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FEBRUARY 2008

volume 20, number 1

British Columbia Loses Three Legal Giants

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his January saw the deaths of three of British Columbia’s legal giants; Merrill Leckie, Marvin N. Stark, QC, and Allan McEachern, all within the space of one week. These men dramatically impacted and shaped the law, provincially and beyond. It is therefore fitting that we use this space to reflect and honour the lives and careers of these three luminaries while commemorating the attributes that made them respected and celebrated leaders in B.C.’s legal community. On January 5, 2008 Merrill Leckie passed away after a distinguished and storied career as a dedicated legal professional in this province. Born in Vancouver in 1933, Merrill graduated from UBC with degrees in Commerce and Law. He practised law in Vancouver for 42 years with Watson Goepel Maledy LLP. In a clear demonstration of his desire to give back to his profession and the community, Mr. Leckie served as the president of the Canadian Bar Association, B.C. Branch in 1986. He also was president of the B.C. Arbitration & Mediation Institute, and B.C. president of the Council for Canadian Unity. In 1998, Mr. Leckie was named the recipient of the Louis St-Laurent Award of Excellence that recognizes distinguished or exceptional service in meeting with the goals of the CBA. Three days later Marvin Stark, QC passed away unexpectedly, but peacefully, in his sleep,

www.cba.org/bc

having enjoyed distinguished dual careers both as a lawyer of 50 years and as a business law professor at Simon Fraser University. Two highlights of Mr. Stark’s legal career include being appointed to the rank of Queen’s Counsel in 1992, and being the recipient of the Queen’s Golden Jubilee Medal in 2002. Sadly, Allan McEachern passed away two days later on January 10. Mr. McEachern had a well documented legal career. He practised with Russell & DuMoulin until 1979, when he was appointed a justice of the B.C. Supreme Court. He became Chief Justice in 1988 before being elevated to the B.C. Court of Appeal as Chief Justice. Following his retirement, Mr. McEachern was elected as chancellor of the University of British Columbia in June 2002 and was re-elected in 2005, a position which he held until his death. He was a progressive Chief Justice in that he initiated and encouraged the use of computers by all judges, set up an interactive web page and created a Legal Compendium for the public to keep abreast of legal decisions. Actively contributing to their profession right up until their deaths, these three men are prime examples of the excellence within Canada’s legal community. Their careers stand as examples for all young and aspiring lawyers of what can be achieved with dedication, persistence and professional virtuosity. They will be sorely missed. BT


FEBRUARY 2008 UP FRONT

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From the President Executive Director National News Sections Practice Talk

by David J. Bilinsky

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Nothing Official

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As the flood of advertisements reminds us, February is RRSP month. However, retirement planning goes far beyond picking the right mutual funds for our last minute contributions and this may be an opportune time to consider one’s long-term financial and career plans. For this reason, the current issue of BarTalk focuses on sound retirement planning and complex issues involved in the succession of your practice.

Investment Fees Take a Bite out of Savings

by Tony Wilson

by Dave Hodgson

On the Web

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Irreplaceable in Retirement

by Patricia Jordan

by Ted Mark

Acts in Force

IN THE BACK

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FEATURED THIS ISSUE

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LEGISLATIVE UPDATE 14

volume 20, number 1

Events | Calendar Member Services Bar Moves Partners | Membership

Continuing Legal Education Society The Law Foundation of B.C.

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Classified Ads

GUEST CONTRIBUTORS

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A Day in the Life of a Small Boutique Firm

by Jeff Frame

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San Francisco 2007 Recap

by James Bond

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Law Week 2008

Access to Justice: Breaking Down Barriers

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25 Years of Dial-A-Law: Power to the People

by John Blois

Health & Wellness TIP Exercise uuu To make exercise fun, choose activities you enjoy and that can become part of your regular routine. If you find yourself regularly postponing exercise, get support by making plans with a friend or joining a class.

courtesy of interlock 1-800-663-9099 

BARTALK February 2008


LETTERS TO THE EDITOR

Canadian Bar Association, B.C. Branch 10th Floor, 845 Cambie Street Vancouver, B.C. V6B 5T3 Tel: 604-687-3404 Toll-free (in B.C.): 1-888-687-3404 bartalk@bccba.org

BarTalk is published six times per year by the Canadian Bar Association, British Columbia Branch. BarTalk Senior Editor Jesse Tarbotton BarTalk Editor Deborah Carfrae Staff Contributors Fran Hodgkins Paul Niebisch Editorial Board Chair Dierk Ullrich Editorial Board Members Paul Arvisais James M. Bond Nicole Holas Jack Micner Pamela Murray Gurminder Sandhu Barinder Sanghara Craig Watson Barry Zacharias © Copyright the British Columbia Branch of the Canadian Bar Association 2008. This publication is intended for information purposes only and the information herein should not be applied to specific fact circumstances without the advice of counsel. The Canadian Bar Association, British Columbia Branch represents more than 6,000 B.C. members and is dedicated to improving and promoting access to justice, reviewing legislation, initiating law reform measures and advancing and improving the administration of justice.

BarTalk Publication Sales Agreement #40741008

ONLINE MARKETING: BLAWGS PART 1 – Patricia Jordan (VOL. 19, No. 6)

Send your Letters to the Editor 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

Thanks for the nice write-up on my blog in your article. I like the fact that you laid out some of the publishing options for starting a blog. This will be helpful to anyone starting a legal blog now. I didn’t know the options when I started, and I just stumbled on to blogger. It would have been nice to read an article like yours first. – Stanley Rule

I enjoyed your article in this month’s BarTalk. Our video game law department started blawging a couple of years ago (www. VideoGameLawBlog.com). It’s been a lot of work, but well worth it. I’d be happy to chat if you need any more material for your next article. – Chris Bennett, Video game and Intellectual Property Law, Davis LLP RE: Practice Talk – David Bilinsky

Thanks for all the Practice Talk articles that you have written over the years. I enjoy your approach and suggestions and I felt it was time to give you some feedback! – Keith Thompson, Owen Bird Law Corporation Law Firm Names in the Age of Google – Tony WIlson (Vol. 19, No. 5)

I get a curious mention in your October BarTalk column. I would have to clear things with the rest of my partners here first for the proposed merger. – Mark Hilton, Bernard & Partners Re: my cousin Brittany. I don’t care what they say as long as they spell my name right. – James Spears, Remedios & Company

February 2008 BARTALK




from the president

KenNETH WaLton

The Seven Per Cent Solution

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the special funding preserve of citis I travel around the zens who must use legal services. province in my role My view is that on this issue as President, I have our profession is regarded as a become convinced de-clawed, toothless tiger that, at that were I running for elected best, can only give the political office, and were the voters lawpeople a bad gumming. yers, I would win in a landslide if I So, what more can we do? promised to eliminate the PST tax I have a suggestion. Very soon on legal fees. political parties will ask you for Last summer the 14 largest law contributions, toward the May, firms in Vancouver sent a letter to Kenneth Walton 2009 provincial election. Lawyers the responsible Minister pointing President 2007/2008 are a favourite target group for out the flaws in the tax includB.C. Branch such requests. ing the (unprovable) thought that Canadian Bar Association My contribution will be accomsophisticated clients could avoid it panied by a letter advising that it is seven per cent less altogether by having B.C. legal work done in non-tax than it would have been had the provincial sales tax jurisdictions as Ontario or Alberta. The reply said in so on legal fees not been in existence. many words that the government did not believe this. I will advise my party that come 2013 election, We know anecdotally that this happens frequently. if the provincial sales tax on legal fees still exists, my We are the only profession singled out to collect contribution will not be seven per cent less, but will this tax. The tax remains despite the fact that last be 100 per cent less. July the Finance Minister announced a four point If we all do that, it probably will not mean much one billion dollar surplus, and around the end of in terms of reduced dollars to a particular candidate December oil and gas revenues were said to be one in the 2009 election. On the other hand, your candibillion dollars greater than expected. Our governdate may become aware of this ment appears to be very well “My contribution will not be issue by that simple act (most funded, if not awash in cash. MLAs seem unaware of it). For five consecutive years seven per cent less, but will be I intend to make sure my CBABC presidents have 100 per cent less.” candidate knows the reason appeared before the legislafor my reduced contribution by speaking to the tive committee that annually examines and makes candidate. I will do that, as I am told, usually the recommendations on tax policy. The last legislative person collecting political contributions does not pass committee’s recommendation was not to eliminate such information on to the candidate. the tax, but rather, to apply it to legal aid funding. It is up to our profession to keep this issue in The Canadian Bar Association, B.C. Branch and the the forefront before those good women and men we Trial Lawyers Association of B.C. have both passed elect. It’s an important issue to most of our clients resolutions that the tax be eliminated regardless whether they realize it or not. of the justification touted for its imposition. The I wish you success in your personal and practice CBABC position remains that legal aid funding is the responsibility of the taxpayers as a whole and not life. BT



BARTALK February 2008


CAROLINE NEVIN

EXECUTIVE DIRECTOR

Yes, the Profession is Aging Getting beyond the doom and gloom

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he “aging of the proGet rid of the age barriers and fession” is viewed start thinking in terms of compewith deep concern; in tence. I’ve met plenty of amazing fact, it’s beginning to lawyers who are smarter and more take on the feel of a Y2K-sized alive to the joy of contributing panic. Everyone is bracing for an now than they were 20 years ago. exodus of brains, experience and Don’t push people out unnecessar– let’s be realistic – high-end ily. If there’s interest on both sides, earning power. Much wringconsider an arrangement for parting of hands is occurring about time work or limiting work to the few coming in behind, their favourite files (the new buzzword Caroline Nevin absence outside of big cities, and is “phased retirement”). Executive Director their (outrageous!) demands for To attract new lawyers to your B.C. Branch work/life balance instead of killer beautiful but remote community, Canadian Bar Association billable hours. think about banding together as a Much as some of us would local bar and paying to bring them appreciate it, we can’t wave a magic wand and make to town to try you on for size. Think about a Shared half the Boomers 20 years younger to balance out Articles arrangement (see www.cba.org/bc under our demographic. And, unlike Y2K, we can’t throw Initiatives). Chances are you’ll be able to offer new money at a consultant to make the problem go away. lawyers hands-on experience beyond their years, and That leaves us with only two options: ignore it, or everyone wins with a new local lawyer to share the adjust to change. workload (remember that phased retirement idea?). Ignoring it has obvious problems, but so far, it Think about how to support community seems to be working just fine for a lot of people. For engagement. Lawyers want to make a difference in those of you less inclined to let life “just happen” and the world. An employer’s commitment to pro bono more optimistic about the opportunities that change and community service is a growing factor in how brings, I have a few suggestions. young lawyers in particular view and choose their Start from the premise that any employer gets jobs. Visit www.probononet.bc.ca for ideas. Older more from happy employees. Different things make lawyers have lots to offer too. In fact, the ABA different people happy; that means we have to established a separate “Second Season of Service” experiment – and occasionally fail – in order to Commission and website, in recognition that latefind out what works best for each person. This is career lawyers want to contribute their legal expertise a challenging concept when you’re in the business and knowledge to others. of precedents, structure and unbending tradition. Lastly, stop viewing senior lawyers as being one Managing people was much easier when it was: big homogenous group; just because the statisticians “here’s what you have to do and here’s what we’ll do, doesn’t mean we have to buy in to it. Eliminate pay you to do it.” That’s just not going to work ageism in your thinking and in your policies; start anymore. Quality of life really counts. Check out thinking in terms of competence and contribution. www.cba.org/practicelink for recruitment and Never get in the way of anyone’s potential to aspire retention advice. to do great things – young or old. BT February 2008 BARTALK




national news

Security Certificate Legislation (Bill C-3) Needs Further Amendments The CBA says Bill C-3 (amendments to the Immigration and Refugee Protection Act) requires further changes to meet the constitutional standard outlined by the Supreme Court of Canada. Isabelle Dongier of Montreal, a member of the National Citizenship and Immigration Law Section, presented the CBA submission to the Public Safety and National Security Committee in November. The CBA recommends a number of changes to improve the legislation, including: • The government must disclose all relevant information to the court and special advocate, not just the evidence the government believes is helpful. • Special advocates must have continued contact with the named person after reviewing the secret evidence, subject to an obligation not to disclose the secret evidence. • Special advocates must have sufficient logistical and administrative support to effectively challenge the government’s confidential evidence. News Release uuu http://www.cba.org/CBA/News/2007_Releases/2007-11-29_c3.aspx Submission uuu http://www.cba.org/CBA/submissions/pdf/07-59-eng.pdf

2008 Mid-Winter Meeting of Council, Feb. 21 to Feb. 24 Four great reasons to come to the CBA Mid-Winter Meeting in Yellowknife: • Continuing Legal Education, Feb. 21. Standing at a Crossroads: How are Indigenous Perspectives Influencing the Evolution of Canadian Law?

• Advocacy on behalf of the profession: The CBA’s Task Force on Conflicts of Interest will present its • •

interim findings following the consultation with members that took place this fall. Meet the candidates for National 2nd VP. Paul N.K. Smith of Yellowknife and Rodney A. Snow of Whitehorse will outline their priorities. Networking: Opportunities abound, including: Welcome and Late Night receptions; At-Home and President’s dinners; Northern Lights at the Aurora Village; tours, dog-sledding, and much more!

Details and Registration http://www.cba.org/midwinter E-mail: mtgs@cba.org Phone: 1-800-267-8860 ext. 157



CBA to Intervene at Supreme Court of Canada

Young Professionals’ Internship Program 2008-2009

The Supreme Court has granted CBA leave to intervene in Privacy Commissioner v. Blood Tribe. At issue is whether the Privacy Commissioner of Canada can compel the production of documents when a claim of solicitor-client privilege is asserted in the context of an investigation under the Personal Information Protection and Electronic Documents Act (PIPEDA). Mahmud Jamal and Craig Lockwood, of Osler in Toronto are acting as CBA’s pro bono counsel.

Young lawyers interested in overseas placements in Latin America, the Caribbean, Africa, and South East Asia are invited to apply to the CBA-administered Young Professionals International Program. The eight-month placements are offered to lawyers who are 30 years old or younger, interested in contributing to human rights and legal development, and to getting international experience. Airfares, accommodation and expenses are paid. Details uuu www.cba.org/CBA/IDP/YIIP/

BARTALK February 2008


news

CBA President Honours Former Chief Justice Antonio Lamer In his remarks at the Supreme Court of Canada’s special memorial for the Rt. Hon. Antonio Charles Lamer in December, CBA President Bernard Amyot praised the former Chief Justice as a great defender of rights and liberties – a jurist who served Canada and the legal profession with pride and dignity. “The Canadian legal profession remembers Chief Justice Lamer with great fondness for his dedication to improving the justice system, his steady guidance in presiding over some of the great challenges of our time, and for his exceptional warmth,” said Mr. Amyot. The President also reflected on the legacy that Antonio Lamer leaves the judiciary, the legal profession and the CBA. “He will also be remembered as a resilient defender of the Rule of law and of judicial independence. He held steadfast to the view that the Judiciary must be in a position to resist the political pressures of public criticism. And he was always appreciative of the CBA’s support.”

The 50 Year Pin Mr. George McMinn, QC, Chief Clerk of the Legislative Assembly of British Columbia receives his 50 year pin from CBABC’s Joanne Silver. January 2008 marked Mr. McMinn’s 54th continuous year of membership in the Canadian Bar Association. B.C. Branch President Kenneth Walton initiated the pins as recognition of the membership and service of CBABC lawyers in our province.

Section Enrolment BONUS OFFER Winners 2007/2008 CBA members who enrolled in this Section activity year before August 17, 2007 were eligible to win the “Early Bird Sign Up Bonus Offer” of two gift certificates toward CLEBC products and two complimentary one-day CLEBC courses. Entered in the draw were 2,093 Section members. The winners are: 1. Gift certificate of $700 to be used toward any CLEBC product(s) of the winner’s choice: Laurie A. Fenlon, Fasken Martineau DuMoulin LLP, Vancouver 2. Complimentary registration to a regular, one-day CLEBC course: Susan A. Copland, Investment Industry Association of Canada, Vancouver 3. Complimentary registration to a regular, one-day CLEBC course: Kimberley D.B. Norris, Ministry of Attorney General – Criminal Justice Branch, Victoria 4. Gift certificate of $300 to be used toward any CLEBC product(s) of the winner’s choice: Christopher G. Devlin, Devlin Gailus, Victoria It’s not too late to enroll in Sections. Contact the B.C. Branch office at 604-687-3404 or toll free 1-888-687-3404 or e-mail sections@bccba.org. Once again, the CBABC wishes to thank CLEBC for their generous donation. February 2008 BARTALK




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. Aboriginal Law – Vancouver Meeting: December 4, 2007 SpeakerS: Christopher Devlin, Devlin Gailus, Victoria; Paul Yearwood, B.C. Attorney General, Legal Services; Mary French, Department of Justice Topic: Willson v. A.G.B.C., 2007, BCSC 1324

Can a band of Indians sue or be sued in its own name? Who should be consulted? The issue of the legal capacity of Indian bands has plagued aboriginal law for years in a number of contexts. Christopher Devlin, Paul Yearwood, and Mary French were counsel involved in the Willson v. A.G.B.C., 2007, BCSC 1324 case which canvassed these questions. They discussed new developments on what McEachern CJSC (as he then was) once termed “an open question”: whether Indian bands are juridical persons capable of suing and being sued. Mr. Devlin, counsel for the Plaintiffs, gave an overview of the case and its background. He explained the major issue in this case which is the location of the western boundary of Treaty 8, signed in 1899 by groups of Beaver and Cree people. He then discussed the issue addressed in this interlocutory decision, noting that it was the first B.C. judgment to explicitly confirm that Indian bands may sue and be sued in their own name. Mary French, counsel for Canada, discussed the current legal status of Indian bands, the development of case law regarding the ability of Indian bands to sue or be sued in their own

name and the use of representative proceedings in the future. Ms. French explained the legal capacity of an Indian band making reference to the fact that neither the Indian Act nor any Act of Parliament defines the legal status of a band, which puts into doubt the legal rights and capacities of an Indian band. Mr. Yearwood, counsel for British Columbia, discussed the procedural law related to the British Columbia Supreme Court Rules which say that a “person” can commence or defend a matter in the Supreme Court but makes no reference to bands or First Nations. The guest speakers prepared and circulated their presentations to members in attendance. The attachments were also circulated with the Section’s minutes. Family Law – Victoria Meeting: November 19, 2007 SpeakerS: Richard Stewart and Kathryn Berge, QC Topic: Proposals for a Code of Conduct for Family Law Practitioners in British Columbia

Mr. Stewart discussed the topic, namely, whether there should be a code of professional conduct for Family Law lawyers and whether that code should be voluntary or mandatory. The history of this topic with the Law Society of B.C., which stemmed from the Family Justice Reform Working Group recommendation in May 2005, was briefly outlined. Mr. Stewart discussed codes and guidelines in other jurisdictions, such as

Section Chairs

SPOTLIGHT

Billy S. Garton

For the past several years, thirteen in fact, Billy Garton has been Chair of the Natural Resources – Forestry Law Section. A leading lawyer in the practice of natural resources and aboriginal law at Bull, Housser and Tupper LLP, Billy focuses on corporate mergers and acquisitions, primarily in the forest and mining industries. His experience as Section Chair has contributed to his valuable participation as a current member of the CBABC Sections Committee. His professional recognitions were noted in the 2006 and 2007 Best Lawyers in Canada publication and Canadian Legal Lexpert Directory. Mr. Garton is a frequent speaker at conferences regarding forestry and aboriginal law matters.



BARTALK February 2008


Australia, some US states, and the UK. The mandate of the task force, comprised of specific Benchers who practise family law, is to determine whether there should be a professional code of conduct and if so, whether that professional code should be mandatory or voluntary. Mr. Stewart spoke about why family law is different. There was a discussion about family law being the most litigated area of civil law and its long-reaching effects on children, as well as how the conduct of family law lawyers, as professionals, affects children. Ms. Berge and Mr. Stewart asked for direct feedback from members in attendance. It was generally agreed, after comments and discussion at the meeting, that it would be beneficial as a best practices and not as a code that required enforcement. International Assistance Meeting: September 26, 2007 Speaker: Nadia Khan Topic: Legal and Human Rights Development at the Law Society of Kenya in Nairobi

Ms. Khan gave a brief overview of Kenya, a country where 23 per cent of 30 million Kenyans live on less

than $1 per day. Some of the issues and challenges facing Kenya are constitutional and democratic reform, concerns of corruption within government, and the huge refugee influx from surrounding countries. There are 6,000 lawyers in Kenya and only 90 judges for a country whose population is similar to Canada. The Law Society of Kenya has 4,000 members, the majority of whom practise in major cities, particularly Nairobi. Ms. Khan took on many tasks as an intern of the Law Society of Kenya; specifically streamlining the communications and office work in the society and working on the human rights agenda of the society. She assisted with research and implementation of projects, and speech writing. Her high levels of involvement were met with challenges including corruption. One of her accomplishments in Kenya was writing a funding proposal for the Kibera Community Youth Group which was successful in receiving a significant amount of financial support. She also participated in the development of a national legal aid program. Ms. Khan’s internship in Kenya was part of the CBA’s Young Professionals International Program. BT

ADR – Victoria and Civil Litigation – Vancouver Island (Jointly) Meeting: November 27, 2007 Speaker: Nancy J. Cameron, QC Topic: Collaborative Practice in the Civil Context

Nancy Cameron, QC, gave a presentation as to why she believes that civil practice is the next area for collaborative law. The process involves clients and lawyers signing a participation agreement that includes the retaining of neutral experts, as well From left to right: Mary Mouat, as a disqualification clause, meaning that both lawyers in the ADR-Victoria Chair, Guest collaborative process are fired if the process moves to litigation. speaker, Nancy Cameron, QC, Working a case through collaborative law means setting new and Charlotte Salomon, Civil rules for how you, as a lawyer, would negotiate. Transparency in Litigation-Vancouver Island Chair. negotiations is ensured by clients authorizing their lawyer to talk to the other side about all relevant matters. Lawyers’ roles are specifically defined at the beginning to assist in settlement. Of course, this means different advocacy skills for lawyers who are used to being involved in an adversarial framework. The keystone in collaborative law is good communication between the lawyers, enhanced by skills in interest-based negotiation. This model presents a move away from rights-based thinking, and lets clients frame issues to meet their needs. With the rising costs of litigation, clients are self educating and may in the future request collaborative practice instead of an adversarial one. There have been no cases in B.C. yet where there has been a collaborative process in a non-family law context, nor is there a statutory framework to support collaborative law. Lawyers looking to deal with clients’ claims in the collaborative way must be willing to undergo collaborative law training.

February 2008 BARTALK




PRACTICE TALK

david j. bilinsky

A Smooth Transition Silver steps to a golden future…

Nothings gonna touch you in these golden years,…

expectations? Younger partners, who have their own expectations as to work and income levels, are Words and music not particularly predisposed to payby David Bowie. ments or subsidies to non-full-time partners if they are not pulling in etirement. That one full-time revenue. Retiring partners word conjures up a may also have unrealistic expectahost of thoughts of a tions as to the value of their practice, golden time filled with particularly when it comes to their leisure activities, good health and “capital account” and how it is to be David J. Bilinsky is the Practice open vistas. Unfortunately, with paid out to them. Management Advisor for the the aging of the baby boomers, Furthermore, the whole specLSBC. E-mail: daveb@lsbc.org the thought of retirement of large Blog: www.thoughtfullaw.com tacle of retiring from the practice of number of lawyers creates headlaw can raise problems of anxiety, aches for law firms both in terms of depression and loss of self-esteem. trying to replace the retiring lawyers as well as trying Aside from the whole issue of planning from a to fund all their retirement expectations. For solos, financial perspective for your retirement (of which particularly those in the interior, they are facing the there are many resources on the Web and in print) there difficulty of trying to attract someone – anyone – into are all the law firm management issues in and around their practice to fill their succession needs. And all succession and retirement. Let us look at some of the lawyers need to turn their minds to the question of suggestions that have been put forward in this regard: illness or disability while still in practice and how the Plan needs of their clients, and the financial needs of their Nothing happens unless there is first a plan. family, would be met in such a situation. Accordingly, a good place to start is for the lawyer The reality is that most lawyers do not wish to sudor lawyers in the firm to envision a timeline and an denly retire; a more reasonable expectation is lawyers continuing to work with a lower time, and financial, expectation of what they need and want in terms of expectation. However, law firms have not typically their retirement. In many cases, this will mean develdealt with a large number of lawyers who are slowly oping a policy around part-time practice and transfer transitioning out of practice. The whole process of of files. Engaging all the lawyers of the firm into this transitioning lawyers to something less than full-time dialogue will ensure that at least all points of view practice raises its own host of issues. For one, most law are aired and discussed. There is no doubt that the firm financial models are based on full-time lawyers compensation formula must be adjusted to take into occupying the leased space and using the full-time staff account the lower hour and revenue desires of the accordingly. How do you adjust both the firm billing transitioning partner. Provided that a proper allocamodel as well as the firm financial equation if you have tion of overhead based on full-time and part-time partners can be reached, all parties could be satisfied lawyers in offices that are still priced at full overhead with the adjusted billable time and revenue targets rates but are occupied by lawyers who are billing out at and adjusted draws. less, and in some cases substantially less, than full-time

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BARTALK February 2008


Leverage

As full-time lawyers moved towards part-time practice, other staff must have the capacity to take up the slack. Younger lawyers stand to benefit here from both the mentorship as well as the exposure to higher value added work. Accordingly, a firm needs to put into place a plan to attract, retain, and groom younger lawyers to gradually take over the legal work. Client Transition

In larger firms, the move to client teams aids in the issue of transitioning clients and files towards younger lawyers. In smaller firms, the issue may be more acute, particularly if there is a perceived loss of income arising from the transitioning over of a client. It is suggested that the firm consider some adjustment incorporating client origination or some other factor to compensate the retiring partner during the period of transition. Let Go of the Stereotypes

To assist everyone in the “downshift” phase, it is important to keep the options open and not to cling to outmoded and inflexible plans and expectations. Dialogue and involving people within the process, can go a long way towards eliminating the speed bumps along the road to your goal. Plan for the Worst

It goes without saying that the best laid plans can be upset by sudden illness or accident. Every lawyer should have arrangements in place in the event of a sudden illness or accident for another lawyer to have the legal authority to take over their practice, protect the rights of the clients, and make such arrangements as are necessary in the circumstances. This includes incorporating wording into your will to allow a lawyer to deal with your law practice. With proper planning, vision, and implementation, a lawyer and law firm can look forward toward a reduction and eventual retirement of those active in the practice of law. The most important part of this puzzle is to start working on it – now – while you still have the time and luxury to explore different options. Every journey begins with a single step; proper planning will ensure that those steps take you to a place where nothing is going to touch you in those golden years. BT

DAVE's Tech tip Technology Tip from Dave’s Award-Winning Blog: (www.thoughtfullaw.com): My latest favourite Web Site: www.TripIt.com: All of us take a trip sooner or later. Organizing all the details can be a pain. Welcome to TripIt. TripIt works as follows: You register with TripIt (supplying the usual information) and establish an e-mail address and password. From there, you make your plane, hotel, car etc. reservations – and e-mail a copy of your confirmations to plans@tripit.com. Here is where the magic starts. TripIt starts a new itinerary for you – and as you add in your hotel to your plane reservations, car etc…. it automatically builds your trip itinerary for you. This is truly magic – you do *not* have to rekey in anything – TripIt scrapes or discerns your travel plans automatically – and adds in links to “online checkin,” “check flight status,” “get seating advice” as well as necessary info such as departure and arrival information. Hotel information is similarly organized... and includes a summary of the hotel room’s details (such as free internet). It also includes check out times, maps and directions from the airport to the hotel, weather information and such. You can invite in collaborators, add notes to the trip, and much more. This is one cool travel site and one that will have me coming back time after time. Hat tip to Tom Mighell and his blog Inter Alia, who also is the Chair of ABA TECHSHOW this year, for putting me onto this site!

The views expressed herein are strictly those of the author and may not be shared by the Law Society of B.C. February 2008 BARTALK

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nothing official

TONY WILSON

Taser Nation

Aren’t you glad you have one? Don’t you wish everyone did?

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y friend Patty is waiter. Besides, diffusing the situa flight attendant ation would take more time and working long-haul effort. Tasers are so convenient. flights from Europe They’re just like “Phasers” on Star and Asia. Sometimes, she has to deal Trek, aren’t they? ” with confused, irritable, and difficult But maybe Tasers are just too passengers at 35,000 feet who won’t convenient. The RCMP likes to say sit down when they’re told, (perthat no-one has ever died from a haps because they don’t understand Taser. They die from something English). “You know, if I had a called “excited delirium.” My docTaser, I wouldn’t have to smile or be tor says there’s no such thing as Tony Wilson is a Vancouver nice. I could just wait 25 seconds like “excited delirium” and that it’s Franchise Lawyer who has the RCMP does and Zap them into really just a term invented by Spin written for the Globe and their seats. Then I could get back Doctors because “Death by Taser” Mail, Macleans and Canadian Lawyer . A consumer line of to dealing with the easy passengers. is bad PR for the Taser industry. My Tasers is available online at I think we should all have Tasers. more cynical friends say that if the www.taser.com in a variety of Based on how I see the RCMP people who were killed by Tasers colours, including Leopard! use them, I’d use my Taser twice a were actually shot in the leg with a flight. They’re very convenient.” 9mm Glock, they might have lived. Larry sells furniture at a Big Box Store and has Or maybe the Glock wouldn’t have been fired at all. to deal with customers who get frustrated when they I think instead of everyone using Tasers, perhaps can’t find the right Sofabed. “You know,” he conwe should all buy pocket sized video cameras so that fesses, “sometimes when a customer stands up in the we could film the RCMP and other police forces at showroom holding a small chair, I don’t know if he’s every opportunity. If we filmed everything they did, dangerous, joking around, or if he’s trying to prop a they’d always know they were on someone’s video, and door open with it. If I had a Taser, I wouldn’t have to there’d be a record of what really happened. We could guess. I could just wait 25 seconds, and if he didn’t put see the truly brave and heroic things they do every day. the chair down, I could simply Zap him. You see, trying But we could also see if they actually used their policing to reason with an upset customer for more than 25 secskills to diffuse a complicated situation before they fired onds is just so time consuming and I’ve got a lot to do.” their Tasers, or they just got lazy. If all of us used our Roger waits tables at a restaurant that gets rowdy video cameras on the police, then nobody could spinon Friday nights. “Yeah” he says, “Sometimes a cusdoctor the facts to suggest there was a struggle when tomer gets real mad because his steak is overdone there wasn’t, or someone was dangerous when they or I forgot to put extra sour cream on the baked were just tired or confused or couldn’t speak English. potato. A Taser would sure help with these difficult Who knows, maybe the digital video will do for civil people. Of course, I’d have to wait at least 25 seconds liberties in this decade what the Charter did in the last. before Zapping them because that’s how long the However, I might be inclined to put my video on RCMP waits before they Zap someone. But that’s YouTube before ever offering it to the RCMP. I’ve OK because they have all that psychology, mediation, learned you have to start a legal action before they’ll and counseling training that I just don’t have as a give it back to you. BT

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BARTALK February 2008


PATRICIA JORDAN

ON THE WEB

Online Marketing: Blawgs Part 2 Building Your Blawg and Driving Traffic to Your Site

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ow that you have the information we receive regarddecided to create ing new issues in the video game a blawg, there are law industry. And for outgoing a few matters to content, our blog software takes consider. Does your firm have a care of everything for us, making it blogging policy? Will you focus easy for people who read our blog on one or two areas of law? What to receive and organize our posts.” topics will you write about? How Search Engine will you find those topics? Most Optimization (SEO) lawyers who are blogging spend SEO is a term used to describe a a few minutes each day scanPatricia Jordan is the CBABC process of improving the volume ning news headlines for the next Web Manager. She welcomes of traffic to a website or blog from hot topic. your comments, questions search engines. Bloggers use SEO and suggestions. One hot topic is anti-violence to measure the quality of visitor Tel: 604-646-7861 video game legislation. Chris E-mail: pjordan@bccba.org traffic and to identify how often Bennett, a partner at Davis LLP specific tags or keywords are used. and the head of the Trademarks Often law firms mistakenly use tags that are firmPractice Group, has been blogging at www.videogacentric and not what a potential client might use in melawblog.com since 2005. On January 7, 2008, he an online search for a law firm. Tags are keywords, posted a blawg on “Why do politicians keep proposcategories, headlines, summaries, and content. ing anti-violence video game legislation?” In that Choosing tags carefully will attract search blawg he linked to reports on Fox, First Coast News, engines to your blog. Most search engines use GamePolitics, and Gaming Today. This was a smart algorithms to measure the strength and vitalmove, as searches for those sites could generate hits ity of links to a blog. Linking to other blogs and on his blawg. encouraging bloggers to link to your blogs will Really Simply Syndication (RSS) help to quantify your site as a useful site, resulting Feedburner, an industry leader, provides media in a higher search result ranking. Davis LLP has distribution for blogs through RSS feeds. An RSS chosen its tags well, as their Google search ranking feed is commonly referred to as a feed or web feed. for “video game law” is consistently ranked at #1. RSS is an easy to use method for content distribution Visit www.davis.ca/en/blogs to view a complete list that allows you to read news headlines from your of tags used on its three blogs. desktop without having to browse the Web. RSS content can be read by RSS reader software or a feed Notice to Mac Users: Mac has user friendly blog softreader aggregator. There are more than 2,000 RSS ware as part of the iWeb program with iLife. BT readers that will allow you to review a large amount Site du Jour of content in a short time. Site du Jour Read about RSS at www.cba.org/ I asked Chris Bennett what RSS has done for cba/media/main/rss.aspx and Davis’ blogs. “Using RSS is very easy (really simple, www.feedburner.com. in fact!). For incoming content, RSS helps us organize

February 2008 BARTALK

13


LEGISLATIVE UPDATE

ACTS IN FORCE

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

acts in force ATTORNEY GENERAL STATUTES AMENDMENT ACT, 2007, S.B.C. 2007, C. 14 (BILL 33) Sections 69 to 132, 134, 136, 137 and 140 to 220 and Schedules 1 to 20 are in force December 1, 2007 except item 73 of Schedule 15 insofar as it amends the following Sections or other provisions of the Securities Act, as enacted by the Securities Amendment Act, 2007: 140.1, in the definitions of “failure to make timely disclosure” and “management’s discussion and analysis”, 140.3(4), 140.4(8)(e) and (17), 140.5(1) and (2) and 141.2(b) BUDGET MEASURES IMPLEMENTATION ACT, 2007, S.B.C. 2007, C. 1 (BILL 2) Sections 32 and 38 are in force December 1, 2007

DRINKING WATER PROTECTION ACT, S.B.C. 2001, C. 9 (BILL 20) Section 85 is in force November 30, 2007

FINANCE STATUTES AMENDMENT ACT, 2006, S.B.C. 2006, C. 12 (BILL 18) Sections 39, 46 to 60, 62, 66 and 68 are in force November 23, 2007

CURRENT FROM November 6 to December 31, 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.

GREENHOUSE GAS REDUCTION TARGETS ACT, S.B.C. 2007, C. 42 (BILL 44) Act is in force January 1, 2008 HEALTH PROFESSIONS AMENDMENT ACT, 2003, S.B.C. 2003, C. 57 (BILL 62) Section 19 is in force November 23, 2007, except insofar as it enacts Section 26.1(1) of the Health Professions Act

LOCAL GOVERNMENT STATUTES AMENDMENT ACT, 2000, S.B.C. 2000, C. 7 (BILL 14) Sections 71 and 72 are in force November 30, 2007

LOCAL GOVERNMENT STATUTES AMENDMENT ACT, 1999, S.B.C. 1999, C. 37 (BILL 88) Section 206(b) is in force November 30, 2007

MISCELLANEOUS STATUTES AMENDMENT ACT, 2007, S.B.C. 2007, C. 8 (BILL 12) Sections 49 and 53 are in force January 1, 2008

GREATER VANCOUVER TRANSPORTATION AUTHORITY AMENDMENT ACT, 2007, S.B.C. 2007, C. 41 (BILL 43)

MISCELLANEOUS STATUTES AMENDMENT ACT (NO. 2), 2007, S.B.C. 2007, C. 24 (BILL 35)

Sections 1 to 33 and 53 to 101 are in force November 30, 2007

Sections 10 to 21 and 43 are in force November 8, 2007

PUBLIC SAFETY STATUTES AMENDMENT ACT, 2007 , S.B.C. 2007, C. 28 (BILL 16) Sections 3 to 21 are in force January 1, 2008. Sections 29 to 31 are in force February 14, 2008

SECURITIES AMENDMENT ACT, 2007, S.B.C. 2007, C. 37 (BILL 28) Sections 28, 29, 40(e) and 43 are in force December 21, 2007

SECURITIES AMENDMENT ACT, 2006, S.B.C. 2006, C. 32 (BILL 20) Sections 1(a) and (c), 3, 16, 17, 19, 22 to the extent that it repeals Section 84.1 of the Securities Act, 24, 36, 42, 43, 47(a) and (g), 50(a), 51(a) and 63(i) are in force December 21, 2007

TOBACCO SALES (BANNING TOBACCO AND SMOKING IN PUBLIC PLACES AND SCHOOLS) AMENDMENT ACT, 2007, S.B.C. 2007, C. 12 (BILL 10) Section 3, insofar as it enacts Sections 2.1, 2.3 and 2.4 of the Tobacco Control Act, and Sections 4 and 5(a) are in force March 31, 2008

UBC Law Faculty Receives $1 million Gift from Davis LLP and Irwin Davis Davis LLP and Mr. Irwin Davis, grandson of the firm’s founder Edward Pease Davis, K.C., have just announced a $1 million donation to the UBC Faculty of Law. The $1 million gift will be directed to the faculty’s new building project designed to meet the needs of future law students and legal researchers.

From left to right: Dean Mary Anne Bobinski, Mr. Irwin Davis, and former Davis National Managing Partner Doug Buchanan.

Davis LLP joins the ranks of a select group of law firms who have provided donations to the faculty, but owns the unique position of being the only national law firm to originate in Vancouver. The firm and its founding father have played pivotal roles in the Vancouver legal community since the firm originated in 1892.

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BARTALK February 2008


JEFF FRAME

GUEST

A Day in the Life of a Small Boutique Firm

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urke Frame is a small, The investigation into the pros and very small law firm cons of such projects invariably genlocated in the Village of erates a plethora of expert reports Chase on the shores of and reviews. Eventually, the dispute Little Shuswap Lake. Although it is can become a battle of attrition. At the only firm with a full-time pressome point, the holding costs attribence in Chase, most of the locals utable to delay coupled with the will have never heard of it. An cost of fighting an uphill battle, will innocuous inscription of the firm’s wash away any prospect of profit. name on a door is the only outward Consequently, being “right” is often evidence of the firm’s location. not enough. The developer client You see, Burke Frame is a Jeff Frame needs to know early how much Burke Frame boutique firm, specializing in land time and money it will take to use and development litigation. A be “right.” Business reality is more typical client is a land owner embroiled in disputes likely to drive the result than the law. with one or more levels of government or some govMany of the firm’s clients have never been to ernment agency. The clientele is scattered throughthe Chase office. Instead, meetings take place where out the Lower Mainland and southern interior of the land is. This means a lot of travel; somewhere in the province. Some are the targets of expropriation. the 3,000 km per month range. Air travel, generally, Some have run head-on into a bureaucratic brick is not a viable option. Trips are too last-minute, the wall in their efforts to develop real estate. Others return times are too unknown, the areas are poorly have shown up on City Hall’s radar for an apparent served by the airlines (Kamloops to Creston by air is a violation of some local orditwo-day affair), and the docunance. Others still are fighting mentation is difficult to trans“Consequently, being to establish/maintain access to port. Documents checked as right is often not enough. their lands or riparian rights luggage don’t always make it The developer client to the province’s innumerable to the destination on time; that needs to know early how lakes and rivers. is simply not an acceptable risk. much time and money it Although usually retained Fortunately, British Columbia to defend the would-be develis a beautiful place to take a will take to be right.” oper, recently Burke Frame drive – winter roads aside…. has seen a growth in community association-type All in all, the work is both enjoyable and rewardclients looking to challenge a proposed development. ing. The clients are often fairly sophisticated. The It provides an interesting change of perspective to issues are complex, but always capable of resolution. be placing rather than removing obstacles faced by And, last but by no means least, the fairly limited a developer. group of legal counsel whom Burke Frame regularly The files are often document heavy. A single face bring with them an admirably high standard municipal bylaw with amendments can fill a large of competence, professionalism and courtesy. As it binder. As litigators, the firm is only involved in ought to be, counsel on both sides of the table ensure problematic and controversial development proposals. that civil litigation is litigated civilly. BT February 2008 BARTALK

15


FEATURE

DAVE HODGSON

Investment Fees Take a Bite Out of Savings How you can earn more by paying less

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nly one in three Canadians expecting to retire in 2030 is saving at levels required to meet basic household expenses in their retirement, and many may need to sharply increase their annual savings or continue working past age 65 to avoid financial hardship, according to a study sponsored by the Canadian Institute of Actuaries. Yet despite this, a recent survey by RBC found that only one in 10 Canadians plans to make the maximum contribution to their RRSP this year. How can you increase your retirement savings without increasing your contributions? One way is to decrease the fees that you pay to invest. Most investors are completely unaware of the amount of money being lost by paying higher fees for mutual funds than need be. An actively managed mutual fund will have three basic categories of fees: management fees; sales fees; and special, or other fees. Management fees are deducted from every investment dollar and are expressed as a percentage called a Management Expense Ratio or MER. The MER is required to cover the costs associated with administering the investment fund and are normally deducted regardless of how well the fund performs. Unfortunately, many investors believe the MER is the only expense that is charged to their funds. Other costs that are commonly paid by investors are sales fees and commissions. These cover the compensation paid to the person who sold you the investment fund. When these costs are deducted from your initial investment dollar, it is known as a Front-End Load. If these costs are deducted at the time that an investor chooses to withdraw a portion of the funds associated with an investment, it is a Back-End Load.

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BARTALK February 2008

To illustrate the significant role that your management fee plays in your retirement savings, consider this example: Let us assume that you have two RRSPs in the amount of $100,000 earning an annual rate of return of 8 per cent over 25 years. Both RRSPs are Canadian Equity mutual funds. Fund A charges only 1.25 per cent; Fund B charges 2.8 per cent. After 25 years, Fund A will have grown to $511,914 as compared to Fund B at only $355,135; a difference of more than $150,000. Which fund would you rather be in? In the above illustrated chart, Fund B represents a typical mutual fund investment while Fund A represents a CBA Financial RRSP account. Available exclusively to lawyers, their families and their support staff, the CBA Financial RRSP with Manulife Financial significantly reduces the cost of investing in an RRSP. Manulife Financial charges an Investment Management Fee or IMF. An IMF covers the cost of investment management and administrative expenses for a fund. CBAF funds do not have front-end sales charges, deferred sales charges, or special fees. In addition, CBAF provides access to fund managers who are well known and respected for their long term stability and overall investment returns. New funds have recently been added, including funds that automatically adjust their level of risk to help maximize returns when you are younger, and then conserve your money as you get close to retirement. All of these benefits are available to individual investors or to law firms as a group plan. BT For more information on CBA Financial RSPs, contact your local CBAF Authorized Representatives Dave Hodgson or Eric Mass at 604-247-8007 or dave@massco.ca and eric@massco.ca.


Ted MARK

FEATURE

Irreplaceable in Retirement

But what will we do?” Handbook, Rules 2-8 and 3-80. asks the client when you (Why do we have so many rules?) announce your intended Second, you can bring in someretirement. After 39 years of one else. But, have you downsized small firm and solo in-general pracalready, preventing your firm from tice, it’s hard not to want to help out taking on the financial burden of a your client. It’s been hard enough new lawyer? Maybe you have left for you to come to the decision. it too long to do this. You probably Telling a client is even harder. should have done this about five What impact is your retireyears before, so your clients will get ment going to have on your clients? used to dealing with your succesTed Mark In the short-term, lots. Remember sor. Lawyers think of that for their Semi-retired sole practitioner what you had to go through to clients, not themselves. find a new doctor, accountant, psychologist, or other Third, see if you can find a larger firm that offers professional advisor? a full range of services, and that has a character that How do you actually do “it”? There is a smatmatches your own. I know; no one is as good as you. tering of articles in legal magazines. But they want But try it. You might be able to negotiate a small paycontinuing subscribers, so help for those who are canment for the asset you have built up over the years, celing subscriptions are few. The Law Society is some but be prepared to offer to work on a transition of help, both in the online resources, and particularly, your clients to the new firm. Consider finishing off David Bilinsky. The Membership Services and the the dogs yourself. Give it a year. Trust Reporting departIt’s going to take you ments are helpful in their a year no matter which “It’s funny how you have respective areas. You will alternative you follow. been able to carry on with have to deal with them, so Why not give your cliyour practice and your life phone ahead. ents the opportunity for without your now retired You will have to undersome reasonable continudoctor, dentist, financial go an attitude adjustment. ing legal services? You are advisor and others. Your It’s funny how you have going to miss the hassle clients will survive.” been able to carry on with of administration, the late your practice and your life nights of preparation, the without your now retired doctor, dentist, financial collegiality, the reminders from your spouse about advisor and others. Your clients will survive. why you are retiring, but you are going to have the But you want your clients to remember you satisfaction of knowing you looked after your clients fondly. What are some of the alternatives? even in your retirement. First, you can just walk away. Health issues might Me? My wife and I moved to Vancouver Island force this. If retirement is trying to save your health, to enjoy the clean air and the recreation. I’m workyou might not be remembered well if you follow this ing part-time in a law office on a contract basis, as alternative. You are still going to be dealing with the needed. The world has to be told that sole practitioLaw Society. Take a look at the Professional Conduct ners are irreplaceable! BT February 2008 BARTALK

17


GUEST

James Bond

Did I Leave Something in San Francisco?

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et me think. What did extremely popular. The Honourable I come back with? The Wally Oppal was the featured Napa Valley wine? speaker during the Saturday night Check. The pictures dinner and was his usual entertainfrom Alcatraz? Check. Contact ing self – and the formal program information for the colleagues was topped off on Saturday night I met? Check. Notes from the with a short trolley bus ride to speeches of the President of the Beach Blanket Babylon, a long-runCalifornia Bar Association? Check. ning theatrical comedy and musical Nope… it doesn’t look like I left revue that was quite simply, a blast. anything in San Francisco. Of course, it also didn’t hurt For those of you who didn’t James Bond that the Conference was in the CBABC Secretary-Treasurer get a chance to join us there for heart of the Union Square area San Francisco Style San Francisco Style, the CBABC’s of San Francisco – right in the Conference Co-Chair 2nd Annual Conference, I thought middle of all of the best shopping, I would take this opportunity to restaurants and nightlife that the give you a quick recap of some of the highlights of city has to offer – and it is quite a city. While I didn’t the event, in the hope that I can entice you to start leave my heart there, I can see how such things planning now for the 3rd Annual Conference. would be possible. Just ask Carla Courtenay, who Attendees in San Francisco seemed particularly (after a 17 year courtship) got engaged and married pleased with the quality of the speakers and programs in San Francisco during the Conference. She is now available again this year. While all of the speakers and back in Vancouver and brought her heart (husband) programs were rated very highly, Burkey Belser, the back with her. professional services firm I am pleased to “I am pleased to report that branding and marketing report that 95 per cent of wizard from Washington, the respondents to our 95 per cent of the respondents DC, was again a particular post-Conference survey to our post-Conference stand-out. In addition, Jeff rated the 2nd Annual survey rated the 2nd Annual Bleich, the current presiConference “Very Good” Conference “Very Good” or dent of the California Bar or “Excellent,” and 99 per “Excellent,” and 99 per cent of received a standing ovacent of the respondents the respondents asked us to tion for his passionate and asked us to hold another thought-provoking address one next year. We also hold another one next year.” to the crowd. asked where we should Everyone also seemed to enjoy the social aspects hold the 3rd Annual Conference, and a majorof the Conference a great deal. Attendees had a ity chose San Diego, California – so mark your chance to meet and mingle with each other and with calendars and start budgeting now. The 3rd Annual speakers and sponsors at a variety of events. The CBABC Conference will be November 20th to 22nd, Napa Valley Wine Tasting, sponsored by the Frank 2008 in San Diego, California. I look forward to Family vineyards, was not only informative, but seeing you there! BT

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BARTALK February 2008


LAW WEEK 2008

Law Week 2008

Access to Justice: Breaking Down Barriers This year’s Law Week theme is “Access to Justice: Breaking Down Barriers.” Law Week 2008 is April 14th to 20th and the following are some of the exciting events planned across the province.

Open Houses – Province Wide – April 14th to 20th

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A W

W E E K www.bclawweek.org DIAL-A-LAW TM

Dial-A-Lawyer – Province Wide – Saturday, April 19th

25 th An iversary n

Open House events will be held in Fort St. John, Kamloops, Kelowna, Nanaimo, New Westminster, Port Coquitlam, Vancouver, and Victoria throughout Law Week with a variety of events being planned including mock trials, free law classes, question and answer sessions, citizenship ceremonies, court house tours, displays, exhibits from justice and legal organizations including interactive exhibits. In Vancouver a public forum with senior justice representatives will be moderated by CBC’s Ian Hanomansing.

Fun Run – Locarno Beach, Vancouver – Sunday, April 6th

This year we will be celebrating the 25th anniversary on Dial-A-Lawyer Day. Lawyers will be available toll free to provide free legal advice over the phone to members of the public across the province.

Marina L. Sedai of McCrea & Associates giving free legal advice over the phone.

Student Mentor Program – Lower Mainland – April 2008 Students will be matched to spend a half-day with lawyers in their place of work, and lawyers will be paired with schools to attend a high school class.

Student Contests – April 2008 High school students from across the province will be participating in the Barry Sullivan Law Cup Public Speaking Contest and an Essay Contest. The Finalist round of the Barry Sullivan Law Cup will be held at the Vancouver Art Gallery Heritage Courtrooms on April 17th, and the finalist judges will include Chief Justice Finch, Chief Justice Brenner and Chief Judge Stansfield. BT

Bring your family and come out and join us for the 5th annual CBABC Law Week 5km Run/Walk (http://www.cba.org/bc/pdf/law_week/fun_run_ 2008.pdf).

More information about all Law Week events and volunteer opportunities, can be found at www.bclawweek.org.

February 2008 BARTALK

19


DIAL-A-LAW

John Blois

25 Years of Dial-A-Law: Power to the People A Day in the Life of Dial-A-Law

Amazing Growth

Mr. Smith returns from a business trip to find he is locked out of his apartment – an eviction notice stuck to his door. He panics, needing help, but does not know what to do or where to turn. Suddenly, he remembers Dial-A-Law (DAL), which a friend had recently raved about. He quickly fires up his laptop at the neighbourhood coffee shop, goes to the DAL website, and gets basic legal information on tenancy. His panic subsides as he formulates a plan to call the Lawyer Referral Service for the names of lawyers who specialize in tenancy law. Another hour, another legal crisis resolved – Dial-A-Law’s reputation continues to grow.

In the past 16 years, DAL grew from 63,000 phone calls to more than 400,000 phone calls and website visits. DAL started as a manual phone program. Today it is automated by phone and available online by punching in a script number and hearing a recording of the script. The website was launched in October 2000 and is now so heavily used; the program could be called Click-ALaw. Last year, DAL had 23,000 phone calls and 386,000 website visits (up from 6000 website visits six years ago).

What is Dial-A-Law?

A free service offering practical legal information to the public – by phone and website – on more than 130 topics. It gives the real story, not the Law-and-Order version. Operated by the B.C. Branch of the Canadian Bar Association and funded by the Law Foundation of B.C., DAL is unique in Canada. It explains the law in clear language, taking it from the ivory tower to the man and woman on the street. If knowledge is power, DAL has empowered a generation to better understand the law, the legal system, and their rights and responsibilities. It’s available in Chinese and Punjabi, in addition to English. Demystifying the Law for the Public “When I was working on updating some Dial-ALaw scripts in my practice area, I found that the process of writing for the lay person really made me take stock of what a person with a legal problem is looking for when it comes to advice. I know that my own understanding of my practice area, criminal law, has changed for the better through the volunteer work that I did on DAL scripts. The Dial-A-Law scripts are very powerful tools for the lay person because they distil to the essentials basic legal problems. Each DAL script, really a pamphlet, demystifies the law for the public. I feel that we are providing something that enhances the profile of lawyers and puts a worried person with a legal problem in a much more knowledgeable position.” Timothy D. Klaassen, volunteer lawyer for DAL and Chair of CBABC Dial-A-Law Advisory Committee. 20

BARTALK February 2008

Best Sellers

Some of the most popular DAL topics over the past 10 years: • Family law (separation, divorce, custody and access, child and spousal support) • Employment law • Drinking and driving law • Criminal-law penalties. Topics Covered

DAL covers 13 broad categories: family law; small claims court; wills and estates; automobiles; youth and the law; criminal law; housing; employment and social benefits; credit, debt and consumer; commercial law; your rights; health law; lawyers’ legal services, and courts. Common Questions

DAL answers many common questions, such as: • Can they fire me because I got sick? • Can I do anything about my neighbour’s noisy dog? • What are my rights if my spouse leaves and takes the kids? • What happens if I can’t pay my credit card bill? • Can my landlord evict me? • Should I buy a used car from someone selling a bunch of them from his backyard? Guideposts for People with Legal Problems “I am amazed when I see the dramatic shift from phone to web use of the simple explanations of legal concepts that make up the DAL scripts. The number of people connecting with the program via the web is astounding. I had no idea that so many people with legal problems were looking for some basic guideposts to help them on their


DIAL-A-LAW way. It is particularly gratifying knowing that every DAL script gets across – to anyone who reads it – why people with a legal problem need to contact a lawyer for help. I expect that the profile of lawyers has been enhanced through this groundswell of interest in DAL.” Timothy D. Klaassen DAL as a Starting Point

In addition to giving basic legal information, DAL directs users to many other places for help, such as the B.C. Legal Services Society, the Law Courts Education Society and various government agencies and self-regulatory organizations. Most scripts have several links and references to more information. With regular updates, scripts remain current and accurate. But DAL doesn’t try to explain everything to everyone. It does not give legal advice; instead, scripts recommend that users contact a lawyer if they have a legal problem or need legal advice. Who Does What in DAL?

to lawyers registered with this service. Annie also codes scripts for the website and provides translation for Chinese scripts. Patricia Jordan, Web Manager, publishes the scripts on the CBABC website. Christine Zhang and Hannah Brinkerhoff, Lawyer Referral Service operators, provide referrals to the public, send brochures to various organizations in B.C. to promote the service, and track and report statistics. The Future

If DAL’s rapid growth continues, and it educates everyone about the law, lawyers may volunteer themselves out of business. Of course, that will never happen. DAL educates the public with legal information. But lawyers will always be needed to give legal advice on specific situations, just as surgeons will always be needed to do the actual surgery. A well-informed public means that lawyers can provide better service to clients. And clients can better understand and appreciate the value and service their lawyers provide. For the next 25 years, DAL will inform the next generation of B.C. residents and improve the legal community. It will help ensure that people actually understand the laws that govern them and know when they need a lawyer.

• Lawyers – about 240 lawyers have volunteered for the program and provide the legal content. • Writers – Janice Mucalov and John Blois, both legal writers, flesh out the content and ensure the scripts are clear, consistent and concise. They translate any lurking legalese to clear How to Access language the public can Dial-A-Law understand. Visit Dial-A-Law online • Announcer – Elaine at www.dialalaw.org or by Scollan, news and traffic phone at 604-687-4680 (in announcer at radio sta Annie Chen, Christine Zhang, Hannah the Lower Mainland) or tions JRFM 93.7and 600 Brinkerhoff, and Lorna O’Grady 1-800-565-5297 (elsewhere in AM, smoothly records  Elaine Scollan and Robin Hagenbuck B.C.). the scripts for the audio part of the program, How to Get Involved in ably assisted by producDial-A-Law tion technician Robin Lawyers volunteer their serHagenbuck of CFUN vice to update Dial-A-Law 1410 AM. scripts. Lawyers who regis• Staff – Lorna O’Grady ter for the Lawyer Referral manages DAL and Service indicate on the registration form if they Lawyer Referral also want to participate in DAL. To get a regService, supervising a staff of three peoistration form, go to www.cba.org/bc/Initiatives/ ple who make the whole program actually main/lawyer_referral.aspx or call Lorna O’Grady work. Annie Chen, Lawyer Referral Service Operator, provides the public with referrals at 604-646-7858. BT February 2008 BARTALK

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EVENTS

Third Annual Victoria Battle of the Bar Bands In response to demands that have swamped the operators, the Third Annual Victoria Battle of the Bar Bands will take place on March 5, 2008 beginning at 8:00 p.m. at the Element Nightclub (formerly Legends). This is a call for applications from bands on Vancouver Island to participate in this year’s event. The total number of spots will be determined when all applications are received and vetted by the rock-savvy organizing committee. To date, four applications have been received, all from bands that have participated in the past. The deadline for applications is February 15, 2008, and should be submitted to Eugene Raponi at Waddell Raponi, 1002 Wharf Street, Victoria, B.C., V8W 1T4, eraponi@waddellraponi.com. The application should include a maximum half-page bio of the band, identify which members are lawyers and attach a photo of the band if available. All bands must have at least two lawyers. Successful applicants will be required to submit a set list, agree to a fixed time limit for their set, and must make best efforts to sell tickets. These issues will be dealt with closer to March 5, 2008. The Victoria Battle of the Bar Bands exists to raise funds for the Canadian Bar Association (BC) Benevolent Society, and is co-sponsored by the CBABC and the Victoria Bar Association.

CBABC’s Santa’s Breakfast On a brisk Sunday morning in early December, the Canadian Bar Association B.C. Branch, in partnership with the Law Courts Inn, hosted the 1st annual “Brunch With Santa.” Diverse members of B.C.’s legal community, along with their young families came to the Vancouver Law Courts to meet with Santa and to Alan Ross, of Alexander Holburn raise money for The Province’s Beaudin & Lang LLP, presenting Empty Stocking Fund. Since 1918, cheques to Marilyn Chepil of The the fund has given hundreds of Province’s Empty Stocking Fund. thousands of disadvantaged children a cause to celebrate, distributing money to organizations such as designated Christmas Bureaus, Salvation Army units, and other worthwhile charitable organizations throughout B.C. The “Brunch With Santa” was a great success and is sure to become a CBABC seasonal tradition.

Yale County Bench and Bar Dinner Held on Nov. 1, 2007 A good time was had by all, perhaps more by some than others! Thanks to CBABC for its help in promoting the event and for CBABC President, Ken Walton, for attending all the way from Vancouver Island. Provincial Court Chief Judge Stansfield also travelled from Vancouver for the event.

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BARTALK February 2008

Top photo: The Guys. Right photo: Hon. Judge Al Betton with Ana BonBon.


EVENTS | CALENDAR

UBC’s Law Students’ Legal Advice Program (LSLAP) Celebrated its 40th Anniversary LSLAP was founded in 1967 by law students at UBC. Currently, LSLAP sees more than 4,000 lowincome clients a year, and offers legal advice and representation. LSLAP has also reintroduced Family Law services to its clients. LSLAP continues to offer students an opportunity to practise law while still in school.

From left to right: Joni Worton (LSLAP Family Law Supervising Lawyer), Dean Mary Anne Bobinski (Dean of UBC Law), Nicholas Tsoi (Law Student and Executive Director of LSLAP), Mike Harcourt (former B.C. Premier and LSLAP Founding Member), Warren Wilson, QC (Chair of the Law Foundation of British Columbia), Brian Higgins (LSLAP Supervising Lawyer), and Matthew DeBock (LSLAP Director of Public Relations).

CBABC Goyer Award Winner

From left to right: Jack Giles, QC receives CBABC Goyer Award from CBABC President F. Kenneth Walton.

Lawyer Jack Giles, QC, received one of the Canadian Bar Association B.C. Branch’s highest honours, the Georges A. Goyer, QC, Memorial Award at the 2007 Bench and Bar Dinner at the Four Seasons Hotel in Vancouver on November 14, 2007.

Mr. Giles, of the Vancouver firm Farris, Vaughan, Wills & Murphy LLP, was nominated for this honour by numerous distinguished judges and lawyers who applauded “the excellence of his briefs and his absolute honesty and integrity in all respects.” They acknowledged his contributions to legal education in British Columbia and beyond, and his unflagging support for the highest professional and ethical standards. In addition to recognizing the extent of his contributions, Mr. Giles’s nominators specifically noted his extensive efforts to maintain the independence of the Bar.

February – March 2008 (see cba.org/bc for details)

Branch and Bar Calendar

CBABC President F. Kenneth Walton, who chaired the Selection Committee said, “One of Mr. Giles’ most satisfying achievements was his work in obtaining an injunction against the operation of federal money laundering legislation which, as a by-product, required lawyers to breach solicitor/client confidentiality including reporting on a client’s activities. Such legislation, had it been allowed to remain, would have had serious negative consequences to the independence of the Bar. This work alone should be greatly applauded by members of our profession and by the public.”

February 13

Women Lawyers Forum Signature Event Luncheon featuring Maureen McTeer (The Four Seasons Hotel)

February 15

CBABC Executive Committee Meeting (CBABC Boardroom)

February 21-24

CBA Mid-Winter Meeting (Yellowknife, NT)

March 13

CBABC Executive Committee Meeting (CBABC Boardroom) February 2008 BARTALK

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member services

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 Resorts Ski/Snowboard, Cross Country, and Snow Tubing Passes. Get yours now, these sell out fast! Cypress Mountain This is the first year the CBABC is offering discounted tickets for this favourite Vancouver local snow sport destination. In addition to Downhill Skiing and Snowboarding, Cypress also offers Cross Country Skiing, Snowshoeing, and Snow Tubing. Something for everyone and fun for the whole family. Similar discounts are not available at any retail outlets or publicly accessible mediums.

Bugatti Cases Check out some new additions to our line which include the International 1645 which is made out of ballistic nylon, and has a telescopic handle and in-line wheels. Bugatti bags make great gifts. When you see them you’ll wonder why you don’t have one yourself.

YWCA of Vancouver Is getting in shape on your mind this time of year? CBABC members receive a $7 discount on monthly dues. To have the $75 joiner fee waived please contact the CBABC at members@bccba.org for more info. 24

BARTALK February 2008

Emergency Preparedness Kits Are you prepared for a disaster? At the office? At home? In your car? Seismic experts say a major earthquake will happen in B.C. We cannot prevent an earthquake, however, we can prepare for it. The Canadian Bar Association has an opportunity for you to protect yourselves and loved ones. Purchase disaster kits for the home, car, and office at wholesale prices. Kits will be on sale until February 29, 2008. For an order form visit the CBABC website or e-mail members@bccba.org

CBIA and CBAF The Canadian Bar Insurance Association (CBIA) makes it simple to protect yourself and your loved ones by providing all of your financial protection needs in one place. Whether it’s your life or your car that needs to be insured, CBIA’s insurers can provide you with low-cost, comprehensive solutions designed for the unique needs of the legal profession. CBIA’s full range of benefits include: life insurance; critical illness insurance; disability income protection; office overhead protection; law firm employee benefits; home and auto insurance; travel insurance; and more. CBIA’s sister company, CBA Financial (CBAF) makes it easy for you to plan, track and manage your retirement savings, when it’s convenient for you, by providing 24-hour online and telephone access to your savings. CBAF’s well-known and respected fund managers have been carefully selected for their long-term stability and overall investment returns. And, when you open a CBAF RRSP account, you immediately benefit from CBAF’s group buying power through significantly reduced Investment Management Fees. Visit us at www.barinsurance.com or www.barfinancial.com or contact your local Authorized Representative to learn more.


bar moves

u

Bar Moves

u

Have you recently changed firms or opened a new firm? Send submissions (maximum 25 words) to Bar Moves at cba@bccba.org.

Davis LLP is pleased to announce that Simon Wells has re-located to Penticton. Mr. Wells is a partner with the firm and provides specialized legal services to a broad base of provincial and national clients with a primary focus on land based issues, including environmental, municipal, aboriginal, forestry, and real property matters, as well as related commercial litigation and dispute resolution.

Simon Wells

Edwin Grant Mark has moved from McQuarrie Hunter in New Westminster and

Surrey, and is now practising as a sole practitioner, doing contract work for Stevens & Company in Qualicum Beach. Gerry Sair left Kahn Zack Ehrlich Lithwick on December 31, 2007 and joined the Economic Crime Group of the Public Prosecution Service of Canada in Vancouver. Charles D. Jago has joined the firm of Greiner, Bethell & Company in Burnaby as Associate Counsel, where he will practise in the areas of personal injury and commercial litigation, and dispute resolution.

Rina Maharaj

Kathryn Deo, formerly of Woodward & Company, has joined Jeanie Lanine at Cedar Law. Cedar Law provides legal services to First Nations and Aboriginal organizations. Jennifer MacGregor-Greer, formerly of Stikeman Elliott LLP in Vancouver, has joined Freshfields Bruckhaus Deringer in London, UK, where she is a corporate associate in the Private Equity and Private M&A team. KIMBERLEY D.B. NORRIS, formerly a solicitor for the Public Guardian & Trustee

of British Columbia, recently joined the Criminal Justice Branch in Victoria as Crown Counsel.

Lance Bredeson

DEVON C. WINDSOR has joined Jones Emery Hargreaves Swan in Victoria to con-

tinue her practice in the areas of civil litigation and insurance litigation. Ryan Gallagher joined Forrest C. Hume Law Corporation in November 2007 as an associate, where he will

practise federal transportation law. Rina Maharaj has joined Bull, Housser & Tupper LLP as an associate with the Corporate Finance and

Banking Group. Rina articled with BH&T and was called to the B.C. Bar in September 2007. She was previously a partner with Walker Kontos Advocates, a leading law firm in Nairobi, Kenya, where she practised primarily in the areas of commercial and business law, banking and finance law, and conveyancing. Lance Bredeson has joined Bull, Housser & Tupper LLP as an associate with the Business Law Group. He

articled at Farris LLP and then joined Baker Newby LLP where he was involved in corporate and commercial transactions. Lance was called to the B.C. Bar in 2004. He recently completed a Masters of Laws at the University of Toronto with a focus on securities and corporate law.

Let Us Know What You Think

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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. February 2008 BARTALK

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cbabc partners | Membership

CLEBC Update Upcoming Publications: New Strata Property Practice Manual and Online Land Title Practice Manual With the province undergoing an unprecedented level of strata construction and conversions, CLEBC will soon be publishing the British Columbia Strata Property Practice Manual to replace the popular but outdated Condominium Law & Practice in British Columbia. Print and online versions are expected to appear in the spring of 2008 and should prove essential for lawyers acting for municipalities, developers, strata corporations, and owners. The new practice manual will include material on strata plans and lots, phasing, common property, governance, insurance, finances, bylaws and rules, dispute resolution, rentals, human rights, privacy, and the duty to repair and maintain. The third edition of the Land Title Practice Manual appeared in December and introduces an accompanying online version for a single subscription price. This edition has been reorganized to reflect legislative changes, and introduces an improved format and Section locators to ease cross-referencing. The online version, launching in early 2008, will allow keyword searches and provides other electronic aids to access information. It will also be fully linked to provide immediate access to legislation, rules, practice bulletins, and judgments discussed in the practice manual. Further information on these publications is available from CLE customer service at 604-893-2121 or toll-free in Canada at 1-800-663-0437.

NEW MEMBERS The CBABC Branch welcomes its newest members! The following new members joined in the months of November and December of 2007:

Regular Members

Articling Students

Ryan Daniel Garrett Davis LLP Vancouver

Fritz Gaerdes Alexander Holburn Beaudin & Lang LLP Vancouver

David Gedge Lawson Lundell LLP Vancouver Wietzie L. Gerber B.C. Securities Commission Vancouver R. Brad Kielmann Clark Wilson LLP Vancouver The Hon. Paul R. Meyers Provincial Court B.C. – Family, Youth, Small Claims & Traffic Vancouver

Megan Kaneen Lawson Lundell LLP Vancouver Cristiano Papile Fraser Milner Casgrain LLP Vancouver Michael Peraya Singleton Urquhart LLP Vancouver

Niamh Pollak Clark Wilson LLP Vancouver

Salima Samnani Lawson Lundell LLP Vancouver

Scholars

Karin Stredulinsky Lawson Lundell LLP Vancouver

Gulbahar Kang Specht & Pryer 26

Anthony Geluch Davis LLP Vancouver

BARTALK February 2008

Dylan Switzer Kelowna Morgan Troke McCarthy Tétrault LLP Vancouver Melanie Vipond Davis LLP Vancouver Kaaren Vlug McCarthy Tétrault LLP Vancouver Christopher Yep Davis LLP Vancouver

Law Students Ladan Assemi West Vancouver Michelle Janice Bain Victoria Jennifer Craig Burnaby Bernard Lau Vancouver Coral Lyster Vancouver Christian Pearce Vancouver

UBC Faculty of Law Helps New Lawyers Enter Workforce The UBC’s Faculty of Law recently held a career seminar entitled “Does the firm choose you or do you choose the firm?” In preparation for “interview week,” UBC invited Gary Mitchell of GEM Communications to give students an overview of how to best approach the interview process and ensure they begin their law careers at a firm that is best-suited to them. A second seminar will be held this spring on “Your Law Career as a Business; helping students and new lawyers preparing themselves for the business of law.”


GRANTS APPROVED

The Board of Governors of the Law Foundation of B.C. met on December 1, 2007 and approved funding for a number of continuing programs and projects. Chair Dev Dley, QC is pleased to announce that funding totalling $3,252,223 was approved for the following 20 projects: Funding totalling $2,962,223 was approved for the following 17 new one-time project grants: $500,000 INTERNATIONAL CENTRE FOR CRIMINAL LAW REFORM AND CRIMINAL JUSTICE POLICY Criminal Justice Reform Project $480,000 PLANNED LIFETIME ADVOCACY NETWORK Safe and Secure: Optimizing the Impact of the Registered Disability Savings Plan Project $325,000 UNIVERSITY OF BRITISH COLUMBIA, FACULTY OF LAW Summer Work Placements

$300,000 B.C. SOCIAL STUDIES TEACHERS’ ASSOCIATION The Law Project

$60,000 UNIVERSITY OF VICTORIA, THE LAW CENTRE Public Interest Articling Fellowship

$300,000 BATTERED WOMEN SUPPORT SERVICES Engaging Immigrant Women in the Legal System – Education, Research, Resource, and Reform Project

$54,933 LAW COURTS EDUCATION SOCIETY and LAW SOCIETY Judicial Independence and Independence of Lawyers Secondary School Teaching Module Project

$162,500 UNIVERSITY OF VICTORIA, FACULTY OF LAW Co-op/Summer Placement Students

$32,390 DOWNTOWN EASTSIDE RESIDENTS’ ASSOCIATION Capital/Infrastructure Development

$150,000 B.C. COALITION TO ELIMINATE ABUSE OF SENIORS Older Adults Law Clinic Pilot Project

$11,500 KETTLE FRIENDSHIP SOCIETY Capital/Infrastructure Development

$150,000 PENTICTON AND AREA WOMEN’S CENTRE Legal Advocacy Project

Funding totalling $290,000 was approved for the following three Child Welfare Fund Projects:

$150,000 WEST COAST ENVIRONMENTAL LAW Environmental Dispute Resolution Fund

$120,000 Island Métis Family and Community Services Society ADR Model for Métis and Urban Aboriginal Families Project

$94,400 LAW COURTS EDUCATION SOCIETY Small Claims Court Pilot Program Educational Resources Project $71,500 B.C. FREEDOM OF INFORMATION Personal Privacy Project $60,000 COMMUNITY LEGAL ASSISTANCE SOCIETY Public Interest Articling Fellowship $60,000 TERRACE ANTI-POVERTY GROUP SOCIETY Residential Tenancy Advocacy Project

$100,000 Haida Child and Family Services Society Family Group Conference Project $70,000 Okanagan Nation Alliance Okanagan Nation Mobile-Outreach Family Group Conferencing Project – Year 3

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.

The Board of Governors is pleased to announce that Dev Dley, QC, of Kamloops has been elected as Chair of the Law Foundation beginning January 1, 2008. Mr. Dley succeeds Warren Wilson, QC of Vancouver who has been Chair of the Law Foundation since 2006, and who will remain on the Law Foundation board as Chair Emeritus. Mr. Dley received his LLB from the University of Victoria in 1978, was called to the Bar in 1979, and appointed Queen’s Counsel in 2005. Mr. Dley has his own law firm in Kamloops, where he carries on a litigation practice. Previously, he was the Commissioner and General Counsel for the Western Hockey League (1996–2000). Mr. DEV DLEY, QC Dley’s community work includes serving on the Boards of several charity fund raising golf tournaments and the BCAA Traffic Safety Foundation. He has also served as a Trustee of the Board of School Trustees in Lake Cowichan and as a Governor at Malaspina College in Nanaimo. He has been a Governor of the Foundation since 2002 and has served on the Policy and Planning (as Chair), Finance and Administration, New Grants and Bursary, and Scholarship and Fellowship committees. The Law Foundation of British Columbia is a non-profit Foundation which receives the interest on lawyers’ pooled trust accounts, and distributes it by means of grants for legal education, legal research, legal aid, law reform, and law libraries in the province.

February 2008 BARTALK

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classified ads

FEBRUARY 2008

POSITIONS AVAILABLE

The Firm has openings for a research lawyer and one to two junior barristers to join our busy practice. Applicants for the research position should have exceptional academic records, creative analytical skills and a broad interest in both public and private law. The junior barristers should be in their first three years of practice, have an excellent academic background and preferably have some experience in civil litigation. We welcome applications from lawyers wishing to work in a stimulating and high-end litigation practice. Interested lawyers should send their c.v. and transcript of their grades to K. Michael Stephens, at Suite 2100-1040 West Georgia Street, Vancouver, B.C., V6E 4H1 Ewan & McKenzie, Golden: Associate Interested in a legal career in a relaxed setting in

the Rocky Mountains? Ewan & McKenzie of Golden B.C. are looking for an associate with early partnership prospects for our general practice. Your clients will look to you for advice and representation in family matters, as well as general solicitors practise and some criminal law. Contact Glen Ewan, QC, at glenewan@emlaw. ca or call 250-344-5258.

Services intellectual property: Let us assist you in providing protection for your clients. Douglas B. Thompson Law Corporation – Registered Patent Agent, Registered Trade Mark Agent. Practice restricted to Intellectual Property, Victoria, B.C. (www.BCpatents.ca) E-mail: doug@BCpatents.ca. Eldercare assessment, consulting, care management, seminars. Diamond Geriatrics, Inc. www.diamondgeriatrics.com. 604-874-7764.

Practice Restricted To WCB Sec. 257 Determinations, Opinions and Court Applications on referral

604-267-3033

J. G ORDON T HOMSON L

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Claims and appeals Vice Chair at Review Board for 6 years More than 25 years personal injury litigation

CO R P O R A T I O N

B ARRISTER & SOLICITOR R E G I S T E R E D PAT E N T AG E N T REGISTERED TRADEMARK AGENT

Practice Restricted to Intellectual Property Law

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Phone: (250) 418-3250 E-mail: gordonthomson@shaw.ca

Barristers & Solicitors Cell 604-868-3034 Fax 604-264-6133 vishkanian@pepito.ca

Endorsed by:

Visit Us Online:

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BARTALK February 2008

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SPACE AVAILABLE Lawyer to share space, newly decorated, False Creek area, private office, boardroom, reception, storage; phone 604-739-7002, Ext. 224 (admin).

Classified and display Next deadline: March 7

insert (all of B.C.) Next deadline: March 13 Next mailing: April 7 Direct BarTalk advertising inquiries to: Jesse Tarbotton BarTalk Senior Editor Tel: 604-646-7856 or 1-888-687-3404 E-mail: jtarbotton@bccba.org

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BarTalk | February 2008