Clerks are also masters in subtle manipulation and the intrigues of the bureaucratic world. I am a simple, straightforward Canad ian who pra ctised law on northern Vancouver Island. When I cross swords wi t h them, I get slaughtered every time.
Early on I was r equired to spend a wee k working in the Registry, filing bits of paper. Several years ago there was a scandal at this office: staff were
demanding money from refugees to submit them for resettlement to western countries. The office lives very much in the shadow of t h a t episode So, new staff put in time a t the Registry, which never has a shortage of pieces of paper to file, before they have contact with the refugees and become "tainted," after which the inner sanctum of the Registry is barred to you. I would be locked into the file room, with its thousands upon thousands of dusty, dirty files, with a mound of paper to file and ample time to reflect on how, now in my middle years, I was certainly making fine use of my two university degrees. In that dungeon are mildewed boxes of ancient unused office supplies, parts of refugee files lying in corners with their discolored contents curling up, newer files piled high on tables because they are out of space, with the contents spilling out and mixing together. I would emerge, blinking, into the daylight and have to scrub my hands, which would be black with grime
I came to Africa asking the question: how can I help these refugees? Unfortunately, I don't seem to have much company in asking that quest ion. Or perhaps a fairer way to put it is that much about this large operation serves to impede rather than facilitate assistance. BT
Michael
VBA/CBA Golf Tournament
Attention all golfers! This tournament is filling up fast. To secure your sp ot for June 23 v isit www.cba.org/ bc and complete a registration form. Don ' t miss out on a great time that supports local law student scholarships.
Congratulations to Fasken Martineau, whose ski team won the B.C Law Firm Ski Race held at Whistler Blackcomb on March 19. The team members were (from left): David McDonald, Kevin O'Callaghan, Carmine Boskovich, Michael Dery, Peter Finley and Gavin Hume, Q C.
June- Au ust
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o2S June 23 ..c July 7 u c ro L... co August 14-16
CBA Member to Run Icelandic Marathon
This August CBA member Carol R oberts will run a marathon in Iceland as part of the Canadian Diabetes Association's team . The team plans to raise money to help people with diabetes live their life witho u t limits and each team member must raise $6,000 in order to participate Carol says she will be running for family members and friends, as well as others who suffer from diabetes. If you would like to donate to this cause, please contact Carol Roberts at 604 -9155222.
2006 Lawyer Show
Step into the spotlight!
Following the success of the fourth annual Lawyer Show, Murder on the Nile, the audition dates for the 2006 Lawyer Show have already been se t :
Wednesday , November 16, 7:00-10:00 p .m . and Sunday, November 20, 1:00-4:00 p m (Arts Club Theatre Company, 1585 Johnston Street, Granville Island , Vancouver).
Book your calendar now and start rehearsing for your chance to perform in this annual community fundraising event , a co-production of the Arts Club Theatre Company and Touchstone Theatre, both not-for-profit registered ch a rities
Fourth Annual Battle of the Bar Bands (Commodore Ballroom, Vancouver)
LAP Fifth Annu a l Gratitude Lunch (Law Courts Inn, Vancouver)
CBABC Committee Appointment Day
Provincial Council Meeting (Delta Airport Hotel, Richmond)
Women Lawyers Forum Annual General Meeting (Law Courts Inn, Vancouver)
New Westminster/Fraser Valley Bar GolfTournament (Guildford Golf Course, Surr e y)
Can a di a n Legal C onference & Expo (Vancouver Convention & Exhibition Centre)
CBIA Introduces Improved Term Life Insurance
Article courtesy of the Canadian Bar Insurance Association (CBIA)
The Canadian Bar Insurance Association Board of Directors is pleased to announce the June 1, 2005 launch of Level 80 Term Life Insurance.* This new plan features several unique improvements over our previous Term Life benefit and is offered at rates significantly l ower than most comparable term life plans
Designed to be both comprehensive and reasonably priced, Level 80 Term Life includes a built - in feature that will pay your premiums in the event a serious disability prevents you from working. It also provides you with the Good Health Renewal Option This unique feature allows you to benefit from your continued good health after your initial purchase date. However, there is no need to worry about your coverage should your state of health change Your full amount of protection will remain in - force, to age 80 , at premiums that are often substantially lower than many other comparable term insurance plan renewal rates.
Level 80 Term Life is one of the most significant and exciting new benefit offerings ever launched by the CBIA. For more information on Level 80 Term Life Insurance, or a no-obligation quote , call your B.C. and Yukon CBIA Authorized Representative, Mass & Co. Financial Planning at 604 - 688 - 8790, or 1-888-477-5630 or visit www.barinsurance .com.
*Underwritten by the Manufacturers Life Insurance Company (Manulife Financial).
Options for Lawyers
Options for Lawyers Seminars are he ld in Vancouver on the third Wednesday of ea c h month. This networking, education and support group for lawyers is free for members of the legal commun ity. For assistance or information, call 604-6852171 or toll-free 1-888-685-2171. The LAP office is located at 415-1080 Mainland Street, Vancouver.
• The Continuing Legal Education Society of British Columbia
CLE Update
6TH BIENNIAL FAMILY
LAW CONFERENCEJULY 7 & 8
Every two years, family law lawyers from across B.C gather at this essential conference to review and discuss the significant legal changes, emerging trends, and hot issues in their area of practice. Take advantage of this unique opportunity to hear from experts within and outside the profession on topics of practical significance to you. Highlighted this year are the new Spousal Support Guidelines and children's issues such as how to deal with children in divorce and mobility, and section 15 report issues.
For more information on this and other CLE courses, plus complete current listings of all CLE publications visit www cle.bc ca, or call 604-8932121, or toll-free 1-800-663-0437.
JUNE & JULY CONFERENCES/COURSES
• Business Corporations Act 2005- Thursday, June 16
• Criminal Law and the Charter 2005- Saturday, June 18
• Real Estate Development- Thursday, June 23
• Private Companies: Structuring the Entrepreneur in 2005- Friday, June 24
The Lawyers Assistance Program will hold its Gratitude Lu nc heon on June 17, where Debra Van Ginkel will receive the "Lawyer Helping Lawyer Award " The Luncheon will be held at the Law Courts Inn in Vancouver For tickets , please call 604-685-2171 [e-mail info @lapbc.coml.
POSITION AVAILABLE
No n -traditiona l law firm i n Vancouver seeks non - traditional lawyer for its expanding client base o f entrepre n eurs. Flexible worki ng arra ngements Lots of client contact. Fee sharing, owners hip , fu ll time & part time all possible Send resumes to info@ia - law com.
SERVICES
INTELLECTUAL PROPERTY: Let u s assist you in providing protection for your clients Douglas B Th ompson Law Co r porationRegistered Patent Agent, Registered Trade Mark Agent Practise restr icted to l ntellectual Property Victoria, B.C. (www.BC patents.ca) E-mail: doug@BCpatents ca
C h e ryl Stephens delivers skill s training, 60 4- 739-0443 www.MentorMuse.com
LAWYER COACH AND MANAGEMENT
CONSULTANT to lawyers, law firms and lega l departments Linda K Robenson, 604986-4406, LindaKRobertson @s h a w.ca
SPACE AVAILABLE
FOR LEASE IN VICTORIA : Offices suit ab le for 2 lawyers and support staff. Please contact Mary Mouat at Q u adra Legal Cent re (250 -3801566) or www quadral ega l. com
OFFICE SUBLEASE : Share space in beautifu ll y appointed Yaletown office suite with oth er lawye rs Pe rfec t for star tin g new law practice Includes use of meeting room , secretarial stat ion, kitchen and more. Flexible lease terms Pay fixed / variab le costs as incurred o r percentage of bi ll ings Ca ll Diane Dunbar 604662-7544 or e m ail dldunbar@conkie-law ca.
SPACE WANTED
Wills and Estates lawyer seeks office share a rr angeme nt in Nort h Va ncouver with space for an ass ista nt Furnished or unfurnished Access to co nference room, fax, copier is preferable Reply to cba@bccba o rg Attn : Box 113
CLASSIFIED (per lin e)
CBABC Mem bers/Firms $25
Commercial Organizations $40
DISPLAY 3" X 2.5"
CBABC Members/Firms $450
Commercial Organizations $750 6'' X 2.5 "
CBABC Members/Firms $810
Commercial Organizations
Next deadline: July 8 INSERTS (all of BC)
Next deadline: July 15
Next mailing : August 5
Direct BarTalk advertising inquiries to: Sandra Webb, BarTalk Editor Tel : 604-646-7856 o r 1-888-687-3404 E-mai l: c ba@bccba.o rg
PRACTICE FOR SALE : Do wn to wn Vanco uver 40 yrs gen practice MVA. litigation, co nveyancing. wills. estates, corporate , famil y, etc Will assist with transition. Call Bob Eades 604 - 68 1-5874.
Practice Restricted To WCB Mertens Valuation Services Ltd.
Sec 257 Determinations, Opinions and Court Applications on referral 604-267-3033 • Claims and appeals • Vice Chair at Review Board for 6 years
• More than 25 years personal injury litigation
& Solicitor Cell 604-868-3034 Fax 604-264-6133 vishkanian @pepito ca
Valuation Transaction Advisory Litigation Support Please call Rick Mertens, CBV, CGA Tel : 604-642-6107 Fax: 604-944-3855
Park Place, 666 Burrard St, Vancouver, B.C. V6C 3P6 Visit us online at www.mertensvaluation com
