BarTalk | June 2015

BEATING PROCRASTINATION | STRESS REDUCTION | MAINTAINING BALANCE

J UNE 2015 | bartalkonline.org

Practising Law With Joy

PAGE 12

news&events BARTALK EDITOR

Deborah Carfrae

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BARTALK SENIOR EDITOR

Maureen Cameron

STAFF CONTRIBUTORS

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EARLY BIRD REGISTRATION OPENS END OF MAY LETTER TO THE AUTHOR – RESPONSE TO THE FEBRUARY 2015 ISSUE

The Font at the End of the Universe by Tony Wilson I just read your piece in the most recent print edition of the CBABC BarTalk on fonts.

It’s a seemingly mundane topic that has intrigued me since I opened my practice three years ago. As you point out, it actually does matter. A lot. It is not coincidence that Times New Roman is called that, as it was developed by the Times of London and was meant to be easier to read than existing fonts.

You may have heard of Matthew Butterick, but, if not, then I thought you might be curious to read more about him. Matthew Butterick commands mountain tops on typography for lawyers. In fact, it’s what the Harvard and UCLA educated lawyer called his book: Typography for Lawyers.

There is a lot more than just fonts that goes into making something

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readable, as you know. It is extremely important for litigators in particular: if your written argument is more aesthetically pleasing and easier on the eyes to a judge than your counterpart’s, then the hope is that he or she will spend more time absorbing that argument than rubbing one’s eyes.

Anyway, thanks for this timely piece. Many lawyers feel hidebound to the existing fonts, as you point out, just because they are the existing fonts. It is a matter that I hope the courts consider in relaxing the rules and practice directives on fonts. This is especially true as courts move to e-filing and PDFs. As Butterick points out, a font that looks great on screen might look terrible on the printed page and vice versa.

— Michael McCubbin

Lawyer Referral Service Email: lawyerreferral@cbabc.org

JUNE 2015

VOLUME 27 / NUMBER 3

Contents

Departments

4

FROM THE PRESIDENT Putting the Lessons to Work

by Alex A. Shorten

5

EXECUTIVE DIRECTOR Out With the Old

by Caroline Nevin

6

PRACTICE TALK Time Management

by David J. Bilinsky

7

DAVE’S TECH TIPS

8

NOTHING OFFICIAL I’m Conducting an Opinion Poll!!!

by Tony Wilson

10

SECTION UPDATE Pensions and Benefits Law Intellectual Property & Technology Law Maritime Law Young Lawyers – Victoria

11

CHATTER WITH CHAIRS Michael Butterfield: Alternative Dispute Resolution (ADR) – Victoria Section

Sections

Features 12 PRACTISING LAW WITH JOY

by Linda K. Robertson 13 BEATING THE PROCRASTINATION HABIT

by Allison Wolf 14 MINDFULNESS-BASED STRESS REDUCTION

AND MEDITATION

by Susan Burak 20 FIVE TIPS FOR MAINTAINING A HEALTHY

SENSE OF BALANCE WHILE PRACTISING LAW

by Jerry Steele 21 RELIGIOUS LEGAL SYSTEMS IN CANADA

by Michael Welsh

Guests 9

WHAT’S IN IT FOR ME?

by Jennifer Lau

19 CBA YOUNG LAWYERS

by Stephanie Markovich

Inside This Issue In any demanding profession that has a customer service focus, it is just a matter of time before one’s work life balance is out of kilter. This can last for a day or, taken to extremes, it can become a way of life. The articles in this issue will introduce you to, or remind you of, certain tools and practices that can help balance your work and your life so that you achieve a state of Zen in all that you do. While aiming to tap into this elevated state, we thought it was fitting to include an article on the religious legal systems in Canada. Stay healthy and enjoy the read.

News and Events 2 WLF Leadership Conference

Letter to the Author 22 Meet Your CPD Requirements in 2.5 Days

Thriving or Just Surviving?

23 The Progressive Law Firm

Health & Wellness TIPS

Building a Better Lawyer – CBA Legal Conference 24 2015 CBABC Women Lawyers Forum Awards Luncheon

CLEBC Update 25 BC Legislative Update

Branch & Bar Calendar

Photos of WLF Retreat in Kamloops 26 Tips from Courthouse Libraries BC

Is Newer Better? Not Always

Virtual Legal Help 27 Photos of Law Week 2015

Also In This Issue

27 LAW FOUNDATION OF BRITISH COLUMBIA 28 PROFESSIONAL DEVELOPMENT 29 DISPLAY ADS 30 BAR MOVES 31 NEW MEMBERS

Click here for LEGAL OPPORTUNITIES and ads JUNE 2015 / BARTALK 3

FROM THE PRESIDENT ALEX A. SHORTEN

Putting the Lessons to Work Listening to the signs

T

he theme of this BarTalk issue is “Zen and the Art of Practising Law.” According to Wikipedia, “Zen is a school of Mahayana Buddhism. Zen emphasizes rigorous meditation-practice, insight into Buddha-nature, and the personal expression of this insight in daily life, especially for the benefit of others. As such, it de-emphasizes mere knowledge of sutras and doctrine and favours direct understanding through zazen and interaction with an accomplished teacher.”

It’s interesting to learn more about Zen – it’s another to put the “art of it” into practice. It is also a bit ironic that I am writing an article on wellness as I have, to my detriment, ignored most of the advice I have received on living a balanced life and dealing with stress throughout most of my career, and certainly before I was called to the Bar. Being a bit of a perfectionist and a first-class early deaths. I and others did worrier forms most of the barriers not confront them about the obthat I have erected to keep out vious signs they were displaying good advice from all who dared and they did live their lives as to help. Perhaps a Zen approach they thought they should so would have helped. Perhaps it still who was I to question? Both can. After all, we can still continue were outstanding lawyers, and to learn no matter what stage of if helped and if they accepted our career we may be at. help, they might be alive today.

From time to time, I did let a

I learned that if I delegated little light in and learned a few work to people smarter than me lessons. Today I still fret and they would do most of the work worry, but not about everything. that produced stress for me.

Stress is still a factor, but again I I found that team work not only handle it a lot better today than resulted in getting a lot more 10 years ago. work done, it helped build up So what has worked for me? in me a recognition that I could

Little by little, I started listenrely and trust others to do the ing to my family, friends and work, and then turn my skill set colleagues who recognized the to other uses such as coaching danger signs. and mentoring.

I received a wake-up call when I discovered that being a perfecI lost two of my best friends tionist was neither needed nor a to career and life-style-related useful quality.

4 BARTALK / JUNE 2015

I

became involved in volunteer work resulting in an increase in my contacts with all sorts of people who were willing to talk about their stress issues. This gave me a chance to make a few suggestions about not letting the law consume them and en-

danger relationships and health.

I learned how to refer prospective clients to others.

My wife and I rescued dogs.

Roscoe managed our lives for 10 years and now Charlie has been in charge of stress management for the last four years.

Wellness is an important issue for CBABC and for our members.

Go to our website cbabc.org and check out the resources available to the Legal Community and all the incredible information available to help those lawyers in crisis and those listening and practising wellness.

Alex A. Shorten

president@cbabc.org

EXECUTIVE DIRECTOR CAROLINE NEVIN

Out With the Old

Spring has sprung, and it’s time for renewal

W

hen the first weeks of spring start to green our view, there is an inevitable release of winter blahs and the world seems full of potential again. We feel rejuvenated, inspired and resolutely resolved to do better and be better. Now is the ideal time to declutter, streamline and re-prioritize our life, we think. So, once again, we dive into the task of clearing and cleaning, re-discovering what we truly value, and creating an environment that supports – rather than addles – our mental, physical, financial and spiritual health.

There are no end of resources to help de-clutter our lives.

Google “de-clutter” and you’ll be faced with a daunting mountain of webpages to visit. Ironically, there’s a lot of clutter about clutter. To save you some time, I will list a few

simple rules that appear in one form or another in many of those sites (do feel free to share your own too, please).

RULE #1 – EVERYTHING HAS A PLACE (OR TIME)

The basic idea is that the more you make things predictable and intuitive, the less brainpower and time you spend on things that aren’t so important (like searching for keys, matching a container and its lid, or sporadically clearing e-files). Check out unclutterer.com for some great tips on this.

RULE #2 – ONLY KEEP WHAT YOU NEED OR LOVE

Clutter is simply postponed decisions – the things, activities and people we truly need or love are much fewer than what we now have in our lives; we’ve just not yet made decisions about what to do with the rest. Now is the time.

RULE #3 – KNOW WHY THE CLUTTER GOT THERE

Clutter is whatever gets in the way of what matters most.

Often, it is “emotional clutter” – belongings, habits and beings we keep in our lives solely because of unresolved issues about the past, fantasies or worries about the future, or self-criticism of actions taken or not taken. Identifying and analyzing your personal reasons for holding on helps you assess what’s worth keeping and what gets in your way.

Most decluttering sites advise journaling as you begin examining the clutter you have kept and why.

RULE #4 – THIS IS A PROCESS, NOT A TASK

New habits take time to develop.

The trick is to do it in small chunks, and just keep doing it. The more you learn about what you truly value, and the more you practice applying it, the easier and faster the process of life de-cluttering becomes.

RULE #5 – “GOOD ENOUGH” REALLY IS.

Perfect is the enemy of Good. Celebrate when you’ve made progress, and be vigilant about not using imperfection as an excuse to stop trying.

De-cluttering isn’t just for individuals, it’s useful for organizations as well.

Here at the CBA, we are fully engaged in a very important renewal process called CBA Re-Think. We are looking at everything the CBA currently does, examining why we do it the way we do now (or why we do it at all), and whether we’re providing what lawyers truly value. The objective is to make decisions that create “space” and resources for the things that lawyers say they most need and want, for now and for the future.

We need you to get directly involved in this process in order for it to work – a Virtual Community is being established for everyone to provide their input and ideas, and there will be in-person workshops across the country, including June 19 in Vancouver. Please join in this important process and help us renew the CBA!

Caroline Nevin

cnevin@cbabc.org JUNE 2015 / BARTALK 5

practicetalk DAVID J. BILINSKY

Time Management

Achieving a Zen-like state Time divine, from gilded eyes, see the power of the hands of time... r r

G

– Music and Lyrics by Hinks, Musto, Rue, Shepherd and recorded by Aeon Zen

ood time management. Achieving this is truly a Zenlike state where you accomplish all that you wished to do by the end of the day with time to spare for more enjoyable activities. However, aside from becoming a more efficient and effective lawyer, there are other risk management reasons for increasing your time management skills. All of us are working on important things when the phone rings, someone pops into our office or our email program “dings.”

During this interruption you may get the feeling that you have forgotten to do something – only you can’t remember quite what. It may have been to insert something in the contract you were drafting that was due today. Or it may have been to file something that was due.

Good time management skills provide us with more than just our recollection of all the things we need to do. They free up our brain to do the important work and give you greater focus on doing what you need to do as they systemize how to organize and accomplish tasks. Here are some ways to do this: WRITE THINGS DOWN: Keeping everything in your head wastes mental energy and can cause stress in thinking that you have missed something along with generating a sense of being overwhelmed by tasks. Accordingly, write things down on a to-do list (or two: one for work and one for home).

PRIORITIZE: All tasks have two attributes: urgency and importance.

Do the urgent and important first

6 BARTALK / JUNE 2015

(crises and pressing problems), then not urgent but important (longer term projects that will pay off), then urgent but not important (interruptions, phone calls, emails) and lastly not urgent and not important (time wasters).

SCHEDULE YOUR TASKS: Take your calendar for the day and block off times and match them to tasks. Appointments are commitments to do tasks within a set time.

AVOID

DISTRACTIONS AND INTERRUPTIONS: Create the quiet

time you need. Close the door, put the phone to voicemail and turn off the email. You can’t work well when you are interrupted.

What else can you do?

F IGURE OUT WHAT TIME IN THE DAY YOU DO YOUR BEST WORK.

Use that time for your highest priority tasks.

CREATE A ROUTINE. Routines become good habits. Good habits

create results. Results generate respect and positive reinforcement.

P UT A NOTE ON YOUR DOOR: Tell people when you will be available in your voicemail and block off the time in your Outlook calendar. People will respect your need for quiet time.

CLEAN

UP YOUR WORK ENVIRONMENT: Clutter creates

distractions.

SAY

NO TO UNNECESSARY TASKS WITH GRACE: Suggest

others who could do these requests.

BREAK

BIG JOBS INTO SMALLER COMPONENTS: Start in on

the first component. Chances are that the job will not seem so daunting.

TOUCH

THINGS ONLY ONCE:

Task it, say no, respond quickly if you can, but deal with it.

Good time management is good practice management, which is a great way to prevent errors, reduce complaints and avoid lost evenings spent doing something you forgot. See the power of the hands of time.

The views expressed herein are strictly those of David Bilinsky and do not reflect the opinions of the Law Society of British Columbia, CBABC, or their respective members.

David J. Bilinsky is the Practice Management Advisor for the Law Society of British Columbia.

Email: daveb@lsbc.org Blog: thoughtfullaw.com

GO ONLINE FOR MORE INFORMATION

dave’s techtips What tech resources are out on the web to assist when it comes to time management?

Here is a selection: Remember The Milk (rememberthemilk.com) This free cloud-based application will allow you to carry your Personal, Work and Study To-Do lists with you on your smartphone, desktop, laptop, tablet and more. You can set reminders and priorities, and with the Pro version, sync your lists to Outlook, BlackBerry and Windows Mobile. You can email tasks directly to your inbox. You can organize your To-Do’s and use the Weekly Planner to plan out how to accomplish your tasks. You can email yourself things that you need to do from any email application and they will show up in your inbox in Remember the Milk.

Rescue Time (rescuetime.com) This is another cloud-based application. It tracks the time you spend on your computers working on applications and on websites by start time and end time. It measures the time you spend “in focus,” or what you are paying attention to and not what

you have open. If you leave your machine, it stops tracking. You can set goals such as spending one hour or less on email, for example.

It has another great feature along with its tracking and reporting features: it can block specified websites for set times and allow you to focus on what you need to get done. It comes in free and premium versions.

1Password (agilebits.com/onepassword) How much time do you waste in a day trying to remember passwords for your bank, websites and more? Or worse yet, do you use the same password for multiple accounts? 1Password users strongly recommend this password manager and digital wallet. It generates strong passwords and will allow you to keep secure notes for things that you want to keep private. This application can be used locally without syncing anything on the Web or, if you wish, you can use it on all your devices by placing your encrypted vault in Dropbox, iCloud or shared network folders.

You can also set up multiple vaults. You can use it in Windows, OS X, Android and iOS and it has plugins for Chrome, Firefox, Opera and Safari.

FitBit Flex (fitbit.com) The FitBit Flex is a wearable fitness wristband that helps you track your daily activity in terms of steps, distance, calories burned and active minutes. It tracks how long you slept and the quality of

your sleep. It buzzes when you have achieved 10,000 steps in a day (the first time mine did this I almost jumped out of my skin!). It syncs wirelessly to your computer and smartphone. You can log additional activities such as biking, skiing, running and more.

As you achieve your fitness goals, you get email reminders and badges that reinforce your progress. You can also track drinks of water and calories eaten in the food log section. If what gets measured gets done, the FitBit is a fun and novel way to keep on top of your fitness goals.

Google Now (google.ca/landing/now/) Yet another service by Google, Google Now uses “Cards” to deliver information to you on matters that are important to you without you having to go and fetch them. It is available for iOS, Android, PCs and Macs, Google Glass and other wearable technologies. To use it on a computer you need to install Chrome, then sign into Chrome and open the Notification center. On an iPhone you need to download the Google App (it is installed already on Android devices).

Once installed and signed on, you can select Cards from categories such as “Manage My Day” or “Be a Local.” Traffic and transit cards let you navigate efficiently.

Appointment cards can alert you to upcoming events. You can use event or time reminder cards, and many, many more. © 2015 David J. Bilinsky

JUNE 2015 / BARTALK 7

nothingofficial TONY WILSON

I’m Conducting an Opinion Poll!!!

How can we improve Articling and PLTC?

B

eing a Bencher is more fun than a barrel of monkeys. It requires way more unbillable (and sometimes thankless) time than you could ever, in your wildest dreams, imagine. But it’s rewarding, and somebody has to do it. Much of the heavy lifting in this job is done in the Hearing Panels we’re all involved in, and in the Committee work. In my case, as Chair of Lawyer Education Advisory Committee, we’re tasked, as part of our strategic plan, with reviewing the Admissions Program, which is comprised of the Professional Legal Training Course (PLTC) and articling. As part of that exercise, we’re undertaking a poll of second and third year calls and asking them specific questions with respect to their experience in PLTC. What I’d like to do here is to open up a dialogue with everyone in the profession who has an opinion on articling and PLTC. Although there are articling programs throughout Canada, skills training and “Bar admission” is done differently in each jurisdiction. For example, Alberta, Saskatchewan and Manitoba have a Bar admission program called the Canadian Centre for Professional Legal Education Program (CPLED), which is mostly completed online during the students’ articles.

On the other hand, Ontario has three streams: absolutely no skills training (or any Bar admission program whatsoever) for those with traditional articles (but with rigorous exams that apparently scare the willies out of most people); a partially online skills training program and subsequent co-op placement regime called Law Practice Program (LPP) for those who weren’t able to secure traditional articles; and Lakehead’s integrated articling-during-law-school approach.

BC’s PLTC is a bit unique because it’s a live, in-person, 10-week program conducted from the Law Society’s building in Vancouver

8 BARTALK / JUNE 2015

three times a year, and in Victoria and Kamloops once a year for students in the Victoria area or the interior, respectively. PLTC is 31 years old, although the curriculum and teaching methodology is regularly updated.

So here’s what I want to know from anyone who reads my columns.

Do you think there is still a role for articling in British Columbia?

Should we keep it or scrap it? Is there anything we could do to reform it to make it better?

What did you think of PLTC, even if you took it decades ago?

Was it a valuable transition to practice? What did you learn that was the most useful and why? Was there anything that ought to have been taught at PLTC that wasn’t?

Is there anything that you would change and why?

Knowing that Alberta, Saskatchewan and Manitoba have an online skills training program that is conducted during articles, would you prefer to replace PLTC with an

online program like CPLED? If so, why would you replace a live skills training program with an online one?

Appreciating that an online program would likely be held concurrently with articles, would your students have enough time, while articling at your firm, to commit to the equivalent of a 10week program online?

And will you tell your students that the online PLTC is a priority during articles? Without trying to bias my little survey here, how will students be able to complete a new online program if they’re always expected to be working?

For those small firms that don’t like losing their students halfway through the year to PLTC, is there another way that we could make your lives easier within the traditional PLTC model?

Should PLTC be integrated within the curriculum of the law schools?

Should articling be reduced for those who have completed clinical programs like UVic’s Law Centre?

And finally, how prevalent is unpaid articles?

Anyway, these are the sorts of things I’d like to know. Email me at twilson@boughtonlaw.com with your thoughts. Maybe… just maybe… we have the best admission program in Canada and nothing needs to be changed at all.

The views expressed herein are strictly those of Tony Wilson and do not reflect the opinions of the Law Society of British Columbia, CBABC, or their respective members.

guest JENNIFER LAU

What’s In It For Me? Why community involvement is important

A

s a career counsellor at a law school, I have the pleasure of being one of many to greet the incoming students every September, and to congratulate the graduating students every May. Whether the students are beginning their law school journey or continuing on with the next step toward becoming full-fledged members of the legal profession, some pieces of advice always stay the same – remember what brought you to law school in the first place, be good to those around you and get involved in your community.

Section 2.2-2 of the Law Society of BC’s Code of Professional Conduct for British Columbia (the “BC Code”) holds that “a lawyer has a duty to uphold the standards and reputation of the legal profession and to assist in the advancement of its goals, organizations and institutions.” This includes an exhortation to enhance the profession through activities, among others, such as:

Sharing knowledge and experience with colleagues and students through publications, law school projects and teaching of legal education courses; Providing legal services on a pro bono basis, or participating in other legal aid programs; and

Filling elected and volunteer positions, including board roles, within various non-profit and

charitable organizations, including the Law Society, Bar associations, and other groups.

To support its members in their community involvement efforts, the Law Society of BC has designated specific pro bono programs as approved for insurance coverage purposes. All deductibles and surcharges are waived for Law Society of BC members in good standing who provide pro bono legal services through these programs. In plain language, this allows non-practising and retired lawyers, or in-house counsel, to provide pro bono legal services without having to pay for insurance: accessprobono.ca/insurance-coverage.

The approved pro bono programs as of January 1, 2015 are: Access Pro Bono Society of BC (Summary Advice Program, Civil Chambers Program, Roster Program, Paralegal Program, Children’s Lawyer Program)

Artists Legal Outreach – The Alliance for Arts & Culture

Multiple Sclerosis Society of Canada Volunteer Legal Advocacy Program Regardless of where you work in the legal profession – large firm, small firm, corporate in-house counsel, government or public interest – community involvement is

of crucial importance for lawyers and law students. Not only will giving back to your community improve your sense of well-being, it will also benefit your own career development. Volunteer experience can help demonstrate your interest in a particular practice area or field to a potential employer. For individuals with limited work experience, community involvement presents an excellent opportunity to develop transferable skills for the practice of law.

If you are a new call who is looking for a paid position, consider maintaining your non-practising membership and volunteering with one of the Law Society of BC’s approved pro bono programs. Not only will you continue to develop your practical legal skills, you will also network with other lawyers through your work for these organizations.

Finally, your community involvement need not be law-related. Your day job might pay the bills, but your volunteer commitments can help fuel your passion (or perhaps simply your desire to see more Canucks games, as in the case of a lawyer friend who volunteers with the Canucks Fund and now sells 50/50 tickets at Rogers Arena on a volunteer basis). Regardless of your motivation, find a cause or an organization that aligns with your interests and get involved today.

Jennifer Lau is the Associate Director, Career Services at Peter A. Allard School of Law at the University of British Columbia.

JUNE 2015 / BARTALK 9

sections SECTION UPDATE

Keep Current A review of provincial Section meetings Maritime Law Meeting in Review: March 31, 2015 Speaker: David Jarrett, Bernard LLP Topic: Various Relevant Topics and Cases about Maritime Law

Pensions and Benefits Law Meeting in Review: April 13, 2015 Speakers: Gordon Cummings, Principal at D&H Group LLP (left) | Avinash Maniram, Group Benefits Consultant at PBI Actuarial Consultants Ltd. (right) Topic: Non-Lawyer Roles in Pension and Benefit Plan Administration

Intellectual Property & Technology Law Meeting in Review: April 14, 2015 Speaker: Christopher Robinson – Partner at Smart & Biggar Topic: Current Trends in Canada for Life Sciences and Pharmaceuticals

Young Lawyers Victoria Upcoming Event: July 9, 2015 Event: Young Lawyers – Victoria Annual Golf Tournament Location: Cordova Bay Golf Course, Victoria

10 BARTALK / JUNE 2015

Maritime Law March 31, 2015, the uOn Maritime Law Section held their monthly meeting at Whitelaw Twining in Vancouver, BC. The meeting discussed various relevant topics and cases. Section secretary David Jarrett from Bernard LLP led the discussion on the status of the implementation of the Hazardous and Noxious Substances Conventions in Canada. David also provided a case comment on Norwegian Bunkers AS v. Boone Star Owners Inc., 2014 FC 1200.

David McEwen, QC of Alexander Holburn Beaudin + Lang LLP provided a case comment on Snow Valley Marine Services Ltd. v. Seaspan Commodore (Tug), 2015 FC 304, and Gary Wharton of Bernard LLP provided a case comment on Ehler Marine & Industrial Service Co. v. M/V Pacific Yellowfin (Ship), 2015 FC 324. The meeting concluded with enthusiasm and excitement for the annual June outing. This year the event will be held on June 5–7, 2015 at the Semiahmoo Resort, Golf and Spa. This event will be filled with fun activities and members are encouraged to bring their family members to join.

Meeting minutes can be found on the CBABC Section web page.

Pensions and Benefits Law On April 13th, the Pension and Benefits Law Section was pleased to have Gordon Cummings from D&H Group LLP Chartered Accountants and Avinash Maniram from PBI Actuarial Consultants Ltd. discuss non-lawyer roles in pension and benefits

u

plan administration. Avinash first presented on the role of benefits consultants, starting with needs analysis and plan design, and continuing through vendor selection, plan implementation and monitoring. He discussed the evolving nature of the consultant’s role and the areas in which he works with other service providers and advisors (including legal counsel) to manage benefit programs. Gordon then explained the many roles that the accountant may play in pension and benefit plans, including bookkeeping and record keeping, tax advising, internal control functions, auditing and financial statements. He discussed how these various roles interact with one another and addressed current issues facing the accounting profession. The meeting in June will focus on the new Pension Benefits Standards Regulations.

Intellectual Property & Technology Law The landscape of intellectual

uproperty law, with respect

to life sciences and pharmaceuticals, is ever-evolving in Canada.

Chris Robinson, partner at Smart & Biggar and one of Canada’s most knowledgeable experts in the field, led a presentation and discussion on recent developments in the life sciences and pharmaceuticals industry, and discussed trends that are likely to be seen in the near future in this complex area of law. Topics included sound prediction, promise of the patent and subject-matter issues. The meeting was well attended. Meeting minutes and a copy of the webinar recording can be found on the CBABC Section web page. Topics for the

Intellectual Property and Technology Law Section’s summer 2015 meetings will include cloud computing and copyright.

Young Lawyers Victoria On July 9, 2015, the CBABC’s

uYoung Lawyers – Victoria

Section will hold its annual golf tournament and AGM at the Cordova Bay Ridge Golf Course.

The tournament is a great opportunity for those new to the profession to meet other young lawyers and build connections in their legal community.

The Young Lawyers – Victoria Section hosts several social events throughout the year – all of which are important to the health and wellness of its members – and the golf tournament is no different. The first years of practice are especially challenging. Social events are a chance to speak with other young lawyers about common challenges and ways to deal with them. All skill levels are welcome at the tournament. If golf isn’t your thing, feel free to come out just for the BBQ and meet some of the other young lawyers in your community!

CHATTER WITH CHAIRS

Michael Butterfield

Alternative Dispute Resolution (ADR) – Victoria Section Michael Butterfield articled with MacIsaac & Company, practising personal injury law. After a brief stint with the Crown Prosecution, he opened Butterfield Law practising criminal and family law.

After 12 years of practising of high conflict family litigation, Michael took a year’s sabbatical from practice. Upon his return to practice, he moved from “very high-conflict litigation to results-oriented resolution practice.” He has a wide range of experience in resolving conflict through negotiation, mediation and collaborative law. In 2013, Michael’s goal was to make the most of his CBA membership: he became the Chair of the ADR – Victoria Section and was actively involved with CBA National ADR Section. In his opinion, Sections not only provide an opportunity to network but to expand one’s knowledge in other areas of law and gain an invaluable source of education. Michael was able to resurrect the dormant ADR – Victoria Section that was suffering from low attendance, creating Section meetings that focused on relevant ADR topics benefiting lawyers of all disciplines. With the support of lawyer Elena Merritt and retired lawyer Michael McHugh, the Section is hosting a three-part Effective Dispute Resolution Advocacy series designed to help add ADR to every lawyer’s toolbox. The third part will be hosted in June, and will provide tips on Arbitration. “One of the greatest strengths of our series has been to give lawyers the tools they need to make the most of the ADR options.” The recordings will be available online. Although Michael is stepping down from the Executive he plans on staying an active Section member and returning to the Executive in the future.

JUNE 2015 / BARTALK 11

features LINDA K. ROBERTSON

Practising Law With Joy

Both a choice and a practice

A

2007 American Bar Association survey cited in The Happy Lawyer found that fifty-five percent of lawyers are not happy with their careers. While many love the law, lawyers are frequently unhappy with their work environments.

Studies show that the top five criteria for happiness at work (for workers generally, not just lawyers) are autonomy, respect, the belief that your work is important, opportunities for growth and appreciation. Money does not appear in the top criteria. For most people, you can’t pay them enough to work in a place where they are bullied or the work is repetitive or micro-managed, where there is nothing new to learn or they are never thanked.

Many lawyers believe that the key to being happy at work is better practice management skills. If they simply manage their time and clients better, they will be more productive and more in control of their practice, and this will then lead to a more satisfying life. While good practice management provides many benefits, especially in reducing stress, this alone cannot lead to happiness because it tinkers only with the outside of our lives.

In order to love what we do and gain joy from the practice of law, we must do work that is aligned with our core values. What are core values?

12 BARTALK / JUNE 2015

Core values may include justice, social or environmental issues; family, faith or community; health or fitness; professionalism, honesty, respect or collegiality; or status or creating wealth. The list is long, however most people have never considered what their three to five core values are. Michael Melcher’s excellent book The Creative Lawyer: A practical guide to authentic professional satisfaction sets out values, exercises and other helpful ways to create a legal practice that will bring joy.

If autonomy is a core value, then working as a sole practitioner or a partner likely satis-

Happiness is the meaning and purpose of life, the whole aim and end of human existence. fies that need. If family or community is a core value, then work that allows sufficient time for a personal life will be necessary. If professional recognition is a core value, then practising in a firm that allows work on major cases in your practice area may support that value.

It is also important to realize that just because you are good at something doesn’t mean that you enjoy it. Skills should never be confused with passions.

Joy is both a choice and a practice. While circumstances and genetics contribute to a certain baseline of happiness, much of our happiness is within our control. Developing even small habits such as taking regular breaks from work to walk outside, or doing activities that make us laugh or make our heart sing, can dramatically increase our joyful energy.

No one should ever be satisfied with a good-enough life or feel stuck in a stressfilled, unhappy one.

No amount of money can make up for unhappiness or feeling disengaged from our work. Too many lawyers look forward to weekends or vacations as the only time they feel truly free and can be truly themselves.

We should expect to be joyful every day. Aristotle said, “Happiness is the meaning and purpose of life, the whole aim and end of human existence.” Joy is the energy that fuels our highest productivity and creativity, and leads to our greatest success in whatever we do.

Practising law with joy means working with clients we love, with colleagues we respect and doing work that matters. What could be better?

Linda K. Robertson is a lawyer coach in Vancouver and also the CBA national Co-Chair of the Women Lawyers Forum.

ALLISON WOLF

Beating the Procrastination Habit

Quick tips and a practice of inquiry

J

anice has a busy legal practice and this week has deadlines looming. On Monday, she was feeling anxious about one tough factum but instead of spending the morning hammering it out, she wasted 45 minutes surfing the net reading online news. Sound familiar?

Janice is in good company. Most lawyers have struggled with a problem with procrastination at one time and indeed the Canadian expert on procrastination, Dr. Piers Steel, reports in his book “The Procrastination Equation” that about 95% of people admit to procrastinating.

Though it isn’t all bad news.

Procrastination is very much like weeds in the garden. You may not be able to eliminate them entirely but you can weed many out.

Here is a simple two-step practice of inquiry for reducing time lost to procrastination: Step one is to understand why you are procrastinating. Pay attention. Set a goal of noting the following: What are you procrastinating about? What are you doing when you are procrastinating?

What are you thinking and physically and emotionally experiencing right before you procrastinate?

Review this information and determine your root causes. Are you avoiding something? Are you distracting yourself to relieve discomfort? You might procrastinate when you don’t know what to do, or when you encounter difficulties

with a file. You might procrastinate about things that are unpleasant such as communicating with difficult clients. Learn and make note of your triggers for procrastination.

Step two is to develop your reduction strategy. Notice when you are

feeling anxious and catch yourself as you start to procrastinate. Pause and return your focus to the present.

Draw your attention to your feet on the floor supporting you, and take a few slow deep breaths to relieve your anxiety and bring you back to center. Now ask yourself: What is making me anxious? Or, what am I avoiding? Simply notice the answer to that question. Next, ask yourself this second question: What would be a useful next step to take?

There are also a number of simple tactics you can implement to increase focus.

Eliminate distractions in your office by keeping a tidy desk.

Make the most of your periods of low energy to organize. Taking just 10 minutes a day for this can make an enormous difference.

Make a personal rule that your office computer is for professional work exclusively. Do web surfing and personal email on another device. Turn off your audio alerts and mailbox pop-ups.

Bring in visual reminders about why you want to be more productive at work. If you want to be home in time for dinner with your family then take a photo of you all together at dinner and keep it on your desk as a valuable reminder.

Reserve your peak periods of focus for concentration for your most difficult tasks.

Divide up your complex projects into a series of smaller milestones. Schedule time for working on these instead of waiting until the last minute to start on the project as a whole.

Get your to-do-list out of your head and onto a list. Each morning, set down your daily priorities and check them off as you go.

Try starting the day with a win.

Knock some quick but troublesome tasks off your list or handle the toughest piece of work in the pile. As a former litigation partner now a judge once told me: “Do the dog file first.”

Allison Wolf is a lawyer coach and founder of the soon-to-be launched blog site lawyerwithalife.com.

JUNE 2015 / BARTALK 13

feature SUSAN BURAK

Mindfulness-Based Stress Reduction and Meditation Why It Works

T

he digital explosion has universally amplified the intensity and complexity of legal practice.

Clients demand more timely and even instant responses.

Many lawyers have found that the centering and integrative effects of Mindfulness-Based Stress Reduction and Meditation (“MBSR”) have enhanced their ability to achieve calmness and personal integration in the face of accelerating and competing demands. As such, they have adopted contemplative lawyering practices that are rapidly spreading throughout North America. Lawyers find that the intentional focus of attention on moment-to-moment experience, using the breath as an anchor, is an effective way to reduce stress because it enhances the physiology of internal attunement within the nervous system. They are surprised that by simply taking their breath deeper into the diaphragm, they can alter their mental state and focus. Neuroscience research has shown that internal attunement has been found to improve the following integrative functions of the brain and keep persons “online” in the face of stress, thereby augmenting their innate abilities as follows (Siegel 2007, 2010): 1. Attention training and developing the capacity to focus; 2. Self-efficacy and fear modulation; 3. Response Reflexivity through the recognition of perceptual

14 BARTALK / JUNE 2015

alternatives to stressful situations, thereby allowing them to respond to situations more thoughtfully with less reactivity; 4. Self-regulation, body regulation and calming down, which creates self-understanding as to how they function, think and act with themselves, others, and the world; 5. Emotional balance; 6. Insight; 7. Empathy and understanding the experience of another; and 8. Attuned communication with others and being mindfully and internally attuned.

Through practising MBSR techniques, using the breath as an anchor, a person can greatly enhance their ability to “feel the reality of their experience” and then to act on it rather than getting lost in it. This enables lawyers to make better decisions, deal with clients more effectively in the moment, and do their work more efficiently and with less stress.

At the Lawyers Assistance Program of British Columbia, CEO Derek LaCroix implemented group training for lawyers in MBSR techniques. Associate Director Susan Burak has facilitated the program since its inception four years ago and has observed that the contemplative practices of MBSR enhance

lawyers’ abilities to engage more effectively and with greater satisfaction in legal practice. Through focusing on the deeper breathing space as an anchor, MBSR practices assist with the quiet introspection and realignment of one’s inner compass.

The moment-to-moment awareness of thoughts, feelings, bodily sensation, and the environment allow for the over-ride of habitual “autopilot” response patterns of mindless reactivity and their gradual replacement by a calm and centered focus. One can then prevent the over-thinking, over-analyzing and perseveration that impair problem solving abilities by sapping motivation, interfering with concentration and creating anxiety and depression.

Recent studies at Yale have shown that MBSR and other associated contemplative practices reduce mind wandering and rumination and enhance capacities for optimism and overcoming negativity bias. As such, a person’s mental capacity is enhanced for more spacious awareness and recognition of perceptual alternatives to “all or nothing” thinking. This allows for improvements in perceptual clarity, objectivity, concentration and resilience to stress, all of which are essential to effective legal practice. As lawyers, our minds are our instruments and if our instruments are properly attuned through MBSR we can augment our abilities and capabilities. It is as easy as breathing. MBSR techniques can be learned quickly.

Susan Burak, B.A., J.D., M.A. Counselling Psychology, Registered Clinical Counsellor and Associate Director, Lawyers Assistance Program of BC.

Thank you to all who volunteered with the CBABC this year

More than 2500 lawyers provided their services to help thousands throughout BC

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We wish to recognize all that you do to make our legal community stronger

THE VARIOUS WAYS ONE

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2015-05-06 11:29 AM

JUNE 2015 / BARTALK 17 FILENAME

2015-05-1732-MB-May-C-Class-Print_Ad-BarTalk.indd

CLIENT

Mercedes-Benz

TRIM

8.25" x 10.75"

CLIENT REVISION

CREATION DATE

02/16/15

BLEED

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INTERNAL REVISION

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Material: May 8, 2015 Insertion: June 2015

guest STEPHANIE MARKOVICH

CBA Young Lawyers – Lower Mainland Section

Offers diverse range of events in 2014-2015

2

014-2015 has been one of the CBA Young Lawyers – Lower Mainland Section’s (Young Lawyers) busiest and most productive years yet.

The year began with a speed networking event at Salt Tasting Room designed to give young lawyers an opportunity to mingle and meet some new faces while enjoying some wine and delicious food. In October, Bill Knutson and Edna Ritchie shared their advice about how to deal with tricky ethical and professional situations before a packed crowd at Charest Reporting.

In November, Section members participated in a Master Shadowing program in which registrants were able to observe Master MacNaughton in chambers for an entire day followed by a dinner and debriefing. This was an invaluable opportunity to gain firsthand knowledge and insight from behind the Bench and the hope is to expand this program to other Lower Mainland courthouses in the future. November also featured a social event for young lawyers in Surrey and there are plans to hold a similar event in Richmond for young lawyers practising there.

In December, in what is becoming something of a holiday tradition, the Young Lawyers hosted the third annual holiday party at Mahoney & Sons in conjunction with a group of young CFAs and CPAs.

The New Year got off to a busy start with another speed networking event, this time at the Refinery.

The next event was an extremely informative presentation on Examinations for Discovery featuring Lyle Harris, author of the CLEBC Discovery Practice in British Columbia manual, and Stuart Hankinson. The event featured practical tips on preparing for, conducting and defending Examinations for Discovery. Not surprisingly, the highly soughtafter speakers once again drew a packed house. This was followed by a two-part pleadings workshop with Master MacNaughton and Chilwin Cheng of Legal Process Solutions, with the first part focusing on pleadings in general, and the second focusing on Affidavits in particular.

In March, the Young Lawyers hosted their third “Going Rogue” event, where three young lawyers who have each established their own practice in very different ways spoke about their experience outside of the traditional law firm model and shared some of their hard won wisdom. This event has proved very popular in the past and this year was no exception.

In April, the Young Lawyers cohosted a Whiskey Tasting event

with the Young Professional Engineers at Shebeen Whiskey House in Gastown.

April also marked the second annual Wellness Challenge in which young lawyers and their firms were challenged to devote a portion of their day to wellness, however defined, each day for ten days and to share these ideas and inspire others on social media.

April 29 was the marquee event of the year, the Judges Dinner, where the chief justices of all three levels of court were once again generous enough to speak to an audience of young lawyers and dine with them at the Sutton Place Hotel.

Events still to come include one of our most highly anticipated events of the year, Monte Carlo Night, in which the Vancouver Club will be transformed into a casino. Once again, the Young Lawyers will be co-hosting with the young accountants and the event will also feature a silent auction and fundraiser.

In sum, the CBABC Young Lawyers – Lower Mainland Section has had a very successful year so far of diverse events ranging from social to educational with a broad range of wonderful speakers. The Executive plans to offer a similar array of wide-ranging events in the 20152016 season and looks forward to seeing our Section members at upcoming events.

Stephanie is the Secretary of the CBA Young Lawyers – Lower Mainland Section. She practises insurance defence at Hartshorne & Mehl in Vancouver.

JUNE 2015 / BARTALK 19

features JERRY STEELE

Five Tips

For maintaining a healthy sense of balance while practising law

B

eing a lawyer is stressful. The challenging workloads and adversarial nature of the profession can lead to a life that is completely out of balance.

The following techniques are designed to help decrease stress and to help you along the path to balance.

GET IN TOUCH WITH YOUR VALUES

Values are simply what is important. They are an internal set of beliefs that influence life at a subconscious level. They can include qualities such as honesty, integrity, fairness, loyalty and perseverance.

Lawyer’s must regularly make value judgments and process conflicting points of view without getting lost or losing perspective.1 When a lawyer’s actions are inline with their core values it provides a feeling of congruence and a sense of “making a difference.”

Because they know what is important to them, they are more resilient and less likely to experience depression, anxiety and burnout.2 Making a list of what values are really important to you will help you to determine the life you wish to create. You can then begin to take actions that will assure greater balance and well-being.

anxiety-free life. Identify what demands you are willing to accept from your work, friends and home life and don’t allow anyone to persuade you to compromise on those limits. “No,” is a complete sentence.

PRACTICE MINDFULNESS MEDITATION

Mindfulness Meditation (“MM”) cultivates awareness, insight, compassion and mental focus.3 In MM a lawyer learns to be aware – without judgment – of what sensations, sounds or thoughts that pass through his or her awareness.4 The practice has helped many lawyers to become more resilient, reduce stress, and to promote psychological health.5 Mindfulness Meditation has been embraced by many in the legal profession in response to an increasingly antagonistic professional environment “and increasing rates of substance abuse, mental illness and depression within the profession.”6 Major law firms in the US, as well as universities such as Harvard Law School and USC Berkley, have begun promoting MM as a means to promote psychological health and well-being in the practice of law.

MAINTAIN HEALTHY BOUNDARIES

Boundaries are limits that determine where one person ends and the world at large begins. They are essential to living a healthy and 20 BARTALK / JUNE 2015

CHALLENGE YOUR NEGATIVE BELIEFS

Many people have destructive belief systems they are not aware of.

They may feel like an impostor or otherwise unworthy so they constantly defer to others’ expectations. Or they worry about what others will think, feel guilty for saying no, experience perfectionism or let other people make important decisions for them. These are all symptoms of negative belief systems that steal vital energy and foster resentment and despair.

Challenge these negative beliefs by asking and following what it is you really want. Get help from a professional if needed.

PRACTICE THE 4-4-4 BREATH TECHNIQUE

Sit down with your feet on the floor – eyes open or closed. Inhale deeply (the abdomen rather than chest should expand) and count slowly to four. Hold your breath. Then exhale to the count of four. Repeat this at least four times. This technique can be done with the eyes open or closed. It is a great quick stress reducer.

Practising any one of the above consistently will put you on your way to being a happier and more balanced lawyer. lapbc.com/nature-of-the-profession/ meaning-values-and-the-practice-oflaw-derek-lacroix-qc/ 2 a m a z o n .c a /S t r e s s - M a n a g e m e n t Lawyers-Professional-Satisfaction/ dp/0964472732 3 liv.asn.au/Practice-Resources/LawInstitute-Journal/Archived-Issues/LIJJuly-2011/The-mindful-lawyer--meditation-and-the-practice 4 scholarship.law.ufl.edu/cgi/viewcontent. cgi?article=1436&context=facultypub 5 Ibid, at p. 46 6 Orenstein, Supra, note 3 1

Jerry is a lawyer and Associate Director with the Lawyers Assistance Program of British Columbia.

MICHAEL WELSH

Religious Legal Systems in Canada

Little known, often misunderstood

M

ost people have heard of religiousbased legal systems, but few understand them.

Sharia, or “Islamic law,” is derived from commands in the basic texts of Islam, the Quran and Hadith.

The name derives from an archaic Arabic word denoting “pathway to be followed.”

“Halakhah,” or “Jewish law,” similarly means “the path that one walks” or “path to the water hole.”

The etymology is from the path to water that permeates life in a desert.

Canon law is the internal body of laws and regulations of the Roman Catholic, Orthodox and Anglican churches. The manner in which it is legislated, interpreted and adjudicated varies widely amongst each.

In all three, a “canon” is adopted by church council, the word coming from the Greek “kanon” and Hebrew “kaneh” – rule, standard or measure.

Canon law differs from sharia and halakhah as it is a codification akin to civil law, while sharia and halakhah derive most of their laws from juristic precedent and reasoning by analogy, akin to common law. Unlike secular laws that govern public interactions, all are a personal code of living that adherents adopt as part of their faith. Further, these religious bodies all have courts or arbitration systems that adjudicate disputes using those laws. This differs from other religions or branches

of religions that may have rules or laws, but no adjudication system.

All function largely in private, although family law issues sometimes make news.

Halakhah provides that only the husband may issue a bill of divorce (a “get”), with consequences that have made high profile cases.1 Similarly, use of sharia mediation and arbitration panels applying sharia in the family law disputes has been controversial, being banned in Ontario and Quebec. Sharia and its mediation/arbitration system has a significant role in commercial law. Sharia compliant banking prohibits acceptance of interest or fees (known as “riba,” or usury) for loans. Instead, methods of profit-sharing are used. As of 2014, sharia compliant financial institutions represented approximately 1% of total world assets. Their often complex and costly disputes are handled, reportedly with great success, by arbitration using sharia law.

Meanwhile Ecclesiastical courts applying canon law continue quietly, as they have done for centuries. The North American Catholic Church handles roughly 30,000 cases a year involving marriage annulments, divorce, ex-communication and priestly misconduct. The latter is one area where the jurisdiction of ecclesiastical courts periodically intersects with

that of the civil system, when priests seek redress for wrongful dismissal.

Cases in several provinces have considered the legal relationship of priest and church and whether the priest can turn to the civil courts.

In one notable Ontario case, the Archdiocese’s position was that its relationship with the priest was ecclesiastical and governed by canon law, so that the priest was required to seek redress through the internal review process provided by canon law rather than the courts. The Ontario Court of Appeal agreed, saying, “Canon law creates the office, provides for the office’s duties and responsibilities, and describes the circumstances under which the office can be brought to an end.”

The priest and church entered a contract to be bound by that law. The court said, “The Roman Catholic Church is a self-governing organization. Its canon law provides an internal review process for ecclesiastical disputes.”2 Consequently, if an ecclesiastical court or internal arbitration process is in place to deal with these disputes, the civil courts are generally without jurisdiction.

Bruker v. Marcovitz, [2007] 3 S.C.R. 607, 2007 SCC 54 upheld a right of the wife to claim damages in civil court when the husband refused her a Jewish divorce despite agreement.

2 Hart v. Roman Catholic Episcopal Corporation of the Diocese of Kingston, in Canada, 2011 ONCA 728 1

Michael Welsh has a mixed litigation and ADR practice in the Okanagan that has included acting for a priest and divided congregation in a dispute with their bishop that resolved through mediation.

JUNE 2015 / BARTALK 21

news&events HEALTH & WELLNESS

Thriving or Just Surviving?

NATIONAL NEWS

Meet Your CPD Requirements in 2.5 Days There’s no doubt: we could all be better. Both personally and professionally. And that’s precisely what this year’s CBA Legal Conference (CLC) in Calgary, AB will help you achieve. Three new skills-based professional development (PD) streams will offer tangible benefits to hone the most vital dimensions of your career: the profession, the practice, and the personal.

PD Stream 01: Building a better profession examines the bigpicture influences, game changers and issues facing our profession – now and in the future.

PD Stream 02: Building a better practice focuses on the day-to-day 22 BARTALK / JUNE 2015

aspects of your practice, to help you make the most of your resources and become more tech savvy.

Lawyer Wellness means different things to different people. To some, it’s seeking help when in crisis, and to others, it’s about finding time for lunchtime yoga. Overall, it’s acknowledging the difficulties that come along with practising law, and actively finding ways to improve both personal and business lives.

On the new CBABC “Lawyer Wellness” section you will find everything from having a healthy relationship with alcohol to learning about new practice management software that will help you find more hours in the day.

The best way to get involved is to talk about Lawyer Wellness with your peers, and tell them how important it is to have a healthy lifestyle. Want to share stories about what your firm does to promote

PD Stream 03: Building a better person helps you develop personally and find strategies to become healthier, happier and more satisfied.

Join us this year for this rare opportunity to hear from compelling expert speakers, obtain your yearly PD requirements, and connect with colleagues from across the country.

If you’ve never attended the CLC before, isn’t it time you started building a better lawyer?

Do your career justice – check out the full program now!

lawyer wellness? Let us know so we can post the ideas, such as the story on the next page entitled, “The Progressive Law Firm.” cbabc.org/wellness

HOW ONE FIRM IMPROVED THEIR HEALTH & WELLNESS

The Progressive Law Firm

by Mark Virgin & Megan MacLean, Stevens Virgin We’ve witnessed – first-hand – how improving the health of the firm Stevens Virgin has reduced stress for our valued personnel, reduced the number of sick days incurred, and reduced the number of benefits claims submitted.

Our work-life balance initiatives began with the hiring of a workplace health and wellness consultant to provide advice on a wide variety of wellness topics.

We hired a fitness studio to lead private, noon-hour or after work classes and we provide monthly membership to the gym to all employees, providing a fun and healthy way for all personnel to interact.

Our firm also initiated lunchand-learns, offered health screens and flexible work schedules, and encouraged participation in fundraisers and charity events. Most employees have embraced these activities;

we’ve seen 65% participation rate among lawyers and staff combined. Job satisfaction has improved significantly. In 2011, Stevens Virgin received recognition by the CBABC for its worklife balance successes.

Over the past five years, we have made remote access available to billing staff so that they may exercise the option for occasional work out of office and in 2014 we converted file storage to digital format making remote access easier, document management is faster and more efficient and overhead has been reduced for storage, stationery and supplies.

Undertaking these sorts of initiatives can put any firm in a better position to control the costs of extended health benefits, sick time, increasing productivity, reducing overhead, enhancing teamwork and improving morale.

Health & Wellness TIPS Stress Reducer

Relaxation tapes are simple and effective ways to calm the mind and spirit. These are available in so many formats. Stretching and “yoga-like” movements are ways that you can become in tune with your physical body and yet also calm the mind… all at the same time.

Learn to Relax

At work, take a break from your desk and don’t skip lunch. At home, do something creative that absorbs you, such as painting, writing or gardening, or try yoga, meditation or taichi. Making sure you get enough sleep is essential in the relaxation process!

JUNE 2015 / BARTALK 23

news&events CBABC WLF NEWS

2015 CBABC Women Lawyers Forum Awards Luncheon On April 23, 2015, the CBABC Women Lawyers Forum (WLF) recognized the achievements and contributions of The Honourable Judge Patricia Janzen, recipient of the CBABC WLF Award of Excellence, and Carla Forth, QC, recipient of the Debra Van Ginkel, QC Mentoring Award. The Right Honourable Kim Campbell gave the keynote address.

After accepting her award, Judge Janzen shared several lessons that she had learned in her practice, including: define success on your own terms, always be civil, and give back to your community and the profession.

Ms. Forth’s award honours the memory of Debra Van Ginkel, QC, who believed that all women lawyers need mentors to support and encourage them. In accepting her award, Ms. Forth discussed the important role of mentoring in her own career, including how people whom she has mentored have, in turn, mentored her in some way.

In her keynote, Ms. Campbell stressed the importance of listening to the voices of all women in making legislative change. She urged the legal profession to advocate for the increased presence of women in the law by drawing on studies in other industries that have shown the considerable positive impact of participation by women.

The event was very well attended by the members of the Bench and Bar, and was an excellent showcase for the extensive programs of the Women Lawyers Forum that promote and support the enhancement of the stature and influence of women in the legal profession.

For more information on the CBABC WLF

NEWS

CLEBC Update NEW FROM CLEBC: THE ADVOCACY TOOLKIT CLEBC is proud to announce a new practice support and skill development learning tool: the Advocacy Toolkit. The Toolkit is an on-demand resource designed to help lawyers improve their oral advocacy skills.

The Advocacy Toolkit includes short videos demonstrating oral advocacy, annotated with commentary, practice tips and explanations. Videos demonstrate both effective and

24 BARTALK / JUNE 2015

cbabc.org/Sections/Women-Lawyers-Forum

ineffective advocacy. A single fact pattern is followed, with short clips focusing on the micro skills of oral advocacy.

The Advocacy Toolkit is structured to allow users to focus only on relevant content. The skills demonstrated include: Theory of the Case Opening Chambers Applications Examination for Discovery Direct Examination Cross Examination Refreshing Memory Objections Impeaching the witness through prior inconsistent statement Closing

The Advocacy Toolkit will be useful for lawyers at every experience level who have limited recent experience practising their advocacy skills in court.

Many thanks to the excellent planning committee (who also star in the video demonstrations): Madam Justice Susan A. Griffin, Wendy A. Baker, QC, Brook Greenberg, Jacqueline D. Hughes, Matthew Nathanson, and Jan Lindsay, QC. For more information about CLEBC products and services, visit cle.bc.ca.

BC LEGISLATIVE UPDATE

ACTS IN FORCE

Current from March 4, 2015 to April 21, 2015 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 is available exclusively to CBA members at cbabc.org.

LABORATORY SERVICES ACT, S.B.C. 2014, C. 8 (BILL 7) The Act, except sections 40(5), 96 and 100 to 103, is in force October 1, 2015

LIQUOR CONTROL AND LICENSING AMENDMENT ACT, 2014, S.B.C. 2014, C. 13 (BILL 15) Sections 15, 16 and 31(k) are in force April 1, 2015. Section 1(j), as it repeals the definition of “store manager,” and sections 3, 4(a) to (f), 5, 17 (b), 26 and 31(f) and (l) are in force March 30, 2015

MISCELLANEOUS STATUTES AMENDMENT ACT, 2014, S.B.C. 2014, C. 14 (BILL 17) Sections 52 and 53 are in force April 1, 2015

BRANCH & BAR

Calendar

JUNE

10 CBABC PD Seminar: Violence Screening for ADR Professionals – Red Flags, Warning Bells & Practical Tips — Webinar 12 Battle of the Bar Bands 2015 — Commodore Ballroom, Vancouver 15

Magna Carta Night at the Law Courts Inn in Vancouver. Join the worldwide celebration of the 800th anniversary of the Magna Carta Liberatum.

Raise a glass of mead at this Bench and Bar dinner honouring freedom and the rule of law. cbabc.org/1215

18 CBABC PD Seminar: All In A Day’s Work: A How-To Approach for Employer Codes of Conduct — Webinar 18 CBABC PD Seminar: Trials & Tribulations Dealing with Self- Represented Litigants — Webinar 19 Lawyers Assistance Program: Gratitude Lunch — Vancouver 20 Provincial Council — Richmond 21-25 The International Society for the Reform of Criminal Law 20th International Conference — Edinburgh, Scotland 24 CBABC PD Seminar: Billing Strategies: Keeping Your Clients Happy While Looking After Your Bottom Line — Webinar

JULY

9 Young Lawyers Victoria Annual Golf Tournament — Victoria

CBA (BC) Benevolent Society Providing assistance to lawyers and articled students who have suffered an illness or injury.

For more information cbabc.org/benevolent

EVENT RECAP

The Fifth Annual WLF-Kamloops Conference and Retreat Held at Quaaout Lodge and Spa on February 28 - March 1, 2015.

This was a wonderful event that was filled with relaxation, networking and education. cbabc.org/Sections/ Young-Lawyers-Kamloops

JUNE 2015 / BARTALK 25

news&events TIPS FROM

Whenever you’re looking for a quiet space to reflect on the merits of your case or ponder the strengths of an argument, come on in to the Library.

Not only does the Courthouse Libraries BC provide a welcoming space, they also stock their shelves, both physical and virtual, with the resources you need to guide your legal reflections. Regardless of what area of law you are looking to read up on, chances are the Courthouse Libraries BC has a resource or two for you. If research on ecclesiastical law brings you to the Library, they have a number of texts and e-resources on the topic.

Join the Courthouse Libraries BC’s Lawyers’ Reading Room (courthouselibrary.ca/ReadingRoom.aspx) to gain access to HeinOnline and Irwin Law eLibrary. You will get access to hundreds of texts and articles from the comfort of your home or office. The Courthouse Libraries BC online collection of books includes these titles: Religious Institutions and the Law in Canada and Freedom of Conscience and Religion, which are both available through Irwin Law eLibrary.

For historical texts on ecclesiastical law, log into HeinOnline to access full decisions from the Ecclesiastical Courts of England in the English Reports and texts such as System of English Ecclesiastical Law (1732).

Sign up for your Reading Room account today to explore the breadth of the Courthouse Libraries BC online collection.

NATIONAL MAGAZINE

Is Newer Better? Not Always.

It’s Not Just What You Have, It’s How You Use It. According to the 2014 ILTA/InsideLegal Illustration: Thomas Dannenberg Technology Purchasing Survey, overall law firm spending on new technology is up. 54% of all respondents spend 2-4% of total firm revenue on technology, a 6% increase compared to the 2013 findings.

For the most part, this is cause for celebration, an indication of the profession finally embracing the value and benefits of technology.

Read Katya Hodge’s article

26 BARTALK / JUNE 2015

RESOURCES

Virtual Legal Help

Virtual Legal Help is assisting thousands to address their legal issues with more information and confidence.

Through the use of innovative technologies, it is improving access to justice in BC by providing three levels of triage to people with civil matters, both in Supreme and Small Claims court. The first level is a virtual assistant (North America’s first) who lives on SupremeCourtBC.ca, SmallClaimsBC.ca and AdminLawBC.ca. Her name is JES and she helps the user to find the information they need by asking a series of questions and giving a number of options to follow.

The second level is online chat support between the hours of 11:00 a.m. and 2:00 p.m.

Monday to Friday. Here users are provided with personalized legal help through online chat and email support. The third level happens if the question in chat is too complex to handle.

These matters are forwarded to a lawyer who then responds to the user. JES only provides legal information and not legal advice. This approach personalizes navigation to PLEI content, interacts to customize information searches and introduces chat, email and phone support to provide personalized legal help services.

grantsapproved LAW FOUNDATION OF BRITISH COLUMBIA

Law Foundation Funding of Environmental Law Groups Through its support for work in public interest law, legal research and law reform, the Law Foundation funds three programs that deal with environmental law issues.

Ecojustice Canada is a national non-profit society established in 1990 to use public interest environmental law to protect and restore the environment in Canada. Ecojustice uses test case litigation, policy and law reform, public education and communications to set legal precedents and strengthen Canadian legislation on environmental issues. Ecojustice’s legal services are provided free of charge. Over its 25-year history, Ecojustice has helped

hundreds of clients protect wilderness and wildlife, challenge industrial projects that harm the environment and human health, and kept harmful chemicals out of the air, water and soil.

The Environmental Law Centre (ELC) is a non-profit society that operates Canada’s first public interest environmental law clinical program at the University of Victoria in partnership with the Faculty of Law. Through the clinic, the ELC provides a range of pro bono legal services to its clients, including legal advice, advocacy and representation before courts and tribunals.

In addition to providing handson clinical opportunities for law students, the ELC also supports public interest work done by practitioners throughout the province through the ELC Associates program.

Since 1974, the West Coast Environmental Law Association

has advocated for a just and sustainable society where people are empowered to protect the environment. West Coast is a non-profit society that works on several fronts to improve laws through law reform advocacy, public legal education, community and coalition development, and environmental law research. The Law Foundation funds environmental law summary advice services, legal research, law reform and legal education as well as the West Coast Environmental Dispute Resolution Fund, which provides support to community groups to hire lawyers at a partially pro-bono rate with a view to resolving environmental disputes.

The combined forces of these three groups, funded by the Law Foundation of BC, contribute significantly to work on environmental law in the province.

LAW WEEK 2015

Left photo: 2015 Barry Sullivan Law Cup winners (from L-R) – Chief Justice Hinkson, Sandy Pang (Little Flower Academy), Hannah Goodridge (Little Flower Academy), Mehek Hussain (Burnaby Mountain Secondary School), Alex Shorten, Professor Edinger, Justice McEwan. Middle photo: More than 100 students attended the “Meet the Chiefs” forum with (from L-R) Chief Justice Hinkson of the Supreme Court, Chief Justice Bauman of BC’s Court of Appeal, and Chief Judge Crabtree of the Provincial Court with host, CBC’s Ian Hanomansing. Right photo: The audience waiting to see if Harry Potter would be found guilty at the Mock Trial in Duncan.

JUNE 2015 / BARTALK 27

professionaldevelopment

WEBSITE: CBAPD.ORG \\EMAIL: PD@CBABC.ORG \\

CBABC Professional Development courses are designed to meet the needs of lawyers while still maintaining the opportunity to network, advance one’s career, practice and business. We pride ourselves in bringing courses to lawyers that will provide the required professional responsibility and ethics, client care and relations, and practice management component for 2015 Law Society reporting. For a full list of CBABC’s Professional Development offerings, please visit cbabc.org/CPD.

Upcoming In-person Seminars IN PARTNERSHIP WITH THE KELOWNA BAR ASSOCIATION

Cyberbullying and Smartphones Save the Date: September 15, 2015 Location: Royal Anne Hotel, Kelowna Speaker: Eric V. Gottardi, Criminal Defence Counsel, Peck and Company

Upcoming Webinars Violence Screening for ADR Professionals – Red Flags, Warning Bells & Practical Tips

Date: June 10, 2015 Speakers: Lisa J. Hamilton, Hamilton Fabbro; Alyson Jones, MA RCC, Alyson Jones & Associates ; Rhona M. Lichtenwald, Hillcrest Law & Mediation

All In A Day’s Work: A HowTo Approach for Employer Codes of Conduct Date: June 18, 2015 Speakers: Paul Fairweather, Harris & Company LLP ; Philip White, Grosman, Grosman & Gale LLP Moderator: Meghan Maddigan, Law Society of BC

Trials & Tribulations Dealing with SelfRepresented Litigants

Save the Date: June 18, 2015 Moderator: Kathryn Sainty, Sainty Law

Billing Strategies: Keeping Your Clients Happy While Looking After Your Bottom Line Date: June 24, 2015 Speakers: Registrar Stuart R. Cameron, Supreme Court of British Columbia; Jan L. Lindsay, QC, Lindsay LLP Moderator: Kathryn Sainty, Sainty Law

On Demand CPD Missed the live webinar? Check our library for available on-demand webinar repeats and e-learning modules.

RECENTLY ADDED WEBINAR REPEATS: Deja-Vu Part 2: PST, GST and HST – Double Taxation on Legal Services

Find out how to manage risks, and in some cases, minimize exposure to “double tax.”

Target June 1, 2015: You and the BC Limitation Act

Learn from experienced civil litigators about discovery, how the transition rule applies, the exceptions to the running of limitations and third party claims.

Keys to the Castle: Starting Your Successful Solo Law Practice

Topics include: practice management, office space and systems, accounting, finance, law firm staff and law practice technology.

Unmasking Haters, Baiters and Trolls: Canada’s New Cyberbullying Law

In this discussion style webinar, learn about Canada’s Protecting Canadians From Online Crime Act (Bill C-13) new criminal offence and new investigative powers for law enforcement.

Who’s Going to Bark For Me? Pet Housing and Veterinary Negligence

Become an informed advocate on animal law affecting pet housing and veterinary negligence.

Learn about the issues so you can effectively advocate for your clients’ pet companions.

28 BARTALK / JUNE 2015

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info@onpointlaw.com JUNE 2015 / BARTALK 29

barmoves Who’s Moving Where and When

SPACE IS AT A PREMIUM AND AVAILABLE ON A FIRST-COME FIRST-SERVED BASIS SO SEND YOUR BAR MOVE (MAX. 30 WORDS) AND A HIGH-RESOLUTION PHOTO TO BARTALK@CBABC.ORG NOW. TO VIEW ALL BAR MOVES GO TO CBABC.ORG/BT/BM_1506

Sarah Bird

Krystle Gill

joined Miller Titerle + Company LLP. Sarah will lead the expansion of the firm’s project finance offering and help meet the firm’s clients’ increasing needs for borrowing and lending advice.

moved her practice to Cassels Murray. Krystle practises family and estates law. She is passionate about justice and finding efficient and creative solutions to various legal problems.

Christina Kwok

Angela Austman

has joined Oyen Wiggs Green & Mutala LLP as an associate.

Christina articled with OWGM and was called to the Bar in April 2015.

an experienced corporate finance and securities lawyer, has joined the Vancouver office of Lawson Lundell LLP.

Martin Bühler

Darren Penner

is continuing his commercial litigation practice at Fraser Litigation group as associate counsel.

joined Larlee Rosenberg on January 19, 2015 where he will continue his immigration practice.

30 BARTALK / JUNE 2015

newmembers March & April 2015 Associates Robert Meyers

Sedgwick LLP Seattle

Dennis Anthony Q. Richardson

Warwick

Regular Members Barbara Alexander

Vancouver

Lauren Kim

RWE Law Corporation Vancouver

Articling Students Taruna Arora

Carla R. Lewis Law Corporation Surrey Lara Branson

Jenkins Marzban Logan LLP Vancouver Emma Dickson

North Vancouver Kate Lee

Deer Lake Law Group Port Coquitlam Alycia Moss

Moss Legal, P.C. Coeur d’Alene

Elysha C. Pel

Kornfeld LLP Burnaby Brett Shillington

McKenzie Lake Lawyers LLP Victoria

John W. Swain, Jr.

Tiffany Jeffery

Burnaby

Hannah Z. Lindy

Vancouver

Bahaiya Nabeel

Vancouver

Emily M. Stickland

Vancouver

Vancouver

Tiffany Warkentin

Surrey

Yuen Westwood Law Corporation Telkwa

Kathrine K. Tiwana April D. Wilkinson

Kelowna

Law Students Jasmine Fernando

Vancouver

UNLIMITED ACCESS. UNLIMITED SAVINGS. UNLIMITED RESOURCES. cbabc.org/bcadvantage JUNE 2015 / BARTALK 31

Help your clients plant their legacy today. Be informed.

Find out how at vancouverfoundation.ca/beinformed or call Kristin at 604.629.5186

vancouverfdn

RETURN REQUESTED TO: The Canadian Bar Association, BC Branch, 10th Floor, 845 Cambie Street, Vancouver, BC V6B 5T3