“When you come to a fork in the road, take it!” – Yogi Berra
In February 2006, the Ministry of Attorney General announced a wholesale review of the Family Relations Act. The first year was devoted to research. This year has been set aside for consultation. Your Branch has been in the forefront of that effort, working to inject the perspective both of lawyers and of the clients we represent.
Fourteen discussion papers have been released, in three phases. The first was largely concerned with property. Phase Two tackled definitions of custody and guardianship, access enforcement, views of children, and family violence. Phase Three addressed support and relocation issues, definitions, and limitations. All are available at http://www.ag.gov.bc.ca/legislation/.
Family Law Sections across British Columbia have heard submissions and made representations on Phase One. They will remain involved in the process. In addition, an FRA Review Working Group was struck to make submissions on behalf of the Branch. Phase One submissions were completed on June 15th. Phase Two submissions were just completed September 7th. The submissions for Phase Three are due on December 15th.
Despite the unfortunate timing of Phase Two, during the summer your Working Group members have made extensive submissions on both statutory and procedural reform. They also conducted a survey, distributed through the
CBABC e-mail and website facilities, to gain wider feedback from our membership. Survey highlights are published on the CBA website under Publications at: http://www.cba.org/bc/cba_ publications/surveys/default.aspx. The survey has proved an invaluable resource.
Some of the recommendations of the Working Group include:
• moving away from “custody” toward “parenting responsibilities”;
• increasing the emphasis on, and resources for, input from children;
• providing specific remedies for access enforcement;
• promoting an effective and balanced approach to family violence;
• procedural reforms for resolving disputes as quickly and efficiently as our present resources will allow; and
• emphasizing the crucial role of courts, lawyers, duty counsel and collaborative practice.
The full text of these and earlier submissions are published online under Initiatives/Submissions.
This has been an exciting time for law reform. New paths are opening before us almost every day. The CBABC is committed not only to helping government choose the right ones, but to participate in blazing those trails on behalf of our members, the profession, and the public. BT
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LEGAL AID INITIATIVES
BENEFIT LAWYERS AND CLIENTS –
MARK BENTON
(VOL. 19, NO. 4)
Send your L ETTERS TO THE E DITOR to:
Jesse Tarbotton, barTalk Senior editor
Canadian bar Association, b.C. branch
Fax: 604-669-9601
As a family practitioner, I read Mark Benton’s column last issue with two minds. Firstly, I applaud the recent reforms of the LSS and its dedication to improving service delivery. On the other hand, a chill runs down my back when I read that LSS will still support legal representation for clients “when that’s what they need.” What does this mean?
Toll-free fax: 1-877-669-9601
e-mail: jtarbotton@bccba.org
In recent weeks, the AG has quietly changed the mandate of legal aid. Previously, the first object of the society was to “assist low income individuals.” Now, the mission is to facilitate access to justice for all, and the society is called on only to “identify and assess the legal needs of low income individuals.” Despite their proximity in the dictionary, “assistance” and “assessment” are two very different things.
I hear the happy talk coming from LSS and the AG’s office, but I wonder: Do these initiatives really herald new opportunities for lawyers and their clients, or do they mark the beginning of the end for legal representation to needy clients in exchange for some glorified information service? Mr. Benton makes it sound like a party, but after Christie, my question is this: Are we being invited to an inauguration, or a wake?
– David Dundee
LAWYER REFERRAL SERVICE
(VOL. 19, NO 4)
LETTER SENT TO FRITS VERHOEVEN
I wish to express my sincere thanks on receiving your letter of the 29th of June, 2007 recognizing my participation in the Lawyer Referral Service from January to May of 2007.
I certainly have no problem, whatsoever, in taking on any further requests for the Referral and have never found it any kind of problem.
I am pleased to tell you that I have never had any complaints from either the persons who administer the program, or from any persons who had sought out the advantage of your service.
Finally, I thank you personally for taking the time to acknowledge the service for those who have supported, what I do believe, to be a valuable concession to the public that would exercise the confidence that they have in organizations such as yours.
– Dennis Dallas Dallas & Company
Advocating for a Worthy and Honourable Profession
Ithank you for the privilege of leading you over the coming 12 months. I will do my best to promote the interests of our worthy and honourable profession.
Speaking of the latter, lawyers have taken something of a beating over the past few months by members of the fifth estate. “Lawyers are Rats” screamed the cover story on a national magazine. While having my cheese, I read the lead article. What I found was, of course, gross distortion. Our profession was vilified by a few sensationalist stories which were said to be a proxy for lawyers as a whole. It was like someone taking the very few successful medical malpractice suits as representative of the standard of medical practice generally.
Kenneth Walton President 2007/2008 b.C. branch Canadian bar Association
In the “West Wing,” fictional White House Communications Director, Toby Ziegler advised fellow staffer Josh Lyman never to get into a fight with someone who buys ink by the barrel. While that was no doubt wise advice, the result is that the press has the freedom to distort with little consequence.
“Our
Tragic stories like the defamation of a good and honest Deputy Attorney General (Vogel v. CBC (1982), 35 B.C.L.R.7 – see especially paragraphs 260, 262, 284 and 285) illustrate what an enormous chore it is to correct a wrong made by a media giant.
balls. A local reporter wrote that my client’s suit had failed, when in fact it had been adjourned to add a party. That night the celebrating beer leaguers attended the diamond and in a drunken huff treated the tenants to a barrage of bottles and foul language. When court resumed with affidavit material exhibiting the inaccurate article and a dozen letters from offended tenants, counsel for the municipal commission agreed that the diamond would be removed to its former location.
I’d like to say that this particular example of inept journalism is an exception to the rule. Sadly, in my experience, more often than not, it is the norm.
I could go on about Neanderthalic pieces written about our judges being soft on crime. I could write about ill informed media types who criticize a judge’s ruling that our border guards do not dwell in a Charter free zone. I could rage on about open mouth radio where the object seems to be to stir listeners into a frenzy by spouting outrageous distortions on legal issues and then asking listeners to comment.
profession was vilified by a few sensationalist stories which were said to be a proxy for lawyers as a whole.”
In the end, it is the duty of each and every one of us to write letters to the editor, or otherwise inform our fellow citizens that our judges generally do a good job and the application of this or that law is not as is distorted by the press.
Sometimes pitifully poor reporting is an advantage to lawyers. Years ago my client was unhappy with a recently activated ball diamond 60 feet from his apartment building. Beer leaguers preferred to urinate in his parking garage and thought nothing of damaging his windows or his tenants’ cars with foul
We can do little about journalists who are inaccurate. The best that we can hope for ourselves is to provide our fellow citizens with timely, correct information, so that they will not be misled into believing that Canada’s very good rule of law is poor.
Keep up the good work. I wish you success in your professional and personal endeavours. BT
This Fairy Tale is True
Professional development will not be optional
Once upon a time, in a town not far from here, lived a lawyer who believed that mandatory CLE was only a fairy tale….
Gentle readers, believe it or not, you have already been told (several times) that professional development (PD) requirements are soon to be introduced. The Law Society has taken every opportunity in its Benchers Bulletin, website and local bar meetings to bring this important message to the profession. And yet, I meet very few lawyers who seem to be aware of this impending change.
Caroline nevin executive Director b.C. branch
Canadian bar Association
The Law Society’s message has been clear: B.C.’s lawyers are overdue in joining the rest of the major professions that require lifelong (or at least career-long) learning. Within 15 short months, every lawyer will be required to participate in a mandatory number of hours of PD activity each year.
Are you ready?
The first thing you will want to know is “how many hours?” The likely answer is 12. There is a debate underway about whether two of those hours must be specific to “professional responsibility, ethics, client care and relations, or practice management.” While no-one would argue against these important topics, one or more of them is woven into almost every PD program; it seems artificial to separate them out in order to say a lawyer has “met” a specific requirement. The CBA has asked the Committee to consider this matter further.
The second thing you will want to nail down is “what type of activities will count?”
The LSBC Lawyer Education Committee will be releasing its final report soon. I strongly advise you to read it – watch your Benchers Bulletin or check in regularly on www.lawsociety.bc.ca. The good news is that all of your familiar, easy ways of gaining professional development hours will remain, including CLEBC’s award-winning programs, CBABC Sections and PD programs, and CBA National Online CLEs.
CBABC Section activities give you easy-bite chunks of relevant, up-to-date info in your fields of law. You get one free Section with your CBA membership, extras are only $25, and online Section Papers, teleconferences and minutes come free with that enrolment. One or two Sections, a CLE course, and you’re meeting your PD requirement for the year. And it doesn’t matter where you live; many Sections are teleconferencing or holding their meetings by Web seminar and CLEBC has made a big technology investment (with Law Foundation help) to shrink the distance between any B.C. lawyer and CLEBC’s exceptional speakers, resources and courses. The CBA National Conference (Quebec City in 2008 and Dublin in 2009) and our Branch Annual Conference (this November in San Francisco) offer the added bonus of attractive destinations and big networking opportunities to build your contacts and business while learning.
Take a moment to find out more about the Law Society’s mandatory PD requirements and consider how the CBA can help you meet them. This fairy tale can have a happy ending, but only if you prepare. Remember…the smart little piggy built his house of bricks well before the wolf was at the door. BT
Meet the New National President
The new president of the CBA says his priority is to provide pragmatic approaches to improve the practice of law, in particular through the CBA’s Conflicts of Interest Task Force. Bernard Amyot, of Heenan Blaikie LLP in Montreal, is also committed to increasing CBA membership among women, younger lawyers and francophones.
That commitment is at the centre of the CBA’s new five-year strategic plan, adopted earlier this year. “We can build even greater accomplishments if we have a larger and more robust membership, fully supportive of our goals,” he says, adding that more francophones should be involved in the CBA. Bernard Amyot received the chain of office at the CBA’s Canadian Legal Conference in Calgary in August.
The CbA has urged the Prime minister to negotiate with the American government for the immediate release of Canadian omar Khadr from Guantanamo bay. In a letter to Prime minister Stephen Harper, the CbA called Khadr’s detention “an affront to the rule of law,” adding that the 20-year-old should be turned over to Canada to be dealt with under Canadian law. The letter noted that Canada is the only Western country with a citizen still being detained at Guantanamo bay. both Australia and the u.K. have repatriated their citizens.
The CBA recognized the exceptional achievements of its members through 13 awards presented during the course of the Canadian Legal Conference in Calgary from August 12-14. The awards recognize contributions in areas such as human rights, equality, journalism and more.
• Donald J. Manderscheid, QC, wins John Tait Award
• J. David O’Brien, QC, wins R.V.A. Jones Award
• Justice John Gomery receives Ramon John Hnatyshyn Award
• Lisa D. Belcourt wins Young Lawyers’ Pro Bono Award
• Tamara Kronis receives CBA SOGIC Ally Award
• El-Farouk Khaki receives CBA’s SOGIC Hero Award
• Justicia Awards presented for Legal Reporting to The Canadian Press and filmmaker John Kastner’s
• Margaret Ostrowski, QC, wins Touchstone Award
• David Matas wins Tarnopolsky Award
• Nicolas M. Rouleau wins Viscount Bennett Fellowship
• Former Ontario Hon. Chief Justice Roy McMurtry wins President’s Award
• Lorne Waldman receives CBA Louis St-Laurent Award
• Ari N. Kaplan and John Swan win Walter Owen Book Prize
Full details on winners and awards: uuu http://www.cba.org/CBA/calgary2007/main/awards.aspx
bernard Amyot
President 2007-2008 Canadian bar Association
Conflicts Task Force Begins Consultation
Phase
The CBA’s Task Force on Conflicts of Interest begins a busy round of consultations this fall, both within and beyond the CBA. Branches, Sections, Conferences, and Committees will all be canvassed for their views.
Created last June, the task force includes lawyers from all areas of practice and firm sizes, as well as an ethicist who is a liaison from the Federation of Law Societies of Canada, a law society insurer and a conflicts expert. It will offer a progress report in February 2008 and anticipates a final report in August 2008.
A motion passed by CBA at the Calgary 2007 Canadian Legal Conference last month aims to improve access to justice by middle and low-income Canadians. The CBA is calling on all levels of government to zero rate the GST/HST on legal services and pay fair compensation to legal aid lawyers. Moved by Robin Bajer of Miller Thomson LLP in Vancouver, the resolution says governments should stop using the justice system as a source of government funding and instead invest time, money and energy in the justice system to bring access to justice to the people of Canada.
2007 Resolutions (requires CBA member number) uuu http://www.cba.org/CBA/resolutions/2007res/Default.aspx
CBA Calls for Debt Relief for Law School Graduates
In response to an alarming trend toward dramatically increased tuition costs for law school, the Young LawyersCBA and Branch presidents are asking governments to defer interest and loan repayment until the end of articling and Bar admission programs. Noting that loan programs vary from province to province, have not kept pace with increases in tuition that are a reality for most law students, YL-CBA past chair Annette Horst says the situation is further exacerbated when students graduate from law school and are required to repay loans and interest immediately, although they are not yet earning professional income.
The letters follow a CBA resolution passed in 2006. Preliminary responses to the campaign have been positive.
CBA PracticeLink: Top Five Trial Blunders and How to Avoid Them
litigation is challenging. High-profile litigation is doubly challenging. This month on CbA Practicelink, trial and technology consultant Ted brooks draws on his experience in several high-profile trials to share the top five problems that can arise and how you can prevent them in your cases. Plus, read the second in the series of excerpts from Ed Poll’s more Secrets of the business of law – openingYour own office: What Will It Cost?
Also new on CbA Practicelink:
• Drop Your Hook Where the Fish Are: market at Trade Shows
• law Firm Fitness benefits for a HealthConscious Generation
• reducing law Firm overhead Costs
• Quick tips on marketing, financial management, client services and more.
All this and much more uuu http://www.cba.org/practicelink
Canadian Bar Review Online: Issue 1, Volume 86 (2007)
The following are among the articles and book reviews now available online in the current issue:
• Return of the Undead: Fundamental breach Disinterred by richard F. Devlin
• Family Law as Fundamental Private law by robert leckey
• Inside and Outside Canadian Administrative law: essays in Honour of David mullan reviewed by Gerald P. Heckman
Visit Canadian Bar Review online uuu http://www.cba.org/cbr
Section Update
Keep your practice current
The following are brief summaries of several recent Section meetings held throughout the province. More detailed information, minutes, and Section Papers from the Section meetings are accessible online at www.cba.org/bc for enrolled CBA members.
EMPLOYMENT LAW
MEETING: June 27, 2007
SPEAKERS: nazeer T. mitha, Harris and Company; Simon Kent, Kent employment law
TOPIC: Employment Law – The Year In Review Nazeer T. Mitha reviewed various cases of significance this past year, emphasizing several decisions where employers were successful in establishing just cause. He provided a paper on New Developments in Just Cause and Constructive Dismissal to members at this well-attended meeting. Simon Kent discussed several recent Employment Standards Act cases, two of which were Colak and Holland, and both of which have significant implications for the employment Bar. He also noted that the Director of Employment Standards will not enforce judgments and will not allow the parties to enforce the judgments themselves on the basis that the judgment belongs to the Director.
CRIMINAL JUSTICE – VANCOUVER
MEETING: may 16, 2007
SPEAKERS: Jeffrey G. Johnston, Counsel, International Assistance Group, Department of Justice Canada; Greg Delbigio, Defence Counsel
TOPIC: Extradition – Latest Developments
Mr. Johnston provided members with a handout entitled Latest Developments in Extradition Law. The Extradition Act implements Canada’s treaty obligations. The extradition process begins when a foreign jurisdiction requests the release of an individual, currently in Canada, because that individual could be charged or sentenced in the foreign jurisdiction. In Canada,
there are hundreds of outstanding extradition cases. With hearings and appeals, each case takes on average up to five years to process. Mr. Delbigio, who practises criminal law, said that extradition law has shifted of late. Where the requesting state provides a disclosure package, the requesting state now certifies the evidence is “available for trial.” Defence counsel doesn’t get all that is in the hands of the requesting state as disclosure, but only that which is relevant to committal, and this is narrow. The following considerations decide if there is a sufficient case: Is the evidence otherwise admissible under Canadian law?; Is the record of the case certified as required by the Act?; Have the documents been provided?; and, Is the evidence from the person sought reliable and relevant to whether there is a prima facie case?
We’ve Listened!
Your comments on teleconferencing of Section meetings were taken seriously, and phones have been upgraded to improve sound quality. Try attending an upcoming Section meeting outside your area by teleconference. Check the Section Calendar online.
Catherine Best demonstrated some of the features of the recently-revised CanLII website, providing suggestions for getting the most out of this free service. A regular presenter to the Section, Ms. Best listed some of the new developments at CanLII such as: board and tribunal decisions have been separated from court decisions; the advanced search page allows limitation by jurisdiction, by level of court, and by tribunal type; partial citations can be searched; and, provincial legislation appears in a single document. Teresa Gleave presented a short
review of the new Quicklaw and discussed some of its features and changes, a few of which were: legislation can be browsed in a Folio type format; search histories and recently-viewed documents are stored for up to 48 hours; and new invoicing options which can charge back at rates or a percentage, and can sort, or delete charges for specific transactions.
COMMERCIAL & REAL ESTATE –
VANCOUVER ISLAND
MEETING: June 7, 2007
SPEAKER: Angus Izard, CA, CGA, CFP, Partner of Cameron Hoggard Izard Snell, Professional Accountants
TOPIC: Tax Implications with Different ownership
Structures for owning High value Second Properties
This Section meeting appealed to a broad group of solicitors. Mr. Izard’s PowerPoint presentation focused on the tax implications of different ownership structures for owning high-value second properties. He specifically included Canadians owning foreign properties, family cottages, and recreational properties, as well as foreigners purchasing Canadian properties. Mr. Izard’s discussion included the legal and tax perspectives of rapidly increasing second property values as a result of the scarcity of vacation properties and retiring baby boomers.
MARITIME LAW
MEETING: may 24, 2007
SPEAKERS: brad Caldwell, Caldwell and Co; David K Jones, bernard and Partners
TOPIC: update on the status of the proposed new Fisheries Act; regulations for the Prevention of Pollution from Ships and for Dangerous Chemicals
Brad Caldwell provided an update and general overview on the status of Bill C-45, the proposed new Fisheries Act. This Bill amounts to a comprehensive rewriting of the entire 138-year-old Fisheries Act. He distributed the unanimously approved Report of the Fisheries Sub-Committee, which is to be delivered to the CBA National Maritime Law Section and to the Minister of Fisheries and Oceans by the Section Chair, Tom Hawkins. Mr. Caldwell then commented on the interesting issues raised in this Report. David Jones discussed specific points of interest regarding the Pollution Prevention Regulations, in force May 16, 2007. These included the prohibited discharges and authorized discharges of sewage and different pollutants, such as oil, noxious liquid substances and dangerous chemicals, and the definition of the waters to which the Regulations apply. Discussion ensued regarding the strict sewage discharge regulation and its effect on pleasure craft operation. BT
Section Chairs
SPOTLIGHT
Cori McGuire
The Family Law – Okanagan Section members are kept current and up-to-date due to the work and dedication of Co-Chairs Cori mcGuire and valerie bonga. Throughout each year, six or seven Family Law – Okanagan Section meetings are held in Kelowna including joint meetings with the ADR – Okanagan Section. ms. mcGuire attended two national Family law Section meetings this year representing and reporting activities of all b.C. Family law Sections. ms. mcGuire will continue her role as the b.C. representative for another year. ms. mcGuire is actively involved in the CbA Family relations Act review Committee and with the Legal Services Society’s Duty Counsel program.
Having Your Say
Crafting your own presentation…
In the day In the night Say it all Say it right
Words and music by nelly Furtado, Timothy “Timbaland”Mosleyand Nate“Danja”Hills,recorded by n. Furtado
Agood way to market your practice is to do a live presentation before an interested group of people that you can then nurture and develop into clients. However, the number of venues for live presentations are not all that numerous and the audience may want to hear about a topic that doesn’t quite fit in with your business strategy and plan. Since the presentation takes place “live,” it will be limited to those who can attend in the same place and time. What is an enterprising lawyer to do? The answer is: Create his or her own custom presentation that can be hosted on the Web and made available 24/7 for download by any interested potential client for viewing on the client’s own time and schedule. Furthermore, the client already knows your website (having downloaded the presentation) that contains credentialing and contact info on how to reach you, whether in person, by telephone, e-mail or fax.
David J. bilinsky is the Practice management Advisor for the lSbC. e-mail: daveb@lsbc.org blog: www.thoughtfullaw.com
the audio files for later listening. Think of them as online CLE’s that you launch for your potential clients that are both informative and can help market your experience and background in your chosen area of practice. Furthermore, podcasts have a “long tail” since the time and effort in developing one is fixed, yet it can be downloaded and viewed by hundreds if not thousands of potential clients.
And of course, Google and others who follow legal blogs spider and list your site and your podcast, thereby helping to spread the news…
What’s in it for viewers or listeners? Convenience is a big factor. Downloading a podcast means being able to listen to the presentation anywhere, anytime. If audio, it can be listened to on an iPod or other player hooked up to a car’s stereo or through headphones on the drive to work. If video, the viewer will require a computer or a video iPod or similar device. But once on the device, the listener can see it on their schedule. Another factor is random access; the presentation can be played, paused, fast-forwarded or rewound at any time.
How do you do this? The lawyer podcast. Podcasts are on-demand presentations (which can be audio or both audio and visual) in the form of MP3, iTunes, Windows Media or other files that can be downloaded from the Internet and then loaded onto appropriate computers or players for listening or viewing 24/7. The term “podcast” is originally derived from Apple Computer Inc.’s iPod portable musical player, upon which people download
If you develop this type of content regularly, you can incorporate an RSS (Really Simple Syndication) feed into your website, so that interested persons will receive updates of new podcasts on your site automatically. This means that people subscribe to and receive updates on your content! Virtually every browser, such as Firefox or Internet Explorer has add-ons that incorporate an RSS feed that allows subscriptions. So does Google Mail and other customizable sites. Or you can download an RSS client to subscribe to and monitor your RSS feeds.
On your side, you will need a podcast client as well as the hardware and software to create, edit and produce your podcast. You will also have to
decide whether to do an audio podcast or an audiovisual one. The former is easier and requires less production work; the latter can be very effective as it delivers a “head-shot” as well as other visual elements (such as PowerPoint slides, graphics, sounds and video) that can enhance your podcast. The choice of format may also influence your product, as iTunes and QuickTime offer enhancements over an MP3 file, for example.
Is there anything that you should read before launching into a podcast? Certainly, one of the best resources is a distinctly Canadian legal guide to setting up your podcast found at: http://www.creative commons.ca/blog/wp-content/uploads/2007/06/ podcastinglegalguideforcanada.html. This is a “must read” as it delves into copyright as well as other legal issues in and around podcasting.
Are other lawyers doing this? While this is still a new phenomenon, some rather big names in the Canadian legal community are jumping on this Internet bandwagon. For example, Osler’s podcasts can be found at: http://www.osler.com/resources_landing.aspx? id=10366 and Gowlings can be found at: http://www. smithlyons.ca/ohslaw/index_PodCasts.asp.
Lest you think that podcasting is only for the larger firms, smaller firms are also podcasting. http://estatelaw.hullandhull.com/2007/01/articles/ audio-podcasts/podcasts-hull-on-estates/hull-onestates-podcast-41-the-waters-law-of-trusts-in-canada/ is a smaller Canadian estate and trust firm that has launched podcasts.
The SLAW (a cooperative Canadian weblog on legal: research, information, technology, miscellany, etc.) community of legal bloggers – a very respectable group in the Canadian legal community – have posted the podcasts that they would recommend at: http://www.slaw.ca/2007/08/28/ any-podcast-listeners-out-there.
The CBA has incorporated podcasts onto their CBA PracticeLink pages. Find their podcasts at: http://www.cba.org/cba/PracticeLink/podcasts/.
The Legal Services Society of B.C. has podcasts on family law issues. These can be found at: http:// www.familylaw.lss.bc.ca/resources/podcasts.asp. http://www.llrx.com/features/techpodcasts.htm features a very good online article on law and technology podcasting and discusses many American podcasts on the web.
And of course, if you wish to find out more about podcasting or any of the latest innovations in legal technology, you can attend the Pacific Legal Technology Conference on Wednesday, October 10, 2007 at the Westin Bayshore Hotel and Resort in Vancouver. This will be a full-day of concurrent sessions divided into tracks such as: Solo and Small Firm Track (with such sessions as “Law Office Technology for 2008: The Best of the Best on a Budget”), the Tips and Marketing Track (where you can catch a session entitled “Podcasts, Websites and Google”) and the Applications Track (featuring sessions on Adobe Acrobat as well as Dragon’s Naturally Speaking). Tracks such as the Implementation Track and the Administrators and Managing Partner Track delve into the issues of how to successfully integrate technological changes into your firm. Lastly, the e-Discovery and Litigation Track deals with all the changes that have occurred in litigation courtesy of technology, including Electronic Evidence Best Practices as well as Bringing Technology to Court. You can check out the full program, distinguished speakers and registration information at: www.pacificlegaltech.com.
Once you have crafted your podcast, then the web will allow you, in the day and in the night, to say it all and say it right.... 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.
Top rated AbA Tech show speakers join forces with b.C. legal technology leaders to bring you a world class technology program focused on leadership, Technology and You.
More info uuu http://www.pacificlegaltech.com/
Law Firm Names in the Age of Google
For more buzz, name your firm after a celebrity. For more Google hits, change yours!
One of the perks that goes along with being a franchise and trademark lawyer is that I seem to act for more restaurateurs than anyone else in the province. I draft (or review) their franchise agreements. I vet and register their trademarks. And despite my advice for them to see branding experts about their business names, they seem to rely on me for this, perhaps because I speak English good. Thus I have named at least five restaurants in Vancouver during my long and uninsured career as a wanna-be branding guru. Many of you will have eaten in “my” restaurants, but as there is no wall plaque celebrating my achievements, my life’s part-time work goes largely unnoticed.
vancouver Franchise lawyer practises Franchise law with boughton. He is the lawyer previously known as Tony Wilson, and has yet to tell his wife and children about their new last name.
Of late, I have been helping lawyers re-brand. This involves words, names, image, spin, BS, and all those ephemeral things branding guys get paid for, but lawyers don’t. Often, I suggest strategic mergers to give law firms a more recognizable name. For example, if Vancouver lawyers Bruce Preston and Gavin Manning combined their real estate and patent practices together under one roof (an unlikely merger, I’ll admit), they could call themselves Preston Manning and get free publicity every time the founder of the Reform Party got on television. Better yet, if Vancouver lawyer Mark Hilton merged his practice with Ontario lawyer Neil Paris, not only could they create another National Firm in Canada (Lord, do we really need another one?) but they could call it Paris Hilton and get instant publicity every time the nonebrity hotel heiress got in the newspaper, appeared on a grainy Internet sex video, or got thrown in jail. The Paris Hilton firm could appeal to a hipper, more celebrity driven clientele
than the Preston Manning firm. It could also offer a line of clothing on the side through the firm’s website. In the same vein, Vancouver lawyer Jim Spears could merge with Alberta lawyer Paul Brittany to form Brittany Spears and live off misdirected Google hits. Every time the real Brittany Spears got in the paper for shaving her head or doing something bizarre (every day, I suppose), they’d get called for interviews on Entertainment Tonight! Alternatively, you could simply recruit new lawyers based solely on last name combinations. Just make a offer to Max Pink and Harry Floyd, tell them they’ll be named partners in a new firm called Pink Floyd
But why hire a Pink and a Floyd when you don’t have to? To get more media buzz and to elevate your ranking in Google, don’t change the firm name. Change yours! If celebrities like Bif Naked, Prince, Sting and Faith Popcorn can sacrifice their previously dull and boring names on the altar of business promotion and buzz, why can’t you?
I for one am changing my name from Tony Wilson to Vancouver Franchise Lawyer. Not only will people in the office have to call me Mr. Lawyer (“Oh… do call me by my middle name, ‘Franchise’”), but by changing my name like this, I’ll slant Google’s search algorithms, get more “hits” from clients looking for a lawyer in my practice area and get the firm prize for “wackiest marketing idea of the year.”
I may not be the first though. Apparently, some of my colleagues are planning to change their names from something droll and forgettable to “Really Excellent Lawyer,” “Tough Family Lawyer” and “Winning Criminal Lawyer.”
I can hardly wait for the family reunions. BT
Are Web-based Applications Right
For You?
Web-based applications or webapps are applications that are accessed through web browsers over the Internet or an intranet. They are increasing in popularity as they are updated and maintained without distributing and installing software on computers. Webapps are used to implement calendars, e-mail, information managers, online retail sales, online auctions, spreadsheets, weblogs, webtops, word processors, and many other functions. Webapps allow you to access data from anywhere 24/7, and reduce overhead costs for system maintenance. Parts of a web application can be hosted in different locations on multiple machines to prevent server overload. Application security can be centrally managed. Depending on the type of application, users pay a monthly or yearly fee for use of a software application without having to install it on a local hard drive. A company that provides this type of service is known as an application service provider.
GOOGLE
DOCS & SPREADSHEETS
Patricia Jordan is the CbAbC Web manager. She welcomes your comments, questions and suggestions.
Tel: 604-646-7861
e-mail: pjordan@bccba.org
document or spreadsheet. Anyone who has been invited to edit or view a file can access it upon signing in. Files can be viewed and edited by multiple people in real time and can be organized by dragging and dropping a document into a folder or folders. Files can be posted to your blog or published online as a web page that can be viewed by a few people or the world. Google adheres to the US Safe Harbor privacy principles. For more information visit www.export.gov/safeharbor.
HAS YOUR BROWSER BEEN HIJACKED?
Google Docs & Spreadsheets (docs.google.com) is a popular resource for free webapps. With Google webapps, you can create basic spreadsheets and documents with bulleted lists, columns, comments, formulas, fonts, tables, and more. Google accepts most file formats, including DOC, XLS, ODT, ODS, RTF, CSV, and HTML. Files can be saved to your computer in a variety of formats and are automatically saved to Google’s servers to prevent data loss.
Google allows you to share files by providing a list of e-mail addresses for people with whom you wish to share a file. You send an invitation via e-mail to access your
If your computer’s Internet browser suddenly changes as to how and what is displayed when you surf the web, then you could be a victim of a “browser hijacking.” Hackers use this common form of online attack to take advantage of improperly secured systems to install malicious software that can monitor your Internet use, build a profile of your habits, and impede your computer’s performance. Other common indicators of a hijacking include the inability to navigate to specific websites for security and anti-spyware software, multiple pop-ups, redirection to a variety of unsavory sites, and new shortcuts that appear on your favourites menu.
These attacks differ from spyware attacks in that victims usually have not downloaded a program, but have inadvertently allowed the addition of a web toolbar or a change in home-page settings. Some steps that can be taken to protect a computer from these attacks are:
• installing a firewall and antivirus/spyware software
• using automatic software updates
• installing the latest version of your browser
• using the “Trusted” sites zone. BT
every effort is made to ensure the accuracy of the information provided to you in this article but the information should not be relied upon. lawyers should refer to the specific legislative or regulatory provision. You will see a reference in some cases to the number of the bill when it was introduced in the House. This number may be different from the chapter number of the new Act which is quoted after the title of the Act and which is the proper citation for the Act. The bill number has been given to make it easier for you to note up the bills you may have in your library.
CURRENT FROM JULY 4 - AUGUST 28, 2007
legislative update is provided as part of the CbAbC legislative and law reform program. It is a service funded by CbA membership fees, and is therefore provided as a benefit of CbA membership. The full version of legislative update is now only published online, available to CbA members exclusively at www.cba.org/bc.
Jim vilvang, QC Civil Justice reform Working Group member representing CbAbC
Proposed New Rules of Civil Procedure
The Proposed new rules for Civil Procedure of the british Columbia Supreme Court have now been released by the Civil rules Drafting Group of the british Columbia Justice Review Task Force (“JRTF”). The Task Force was formed in 2002 with the goal of making the justice system more responsive, accessible, and cost effective. In 2004, the JrTF established the Civil Justice reform Working Group (“CJRWG”). Jim Vilvang, QC was the CBABC’s representative on the CJrWG. In 2006, JrTF released a report, effective and Affordable Civil Justice, containing recommendations including changes to the Supreme Court rules to better ensure that cases could be dealt with justly, and pursuant to the principles of proportionality.
After receiving input from many groups, including the Civil Justice report Special Committee, the Civil rules Drafting Group went to work. The results of their efforts, the Proposed new rules of Civil Procedure, are posted on the JrTF website: www. bcjusticereviewforum.ca/civilrules. The JrTF invites comments from everyone. The CbAbC is currently reviewing the draft and plans to make submissions.
The deadline for comment is October 1, 00
It is intended that the new rules will be implemented by early 2010. If implemented, these rules will have a profound effect on the conduct of civil litigation in b.C. for many years in the future. This is your opportunity to be heard. BT
ACTS IN FORCE
FORESTS AND RANGE STATUTES AMENDMENT ACT, 2007, S.B.C. 2007, C. 18 (BILL 18)
Section 22 is in force July 19, 2007. Sections 73 and 80 are in force July 26, 2007
PARKS AND PROTECTED AREAS STATUTES AMENDMENT ACT, 2007, S.B.C. 2007, C. 27 (BILL 24)
Section 4(b) is in force July 19, 2007
Let Us Know What You Think
barTalk is published six times per year, and sent to the entire legal profession in b.C. With so much information available in print and online, we want to be sure that we continue to keep barTalk relevant. Is there a topic you think we should cover? Do you want to submit an idea or article? Let us know! e-mail: bartalk@bccba.org
Top Eight Things You Need to Know About “Online CLE Courses”
Online education has been prevalent in the academic communities for decades; however, online courses seem to be just coming into their own in continuing legal education across North America. Of course, there is much more to online legal research than online courses, but that would be a topic for another column. Today, we offer up eight things you need to know about “online courses.”
Online continuing education contains many forms, including but not limited to:
Kenneth
Armstrong is a new Westminster lawyer, with Cassady & Company, and member of Provincial Council.
1. The Continuing Legal Education Society (“CLES”) provides real-time online access to its courses. Unfortunately, as yet this does not include real-time video streaming. Rather, these conferences are described as “real time events that take place using a telephone conference call and your computer.” You listen to the lectures over your phone, while watching the power point presentation on your computer. The papers are also available online.
2 CLES will shortly introduce “Online OnDemand”: pre-recorded CLE courses you can access 24/7/365. These online repeats will feature the lectures and synchronized PowerPoint presentations, with course material available as well. Some courses may have a video component. Unfortunately, the roll-out has been delayed from summer, 2007 to January, 2008 (tentatively).
3. The Law Society has two online courses on their website, Small Firm Practice and Building Your Practice. These are much less demonstrative courses, consisting of “concise modules” of online written material, with optional additional
resources referenced. The Small Firm Practice course, which is mandatory for some lawyers, includes testing components. Now that you know what’s available, here are a few hints:
4. When participating in CLES online conferences, you need to use a different phone line for your phone than for your computer. On a related note, if you are still using your phone line for your Internet connection, we strongly recommend either ADSL or cable Internet. Connectivity is the key!
5 The CLES website does not say you must pay separately for each person attending at a given site. Canadian Defence Lawyers teleconferences permit unlimited attendance per enrolment fee at a given site. Please ensure you respect all contractual and intellectual property obligations you may have with the CLE providers.
6 CLES “Online OnDemand” will allow you to choose when, and even where, you take the course. Once you purchase the course, you will have a specified period of time to view the course – they allowed three months during testing. You can watch an hour at a time or a presentation at a time; and, you can pause the course when you need to refresh yourself or your coffee.
7. CLES “Online OnDemand” will also allow you to pick and choose which presentations you want to see and which you would prefer to skip. Have you ever been to a CLE where there was that one presentation you just wish you didn’t have to sit through?
8 Online Courses are available to Windows users and Mac users. The CLES website does not say whether Linux users can access their courses. BT
Seven Lawyers Appointed Judicial Justices of the Peace
In July 2007, lawyers Brad Beer, Edward Bowes, Anna-Maya Brown, Brian Burgess, Hunter Gordon, Tim Holmes and Debra Padron were appointed as judicial officers of the B.C. Provincial Court. These lawyers are the first of a new model of Judicial Justices of the Peace (“JJP”) who began sitting this summer in the Provincial Court. They were appointed by Order in Council as Justices of the Peace under the Provincial Court Act and designated as Judicial Justices of the Peace.
In July 2007, seven lawyers (pictured left to right), edward e bowes, Hunter W. Gordon, Tim Holmes, Debra Anne Padron, bradley D. beer, Anna-maya S. brown and brian r burgess, were appointed as judicial officers of the b.C. Provincial Court.
JJPs are officers of the Provincial Court. Their current duties, assigned by the Chief Judge, are to hear applications by telephone and video for search warrants and judicial interim release (bail) from every part of the province. Much of this work is performed at a Justice Centre located near Metrotown in Burnaby. These hearings are conducted in eighthour shifts, 24 hours a day, seven days a week. Some of the JJPs perform these hearings from offices in their homes. JJPs also hear ticket violation offences, mostly offences under the Motor Vehicle Act and other provincial statutes, and under municipal bylaws, and conduct small claims payment hearings in provincial courthouses around the province.
The creation of this new model of JJP followed a project by the Provincial Court to review the tasks assigned to JJPs and to review the effective discharge of the workload of Provincial Court judges. As a result of these reviews, the Judicial Council changed the minimum standards for candidates recommended for appointment as a JJP to include a law degree with a minimum of five years as an active practising member of the Law Society of B.C.
Until now, JJPs have been primarily former court services workers employed full-time as JJPs. These seven lawyers are the first appointments under the new requirements. They work part-time as JJPs and are authorized to continue to practise law in areas which do not conflict with their duties as JJPs. They are paid a per diem rate. The 2007 Judicial Justices of the Peace Compensation Commission has just completed its triennial review and has made recommendations to the provincial government for JJP remuneration for the three year period beginning April 2008.
These new appointments are the vanguard of a new collaborative initiative being developed by the Ministry of Attorney General and the Provincial Court to remove unscheduled bail hearings from the courtroom and move them to a centralized and video-supported process to serve the whole province. The process will likely begin with a pilot project in the near future. In time, as the experience with the new JJPs grows and with the new model of part-time legally trained JJPs, other functions now carried out only by Provincial Court judges may be assigned by the Chief Judge to JJPs.
The Office of the Chief Judge is actively recruiting additional candidates and anticipates that in total as many as 25 will be appointed. Lawyers who are interested can contact the Office of the Chief Judge at 604-660-2864 or access the Provincial Court website at http://www.provincialcourt.bc.ca/ for a link to further information. BT
A Day in the Life of an Overseas Lawyer
The daily work routine of overseas lawyers in terms of general work scope and practice is not as distant to that of their colleagues in North America as their geographic distance is to the homes they have left behind. It is that geographic distance and the corresponding foreign environment and circumstances in which overseas lawyers must learn to operate that, more than anything else, distinguishes practice overseas on both the professional and personal level.
Chris lee began his legal career in vancouver and it has led him on three transPacific moves, most recently back to Asia to join Fidelity International as its Head of legal Services in Taiwan.
One basic circumstance is that you are a guest in a foreign country on a more or less permanent basis. This is of no small significance to both your work and personal life and, importantly, to that of any family members who may be accompanying you (the happiness of your family being, of course, inextricably linked to your own physical and mental well-being!). There are professional qualification and licensing considerations – to what extent and what type of law can you practise in the particular jurisdiction? There are cultural and language differences that can leave you feeling very much an outsider. There are lifestyle considerations – can you find those products and foods that you’ve come to know and love or are you going to be bringing an empty suitcase with you every time you go home for a visit? The environment and weather can be key factors (“It was typhoon time in Taipei…”).
Your clientele or company operate internationally, and so must you. Your clock is the world clock – world time zones are second nature to you and so are early morning and late night conference
calls to accommodate them. You know the exchange rates of the major regional currencies to the U.S. dollar. The transactions you work on and the people involved are multinational, multicultural and multilingual. In Asia, while English is still the international business language, Chinese is commonly spoken in business circles in a number of markets. There is undeniable value to possessing second language skills, not only for facilitating direct communications but equally importantly for the cultural awareness and knowledge that is inherently gained from learning the language of that culture.
Working overseas, particularly in Asia, one is faced with differing legal systems at differing stages of development that are constantly changing (or need to) to keep up with the growth, development and change in the markets they regulate. Playing a part in that development through lobbying can be a prominent facet of overseas practice involving leveraging knowledge and experience in legal and regulatory systems in other jurisdictions.
Interpreting the law and the legal and regulatory environments for clients could be considered a basic part of any lawyer’s job. For an overseas lawyer, this involves interpreting different legal systems for both clients and regulators, interpreting different cultures and practices, and interpreting different languages, all in a very dynamic and diverse environment.
A day in the life of an overseas lawyer is always interesting and challenging, inevitably frustrating and demanding, but ultimately extremely rewarding. BT
What’s At Risk When Your Lawyers Aren’t Happy?
They leave! What does that cost you? What can be done to keep more lawyers happy and thereby lessen attrition? While this article alone cannot possibly provide all the answers, it does offer some suggestions derived from working one-to-one with lawyers from first year call right through to 30 year veterans, and from a cross section of practice areas.
Where do you start? I believe it starts at the recruitment stage. Set real expectations for your prospects starting in the interview and paint a clear picture of what the culture is. That way you are more likely to attract the type of candidates who will stay and serve your long term needs. Adopt a “no surprise” policy.
Gary mitchell is the managing director of Gem Communications Inc., a preferred supplier to the b.C. branch of the Canadian bar Association. He serves on the board of directors for the legal marketing Association, vancouver Chapter as the Chair of the marketing and media Committee.
Gary can be reached at www.gemcommunications.ca
From day one, support the growth and learning of your team and don’t let them fend for themselves. For instance, if you are asking your lawyers to develop business of their own, then give them the adequate training to succeed. The cost of providing this form of support is not only grossly overshadowed by the business they bring in, it doesn’t even begin to compare to the hundreds of thousands of dollars a firm loses when they lose a qualified lawyer.
Help your lawyers create or align with a practice that interests them. As you are developing your associates, make sure they are in a practice area that they are suited for and enjoy, and if not, help them get there. I had one client who was ready to pack it in after five years. He decided to give up his litigation practice and start over as a solicitor. He is
now working in an area he loves and serving clients he likes. He is happy, bringing in tons of new work and has turned his career around. His firm fully supported him through this transition and is now reaping the rewards.
Identify natural leaders and groom them to take on more mentorship and associate development
Rewarding your “star” performers with leadership responsibilities doesn’t necessarily translate to effective leadership. Provide them with leadership training, or identify only naturally talented leaders. Your associates will be a lot more motivated and happy to work with real leaders and stay.
Create more flexibility in your work environment. The needs of lawyers are changing. You don’t have to recreate the wheel here.
Just as the corporate world has had to move to create flexible working conditions, like it or not, so too must the legal industry – and fast!
Reward good behaviour. If you are going to expect different or changing actions, then those actions must be met with reward. Compensation is an issue that is talked about a lot, but how much is changing? Good behaviour must be rewarded in order to sustain and support it.
Where and how do you start? How do you make changes in order to support the needs of your lawyers and keep them happy? Start with the willing. Strategically, select a handful of lawyers and help them to develop new habits and skills. When the results appear, and they will, senior management is more likely to listen. BT
CBA AT THE FOREFRONT OF ONLINE CLE
It’s a brand new world of continuing legal education and it appeals to lawyers for all the right reasons: it’s convenient, less expensive, and far less time-consuming than the traditional in-person programs. Welcome to online CLE, which is rapidly emerging as the future of lawyer education – and the CBA is at the forefront.
The CBA’s online offerings this year have been wildly successful. A seminar on The SCC on Privilege presented by Mahmud Jamal drew 343 delegates from across North America; a repeat presentation, offered by popular demand, attracted another 244. More than 1,300 registrants in total attended online sessions offered in 2006-2007.
Online CLE, “can be suitable for any area of law,” says Marisol Miro, chair of CBA’s national Continuing Legal Education Committee and in-house counsel with the Ordre des dentistes du Québec. “It’s interactive in the sense that you can ask questions and go to web links given [by the speaker].”
A number of programs offered last year were of particular interest to law students – Surviving Your Junioring Years, Drafting Better Pleadings and Business Law Boot Camp. Although students currently represent roughly five per cent of participants, there’s no doubt online CLE appeals to young lawyers, with 55 per cent of participants called to the Bar within the last 10 years.
The benefits are huge in terms of time savings. Online CLE delegates don’t have to sacrifice billable time or fight through traffic to attend an in-person event. And lawyers outside urban centers can access top-quality presentations without giving up whole days to drive, train or fly to the nearest city. Participants simply log in from their desktops, using their phone line to access the audio portion of the program and following along with a PowerPoint presentation on screen.
Here’s what one enthusiastic participant had to say: “At the moment I am a stay at home mom and I haven’t yet articled, although I’ve completed my degree. This conference (Drafting Better Pleadings) was fabulous since I could stay somewhat in touch with the legal world AND be at home with my son. I hope there will be more like it soon!”
For more information about the CBA’s online CLE offerings, please visit http://www.cba.org/cba/cle.
National CLE Online Fall 2007
TOPIC: update on Conflicts
DATE: november 27, 2007 11:00-12:30 eT
SPEAKER: Terry O’Sullivan and Paul Michell (both from Lax O’Sullivan Scott LLP in Toronto)
TOPIC: IP Primer
DATE: December (Date and Speakers TbC)
For information, please contact Aviva rotenberg at the CbA national office (613) 237-2925 or 1-800-267-8860, ext. 188, or by e-mail at avivar@cba.org
CBA National Fall 2007
Continuing Education Lineup
TOPIC: CbA Annual Fall Conference on Competition law
DATE: october 11-12, 2007
LOCATION: Hilton lac leamy, Gatineau, Que.
For information, please contact Carole roussel at the CbA national office, (613) 237-2925 or 1-800-267-8860 ext. 107, or by e-mail at caroler@cba.org
TOPIC: law Firm leadership: Tools for the Successful Canadian law Firm
DATE: october 14-16, 2007
LOCATION: Delta Centre-ville, montreal
For information, please contact Kim macDonald at the CbA national office, (613) 237-2925 or 1 800-267-8860
ext. 161, or by e-mail at kimm@cba.org
TOPIC: military law Conference
DATE: october 24, 2007
LOCATION: ottawa
For information, please contact Tracy Antochi at the CbA national office, by phone at (613) 237-2925 or 1-800-267-8860 ext. 186, or by e-mail at tracya@cba.org.
TOPIC: CbA national Administrative law and labour and employment law Conference
DATE: november 16-17, 2007
LOCATION: Hilton lac leamy, Gatineau, Que.
For information, please contact Kim macDonald at the CbA national office, (613) 237-2925 or 1 800-267-8860
ext. 161, or by e-mail at kimm@cba.org. BT
Site du Jour CLE Online
Executive Committee 2007/2008
BRANCH PRESIDENT
F. Kenneth Walton
Ken Walton (Saskatchewan bar 1973; b.C. 1975) has held numerous offices in many organizations including: past Chair of the victoria Wills and Trusts Section (CbA); rotary (President, Assistant District Governor; co-founder of a rotary Club); President K-40; Chair, Cedar Hill Park Preservation Committee; Kinsmen President and national Convention Committee Secretary; boards of the victoria bar Association, oak bay lodge Society, Goodwill enterprises and the victoria Ym/YWCA (secretary). Years ago Ken was a non-com and later a junior officer in the Canadian Army reserve. Ken’s practice is chiefly personal injury plus wills and estates.
PAST-PRESIDENT
Frits E. Verhoeven
Frits verhoeven is a partner in the vancouver law firm of edwards, Kenny & bray llP, where he practises civil litigation. born in vlaardingen, the netherlands, in 1956, and raised in b.C., Frits obtained degrees in commerce and 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 has served on the branch executive Committee since August 2003.
VICE-PRESIDENT/ELECTED MEMBER VANCOUVER
Miriam Maisonville
miriam maisonville (b.C. bar 1986, Alberta 1991) practises with the ministry of Attorney General, Appeals and Special Prosecutions. miriam practised civil litigation and criminal defence prior to joining the ministry. A member of the CbA national Council, she has chaired numerous CbA committees, the vancouver Criminal Section, and the national Conference of French Speaking Common law members. miriam has authored numerous papers and publications including chapters for the CLE’s Annual review of law and Practice, and Introducing evidence at Trial
SECRETARY-TREASURER/ELECTED MEMBER VANCOUVER
James M. Bond
James is an Associate Counsel at lang michener llP. His practice focuses on mergers and acquisitions, franchising and distribution, privacy and technology. James is ranked as a “Leading Lawyer” by the legal publication LEXPERT, and was named one of the “Best Lawyers in Canada” for 2007. James has been a member of Provincial Council since 2004, and is a former member of the executive of the vancouver bar Association. He was also Chair of the Continuing legal education courses on Franchising (2001) and Privacy (2004 and 2005).
OFFICER/ELECTED MEMBER VANCOUVER
Arlene H. Henry, QC
Arlene H. Henry, QC, solicitor, mediator, arbitrator, instructor and coach was called to the Bar in 1986. Her solicitor’s career has evolved to focus extensively in the aboriginal law area, including recent participation in self-government implementation and treaty negotiations. She has been mediating since 1998 in civil and family law. Arlene was elected to the Provincial Council in 2005 and the executive in 2006. She is the current Chair of the CbA member Dispute resolution Committee. She has been the law Society appointment to the City of vancouver building Permit Appeal board since 1999.
OFFICER/ELECTED MEMBER VANCOUVER
Michael R. Dunn
michael r. Dunn (b.C. bar 1993; on 2005) is an enthusiastic volunteer. From 2002 until 2006, michael r. Dunn was the Chair of membership, member of the national membership Committee of the CbA, member of the CbAbC legislation and law reform Committee, and member of the CbAbC law Week Committee. He is a member of the ontario bar Association, and member of national Council. In 1993, he founded the vancouver law Firm of Dunn & Company where he specializes in complex civil litigation.
EQUALITY & DIVERSITY/ELECTED MEMBER
PRINCE RUPERT
Linda D. Locke, QC
linda D. locke, QC, barrister & solicitor, was called to the b.C. bar in 1989. linda, member of the Sto:lo nation, began working at the upper Skeena and legal Assistance Society (uSClAS) in 1994 as the managing lawyer. Despite losing all its funding in 2002, Linda’s dedication to providing access to justice enabled the USCLAS to carry on as a law Centre. In 2003, linda received the CbAbC Community Service Award for the County of Prince Rupert and in 2007, she was appointed Queen’s Counsel.
OFFICER/ELECTED MEMBER NANAIMO
Stephen G. McPhee
Stephen began his legal career in South Africa and was called there in 1997. His law degree was earned at the university of Stellenbosch, situated in the heart of the South African wine lands, which makes his successful academic performance there even more impressive. He immigrated to Canada in 1997, obtained his Canadian legal accreditation in 2000, and was called to the bar in b.C. in 2002. Stephen is a partner with ramsay lampman rhodes in nanaimo and practises general, commercial and civil litigation, personal injury and family law. He has a special interest in ADr
YOUNG LAWYERS OFFICER
Marika Giles
marika Giles was called to the bar in ontario in 2002 and b.C. in 2003. She has a general civil litigation practice, working part-time with Conkie & Company while also maintaining a freelance practice easing the workloads of other leading litigators. marika joined the executive of the Young lawyers-lower mainland Section in 2004 and became Co-Chair in 2005. In 2006 she was acclaimed as the Young lawyers officer. marika serves as executive liaison to the b.C. law Week and membership Committees, and serves on the national Communications Committee. born and raised in montréal, marika is fluently bilingual, and sits on the board of the AJeFCb
2008 Lawyer Show Looking
for Volunteers
The 2008 Lawyer Show needs volunteers! be on the stage or help out behind the scenes! Volunteers are needed to help out with this great community event. Your time and energy would be greatly appreciated. We need help with marketing and sponsorship – so come and be part of the behind the scenes activities!
Contact Joyce Johner at b.C. Securities Commission jjohner@bcsc.bc.ca.
CBABC 2nd ANNUAL CONFERENCE
San Francisco, California
November 16-17, 2007
Lawyers Seek Dramatic Improvement
Branch and Bar Calendar (see cba.org/bc for details)
A course presented by a professional Vancouver theatre company is proving to be very popular with members of the Vancouver Bar. Touchstone Theatre is offering its performance expertise to the legal community with its workshop Advocacy Skills: The Power of Performance. The September course in Vancouver sold out quickly, so an additional two-day course has been added on November 23 and 24. Advocacy Skills: The Power of Performance is designed to teach lawyers how to implement simple, concrete techniques that will maximize their natural expressiveness and give them the critical persuasive edge. These skills enhance the performance of all lawyers at trial, in mediation, in arbitration, and in legal arguments in general. For more information on the November workshop, visit http://www.touchstonetheatre.com/training.htm or call 604-709-9973 for more details. Touchstone can also arrange in-house courses for individual firms upon request. Attendance at this training qualifies as continuing education for annual Law Society of B.C. reports.
November 2007
New Westminster Bar Association Meeting (Westminster Club)
The Canadian Institute for the Administration of Justice Annual Conference (The Prince George Hotel, Halifax, Nova Scotia)
Pacific Legal Technology Conference (The Westin Bayshore Resort & Marina)
International Bar Association Annual Conference (Singapore)
CBABC and The Law Society of British Columbia Bench & Bar Dinner (Four Seasons Hotel)
CBABC 2nd Annual Conference (San Francisco)
Fraser Valley Bar Association AGM (Melange Restaurant)
This year's Bench and Bar Dinner comes to the Four Seasons 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 recipient of the CBA Georges A. Goyer, QC Memorial Award for Distinguished Service (to be announced this Fall).
&Bench BarDinner
The 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 23rd Annual Dinner for the Bench and Bar
Date:Wednesday, November 14, 2007
Time:Reception – 5:45 p.m. (cash bar)
Dinner – 6:30 p.m. (wine included)
Place:Four Seasons Hotel Park Ballroom 791 West Georgia Street Vancouver, B.C.
The Continuing Legal Education Society of B.C. will present its Leaders in Learning Award, celebrating lawyers, judges and legal support staff who distinguish themselves by making exceptional volunteer contributions to the society.
Signature:
BY FAX: Please fax your ticket order, with credit card information, to 604-669-9601 or toll-free 1-877-669-9601
BY MAIL: Mail your ticket order, with payment, to Paul Niebisch, CBABC, 10th Floor – 845 Cambie Street, Vancouver, B.C. V6B 5T3. Tickets are limited and available only while quantities last, so place your order early.
Please join the Benchers of the Law Society and the members of the CBABC Executive and Provincial Council in paying homage to those who have made outstanding contributions to the cause of justice in British Columbia. Send tickets @ $90.00 each (including GST). Total $ . GST #106843451 RT (For more information or special requirements, contact Paul Niebisch at 604-646-7855 ortoll-free 1-888-687-3404, ext 306.)
For information on the highlighted member Services suppliers and several we have not mentioned, check out the CbAbC website under the “Member Savings” section in “Membership” for information on suppliers, contact numbers and order forms. Alternatively, you can e-mail members@bccba.org and request information or call the CbAbC office for assistance.
Sports
2007/2008 VANCOUVER CANUCKS TICKETS
new look and new year can only mean one thing – hockey season is back!
The vancouver Canucks are poised to make a serious run at lord Stanley’s Cup, and the CBABC is your source for the best ticket prices in town. members can save more than 15 per cent on available regular season tickets.
The CbAbC also has tickets for your chance to see Sidney Crosby in Vancouver, December 8th. Don’t delay – these tickets sell out fast.
Boutique Items
Whether you need a gift for a new associate, guest speaker or special event, the CbAbC offers several boutique items that will fit your budget. For golf shirts and umbrellas, travel mugs (new ones in stock), thermal flasks and many other useful items, check out the CbAbC website.
Entertainment and Special Promotions
STANLEY THEATRE
CbAbC members receive a discount of up to 20 per cent at the Stanley Theatre when they purchase tickets or Season tickets at the corporate rate through the Arts Club Theatre Company. Please refer to the CbAbC website for the ordering information.
ALPINE RESORT SKI/SNOWBOARD PASSES
Having world-renowned winter resorts throughout b.C., the CbAbC offers incredible deals to members at some of the best mountains. Check the website for details on a resort near you.
HARLEM GLOBETROTTERS
The Harlem Globetrotters will be coming to vancouver, november 23, 2007; Prince George, november 20, 2007; and Kelowna, november 22, 2007. Check the CbAbC website for discount ticket information.
Bugatti Cases
The CBABC is continuing to offer Personalized Lawyers’ Cases at substantially discounted prices. These high quality bags can be personalized with your name, initials, or law firm name. bugatti bags also make a perfect gift and a unique way to distinguish your law firm.
ANCOUVER OPERA
Save up to 35 per cent on selected tickets.
VANCOUVER AND VICTORIA SYMPHONIES
CbAbC members save 15-20 per cent on regular priced tickets with both the vancouver Symphony and the victoria Symphony.
Document Finishing Equipment
International binding & laminating Systems Inc. offers members 15-20 per cent discounts on products and services.
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Bar Moves
Have you recently changed firms or opened a new firm? Send submissions (maximum 25 words) to bar moves at cba@bccba.org.
LAMOUR AFONSO and MICHELLE WINGERT have joined Haddock & Company in North Vancouver where they will practise general insurance defence, strata property, co-op housing, and construction law.
Bull, Housser & Tupper LLP is pleased to announce the arrival of associates KIERAN MOORE and SARAH HARBOTTLE. Kieran articled with the firm and will be joining the Commercial Litigation group. Sarah also articled with the firm and lends her expertise to the Business and Health Care groups.
After completing her articles at the downtown Vancouver law firm Remedios & Company, MAY LEE joins the firm as an associate lawyer.
BILL SUNDHU, formerly of the Provincial Court of British Columbia, has returned to private practice and joined Cates Carroll Watt, in Kamloops, and will provide trial and appellate advocacy in criminal justice, general civil litigation and ADR (arbitration and mediation) practice areas.
KATHERINE REILLY joined the Vancouver office of Lang Michener LLP in August 2007 as an associate in the Litigation Group after articling with the firm. Her practice includes general civil litigation, employment and labour law, and corporate and commercial litigation.
SUzANNE BURGESS ROBINS joined the Vancouver office of Lang Michener LLP in August 2007 as an associate in the Venture Capital Group after articling with the firm. Her practice includes mergers and acquisitions.
As of August 31, 2007 the Vancouver law firm of Alexander Holburn Beaudin & Lang LLP is pleased to announce that ROBERT KERR and MEGAN NODWELL have joined the firm as associates.
LARRY S. HUGHES has joined West Fraser Timber Co. Ltd. in Vancouver as Senior Vice-President, effective September 1, 2007. Mr. Hughes has had a distinguished legal career as a member of Lang Michener LLP for the past 28 years and is recognized for his expertise in commercial, corporate finance and forestry law.
MARIKA GILES has joined Conkie & Company in Yaletown, where she will continue to practise in the areas of employment, privacy, insurance, and commercial litigation.
In August 2007, JASON HICKS moved from Davis LLP to join the Legal Department at the Vancouver Airport Authority.
NEIL CHANTLER has joined the firm of McQuarrie Hunter as an associate. Mr. Chantler practises at McQuarrie Hunter’s New Westminster office in the areas of civil litigation, employment law and human rights, commercial disputes, creditor and debtor law, and personal injury litigation.
Called to the bar in May 2007, the following former articling students have joined Davis LLP as associates: MAGGIE CAMPBELL (litigation), CHRIS METCALFE (corporate/commercial/M&A; intellectual property law), and KATE SAUNDERS (health law; privacy law; human rights law).
NIKA ROBINSON joined Lang Michener LLP Vancouver office from the firm’s office in Toronto, in September 2007, as an associate in the areas of insurance and environmental law.
robert Kerr
megan nodwell
larry S. Hughes
left to right: Kensi Gounden, law Society, Jack Huberman, Cle executive Director, ray ruppert, ACleA President, and rob Seto, Cle Program lawyer, after presentation of awards at the recent ACleA conference.
CLEBC Update
ACLEA AWARDS PRESENTED TO CLEBC AND LAW SOCIETY
The Association for Continuing legal education, an association of north American and international Cle organizations, recently presented several prestigious “ACLEA’s Best” awards to CLEBC and the law Society of british Columbia.
The ClebC book Advising british Columbia businesses won the 2007 Award for Professional excellence in the Publications category. Advising british Columbia businesses covers all stages of advising a business, from a first meeting with a client who has a new business, through to the point just before a company goes public. The 2007 Award for Professional excellence in the Technology category went to the law Society for its Small Firm Practice Course. This self-paced course is primarily designed for lawyers transitioning into sole or small firm practice and is delivered over the Internet in manageable learning modules.
Construction law Jeopardy, a ClebC course presented in February 2007, received a 2007 Award for outstanding Achievement in the Programming category. Construction law Jeopardy departed from traditional CLE delivery style in adopting a “Jeopardy” game show format that required speakers to provide focused commentary on legal issues in a minimal amount of time.
NEW MEMBERS
The CBABC Branch welcomes its newest members! The following new members joined in the months of July and August, 2007:
Regular Members
SIMON BIANCARDI
Stikeman Elliott LLP
Vancouver
JOHN KEVIN COTTER
John K Cotter Law Corporation Courtenay
GREGORY HOFF Race & Company
Squamish
JORDAN J. KINGHORN
Taylor Veinotte Sullivan, Barristers
Vancouver
JEANIE L. LANINE Cedar Law
Victoria
HEATHER LYMAN
Crease Harman & Company
Victoria
Articling Students
MICHELLE BISSENDEN
Richmond
JAY HAVELAAR
Harper Grey LLP
Vancouver
CRYSTAL HO
Vancouver
JENNIFER JACKSON
Heenan Blaikie LLP
Vancouver
KRISTINE JOHNS
Borden Ladner Gervais LLP
Vancouver
JO-ANNE KAHAN
Brentwood Bay
ADA LAM
Shapiro Hankinson & Knutson Law Corporation
Vancouver
ANDREW LAU
Burnaby
BRENT REEMS Clay & Company
Victoria
ALLIA TESSIN SHAMJI
Miller Thomson LLP
Vancouver
ROBIN SIDSWORTH
McCarthy Tétrault LLP
Vancouver
JENNIFER STEWART
Ministry of Attorney General
Victoria
MATTHEW SWANSON
Borden Ladner Gervais LLP
Vancouver
MICHAEL WATERS
Borden Ladner Gervais LLP
Vancouver
Law Students
IAN ASHLEY
Coquitlam
SANDY DHILLON
Abbotsford
ROLAND HURST
Vancouver
MARCO LILLIU
Vancouver
EDWARD JOHN NICHOLAS
MEDEIROS
Sidney
CARA SHEPPARD
Vancouver
ARI WORMELI
Victoria
Scholar
HANNAH BREzER
Whistler
The Board of Governors of the Law Foundation of B.C. met on June 16, 2007. Chair Warren Wilson, QC, is pleased to announce that funding totalling $6,193,449 has been approved for the following:
Funding totalling $1,550,349 was approvedforthefollowing10Projects:
$630,000
B.C. COURTHOUSE LIBRARY SOCIETY Supplemental Infrastructure Grant
$300,000
B.C. COURTHOUSE LIBRARY SOCIETY Website
$177,500
ABBOTSFORD COMMUNITY SERVICES SOCIETY Poverty Law Advocacy Initiative
$150,000
NANAIMO CITIzEN ADVOCACY ASSOCIATION
Legal Advocacy Project
$90,000
CANADIAN FOUNDATION FOR LEGAL RESEARCH Legal Research Project
$75,000
LAW COURTS EDUCATION SOCIETY 100th Anniversary of the B.C. Court of Appeal
PRO BONO LAW B.C. Bridging Grant
$18,500
VANCOUVER HOLOCAUST EDUCATION CENTRE/FRIENDS OF THE SIMON WIESENTHAL CENTER AND LAW SOCIETY OF B.C.
Lawyers Without Rights – The Legacy of Nuremberg Project
$18,849
COMMUNITY LEGAL ASSISTANCE SOCIETY Infrastructure Grant
$15,500
QUESNEL TILLICUM SOCIETY Bridging Grant
Funding totalling $4,643,100 was approved for the following 16 continuingprograms:
$2,737,750
B.C. COURTHOUSE LIBRARY Operating Grant
$535,480
B.C. PUBLIC INTEREST ADVOCACY CENTRE Operating Expenses
$279,310
CANADIAN BAR ASSOCIATION, B.C. BRANCH
Dial-A-Law, Lawyer Referral and Law Week
$149,000
TOGETHER AGAINST POVERTY SOCIETY Legal Advocacy Program
$112,500
B.C. COALITION TO END ABUSE OF SENIORS Legal Advocacy Program
$110,000
POVNET SOCIETY PovNet Program
GRADUATE FELLOWSHIPS 00/00
$109,000
ABBOTSFORD COMMUNITY SERVICES SOCIETY AND PROGRESSIVE INTERCULTURAL COMMUNITY SERVICES SOCIETY Legal Advocacy Program
$99,540
YELLOW PAGES
Advertisement of Public Legal Services
$89,210
CRANBROOK WOMEN’S RESOURCE SOCIETY
Traveling Poverty Law Advocate Program
$87,500
KETTLE FRIENDSHIP SOCIETY Mental Health Legal Advocacy Program
$71,450
ACTIVE SUPPORT AGAINST POVERTY Legal Advocacy Program
$64,860
PORT ALBERNI FRIENDSHIP CENTRE Legal Advocacy for Persons with Disabilities and Mental Health Issues
$56,250
MPA-MOTIVATION, POWER AND ACHIEVEMENT SOCIETY Court Services Program
$50,000
CONTACT WOMEN’S GROUP SOCIETY Legal Advocacy Program
SOUTH FRASER WOMEN’S SERVICES SOCIETY Legal Advocacy Program
$41,250
KI-LOW-NA FRIENDSHIP SOCIETY Legal Advocacy Services for Aboriginal People Living Off-Reserve
For full details of the programs and projects that received funding, please visit The Law Foundation of British Columbia’s website at www.lawfoundationbc.org.
VALUE: up to five (5) Awards of $13,750 each (subject to change).
CLOSING DATE: January , 00
FIELD OF STUDY/ ELIGIBILITY: Full time graduate studies in law or a law-related area. Applicants must either be residents of british Columbia; graduates of a british Columbia law school; or members of the british Columbia bar.
WHERE TENABLE: recognized universities in Canada, the u.S. or abroad. noTe: The law Foundation Graduate Fellowship is not available for the graduate programs of the Faculties of law at the university of british Columbia and the university of victoria as the law Foundation makes separate grants to the Graduate Fellowship programs at these universities.
APPLICATION PROCEDURES: each application form must be typed and accompanied by a current resumé summarizing your work and volunteer experience. Applicants should have official transcripts of all previous post-secondary study sent directly to the law Foundation. Three letters of reference should be sent directly to the law Foundation from persons such as former professors, employers or colleagues who can comment on your scholarship, abilities and personal qualities.
For more information, please visit The law Foundation website at www.lawfoundationbc.org or contact The law Foundation at 1340-605 robson St., vancouver, b.C. v6b 5J3 e-mail: lfbc@tlfbc.org or phone: 604-688-2337. Application forms are available online.
CLASSIFIED (per line)
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Next deadline: november 9
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Next mailing: December 7
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Direct BarTalk advertising inquiries to:
Jesse Tarbotton
barTalk Senior editor
Tel: 604-646-7856 or 1-888-687-3404
e-mail: jtarbotton@bccba.org
S ERVICES
INTELLECTUAL PROPERTY: Let us assist you in providing protection for your clients. Douglas B. Thompson Law Corporation –Registered Patent Agent, Registered Trade Mark Agent. Practice restricted to Intellectual
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