Law Matters | Spring 2013

ISSN 1704 – 9377

Vol. 38 No. 1 Spring 2013

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IN THIS ISSUE President’s Report

3

Avoiding & Resolving Disputes

4

Back to Basics

5

What’s Happening

6

View from the Bench

7

Practice Pointers

8

People & Places

8

Judicial Update

8

Notices to the Profession

9

Unsung Hero

10

Legal Aid Alberta

11

Front & Centre

12

Committee Update

14

Alberta Branch News

15

CBA National News

16

LESA

17

Tools of the Trade

18

PBLA

19

Cross-Section North

20

Assist

20

Cross-Section South

21

The Student Perspective

22

Health Matters

23

A Veteran’s View

24

Student Perspective

24

ALRI

25

Adapting to Change

26

Classified et Cetera

27

Non-Profit Announcements

27

This edition of Law Matters focuses on the unique challenges faced by small firms and sole practitioners.

In “Back to Basics”, To ny Yo ung, QC highlights some of the questions that a Shannon McGinty, Editor lawyer needs to be prepared to address in running a small business that offers professional legal services. Frank DeAngelis presents some advice gained from ten years of experience as a sole practitioner in “A Veteran’s View on Small Firm Practice”, while Kim Nutz shares her journey from working in a small firm, to a national firm, as in-house counsel and back to a small firm.

Simon Shakibaei contributes a student perspective on working in a small law firm and gives us some observations on the realities of small firm practice.

Our regular articles and columns continue to deliver thought-provoking content. Terry Cooper, QC has some great tips on ridding yourself of inbox clutter in his “Adapting to Change” on page 26. As summer approaches

By Shannon McGinty

we can all benefit from Devin Mylrea’s guidance on how to take a holiday in “Health Matters” on page 23. Don’t miss out as Judge A. A. Fradsham’s “View from Bench” turns its rapier wit to Wikipedia.

Law Matters remains your source for information on CBA Alberta sections and activities. President Cyril S. Gurevitch, QC, highlights some of the many initiatives undertaken in the Branch this year, while more Alberta Branch News can be found on page 15. This issue’s Committee Update features CBA Alberta’s newly formed Access to Justice Committee and, as sections wind down their activities, our Section Coordinators look ahead to the coming program year on page 20 and 21.

Be sure to check out the student perspective in the Law Student Section chairs’ columns on page 22 and the profile of Legal Aid Alberta and this issue’s Unsung Hero on page 10 and 11.

Your editorial committee works hard to deliver a quality informative and entertaining publication, and we hope that you, our readers, look forward to seeing it in your inbox every quarter. We welcome your feedback and thoughts on future items you would like to see covered. a

Contributing Authors this Issue Terrence A. Cooper, QC Frank DeAngelis Marian V. De Souza Hon. Judge A.A. Fradsham Jennifer Flynn Katherine Fraser John Glass

Patricia Johnston, QC Anne Kirker, QC Jared Laneus Erica Lind David Louie Peter JM Lown, QC Ola Malik

Karen McDougall Devin Mylrea Kim Nutz Ed Picard Curtis Serra Simon Shakibaei Anthony G. Young, QC

e d i t o r i a l c o mm i t t ee L-R top row: Katherine Bilson (Calgary); Terrence A. Cooper, QC (Fort McMurray); Enrique Dubon-Roberts (Calgary); Anthony G. Young, QC (Calgary); and, Devin Mylrea (Calgary).

L-R bottom row: Geoff Ellwand (Calgary); Melissa Gorrie (Edmonton); Robert Harvie, QC (Lethbridge); Dragana Sanchez-Glowicki (Edmonton); and, Gillian Marriott, QC (Calgary).

2 | Law Matters

Pr esi d en t ’s

R E P ORT

Cyril S. Gurevitch, QC President

By Cyril S. Gurevitch, QC

It’s hard to believe that the CBA year is three

include the new CBA Fee Schedule and a Strategic Plan. The first phase of

quarters past! I now understand why it seems

the fee schedule was implemented in September 2012 for firms of 50 or

life speeds up as you grow older. When one

more lawyers. The next phase, which will impact individual memberships

is busy, there is no time to sit and smell the

is set to roll out this coming September with the emphasis of rewarding

roses. And this has been an extraordinary

greater involvement in the CBA with value added benefits. The Strategic

year in that regard!

Plan was also passed at our January meeting and brings our province

The mission of this year’s Executive has

into alignment with National. The Executive is now charged with the

been to expand the comfort horizons that

responsibility of focusing our efforts on achievable results having regard

existed in the past, to develop leadership in

to our human and monetary resources.

diverse fields. To that end, we continued the

On the advocacy front, the CBA spoke on behalf of the Provincial Court

revamping of our CBA Council, endeavouring to solicit greater input

Judges to support the commission process for Judicial Compensation.

from our members as to the direction of the Association. Our agenda

With the strong presentation of Vice President Marian de Souza, we are

now deals with decision-making items and policy and discussion

happy to report that the Commission’s report was fully accepted and

issues and we have relegated the remainder of the agenda to written

implemented. We intend to continue with additional representations

submissions that can be previewed prior to the meeting.

to strengthen the Compensation and Benefits Commission for all

We have established new programs, including the Small Communities

federally appointed Judges as well.

Initiative to find ways to attract students and young lawyers alike to

In the coming months, we are hopeful of cooperating with the Law

towns and cities outside of Edmonton and Calgary. We have done

Society of Alberta on the matter of Limited Scope Retainers. This is of

this through a new Access to Justice Committee, which is directly

concern to all the profession and the CBA will facilitate the debate by

responsible to the Council and Executive. We have started two pilot

expanding our usual Law Matters to incorporate a special supplement.

projects in Medicine Hat and Grande Prairie and met with the respective

We believe that all diverse views should be heard. We also hope to

Bars and community leaders. As part of the effort, the Executive has

expand the possibility of a monthly on-line member newsletter which

contacted the Provincial Chambers of Commerce to request their

will be dynamic and of value to our membership.

assistance in that regard and a policy directive is currently being developed by the Grande Prairie C of C to take to the Provincial body.

Additionally, in concert with the two Alberta Law Schools, Alberta Rural Development Network and Law Society of Alberta, we are developing plans to meet with young rural students to try and attract them back to their hometown Bars. Of more recent note is an Alberta proposal to the National CBA Board of Directors to launch a Canada-wide rural, regional and small communities project. A committee made up of Presidents Dan McRury (Nova Scotia), Kerry Simmons (BC), Mark Mossey (Iqaluit), Cyril Gurevitch (Alberta), Maureen Armitage (Alberta) together with National President Robert Brun, and Past President Trinda Ernst has already met to begin deliberations on a national scheme.

I am also proud of our achievements in establishing new Geographic Sections in Grande Prairie and St. Paul. We see this move as bringing value to our members outside of the major centres and as a way of increasing our overall numbers in this province. The great benefits of section membership have long been known and relished in Calgary and Edmonton and those activities continue to be the backbone of our organization. The ongoing professional development is a hallmark of the CBA right across Canada and it is our intention to not only maintain existing programming, but to enhance the same over the coming

As President, I want to strongly endorse the message to support our national CBIA programs for home and auto insurance. As the challenge of meeting budgets grows from year to year, it is great to know that the CBIA contributes back to our annual budget. Last year alone, we received over $93,000! In order to see this continue, we need many more of you to contact the new CBIA insurer, The Personal, to seek a comparable quote to what you are now paying. Members are finding they receive up to 25% discounts over their current suppliers! A strong CBIA will mean a stronger CBA in the future. Go online today for a home/auto insurance quote: www.barinsurance.com/homeauto.

The Executive is further working to develop a template for our present and future Preferred Suppliers. Our intentions are to significantly enhance the member benefits and value through the creation of diverse relationships, both inside and outside the legal community.

Our aim is to increase the options for members, as well as to build on our strengths and financial reserves.

In closing, I want to thank our hard-working Executive for their efforts and resolve, for the synergies we have created this year, and for the promise of our future. I am looking forward to the closing quarter with high expectations for a very successful year. a

months and years. So stay tuned for some very exciting news to come!

This year has also seen the passage of major policies on a national basis

Join the CBA Alberta community!

that have been approved and adopted in Alberta by our Council. These Law Matters | 3

AV O I D I N G & R E S O LV I N G D I S P U T E S Full Circle: Shifting Firm Size for a Good Fit

By Kim Nutz

When I was asked to write this article, the preliminary idea was to provide some commentary on how a move from a large firm to a small firm impacted me in my method of practice and my relationships with other lawyers and clients. When I began to think about that, it soon became apparent to me that I had even more perspective to offer than just the one shift.

I initially started articling in 1999 at the prestigious, yet small criminal defence firm working with 5 very busy lawyers. I then joined a large national firm in my first year of practice, and remained there for 6 years working exclusively in the employment/labour group. After having my first child in 2005, I sought some work life balance, and then joined the City of Calgary’s Law Department. And after some convincing by my close friend and U of C classmate, Jeff Kahane, I eventually landed where I am now, in 2008 at his firm, Kahane Law Office, which currently has 7 lawyers. So as you can see, I have practiced in a small firm, a large firm, an in-house setting and again at a small firm. Full circle right?

Kim Nutz

When I started articling in 1999 I truly enjoyed the small firm dynamic.

The lawyers were friends first and foremost, and business partners second. There was a personal aspect to every interaction amongst the lawyers and staff and every client and their files. If I needed help and had stupid questions that needed answering, there was always someone to ask. Clients were important but so were the relationships you forged with co-workers and opposing counsel.

When I joined a large national firm as a first year associate, I quickly learned that managing my time was first and foremost, so I ended up not having as much time to foster relationships with co-workers and opposing counsel. Client relationships however, are taken very seriously at the large firms and you are encouraged to spend as much time as possible with your clients to get to know their business and the people that run those businesses. “Marketing” to clients had a billable target of its own in addition to the billable targets that were expected of you as an associate. Those targets became too consuming as I was also a first time mom to a small but extremely energetic little boy.

When I moved to the City of Calgary, I quickly learned that working “in-house” was a matter of juggling a number of important internal relationships as well as serving the interests of the people of the City of Calgary. All business units in the City were “clients” and had a stake in what we decided and worked on. So fostering solid working relationships with all of those individuals was the key to success to an in house position. I had very little interaction with external counsel and found that my relationships with outside lawyers suffered during this time.

When I returned to a small firm in 2008, I knew once and for all, that this was the right fit for me. As a consultant lawyer, I have the ability to 4 | Law Matters

make my own hours and decide which clients I work for. I can expend as much or as little time on client development as I choose. I have had the ability and the time to forge and maintain very close relationships with clients that have lasted many years. This approach to my practice has given me more time to reconnect with my colleagues in the law and truly get to know my co-workers at Kahane.

My practice can be extremely busy at times as I am the only employment lawyer at our firm, but I also have the ability to slow it down when I choose, which gives me the time to find a true work- life balance for the first time in my 13 years of practice.

Is this type of practice for everyone? Not likely. But I can say in all honesty, that as legal professionals, we must strive to find our “fit” in where we work, what we practice, and how we practice. To allow the profession to dictate those facets of the law to us, will only result in discontent in our professional and personal lives but also ironically, an apathy to the law itself.

“A heart can only discover what it really wants with experience.”

– Kathy Bates a

Claims Against Lawyers

…serving the public interest by championing a high standard of legal service and professional conduct in the practice of law.

Poole Lawyer Barristers & Solicitors 403.685.2012 poolelawyer.com

B A C K TO B A S I C S

It is (Is it?) okay to be a sole practitioner

By Anthony G. Young, QC

When I agreed to write this article I think I had convinced myself that it was okay for any law school grad to be a sole practitioner. I am now not so convinced that it is. Practicing as a sole practitioner is very difficult except for those who are experienced, organized, innovative, dedicated and intelligent.

Many young lawyers dream of having their name on the letterhead. I know that I did. I had the delusions of a fancy “Bay Street” office in one of Alberta’s Anthony G. Young, QC burgeoning metropolises. Visions of turn of the century architecture, dark wood, fine Scotch and even finer cigars came to mind. I was going to be the prince of precedent; the captain of canon; the overlord of ordinance. My minions would do my bidding. All I had to do was hang out my shingle and the business would flow in.

The stark reality, almost 30 years later, is that I have a modest 2 lawyer office in Calgary’s belt line. My furniture is some of IKEA’s best.

Although my work is challenging and interesting, I have yet to see the “$450K plus” annual salary that over 15% of lawyers reported to Canadian Lawyer in their annual compensation survey. I am described by others as being “successful”. In truth, I have “survived”.

The regulatory framework that has been created to “govern lawyers in the public interest” is not for the faint of heart. It is a rigorous and strict set of rules that leaves very little room for error or flexibility.

Although good book keeping and regular financial reporting is simply ‘best practice’, in a successful business, the lawyer’s regulator makes this mandatory and subject to periodic audit. You may be prosecuted for failing to pay your withholding tax, Goods and Services tax, or even your personal income tax. The business standard expected of lawyers is not just a reasonable standard but rather the “highest business standard of the community.”

Have you filed your income tax? Is your general account reconciled?

Have you notified your bank about having pooled trust funds? Have you reconciled your trust account? Have you sent a data upload to your regulator? Have you paid all your bills? Is your rent paid? The beginning of the month brings dread; ... the 15th of the month ... dread ... the 15th of June ... dread ... The list of things you have responsibility for and what your regulator is interested in goes on and on. There is no end ... There is no relief.

suppliers, your landlord, casual acquaintances and any person or entity that you may have had a passing or permanent relationship with. The weight of your responsibility is crushing. The expectation of your regulator is overwhelming.

The areas of legal work that lawyers in sole practice do are often high risk with low return; Legal Aid, family, small claims, residential real estate, small business and plaintiffs personal injury. These areas of practice often have less sophisticated clients. These clients require enormous time, effort and often specialized expertise from their legal advisors to navigate an ever more complex justice system. Even though the profession recognizes the enormous value of this work, clients often underestimate the benefit to them. Clients believe that legal fees are too high. Complaints are aplenty.

A sole practitioner must have the skills of an accountant and tax professional. These skills are necessary to deal with the daily onslaught of varied accounting and reporting requirements.

Do you have what it takes to be a sole practitioner? Before taking the plunge, keep in mind that the largest number of complaints about lawyers is made against small firm lawyers and single practitioners.

Unless you are exceptional you can expect to spend at least some of your time responding to your regulator about complaints made against you. This, in and of itself, can cost your practice a great deal of time and be soul destroying. Most lawyers are innocent of complaints of wrongdoing. That will not make you feel any better if you are required to respond during an investigation. Nor will it make your practice any easier.

I do not mean to discourage. Nor do I have any regrets. I do not want to be the harbinger of doom. There are many good reasons to be in solo practice. For instance, I do not have to check conflicts with head office before taking on a new client or changing the font on my letterhead.

My frequently played guitar sits beside my desk. As a sole practitioner I have freedom to choose my volunteer activities and the amount of time I spend doing them. I am independent.

I am privileged to be part of a helping honourable profession. It is necessary, however, that all who practice on their own have “fair warning”. Solo practice can be rewarding but it does not come without stress or cost.

For me it has been, at some times, a struggle but I am satisfied. a

If you are disturbed by unpleasantness or a challenge, then opening your own law firm is not for you. For most who choose to open their own firm they will face regulatory scheme that will feel intrusive, overbearing and impractical. You will work weekends. These weekends of work will go on well past your middle age (If my experience is any indication). Weekends will be spent catching up on “administrivia”. You will not get a holiday of any duration. You may not get sick. You cannot die.

As a sole practitioner one must not only be a professional lawyer, one must also be an exceptional businessman. You are not just responsible for your clients. You are also responsible for your employees, your Law Matters | 5

W h at ’ s

HAPPENING May 23-24: The Canadian Bar Association presents 2013 National Health Law Summit.

Critical Issues in Health Law, Westin Nova Scotian Hotel, Halifax, NS. Contact Mahoganey Jones at 1-800-267-8860, ext. 189 or mahogany@cba.org 26-31: The Canadian Bar Association presents 2013 Tax Law for Lawyers.

Queen’s Landing Hotel, Niagara-on-the-Lake, ON. Contact Leslie Huard at 1-800-267-8860 ext. 186 or leslieh@cba.org

Patty Johnston, QC

28: The Canadian Corporate Counsel Association presents Pro Bono: The Role for In-House (online). Contact Kristina Unsworth at kunsworth@ccca-cba.org

30: The Canadian Corporate Counsel Association presents How to Get the Most out of your Meeting (online).

Contact Kristina Unsworth at kunsworth@ccca-cba.org

June 4: The Canadian Bar Association presents Risk Management for Litigators (online). Contact pd@cba.org or 1-800-267-8860 6: The Canadian Bar Association presents Clements v. Clements: “But For” vs. “Material Contribution” The Latest Word in Tort Law Causation (online).

Contact pd@cba.org or 1-800-267-8860.

7: The Canadian Bar Association presents 2013 International Law Conference: Emerging Issues in International Corporate Social Responsibility, Corruption and Compliance. Marriott Hotel, Ottawa, ON. Contact Leslie Huard at 1-800-267-8860 ext. 186 or leslieh@cba.org 7: The Ontario Bar Association presents 2013 Annual Human Rights Update: Keeping on Top of Key Developments – Part 1 and Part 2 (online). Contact registrations@oba.org or 1-800-668-8900 11: The Canadian Corporate Counsel Association presents Making the Leap to the Cloud: Best Practices in Implementing SAAS Solutions (online). Contact Kristina Unsworth at kunsworth@ccca-cba.org

By Patricia Johnston, QC

18: The Canadian Bar Association presents Risk Management for Business Lawyers (online). Contact pd@cba.org or 1-800-267-8860.

18: The Ontario Bar Association presents Real Property Law: Everything You Ever Wanted to Know about Condos but were Afraid to Ask (online). Contact: registrations@oba.org or 1-800-668-8900 19: The Canadian Corporate Counsel Association presents The Balancing Act – Successful M&A Integration (online). Contact Kristina Unsworth at kunsworth@ccca-cba.org 20 – 21: The Canadian Bar Association presents the 2013 Annual National Environmental, Energy and Resources Law Summit. The Explorer Hotel, Yellowknife, NT. Contact: Leslie Hurard 1 800-267-8860, ext. 186 or via email leslieh@cba.org

July The Calgary Bar Association presents Stampede Whoop-Up. Final details will be provided on the website at http://www.calgarybarassociation.com/ eventsStampede.html

August 18: The Canadian Bar Association presents CBA Canadian Legal Conference and Expo. Saskatoon, SK. Check http://www.cba.org/cba/clc/main/for details.

September 6: The Calgary Bar Association presents Charity Golf Tournament at the Banff Springs Golf Course. Final details will be provided on the website at http://www.calgarybarassociation.com/eventsStampede.html 19-20: The Canadian Bar Association presents 9th Annual Pan-Canadian Insolvency and Restructuring Law Conference. Hyatt Regency, Calgary AB. Contact Lauren DalBello at 1 (800) 267-8860 or via email laurend@cba.org 27-28: The Canadian Bar Association presents 4th Annual Access to Information and Privacy Law Symposium, Westin Hotel, Ottawa ON. Contact Leslie Huard at 1-800-267-8860, ext. 186 or via email leslieh@cba.org.

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

learn CBA LEGAL CONFERENCE

learn, connect, experience.

CCCA ACCJE

Aug. 18-20, 2013 | Saskatoon

connect Learn at the CBA Legal Conference. Customize your learning with CPD eligible practice and skills based streams – including in-house counsel programming. Actively participate in your learning with live polling, mock arbitrations, case study workshops and other interactive tools.

Connect and share with over 1,000 legal professionals from across Canada, including opportunities to purposefully network with colleagues in your area of practice or special interest.

Experience the only national gathering of Canada’s legal community.

www.cba.org/CLC 6 | Law Matters

experience

V I E W F RO M TH E

BENCH

Hon. Judge A.A. Fradsham

As I write this, quite a “buzz” is developing about a recent decision written by the Honourable Justice F. C. O’Donnell of the Ontario Court of Justice. The citation is R. v. Duncan 2013 ONCJ 160, and without doubt it is very much worth a read. It is witty and entertaining while still being very solid in law. For those of us who are sometimes accused of being neither (or being funny when we are trying to be solid in the law), it sets a goal for which we can only strive.

In footnote 4 of the judgment, Justice O’Donnell, gives the following explanation of the Internet: The “internet”, also known as the “world-wide web” is a bi-polar electronic Leviathan that has erupted on the world scene in the past two decades. In its benevolent manifestations, it has enormously increased and expedited access to useful information of all sorts, increased global awareness of myriad events, facilitated family and commercial communication across national boundaries in the blink of an eye and helped topple dictators; it is probably fair to say that its advent is of no less significance than the invention of the printing press. However, just as the printing press has been put to odious use from time to time, the internet has its own Jekyll and Hyde nature: it is a near certainty that future generations will look back at these decades, obsessed as we are with the twin behemoths of “reality” television and the “ooh, look at me, I must tell the world what I had for breakfast” narcissism of social media and at the billions of hours thus lost to a near psychotropic electronic escape from any useful pursuit and wonder if Aldous Huxley only got a few details wrong in Brave New World. For the purposes of this case, the relevance of the Internet is its un-policed “garbage in/garbage out” potential and its free-market of ideas potential to lure in otherwise pleasant and unsuspecting folk with all manner of absurdity and silliness.

Those observations brought to mind a recent event in my own court. In the course of submissions made in a sentencing hearing, defence counsel referred me to Wikipedia as an authoritative source of information on the concept of the “bell curve”. I will not bother you with how “bell curves” came to feature in counsel’s application of sections 718 to 718.2 of the Criminal Code. Rather, I want to reflect for a moment on the phenomenon of Wikipedia because this lawyer was not the first to attempt to rely on it in submissions made to me.

Now, for those of you who have a bad run in the “judges allocation sweepstakes”, and have consequently appeared before me while I was engaged in my day job, I should be surprised if, after the experience, you classified me as “cutting edge” in matters of pop culture. One would not normally think of me as the “go-to-guy” if one wished to learn of the latest trends in society. Not now…well, frankly, not ever.

By Hon. Judge A.A. Fradsham

So, I was more than a little gob smacked [“flabbergasted, amazed, speechless”: Chambers Slang Dictionary (Folio Edition) by Jonathon Green (Edinburgh, Chambers, 2009), at page 575] when otherwise perfectly reasonable members of the bar thought I would be a Wikipedia aficionado.

Let me be clear as to what I understand about Wikipedia, and the source of that understanding, though I acknowledge at the outset that my penchant for seeking reliable sources of information may approach the height of irony when discussing this topic. Off I went to my print version of the Encyclopedia Britannica, but I found no joy in any of its 29 volumes.

Undaunted, I started through the Britannica Year Books, and in the 2007 Book of the Year (Chicago; Encyclopedia Britannica Inc.; 2007) I found this (at p. 105): ...The most distinctive feature of Wikipedia, however, was the fact that visitors to its sites were invited to contribute articles and to edit those already posted....

Well, there is a recipe for reliability. It seems to me that Wikipedia is to solid, factual reliability what shifting desert sand is to firm building foundations. Gossip over the back fence is not made more reliable because it is disseminated electronically. I realize that newspapers are in the decline (and are all but unheard of in some younger circles), but the nugget of truth found in the old advice that one ought not to believe everything one reads in the paper is equally applicable to the contents of a computer screen.

Sir Winston Churchill said, “History will be kind to me for I intend to write it”: What They Said, Nicholas Phillips (ed.), (Birmingham; Cliff Road Books, Inc.; 2007), p. 398. Wikipedia takes that plan to a new level; now one can write it, and rewrite it, and rewrite it, ad infinitum. In fact one of the interesting facts I found in the Britannica entry was that Jimmy Wales, the founder of Wikipedia, placed some articles, including the one on himself, “under editing restrictions – though not before Wales had reportedly altered his biography at least 18 times.”

Omar Khayyám (as translated by Edward FitzGerald) wrote: The Moving Finger writes; and having writ, Moves on: nor all your Piety nor Wit Shall lure it back to cancel half a Line, Nor all your Tears wash out a Word of it.

See: The Rubáiyát of Omar Khayyám, (New York; Avenel Books), verse LI. Old Omar did not know about Wikipedia where one can lure back and cancel lines at the click of a keystroke...mind you, he didn’t know about keystrokes, either.

Tom Lehrer could have had so much fun with all this. Tom Lehrer? You don’t know who that is? Oh dear. Sorry, there is no entry in the Britannica, however, dare I say it, there is a nice entry in Wikipedia. a

Law Matters | 7

PRACTICE POINTERS People and Places Pleading Costs − RULE 13.6(2)(C) Please send us your news! peopleplaces@cba-alberta.org

By Anne Kirker, QC, with thanks to Erin Greenan, Student-at-Law, for her able assistance.

When the “new” Alberta Rules of Court (AR 124/2010) came into force on November 1, 2010, there were only a few Rules that changed litigation practice on the ground. Rule 13.6(2)(c) was one of them. It states, among other things, that: (2) A pleading must state any of the following matters that are relevant: … (c) the remedy claimed, including … (iv) costs, including any known special costs.

In contrast, old Rule 120 stated that: 120 In any pleading costs need not be claimed and it is not necessary to ask Maureen Killoran for general or other relief, both of which may always be given to the same extent as if they had been asked for.

The Alberta Court of Queen’s Bench recently considered Rule 13.6(2) in HSBC Bank Canada v. Lourenco, 2012 ABQB 648 (“HSBC”) providing a good overview of the new regime.

The Plaintiff sought to recover solicitor client costs pursuant to specific provisions in two agreements between the parties. Both documents were referenced generally in the pleadings and formed the basis of the lawsuit.

Counsel for the Defendants argued that because the Plaintiff had failed to plead the specific covenants upon which it relied, it was precluded from recovering solicitor client costs. The Defendant relied upon the Alberta Court of Appeal decision in Laurentian Bank of Canada v. Ellacott, 1998 ABCA 382 (“Laurentian”) in which it was held that a party seeking solicitor client costs Anne Kirker, QC based upon a covenant to pay such costs must actually plead the covenant (pursuant to the old Rule 106 ).

The Court in HSBC reviewed the case law developed under the old regime and noted that there was some uncertainty as a result of the Court of Appeal decision in Laurentian, on the one hand, and old Rule 120 on the other: There are two contradictory lines of Alberta jurisprudence which deal with the issue of whether solicitor client costs should be awarded if not pled. In one, the courts appear to require that in the case of solicitor and client costs, a party that seeks to assert a covenant or agreement that requires payment of party and party costs must also plead that covenant or agreement. In the second line of jurisprudence, any costs, including solicitor and client costs, never need to be [pled] as a consequence of Rule 120.

The Court in HSBC went on to say: 42 The current Rule 13.6 provides that a pleading must include a statement of any matter on which a party intends to rely that may take another party by surprise. This may need to include any covenants in an agreement upon which a party would seek to rely for special types of costs if not doing so may take another party by surprise. Costs, including any known special costs, must now be included in the remedy claimed. Such specific direction did not exist under the old rules where costs did not need to be claimed.

43 The element of surprise is the key consideration in determining whether a statement or matter must be pled. ... Notice must be given of the intent to seek costs if otherwise there would be surprise. Clearly now, it must be included in the remedy claimed. The greater question is whether the specific covenant upon which a party intends to rely for solicitor client costs must be referenced in the pleadings. In my view, the relevant facts must be recited in the pleadings if a party would otherwise be caught by surprise. To consider whether there would be surprise the court must look at the sophistication of the parties and their negotiating power.

The parties in HSBC were found to be sophisticated business people who understood the clear terms of the agreements and who could not have been surprised by their obligation to pay the costs claimed.

The Court concluded that the Defendants were liable to pay the Plaintiff’s costs on a solicitor client basis.

The Court noted that the same may not be true of unsophisticated litigants.

Prudent counsel will avoid the debate entirely by taking steps to ensure that any claim for costs, including any extraordinary costs, is included as part of the remedy claimed and further, that any covenant to pay costs, or any other fact upon which the party intends to rely, are included in its pleading to avoid surprise.

See Rule 13.6(3).

Remember, where there is a deficiency in the pleading, the solution is to apply to amend. See Rules 1.5(4) and 3.62-3.66. a

___________________

Which stated “[T]he effect of any document...referred to in the pleadings shall, if material, be briefly stated...”

HSBC Bank of Canada v. Lourenco, 2012 ABQB 648, at para. 34, quoting Alberta Permit Pro v. Booth, 2008 ABQB 167, at para. 24.

3 HSBC Bank of Canada v. Lourenco, supra at paras. 42-43.

1 2

8 | Law Matters

Legal Archives Society of Alberta moved to the new location and our new address is: 400, 1015 – 4th Street SW, Calgary, AB T2R 1J4 Tel.: 403-244-5510 Fax: 403-244-5510 (same as phone number) Chandra L. Flett, Suzanne Manning and Michael Moore have recently opened the new law firm Flett Manning Moore in Fort McMurray at 9703 FRANKLIN AVENUE, T9H 2K1.

Phone: 780-799-9290 Fax: 780-799-3360 Liz Smith and Associates Corp. have re-located 1310, 707-7 Ave SW Calgary AB T2P 3H6 ___________________

Judicial Update Court of Appeal: Madam Justice M.B. Bielby (Edmonton) elected to become a supernumerary judge effective February 2, 2013.

Madam Justice Barbara L. Veldhuis (Calgary Queen’s Bench) was appointed to the Court of Appeal (Edmonton) effective February 8, 2013.

Court of Queen’s Bench: Charlene Shirley Anderson was appointed to the Court of Queen’s Bench (Calgary) effective February 8, 2013.

Russell Stewart Brown was appointed to the Court of Queen’s Bench (Edmonton) effective February 8, 2013.

Kim Denise Nixon was appointed to the Court of Queen’s Bench (Calgary) effective February 8, 2013.

Thomas William Wakeling was appointed to the Court of Queen’s Bench (Edmonton) effective February 8, 2013.

Mr. Justice G.A. Verville (Edmonton) elected to become a supernumerary judge effective March 1, 2013.

Provincial Court: Judge Gerald Ross DeBow (Lethbridge) was appointed as a supernumerary judge effective May 11, 2013.

Nicholas William D’Souza has been appointed as a Provincial Court judge to Calgary Family & Youth, effective March 25, 2013.

David Ross Shynkar, QC, has been appointed as a Provincial Court judge (High Prairie), effective February 11, 2013.

Judge Michael George Stevens-Guille (Edmonton) was appointed as a supernumerary judge effective May 2, 2013.

Gordon Andrew Gerrard Yake has been appointed as a Provincial Court judge to Central Region (Red Deer), effective April 24, 2013.

CHOOSE FROM CANADA’S TOP MEDIATORS AND ARBITRATORS Alberta Panel

The Hon. John C. (Jack) Major, C.C., Q.C.

The Hon. W. Vaughan Hembroff, Q.C.

The Hon. Ernest Marshall, Q.C.

Clint G. Docken, Q.C.

Graham Price, Q.C.

E. David D. Tavender, Q.C.

NP #2013 - 03 Apr i l 29, 2013

CO URT O F QUEE N ’S BE N CH O F A LB E RTA N O TICE TO THE PRO FESSIO N PRIORITY O F ASSIG NMEN T O F JUDICIAL DISPUTE RESOLUTIO N UNDER RULE 4.16(1) Further to NP#2013-01 dated January 12, 2013 (not enforcing mandatory dispute resolution before entry for trial), and during its currency, the assignment of Judicial Dispute Resolution (JDR) hearings in Edmonton and Calgary, pursuant to Rule 4.16(1)(c), shall, on the effective date for booking after the schedule of JDR Justices is released for each upcoming term, be on a first filing1 basis, on the following priority: (a) for the first 24 hours, cases of the type identified in (b) to (d) that have been “wait listed” during a previous term but not yet heard; (b) for the next 24 hours, family law cases, with child issues involved, that are ready for trial2; (c) for the next 24 hours, family law cases, with child issues involved, whether or not ready for trial; (d) for the next 24 hours, any case that is ready for trial; (e) for the next 24 hours, any case other than (a) that has been “wait listed” during a previous term; and (f) any other case.

In Judicial Centres outside Calgary and Edmonton, the order of priority principles set out above will be considered by the Court Coordinators for booking JDR hearings.

“N.C Wittmann” Neil C. Wittmann, Chief Justice

“J.D.

Rooke”

John D. Rooke, Associate Chief Justice

1

As to dates and p rocedures for the re lease of the JDR booking schedule, opening date and time for booking, and fi l ing p rocedures, see the Cou rt’s website under “Assignments”.

2

Fo r the purpose of this Notice of P rofession “ ready for tr ia l ” is defined as those cases for which al l pa rts of Form 37 has been completed and certified, except the dispute resolution requi rement in pa ra 5.(a ) of Form 37.

Harold W. Veale, Q.C.

1.800.856.5154

[

Law Matters | 9 www.adrchambers.com

U nsung He r o

By Ola Malik

This 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 Corie Flett.

Corie is a member of the Athabasca Fort Chipewyan First Nation band and grew up in Fort McMurray. Having completed her undergraduate studies at Grant MacEwan College, she obtained her law degree from the University of Alberta in 2010. While at U of A, Corie led the Aboriginal Law Students Association and organized guest speakers across North America to speak about various issues facing aboriginals. She also volunteered throughout law school with Student Legal Services, providing advice to low income earners facing criminal charges.

In 2010, Corie commenced her articles with the firm of Campbell & Cooper in Fort McMurray. Terrence Cooper, QC was Corie’s principal.

The Campbell & Cooper firm has a long tradition of finding ways to give back to the community. Terrence’s view as he expressed it to the firm’s articling students was that if you want to make a difference, find something that you’re passionate about and figure out how you can channel that passion into a force for positive change.

Corie understands the importance of community. The Fort Chipewyan First Nations band provided Corie with the financial assistance and encouragement she needed to get through law school. Her grandmother was Elizabeth Bourke, an extraordinary woman who survived the residential school system, raised 13 children on her own, spoke five languages, could teach you how to skin a moose, and was a much loved elder in her community. Elizabeth passed away in 2011, but her love for, and commitment to her community endures with Corie. Now a lawyer and carrying the pride and aspirations of the Fort Chipewyan First Nations band, she knew that it was time for her to give back.

Corie had seen the difficulties that many aboriginals face in smaller remote communities when dealing with the justice system. There’s a good chance you’ll miss your court date when you don’t own a car and you live in a community which is a two-hour’s drive away from the courthouse. You are unlikely to hire a lawyer if you’ve never met one or if what little experience you’ve had tells you that they will cost you more than you can possibly afford. And the tragedy is that you don’t even know that there are legal resources and services that can provide you with the help you need.

In 2011, Corie started holding free legal services clinics in the remote communities of Fort Chipewyan, Fort McKay, Janvier and Conklin.

Over the course of a year, she made regular visits to each of these communities and provided basic legal services such as drafting up wills, commissioning documents, doing desk divorces, performing land transfers and answering questions about the legal process. Often, her presentations about wills and estates would turn into a discussion about property rights issues, band governance and local band politics.

She travelled alone to these communities armed with her laptop, printer and commissioner’s seal. Initially, few people showed up for Corie’s visits. But as word spread that she was there to help and willing to listen, the waiting line to see her grew longer. Luckily for Corie, 10 | Law Matters

Terrence gave her the full support of the Campbell & Cooper firm, paying for her mileage, laptop, printer and other expenses and giving her the time to be away from the office.

I asked Corie how her visits to these communities impacted her. Far from being depressed by so many people in need of basic legal services, she told me that she was inspired by their trust and confidence in her and by their obvious pride in seeing one of their own succeed and give back.

Corie is just returning from maternity leave and is now practising with the firm of Flett Manning Moore in Fort McMurray where she will resume providing free legal service clinics. Corie is a peer support volunteer for Assist and travelled from Fort McMurray to attend training in Edmonton last year. She is also volunteering with PBLA which has just expanded its legal grounds clinics to the area.

We celebrate Corie’s achievements. When she was called to the Bar in 2011, she was the first female lawyer from the Athabasca Fort Chipewyan First Nation band ever to have done so. She is an inspiring force for her community. Corie is an “unsung hero” -- and she represents some of the finest qualities of our profession.

If you know a lawyer who deserves to be recognized, please send us an e-mail to newslet@cba-alberta.org with the lawyer’s name and the reasons why you believe they are an “unsung hero”. The only formal requirements for nomination are that our “unsung hero” be an Alberta lawyer and CBA member. a

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Legal Aid Alberta needs you!

By John Glass, Legal Aid Alberta Director, Roster Development Lawyers and legal services organizations have a mutual responsibility to ensure access to justice for Albertans in need. With over 800 private bar lawyers on its roster, Legal Aid Alberta (LAA) has recognized that in order to adequately serve the legal needs of disadvantaged Albertans, an all hands on deck approach has to be fostered. Simply put - Legal Aid Alberta needs you!

LAA has made it a priority to increase its private bar lawyer roster. Earlier this year, I was appointed to the role of Director, Roster Development, signaling our John Glass organization’s efforts to embark on a more strategic approach to lawyer attraction, retention and development. In this new role, I will endeavor to build roster engagement initiatives such as practice resources, case law updates, and professional development, expanded mentorship and secondment opportunities.

Legal Aid Alberta CEO and President Jacqueline Schaffter would like law firms to view Legal Aid services as a pro bono continuum and hopes to forge new partnerships between LAA, Alberta law firms and other organizations providing legal service to Albertans in need.

“One could say that Legal Aid is a part of the pro bono continuum – not external to or different from pro bono, but part of an overall chain of legal services that promotes access to justice to the broadest number of people,” said Schaffter. “Supporting Legal Aid goes hand in hand with supporting pro bono initiatives. As we build out initiatives for our roster, we will seek out collaborative opportunities with the pro bono network.”

Legal Aid has a variety of opportunities for legal professionals at all stages

of their careers. You can choose your level of contribution, the area of law you want to provide services in, and you have the option to take one file or several files a year. In terms of the kind of service options available you could: • Choose to receive full representation certificates; • Choose limited scope (limited hours) certificates; • Become a program facilitator in the Family Settlement Services program; • Provide mentoring opportunities; or • Enroll in the Duty Counsel program.

We take pride in supporting our lawyers and enabling them to do the best possible job for their clients. We offer a simplified Legal Aid Alberta tariff and an efficient electronic billing and payment system.

For lawyers just starting out their legal careers, Legal Aid offers excellent mentorship and training opportunities. Joining the LAA roster and doing certificate work allows students and junior lawyers the opportunity to get invaluable hands on courtroom experience especially in the areas of family and criminal.

On a Legal Aid certificate, junior and student lawyers appear before Judges and Justices in court on virtually every file; consequently developing and sharpening their litigation and advocacy skills. Junior lawyers working with the Family Law Office, particularly in the child welfare practice group, have the opportunity to run at least ten trials in their first few years of practice.

Joining the LAA roster offers flexibility, variety and a range of practice opportunities. It’s also a great opportunity to use your legal expertise to touch lives and strengthen the communities we live in.

To join the roster, please visit legalaid.ab.ca and fill out an online application form. For more information on roster eligibility email roster@legalaid.ab.ca or call John Glass, Director, Roster Development at (780) 427-9988. a

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Law Matters | 11

Front & Centre

Law D Ay 2 0 1 3

A great t im e wa s h a d by al l : vol u nteer s an d p u b l ic alike!

Calgary

Drumheller

Edmonton

12 | Law Matters

Mid-Winter Mont Tremblant:

Forewarned that “Saskatoon Shines”, CBA Alberta members are ready to head to the Canadian Legal Conference in Saskatoon August 18-20.

L-R: Marian De Souza, Wayne Barkauskas, Cyril Gurevitch, QC, Analea Wayne, QC, Jenny McMordie, Gillian Marriott, QC, Kevin Feth, QC and Jeff Wise, QC

Alberta Law Conference 2013

Branch President Cyril Gurevitch, QC addresses the Thursday luncheon.

Bill Ranson, QC accepts the 2013 Cecilia Thank you to 2013 Alberta Law Johnstone Award for Outstanding Service Conference Chairs Karen Platten, QC and from President Cyril Gurevitch, QC Jeremiah Kowalchuk on a job well done!

PBLAphoto:

Pro Bono Law Alberta (PBLA)’s “Raising the Pro Bono Bar” event on February 28 in Calgary was a successful recruitment drive for many great legal organizations.

L-R: Bruce Churchill-Smith, President PBLA, Tim Ross, winner of the “Lunch with Minister” prize draw, Jonathan Denis, QC, Alberta Minister of Justice and Solicitor General, Gillian Marriott, Executive Director PBLA and Jeffrey Wise Past President CBA

Law Matters | 13

Committee Update Access to Justice Committee

By Ola Malik

It is virtually universally acknowledged that our legal system falls short of providing people with the knowledge, resources, and services which are required for them to effectively deal with their legal matters. Most people would agree there is no easy fix for the problem.

So, what is the CBA – Alberta Branch doing about it?

In the fall of 2012, the Council of the CBA – Alberta Branch approved the creation of a standing committee called Ola Malik the Access to Justice (A2J) Committee to which I was appointed chair. The creation of this new committee is timely, arising out of a florescence of thinking and action around access to justice initiatives.

Let’s get real. The A2J Committee is not going to solve the access to justice issue. But that doesn’t mean that we should simply do nothing.

So what should the A2J Committee’s role be?

You will find countless organizations working in communities across Alberta which are committed to improving people’s access to legal services, resources and education. Some organizations are those which you might already have heard of such as PBLA Alberta (PBLA), Legal Aid Alberta, Calgary Legal Guidance, Edmonton Community Legal Clinic and the Centre for Public Legal Education of Alberta, but there are many others that you might not know about. These organizations have staff, lawyers and volunteers who understand the practical challenges which people face when navigating the legal system and who have made it their personal mission to help.

I believe that the central role for the A2J Committee is not to duplicate these efforts or to compete with these organizations, but to collaborate with them in a true partnership and to encourage, recognize and publicize the work which they are engaged in.

Working collaboratively makes us stronger. It allows us to pool resources, identify synergies and harness shared resources and knowledge. When we work together, we make a commitment to each other to share in success and overcome challenges.

What is the purpose of the A2J Committee?

• Lead, encourage and facilitate initiatives which promote access to justice and public legal education for Albertans by exploring opportunities to work in a leadership and partnership role with other organizations dedicated to promoting access to justice and public legal education; • Develop working relationships with these organizations to provide a coordinated and pooled approach on initiatives which promote access to justice and public legal education; • Inform and educate CBA members of the opportunities to participate and volunteer in initiatives which promote access to justice and public legal education; and • Recommend for recognition CBA members who demonstrate a dedication and commitment to promoting access to justice and public legal education.

14 | Law Matters

What is the A2J Committee working on this year?

• For this year’s Law Day, the A2J Committee partnered with Legal Aid Alberta, PBLA, Calgary Legal Guidance, Edmonton Community Legal Clinic and the Centre for Public Legal Education Alberta and hosted a province wide Ask-A-Lawyer phone in service. Any Albertan could phone a toll-free number and obtain legal advice from lawyers knowledgeable in family, criminal, civil, immigration, government benefits, landlord-tenant and real estate law and ask for a referral to legal resources. The event took place at the Calgary Legal Aid office with nearly 40 volunteers. The event was a great success and we are looking to expand this initiative next year.

• The A2J Committee is currently working on initiatives to attract young lawyers to move to practice centres outside of Calgary and Edmonton. The CBA is engaged in a pilot project with law firms in Medicine Hat and the University of Calgary, Faculty of Law, which has resulted in the successful hiring of students to summer placements in Medicine Hat. The ultimate objective of this project is that students who accept summer placements will set up a permanent legal practice there. The CBA is planning to expand the pilot project to Grande Prairie.

• The A2J Committee is preparing a publication (and is looking for contributors) which will serve as an information and discussion piece for our CBA membership regarding the opportunities and challenges presented by limited scope retainers.

• The A2J Committee is working on putting together a reference manual for law students and lawyers on volunteer opportunities with agencies and organizations across the province that deliver services in the access to justice field.

• The A2J Committee is committed to promoting organizations and individuals whose work in the access to justice field is making a real difference. Look for profiles on these organizations and read the Unsung Hero article in this and forthcoming editions of Law Matters. a Join the CBA Alberta community!

Alberta Branch News ________________________________________________________________________

________________________________________________________________________

CBA MEMBERSHIP FEE SCHEDULE CHANGES

POST ON OUR ONLINE JOB BOARD

For the last twenty months, CBA has been working to strengthen its membership model to offer choice, value and engagement. In addition to a regular membership and the many benefits that go along with it, members will now have the opportunity to purchase a portfolio of CBA education and section credits that will be lower in cost than purchasing these services separately, and to earn a rebate towards a reduction in their next year’s CBA membership.

CBA Alberta offers online job postings at an advertising rate of $300 for members and $600 for non-members. Not-for-profit organizations may contact the office to discuss potential discounts. To post a job online, please contact 403-263-3707 or email communications@cbaalberta.org ________________________________________________________________________ JOIN THE CBA ALBERTA ONLINE COMMUNITY

Alberta members will be able to apply these packages to section enrollment and professional development anywhere within the CBA, including our Alberta Law Conference or the national Canadian Legal Conference. More information will be coming shortly, and you can expect the enhanced portfolios to be available for purchase in time to apply your credits to your August section enrollment.

CBA Alberta is now active on Facebook, Twitter and You Tube. Come join the conversation and receive frequent updates on Branch initiatives. Follow us on twitter @CBAAlberta, “Like” us on Facebook and subscribe to our channel on You Tube. We are there for you, so make us part of your life!

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WEBCASTING SECTION MEETINGS Webcasting has been available for some South section meetings for a few years now, but this fall, we look forward to adding webcasts to some North sections as well. The South office has also added webcasting capacity in a second room, meaning more sections will now be able to webcast their meetings. Look for more information on webcasted sections on your section enrollment form, coming this summer.

Join the CBA Alberta community!

________________________________________________________________________ LAW DAY 2013 ATTRACTS LARGE CROWDS By the time you read this, most communities will have completed their Law Day activities, with the last event on May 25 in Fort McMurray.

Despite inconsistent “spring“ weather, Law Day 2013 attracted large crowds where courthouse tours and demonstration trials remain popular. This year, we added a toll-free “Ask a Lawyer” phone line, provided courtesy of Legal Aid Alberta’s Calgary office, and volunteers were kept busy answering calls on family, civil, criminal and immigration matters from across the province.

Law Day truly would not happen without the dedication and enthusiasm of our volunteers, whether this be their first year participating or their twentieth. Nearly 500 CBA members volunteered to provide public legal education experiences in Calgary, Drumheller, Edmonton, Fort McMurray, Lethbridge, Medicine Hat, Red Deer, and for the first time, in Wetaskiwin. Thanks to all of you for making this day one that members of the public and CBA look forward to every year! ________________________________________________________________________

RESEARCH AND COMMUNICATIONS

Law Matters | 15

CBA National News Envisioning Equal Justice On a recent broadcast of CBC’s Radio’s Sunday Edition, Dr. Melina Buckley of the CBA spoke about the ongoing access to justice crisis.

Despite the serious problems the public faces in receiving legal assistance, Dr. Buckley commented to program host Michael Enright, “We’re at a really important moment in terms of working together and trying to make the system work for everybody.” Listen to the full discussion at: http://j.mp/CBCBuckley.

Dr. Buckley is chair of the Access to Justice Committee, which coordinates and integrates CBA activities to improve and promote access to justice for the poor and middle class in Canada. In 2012, the Committee embarked upon an ambitious project titled Envisioning Equal Justice, which, through extensive research, communications, and coordinated efforts to produce a common vision, aims to respond to the access to justice crisis and improve justice for all Canadians.

Last month’s Envisioning Equal Justice Summit in Vancouver was a major part of the project. The summit brought together stakeholders from across the legal landscape to develop a shared vision of equal justice and the practical strategies needed to achieve that vision.

Learn more about the Committee’s work: www.cba.org/CBA/Access/main/. ____________________________________________________________________________ BC Court of Appeal decision upholds lawyers’ duty to clients Signifying an important win for the independence of the bar, the BC Court of Appeal has upheld the decision in Federation of Law Societies of Canada (FLSC) v. Canada (Attorney General) that including lawyers in Canada’s Proceeds of Crime (Money Laundering) and Terrorist Financing Act and related regulations is unconstitutional.

Janet Fuhrer wins election for incoming National Second VP Janet Fuhrer of Ottawa has won the election for incoming Second Vice-President of the CBA. The position is the first step on the ladder to the national presidency, a post she will assume in Aug. 2015.

“I am committed to a strong, unified association with national, provincial and territorial groups working together, delivering affordable products and services that provide demonstrable value,” said Fuhrer in describingher vision for the CBA. “It is your new or renewed membership, and your interest in belonging and volunteering, which are needed for the important work of the CBA to be done.”

Ninety-three percent of Council members voted in the two-way election race between Ms. Fuhrer and Paul Sweeny. A CBA member since 1985, Ms. Fuhrer currently chairs the National Professional Development Committee, and is a past chair of National Sections Council. ____________________________________________________________________________ CCCA & Rotman School of Management partner to create in-house certification program The CCCA and the University of Toronto’s Rotman School of Management have partnered to create the Business Leadership Program for In-House Counsel, which will provide graduates with the designation of Certified In-House Counsel – Canada (CIC.C).

“The program fulfills the learning and competency needs required by inhouse counsel who are ultimately looking to become a General Counsel or member of an executive team,” explained CCCA Chair Grant Borbridge, Q.C. “This program provides an enormous advantage to CCCA members, giving them a competitive edge over their peers. Essentially, graduates of the Certified In-House Counsel – Canada program will have proven that they can use their legal skills and business knowledge to solve complex and ever-changing organizational challenges.”

The CBA intervened, arguing that the law violates ss. 7 and 8 of the Charter by interfering with the solicitor-client relationship, and that requiring lawyers to record information about their clients which would be available to the state threatens a lawyer’s duty to their clients.

The announcement was made on April 15 at the CCCA’s National Spring Conference in Toronto. To learn more about the program, visit www.cccaaccje.org.

The Court agreed with the CBA’s position, and stated that the independence of the bar is a principle of fundamental justice. The CBA has defended solicitor-client privilege and the independence of the bar since the first Proceeds of Crime (Money Laundering) Act was tabled in Parliament in 1999.

Ron Skolrood of Vancouver’s Lawson Lundell LLP has served as the CBA’s pro bono counsel since 2001. ____________________________________________________________________________

Registration open for CBA Legal Conference in Saskatoon, Aug. 18-20, 2013

C B A i n t e r v enes at S CC i n summary judgment appeals The CBA recently intervened at the Supreme Court of Canada in Bruno Appliance v. Hryniak and Hryniak v.

Mauldin, two appeals interpreting Ontario’s summary judgment rules.

David Sterns and Paul Sweeny appeared on behalf of the CBA. In a video interview with National magazine, David Sterns explained why the CBA’s appearance was important. “The CBA was here to ensure that the court understood from the profession the importance of getting access to a dispute resolution process, whatever that may be, quickly and cheaply.”

Watch the full interview at nationalmagazine.ca.

16 | Law Matters

____________________________________________________________________________

Registration is open for the 2013 CBA Legal Conference (CLC) in sunny Saskatoon, SK! Attend the CLC from Aug. 18 to 20 to connect with over 1,000 legal professionals; learn in participant-driven, interactive, accredited PD sessions; and experience three days of skills development, influential speakers, and networking with colleagues.

Visit the conference website www.cba.org to register and learn more.

Follow the CBA on Twitter @ www.twitter.com/CBA_News and keep an eye on our conference hashtag www.twitter.com/search/ realtime?q=%23CLC2013&src=typd to be the first to hear about program updates and announcements.

Springtime at LESA

By Jennifer Flynn. Managing Director, Legal Education Society of Alberta

Spring is springing.

Outside, we can feel it in the air, and at LESA, it’s a time of new growth and new beginnings.

We’re excited to be in the planning stages for next year’s educational calendar. This is always a time of great enthusiasm and anticipation as we dream up our Jennifer Flynn offerings for the next year. We love to do this kind of visioning and much of our staff gets involved in the development process. We also rely on the feedback we receive from our volunteers and past participants. This information helps us greatly as we determine the trends and set the agenda for next year. So thank you for responding to our questions and surveys – your answers help us to make sure our programming is relevant, engaging, and responsive to your needs.

Our 2013/2014 educational calendar will be hitting desks late this spring, but here’s a sneak peek at what we’re working on: • Due to popular demand, we’re hosting our third Law and Practice Update program in Edmonton on November 1 -2, 2013. Geared to general practitioners in small or solo firms, this program covers a wide range of practice areas and practice management strategies.

• You can complete your collaborative law designation by attending these popular programs: Basic Collaborative Law (Red Deer, Sept. 13 -14, 2013), Interest-Based Negotiations (Edmonton, November 7-10, 2013) and one of our Mediation of Family and Divorce Conflicts programs (Calgary, November 11-15, 2013 or May 12-16, 2014). We’ve scheduled these programs in cities

throughout the central corridor of the province—making them that much more accessible for everyone!

• Civil litigators, mark your calendars! The 2014 Annual Refresher program will be held on April 27-29, 2014 with a focus on new practice trends in civil litigation.

Registrations for next year will be available as soon as the calendar arrives, so keep your eyes on your mail!

Also new at LESA this spring is a brand new Alberta Family Law Practice Manual. Two years in the making, this comprehensive new publication was prepared by leading family law practitioners across the province.

It includes chapters on managing client relationships, matrimonial property, divorce, and custody. It provides guidance on handling files using different dispute resolution techniques such as collaborative law, mediation, negotiation, arbitration, and trial. The manual is available for pre-order now, with shipping expected in May. So that’s what’s “new” with us.

How about you? Are you ready for a new challenge? We’d love to welcome you to our team of Learning Group Facilitators (LGFs) for the CPLED program. These positions give you the chance to share your expertise in a meaningful way with the next generation of lawyers.

Arman Chak, a lawyer with the Alberta Human Rights Commission and one of our LGFs says it best, “I believe we have not only the obligation to learn but the responsibility to share our knowledge.” We couldn’t agree more, and we’d love to help you pass on your experience and knowledge to future Alberta lawyers. For more information about our LGF opportunities, please visit LESA.org and click on the CPLED for Lawyers tab or call us at 780-420-1987.

Enjoy your spring, everyone. Embrace the new, and until next time, thank you for allowing us to be your partner in continuing legal excellence.

For the most up-to-date information on our live events, educational resources, pre-call admission training, and volunteer opportunities, please visit www.lesa.org. a

YL Event The CBA Young Lawyers’ Section (Alberta South) hosted its second annual Networking Mixer on April 25, 2013 at the National Beer Hall.

The beer tasting event was jointly hosted with the Young Professional’ Network (YPN) Calgary, a networking group for young professionals in the Calgary area. The event was a great success with nearly 70 attendees. The Young Lawyers’ Section would like to acknowledge and thank the event sponsors for their generous contributions: the Canadian Bar Insurance Association, Blake, Cassels & Graydon LLP, Field Law, Heenan Blaikie LLP, Norton Rose Canada LLP, and Vogel LLP.

Law Matters | 17

TOO L S O F TH E TR A D E How recruiters add value to your firm’s hiring process

By Ed Picard

Like all trained professionals, recruiters charge a fee for services rendered. The nature and significance of these services, however, may not be immediately apparent to firms unfamiliar with professional recruitment methods.

Does the use of a recruiter ultimately provide any benefits worth the cost?

Why should a firm pay to retain a recruitment agency instead of handling the hiring process internally?

When tax season rolls around, we trust qualified accountants to prepare our Ed Picard returns. When flooding threatens the basement, we call seasoned plumbers to fix the pipes. We might even bring the car in for a check-up before that thumping noise gets any louder. Crafty as laypersons like you or I may be in applying elbow grease to our pet projects, we nevertheless turn to the professionals when quality and cost are key considerations, recognizing that skillful application of the proper tools will deliver a better result with more bang for our buck.

This oft-cited principle – “the right tool for the right task” – also applies to law firms seeking to attract top quality practitioners. Here are four handy tools employed by professional recruiters which will add value to your search and dramatically improve the results of your lateral hiring process: 1) Recruiters are your keys, unlocking the hidden job market.

When seeking out candidates for a new opportunity, does your firm limit its scope to online application, word-of-mouth referrals, and existing submissions? If so, you’re only focusing on a small fraction of the legal market, and ignoring the top tier completely. The most talented practitioners are not searching for a new position; they are gainfully employed elsewhere. Recruiters know when outstanding practitioners are considering a career transition and we are uniquely prepared to connect you with the right candidate at the right time.

2) Recruiters are your yardstick, measuring the market’s perception of your firm.

Think you have a good understanding of how the market perceives your firm? You’re likely not getting the full story. All too often, firms approach the recruitment process with an incomplete, outdated, or idealistic view of their position in the dynamic and evolving legal market. At best, such disconnection dissuades potential candidates and sabotages recruitment efforts; at worst, it can affect future decision making at the firm, to the lasting detriment of the firm’s reputation and brand. Speaking with potential hires on a daily basis, recruiters keep our ears on the rumor mill and our fingers on the job market pulse.

We are your best resource for gathering invaluable market intelligence and ensuring that your firm is well-positioned for future growth and financial success.

SAVE THE DATE

CBA Alberta Branch is proud to host a Gala Dinner and Symposium in honour of the Centenary of the Court of Appeal of Alberta

April 10 – 11, 2014 Edmonton, Alberta 18 | Law Matters

3) Recruiters are your radio, broadcasting your message across the legal landscape.

Hoping to generate a positive buzz about your firm? Spend your marketing budget wisely and retain a recruiter. We are able to disseminate your message directly to lawyers throughout the market broadly, swiftly, effectively, and consistently. Research indicates that targeted messaging aimed at specific individuals is far more effective and enduring than trade magazine advertisements and other broadspectrum marketing campaigns.

4) Recruiters are your safety net, protecting you from bad hires.

Can your firm afford to hire the wrong candidate? Managing partners and hiring committees can easily invest thousands of dollars worth of otherwise billable time on an onerous screening process, whittling down multitudes of applicants before finally selecting a single candidate of choice. The hours thus spent will be wasted should the selected candidate ultimately prove unsuccessful or a poor fit to the firm, in which case the entire process must be repeated. Add to this the potential financial loss resulting from a poor hire, or the potential gain that a better candidate might have made in his or her place, and the lesson becomes clear: there is a tangible, monetary benefit to securing an excellent fit at the outset. Finding the best possible fit is the primary goal of every reputable recruiter, and the end result of the thorough screening processes which we employ.

Though it may initially appear costly to invest in professional services, history has shown time and again that skillful application of the proper tools by trained professionals yields far more satisfying, long-lasting, and cost-effective results than are possible with a do-it-yourself approach. Ultimately, the question is not “What value do recruiters bring to the hiring process?”, but rather “What value does your firm place on recruitment?” a

PBLA The Matchmaker:

Pro Bono Opportunities at Your Fingertips

By Gillian Marriott, QC, PBLA Executive Director

The Volunteer Lawyer Services (VLS) program is a matchmaker between volunteer lawyers and members of the community who need legal assistance.

VLS provides opportunities for lawyers to become involved in pro bono work in a variety of ways. VLS matches charitable organizations and individuals that are unable to afford a lawyer with lawyers who are willing to provide pro bono legal services. The VLS program also facilitates opportunities to work in Gillian Marriott, QC our Human Rights, Veterans Affairs and Alberta Securities Commission projects.

We are pleased to have Kendall Moholitny, a lawyer who has practised in Alberta and abroad, join us as the new manager of the VLS program.

Lawyers from every size of firm volunteer with VLS. More than 25% of the lawyers on our volunteer roster come from firms of ten or fewer lawyers, and almost 10% of the volunteers are sole practitioners.

Anyone who is an active member of the Law Society of Alberta, active for pro bono only, or an active exempt lawyer can volunteer through VLS. Once a lawyer is signed up through VLS, he or she is covered for insurance purposes when providing pro bono legal services. Please see Rule 148.2(1) of the LSA Rules for more information.

Who Gets Matched Charitable and non-profit organizations come to VLS looking for advice in many areas, including bylaw review, loan structure, mergers, and corporate governance. Individual applicants come to VLS by referral from other clinics. Typically, VLS is their last chance to find a lawyer when other agencies are unable to assist them due to financial eligibility, conflicts, lack of expertise or capacity. Individual matters cover the gamut of areas of law, including civil, family, criminal, admin,

and immigration. The parties that are matched with volunteer lawyers are always grateful, as VLS is the last road to legal assistance when other avenues are foreclosed.

How Matches Are Made Once a week, the VLS Manager sends out an email to the volunteers on the roster, with a “menu” of matters that need to be matched. The email provides a brief description of the area of law, the legal issues, upcoming court dates and other relevant information. If a lawyer is interested in a case on the menu, he or she contacts the VLS Manager and, once conflicts have been cleared, a match is made. The lawyer’s contact information is shared with the individual or organization and the client has the onus to make first contact.

Often, the files can be taken on a limited scope retainer, where a lawyer may volunteer to take on one portion of the case but not the entire matter. The weekly email will identify cases that are ripe for limited scope retainers. PBLA also has information about limited scope retainers in the Resource Bank on its website: www.pbla.ca/ resourcebank

The Benefits of Volunteering with VLS VLS is convenient and flexible. Lawyers determine which files they wish to take on and how much time they can offer each client. There is no set time commitment or minimum file requirement. The pro bono opportunities are aggregated and summarized according to area of law in an email once per week, making it easy for lawyers to find opportunities that match their ability and interest. VLS also provides practical experience, professional development and networking opportunities to the volunteers who participate.

If you are interested in signing up with VLS, please contact the VLS Program Manager at vls@pbla.ca or 403.541.4803, or download and submit the registration form found at www.pbla.ca/volunteer. a

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

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

Toll Free: 1-866-640-1077 Also serving Edmonton Law Matters | 19

c ro s s - s e c t i o n

By Karen McDougall

What an exciting time this is. Not only is the Edmonton winter winding down, but the CBA Alberta executive is poised to roll out some really great changes that will affect, among other things, our sections. Here is a teaser.

The way we all renew our yearly memberships is going to change in a way that recognizes our many, many section participants. Beginning this fall, the plan is to offer members an opportunity to bundle the CBA services they typically access. In addition to the Karen McDougall base membership -- involving all of the benefits we have come to expect as members -- we will be given the choice of “adding on” through one of two packages. Package A will involve a base membership and also $250 in education credit, redeemable for section memberships and other CLE programming. Also included will be one “materials only” section enrollment (which can be upgraded to full membership in the section) and a 3% rebate on all CBA activity we enjoy over and above those looked after by the education credit. (Think of this like your Costco rebate card or your rewards credit card. The more you learn the more you save!). Package B will involve similar benefits, but on a larger scale: the education credit will be $500.00, the section enrollment entitlement

Assist

By Marian V. De Souza

“and the Survey Says…”

Information has been provided in this column about the types of personal issues faced by our profession. Non-identifying statistics are shared so that we can better understand the needs of the legal community, and best develop programs to position our members for success in overcoming personal challenges.

In the past, information available was limited to the types of problems that Assist has helped with, or empirical data from our U.S counterparts. Very little Canadian data was available about the health and wellness needs of the legal profession.

Thanks to an independent survey commissioned by the Legal Profession Assistance Conference (LPAC) of the Canadian Bar Association and conducted by Ipsos Reid, we are now able to: Determine and gauge the health and wellness (self-identified) of the legal profession, generally; Determine attitudes and behavior of the legal profession with respect to dealing with personal problems; and Gauge awareness, use, and effectiveness of help available, including lawyer assistance programs, and in particular the Assist program.

Marian V. De Souza

The survey says that health and wellness of law professionals in Alberta is on par with the rest of the country: • Working hours of Alberta respondents aligned with the national average, • Work/life balance indicators were similar to the experience across Canada, and • Alberta legal professionals encounter the same personal struggles, and at similar rates as counterparts across the country.

Further, I am pleased to report good news for law professionals in Alberta and the Assist program: 20 | Law Matters

N orth involves 3 “materials only” memberships and the rebate goes up to 5%.

What this will mean for those of us active in the section activity is that, come the fall, it will be less expensive for us to keep doing what we do.

It will also mean that confirming our attendance at section meetings and other CLE events will be more important than ever. Under this new system, all activity can be tracked so that we get rebate credit for it at the end of the year.

More details about these and the other changes to the CBA fee structure, which essentially get rid of the “one size fits all” model, will be coming to you soon.

In the meantime, in other news, the geographic sections initiative is taking off. The inaugural meeting of the Grande Prairie section will have taken place by the time of printing. A second section, in the St. Paul area, is in the works and will hopefully be holding its first meeting very soon. Congratulations and welcome to the new executive members of both of those sections. We look forward to watching you grow.

One last note to current chairs and section executive members: It’s time to think about succession planning for next year, and to hold your executive elections. Chairs, watch for your electronic information packages, including forms to be completed post-election, which should arrive soon in your email inboxes. Please do not hesitate to contact the CBA offices, Jeremiah or me should you need any help or have any questions. a

• Awareness of Assist is the highest nationwide, with 83% of Alberta respondents indicating that they are aware of a program to help lawyers, judges, law students and their families cope with personal issues. 80% of Alberta respondents were able to name the Assist program, specifically.

• Exposure to Assist is the highest in Canada. One out of three Alberta respondents were likely to have personally used Assist, referred a colleague to the program, or have known others to use the service.

• Effectiveness of Assist was also rated highly, with 93% of Alberta respondents agreeing that Assist is helpful in addressing the health and wellness needs of the legal profession. Albertans were almost unanimous that the Legal Profession Assistance Conference and Lawyer Assistance Programs provide important services to the legal profession (98%), and 83% of Alberta respondents who had used the Assist program found the program to be “Very Helpful” or “Helpful.” The survey further rated the ability of a lawyer assistance program to handle certain presenting problems; Assist received higher than national ratings for all areas, with ratings over 80% for providing help with emotional distress, compassion fatigue, stress and burnout, anxiety, depression, alcoholism, drug abuse and dependency, family issues, marital problems, gambling and behavioural addictions, and poor mental health.

Positive results of the Assist program are encouraging; however, the survey shows that the profession is still split on whether they would turn to a lawyer assistance program when facing a personal problem. While the national survey indicated that 7 out of 10 respondents reported good physical and mental health, as Executive Director of Assist, I am still concerned that 30% of respondents could rate higher.

With the generous support of our members and continued efforts of our Board and volunteers, Assist will build on positive ratings and rely on survey findings to support programming and the appropriate allocation of resources. In case it is helpful for your firm and practice management, I invite you to read the full Alberta report that can be found at www. albertalawyersassist.ca a

c ro s s - s e c t i o n

S outh

By Curtis Serra

As we approach summer, just a quick reminder and heads up that section executive members can start thinking about putting in place volunteers for their respective section executive committees. If you are interested in being a section executive, please contact the chair from the section you are interested in volunteering for.

Friendly reminder to those attending section meetings that it is extremely important for members to remember Curtis Serra to utilize the online RSVP registration system. Not only does this allow us to appropriately plan for food, facilities and materials, but it also allows us to track participation and provide the appropriate documentation for members to claim professional development credits. The system is very easy to use. Simply click where it says “Click Here to RSVP Yes Now” on the meeting request to confirm your attendance.

We recognize it can sometimes be difficult to find the time in our busy lives to attend all of the section meetings in person. With the CBA webcasting even more section meetings this coming fall, this will provide an opportunity for members to stay up to date.

We have some very exciting initiatives at the CBA Alberta Branch to look forward to.

One of the initiatives at the CBA Alberta Branch is a new membership fee structure, which will provide a variety of fee options that can be tailored to an individual’s specific needs. The new fee structure reflects a philosophy of choice, value and engagement for members.

In addition to a basic membership, CBA members will be given the opportunity to add a package of value added benefits which can result in significant savings compared to purchasing the same CBA services individually. In Alberta, these packages will include a material section membership, which can be upgraded to full section membership, and education credits that can be applied towards the purchase of a section membership as well as other education activities or programs offered by the CBA across the county. Packages may also include a rebate on additional CBA purchases which can be applied to your next year’s membership. Stay tuned to your inboxes for more information and details on this new fee structure coming soon.

Another exciting initiative on the horizon for the CBA will be increased involvement between the Bench and the Bar in round table discussions on topical issues. This is a new initiative in its early stages and more information will be forthcoming as this initiative develops. a

Vice President & General Counsel

Corporate Counsel

Irving Shipbuilding is part of the J.D. Irving, Limited group of companies and

J.D. Irving, Limited has over 15,000 employees and has operations throughout

primary site is Halifax Shipyard, with three other locations in the Maritime

forestry & forest products, transportation, shipbuilding & industrial marine, retail,

Location: Halifax, Nova Scotia

is in the business of building quality ships and repairing vessels. The company’s Provinces. Irving Shipbuilding was selected in 2011 as Canada’s Combatant

Shipbuilder and is in the early stages of a complex and large 30 year military

shipbuilding program. It is currently working on a number of significant projects for the Department of National Defence and the Canadian Coast Guard.

The organization is looking for a Vice President & General Counsel to play

Location: Saint John, New Brunswick

eastern Canada and in the United States. The organization has business units in industrial equipment, construction services & building materials, and consumer products. A performance-driven enterprise, J.D. Irving, Limited is dedicated to best practices, teamwork, and making the best products for its customers in Canada and around the world.

As a result of growth, the organization is looking for a Corporate Counsel to

a key role as a senior legal and business advisor to the executive management

join its law department of six business lawyers. You will contribute to strategic

transactions to ensure the organization’s interests are safeguarded. You will lead

contracts, acquisitions, and as a participant in a variety of business negotiations

team. Your legal expertise will be sought on all major commercial contracts and negotiations and drafting of commercial agreements and oversee the legal work of the business.

To succeed in this position you will be a superb communicator with excellent

legal, business and interpersonal skills. You have a law degree and 15+ years of

decision making by providing recommendations related to the structuring of with third-parties.

You will have in-depth knowledge of business law and have had exposure to

litigation, insurance and employment law.

Success in this key role requires a law degree and 5+ years of experience in

experience dealing with business law issues, either at a major law firm or large

a wide range of business law matters, either at a major law firm or with a large

an asset. You will also have a high degree of integrity, accountability and diplomacy.

an asset. Strong analytical, written and oral communications skills are essential.

corporation. An MBA or an undergraduate degree in business would be considered

corporation. An MBA or an undergraduate degree in business would be considered

Both of these opportunities offer a competitive salary and benefits package.

Experienced legal professionals looking to offer their expertise and counsel to further their careers

with a renowned organization known for its high quality products and services are invited to

contact Lynn Breau at (506) 852-8043 or forward a resume to breau.lynn @ personnel-search.com.

Law Matters | 21

The Student Perspective

Katherine Fraser

Jared Laneus

The end of April means the end of another school year! Law students are slowly emerging from the blur of writing papers and studying for exams that have engulfed the past few months and looking forward to the summer.

Special congratulations to the Faculty of Law, University of Alberta’s graduates of 2013! This year’s graduation coincides with the celebrations for the Faculty’s Centenary Celebrations, and the Law Student Section of the CBA wishes all graduates the best of luck in their future endeavors.

The Law Student Section had another very successful- and busy- year.

Students had the opportunity to attend the Alberta Law Conference held in Edmonton in January and to attend, throughout the semester, the noon-hour section meetings for free at the CBA office downtown. Additionally, our yearly Mentorship program that pairs local members of the Bar with law students started up again in January.

The program is a great way for students

to network with lawyers, and for lawyers involved with the CBA to become involved with student members.

Our main event for the semester was a lunch-hour meeting held at the law school on March 26. Each term, the Law Student Section tries to have a meeting that is geared towards topics that are of particular interest for law students, who are just starting to think about the direction of their legal careers. The topic for our March meeting, as chosen by our executive student members, was “Switching Legal Careers.”

We were fortunate to have two Edmonton lawyers present about their legal career paths. In particular, they spoke about the opportunities to switch careers and offered insight into how it happens. Our first speaker was Allison Loch, who works for Alberta Justice and currently provides advice to Enterprise and Advanced Education. Our second speaker was Jeremy Schick, who is legal counsel with the Alberta School Boards Association, providing advice and legal representation to both the Association and school boards across the province. Both of our speakers were University of Alberta alumni, having graduated from the Faculty of Law in 1999 and we were very happy they agreed to speak at our event.

Ms. Loch and Mr. Schick spoke candidly about their experiences and the many differences there are in practicing privately versus in-house, or for the government. Each lawyer delivered some individual thoughts and comments, followed by a question and answer period with the law students. The event was well-attended and was an excellent way to end the semester for the Law Student Section. a

A B i g g e r P i c t u r e o n S m a l l Fi r m s B y D av i d L o u i e

David Louie

Erica Lind

22 | Law Matters

Have you ever wondered what it’s like to summer or article at a small firm? Law students are faced with this categorical fork in the road when deciding how to start their career. In a large firm dominated recruiting process, the small firm presence is often consistent with the size. Considering the diversity of small practices combined with the myriad of student personalities, what one student considers a pro may well be considered a con for another when it comes to small shop practice. While the following considerations are by no means an exhaustive list, perhaps they will be helpful for those students who are pondering beginning their careers at a small firm.

In terms of pros, a small firm places you in a position where you can get to know many, and in some cases all, of your co-workers on a first name basis. Many small firms offer a variety of work in various practice areas. This provides an opportunity for a summer law student to gain exposure to multiple areas of law at an early stage of their career.

In contrast, small boutique firms that

UofA

UofC

focus on a particular area of law provide a great option for students who know the area of law they want to pursue. In addition, smaller environments may offer a more organic workflow where students could have the opportunity to reach for work above their level. While not quite a truism, some small firms offer a very reasonable work-life balance.

In terms of cons, some students value the student culture at large firms, where there is often over ten students in a given summer cohort.

In a small firm you may be one of the only, if not the only one. You may even be known as “the student”. Having other students to bounce “dumb” questions off of can be a convenient resource to exhaust before asking an associate or partner. In a smaller establishment you could be on your own in that regard. While by no means the case with all small firms, one of the more commonly cited drawbacks is the compensation.

Many smaller establishments cannot match the salaries, benefits and perks that large firms offer. Another commonly cited con is a lack of resources. In contrast to large firms that have dedicated administration and support staff, some practitioners in small shops must dedicate time to run the business of law in addition to practicing it. However, this can be a rewarding aspect as well.

Want more information? The Canadian Bar Association sponsors a small and medium sized firm panel each year at the University of Calgary Faculty of Law. The panelists consist of lawyers who practice in various areas of the law in smaller establishments in and around the Calgary area. This is an excellent opportunity for students to gain some insight into life at a small firm and to make that big decision about working in a small firm an informed one. a

Health Matters How to take a Holiday

By Devin Mylrea, Associate Partner, Shea Nerland Calnan LLP At the time of publication spring will have surely sprung and the summer vacation season will soon be upon us.

Whatever your mind begins to turn to in spring: travel, cycling, camping, landscaping, Home projects, visiting relatives or perhaps a cabin, it must also turn to the inevitable task of finding a way to take time off for those pursuits.

Lawyers are applauded for their strong work ethic and it’s a given that you need to take time off. A break in the cycle, time to recharge, or just a rest, Devin Mylrea whatever a vacation is to you, don’t allow the exercise of preparing for time off to add to your stress and workload.

So what to do? You’re a lawyer: you already have a complement of skills and professional resources to apply to the successful planning and implementation of that great summer vacation. Here’s a reminder of some of the high points of getting away.

The Plan: Start early. Partner or otherwise, solo or larger firm, assess your practice load and try to set time aside when the work is lightest. If there is no “low-season” then pick a span of time that makes the most sense with regard to the least amount of transactional work, filing deadlines or court dates. While you are arranging that don’t forget, with the advent of “online everything”, camping, vacation rentals, flight deals etc, get booked up, literally, in a nanosecond. Starting a plan early gives you a fighting chance at aligning time away with a place to go.

Be thorough. If you manage your practice with a log or file list then review it regularly as you would but now do so with your vacation period in mind. Ensure that your staff and other lawyers are aware well in advance of your time away. For some firms, practice meetings provide the perfect forum for that heads up of your pending holiday.

For small firm and sole practitioners there is additional difficulty of arranging certain tasks and files to be handled by staff or other lawyers. Starting early will help you cover that additional need when the time arrives be it through staff at your firm, other lawyers or locums. Reschedule and defer matters to the before and after period of your vacation now and as much as practical. Ensure coverage for those matters that cannot be moved.

Tell everyone. In addition to planning with your staff and lawyers at your firm, assess if telling certain clients and opposing counsel of your time away would be useful and appropriate. Advising select clients and lawyers that you may be working on extended matters with of your time away can certainly help defer the need to communicate and avoid “crisis” emails. Regardless of the scope of your announcement, a proper Out-of-office/email auto-reply is always advisable.

Get ready. You’ve sorted work out, now consider what your holiday requires and start gathering, packing, and dusting out the trailer early.

All your fine efforts preparing for a clean departure from the office should not be overshadowed by the panic of getting visas, shots for exotic locales, shopping for equipment out of season, or having that “Home Alone” moment at the departure lounge. Take care of your home matters as you would the office and plan to have coverage for the mail and plant watering as you would files and deadlines.

The Implementation: Follow the plan. It’s ready and so are you so enjoy. The practical planning route will put you in a better position to enjoy your holiday with family and friends. Remember, your principal taught you that preparedness is one of the cornerstones of a successful practice in law. Your level of preparation will have a direct effect on whether you succeed in securing a holiday that is meaningful and recharging or one that feels like being at the office with shorts and flip-flops.

Other great vacation resources: Useful Resources on taking time away from the practice of Law • Practice Advisors - Law Society of Alberta. For guidance on locums, sabbaticals and practice advice for all seasons.

• Check out the “Out Of Office” column in each issue of the National, CBA’s Canada wide magazine to see how lawyers across Canada get away and stay energized.

• ASSIST: Alberta Lawyers’ Assistance Society. http://www. albertalawyersassist.ca when issues critical to health and happiness are bigger than taking a holiday and you need help.

Previous great articles on taking time off: • A Neutral Corner: Getting Away From It All. Jocelyn Fraser, Equity Ombudsperson, Law Society of Alberta, Volume 10, Issue 1 of the Advisory.

• The Nuts and Bolts of Taking a Vacation. Lonny Balbi, Q.C, Canadian Bar Association. a

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Law Matters | 23

A VETERAN’S VIEW— Small Firm Practice

By Frank DeAngelis

Starting out as a sole practitioner with 10-years’ prior experience in 2002, I can safely say that I have “seen it all” in the development of Main Street Law Offices into a firm with 9-lawyers and 20-support staff, culminating in Main Street Law LLP effective April 1, 2013.

The most challenging part in the early years was trying to juggle and balance the demands of client expectations with professional obligations and the business side of running a successful law practice. My top tips for Frank DeAngelis finding this balance (in no particular order) are the following: 1. Follow the Code of Professional Conduct both in spirit and intent. Your professional reputation is truly the most valuable asset you possess.

Conducting yourself in accordance with the Code will always serve you well.

2. Learn to say “NO” and say it firmly. One is often tempted to make bad decisions due to pressure from clients, suppliers or because it seems to be the “right thing” to do right now. Avoid the temptation. Think longterm and strategically. Know where do you want to be one, three, and five years from now and make your decisions accordingly.

3. Engage in Every Day Marketing. Marketing doesn’t need to be a foreign concept that you do separate and apart from your practice. Ingrain marketing in your practice on a daily, every day basis. Simple things get results. Say “thank you”. Send a thank you card. Return your clients’ calls promptly. Volunteer with the Chamber of Commerce in your community. Take another lawyer in your neighborhood out for lunch.

These are all effective, every day marketing techniques. If you would like to read a comprehensive paper on every day marketing presented at the 2010 Solo & Small Firm Conference, please e-mail me at f.deangelis@ mainstreetlaw.ca and I will forward a copy to you.

4. Participate in Continuing Legal Education regularly. I have always participated in somewhere between 3 and 8 days of Continuing Legal Education each year. While these can be costly in the short-term, the “long-term thinking” rule mandates that you should invest in yourself for your professional development. Being well educated, well known and well respected will help your practice grow in later years. Specifically, joining the Solo, Small Firm and General Practice Section of the Canadian Bar Association and participating actively this Section where you will be able to exchange ideas and review issues with like-minded practitioners.

5. Utilize the services offered by the Law Society and the Canadian Bar

Association, particularly the services of the Practice Advisor. The Practice Advisor can be a sounding board when you are uncertain as to what the right steps to take are. Additionally, don’t be concerned about reaching out and contacting colleagues to ask for advice. I have done so hundreds of times and the lawyers that I have called have always taken the time to courteously respond to my concerns.

6. Be honest with yourself in knowing your strengths and weaknesses. If you are a great criminal lawyer, do you really need to do real estate work?

If you are a great real estate lawyer, are you doing a service to your clients by conducting an impaired driving trial? Leave yourself some flexibility in the early years of your practice, but in order to be successful you do not need to be capable and competent at everything, Decide the first, second and third areas of law that you are most comfortable practicing in and stick to them. Develop a referral network to like-minded practitioners for areas of law where you would prefer not to work so that you can still market to your client that you are their “first call” when they need legal service, even if the first call is only for a referral.

7. Only do legal work that you are certain you will be paid on or that you are accepting the risk of being paid on in advance. There is nothing wrong with contingent work or speculative work if you accept the risk from the outset. However, if you do not accept the risk from the outset, then your Retainer Agreement and retainer practices must ensure that you will be paid when the work is completed. There is never a shortage of legal work for lawyers; there is only a shortage of good quality, paying legal work. I found that my clients appreciate discussing fees honestly and forthrightly so that they can make decisions as to whether or not they wish to purchase future legal action or not. If not, then save your time and effort to be expended on those clients who do want to utilize your professional services to obtain whatever results they are trying to achieve.

8. Be able to answer this question when somebody asks you: • “What do you do?”

• “I help ________________ to ___________________.”

For example - I help families go through difficult transitions in their personal lives.

- I help businesses structure their business organizations.

-I help other professionals understand their legal obligations.

It is a lot easier to market your services when you know what it is that you do.

This foregoing list is by no means exhaustive, but following these simple tips will help you achieve balance and to develop a loyal, dedicated client base over time. a

S t u d en t P e r spec t ive Working in a Small Firm

By Simon Shakibaei

Simon Shakibaei

24 | Law Matters

Upon completion of law school at the University of New Brunswick, I loaded up my Toyota Corolla and headed west to Calgary Alberta hoping to secure an articling position. I was one of those law students who coveted an articling position with a large national firm. Unfortunately I was out of the country during the Student Matching Program and missed the opportunity.

I arrived in May 2011. After two months of “cold calling” and sending out applications to almost every firm in town, I was still without articles. Sensing I was desperate,

my friend convinced me to contact her father, a senior lawyer at a large downtown firm. He put me in contact with a law school buddy of his, whom he regarded as an excellent mentor for young lawyers.

I received a call from that lawyer the very next day. He told me to drop by his office as soon as possible for an interview. “Don’t waste time putting on a suit and tie, just get over here,” were his precise words. His client cancelled an appointment and he had some spare time before his next meeting. I started work the next day. A month later, I was registered for CPLED as a student-at-law and on my way to completing my articling year. Along the way, I learned some valuable lessons about working in a small firm.

Not all solo practitioners are created equal In this regard I simply happened to luck out. Not only was my mentor

A L B E RTA L AW R E F OR M I N S T I T U T E Reforming Reform

By Peter JM Lown, QC, Director

One of the three priorities in ALRI’s three-year business plan is to: “refine the consultation and publication process”. In the last column I mentioned changes in the website and some different consultation techniques. This time I will give more details and describe some of the technological changes.

The first change you will see is in the annual report. It has changed from a 70-page report in a gray cover (some might say “rainy” Peter JM Lown, QC gray) to a 12-page colourful document highlighting our activities. The new format has two benefits. First, distribution costs are lowered. Our normal report distribution involves sending out 1800 copies and distribution costs exceed publication costs. Next year, we will distribute the annual report electronically. You will receive the report as an attachment or a link to view it on our website. Second, we can constantly update material on the website. Lists of reports or implementation tables were frozen in time once a year in the annual report. Now, by visiting the website, you can have current and up-todate access to audited financial statements, tables of implementation of our recommendations, current and potential projects, our project work process and information about staff, board and volunteers.

The second change you will see is in consultation materials. We will still use our standard reports because recommendations are more cogent and credible when seen in the context of a comprehensive description of the issue and potential solutions. However, we will supplement the

Continued from page 24 a Queen’s Counsel with almost 30 years of experience but also Chair of the Alberta Law Foundation and a Bencher of the Law Society. Not all small firm practitioners are as experienced or as involved in the greater legal community. What I was not getting in high end corporate/ commercial work was made up in other areas. I learned how to interact with clients and opposing counsel. More importantly, I was taught how and why lawyers get into trouble with their clients or worse, the Law Society, and how to avoid these pitfalls in the first place.

Technology is your amicus, but only if you use it I was given firsthand exposure to both the business and administrative side of private practice. I was taught how to keep notes and proper records of work completed on a file, how to reconcile trust accounts, and how to report to a client. My mentor’s philosophy was “if there are no notes from a phone call, then the call never happened”. This would leave me exposed if a less favourable version of what was said or left unsaid was later proffered by the other party. To this end, I learned technology is your amicus, but only if you use it. This is especially true for small shops where margins can be tight, time is short and staff resources are scarce. I was fortunate my mentor placed such a high premium on technology in the office.

Articling in a small firm can offer opportunities not available elsewhere As part of my articles my mentor had arranged a four-month secondment for me at the Family Law Office. My time there was a crash course in poverty law. The experience was invaluable and I am a far better solicitor as a result. I was in court on almost a daily basis with the highlight being my involvement in an international child abduction matter (my first reported decision). After my secondment, I was able to

consultation process with more focused and specific consultation questions and surveys. We recognize your busy schedules. By offering you choices and options in things like survey documents, we can still get your input without forcing you to spend several hours reading through a bulky report (even though, in my view, reading the whole report would be informative and beneficial). Of course, there is a challenge for us. Materials have to be written and questions posed in a different way. Being concise may demand great precision. Depending on the survey tools we use, we also have to be careful to ensure that we are complying with the privacy standards of the Province and of the University of Alberta where we are associated.

We value your input – the goal is to get your input in the most current, informative and efficient way. Keep those tweets and e-mails coming!

Finally, we will be moving towards more electronic publication. In order to ensure that we reach the widest possible audience, we will develop our own distribution list, and use notices to CBA and LSA members to give you links to materials on our website. We hope that you find these changes beneficial. We know from experience that change for change’s sake is not helpful. The goal is to carry out our mandate as effectively as possible: Dedicated to advancing just and effective laws through independent legal research, consultation and analysis. If you’re expecting to see information about our current projects, don’t wait for the next column, go to our website now and check out our activity.

Website: www.alri.ualberta.ca Email: reform@alri.ualberta.ca Twitter: @ablawreform a

manage my own files with greater confidence.

It can be lonely working in a small firm Working in an office with only a handful of people means there are times where you spend the entire day alone by yourself. The social aspect of working in a small office can be limiting. On the bright side there is little in the way of firm politics. During recruitment season law students are often told to see if they “fit in” with the firm culture of the place they are looking to article. This is even more critical in a small shop since transferring to another department is not an option.

Again I was fortunate in that I was able to develop a rapport with my mentor very quickly. He actively volunteered his time within the legal profession and encouraged me to do the same. We also shared a mutual interest in pursuing activities outside of the office.

Small firms are on the front lines of access to justice Small firm practitioners are often the gatekeepers to the justice system and access to justice is a frequent issue for their clients. One of the important lessons I learned was how to manage my clients’ limited financial resources judicially. This means managing your time on a file effectively and balancing costs versus certainty of outcomes.

Many people assume articling at a large firm allows you to get a more rounded set of articles whereas articling at a smaller shop allows you to get more hands on experience and direct solicitor client interaction.

I do not believe this is necessarily the case. Like most things in life you get what you put in. If you are not willing to put the time in do not expect to learn much. Whether big or small, all firms value dedication, ambition and enthusiasm. a Law Matters | 25

A D A P T I N G TO C H A N G E Controlling Technology – INBOX CLUTTER

By Terrence A. Cooper, QC

The Industrial Revolution brought new technologies to Industry and Agriculture. The result was increased productivity, increased economic wealth, improved standards of living, and more leisure time.

is a precious commodity, and what I discovered is that unless I have my assistant file the emails I do not have the time to do so and they simply clutter my inbox. Allowing the email to remain in your inbox is like having your paper mail accumulate on your desk for days, weeks, or months in organized, semi organized, or disorganized stacks.

Over the past two decades, we have experienced a technological revolution that has brought new innovations and “gadgets” to the office environment.

Lawyers, sometimes reluctantly, Terrence A. Cooper, QC have learned to integrate these new technologies into their practices. These innovations should increase our productivity, enable us to make more effective use of our time, and, hopefully, provide us with some more leisure time. This is what should happen, but it is not what necessarily happens.

3. Dictate Don’t Type. This is the rule I offend the most. There seems to be a compulsion that when we receive communication by email, we should respond to it immediately ourselves. Strangely, I never felt the urge to pull out a typewriter to respond to a letter I received in the mail. Perhaps we confuse the ability to respond immediately as being equivalent to responding efficiently. From the articles that I have read there seems to be a consensus that if we type an email, we should try to keep that email short and to deal with one point. Otherwise, it would be more effective to dictate a responding letter and to have that sent as an E-Letter.

When you find yourself typing long emails ask yourself if your skill as a typist is worth your hourly rate.

I love technology. However we must master technology and not become a slave to it.

Several years ago, I decided to convert my law practice to a “paperless practice”. As part of this, we promoted the use of electronic communication over paper communication wherever possible.

The success of this initiative created its own challenges. Most of my communication is now electronic and I suffer from Inbox Clutter. If we do not have effective rules and procedures in place for dealing with emails or electronic communication, the whole advantage of this amazing technology evaporates. We can quickly spend a significant amount of our time doing administrative work. This is time that we could devote to legal work or leisure.

I have struggled with inbox clutter in my paperless practice. I now realize that it is not necessary to develop new ideas or concepts in handling electronic communication. All that is necessary is to adapt the rules that worked so well for paper communication to our electronic world.

Here are some examples of rules that can help control inbox clutter: 1.

Limit what goes to the Inbox. The inbox should contain the email that relate to work. The stock tip, the joke email, emails from the CBA or the Law Society can, and should be automatically diverted to their own file folder for you to review or delete at your leisure. This is one area where email has tools that can easily assist us. You can set up rules in Outlook to move these types of emails to designated folders.

2. Do not use your inbox or Outlook as your filing system for emails. Deal with the email and then file it. For my practice, I ask everyone to copy their emails to my assistant. I also copy my outgoing emails to my assistant. My assistant then files the email in the digital file folder. The same would work with a normal paper practice, the assistant could print and file the emails. If I don’t do this, I have to file these emails myself. Time

26 | Law Matters

4.

Establish a Procedure for reading and respond to your emails and follow it. Consider how you deal with paper correspondence. Does your assistant dash into your office and interrupt you each time a letter arrives in the mail or by fax? Do you then drop everything to respond to that fax or letter? If you do, you are breaking one of the cardinal rules of effective time management. You are allowing someone else to decide what you should be working on. Avoid the urge to check an email when that little envelope flashes on your screen.

The challenge of adapting to the technological innovations for us is to avoid the trap of concluding that since technology has made it easier to do tasks we didn’t do before we should then do them.

When that urge seizes you, remember this: You should be spending at least 80% of your time doing those tasks that you have a unique skill and ability to do and 20% of your time doing those tasks that you can delegate to someone else.

Do not make the mistake of allowing the innovations in technology to result in taking on more tasks that you now can do but still should be delegating to your assistant. a

A DV E RTI S I N G Active Law Office for Sale in Sylvan Lake Reason: Retirement.

Practice involves corporate/commercial and personal injury litigation, corporate, real estate and wills and estates. Contact Patrick J. Madden, QC at 403.887.1070, e-mail: pjmadden@shaw.ca Established Law Practice for Sale in NW Calgary – Wills, Estates, Real Estate, Excellent Location - Terms Available Ph. 403-650-7628 INTELLECTUAL PROPERTY. Let us work with you in protecting your clients. Patents, Trademarks, Copyright. Stemp & Company, Lawyers and Patent Agents, 233, 1100 - 8 Avenue S.W. Calgary, AB, T2P 3T8.

1-800-665-4447.

LARGE CORNER OFFICE WITH ADDITIONAL SPACE AVAILABLE in 2 storey renovated building in west Edmonton owned and occupied by 2 senior real estate/corporate/commercial lawyers. Flexible terms, ample free parking, bright and spacious offices with great atmosphere and working conditions. Excellent opportunity for referrals and building your own practice. Reply in confidence to: Robert Wilson (780) 4480884 or rwilsonm@telus.net OR Lawrence Lyman (780) 486-5280 or llyman@telus.net LEATHER BRIEFCASES AND LAPTOP BRIEFCASES You must see our selection of high quality cases with designs and styles for both men and women professionals. Briefcases available with patented 2-in-1 removable handle system available for longer commutes. Weatherproof cover included. These high quality cases are manufactured and distributed by McKlein Company | Free Shipping | Visit us at www.allthingsleather.ca <http://www.allthingsleather.ca> or call Judy at 780489-6800 for more information.

classified et cetera London UK flat for rent. Spacious 2 bedroom, 1 bathroom flat for short term rental in Chelsea, close to the Earl’s Court tube station.

Contact Gloria@vinciphillips.com.

Looking for recent will for Gordon Burpee Steeves Please contact Alison Barbet. T: (403) 466-7645 E: barbet_5@hotmail.com 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.

Retiring 43 years General practice available. D. W. Ross.

Edm. 780-425-1965.

SEEKING LAST WILL & TESTAMENT of Michael John Fayant who passed away on January 12, 2013 in Cold Lake, AB. Contact Kara Barclay: 780.594.7151 or kbarclay@tdlaw.ca 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.

WELL ESTABLISHED LAW FIRM FOR SALE. The 2 man law firm is a general practice focusing on corporate, real estate, commercial matters, wills and estates. 30 years plus in SE Calgary. Could easily expand to include litigation, divorce and criminal law. Will assist in takeover. Please respond in confidence to calgarylawresponse@gmail.com.

Locating Last Will and Testament of Raymond Geoffrey Flanagan, AB resident. DOB Apr.30/54 DOD Jan.30/11. Contact Jennifer 780-906-0939 or email: destined2bme@live.ca

CBA Alberta is now offering job postings online. To post a job online, please contact the Communications Coordinator at 403-218-4310 or communications@cba-alberta.org. View job opportunities at www.cba.org/alberta/main/about/Employment.aspx.

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 $22 $33

INSERTIONS:

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Per piece - distribution 10,000 Specific postal code areas (Printing not included)

$3,300 Pro-rated

Rates are effective as of February 2011.

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.

For complete advertising information, visit cba.org/alberta.

announcements Calgary Legal Guidance, a poverty law office in downtown Calgary, is seeking an experienced lawyer for our Immigration Law Project.

This position is funded until March, 2014 with an excellent chance of becoming permanent. Started less than one year ago you will have the opportunity to develop the program with our community partners through legal clinics and direct representation leading a team of staff and volunteers. We offer excellent work-life balance, full benefits and a dynamic, positive environment.

Please go to our website for more information: clg.ab.ca, or contact the Executive Director, Larry Horeczy, at 403-716-6475.

In celebration of its first 100 years, the University of Alberta Faculty of Law is hosting “The Future of Law School” Centenary Conference September 26-28, 2013. The Conference is timed to solicit a wide professional, judicial, academic and public response and to have a lasting legacy. It will bring together leading legal thinkers — Canadian and international, and academic, professional and judicial — to state the case against the present and for the future of legal education, before members of the common law legal community and before the public at large. More information and registration is available on the Faculty of Law website at: http://lawschool.ualberta.ca/en/centenary/conference.aspx.

This text-only section is provided for non-profit organizations free of charge. To include your organization’s announcement please contact the Communications Coordinator at 403-218-4310 or newslet@cba-alberta.org.

Law Matters | 27

CBA-ALBERTA

Toute candidature doit être soumise au plus tard le 31 mai 2013.

For more information, contact / Pour plus de renseignements, communiquez avec: Senior Director of Communications / Directeur principal des Communications The Canadian Bar Association / L’Association du Barreau canadien 865 Carling Avenue, Ottawa, ON K1S 5S8 Tel. / Tél. : (613) 237-2925 / 1-800-267-8860 Fax / Télécop. : (613) 237-0185 E-mail / Courriel : info@cba.org

CBA Alberta Members Look for your copy of the

CBA Legal Directory 2013, with Lawyer, Firm, Court, Judge, Legal Service listings and more, coming to you this spring!

One complimentary copy is distributed, at no charge, to each CBA Alberta Branch member.

Another benefit of membership with the CBA!

Join the CBA Alberta community!

28 | Law Matters

President

Secretary

Marian V. De Souza

Steven Mandziuk, QC

Wayne Barkauskas

Executive Director

Tout membre en règle de l’ABC y est admissible, à l’exception des membres actuels de l’Exécutif, des membres de la Direction des finances et de la planification et des ancien(ne)s administrateur(trice)s dirigeant(e)s. Chaque candidature doit être parrainée par cinq membres de l’ABC, dont deux en provenance d’une province autre que celle du candidat ou de la candidate. Les mises en candidatures doivent être soumises par écrit et accompagnées du curriculum The award, a bronze statue of Louis St- vitae du candidat ou de la candidate, de Laurent, will be presented at the CBA’s son adresse à domicile et au travail, et d’une courte présentation des motifs Annual Conference. de la mise en candidature.

Deadline for submissions is: Une statue de bronze de Louis StMay 31, 2013.

Laurent sera remise au candidat ou à la candidate retenue à l’occasion du Congrès annuel de l’ABC.

Cyril S. Gurevitch, QC

Treasurer

Any CBA member in good standing is eligible for the award, except current Executive members, Finance and Planning Directorate members and past Table Officers.

Candidates require endorsement of five CBA members, two of whom must reside outside the nominee’s province. Written nominations must include the candidate’s curriculum vitae, home and business address, and a brief submission outlining the candidate’s suitability for the award.

Le Prix d’excellence Louis St-Laurent, à la mémoire de l’ancien premier ministre et président de l’Association du Barreau canadien, est attribué à une personne ayant contribué de façon exceptionnelle à la réalisation des objectifs de l’Association.

Past President

The Louis St-Laurent Award, in memory of the former Prime Minister and Canadian Bar Association President, recognizes distinguished or exceptional service to the goals of the CBA.

Vice President

EXECUTIVE

CALL FO R NO MINATIO NS / APPEL DE CANDIDATURES

Jeffrey D. Wise, QC

Maureen Armitage

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 Alberta 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 Alberta 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

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