Supporting justice reform and capacity building around the world
Recent events in Pakistan have highlighted how crucial a strong and independent judiciary is to a working democracy. Through the CBA, the Canadian Bar has condemned the recent arrests of lawyers in Pakistan and has called for a return to the rule of law. From Bangladesh to China, the members of the Canadian Bar Association are actively contributing to law reform on the international stage and speaking out whenever the independence of the Bar is put at risk. The CBA provides members with multiple and diverse opportunities to contribute to evolving justice systems and to engage with legal issues far beyond Canada’s borders. Since 1990, the CBA has delivered legal and justice reform and capacity building projects in 29 countries across Asia, Africa, Central Europe, and the Caribbean through the International Development Program. By actively engaging with overseas partners, the effects of CBA International Development programs are sustained far beyond their termination. Amongst a multitude of other international activities, the CBA is currently undertaking extensive capacity building programs in both Bangladesh and China. In Bangladesh, in partnership with their Ministry of Law, Justice and Parliamentary Affairs, CBA members are working to increase legal and judicial capacity and enhance access to justice by the poor and disadvantaged. In China the CBA, in partnership with All China Lawyers Association (ACLA), is working to foster the development of an independent Bar in China.
At the Branch level, the International Assistance Section works to promote the rule of law and foster the ideals of justice around the world. In addition to hosting speakers whose careers have an international component, the Section fulfils its mandate by collecting and sending legal resources overseas. Used legal text books that are donated by law students, private companies, and varied members of B.C.’s legal community have assisted a number of Bar Associations in Africa and Asia to set up law libraries. This past year the Section delivered two boxes of legal textbooks to the Cambodian Law Society. There are many ways that members of all ages can get involved in CBA’s international programs. These include:
· Joining the CBA International Development Committee Resource bank (indicating your interest in and availability for, international opportunities);
· Joining the CBA’s International Development Committee;
· Joining the CBABC’s International Assistance Section; and
· Applying for the CBA Young Professionals International Program (YPIP), a great opportunity for young lawyers to help build human rights law abroad.
The closing date for applications the 20082009 CBA YPIP is Monday, April 8, 2008. Please visit www.cba.org/bc and www.cba.org for further information about opportunities for international engagement offered by the CBA. BT
Many lawyers struggle to achieve prosperity at work while maintaining a healthy lifestyle. In this issue we explore strategies for attaining a positive worklife balance, from promoting healthy workplaces to sweating off the inevitable holiday pounds. Four guest contributors join our regular columnists in exploring this topic.
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LAW
FIRM
NAMES
IN THE AGE OF GOOGLE – TONY WILSON (VOL. 19, NO. 5)
Great article (as always Tony).
Send your L ETTERS TO THE E DITOR to:
Jesse Tarbotton, barTalk Senior editor
Canadian bar Association, b.C. branch
Fax: 604-669-9601
Toll-free fax: 1-877-669-9601
e-mail: jtarbotton@bccba.org
Happily I don’t need any such help or any more celebrity than I have already. Most Monday mornings I arrive in the office to three or four voicemail messages from a variety of accused individuals, intended for another lawyer, Sheldon Goldberg. These callers rarely identify themselves by name or leave any return phone numbers, and if their messages are intelligible they usually go something like this, “Sheldon, you got to get me out. I need bail now, man.” Or, “Hi Sheldon. They busted me again. They got nothing. Come get me.”
If only I practised criminal law.
– Lindsay D. Goldberg Partner, Lang Michener LLP
RE: LEGAL SERVICES SOCIETY ACT AMENDMENTS
I am writing to clarify some potentially misleading comments in recent issues of BarTalk regarding the Legal Services Society Act amendments. Far from posing a threat to adequate services for low-income people, the changes, in fact, strengthen B.C.’s legal aid plan.
Passed in the spring sitting of the legislature, the amendments broaden the society’s mandate while ensuring low-income people will still have priority for legal aid. Although the changes do not fully restore the pre-2002 LSS mandate, in particular with respect to providing civil law services, they do take us part of the way there, and that is cause for celebration.
LSS can now be more flexible in providing services to people in need by, for example, doing much more for people who fall just outside the financial eligibility guidelines. Before, LSS were restricted in the help LSS could offer them, and it left some very deserving people in quite dire situations with no legal recourse.
The changes also pave the way for some exciting work ahead as LSS move forward with ensuring legal aid provides more client-centred services in a broad social context.
– Mark Benton
Executive Director,
LSS
FROM THE PRESIDENT Ken ne TH WAlTon
Do We Need a New Approach to Legal Education?
One of my jobs is to look at barriers to entering into the legal profession.
Very high law school tuition fees seem one such barrier.
I recently spoke with one of our law deans about the issue of law school tuition fees. I was told that the pressure comes from the administration. Universities, (and for all we know governments) think that students are going to bring down a hefty income once admitted to the Bar and so, as a way to cash in on future income, significant tuition fees are charged. It is pointed out that large tuition fees are charged because that is what the market will bear (although it is not said that the market is created by the monopoly universities have on educating lawyers).
Kenneth Walton President 2007/2008 b.C. branch Canadian bar Association
At the Canadian Bar Association, we see the results of the high cost of legal education. Our junior lawyers tell us that they come out of law school with debts between $40,000 and $100,000. These are very able people who largely did not qualify for academic scholarships, nor did they have the resources to afford such enormous costs.
This enormous debt load means our new colleagues take articles where the best dollars are. They have to, in order to repay their loans. Perhaps it means forsaking practice in some less populated part of B.C. because there is a perception that one’s debts will be repaid more quickly with employment at a big city law firm.
debts may delay important activities like buying a house and rearing the next generation.
Many law schools are in high cost of living locales like Ontario or B.C. Students take on not only student loan debt, but often run up large credit lines, all for the sake of what has become a very expensive education.
In this crisis (for that is what it is), perhaps it’s time to consider some radical alternatives.
For example, why does law need to be instructed at university? Lower cost and more accessible community colleges may be a place where law could be taught. Perhaps another option may be private law schools as are offered in the United States.
Perhaps the Law Society’s Professional Legal Training Course could form part of the third year curriculum at these new law schools. That would resolve the friction with academics who say their job is not to produce practising lawyers (even though most of their students choose to practise).
“Many law schools are in high cost of living locales like ontario or b.C. Students take on not only student loan debt but often run up large credit lines, all for the sake of what has become a very expensive education.”
What we are looking at is an example of bad public policy. The immense pressure to retire loan
Lastly, why do governments treat articling and PLTC as time when student loans become due and payable?
Education for practising lawyers includes these mandatory programs – surely that time should be exempt from loan payment, as is done when a student is under formal instruction.
So if you are a billionaire who wants a new law school named after you, let’s talk.
I wish you success in your personal and practice life. BT
Peace of Mind Has No Power Cord
The return of sanity, simplicity, and “single tasking”
There is a new hero in the hyper-connected world of the Silicon Valley. His name is Timothy Ferriss and he is 29 years old. His celebrity among the high-tech set is bizarre, because his whole schtick is about how real success means unplugging. His book (a fascinating read) is called “The 4-Hour Workweek.” No, there’s no zero missing. His 15 minutes of fame may be almost up, but he’s got some smart things to say about life.
Caroline nevin executive Director b.C. branch Canadian bar Association
We have all heard the term “Work smarter, not harder.” Ferriss’ proposition is that working smarter means eliminating all unnecessary drains on time, attention and energy (that which consumes 80 per cent of our life force now), and focussing only on those things that are truly important (the remaining 20 per cent).
In his words, “simplicity requires ruthlessness.” In thinking about the 80 per cent challenge, e-mail is an obvious place to start. Truly urgent things can reach you other ways; everything else can wait. According to Mr. Ferriss, checking e-mail, even briefly, can be poisonous to your peace of mind. Any problem found in your inbox will linger long after you shut-down the computer. “It’s the worst of states, where you experience neither relaxation nor productivity. Be focused on work or focused on something else, never in-between. Time without attention is worthless, so value attention over time.”
And so, I am conducting my own 21 day productivity experiment. Those who know me will laugh – I am an “early adopter” Blackberry addict – but for the next three weeks, my plan is to:
1. Check e-mail twice a day. My Outlook and Blackberry e-mail will be turned off except at 11:00 a.m. and 3:00 p.m.
2. Ask the most important people in my work and home life to call or SMS if there is an urgent need to reach me.
3. Set-up automated e-mail responses that explain what I’m doing and how to get faster attention from my assistant if necessary.
4. Hand-over to my assistant the power to book appointments for phone or in-person discussions on specific topics, eliminating drop-in interruptions as much as possible.
5. Concentrate on one project, person or task at a time.
Year after year, CBA surveys show that the #1 issue of concern to lawyers is the Holy Grail we euphemistically refer to as “work life balance.” Of course, there’s no such thing. What we mere mortals strive for is to manage and reduce the moments of stress doing one thing in the face of a mountain of competing things we “should” be doing. The trick, as Timothy Ferriss says, is to value attention over time… to be present for the person or task before you, and not to worry about other things. There will be time enough for them too, if we clear the clutter out of our way. BT
note: visit the CbAbC Work life balance Committee web page for great links and resources: www.cba.org/bc under Practice resources.
Succession Law: Tables of National Concordance
The CBA’s Wills, Estates and Trusts Section has assembled a series of tables entitled Succession Law: Tables of National Concordance and posted them on the CBA website. Intended for use by members working with the varying laws across Canada, they relate to estate and trust planning and administration. The tables were designed to provide a quick reference to different jurisdictions; to inform on conflicts of law; to support current mobility initiatives across Canada; to support comparative analysis; and to provide access to primary sources of information through citations and links.
Details (requires CBA member number) uuu http://www.cba.org/CBA/sections_wills/main/ tables.aspx
President Meets Minister of Justice
CBA Condemns Arrests of Lawyers in Pakistan
The CbA is supporting the Canadian government in its condemnation of the imposition of emergency rule in Pakistan, and is lending its voice to the call for the immediate return to the rule of law. “We fully endorse the government’s call for an end to emergency rule in Pakistan,” said CBA President Bernard Amyot of montreal.
The CbA has developed a web page for members who would like to do more for colleagues in Pakistan. The site contains the CBA’s statement as well as those from other organizations, CbA core principles (resolution from 2006), information on the situation in Pakistan, a sample letter, addresses of the High Commissioner of Pakistan, the Prime minister, and the minister of Foreign Affairs.
Information on Pakistan uuu http://www.cba.org/CbA/news/pakistan/
CbA President bernard Amyot met with federal Justice minister rob nicholson on october 25 to discuss issues of mutual interest. During the course of the one-hour meeting, the talks focused on security certificates under the Immigrationand refugeeProtectionAct, federal responsibility for civil legal aid, and justice initiatives coming up in the new Parliamentary session. The minister praised the CbA for the high calibre of its federal submissions. A second meeting with the Minister and the CBA’s Executive Officers was scheduled for November.
Yellowknife 2008: CBA Mid-Winter Meeting and Aboriginal CLE
This year’s Mid-Winter meeting is offering members two events in one location. A Continuing legal education program on Aboriginal law takes place on February 21, 2008, just before the CbA mid-Winter meeting of Council gets underway February 23-24. register now!
CBA Mid-Winter Meeting of Council: February -, 008
uuu http://www.cba.org/CbA/yellowknife2008/main/
Podcast: Is Flat Fee Billing a Viable Alternative for Lawyers?
rather than setting price by a standard unit or result, alternative billing options focus on actions taken to benefit the client, beyond the time of how that value is applied. one of the simplest such options, and one that has increasingly received a great deal of attention in Canada, is billing for legal services at a flat rate. This month on CbA Practicelink, certified management consultant and author ed Poll helps you discover whether flat fee billing is a viable alternative for your firm.
All this and much more uuu http://www.cba.org/practicelink
CBA Calls for Reduced Delays in Processing Work Permits
The CBA’s Citizenship and Immigration Section has written Immigration Minister Diane Finley and Human Resources and Social Development Minister Monte Solberg to raise concerns about the length of time it is taking to process work permit renewals and extensions. The delays are causing real hardship to people and a climate of uncertainty for many Canadian employers and their employees. The CBA recommends a number of administrative improvements to alleviate some of the pressure, but says the only way to solve the problem permanently is through the allocation of additional resources.
The CBA’s National Competition Law Section and the Competition Bureau have endorsed a protocol that will promote more effective cooperation between the two groups. The protocol is the work of a joint task force that based the accord on the successful working relationship between the ABA’s Antitrust Law Section and the U.S. Department of Justice and the FTC.
In the days immediately following the Speech from the Throne, the government introduced several new bills including: Tackling violent Crime Act (bill C-2), amendments to the Immigration and refugee Protection Act (bill C-3), and amendments to the Anti-Terrorism Act (bill S-3).
• Bill C-: The CBA’s National Criminal Justice Section notes that public safety is best advanced by ensuring adequate resources to rely on laws already in place, rather than making changes that may complicate the law, elicit constitutional challenges and unnecessarily bog down the courts.
• Bill C-: The CbA has previously noted flaws with the u.K. model of special advocates that relate to the advocate’s access both to the person being detained and to the information in the entire file.
• Bill S-: The amendments bring back investigative hearings and preventative arrest under the AntiTerrorism Act. The CbA has previously argued that both Sections should be repealed under the “sunset” provisions of the Act, given the extraordinary powers they provide to law enforcement. All three bills are being reviewed in detail by the relevant Sections.
Section Update
Keep your practice current
The following are brief summaries of several recent Section meetings held throughout the province. More detailed information and available minutes from the Section meetings are accessible online at www.cba.org/bc in Sections and Groups, for enrolled CBA members.
BANKING LAW
MEETING: october 3, 2007
SPEAKERS: richard olson, Chair, The Commercial Tenancy Act reform Project bClI; William Cooper, boughton law Corporation
TOPIC: The Status of the Commercial Tenancy Act reform Project, recent Changes to the Canada-uS Tax Treaty and the lipson Case
Mr. Olson provided a backgrounder on the two-year Commercial Tenancy Act Reform Project and discussed the paper prepared by the British Columbia Law Institute regarding the project which will culminate in the publication of a final report in June 2009. Subsidiary goals for the project include promoting understanding of legal issues in the commercial tenancy field generally, and elucidating the current operation of commercial tenancy legislation in B.C.
Mr. Cooper spoke on changes to the Canada-US Tax Treaty that has been proposed in the recently signed but as yet unratified 5th Protocol. The Protocol has coming into force provisions that vary depending on the particular amendments. In respect of taxes withheld at source, these provisions will apply to amounts paid or credited on or after the first day of the second month that begins after the date on which the Protocol enters into force.
Cross-border interest that is currently subject to a 10 per cent withholding fee will be reduced to 0 per cent for arm’s length loans thus eliminating the need for socalled 5/25 loans and their complex provisions. Similar withholding rate reductions will be afforded related party loans but those reductions will be phased in over three years. Also, Treaty benefits will be extended to US LLCs, thereby reducing Canadian dividend withholding rates from 25 per cent to 5 per cent or 15 per cent, depending on the level of equity ownership. A new Treaty avoidance rule, deferred for three years, appears to have the effect of eliminating the tax benefits of the new BCULC, created by amendment to the BCBCA, which became law at the end of October, 2007.
Domestically, Mr. Cooper advised that the decision in Lipson v. The Queen, 2007 FCA 113, brings into question the findings in the SCC Singleton decision
at 2002 DTC 6969. Singleton held that a taxpayer could restructure his financial affairs to obtain a tax deduction for interest on borrowed funds which were used to purchase a personal residence. The Canada Revenue Agency has indicated that it is reconsidering its position of allowing such cash damming techniques given the successful application of GAAR in Lipson.
EMPLOYMENT LAW & LABOUR LAW
MEETING: october 16, 2007
SPEAKERS: Theodore C. Arsenault and bruce r. Grist
TOPIC: The end of mandatory retirement and its effect on unions and employers
Mandatory retirement is effectively prohibited by an amendment to the definition of “age” in the Human Rights Code effective January 1, 2008. Mr. Arsenault reviewed the implication on labour relations and recommended that in negotiating terms in collective agreements, parties will need to determine what accommodations are in place and ensure that the language of the collective agreement will withstand the scrutiny of the Human Rights Code. In the end result, Mr. Arsenault’s view is that there will be increased efforts by employers to have employees agree to voluntary buyouts and severance packages in order to have those employees leave the workplace at age 65. Bruce Grist reviewed the impact of mandatory retirement on pension plans and benefits plans, as well as the legislative amendments to Section 13(3)(b) of the Code, as per the summary handout which was provided by Mr. Grist to Section members.
HUMAN RIGHTS LAW
MEETING: September 26, 2007
SPEAKER: Anita braha
TOPIC: Duty to Accommodate: A review of recent Human rights Tribunal Decisions
Anita Braha, Human Rights lawyer, presented an educational and thorough review of recent cases regarding the Duty to Accommodate in British Columbia. Ms. Braha’s informative PowerPoint presentation included the following topics: Relevant legal test to establish
discrimination; Significant cases; and the Summary of case principles. The Question and Answer session covered issues such as cases where undue hardship has been found, whether counsel should continue to argue the Law analysis which is a test to establish discrimination, and where and when to argue Law.
IMMIGRATION LAW
MEETING: September 26, 2007
SPEAKERS: David rizzo, manager, Program and Communications Division (Pacific region), CbSA; Tony Wong, Senior Project manager, 2010 olympic and Paralympics Winter Games (Pacific region), CbSA; Don macKay, Senior Project manager, 2010 olympic and Paralympics Winter Games (Pacific region), CbSA
TOPIC: Immigration and Customs Perspectives and related Initiatives Concerning the 2010 olympic and Paralympics Winter Games
Messrs. Wong, MacKay and Rizzo responded to questions submitted by Section members in advance of the meeting concerning immigration and customs matters as well as follow-up questions and comments during the meeting. Some of the questions and answers that were highlighted were: Q: Pertaining to
AdmINISTrATIve
LAW – vANCOuver
MEETING: october 23, 2007 (Inaugural meeting using CBABC’s new Webinar tool)
SPEAKER: Gregory J. levine, Ph.D. llb
TOPIC: The Law of Government Ethics – Federal, Ontario and British Columbia, “Ethics Law Undressed”
the Olympics and Immigration, will foreign athletes be required to obtain visas as is usually required?
A: Rather than visas in the passports, the foreign athletes will wear a conspicuous identity/security card around their necks at all times. Q: How will the CBSA handle foreign athletes with criminal records?
A: In deciding whether to allow the athlete to enter Canada, the CBSA will assess months in advance of the Games whether the person is a danger to Canada, as per the usual analysis. If the benefits of admitting the individual outweigh the risks, then a special immigration document called a Temporary Resident Permit may be issued in addition to the identity/security card. Q: If a foreign worker does not have the work permit yet and his personal goods have arrived in Canada from abroad, is it possible to say what percentage rate of duty he will be assessed on his personal goods? A: There is technically a minimum $500 flat rate for customs and taxes on goods brought in, but it is not often assessed. CBSA wants to stay away from tariffs, as it is moving away from the collection of revenue and focusing enforcement, such as contraband and anti-terrorism, since the split from the CCRA. BT
Mr. Levine spoke of the scope of government ethics, and noted the trend toward the increasing codification of ethics laws federally and in B.C. Mr. Levine noted that government ethics legislation is based largely on a profound valuing of public service and reflects both the deepest fears about government as well as the deepest aspirations of how one can act. With religious as well as cultural roots one has heard that ethics gives life to morality. He stressed that there must be ethics laws to fulfill the democratic ideal. Members in attendance at this luncheon meeting and by Webinar (computer and phone) heard of a burgeoning area of law designed to hold government accountable by addressing issues of corruption, influence peddling and abuse of public trust. He spoke of the goal of openness whereby processes are knowable and known.
“Greg Levine’s talk highlighted the growing codification of laws intended to address problems in government ethics. The presentation and ensuing discussion demonstrated why lawyers should be thinking about these issues, including whether to register under the LobbyistsRegistrationAct.”
– Legislative Liaison, Judy Ashbourne
Slaying the E-Mail Monster
Regaining control of your inbox…
I Can’t take it any more Can you take it any more?
Composed and performed by vangelis.
This is a greatly abridged version of the full tips article on my blog on controlling your inbox: http://thoughtfullaw.com/?p=29.
David J. bilinsky is the Practice management Advisor for the lSbC. e-mail: daveb@lsbc.org blog: www.thoughtfullaw.com
Dave Barry says: “The one thing that unites all human beings, regardless of age, gender, religious or ethnic background, is that we all believe we are above-average drivers.” Well, I will add to Dave Barry’s list and say that the other thing that unites human beings, regardless of age, is that we all have overflowing e-mail inboxes. More particularly, we don’t know what to do about them. Accordingly, here are tried and true tips for mastering your mailbox:
#1 USE MORE THAN ONE E-MAIL ADDRESS:
The first technique can be called “divide and conquer.” Here you separate your e-mail addresses and create separate addresses for business, personal, travel and disposable use. This divides the incoming stream right off the get-go.
#2 dON’T uSe YOur BuSINeSS AddreSS fOr ANYTHING OTHER THAN BUSINESS
Use an e-mail address separate from your work one for listservs, for receiving information or for public uses. Let these e-mails build up somewhere other than your personal or business e-mail addresses so that when you open your business e-mail, you are not inundated in interesting (but not necessary) e-mails.
#3 USE YOUR INBOX ONLY TO GATHER MAIL
Most of us use the inbox as a kind of repository for
e-mails that should otherwise be converted into: To-Do’s, memos, meeting notes, reminders, attachments, events, addresses, URLs, etc. There are other ways to store those for recall purposes!
Put those items in folders (ToDo’s, Reminders, etc.) or in your Practice Management Software (e.g. TimeMatters, Amicus Attorney, PC Law, LawStream). The important thing is to get this “stuff” into relevant folders somewhere where it can be found and not let it clutter up your inbox!
#4 CLeAN OuT YOur INBOx… NOW!
Triage your e-mails, quickly, and separate them:
• The important and urgent ones – leave in your inbox;
• The important but not urgent ones – put into a “To-Do” folder; and
• All the “others” – file away in other folders (reading, listservs, personal, etc.).
Then – go back and attack the urgent and important e-mails. Now!
#5 PREVENT THE CLUTTER E-MAIL FROM COMING INTO THE INBOX
Rather than subscribing to listservs, reduce your e-mail load by using RSS – Really Simple Syndication. This eliminates the e-mails and allows you to scan only the most recent listserv postings using a newsreader.
#6 – uSe GmAIL – Or YAhOO mAIL fOr PERSONAL USE
Yahoo and Google Mail (gmail) offer HUGE capacity – Gmail has almost 5000 MB of storage – that increases daily (and Yahoo mail has no storage limits).
Gmail has automatic spam filtering, messaging forwarding, signatures and much much more.
#7 FILTERS, FLAGS, & SEARCH FOLDERS
Filters automatically sort e-mails and put them into predefined folders. They take a little time to build, but the payback is huge.
Flags are indicators that you can place next to an e-mail message in Outlook that are colour-coded (red, blue, yellow, green, orange, and purple) and can be a quick visual reminder for different types of e-mails. You can:
• Use flags to follow-up for incoming and outgoing e-mail;
• Flag action options using colours;
• Use as pop-up reminder based on the sender of the e-mail; and
• Sort and arrange your e-mails by colour for ata-glance priorities.
Search folders are not real folders (such as “Inbox” or “Sent Items”), but rather they are virtual folders that contain views of e-mails matching specific search criteria. “Unread Mail” and “For Follow Up” are two default search folders in Outlook.
Search folders:
• Show unread messages and those marked for follow-up by default;
• Customizable – will show any search you create; and
• Contains shortcuts to messages – the messages themselves remain in the original folder(s).
#8 SPAM
E-mail systems can be configured in most cases, to weed out spam automatically.
Since most of us use MS Outlook (at least for our business e-mails) we should use the features in Outlook to minimize spam:
In Outlook click on the “Tools” menu, then “Options,” and then click “Junk E-mail” on the Preferences tab. This in turn, opens the Junk E-mail Options dialog box.
You can choose the level of spam protection that you feel appropriate. You can start on “Low” and if this still produces too much spam, switch to High or even Safe Lists Only.
The next step is to use the “safe senders list” to add in e-mail addresses that are generating “false positives” and being tagged as spam needlessly.
Lastly there is the “Block senders list” which allows you to add in addresses to which you do not
wish to receive any further e-mails. For example, you can add in addresses of those individuals who have repeatedly spammed you to save yourself the tedious task of having to delete these unwanted e-mails.
#9 PHISHING E-MAILS
Phishing e-mails are e-mails that appear to be from legitimate organizations such as a bank but are in fact forged e-mails. They attempt to fool the user in order to fraudulently acquire information such as your bank account number and/or password for illegal uses including identity theft.
In order to enable anti-Phishing for Outlook 2003 (Outlook 2007 has its own anti-phishing and junk e-mail protections):
• Upgrade to Outlook 2003 and install the latest Office 2003 Service Pack (http://office. microsoft.com and click on “Check for free updates”); and
• Install the Junk e-mail filter update for Outlook 2003.
The Junk E-mail Filter – Phishing Protection works as follows:
• Dangerous e-mail is automatically routed to your “Junk E-mail” folder;
• All formatting has been stripped out – all html, all pictures – all you see is straight text;
• All hypertext links are turned off; and
• If good e-mails are ending up in your “Junk E-mail” folder, then: Right-click on one of those e-mails. Then click “Junk E-Mail” and then “Add Sender to Safe Senders List.”
CONCLUSION
We have just run through some of the tried and tested techniques to wrestle the e-mail demon to the ground and start to regain control over your inbox (and your life!).
Now – what remains is for you to take that first step and start along the journey that leads to an inbox that only has a few items (that came in today!) and which you can easily deal with by the end of day. As they say, every journey begins with a single step. All it takes is for you to say that you can’t take it any more…. BT
The views expressed herein are strictly those of the author and may not be shared by the law Society of b.C.
Charming mWm 51, Seeks diplomatic “Liaison”
“Special Someone” must have own Country with beach. No weirdos please.
Inoted from the Society Pages of the Vancouver Sun some months ago that I was not invited to this year’s Diplomat’s Ball, that glittering shindig for all the chargé d’affaires, consular officers and other members of Vancouver’s small but happy diplomatic corps who read The Economist and know it’s the best posting in the world until they see the rain. I’m disappointed there were no pictures of me in the paper with my very excellent Tuxedo on. This is probably because I am not a member of the Diplomatic Corps in Vancouver. I’m not even from another country. But neither are other members of Vancouver’s consular community. Some have never even set foot on the country they represent. Some are even lawyers!
Tony Wilson practises Franchise law at boughton in vancouver. The fact that he has posed for this picture with a Santa costume on, at the nagging insistence of the CbA, suggests that his chances of securing a diplomatic posting are now nil.
Being born and raised in B.C.’s capital city, I have no real connection to any foreign country except Victoria. Well, that’s unfair. Victoria isn’t in another country. Victoria is simply in another time zone. When it’s 11 a.m. here, it’s 1972 there. (Bada-Boom!).
So without beating around the bush, I would like one of these consular postings. I just need a polite country that wants my law office or my house (or my sailboat) to be their HQ in Vancouver. So here’s my pitch: I promise to be a good Honorary Consul; to pay all my parking tickets; and to visit your country, even if you don’t take Club Intrawest points. I promise to make myself available to your countrymen and women, preferably if they speak English, have their own accommodation and a return ticket home. I promise I will not say anything bad about your country, unless you are Burma or the other bad ones (you know who you are). I don’t expect money. Just the wall plaque, the diplomatic license plates, the sash,
and the party invitations. As I said, I have my own Tuxedo and so does my wife. Being an expert in small talk, I am extremely entertaining at parties, and can carry on a conversation about anything except Morris Dancing and hockey. As an added benefit, I will promote your country to tourists. I “know” some tourists. I have “connections.”
I am reasonably worldly, having been all over Europe, Asia and Africa. But if I have not actually visited your country, I assure you I had the great honour of flying over it once on the way somewhere else.
Because I listen to the BBC, buy Marks and Spencer’s socks and used to play Rugby, my preference is any former colony of the British Empire. I have the unique benefit of speaking the language (I was in “English Immersion” at school). And, because I enjoy rum and got married there, I suspect that there may be Islands in the Caribbean that could use me as their Vancouver Consul. I could even house their luge team during the Olympics in a pinch.
I know places like the Falklands, Pitcairn, St. Helena and Tristan da Cunha aren’t countries, but UK “territories.” Still, they may need representation in Vancouver one day. I know Napoleon died in St. Helena and the Bounty’s descendants live on Pitcairn. Tristan Da Cunha has interesting stamps. This is more than most people know about these places.
Failing that, I’m banking on Palau, Tuvalu, Samoa and other South Pacific Island countries, mostly because their native sons wrecked my back in a Rugby game in 1974, so they owe me.
I have my own golf clubs and a kilt. And I look good in a Tuxedo. Respond to Box 4261, this publication. Nothing kinky. No weirdos please. BT
Online Marketing: Blawgs Part 1
What is a blawg and what can it do for you?
Ablawg is a blog that focuses on commentary about the law. A blawg can get you noticed, drive traffic to your website and improve your search engine ranking. Savvy law firms use blog technology to promote services to potential clients, and post information in real time from anywhere in the world. You do not need to be a techie or spend vast sums of cash to build a great looking blawg. Blog publishing software is easy to use, free or relatively inexpensive.
Patricia Jordan is the CbAbC Web manager. She welcomes your comments, questions and suggestions.
Tel: 604-646-7861
Blogging is about connecting with and hearing from people who read your work. Stan Rule, a Kelownabased lawyer who practises in estate planning, probate and estate administration at the law firm of Tinker, Churchill, Rule, has been posting online at rulelaw.blogspot.com since August 2005. His blawg “Rule of Law” was created in the hope that he could help others learn more about law, and encourage discussion about law and law reform. “It has definitely helped in the marketing of my practice,” said Rule. “But, I think the main thing is that it is something that I enjoy doing, and it helps me keep on top of the developments in my practice.”
BLOG PUBLISHING SOFTWARE
e-mail: pjordan@bccba.org
MT4 has dozens of templates and core authoring functions that help you manage your blog. Their web editor utilizes WYSIWYG (what you see is what you get) functionality. MT4’s graphic displays let you see which content and contributors drive conversations on your site. It also has a built-in registration system that allows you to authenticate commenters and users; giving you control over who posts. MT4 licenses are available for commercial, education/nonprofit and enterprise purposes for a fee. The personal use license is available at no charge.
WordPress.com offers a free service with more than 60 templates and a text editor that makes it easy to create posts. All you need is an e-mail address and a name to get started. You have the ability to categorize and tag your posts as you type them, allowing you to immediately create archives that are automatically added to a global tag system. To support their service WordPress may occasionally show Google text ads on your blog. In the future, the option of purchasing an upgrade will be available to turn the ads off or show your own ad and make money from your blog.
TypePad.com offers inexpensive solutions for people who want to build a web presence. They offer five levels of products and services. You choose the level that works best for you. TypePad has a selection of templates that can be customized, and their easy to use editor has feedback management tools, feed and podcast support, and more.
Moveable Type 4 (MT4) is a professional publishing platform that is available online at movabletype.org.
Google’s Blogger.com is a free alternative to posting online. Google has made posting easy with their selection of templates that will help you get started with minimal effort. You can customize colors, fonts and even edit HTML code. The drag and drop page elements allow you to place archives, posts, and profiles exactly where you want them. Posting photos is quick and easy too. You have control and can choose to allow comments on a post-by-post basis or delete a comment, if necessary.
Look for more on Blawgs in Part 2 of Online Marketing in the February issue of BarTalk 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.
ACTS IN FORCE
ASSESSMENT STATUTES
AMENDMENT ACT, 2007, S.B.C. 2007, C. 13 (BILL 32)
Sections 1, 4, 3, 5 to 11, 12(b) and (c), 15, 16, 17, 21 to 31, 32, 33 to 47, 49 to 53 and 55 to 68 are in force September 24, 2007
ATTORNEY GENERAL STATUTES
AMENDMENT ACT, 2007, S.B.C. 2007, C. 14 (BILL 33)
Sections 1 to 8, 10 to 12, 32 to 37, 45, 46, 50, 55, 56, 59, 60, 62, 63 and 66 to 68 are in force October 18, 2007. Sections 14 to 16, 19, 21, 24, 26, 27 and 30 are in force October 1, 2007
Jennifer lau awarded the law Student Award, and Jennifer O’Leary awarded the CBA Finance Services Award
CURRENT FROM AUGUST 29 TO NOVEMBER 5, 2007
legislative update is provided as part of the CbAbC legislative and law reform program. It is a service funded by CbA membership fees, and is therefore provided as a benefit of CbA membership. The full version of legislative update is now only published online and available to CbA members exclusively at www.cba.org/bc.
CORONERS ACT, S.B.C. 2007, C. 15 (BILL 8)
Act is in force September 26, 2007
FINANCE STATUTES AMENDMENT
ACT, 2007, S.B.C. 2007, C. 7 (BILL 14)
Sections 2, 3, 5, 7, 10, 12, 13, 16, 17, 22, 23, 26 and 31 to 33 are in force October 29, 2007
FORESTS AND RANGE STATUTES
AMENDMENT ACT, 2007, S.B.C. 2007, C. 18 (BILL 18)
Sections 7 and 16 are in force September 24, 2007. Section 34 and Section 66(a), insofar as it enacts Section 151(2)(k.3) of the Forest Act, in force September 7, 2007
HOMEOWNER PROTECTION
AMENDMENT ACT, 2007, S.B.C. 2007, C. 20 (BILL 34)
Act is in force November 19, 2007
CBA/UBC Mentorship Program Reception Awards
Two prestigious CbA Awards were also awarded at the ceremony to two students for their outstanding academic achievement, as well as their service to the law school and the community. This year’s recipient of the CbAbC law Student Award was Jennifer lau, and the recipient of the CBA Finance Services Award was Jennifer O’Leary.
Aboriginal Law Student Scholarship Trust
CbAbC has partnered with the national Aboriginal Achievement Foundation (nAAF) to advance legal education for Aboriginal persons through the establishment of a trust fund to provide annual scholarships for Aboriginal persons to attend b.C. law schools.
nAAF has an excellent record in honouring the achievements of Aboriginal people in Canada through its national Aboriginal Achievement Awards and the administration of more than $27 million in scholarships and bursaries to Aboriginal students across the country since 1988. The law Foundation of british Columbia has also recognized the value of this initiative by committing to match funds raised by the CbAbC. make a contribution by December 31, 2007 and become a founding patron. All contributions received prior to march 31st will be acknowledged at a spring launch event. For more information visit www.cba.org/bc and click on Initiatives.
UBC/CBA Mentorship Program Reception
Downtown reception a big draw
This year, the CBA B.C. Branch and UBC Faculty of Law Career Services Office hosted the annual Mentorship Reception at the Law Courts Inn in downtown Vancouver on the evening of October 25th. The event was a tremendous success with over 150 people in attendance. Many lawyers appreciated the convenience of the new location of the reception, which in the past was held at the Cecil Green House at UBC. Some took the opportunity to give their mentees a brief firm tour, or to meet with them for dinner beforehand.
Mary Anne Bobinski, Dean of the UBC Faculty of Law, spoke briefly of the benefits of the program, and thanked the mentors for welcoming law students into the legal community and for providing them with insight into the practice of law. Kaila Mikkelsen and Kerry Parker Smith, Director and Associate Director of the UBC Career Services Office, both of whom were actively involved in the Mentorship Program, were also in attendance. Several student volunteers from the UBC Articling Committee also assisted at the event.
Marika Giles, Young Lawyers’ Representative, CBABC Executive Committee, presented two prestigious awards at the reception to students who have demonstrated outstanding academic achievements and who have served both the law school and their communities. The first, the CBA B.C. Branch Award, was presented to Jennifer Lau, Law III. Jennifer O’Leary, Law II, was the recipient of the CBA Finance Services Award. Also in attendance from the CBA B.C. Branch were Caroline Nevin, Executive Director, Joanne Silver, Director of Stakeholder Relations, and Jennifer Weber, Branch
Member Services Manager, who co-ordinated the CBA’s involvement in the program.
This year also marked the first time the UBC Faculty of Law First Nations Legal Studies Program was involved in the Mentorship match. First Nations lawyers and students were offered an opportunity to be matched. Jennifer Duncan, Advisor of the First Nations Program, assisted in matching five students with mentors, and hopes to attract larger numbers next year.
As those who have participated in the Mentorship Program can attest, there are many benefits enjoyed by both the mentors and mentees. Not only does it provide both with the opportunity to gain a new perspective and appreciation for the practice of law, but it builds a long-lasting professional relationship and network with future colleagues.
There were 177 students who participated this year, and 170 mentors, several of whom volunteered to mentor two students. While the program is run primarily to introduce first-year students to the practice of law, a large number of second- and third-year students also participated in the program this year.
As the UBC CBA Student Representative, I would like to thank all of the lawyers and students who participated in the program this year and who attended the Mentorship Reception. I urge you to follow-up with your mentors and mentees soon, and suggest that you stay in touch throughout the year to arrange casual meetings over coffee or lunch where you can continue to build your relationship. If you have any questions, concerns, or feedback about the Mentorship Program, please feel free to contact me, Shane Hopkins-Utter, at ubc.cba.mentorship@bccba.org. BT
Earlier Solutions, Faster Justice
The future for administrative justice in British Columbia
The Ministry of Attorney General, together with several partners (including the legal community), has embarked on a plan to ensure British Columbia’s justice system is more accessible, timely and cost effective. The plan is based on the concepts of early solutions and faster justice, to help individuals, families and businesses resolve disputes sooner.
Honourable Wally oppal, QC Attorney General and minister responsible for multiculturalism
While much has already been done to reform B.C.’s administrative justice system, the ministry, through its Administrative Justice Office, will continue to work with tribunals, other ministries and community partners to look for opportunities to provide earlier and fair resolution of administrative law issues.
The ministry’s five key strategies for justice transformation will also be applied in the administrative justice system, in consultation with other key participants. Those strategies are:
1. PREVENTION: Government will look for ways to minimize, avoid and resolve administrative law issues before they become disputes to be considered by a tribunal or another oversight body. For example, the Administrative Justice Office and the Dispute Resolution Office are working together to support greater use of dispute resolution, earlier in government’s processes and before matters are brought into the tribunal system.
2. INTEGRATION: Co-ordination and sharing of resources within the administrative justice system will be enhanced where possible, through exploring and supporting additional opportunities to build on existing co-location of tribunal registries, cross appointments and
co-ordination of ministerial support to tribunals, with the aim of improved access to services.
3. I NFORMATION : Accessible information, advice and guidance on how the administrative justice system works will be provided through the Administrative Justice Office’s website (www.gov.bc.ca/ajo/), with consideration also given to distributing information about tribunals through the proposed justice access centres.
4. SIMPLIFICATION: The Administrative Tribunals Act will continue to be used as a comprehensive, consistent framework so that tribunals can adopt streamlined processes, providing a timely, proportionate and more user-friendly alternative to the courts. Best practices for tribunal case management will be considered and tribunals will be encouraged to modify their rules as may be necessary. The ministry will also consider exploring opportunities for streamlined processes to reduce the complexity and lack of proportionality associated with judicial review proceedings.
5. RESOLUTION: Tribunals will be encouraged to initiate or build on their dispute resolution processes to achieve early resolution so that adjudication is used only where no other option makes sense. BT
Canadian bar Association members are invited to share their suggestions, ideas or comments for improvements to the administrative justice system, critical to assisting british Columbians to achieve earlier solutions and faster justice, by contacting the Administrative Justice office through the feedback option at: www.gov.bc.ca/ajo/, by telephone at: 250387-0058 or by e-mail to: Dianne.Flood@gov.bc.ca.
Equity Under the Wills Variation Act
In 2006, the B.C. Law Institute delivered a report recommending many welcome changes to modernize estate law.
The report also contained, however, one ill-considered recommendation to eliminate Wills Variation Act claims by adult children unless they are unable to be self-supporting.
The WVA is the statute which permits children and spouses of deceased individuals to challenge their wills after their death. Generally speaking, under this Act the courts will not interfere with a will if a parent has good reason to disinherit a child and properly documents those reasons.
Judith milliken, QC has practised law for 31 years in the areas of commercial law, criminal law, and estate litigation which she practises together with her husband Trevor Todd. In her other life she runs a family friendly tourist suite and enjoys her own family.
This new proposal, however, would eliminate claims by self supporting adult children even in the most deserving of cases. In doing so, it would reverse almost 90 years of jurisprudence.
It is difficult to advance any good policy reasons for eliminating the statutory discretion given by the WVA. The effect of the proposed amendment would be to uphold testators’ testamentary freedom to disinherit children no matter just how frivolous, discriminatory or mean-spirited their reasoning may be.
The purported rationale for this proposed change is to make the law of British Columbia consistent with the law of other provinces. In fact, B.C. law is actually ahead of the other common law provinces because it permits the courts to bring more fairness into estate law by applying equity where required.
B.C. is also more consistent with most of the world where testamentary freedom is not a given. The concept of complete testamentary freedom is largely known only in the common law world.
Many who had the fortune to be raised in happy, healthy families find it difficult to imagine any parent
unfairly disinheriting a child. Often however, successful WVA claims involve dysfunctional families where an abusive parent disinherits his or her own child. Others involve families that inappropriately discriminate, within their culture, usually against daughters.
Consider the following examples of successful WVA claims which this proposed recommendation would eliminate, if passed:
1) A South Asian mother’s will left her estate to her sons, largely excluding her daughters. The judge found this reflected an inappropriate cultural bias and amended the will to provide the daughters a larger share.
2) A father’s will left his gay son a life estate, whereas he gave two heterosexual sons outright gifts. The trial judge amended this will ruling “homosexuality is not a factor in today’s society justifying a judicious parent disinheriting or limiting benefits to his child.”
3) A mother’s will disinherited one of three daughters. She had abandoned her first illegitimate daughter as a toddler, leaving her in an abusive home. She later married and became a supportive and loving mother to two adopted daughters. They enjoyed happy successful lives in contrast to the abandoned daughter who lived a life of economic struggle and abusive marriages. The judge divided the estate equally between the three.
The B.C. Wills Variation Act provided for equity in all of these cases.
How can it possibly be a step forward to eliminate this discretion simply to be consistent with other provinces? BT
FEATURE KATH y lynn
Workplace Wellness is Evolving
Workplace wellness was born when the business community started to realize that a healthy employee was more productive, suffered less stress, and had fewer sick days. So the programs focused on physical health with smoking cessation programs, blood pressure checks and fitness centres. And the employees became healthier, but they still suffered from stress and anxiety.
Workplace wellness programs have evolved. In order to be truly healthy, all parents in the workforce need to be supported by programs that help them build parenting skills and strategies.
Kathy lynn is a professional speaker and author with an expertise in parenting. For more information on her workplace wellness programs visit her website at http://www.parentingtoday.ca
Parenting workshops and support seem to be difficult to implement. Although one knows that child raising is the most important job in the world, one is still unclear on the concept that like any other career, parenting is one for which one needs training. When parents know about child development, when they have a handle on child discipline, when they are comfortable communicating with their kids; they are better employees. They arrive in the morning calm and ready to work. Their work time is productive, and they are comfortable and happy in their role as parent, and thus can focus on their paid employment.
I was having a conversation with the workplace wellness director in a major law firm after having presented a workshop for their staff and for the lawyers. She said: “Great speakers, like you, come into the workplace and do a presentation for the employees. There is a buzz for a few days and then it’s over. One needs follow-up.”
I agree; follow-up is important. So, at Parenting Today we have developed a number of programs available as a follow-up support for parents in the workplace.
WHY WOULD YOU CARE?
Today’s young professionals insist that their benefits programs include recognition that they have a full life outside of the workplace. The workplace that honours that will find that they can recruit the best people, that they will see an increase in employee retention and loyalty, and that their employees will have fewer sick days, be focused on their job while at work and will suffer less stress and anxiety.
Raising kids is one of the greatest challenges for those trying to achieve a balance between home and work. The workplaces that recognize that will be the winners, as will their employees and the next generation of workers, their children. BT
Kathy to Speak at Women Lawyers Forum Event
Kathy lynn is scheduled to speak at an upcoming Women lawyers Forum event. Kathy offers clear and common-sense answers to basic parenting dilemmas. Her style is down-to-earth, fun and real. Please watch the CbA website and your e-mail inbox for further details.
Perspective is Reality: Mastering the Generational Gap
New associates want a life and a career.
Partners have put work first throughout their whole career. New associates define hard work as being accessible by e-mail, voicemail, and pager. Partners define hard work as time behind the desk, hours at the office, and number of billable hours worked.
It is no surprise that the tension between the generations is building. In law firms across the country, partners, associates, and students are trying to find ways get along when they have very different experiences, perspectives, and expectations. Historically, there were only three generations in the workforce and any one time – today, you are likely to encounter any one of five generations in the course of a typical day.
nora Spinks is President of Work-life Harmony enterprises, an international research and consulting firm working with the legal profession to leverage generational diversity in the workplace.
Generational characteristics are a result of four elements: demographics (genealogy), human development (biology), social, economic, and political forces (sociology), and shared experiences (psychology). The more you understand the science, the easier it is to perfect the art of managing across generations. If you are experiencing intergenerational stress, ask yourself a few questions: what is the other person’s generational perspective, and what is yours? How do they differ? And what are the unwritten or unspoken understandings or behaviour norms for each generation?
For example, people who were raised in North America in the 80s and 90s have a high likelihood of having received daily positive feedback, and frequent feedback with every hour spent playing computer and video games. On the other hand, people who were raised in the 50s or 60s likely received feedback
only when they did something wrong. So, for an associate, feedback is sought after – for partners it is avoided.
What associates are saying when they ask for feedback is, “I am interested in growing, building skills, and enhancing competencies.” They expect lifelong continuous learning and expect partners to provide coaching and specific advice about how to be a better lawyer. A partner may think the associate is lacking confidence, unsure of their abilities, demanding, needy and unprofessional. Partners are busy and think associates should work hard, “pay their dues” and learn through experience. Both are accurate from their respective generational perspectives but a complete misinterpretation of each other.
This conflict can result in tension and misunderstanding, and may contribute to regrettable turnover and less than optimal productivity. Neither party is completely right nor completely wrong; they are simply different. To resolve the issue, it is important to respect the other opinion and perspective. Associates need to recognize that their need for feedback does not necessarily come naturally to the partners. Partners need to recognize that new associates expect and even need more feedback than red marks on a document.
Neither generation will become like the other, however, they can respect their differences and think about communication from the receiver’s perspective as well as their own. Whether the tension is around feedback, face-time or different definitions of hard work, a fresh perspective on generations may reduce the stress and anxiety, and ultimately make both associates and partners more productive. BT
Work-Life Quality vs. Balance
The quest for Work-Life
Balance is a perpetual challenge at the best of times. Throw in the seasonal stressors of the holiday, and that elusive sense of balance can become an impossibility for some. Thoughts of overspending; too much to do; too little time; great expectations become the internal chant that pervades the mind, as we wonder what became of those sugarplum fairies that should be dancing in our heads.
Try saying the words resiliency, mindfulness, conscious choice and selective focus to yourself right now. As you do so… breathe them in. Do you notice how they create a sense of calm? Repeat the word that seems to resonate best for you. Allow yourself to consider what that signifies to you, and how you chose to visualize/conceptualize it. Does this help you imagine what you can do differently this holiday season?
Recognize what is working and what is not. For some, that means planning ahead. For others, it means allowing yourself to accept certain situations, and let go of your resistance. Asking yourself what and how can simplify things. Remind yourself to balance family and solo time, for some it could be more useful, energizing, and beneficial to mix it up
and try something new. In any case, be selective, and remember to practice boundaries. Know what it is that you can control.
SOME GUIDING PRINCIPLES:
• Build on what is working for you;
• Make time for the important things;
• Relax your standards (Martha won’t know);
• Keep expectations realistic;
• Respond rather than react. Give yourself the space to do so; and
• You can say no. BT
Interlock offers personal and confidential counselling and consulting services, at no-cost to individual b.C. lawyers, articling students, and their immediate families.
Interlock can be reached at: lower mainland: 604-431-8200, Toll Free in b.C.: 1-800-663-9099
Health & Wellness TIPS
Tough Days
uuu Build in regular breaks to stretch or take a five minute walk – even on those days when you “can’t spare the time.” Building in breaks will help you maintain your energy levels and focus more effectively.
of interlock 1-800-663-9099
“Christmas Turkey”… Keeping It Off Your Belly
Let’s start off with those of you who have worked hard all summer to stay fit, maybe even kept up the training in anticipation of some fall get-away holidays. Regardless, it’s still getting close to the time of year that your bodies all dread. “Christmas Time” is the worst for parties (both eating and drinking), so here are some suggestions to de-stress from the Christmas bustle, and keep off that extra weight while still enjoying some Christmas cheer.
dO YOur CArdIO!
Kalev Jaaguste Personal Trainer
Phone: 604-518-4691
e-mail: Kalev@KalevTraining.com
1) Do your cardio after your weights: this will help you to burn a higher per cent of fat during cardio.
2) Include intervals in your cardio: this will increase the intensity as well as your anaerobic threshold.
3) Vary your cardio activity: pushing hard on the bike, elliptical and stepper for 10 minutes each is better than a 30 minute walk on the treadmill.
WeIGhTS! WeIGhTS! WeIGhTS!
1) “Get a Trainer,” or at least a training partner to keep you honest and accountable for those 6:00 a.m. workouts.
2) Change up your program. If you’re bored, then you’re not working hard, so switch it up and get more from your workout minute.
3) “Super Set,” get two times the work done; in between sets of one exercise, do another exercise of the opposite muscle to get more done.
4) “High reps,” start doing 20 reps of your exercise and watch your heart rate burn even more calories just like in a cardio workout.
Remember that you have to burn the excess calories you intake so your regular workouts won’t do. (Important health note: Always consult your trainer before making any changes to your regular workout). If you were going nowhere with your workouts before, the holiday festivities will certainly increase the chances that your fitness levels will slide in the wrong direction. Take a step in the right direction and get yourself ahead of everyone else come January 1st!
For those of you who are not currently on an exercise program, but are interested in making a change, now is the time, before the holiday temptations come your way. It’s best to start small, consult a trainer to assess and personally create a program that is correct for you. Start taking small walks every other day, buy a gym membership, or just get on the treadmill and walk for 10 minutes. Give yourself small achievable goals – RECORD THEM, and make sure you do a
“Take a step in the right direction and get yourself ahead of everyone else come January 1st!”
little bit more, no matter how small, each time. Next thing you know you will be doing better than you ever imagined.
If you have any questions, need a kick-start on a fitness program, or just need some extra motivation and help with your current plan, why not give Kalev a call, or at least take some inspiration from Kalev’s website: www.kalevtraining.com.
It’s time you took your health into your own hands! BT
CBA Sections Make Financial Sense
There are many reasons we belong to the CBA. We are the advocates on issues that affect lawyers’ personal and professional lives; the voice of the profession on issues of policy and law reform; and a key supplier of continuing professional development (“CPD”) opportunities for lawyers.
Our members know how important CBA Sections are. For many members, Sections are the most tangible benefit of membership, and provide an opportunity for networking, fostering collegiality, and CPD.
Some form of mandatory CPD will be implemented by the Law Society in the near future, and the CBA has been part of the consultation process surrounding this issue. One of our concerns is that there be accessible, affordable and convenient CPD for all lawyers, especially those that live outside the major centres.
Section meetings qualify as CPD hours. We have invested in technology to ensure that virtually all Section meetings can be attended by teleconference at the request of any member. We have successfully utilized Webinars to allow remote attendance over the Internet. The CBA offers a “privilege pass” allowing non-members to try a Section before joining, and this can be found at http://www.cba.org/bc/pdf/sections/ section_coupon.pdf.
This all adds up to significant savings for Section members. There is no need to spend money on travel, hotel, or lose the working days to get to and from a full-day program. Sections just may be the most accessible, affordable and convenient CPD.
Enrol today! Download a Section enrolment form at www.cba.org/bc or contact the CBABC office.
Alisa Noda – The Spirit of Community
on July 3, 2007, an important centre of community was lost. Alisa noda was, and will remain, an inspiration to anyone who knew her. In her work in Aboriginal law, West Coast leAF, and in her own neighbourhood, Alisa noda acted as a convener, facilitator, negotiator, and advisor. Her work in the legal profession spanned two and a half decades, beginning at Justice Canada, and ending with the firm of noda and Associates. In every place in her life, Alisa believed in collaboration, and the idea that the contributions of a diverse group of individuals would always produce a better result.
over the years of West Coast leAF, many women and men have contributed their time, expertise, money, and passion for equality. The organization, like all non-profits, has had times of change and times of great stress. Sometimes the issue is funding (as the recent closure of nAWl attests), sometimes it is internal politics, sometimes it is an external challenge. often a fork in the organization’s life will appear in those times – one path leading to a painful closure, another path leading to dynamic redefined role. Taking the right path requires true leadership at the helm, something all non-profits seek.
Alisa was certainly such a leader for West Coast leAF. The CbAbC recognized her contributions to West Coast leAF when she was awarded the Community Service Award in 2005. And her commitment to the organization cost her – she once estimated that her income went down by $20,000 a year while she was Chair of the Board. She also donated over $10,000 to West Coast leAF above and beyond her time, good humour, intelligence, and ubiquitous red pen!
losing a friend and colleague is never easy, but Alisa would not have asked for a lot of attention or maudlin grief. She only asked, as she did when she was alive: that one take one’s profession seriously; do what is right and just in one’s work; give to community in whatever ways one can; and serve one’s clients with dignity and respect. Thank you, Alisa.
Alisa noda
CBABC Women Lawyers Forum
Announcing the Women Lawyers Forum Signature Event Luncheon Featuring Maureen McTeer Speaking About
“Sex, Law & Politics: Life Lessons from the Trenches”
Wednesday, February 13, 2008
Four Seasons Hotel, Park Ballroom
791 West Georgia Street, Vancouver 12:00 p.m. - 2:00 p.m.
lunch will be followed by a dessert buffet where you will have the opportunity to meet ms. mcTeer and network with other attendees.
The b.C. Women lawyers Forum invites you, your clients and colleagues, to hear maureen mcTeer speak on her myriad life experiences as a lawyer, mother, author, women’s health activist and volunteer. Her story is both revelatory and inspirational. maureen mcTeer is the accomplished wife of former Canadian Prime minister, Joe Clark. She spent years in the public eye, arousing controversy simply by pursuing her own career and by keeping her maiden name. She describes her years as a lawyer dedicated to working for women’s equality and health, while learning to be her own woman in an era of mixed messages. In addition, as an acknowledged expert on reproductive technologies and genetics, ms. mcTeer examines a wide range of issues raised by science, such as how the development of genetic technology increasingly affects our lives, creating both ethical and legal concerns. building on her best selling autobiography, In my own name, maureen will speak about personal struggles and professional triumphs; and will share her insights into the urgent priorities she sees for all Canadian women this decade.
Please join The Women lawyers Forum at this unique networking event and, learn about The Women lawyers Forum whose purpose is to promote and support the advancement of the stature and influence of women in the legal profession.
mark your calendar and go to www.cba.org/bc (Sections & Groups > Women lawyers Forum) for ticket information and for a full report on Women lawyers Forum activities in 2007!
Branch and Bar Calendar (see cba.org/bc for details)
december 2007 – January 2008
December 1 New Westminster Bar Association Christmas Party (Hart House)
CBABC Provincial Council (Delta Airport Hotel, Richmond)
maureen mcTeer
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.
Alpine Resort Ski/Snowboard Passes
Get yours now. These will sell out fast!
Having world-renowned winter resorts throughout b.C., the CbAbC offers incredible discounts to members at some of the best mountains. Whether you spend your winters at scenic Sun Peaks, breathtaking Silver Star, unforgettable Big White, or home of the 2010 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 website for details.
Boutique Items
Auto Leasing/Sales
Check out ProGroup Sales and Leasing, Carter Auto Family or Afrique Enterprises for member preferred rates that offer you and your family substantial discounts on the purchase or lease of a vehicle.
Stanley Theatre
use your CbAbC discount to enjoy a “Tale as old as time, song as old as rhyme.” brilliantly adapted from the Academy Award–winning animated film. This muchloved spectacle will thrill you with its show-stopping musical numbers, astonishing sets, and lavish costumes. Running from December 6, 2007 – January 6, 2008 at the Stanley Industrial Alliance Stage. “Holiday family hit makes magnificent return” – The vancouver Sun.
Vancouver Opera
vancouver opera is admired around the world for presenting exciting productions of high quality, for the estimable playing of its orchestra, and for attracting artists of international stature. Check the website for CbAbC discounts.
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.
Bugatti Cases
The CBABC is continuing to offer Personalised Lawyers’ Cases at substantially discounted prices. These high quality bags can be personalised with your name, initials, or law firm name. bugatti bags, also, make a perfect Christmas gift.
Rogers Wireless
CbA members receive exclusive pricing and airtime options.
Vancouver/Victoria Symphony
CbA members save 15-20 per cent on regular priced tickets with both the vancouver Symphony and victoria Symphony.
Park’N’fly
Park’N’Fly: 20 per cent discount on yvr Parking.
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Please complete this form and fax back to 604-669-9601/ toll-free 1-877-669-9601 or sign up by e-mailing your information to members@bccba.org.
Bar Moves
Have you recently changed firms or opened a new firm? Send submissions (maximum 25 words) to bar moves at cba@bccba.org.
LEE T.J. FISHER has joined the firm of Buckler Shaver LLP in Victoria as Associate Counsel where he will continue to practise in the areas of corporate commercial, real estate, and wills and estates.
Legacy Tax + Trust Lawyers is pleased to announce that Mark D. Lavitt and Cheyenne J.H. Reese have joined our firm. MARK D. LAVITT will practise in the areas of domestic and international tax planning and tax litigation. CHEYENNE J.H. REESE will practise in the areas of cross border U.S.-Canada tax planning, national and international trust planning, and estate planning.
MITCHELL COULING, formerly of Woodward & Company, recently joined the firm of Devlin Gailus as associate counsel, practising exclusively for aboriginal clients.
JEFF WUST joined Lang Michener’s Vancouver office in September 2007 as an associate in the Venture Capital Group, after articling with the firm to fulfill his B.C. Bar requirements.
Laurel Bieber of Bieber Law Corporation is pleased to announce the arrival at her Prince Rupert offices of articled students KEITH SABEY and MIKE JUKIC
OnPoint Law Corporation, a firm of contract lawyers for hire by lawyers and law firms, is pleased to welcome PAULINE GARDIKIOTIS to the firm as an associate. Pauline, a 10-year call, practises in the areas of civil and commercial litigation.
MATTHEW TAYLOR has joined Quigg Development Corp. as Corporate Counsel, where he will be managing the company’s legal affairs.
MARY JANE BENNETT joined Lang Michener’s Vancouver office in October 2007 as Associate Counsel in the Business Law Group, bringing to Lang Michener three decades of practice experience in administrative law, civil and criminal litigation.
HELENE WALFORD has joined Wilkinson & Company in Kelowna and is practising general civil litigation with an emphasis on personal injury and construction law.
PALBINDER K. SHERGILL of Shergill & Company, Trial Lawyers and her associate KULJIT K. SANDHU has moved from their Guildford location to Surrey. They are now located at Suite 286, 8128 – 128th Street, Surrey, B.C. V3W 1R1.
Bernard & Partners of Vancouver is pleased to announce KRISTIL HAMMER has joined the firm as a corporate and commercial associate. Bernard & Partners has been recognized by Canadian Lawyer as the leading maritime boutique in Canada and by Lexpert as “most frequently recommended” for maritime work.
LINDA D. THOMAS has joined Springford Patrick Law Corporation in Kamloops where they practise commercial, corporate, wills, estates, and real estate law. Linda’s practice includes providing these legal services to First Nation individuals, organizations, and businesses.
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. ? ? ? ? ?
Jeff Wust
NEW MEMBERS
The CBABC Branch welcomes its newest members! The following new members joined in the months of September and October of 2007:
Regular Members
PETER BRIGHT
L. Allison Maxwell Personal Law Corporation Maple Ridge
TIMOTHY C. HINKSON Peck & Company
Vancouver
STEPHEN EDWARD KING Cox, Taylor
Victoria
EMMA MICHIELSEN Twining & Short
Vancouver
PAUL J. MILLER Branch MacMaster
Vancouver
HOPE CHARLENE MURPHY Shook, Wickham, Bishop & Field Campbell River
ANTHONY D. PRICE Farris, Vaughan, Wills & Murphy LLP
GENEVIEVE TAMOSIUNAS Ministry of Attorney General –Legal Services Branch – Health and Social Services
Victoria
JASON WANG Anderson Sinclair Richmond
SCOTT WRIGHT Gordon & Sutherland
Vancouver
JEFFREY D. WUST Lang Michener LLP
Vancouver
MELODY YIU
Vancouver
Scholars
FAIYAz DEAN
Bacchus Corporate and Securities Law
Vancouver
CATHERINE HOFMANN North Vancouver
JANINE ROLLINS
Vancouver
Articling Students
JOANNE A. ANDERTON Farris, Vaughan, Wills & Murphy LLP
Vancouver
CORIN BOWMAN Lang Michener LLP
Vancouver
ELLEN EUN-HA CHOI Gowling Lafleur Henderson LLP
Vancouver
ROBERT CONNOLLY
Jones Emery Hargreaves Swan
Victoria
ERIN J. CUTLER Harris & Company
Vancouver
ELENA DO Borden Ladner Gervais LLP
Vancouver
KIRIN DUHRA Legal Services Society Kamloops
BEN EBERHARD Farris, Vaughan, Wills & Murphy LLP Vancouver
ROSANNA FARRELL Legal Services Society
Vancouver
SUSAN GILCHRIST Owen Bird Law Corporation Vancouver
JOANNA JOHNSON Borden Ladner Gervais LLP
Vancouver
EUGENE KING
B.C. Public Interest Advocacy Centre
Vancouver
DANIEL LAU Lang Michener LLP
Vancouver
ROBERT B. LILLY Farris, Vaughan, Wills & Murphy LLP
Vancouver
CLEBC Update
CLEBC WEBCAST ARCHIVE NOW AVAILABLE; EDWARD WILSON RECEIVES LEADERS IN LEARNING AWARD
Access to the Webcast Archive is now available at the CLE Online page of CLEBC’s website. All courses delivered as live Webcasts will be available through this subscription service; subscribers will be able to access presenter PowerPoint slides, audio recordings, and course materials in PDF format. ClebC has already archived over 200 modules covering more than 20 different practice areas, and will archive approximately 30 new courses per year within one month of their live Webcasts.
ClebC is delighted to announce that edward l Wilson has received the 2007 leaders in learning Award. This award recognizes volunteers who have made exceptional contributions to continuing professional education. Mr. Wilson’s significant involvement with ClebC includes editorial board service and contributions to the b.C. real estate Practice manual, the b.C. real estate Development Practice manual, the mortgages Practice manual, the Due Diligence Deskbook, and the land Title Transfer Forms Guidebook mr. Wilson has also presented at many Cle courses, and has been instrumental in educating the profession about new legislation such as the Strata Property Act and the initiation of the land Title office e-filing system.
LISA MACKIE McCormack & Company Law Corp.
Vancouver
MOHAMMAD A. MANKI Farris, Vaughan, Wills & Murphy LLP
Vancouver
ALLISON MCLISTER Borden Ladner Gervais LLP
Vancouver
MICHELLE MERRY
Harper Grey LLP
Vancouver
JOVEN NARWAL Borden Ladner Gervais LLP
Vancouver
HELEN RACIC
Vancouver
RODNEY SCOLLARD Miller Thomson LLP
Vancouver
CATHERINE WONG
B.C. Civil Liberties Assoc.
Vancouver
To view all new members, including the 197 Law Students, please visit uuu http://www.cba.org/bc/ bartalk_06_10/12_07/new_members.aspx.
The Board of Governors of the Law Foundation of B.C. met on October 13, 2007. Chair Warren Wilson, QC is pleased to announce that funding totalling $23,614,293 was approved for 105 projects.
Funding totalling $20,107,547 was approvedforthefollowing20projects:
850,000
B.C. COALITION TO ELIMINATE ABUSE OF SENIORS Older Adults Law Clinic Project
786,122
B.C. COURTHOUSE LIBRARY SOCIETY
Enhanced Access – Legal Information at Public Libraries – Phase II
872,000
B.C. DISPUTE RESOLUTION PRACTICUM SOCIETY
Operational Funding
337,718
CENTRE FOR EDUCATION, LAW AND SOCIETY, SIMON FRASER UNIVERSITY Legal Literacy for Youth Project
1,500,000 CONTINUING LEGAL EDUCATION SOCIETY
Enhanced Access to Continuing Legal Education Project
283,389 LAW COURTS EDUCATION SOCIETY
B.C. Law and Citizenship Curriculum Assessment Project
72,820 LAW COURTS EDUCATION SOCIETY
B.C. Teacher Law and Citizenship Institutes Project
484,500 LAW FOUNDATION OF B.C./ LEGAL ADVOCACY TRAINING NETWORK
Development of Training Program for Legal Advocates
1,055,000
LAW SOCIETY OF BRITISH COLUMBIA Public Access to B.C. Statutes Project
1,659,157
LEGAL SERVICES SOCIETY Civil Hub Project
500,000
LEGAL SERVICES SOCIETY
Expansion of Family Hubs/Family Law Resource Centres Project
350,000
LEGAL SERVICES SOCIETY
Holistic Legal Aid Initiative
300,000
MOSAIC
South Asian Legal Education Program on Violence Prevention
943,148
NATIVE COURTWORKER AND COUNSELLING ASSOCIATION OF B.C.
Aboriginal Family and Youth Advocacy Initiative
29,793
NORTH SHORE MULTICULTURAL SOCIETY
Legal Information Project for Healthy Relationships
300,000
SOuTh frASer WOmeN’S ServICeS SOCIETY
South Asian Legal Educator Project
6,000,000
UNIVERSITY OF BRITISH COLUMBIA, FACULTY OF LAW
Building Fund
3,000,000
UNIVERSITY OF VICTORIA, FACULTY OF LAW
Increased Capital Grant to University of Victoria Law School
343,900
UNIVERSITY OF VICTORIA LAW CENTRE
Holistic Legal Aid Initiative
440,000
VARIOUS ORGANIzATIONS
Articling Fellowships
Funding totalling $1,270,497 was approved for the following organizations for 32 Public Legal Education and Information Portal developmentgrants.
B.C. Civil Liberties Association
B.C. Coalition of People with Disabilities
B.C. Coalition to Eliminate Abuse of Seniors
B.C. Courthouse Library Society
B.C. Freedom of Information and Privacy Association
B.C. Law Institute
B.C. Public Interest Advocacy Centre
Canadian Bar Association, B.C. Branch
Community Legal Assistance Society
Greater Vancouver Law Students Legal Advice Program
Law Courts Education Society
MOSAIC
People’s Law School
PovNet
Pro Bono Law B.C.
Tenant Resource and Advisory Centre
University of Victoria Law Centre
West Coast Environmental Law Association
West Coast LEAF Association
Funding totalling $2,236,249 was approved for 53 Capital/ Infrastructure grants to Law Foundation continuing grantees.
Abbotsford Community Services Society
Active Support Against Poverty
Atira Women’s Resource Society
Battered Women’s Support Services
B.C. Civil Liberties Association
B.C. Coalition of People with Disabilities
B.C. Coalition to Eliminate Abuse of Seniors
B.C. Families in Transition
B.C. Freedom of Information and Privacy Association
B.C. Law Institute
B.C. Public Interest Advocacy Centre
Canadian Bar Association, B.C. Branch
Community Connections of Southeast B.C.
Community Legal Assistance Society
Contact Women’s Group Society
Debate and Speech Association of B.C.
Environmental Law Centre
Greater Vancouver Law Students’ Legal Advice
Society
Haida Gwaii Legal Project Society
Island JADE Society
Kamloops and District Elizabeth Fry Society
Ki-Low-Na Friendship Society
Law Courts Education Society
Law Society of B.C.
Legal Services Society
MOSAIC
MPA – Motivation, Power & Achievement Society
Multiple Sclerosis Society, B.C. Division
Nelson District Community Resources Society
Nicola Valley Family Justice Services Society
People’s Law School Society
Port Alberni Friendship Centre
PovNet Society
Prince Rupert Unemployed Centre Society
Pro Bono Law of B.C. Society
Pro Bono Students Canada – UVIC
Quesnel Tillicum Society
Salvation Army Belkin House
South Fraser Women’s Services Society
South Peace Community Resources Society
Tenant Resource and Advisory Centre Society
Together Against Poverty Society
University of British Columbia First Nations
Legal Clinic
University of Saskatchewan
University of Victoria Law Centre
West Coast Domestic Workers’ Association
West Coast Environmental Law Association
West Coast LEAF Association
Western Canada Society to Access Justice
Forfulldetailsoftheprograms andprojectsthatreceivedfunding, pleasevisitTheLawFoundation of British Columbia’s website at www.lawfoundationbc.org.
CLASSIFIED (per line)
CbAbC members/Firms
Commercial organizations
Next deadline: January 11
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Commercial organizations
6” x 2.5”
CbAbC members/Firms
Commercial organizations
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INSERT (all of B.C.)
CbAbC members/Firms
Commercial organizations
Next deadline: January 17
Next mailing: February 8
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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
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