BarTalk | April 2005

- - --

APRIL 2005

- - - -

VOLUME 17, NUMBER 2

SST Declared Unconstitutional in Part Appeal and cross -appeal both filed n a decision that adds to the momentum of the CBA's campaign to remove the Social Services Tax (SST) on legal fees, Koenigsberg, J. released a landmark decision in Christie v. AG of B.C. In this case, counsel Darrell Roberts, Q.C. and Robin Bajer, both of Miller Thomson LLP, successfully argued on behalf of Vancouver lawyer Dugald Christie that the Social Services Tax on legal services impedes and denies justice for low income persons, contrary to the Charter of Rights and Freedoms .

Justice Koenigsberg declared the Social Services Tax Amendment Act ultra vires the Province of British Columbia to the extent that it applies to legal services provided for low income persons, as defined by the income and asset levels that determine eligibility "for the Family Duty Counsel Program of the Legal Services Society .. . as set forth in its policy and procedures manual." She also ordered the return to Mr. Christie of more than $6,000 that was seized by the government when Mr. Christie could not pay the tax owed on services provided to his clients.

In the days following release of the decision, conflicting messages came from the Revenue and Attorney General ministries: on the one hand, lawyers were told they were responsible for ensuring that clients under a certain income threshold were not charged SST; on the other hand, it was unclear whether the Attorney General would appeal the decision and lawyers would be liable for SST on those clients' bills should the appeal be successful.

I

Adding to the confusion, the Ministry of Revenue initially posted a website link to a chart showing the income thresholds for legal aid eligibility, which are lower than those referenced in the court decision. The Ministry then removed the link and posted the duty counsel threshold levels that were in place the day of Mr. Christie's affidavit being filed . In the meantime, the Legal Services Society (LSS) had raised those thresholds quite substantially (the lowest level rising from $28,000 to $32,000). Anyone reading the Christie decision and referencing the LSS website for "LSS Family Duty Counsel Income Thresholds" found the new levels.

Clarification has been sought from government, and has recently been provided . Lawyers with clients who may qualify for SST exemption need to educate themselves about the new requirements. Links to Ministry of Revenue information and Law Society instructions to lawyers are available at www.cba.org/bc.

The Attorney General is appealing the Christie decision, and Mr. Christie's counsel has filed a crossappeal to have the Act declared ultra vires and the SST on legal services eliminated. The CBABC has resolved to contribute to appeal costs, as part of the Branch's ongoing commitment to have this arbitrary and harmful tax removed for all British Columbians who have need of legal services. BT

The

Canadian Bar Association British Columbia

www.cba.org/bc

-

- - - - --

UP FRONT

4 5 6 8 10

From the President Executive Director National News Section Talk

The bar in this province is active from corner to corner and we intend to bring you regional stories in this

Practice Talk

and future issues.

15 16

14

On the Web

Acts In Force

GUEST CONTRIBUTORS

18

Legislative Update is available to CBA members at www.cba.org/bc.

IN THE BACK

B.C. Voices Island and Interior lawyers consider the practice of law

by Patricia Jordan

LEGISLATIVE UPDATE

Big City, Big Deals?

by Warren Smith

Nothing Official

by Tony Wilson

13

In this issue we turn our focus to the vibrant small centres of B.C. In the Cariboo they are planning another fantastic AGM, in Comox the local bar is dreaming of summer baseball games, and in other cities and towns, local bars are organizing Law Week celebrations for their communities.

by Shelley Bentley

by David f. Bilinsky

12

FEATURED THIS ISSUE

A Point in the Judicial Direction The process for appointment to the Provincial Court by the Hon. ChiefJudge Carol Baird Etlan

19

Court Services Online by the Hon. Geoff Plant, Attorney General

20 24 25

26

Events Bar Moves Member Services Partners B.C. Courthouse Library Society French Jurists Association of B. C. Continuing Legal Education Society of B.C. Law Foundation of B.C.

28

2

Classified Ads

BARTALK April 2005

Have you moved?

Let us know!

If you have changed firms, addresses, e-mail addresses or phone/fax numbers, please let us know. E-mail us at data@bccba.org. phone 604687-3404 or fax 604-669-9601 or contact us tollfree [phone 1-888-687-3404, fax 1-877-669-96011.

CAROLINE NEVIN

Canadian Bar Association, B.C. Branch 1Oth Floor, 845 Cambie Street Vancouver, B.C. V6B 5T3 Tel: 604-687-3404 Toll-free (in B.C.]: 1-888-687-3404 BarTalk is published six times per year by the Canadian Bar Association, British Columbia Branch.

BarTalk Senior Editor Caroline Nevin 604-687-3404, ext. 320 cnevin@bccba.org BarTalk Editor Sandra Webb 604-646 -7856 slgwebb@bccba .org Editorial Board Chair David Dundee ddundee@kamloopslaw.com Ed itorial Board Members Kenneth Armstrong Johanne Blenkin Anna Feglerska Sarah Klinger Susan MacFarlane Christine Mingie Gurminder Sandhu Veronica Singer Dierk Ullrich

LETTERS TO THE EDITOR

PENGE BUNGALOW SYNDROME Send your LETTERS TO THE EDITOR to : (VOL. 17, NO.1) Caroline Nevin, BarTalk Senior Editor I am a huge Rumpole Canadian Bar Association, B.C. Branch fan . Now here's my Fax: 604-669-9601 question: in what book Toll-free fax: 1-877-669-9601 E-mail: cnevin@bccba .org does Mortimer actually write about the Penge Bungalow murders?

He's always referring to it but I've never read about the actual case.

As an aside, in the mid-80s I was on the front cover of Lawyer Magazine as the gold medalist from University of Manitoba Law School.

I remember thinking it was all downhill from there. Not quite true, but I've never been on the cover again.

-Name withheld by request [Humour columnist Tony Wilson's reply: He mentions Penge Bungalow all the time, but Mortimer has only just written and released Rumpole and the Penge Bungalow Murders, a prequel, I suppose, to all his other misadventures.]

ŠCopyright the British Columbia Branch of the Canadian Bar Association 2005.

This publication is intended for information purposes only and the information herein should not be applied to specific fact circumstances without the advice of legal counsel.

The Canadian Bar Association, British Columb ia Branch represents more than 5,400 members within British Columbia and is dedicated to improving and promoting access to justice, reviewing legislation, initiating law reform measures and advancing and improving the administration of justice.

BarTalk Publication Sales Agreement #40741008

Win "Miss Saigon" Tickets Enter to win two tickets to "Miss Saigon" at the Stanley Theatre in Vancouver bye-mailing your name to cba@bccba.org with the subject "Miss Saigon Contest." The contest closes on Friday, May 6. We will hold a draw shortly thereafter and contact the winner by phone. You must be a CBA member on May 6, 2005 to be eligible to win. [Please allow up to 10 business days for processing membership fees .)

Congratulations to Rowan Davison of Orchard & Company in Duncan , who won two tickets to "The Lawyer Show" on March 12. Mr. Davison guessed closest to the number of CBABC members as of March 1, 2005.

The

Canadian Bar Association British Columbia

April 2005 BARTALK

3

FROM THE PRESIDENT

MICHAEL C. WOODWARD

SST on Legal Services A leaky boat

infringement of access to justice by t is difficult to imagine a more fundamental right than low income persons. "access to justice." If even one The CBABC is pleased with citizen is denied access to justhe removal of this impediment to tice by the actions of his or her provision of legal services to our own government, then all citizens lower-income citizens. I want to have less than justice. specifically commend Darrell On February 8th, in Christie v.

Roberts, Q .C. and Robin Bajer AG of B.C., 2005 BCSC 122, who, acting pro bono, successfully Koenigsberg J. declared Bill 8, the represented the Petitioner, noted Social Service Tax Amendment Act poverty lawyer Dugald Christie.

Michael C. Woodward (No. 2), S.B.C. c. 24 to be, in part, Last year the tax collected President 2004/2005 unconstitutional, on precisely this $100 million from the fee-paying B.C. Branch Canadian Bar Association ground. She said, "Thus I find the clients of lawyers in this province.

Act infringes the fundamental The tax is in the very centre of the constitutional right of access to justice of low income Branch radar, and commencing two years ago signifpersons and that the Act is ultra vires to that extent" icant budgeting was made for the SST campaign. A (paragraph 88). task force was established in early 2004, contact is Noteworthy is that the government did not even being made with MLA's and candidates, and a coaliattempt to justify this impairment under section 1 of tion of important client representatives is being the Charter. Koenigsberg J. quoted McEachern CJBC assembled at the current time. in Carten, saying " ...it is difficult to imagine how a In the aftermath of Christie, different governlaw that impairs access to constitutional rights and ment ministries are taking positions on its impleremedies could be justified in a free and democratic mentation that are difficult to reconcile (including society," and herself went on to make findings that the position that it is not retroactive, ironically, Bill 8 the Act cannot be characterized as a minimal impairitself had many retroactive provisions) - these ad hoc ment, and that it cannot be said to pursue an objecand diverse positions make it beyond clear that the tive that is sufficiently important to justify limiting tax is a leaky boat. If ever there was a perfect opporthe Charter right delineated. tunity for a government to use a tax surplus to elimThe Social Services Tax (SST) on legal services inate a tax that is hugely unpopular, which is by govwas introduced in 1992 by the Glen Clark governernment's own admission unfair, discriminatory and ment through Bill 8. The Campbell government did bad, and now also unconstitutional in part, that time not enact the tax, but instead inherited it. Geoff Plant 1s now.

Q .C., the very thoughtful and refreshingly forthright When I became your president last year, I said Attorney General, is and has remained on record as the campaign to end the SST on legal services was at saying the tax is a bad tax that is both unfair and disthe centre of my crosshairs. I am pleased that the criminatory. campaign is gaining real traction. As members workAnd yet the tax remains. Now, as a result of ing together, I believe that we will succeed in "showChristie, the tax is not only bad, unfair and discrimiing Bill 8 the gate." BT natory, but also in part unconstitutional, as an

I

2

4

BARTALK April 2005

FRANK KRAEMER

EXECUTIVE DIRECTOR

News From the Bra nch

the Lower Mainland. So, what is CBABC doing in response?

First, the Branch continues to facilitate access to Section meetings by teleconference. For some time now, our Elder Law and Immigration Sections have successfully conducted meetings which members outside of Vancouver have attended by telephone. We will do all that we can Frank Kraemer to connect groups of lawyers in Executive Director locations outside Vancouver to B.C. Branch meetings in Vancouver or Canadian Bar Association Victoria. All we ask is that someone take the lead to organize the 60% ,.=::; group and let us know; we will make the necessary PERCENTAGE arrangements.

50% OF CBA MEMBERSHIP ~.c::::j Second, we have started a group of listservs to L:::::::::;il '-RE NEWALS 40% meet the needs of our members. As I write this colBY COUNTY c:::. umn, the Branch has just rolled out a listserv for our '#.

30% N '#.

Women Lawyers Forum which is proving to be very '#. '#. NCX> CX> '#. N .... 1- 0:: '#. 1-0::UJ 20% successful.

We will continue to introduce new '"''"'0 ~ '"'0 0::UJ >UJ '"'<( Illz ....~ listservs over the next number of weeks as time perzUJ :::;: 0.. :::::> 0 0:: i 0 :::::> 10% al 0 1< UJ mits. If there is a particular practice group that is Ill z<( 0:: z 1- 10:: 0 ...J UJ <( 0 cr:: :; ~ z 0.. ~ ~ > anxious to get its listserv up and running sooner, 0% please let us know and we will see what we can do Nanaimo and Prince Rupert counties are substantialabout accommodating you. ly below other B.C. counties.

Third, the Branch continues to support local and In speaking with lawyers, particularly in areas county bar activity as part of the Branch's Law Week outside of the Lower Mainland, many have said that Program. We provide financial support and assisthe CBA is an organization that only serves lawyers tance for local events. In our experience, such events in the Lower Mainland. I take issue with that statetend to enhance the image of lawyers within their ment, particularly in view of work the Branch has communities. If you would like to organize a Law done in relation to the image of lawyers, the WCB Week activity in your community, please contact the rates for law firms and the campaign to remove the Branch and we will provide all possible assistance.

Social Services Tax on legal fees. These are but a few We at the Branch are more than willing to make of the Branch efforts that benefit lawyers and law this organization one to which every lawyer in the firms throughout B.C. province wants to belong; however, we cannot do it Having said that, however, one cannot ignore alone. We want your participation. BT that that is the perception of many lawyers outside I thought it might be of interest to share how the CBA and the B.C. Branch are faring in terms of member retention. As of March 15, there were approximately 5,400 CBABC members or about 54 per cent of the membership that we had last year.

You also might be interested to know some comparative geographical information: the percentage renewals of lawyers by county are shown below.

It is clear from these figures that the renewal rates in Cariboo,

I

~

~

~

l()

~

~

(.)

(.)

(.)

-

Apr il 2005 BARTALK

5

NATIONAL NEWS

Test Case on Constitutional Right to Legal Aid Launched

Nom inations Sought Do you know a young lawyer who has done an outstanding pro bono service for the community?

The Young Lawyers-CBA (formerly Young Lawyers Conference] would like to know all about it.

Young Lawyers-CBA seeks nominations for the 2005 Pro Bono Award. The nominee must be under 40 years old or have practised for 10 years or less to qualify. This is an excellent opportunity to publicly recognize a worthy young lawyer!

CBA Past President J.J. Camp, Q.C., is heading up a four-person, blueribbon legal team that has launched a test case to challenge B.C.'s legal aid plan.

"We believe that a constitutional right to civil legal aid must be established in this country, and we believe that the situation is urgent," said CBA President Susan McGrath in making the announcement at the 2005 CBA Mid-Winter Meeting in February.

The CBA considers the constitutional challenge to be groundbreaking litigation. "We welcome Dispute the opportunity to join the CBA in making legal history," says lead Resolution counsel J.J. Camp. The legal team Process members are Sharon Matthews of For details, visit www.cba.org/ Inadequate Camp Fiorante Matthews, Melina CBA/Awards/young_lawyer.

Buckley, Ph.D. and Gwen The CBA has told the Brodsky, Ph.D., all of Vancouver.

Commons Standing Media interest was immediate Committee on Aboriginal and strong, resulting in interviews on CBC Radio and in newspapers Affairs and Northern across Canada. To view the news release and background paper, visit Development that government www.cba.org/ CBNN ews/2005 _Releases. should offer a simple reconciliation payment to those who attended Indian Residential Schools, calling the dispute resolution process instituted by the federal government inadequate and ineffective .

Law Day in China

The recommendation is that the payment be tied to the number of years an applicant spent at residential school, and recognize all claimants as survivors of an injurious program for which the federal government is responsible, rather than requiring individuals to prove they were victimized. Representing the CBA at the February 23 hearing were the chair and vice-chair of the National Aboriginal Law Section, Jeff Harris of Winnipeg and Chris Devlin of Victoria.

2

6

BARTALK April 2005

The All-China Lawyers Association celebrated its first ever Law Day on a cold day last December 18. The statistics are impressive. According to the ACLA, more than 20 provincial law committees held events in different cities, over 3,000 lawyers took part, some 20,000 brochures were handed out, and 50,000 people consulted with lawyers.

As reported by the ACLA, activities included "instructing, guiding, giving speeches" as well as meeting the public. "Numerous people signed engagement contracts with lawyers they consulted" and described the day as "really helpful, which made them understand their basic legal rights and duties" especially in the area of criminal defence.

The CBA's International Development Committee has had an ongoing relationship with the ACLA since 1994. The Law Day initiative in China is part of the Criminal Law and Advocacy project that includes a public legal education component aimed at promoting activities to educate the Chinese public on the criminal law system and the role of criminal defence lawyers.

More information on the CBA's International Development programs is posted online at www.cba.org /CBA/lDP!InterDev.

Mid-Winter Meeting Highlights National eligibility standards for legal aid, a small increase in membership fees, and the creation of a national forum for women lawyers highlighted the CBA 2005 Mid-Winter Meeting of Council in Charlottetown in February.

NATIONAL ELIGIBILITY STANDARDS FOR LEGAL AID The CBA resolution on legal aid calls for governments to work together to establish consistent, Canada-wide eligibility criteria. "This is about true access to justice for all Canadians that does not depend on where in this country someone lives," noted CBA President Susan McGrath.

FEE INCREASE Following a recommendation from the Membership Fee Review Committee, Council approved a small increase in fees (five per cent in each of the next three years). Taking effect in 2006, the increase was proposed by the Committee to help ensure that the CBA remains relevant and that service and member benefits continue to grow. B.C. opposed the fee increase.

NATIONAL WOMEN LAWYERS FORUM The CBA will create a national forum for women lawyers based on the successful model in B.C. One of the key reasons is the well-documented attrition rate of women from the profession.

"Among the objectives of the forum is to launch a mentoring program that will encourage women lawyers to stay in the legal profession and break through the glass ceiling," said Kerry-Lynne Findlay, Q .C., a CBABC Past President and mover of the resolution.

Hnatyshyn Award Nominations Sought

From left: CBABC President Michael Woodward; National First Vice-President Brian Tabor; and CBABC Vice-President Marguerite [Meg) Shaw at the National Mid-Winter Meeting.

The Canadian Bar Association is seeking nominations for the 2005 Ramon John Hnatyshyn Award for Law. The deadline for applications is April 30, 2005. Nomination forms are available through www.cba.org/CBA/Awards.

Established by the Governor General in 1993 and

Bank through CBAF and Manulife Bank

entrusted to the Canadian Bar Association, the medal recognizes outstanding contribution to the law or legal scholarship in Canada .

The medal will be presented at the CBA Canadian Legal Conference, August 14-16 in Vancouver.

Past winners from B.C. include Dean Emeritus George F. Curtis, Q.C. and Dr. Albert John McClean.

CBA Financial Services Inc. has negotiated exclusive, reduced monthly fees for CBA members on Manulife One accounts, Canada's first "ail-in-one" account. It's a mortgage, chequing account, and line of credit all rolled into one. The idea is to put your income and savings to work to reduce your total debt and the amount of interest you pay on the money you borrow.

April 2005 BARTALK

7

SECTION TALK

SHELLEY BENTLEY

The CBABC sponsors 73 Sections which play a vital role in keeping members informed both on chang es in the law, a nd legal and political issues affecting a given area of practice . They are the ma in resource utilized by the CBABC in legislative review, law reform initiatives and in responding to matters affecting the profession . What follows is a sample of the recent activities of some Sectio ns.

gram will provide an alternative to ADR-OKANAGAN the "all or nothing" approach of The Honourable Judge Hugh regular proceedings.

Stansfield led a discussion on posThe judge's role at the settlesible alternate dispute resolution ment conference is not to offer his opportunities in provincial court or her opinion on the merits of the in light of the anticipated increase appeal but to act as a mediator. All in the monetary jurisdiction of the issues discussed at the settlement small claims court from $10,000 to are off the record and conference $50,000. The provincial court has information and documentation been asked to consider how it are held separately from the court might be able to cope with an Shelley Bentley practises wills The five judges participating file. increase in cases without an and estates law at Kerr increase in judicial resources. in the program are Madam Justice Redekop Leinburd & Boswell in Vancouver.

Levine, Madam Justice Prowse, Many ideas are being considered: Madam Justice Rowles, Mr. Justice â&#x20AC;˘ an expanded form of sworn pleadings to allow the court to screen cases m Donald and ChiefJustice Finch. Once a judge deteradvance and be equipped to make a summary decimines that the case is appropriate for the program a sion. A plain language interactive computer protelephone conference is scheduled between the judge and counsel to decide what materials will be providgram is currently being used in California to help ed, who should attend and when the conference will litigants prepare their pleadings. be held (hopefully within 30 days of the request). A â&#x20AC;˘ a two-track process: (1) for claims up to $10,000 a case will not be suitable for the program if it involves judge would meet with litigants for about one hour a significant issue of law, is too complex or involves and render a binding decision based on sworn allegations of domestic violence or abuse. If the setpleadings and the discussion under oath at that "summary hearing"; and (2) for claims over tlement conference is successful the parties will sign $10,000 there could be mandatory mediation with a settlement agreement, the terms of which may be non-judicial mediators or a judicial settlement conincluded in a consent order. If it is not successful, the ference and if settlement could not be reached the file will go back on the regular track and the suscourt would direct in a separate pre-trial conferpended time limits will be reinstated. The judge ence what evidence or other procedures would be involved will not hear any matters concerning the case in the future . required in order for a judge to resolve the matter in a one-day hearing.

FREEDOM OF INFORMATION AND PRIVACY LAW David Loukidelis, Information and Privacy FAMILY LAW-VANCOUVER Madam Justice Risa Levine spoke about judicial setCommissioner for B.C., spoke about the report his tlement conferences in family law proceedings at the office issued concerning the U.S. Patriot Act and govCourt of Appeal. A two-year project was begun to ernment outsourcing in B.C. This U.S. federal law, assist parties to resolve appeals at an early stage. The enacted in October 2001, expanded the intelligence process is voluntary and flexible and is based on a gathering and surveillance powers of American law highly successful program in place since 1998 at the enforcement and national security agencies. It increased American authorities' ability to obtain Quebec Court of Appeal. It is hoped that the pro2

8

BARTALK April 2005

1

mends that contractual arrangements and legislation orders from a secret court, the Foreign Intelligence be put in place to ensure that persons subject to U .S. Surveillance Court (FISC) requiring any company court jurisdiction do not have legal or practical conunder U.S. jurisdiction to hand over information in trol over personal information located in B.C. It also its control and imposing stiff penalties on any comrecommends that the federal and provincial governpany that reveals it has been ordered to do so. Mr. ments seek assurance from American authorities that Loukidelis' office began receiving requests for guidthe U .S. will not seek orders for access to personal ance on dealing with the implications of the Patriot information records in B.C. Finally the report recAct in light of the B.C. Government's pursuit of a ommends that the federal and provincial governpolicy of alternative service delivery under which ments should also commission a comprehensive private sector companies perform public services foraudit of interprovincial, national and transnational merly performed in-house. A public consultation information sharing agreements involving public process was begun with the goal of assessing Patriot bodies in B.C. Act privacy implications and recommending practical and effective measures to meet identified risks.

INSURANCE LAW Research conducted by Mr. Loukidelis' office The Safe Streets Act (Bill 71) has been passed and will revealed that the FISC could issue a secret order to a come into force by regulation. The Attorney General person subject to the court's jurisdiction to seize perhas stated that the need for this legislation arose sonal information records located outside the U.S. because of the request by citizens for the government and deliver them to American authorities, all withto respond to the complex problems of mental illness, out the intervention of Canadian authorities. and homelessness and the fear of physical addictions Contrary to the submission of the B.C. Government and verbal confrontation on streets and sidewalks. that the risk of Patriot Act access is "vanishingly Bill 71 makes it an offence for a person to solicit in an small," the report issued by Mr. Loukidelis' office aggressive manner or solicit to a captive audience. It concluded that such a threat is real and requires legis also an offence, unless a person solicits a ride in an islative and other meaningful responses to ensure emergency situation, for a person to walk on a roadprotection of information. way if the roadway has a sidewalk, walk on the right The report did not recommend a ban on outside of the roadway that has no sidewalk and be on a sourcing but did recommend that the Freedom of roadway to solicit a ride, employment or business Information and Protection of Privacy Act, the B.C. from an occupant of a vehicle. BT legislation governing privacy practices of public bodies, be amended to prohibit disclosure of information located in B.C. in response to a foreign court order. There are clear indications that such a law may cause a U .S. court to decline to order production of personal information At the February 18 meeting of the Family Law-Vancouver Section, more because of such foreign laws. In than 70 members heard Professor Rollie Thompson of Dalhousie direct response to this, the B.C. University give a three-hour overview and discussion of the Draft Government enacted Bill 73. Mr. Spousal Support Advisory Guidelines, just a few weeks after its release .

Loukidelis sees this as a good start This seminar gave Section members the opportunity to hear Professor but recommends that it be Thompson discuss the basics of the guide lines, including an overview of strengthened by being clearer and their structure, the two formulas (with or without child support). and providing much stiffer penalties the guidelines' app lication on review and variation. than the maximum $500,000 fine, To join this or any other Section, please contact the B.C. Branch office as well as making it applicable to or visit www.cba .org/bc. existing outsourcing deals.

Further, the report recom -

Dalhousie Professor Speaks to Family Law Section

April 2005 BARTALK

9

PRACTICE TALK

DAVID J . BILINSKY

Alternatives to Going Solo Job search techniques that work...

}, But will the right one ever come along?

Oh, Jim looking for the right one, when will the right one )i come along?

Words and music by Stephen Bishop

the contemplation of any parting of the ways.

So what are those proven search techniques? They all revolve around building a network - of people. Each network is unique but all the people in your pening your own office network share two attributes can be one of the most they know you are ready for a new rewarding and engaging opportunity and they may be able steps in a lawyer's profesto contribute to your search. In David J . Bilinsky is the sional career - provided that the many cases lawyers who have gone Practice Management Advisor decision to go solo was voluntarily solo have tried to find an alternate at the Law Society of B.C. made and was seen as the best of E-mail: daveb@lsbc.org work situation by using their netall the alternatives available to the work - but they gave up out of lawyer following a full and deep desperation and despair. This indicates that there are contemplation of other possibilities. Unfortunately, two items to which the job seeker must give top priin many cases the decision to go solo is thrust upon ority - the first being to continue to systematically the lawyer, often with little notice, scant preparation and methodically build their network notwithstandand a cursory review of alternatives. Other times, the ing the lack of any immediate results, and the second decision to go solo is taken in desperation - seen as a in keeping their spirits up and not giving in to disapway to escape a horrible work situation; which is pointment. Each is equally important and each plays about the equivalent of jumping into the fire to a significant role in any successful job search. ¡ escape the frying pan. In either case the lawyer is facWhat are the techniques to build a successful job ing high cash outlays, the prospect of diminished search network? Here is a selection of the suggesincome for an indefinite time, little or no staff suptions put forward in this regard: port and an uncertain future . While many solos do â&#x20AC;˘ Decide what type of job openings you are looking find that the life of a solo is satisfying and fulfilling, for. By bringing clarity to your job search at the others find that the isolation, the long hours and the outset, you are therefore able to answer the lack of any backup or relief is simply too high a price inevitable question of "What is it that you are seek- and they drop out of the practice oflaw entirely. ing?" By being too broad you run the risk of But is solo practice the only alternative? appearing to lack any direction or insight into your Certainly even in the worst associate situations there career or into your strengths and weaknesses. usually are warning signs that all is not well before a â&#x20AC;˘ Make an initial list of 40 people. These people decision to part and go separate ways is made - that should have at least one of the following qualities: would provide an associate with time to start explor1. They can tell you about job openings that may ing other work alternatives rather than being forced interest you; into opening a solo office. Furthermore, there are 2. They can put in a good word for you by being a proven job search techniques that may allow the reference; associate to find a more suitable position well before 3. They can give you insights into potential job

0

2

10

BARTALK April 2005

•

•

•

•

•

•

•

openings - and provide you with intelligence that helps you decide if the opening is worth pursuing; and 4. They can help you remain upbeat and positive.

Mine your existing contacts. Consider adding people to your network who will not jeopardize your current job situation and who would be high-quality contacts. These people could come from past job situations or from your current job. They could be people that you used to work with in your current job but who themselves have left for an alternate career. Your existing professional and volunteer associations are excellent sources for contacts, as these individuals are already familiar with you and your volunteer activities and can put in a good word for you.

Write to 10 people on your list each and every week. Enclose your resume with a covering letter that explains what you are looking for (see above) and expresses the hope that they can identify potential openings or other people you should contact. Note that you are not asking them if they have any openings at this time - chances are they don't.

What you are doing is much more valuable - you are asking them to provide information to you that could result in a lead on a live job opening. Follow up the letter with a telephone call inviting them to coffee.

During the in-person meeting, ask them to identify three people that you should contact to discuss your job search. Ask if you may use their name in making the contact.

Repeat the cycle with the new contacts by sending them a letter and your resume. At the end of the first month you should have made contact with 120 new people in addition to your initial 40. Most, if not all, of these people would have been unaware that you were looking for a new job opening.

While working on your new contacts, periodically go back through your existing contacts and briefly communicate with them and remind them that you are still looking.

Certainly make use of professional job search agencies - but do not depend on them to find your next career. Treat them as adjuncts to your own job search efforts.

Follow up on all advertised positions - but be

aware that many others are also doing the same.

• An oft-cited statistic is that only 15 per cent of the existing job openings are posted. Your objective in building and nurturing your job search network is to unearth one of the 85 per cent of jobs that never make it to the marketing stage.

• When you do find your dream career, write to your contacts and thank them for the efforts that they have made on your behalf. After all, they might just come in handy in the future.

Solo lawyers have a long and honourable tradition in the history of the practice of law. However, it may be preferable to start taking systematic and disciplined action now to locate a better job situation rather than waiting for the right one to come along and then finding yourself being forced to be part of history. BT

The views expressed herein are strictly those of the author and may not be shared by the author's employer.

CBA Practicelink: Ask a Marketing Expert New on Practicelink, Susan Van Dyke, a legal marketing expert and freque nt BarTalk guest columnist, shows readers how to direct their limited marketing resources to achieve the greatest results. While it's tempting to spend money attracting new clients, learn why it's more practical [and effective) to concentrate on getting more work from your current clients. View Susan's article online at www.c ba.org/practicelink.

Also new on CBA Practicelink: • Client Commu nication: Measuring Yo ur Cross-Cultura l Competence • Marketing Matters: Brand ing Your Law Firm • Quick tips on marketing, financial management, client services and more .

April 2005 BARTALK

11

NOTHING OFFICIAL

TONY WILSON

All Sizzle; No Steak PowerPoint and a thousand (bullet) points of light

stand the presentation, but to read speak a lot, and not just on the phone. I do presentations on the bullet points, which in turn, Franchise Law, and I also give are being read by the presenter. speeches on why your clients Conclusion? We can all read. That need trademarks. I volunteer to is, when we're not distracted by present at trade shows. I give the effects dancing on the screen. papers at legal conventions and PowerPoint reminds me a bit CLE courses. It's all part of what of "Planet Hollywood" (thankfulthey don't teach you in law school ly now Hasta la Vista m or PLTC. It's called marketing.

Vancouver), where you couldn't But if your marketing involves hold a conversation about how bad Tony Wilson is a Franchise and making presentations, as mme the food was without your eyes Intellectual Property lawyer at does, you will know that being subconsciously pulled to the Boughton. He's written for the I PowerPoint presentations have restaurant's obnoxious television Globe and Mail, the Vancouver become the staple of any speech, screens. The TVs mercilessly (and Sun, and Macleans magazine. and the sizzle with any steak. endlessly) showed the Governor of E-mail: twilson@boughton.ca PowerPoint is so endemic these California firing grenades, days that failure to use it suggests, bazookas and machine guns at an odd assortment of in no particular order: robots, bad guys and other voters. PowerPoint disa) You don't know how to use a computer. tracts the audience in much the same way; death by a b) You don't have a computer. thousand bullet points, you could say (and I'm not c) You don't have enough money for milk. the first) . Forget that the subject is more complicated d) You cut your own hair. than it seems; never mind that she's a boring speaker There is an opposing view on PowerPoint. A - let's read along with everyone else in the room and few months ago, BBC Radio 4 (isn't Internet radio when we're tired of doing that, we'll look at those wonderful?) aired a program that took this position: twirling Euros next to the words!

PowerPoint dumbs-down presentations to the point To illustrate the limitations of PowerPoint, the where all you get is sizzle, and no steak. Essentially, BBC program invited listeners to imagine the PowerPoint turns all presentations into sales pitches, Gettysburg Address, Winston Churchill's "we shall and all complicated concepts into movie trailers. fight them on the beaches" speech and other memoInformation becomes info-tainment. It has assimilatrable speeches delivered as PowerPoint presentaed us, Borg-like, into a pixilated world where resisttions. Could Churchill have rallied a war-torn nation ance to PowerPoint is futile . You have to use it, or using PowerPoint, or might something have been your presentation won't be taken seriously. Those of lost in translation (including, of all things, the war)? us who rely on our voices, sense of timing, and very Because Joe's "I Am Canadian" rant is the only bad jokes to break the ice or make a point are left in great and memorable speech we have in Canada, and a dark hail of bullet points when we fail to bring our in celebration of Molson's pending amalgamation laptops. Shamefully, we cut our own hair, too. with Coors, I think I can do Joe's rant in Power Point!

With PowerPoint's Spielberg-esque special In one slide. Watch: "I-WAS-CANADIAN." BT effects, the audience struggles not so much to under-

I

12

BARTALK April2005

PATRIC IA J ORDAN

ON THE WEB

Practice Resources Online access to services, tools and resources

resolve disputes that are not reportable Law Society matters.

he Practice Resources area of the site contains a wealth of information for CBABC members. Here is a brief introduction to some of the resources accessible online.

T

CBABC SECTION LISTSERVS Section listservs are available through e-mail and are a conven ient way for CBA members to share information. To join, please e-mail webmaster@bccba.org.

PRACTICE ADVISORY PANELS Practice Advisory Panels are listings of senior practitioners who INFORMATION KITS AND volunteer to assist other lawyers STANDARD FORMS Patricia Jordan is the CBABC seeking advice on a particular Real estate standard forms (conManager, Interactive Media . aspect of the law, in order to best tract of purchase and sale and She welcomes your comments, serve their clients. There is no standard undertakings) are in this questions and suggestions. expectation of referral, nor any Tel: 604- 646-7861 area. Along with these forms is a monetary compensation involved.

E-mail: pjordan@bccba .org growing online collection of inforThe Advisory Panel member has mation kits including work-life usually practised for more than 10 balance, client care, lawyers for lityears, and is generally experienced enough in his/her eracy and media tips. V ALA surveys and the particular area of law as to be capable of making a CBNCICA joint policy statement on audit enquiry CLE presentation on the subject. and response are also found here.

PRACTICELINK PracticeLink is a national award-winning online collection of practical articles, tools, and tips on law practice management. Areas of interest include balancing work and life, client services, marketing tips, money and finances, starting out, technology and your practice, trends and ideas, and working with people. Recent articles include: • Plain Language Legal Writing: Part II- Writing to Be Understood • Secrets Revealed: 95 Tips on Becoming a Better Lawyer • Marketing Matters: Branding Your Law Firm MEMBER DISPUTE RESOLUTION SERVICE If you have a conflict with another lawyer or staff, and you want outside help to resolve it, try the C BA Member Dispute Resolution Service. Lawyer volunteers are available on a confidential basis to help

PROFESSIONAL DEVELOPMENT G ain insight and keep up to date through the programs of CBA national and the CLE Society of B.C. LEGAL CAREERS If you're looking to hire or be hired, be sure to bookmark this page! It has job and volunteer listings, including BarTalk classified ads. Headhunt.com, the website of the Counsel Network (a CBA preferred supplier), is also linked and offers free resume and job posting services to CBA members.

B.C. LEGAL COMMUNITY This area contains notices from government and the Supreme and Provincial Courts of B.C ., and maps for B.C. land title districts, court bailiff areas and court locations. You'll also find BarTalk ads for job postings, legal services, practices for sale, and more.

BT April 2005 BARTALK

13

LEGISLATIVE UPDATE

STUART RENNIE

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

CURR ENT FROM JANUARY 1 to MARCH 1, 2005 Legislative Update is provided as part of the CBABC legislation and law reform program. It is a service funded by CBA membership fees, and is t herefore provided as a benefit of CBA membe rsh ip. The full version of Leg islative Update is now published online, ava ilable to CBA members exclusively at www.cba .org/bc.

ACTS IN FORCE CORRECTION ACT, S.B.C. 2004, C. 46 !BILL 44)

SAFE STREETS ACT, S.B.C. 2004, C. 75 !BILL 71) Act is in force January 27, 2005.

TRESPASS AMENDMENT ACT,2004,S.B.C.2004,C. 73 !BILL 72) Stuart Rennie B.C. Branch Leg islation & Law Reform Officer Tel: 604-949-1490 E-mail: srennie@bccba.org

Section 143 is in force February 11,2005. Sections 21, 103, 106 and 120 (d) are repealed February 11, 2005.

FOREST STATUTES AMENDMENT ACT, 2004, S.B.C. 2004, C. 36 !BILL 33) The preamble, the definition of "designated forest official" in section 1(1) and sections 143.1 , 159 and 171 of the Forest Practices 14

BARTALK April2005

VANCOUVER TOURISM LEVY ENABLING ACT, S.B.C. 2004, C. 29 !B ILL 14) Act is in force January 27, 2005.

Code of British Columbia Act are all repealed March 31, 2005.

Sections 1 to 35, 37 to 39, 42 and 43(c) are in force April18, 2005.

FINANCIAL INSTITUTIONS STATUTES AMENDMENT ACT,2004,S.B.C. 2004,C.48 !BILL 39)

Act is in force January 27, 2005.

WILDFIRE ACT, S.B.C. 2004, C. 31 !BILL 25) JUSTICE MODERNIZATION STATUTES AMENDMENT ACT,2004,S.B.C. 2004,C.65 !BILL 64) Section 6 is in force February 25, 2005.

LAND TITLE AND SURVEY AUTHORITY ACT, S.B.C. 2004, C. 66 !BILL 68) Sections 19(l)(b) and (d) to (f) and (2), 20, 34 (1) to (3), 46 to 82, 84 to 125, 127 to 137, 139, 140 and 142 to 170 are in force January 20, 2005.

Act is in force March 31,2005.

BT

Lawyer Referral Service Increases Consultation Fee Effective January 1, 2005 lawyers registered with the Lawyer Referral Service (LRS) charge $25 (plus tax) for the initial half-hour consultation.

For more information call Lorna O"Grady at 604-646-7858 or toll-free 1-888-687-3404, ext. 309.

COUN SEL NETWO RK

FEATURE

Big City, Big Deals?

To some, it's big city, no big deal. ..

s a recruiter, I meet them ENHANCED STANDARD OF everyday - lawyers willLIVING ing to leave the "big Smaller communities offer smoke" for the joys, enhanced living standards: com lifestyle and challenges of practispensation is solid, commuting is ing in the smaller cities, towns and inexpensive, activities cos t less, communities of B.C. To many, the and there is often greater access to "big deal" has become "no big key services (such as health care). deal."

But why?

What has Work - related stress is usually changed? Is it the fact that 1,700 + lower. And don't forget housing billable hours is incompatible with prices! While B.C. is expensive Warren Smith, a former a "balanced" career and life? Or is generally, outside of Vancouver practis ing lawyer, is a it something more?

Recruitment Consu ltant with the idea of owning or building What drives some lawyers to The Counsel Network . your "dream house" is not just a Tel: 604-643-1711 leave the big city career track for dream .

E-mail: wsmith@headhunt.com the smaller communities? From BIGGER FISH, SMALLER POND my experience, there are four Fewer lawyers (and a more collegial bar) mean main reasons lawyers cite when making a career greater opportunity to assume a leadership role, not change towards practising in a smaller commun ity. just professionally but in the community. For aspirQUALITY OF LIFE ing leaders, there is tremendous opportunity to shape On a day to day basis, it's the little things that count and develop your community in a real and measura- family, kids, golf, hockey, housing, vacation, comble way. This increases both personal and professionmunity events, social organizations - and the time to al satisfaction, and creates endu ring, long-term relaenjoy them all! Imagine, "instead of the 45 minute tionships. road rage session you are used to, your commute is Of course, practising in smaller communities now a leisurely 15 minute drive. Oh, let's be honest, means certain trade-offs. Some lawyers miss those on many days you can walk! large corporate financings, the quality of training, the depth of expertise in specialized areas, the extenLONG-TERM CLIENT RELATIONSHIPS sive resources and the larger team. This is why many No longer just a voice on the phone, clients in smalllawyers perhaps wait until they have five or more er communities often become friends, play in the years to make the move. They will tend to pursue same hockey league, send their kids to the same more "balance" in their career once they feel they school. The net result is a truly loyal client; one with have a solid base of high level training and experiwhom you develop a tight bond. As one lawyer ence. explains, "practising in a smaller community makes At the end of the day, it all depends on the kind me feel like I'm actually a lawyer, giving advice to of a life, and career, you're looking for. For some, the real people and making a real difference in their big money, big city, big work lifestyle is where it's at. lives."

But for others, the benefits of smaller town living and practice are huge and the trade offs are small. BT

A

April 2005 BARTALK

15

FEATURE

B.C. Voices Island and Interior lawyers consider the practice of law

LINDA LOCKE Hazelton

What do you like best about practising law in your area?

What do you find challenging about practising law in your area?

Tight legal community

There 's a lack of lawyers who accept legal aid files , particu larly relating to family law (Note: I'm the local Agent for Legal Services).

Variety of legal issues to address in court and out of court Collegiality of local lawyers and willingness to discuss the law and related options

SARAH BOWES Kelowna

We have a small, supportive bar.

Lack of access to continuing legal education High cost of attending workshops held in Vancouver

A Closer Look I practised for 11 years in Vancouver before I moved to Kelowna in 1997. I have practised full time in Kelowna since July 1997. What I like the most about practising in Kelowna is the courtesy and collegiality of the bar. The difference was remarkable . It is not uncommon to fight a worthy battle in court with opposing counsel and then go for coffee or lunch together after. It is rare to have a reasonable request for an adjournment refused and if so it is done with apologies . The Section meetings are well-attended by the same people every month and the meetings become a social event as well as a learning opportunity.

Barbara Young

The challenge I have noticed is that it takes a greater time commitment to stay connected with Sections and committees and to attend meetings and courses. I spend full days traveling rather than an hour or two to get to courses and meetings or I attend more meetings by phone. Some legal research material is not readily available as our access to periodicals is very limited . Some Section events are only held in Vancouver but by using telephone conferencing , I have managed to stay connected with my favourite Sections.

Barbara Young, Kelowna

16

BARTALK April 2005

WENDY KAVANAGH Kelowna

CORI MCGUIRE Kelowna

PETER WARNER, Q.C. Prince George

Like best...

Find challenging ...

The relaxed pace, the small bar and its friendly nature. In short, lifestyle.

The travel required on poor roads in the winter

Work-Life balance : The natural beauty of the lake and valley offer a con stant reminder that there is more to life than law work , including family, friends, re creation , and time to be still and reflect on your purpose. I als o like the teamwork and respect between lawyers in the Okanagan .

Continuing education normally involves the time, expense and inconvenience of trave lling to Vancouver. The trip is a challenge but always rewarding if planned a few times a year.

The best features of solicitors' practice in the Prince George/ North Central B.C. regions are :

The challenges of practice here would include :

• The broad and diverse range of commercial work available; • The hard-working , innovative a nd friendly client base; and • The City offers a full range of services, but the region is a frontier of opportun ities in business, sports and social activities.

SARAH KLINGER Victoria

.\.

STEPHANIE SIEBER Victoria

I can walk to work, the bar is very collegial and I will invari ably run into someone I know when I'm up at court. In addition the pace seems more relaxed than in larger centres.

It's easier to balance work/life/ family.

• Dealing with long distances and winter weather [if you do not have an outdoor winter sport it is a long haul); and • It is difficult to confine your practice to a specialty, many solicitors' practices are a "mile wide and a foot deep".

There is a high ratio of lawyers, which means competition can be high, for personal injury files for example .

The difficulty of getting off the island in inclement weather can make court appearances in Vancouver very difficult.

It's harder to specialize.

April 2005 BARTALK

17

GUEST

THE HON . CHIEF JUDGE CAROL BAIRD ELLAN

A Point in the Judicial Direction The process for appointment to the Provincial Court

the CBA Advisory Committee to he Provincial Court averthe Council. If one is requested, ages seven appointments that committee's chair assigns the per year. Applications for appointment are received report to a committee member and assessed by the Judicial who then contacts bar members Council of B.C. (the "Council"). for a confidential assessment of the candidate's reputation and suitThe application process may take up to a year, so interested parability. Those contacted may be the candidates' references, but ties are encouraged to apply early.

The Provincial Court has jurisdicmay also be members who are not tion in criminal, family and youth, named on the application. A CBA The Honourable Carol Baird and small claims matters. Lawyers report summarizing the members' Ellan, Chief Judge of the with 10 years at the bar (or equivviews (without attribution) is proProvincial Court of B.C. alent legal experience) whether as vided to the Council. The Council also receives a Law Society report counsel or solicitors are welcome to apply. The Council encourages applicants from all on the applicant's standing, and comments from judges of all courts who are familiar with the applidiversity groups.

The Council is a statutory body of nine members cant. as set out in section 21 of the Provincial Court Act, The Council reviews the application form, the chaired by the Chief Judge. The Council has estabbar report, the Law Society report and the judges' lished a set of criteria to assess applicants which comments with reference to the above criteria, and includes: legal reputation; knowledge of provincial decides whether the applicant will be invited for an court law and procedure; experience in mediation or interview. It is the policy of the Council not to advise alternate dispute resolution; willingness to learn and candidates when they are not approved for an interdemonstrated commitment to continuing professionview. Generally if a year has elapsed from the date al education; knowledge of current issues in the justhe application was submitted, an applicant may tice system; effective listening and communication assume they will not be interviewed. skills; decisiveness; evenness; fairness; open-mindedFour or five applicants are interviewed at each ness; compassion; humility; common sense; enthusimonthly meeting of the Council. At the interview, asm; dedication to public service; appreciation of and the Council members ask the applicant questions experience with diversity; ability to co-operate and designed to assess his or her suitability. After the work with others; and understanding of the role of interview the Council members decide whether to the court in society. approve the candidate. Approved candidates are Application forms and more information about entered onto an approved candidates list. When a the appointment process may be obtained from the judicial vacancy arises, the Chief Judge provides to website (www.provincialcourt.bc.ca/judicialcouncil) the Attorney General the names of approved candior from the Office of the ChiefJudge. Once the comdates within the preceding three years who are eligipleted application is received at the Office of the ble to sit in the location where the appointment will Chief Judge, the Council reviews the application to be made. Candidates not appointed within three decide whether a bar report will be requested from years of their application may reapply. BT

T

18

BARTALK April2005

THE HON . GEOFF PLANT

GUEST

Court Services Online

ourt Services Online Access to B.C . Court of Appeal e-search was officially information will include both civil launched in February in and criminal appeals.

Vancouver. It's an innoAnother feature under develvative project that allows searches opment will allow Court Service of civil court proceedings filed in Online users to make an electronic any B.C. Supreme Court or request for documents from the Provincial Court registry over the list of documents on the CSO Internet. It was developed to mod e-search page. They will also have ernize the court system and signifthe option of receiving the copy of icantly improve access to court the document by fax or regular The Han . Geoff Plant registries and court records for mail.

Attorney General of B.C. lawyers, registry agents, and litiIn 2006, Court Services gants by allowing them access to Online will introduce electronic information on a 24/7 basis. filing, which will allow for the electronic submission Before e-search, lawyers and all other British of civil court documents to any court registry in the Columbians living and working in rural and urban province. E-filing will be available for civil matters in centres in British Columbia had to drive to a court the Provincial Court, Supreme Court, and for house or leave their offices to get information. There appeals in the B.C. Court of Appeal. When the e-filwas no ability to do province-wide searches, so peoing capability is underway, CSO users will be able to ple had to physically attend the specific registry access and download court documents that have been where the file was located. submitted electronically, subject to judicial policy on The old system is still available, but for a fee of access. $6 per transaction, users can now access information about a court file entered "The e-search application ... is one of by court registry staff, including details about the nature of the claim or pro- 路 the first steps we are taking in B.C. to ceeding; the parties; documents filed; modernize the way day-to-day business hearings; and results online. The standard restrictions to information access in the courts system is conducted in our still apply in cases involving family mathigh-tech world." ters, or any files subject to a judicial order restricting access.

The e-search application of Court Increased access to court records information via Services Online is one of the first steps we are taking the Internet means that anyone in the province or the in B.C. to modernize the way day-to-day business in world can now search 24 hours a day, seven days a the courts system is conducted in our high-tech week. This new tool is just one of many that we are world. Future enhancements planned this year using to make the justice system in B.C. more include providing access to court lists for Supreme responsive and reflect the needs of its citizens, legal Court chambers and for small claims proceedings. community and the judiciary. BT

C

April 2005 BARTALK

19

EVENTS

Cariboo Bar Plans AGM The Cariboo Bar Association may just trump their last AGM (skiing in Wells) with this year's May 12-15 sojourn at the renowned Hills Health Ranch at 108 Mile Ranch.

The AGM will begin with the traditional meet and greet on Thursday evening followed by seminars on Friday. Saturday is a fun day- golf, massages, and facials, anyone? The AGM will come to a close on Sunday at breakfast when bar members will select their new executive and the location for the next meeting.

The confirmed guest speakers are Law Society President Ralston Alexander, Q.C., CBABC Executive Director Frank Kraemer, and N ick Weiser, ofFulton & Company, who will speak on lawyers acting as real estate agents. Connie Sauter and Heidi Zetzsche will give a review of courses they have attended in the past year, primarily focusing on family law.

Anyone planning to attend the AGM is asked to call Heidi Zetzsche at 250-395-1071 to confirm their willingness to provide a brief overview of a course they attended in the past year.

Hoop law 2005

Battle of the Bar Bands Returns!

Mark your calendars for Friday, June 10 when the fourth annual Battle of the Bar Bands returns to the Commodore Ballroom! Following last year"s sellout event, expectations for this year's event are high. Eight bands representing the best of B.C.'s rocking lawyers will compete for the ZSA Cup, the Lexpert Cup and for bragging rights as the best bar band in the land .

Please see the ZSA inserts in this issue for a ticket order form for this event.

Musicians, please note that bands wishing to enter this event should call Jennie Wilson at 604-682-7474 [or e-mail jenniferw@singleton.com] to obtain competition rules and entry requirements .

When the final whistle blew at HoopLaw 2005 on March 5 at SFU, it was clear that the one-day event held by the HoopLaw Society (a non-profit organization comprised of Vancouver lawyers) had been a resounding success. Established in 1995/96, the HoopLaw Charitable Basketball Tournament is held annually by the Vancouver legal community and UBC law students, and this year raised a recordbreaking $37,000.

In exciting hardwood action, Borden Ladner Gervais prevailed over Fraser Milner Casgrain to emerge as the Recreational Division Champions and UBC Law defended their title as Competitive Division champs, beating out Lawson Lundell. Of Mr. Fancy Education, Lawson Lundell's band, rocks course, the real winners at HoopLaw 2005 were the Commodore Ballroom at last year's Battle of the charities to whom the proceeds will be donated: the the Bar Bands.

Kenneth Gordon School, which is a specialized school for children with dyslexia and other specific learning disabilities; and the Western Canadian Pediatric AIDS Society, an organization committed to helping children living with or affected by HIV/AIDS. The HoopLaw Society thanks the players, sponsors and volunteers who made this year's tournament the best ever for both the legal community and the children.

20

BARTALK April 2005

Law Week Events Kamloops: Thursday, April 14

W

E E K

The Kamloops Bar Association is assisting with a local revival of Law Day. An open house at the Courthouse is planned from 6:00 to 8:00p.m. with a mock trial , tours, scavenger hunt, a "Meet a Judge" session, and information booths by numerous community agencies. The RCMP dog and ident team, always a crowd favourite, are also expected. Contact: Rachel Lammers (rlammers@morellichertkow.com)

Victoria: Saturday, April 16 Victoria will host Law Day activities at the Courthouse. Law Day in Victoria will be jointly sponsored by the CBABC and the Victoria Bar Association, and activities will include public tours, displays by justice related organizations, and a mock trial of Sneezy the Wolf for mischief and break & enter against the houses of the Three Little Pigs. At the same time, Glenlyon Norfolk School will hold its provincial mock trial competition.

Contact: Sarah Klinger, 250-385-4311 (sklinger@waddellraponi.com)

Comox Valley: Saturday, April 16 Law Day plans include an open house at the Courthouse with a mock trial, information seminars, cell tours and entries displayed for the high school poster competition. Contact: Bonnie Day, 250-334-4461

Cowichan Valley: Wednesday, April 27 The Cowichan Valley Bar Association will hold an open house and legal seminars at the Duncan Law Courts. Contact: Rowan Davison, 250-7465899

Dial-A-Lawyer: Saturday, April 30 The CBA will hold its ""Dial-ALawyer" program on April 30 from 10:00 a.m. to 2:00p.m.

During that time, members of the public can call in to speak with a lawyer about a legal problem [15 minute maximum).

Dial-A-Lawyer Numbers

Nanaimo City: Thursday, April 28

604-687-3221 1-800-663-1919

The Nanaimo Bar Association will hold two mock trials for elementary school students. Contact: Sandra Dick, 250-753-2202

Vancouver: Saturday, April 30

To volunteer in Vancouver, please

The CBA will host an open house at UBC Robson Square (800 Robson call 604-646-7854.

Street) between 10:00 a.m. and 2:00p.m. There will be a mock trial and displays by justice-related organizations. Speakers step up to the podium at midday. New this year are four People's Law School classes: Child and Spouse Support; Wills and Estates; Custody, Guardianship & Access; and Employment Standards. Members of the public who wish to participate in a class are asked to complete a registration form (posted at www.cba.org/bc, under Public & Media). Contact: CBABC, 604-687-3404, ext. 313

Prince George: May or June The Prince George Law Week Committee is planning an open house in late May or June at the Courthouse with a mock trial, tours by the Sheriffs, displays and presentations. Contact: Susan Grattan, 250-564-9717

April 2005 BARTALK

21

EVENTS

VBA/CBA Golf Tournament Register to enjoy a day of golf, dinner, and prizes at the ninth annual Canadian Bar AssociationNancouver Bar Association Golf Tournament. This hugely popular event will be held at the University Golf Course near UBC on Thursday, June 23.

Event proceeds fund an annual award for both a UBC and a UVic student who best exemplify the ideals served by the CBA. See the related insert in this issue and register before May 1st to secure the early bird rate ($140).

New Westminster/ Fraser Valley Bar Golf Tournament Members of the bar, members of the judiciary, court reporters and their friends are invited to participate in this annual tournament to be held on Thursday, July 7 at the Guildford Golf Course in Surrey. Tee times start at 11:00 a.m. Texas Scramble is optional. There will be an evening barbecue dinner. Partial proceeds will be donated to the CBA Lawyers Benevolent Fund.

For details, call Rick Molstad at 604-526-1821.

Unrepresented Litigants Self-Help Centre On April 18, the Supreme Court Self-Help Information Centre (.. the Centre""). one year pilot project will open . The Ce ntre will provide legal information, education and referral services to unrepresented litigants who are involved in civil actions [including family) in the Vancouver location of the Supreme Cou rt of B.C. The Centre, located at Room 274, 800 Hornby Street, is available for walk-in clients from 9:00 a .m. - 12:00 p.m. and 1:30 4:00 p.m. This project is funded by the Law Foundation of B.C., the Vancouver Foundation, the Ministry of the Attorney General, and the Department of Justice Canada.

For more information on the Centre, visit www.supreme cou rtselfhe lp .bc.ca.

April May I...

"'c:

April14

Kamloops Law Day Open House (Courthouse, Kamloops)

April16

Victoria Law Day Open House (Courthouse, Victoria)

"' co "'

April16

Comox Valley Law Day Open House (Courthouse, Courtenay)

April17-19

CCCA National Spring Conference (Toronto)

April27

Cowichan Valley Law Day Open House (Courthouse, Duncan)

April28

NAWL

u

April28

Nanaimo City Bar Association Mock Trials

"' co

April30

Dial-A-Lawyer, CBA Law Week Open House (UBC Robson Square, Vancouver)

May 10

New Westminster Bar Association Meeting (Westminster Club, 5:30p.m.)

May 12-15

Cariboo Bar Association AGM (Hills Health Ranch, 108 Mile Ranch)

May 13

Executive Committee Meeting (CBABC Boardroom)

"C

Q) ......

(.)

L..

~ ~

c:

I...

22

BARTALK April 2005

&

West Coast LEAF National Conference (Hilton Metrotown, Burnaby)

Canadian Legal Conference: Volunteers Needed Many volunteers are needed for this event, which comes to B.C. in August. For information on the benefits of sponsorship, please call Kerry-Lynne Findlay at 604-609-3066 (kfindlay@wgmlaw.com).

If you are available to help for a few hours or so, please contact Miranda Lam (mlam@davis.ca; 604-687-9444). In particular, volunteers are needed for: AT-HOME DINNERS- Host lawyers and spouses in your home for dinner and socializing on Saturday, August 13. This is one of the highlight events of the conference, so don't miss your chance to participate!

Call Barbara Sage at 604-244-9433 (barb.sage@ shaw.ca) for more information or to volunteer.

LAW FIRM RECEPTIONS occur on Monday, August 15, in the afternoon. Perhaps your firm could sponsor a reception at the Art Gallery or the Terminal City Club? Call Ming Song at 604-899-0224 (mingsong@n ovuscom.net) for more information or to volunteer.

Comox Valley & Campbell River Summer Barbecue The neighbouring bar associations of Comox Valley and Campbell River have already begun planning an August barbecue. This family event will include a baseball match between the bar associations. BarTalk will keep you posted .

Notice from B.C.'s Law Schools Consider taking an articling student this year Have you ever considered bringing an articled student into your firm? If so, now might be the time. A number of high calibre third-year law students are still seeking 2005-2006 articling positions. The UBC and UVic Career Services offices are ready to assist lawyers who can offer articling positions by answering questions, posting positions and advertising to students.

For a law student, articling is a critical stage of legal training, and a mandatory step on the path to call and admission. Students are eager to put their skills to work and to experience the practice of law under expert gu idance. Articles offer that opportunity.

Students can perform useful and billable work that benefits a firm or legal department. For a lawyer who serves as principal to a student, that assistance is valuable. But principals can also draw satisfaction from the important contribution they make. Principals help develop their students into good lawyers through guidance, training and mentorship. This benefits not only those students, but the profession as a whole.

To become a principal, you must be a practising lawyer in good standing with the Law Society with seven years of practice experience. For more on the qualifications of principals and the articling relationship, please see Law Society Rules 2-27 through 2-46. See also the current articling agreement and checklist, found under ""Licensing & Membership"" at www.lawsociety.bc.ca. If you are not certain if you qualify as a principal, please contact Lesley Small, Manager, Credentials & Licensing at the Law Society of B.C. at 604 669-2533 or lsmall@lsbc.org.

UNIVERSITY OF BRITISH COLUMBIA

UNIVERSITY OF VICTORIA

Faculty of Law Career Services and Alumni Relations Judy Pozsgay, Co -Director Nadia Myerthall, Co-Director E-mail: pozsgay@law.ubc.ca or myerthall@law.ubc .ca Tel: 604-822-6350 (Judy] or 604-827-5052 [Nadia] Fax: 604-822-9486

Jennifer Moroskat, Career Development Officer E-mail: moroskat@uvic.ca Tel: 250-472-4719 Fax: 250-721-6390 Website: http://cdo.law.uvic.ca [Employers can post positions directly on this site.]

April 2005 BARTALK

23

BAR MOVES I BRAVO

Bar Moves " 71 Have you recently changed firms or opened a new firm? Send submissions [maximum 25 wordsl to Bar Moves at cba@bccba.org.

PETER BURNS, Q.C., former Dean of Law at the University of British Columbia, has been appointed Fairness Commissioner by ICBC's Board of Directors.

KEITH W. DARVELL has joined Edwards Kenny & Bray LLP in Vancouver as an associate, where he will continue his practice as a solicitor.

ANDREW D. GAY has become a partner at Gudmundseth Mickelson; he joined the firm as an associate in 1998.

KITTY HELLER is now working as a sole practitioner specializing in executive employment agreements, harassment investigations, human rights matters, and mediations relating to employment issues.

With Gratitude ...

CHRISTOPHER LEMON, formerly Associate Counsel with Weldwood of Canada Limited has joined International Forest Products Limited as Corporate Counsel.

JODY MCCORMACK has left Cassels Brock & Blackwell LLP in Toronto to join Morelli Chertkow in Kamloops, where she will practise civil litigation.

MICHAEL R. SHAPRAY is pleased to announce that he will continue his criminal law practice at Stern & Albert in Surrey. Mr. Shapray's practice will focus exclusively in the areas of criminal and regulatory law.

Congratulations to Debra Van Ginkel, who will receive the Lawyers Assistance Program "Lawyer Helping Lawyer Award.'" The award will be presented at this year's Gratitude Luncheon on June 17 at the Law Courts Inn in Vancouver. For lunch tickets, please call 604-685-2171 [e-mail info@lapbc.coml.

LAURA SPITZ, formerly of Miller Thomson LLP, has joined the faculty of the University of Colorado School of Law, where she will teach contracts, bankruptcy, Ken Sarnecki Fund international business transacKen Sarnecki, Q.C., a former CBABC member, Executive Committee memtions and commercial law. ber, and long-time Provincial Council member passed away in Kelowna on 30, 2004. As a lasting memory to Ken, his friends and family are December McCarthy Tetrault LLP IS establishing a memorial fund through the Central Okanagan Foundation. pleased to announce that on Funds received will be eligible for a tax receipt and interest earned on funds March 1, 2005, ROSEMARIE will be used to benefit those activities and associations which were close to WERTSCHEK, Q.C., rejoined Ken's heart. At this point, it is anticipated that funds will be used to assist the firm as a partner and will junior golf development and bursaries and scholarships. For those wishing continue her practice in the to contribute, please make cheques payable to the Central Okanagan area of Tax. Foundation noting on the cheque that the funds are for the Ken Sarnecki, Q.C . Memorial Fund. Cheques can be mailed to: Central Okanagan Foundation, 217-1889 Springfield Road, Kelowna, B.C. V1V 5V5.

24

BARTALK April 2005

MEMBER SERVICES

Planning a Train Trip?

Thanks to a special offer from VIA, CBA members can experience a better way to travel by signing up for a free VIA 1 upgrade coupon. Until April 30, 2005, members can purchase a Comfort Class Liberty fare ticket and use the coupon for a free upgrade to VIA 1. To obtain your free upgrade coupon, visit www.viarail.ca/cba .

Wireless Fidelity Internet

Canadians Baseball Are you looking for a fun, fam ily-oriented event to thank your cl ients or staff this summer? The Vancouver Canadians give you the perfect solution with Group Packages and Corporate Barbecues. For more information call Jeff Dye at 604-872-5232.

CBABC ticket prices are comSESAME NETWORKS- WI-FIINTERNET ACCESS ing I The June issue of Bar Talk The CBA is pleased to announce Sesame Networks as a new Member will contain a Vancouver Services Provider. Sesame Networks provides a secure, traceable, Canadians CBA member offer. instantly available Wireless Fidelity (Wi-Fi) Internet access solution for visiting employees, opposing counsel, clients, suppliers, business partners, auditors, and consultants. The Sesame solution allows you to provide Wi-Fi Internet access for your guests without compromising the security and integrity of the corporate LAN, and without impacting IT resources. Sesame Networks is Now CBABC members can access and pleased to offer a CBA member discount of 50 per compare great negotiated hotel rates cent on an upgrade to its premium service. all over B.C. in one For details visit www.sesamenetworks.com/cba. easy stop at www.cba.org/bc.

With the Branch's newest member service, On Stage Savings MeetingMax, you can view comprehensive lists of all OPERA room rates, amenities, CBABC members receive 20 per cent off Vancouver and photos, at every Opera tickets during the 2005 season. To claim your hotel at which the CBABC member discount call 604-683 -0222.

CBABC receives exclusive savings! Go online Please have your CBA 10 number handy when you to check it out- by mid-April we expect to be call. able to book hotels in all major centres in B.C.

B.C. Hotels Online

*

The Queen Elizabeth Theatre in Vancouver will show Verdi's "Un Ballo Un Maschero" on April 30 and May 3, 5, and 7.

THEATRE CBABC members receive 20 per cent off of show tickets at Vancouver's Stanley and Arts Club Theatres. Call604-687-1644 to order tickets.

"Shear Madness" plays at the Arts Club Theatre June 2 to July 16. "Miss Saigon " plays at the Stanley Theatre May 19 to July 10. See page 3.

Never be baffled by tech talk again!

Bookmark this online dictionary for computer and Internet technology definit ions .

www.webopedia.com

April 2005 BARTALK

25

CBABC PARTNERS

Van Courthouse Library Extends Hours Effective April 1, the Vancouver Courthouse Library began offering extended reference service hours until 5:30 p.m ., Mondays to Thursdays.

BRITISH COLUMBIA Reference hours COURTHOUSE LIBRARY SociETY on Friday are unchanged, at 8:30 a.m. to 4:30 p .m . The service is The Continuing Legal Education available in person to members of the Law Society of • Society of British Columbia B.C. (due to after hours access restrictions) and by telephone and e-mail to all users.

During the summer, reference hours will return to 8:30a.m. to 4:30p.m. for July and August, during NEW BOOK AND COURSE-FAMILY LAW which time the extended hours will be reviewed . The DESKBOOK B.C. Courthouse Library Society plans to provide CLE's Family Law Deskbook is designed for legal extended reference hours on a regular basis from support staff as a practical step-by-step guide to September to June, based on the usage and demand family law procedure . This comprehensive for service after 4:30 p.m. deskbook includes family law basics and detai led The Vancouver reference number is 604-660guidance on how to conduct a family law file.

2841 or 1-800-665-2570.

Checklists, commentary, and forms and precedents on all aspects of family law practice give staff the context, the .. why"' and .. haw·· to effectively complete their tasks on family law files.

CLE Update

The Hon. Louis LeBel to Speak at French Jurists' Law Day PLEASE NOTE: While all jurists are invited to attend, the presentations at the Association's third annual Law Day, including the Han . Mr. Justice LeBel's talk, will be in French.

26

BARTALK April 2005

L' Association des juristes d'expression franc;:aise de Ia C .-B. est fiere d 'inviter les juristes de Ia province a sa troisieme J ournee de droit annuelle, le 29 avril, de 9 h 30 a 14 h au Law Courts Inn de Vancouver.

A cette occasion, des conferenciers de haut calibre, dont !'honorable J uge Louis LeBel de la Cour supreme du Canada, nous entretiendront sur Le Bijuridisme-La rencontre des deux traditions juridiques au Canada .

L'espace etant limite, veuillez vous inscrire au plus tot a 604629-1217 (info@ajefcb.ca).

This exciting book will be launched on May 12 at CLE's .. Family Law for Legal Support Staff' course.

ONLINE PUBLICATIONS NOW AVAILABLE CLE's first six online practice manuals (below] include links to full-text cases and legislation: • B.C. Company Law Practice Manual; • B.C. Real Estate Practice Manual; • Family Law Sourcebook; • B.C . Family Practice Manual; • B.C. Probate and Estate Administration Practice Manual; and • B.C. Motor Vehicle Accident Claims Practice Manual.

Search text, download forms and precedents right to your desktop, and experience the convenience of online access combined with the excellent quality of CLE's print publications. Course materials are also online.

For more information on any CLE offering, along with current listings of all books and courses, please visit www.cle.bc.ca or call604-893-2121 or 1-800-663-0437.

Grants

Approved The Board of Governors of the Law Foundation of B.C. met on March 12, 2005. Chair Heather Raven is pleased to announce that funding totalling $3,099,230 has been approved for the following 16 continuing programs:

Continuing Programs $50,480

$134,300

BRITISH COLUMBIA CIVIL LIBERTIES ASSOCIATION Operating 2005/2006

$140,300

BRITISH COLUMBIA LAW INSTITUTE Operating 2005/2006

$654,500 COMMUNITY LEGAL ASSISTANCE SOCIETY Operating 2005/2006 $55,000

OF BRITISH COLUMBIA

LAW FOUNDATION GRADUATE FELLOWSHIPS 2005/2006

$233,800

LAW SOCIETY OF BRITISH COLUMBIA Professional Legal Training Course

$105,400

NELSON DISTRICT COMMUNITY RESOURCES SOCIETY Legal Advocacy Program

THE@LAW

FOUNDATION

BATTERED WOMEN'S SUPPORT SERVICES Legal Advocacy Program

$84,600

$262,400

NORTH ISLAND ADVOCACY COALITION SOCIETY Legal Advocacy Program PEOPLE'S LAW SCHOOL Operating 2005/2006

$45,600 SEPARATION AND DIVORCE RESOURCE CENTRE Volunteer and Legal Support Services Program $218,600 TENANTS' RIGHTS ACTION COALITION Legal Advocacy Program $10,300

UNIVERSITY OF SASKATCHEWAN Native Law Centre- Legal Studies Program

$152,550

UNIVERSITY OF VICTORIA, FACULTY OF LAW Law Centre Clinical Program

$133,800 WEST COAST DOMESTIC WORKERS' ASSOCIATION Legal Advocacy Program $705,900 WEST COAST ENVIRONMENTAL LAW ASSOCIATION Operating 2004/2005 and Environmental Dispute Resolution Fund $111,700 WEST COAST LEGAL EDUCATION AND ACTION FUND ASSOCIATION Operating 2004/2005

April 2005 BARTALK

27

CLASSIFIED ADS

APRIL 2005

POSITION AVAILABLE XTENA Lawyer- 10 years prev ious experience in litigation. Knowledgeable in corpora te/real estate law in B.C. Computer literate. Fax: 1-202318-82 18. E-mail: employment@xtena.com

Willing to assist in transition . Terrific clients, gorgeous scenery, a small dynamic cultured city, immediate access to all outdoor activities and a lifestyle second to none. Contact Ken Watson, 2-609 Baker Street, Nelson, B.C., V1L 4]3.

Phone: 250-352-6580; Fax: 250-352-658 1; E-mail ken@nelsonlawyers.com

Staples McDannold Stewart seeks solicitor. 1-5 year call. Please see www.sms.bc.ca for details.

POSITION SOUGHT Seeking 2005 article in civil law. Professional, hard working and a quick learner. Proven involvement in the B.C. community. Excellent references. P: 604-522-8986 (jjwahid@yahoo.ca)

PRACTICE FOR SALE WEST KOOTENAY: Solicitor's practice restricted to business law, commercial real estate, wi lls, estates and trusts. Selective residential real estate only. Senior solicitor retiring.

SERVICES INTELLECTUAL PROPERTY: Let us assist you in providing protection for your clients.

Douglas B. Thompson Law Corporation Registered Patent Agent, Registered Trade Mark Agent. Practise restricted to Intellectual Property. Victoria, B.C. (www.BCpatents.ca) E-mail: doug@BCpatents.ca

FLY FISHING RETREATS, dig. photo workshops. $345 for 3 days. Visit www. wildtrout.ca

Ltd.

Independent Expert Advice

INSERTS (all of BC) CBABC Members/Firms All others Next deadline: May 20 Next mailing: June 10

$450 $750 $810 $1,350

$1,200 $2,400

Practice Restricted To WCB

Serving the accounting and legal professions.

Sec. 257 Determinations, Opinions and Court Applications on referral

~ Business Valuation ~ Transaction Advisory

604-267-3033

~ Litigation Support

Please call Rick Mertens, CBV, CGA Tel: 604-642-6107 Fax: 604-944-3855 500 Park Place, 666 Burrard St, Vancouver, B.C. V6C 3P6 Visit us online at www.mertensvaluation.com.

Amember of the Canadian Institute of Chartered Business Valuators

At COOK ROBERTS we believe in hard work, effective organization and a high degree of professional competence and integrity.

If this describes you and your work ethic, there may be an opportunity for you to join the largest law firm on Vancouver Island, where we have provided quality legal services to our clients in B.C. and across Canada for 35 years.

The ideal candidate will have an ambitious and determined mindset with a developing solicitor's practice in the areas of Wills and Estates.

This candidate will have an established yet modest client base thereby allowing for growth

28

DISPLAY 3" X 2.5" CBABC Members/Firms All others 6" X 2.5" CBABC Members/Firms All others Next deadline: May 13

$25 $40

Direct advertising inquiries to: Sandra Webb, BarTalk Editor Tel: 604-646-7856 or 1-888-687-3404 E-mail: cba@bccba.org

Cheryl Stephens, marketing coach, 604-7390443, www.MentorMuse.com

Mertens Valuation Services

CLASSIFIED (per line) CBABC Members/Firms All others

BARTALK April 2005

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

Vahan A. Ishkanian Barrister & Solicitor Cell604-868-3034 Fax 604-264-6133 vishkanian@pepito.ca

and expansiOn into other areas of a solicitor's practice.

We offer the highest level of technology, experienced legal support staff, and exceptional remuneration and benefits.

~ ROBERTS LAWYERS

7th Floor, 1175 Douglas Street Victoria, BC V8W 2E1 Phone: (250) 385-1411 Fax: (250) 413-3300 Website: www.cookroberts.bc.ca Respond in confidence to: Herb Gascoigne, CFO hgascoigne@cookroberts.bc.ca