The Canadian Bar Association will appeal the recent decision of Brenner, C.J. that dismissed the CBA's Legal Aid Test Case launched in B.C. in 2005. Following years of advocacy and now litigation, the appeal is the next step in the Association's longstanding battle to protect lega l aid for people who need it.
The court's September 5th ruling was based on a determination that the CBA lacked public interest standing and had not pleaded a valid claim under existing law. "There's no question we were disappointed with that outcome," said National President Parker MacCarthy, QC of Nanaimo, "But it does not deter our continuing commitment to ensuring access to justice."
The CBA filed the Legal Aid Test Case as a public interest litigant, arguing that it is unreasonable to insist that peop le with low incomes who are denied legal aid in cases where, for examp le, they are unjustly evicted or threatened about the custody of their children, be required to start their own individual constitutional challenge.
The CBA also argued that the unwritten constitutional principle of the rule of law requires that every person have equal and meaningful access to justice, and that inadequate civil lega l aid not only denies such access but a lso contravenes sections 7, 15 (1) and 28 of the Charter, s. 36 (1) of the Constitution Act 1982, and various international human rights instruments.
In his written reasons, Chief Justice Brenner considered first whether the CBA could bring forward the case as a public interest litigant; and second, whether the CBA had "fa iled to plead the material facts of a claim" for a constitutional right to civil legal aid, under R. 19(24)(a).
On the issue of public interest standing, he concluded that of the three tests for such standing, the CBA's case did not meet the tests that a) there is a serious issue as to the invalidity of legislation; and b) there is no other reasonable and effective manner in which the issue may be brought before the court.
On the issue of the validity of the CBA's case, Chief Justice Brenner wrote that "unwritten constitutional rights are not free-standing rights that are capable of being breached accordingly I would strike all portions of the statement of claim referring to such breaches on that basis" [1 09] and "the statement of claim fails to disclose a reasonable claim pursuant to any of the Charter or constitution a l provisions pleaded" [119].
"New law is created by lawyers and parties prepared and willing to take risks," said CBABC President Frits Verhoeven. "We will continue our fight to restore legal aid funding for those in need."
The fu ll reasons for the decision in this case can be read at www.courts.gov.bc.ca <http://www.courts. gov.bc.cal>. [Canadian Bar Association vs. HMTQ et al, 2006BCSC 1342]. BT
The Canadian Bar Association
British Columbia
The Fall is upon us, and it is a time of change: We welcome a new Executive Committee and bid farewell to an outgoing CBABC president. Change is exciting and energizing, and we're all looking forward to a new year of CBA activities and Section meetings
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CAROLINE NEVIN LETTERS TO THE EDITOR
A FRESH START
DAVID J. BILINSKY
(VOL. 18, NO. 41
Good article on "A Fresh Start.. ." your use of quotations reminds me that I always did this when I wrote for the
Send your LETTERS TO THE EDITOR to:
Caroline Nevin, Bar Talk Senior Editor
Canadian Bar Association, B.C. Branch
Fax : 604-669-9601
Toll-free fax : 1-877-669-9601
E-mail: cnevin@bccba.org
Canadian Bar Journal - keep up the good work! - Ron Macisaac
November 17-19, 2006
Legal education just got a whole lot more exciting! The CBA is proud to present Viva Lex Vegas at beautiful Mirage Resort in Las Vegas, Nevada. We've attracted a number of exceptional U.S and Canadian Speakers, and have a roster of fun-filled social events. Attendees can all take part in a golf trip, shopping excursion , discounted tickets to the Cirque du Soleil's performance of "LOVE" (set to the music of the Beatles) and everything else Vegas has to offer. Mark your calendars for November 17- 19, 2006 and check the insert included in this Bar Talk for full schedule and ordering information- this is an event not to be missed Order early, as tickets are lim ited and don't worry what happens in Vegas stays in Vegas!
Dugald Christie's Mission
The tragic death of Dugald Christie on July 31, 2006 prompts me to use my first BarTalk column as B.C. Branch President to write about Dugald's mission in life, access to justice.
In devoting himself to access to justice, especially for the poor, Dugald Christie was truly exceptional. For his work he received CBABC's Harry Rankin QC Pro Bono award just over a month before he died.
Fr its Ve r hoeven President 2006/2007
trial. At the recent Canadian Legal Conference in St. John's, Newfoundland, Chief Justice of Canada Beverley McLachlin addressed the CBA Council on the
topic of access to civil justice. She noted that our justice system is becoming inaccessible to ordinary Canadians . She adopted the comments of Lord Woolf, then Master of the Rolls, in his 1995 Interim Report on Access to Justice, where he said, B.C . Branch Canadian Bar Association "A system of civil justice is essential
While it may be that none of us could equal Dugald's dedication to his cause, I hope that his untimely death will serve to remind us again about access to justice, and cause each of us to resolve to do more.
Most lawyers don't think about access to justice issues on a regular basis. There are several reasons for this.
For one thing, we are simply too busy.
In any event, we may feel unable to do much about it. Recognizing the problem will never go away completely, we may take the same attitude as we commonly do about the poor: "they shall always be with us." The problem appears overwhelming, and so we may resign ourselves to deciding that there's not much we can do.
Finally, the issue is frustrating to lawyers I doubt if any profession does as much free work as we do. Yet we get very little credit from the public for doing so, and indeed, we are usually blamed for the prob lem, as if we should apologize for earning a living. It is easy to turn a deaf ear to the calls for more pro bono efforts
There are many threads to the access to justice issue. Lawyers have a role to play in all of them.
One thread is the high cost of taking matters to
to the maintenance of a civilized society. The law itself provides the basic structure within which commerce and industry operate. It safeguards the rights of individuals, regulates their dealings with others, and enforces the duties of government .... Effective access to the enforcement of rights and the delivery of remedies depends on an accessible and effective system of civil litigation."
Justice McLachlin asked the legal profession to consider the increasing trend for cases to be diverted out of the court system to arbitration or mediation. At the same time junior and mid-level lawyers are getting less trial experience. She asked that we consider the long-term implications on the development of the civil law if only criminal, family, and large commercial cases proceed to trial.
She wondered aloud whether the typical law firm's fee structure had anything to do with this, and whether the legal profession could find creative ways for billing clients proportionately to the complexity and value of the proceedings, or for junior lawyers to gain needed trial experience by being permitted to take smaller files to trial at reduced rates.
Another thread is pro bono legal services. Past President Meg Shaw's column this past June
asked whether lawyers do enough in relation to pro bono, and referred to the agencies that can assist lawyers in donating their services: Pro Bono Law of B.C. (www.pblbc.ca), the Salvation Army Pro Bono program (www.probono.ca) and Dugald Christie's Western Canada Society to Access Justice (www.accessjustice.ca). Those who don't have the time can donate funds.
Then there is the role of government. Canadians say they believe in a just society, and in the values expressed in the Charter of Rights and Freedoms. It is often said that these things have become central to our national identity. Yet too often government pays lip service to access to justice issues. Legal aid funding has never been adequate, and in
be next? Will we get "tort reform" in B.C.? Lawyers must be vigilant in protecting our civil rights. And access to justice doesn't only mean access to the courts and other tribunals. Access to effective and timely legal advice and services is also crucial.
CBA's new national President, Parker MacCarthy, QC, of Duncan, has expressed concern about the shrinking supply of young lawyers in smaller communities. The baby boom generation of lawyers is beginning to retire, and replacements are hard to find.
"Canadians say they
The astounding rise in law school tuition rates can only serve to make this situation worse. Law students graduating with enormous debts will have little choice about where to recent decades has regressed, while politicians and the public have focused upon other priorities such as health care and education. Can we persuade Canadians that access to justice is no less important than health care and education? The CBA's civil legal aid test case being litigated in B.C. is part of the CBA's effort to make that point. Individual lawyers can do their part, too.
In B.C., the public suffers from the outrageous Provincial Sales Tax on legal services. A particular passion of Dugald's was fighting this tax. That fight has been the centerpiece of the Branch's government relations lobbying
believe in a just society, and in the values expressed in the Charter of Rights and Freedoms. It is often said that these things have become central to our national identity. Yet too often government pays lip service to access to justice issues."
practice; they will have to take the job that pays the most, which is likely to be with a larger firm in a larger city. Is the small town lawyer going to disappear?
If lawyers in small towns become scarce or disappear, what effect will that have on access to justice for ordinary Canadians? Will the public be forced to rely on self-help, information peeled from the Internet, or grey market legal services?
The legal profession and government together need to take the steps necessary to ensure that legal advice and serv1ces are available and accessible to all Canadians, campaign for several years, and will continue to be until it is finally abolished. Every lawyer in British Columbia should be fighting this tax. Ask me how you can help!
Access to justice is not only about funding. In nearly every other province in Canada, government has eliminated or curtailed the rights of injury victims to obtain just compensation. Are other civil remedies also in jeopardy? Will medical malpractice
in all parts of the country.
Dugald Christie's commitment to access to justice never wavered He was the conscience of the legal profession. He never tired of reminding us to do our part. He was and will always remain an inspiration to us all.
Access to justice was Dugald Christie's mission, his message, and his example.
In his memory, let's all resolve to do more. BT
DIRECTOR FRANK KRAEMER, QC
New Term- New Initiatives
GREATER EMPHASIS ON SECTIONS
Following decisions taken at the Branch's Annual Planning Meeting in April, President Frits Verhoeven is leading a major project to strengthen the work of the Branch's 66 Sections.
On September 7, 2006, Section Chairs or their designates attended an orientation session in Vancouver and seven other locations connected by teleconference around the province. During that sess ion , President Verhoeven
Frank Kraemer,
QC
Executive Director B C Branch
reporting to the Law Society of British Columbia of one's continuing legal education activit ies .
VIVA LEX VEGAS
I am equally excited to report that under the leadership of Executive Committee Officer James Bond, the Branch will be presenting a weekend professional development opportunity in Las Vegas, Nevada November 17-19, 2006 called "Viva Lex Vegas."
The overall scheme is to have educationa l sessions between Canadian Bar Association
reviewed four major objectives of Sections; namely: regular meetings, adequate notice of meeting, quality content at meeting and regular and timely minutes. He also pointed out that in this year's Branch budget, additional funds have been made available to increase the staff resources to assist Sections in carry in g out their programs. The orientation also included a panel discussion led by five current and past Section Chairs who discussed their "secrets of success" in operating effective Sections. Sections Coordinator Fran Hodgkins and I also presented information on Section budgets and administrative arrangements for Sections.
One of the topics of discussion was the value of Section Listservs. These are available to any Section where a sufficient number of Section members express an interest in participating. For mor e information contact webmaster@bccba .org.
There is no question that many CBA members value Sections as an effective way of staying current with law and practice . It is also a r ea l benefit to be able to report Section attendance a nd review of minutes as part of the now mandatory
9:00a m. and 2:00p.m. on Friday, November 17,2006 and Saturday, Novembe r 18,2006 with plenty of free time to explore Las Vegas in the afternoons and late evenings. There will be luncheon speakers both days, a welcoming cocktail reception at the Liberace Museum on Friday, as well as a closing dinner on Saturday evening. There will also be an opportunity to attend a p erformance of Cirque Du Solei!.
This is a wonderful opportunity to get out of town in mid-November and to participate in a variety of professional development educationa l opportunities. For example, there are sessions entitled "Why Law Firms Fail, Why Law Firms Succeed," and "Top Ten Practices for Developing Business: From Solo's to Large Firms" to name a few.
We have been able to negotiate very competitive room rates at the Mirage Hotel as well as discount parking at Park & Fly at the Vancouver International Airport A detailed brochure and registration form are included as an insert in this issue of Bm·Talk or find it online at http: //www. cba .o rg/bc/pdf/eve nts/ vegas_schedule.pdf.
Hope to see you there! BT
Code of Conduct
The 2006 Code of Professional Conduct has been mailed to all CBA members with the August edition of National magazine. New provisions, among many others, deal specifically with:
• Confidentiality: New exceptions to lawyers ' duty to keep client information confidential are in place. Lawyers must disclose confidential information when they reasonably believe there is an imminent risk to a person or group, and the disclosure is necessary to prevent death or serious bodily harm. The Code now guides lawyers on how to reconcile "whistleblowing" on corporate misconduct with the duty of confidentia l ity.
• Discrimination: Sexual harassment and any other harassment by a lawyer are more clearly defined in the updated chapter on discrimination.
• Conflict of interest: New provisions make it clear that lawyers may not represent clients who are on opposite sides of a dispute unless the clients receive full disclosure about the conflict and agree to have the lawyer continue to represent them both.
• Civility: The 2006 Code introduces principles of civility for advocates.
Also available online: http://www.cba. o rg/C BA/ activities/ code/.
CBA Supports Review of Jamaican Justice System
On Aug. 31, the CBA signed an agreement with Jamaica's Ministry of Justice to undertake a comprehensive review of the country's justice system. Led by the Jamaican government and supported by the CBA, the objective of the review is to produce actionable recommendations designed to modernize the Jamaican justice system. A team of Canadian legal experts will work closely with Jamaican justice system professionals to develop the operational plan for the nine-month review.
Issue 1. Vol. 85 of the Canadian Bar Review is available online. The lineup includes, among others :
Corporate Law and the Role of Corporations in Society: Monism, Plur alism, Markets and Politics, by fan B. Lee
• Lost in Transition : Answering the Questions Raised by the Supreme Court of Canada's New Approach to Jurisdiction, by Stephen G.A. Pitel and Cheryl D Ousten Full searchable text requires member number.
To order a printed, softbound copy of the 2006 Canadian Bar Review, pl ease contact christinesracba.org
Issue 1, Vol. 85 http://www.cba.org/C SA/Canadian _ Bar Review/Main/.
CBA Intervention Well Received by Supreme Court of Canada
The recent decision by the Supreme Court of Canada Celanese Canada Inc v. Murray Demolition Cmp (2006 SCC 36) , has affirmed both the fundamental role of solicitor-client privilege as well as the importance of a client's right to counsel of choice. The Court gives model order guidelines, as the CBA had recommended, that are "extremely helpful and important, and will apply not only to Anton Piller orders but also to other search warrants authorized by legislation, " says Mahmud Jamal, of Osler, Hoskin & Harcourt LLP, CBA's pro bono counsel in the case.
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.
FAMILY LAW- KAMLOOPS
MEETING: May31, 2006
SPEAKERS: Master Hyslop and Kris Jensen
TOPIC : Developing a Successful Family Practice Members of this well-attended meeting heard Master Hyslop and Kris Jensen facilitate an interesting discussion based on their many years of experience in family practice They provided summary points on fees, retainers and billing , civility and initial consultations Some of the suggestions made were: Read Part 8 of the Legal Professions Act on lawyers' fees; be sure to get a retainer; be
cautious about sending letters to opposmg
the national Section. He then spoke a bout the opportunities available for participation in the various initiatives of the national Section, which includes : (i) standing for election as a Member-at-Large of the Section Executive, (ii) volunteering as a member of one of the Working Groups, and/or (iii) contributing to the Section 's e-newsletter, Privacy Pages. A slide presentation about privacy issues relevant to the Canadian public and private sectors in relation to e xtra-jurisdictional outsourcing was also made by Mr. Beardwood at this meeting.
Welcome Back General
Practice, Solo and Small Firm - Prince Rupert Section
After a two-year hiatus, this Section will again be holding meetings for CBA members in the county of Prince Rupert. Co-Chairs Bryan Crampton and Laurel Bieber will be organizing several meetings for the coming year. To reg ist er in this Section call the Branch of fic e 604-687-3404 or toll free at 1-250-687-3404 or print a form from our website www cba.org/bc.
IMMIGRATION LAW
MEETING: June 26, 2006
Supervisor, CBSA, Vancouver International Airport and Anita Haidar, District Program Service Officer, Canada Border Services Agency [CBSA)
TOPIC: Operations and Procedures for Facilitation and Enforcement at Vancouver International Airport
SPEAKERS: Dave Rizzo, counsel that make unfounded allegations about their client; and focus on what you could be doing, rather than what you are doing . Different lawyers use various billing practices, such as monthly invoices, or when something is accomplished. The downside of the latter is that it can take a long time
A summary of the integration of customs , immigration, and agricu lture to bill.
FREEDOM OF INFORMAT ION AND PRIVACY LAW
MEETING: May 25, 2006
SPEAKER: John Beardwood: Chair, CBA Privacy and Access Law Sect i on; Partner, Fasken Martineau DuMoulin LLP [To ronto)
TOPIC: Update on Nationa l Section Initiati ves and Activities; Privacy and Outsourcing; Mr. Beard wood gave a brief overview of the structure and purpose of the CBA national Privacy and Access Law Section , and reminded FOI members of the B C Branch t hat they are automatically members of
8 BARTALK October 2006
functions at ports of entry, particularly at Vancouver International Airport (YVR) was presented by Mr. Rizzo and Ms. Haidar. They also provided a statistical overview of immigration processing at YVR Numbers for temporary resident processing are back up to pre-SARS levels and continue to increase . Officers are being cross-trained to learn immigration, customs, and agriculture functions and a new integrated team h a s been created The delegation of authority has been an issue but is being resolved. YVR has been faster to integrate than most other ports. The CBSA confirms that Temporary Resident
Permit applications can be made at the port of entry and they will be processed, but applications cannot be submitted in advance. At the ports, the fee is charged only if the application is approved. The ports will a lso do rehabilitation applications. Counsel may send work permit or similar applications in advance to ports for review, but are encouraged to keep the size down and include only necessary documents. CBSA has assumed responsibility for IRPA prosecutions from the RCMP as of June 2006.
INSURANCE LAW
MEETING: June 22, 2006
SPEAKER: Ralph Sultan, MLA (West Vancouver-Capilano)
TOPIC: Government Update on the B.C Insurance Act Rev i ew
Mr. Sultan is the MLA overseeing the present Insurance Act review. He provided an overview of why the review was initiated and he discussed how the review is progressing including an update on recent consultations that were held with stakeholders. Mr. Sultan outlined what further steps will be taken as the review continues. The government expects to release a discussion paper in late 2006, which may include draft legislation. The government further intends to introduce the new Act to the Legislature in the spring of2008.
LEGAL RESEARCH
MEETING: June 14, 2006
SPEAKER: John Keen l eyside
TOPIC: Trave l s with the Hanging Judge : British Columbia Colonial Legal History Through Documents
Mr. Keenleyside, a Director and Fellow of the Royal Phi latelic Society of Canada, and past chair of both the Friends of Vancouver Archives and the Simon Fraser University Friends of the Library, has amassed one of the largest private collections in existence of documents relating to the colonial history of British Columbia. Through slides and original documents, Mr. Keenleyside used the story ofJudge Matthew Begbie's life and travels during the 1850s and '60s to illustrate some surprising aspects of British Columb ia's pre-Confederation legal history. The presentation was well i ll ustrated from Mr. Keenleyside's collection, including correspondence, bench notes, legal submissions, photographs, and Court administrative documents.
YOUNG LAWYERS -VICTORIA
MEETING: May 3 1, 2006
SPEAKERS: The Honourable Judge Smith, The Honourable Judge Palmer, The Honourable Judge Quantz, The Honourable Judge Bracken, Mary Mouat and Odette Coccola
TOPIC: Settlement Conferences in the Context of Small Claims Court
Senior practitioners Mary Mouat and Odette Coccola gave a short presentation on settlement conferences to start the discussion They emphasized that lawyers need to remove their litigation hats in the settlement conference and need to keep in mind that their clients' best interests may not be served by taking strong positions and proceeding to litigation. Lawyers should also have examined their case well and have researched issues of liability and quantum. Judge Quantz provided an example where a young lawyer felt that it was not in her client's best interests to settle; from his perspective, however, her client's case had weaknesses that made the settlement that was reached the best course for both parties. The judges noted that few lawyers use Rule 10.1 to file offers to settle. Judge Palmer noted that a lawyer would have nothing to lose by serving an offer to settle on the other party at the settlement conference. If the other party does not accept the offer to settle, a penalty may be awarded to the offeror under Rule 10.1. This meeting and t he productive discussion were a great opportunity for young lawyers to meet provincial court judges in an informal setting BT
With Section enrolment you will receive advance notice of all meetings and events. You will automatically be registered in the corresponding National Section at no charge. Check your form for the additional List of National Sections and join at no cost. Membership has its privileges!
DAVID J BILINSKY
Demotivational Management
How to do a good job at turning off your employees ./>
Come Monday morn in·
I'm the first to arrive I ain't nothin ·but business from nine to five Well I'm a hard livin ·, hard workin' man ))
Words and music by Ronnie Dunn, recorded by Brooks and Dunn
TDavid J Bilinsky is the
he traditional view of management is that they must be continually focused on motivating employees lest the business fall into rack and ruin. However, Practice Management Advisor at the Law Society of B.C. E-mail: daveb@lsbc org
recent research published in Harvard Management Update (Jan 2006) shows that most employees are very motivated when they start a new job But, after less than a year, their motivation drops off significantly Why? Paradoxically, the answer appears not to lie with the employees, but rather with management Rather than motivating people, management's style and overall behaviour can be a strong demotivational force that saps the natural energy and willingness of employees to do their best. Furthermore, when management thinks that the problem lies with the employees (of course it doesn't lie with management!) they then implement policies that only acc e ntuate the difficulties faced by the employees. You now have a downward spiral with management believing that they must 'crack down' further as they perceive their employee have a problem with motivation.
So what can be done to break this spira l and put staff and lawyers on a positive track that leads to happy and motivated staff and management? Here is a selection of tips put forward in this area:
• Respect: Management often adopts a 'need to know' approach to communication. This inevitably leads employees to frustration as
they are not clearly and consistently told why certain actions must or must not be done . Displaying a lack of respect for an employee's need to understand not only what they must do but also why they need to do it is a very strong demotivational force . It reinforces the "us" versus "them" view of labour and management, it excludes employees from feeling part of the team and it leads to distrust - as employees never feel that they are being told the full
story. Communication is poisoned as anything management says must be in turn, searched for its "true meaning" -leading to speculation and suspicion.
Recognition: Everyone likes to be recognized for their accomplishments. However, when a lawyer overtly takes credit for something done by the staff, or even worse, never recognizes when the staff has saved his or her bacon , the staff quickly catch on. Lack of meeting the basic human need of recognition - before clients, before other staff and before other lawyers - can quickly quell the motivation of any staff member to "go the extra mile" for any organization
Expedite: Staff look to management for one major reason - to solve problems that are difficult or impossible for them to address due to their position in the firm. By failing to take action to make your staffs job easier when requested to do so, you hav e clearly shown that you are unconcerned with your staff and the problems they face Next time, be a hero by stepping up to the plate and quickly bulldozing a path for them to allow them to do their jobs as they wish to do them
• Purpose: In some cases it is clear why staff members are being asked to do something. However, there may be tasks and projects that they undertake that are not clearly aligned with meeting client needs. In these cases, it is necessary to communicate how the task meets the overall needs of the firm. It is even better if all tasks can be tied to a "principled" view of the firm - in other words, a mission statement that clearly states what purposes the firm serves, other than just being a vehicle to make money (for example, it would be a goal for the firm to be a leader in the community and a conduit for social change). These principles on which the firm lies will be the bedrock to which all the work of the firm is related - from providing pro bono services (as it meets the mission and goals of the firm), to building an informational infrastructure that allows the firm better meet the firm 's stated goals.
• Workloads and Pace: There is an old story about the last straw that broke the camel's back. Unfortunately, management can fail to heed warnings that continually adding to workloads or expecting too hectic a pace can be counter-productive and lead to burnout, absenteeism, and departures. If any of these are a factor in your firm, you may wish to speak to your staff and start a dialogue about what is a reasonable workload and turn-around time period for work in order to improve the morale for the betterment of all.
• Team Members: Another old adage is that one rotten apple can spoil the whole barrel. In this case, failing to deal with a non-team player when you are trying to build up a strong functional team can be a frustrating exercise at best. Moreover, by keeping the rotten apple, you are communicating to the rest of your staff that standards are not enforced and there is no need for anyone to perform at anything but a mediocre level. This is one exception to the rule that firing someone (after visibly trying to improve their performance) reduces morale. You may hear the quiet cheer when the troublemaker is finally shown the door.
• Take the Blame: In addition to giving credit where credit is due don't allow public fault to
fall onto your staff. Leadership is demonstrated by openly accepting the burden if something did not work out as planned. This does not mean that you don't work diligently behind the scenes and find out why something went wrong and take steps to correct it. However, if you clearly communicate in acts, words and deeds that your desk has a plaque that says "the buck stops here," you will encourage your staff to trust in you and this builds positive morale. Management needs to be aware of not only how to actively take steps to positively motivate staff but also how their actions or inactions, as the case may be, may actually demotivate staff from the initial enthusiasm that they bring to their positions, in order to achieve an office full of hard-working men and women who are all business from nine to five. BT
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.
Sections 1 to 47, 48 (a) and (b), 50, 51, 52 (a), 53 and 54, 55 except paragraph (b) insofar as it enacts the definitions of "assisted or supported living residence," "assisted or supported living unit" and "service agreement, " 56, 57 except insofar as it repeals and replaces section 4 (g) (v), 58 to 66, 67 except insofar as it enacts section 44 (1) (a) (viii), 68, 69, 71 to 77, 78 (b) insofar as it repeals and replaces the words before section 56 (2) (a), 79, 81 to 107, 108 (a) and (b), 110 (a) and (b) except insofar as it enacts section 95 (1) (n), 111, 112 (a), 113, 114 insofar as it enacts section 104.1, and 115 to 117, all are in force October 1, 2006
UNION OF BRITISH COLUMBIA MUNICIPALITIES
ACT, S.B.C. 2006, C. 18
Act in force June 23, 2006
TONY WILSON
Future Imperfect
The bright future of air travel just ain't what it used to be
Everyone should go to Ita ly for four weeks holidays like we did this summer. It was chaotic, expensive, and marvelous. But rather than bragging about charming Tuscan hill towns and overflowing wine glasses , I wanted to write something about the flights. Traveling on an airline with a German name that rhymes with "Puftlansa" (I'm trying to avoid commercial endorsements here), we learned the little iBook we brough t was m an internet "Hotzone" for the entire flight. I could send e-mails over Nunavut, log into my office's remote server over Greenland, and do accounts
Tony Wilson is a Franchise
and Intellectual Property Lawyer at Boughton He's written for the Globe and Mail, the Vancouver Sun, and Macleans magazine. E-mail: twilson@boughton.ca
over Iceland. I saw a glorious future where lawyers could actually work from their desks traveling 595 miles per hour 39,000 feet in the air. With liquids of their choice. That bright future came crashing down on our return leg August 11, flying back through Heathrow on an airline that uses the word "Canada" in its name (again I'm trying to avoid commercial endorsements here). We were among the tens of thousands of travelers who had to check in all their hand luggage (in our case, we to check everything from Venice) and queue in a kilometer long line-up which snaked through Heathrow. Thanks to Osama Bin Laden wanting to blow our plane ou t of the sky, we became guinea pigs in the potential new world order of international air travel. Wallets and passports in a clear plastic bag No carry -on bags whatsoever. No laptops. No iPods . No books. No cameras . No pens. No paper. No liquids. No Internet connection. And no snakes Just the clothes on your back and what 's in your checked bags below
Given the alternative was being blown up over the Atlantic, I suppose I could (literally) live with the
camera equipment, the laptop, and the stuff we'd usually take on board, like the snakes, in the hold. I could even accept the delays, the line-ups and there being little or nothing to read. But because our planned 23-hour layover in London actually included our now quarantined luggage, what we really needed were fresh socks, underwear and toothbrushes. A quick dash into Marks and Spencers solved this, but my cunning plan to smuggle a few boxes of their Extra Strong Tea and five jars of the world's finest creamed horseradish were dashed
by the specter of International Terrorism. "Damn that Osama!" I cursed.
Full body searches and 3-hour delays weren't my idea of a good time, and security's requirement that a nursing mother 's husband take a swig of her pumped and bottled breast milk struck me as overkill. But I guess in trying times, you get to try everything . We made it home without 125 tons of aluminum fuselage hitting the front page of the newspapers, but it's be e n four weeks now and said unnamed airline still can ' t find one of my bags. I called them the other day about it and, in passing, asked for a copy of their in-flight magazine. $5 00 they demand , notwithstand ing their Calgary based competitor with a name that rhymes with "Guessjet" happily sent me three months of their magazine for free without me having to lose anything. "But you've lost my bag! I'm a ji-equent flier! I suffered through Heathrow on August 11 I It's just an in-flight magazine." I protested.
I know it's not really the airline's fault. I'm just disappointed the bright future I thought I saw has to pay for its meals and magazines, wait for its metaphorical bags to show up, and if it gets any worse, fly naked BT
PATRICIA JORDAN ON THE WEB
Resources for Lawyers
At CBA, we are working hard to provide you with better access to online resources that help you gain a professional advantage in your law practice I invite you to visit the CBA websites and explore the wealth of information to be found online. Here is a brief introduction to a few CBA resources.
CBA PRACTICELINK PODCAST
New Ways to Practice Work Life Balance
detailed information on best business practices and much more visit www.cba.org/bc/practice _ resources/wo r k_l ife/de fa ul t.as px.
DID YOU KNOW?
• The "CBABC News & Jobs E-mail" reaches more than 5,000 lawyers and law firms each week.
• HR ads featured in the weekly e-mail were downloaded more than 100,000 times since October 2005. One of the greatest challenges facing legal professionals today is achieving a productive and satisfying professional career
Patricia Jordan is the CBABC Manager, Interactive Media. She welcomes your comments,
questions and suggestions. Tel: 604-646-7861
• CBA members can access E-mail: pjordan@bccba.org employment and volunteer opportunities online, including BarTalk classified ads. without sacrificing personal and family life. This month on CBA PracticeLink, listen to a roundtable podcast on work life balance featuring a panel of experts. The podcast was recorded 1ive at the 2006 CBA Canadian Legal Conference in St. John's.
Also new on CBA PracticeLink (www.cba.org/ CBA/PracticeLink):
• How CRM Systems Can Turn Contacts into Clients
• Starting a New Firm: Top 10 Mistakes to Avoid and Top 10 Tips for Success
• Selling or Closing a Solo Law Practice in Canada
• Quick tips on marketing, financ ial management, client services and more.
BEST BUSINESS PRACT ICES
More than ever, law firms are looking for best practices and so lutions that enable them to recruit and retain the best and brightest legal professionals . A more competitive labour market and the changing expectations of employees are motivating employers to take the issue of work life balance seriously. For
CBABC NEWS & JOBS WEEKLY E-MAIL
CBABC's weekly e-mail service is a quick and costeffective way to distribute your HR ad directly to B.C. lawyers who may be interested in a new career opportunity. You can view the e-mail online by clicking on the "CBABC News & Jobs" link under " Quick Links" on our home page at www.cba.org/bc Fo r ad rates and additional information, contact Jesse Tarbotton at ads@bccba.org.
CBABC SECTIONS
Sections represent more than 43 practice areas and special interest groups. The many benefits of Section membership include: networking opportunities; access to targeted up-to-date information in your area of practice; online access to archived Section minutes; CBABC listservs; and more. Visit "Sections & Groups" for further information or e - mail Fran Hodgkins, Section Coordinator, at sections@bccba.org. BT
See Site du Jour on page 26
ACTS IN FORCE
Every effort is made to ensure the accuracy of the information provided to you in th is article but the information should not be rel ied 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 wh ich 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 t o note up the Bills you may have in your lib rary. .·
CURRENT FROM JUNE 16, 2006 to HEALTH PROFESSIONS Conservancy, the K'lgaan/Klekane SEPTEMBER 5, 2 0 06
AMENDMENT ACT, 2003, Conservancy and the K'ootz/
S.B.C. 2003, C. 57 (BILL 62) Khutze Conservancy, is in force
Legislative Update is p r ovided as
part of the CBABC legislative and Sections 13(a) and 29 are in force July 14,2006. Section 22, insofar as law refo r m program It is a service July 13, 2006. Section 27 in force it establishes the Kitasoo Spirit funded by CBA membership fees, July 21,2006 Bear Conservancy, the K'lgaanl and is therefore provided as a Klekane Conservancy and the benefit of CBA membership. The K' ootz/ Khutze Conservancy, is in full version of Legis lative Update is
INDEPENDENT SCHOOL force July 28, 2006 now publ ished o n line, avai lab le to ACT, R.S.B.C. 1996, C. 216 CBA members exclusively at www.cba.org/bc.
ACTS IN FORCE
Schedule to the Independent PUBLIC SAFETY AND SOLICSchool Act is in force July 21, 2006 ITOR GENERAL STATUTES
AMENDMENT ACT, 2006,
S.B.C. 2006, C. 28 (BILL 31 I
MISCELLANEOUS STATUTES
AMENDMENT ACT, 2006, Sections 1 to 16 are in force June EDUCATION (LEARNING
S.B.C. 2006, C. 15 (BILL 15) 23, 2006. ENHANCEMENT) STATUTES
Section 33(e) is in force June 23, 2006 AMENDMENT ACT, 2006, S.B .C. 2006, C. 21 (BILL 33)
Sections 1 to 25 are in force Jul y MISCELLANEOUS STATUTES
SAFETY STANDARDS
AMENDMENT ACT, 2006,
S.B.C. 2006, C. 31 (BILL 25) 1, 2006 AMENDMENT ACT (NO 2), 2006,S.B.C. 2006, C. 24
EMPLOYMENT AND INCOME
Act in force June 23, 2006 (BILL 30)
Sections 20 to 46 are in force July
SECURITIES AMENDMENT ASSISTANCE STATUTES 21, 2006. Section 47 is in force ACT, 2006,S.B.C.2006,C.32 AMENDMENT ACT , 2006, September 4, 2006 (BILL 20)
S.B.C. 2006, C. 22 (BILL 21 I
Sections 1, 2, 5, 6, 7(b), 8, 9, 12, 13
Sections 10 and 13(d) in force July
MISCELLANEOUS STATUTES 21,2006 Sections 23, 47(c) and and 14(b) are in force July 1, 2006 AMENDMENT ACT (NO.2), 66(a) to the extent that it refers to and sections 3, 4, 7(a), 10, 11 and 14(a) 2004,S.B.C.2004, C. 51 "85," in force July 21, 2006 are in force September 30, 2006 (BILL 54)
Section 18(a) is in force July 13, 2006
SMALL BUSINESS AND FINANCE STATUTES REVENUE STATUTES AMENDMENT ACT, 2006, PARK(CONSERVANCY AMENDMENT ACT, 2006, S.B.C. 2006, C. 12 (BILL 18) ENABLING) AMENDMENT
Sections 2 to 37 and 79 are in ACT, 2006, S.B.C. 2006, C. 25
S.B.C. 2006, C. 17 (BILL 14)
Sections 1 to 3 are in force July force June 23, 2006 (BILL 28) 21, 2006
Act, except section 22 insofar as it establishes the Kitasoo Spirit Bear continued on page 11
Executive Committee 2006/2007
BRANCH PRESIDENT
FRITS VERHOEVEN
Frits Verhoeven is a partner in the Vancouver law firm of Edwards, Kenny & Bray LLP, and practises in the field of civil litigation .
Born in Vlaardingen, the Netherlands, in 1956, and raised in B.C., Frits obtained degrees in commerce and in law at UBC After articling with Edwards, Kenny & Bray LLP, he was called to the Bar in 1983. He was managing partner of the firm from 1997 to 1999.
Frits was elected to the CBABC Provincial Council in 1999, and re-elected in 2002. He served on the CBA's Member Services Committee for four years , from 1999 to 2003. He was a member of the national CBA Special Committe e on Financial Services, 200112002. During 2002 / 2003, he served as the Chair of CBABC's Business of Law Committee . He has served on the Branch Executive Committee since August 2003, in 2004/ 2005 as Secr e taryTreasurer and in 2005/2006 as Vice President.
VICE PRESIDENT F KENNETH WALTON
F. Kenneth Walton obtained his law degree from the University of Saskatchewan in 1972. He was called to the Saskatchewan Bar in 1973 and to the B.C. Bar in 1975 Save a year with the B.C. Department (as it then was) of the Attorney General, Ken h as been in private practice throughout his career, in Victoria since 1975. At one time or another, Ken has done almost every aspect of courtroom work, plus some selected solicitors ' work mostly in Wills and Estates.
Ken served on the Victoria Bar Association in the late 1980s. An elected member ofCBA Council this year, Ken was the Victoria Wills and Trusts Section Chair in 2003/2004 Ken has sometimes been a CLE lecturer in the area ofiCBC Part 7 no-fault benefits. He has written articles for the Verdict on, among other things, experts' fees and Canada Pension Plan Long Term Disability.
Ken comes to serve his fellow practitioners from a lengthy history of community service with Kinsmen, Rotary, K-40, theY, Goodwill, and the board of an elder home.
PAST PRESIDENT 2005/2006
MARGUERITE [MEG] E SHAW
A native of Lethbridge, Alberta, Meg has lived in B.C. smce 1969 . She graduated from UVic in 1983 with a Bachelor of Science in Nursing, and from UBC in 1988 with her law degree. Articles in Kelowna were with the then firm of McAfee Harder. Meg is a partner with Hattori & Shaw, where her areas of specialization are family law, child advocacy, and wills and estates. As well, Meg has practised as a family protection mediator, child advocate, and contr act counsel for the Coroner's Service of B.C. She was an invited participant in discussion groups hosted by the Law Society on the regulation of mediation, and also an invited participant in discussion groups hosted by the Federal and Provincial governments on proposed changes to custody and access in the Divorce Act . Meg was the
FEATURE EXECUTIVE APPOINTMENTS CON'T
President of the Kelowna Bar Association for 2005/2006. Meg first served the CBABC as Chair of the Okanagan Family Law Section for three years, and was Co Chair of the Okanagan ADR Section. She served as an Officer on the Executive Committee for CBABC for two years, and continues to serve on various committees, such as Chair of the Social Services Task Force Committee. Meg served as Secretary Treasurer of the CBABC in 2003/2004 and Vice President in 2004/2005.
Other community involvement included serving as a Director on the Board of the Registered Nurses Association of B.C., the Board of the Kelowna Westbank YM YWCA, and the Board of the Institutional Research Review Committee for the Kelowna General Hospital. Meg has also been a guest lecturer at Okanagan University College, Ca r iboo College, and the Continuing Legal Education Society of B.C., and she has provided pro bono services for the Central Okanagan Hospice Association and the Elizabeth Fry Society.
SECRETARY-TREASURER MIRIAM A MAISONVILLE
Miriam Maisonville was called to the Bar in B.C. in 1986 and to the Bar in Alberta in 1991. Born and raised in Vancouver, she graduated from the UBC law school in 1985. Miriam practices with the Ministry of Attorney General Appeals and Special Prosecutions, Commercial Crime section where she has conduct of chiefly commercial fraud prosecutio n s thro u ghout the Province and Appeals. A member of the Bilingual Prosecutors group, she also conducts French langu age prosecutions.
Miriam practised civil litigation and conducted criminal defence work prior to joining the Ministry of Attorney General in 1994. She is a past Chair of the Vancouver Criminal Section from 2003/2004 and was elected to Provincial Council in 2004. She is member of the CBA National Council and is on the executive of the CBA National Conference of French Speaking common law members. Miriam is a past contributor of the Continuing Legal Education Society's Annual Review of Law and Practice, in the area of Criminal Law Her other community involvement includes serving as a Director on the Developmental Disabilities Foundation Board and volunteer competitive swim coaching.
YOUNG LAWYERS ' REPRESENTATIVE
MAR I KA GILES
Marika Giles graduated from Osgoode Hall Law School in 2001 and, after clerking with the Federal Court of Canada, was called to the Bar of Ontario in 2002 and B.C. in January 2003. Marika is a barrister with Hungerford Tomyn Lawrenson and Nichols in Vancouver, practicing civil litigation, with particular emphasis on personal injury, employment, and commercial disputes. Marika also consults on privacy issues and has significant experience in administrative law, including professional regu lation. Having grown up in Montreal, Marika is fluently bilingual, and is particularly proud of her work with the francophone community in Vancouver.
Marika has been an involved member of her university and law school communities, an active member of the CBA and is the Past Co-Chair of the Young Lawyers-Lower Mainland section. Marika's goal, as the Young Lawyers Officer, is to see the CBA break down the barriers that limit the ability of so many young lawyers to thrive in the practice of law.
OFFICER
JAMES M. BOND
James is an Associate Counsel in the Vancouver office of Lang Michener LLP. James practises in the areas of franchise and distribution law, privacy, technology, and intellectua l property law, and has been ranked for the last four years as a "Leading Lawyer" in Canada by the legal pub lication, Lexpert.
James is an active vo l unteer, and is a former member of the Executive Committee of the Vancouver Bar Association, a former Legal Advisor and a current member of the Canadian Franchise Association Pacific Region Council, and a member of the Canadian Franchise Association Franchise Service Supplier Council. He is a lso a former m e mber of the Board of Governors of the Southern Alberta Institute of Techno logy and the University of Alberta Senate. He was also recently Chair o f th e Continuing Legal Educat ion courses on Privacy and was Chair of the Continuing Legal Education cour ses Franchising (2001) and Privacy (2004 and 2005). James holds a BA from the University of Calgary, where he w as a Queen E lizabeth II Schol a r, and an LLB from the University of Alberta He was called to the B.C. Bar in 1996
OFFICER
STEP HE N G MCPHEE
Stephen began his lega l career in South Africa and was called there in 1997 His law degree was earned at the University ofStellenbosch, situated in the h e art o f the South African winelands, which makes any successfu l academic endeavour there even more impressive. He immigrated to Canada in 1997, obtain e d hi s Canad ian legal accreditation in 2000, and was called to the Bar in B.C. i n 200 2. Stephen practises general commercial and civil litigation, pers o nal injury and family law with Ramsay Lampman Rhodes in Nanaimo. He has a sp e ci a l interest in ADR .
Stephen is an elected member of Provincia l Council for Nanaimo County, has been the Nanaimo ADR Section Chair, and has been Secretary of the Nanaimo Family Section since 2003
OFF ICER
AR L ENE H. HE NRY , QC
Arlene H Henry, QC, solicitor, mediator, arbitrator, instructor, and coach was ca ll ed to the Bar in 1986. As a sole praction n er, her solicitor's career h as evolved to focus extensively in the aboriginal law area, including recent participation in self-government implementation and treaty negotiations.
She has been med iating since 1998 in civi l and fami l y; is a Certified Comprehensive Family Mediator; and a roster member of the B.C Mediator Roster Society (Civi l , Family and Ch i ld Protection), Genera l Insurance Om bud service and the Insurance D ispute Reso l ution Services of B.C. Panel; and a former member of the Provincial Court Civil Mediation Roster. She has been mediating child protection disputes for five years throughout the province.
She has been the Law Society appointment to the City of Vancouver Building Permit Appeal Board sinc e 1999, and served six years on the Vancouver Foundation's Children, Youth and Fami lies Advisory Comm itt ee .
Arlene was elected to the Prov incial Council in 2005 and appointed as Alternate E xecutive Liaiso n to National F u tures Committee in 2006. She chaired two of the organizing sub-committe es for th e 2005 CBA CLC in Vancouver. She has been a member and now current Chair of the CBA Member Dispute Res o l ut io n Committee. She served 11 years on the Real Property Section's Strata Property Act Amendm e nt Com m ittee assisting in the drafting of the new legislation and regu lations.
STEPHEN G. MCPHEE
A Fresh Start for Sections
Higher participation and more support for 200612007
' ' Sections are the lifeblood of the CBA" is what CBA members across Canada have said for years. Here in B.C. we are not satisfied with resting on the laurels of past Sections' success. The CBABC has
a Sections Committee dedicated to ensuring the health of Sections, and enhanced staff resources providing invaluable support to the many vo lunt eer members who run each section.
Stephen G. McPhee
The Sections Committee for 2006/2007 is Stephen McPhee Nanaimo (Nanaimo, Chair), Hunter Gordon (Victoria) , Andrew Gay (Vancouver), Richard Bjarnason (Prince George), Billy Garton (Vancouver), and Heidi Zetzsche (1 00 Mile House). The Committee meets monthly between September and June by teleconference
Committee contacts the Section executive and finds out how the Committee and the Branch can help support the Section to ensure they are providing the quality Section experience Section members deserve.
The Committee is comprised of volunteers, as are the Section Executives around the province It is not lost on anyone that busy lawyers are giving up their va lu able time to organize Section Ramsay Lampman Rhodes,
meetings , arrange excellent speakers, and provide minutes th at are stored on the CBABC website in an easily accessible archive.
The Comm itt ee is charged with monitoring Section activity; providing support to Sections, reviewing applications for new Sections, and taking steps to disband inactive Sections.
There are presently 66 Sections and one conference (Women Lawyers Forum) in B.C. There were 800 more members enrolled in Sections in September 2006 than there were in September 20 05a healthy increase that reflects the value members see in Section involvement.
A consistent agenda item at each meeting is a review of Section activity, presented by the Branch Sections Coordinator, Fran Hodgkins . Fran ensures the Committee has up - to-date statistics on Sections including enrolment figures, number of meetings held by each Section, and minutes provided after each meeting . If a Section is not meeting regularly or providing minutes after meetings , the Section
Earlier this year Section members received a survey designed to find out what they wanted from their Sections, and to determin e their satisfaction level with their existing Sections (see www.cba.org/bc under Publications/Surveys). The survey gave the Sections Committee invaluable feedback. However, th e re are 66 different Sectionsfrom Aboriginal to Young Lawyers, and the Committee knows that different Sections have different needs and preferences.
A new Section Chair orientation held last month provided Chairs around the province the opportunity to hear tips from experienced Section Chairs. The high attendance rate and level of participation was an excellent barometer of the quality of Chairs for the upcoming year, and the enthusiasm amongst Chairs and their Executives
The Sections Committee will continue to perform an important role in the health of Sections in 2006/2007, along with high quality volunteer Section Executives and the ever-present support of Fran Hodgkins at the Branch. We welcome your feedback and ideas at any time. BT
Sole and Small Firm Practice Support
The Law Society's Small Firm Task Force, chaired by Kootenay Bencher Bruce LeRose, is working on supporting and strengthening sole and small firm practice Solo and small firms are the backbone of the profession. Sole practitioners are approximately 35 per cent of the private Bar and lawyers in two to five lawyer firms account for 23 per cent, providing the vast majority of legal services outside urban centres.
Br u ce Le Rose is the Benche r for Kootenay County , a n d Ch a i r of the Sma ll Firm Task
Force Bruce pract ises law with Thompson, LeRose & Younger lawyers do not enter sole and small firm practice as frequently as larger firms, part icularly Brow n , in Tra il, B.C. outside urban areas. There are concerns about whether the sole and small firm Bar is renewing itself, especially in less populated areas.
Many sole and small firm practitioners face pressures relating to isolation, overheads, practice management and technology, and a local shortage of lawyers and articling students.
On July 14, the Benchers adopted Task Force recommendations to develop six proposals for Bencher consideration:
#1 Technology Support: Acquisition and efficient use of techno logy are essential. An effective support program would assist firms to be more productive. The Task Force is identifying proposals, including costing options.
#2 Bookkeeper Support: The Task Force is developing an on- line guide for recruiting and working with bookkeepers. Finding and working effectively with a qualified bookkeeper are essential.
#3 Articling Students: Solo and small firms, particularly outside Vancouver and Victoria, have difficulty recruiting students. Some firms would benefit from sharing a student. The Task Force is
developing proposals for promoting articling in small firms and facilitating shared articles.
#4 Practice Locums: Many sole and small firm lawyers cannot take time off because no one is available
to serve their clients Burnout is a risk. The Task Force is developing a locums program to enable lawyers to reduce their time commitment, and provide opportunities for others to work part-time.
#5 Succession and Emergency Planning: Succession and emergency p lanning are critically important. The Task Force is
developing a comprehensive guide to succession and emergency planning
#6 Certified Cheques: Many lawyers object to providing certified cheques to other lawyers, on the principle of professionalism and because of administrative and financial burdens . A lawyer's cheque is an undertaking to pay, and can be accepted as such by other lawyers . The Task Force is working with the Ethics Comm ittee to consider amendments to the Professional Conduct Handbook to clarify when it is inappropriate to demand a certified cheque.
Other Programs: The Law Society currently offers several practice support resources, including the Practice Advice service, web and paper based information (on practice management, ethics and insurance), PLTC Practice Materials (free on the website), CanLII (a free, on -line national virtual law library), and the Small Firm Practice Course (to be implemented by January 2007, on - line and free of charge).
Next Steps: The Task Force is consulting widely as it develops detailed proposals for Bencher consideration by December 2006. To provide input, please contact Bruce LeRose, 250-368-3327 /brucel@tlb.bc.ca, or Alan Treleaven, 604-605-5354 I atreleaven@lsbc org. BT
How to Become Effective at Networking: Four Key Tactics
As lawyers, you are often required to attend many types of events, industry, association, and firm sponsored events. This can take a considerable amount of time away from your billable hours. If you are not making the most of your time at these events by networking, then you are wasting your time - and time equals money. However, by becoming effective at marketing yourself at these events, you could
Gary Mitchell
www.gemcommunications ca
turn this wisely invested time into hundreds of billable hours in the future and become partner at your firm faster, or grow your solo practice larger.
HERE IS HOW!
Be strategic! You don't have a lot of "spare" time on your hands. Don't bother going to events that don't target your target audience. Only choose events that will give you the opportunity of meeting people who may have the power and influence to give you business.
Meet the presenters and organizers of the event. Meet the presenters because theoretically the people who speak at these events have a vast amount of knowledge in the area they are speaking on. By building relationships with these people, you are adding to the value that you give to your clients because you are expanding your resource network. Meet the organizers so that you may begin to build relationships with them until such time whe re an opportunity may arise for you to speak or present on a certain topic- and raise your profile!
Meet new people. You are there to meet new people-potential leads, so don't hang around with
your friends or other associates from the firm. If networking is new to you, and you are still a little apprehensive about meeting people in a larger setting, get into the habit of sitting at a table where you do not know anyone and introduce yourself with your business card. The people sitting at that table will reciprocate and then you will find out immediately who you should be talking to first. It will not matter what table you
sit at, there will be at least one person of interest to you.
Ask a question and introduce yourself. Give yourself a 30-second infomercial at every event by doing your homework and preparing an intelligent question that relates to the topic of discussion and something that you are doing to help your clients. It will show everyone in that room that you care about your clients enough to attend these events. This will help you build your profile by getting your name and your firm name out there and everyone in that audience will know who you are. Over time this becomes very powerful when they see and hear from you at every event. The chances that even one person will come up to you following the event will dramatically increase and prevent you from having to fish for them. BT
Gary Mitchell is the Managing Partner and Principal Business Development Coach at GEM Communications, a Vancouver based firm specialized in the delivery of marketing, media relations, government relations and business development coaching for lawyers. He is also a member of the Legal Marketing Association-Vancouver Chapter, and is co-chair of the media relations and marketing committee.
Don't Ask, Don't Tell: What Lawyers Have to Say About Mobility"
In the last issue of Bar Talk, and in recent years, there have been several articles written about "associate mobility ." Despite attrition being of significant concern to employers (see Where Have All the Lawyers Gone? in August's Bar Talk), few firms, if any, seem to have found a non-threatening way of inviting their associates, past and present, to express their true reasons for leaving, or considering leaving, the firm. Not surprisingly,
Mar ika Giles
Young Lawyers Officer CBABC Executive Committee
profession). The key question for any firm considering the issue of associate retention is: what do we offer that is sufficiently unique to make the YLs want to stay? One of the most powerful motivators is personal loyalty: by making a YL feel like a valuable and respected part of the team, a strong bond is created between the YL and other members of the firm. Making sure
that your YLs are well informed about the nature of the projects on which they work, including the misconceptions run rampant.
Over the last few years, I have spent a lot of time actively listening to young lawyers ("YLs") talk about the ups and downs of their jobs. Some common themes have emerged from those conversations, a few of which I thought I'd share in the hopes of bridging the communication gap and, perhaps in the process, helping to build happier, more stable working relationships for YLs and their employers.
Unspoken Expectations: More often than not, the only expectations that are clearly expressed to young Ia wyers are billable targets. Project-specific expectations (and timelines) are often poorly expressed, if at all. Professional benchmarks are rarely provided and issues are not usually addressed in a timely or constructive manner. The combination of working long hours and feeling like a constant disappointment does not a happy human being make, and it's particularly hard on YLs, who are used to being the smartest kid in class. YLs would do better if professional and project-specific expectations could be clearly delineated, feedback (both positive and negative) regularly given and criticism expressed in a constructive, educational way.
The Importance of Personal Loyalty: Paycheques aren't enough to retain associates - they are available everywhere (including outside the legal
client's needs and expectations, and where their task fits in the big picture, are effective ways to make a YL feel engaged.
Cracking the Work-Life Balance Code: YLs expect to work long hours and to wrestle mountains of work. What they crave is some control over their time, so that when they commit to a time to be at home, a meeting, the daycare, or the gym, they are not constantly forced to be late or cancel at the last minute. YLs know that genuinely urgent matters will come up and are happy to help out. But taking YLs for granted is not just forgetting to say thank you (see Warren Smith's article in August's BarTalk) but consistently failing to anticipate deadlines and then being intolerant about prior commitments. When constantly asked to choose between work, people and activities that bring joy, relieve stress and promote health well, work will undoubtedly win some battles, but it won't win the war. To level the battlefield in their favour, employers should create a work environment where YLs can experience pride and personal satisfaction, secure in the knowledge that the considerable time and effort that YLs invest will, at least in some measure, be reciprocated by their employers with respect and reasonable flexibility. BT
October 13
Pacific Legal Technology Conference (The Westin Bayshore, Vancouver)
October 21 Nanaimo County Bar Association AGM (Kingfisher Resort Hotel, Courtenay)
October 23-24
October 25
11th Annual B.C. Council of Administrative Tribunals Educational Conference (Executive Inn, Richmond)
Lawyers Assistance Program of British Columbia: Burns Book Group
October 27 B.C Legal Management Association Vancouver AGM (Four Seasons Hotel, Vane.)
November 1
November 2-4
November 5-7
November 6-7
November 8
Lawyers Assistance Program of British Columbia: Burns Book Group
CBA 2nd Law and Parliament Conference (Ottawa Government Centre, Ottawa)
CBA Conference: Leading the Canadian Law Firm in the 21st Century (Marriott Halifax Harbourfront, Halifax)
International Technology Law Association European Conference (Municipal House, Prague)
Lawyers Assistance Program of British Columbia: Burns Book Group
November 14 New Westminster Bar Association AGM
November 16-18
International Association of Young Lawyers: International Business Law (Buenos Aires, Argentina)
November 17-19 CBABC Presents Viva Lex Vegas (Las Vegas, Nevada)
November 22
November 23
November 24
November 24-25
November 29
Lawyers Assistance Program of British Columbia: Burns Book Group
CBABC and The Law Society of British Columbia Bench & Bar Dinner (The Fairmont Waterfront Hotel, Vancouver)
CBA CLE: Administrative Law and Labour/Employment Law (The Westin, Ottawa)
Fraser Valley Bar Association AGM (Melange Restaurant, Langley)
This year's Bench and Bar Dinner comes to the Fairmont Waterfront Hotel in Vancouver, offering members of the legal profession and the judiciary a unique opportunity to enjoy an evening of good company and conversation.
The Dinner will honour the recipients of the Law Society Award and the CBA Georges A. Goyer, QC Memorial Award for Distinguished Service (to be announced this Fall) .
The Benchers are pleased to announce that Charles C. Locke, QC will receive the Law Society Award for 2006 in honour of his lifetime contributions to the public and the profession. Please join the Benchers of the Law Society and the members of the CBA Executive and Provincial Council in paying homage to those who have made outstanding contributions to the cause of justice in British Columbia.
Bene
rThe Law Society of B. C. and the Canadian Bar Association, B.C. Branch, warmly invite members of the profession and the judiciary to attend the 22nd Annual Dinner for the Bench and Bar
Date: Thursday, November 23, 2006
Time : Reception - 5:45 pm (cash bar)
Dinner - 6:30 pm (wine included)
Place : The Fairmont Waterfront Hotel Waterfront Ballroom 999 Canada Place Way
(For more information or special requirements, contact Bri an Rodriguez at 604 687-3404 , ext 306 )
(payab l e to the Canadian Bar Association , BC Branch) Credit card number:------------- Expiry date:----Signature : -
FAX: Please fax your ticket order, with credit card information , to 604-669 -
or
-
BY MAIL: Mai l your ticket order, with payment, to Brian Rod ri gue z, CBABC, 1Oth Floor - 845 Camb i e Street, Vancouver, B.C. V6B 5T3
In conjunction with the Kelowna Bar Association, there will also be a venue in Kelowna For information and tickets contact Cathie M. Heinri chs at familylaw@heinrichs.ca or 250-868-9454
The Law Society of British Columbia
* Alpine Resort
Ski/Snowboard Passes
British Columbia is home to a number of world-renowned winter sport resorts, and CBA members throughout the province get incredible deals at some of the best. Whether you spend your winters at scenic Sun Peaks, breathtaking Silver Star, unforgettable Big White, th r il l ing Mount Washington, or home of the 201 0 Winter Olympics Whistler/Blackcomb, there is a resort near you where your CBA membership gives you more than you expected for less than you bargained for! Check the Member Savings section of the CBABC website for details on how to order.
2006/2007 Vancouver Canucks Tickets
The days are getting shorter, the nights are getting colder it could only mean one thing - hockey season is back!!! After a heart-wrenching end to last season, the rejuvenated Vancouver Canucks are poised to make a serious run at Lord Stanley's Cup, and the CBA is your source for the best ticket prices in town. Members can save over 15 per cent on available regular season tickets to some of the hottest games on the schedule Supplies are limited and demand is high so get your order form in today before it's too late! (Order forms are available on the CBABC website under the "Member Savings" section).
22nd Annual Bench & Bar Dinner
Each year, the Law Society of British Columbia and the Canadian Bar Association, B.C. Branch, join together to host an evening of good food, fine wine, and great company. The 22nd Annual Bench & Bar Dinner is the p erfec t opportunity to meet other members of the legal profession, catch up with old friends, and recognize the accomplishments of your peers. The dinner honours the recipients of the Law Society Award, as well as the CBA Georges A. Goyer, QC Memorial Award for Distinguished Service. This year's dinner will be held at the beautiful Fairmont Waterfront Hotel in the Waterfront Ballroom. Those who have never been to the dinner before are in for quite a treat, and those who are returning can be promised that this will be the best one yet . So please join the Benchers of the Law Society, the members of the CBA Executive Committee and Provincial Council, and your fellow members of the profession in applauding the efforts of those working to further the cause of justice in British Columbia.
This is a very popular event and seats are limited. Please fill out the registration form on the opposite side of this page and return it via fax or mail as soon as possible to reserve your seat.
Personalized Lawyers· Cases
T he Canadian Bar Associat ion is pleased to present the newest selection of Pe r sonalized Lawyers' Cases by Bugatti! We are offering a l arger var iety and wider selection than in years past with the same high quality one expects from this trusted name. These bags can all be personalized with your name, initials, or law firm, and all at a heavy discounted price. Bugatti bags make perfect gifts for others, as well as yourself, and get even cheaper the more you order, making them a perfect way to distinguish your law firm. Details can be found online at the CBABC website under the Member Savings·· section
Bar Moves 1': 71
Have you recently changed f i rms or opened a new firm? Send s u bm iss i ons (maximum 25 words) to Bar Mo ves at cba@bccba org
APRIL J. E. GILLILAND will commence practice in general civil litigation and family law at Velletta & Company in Victoria, after articling with Cook Roberts LLP
DANIELLE BRETION , formerly ofStevens Kale in Vancouver, is back from Africa and practicing at Somers & Company in New Westminster (ICBC defence).
LEE T.J. FISHER has recently joined the firm of Tees Kiddie Spencer in Campbell River where he continues to practice in the areas of corporate commercial, real estate and wills and estates.
SABA NAQVI, a U.S. attorney licensed in California and British Columbia, has joined Embarkation Law Group where she will head its U.S. immigration and naturalization practice group.
NIKI SHARMA has joined the firm Donovan & Company where she will practice aboriginal law, including residential schools litigation.
MARK VIRGIN joins Linda Stevens to form Stevens Virgin. Their injury law and insurance defence team includes lawyers Jason Adrian, Gwen Chambers, James O'Flynn and Kiran Dhaliwal.
As of August 15,2006, CINDY CHEUK has joined Lang Michener LLP as an associate in the Vancouver office. Ms. Cheuk previously articled in a boutique Vancouver law firm. At Lang Michener LLP, she will be working in the foreclosure and realization practice areas, specializing in the financial services and real estate industries
2006 National Council Resolutions
• Along with some 1DO legal organizations from 40 countries, CBA adopted a statement of core principles of an independent judiciary, independent legal profession, access to justice for all and that these principles shall not yield to any emergency of the moment.
A call for the federal government to increase funding for the Court Challenges Program.
A resolution calling on government to increase student loans, to defer interest and loan repayment until after articles and Bar admission have been completed.
• Plus two resolutions were tabled: one seeking to overturn a ban of First Canadian Title Insurance from advertising in CBA publications and one on access to justice originally brought by Dugald Christie of Vancouver who was tragically killed in Northern Ontario while riding his bike from B.C. to Ottawa
To view Nat ional Council re solutions , please vi s it (wit h CBA member numbe r ): http://www.cba.org/CBA/resolutions/ 2006 res/Default. aspx .
Cindy Cheuk
PRACTICE MADE PERFECT
CLEBC Update
NEW BURSARY PROGRAM
The Continuing Legal Education Society of British Columbia has a goal of ensuring that all lawyers in the province have access to quality legal education. We have worked to make this goal a reality by providing the CLEBC courses in several formatslive, online conferences and video repeats - allowing lawyers in any location across the province to attend CLEBC courses. To better assist lawyers who wish to attend CLEBC programs but are under financial constraints, CLEBC is pleased to introduce its new bursary program.
Qualifying for financial assistance under the new CLEBC bursary program is easy Applicants simply complete an application form in which the applicant declares that he or she is a member in good standing of the Law Society of British Columbia and that he or she would not be able to attend a specific course without the assistance of the bursary. Applicants receive up to a 50 per cent discount on registration fees for up to three courses having a maximum duration of five days per calendar year. Applicants will also be required to deliver to CLEBC a completed survey form to pr.ovide feedback that will assist in making future refinements to its bursary program.
For more details, call CLEBC's customer service at 604-893-2121 or 1-800-663-0437, or visit CLEBC's website at www cle.bc.ca
NEW MEMBERS
Th e CBABC Branch w elc o mes its newest members! The followin g n ew members have joined in th e months ofJuly a nd Au g ust of2006:
Regular Members
LEON BRESLER
Va nco u ve r P ort A uth ori ty, Va n co u ver
CHIRA CHILLIAK
L a ng Mi chen e r LL P, Va n co u ve r
KAREN GHUMAN
So uth Po int L aw Ce ntr e, Surr ey
KHORSHID HAKEMI
La ng Mi ch ene r LLP, Va n co u ve r
CATHLEEN HERRERA
Sca rbo rou gh , O N
JUSTIN GABRIEL LAM
Steel e U rquh a rt , Va nco u ve r
ANDREA C MACDONALD
Str a th ro y, O N
VINA SAYSON
Pr yk e La mb e rt L ea thl ey
Ru sse ll LLP, Ri chm ond
Student Members - Articling Students
RYAN ASHMEAD
McCa rth y T etr a ult LL P, Van co u ve r
JESSICA BEVERLEY
McCa rthy T etr a ult LLP,
V a n co u ve r
ANDREW BIRD
McCa rth y T etr a ult LLP,
V a n co u ve r
ANDREW BUCHANAN
H o rd o & Benn ett , V an co u ve r
MEGAN CHORLTON
A lexa nd e r H olburn Bea udin & L a ng LLP, Vanco uve r
RODRIGO HUMBERTO DAVILA MEDINA
Mill er Thom son LLP, V a n cou ve r
KRISTIN GARDNER
H a rp er G rey LLP, Va nco u ve r
MORGAN HAY
Bull , H ousse r & T u ppe r LLP, Vancou ve r
ZACHARY KILLAM
W es t Van co uve r
XENIA KRITSOS
McCa rth y T etr a ult LL P, V an co u ve r
ELAINE LAU
McCa rth y T etr ault LLP, Va n co u ve r
JONATHAN C. LEVY
Bull, H ou sse r & Tup pe r LLP, Va n co u ve r
BRIAN LINDSAY
McCa rth y T e tr a ult LLP, Va n co u ve r
ERIC JOHN LUNDBERG
Ka ml oo ps
LEAH MACK
W oodwa rd & Co mpany, V ic to ri a
CHRIS METCALFE
D av is & C omp any LLP, V an co u ve r
KIERAN MOORE
Bull, H ousse r & Tupp er LLP, V an co u ve r
SCOTT MORISHITA
A lexand e r H olburn Bea udin & La ng LLP, Va nco u ve r
SIOBHAN O'SULLIVAN
Bull , H ou sse r & Tupp e r LL P, Va n co u ve r
LAURA TESAR
E a rmm e & A ssoc iat es, Fo rt St John
Student Members - Law Students
NICOLE BERMBACH
Vi cto ri a
HEATHER BLAIR
Van co u ve r
HALlE BRUCE
Va n co u ve r
KAREN LOWE
Va n co u ve r
ALANNA MAYNE
Victori a
ALEXANDER MCCRAE
Victo ri a
RAPHAEL TACHIE
S urr ey
THE@LAW FOUNDATION
OF BRITISH COLUMBIA
The Board ofGovemon of The Law Foundation of B.C. met on j une 24, 2006. Chair Warren Wilson, QC is pleased to announce th at funding tota lling $ 1,917,35 2 was appmved f01· the fo llowing 32 p roj ect g rants:
$75,000
ABBOTSFORD COMMUNITY SERV ICES SOCIETY
Legal Advocacy Program
$75 ,000
B C COALITION TO ELIMINATE ABUSE OF SENIORS ON BEHALF OF THE B.C ADULT ABUSE AND NEGLECT PREVENTION COLLABORATIVE
Prevention of Abuse and Neglect of Vulnerable Adults in B. C. Legal Project
$75,000
B.C. LAW INSTITUTE Society Act Law RefOJm Project
$75,000
CANADIAN FORUM ON CIVIL JUSTICE
Supporting Civil J ustice Reform Through Research
$75,000
CONTINU ING LEGAL EDUCAT ION SOCIETY AND PRIESTLY LAW LIBRARY, UNIVERSITY OF VICTORIA, FACULTY OF LAW
Legal Research Centre- Pe1ji;rmance Supp011 Project
$75,000
DZE L'KANT FRIENDSHIP CENTRE SOC IETY Legal Advocacy P roject
$75,000
ENVIRONMENTA L LAW CENTRE, UNIVERSITY OF VICTORIA
Mobilizing Legal Knowledge to Enhance First Natiom Capacity to Participate in DecisionMaking for Coastal Resources
GRADUATE FELLOWSHIPS 2007/2008
$75 ,000
MPA- MOTIVATION , POWER AND ACHIEVEMENT SOCIETY
Mental H ealth Court Outreach Advocate
$75,000
SCOW INSTITUTE FOR COMMUNICATING I NFORMAT ION ON ABOR IGINAL ISSUES
L egal R esearch and Education P roject
$75,000
UNION OF B C INDIAN CHIEFS
Specific Claims Research Workshops
$75,000
UNIVERSITY OF B C , FACULTY OF LAW Faculty of Law Strategic Planning
$75,000
UNIVERSITY OF VICTOR IA, FACULTY OF LAW Law Centre Family Law Diagnostic Tool
$74,980
VANCOUVER AREA HUMAN RIGHTS
COALITION SOCIETY
A Preventative Approach: Balancing Public Safety agaimt Equal Access and Dignified Y,·eatment
$71 ,DOD
PIVOT LEGAL SOCIE TY
Child Protection, Legal Research, Legal
E ducation and Law R efOim Project
$71 ,000
SAULTEAU FI RST NATIONS
Abonginal Law and Family J ustice Advocate/Coo1dinato1·
$70,000
VICTORIA NATIVE FRIENDSH I P CENTRE
Central H ealing H ouse Project
$68,350
YWCA OF VANCOUVER
Legal Education for Women Pilot Project
$68, 00 0
B C COURTHOUSE LIBRARY SOCIETY
Anonymisation of Fam ily Law j udgments Pmject
$64,200
LAW COURTS EDUCATION SOCIETY
D ealing with Finances after Separation L egal Education Pmject
$60,000
WESTERN CANADA SOCIETY TO ACCESS JUST ICE
Youth Clinic Development P roject
$58 ,000
SOCIAL PLANNING AND RESEARCH
COUNCIL OF B.C.
Community Engagement for J ustice Rej01m: Collaboration on the New Response to Chronic Offenders
$50 ,000
SIERRA LEGAL DEFENCE FUND
SOCIETY B C.
Endangered Species Legislation Project
$50,000
UNIVERSITY OF B C , FAC ULTY OF LAW
Legal Education Access Project (Part 2)
$49,750
LAW COURTS EDUCATION SOCIETY
Courts of B.C.: An Introduction for Brit1sh Columbia11S
$40,000
NORTHERN ROCKIES ABORIGINAL WOMEN SOCIETY
Fort Nelson Urban Aboriginal Legal Advocate
$40,000
TOGETHER AGAINST POVERTY SOCIETY
Legal Advocacy and Disabilities n-aining Progmm
$37,500
MULTIPLE SCLEROSIS SOCIETY OF CANADA, B.C. DIVISION
Volunteer Legal Advocacy P rogmm- Outreach and Communication Project
$37, 000
POVNET SOCIETY ON BEHALF OF POVERTY LAW ADVOCACY NETWORK OF CANADA
National Consultation on Poverty Law in Canada
$29 ,072
B C CIV IL LIBERTIES ASSOCIATION
BCCLA Racial Profiling Conference
$29,072
SALVAT ION ARMY PRO BONO PROGRAM W ebs ite Update
$25,500
CONTIN UING LEGAL EDUCATION SOCIETY
Aboriginal Practice Points Online P roject Update
$25,000
CANADIAN INSTITUTE FOR THE ADMINISTRATION OF JUSTICE
Sustainable Development and the Law Conference
There w ere 47 applicat ions f o r projects that w ere n ot funded
VALUE : Up to four 14) Awards of $13,750 each !subject to change). CLOS ING DATE: Janu ary 4, 2007
FIELD OF STUDY/ ELIGIBILITY: Full t i me graduate studi es i n la w or a la w -related area Appli cant s mu st eith er be resid ent s of Brit is h Columbia; graduat es of a Briti sh Columbia la w sch ool ; or members of the British Columbia Bar
WHERE TENABLE : Recognized uni versit ies in Canada , th e U.S or abroad
NOTE : The La w Found ation Gradu ate Fello ws hip is not avai l able for the graduate program s of the Faculti es of La w at t he Univ ersit y of Briti sh Columbia and th e Uni ve r sity of Vict or ia as Th e La w Found ation mak es separate gra nts to the Gradu ate Fellows hip programs at the se uni ve r sit ies
For m or e informati on, please vi sit Th e Law Foundation we bsite at www la w foundationb c org or co nt ac t Th e La w Foundati on at 134 0-605 Robson St, Van cou ve r B C V6B 5J3 E-mail : lfb c@ tlfb c. org or Phone : 604 - 688 - 2337 Appli cation form s are available onlin e
CLASSIFIED (per line)
CBABC Members/Firms $25
Commercial Organizations $50
Next deadline : November 10
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6 " X 2.5 "
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INSERT (all of B C.)
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Commercial Organizations
Next deadline : November 17
Next mailing : De cember 8
Direct Bar Talk advertising inquiries to: Jesse Tarbotton
Communications Co-ordinator
Tel: 604-646-7856 or 1-888-687-3404
E- mail: jta r botton @bccba org
POSITIONS AVAILABLE
RESIDENTIAL CONVEYANCING LAWYER
rn ey, Wordp erfect 8 & 10; MS Word , Co nveyma ste r. Co mpe nsa tion co mm e nsurate w ith ex pe ri e nce Res um es w ill be rece ive d in co nfid e n ce.
Co ntac t: John Bec k e r, Bec k e r & C omp a n y, Ph o n e : 604-4 65-9993 , Fa x : 604 - 465 - 00 66, E - m ail : bec k erla w I @s ha w ca
JUNIOR LITIGATOR - Linl ey Duignan is a vibr a nt ge neral ci vil pr ac tice law firm that ha s bee n se r ving Abbot sford a nd th e Low e r
M a inl a nd fo r ove r 35 ye ar s. W e have a tre me ndo us oppo rtunity for ca ree r- moti va ted peo pl e. At the prese nt time we require a C ivil
Liti gato r, 1-5 yea rs expe ri en ce. Ar ea s o f pra cti ce m ay includ e ICBC d e fence, pl a intif f person a l inju ry, co nstru cti o n law a nd/o r fa mil y. F o r m o re information , e- mail Da vid Letk e mann a t dl etk em a nn @linl eydui g nan co m
SERVICES
INTELLECTUAL PROPERTY : L et us a ssist you in pro viding prot ecti on fo r yo ur cli ents D o ug las B. Th o mp so n L aw C orp o rati o nRegi ste red Pate nt Agent , Reg iste red Trad e Mark A gent. Pr ac ti ce re stricted to Intell ectu
