Law Matters | Spring 2011 by Canadian Bar Association, Alberta Branch

ISSN 1704 – 9377

Vol. 36 No. 1 Spring 2011

E d i t o r ’s

PAGE

THE VOICE OF THE LEGAL PROFESSION

Top 10 Time Management Tips 4 Judicial List

What Do Young Lawyers Want?

Notice to the Profession

Law, Life and Limits

View from the Bench

What’s Happening

LESA 10 Physical Activity Front & Centre

11 12/13

Where is Your Atticus Finch?

Unsung Hero

Pro Bono

Practice Pointers

Cross-Section South

Cross-Section North

LLB to JD Degree Conversion

Retention in an UP Market

People and Places

Assist 22 Classified et Cetera

Dragana Sanchez Glowick i

Environment Canada’s account of this past winter makes it the coldest winter of the past 37 years. But, spring is finally here, and we are warming up and getting excited about summer. Likewise, in law firms across the province, this time of the year also brings with it a new excitement and energy only found in articling and summer students. These fresh and keen faces bring an eagerness with them that is akin to a “ray of sunshine”.

in this issue President’s Report

P r e s i d e n t ’s

When this edition of Law Matters was being planned, the committee decided to focus on the junior members of the bar. However as I worked with the authors of the various articles, I soon realized how valuable each of the examples, tips and lessons were to my own practice. I think all readers, “wheather” junior or senior at the bar, will enjoy the excellent and valuable ideas this edition of Law Matters contains. Frank Sanitate, who co-authored “Everything your Paralegal/ Assistant Wants You to Know, but Never Told You” published in the Summer and Fall 2009 editions of Law Matters, teaches someone as organized as me that organization is only one small component of time management. Read about his advice in the first installment of a two part series, “Top 10 Time Management Tips”. It is a must read for all. Stephanie Dobson’s article, “What Do Young Lawyers Want?” is less directed to the young lawyer than the senior managing partner. Management committees need to take note of what the new generation of lawyers need. Tony Young, Q.C., shows us that finding a balance between our family and our work is not easy, but is possible if you know when to say “yes” and “no”. Shannon McGinty’s article titled “Physical Activity – Yes You Can!” is a perfect compliment to Tony’s article. Shannon reviewed some of your colleagues’ physical activity choices and found yoga, belly dancing and martial arts to be a lot more fun than the mind-numbing elliptical workout. Robert Harvie’s article, “Where is Your Atticus Finch?” and Shekhar Parmar’s article, “Retention in an Up Market” are again, less for the junior members of the bar, and excellent articles for senior managing partners and senior lawyers who are mentors. The Editorial Committee hopes you enjoy this edition of Law Matters, and as always, we welcome comments to the Editor.

e d i t o r i a l c o m m i t t ee L-R top row: The Honourable Madam Justice E.I. Picard (Edmonton); Terrence A. Cooper, Q.C. (Fort McMurray); Jason Schlotter (Calgary); and, Tony Young, Q.C. (Calgary). L-R bottom row: Devin Mylrea (Calgary); Robert Harvie (Lethbridge); Michele Hollins, Q.C. (Calgary); and, Shannon McGinty (Calgary).

REP ORT

I’ve been dreaming about Hawaii as of late…it seems like everyone and their dog is headed to warmer climates in recent weeks, and for good reason, too – Mother Nature has been a bit cheekier than usual and has teased us with the promise of a real spring only to dump another 20 centimetres of the white stuff on us. I know – many of you say that it’s like this every year, but I believe we all suffer from short-term memory mixed with a great deal of hope as the days get longer. I hope that by the time you have this issue of Law Matters on your desks, you can gaze out the window at the darling buds of May with nary a snowdrift in sight. Looking at the bright side – late snowfall gives us amazing ski conditions in the mountains, no? It can also drive crowds indoors, which, as proven on Law Day 2011 across our province, proved a real boon to attendance at what is the highlight event of our Public Legal Education platform not only in Alberta but across many cities in our country. The Law Day Program provides an opportunity for Albertans to learn about their legal system and the role the law plays in their country. This increased awareness makes the system more accessible and understood by the public and assists in preserving our fundamental freedoms. Law Day 2011 was an amazing success across our province in Edmonton, Calgary, Drumheller, Medicine Hat, Lethbridge and Red Deer. Fort McMurray and Grande Prairie will be hosting their Law Day events in May and June respectively. Various activities included: demonstration trials covering civil, criminal, family and custody areas; courthouse tours; “Ask a Lawyer” booths and mini-lectures; Citizenship Court ceremonies; public speaking contests for students from both junior and senior high schools; poster contests for elementary students; and mock trial competitions for high school teams. I participated in the Children’s Musical Trial “GLEEfully Paying Your Taxes” where I played a tax-evading socialite convinced she was no longer a Canadian resident by virtue of having left her heart…in San Francisco. You get the picture. Marian De Souza and I were also very fortunate to have participated in the Citizenship Ceremonies where approximately 200 individuals in Calgary and Edmonton were sworn in as new Canadians. I cannot tell you how incredibly moved so many of us were and how pride and hope filled those courtrooms. We really do live in the best country in the world. Many thanks to the hard working Law Day Committees and to the numerous volunteers who made this wonderful event possible. For those of you who have not yet been out to Law Day – mark your calendars for next year’s event! I recently attended the National Spring Conference of the Canadian Corporate Counsel Association (CCCA) earlier this April in Toronto. This year’s conference had a near-record attendance and the program featured an outstanding faculty and a cross-section of the in-house world, from legal officers in emergent companies, through to Chief Legal Officers of multi-national organizations. I especially enjoyed keynote speaker (and, at age 33, a veritable wunderkind) Andrew Sorkin, New York Times reporter and author of Too Big to Fail, who spoke on Lehman Brothers and the U.S. Financial System Bailout. The hard work and success of our Sections continues with ongoing CLE opportunities for our members in meetings

Analea M. Wayne and online with our webcasts. I am looking forward to attending the May 9, 2011 joint seminar of the Corporate Counsel, Construction Law, and Business Law Sections who are hosting Professor Guhan Subramanian of Harvard Law School and Harvard Business School who will be speaking on the topic of “Creating Value in Negotiations and Deal-Making”. I encourage all of you to attend this year’s National Canadian Legal Conference taking place in Halifax, Nova Scotia from August 14-16, 2011. Keynote speakers for the CLC include His Excellency the Right Honourable David Johnston, Governor General of Canada; Arianna Huffington of the Huffington Post Media Group; Arlene Dickinson, CEO of Venture Communications and a star of CBC’s Dragons’ Den; and commentator Simon Sinek, author of Start With Why. Not only will this conference be an incredible opportunity for continuing professional development and networking, but the locale and guaranteed hospitality of the region will no doubt make the event a highlight of your summer. Your CBA Executive and CBA members continue to work hard not only for our own CBA initiatives, but in our work with numerous stakeholders in our communities by participating in other legal initiatives such as the “Pro Bono – Raising The Bar” events taking place across our province, the Town Hall Meetings held in partnership with Alberta Justice, and in our ongoing contributions to legislation and law reform on submissions to government, to name but a few of the many benefits that we endeavour to carry out for the benefit of our membership. If you have any questions about these or other initiatives of your CBA on both a provincial and national level – don’t hesitate to contact us. Finally, we are very pleased to report that Steven Mandziuk, Q.C. of Finning (Canada) has now been acclaimed CBA-Alberta Branch Secretary for the upcoming 2011 - 2012 term. Welcome aboard, Steve! We look forward to your contributions in the years to come. Once again, I hope that this issue of Law Matters finds you well and basking in the warmth of a snow-free Alberta spring!

Steven Mandziuk, Q.C. of Finning (Canada) in Edmonton has been acclaimed

Secretary of the Executive Committee, Canadian Bar Association Alberta Branch for 2011 - 2012.

Judicial List

Frank Sanitate

TOP 10 TIME MANAGEMENT TIPS

THE VOICE OF THE LEGAL PROFESSION

Part 1 of 2

I have been teaching time mastery seminars to lawyers for 30 years. In the past year, I decided to have these lawyers teach me. I asked them to write their top time management tip, something they have learned to do in the past that has helped them better manage their time. I collected about 300 responses from lawyers in 4 countries: the United States, Canada, Australia and New Zealand. The following is a summary of the best practices: 1. Plan and Prioritize Your Time By far, the most important tip is to plan and prioritize your time. The best way to do this is by making a daily “to-do” list. Along with making a list, put the important things on your list first. Making a list is a simple concept, but often we forget to do it. The reason is simple: we already know our priorities and we want to jump in and get started. The value of the list is not so much in deciding what’s important, but it is a way of clearing your head. If you don’t make the list, while you’re working you hear voices in the back of your head: “Don’t forget this. Don’t forget me. You still have to do x, y and z.” If you make a daily list, you will still hear these voices, however, you now have an answer for them: “I didn’t forget you, but you are number 14 on my list today. There are 13 others in front of you.” It is a way of calming and clearing the brain as well as deciding on what is most important. Some other tips when it comes to planning and prioritizing: • Instead of prioritizing from 1 through 14 on your list, make 3 categories: A, B and C. Start off by just identifying the A’s, prioritize them and come back to your list after finishing them. One way of distinguishing what should go in each category is: what has to get done, would I like to get done, and what can wait. • Do one thing at a time in order of importance. What a novel concept! However, if you don’t take control of your time, modern technology, such as e-mail, makes it harder and harder to do this. • Block out time for high-priority tasks • Write down calls to return in the car • Set your own priorities. Don’t let anyone set them for you. • Save the easy tasks for the afternoon when you may be tired • Try to accomplish one of the prioritized items daily. The point here is to set low standards! 2. Control your time by controlling interrup-

tions

The second most important tip is the flipside of number 1. Once you plan your day, make sure you follow your plan by controlling what happens to your time. Block off time when you just aren’t available for walk-ins, phone, e-mail interruptions. Some specific tips that came with this category are: • Concentrate on one task; do not multitask • Let your clients and staff know when you’re available and unavailable

• Limit time given to interrupters • Have one day a week with no appointments • Learn to put your foot down - in other words there comes a point when you will refuse an appointment or other obligation.

3. Be the Master, Not the Slave of E-Mail The addictive behaviour of constantly checking e-mails and instantly answering these messages is the most serious and growing time management problem for lawyers. You don’t have to read an e-mail or text immediately, just because it happens to come in. Some specific tips for the Master: • Turn off pop-up window for incoming email • Be ruthless about addressing e-mail once or twice a day • Check e-mails only at the beginning, middle and end of each day • Deal with e-mails promptly when you do read them -- take action, and, don’t put them off • Let people know that you attend to your e-mail at only specific times each day. You can use an auto-response to advise people of this. You can say “Thank you for your e-mail. I will be checking my e-mail at 4 PM today, and will get back to you by 5:30 PM today”.

4. Do Long Term Planning and Prioritizing

Distinguish between long-term and daily planning. Setting priorities is not a bad idea, but, not all tasks can be dealt with right away. Longer-term planning or case management is also an important concept to incorporate into your time management strategy. One participant summarized it pretty well: “I have a work-in-progress list of current and upcoming work. I update it regularly so I am aware of what work I have to do and can allocate time and prioritize matters.” Among other tips, check out the contrast between the 1st and 2nd below: • Think ahead -- plan work and prioritize in your mind • Put it in writing (not in my head) and follow through • Do a monthly prioritizing of things to do • Make a list of tasks each week • Use a whiteboard for listing tasks to be done

5. Use a Calendar/Diary

It is necessary to use a calendar to diarize tasks and deadlines. You may find value in using an electronic calendar because you can use alarms for upcoming appointments with deadlines. • Put your critical work into your calendar, regardless of whether it is an external deadline or a self-imposed deadline • Set a one-week reminder for large projects, and keep the file related to that work close on hand.

Part 2 Continued in Summer 2011 issue.

Court of Appeal of Alberta M adam Justice C.D. Hunt in Calgar y was ap pointed a supernumerary judge as of January 2, 2011. Judge Br ian K . O ’Fer rall was appointed to the Court of Appeal (Calgary) effective March 4, 2011.

Court of Queen’s Bench of Alberta J u s t i c e R . P. M a r c e a u w a s a p p o i n t e d a s u p e r n u merary judge effective December 19, 2010. Justice J.H. Langston was appointed a supernumerary judge effective February 11, 2011. M a d a m J u s t i ce L . J. S m i t h w a s a p p o i n te d a s u p e r numerary judge effective February 24, 2011. R o d n e y A . J e r k e, Q. C . w a s a p p o i n t e d a j u s t i c e o f the Cour t of Queen’s Bench in Lethbridge effec tive March 4, 2011. Peter B. M ichalyshyn, Q.C. was appointed a justice of the Cour t of Queen’s Bench in Edmonton effec tive March 4, 2011. M . D a v i d G a t e s , Q. C . w a s a p p o i n t e d a j u s t i c e o f the Cour t of Queen’s Bench in Edmonton effec tive March 4, 2011.

Provincial Court of Alberta Judge Michael G. Stevens-Guille has been appointed as a par t-time judge effective May 2, 2011. Judge Albert G. Chrumka has been appointed as a supernumerary judge effective May 8, 2011. Gregory Steven Maxwell has been appointed a j u d g e t o t h e S o u t h e r n R e g i o n e f fe c t i ve A p r i l 1 , 2011. Susan Elaine Richardson has been appointed a j u d g e t o E d m o n t o n C r i m i n a l, e f fe c t i ve A p r i l 1 5 , 2011. Eric Dean Brooks has been appointed a judge to Southern Region effective April 26, 2011. D o n a l d B l a i n e H i g a , Q. C . , h a s b e e n a p p o i n t e d a judge to Calgary Civil, effective April 26, 2011. Margaret Joanne Durant has been appointed a judge to Calgary Criminal, effective May 9, 2011. J o h n P e t e r H i g g e r t y, Q . C . , h a s b e e n a p p o i n t e d a judge to Edmonton Region, effective May 16, 2011.

Back to basics

Supreme Court of Canada

Stephanie Dobson

Notice to the Profession April 2011

THE VOICE OF THE LEGAL PROFESSION

What Do Young Lawyers Want? Many young lawyers want to experience the profession differently but they simply do not know it yet. Generation Y has technology by the tail. Digital information is a way of life. A day does not go by without cell phones, computers and other emerging technologies. Echo boomers use social media as naturally as their parents used a telephone. They need to be constantly connected. The ability to send abbreviated messages by SMS, Facebook and Twitter is not simply a privilege. It is a way of life. Technology gives Generation Y a distinct professional advantage. News about anything travels in microseconds. Access to information is endless. Life moves in “real time”. Children of boomers are well equipped to deal with the trials and tribulations of law at a “break neck” pace. This, however, is not necessarily what young lawyers want. Young lawyers do not want what their parents had. There will be no “repeat performance”. They want to embrace the present and their future. They want challenges but they want those challenges to be fun - not soul destroying. The traditional practice of law used to be a job for life. Things do not move that slowly for Generation Y. The study of law remains a passion for many but there are so many other opportunities that accommodate flexibility, mobility and creativity. These are the things that many young lawyers want. The traditional practice of law is not for the weak of mind, body or spirit. Being a traditional lawyer is hard work. It means long stressful hours at the office away from family and friends. Firms generally do a great job of attracting the brightest and the best. In time, however, those initially attracted find that the initial promise of a long and satisfying career cannot compete with alternative career paths that are fun and flexible. Why would a newly minted and intelligent professional choose a life of indenture and servitude to one of freedom and flexibility? This is the choice that many of the most talented face. They can spend their best and most creative years of their lives trying to please the senior partners in a “highly respected” traditional shop or they can experience the joy of using their legal training for something much more flexible and exciting. The opportunities are endless. Training to be a lawyer is a long and expensive process. Many fallaciously reason that they must “stay

in” private practice because that was what they have worked so hard to do. They are in the wrong job, however, if they do not like hard work and long hours. Working blindly and slavishly is not a satisfying end for Generation Y to pursue. That was for their parents. Young lawyers expect time for friends, family and lifestyle. If they are unable to find it in the traditional firms they will pursue more exciting alternatives to match their expectations. The days of young lawyers being trapped in the “3 year cycle” are gone. This cycle included one year for the young professional to get the feel of the job; to get the lay of the land. A further year was spent trying to meet the firm’s expectations. The final year was spent learning that the firm expectations were out dated and unrealistic resulting in a move to something more rewarding. Today, young lawyers are equipped through their expectation and connections to determine that if the job is not working out within 6 months or so, they look in another direction. If working less is the goal, it must be kept in mind that the size of the pay cheque generally diminishes as the amount of work decreases. Some may trade big firm intensity for the life style and opportunity that a small firm setting may bring. This too may bring a smaller paycheque. Opportunities abound for the digitally savvy. For the disciplined few, working from home in a virtual law office is a real possibility. Using a legal education for something more than a traditional practice is now a reality. Computer know how coupled with legal training opens doors in education and academic administration, banking and finance, conflict resolution, government and politics, human resources, legal consulting, legal writing, publishing and consulting to name a few. Generation Y is best positioned to take advantage of these growing opportunities. To “live the life” may mean abandoning stodgy and out dated ideals that continue to be instilled upon this generation of young lawyers and embracing the opportunities for fun and growth that are possible and accessible. All it takes is self-realization and action. You may discover that you want to experience the profession differently. You just don’t know it yet.

Counsel are notified that the Rules Amending the Rules of the Supreme Court of Canada, SOR/2011-74, were published in Part II of the Canada Gazette on March 30, 2011. The amendments, which come into force on April 11, 2011, apply to all cases. The most significant change is that all provisions setting out requirements for formatting documents have been deleted from the Rules. These requirements are now set out in the Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada (Print and Electronic) issued pursuant to Rule 21. The Guidelines can be consulted at www.scc-csc.gc.ca. Some changes have been made to the deadlines for filing certain documents. For example, the month of July is now included in the computation of time for serving and filing a response to a motion for leave to intervene in an appeal and for serving and filing a reply to such a response. As well, the period beginning on December 21 in any year and ending on January 7 in the following year is included in the computation of time for filing a motion to state a constitutional question. The Rules and a guide to the 2011 amendments are available on the Court’s Web site at www.scc-csc.gc.ca and at the Registry office. For further information, please contact any Registry officer at (613) 996-8666.

Roger Bilodeau, Q.C. Registrar

GREAT RATES ON HOME AND AUTO INSURANCE

Judge for yourself Introducing the new home and auto insurance program for all members of the legal profession. CBIA Insurance Services offers home and auto insurance, complete with additional features and options that go beyond standard protection – all at exceptionally great rates.

W H AT A B O U T B O B ?

1-877-314-6274

www.barinsurance.com/homeauto

The Canadian Bar Insurance Association Sponsored Home & Auto Insurance is underwritten by The Personal General Insurance Inc. in Quebec and by The Personal Insurance Company in all other provinces and territories. Certain products and services may not be available in all provinces and territories. CBIA Insurance Services is a division of 3303128 Canada Inc., a licensed insurance broker.

McConnell MacInnes

PLAINTIFF LONG-TERM DISABILITY CLAIMS (WCB Claims Excluded) 27 years of experience in this field 4, 12110 - 40 Street SE, Calgary, AB T2Z 4K6 Tel: 403-640-1300

-3

7 1-87

GET A HOME OR AUTO INSURANCE QUOTE See how easy it is to switch your insurance company…and save money. And, you could win a trip for 2 to the 2012 Olympics in London just by getting a quote or providing the expiry dates of your current policies. CALL OR CLICK

R O B E R T A. R I VA R D

2 14-6

To enter

get a home or auto insurance quote

Toll Free: 1-866-640-1077 Also serving Edmonton

Details available at: www.barinsurance.com/homeauto Contest closes June 30th, 2011

CBIA_Ad_8.5x5.25_CMYK_0.125-bleed.indd 1

2/8/11 2:12 PM

V i e w f ro m t h e

avoiding and REsolving disputes

THE VOICE OF THE LEGAL PROFESSION

Law, Life and Limits It came as a bit of a shock when I was recently asked to speak at a function representing interests of senior lawyers. I thought to myself, I am not old enough to be a “senior lawyer”. Then I did the math. My children are all adults. My bones ache. I have arthritis. My 30 year service pin is only 3 years away. I am on the downward slope toward the end of my career. Where has all my time gone? My entire professional life has been spent learning about practice and the law. This has been an unending process. During this time, I have been uncontrollably motivated to help others in my role as a lawyer, offering myself for untold amounts of volunteer hours. These hours have been for service to the public and to the profession. I have been driven by some unseen force to continuously take on new challenges. This professional exuberance has had, no doubt, untold and unforeseen costs to me and the people close to me. My experience has been no different than that of all senior lawyers. It will be no different for young lawyers as their future unfolds. In his discourse pronounced at the inauguration of Joseph Story as Dane Professor of Law at Harvard University, 1829, the learned professor gave us this famous quote: “The law is a jealous mistress, and requires a long and constant courtship. It is not to be won by trifling favours, but by lavish homage.” Joseph Story`s plan during his presentation was to give students some general utility of the study of law “and to address them with more pointed application to those who propose to make it the business of their lives.” That is not my purpose here. My intention is to tell you that it is imperative that you find balance. Balance in your family, your work, your play, your studies and your life. To find balance it is necessary for you to know when to say “yes” and when to say “no”. Before you know it you will be receiving your 30 year pin. Do not wait until then to assess the “yes” or “no” decisions that you have made along the way. There is a constant tension between family and work. A war wages for attention and effort. There is a battle for time. Emotional energy is drained in a never ending skirmish between work and home. Lawyers must balance their profession’s “mistress” with spouses and children. Each of us has family and job pressures that wax and wane as we progress through our careers. We must recognize this fact and regularly,

Tony Young, Q.C. being candid, take stock of where we have been, where we are and where we want to go. Once we have made this assessment we will be prepared to make a reasoned and timely decision on whether to say “yes” or “no”. Lawyers are natural over achievers. They want to say “yes”. They want to do their jobs and do them well. Often, the tendency is to sacrifice home for career. Be cautious, however, when equating professional advancement to advances at home. Success in the office often leads to fame and fortune. With it comes the ability to buy a bigger house, a nicer car, and more lavish vacations. However, it also translates into more work, longer hours and higher professional expectations. For this reason, it is imperative that we also learn how to say “no” to things that may not fit with our life plan, our desired lifestyle or intended future. When a family member interrupts your schedule, perhaps with a question or even mundane activity, you may choose to answer with either a “yes” or a “no”. If you have a desire to have more time with your family the answer will, undoubtedly, be “yes”. It may be important to you that you are there for them. In such circumstances, be careful to ensure that time does not slip away. Make your “no” decision on a carefully considered and temporal basis. Time often expires much too quickly. Before you know it, children are adults. They live away from home and really do not need much time anymore. It is equally important to give the same careful consideration if your answer is “yes”. Career success is often determined more by timing and opportunity than by effort and training. At any given time it may be more important and beneficial to say “yes” to work necessarily placing limitations on your family time. The decision to say “yes” or “no” is a personal one. There is no right or wrong answer. Everyone makes different choices. Our choices send us down different paths. Some lead to happiness and others to despair. What I intend to impart here is that everyone should make a reasoned and timely “yes” or “no” decisions understanding fully the short and long term consequences. Have no regrets.

BENCH

There is just something about “authority figures” which irrationally causes me to feel guilty when I encounter them. Now, I suspect that many of us who, upon seeing a police car while we are driving, automatically touch the brake pedal even though we are not speeding. That simply seems to be a common reaction to seeing a police officer. Personally, when I see a police car, I feel as if I were a teenager again taking the driving test (no comments please that when I took the test it involved parallel parking a horse and buggy). I know from my work that no matter what a person does, it will look suspicious in the eyes of a constable (“the driver was (or was not) speeding, and that made me suspicious”; “he was flying to Vancouver with (or without) luggage, and that made me suspicious”; “he looked (or would not look) me right in the eye, and that made me suspicious”; “he was breathing, and that made me suspicious”. Not breathing seems not to be suspicious). However, it is not just police officers who cause sensations of Puritan guilt to rise up in me. Going across the US-Canada border in either direction makes me want to confess to everything from gun running to starting the Chicago fire. Now, in mitigation of my sentence, I must point out that my wife Gloria has done nothing to cure me of my border patrol phobia. Any time we drive to the States, we have a recurring conversation as we approach the border about what qualifies as food stuffs to be reported to the US authorities. Personally, I afford the posted warning sign about reporting food items a broad and purposive interpretation; Gloria tends to treat the sign as though she were interpreting a taxing statute, that is, the government had better precisely state the prohibition because no benefits of a liberal interpretation will be given. On one occasion, I thought we were ad idem on the topic, and that there was nothing in the vehicle which required confession and absolution. While I was carefully, and I thought candidly, answering the questions of one of the US Immigration Officers about how we were not in possession of any “forbidden fruit” which would compel our expulsion from (or in this case, entry into) the Garden of Eden (with which U.S. authorities had oddly confused the State of Montana), another officer, to whom I had paid no attention, had

Judge A.A. Fradsham open a rear passenger door of our vehicle, and extracted a ziplock bag of cherry tomatoes. She was holding up Exhibit A in my pending deportation hearing just as I was confidently declaring that we were a produce-free zone. I am sure no person in a witness box ever looked more surprised than I did as the inquiring officer pointed over my shoulder at his colleague and the “smoking gun”. The officer was very decent about the whole thing. He allowed as how he did not know why his superiors had their knickers in a knot about cherry tomatoes, and then simply confiscated them. I am confident that the salad bar in the staff cafeteria at that border crossing is second-to-none. I confess that feelings similar to that which I get in the presence of US border guards also befall me in the local Costco. For those of you not familiar with the Costco shopping experience (when you too can buy items in quantities hitherto available only to purchasing agents for major hotel chains or small, but thriving, African nations), you must proceed from the check out tills to an exit staffed by an individual who examines your cornucopia on wheels (sometimes referred to as a shopping cart), and compares it to the receipt which is taped to your order in a manner reminiscent of the wearing of a scarlet “A” in 17th century New England. I have no idea what the reasoning is for this procedure. I suppose it may be as simple as Costco staff members enjoying taking turns in seeing who would actually buy items such as horseradish by the crate. Or it may be that they enjoy rubbing one’s nose in the fact that one just spent hundreds of dollars on items to which one had never given one thought prior to wandering the Costco aisles. Personally, I think the Costco exit inspection ritual is a secret training programme run on behalf of Homeland Security’s border services. That explanation also ties in nicely with my theory that all WalMart greeters are retired, but frustrated, border guards, and you can imagine how comfortable that makes me feel in a WalMart. Remember, just because you are paranoid does not mean that they are not after you!

The St. Thomas More Lawyers’ Guild of Edmonton invites you to save the date and participate in the annual Red Mass to be held on Thursday, October 6, 2011 in the late afternoon, at the new St. Joseph Seminary Chapel, with a reception to follow. 9

W h a t ’s

H A P P E NIN G

3315 or toll free 1-800-668-7380 10: The Canadian Bar Association presents the 2011 National Constitutional and Human Rights Conference. Sheraton Hotel, Ottawa. Contact: Leslie Huard P: 613-237-2925; E: leslieh@ cba.org 14: The Canadian Bar Association presents the 2011 Military Law Conference. R.C.A.F Officer’s Mess, Ottawa. Contact: Leslie Huard P: 613- 237-2925; E: leslieh@cba.org July 4-8: The Federation of Law Societies of Canada presents the 38th Annual National Criminal Law Program: Criminal Procedure, Ethics and the Charter. Quebec City, QC. Contact: Jessica Grant P: 416-763-9165; E: jmgrant@ rogers.com 12: The Calgary Bar Association presents the 2011 Stampede Whoop-up. Calgary Bar Association members only. Website: www.calgarybarassociation.com

Please send your notices to: Patricia (Patty) Johnston, Q.C., c/o Energy Resources Conservation Board Phone: 403-297-4439 E-mail: patricia.johnston@ercb.ca

The Legal Education Society of Alberta: Jennifer LC Flynn, Managing Director

Volunteering: Passion. Action. Impact. “Volunteerismisthevoiceofthepeopleputintoaction.Theseactionsshapeandmoldthepresentintoafutureofwhichwecanallbeproud” -Helen Dryer

Last month, we used National Volunteer Week (April 10th to 16th) to jumpstart a conscious re-commitment to supporting volunteerism. We know that Alberta lawyers and legal support staff have a rich history of volunteering and involvement in the Alberta legal community. The Legal Education Society of Alberta, in particular, owes its success to generous contributions of time, talent, and energy from hundreds of seemingly tireless volunteers. This year’s theme for National Volunteer Week was: Passion. Action. Impact. These words truly capture what volunteers contribute each year to LESA’s live events, educational resources, and the CPLED Program. Our volunteers bring a passion to their work, whether in presenting to a seminar group or providing one-on-one feedback to a learner. They bring action through their contributions to our educational resources, whether by authoring materials, acting in a video, sitting on an advisory board in a practice area, or contributing to our online library. They have an impact in all that they do to enhance the practice of law in Alberta. At LESA, celebrating the work of our volunteers is not something we do only one week of the year. If you were a fly on the wall in the LESA office, you would hear us say—on a daily basis—how honoured we are to work with such incredible volunteers, and how much we appreciate everything they do in support of our organization. Without this volunteer support, we simply could not have delivered the educational resources or programming we have. As we come to the end of one educational year, we are already busy preparing for the next one: • Our 2011-2012 Educational Calendar will be hitting desks shortly. Curious for a sneak peek? Our 45th Annual Refresher Course will take place in Lake Louise on May 5th to 8th, 2012, and will focus on Real Estate. We are also

Shannon McGinty

Physical Activity – Yes You Can!

Patt y Johnston, Q.C.

May 12-14: The Canadian Bar Association presents The 2011 Citizenship & Immigration Law Conference, Gatineau, QC. Contact: Nancy Fullerton. P: 613- 237-2925; E: nancyf@ cba.org 17: The Canadian Bar Association presents the 9th Annual Pension and Benefits Hot Spots: Essential Updates on Key Legal Issues. Toronto, ON. P: 416-869-1047; Website: www.oba.org 19: Ontario Bar Association presents How much is too much? – Valuation of Land in Environmental Cases. Toronto, ON. P: 416-869-1047; Website: www.oba.org. 26-27: The Canadian Bar Association presents The 2011 National Biennial Health Law Summit. Montreal, QC. Contact: Nancy Fullerton. P: 613-237-2925; E: nancy1@ cba.org June 3-4: The Canadian Bar Association presents the 6th Annual Solo and Small Firm Conference and Expo. Toronto Contact: The Law Society of Upper Canada. P: 416-947-

THE VOICE OF THE LEGAL PROFESSION

Health matters

adding a new multi-day program to our calendar, specifically targeted at general practitioners. This course, which runs in Edmonton on November 18th and 19th, 2011 will provide updates in a range of practice areas and offer practical take-home strategies for those practising in smaller firms. Also watch for new programs that are eligible for credit towards our Civil Advocacy Series Certificate. • We are busily reviewing, revising, and consolidating various practice manuals and resource materials. Our goal is to provide even more timely and convenient access to quality legal information, both in print and electronic form. LESA already has hundreds of recent, topical seminar papers available online. Before embarking on laborious research, consult our website to instantly download papers written by subject matter experts in the area. • We are ramping up for another year of pre-call admission training for Alberta articling students. The key dates for the 2011-2012 Alberta CPLED Program have been announced for both the face-to-face and the online sessions. The first module, Oral Advocacy and Professional Responsibility, starts August 8th, 2011. As these initiatives roll out over the next year, we hope you will remember that these programs and resources are made possible by the efforts of exceptionally busy lawyers and legal support staff. Those who donate their time and expertise for the benefit of our legal community are some of the brightest, busiest, and most extraordinary individuals in the Alberta legal community. For your passion, action, and impact: We thank you.

We’ve previously gone over some of the unfortunate outcomes of a busy and stressful career that isn’t kept in balance: poor physical and mental health. The question for many young lawyers is how to avoid these outcomes and achieve a healthy lifestyle in the face of competing demands for your time – billable hours, work and client functions, trying to maintain the semblance of a social life, and more billable hours. Achieving the elusive “balance” is not just a balance between work and life; it requires a careful consideration of how to achieve physical, emotional, and professional balance, which first requires recognizing the value in doing so. The World Health Organization recognizes ‘health’ not just as an absence of disease in the realm of communicable diseases but has now placed a more recent emphasis on non-communicable diseases. Meaning, the major risks to global health are now seen to relate to behavioural factors, notably physical inactivity, unhealthy diet and the harmful use of alcohol and tobacco. Non-communicable diseases including heart disease and stroke, diabetes, and cancer are seen by the WHO to be the result of these avoidable behavioural factors, a heavy price to pay for failing to take the time to monitor your physical activity and diet. Physical activity is the best way to control stress, improve sleeping patterns, and improve cardiovascular and overall health. Daily activity, of varying intensity and duration is preferable. This doesn’t have to mean going to the gym for a 40 minute cardio session every day, and can simply mean working activity into your daily schedule. Walk to the bus or the train, get off a few stops early and walk the rest of the way. Walk or bike to work. If the idea of going to the gym doesn’t horrify you, but you have no idea where to start, almost all gyms have dedicated trainers who you can hire for an initial consultation or for ongoing sessions which will help provide variety and consistency to your workout routine.

If walking or going to the gym do not inspire you, a review of some of your colleagues’ physical activities can hopefully provide some inspiration: • recreational sports leagues • bellydance, latin, and hip hop dance • judo • yoga • marathon training • squash • karate In relation to recreational sports leagues, both Calgary and Edmonton have Sports and Social Clubs which organize teams in a number of sports including basketball, floor hockey, volleyball and badminton, amongst others. You can join teams as an individual, with a friend or two, or create your own team. There are varying skill levels available, so if you haven’t played basketball since high school, you can still find a team to accommodate your skills, or lack thereof. I am aware that other Alberta centres have readily accessible recreational programs as well. As a member of a newly-forged dodgeball team consisting largely of lawyers who haven’t played dodgeball since grade 6, I can say that if you want some exercise, fun, and have absolutely no skills in organized team sports, recreational dodgeball is a pretty good option. Also, you get to throw balls at people, which is always a bonus. For those in Calgary and Edmonton, check out: www.calgarysportsclub.com www.edmontonsportsclub.com

Digital On-Demand Prepress Solutions ANNUAL REPORTS BOOKS, MAGAZINES LIMITED EDITION PRINTS PRESENTATION FOLDERS CORPORATE BROCHURES DIGITAL PRINTING | EMBOSSING DIE CUTTING | FOILING AND MUCH MORE! 2815 – 12 Street NE, Calgary, AB T2E 7J2

TEL 403-250-9022

www.style-craft.ab.ca

For the most up-to-date information on live events, educational resources, pre-call admission training, and volunteer opportunities, watch for details at www.lesa.org, call 1-800-282-3900, or find us on Facebook.

THE VOICE OF THE LEGAL PROFESSION

F ront & C entre Town Hall

Law Day 2011

The Alberta Town Hall Meeting initiative jointly sponsored by the CBA-Alberta and Alberta Justice and Attorney General continued on in Okotoks (February) and Fort McMurray (March).

On April 16th, Annual Law Day events took place for the 29th consecutive year here in Alberta. With sincere thanks to the hundreds of volunteers and court house staff who devoted thousands of hours – educational, fun, family events were held in Calgary, Edmonton, Lethbridge, Medicine Hat & Red Deer. The Ft. McMurray (May 28th) and Grande Prairie (June 17th) events are still to come!

Okotoks Town Hall:

Calgary

Thank-You:

Renee Roy and Cyndy Morin – Calgary Law Day Co-Chairs.

Thanks to our Panel members: Judge Barbara Veldhuis, Judge Harry Van Harten; ADM Criminal Justice, Greg Lepp, Q.C.; Fort McMurray Chief Crown Prosecutor, Steven Hinkley; Defense Counsel, Michael Dinkel, Q.C. Provincial Corrections representative, Jim Cook; Correctional Services Canada representative, Sue Coatham; Parole Board representative, Lorrie Vacing; Okotoks RCMP Officer Cpl. Brent Bliss; Fort McMurray RCMP Officer S/Sgt. Sean Maxwell and CBA President, Analea Wayne for giving freely of their time and expertise to provide education on our Justice System to Okotoks and Fort McMurray and area citizens.

The cast of GLEEfully Paying your Taxes! put on two musical extrava- The cast of Bootleggers and Bloodshed, a play based on real life Alberta Justice system history, ganzas that proved even taxes can be fun (and educational). after their command second performance. One performance was not enough to satisfy demand!

Judge Sean Dunnigan hosting the “He Said/She Said” Interactive Game Show – one of a number of Law Day Family Law Fair events.

Thanks also to our city hosts for their support of the Town Halls: Okotoks Mayor, Bill Roberts and Fort McMurray Mayor Melissa Blake.

Fort McMurray Town Hall:

Two remarkably similar looking young men pose with our as of yet unnamed Law Day Mascot. Over 200 entries were received for our Name the Mascot contest. The final arbiters (serious business) are reviewing and debating the merits of all the entries – the winning name will be revealed next edition.

Edmonton

Spring Section Meetings: The Civil Litigation and Criminal Justice south section hosted “An Evening with Edward Greenspan: Advocacy and the Vanishing Trial” on March 3, 2011 at the Palliser Hotel. (left to right) Malinda Yuen, Edward Greenspan, Deanna Steblyk, Robert Stack

Zebra Child Protection Centre – one of over 30 exhibitors at this year’s event.

Red Deer

CBA Secretary Marian De Souza presenting the bursary to St. Elizabeth Elementary Catholic School Principal, Mona Dombroski.

Children’s Trial Participants from Goldilocks & The Three Bears - (left to right) Yoko Azumaya, Ed Picard, Melissa Sadownik, Kari Sejr, Jill Mansell, Shelly Atkinson (front) Mathieu Lafleche.

Opening Ceremonies and Citizenship Court anthem singer Kevin Mott from the Crown Prosecutors Office.

Red Deer Rural RCMP Cst Nicole Harvey with Tracy Kintzel, Manager, Court of Queen’s Bench and Cst. Francois Decelles.

CBA President, Analea Wayne moderates the panel discussion.

Duhamel Manning Feehan Warrender Glass LLP performing with Court Clerk, their original masterpiece, “Death by Throwing Star, Or is it?”

ADAPTING TO CHANGE

THE VOICE OF THE LEGAL PROFESSION

Where is Your Atticus Finch? How many of you have read, “To Kill a Mockingbird”, by Harper Lee? The central character, Atticus Finch, is an older lawyer – and according to his daughter, Scout, “Atticus was feeble: he was nearly fifty.” He is seen as pretty unspectacular by his children because he is older than the other parents and not quite as interesting from his children’s point of view. Yet while Atticus was “nearly fifty” and was, after all, not even a real person, his example is one worth looking at in our profession – for Atticus was a lawyer, a lawyer who undertook the defence of a black man in racist depression-era Alabama when his client is wrongfully accused of sexually assaulting a white woman. And, perhaps, more important in the novel than the courtroom efforts of Atticus Finch, is the way that he provides mentoring guidance to his children – imparting wisdom born of his years more valuable than the knowledge gleaned from his law books. In speaking to his daughter, Scout, he at one point says, “I wanted you to see what real courage is, instead of getting the idea that courage is a man with a gun in his hand. It’s when you know you’re licked before you begin but you begin anyway and you see it through no matter what. You rarely win, but sometimes you do.” This same statement could have been made to a young lawyer, perhaps, and while no one could argue that this sort of wisdom was likely to find its way into a bar admission examination, or outlined in an appellate brief – I think we would be hard pressed to suggest that the statement doesn’t have value. I bring up Atticus, because, in this writer’s estimation, there is a growing loss of mentorship in our profession (keeping in mind however, that like Atticus, I too am “almost 50”, and as such, may also be feeble, so my thoughts might be taken with a grain of salt.) The practice of law has evolved greatly in the 26 odd years since I first was hired as an articling student in 1985. Technology has advanced so rapidly, that it’s hard to sometimes keep up – and this has had a measurable impact on the practice of law. I have seen typewriters replaced with word processors, and then computers. I have seen the teletype, giving way to fax machines giving way in turn to email, and now the boom of smart phones. In a profession where our stock in trade is knowledge and the ability to communicate it, the information age has made communication instantaneous and abundant. So why do so many lawyers seem lost and disconnected from their profession and their colleagues? In 2004 the CBA retained the assistance of Ipsos-Reid to conduct a survey of our profession to examine how we see ourselves, disclosing the following:

Unsung Hero

Robert Harvie

- seven in ten (70%) lawyers questioned affirm that they have given some consideration to leaving the practice of law. - when presented with a list of potential challenges, and asked to choose which one is the biggest challenge they face in their practice, time demands (55%) is by far the most often cited challenge, followed distantly by money (13%), and the profession generally (10%). - when questioned as to their interest in more mentoring opportunities, almost half (48%) say they would benefit greatly from increased mentoring opportunities. Perhaps not surprisingly, lawyers who have been practicing for 2 years are much more likely to express an interest in more mentoring opportunities (67%). For all of the suggestions that technology and social networking make it easier and quicker to do our job and connect with our colleagues – I would suggest they have done just the opposite. They have created expectations to do things quicker and on a less personal basis – with the bottom line, short-term profit, becoming much more of a ruling consideration in how we conduct what we do, from day to day. As suggested in the survey, the stresses we deal with are predominantly those of finding enough time in the day, and enough money squeezed out of that time. It may well be that as these pressures mount, “mentoring”, has become viewed as “unproductive”. There was a time in my early practice where every day at 5:00pm, work would more or less stop and the firm lawyers would gather in the firm lounge for a beverage. As a student and then junior lawyer, these meetings were invaluable. They allowed for broad questions about the practice that didn’t relate to any specific file, the sort of “beer talk” that often gets dismissed as mere “war stories”, but which, in fact, allows the younger lawyers to glean from the wisdom of those who have gone before them. And it was during meetings like this that you learned of the “unwritten rules” of the practice – of how indulgences may or may not be granted, of how the client is not always right, of how things like reputation are built and lost. Things that don’t show up in law school texts or in Wigmore on Evidence. And this ability to achieve not only skill, but “wisdom”, goes to the heart of our professional development. It was not so long ago, in 19th century England, where to be a lawyer required no University education at all. All knowledge was received through mentorship. To quote from “A Brief History of Articling”, by Yves Faguy : “Requirements for barristers in England were less demanding. To be called to the Bar, students were required to “keep terms” by dining several times in the company of Continued on page 15

This new feature titled “Unsung Hero” is intended to introduce a member of our profession who has demonstrated extraordinary leadership, innovation, commitment, or made significant contributions to social justice and community affairs. We are delighted to introduce you to John Gulak. John is proud to be a lawyer. As a young kid growing up in Lloydminster watching his father, also a lawyer, take an active role in community affairs and his mother elected mayor, it would be easy to think that John’s destiny was a naturally gilded one, rooted in the success of overachieving parents. Not so. At fifteen, John’s father died suddenly while skiing. Living up to your best memories of a parent at that age can’t be easy. John acted the confident “grown up” without fully dealing with his loss. Perhaps because of his quiet and serious confidence, few were surprised that he started law school at the age of twenty, was hired by a big downtown Calgary firm, and made partner at 32. All in all, a pretty good start... As a young lawyer in the late eighties, John became involved with the Boys & Girls Clubs of Calgary, serving locally and nationally as a volunteer for nearly 20 years. It was a welcome change, working in a big firm where the lawyer is king to volunteering with a not-for-profit with a big heart, good ideas, and never enough money. John learned that having to do more with less can give rise to a creative freedom which requires innovative thinking and bold design. And then, a twist... In his forties, and with a seemingly powerful tailwind, John was forced to confront his own cocaine addiction. What made addiction difficult to confront was how it challenged John’s identity as a lawyer. After all, lawyers get paid, and indeed seek validation, to solve other people’s problems. What happens when lawyers get caught up in solving other people’s problems but don’t see their own? I often wonder how forgiving our profession really is, but

John Gulak John will tell you that if it weren’t for his friends and colleagues in the profession, he wouldn’t have made it through - but make it through, he did. Contrary to every modicum of good practical sense, John left his firm in 2005 with no real game plan for what to do next. He spent significant time hanging out, riding his bike, catching up with friends. During this time, he had few tangible achievements to show for, but he was really focused on defining his own path – perhaps the most significant of all achievements in our fast paced pre-programmed world. In 2007, he joined Brett Wilson’s (of Dragon’s Den fame) private equity investment firm where he is VP of Legal & Fun. John claims (with a straight face) that law and fun can co-exist and he continues to pursue his community passions. He has done volunteer work with the homeless through the Mustard Seed Street Ministry and Alpha House. He serves on community boards, including ASSIST where he advocates a more holistic view of lawyer wellness; the Calgary Drug Treatment Court which seeks a more sensible outcome to criminal prosecutions arising out of addiction issues; Outward Bound Canada, which seeks to develop leadership and confidence skills in young adults; and the Calgary Arts Academy, a public charter school. We celebrate John’s achievements -- John is an “unsung hero” – and he represents some of the best qualities of our profession. Article written by Ola Malik If you know a lawyer who rightly deserves to be recognized but is often quietly overlooked, please send us an e-mail to newslet@ cba-alberta.org setting out the name of the lawyer and the reasons as to why you believe that they are an “unsung hero”. The only formal requirements for nomination are that our “unsung hero” be an Alberta lawyer and CBA member.

Where is Your Atticus Finch? - continued from P. 14 practitioners who would impart their knowledge on eager minds. After the meal, students participated in moots, held in the hall before a mock appellate court. One distinguished barrister described keeping terms as no more than “being present at the time grace is said, for a minute or two, a certain number of days in each term.” Certainly, the movement towards a more structured model of education has benefited our profession, but one fears that, perhaps, we have moved too far. That in the drive to be the smartest lawyer, the most productive lawyer, we have eschewed those days of sitting around the firm lounge, or “keeping terms” with our more seasoned veterans of the profession. A word of advice. Too often I have seen aggressive and bright young lawyers lose themselves in their zeal. Losing the “finesse” that makes for a well-rounded and impressive lawyer, where the quality of your work is not simply measured in the hours you bill or the cases you have won, but also in the esteem in which your colleagues hold you.

The practice of law is a profession like no other. There is, at the end of the day, a common kinship in all of us that has brought us to this calling and that speaks to us. It would be tragic, indeed, if the magic of what we do and how we do it was reduced to the occasional tweet of something less than 140 characters. To young lawyers I say, take the time to reach out to the ‘Atticus Finchs’ in your firms or, where they are not available, in your legal community. To more elderly counsel (sadly, including myself in that description) I say, make yourself available. Seek to pass on the lessons that you have learned the hard way, and, while you’re at it, the comical stories of yourself and others that allow us not to take ourselves too seriously. Be aware that what we do is so much more than time sheets and legal briefs. Canadian Bar Association Futures Initiative Survey - http://www.cba.org/ CBA/futures/pdf/ipsos_final.pdf

2 http://www.cbanational.student.rogers.dgtlpub.com/data/issuePDF/ LAW-E/8500000523-LAW-E.pdf

Practice Pointers

Gillian Marriott, Q.C.

Tackling Technology: Technology in the Courthouse

THE VOICE OF THE LEGAL PROFESSION

Creating a Culture of Pro Bono – One Step at a Time The spring season of pro bono has been busy! Following the success of Raising the Pro Bono Bar events in 2009 and 2010, Pro Bono Law Alberta and CBA Alberta Branch are once again hosting these events in 2011 in collaboration with the pro bono clinics and organizations in Alberta. The purpose of these events is to introduce new lawyers and articling students to the volunteer opportunities that exist with pro bono clinics and organizations throughout Alberta, as well as to allow new lawyers and articling students to network with each other and meet others in the legal profession who are engaged in pro bono service delivery. Attendees have an opportunity to meet and speak with staff and board members from the respective pro bono clinics and organizations to learn first-hand how their volunteer involvement can enhance access to justice. Two events were held in Calgary and Edmonton in March 1 and 7 respectively. Special guests included Chief Justice Neil C. Wittmann (Calgary event) and Associate Chief Justice Rooke, The Honourable A.G. Vickery, Chief Judge and The Honourable Madam Justice June Ross (Edmonton event). Feedback collected from participants was very positive and indicated that the Raising the Pro Bono Bar events should be continued into the future. The next events are scheduled for Lethbridge on April 28, Grande Prairie on May 5 and Central Alberta (Red Deer) on June 23. PBLA also hosted a Managing Partners’ Meeting for Calgary law firms on March 16, 2011. The purpose of this meeting was to provide an update as to the accomplishments of PBLA and to keep the legal community apprised of PBLA’s current and future projects. Guest speaker Mr. Edwin “Ted” S. Maynard, Partner at the New York law firm Paul Weiss, spoke about the importance of pro bono for law firms and the impact large firms have had in

From the desk of Anne L. Kirker

advancing the pro bono movement in the United States. Mr. Maynard gave his ‘top ten’ reasons for why law firms should do pro bono work, including: personal call to public service, client development, firm cohesion and morale, professional development and public image of the profession. The diverse audience included representatives from several law firms, pro bono clinics and programs, corporate counsel, and not for profit organizations that PBLA is currently involved in partnership with. The Volunteer Lawyer Services (VLS) expansion is now in full gear as of April 1. Funding for the 9-month pilot project expansion has been provided by the Law Society of Alberta. We are also grateful for the continued funding that The United Way of Calgary and Area has provided for a number of years. The VLS program has been operating since 1995 in Alberta. In addition to continuing to assist not-for-profit groups with their legal concerns, the VLS program will also now assist individuals through a referral process from the pro bono clinics and Legal Aid. In the first few days of the official pilot project, the PBLA office has already received several calls/ emails from the public, so the word is getting out. In order for this unique and exciting initiative to succeed and to help more Albertans have greater access to justice, we need your support. Please call 403-5414803 and speak with Rebecca Hepner, Volunteer Lawyer Services Program Manager, or email her at vls@pbla.ca for information on how you can get involved. You can also download the sign-up sheet at www.pbla.ca/volunteer Get on Board! Volunteer with Volunteer Lawyers Services.

LLM Program in Natural Resources, Energy & Environmental Law What can a Master of Laws (LLM) do for you? Graduate studies in law are an excellent way of acquiring skills to help you achieve your goals in legal practice, the government and NGO sectors, and academia. We offer thesis-based and course-based LLM programs, and depending on the program you can choose to attend full-time or part-time. We have numerous courses in the Faculty of Law with a focus on Natural Resources, Energy and Environmental Law. Programs start Sept. 2011 and Jan. 2012. For more information: Phone: 403.210.8718 Registration: www.law.ucalgary.ca/grad

Keeping abreast of changing technology and its impact in civil litigation remains a significant challenge for counsel and the court system. In this final installment of our three part series on technology, we have addressed the recently introduced Civil Practice Note 4: Guidelines for the Use of Technology in any Civil Litigation Matter, which builds upon the concepts introduced in our previous two columns addressing e-filing, electronic access to records and e-discovery. Part of the shift toward the integration of technology into the courtroom has been as a result of the construction of new courthouse facilities. The Calgary Court Centre provides a good example of a “tech friendly” modern courthouse. Some of the technological features of the Calgary Court Centre include: • an audio/visual system that has the capability to link with Remand Centres throughout Alberta; • five remote witness rooms that can be linked to any courtroom and allow a witness to appear by video (primarily for child witnesses); • sound reinforcement systems including an assertive listening system to accommodate individuals with a hearing impairment; • the ability to present multimedia evidence directly from counsel tables or a special podium; o evidence presentation can be enhanced through the use of annotation-capable touch screens by counsel or witnesses; o document cameras are available to allow physical evidence to be presented onscreen; • multiple courtrooms that can be linked by video to accommodate large galleries; • a media viewing centre that allows media to remotely monitor court proceedings; • real time reporting connections that allow participants in the proceedings to receive real time transcripts; • all counsel tables are equipped with internet connections; • video conferencing is available in all courtrooms and several high tech meeting rooms.1 Keeping pace with this introduction of technology, the Alberta Courts introduced Civil Practice Note 4: Guidelines for the Use of Technology in any Civil Litigation Matter 2 on March 1, 2011. Based on the January 2008 National Model Practice Direction for the Use of Technology in Civil Litigation developed by the Canadian Judicial Council,3 this Civil Practice Note encourages counsel to consider and address issues of electronic management of evidence as early as possible in the litigation process,4 and assists in addressing those issues arising in the preparation for and conduct of an electronic trial. Practice Note 4 is essentially a voluntary framework designed to “…provide guidance to parties in the use of technology for the preparation and management of civil litigation in the Court and a Court approved framework for managing both hard copy and electronic records in a technology environment.”5 Parties are encouraged to develop and adopt a protocol in any proceeding involving substantial electronic discovery, where potentially discoverable records exceed 1000 records or 3000 pages, where three or more parties are involved, or which is likely to be longer than 10 days or involve multi-jurisdictional or cross boarder processes. (Note that the Court may order the

parties to adopt Practice Note 4). The Practice Note guides the development of a protocol for the electronic delivery of court documents (pleadings), electronic discovery and access to records, and for the conduct an electronic trial defined as: “a hearing where evidence is managed, presented and stored electronically by the Court in an Maureen eCourt. The eCourt is a multimeKilloran dia electronic in-Court system designed to manage the electronic information relating to and generated by a eCourt case.” The eCourt system is intended to manage transcripts, evidence, associated materials and integrate external court resources. Counsel can agree to modify the default standard protocol set out in Practice Note 4 to fit their own circumstances. The primary emphasis is on establishing An n e a clear framework for the use of technolKirker ogy in any specific proceeding. Counsel wishing to proceed under Practice Note 4 are required to make submissions dealing with all aspects of technology that may be used at the trial not later than the first pre-trial conference .6 The parties are also required to meet with the eCourt coordinator not less than 30 days prior to the commencement of the trial to ensure that the appropriate arrangements are made for the use of the required technology.7 The potential benefits are obvious. We encourage you to have a look at the new Practice Note. For further information or assistance contact the eCourt Coordinator or see the Litigation Technology link under Practice Note 4 on the Court’s website. With thanks to Clarissa Pearce for her very able assistance.

1 Fernie Tiflis, “Alberta Infrastructure: Calgary Courts Centre,” Construction Today (18 December, 2008). 2 Civil Practice Note 4, Alberta Court of Queen’s Bench. Available online: http://www.albertacourts.ab.ca/CourtofQueensBench/ PracticeNotes/tabid/93/Default.aspx. 3 Canadian Judicial Counsel, National Model Practice Direction for Use of Technology in Civil Litigation (January 2008). Available online: http://www.cjc- ccm.gc.ca/english/news_ en.asp?selMenu=news_pub_techissues_en.asp 4 See preamble: http://www.albertacourts.ab.ca/CourtofQueensBench/PracticeNotes/CivilPracticeNote4/tabid/368/Default. aspx 5 Civil Practice Note 4, Alberta Court of Queen’s Bench, s. 1.1. 6 Civil Practice Note 4, Alberta Court of Queen’s Bench, s. 7.1. 7 Civil Practice Note 4, Alberta Court of Queen’s Bench, s. 7.2. The eCourt Coordinator can be contacted at ecourt.coordinator@ albertacourts.ca

Cross-Sect ion

C ro s s -Sec ti o n

SOUTH

NORTH

Derek Allchurch Birch Miller

From the Desk of Jane Corns

THE VOICE OF THE LEGAL PROFESSION

From the desk of Derek Allchurch

It is now late April and spring has finally arrived in Calgary. Before you get out and sniff the daffodils please ensure that you have recruited volunteers for your 2011/12 Section Executive. Linda Chapman (sections@cba-alberta.org, 403.218.4313) needs your Section Executive finalized so that the information can be included in the section handbook for September. The new executive should try to line up their September and October speakers before the end of June to ensure a smooth start to the year. On April 20th I attended a delightful section meeting: The Senior Lawyers section and Young Lawyers section combined to host an evening wine and cheese. Bob Kerr started the discussion on “Crossgenerational values and the practice of law” by talking about the Calgary bar in the 1950’s when he started. Wendy Best Q.C. represented the Baby Boomer and talked about the challenges of being a female law school graduate in the 70’s. Finally, Kyle Kashuba of MacLeod Dixon LLP made some very amusing comments on behalf of the Internet Generation. This was a great example of two sections getting together and promoting a topic of mutual interest. Way back on February 3rd I went to a Law Practice Management section meeting which provided further insight into the practice of law in Calgary. Adam Pekarsky of Pekarsky Stein gave a fascinating

Jane Corns Steve Mandziuk, Q.C.

presentation on “The Power of Paranoia”. Mr. Pekarsky’s presentation focused on law firm economics and the generational differences that can stand in the way of a successful law firm. The Law Practice Management section is still in its infancy but they are a talented committed group. I would encourage you to try one of their meetings on the 1st Thursday of every month. The Chair of the Law Practice Management section is Kyla Sandwith of Borden Ladner Gervais LLP (ksandwith@blgcanada. com, 403.232.9501) if you are interested in getting involved with this section. There was another example of section synergy on March 3rd when the Civil Litigation and Criminal Law sections got together to host “An Evening with Edward Greenspan: Advocacy and the Vanishing Trial” This joint session was held at the Palliser Hotel and was very well attended. Mr. Greenspan’s fondness for Calgary and amusing anecdotes regarding his many years as prominent defence counsel made for an enjoyable evening.

Another CBA season draws to a close but the enthusiasm carries forward! On Steve’s behalf, I extend a collective heartfelt thank you to every member – the momentum of CBA’s success is a direct result of your participation at meetings, volunteer work as executive or engagement in other CBA activities. Kudos to YOU! For those renewing or changing executive roles consider using the summer months to canvass colleagues about potential presentation topics and speakers. No doubt, cajoling a classmate to brainstorm meeting ideas may be facilitated over a cocktail on a sunny patio! Summer may also present an opportune time to set up a meeting with current or past mentees. The CBA’s mentorship program continues to grow with students consistently expressing interest in staying in touch with mentors. For those interested in taking on a section executive role, we encourage you to do so! In the upcoming months sections host special meetings for elections and every section is always welcoming of new volunteers. If you would like to speak with someone about the role and its benefits, please feel free to contact the CBA office, current section executive, or myself or Steve directly. 2010-2011 saw another captivating Alberta Law Conference (this year in Edmonton), another entertaining (and educational) Law Day, as well as other successful events such as the Inns of Court dinner. Be sure to stay connected, either online or through the next issue of Law Matters, for the 2011-2012 calendar of these occasions. As I am sure you’ve come to appreciate or experience for yourself, these events are pillars in the CBA community, enhancing practitioners’ practices and performance talents!

A final thank you for the opportunity to serve as CBA Alberta North section co-coordinator; my term has come to a close and I feel truly blessed to have worked along side such thoughtful and caring colleagues. Steve, my dear friend, I know the year that lies ahead will be most fabulous for you. If not because of your most well deserved and exciting new role as CBA Alberta Secretary, most certainly because of your recent engagement! Congratulations – love and abundance to you and Josie. And to all readers, indulge me as I author my last CBA article – I can’t resist but include reference to what I expect will be my lifetime’s all time favorite quote – an except from Nelson Mandela’s inauguration speech, written by Marianne Williamson: “Our deepest fear is not that we are inadequate. Our deepest fear is that we are powerful beyond measure. It is our light, not our darkness that most frightens us … “ If it strikes a cord or sparks interest, Google a couple key words from the above for the full text. In my view, it is a profound articulation of a universal plague – a disease or ‘dis-ease’ of believing we should limit our capacity, or desire, to shine our individual light. If light is love and compassion, let there be much light … and let your light bring out my light! Blue skies, Jane

LLB to JD Degree Conversion Odette Diaz-Tully

Development, Communications & Alumni/ae Affairs Officer University of Calgary

HIGH QUALITY Reliable Legal Research Experienced Research Lawyers Barbara E. Cotton, B.A., LL.B. PHONE : (403) 240-3142 FAX: (403) 242-5756

barb@bottomlineresearch.ca RESEARCH AND COMMUNICATIONS

www.bottomlinere s e a rch .ca 18

The University of Calgary and The Province of Alberta have approved the renaming of the Bachelor of Laws (LLB) degree designation to that of Juris Doctor (JD). This change officially took effect on September 1, 2010. Students entering their second or third year of law school will have the opportunity to graduate with their choice of an LLB degree designation or a JD degree designation. Students entering their first year of law school on September 1, 2010 will graduate with a JD degree designation. There is an opportunity for alumni to change their degree designation. The deadline to make this change is August 31, 2011. To request the conversion of your degree designation, please fill in an Application for Change of

Degree Designation form (http://www.ucalgary.ca/registrar/law) and submit your original LLB degree. If you have lost your original LLB degree, you will need to fill in two forms: A) Application for Change of Degree Designation form (http://www.ucalgary.ca/registrar/law). B) Statutory Declaration form (http://www.ucalgary. ca/registrar/law). Once your degree has been converted, your official University of Calgary record will be adjusted and you will receive one copy of your official transcript with your new diploma. For questions, please contact Odette Diaz-Tully, Development, Communications & Alumni/ae Affairs Officer, at (403) 210-8720 or odiaz@ucalgary.ca 19

THE VOICE OF THE LEGAL PROFESSION

Retention In An “UP” Market Over the last few months we have been, once again, having conversations with managing partners regarding associate retention. Judging by the nature of those discussions and watching an ever increasing demand for associates and partners over the past few months, it has become obvious that we are once again in an “up” market where lawyers of all seniority have a lot of employment options and there is a significant increase in lateral mobility. Most law firms invest great time, effort, energy and ultimately money in training their associates, often to lose them when they are finally coming into their own (around the 5th year mark). So how does one increase retention rates and ensure that associates are happy at the firm? This article offers a few suggestions. Be Aware Knowledge is power and you don’t want to know less than your associates about market activity. Talk to colleagues or contact a recruiter to find out how the market is doing. Find out if salaries are increasing. Ask how has the arrival of new firms in Calgary impacted the market. The more you know about what is going on in the market place the better prepared you will be to deal with questions or concerns your associates may have. Little is more frustrating to associates than feeling like management does not know about the market and is not responsive to changes occurring. Be Confident Chances are you feel as though you’ve got a great firm. You know that but make sure your associates know why you think that. Be honest, admit your weakness (and hopefully you are working to improve those) and play to your strengths. For example, not every firm can compensate at the “large national firm” level but

PEOPLE AND PLACES

Shek har Par mar chances are your billing targets and expectations are not as high either. Being cognizant and upfront from the initial recruitment through the years of associate development will ensure everyone is on the same page. Be Proactive Don’t put your head in the sand and hope that “no news is good news”. Associate retention is highest in environments where management has an ongoing conversation with the associates about topics such as professional development, type and quality of work, mentoring and compensation. The more comfortable associates are at discussing these issues the more likely they are to try and work them out as opposed to making a lateral move to solve them. Be Generous Being generous with your associates does not only mean being fair with compensation. Be generous with things that cost nothing such as praise, recognition, and mentorship. Recognition of a job well done, or an afternoon off for an associate that has had a “crazy” week or month can do a lot to improve morale and increase retention. Organizing a regular monthly breakfast or lunch for an associate with someone more senior who can act as a mentor is a great way to create a dialogue and ensure that issues are dealt with in a timely and appropriate manner. Associate retention is critical for the success of most law firms. In an “Up” market, associates have a lot more options and as such firms need to be more responsive and proactive in ensuring that their associates are happy.

Shekhar Parmar is a Director with The Counsel Network. Shekhar can be reached at sparmar@thecounselnetwork.com

Long Term Disability Claims Call Allan and James Bayda Ludwar Law Firm #310 - 433 Marlborough Way NE Calgary, AB T2A 5H5 Phone: 403-670-0055 or toll-free 1-877-682-3476

Disability Insurance Claims with CPP, Group Insurance and Private Plans

Catastrophic Injury and Wrongful Death Claims ™

everard & kubitz Ron Everard, Q.C. Walter Kubitz Susan Fisher

260, 600 Crowfoot Cr NW Mailing Address: Box 1020, 105-150 Crowfoot Cr NW Calgary, AB T3G 3T2

(403) 250-7100

Lawyers: David Andrews is at Stewart & Andrews, 800, 633 – 6th Avenue S.W., Calgary, AB, T2P 2Y5, phone: 403-262-2746, fax: 403-262-2745. Michaela Blahutova is now at Millcreek Law, 117, 8627 – 91st Street, Edmonton, AB, T6C 3N1, phone: 780-461-9971, fax: 780-800-4942, email: mblahutova@millcreeklaw.ca. Stephanie Brown is now at the Crown Prosecutor’s Office, 6th Floor South, 10365 – 97th Street, Edmonton, AB, T5J 3W7, phone: 780-422-1111, fax: 780-422-9756. Andrew Cheng is now at Crerar Law, 1388 Weber Centre, 5555 Calgary Trail, Edmonton, AB, T6H 5P9, phone: 780760-1388, fax: 780-760-1389, email: acheng@crerarlaw.ca. Elsie Elford, is Dean of Grant MacEwan University, 10700 – 104, Room 5-306J, Edmonton, AB, T5J 4S2, phone: 780497-5210, fax: 780-497-5200, email: elforde@macewan. ca. Brian Felesky, CM., Q.C. has relocated to Credit Suisse Securities (Canada), INC., Bow Valley Square 1, Suite 1100, 202 – 6th Avenue S.W., Calgary, AB, T2P 2R9, phone: 403476-6000, email: brian-felesky@credit-suisse.com. M. Flaherty is now at Alberta Justice – Civil Branch, 2nd Floor, 10011 – 109th Street N.W., Edmonton, AB, T5J 3S8, phone: 780-427-8507, fax: 780-427-1230, email: Hillary. flaherty@gov.ab.ca. Mark Freeman is at Freeman Litigation, 300, 5 Richard Way S.W., Calgary AB, T3E 7M8, phone : 403-450-7883, fax: 403-451-9906, email: mfreeman@freemanlitigation.com. Kenneth Ham is at Municipal Counsellors, email: h.ham@ municipalcounsellors.com Sherrie Jones is now at Sherrie Jones Law Office, 403, 815 – 1st Street S.W., Calgary, AB, T2P 1N3, phone: 403-2657767, fax: 403-265-7768, email: joneslaw@telus.net Hillary Patricia Leeson is now at Capital Power Corporation located at 10065 Jasper Avenue, Edmonton, AB, T5J 3B1, phone: 780-392-5102, fax: 780-392-5124. Paul William Matthews is at Cenovus Energy Inc., 421 – 7th Avenue S.W., Calgary, AB, T2P 0M5, phone: 403-766-2422, email: paul.matthews@cenovus.com Craig.A. Maurice is at Ogilvy Renault LLP, 1000, 110 – 9th Avenue S.W., Calgary, AB, T2P 0T1, phone: 403-355-3550, fax: 403-355-3551, email: cmaurice@ogilvyrenault.com Marco S. Poretti is now at Reynolds Mirth Richards and Farmer LLP, 3200, 10180 – 101st Street N.W., Edmonton, AB, T5J 3W8, phone: 780-497-3325, fax: 780-429-3044, email: mporetti@rmrf.com Beth Reimer-Heck, Q.C., is at Borden Ladner Gervais LLP, 1000, 400 – 3rd Avenue S.W., Calgary AB, T2P 4H2, phone: 780-232-9654, email: breimerheck@blg.com Ryan Schindel is now at Daryl G. Schindel Law Office, 1, 3295 Dunmore Road S.E., Medicine Hat, AB, T1B 3R2, phone: 403-529-5548, fax: 403-529-2694

Jason Schlotter is now at 3607 Kerrydale Rd SW, Calgary AB T3E 4S9, phone: 403-452-4025, fax: 403-452-5707, email: jasonschlotter@shaw.ca Ronald Swist has left Parlee McLaws and can be contacted at 25422 Villeneuve Road, St. Albert, AB, T8N 1M8. Maeghan Toews is at McLennan Ross LLP, 1600, 300 – 5th Avenue S.W., Calgary, AB, T2P 3C4, phone: 403-303-9101, email: mtoews@mross.com

FIRMS: Crerar Law has relocated to 1388 Weber Centre, 555 Calgary Trail, Edmonton, AB, T6H 5P9, phone: 780-760-1388, fax: 780-760-1389 Heenan Blaikie has relocated to 1900, 215 – 9th Avenu S.W. Calgary, T2P 1K3. All contacts remain the same. MacPhail Harding has relocated to 201, 2004 – 14th Street N.W., Calgary, AB, T2M 3N3. All contacts remain the same. Milne, Davis & Young has merged with Phillip Meyers Law Offices and is now Meyers Davis LLP, 1410, 396 – 11th Avenue S.W., Calgary, AB, T2R 0C5, phone: 403-777-1400, fax: 403-781-7752 Savage Oykhman Law has relocated to 840, 396 – 11th Avenue S.W., Calgary, AB, T2R 0C5, phone: 403-266-4440, fax: 403-234-0337 VanHarten Foster Iovinelli Joshi has been renamed to Foster Iovinelli Joshi Border. All contacts and address remain the same. New firm of Widdowson Kachur LLP, 203, 200 Barclay Parade S.W., Calgary, AB, T2P 4R5, phone: 403-457-0511, fax: 403-457-0211; Lawyers are: Barbara Widdowson, Sherry Kachur, Krista Ostwald, and Scott Menzies

DIRECTORY REVISIONS: McLeod & Company LLP should have been listed at 14505 Bannister Rd SE, 3rd Flr, Calgary AB T2X 3J3. All contacts remain the same. Vipond Jones LLP, 2800, 350 – 7th Avenue S.W., Calgary, AB, T2P 3N9, firm phone: 403-517-4000, fax: 403-517-4001, Grant Vipond, phone: 403-269-4334 The following Lawyers from The City of Calgary – Law Department located at 415, 311 – 6th Avenue S.W., Calgary AB, T2P 3H2 should have the main phone number listed as 403-268-2441: James T. Floyd, My-Le Lai, David J. Lewis, Douglas D. Merchant, and Colleen N. Sinclair. The following individuals should be listed under Legal Services Centre, 300, 10320 – 102 Avenue, Edmonton, AB, T5J 4A1, phone: 780-427-7575, fax: 780-427-5909: Chereda Bodner, Cynthia Barber, Faye Wong, Jackson Lee, Janan Jarrah, Paul Eastwood, Scott Hammond, Teunis de Jong, Ruth Williams and Natasha Nakai.

ASSIST

C l a s s i f i e d et Cetera

Advertising

Marian V. De Souza

Introduces the New Chair

THE VOICE OF THE LEGAL PROFESSION

Dana Schindelka,

a partner with Davis LLP in Calgary, was recently appointed the new chair of ASSIST, an organization of Alberta lawyers helping lawyers. Dana joined the ASSIST board in 2005, after many years of service as a director of the Saskatchewan program, Lawyers Concerned for Lawyers. Dana also serves as director of the Canadian Bar Association Legal Profession Assistance Conference, the national platform for lawyer assistance programs across Canada. Dana co-authored a report in 2007 identifying the need for peer support for Alberta lawyers. It is timely that he assumes his position as ASSIST reaches the important milestone of offering peer support to Alberta lawyers. Peer support is a program designed to complement ASSIST’s confidential professional counselling services and as a stand-alone service, in either case offering individuals experiencing personal or professional struggles with support and guidance. Volunteer and community work is a significant part of Dana’s life. He received the Canadian Bar Association Alberta Branch Volunteer Recognition Award in 2006. Dana’s civil litigation practice has taken him to the Supreme Court of Canada and all levels of court in Alberta and Saskatchewan. He was identi-

fied as a Lawyer to Watch in the 2008 Lexpert Guide to the Leading U.S./Canada Cross-Border Litigation Lawyers in Canada and was profiled in Alberta Venture magazine as an emerging leader in the business community. Dana was named one of Canada’s Top 40 lawyers under 40 and awarded Lexpert’s Rising Stars award. Dana is a frequent guest speaker and has published many articles, including a column for the Canadian Bar Association - Legal Profession Assistance Conference for SLAW (a cooperative Canadian Legal Weblog). Dana was recently interviewed by Janice Mucalov, LL.B. for her CBA Practicelink Article “Working with a Distressed Client: Lawyers as Gatekeepers for Psychological Issues.” Dana hails from Regina, Saskatchewan, earned his LLB from Dalhousie Law School and is a member of the Saskatchewan (1997) and Alberta bars (2003). In my first year as the ASSIST Executive Director, I have enjoyed meeting and working alongside some remarkable individuals on the board, on our peer support program, our funding partners and donors, and our in-kind supporters. In particular, I would like to thank John Gulak and Alan Jochelson who served ASSIST as Co-Chairs from 2008-2010. John and Alan have governed the organization with wisdom and compassion and the Alberta bar is stronger for their service. Please join me in thanking John and Alan for their leadership and congratulating Dana on his new role.

Assist offers professional, confidential help to lawyers and their immediate families. Assist is an independent, charitable society. For immediate access to professional help, call toll-free from anywhere in Alberta: 1-877-498-6898. To learn more about Assist, visit our website at www.albertalawyersassist.ca or contact our Executive Director toll free at 1-877-737-5508 / direct at 403-537-5508.

INTELLECTUAL PROPERTY. Let us work with you in protecting your clients. Patents, Trademarks, Copyright. Stemp & Company, Lawyers and Patent Agents, #300, 1324 - 17 Ave. SW, Calgary, AB, T2T 5S8. 1-800-6654447.

THOMPSON WOODRUFF INTELLECTUAL PROPERTY LAW Registered Patent Agents. Practice Restricted to Patents, Trademarks, Designs, Copyright and related Causes. #200, 10328 - 81 Ave., Edmonton, AB, Canada T6E 1X2. P: 780-448-0600; F: 780-448-7314.

WE NEED HELP! Litigation Lawyer(s) with 5+ years experience needed to handle work we currently refer out of our office. We have been sending work out for years but want to keep it in house. You need: a small but loyal book of clients, motivation and most of all, entrepreneurial spirit. Want to know more? If you are currently on your own or seeking an escape from the claustrophobia of a large firm, email us at: adelep@calgarylaw.com or fax us at 403-245-3357.

NO TIME OR RESOURCES FOR RESEARCH? Over 10 years as research lawyer. Derek Jackson, Barrister & Solicitor, Legal Research (AB ‘87, B.C. ‘89). Toll-free 1.888.875.4785, E-mail derekjackson@telus.net or go to www.derekjackson.ca. Quality Research Gives You The Edge.

WE NEED EVEN MORE HELP! Wills Lawyer(s) with 3+ years experience wanted to develop a potential large and lucrative wills and estates practice. We have a strong client base that can be tapped into for what could be phenomenal growth in the area. You need: a great work ethic, motivation and most of all, entrepreneurial spirit. Want to know more? Email us at: adelep@calgarylaw.com or fax us at 403-245-3357.

NORTH EDMONTON OFFICE SPACE AVAILABLE Excellent space sharing opportunity for 1–2 lawyers to join established law office located in Castledowns. Recently renovated, furnished and fully equipped offices in superb location. Large reception area, three conference rooms, kitchen, ample free parking. Flexible terms. Please contact Richard Finlay or Ron Hansma at 780-456-3661 or by email to r.finlay@hbf-law.ca.

YES, believe it or not, WE CAN USE MORE HELP! Junior Real Estate Lawyer(s) with 1 to 2 years experience needed to assist on all aspects of large and successful Real Estate practice. Growth and bonus opportunities are available for the right person. You need: a great work ethic, motivation and most of all, entrepreneurial spirit. Sound right for you? Email us at: adelep@calgarylaw.com or fax us at 403-245-3357.

DOWNTOWN CALGARY OFFICE SPACE AVAILABLE (for an independent practice). Opportunity for 1-2 lawyers to sub-lease space from established law office located in the West Eau Claire area. Confidential inquiries to: Kathleen Davis, P: 403-543-8577, E: kathleen@ksdavislaw.ca.

NW CALGARY OFFICE SPACE AVAILABLE (Independent Practice) - established law office in the Market Mall Professional Centre. Confidential inquiries to Blake Nichol 403-288-6500 x 229.

New F/T, P/T, and virtual large law offices avail. immed. Hillhurst/Kensington area, Exc.parking, incl. free client parking. Prefer lawyers with own clientele. Inquire in confidence to North Calgary Legal Centre: 403-263-8884 or inquires@northcalgarycentre.ca. WANTED LAWYER to continue general practice of retiring lawyer in 124 Street area. Flexible arrangements considered. Tel. 780-884-0550. TOP OF GOOGLE – We will get your name To the Top of Google whenever anyone, anywhere searches for a lawyer in your exact practice area in your city. 3 ways - we do them all. ONE is via the Google Adwords system. TWO is we help you set up your Google “Place” page (free). THREE is INCREDIBLE. We put your name (exclusive) and logo etc. on our websites that are already at the Top of Google. We make them totally yours. Call Keith Perkins (16-year lawyer) at Canadian Lawyer Websites Inc. 780909-5610. LAWYER WANTED - Boutique Litigation Firm, 2 - 5 years experience. Please contact: Robert J. Sawers 403-2081970. CLASSIFIED LINE RATES: Lawyers, for non-profit purposes (i.e. will search) Lawyers, for profitable purposes (i.e.employment) Commercial - any company or association (except lawyers)

$15.00 $22.00 $33.00

Seeking Last Will and Testament of RAYMOND GEOFFREY FLANAGAN (passed away January 30, 2011) of Hardisty, AB. Will likely made in the Hardisty or Edmonton area. Contact: John B. Williams P: 780-439-7171, e-mail: JWilliams@prowsechowne.com. Seeking Last Will and Testament of VIVIAN DELLA-ROSE STEELE, died on February 06, 2011. She was born on October 25, 1938 and resided at 1140 120 Avenue SE, Calgary, AB T2J 2L3. Reply to Office of the Public Trustee, 2100, 411 1 St SE, Calgary, AB T2G 4Y5. Seeking Last Will and Testament of LARRY EUGENE FIELD of NE Calgary. Died Apr 23, 2010. Will believed to be made with-in the last 7 years. Please reply: sylvia_edgar@shaw.ca. Seeking Last Will & Testament of CATHERINE JOAN VAESSEN, of Calgary, Alberta, died February 15, 2011. The Will was likely made in Calgary. Please contact Geoff Horne, Cameron Horne Law Office, 403-531-2700; 820, 10201 Southport Road SW, Calgary, AB, T2W 4X9.

INSERTIONS:

DISPLAY RATES: Business card size One-quarter page One-third page One-half page Two-thirds page Three-quarters page Full page

$440.00 $880.00 $1,100.00 $1,540.00 $1,980.00 $2,530.00 $2,970.00

Per piece - distribution 9500 Specific postal code areas Printing not included

$3,300.00 Pro-rated

Rates are effective September 1, 2010. A 10% discount is applied on a four issue commitment. G.S.T. not included.

Publication of advertising in Law Matters by the Canadian Bar Association Alberta is not an endorsement of the advertiser or of the product or service advertised. No contractual or other relationship between the advertiser and the publishers is implied merely by publication of any advertisement in Law Matters.

AlbertaCLCAd5x7.ai 4/27/2011 4:05:28 PM

C B A - a l ber t a

Executive Canada’s Premier Legal Conference

HALIFAX The Right Hon. David Johnston

Arianna Huffington

Analea M. Wayne

2010-2011

CBA Canadian Legal Conference & Expo August 14-16, 2011

World Trade & Convention Centre Halifax

Arlene Dickinson

Simon Sinek

Jeff Wise

President

CMY

The 2011 Canadian Legal Conference will deliver quality speakers and concrete ideas for navigating the changing legal landscape — and interactive professional development sessions designed to provide thoughtful answers to difficult questions. Featuring: • His Excellency David Johnston, Arianna Huffington, Arlene Dickinson and Simon Sinek • 12 hours of accredited professional development over two days for lawyers of all backgrounds • The finest in Maritime hospitality and an authentic Nova Scotian Kitchen Party • Top Maritime musical talent, including violinist Richard Wood, folk singer Jimmy Rankin and fiddler Ashley MacIsaac

CYRIL GUREVITCH, Q.C.

Treasurer

MARIAN V. DE SOUZA

Vice President

Join us at the 2011 CBA Canadian Legal Conference & Expo for the inside track on new developments in the law!

Secretary

To register and for more information: www.cba.org/halifax2011 or 1 800 267-8860 INFLUENCE. LEADERSHIP. PROTECTION.

LAW MATTERS contributors THIS ISSUE Dragana Sanchez Glowicki, Analea M. Wayne, Frank Sanitate, Stephanie Dobson, Tony Young, Q.C.,

GILLIAN mARRIOTT, Q.C.

Judge Allan A. Fradsham, Patty Johnston, Q.C., Jennifer L.C. Flynn, Shannon McGinty, Robert Harvie, Ola Malik, Gillian Marriott, Q.C., Anne Kirker, Derek Allchurch, Jane Corns, Odette Diaz-Tully, Shekhar Parmar, Marian De Souza Law Matters is published by The Canadian Bar Association Alberta four times annually. Submissions are subject to approval and editing by the Editorial Committee. Law Matters is intended to provide general information only and not specific legal advice. The views and opinions expressed here are those of the writers and do not necessarily reflect the position of the publisher. Direct submissions and enquiries to Law Matters, Attention: Publications, Southern Office. Law Matters’ e-mail: newslet@cba-alberta.org.

CBA AB Branch Southern Office 1725, 311 - 6 Avenue SW Calgary, AB T2P 3H2 Phone: 403-263-3707 Fax: 403-265-8581 E-mail: mail@cba-alberta.org

CBA AB Branch Northern Office 1001, 10235 - 101 Street Edmonton, AB T5J 3G1 Phone: 780-428-1230 Fax: 780-426-6803 E-mail: edmonton@cba-alberta.org

www.cba.org/alberta

Past President

craig kinsman

THE VOICE OF THE LEGAL PROFESSION

Executive Director 24