BarTalk | April 2009 by The Canadian Bar Association, BC Branch

APRIL 2009

volume 21, number 2

Initiative Seeks REAL Results

n exciting new initiative of the Canadian Bar Association, British Columbia Branch (“CBABC”) is set to increase awareness of the many career opportunities that exist for young lawyers outside of urban areas in the province. The Rural Education and Access to Lawyers (“REAL”) Initiative is designed to encourage law students to gain legal experience in non-urban areas throughout British Columbia, with the expectation that this exposure will lead to the attraction of new lawyers to communities with a population of less than 100,000 and with more than 500 people per lawyer. In the coming months, CBABC will be embarking on a campaign to raise awareness of the resources that are available to law firms, solo practitioners and community and non-profit organizations through the REAL Initiative. These resources, made available through a three-year funding grant from the Law Foundation of British Columbia, include: • Funding for summer student placements in rural and small communities; • Financial and promotional support to assist with the marketing of regions to law students and young lawyers; and • Professional support from the CBABC Regional Legal Careers Officer to assist with the recruitment, hiring and retention of students and young lawyers in rural and small communities. The REAL Initiative was established in response to the current and projected challenges regarding

www.cba.org/bc

access to legal services in rural and small communities. The goals of the initiative include increasing awareness of practice opportunities that exist outside of urban areas, ensuring an adequate number of young lawyers are attracted to rural and small communities to facilitate the transfer of knowledge from retiring practitioners, and ensuring access to legal services for people living outside of urban centres by filling current gaps in access, and preventing additional gaps from occurring due to the projected retirement of a large number of lawyers in coming years. CBABC President Miriam Maisonville summarized the impetus behind the goals of the REAL Initiative as follows: The Rural Education and Access to Lawyers Initiative will bring significant value to the profession and the province as a whole by not only ensuring that there are an adequate number of lawyers practising outside of the urban regions in British Columbia to provide access to legal services but also by helping to maintain the high quality of legal services currently offered in the province through the transfer of knowledge from senior to junior practitioners. Further information regarding the REAL Initiative can be found online at www.realbc. org. Lawyers, law firms and other organizations interested in taking part in the REAL Initiative are encouraged to contact the CBABC Regional Legal Careers Officer at mlitchfield@bccba.org. BT

bar moves

Bar Moves

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

Doug Conolly

David Halkett

Olwyn Burke

Ruth P. Magnusson

Kash Gandham, Sukhi Nunrha, and Herb Dulay, formerly associates at MMT Law, have left that firm

and opened a new firm named Nordel Law Group LLP. They will be practising in the following areas: plaintiff personal injury, real estate, corporate/commercial and criminal. McQuarrie Hunter LLP has welcomed Doug Conolly into the Partnership. Mr. Conolly’s practice is focused on commercial litigation, including disputes arising from real estate transactions, commercial leases, shareholder/partnership agreements, construction contracts and builders’ liens. McQuarrie Hunter LLP is pleased to announce that David Halkett has become a partner with our firm. Mr. Halkett’s practice focuses in the areas of family law, general civil litigation and criminal defence litigation. Olwyn Burke has joined Bull, Housser & Tupper LLP as an associate with the Energy & Infrastructure

Group. Olwyn was called to the Irish Bar in 2001 and the Scottish Bar in 2003 where she practised as an Advocate for three years in criminal, human rights, trusts and child protection law. RUTH P. MAGNUSSON has joined the team at Horne Coupar, in their downtown offices in Victoria, B.C. She

practises mainly in the area of wills, estates and elder law. Mike Poznanski of Davidson Lawyers LLP is the new President of the Vernon Bar Association. Mike moved to Vernon in May 2008 after graduating from law school at the University of Alberta. He is articling with Davidson Lawyers LLP in Vernon. After being called to the Bar, he will continue with Davidson Lawyers LLP as an associate. Brian A. Yuen has departed Bell Alliance and now practises personal injury law

at Jeffery & Calder.

Health & Wellness TIP Did You Know? In season, locally grown and produced foods are fresher and are often less expensive than imported products. Buying local also supports local farmers and producers and helps reduce the number of trucks on the road.

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courtesy of ACTNOW BC www.actnowbc.ca

BARTALK April 2009

APRIL 2009 UP FRONT

2 4 5 6 7

Bar Moves Letters to the Editor From the President Executive Director Practice Talk by David J. Bilinsky

8 Nothing Official by Tony Wilson 9 On the Web by Patricia Jordan

Sections

LEGISLATIVE UPDATE 19

Acts in Force

IN THE BACK

20 News 22 Calendar | Events 23 National News 24 Member Services 25 Membership | Partners

volume 21, number 2

FEATURED THIS EDITION April is an important month for B.C.’s legal community with Law Week events taking place across the province, and law students finishing their exams and on the lookout for their first positions as professionals. Law Week events provide British Columbians with accurate information about the law and seek to address the theme of Public Confidence in the Justice System. Career Services Offices at UBC and UVic law schools urge firms to hire articling students and lend their support to the future generation of lawyers. Elsewhere in this edition, legal ethics are examined through a case study of the recent Hollywood blockbuster Michael Clayton, while the Land Trust Alliance of B.C. uses its “plot” to explain and promote the practice of “ecological gifting.”

Law Week 2009

Access to Justice: Public Confidence by Kathleen Kendall, Law Week Committee Co-Chair

GUEST CONTRIBUTOR

Legal Ethics in Michael Clayton by Andrew Nathanson

Legal Needs Survey

Hiring an Articling Student

by Mark Benton, QC by Jennifer Moroskat and Kerry Parker Smith

Boost your ROI and Give Your Staff More Energy and Resilience

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

Classified Ads

by CBABC Work-Life Balance Committee

Legal Tools to Protect Areas of Natural and Cultural Diversity on Private Land in B.C.

by Sheila Harrington and Susan Mehinagic

April 2009 BARTALK

LETTERS TO THE EDITOR Send your Letters to the Editor to: Jesse Tarbotton, BarTalk Senior Editor Canadian Bar Association, B.C. Branch Fax: 604-669-9601 Toll-free fax: 1-877-669-9601 Email: jtarbotton@bccba.org

COVER STORY CLARIFICATION (VOL. 21, No. 1)

In the February edition of BarTalk, the cover story reported on reductions and elimination of a Note: BarTalk undertakes every effort to number of Legal Services publish letters to the editor, subject to Society services. These space and editorial discretion. Letters to recent cuts were not the the editor can also be found in BarTalk Online at www.cba.org/bc. result of any reduction in government funding, but rather the result of decreased revenue from other sources such as the Notaries Foundation (due to the current economy), and increased demand beyond the available budget for family law, immigration and criminal law cases.

I was born and raised in the North of England. I was raised in an atmosphere of unquestioning support for the monarchy. As a little lad, I attended a street party for the Charles and Diana marriage. At Cubs, I learned the entire National Anthem. I even gave Princess Anne a clock (why is another story) when she visited our school (if memory serves, she was “opening” it – it was, of course, about a dozen years old at the time). For many years, I was a good little subject. And so to Mr. Wilson’s column. First off, don’t get me wrong. I am anti-monarchy. The fact is that there is much more that binds GBR and N. Ire to Canada than not. A small thing like the underpinnings of the legal system, for starters. And then there’s the really important stuff, such as TV (BBC World/Canada anyone?). It might not be hockey (though there are many Canadians plying their trade in the Elite League). And it might not be polo. (But who in the UK does play polo? None of my mates, that’s for sure.) But there are real ties that indeed bind. Perhaps that’s why Mr. Wilson reads the UK papers. The problem is, simply, the monarchy itself. The world has outgrown it. It’s an anachronism. But if that was its worst offence, it could perhaps be tolerated. But it’s not. Far from it. Frankly, in a nutshell, the monarchy sends the wrong message. It perpetuates the scandal of hereditary power, and the culture of upper-class entitlement that comes along with it. So, in the interest of clarity, I fully support Mr. Wilson’s call for the removal of the monarchy from Canadian life. Just for very different reasons. Let the constitutional debate begin. It’s about time.

– Nick Hopewell

To read four more letters to the editor go to BarTalk Online (www.cba.org/bc). 4

BARTALK April 2009

BarTalk is published six times per year by the Canadian Bar Association, British Columbia Branch and is available online at www.cba.org/bc. BarTalk Senior Editor Jesse Tarbotton BarTalk Editor Deborah Carfrae Staff Contributors Fran Hodgkins Jineane Payne Jennifer Weber Michael Litchfield Editorial Board Chair Dierk Ullrich

Charlie Don’t Skate – Tony Wilson (VOL. 21, No. 1)

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

Editorial Board Members Paul Arvisais Katharina Byrne Carol Anne Finch-Noyes Nicole Holas Beverly MacLean Jack Micner Pamela Murray Craig Watson Michael Welsh © Copyright the British Columbia Branch of the Canadian Bar Association 2009. This publication is intended for information purposes only and the information herein should not be applied to specific fact circumstances without the advice of counsel. The Canadian Bar Association, British Columbia Branch represents more than 6,400 B.C. members and is dedicated to improving and promoting access to justice, reviewing legislation, initiating law reform measures and advancing and improving the administration of justice.

BarTalk Publication Sales Agreement #40741008

MIRIAM MAISONVILLE

from the president

Why Legal Aid Matters

Fully 78 per cent of those o you remember the polled agreed, including 40 per first time you went into cent who agreed strongly. Access a courthouse? The first to legal representation matters. time you appeared as Many lawyers provide assiscounsel? Or the nervousness felt as tance through the framework of counsel for the first time? Now try our Legal Services Society to ensure to imagine the same thing without that access to justice is obtained. The legal education. For many, they are British Columbia Legal Services not only nervous, they are terrified. Society mission statement holds: Imagine you are instead a litigant – Our mission is to provide innovayou are there to have your matter Miriam Maisonville tive and collaborative legal aid serbrought before the judge. You are President 2008/2009 vices that enable people with low hoping for a fair resolution of your B.C. Branch incomes to effectively address their matter, custody of your children Canadian Bar Association issues within the justice system. or, worse, you have been charged Now, more than ever, it is critical to ensure ongowith an offence and are appearing in Criminal Court ing support for the Society to ensure those most requircharged with breaching your conditions of bail. Will ing it have their help. The funding sources of the Law you be able to get legal advice? Foundation (due to falling interest rates) and from the For many of us, the issues surrounding the Legal Notaries (due to fewer transactions) are down but the Services Society are not at the fore. But they should demand has not similarly declined, and in these troubled be – they matter. People seeking legal aid are amongst times, is likely only to further increase. The CBABC the most vulnerable in our society: women, children applauds the Legal Services Society’s efforts to stretch and seniors. It matters because we need to know, as a its dollars to the maximum, to try to service all, but, as society, that all people get proper legal representation, we all know, this has not been possible without a reducbe it in family matters, financial matters such as banktion in service, notably even to those who may be facing ruptcies, or criminal matters, particularly where a loss jail. For example, funding will cease for category one of liberty may occur. The mother seeking child support, offences such as failure to appear in court when required the father seeking access to his children, and represento do so. Typically, being found guilty in such a case will tation on a criminal matter – all are entitled to seek attract a jail sentence.” In the past, facing jail terms justice. We need to know as a society that a person had meant legal aid coverage. No longer. The CBABC calls a fair hearing or appeal. We need to be certain rights are on the government to strengthen the justice system and respected and if a person is jailed, we need to know that reduce financial barriers to accessing justice by providing it was after a fair hearing on all the evidence. legal aid funding that matches the increased demand and This sense of the importance of legal aid is shared reduced revenue sources of the Legal Services Society. by all British Columbians. In a poll conducted by Ipsos This way no one – the poor or working poor – will fail to Reid in March of 2008 the following was posed: receive needed legal representation. If the axiom is correct Government should give funding for legal aid that, as a society, we are judged on how we treat the most the same priority as they give to funding for other disadvantaged, then a properly funded legal aid system social services such as health care, education, welshows our commitment to ensuring justice to all. BT fare, and child protection. April 2009 BARTALK

EXECUTIVE DIRECTOR

CAROLINE NEVIN

Coping With Information Overload How do we know (or communicate!) what really matters?

n the age of email overload, paper overflow, BlackBerrys, Twitter, blogs and RSS feeds, one must constantly process multiple pieces and sources of information at once, and at an exacting pace. Depth perception – the ability to discern the important from the immediate – is overwhelmed by sheer volume. Here are some tips to help you stay sane and get your own message through: Breaking Through the Clutter

Caroline Nevin, Executive Director B.C. Branch Canadian Bar Association

1. Become known for only sending relevant, succinct emails. At all costs avoid becoming the “CC Queen” whose emails get deleted/unread. 2. The new email limit is five sentences; three is even better. Anything more and there’s no hope of retaining attention, never mind comprehension. 3. That said, don’t cut out the niceties. Treat email as real correspondence, with salutations, sign-offs and proper language. If you’re too abrupt, people will read disrespect into your message. 4. Use the phone more. The human element is actually more, not less efficient, and it avoids the misunderstandings of email. 5. Be clear. Your readers are busy. If you need something, highlight what it is and when you need it by. Don’t bury it and expect them to extract it themselves. 6. If you’ve been away from your email for a while, read your entire inbox before responding to anything. Too many people shoot off fast replies without seeing subsequent emails that would change their approach or make their email unnecessary (see #1 above). Handling the Email Tsunami

1. Invest some time in an Outlook tutorial to learn what sorting capabilities you’re not yet using. 6

BARTALK April 2009

Check out ClearContext or Xobni to add some extras. 2. Block and protect time in your day solely to manage email. The minimum is once in the morning and once in the afternoon or evening. If you can, keep your email turned OFF on your computer screen except for those times. (Just try it for a week; it’s addictive.) 3. Refuse to reply to email instantly. Unless it’s truly urgent, don’t do it. There is no prize for being the most reachable, distractible person on the planet.

Tame the Paper Dragon

1. The days of simple “in” and “out” boxes are gone. You need to, at minimum, separate “action” items (including things BF’d), “information” items (no action required, but should be read), and “spare time” items (e.g. magazines). 2. Clear your action items daily, information items weekly, spare time items monthly. Clutter really does clutter your mind, so make a fierce effort to get rid of paper. 3. Google “paper management.” One of those articles or approaches will resonate; try it. Tune Out

It’s a proven fact that time-outs improve productivity. If the clutter and “noise” of information overload is destroying your ability to focus, it’s time to stop. Get out for a walk if you can, or turn off your phones and computer and shut your door. Close your eyes and just breathe for a while. It will be harder than you think. When you’re ready, return to your tasks, focusing only on one at a time. Good luck! (The CBA specializes in practical tools and resources for busy lawyers. Check out CBA PracticeLink at cba.org/cba/practicelink.) BT

david j. bilinsky

PRACTICE TALK

Economic Woes Ahead? More tips for staying afloat

The sky is falling And no one will lift their eyes to see The sky is falling And no one will care as long as it lands overseas...

satisfying in taking control of your life and practice in the long term, even if this entails uncertainty and the unknown in the short term. 3. Go green and cut costs, too! There are numerous ways to cut Music and lyrics by Thrice expenses without cutting into production. Here is a short list: he news these days is •• Vampire power: Most officfilled with economic es have devices that draw woes. There are corporate bailouts, countries power whether or not they David J. Bilinsky is the Practice are failing (Iceland, Ukraine and are on. Furthermore, most Management Advisor for the others) and people are being laid offices leave photocopiers, LSBC. Email: daveb@lsbc.org off worldwide. Yet Canada seems computers, monitors and Blog: www.thoughtfullaw.com to be a bubble in the storm. Can it scanners – virtually anything be that we will largely escape the that draws power, on or in a “sleep” state overwoes that seem to be surrounding us? I think not, night or on weekends. Shut these down at the if for no other reason that we are a major trading end of the day or use powerbars with an on/off nation and our biggest customer (the USA) is on very switch to ensure that those little vampires are not hard times indeed. As any managing partner knows, sucking energy needlessly (powerbars can save if your biggest client takes a nosedive, you had better you from power spikes as well). be building a contingency plan. So here are some tips Go paperless: Digital Lifestyles reports that against the (possible) hard times ahead: more than 210 billion emails are sent every day. 1. Be careful of what you cut: We all know that when There is a big cost on the environment and to times are tough, management starts tightening your pocketbook if your share of those emails the belt. However, at the firm of McDermott are printed – particularly if you use an inkjet Will & Emery in Chicago, after announcing staff printer (since the price of inkjet inks are stratolayoffs, they announced that they were cutting spheric!) Better to spend the time to organize back their coffee service for staff. Wrong move. your office to handle all communications in a Not only would associates (and partners) have to paperless manner. Look to Worldox or iManrun down the street to Starbucks for a caffeine age or other document management software. hit, they would lose a half hour of billable time Create and file documents electronically (see in the process. According to the ABA Journal, a Tech Tip on page 19). In this way you only partner said in an email that this cut “will make print the absolute minimum number of docuonly a small difference financially while sending ments necessary. Furthermore, you save all the a ‘message of desperation.’” transportation costs involved in moving physi2. Make the jump yourself: If you get the feeling cal copies around. that your job isn’t secure, it may be better to start By preparing now, we can avoid running around aligning your ducks to make the move to solo or like Chicken Little if the worse should happen and shared office practice yourself, rather than receivthe economic sky starts falling around us. BT ing a pink slip. There is something inherently

April 2009 BARTALK

nothing official

TONY WILSON

There Could Be Blood

ny lawyer interested Seattle Post Intelligencer abandonin the future of the ing a “print edition” of their paper legal profession (and in March of this year, watch for a more poignantly, slew of other newspapers either whether they’ll have a career in a folding or going totally online; the decade) should be reading Richard rationale being that if you can read Susskind’s The End of Lawyers?: any paper in the world on the Rethinking the Nature of Legal Internet for free, why on earth Services. It suggests a future that would you pay for a subscription? ain’t pretty for those of us who are As for the work solicitors do, practicing, especially those of the if a client on a limited budget can’t Tony Wilson is a Franchise and solicitor persuasion. To paraphrase afford $10,000 or $20,000 for the Intellectual Property Lawyer a few of Susskind’s horsemen of “perfect contract” that I might at Boughton in Vancouver, an Adjunct Professor at Simon the apocalypse (and to embellish (ever-so-humbly) draft, he might Fraser University and has with one of my own), law firms consider downloading his contract written for the Globe and Mail, must commoditize and repackage off the Internet for a song, as if it Macleans, and Canadian Lawyer. their services to lower their costs, were a song! Or a book. Or anyor their services will become an thing else you can download these unaffordable luxury. Secondly, law firms will outdays; taking the risk that the downloaded contract source more and more legal and paralegal work to will protect him “just enough” (and that “something” India to reduce costs, (and maybe clients will too!). is better than “nothing”). Or the client might decide Third, shrinking corporate budgets will force into have his expensive contracts prepared in India for house counsel to create online closed communities $1000 by a lawyer or paralegal (who may have been among competitors to avoid sending work to more trained in North America). In short, if lawyers aren’t expensive outhouse counsel. And finally, because careful, we might be the slumdogs and some enterpristhe Internet has made it possible for clients to buy ing corporation in Mumbai might be the millionaires. an imperfect contract on the web for $99.95 that a And although litigation might not take the same lawyer might perfectly draft (but charge $10,000 for), hit as solicitors in Susskind’s Brave New World, some lawyers may find they are the equivalent of everyone in the profession will have to get used to buggy-whip manufacturers in 1902. things such as “legal knowledge engineers” and legal There could be blood. procurement departments shopping out the work In some ways, why on earth should the legal just like we had to get used to email and voicemail industry be any different from the buggy whip indusin the 1990s (the reliance on email being totally try, or more recently, the CD business? The CD busipredicted in Susskind’s last book on the topic, The ness was decimated by free online downloads until Future of Law). my pal Steve Jobs re-invented the model for iTunes. Perhaps one solution to avoid the same fate as Amazon changed the way we buy books, making the buggy-whip and CD industry is to free law firms “brick and mortar” bookstores an endangered spefrom the crushing burden of salaries and rent by cies. Craigslist re-invented the classified ad. Google has made the yellow pages obsolete. And with the Continued on page 27

BARTALK April 2009

PATRICIA JORDAN

ON THE WEB

Professional Development

notices, minutes, executive contact information and more at cba.org/bc in “Sections” under “Professional Development.” Enrolment in Sections is a great way to satisfy the Law Society’s minimum expectation for Professional Development. Special-interest groups are also an excellent resource for PD. The Canadian Bar Association, British Columbia Branch Women Patricia Jordan is the CBABC Lawyers Forum (WLF) promotes Web Manager. She welcomes the stature and interests of women your comments, questions in the legal profession through and suggestions. programs for education, mentorTel: 604-646-7861 Professional Development ing and networking. The CBA Email: pjordan@bccba.org Reporting Hours National WLF provides a forum Effective January 1, 2009, all Law for sharing resources with other Society members are required to report their PD legal jurisdictions, organizations of professional hours every year. As a service to CBA members, women and women in the judiciary. we automatically record your attendance at Section Listservs meetings and other CBA PD events when you signin at the meeting or register for a CBA PD event. Provincial Section listservs are available for Our online printable record of your PD hours makes Administrative Law, Business Law, Civil Litigation, it easy for you to check your record, and to see if Criminal Justice, Employment Law, Family Law, you have completed your mandatory 12 hours of Immigration Law, Labour Law, Law Practice PD which includes two hours of the ethics/practice Management, Real Property/Commercial Real Estate, management requirement. Your online PD Report is Wills and Trusts, Young Lawyers and the Woman available at cba.org/bc in “Professional Development Lawyers Forum. Section listservs are available to Report” under “Professional Development.” any Section where 20 or more members express an interest to participate. Section members are encourSections/Fora aged to contact their Section’s Chair to suggest the Sections are designed to meet the educational, advocreation of a listserv. CBA National Section listservs cacy and professional needs of lawyers. Section meminclude Alternate Dispute Resolution, Citizenship bership provides you with an excellent means to and Immigration Law, Elder Law, Privacy Law and enhance your legal expertise, network and contribSexual Orientation and Gender Identify Conference. ute to your profession. Many Section meetings are Did You Know? available by teleconference and webinar, making it easier for you to attend remotely. The CBA offers its • There were 1,181,015 visits to cba.org/bc or an members 70 B.C. Provincial Sections and 32 National average of 3,226 per day in 2008. • In 2008, employment ads were downloaded 156,748 Sections that are organized according to specific areas of law. Section members have online access to meeting times, a 48 per cent increase since 2007. BT he Canadian Bar Association (CBA), on a National and Provincial level, offers Professional Development (PD) opportunities to members through CBA National CLE programs, conferences, seminars, Sections, teleconferences and webinars. The CBA is an approved education provider sanctioned by the Law Society of British Columbia to deliver accredited PD that meets the mandatory annual requirement.

April 2009 BARTALK

sectionS

Section Update Keep your practice current

The following are brief summaries of several recent Section meetings held throughout the province. For enrolled CBA members, more detailed information and available minutes from the Section meetings go online to www.cba.org/bc in Sections under Professional Development. GENERAL PRACTICE, SOLO and SMALL FIRM – LOWER MAINLAND Meeting: January 22, 2009 Speaker: Murray Chan, B.Sc., CDP, Pacific Breeze Systems, Your Network and SharePoint Specialist

Topic: Protecting Your Law Firm’s Data Files From the Bonnies and Clydes of Cyberspace

Mr. Chan gave an informative PowerPoint presentation and overview of how to protect your law firm’s data files. Attendees in person and by Webinar heard how cyberspace thieves are invisible and know no boundaries. Mr. Chan discussed how law firms can protect themselves against data harvesters, hackers and frontal attacks, and how cyberthieves can get in through the back door. Email is not a secure form of communication unless the law firm is using a service like RPOST, which provides receipt verification with encryption and is strongly recommended by Mr. Chan for very important emails. HUMAN RIGHTS Meeting: January 14, 2009 Speaker: Heather

Tribunal receives between 1000 and 1100 complaints each year. In 2007-2008, it received 1053 complaints. Approximately 25 per cent (276 complaints) were not accepted at the outset. A case manager makes a recommendation about the processing of each filed complaint. Before a complaint is accepted, the Tribunal offers mediation, especially in circumstances where the issue appears to be miscommunication between the parties. Approximately six mediations per month are attended by Tribunal members and contract mediators are also used. There were 373 settlement meetings including 226 early settlement meetings in 2007-2008 representing an increase of six per cent. At the end of its fiscal year in March, the Tribunal produces an annual report that is passed to the Attorney General. PUBLIC SECTOR LAWYERS Meeting: February 24, 2009 Speaker: Harry Neufeld, Chief Electoral Officer for B.C. Topic: The Role of the Chief Electoral Officer for British Columbia and Issues of Topical Interest Related to This Role

An explanation of Mr. Neufeld’s role and functions of his office were described to Proposed New Section members. He gave details of The CBABC is always pleased the highlights of the Election to support the creation of a new Ms. McNaughton provided Act and recent amendments Section. A new Section, Work Life members with trends, to that Act including the new Balance is proposed, and with the emerging issues and other limits on third-party spendnecessary requirements could topics of interest from the ing which take effect 60 days become active by the end of June. Human Rights Tribunal. In before the writ is issued and If you are interested in adding 2007, after consultation with end on general voting day: see your name to the list of interested the Human Rights community the Election Amendment Act, members supporting this Section asking for comments about the 2008, S.B.C. 2008, c. 41. Mr. email sections@bccba.org. rules of practice, an important Neufeld also discussed issues change was made to the around voter turnout and the complaint form, adding a diary line and making 2009 referendum on the electoral system in B.C. His it easier to assess the timeliness of a complaint. All detailed PowerPoint presentation included “Looking Human Rights Tribunal awards are published. Of to the Future” with new technology such as live the 424 decisions issued by the Tribunal last year, updates to a list who has voted, barcode scans to 378 (89 per cent) were preliminary decisions. The improve speed and Internet voting. BT

McNaughton – B.C. Human Rights Tribunal Chair Topic: B.C. Human Rights Tribunal – 2008 and Beyond

BARTALK April 2009

Section Name Change

Have You Heard?

At the March 7, 2009 Provincial Council Meeting a motion was passed to change the name of the Computer Law Section to the Intellectual Property and Technology Law Section whose mandate will be to deal with legal issues affecting intellectual property and the technology industry.

Attendance at Section meetings counts toward your 12 hours of mandatory CPD (Continuing Professional Development) requirements by the Law Society of B.C. Enroll in one or many of the 70 CBABC Sections and benefit from the CBA member online reporting program. A 2008–2009 Section Enrolment form can be found at: www.cba.org/BC/PD/main/sections.aspx.

CBC Radio Talks Animal Law

On February 24, 2009, The Current, with guest host Gillian Findlay, interviewed Daphne Gilbert, a professor at the University of Ottawa, Faculty of Law who is advocating changes to animal law in Canada and Victor Schwartz, a lawyer with Shook Hardy & Bacon LLP, a liability expert and dog-owner, who thinks the efforts to expand animal law could backfire on pet-owners. Ms. Findlay began her program informing listeners of the newly created CBABC Animal Law Section, the first in Canada, and also told listeners that over the last two years, a dozen Canadian law schools have added animal law courses to their curricula. The complete program can be heard at: www.cbc.ca/thecurrent/2009/200902/20090224.html.

Business Law and Taxation Law Section Joint Meeting Meeting: January 20, 2009 SpeakerS: Robert Owen – Borden Ladner Gervais LLP & Robert Kopstein – Blake, Cassels & Graydon LLP Topic: British Columbia Unlimited Liability Companies and Tax Issues Relating to the Use of ULCs Arising from the Fifth Protocol

The topic of the day for this extremely well-attended lunch-time meeting (128 Section members) was the use of unlimited liability companies, or ULCs, in British Columbia. Robert Owen and Robert Kopstein jointly presented, speaking on corporate issues and tax planning issues, respectively. Mr. Owen’s presentation focused on the statutory framework under which ULCs have been introduced to British Columbia. His presentation included discussion on amendments to the Business Corporations Act permitting the incorporation of ULCs, practical requirements of British Columbia ULC legislation, and differences between the legislation in British Columbia, Alberta and Nova Scotia. In particular, he focused on practical pointers relating to the implementation of ULCs including: the requirements for formation, the liability of shareholders, the ability to convert entities into and out of ULCs through alteration of the notice of articles and amalgamation, and the ability to continue ULCs into and out of British Columbia. Mr. Kopstein’s presentation focused on the tax planning applications of ULCs. His presentation included a discussion of how ULCs have been used by U.S. corporations in tax planning, including the opportunity for double dipping, the U.S. response to double dipping in the Fifth Protocol to the Canada-U.S. Tax Convention, and the alternatives to deal with existing ULC structures. Directly addressing a major concern of those in attendance, Mr. Kopstein explained how anti-hybrid rules in the Fifth Protocol could adversely impact treaty benefits for amounts paid from Canadian ULCs to U.S. shareholders starting in 2010. He concluded by exploring seven options for current ULCs including transferring shares of ULCs to a Luxemburg holding company and converting a ULC into a Canadian corporation for U.S. tax purposes. April 2009 BARTALK

LAW WEEK EVENTS

KATHLEEN KENDALL, Law Week Committee Co-Chair

Law Week 2009

Access to Justice: Public Confidence in the Justice System Law Day is a national event created by the CBA celebrating the signing of the Canadian Charter of Rights and Freedoms. Held every April, Law Day provides an opportunity for Canadians to learn about their justice system and to project a positive image of the legal profession. Law Day is held in communities throughout B.C. and in some, it’s expanded into Law Week. This year, events will be held in Cowichan Valley, Fort St. John, Kamloops, Kelowna, Nanaimo, New Westminster, Terrace, Tri-Cities, Vancouver and Victoria, and possibly Maple Ridge and Prince George. Law Week is made possible by the efforts of hundreds of lawyers and other partners in the justice system who volunteer thousands of hours of their time.

In the Cowichan Valley

In Kamloops

Law Day will be held April 23 from 4:00 p.m. to 6:00 p.m. at the Duncan Law Courts. Visitors will have an opportunity to watch a fairy tale trial, view various community displays, question a lawyer, tour with the sheriffs and go on a treasure hunt (well, the kids, at least).

Luke Skywalker will stand trial during the open house at the Kamloops Law Courts on April 16. Visitors will have an opportunity to meet a judge, ask a lawyer questions, visits displays put on by more than 40 community groups, judge an elementary school poster contest, go on a scavenger hunt, learn more about the RCMP and tour the courthouse with a sheriff.

In Fort St. John Events will be held throughout April. April 8

The RCMP will give a presentation on “Responding to Drug Houses.” April 16

Goldilocks will stand trial at the Fort St. John Courthouse, charged with theft of porridge and mischief, ably prosecuted and defended by the Grade 5/6 class from Ambrose Elementary. April 25

There will be an open house at the RCMP detachment from 1:00 p.m. to 4:00 p.m., including a canine unit demonstration at 3:00 p.m. April 30

There will be a Family Law Clinic at Northern Lights College.

BARTALK April 2009

In Kelowna Kelowna Law Courts will be the site of Law Day on April 18 from 10:00 a.m. to 2:00 p.m. during which a Girl Guide will be arrested and tried. Other events will include several information sessions on a variety of legal topics where the public can ask questions of lawyers and/or a Supreme Court judge, information booths from community groups, RCMP demonstrations, a mock trial for Law 12 students, and opportunities to meet a sheriff and tour the courthouse.

In Nanaimo Law Day will be held on April 25, from 10:00 a.m. to 2:30 p.m. at the Nanaimo Courthouse. Some of the events include seminars on wills and estates and family law, a Q & A with a Supreme Court judge, tours of the courthouse with a sheriff, information booths including the RCMP, presentations by Court Registry on e-filing of civil and small claims matters, and R. v. The Big Bad Wolf, with a Provincial Court judge holding him to account for all the huffing and puffing.

In Terrace Law Day events will take place on April 16. An open house will be at the Terrace LSS at 12:00 p.m. to 1:00 p.m. with lunch provided, then at 1:30 p.m. there will be a courthouse tour followed by justice workers/professionals speaking in a courtroom from 2:00 p.m. to 4:00 p.m.

In Vancouver The Vancouver Law Day Open House takes place on Saturday April 25th at the Vancouver Public Library, 350 West Georgia Street from 10:00 a.m. to 2:30 p.m. Admission to the open house is free. This year’s events include free law classes, displays from a number of key organizations in B.C.’s legal

community, Dial-A-Lawyer, mock trials, a public speaking contest for students, a student outreach program, a citizenship ceremony, and a free public forum featuring senior representatives of B.C.’s justice system.

In Victoria Law Day is April 18. Visitors will enjoy a Fairy Tale trial, a police presentation including the K-9 dog demonstration, talks with judges, introduction to family law and dispute resolution via a skit, resource rooms, a high school moot trial competition and a scavenger hunt for the kids. BT For more information on Law Week 2009 events visit www.bclawweek.org.

Law Week Sponsors & Partners We would like to thank our sponsors of this year’s Law Week events:

In addition, we would also like to thank the many lawyers and others for volunteering their valuable time to make these events a huge success.

April 2009 BARTALK

Guest

Andrew Nathanson

Legal Ethics in Michael Clayton

n the film Michael Clayton, character, and not the company, is George Clooney plays an behaving corruptly. If the firm were associate at a large New York to withdraw immediately, no one firm defending a class action else might learn of the damaging against a pharmaceutical manumemorandum and Swinton’s fraud facturer. The partner leading the on the plaintiffs could continue defence team learns of a damagunchecked. In certain circumstancing internal memorandum. Rather es, the Handbook recognizes the than produce the document, the limitations of immediate withdrawclient’s general counsel, played by al. For example, a lawyer must first Tilda Swinton, has the partner do everything reasonably possible Andrew Nathanson of Fasken murdered and moves swiftly to to prevent the client from adopting Martineau DuMoulin LLP complete a fraudulent settlement a course prohibited by Chapter 8 before the plaintiffs learn of the before withdrawing (Chp. 8, ss. 7 document’s existence. When Clooney finds the memand 8). On the other hand, if the firm withdraws too orandum, he too becomes a target and narrowly late, it risks breaching its professional obligations, civil escapes a car bomb. Clooney’s solution to this mineliability to those harmed by the client’s dishonest acts field? He cooperates with the police, taping Swinton and, in an extreme case, criminal liability. offering to buy his silence. One option to consider before withdrawing is It is hard to imagine a more dysfunctional lawup-the-ladder reporting. If Clooney had no success yer-client relationship. Swinton is on a crime spree. in changing Swinton’s course of action, he could The lawyers are working against the client. Swinton have reported the matter to the company’s CEO, and responds by attempting to terminate the relationship ultimately, to the board of directors. Up-the-ladder – with extreme prejudice. reporting: recognizes the distinction between the What should we do when a client engages dishonest manager and the true client, the corin dishonest conduct? An obvious answer is to poration; avoids disclosure of client confidences; withdraw from the representation. After all, the and, by acting on the source of the problem – the Professional Conduct Handbook (the "Handbook"). dishonest individual – it is more likely to be effecsays a lawyer must not engage in any activity tive. The concept of up-the-ladder reporting is now that the lawyer knows or ought to know assists found in the ABA’s model rules. It is implicit in our or encourages any dishonesty, crime or fraud rules in the circumstances covered by Chapter 8 of (Chp. 4, s. 6). Nor can a lawyer acquiesce in the the Handbook. client doing anything dishonest or dishonourable What if Clooney had reported up? Swinton’s (Chp. 8, s. 1(b)). removal by the company’s board may not have made But immediate withdrawal is not always the as entertaining an ending to the film, but it may have right answer. It may be an overly simplistic response been just as effective, without violating client confithat does not satisfy our duties to the client or our dences. Up-the-ladder reporting can be a nuanced own ethical obligations. way of meeting our obligations to organizational In Michael Clayton, Clooney and his firm’s duties clients, and navigating the difficult question of when are owed to the pharmaceutical company. Swinton’s it is time to withdraw. BT

BARTALK April 2009

MARK BENTON, QC

Guest

Legal Needs Survey

he Legal Services Socshape the way the Legal Services iety (LSS) recently conSociety provides legal aid to lowducted a province-wide income British Columbians. There survey (www.lss.bc.ca/ are, however, lessons all lawyers assets/aboutUs/reports/legalAid/ can take from it and start building IPSOS_Reid_Poll_Dec08.pdf) to into their practices right away. get a better understanding of the Consider this example which current legal needs of low- and many lawyers will have encounmiddle-income people. The results tered in their practices: A famare very interesting with more than ily gets into debt (the number two 80 per cent of those surveyed saying problem in our survey). The debt Mark Benton, QC, they have experienced a legal probleads to family discord (number Executive Director, lem in the past three years that was five on the list) and the spouses sepLegal Services Society of serious and difficult to resolve. British Columbia arate. The stress of the separation Consumer, money, and housing leaves the wife an emotional wreck issues topped the list of legal problems with employ(60 per cent said legal problems triggered emotional ment and family relations following close behind. health problems) and she is unable to work. Without Of those who experienced a legal problem, the work, the wife seeks social assistance, her troubles vast majority took some action to resolve the issue. continue, and the costs to the justice, health care and Most, however, took action on their own without the social service systems mount up. benefit of legal or non-legal assistance. Acting on one’s Obviously, this downward spiral, and its burown is certainly appropriate for some legal disputes. den on the social safety net, could have been elimiAfter all, who hasn’t resolved a disagreement over an nated with some early advice when the first cheque appliance warranty without the help of a lawyer? But bounced. This speaks to the need for lawyers to adopt is self-help best in a family law matter or a dispute a more holistic approach to their work that supports over welfare benefits? The root cause of both may their clients’ efforts to address non-legal issues that well be the person’s inability to resolve disputes or to have an impact on the legal problems. In the case of deal with complex, stressful situations. legal aid clients, this often means dealing with addicEqually troubling is the incidence of additional, tion, domestic violence or poverty. Lawyers must not non-legal problems triggered by unresolved legal forget that theirs is a helping profession. complaints. More than half the people who reported Another point we can take from this survey is the a legal problem also reported emotional or physical importance of legal aid. For many low-income peohealth issues flowing from their legal problem, while ple, it is their only source of hope. Everyone knows more than one-third said their legal problems trigmore money is needed to maintain and sustain legal gered drug or alcohol problems. aid services in B.C. LSS and its stakeholders, such as The survey’s results are remarkably similar to a the B.C. Branch of the CBA, are working to secure nation-wide survey on the same issues carried out by increased funding. But there is also a need for more the Department of Justice in 2006 and are consistent lawyers, particularly outside the major urban centres, with results from surveys in several other countries. willing to handle legal aid cases. Anyone interested Information and research from the B.C. survey will in legal aid work should contact LSS. BT April 2009 BARTALK

Guest

JENNIFER MOROSKAT and KERRY PARKER SMITH

Hiring an Articling Student

ave you considfor two or more firms with ered bringing an two or more principals during articling student their articling term, and allows into your firm? the student to gain experience The Career Services Offices of in a variety of work environthe UVic and UBC Faculties ments and practice areas. The of Law would like B.C. lawJennifer Moroskat, Law Careers Officer, CBABC website has a Shared yers to know that a number UVic and Kerry Parker Smith, Director, Articles Registry developed Career Services, UBC of high caliber third-year law jointly by the Career Services students are still seeking 2009Offices of the UBC and UVic 2010 articling positions. Faculties of Law, the CBABC Branch, and the Law For a law student, articling is a critical stage of Society of B.C. Firms and organizations can use legal training, and a mandatory step on the path to the Registry to advertise their need for an articling admission into the Law Society of British Columbia. student, specifying length of articles available and Students are eager to put their skills to work and to practice areas covered. experience the practice of law under expert guidance so they can develop a successful legal career. Requirements to Become a Principal Students can perform useful and billable work To become a principal, you must be a practising that benefits a firm or legal department. For a lawyer lawyer in good standing with the Law Society with who serves as principal to a student, that assistance is seven years of practice experience. For more on the valuable. Principals also draw satisfaction from the qualifications of principals and the articling relaimportant contribution they make. Principals help tionship, please see Law Society Rules 2-27 through develop their students into strong lawyers through 2-46. Please also refer to the background informaguidance, training and mentorship, which benefits tion – including the current articling agreement and the profession as a whole. checklist – in the “Licensing & Membership” section of the Society’s website at www.lawsociety.bc.ca. NEW Articles Registry If you are not certain if you qualify as a principal, To help connect law firms with students, the website please contact Lesley Small, Manager, Credentials & of the Canadian Bar Association, British Columbia Licensing at the Law Society of B.C. at 604-669-2533 Branch (CBABC) now contains an Articles Registry, or lsmall@lsbc.org. developed by the CBABC with support from the Law The UBC and UVic Career Services Offices are Society of British Columbia. The Registry allows law ready to assist lawyers that are considering hiring an firms to profile their firm and post multiple articling articling student by answering your questions, postpositions with varying criteria. The Registry is popuing positions and advertising to students. lar among students as they can search for positions by Please contact either Jennifer Moroskat, Law interest, location and start date. Careers Officer, University of Victoria at moroskat@ Shared Articles Registry uvic.ca, phone: 250-472-4719, fax: 250-721-6390 or Kerry Parker Smith, Director, Career Services, If your firm is not able to hire a full-time articling University of British Columbia at parkersmith@law. student you can consider taking a student for shared or split articles. This option allows a student to work ubc.ca, phone: 604-827-5052, fax: 604-822-9486. BT 16

BARTALK April 2009

CBABC Work Life Balance Committee

GUEST

Boost your ROI and Give Your Staff More Energy and Resilience

he Work-Life The most successful proBalance Commgrams, agreed the presenters, ittee has brought draw on genuine top-down work-life balance commitment and participation issues to the fore with its 2009 from partners and employees, CBABC Work Life Balance Series 2009 Luncheon Series. The first two and rely on the multiplier Luncheon Presentation luncheons (reported below) effect of shared goals, encourwere a big success, and, when BarTalk went to press, agement and participant success. we were looking forward to the final event on Although it seems counter-intuitive to spend Thursday, March 26, 2009, featuring Russell Hunter money on these programs in the current economic clispeaking on “Energy Management, not Time mate, investing in staff health and productivity now Management – The Key to Improved Performance.” will help firms come out of the recession at peak proOur first luncheon was “Return on Investment ductivity and profitability. ROI also tends to be higher on Health and Wellness Initiatives in the Legal on longer-running programs than shorter ones. Profession” on January 22nd, with UBC Law What are “hard” or objective metrics? They Professor Joe Weiler, UBC Research Associate, include increased attorney health improvements, proArun Mohan, and Antonio Zivanovic, President of ductivity and profitability, reduced health care utiliCorporate Occupational Solutions, Inc. zation and insurance premiums, and reduced attorThe presenters collectively called law firms to ney attrition, absenteeism and “presenteeism” (when action to establish meaningful health and wellness employees are physically at their desks but mentally initiatives and, specifically, to utilize firm-appropriate elsewhere). Even “soft” or subjective metrics, such as “hard” or objective metrics to measure their results. increased employee satisfaction, morale, and loyalty Weiler and Mohan presented their CBA indirectly impact the bottom line and improve firms’ Foundation for Legal Research-funded study demcompetitiveness in hiring and retention. onstrating local law firms can realistically obtain a Our second event was “Overworked and Under600 per cent Return on Investment (‘ROI’) on workPowered,” on February 27th. Attendees learned place health and wellness initiatives. The Weilerfrom Diana Steele, Registered Dietitian, and Linda Mohan Study and/or its Executive Summary are Robertson, Lawyer Coach/ Practice Consultant, how available by emailing Joe at weiler@law.ubc.ca to boost their energy and resiliency. Steele suggested By drawing on his company’s experience providing several easy and gradual nutritional improvements to workplace health and wellness programs to firms in the increase energy, and answered attendees’ questions on Vancouver marketplace, Zivanovic provided proof of controversial nutritional matters. Robertson explained the Weiler-Mohan research results. He delivered ten key the importance of resiliency in today’s environment, points that explained how to successfully design, impleand offered several ways to increase ours, such as by ment and maintain these programs, and how to utilize taking control of our lives back from technology and firm-appropriate metrics to measure results objectively interruptions, by defining – and writing down – our and ensure program sustainability. In his view, firms values and priorities in all areas of our lives, and by will obtain the greatest ROI by adopting a strategy planning, far ahead if necessary, to meet them. that builds on these areas and tailoring a program that We hope you caught at least one of our Luncheons, specifically addresses the needs within the organization. and hope to see you at our next event. BT April 2009 BARTALK

Guest

Sheila Harrington and Susan Mehinagic

Legal Tools to Protect Areas of Natural and Cultural Diversity on Private Land in B.C.

eforestation and chanland that is capital property for ges in land use are the qualifying gifts made after May 1, second leading cause 2006. The second is the introducof global warming. tion of the split receipting rules Some of the most biologically which apply to gifts made after Ruth Masters donated her diverse natural areas are on small December 20, 2002, permitting the 18-acre property to the city of pockets of land in densely populatdonor to receive partial considCourtenay with a Conservation ed areas – the southern Okanagan, eration for the donation and still, covenant held by the Comox the Lower Fraser Valley and southin many circumstances, receive a Valley Land Trust and TLC, The eastern Vancouver Island. “Taking reduction in income taxes based on Land Conservancy of B.C. Nature’s Pulse,” a recent scientific the receipted amount, which is the evaluation of our globally significant biodiversity, fair market value of the property donated, less the reports that due to habitat destruction and climate consideration received. change, more than half of the ecological communities The ecological gifting provisions of the Income in B.C. are of provincial conservation concern. Tax Act allow for either a deduction from income for a Professional advisors involved in Real Estate and corporation, or a tax credit for an individual, unless the Estate Planning are in a good position to help. Private land is classed as inventory to the donating taxpayer. No lands can be protected in collaboration with land trusts limitation on the amount of eligible donation applies through acquisition or through conservation covenants. to ecological gifts and donation amounts not used to Land trusts (often called conservancies) have worked reduce taxes in the current year may be carried forward across B.C. with professionals and landowners to profor five years. Thus donors of ecologically sensitive captect nearly a million hectares of land, in perpetuity. ital property may eliminate their entire tax obligation. In 1994, Section 219 of the B.C. Land Title Act The process of making an ecological gift involves was changed so that approved non-government finding an “eligible recipient” who will agree to act organizations could hold covenants. Conservation as stewards for the land, help in determining the covenants are customized to suit the goals of the covenant restrictions, and to monitor and enforce the landowner and the land trust responsible for its covenant. It is recommended that two organizations/ enforcement. They can apply to all or just a poragencies share the stewardship, management and tion of the land. The owner can receive a charitable other long-term responsibilities. The owner must receipt for donations on the value of the land, and in obtain Ecological Gift and Appraisal certification some cases reduced property taxes. from Environment Canada. As with most taxing Conservation covenants allow families or individulegislation, there are many intricacies that may bear als to protect forested areas or wetlands permanently, on specific transactions. Though tax benefits may be and continue to live and work on the property. Some a factor, the over-riding motivation for most people land trusts will acquire ecologically significant property, will be to contribute to a conservation legacy. and arrange life estates or a lease to ensure the continuaFor further information contact Sheila Harringtion of its private use, while protecting its biodiversity. ton at The Land Trust Alliance of British Columbia: There are several tax advantages associated with www.landtrustalliance.bc.ca / 250-538-0112 / Sheila@ “Ecological Gifts.” The first is exemption from capital landtrustalliance.bc.ca. or Susan H. Mehinagic / 250gains arising on the gifting of ecologically sensitive 995-3356 / smehinagic@grantthornton.ca. BT 18

BARTALK April 2009

ACTS IN FORCE

LEGISLATIVE UPDATE

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

CURRENT FROM JANUARY 1, 2009 to FEBRUARY 24, 2009 Legislative Update is provided as part of the CBABC legislative and law reform program. It is a service funded by CBA membership fees, and is, therefore, provided as a benefit of CBA membership. The full version of Legislative Update is now only published online and available to CBA members exclusively at www.cba.org/bc.

acts in force ATTORNEY GENERAL STATUTES AMENDMENT ACT, 2007, S.B.C. 2007, C. 14 (BILL 33) Sections 17, 18, 20, 22, 23, and 28(b) are in force March 2, 2009

MISCELLANEOUS STATUTES AMENDMENT ACT, (NO. 2), 2008, S.B.C. 2008, C. 42 (BILL 43) Sections 88 to 91 and 92(a) and (c) are in force February 6, 2009 PUBLIC SAFETY AND SOLICITOR GENERAL (GIFT CARD CERTAINTY) STATUTES AMENDMENT ACT, 2008,

S.B.C. 2008, C. 15 (BILL 17) Sections 16 and 17 are in force January 30, 2009

TRADE, INVESTMENT AND LABOUR MOBILITY AGREEMENT IMPLEMENTATION ACT, S.B.C. 2008, C. 39 (BILL 32) Section 57 is in force January 16, 2009

DAVE's Tech tip Technology Tip from Dave Bilinsky’s Award-Winning Blog: (www.thoughtfullaw.com): There are many packages available that allow you to create and file documents electronically: •

In the LTO: There are now four providers of conveyancing software to create and file documents electronically in the LTO: Pro-Suite (NEW!) from the Notaries Society (www.pro-suite.com/). (annual fee includes training, upkeep and maintenance). Brief Conveyance (www.econveyance.com/) powered by Stewart Title (per transaction charge). e-Convey (www.econveyance.com/) by OneMove Technologies Inc. (per transaction charge). Convey Master (www.conveymaster.ca) by R&D Systems Auditing Inc. (installation and first year maintenance up front and $25 per transaction until the purchase price is paid). • For corporate documents, you can create, maintain and share corporate documents electronically using ALF Corporate (www.alfcentral.com/). • Rather than mailing documents to clients, use Adobe Acrobat to create PDF’s (and lock down the document in the process) and save trees, postage and handling costs (www.adobeacrobat.com). • Adopt practice management software: Amicus Attorney, TimeMatters, LawStream etc all can save time, paper and increase efficiency in a busy office by handling office administrative tasks and information electronically (www.amicusattorney.com).

New LTSA Title Search System The Land Title and Survey Authority of BC (LTSA) has modernized its land title search and document retrieval system on BC OnLine. The improved website design streamlines searches and enables the addition of new functionality. The LTSA and BC OnLine are ensuring that users successfully transition to the improved system to allow the old system to be phased out in a few months. Read more at www.ltsa.ca.

April 2009 BARTALK

NEWS

Honourary Member Reception On March 6, 2009, the CBABC hosted a special Member Reception honouring those who have continuously supported From left to right: Guy the Canadian Bar Association Joubert, William E. Ireland, for 50 consecutive years or QC and Miriam Maisonville. more. Canadian Bar Association B.C. Branch President Miriam Maisonville and National President Guy Joubert presented each Honourary Member with a CBA pin in appreciation of their support. Past-President Ken Walton, QC was on hand as MC for the event and is recognized as founder of the CBABC Membership Pin Recognition Initiative. Members who were not able to be present were named and honoured by the MC. Both President Maisonville and President Joubert gave heartfelt remarks to gathered members and supporters.

Honourary Memberships are awarded to any person who has been a member of a Law Society in Canada or the Chambre des Notaires for a period of 50 years and of the Canadian Bar Association for a period not less than 20 consecutive years.

Nanaimo County Gets Master Reinstated on Trial Basis Members of Provincial Council were pleased to welcome Chief Justice Brenner to the December meeting. At that meeting, he made a commitment to follow up with the members of Nanaimo County, and subsequently had ongoing discussions on this matter with CBABC representatives Stephen McPhee and Grant Currie. Starting February 2009, the access to a Master in Nanaimo County for two weeks each month was reinstated for a trial term. The CBABC remains committed to assisting Chief Justice Brenner and the courts in our shared task of ensuring access to legal services across the province, and we thank both of them for this opportunity to have done so in Nanaimo County.

CLEBC Announcement CLEBC Chair Michael Roman has announced the retirement of Jack J. Huberman, QC as Executive Director of CLEBC, after almost 30 years of outstanding service to B.C.’s legal profession. Jack is widely respected as a world leader in legal education. He was appointed as a Visiting Kellogg Fellow at Oxford University and as a Research Fellow at the College of Law in London and Guilford, England, both for a full academic year. In 1989, Jack was designated Queen’s Counsel. Jack led CLEBC through its growth from a tiny organization providing a few live courses to a robust CLE organization with a comprehensive curriculum delivered live in Vancouver and throughout the province online. During Jack’s tenure, CLEBC developed the only comprehensive CLE legal publishing program in Canada and received many awards, including an unprecedented three in one year from the International Association for Continuing Legal Education (ACLEA). Jack served on ACLEA’s Executive Committee for several years and shared his expertise with younger colleagues. Jack was active in the wider legal community as a founding member of the CBABC’s Professional Services Committee (now the Member Services Committee) and a career-long CBA supporter. He served on the Curriculum Committees of both British Columbia law schools. Ron Friesen has been appointed Acting Executive Director. Ron has been with CLEBC for more than twenty years, most recently as Director of Education. Ron has strong business and project management experience and is recognized nationally and internationally for his work in legal education. He currently leads a major project funded by the Law Foundation of B.C. to enhance access to legal education through technology. 20

BARTALK April 2009

NEWS

Save the Date! Nomination forms for the 2nd Annual CBABC Work Life Balance Award are available on the CBABC website and must be submitted by 4:30 p.m. on April 24, 2009. The Honourable Wally Oppal, QC, Attorney General, will present the award at the Luncheon sponsored by Corporate Occupational Solutions on Thursday, June 25, 2009.

Administrative Law Website Launch Government agencies, commissions and boards make decisions that affect us all. AdminLawBC.ca gives British Columbians an important resource when learning about administrative law or preparing for a tribunal. This new website is the first in Canada to bring information on the complete range of administrative law resources together under one domain. The website includes videos explaining administrative law, links to a range of federal, provincial and specialized tribunals as well as self-help resources.

2008 Top Ten Dial-A-Law Downloads 1. Spousal Support 2. Traffic Tickets 3. Buying a Used Car 4. Marriage Contracts 5. Custody and Access 6. If You’re Fired: Wrongful Dismissal 7. Foreclosure 8. Changing Your Name 9. Separation: Deciding Who Will Move Out 10. Garnishment

Dial-A-Law (DAL) is a DIAL-A-LAW library of scripts prepared by lawyers that offers general information on a variety of topics on law in British Columbia, but not legal advice. DAL is a free, convenient and easy way for the public to learn about the law and their rights as a resident of British Columbia. DAL is available at: dialalaw.org. TM

AdminLawBC.ca was developed by the Law Courts Education Society and the British Columbia Council of Administrative Tribunals (BCCAT), with support from the Administrative Justice Office, Justice Services Branch, Ministry of the Attorney General of B.C. Funding was provided by the Notary Foundation of B.C. and the Law Foundation of B.C.

UVic Keeps Winning at Law Games Law students from the University of Victoria continued their winning ways at the25th annual Law Games, hosted this January by the University of Saskatchewan in Saskatoon. The defending Spirit Cup (overall) champions from UVic braved –50 degree temperatures, captured three sports championships, repeated as winners of the talent competition, and had the honour of passing along the Spirit Cup – as is customary at Law Games – to crown an enthusiastic group of McGill University students the new champions. Law Games began as a one-day hockey tournament in 1985 and has grown into a four-day marathon of athletics, academics, revelry and tradition, attended this year by 350 students representing 13 of Canada’s 20 law schools. The event is an incomparable opportunity for budding lawyers to build relationships within their professional cohort.

April 2009 BARTALK

CALENDAR | EVENTS

April - May 2009 April 6 & 20

Lawyers Assistance Program: Women’s Success Group

April 7

CBABC PD Seminar: Developing Your Career & Refining Your Skills in a Down Economy (Lawson Lundell LLP, Vancouver)

April 8 & 22

Lawyers Assistance Program: Self Esteem Group

(see cba.org/bc for details)

Branch and Bar Calendar

April 8, 16, 25 & 30 Fort St. John Law Day 2009 April 9

CBABC PD Seminar: Ethics in Action - Practice & Community (Ramada Hotel Downtown, Prince George)

April 16

Kamloops Law Day 2009 (Kamloops Courthouse)

April 16

Barry Sullivan Law Cup (Heritage Courtrooms, Vancouver Art Gallery)

April 16

Terrace Law Day 2009 (Courtroom 3, Terrace Courthouse)

April 18

Victoria Law Day 2009 (Victoria Courthouse)

April 18

Kelowna Law Day 2009

April 22

New Westminster Law Day 2009 (New Westminster Law Courts)

April 23

Cowichan Valley Law Day 2009 (Duncan Courthouse)

April 23

Tri-Cities Law Day 2009 (Port Coquitlam Courthouse)

April 25

Vancouver Law Day 2009 (Vancouver Public Library)

April 25

Nanaimo Law Day 2009 (Nanaimo Courthouse)

April 25

Free Law Classes (Alma Van Dusen Room, Vancouver Public Library)

April 26

CBABC Law Week 5km Fun Run 2009 (Locarno Beach Park, Vancouver)

April 29

Fraser Valley Bar Association Meeting (Sonoma Grill, Langley)

May 4 & 18

Lawyers Assistance Program: Women’s Success Group

May 4

ALSST Dinner

May 6 & 13

Lawyers Assistance Program: Self Esteem Group

May 7

UBC Law Alumni Annual Dinner (Four Seasons Hotel, Vancouver)

May 21

Executive Committee Meeting (CBABC Boardroom)

June 1

Lawyers Assistance Program: Women’s Success Group

Annual New Westminster/Fraser Valley Bar Golf Tournament The annual New Westminster/Fraser Valley Bar Golf Tournament will be held on Thursday, July 9th at Guildford Golf Course in Surrey. There will be both stroke play and a Texas Scramble option for your group. Dinner after golf at the course. Lawyers, judges, court reporters etc. are welcome. Cost is $95 per person for golf and dinner, and part of the proceeds will be donated to the Lawyers’ Benevolent Fund. Contact Rick Molstad at 604-515-3234 for further details. Application forms will be distributed in May.

BARTALK April 2009

NATIONAL NEWS

Richard Susskind Named Special Adviser to CBA Author and legal futurist Richard Susskind is bringing his new and challenging ideas about the future of the legal profession in Canada to the CBA in the newly-created role of special adviser to the Association. “We welcome Richard Susskind as a special adviser and look forward to his unique contribution. His insight is particularly useful as law firms face the challenge of delivering the best possible services to clients in a changing world,” says CBA President Guy Joubert of Winnipeg, in announcing the agreement. Richard Susskind’s latest book The End of Lawyers?: Rethinking the Nature of Legal Services was released in Canada in February at a launch co-sponsored by the CBA and Oxford University Press. The book predicts significant new pressures on the legal marketplace and great change in the world of legal services. The author suggests that the legal profession will be driven by two forces in the coming decade: a market pull toward the commoditization of legal services, and the pervasive development and uptake of new legal technologies. News release uuu www.cba.org/ CBA/News/2009_Releases/ 2009-02-06.aspx Excerpts from the first chapter uuu www.cba.org/CBA/Events/ pdf/susskind_endoflawyers_ chapter1.pdf To order the book email uuu customer.service.ca@oup.com

Conflicts of Interest – Toolkit Successfully managing conflicting interests and ensuring that a client’s confidential information is protected need to be a part of every lawyer’s practice, and the CBA Conflicts of Interest Toolkit was designed to help you achieve this objective. It complements and supplements the task force’s final report and recommendations that were adopted in 2008, and the amendments to the CBA Code of Professional Conduct that were adopted at the 2009 MidWinter Meeting of Council. CBA Conflicts of Interest Toolkit uuu www.cba.org/CBA/ groups/conflicts/

Mid-Winter Meeting 2009 Highlights Lake Louise and the spectacular Victoria Glacier served as the backdrop for this year’s Mid-Winter Meeting of Council. The event attracted more than 200 people to Chateau Lake Louise from across the country where delegates dealt with a full program of debates and resolutions. The roll-out of the CBA’s new brand was the culmination of a process of formal market research and broad consultations with members that began in 2007. In his mid-year report, President Guy Joubert spoke of the four most critical developments: the retention of author Richard Susskind as special advisor to the CBA; increased efforts to continue universality among law firm members; the report of the Working Group on Barriers to Leadership within the CBA; and the launch of the CBA’s rebranding campaign. In a resolution carried by an overwhelming majority of delegates, the CBA is now urging the Canadian and U.S. governments to negotiate the terms of Omar Khadr’s repatriation to Canada in recognition of the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict, due process and the rule of law. The CBA is also urging the U.S. government to transfer all evidence respecting Mr. Khadr’s conduct to the Canadian government. Other resolutions addressed changes to the conflict of interest provisions of the Code of Professional Conduct, and the call for CBA to become a signatory to the Nairobi Declaration on Women and Girls’ Right to Remedy and Reparation. Delegates also had a chance to hear from the two national Second Vice-Presidential candidates, Trinda L. Ernst, QC and Robert G. Patzelt, QC, both hailing from Nova Scotia. An online vote, was open to members of Council, and closed March 25. The results will be announced on CBA.org.

April 2009 BARTALK

member services

Open and Shut Case Every issue of BarTalk highlights regular discounts available to members from a range of national and regional preferred suppliers. Seasonal promotions and special offers to members are promoted weekly via CBABC News & Jobs. Don’t miss any promotion – subscribe to the member services e-bulletin. Email: members@bccba.org or fill in and fax the sign-up box below to 1-877-6699601 (toll-free) or 604-669-9601 (Lower Mainland). TECH TIP: Member services are available 24/7 via the CBABC website. To access member services on the site, log onto www.cba.org/bc, then choose Member Savings from the drop-down list under Membership. On the Member Savings page, you will find links to the suppliers highlighted below, plus many more.

Bugatti makes a good case for the legal profession. Six different cases, in fact. Five styles in leather, all sized for laptops between 15-17 inches, with or without wheels. Bags range from $145 to $353 and can be personalised with embossing for an additional fee. Orders go in on the 15th and 30th of each month. TECH TIP: Select Lawyer’s Cases on the Member Savings page.

PNE Playland Returns As of March 30, regular Playpasses (must be more than 48 inches tall) can be purchased at the special discounted CBABC rate of $19.05 before taxes. Compared to the gate price of $26.95, that’s a 36 per cent saving. Order online using the code gepexil2. TECH TIP: Select Youth on the Member Savings page.

Electronic Filing Services NetLegal, the National Preferred Supplier for electronic legal filing services, is dedicated to providing clients with secure, easy, and reliable access to court information while saving them time and money. Law firms can serve and file documents faster and be notified immediately. Students can practise using the service for free and access articling positions. Information is securely hosted in Canada so data never leaves the country. TECH TIP: Select Service & e-Filing of Documents on the Member Savings page for more information.

Lindt Chocolates for Easter Hop to it – from March 30 to April 12 enjoy 30 per cent off all regular priced Lindt Chocolate merchandise at Sears’ Robson Street boutique. TECH TIP: Select Chocolate on the Member Savings page, download the invitation flyer, and be sure to show your CBA ID when purchasing in order to access the discount.

Buying a Home or Renewing Your Mortgage? Based in Western Canada, The Mortgage Group Canada Inc. has been in business for nearly two decades, helping almost a quarter million Canadians find the right mortgage for their financial needs. Take advantage of Ryan Hammerer’s expertise and personalised service with the potential to save you thousands of dollars, all at no cost to you, with your interests (not the lender’s) at heart. Bonus: Get a $100 gift card upon completion of your mortgage. TECH TIP: Select Banking on the Member Savings page.

BARTALK April 2009

Sign Me Up! q Yes, please send me monthly updates on

the latest CBABC promotions.

Name: ____________________________________ Fax: ______________________________________ Email: ___________________________________ Please complete this form and fax back to 604-669-9601/ toll-free 1-877-669-9601 or sign up by emailing your information to members@bccba.org.

Membership | cbabc partners

NEW MEMBERS The CBABC Branch welcomes its newest members! The following new members joined in the months of January and February of 2009:

Regular Members Kevin L. Boonstra Kuhn & Company Abbotsford

Sarah Mathiesen WorkSafeBC Vancouver

Rachel A. Drummond Borden Ladner Gervais LLP Vancouver

Renee Mulligan Ministry of Attorney GeneralCivil & Family Law Policy Victoria

Natasha Durich Vancouver

Keith A. Sabey Beairsto Sabey Kelowna

Shaun Temple Frost Guild Yule LLP Vancouver Ryan Green

Nathan Murray Kamloops Mark Myhre Vancouver Leah Pence Deanna Stone Pushor Mitchell LLP Kelowna Brad Woods Borden Ladner Gervais LLP Vancouver

Karen Whonnock Legal Services Society Terrace

Brian Hoffmann Carfra & Lawton Victoria

Carmel Lisa Eames McConnan Bion Oâ&#x20AC;&#x2122;Connor & Peterson Victoria

Scholar

Megan Kammerer Harper Grey LLP Vancouver

Law Students

Elisabeth Graff Ministry of Attorney GeneralCivil Litigation Victoria

Articling Students

Michelle Kooy Sangra Moller LLP Vancouver

Mina Holmes Vancouver

Christina Beninger Joseph Broadhurst MacLean Family Law Group Vancouver

Sahaub Missaghi Windsor Law Group Victoria

Melanie L. Duggan

Deborah C. Jeffrey Mandell Pinder Vancouver

Jaqua Page

Stephanie Mayor Vancouver

Kristian DeJong

Drew Lafond Graham Semeniuk Edmonton Richard Truman Vancouver

CLEBC Update Civil Jury Instructions, Second Edition The Continuing Legal Education Society of British Columbia is pleased to announce the brand-new Second Edition of Civil Jury Instructions (CIVJI). CIVJI is more authoritative than ever, and easier to use for both the Bench and the Bar. It has been thoroughly reworked and updated. Revised instructions track more closely the language used in the leading authorities; culled annotations and distilled case summaries make the jurisprudence more accessible; updated user notes reflect current practice; and renumbered content and new Section numbering make for ease of reference. CIVJI â&#x20AC;&#x201C; Second Edition will be updated annually.

Programs to Focus on Weathering a Recession British Columbia is in the midst of a major economic slowdown. The legal profession is not immune to recessions, but certain practice areas thrive in tough times. CLEBC will offer a number of courses in these growing practice areas, including Foreclosure Practice 2009 (April 23, 2009), Foreclosure Basics for Legal Support Staff 2009 (April 24, 2009), and Bankruptcy & Insolvency 2009 (May 29, 2009). Courses in other areas of the law will also focus on practice during troubled economic times. These include Commercial Leasing: Structuring and Managing Lease Relationships in a Recession (June 11, 2009), and Real Estate Deals: Making and Breaking Them in Challenging Times (June 19, 2009). Further information on CLEBC publications and courses is available from CLEBC customer service at 604-893-2121 (toll-free in Canada at 1-800-663-0437) or at www.cle.bc.ca.

April 2009 BARTALK

GRANTS APPROVED

The Board of Governors of the Law Foundation of B.C. met on November 22, 2008 and approved funding for a number of continuing programs and projects. Chair Mary Mouat is pleased to announce that funding totalling $6,938,761 was approved. Funding totalling $4,878,370 was approved for the following 17 continuing programs:

$3,599,750 LEGAL SERVICES SOCIETY Operating Grant 2009/2010

$71,500 LAW SOCIETY OF B.C. CanLII Virtual Law Library

$175,610 DOWNTOWN EASTSIDE RESIDENTS’ ASSOCIATION DERA Advocacy Service 2009

$70,000 B.C. FREEDOM OF INFORMATION AND PRIVACY ASSOCIATION Law Reform & Public Legal Education Program

UNIVERSITY OF BRITISH COLUMBIA $167,000 First Nations Clinical Program $120,000 Graduate Fellowship 2009/2010 $58,000 Undergraduate Scholarships 2009/2010 $27,500 Projects Grant 2009/2010 $27,000 Entrance Awards 2009/2010

UNIVERSITY OF VICTORIA $60,000 Graduate Scholarships 2009/2010 $58,000 Entrance and Renewal Scholarships 2009/2010 $27,500 Projects Grant 2009

$166,920 GREATER VANCOUVER LAW STUDENTS’ LEGAL ADVICE SOCIETY Law Students’ Legal Advice Program $153,590 B.C. COALITION OF PEOPLE WITH DISABILITIES Advocacy Access Program

$20,000 DEBATE AND SPEECH ASSOCIATION OF B.C. Law Foundation Cup 2009

For full details of the programs and projects that received funding, please visit the Law Foundation of B.C. website at www.lawfoundationbc.org.

$76,000 LAW COURTS EDUCATION SOCIETY Northern Public Legal Education Program for First Nations Communities

FUNDING NOTICE: Legal Research Fund The Law Foundation of British Columbia has established a fund of $100,000 per year to support legal research in British Columbia. Purpose of the Initiative: The purpose of the Initiative is to support legal research projects that “advance the knowledge of law, social policy, and the administration of justice.” Who can apply? Members of the Law Faculties at the University of British Columbia and the University of Victoria and others in the legal profession who can demonstrate that they have the background, interests and capacity to carry out a project which will meet the stated purpose of this Initiative. The Foundation seeks Letters of Intent for proposals for one-time projects. •

•

To be eligible for funding, a project must fall within the Law Foundation’s legal research program objectives of advancing the knowledge of law, social policy and the administration of justice through the identification of areas and issues needing study and analysis and the encouragement and support of projects to address those needs. The Law Foundation encourages applicants and projects that reflect the diversity of British Columbia. The Law Foundation’s working definition of diversity is: Diversity includes age, different abilities, socio-economic level, education, ethnicity, language, family, gender, marital/relationship status, race, religion, work experience, geographic size and location, and sexual orientation.

Length of project: The Foundation will consider one-year projects, as well as multi-year projects. Grant size: The maximum amount available for each project is $20,000. Application process: To be considered, please submit a Letter of Intent by 3:00 pm, May 20, 2009 for consideration at the June Law Foundation Board of Governors meeting, by mail, courier, or fax. Please do not email Letters of Intent. The Letter of Intent, which should be no more than 3 pages long, should contain the following information: (a) Name of project/proposed research; (b) Description of the proposed research; (c) Need for the proposed research; and (d) Budget/Amount of request. Materials should be sent to: Law Foundation of British Columbia, 1340 – 605 Robson Street, Vancouver B.C. V6B 5J3 Fax. 604-688-4586. Please contact Michael Seaborn, Program Director at 604-689-2048 to discuss your project prior to submitting a Letter of Intent.

BARTALK April 2009

TONY WILSON

NOTHING OFFICIAL

Continued from page 8

going “virtual” with those lawyers who don’t really need the “real estate” of a traditional law firm. As a franchise lawyer, I tend to see everything as a potential franchise. Maybe the future law office looks a little more like a REMAX or CENTURY 21 office, (though without those hideous jackets). Let me explain, using my own practice as an example. I don’t need a physical office in downtown Vancouver. My clients are all over Canada and the U.S. and I’ve only met 20 per cent of them face to face. All my advice is either provided over the phone or delivered by email over the web, and that includes the expensive contracts I (humbly) draft. Armed with a laptop, a wireless Internet connection and a cellphone, I can anchor my sailboat in English Bay on a nice summer day, and draft any letter or document from the foredeck. Or I can work from my home office and not waste time commuting to and from the marina! Or I can work eight weeks a year from Argentina, like a colleague of mine currently does. And as many of us know, sometimes we can get more work done in four concentrated hours outside the office than eight hours in it, unburdened by administrative interruptions, meetings and distractions. Lawyers fortunate enough to have their own practices don’t always need the bricks and mortar that a traditional law office requires. But there are four things we do need. First is the brand, image and name recognition that comes with a large established firm. Second, we need the “back office” personnel who word process, check conflicts, open files, send bills, cut trust cheques, manage the payables, collect receivables and do all the administrative work that isn’t “legal work.” Third, we need to be able to give the legal work that we don’t want to do (or shouldn’t be doing) to other qualified lawyers or paralegals in the “firm,” and get credited for it somehow. And finally, we need meeting rooms once or twice a week, in case a client really wants a meeting. It’s not for everyone, but allowing certain lawyers to practice “remotely” will free up office space for those lawyers (presumably litigators) who truly need the bricks to launch their mortars. Costs are lowered for the firm because “remote lawyers” (let’s call them “iLawyers”) won’t have the same “real estate” needs that other lawyers have, and the law firm can either reduce their rental space accordingly (and save money), or hire other lawyers in

the traditional manner who need the space. The iLawyer’s overhead will be much lower and that’s worth something to the iLawyer in terms of compensation. Likewise, use of the firm’s brand and back-office by the iLawyer is worth something to the firm. So I think the future law office could look a little more like a franchise, where a firm’s brand and administrative support are “licensed” to independent lawyers who will actually pay the firm an initial franchise or license fee for the right to become one of their lawyers. The iLawyer won’t have an office per se, or benefits, or even a “salary” and will have to pay insurance and everything else as an independent sole practitioner would pay, except rent. All legal work generated by the iLawyer using the firm’s brand would be billed and collected through the firm, whether the iLawyer is in Argentina or on a sailboat. And the law firm will take some percentage of the iLawyer’s cash receipts as an ongoing “royalty,” reducing some of its leasing costs in the process. Better yet, to balance their lifestyles, iLawyers can work as hard as they want, whether from Argentina or their sailboats. Although there are variations of the “all cash-in deal” or “percentage of cash-in” deals in many law firms, I’m not aware of any firm using the “franchise model,” where real estate is taken out of the equation and the firm charges an upfront fee for a lawyer to actually work there. But whether it’s a franchise model or cash-in model, the key concept here is that some lawyers don’t need the “real estate,” but they need the brand and the back-office administration that comes with a larger firm. Lawyers who can practice remotely (and law firms who are prepared to do creative deals) may “change the game” enough to survive and thrive. I suppose we’ll know in 2010 when the Olympics shuts Vancouver down and most of us will have to work remotely anyway. When an industry is confronted by monumental change like lawyers seem to be in this economy, the industry either shifts the paradigm like iTunes did or it runs the risk of sharing the fate of the CD business, the book business, and oh yeah… the buggywhip business. By the way, I bought Susskind’s book on Amazon.ca, because it wasn’t in bookstores when I wanted to buy it, it was cheaper and I didn’t have to venture outside in the rain to look for it. That may be prophetic about the future of our profession. BT April 2009 BARTALK

APRIL 2009

POSITION AVAILABLE

Classified (per line)

CBABC Members/Firms Commercial Organizations Next deadline: May 8

$25 $50

display

3” x 2.5” CBABC Members/Firms Commercial Organizations

$450 $900

6” x 2.5” CBABC Members/Firms Commercial Organizations Next deadline: May 8

$810 $1,620

insert (all of B.C.) CBABC Members/Firms Commercial Organizations Next deadline: May 13 Next mailing: June 5

$1,200 $2,400

Direct BarTalk advertising inquiries to: Jesse Tarbotton BarTalk Senior Editor Tel: 604-646-7856 or 1-888-687-3404 Email: jtarbotton@bccba.org

The Firm has openings for a research lawyer and junior barrister to join our practice. Applicants for the research position should have exceptional academic records, creative analytical skills and a broad interest in both public and private law. The junior barrister should be in their first three years of practice, have an excellent academic background and preferably have some experience in civil litigation. We welcome applications from lawyers wishing to work in a stimulating and high-end litigation practice. Interested lawyers should send their c.v. and transcript of their grades to K. Michael Stephens, at Suite 2100-1040 West Georgia Street, Vancouver, B.C., V6E 4H1 LOCUMS – OnPoint Law Corp. is looking for exceptional litigators and solicitors to join

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its Locum Division. Successful applicants must have at least five years experience in one area of law, and be available for flexible placements. Please send a resumé to Sarah Picciotto at spicciotto@onpointlaw.com or call 604-879-4280.

Services intellectual property: Let us assist you in providing protection for your clients. Douglas B. Thompson Law Corporation – Registered Patent Agent, Registered Trade Mark Agent. Practice restricted to Intellectual Property, Victoria, B.C. (www.BCpatents.ca) Email: doug@BCpatents.ca. Atkinson Law Office Business/Immigration, www.AtkinsonLaw.com referrals paid.

PRACTICE FOR SALE Established Solicitor’s practice located in Victoria, mainly business law, commercial real estate, wills, estates, trusts, and selective residential real estate. Senior lawyer retiring. Willing to assist in transition. Terrific clients, great location. Contact James Shaver shaverlaw@telus.net.

2009 Law Week

Fun Run

5km

classified ads

Benefitting Law Week and The Greater Vancouver Food Bank Sunday, April 26th, 2009 Locarno Beach Park Start Time: 10 AM To register online please visit:

www.bclawweek.org

Or call Events at 604-687-3404 ext 306

2009 CBABC Winter Conference Los Angeles, California November 20-22, 2009 Endorsed by: 390 Howard Ave. Burnaby, B.C. V5B 3P8 Canada

Visit Us Online:

BARTALK April 2009

Mark this event in your calendar! A great way to complete your mandatory professional development credits, socialize with faculty and attendees, visit Beverly Hills and Hollywood, and take your kids to Universal Studios and Disneyland, all in one weekend! The agenda will include hands-on advice on practice management and ethics, as well as relevant topics for both solicitors and litigators. Stay tuned for further details in the next BarTalk!