BarTalk | December 2011 by The Canadian Bar Association, BC Branch

DEALING WITH CHANGE | RETIREMENT | SMALL FIRM SUCCESSION PLANNING

DECEMBER 2011 | www.cba.org/bc

Succession Planning, It’s Good Practice PAGE 12

NEWS BARTALK EDITOR

LETTER TO THE EDITOR

KUDOS

Bar Moves

Vancouver Law Firm’s Innovative Ways to Support Charity

Deborah Carfrae

EDITORIAL BOARD CHAIR

Michael Welsh EDITORIAL BOARD MEMBERS

Candice Alderson Carol Anne Finch-Noyes Richard Fyfe Sandra Harper Beverly MacLean Gail McKay Sarah Nelligan Clint Sadlemyer Rose Shawlee BARTALK SENIOR EDITOR

Simon Bursell STAFF CONTRIBUTORS

Bianca Bishop Stacy Kirpichova Catherine Lau Stuart Rennie Jennifer Weber The B.C. Branch of the Canadian Bar Association, 10th Floor, 845 Cambie St. Vancouver, B.C. V6B 5T3 Tel: 604-687-3404 Toll-free (in B.C.): 1-888-687-3404 bartalk@bccba.org

BarTalk is published six times per year by the British Columbia Branch of the Canadian Bar Association and is available online at www.cba.org/bc. © Copyright the British Columbia Branch of the Canadian Bar Association 2011. 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 British Columbia Branch of the Canadian Bar Association represents more than 6,700 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

I have just finished reading the October issue of BarTalk. On page 26, “Bar Moves” is a display of smiling, mostly young lawyers who have moved about the Lower Mainland. It is good to see lawyers actively finding employment in their preferred areas of practice and geography. However, it just highlights the growing dearth of lawyers outside of the Lower Mainland. I started practising in 1991 in Prince George. There are fewer lawyers here now than then. There are very few young lawyers (and even fewer experienced lawyers) willing to make a career outside the Lower Mainland. The Prince George Bar is graying, and the shortage of lawyers here will soon be critical. I grew up in the Interior, and never wanted to be anything other than a small town lawyer. I knew from the start that practising in a smaller community would permit a lifestyle that I wanted; easy hours, good money, opportunity to do complex cases at an early age, unsurpassed recreation, and affordable cost of living. To me, it is a “no-brainer,” but I obviously do not understand the lure of Lotus Land. I hope those young lawyers appreciate their $800,000 condos after a 60-hour work week. I will leave my office (which I own, and is right across the street from the courthouse) early today to go hunting. This evening, I will work in my shop on my vintage motorcycles. On the weekend, I will jam with my musician friends. Somewhere in there, I will find the time to do some lawyering. — Dennis M. Smith

2 BARTALK / DECEMBER 2011

After

Before Vancouver law firm Alexander Holburn Beaudin & Lang LLP successfully used several fun and unusual approaches to raise funds for United Way’s 500 plus programs, which support vulnerable children and seniors throughout the region. The firm’s Managing Partner David Garner announced his willingness to shear off his infamous “pony tail” if their law firm members contributed a further $10,000 in the last minutes of the pledge drive. That one snip raised an additional $10,924, making Alexander Holburn’s grand total $33,218.77, surpassing their original goal of $30,000!

Write Us Send your Letters to the Editor to: Deborah Carfrae BarTalk Editor The B.C. Branch of the Canadian Bar Association Fax: 604-669-9601 Toll-free fax: 1-877-669-9601 Email: bartalk@bccba.org Note: BarTalk undertakes every effort to publish letters to the editor, subject to space and editorial discretion. Letters to the editor can also be found in BarTalk Online at www.cba.org/bc.

DECEMBER 2011

VOLUME 23 / NUMBER 6

Contents Departments 4

FROM THE PRESIDENT Creating REAL Opportunity for Succession Planning by Sharon Matthews

EXECUTIVE DIRECTOR Retirement by Caroline Nevin

PRACTICE TALK Dealing with Change by David J. Bilinsky

DAVE’S TECH TIPS

NOTHING OFFICIAL Terms of Venery for the Erudite Advocate by Tony Wilson

Sections 10

SECTION UPDATE Introducing: The CBABC Appellate Advocacy Section Appellate Advocacy Charities and Not-For-Profit Law Alternate Dispute Resolution – Vancouver

SECTION NEWS Tracking Tool and CPD Hours

Features 12

SUCCESSION PLANNING, IT’S GOOD PRACTICE by Sherelle Goodwin

HOW TO SUCCEED AT SUCCESSION by Gerald Lecovin, QC

NOT EVERYONE WANTS TO DO MERGERS AND ACQUISITIONS by John Lakes

SMALL FIRM SUCCESSION PLANNING by Mary McEwan

A QUESTIONNAIRE ABOUT PLANNING FOR RETIREMENT by Christine Murray

Guests 9 17

TRU FACULTY OF LAW GRAND OPENING by Gail McKay WANT TO START YOUR OWN LAW FIRM? by Nicole Holas

Inside This Issue Like everything in life, legal careers start and finish. We discuss both ends of the spectrum, as each requires planning to succeed. Articles discuss starting your own firm, succession planning, retirement financial planning, winding down your practice and developing a life after law. And we tell of TRU law school’s grand opening.

News and Events 2

Letter to the Editor re: Bar Moves Kudos – Vancouver Law Firm’s Innovative Ways to Support Charity 18 CBA Mid-Winter 2012: Come for the Business, Stay for the Sunshine! CBABC Branch Office Staff in Full Halloween Spirit Intervention at SCC 19 CBA Applauds Confirmation of Two New Judges to SCC PD Video Now Online: Whose Privilege Is It? CBA Critiques Bill C-10 at Parliamentary Committee 20 CBA, B.C. WLF Mentoring Program 2012 CBA, B.C. WLF Senior Women Lawyers Dinner – January 11, 2012 Succession Planning: Tools, Documents and Resources CLEBC Update 21 Legislative Update Branch & Bar Calendar Pro Bono Going Public 2011 22 Courthouse Library BC’s Survey Results Final CPD Credits for 2011 Guest Blogs B.C. WLF Fall Launch and Hot Tips from Hot Mentors Event Aboriginal Lawyers Forum Update

Also In This Issue 23 LAW FOUNDATION OF BRITISH COLUMBIA 24 PROFESSIONAL DEVELOPMENT & MEMBER SERVICES 25 DISPLAY ADS 26 BAR MOVES 27 NEW MEMBERS DECEMBER 2011 / BARTALK 3

FROM THE PRESIDENT SHARON MATTHEWS

Creating REAL Opportunity for Succession Planning Rural Education and Access to Lawyers

uccessors are key to succession planning. For lawyers practising outside of the south coast, succession planning is hampered by insufficient numbers of new lawyers joining their communities. Lack of successors is a better excuse for failing to plan than some of the oft-cited reasons such as not having time, or worse, not believing that you could become disabled, die or retire. In 2009, someone much smarter than I had an idea of how the CBABC could address this problem in a concrete way, or rather, a REAL way. And that was the idea that became the Rural Education and Access to Lawyers, or REAL, initiative. Good ideas need resources and so the CBABC sought funding from the Law Foundation, which generously provided funding for the first three years of the program. REAL is a co-ordinated set of programs to address the current and projected shortage of lawyers practising in small B.C. communities. The primary program is the placement of second year summer students in firms in those communities, with a contribution toward the cost of engaging the students. In addition, the Regional Careers Officer (the amazing Michael Litchfield), promotes these opportunities to law students in the western Canadian provinces and works to break down the attitudes that cause law students to believe that the only good opportunities are in large urban centres. REAL works. In 2009, 11 positions were created in Nanaimo, Campbell River, Powell River, Squamish, Kamloops, Vernon, Cranbrook, Trail, Smithers, Vanderhoof and Fort St. John. In 2010, 21 positions were created in Campbell River, Qualicum Beach, Courtenay, Smithers, Vanderhoof, Squamish, Fort Nelson, Prince George, Williams Lake, Quesnel, 100 Mile House, Winlaw, Invermere, Golden, 4 BARTALK / DECEMBER 2011

Nelson, Castlegar, Salmon Arm, Penticton, Vernon and Summerland. These positions would not have existed but for REAL. Of those, 16 (51 per cent) resulted in articling positions where few had existed before. In 2011, 20 positions were created in Powell River, Courtenay, Qualicum Beach, Nanaimo, Squamish, Kamloops, Vernon, Lumby, Revelstoke, Nelson, Fernie, Invermere, Vanderhoof, Prince George and Fort St. John. The first three years, thanks to the Law Foundation, have been a tremendous success. The initiative was designed to run for five years in order to allow for a continuum of results and to determine how many of the participants end up practising in these communities. The CBABC is thrilled that the Law Society has agreed to partner with the CBABC to provide funding for years four and five1. This new arrangement will include a review of the program and the criteria. In addition, as originally

planned, there will be a go-forward plan to make the program financially sustainable in the future. REAL has proven two critical things. First, by working cooperatively, justice system stakeholders can, in short order, make a difference in a concrete way. In addition to the Law Foundation and the Law Society, REAL has been supported by UBC and UVic Law Schools as well as others in Western Canada, the Legal Services Society, the CBA National Rural Task Force, CLEBC and local Bar associations. Second, the “there are no successors” excuse to avoid succession planning has disappeared. We all need to face the fact that we are not invincible from disability or death and some day we will want to leave our practice to retire or do something different. It is time to plan. You don’t have time not to. 1

The Law Foundation is funding its core ongoing programs by dipping into its reserves, and advised that, despite its support of the program, it could not continue funding REAL beyond the three years originally approved.

Sharon Matthews

president@bccba.org

EXECUTIVE DIRECTOR CAROLINE NEVIN

Retirement Never too early or late to plan!

ince I joined the CBA staff in 1997, many things have happened to make me proud to be associated with the organization. Two significant initiatives really stand out in terms of how we’ve positioned to help lawyers prepare for life post-law. First, the CBA created the first lawyer-driven, lawyerserving group RSP plan in the country, through CBAF (Canadian Bar Association Financial Services). The massed invested funds of Canada’s lawyers, staff and families are being tapped to ensure exceptional saving and returns for the legal profession. More importantly to me, CBA members get an extra discount that means that their dollars go even further. For that reason, after significant due diligence, the B.C. Branch staff switched and we are now completely invested with CBAF. We encour-

age all CBA members and their firm staff to do the same. Second, in B.C., the CBA led the way in protecting RRSPs, RIFs and other non-pension retirement savings vehicles. Every lawyer in B.C. will benefit from the work of the CBABC to ensure that lawyers who do not have pensions have their retirement savings protected in the same way that pensions are when it comes to creditor claims. I tell you this because all of the research I have reviewed when it comes to the retirement preparations of lawyers says that the profession is woefully unprepared. Perhaps this is exacerbated by the fact that 75 per cent of the firms in B.C. practice are solo practitioners, with no-one but themselves to rely on. I surveyed about 80 CBA members who were within the age of considering retirement. I also surveyed a small number of members who have already retired. Here is what I can tell you: First, most respondents had 30 years of call or more. Most of those

who responded intended to retire in the next 5-10 years (20 per cent intended to be retired sooner). By far, the majority of pre-retirement behaviours included “actively talking about retirement with my spouse/partners/ others” and “worked out a financial plan, either by myself or with an advisor.” Many (85 per cent) had either already decreased hours/ clients or were intending to decrease their hours/clients over time. Of particular interest to all of you should be the fact that only 21 per cent of practising lawyer respondents to this survey had taken up new, or renewed old, hobbies or social activities. Across all demographics and professions, engagement in activities unrelated to work is highly related to a happy retirement. One of the most important factors recommended by lawyers who had already retired (second only to ensuring you have enough retirement savings!) is investing in other interests.

Anyone who knows and cares for lawyers knows that the profession consumes a large part of one’s life; it is exceptionally important that someone who intends to leave that life consider and invest in activities outside of legal practice. It was a relief to me that even in this time of economic uncertainty, 83 per cent of lawyers who responded to my survey were either fairly confident or very confident of their financial preparedness for retirement. However, even among those who express confidence, a very large proportion (79 per cent) were “somewhat anxious about the world economy.” What fascinated me in terms of response to my survey was this: many lawyers are adamant that they will work until they drop, they love it; a smaller number of others can’t wait to retire, and wish they had never entered law. I suspect that none of this is unique to lawyers; my only advice is that everyone who reads this considers their personal wishes and takes the time right away to figure out the financial plan that helps them get there (and please consider CBAF when you’re doing that!).

Caroline Nevin

cnevin@bccba.org DECEMBER 2011 / BARTALK 5

practicetalk DAVID J. BILINSKY

Dealing with Change Riding the wave... r

The future ain’t what it used to be... r

– Music and Lyrics by Jim Steinman, recorded by Meat Loaf and Jennifer Hudson.

any writers have opined on what is the biggest challenge facing us today. Climate change, terrorism, weapons of mass destruction and the economy all get high rankings. In my view, in the long run, these are superseded by a much bigger challenge: The rate of change. Just to get some perspective on how quickly things have changed, the Stone Age lasted some 2.9 million years (Wikipedia). It ended some 6000 years BCE. The last 8000 years since have taken us from the first metal tools in The Copper Age all the way to the iPhone 4 being taken up to the International Space Sta-

tion by the Space Shuttle in 2011. Ray Kurzweil in an essay entitled “The Law of Accelerating Returns” stated: “An analysis of the history of technology shows that technological change is exponential, contrary to the commonsense “intuitive linear” view. So we won’t experience 100 years of progress in the 21st century – it will be more like 20,000 years of progress (at today’s rate).” If Ray Kurzweil is even close in his analysis, then we are in for a tsunami of change about to wash over us. What does that have to do with succession planning and the practice of law? Well, in “A Short History of Progress” (CBC Massey Lectures), Ronald Wright states: “To use a computer analogy, we are running twenty-first-century software on hardware last upgraded 50,000 years ago or more.” We have to deal with the upcoming changes with the tools available to us – which then means that our institutions (which are social 6 BARTALK / DECEMBER 2011

tools) have to also change and adapt as circumstances change. We have to help the courts, the justice system, law firms and, not least of all, the public gain access to legal services in ways that are costeffective, quick (since the world

So we won’t experience 100 years of progress in the 21st century – it will be more like 20,000 years of progress (at today’s rate). can’t – or won’t – wait for long processes) and meet societal needs (i.e. good, fast and cheap). But if we are “hard wired” for the fight or flight response, for example, then we have to adjust our programming (culture, laws, education and ethics) to make up for our genetic “lag” in order to help us, and our institutions, change.

We have to help our institutions evolve too, in ways that keep them meaningful and relevant. Being open to change means being open to questioning, if not outright changing, the fundamental assumptions underlying the legal system to see if they maintain their relevance and utility in a different world from that in which they developed. Most of all, we have to be open to change and place “the way we do things” continually under the microscope – to be open to examination and adaptation – in order to keep pace. The legal profession and the institutions we serve have to plan our own successors. The words of the Canadian Armed Forces come to mind: Lead, follow or get the heck out of the way. Nowhere is it written that the legal profession, as we know it today, is immune from extinction. Being open to change – and helping our legal institutions evolve – is one way to avoid waking up one day and finding out that the future ain’t what it used to be. The views expressed herein are strictly those of the author and may not be shared by the Law Society of British Columbia.

David J. Bilinsky is the Practice Management Advisor for the Law Society of British Columbia. Email: daveb@lsbc.org Blog: www.thoughtfullaw.com GO ONLINE FOR MORE INFORMATION

dave’s techtips As we head into the travel season, I thought it would be useful to cover the websites that help make travel just a bit easier.

www.staralliance.com/en/

www.seatguru.com

Since I prefer to collect Star Alliance flight points if I can (Air Canada, United etc), I always check any possible trip against the flights that I can see at Star Alliance. This allows me to compare the flights/routings that I get from kayak.com with the flights that I could get on the Star Alliance network to determine which flights to finally select.

This site allows you to check virtually every scheduled flight and aircraft flown by the airlines of the world and see the seat configuration on the aircraft for your flight. It allows a quick scan prior to selecting seats to see if you have a good seat, a seat with some drawbacks, a poor or blocked seat or a standard one.

www.tripadvisor.com www.hotels.ca

www.kayak.com Kayak is quite simply the best travel reservation site that I have found. There are many travel sites out there, including Expedia. com and Travelocity.com. But I personally like Kayak (www. kayak.com), TripIt (www.tripit. com) and StarAlliance (www. staralliance.com/en/) since I am an Air Canada frequent flier points member. Kayak allows me to quickly search and view possible flights from all different airlines, which is particularly important when booking a multiple-city trip. You can also search for hotels, cars etc.

www.tripit.com TripIt allows you to manage your itineraries by simply emailing TripIt a copy of your airline booking, car reservation, hotel reservation etc. TripIt builds a mobile online trip itinerary that you can then share with those with whom you are travelling. Quick, easy and free.

Hotels.ca is a great site to find hotels around the world (priced in Canadian Dollars!). I have used this site many times and it has never led me wrong. Hotels are as described, prices are honoured and reviews (at least from my experience) are accurate. Great site for Canadians travelling in or out of Canada!

www.hipmunk.com Hipmunk is a cool new travel search site that tries to take the agony out of travel planning. Rather than presenting flight options to you in a text list, Hipmunk delivers to you a graphic timeline of each flight, with the length of the flight shown as a color bar “stretched” out across the page. In other words, the longer a flight (i.e. the greater number of connections) the longer the bar (known as the “agony view”). Hotel results are shown on a map so that people can view where in a destination they will be staying and the landmarks near them.

TripAdvisor is great for reviewing hotels prior to booking a reservation. Raising the ire of hoteliers everywhere (“no establishment is above a negative review on TripAdvisor,” says The Guardian), the (one hopes) honest and trustworthy reviews haven’t let me down yet. You can see snapshots of the rooms, read about the quality of the breakfasts and the politeness (or not) of the staff. Despite the concern of fake reviews, they state that they have a number of measures in place to weed out such posts. Always worth checking prior to booking.

www.bedbugregistry.com And last but certainly not least is the bed bug registry. Here you can check out hotels, rental suites and now cruise ships to see if you may be booking into an establishment that has been reported as having bed bugs. At the time of writing this column, Vancouver is reported as having more than 2000 reports of bed bugs, most of them being in the West End. © 2011 David J. Bilinsky

DECEMBER 2011 / BARTALK 7

nothingofficial TONY WILSON

Terms of Venery for the Erudite Advocate Collective nouns to impress and annoy

murder of crows. An unkindness of ravens. A sleuth of bears. A wing of dragons. A bed of clams. A pod of dolphins. An army of ants. It’s an odd thing that in the English language, we have so many different “collective nouns” for specific groups of other nouns, normally of the animal persuasion. These are sometimes called “Terms of Venery” or “Nouns of Assembly.” But as much as we have these terms for whales, birds and other animals, we don’t seem to have them for lawyers, and the people lawyers deal with. Some people want to scuba dive with Great White Sharks, rappel off 22-story skyscrapers for charity, or see the Pyramids before they die. Having done all that, my bucket list now includes writing the odd piece for The New Yorker, get-

ting eight years of BarTalk articles published in book form and adding a few new expressions to the English language. They’re modest goals, I admit, but one must have goals. After all, I coined “schadenfreudeh” in Macleans, which is the pleasure most of us on the Coast feel when our relatives in Eastern Canada are buried in snow in March and April while we’re golfing, sailing or gardening the winter away. I originated “Solitigator,” which is a lawyer who walks both sides of the street, and was the first to use “Kegmare” in a national newspaper. “Lient” for an untruthful client was genius. Someday, there will be a Wikipedia entry just for my portmanteaus. A Gaggle of Lawyers sounds to me to be the best collective selfdeprecating description of our profession. Interestingly enough, besides being a flock of geese that isn’t flying, a “gaggle” is a term to describe eight fifty-pound bags of salt, a loosely formed tactical 8 BARTALK / DECEMBER 2011

formation of aircraft, and an informal White House press conference. Who knew? If we divide up the legal profession, I’d suggest a Brood of Solicitors, for those of us tied to our desks running deals, drafting contracts and finding ways to give our litigation partners more billable hours than we can ever acquire just so they can lord it over us at partners’ meetings. (That’s why we brood, I suppose.) How about a Quarrel of Litigators for those who regularly appear in court but who brag incessantly about all their billable hours to those of us who sent them the files in the first place? I’m not much of a James Joyce fan (the Bloom is off the rose for that author), but in homage to Dickens, a Jarndyce of Motions, though a tad erudite, suggests champertous litigation that never ends, and a litigator that keeps it going, just like in Bleak House.

Just as bleak (and just as erudite), a Dedlock of Deadlocks is what happens when counsel can’t agree on anything. Feel free to toss this expression, like a salad, into a conversation to show someone how learned you really are. “Oh, where did you come up with such a witticism, good sir? Dickens? “Oh no kind lady, I read it in BarTalk. A book is imminent. ” Given the financial meltdown that started on Wall Street in 2008 and migrated, like birds in winter, to Greece and other European countries, perhaps a Conspiracy of Stockbrokers is an apt descriptor for a profession that is finally getting worse press than lawyers normally do and an Acropolis of Debt might describe a country that borrows too much. A Cacophony of Clients might be a good thing to have in tough times, as would a Plethora of Plaintiffs. For those of you regularly dealing with ICBC, how about a Drove of Adjusters? (Bada-boom). Maybe you like ones that are less literary, closer to home and with a distinctly B.C. touch. How about a Friesen of CLEs, a Wally of Jurists or a Loukidelis of Legislation? Or do you have, in the words of the late great Douglas Adams, a Salmon of Doubt about these terms ever catching on? The views expressed herein are strictly those of Tony Wilson and do not reflect the opinions of the CBABC or its members.

feature GAIL MCKAY, ASSISTANT PROFESSOR, TRU

TRU Faculty of Law Grand Opening

celebration of many firsts occurred on the traditional territory of the Shuswap Nation in Kamloops on September 6, 2011. In an awe-inspiring lecture theatre constructed, (as National Chief Shawn A-in-chut Atleo in his greeting noted), of pine beetle kill wood, and under renowned sculptor John McEwan’s giant coyote rooftop sculpture made of bent and rolled steel stars, esteemed members of Canada’s legal community offered greetings to the students of Canada’s first new law school in 33 years. Ex nihilo: building something out of nothing. In just two years, out of the hands of just two persons, Founding Dean of Law Chris Axworthy, QC and Founding Administrator (now Assistant Dean of Law) Anne Pappas, the new law school materialized. As Chief Justice of Canada Beverley McLachlin explains in her letter of welcome, “TRU Law has a special mission as the only Canadian law faculty not located in a major urban centre. By bringing legal education to a broader community, Thompson Rivers University will make an important contribution to tackling the access to justice problem.” A firm believer in the coexistence of equality of opportunity and excellence, Governor General of Canada David Johnston wrote, “We are duty bound to improve justice and continuously create the good.” In his inaugural welcome to students, Dean Axworthy said, “You were chosen because you hold great promise, and this profession upon which you are embarking is a noble and caring one.” “You have begun,” said The Honourable Lance S.G. Finch, Chief Justice of B.C., “an adventure, a life-altering opportunity.” “You are the face of the new law school,” said The Honourable Thomas J. Crabtree, Chief Judge, Provincial Court of B.C., “and forever you will be known as the first graduating class – an honour you will carry the rest of your career.”

(Left photo) Law Grand Opening—Ribbon Cutting 18 Dignitaries cut the ribbon to officially open the TRU Faculty of Law, Canada’s newest law school in more than 33 years. The ceremony was held Sept. 6 in the Irving K. Barber British Columbia Centre, located in The Brown Family House of Learning. (Right photo) General Scene—Law Grand Opening A scene from the TRU Faculty of Law grand opening. The ceiling is made of timber killed by the mountain pine beetle.

OLD MAIN LIBRARY, MOOT COURT, CLASSROOM, STUDY ROOM or LOUNGE

CLASSROOM DESIGN

TRU Old Main Expansion and Modernization A design inspired by the region’s most prominent landmarks has been selected for the new home of the Faculty of Law. The expansion will add 40,000 square feet of learning, library and student spaces and will create two additional stories on TRU’s Old Main building. Modelling Kamloops landmarks Mt. Peter and Paul, the roof undulates and curves, evoking the area landscape, yet confidently embracing TRU’s campus plan and firmly marks the University’s place in the province. DECEMBER 2011 / BARTALK 9

sections New Section Introduction: CBABC Appellate Advocacy

SECTION UPDATE

Keep Current A review of mandate of the Appellate provincial Section meetings. The Advocacy Section is to Introducing: The CBABC Appellate Advocacy Section Chair: Gregory Pun, Alexander Holburn Beaudin & Lang LLP (photo) Vice-Chair: Peter Senkpiel, Nathanson Schachter & Thompson LLP Secretary: Elizabeth Clarke, Lawson Lundell LLP Treasurer: Joel Payne, Fasken Martineau DuMoulin LLP

Appellate Advocacy Meeting: September 22, 2011 Speaker: Timothy Outerbridge Topic: Various

Charities and Not-For-Profit Law Meeting: September 27, 2011 Speakers: Chris Becker and Ian Moes, Kuhn & Company LLP Topic: Guidelines for Charities Operating Internationally

Ian Moes

Appellate Advocacy Chris Becker

Alternate Dispute Resolution Vancouver Meeting: October 18, 2011 Speakers: The Honourable Judge Donna Senniw, Mr. Gordon Turriff, QC and David Merner. Topic: Taking off the Robes and Rolling up their Sleeves: Should Judges be Mediating – the Future of “Judicial Dispute Resolution” in B.C. Neil Hain, Chair

10 BARTALK / DECEMBER 2011

provide a forum for discussion of topics of interest related to civil and criminal appellate practice, primarily in the B.C. Court of Appeal, but also in the Supreme Court of Canada and B.C. Supreme Court. The Section will consider procedural and substantive law, and oral and written advocacy, relevant to appellate practice in those courts. The Section currently has 96 members, including eight from interior B.C. and Vancouver Island as well as members from the Department of Justice and the Criminal Bar. Meetings are held at lunch times at the offices of our Executive members. The Executive welcomes joint meetings with other Sections, e.g. a joint meeting with the Legal Research Section on November 29, 2011, on the topic of factum writing. Speakers will include leading appellate counsel, and justices and legal officers of the Court of Appeal (e.g. registrar and law officer).

The Appellate Advocacy Sec-

 tion held its inaugural meet-

ing on September 22, 2011. Tim Outerbridge, Law Officer at the British Columbia Court of Appeal, discussed recent rule amendments and his role as Law Officer. Mr. Outerbridge explained the rationale behind recent changes and answered questions regarding their implementation. He also informed the Section of amendments,

which are currently being contemplated by the Court of Appeal. For example, the court is concerned that there is uncertainty regarding whether orders are final or interlocutory and is currently finalizing a closed list of matters for which leave to appeal is required. Mr. Outerbridge also explained the court’s goals in advancing the electronic-court project. He expressed his hope that the Appellate Advocacy Section will provide an opportunity for communication between the Bar and the court and opened the floor for feedback from counsel.

Charities and Not-For-Profit Law Ian Moes and Chris Becker of Kuhn LLP presented on Guidelines for Charities Operating Internationally. The presentation addressed how charities should structure international activities, how to meet CRA requirements, and how to assess the advantages and disadvantages of using various intermediaries (agents, contractors, cooperative participants, joint venture participants). There are good reasons to prefer contractors to agents: limiting vicarious liability, and shifting to an invoice-forservices model. The speakers also discussed compliance with existing anti-terrorism legislation and CRA policies, noting the potential risks to charities operating in regions where terrorists are present. Overall, the CRA policy is ambiguous and disconnected from the actual legislation, and charities must exercise due diligence in assessing their risks of inadvertently or indirectly supporting terrorism. The meeting concluded with a discussion period.



Alternate Dispute Resolution Vancouver

SECTION NOTICE

The Honourable Judge Donna

Senniw (Provincial Court of

B.C.), Mr. Gordon Turriff, QC (counsel to Stikeman Elliott LLP), and David Merner (Ministry of Attorney General) tackled the issue of “Judicial Dispute Resolution” or “JDR.” They described a wide variety of JDR processes involving mediation, settlement conferences, trial conferences and mini trials. Questions focused on what is the role of judges: to resolve problems or provide answers and finality to issues? The panel examined JDR processes currently applied across the country and debated controversial issues, including the following. Should disputes be streamed into either an adjudicative or “settlement oriented” process depending on the nature of the case and the needs of the parties? Can the parties be empowered to select their judge drawn from a pool of specially trained judges? Should the JDR approach be facilitative, evaluative or a hybrid? Should judges caucus separately with the parties? How does this fit with the traditional view that judges should be neutral and the current policy of the Provincial Court promoting judges to be generalists? It was a fascinating and thought-provoking session!

For enrolled CBA members, more detailed information and available minutes from the Section meetings are online at www.cba.org/bc in Sections under Professional Development.

Tracking Tool and CPD Hours A friendly reminder to all B.C. lawyers: your 12 credits of CPD are due for reporting on December 31, 2011. Here are some simple tips for entering your CBABC hours through the CBA Tracking Tool. Hours eligible for CPD are added to the Tracking Tool (http://cba.org/pd/ trackingTool.aspx) after each meeting is completed and sign-in sheets have been returned to the CBABC office by the Section Secretary. The Hours Attended field will be defaulted to 0.00. Follow the Edit link to the Events Detail page to amend the hours attended. The number of hours accredited for the meeting will be provided as reference on this page. On the Law Society of B.C. website, Section meeting attendance is recorded under the individual Section rather than by topic. Search for the Section under which the hours should be applied, and use the course dates of January 1, 2011 to December 31, 2011.

GO ONLINE FOR MORE INFORMATION

DECEMBER 2011 / BARTALK 11

features SHERELLE GOODWIN

Succession Planning, It’s Good Practice Are you prepared?

hat would happen to your clients if you were suddenly unable to practise? Are you prepared? It’s as important to have contingency plans in place for your practice as it is for your personal estate. When sole practitioner Michelle Taylor1 died suddenly, her common law partner didn’t know what to do. His grief was understandably raw and he should not have had to cope with the added burden of his loved one’s legal practice. Michelle practised by herself and had not designated a winding up caretaker, so there was no obvious person to deal with her client files. With nowhere else to turn, her grieving partner spoke with the only other lawyer in town who advised him to call the Law Society. INADVERTENTLY LEAVING A POTENTIAL LIABILITY TO YOUR ESTATE Had Michelle taken the critical step of succession planning for her practice, what happened next could have gone very differently. As she had made no such plans, the Law Society made an application to the court to be appointed custodian in order to protect and assist her clients. In such cases, the Law Society is entitled to seek costs for the expense of the custodianship from the estate. Thus,

12 BARTALK / DECEMBER 2011

instead of leaving a legal practice behind as an asset to the estate, a lawyer, such as Taylor, may inadvertently be leaving a liability to the estate for the cost of winding up the practice. This is likely not the legacy she intended. Aside from the potential financial cost, a custodianship also requires loved ones to have additional conversations and make quick business decisions during an already difficult time. Furthermore, a lawyer acting as the designated custodian will need to get up to speed with an unfamiliar practice, files and client base in order to assist the clients. All of that takes time and can add to the cost. THE LAW SOCIETY CAN HELP The Law Society is working to make it as easy as possible for lawyers to make such plans and has launched a campaign entitled Succession planning: it’s good practice to raise awareness of the particular need for sole practitioners to plan ahead for the future of their practices. Law Society data indicates only 12 per cent of sole practitioners over 50 years of age have a designated winding up caretaker. Many lawyers don’t have the time or desire to think about succession

planning or may find it uncomfortable to plan for the possibility of their own disability or death. But it’s as important to have contingency plans in place for your practice as it is for your personal estate. Planning lets you choose who will be your winding up caretaker, what details that lawyer will handle and on what financial terms. It means the Law Society doesn’t need to step in as a custodian, which saves everyone time and money. It also gives the clients certainty. Custodians can’t meet the ongoing needs of the clients on a long-term basis, but a pre-chosen successor can, which gives clients continuity of care in a timely manner and also helps to control costs. HOW TO START SUCCESSION PLANNING If you are a sole practitioner, take the time now to think about succession planning. You may want to consider “buddying up” with another sole practitioner to act as each other’s winding up caretaker. The Law Society is available to help and has developed tools, including sample documents, on the website in the Practice Support section to make the planning process easy. Lawyers with questions should contact the Custodianships department at 604-669-2533 or by email to custodianship@lsbc.org.

Name changed to protect identity.

Sherelle Goodwin, Manager, Custodianships, Law Society of British Columbia.

GERALD LECOVIN, QC

How to Succeed at Succession It ain’t over ’til the fat lady sings

uccession implies retirement and retirement brings with it a series of obligations that must be planned for. These can be divided roughly into three parts: obligations to the Law Society, to your clients, and to yourself. Graeme Keirstead has written on the problems involved when one fails to make arrangements for someone to take over one’s practice and forces the Law Society to step in. The Law Society also mandates that files must be kept for a period of time – at least 10 years to cover the Limitation Act. Different types of files, e.g. those involving minors and those where continuing obligations are involved, may require longer custodianship than others. For the former, I would suggest 10 years past the child becoming an adult. For the latter, 10 years after that which is to be performed in a contract or agreement, has been performed. Wills of course, must be kept forever in a fire proof container. My thought is that when the client dies, the file should be kept until the completion of the probate process. Frequently a former client has made a new Will with another lawyer, unbeknownst to you. The only answer I can think of for this is to check periodically with Vital Statistics to see if your client has died. However, these problems may be covered in the article: The Law Society > Practice Resources > Closed Files: Retention and Disposition. Some lawyers have avoided

file retention problems by inserting in the solicitor-client agreement signed at the outset of the relationship, a clause permitting the lawyer to destroy the client’s file within X days of it not being removed by the client after notification. I do not know whether this clause has been tested in the courts. Other lawyers just take their remaining files home, keep them in their basement, and inform the Law Society should an enquiry be made. Once you have arranged for someone to hold these files for you, inform the Law Society of the name of that person. Active files have to be turned over to other lawyers, and preferably, not a week before a trial is to take place. Company offices have to be transferred and the Registrar of Companies notified, and filings made. Unless a sole practitioner is able to sell his/her practice to someone who will take over these obligations, he/she must see to them him/herself. Inform the Law Society of your intention to cease practice. It is nicer than being struck off the rolls for failure to pay dues. In firms, the matter of custody of files and change of registered offices is not a problem. Transition of clients, payment out of capital and financial planning has usually been planned for well in advance. As to one’s obligation to oneself,

some people have developed other interests over the years and merely expand their participation in them after retirement. Others, whose sole life has been the law, find themselves with nothing to do. The Lawyer Assistance Program has developed seminars and workshops geared to assist those about to retire, retiring or already retired, called “Refirement.” But these cannot help with financial preparation for retirement, which must start early on. Absent pension plans available in the corporate and public sectors, lawyers must start early, putting away money in their RRSPs. The large earning years usually coincide with the period after the family has been educated and sent off. It is during that period that a large amount can and should be set aside for retirement purposes. While most of us have our social circle outside of the law, we spend a great deal of time with other lawyers and are loath to give up the camaraderie engendered thereby. Unlike universities, we have no alumni organization. However, the Senior Lawyers Section of the CBABC meets several times a year for dinner, lectures, and social intercourse and is open to former lawyers. I have tried to point out that some planning for retirement must be done many years in advance. I myself made mine 46 years ago when I begat Mark Lecovin, my junior partner and successor. See also: The Law Society > Practice Resources > Succession Planning > Guide to Closing Your Practice. Gerald Lecovin, QC of Gerald J Lecovin & Company. DECEMBER 2011 / BARTALK 13

features JOHN LAKES

Not Everyone Wants to Do Mergers and Acquisitions Who’s going to be my lawyer when you are gone?

ecently, about 25 lawyers and notaries practising on the North Shore gathered for lunch to honour one of our colleagues who is retiring after 42 years of practising law on the North Shore. The youngest person present was in his mid-fifties and the average age in the crowd was about 62. The lawyers were primarily solicitors who are sole practitioners or who practice in small (six members and under) law firms. We lamented the facts that: A. when we opened our practices we were all in our 30s or 40s, but now very few lawyers on the North Shore who work as practitioners for the middle class are under 50; B. the lawyers would like to have a succession plan, but have been unable to find successors; C. all of the lawyers are busy and felt their practices were “recession proof”; and D. all of the lawyers are worried about what will happen to their clients once they retire, and in turn when the lawyers advise their clients they are thinking of retiring, many clients are upset that they are losing their lawyer, with no replacement lawyer in sight. It has been a time-honoured tradition for a lawyer to serve the legal needs of the middle class. With a few exceptions, the true

14 BARTALK / DECEMBER 2011

general practitioner, who provides both solicitor and litigation services, seems to have disappeared. However, there is still a need and there shall always be a need for lawyers to provide general legal services to the middle class. In this age of specialty, a general practitioner is looked upon by various groups (including other lawyers) as old fashioned, inefficient, lacking skills or uneconomic. The general practitioner has had to adapt to the changes in technology, marketing, management and changes in the law, just like any other member of the legal profession. There is nothing “old fashioned” in most general practitioners’ practices. In fact, some general practitioners are leaders in change.

Lawyers would like to have a succession plan, but have been unable to find successors. It took many years for the medical profession to recognize that being a “general practitioner” was a specialty in itself. This discovery,

by the medical profession, may have come too late for the members of the public who no longer have a family doctor. I think it is time for the legal profession to recognize the value of the general legal practitioners – whether solicitors or litigators – before they are all gone. General practitioners provide: A. the bulk of the legal services to the middle class and small business communities who generally do not require specialized legal services from large law firms; B. a skill-set sufficient to determine the problem or problems of the client and then resolve them, or to refer the client to a “specialist”; C. the ability to handle the bulk of referrals from the Lawyer Referral Program; D. the face of the legal profession within their communities; E. a balanced professional life before “Work/Life Balance” was trendy; and F. a knowledge of hands on business issues, as they operate a law firm, which itself is a small business. There is an opportunity for younger lawyers to become part of the succession plan for general litigators and general solicitors. Many of the general practitioners will be retired in the next 10 or 15 years, yet the legal issues faced by the middle class will continue to exist. After all, not everyone wants to do mergers and acquisitions. John Lakes, Barrister and Solicitor, Lakes, Whyte LLP.

MARY MCEWAN

Small Firm Succession Planning Value in a proactive approach

uccession planning is a topic of great interest and concern to lawyers in small firms. There is much to consider, even assuming that lawyers exit because of retirement and not disability or untimely death. Lawyers approaching retirement seek assurance that their clients will continue to receive quality service from the firm after the lawyer’s retirement. Junior lawyers need to feel secure that the firm will continue as a vibrant entity after the retirement of key senior lawyers. Lawyers seem to hesitate to discuss retirement succession for various reasons. Most lawyers prioritize client matters and the daily management of the lawyers’ practice over succession planning. Senior lawyers may be uncomfortable discussing their own retirement; junior lawyers may feel that it is impolite to discuss the retirement of a senior lawyer. However awkward or uncomfortable, succession planning is critical in small firms. Without it, senior lawyers may be unable to retire for lack of a successor (whether the successor is another lawyer or the firm at large). Junior lawyers may find that they do not have the skills necessary to replace senior lawyers. One approach to succession planning in small firms is to include all lawyers in planned discussions about succession, and then to gather individual plans from

those involved. The firm can frame the discussion in terms of meeting the needs of clients, the firm, and individual lawyers. This approach gives lawyers freedom to discuss succession, and should eliminate some of the discomfort that lawyers might otherwise feel in raising the topic. Senior lawyers can take comfort in knowing that their partners and associates are aware of their intentions. Junior lawyers will be engaged in the firm’s future, which may increase loyalty to the firm. From a management perspective, this approach gathers critical information about target retirement dates and the roles that individual lawyers hope to undertake in the firm’s succession plan. This information positions management to assess needs, set timelines,

Succession planning is critical in small firms. and develop strategies, all to help ensure that the firm remains vibrant through the retirement of key senior lawyers and that transitions are made smoothly. Apart from developing a succession plan, this proactive approach provides value to the firm

in other ways. Good communication fosters quality relationships. The simple act of speaking frankly with one another about a sensitive topic can enhance relationships among lawyers in the firm. The firm must structure and manage discussions well to achieve this benefit. Depending on a firm’s dynamics, it may wish to hire an external consultant to assist with part or all of the process. Every firm can tailor this approach to meet its needs. For example, a firm may include nonlawyer employees in discussions and in its succession planning, in recognition of the critical role that key non-lawyer employees play in servicing clients. The strategies that result from discussions surrounding succession may succeed or they may fail, but there will be a plan. Those responsible for implementing the plan may modify it as circumstances change, and it is possible (and perhaps likely) that succession will not go as planned. However, the value of this proactive approach extends beyond the resulting plan: management will have valuable information to aid in further planning and decision making; members of the firm will enhance their relationships; and lawyers will be more open to frank discussions about succession and retirement. Any plan can fail and is likely to change, and so the additional value delivered by this proactive approach to succession planning makes it particularly attractive. Mary McEwan is an associate at McEwan & Co. Law Corporation. DECEMBER 2011 / BARTALK 15

feature CHRISTINE MURRAY

A Questionnaire About Planning for Retirement ... and life after the practice of law

rnold “Arny” Murray Abramson graduated from the University of British Columbia with a Bachelor of Laws in 1968 (being awarded the gold medal from the Law Society), articled in Vancouver with Bourne, Lyall, Shier, Davenport and Spencer, and was called to the Bar in British Columbia in 1969. After a career of more than 40 years as a practising lawyer, which included partnership at Davis and Company (now Davis LLP) and working as legal counsel at the Legal Services Department of BC Hydro for the last 10 years, Arny retired in 2010. Arny remains active in the community serving as a director and officer of the Hillel Endowment Foundation, of the Jewish Home for the Aged of British Columbia, operating as the Louis Brier Home and Hospital, and as a director of the Louis Brier Jewish Residence Society. Arny has taken some time to answer questions about planning for retirement and life after the practice of law. Q: Has life slowed down since retirement? How have you been keeping busy?

Life has not really slowed down since I retired. I often used to hear my retired friends telling me that they did not know how they had time to work before they retired. I often feel the same way. 16 BARTALK / DECEMBER 2011

After I retired, my wife Carole and I went on a 40-day cruise around South America. Shortly after we returned home, I finally got to adopt a seven-week-old Rhodesian Ridgeback puppy. I have taken a course in photography to learn how to use my digital camera more effectively and how to “edit” my photos.

to interact with business people and go downtown. Q: How did you deal with your files and ongoing work leading up to retirement?

That was the easiest thing to deal with. Those that were not finished were distributed to various other lawyers in the department. I passed the files on before I left and explained the status of each to the lucky recipients. Q: Are there still files from your practice that keep you up at night?

In no way!

Q: Is there anything that surprised you about retirement?

I was surprised to learn that the commonly held belief that you need less to live on after retirement than you did while working is not true, at least not for my wife and me. It is true that I probably spend less on clothes, lunches and driving to and from work, but I am certainly spending about the same amount every month as I was before. Q: What do you miss the most about practising law?

Probably I miss working with people and offering advice and help more than anything else. I have become active on a few boards the last few years, so that has helped. Also, I meet one of my former colleagues at BC Hydro Legal occasionally for lunch and that is nice. Lastly, I did remain on a BC Hydro corporate committee, which meets about four times a year, so I still get the opportunity

Q: What advice do you have for lawyers who are starting to plan for retirement (in their twenties and thirties)?

Max out their RRSP contributions and their TFSA contributions. Have other interests than the law so you can keep busy. Get up early in the morning once you retire and keep busy. Q: Finally, what is your favourite quote?

“The moving finger writes; and, having writ, moves on.” – I have liked it for many years.

Left: Arnold “Arny” Murray Abramson, retired lawyer. Right: Family Lawyer Christine Murray practises at Berge Hart Cassels LLP.

guest NICOLE HOLAS

Want to Start Your Own Law Firm? Here are some things to consider...

onsider this hypothetical situation. You are a lawyer who wants to start your own firm. What do you need to consider? In no specific order, here are some topics to ponder before you leap into the world of solo practice. KNOWLEDGE When you work on your own, you lose the colleague down the hall with whom you discussed files. However, you can join a CBABC Section, if you haven’t already, or consider finding a mentor. The CBABC offers a Mentoring Registry, and the CBA B.C. Women Lawyers Forum operates a mentoring program. As an added bonus, The Law Society of British Columbia (LSBC) accepts mentoring as an accredited activity to fulfill a lawyer’s Continuing Professional Development.

FINANCING Opening your own firm has a mystique about it. You imagine you’ll bring home more money, because you’re not giving 55 per cent of your billings to the boss. Unfortunately, most of your billings will be going to your firm. You will need to pay for office space, process servers, CBA and LSBC fees, continuing education courses, books, computer equipment and software, etc. Consider sharing office space with another lawyer.

By sharing an office, you can share costs and possibly have a colleague with whom to discuss issues. Or you may want the convenience of working at home, and use a “virtual office” to meet your clients. Whatever choice you make, you need to consider the tax implications and speak to an accountant. Also, consult an accountant if you own a vehicle and want to use it for work purposes. To cover your initial start-up costs, consider a business line of credit or small business loan. Also, consider your personal takings and your firm’s operating costs. ACCOUNTS As a lawyer, you are ultimately responsible to your clients and the LSBC for your accounts. Know the origin of every dollar deposited, and the destination of every dollar withdrawn by having signing authority over all of your accounts. Know the difference between a General and Trust account and keep your personal accounts separate from your business accounts. Ensure you know the LSBC Rules regarding trust accounts. A bookkeeper who understands legal bookkeeping is a valuable asset. Talk to your colleagues for referrals. Also, consider hiring an accountant to assist you with your taxes.

CLIENTS AND CLIENT FILES To invite your current clients to follow you to your new practice, refer to LSBC Professional Conduct Handbook. To attract new clients, you can enroll in the CBABC’s Lawyer Referral Service. If necessary, refresh your knowledge of the LSBC Rules on Client Identification and Verification. LEGAL ASSISTANT Your legal assistant is a valuable member of your team. She can perform various administrative tasks, leaving you to focus on legal matters. As the lawyer, you are responsible to the LSBC for any work your legal assistant does or does not complete. Outline your assistant’s roles and duties in a written contract, and include wages, vacation entitlement, and performance expectations. Your assistant’s education and experience requirements will depend on your areas of practice. Ask for references and talk to all of them. Find out how your potential assistant performs under pressure, how well she communicates and how she responds to criticism. Remember, your assistant is an employee, and not a friend, no matter how close the two of you become. You need to feel comfortable coaching and correcting her as needed, because your reputation and livelihood could depend on it. Before you venture down the fulfilling, thrilling road of solo practice, talk to a Practice Standards advisor at the LSBC. Nicole Holas, Lawyer. DECEMBER 2011 / BARTALK 17

news&events CBA NATIONAL NEWS

Intervention at SCC

CBA NATIONAL NEWS

CBA Mid-Winter 2012: Come for the Business, Stay for the Sunshine! Report. Debate. Vote on resolutions dealing with public policy and CBA governance, at the MidWinter Meeting of Council in the Mayan Riviera, Mexico, February 10-12, 2012. The Fairmont Mayakoba boasts all the best the region has to offer, from golf and beaches to lagoons and jungle. Book your stay online or by phone at 1-800-441-1414, and quote code

CBAM12 for the group rate. Not a Council member? You may be eligible to vote at Council. Please contact Caroline Nevin at cnevin@bccba.org and ask about being named as an alternate for another Council member who cannot attend. Details  www.cba.org/mayakoba2012 GO ONLINE FOR MORE INFORMATION

CBABC Branch Office Staff in Full Halloween Spirit

18 BARTALK / DECEMBER 2011

On October 12, the CBA intervened at the Supreme Court of Canada in Saskatchewan Human Rights Commission v. Whatcott. The CBA’s pro bono legal counsel, David Matas of Winnipeg, focused his arguments on the constitutionality of s. 14(1)(b) of the Saskatchewan Human Rights Code, which prohibits the publication of material that “exposes or tends to expose to hatred, ridicules, belittles or otherwise affronts the dignity of any person or class of persons on the basis of a prohibited ground.” Mr. Whatcott argued that s. 14(1)(b) violated his freedom of expression under s. 2(b) or freedom of religion under s. 2(c) of the Canadian Charter of Rights and Freedoms. The CBA advocated an interpretation of constitutionality based on the international context, including international conventions to which Canada is a party. CBA also argued against the Court overturning its 1990 ruling in Canada (Human Rights Commission) v. Taylor, a case in which the Supreme Court of Canada upheld a comparable provision to s. 14(1)(b) as constitutional (i.e., s. 13 of the Canadian Human Rights Act). Watch the hearing (CBA  intervention at counter 216) http://scc-csc-gc.insinc.com/ en/clip.php?url=c/486/1938/2 01110120501wv150en,001Cont ent-Type:%20text/html;%20 charset=ISO-8859-1

CBA NATIONAL NEWS

CBA Applauds Confirmation of Two New Judges to SCC

CBA Critiques Bill C-10 at Parliamentary Committee

The CBA has welcomed Justices Andromache Karakatsanis and Michael Moldaver as the newest members of the Supreme Court of Canada. “Both justices are highly qualified individuals who will serve Canadians well at the Supreme Court of Canada,” says CBA President Trinda L. Ernst, QC, of Kentville, Nova Scotia. “They bring unique qualities to the highest court: Justice Karakatsanis offers extensive experience from government, while Justice Moldaver brings a strong background in criminal law.” Both justices sat on the Ontario Court of Appeal. They replace Justices Ian Binnie and Louise Charron, who announced their retirements last spring.

CBA NATIONAL NEWS

PD Video Now Online: Whose Privilege Is It? A video of the session entitled “Whose Privilege Is It?” first presented live at the CBA’s Canadian Legal Conference in August, is now available for viewing on the CBA website. The video features a rapid-fire debate between Professor Adam Dodek of Ottawa (University of Ottawa, Faculty of Law) and Mahmud Jamal of Toronto (Osler LLP). This lively and entertaining session is an initiative of the CBA Ethics and Professional Responsibility Committee. The debate explores whether privilege should be extended to the clients of non-lawyer professionals, including paralegals; whether corporations and governments should benefit from solicitor-client privilege, or whether it should be limited to individuals; and whether the exceptions to the lawyer’s duty of confidentiality should be expanded to include reasonable belief of financial harm. Time spent watching this program may be applied toward the annual CPD requirement in Northwest Territories. Full details on accreditation are  available online on the CBA website at:

www.cba.org/cba/activities/code/ debate.aspx Top: Mahmud Jamal Bottom: Adam Dodek

The CBA has serious concerns about the general direction of Bill C-10, Safe Streets and Communities Act, suggesting it is contrary to what is known to lead to a safer society, and would move Canada along a road that has failed in other countries, at great expense. “The CBA offers its critique of Bill C-10 on the basis of a solid foundation of evidence and experience,” said Eric Gottardi, Vice-Chair of the CBA’s National Criminal Justice Section. “Criminal law should be based on the most effective policies and best use of public resources.” In its approximately 100-page submission, the CBA says the legislation adopts a punitive approach to criminal behaviour, rather than a focus on how to prevent that behaviour in the first place, or rehabilitate those who offend. “As most offenders will one day return to their communities, prevention and rehabilitation are most likely to contribute to public safety,” the brief notes. The CBA’s National Immigration Law Section has raised concerns with proposals in Bill C-10 aimed at protecting vulnerable immigrants. “While providing assistance to trafficked and other vulnerable people is laudable, these proposals would introduce a scheme that is vague, confused and potentially harmful to the very people it seeks to protect,” says the CBA brief. Eric Gottardi of Vancouver and Prof. Michael Jackson of the Faculty of Law at the University of British Columbia and member of the CBA’s Committee on Imprisonment and Release presented the CBA brief to the House of Commons Standing Committee on Justice and Human Rights on October 18.

GO ONLINE FOR MORE INFORMATION

DECEMBER 2011 / BARTALK 19

news&events CBABC WLF NEWS

FEATURE

CBA, B.C. WLF Mentoring Program 2012

Succession Planning: Tools, Documents and Resources

Last call for those interested in signing up for the B.C. Women Lawyers Forum, 2012 Mentoring Program. Whether you are looking for advice on business development, practice management, or support from someone outside of your firm or community, the B.C. WLF’s Mentoring Program connects women lawyers from throughout the province. Now in its 8th year, the B.C. WLF’s Mentoring Program has matched more than 800 women lawyers. Mentors and Mentees may be practising, non-practising or retired members of the Law Society of British Columbia. There is no minimum number of years of call to be a Mentor or Mentee, and peer mentoring is also encouraged. Membership in the B.C. WLF is required to participate in this program. If you are interested in learning more about the 2012 B.C. WLF Mentoring Program, or to join the WLF, please contact sections@bccba.org.

CBA, B.C. WLF Senior Women Lawyers’ Dinner – January 11, 2012 Is your 50th birthday a memory? Do you remember receiving legal correspondence via telex or thermal paper fax machines? Are your days as a soccer or ballet mom over? If so, the B.C. WLF’s Senior Women Lawyers’ Dinner is for you! This annual dinner provides an opportunity for senior women lawyers to network with peers, and to engage in dialogue with a special speaker. Membership in the WLF is required to attend. Contact sections@bccba.org to join the B.C. WLF, and look for event registration details.

NEWS

CLEBC Update INCAPACITY PROVISIONS AND WESA We’ve been working hard at CLEBC to educate the profession about the new incapacity laws that came into force on September 1, 2011, and the Wills, Estates and Succession Act, expected to come into force in 2012. The WESA repeals and replaces existing wills and estates statues, and introduces many new substantive legal principles and procedural changes.

20 BARTALK / DECEMBER 2011

The new statute is expected to be amended before it comes into force. The fall 2011 update to Wills Precedents: an Annotated Guide incorporates changes to reflect the new incapacity provisions. The authors have also considered the wills drafting implications of the WESA. Despite some uncertainty as to the timing and final form of the WESA, practitioners can assist clients by considering some drafting and practice implications now. The authors have addressed many drafting issues, including some that are evolving. The next edition of Wills

The Law Society  of British Columbia’s website provides a wealth of information on succession planning. www.lawsociety.bc.ca/page. cfm?cid=355&t=Preparingto-leave-or-move-yourpractice

Precedents, likely soon after the WESA comes into force, will introduce further amendments to the clauses and commentary. The fully annotated text of the WESA appears in CLEBC’s WESA Transition Guide. The Transition Guide also includes a narrative overview, tables of concordance, and several topical chapters on key emerging issues. For further information, contact CLEBC customer service at 604893-2121, or visit our website at www.cle.bc.ca.

B.C. LEGISLATIVE UPDATE

ACTS IN FORCE There are no Acts in Force from August 31 to November 1, 2011. The Legislative Assembly of B.C. is in session from October 4 to November 24, 2011. B.C. 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.

BRANCH & BAR

Calendar DECEMBER 2

Aboriginal Lawyers Forum Holiday Banquet

CBABC PD Joint Seminar: Undertakings – Avoiding the Pitfalls

CBABC PD Seminar: Diversity: Equality in Action – Principles, Problems and Practicalities

10 Provincial Council

JANUARY 11

CBABC WLF Senior Women Lawyers’ Dinner

12 Past Presidents’ Dinner

NEWS

Pro Bono Going Public 2011: An Occupation of Benevolence This September, dozens of lawyers gathered in public squares in Vancouver, Kelowna and Victoria as part of Pro Bono Going Public – an annual legal service, awareness and fundraising campaign organized by Access Pro Bono. Over the course of three days, 94 volunteer lawyers, supervised paralegals and law students provided free legal advice and assistance to 144 pre-booked and walk-up clients. Clients were overwhelmingly appreciative of the opportunity to receive free legal advice at a time and place where they did not necessarily expect it. Many of them expressed that the experience renewed their faith in the kindness of lawyers and alleviated stresses and fears that had accumulated over months and years. One lawyer named Andrew Pilliar took the “street legal” concept to another level by helping a new immigrant from Africa to resolve a potentially crippling contract dispute with her mobile telephone service provider. Realizing that his client did not speak

English and would not be able to negotiate or advocate for herself, Mr. Pilliar accompanied his client to the company’s nearest retail location and negotiated a settlement with its accounts department within a few hours.

L-R: Michelle Quigg (APB staff); Heidi Taylor (2011 Kelowna Bar Association President); and Annie Baric (APB staff).

The event also succeeded in raising considerable public awareness concerning the widespread availability of Access Pro Bono’s legal advice clinics, the traditional

and substantial benevolence of B.C.’s pro bono lawyers, the growing access to justice crisis and the funding problems of the legal aid system. National newspapers, regional radio and local television media outlets covered the event and cast a bright light on the legal aid issue and lawyers’ considerable efforts to increase access to justice in B.C. Last but certainly not least, participating lawyers raised $42,000 in support of Access Pro Bono’s direct pro bono services, surpassing last year’s total by several thousand dollars. That amount, coupled with $13,000 in corporate sponsorships (including title sponsorship from the CBABC Branch), will significantly help Access Pro Bono to continue the expansion of its pro bono programs as it forges ahead into 2012. The top fundraising lawyers were Greg Heywood, Roy Millen and Meika Lalonde, while the top fundraising law firms were Blake, Cassels & Graydon LLP, Pushor Mitchell LLP and Lawson Lundell LLP. DECEMBER 2011 / BARTALK 21

news&events COURTHOUSE LIBRARY BC NEWS

Courthouse Libraries BC’s Survey Results Ronald Smith, QC, won the Kindle™, but thanks to all 85 Courthouse Libraries BC survey respondents for revealing that live webinars, and in-person formats rank best among lawyers. Juniors prefer group learning; mid-year calls like online tutorials completed in their own time; senior calls prefer lunch or after-office learning sessions. The survey also revealed the rising popularity of CanLII for legal research, with lawyers more hungry for training in free tools than subscription-based ones.

Final CPD Credits for 2011 Check www.courthouselibrary.ca/training for free CPD opportunities. Westlaw Wednesdays offer drop-in and webinar LawSource and CriminalSource training, and personalised sessions too. Soon, the Library will unveil a half-day program (covering Quicklaw, Westlaw, CanLII and more) where lawyers get CPD credit to amp up their research skills at no cost. Quesnel, Cranbrook and Courtenay lawyers will be first to receive this training session between now and early 2012. For training info, email mmaddigan@courthouselibrary.ca.

Guest Blogs No longer “the refuge of compulsive exhibitionists,” blogs are joining conventional media as viable sources of legal information. The Library’s blog, The Stream, contains a growing number of guest posts from B.C. practitioners. Find out about joining your voice to The Stream; email nrussell@courthouselibrary.ca.

EVENT RECAP

The B.C. WLF Fall Launch and Hot Tips from Hot Mentors Event On September 22, 2011, the B.C. WLF started the season with the B.C. WLF Fall Launch and the highly successful Hot Tips from Hot Mentors event. Madam Justice Nicole Garson led the way, followed by practitioners Amy Davison, Nicole Byres, Joan Gordon, Nicole Garton-Jones, Melinda Voros and Janis McAfee sharing their experiences and advice for the benefit of more than one hundred women lawyers who attended. These mentors offered “hot tips” on issues relevant to women lawyers, including how to: take control of your career, find your niche and achieve success, and capitalize on your strengths and communicate effectively, particularly with intimidating people. Valuable advice was also imparted on the benefits of volunteering, using technology efficiently, and how to balance work with family and extracurricular activities. The insight and wisdom provided by these mentors was both inspiring and motivating.

22 BARTALK / DECEMBER 2011

NEWS

Aboriginal Lawyers Forum Update The CBABC Aboriginal Lawyers Forum (“ALF”) is poised for another big year. It’s the ALF’s second year as part of the CBABC and the third in existence. So far this year, we have published the Fall 2011 Forum Drum newsletter (available on the CBABC website) and planned the 2011-2012 events. On November 9, 2011, the ALF hosted its first CPD Lunch and Learn with a presentation from Derek LaCroix, Executive Director, LAP. Be sure to get your tickets for the ALF Holiday Banquet on December 2, 2011 – with a special invitation to the lawyers of the Northwest Indian Bar Association of U.S.A. This event sold out last year, so get your tickets asap. To purchase tickets and/or sponsor a student please email Christina J. Cook at cjcook@bilkey.ca. Back by popular demand is the ALF’s Speed Mentoring in February 2012. May 4-6, 2012 will be the ALF Spa and Golf Retreat. Finally, the ALF is pleased to partner with the Department of Justice and McDonald & Co. for the 5th Annual National Aboriginal Day Online Auction and Reception in June 2012. For more information, please email ALF@bccba.org.

Guests at the 2011/2012 Fall Launch and “Hot Tips from Hot Mentors” event.

announcements LAW FOUNDATION OF BRITISH COLUMBIA

2012 Projects Initiative The Law Foundation has established a 2012 project initiative for one-time projects of up to $75,000. WHO CAN APPLY? A non-profit organization in British Columbia whose proposed time-limited project falls within one or more of the five statutory mandated areas of the Law Foundation: legal aid, legal education, legal research, law reform, and law libraries. AREAS OF ENCOURAGEMENT: The Law Foundation is particularly interested in receiving proposals that meet needs in the following areas: Aboriginal Legal Issues (for example: on reserve, residential schools, child protection); Consumer and Debt Issues (for example: payday loans, bankruptcy and foreclosures); Elder Law (for example: dementia, Alzheimer’s, powers of attorney, trusteeships); Family Law (for example: Family Maintenance Enforcement and Variation, the new Family Law Act); Legal Needs of Remote Geographical Areas; Public Legal Education (for example: applications with a focus on people with literacy issues or on public confidence in the justice system); or Technology (for example: projects that utilize technology in the delivery of legal services and /or public legal education). The Law Foundation will consider proposals in areas other than those listed above as long as they fall within the program objectives of the Law Foundation. GRANT SIZE: The maximum amount available for each project is $75,000. Note: If your project is for $15,000 or below, please apply under the Law Foundation’s Small Projects Initiative. For further information, including the deadline for Small Project applications, please contact the Law Foundation, see contact information below. For more information about the application process, including deadlines, and obtaining the required forms, please visit the LFBC website, www.lawfoundationbc.org or contact the Law Foundation of B.C., 1340 – 605 Robson Street, Vancouver, B.C. V6B 5J3 / Tel. 604-688-2337 / Email lfbc@tlfbc.org.

Law Foundation of British Columbia Graduate Fellowships 2012/2013 VALUE: Up to five (5) Awards of $13,750 each. (Subject to change) CLOSING DATE: All applications and supporting material must be received at the Law Foundation offices by January 6, 2012. Late or incomplete applications will not be considered. FIELD OF STUDY/ ELIGIBILITY: Full-time graduate studies in law or a law-related area. Please note that the pursuit of a Juris Doctor (JD), as a first law degree, does not constitute graduate studies for the purposes of the Law Foundation Graduate Fellowships. WHERE TENABLE: Recognized universities in Canada, the U.S. or abroad. NOTE: The Law Foundation Graduate Fellowship is not available for the graduate programs of the Faculties of Law at the University of British Columbia and the University of Victoria as the Law Foundation makes separate grants to the Graduate Fellowship programs at these universities. APPLICATIONS: Please visit the LFBC website, www.lawfoundationbc.org or contact the Law Foundation of B.C., 1340 – 605 Robson Street, Vancouver, B.C. V6B 5J3 / Tel. 604-688-2337 / Email lfbc@tlfbc.org for an application form or further information.

DECEMBER 2011 / BARTALK 23

professionaldevelopment EMAIL: PD@BCCBA.ORG

WEBSITE: CBA.ORG/PD 

Have you completed your 12 hours of required CPD hours? The deadline to report CPD for the year 2011 is December 31, 2011. Our courses are designed to meet the needs of lawyers while still maintaining the opportunity to network, advance one’s career, practice and business. CBABC prides itself in bringing courses to lawyers that will provide the required professional responsibility and ethics, client care and relations, and practice management component for 2011 Law Society reporting. Below are some of our webinar recordings available for repeat viewing. Please note: In order to meet the requirements of Law Society of B.C., we offer webinar repeats for groups of two or more lawyers in one location.

Past Webinars

The Winning Team: Paralegals and You

Is Social Media Right For My Practice and My Firm?

Introduction to Strategic Practice Management: Part One

Speakers: Abigail Atherton, Stevens Virgin; Lisa A. Evenson, Harper Grey LLP; Shelly Ion, The Law Society of B.C.; and Mark V. C. Virgin, Stevens Virgin.

Speakers: Chris Bennett, Davis LLP; Chilwin Cheng, Legal Process Solutions; Nicole Garton-Jones, Heritage Law

Speaker: Michael Litchfield, Managing Director, Thinklab Consulting Inc. Description: In part one of this multi-part webinar series, learn how the concepts of Strategic Management can benefit your legal practice. An introduction to the basic concepts of Strategic Management will be delivered, followed by a discussion of the practical application of various strategic principles to the foundational issues of time management and client management.

Moderator: Stuart Rennie, Legislation and Law Reform Officer, CBABC Description: As a result of demands in the marketplace, lawyers are increasingly employing paralegals in their law practices. Learn how to be a winning team with your paralegal. Stay on side of the ethical rules for delegating tasks to paralegals. Our expert presenters will teach you how to increase profits, improve client service and keep your competitive edge in your law practice.

Moderator: Doug Jasinski, Skunkworks Creative Group Inc. Description: Discussionoriented webinar, addressing the usefulness and implementation of social media for law firms. Areas covered will include implementing social media in variable contexts, value of specific media platforms, target audience and lawyer or firm objectives. One size does not fit all: emphasis placed on the fact that not all forms of social media will meet the needs of every lawyer or firm.

 For a complete list of webinar recordings and registration details and requirements, please contact Professional Development Department 604-646-7866 or 1-888-687-3404 ext. 329, or email pd@bccba.org.

memberservices EMAIL: MEMBERS@BCCBA.ORG

Seasonal promotions and special offers to members are promoted weekly via CBABC News and Jobs. Visit the CBABC website for links to various activities and promotions on the MEMBER SAVINGS page under MEMBERSHIP. BCLMA/CBABC Support Staff Compensation Survey 2011 – The results are in and available for purchase. Stay  competitive and know your market. Looking for holiday ideas? Wrap it up for the holidays with special pricing of hotel accommodation; B.C. Ski  Resorts; Lindt Chocolates; or even giving a copy of A Client’s Guide to Litigation to your clients.

24 BARTALK / DECEMBER 2011

displayads EMAIL: ADS@BCCBA.ORG

BarTalk Gets Results

T: 604.448.0200 | www.wldtax.com

We are Chartered Accountants who work with lawyers and Ànancial advisors to develop innovative US and cross-border tax strategies for clients with US investments and business operations. Our services include: • US Federal and state tax return preparation • Consulting on transfers to/from US • Acquisition of US real property

DISPLAY AD RATES

INSERT (all of B.C.)

FULL BACK PAGE $5,000

CBABC Members/Firms $1,440

FULL INTERIOR PAGE $3,500

Commercial Organizations $2,880

1/3 INTERIOR PAGE $1,620

Next deadline: January 13 Next mailing: February 3

1/6 INTERIOR PAGE $1,000

Direct BarTalk advertising inquiries to: CBABC Email: ads@bccba.org Tel: 604-646-7856 or 1-888-687-3404

Next deadline: January 6

Warren Dueck, FCA/CPA • Steve Flynn, CA/CPA • Laura McLeman, CA

BarTalk-1-6page_ad.indd 1

3/17/11 3:03:12 PM

WCB & CPP

DISABILITY APPEALS

GC 390 Howard Ave. Burnaby, B.C. V5B 3P8 Canada

604.591.8187

Endorsed by:

info@gosalandcompany.com www.gosalandcompany.com

GOSAL & COMPANY BARRISTERS & SOLICITORS

Sarj Gosal B.A., LL.B.

254 - 12899 76th Ave. Surrey, BC V3W 1E6

EVENT RECAP

CBABC UBC/UVic Mentoring Reception Scholarships 1

CBABC President Sharon Matthews presented the CBABC Entrance Scholarship of $4000 to Jamie Myrah of UVic (photo 1) and to Kayla Dobko of UBC (photo 2) for their achievements. John Waddell, QC presented the CBA Financial Services Law Student Achievement Award to Bruce Warnsby of UVic (photo 3). CBIA Board of Directors member and CBABC Provincial Council Representative Diana Dorey presented the CBA Financial Services Law Student Achievement Award to Noah Stewart of UBC (photo 4).

DECEMBER 2011 / BARTALK 25

barmoves Who’s Moving Where and When Helen Park

Damon Chisholm

has joined Ackah Business Immigration Law to continue her business immigration law practice and to lead the newly opened Vancouver location of the firm.

has been appointed a partner at McMillan LLP’s Vancouver office. He is a member of the firm’s Commercial Real Estate group. Damon’s practice focuses on all aspects of commercial real estate.

Brian McKenzie

James Munro

has joined Alexander Holburn Beaudin & Lang LLP as an associate. Brian has joined the firm’s Corporate/ Commercial Practice.

has been appointed a partner at McMillan LLP’s Vancouver office. He is a member of the firm’s Capital Markets and M&A group.

Jennifer O’Leary

Jill Pereira

has joined Alexander Holburn Beaudin & Lang LLP as an associate. Jennifer has joined the firm’s Insurance Practice.

has been appointed a partner at McMillan LLP’s Vancouver office. She is a member of the firm’s Financial Services group. Her practice focuses on banking and secured lending transactions.

Lisa Ridgedale

Ningyan (Sandy) Wang

has founded Ridgedale Law Corporation, a boutique business litigation firm. Ridgedale Law provides services in securities, corporate, commercial, criminal and financial services litigation.

has been appointed a partner at McMillan LLP’s Vancouver office. She is a member of the firm’s China Practice group. Sandy’s practice focuses on cross-border mergers and acquisitions, Canadian listings, and securities.

Andrei Mincov

Clark Roberts

has started Mincov Law Corporation through which he provides outside-thebox legal solutions primarily in the field of non-patent intellectual property.

is welcomed back to Gowling Lafleur Henderson LLP as partner and Chief Representative of the Gowlings International Inc. Beijing Representative Office.

26 BARTALK / DECEMBER 2011

newmembers SPACE IS AT A PREMIUM AND AVAILABLE ON A FIRST-COME FIRST-SERVED BASIS SO SEND YOUR BAR MOVE (MAX. 30 WORDS) AND PHOTO TO CBA@BCCBA.ORG NOW. FOR MORE BAR MOVES GO TO BARTALK ONLINE

Mathew P. Good joins Hordo Bennett Mounteer LLP, practising class actions and commercial litigation. He previously clerked at the B.C.C.A. and the Supreme Court of Canada.

September & October 2011 Associate Members

Articling Students

Christopher Graham

Ravneet Ahuja

Northstar Vancouver Jamshed Mistry

Maharashtra

Regular Members Charles Hotel formerly Director and Senior Counsel, VANOC, has joined the Omni Group of Companies as General Counsel.

Ryan Adkin

Thorsteinssons LLP Vancouver

Sangra Moller LLP Vancouver Michael Bissonnette

Jeremy Burgess

Katya S. Buck

Farris, Vaughan, Wills & Murphy LLP Kelowna

Race & Company LLP Squamish David Compton-Harvey

Synergy Business Lawyers Vancouver Matthew J. Ford

Epp Cates Oien Kamloops Crown Counsel-Regional New Westminster

Ryan R. Chalmers

Carman D. Kane

joins Fraser Milner Casgrain LLP as an associate, practising in the Construction/Infrastructure and P3 groups. Prior to joining FMC, Ryan was Legal Counsel to SNC-Lavalin.

Kamloops Brent Lichty

Guild Yule LLP Vancouver James Macdonnell

Kelowna Brian McKenzie

joins Fraser Milner Casgrain LLP as a consultant in its Financial Services group. Terry was senior in-house counsel to The Bank of Nova Scotia (Debt Products) and most recently practised with Bull, Housser & Tupper LLP.

Nick Ayling

Vancouver

Heather M. Guinn

Terence Whalen

Lawson Lundell LLP Vancouver

Mandell Pinder LLP Vancouver

John T. Burns joins Fraser Milner Casgrain LLP’s Construction and Infrastructure group as an associate. Lisa formerly practised at the Department of Justice Canada. Prior to that, she articled and practised with Davis LLP.

Scott Anderson

Alisha Bell

Fleming & Associates, Barristers & Solicitors Powell River

Lisa McDonald

Sucha S Ollek Law Corporation Vancouver

Alexander Holburn Beaudin & Lang LLP Vancouver Tina Parbhakar

Ministry of Attorney General-Civil Litigation Victoria Nancy R. Smith

Paterson Law Office Vancouver

Todd R. Ferguson

Campbell Froh May & Rice LLP Richmond David Gibbons

West Vancouver Katie Hamilton

Vancouver Sean Patrick Jones

McCarthy Tétrault LLP Vancouver Rachel Kelly

Jamal Law Group Langley Allie Ketcham

McMillan LLP Vancouver Imran Khan

Maple Ridge Katrina Leung

Vancouver Sophie Liang

Fraser Milner Casgrain LLP Vancouver To view all new  members, including Law Students, please visit www.cba.org/bc/

bartalk_11_15/12_11/ membership.aspx. DECEMBER 2011 / BARTALK 27

Print Made Easy.

You Want Print Made Easy We are print experts – so you don’t have to be. Trust us to guide your firm through your next print project so you can spend more time on what you’re an expert at. Scan the code to read how our customers have experienced print made easy or visit us at www.stillcreekpress.com/about/testimonials. Contact Jacqui or Cam at 604.437.5800

Connect with us!