BarTalk | July/August 1992 by The Canadian Bar Association, BC Branch

NEWSLETTER oF THE

Presidenfs M essagf!

We may not be popular but we should certainly be proud

CANADIANBAR ----------------~------------------------~--~------------

ASSOCIATION, B.C. BRANCH

In this final President's Message (my able successor, Rob Gourlay will take office at the CBA National Convention in Halifax on August 26, 1992), I decided to philosophize a little about the incredible contribution made by the legal profession to Canadian JULY/AUG. society and, having said that, 1992 the question of why lawyers are not more popular.

Volume 4 Number 5

As I have travelled around the province to local and county bar meetings, and met with groups of lawyers, I have been reminded that many lawyers find the apparent unpopularity of our profession wearing. The supposedly funny "lawyer jokes," the off-hand and thoughtless remarks or outright

SectionTalk .......................... 3 Dalon heads LSS ................. 5

H I

':'lliiiiiiiil'::::o::

Registry Questions ............. 6 PlainTalk ............................... 7

: • •- -••• • • • More Section info ................ 8

lE n

New member services ....... 9

Special Supplements:

Legislative Update is featured as a separate supplement for your conven-

ience due to the high level of legislative activity. Annual Repot features audited financial statements for 1990191 and program highlights for July'91 to June '92.

attacks by some politicians and journalists, the easy characterization of lawyers as greedy and unscrupulous do tend to grate a bit. Interestingly enough, public opinion surveys indicate that most clients like their own lawyers and believe they have received quality service. As a profession, however, as we are only too aware, lawyers do not score in popularity contests. Why is that and should we care? The reality is that very often people who come to lawyers for assistance are already troubled and in significant difficulty of one kind or another. They have been charged with a criminal offence, their marriage is on the rocks, their business is floundering, they have been injured. They are often in an emotional state and, at least in the first visit, apt to believe that the righteousness of their position is so absolutely clear that it is completely unfair to have to pay someone to advance their obviously just argument. Many of the inadequacies of the justice system caused to a great extent by inadequate funding tend to be blamed on the people the clients see most, their lawyers. And there is no doubt that the increasing costs of overhead, competent support personnel and technology do mean that lawyers' fees are, relatively speaking, perceived as expensive. Most of us would not want to have to hire ourselves and pay our rates!

Wendy Baker, Q.C. President 1991/92 In..every lawsuit there is at least one loser and in many corporate and solicitor's transactions, one party or the other feels bested. In such circumstances, many people look for someone to blame and lawyers are handy targets. And, of course, there are bad apples in every barrel and although an incredibly small minority of lawyers are incompetent or dishonest, each one taints the public perception to a great extent. But you know all of this. So in those dark hours of professional soul searching, when your spouse's second cousin had told you yet another nauseating lawyer joke, you have received an unjustified complaint from a client to the Law Society about your practice, the Provincial Government has introduced an arbitrary tax on the consumers of your services or the press has reported that some lawyer has absconded to the South Seas with a client's trust funds, what Please turn to page 2

QC appointments celebrate Canada's 125th birthday The Honourable Kim Campbell, Minister of Justice and Attorney General of Canada, announced the appointment of 56 Queen's Counsel on June 30,1992. Appointments are made to those in private practice and government positions and recognizes these lawyers dedication to the law and its advancement in society. CBA President Wendy Baker speaks to the media after filing pleadings with the Supreme Court of B.C. seeking to have the recent provincial services tax declared unconstitutional. Simultaneous news conferences were held by Local and County Bar Presidents and elected Provincial Council members who issued the B.C. Branch media release and commented on the local impact of the regressive tax. Special thank you is extended to the following members who acted as spokespersons for this matter: Colleen Johel (Cowichan); Hugh Macinnes (Kamloops); Oliver Hui (Cariboo); Andrew Croll, Richard Rhodes, lain Mciver (Nanaimo); Azim Datoo (Courtenay); Bruce McConnan (Victoria); Gordon Marshall (Penticton); Peter Somerville (Kootenay) .

Those appointed from British Columbia included: David E.M. Jenkins, Heather, Sadler, Jenkins, Prince George Eric J. Rice, Campbell, Froh, May & Rice, Richmond Marvin Stark, Stark, Christian, Henderson, Richmond Robert P. Tinker, Tinker, Kueng & Company, Kelowna.C

President's Message (continued from page 1) can I say to comfort you? Well let me try. I believe, first of all, that if lawyers did not exist today they would be invented by society tomorrow. Lawyers perform very important societal functions. We are, first of all, the peacemakers in civilized society. We provide an alternative to neighbours shooting each other over disputed fence lines, we protect the weaker spouse against the stronger, more aggressive or unethical; we go to battle on behalf of people, often those unpopular in the eyes of the public, against whom the state has brought all of its weight and all of the machinery of the law enforcement process and the criminal law. We protect civil liberties, the right of free speech, free assembly, the protection of due process and recognition of the fact that in Canadian society the rule of law is supreme. People may speak disparagingly of lawyers, but many British Columbia parents hope that

their son or daughter will grow up to be one. Law school applications have never been higher. Every charitable and community organization is anxious to have at least one lawyer on its Board of Directors. The fact is that lawyers contribute, both professionally and on a volunteer basis, enormous hours and effort providing free legal services to people who cannot afford them, and assisting every variety of community organization, arts group or civic society. Contributions to law reform through section activity, and through the Provincial and National Canadian Bar Associations, public services like Lawyer Referral and the Dial-ALaw program operated by the British Columbia Branch, are all examples of the fine public service which our profession has offered since its inception. Whenever someone quotes to you that often misquoted line from Shakespeare about the plan to kill all the lawyers, remind that person that the pro-

ponents of the plan intended to overthrow the government of the nation and knew that in order to do so, they must undermine and destroy the profession that exemplifies and upholds the rule of law, the lawyers. We may never be popular but we should certainly be proud. In closing, I want to thank all who have supported me personally in my role as B.C. Branch President and also the work of the Canadian Bar Association over the past year, Bob Smethurst, and the terrific hardworking CBA branch office staff, my predecessor, Terry La Liberte and my successor, Rob Gourlay, the other members of the Branch executive and all those of you who served on Provincial Council, Section and County Bar Executives, the numerous committees and task forces of the Bar. You are the backbone of this profession. Wendy G. Baker, Q.C. President 1991/92

)

00:

~ ~

Shelley Bentley

Statistics on insurance claims and complaints to the Law Society Jackie Morris of the Law Society of B.C. addressed members of the Law Practice Management and General Practitioners (Lower Mainland) Sections recent~y on c?mmon problems leadmg to Insurance claims and complaints to the Law Society of B.C.. S~e revealed some helpful statistics on these issues. A clai~ is defined as a pay-out on the Insurance policy. The most costly claims (59%) come from the areas of real estate corporate law and wills andestates. The greatest number of claims (50%) come from the area_s of real estate and civil litigation. Forty-five per cent of claims are paid out for lawyers between ten and nineteen years of call. Common reasons for claims are poor office systems, not assignmg responsibility for the matter t? one person, lack of superviSion of staff, missed limitations poor drafting in the case of ' wills and agreements, not taking notes or confirming instructions in writing. Complaints to the Law Society, ~n t~e oth~r hand, occur primanly m family, civil litigation and real estate. Sixty-eight per

cent of the complaints involve firms with four or fewer lawyers and 51% of the complaints mvolve lawyers in the ten to nineteen year call range. Newly called lawyers have fairly few complaints. Sixty per cent of t~e complaints relate to poor c~Ient communication, many times relating to retainer letters lack of returned phone calls or ' poor office systems. Office systems are not always set up to determine if there are conflicts files sometimes disappear and' no follow-up system is in place. Finally, Morris commented that until recently there has been no communication of the standard which members were to meet. However, this is to change soon.

Standard mortgage clauses Most standard mortgage instruc_tions received by lawyers reqmre that the property insurance policy contain the "standard mortgage clause." Have you ever wondered what the essential difference between this clause and the "loss payable clause" is? Geoff Sutherland explained the difference recently to members of the Okanagan Property and Commercial Law Section. The interests of mortgagees may be protected in insurance policies under two different types of clauses. These are the "loss payable clause" and the "standard mortgage clause." Under the "loss payable clause," the proceeds of the insurance policy will be payable to the mortgagee in the event of a loss. The mortgagee, however may only recover that which is du~ to the mortgagor under the pohcy. Consequently, the insurer may oppose the recovery

of the proceeds by the mortgagee usmg any defences which he or she may have had against the mortgagor such as arson. The "standard mortgage cl_ause," o~ the other hand, proVIdes that m case of loss, the insurance proceeds shall be payable to the mortgagee notwithsta~di_ng any act, negligence, orruss10n or misrepresentation on the part of the mortgagor. A par ticular "standard mortgage clause" has been approved by the Insurance Bureau of Canada and is most commonly required by mortgagees in their mortgage instructions.

Reverse mortgages gaining in popularity Kelly Oehlschlager outlined the features and uses of reverse mortgages for Vancouver Real Property Section members. A reverse mortgage is security for a loan which after being advanced does not have to be repaid until the death of the debtor or the sale of the home. No interest or principal need be repaid during the term of the loan. The primary feature of most, but not all, reverse mortgages is that if at the end of the term, the loan amount with accrued interest exceeds the value of the property, the lender has no recourse against the debtor or the debtor's estate.

The reverse mortgage is essentially a financial product for seniors with a large amount of equity in their home or other ~eal property. It promises to be m ~eater demand as the populati~n ages. It is designed to avOid the rather significant public relations problem of having to foreclose at the end of the mortgage term on an elderly person and force him or her to find other accommodation.

SectionTalk (continued) The most popular forms of reverse mortgages are more accurately called "reverse annuity mortgages" (RAMs). Under RAMs the initial loan advance is used by the lender to purchase an annuity for the borrower. RAM lenders typically have obtained a prior opinion from Revenue Canada indicating the interest accruing on the loan can be offset against the monthly income stream flowing from the annuity. Therefore, a property owner can convert equity into a tax-free income stream flowing from the annuity.

New wills and estates concept of family property emerging Barbara Bulmer, counsel for the appellant in Wagner v Wagner, 62 B.C.L.R. (2d) 1, commented on a new concept of family property emerging in this case. Addressing Vancouver Family Law Section members, she observed that in acting in this case she has identified a ."wills and estates" concept of family property which is quite different from that understood in family law. In Wagner the Court applied a test for the moral duty of a testator who is a separated spouse under the Wills Variation Act. That duty is broader and more all encompassing than any duty owed pursuant to a separation agreement. There was a clear division in judicial thinking at the B.C. Court of Appeal and an application for leave to appeal to the Supreme Court of Canada is pending. The result of the case is that standard Clauses in separation agreements releasing claims under the Wills Variation Act are for all intents and purposes meaningless.

There was discussion during the section meeting to the effect that if a separation agreement is manifestly fair, that may help unless the surviving spouse has suffered a serious adverse change in circumstances since the agreement was executed. On the whole, a separation agreement is taken as a factor to be considered, but the "release of Wills Variation Act claims" clause is not a bar to taking action, which may succeed under the Wills Variation Act.

NDP government outlines plans for changes in area of municipal law Deputy Minister of Municipal Affairs, Recreation and Housing, Mr. Ken McLeod was welcomed at a recent meeting of the Municipal Law Section. McLeod outlined some of the changes planned in the area of municipal law. Bill 20 was recently introduced into the legislature. This Bill requires local governments to include policies in Official Community Plans (OCP) with respect to affordable, community and special needs housing. The Bill is not intended to be retroactive but will apply to an OCP at the time of its next major amendment. He advised that it was the Ministry's intent to delay implementation of the Bill until September 30, 1992 and suggested that there might be some formal financial assistance to municipalities to enable them to meet the requirements of Bill 20. McLeod suggested the forthcoming amendments to legislation affecting local governments included amendments to outdated fees, changes to interest rates, the adoption of gender

neutral language, and a provision regarding the making of reasonable effort to satisfy statutory prerequisites to the adoption of bylaws. He also hinted that there may be legislation forthcoming which would empower regional districts to conduct referenda on general questions. On the longer term agenda, McLeod advised that it is the Ministry's intention to modernize the Municipal Act and that research was being conducted into a new type of Municipal Act, with some attention being paid to the model presented by the province of Alberta. Among the revisions contemplated are those relating to the elections section of the Act as well as the restoration of some form of regional planning that would recognize and balance municipal and regional interests. He commented that prior to the adoption of such legislation there would be extensive consultation. C

Member Services product of the month Thousands of dollars can be saved on a car purchase when you use your CBA (B.C. Branch) Members Services agent, ProGroup Sales and Leasing Inc. This issue of BarTalk includes a special brochure outlining the specific details of the ProGroup car purchase Plan. Call 2704466 for further information. C

Society must build strategic plan to establish priorities for 90s, says new Legal Services Society Executive Director Richard Dalon Richard Dalon is the new executive director of the Legal Serv- . ice Society. Dalon has had extensive experience working in government, most recently as Deputy Minister of the Environment. In announcing the appointment, Chairman David Rice said Dalon had been selected for his strong management and leadership skills. Dalon arrives at the Legal Services Society at a critical time. External reviews of management structure and service options were carried out the past year. The Society faces a $25M deficit due, in part, to increased case loads and a significant tariff increase. Dalon's first task will be to build a new management team to guide the Society to financial stability. "A short term business plan is already in place," said Dalon. "The Society must build a strategic plan to establish its priorities for the 90s. I am keen to get people to see relationships among different issues. Consultation and cooperation with the Bar, the government and

other stakeholders is essential if the Society is going to provide effective services to our clients in a responsible and equitable manner, in a period of fiscal restraint." Dalon, a native of Pennsylvania, first came to Canada in the mid sixties to pursue post-graduate work at the University of Alberta in Edmonton. After completing a master's degree in philosophy, he began a Ph.D program in interdisciplinary studies. In 1972, an invitation to jo.i n Alberta's new Intergovernmental Affairs Ministry, took Dalon out of the academic world and into pipeline negotiations. After several years, having led a number of projects for the Alberta government, including being coordinator for the Alaska Highway Gas Pipeline Project, Dalon decided to move to the federal government with the then Department of Indian and Northern Affairs. In 1988, Dalon joined the B.C. Environment Ministry at a time it was being down-graded.

Legal Services Society appointments Leslie Arnold, deputy executive director, has served nineteen years in government, most recently as Assistant Deputy Minister in the Ministry of Social Services. She will be responsible for the client service components of the society. Robert Kasting, director of client services/ field operations, worked with the Department of Justice in the Northwest Territories, most recently as Director of the Legal Division. He will be responsible for the work of the branch offices and community law offices. Sandra Stoddart-Hansen, director of human resources, has worked with the federal gov-

ernment since 1972, most recently as Regional Director of the Department of Supply and Services. She will be responsible for all personnel services. Nancy Harter, controller, worked for Standard Broadcasting Corporation, and will develop and implement financial policies. Nancy Henderson, manager of audit and investigations, was called to the Bar in 1985 and worked at the Law Society since 1989. She will be responsible for designing and implementing a program to review accounts submitted by lawyers to the Legal Services Society. C

Richard Dalon Executive Director Legal Services Society During his time at the ministry, Dalon oversaw its return to full ministry status. Dalon does no~ take credit for the ministry's growth. He points out that public support for environmental issues had reasserted itself; the public had recognized some responsibility for the health of the environment. This new awareness meant dramatic change in the ministry. Dalon is married to physiotherapist Mary Jane; two sons attend UBC and a daughter is in grade eleven. He is an avid reader and traveller and most recently spent his 50th birthday in Leningrad and Vilnus visiting the homes of his fathers. C

Institute seeks new executive director The National Judicial Institute is seeking applications for the positionofcxecutivedirector. The Institute is located in Ottawa and has a full-time staff of nine and currently organizes or sponsors 25-30 courses and seminars for judges each year, as well as being involved in many other matters related to judicial education. Applications should be submitted before September 1, 1992 and complete details can be obtained by contacting the Secretary of the Board at (613) 996-9296. C

Registry questions answered by Joa" tte Puwer, Ma"ager, Registrar Program

Q. What are Probate fees on Canada Savings Bonds located in Alberta? What is the practice and what do you think it should be?

A. Assets should be listed within B.C. if they can be transferred within the Province using the B.C. grant. I contacted the Bank of Canada and they advised Canada Savings Bonds can be redeemed anywhere in Canada. Q. What is the name of the case that deals with GST not being added to the items?

A. GST is allowed on disbursements. Borisoff v. Cooper, et al. Q. When an award of special costs is made by the court under Rule 57(3) how is the bill presented at the assessment and what does the Registrar look for?

A. We went to Master Horn for his interpretation: A court may order that costs payable between party and party be assessed as special costs (Rule 57(1)]. Special costs were formerly called "solicitor and client costs". A bill for special costs is presented in the same form as a bill between solicitor and client under the Legal Profession Act. It may be presented on a lumpsum basis [Rule 57(34)]. This only means that the fee may be set as one lump sum and notallocated item by item. A lumpsum bill must contain such description of the nature of the services and of the matter involved as would, in the opinion of the registrar, afford any solicitor sufficient information to advise a client on the reasonableness of the charge made [Rule 57(3)]. Particulars may be demanded and ordered if a sufficient description is not given. In assessing a bill for special

costs the registrar is performing a task similar to that which he performs when reviewing a bill between a solicitor and his own client. The registrar will, however, assess the bill applying a different standard from that which he must apply under s.71.1 of the Legal Profession Act. The considerations which a registrar must take into account are set out in Rule 57.(3) and those considerations are not the same in all respects as those set out in s.71 .1 of the Legal Profession Act. In particular, the following circumstances which are relevant upon a review under the Legal Profession Act, are not relevant upon an assessment under Rule 57(3): (1) The member's character and standing in the profession, (2) Any agreement between the member and the client that fixes a fee rate on an amount per unit of time spent. Nor is the ability of the client to pay a relevant consideration [O'Connell v. Gelb (1988) 29 C.P.C. (2d), 124].

The registrar must, upon an assessment, consider the benefit to the party whose bill is being assessed of the services rendered by the solicitor [Rule 57(3)(g)). The registrar must only allow those fees, expenses and disbursements which were reasonably necessary and proper to conduct the proceeding, and may not, as he may upon a review under the Legal Profession Act, allow fees, expenses and disbursements which were requested or authorized by the client or which were approved by the client or which were in the reasonable opinion of the client's lawyer calculated to advance the interest of the client, if such were not reasonably necessary. As to disbursements, the Regis-

trar must disallow charges and disbursements which were not necessary or proper, even though they were specifically authorized by the client [Rule 57(8)]. While it is not proper to present evidence of the opinion of a solicitor as to the nature and importance of the services rendered and the reasonableness of the charges made where a bill is being assessed under Appendix B, it is proper for the Registrar to hear such evidence upon an assessment of a lump sum bill for special costs. No party may put in evidence the opinion of more than two solicitors, and any solicitor giving an opinion may be required to attend for examination and cross-examination [Rule 57(36)]. Notice may have to be given under s.l1 of the Evidence Act (Copper-

view Haven Ltd. v. Waverley Park Estates Ltd. (unreported June 13, 1983, No 398 (Kamloops). Since party and party costs are only a partial indemnity, where special costs are awarded it is proper for the registrar to illquire what were the actual fees paid or agreed to be paid by the successful party to his own solicitor, and for that purpose, discovery may be obtained of materials in the solicitor's file which bear upon the financial obligation of the client or his solicitor, but subject to all just claims of solicitor and client privilege (Denovan v. Lee (1991) 62 B.C.L.R. 213). Q. Can s.15(1)(b) of the Court Order Enforcement Act apply (application for payout after 3 months) to an action where Judgment was obtained pursuant to Rule 18(A)?

A. No. Section 15(1)(b)- "the Judgment was obtained by default and 3 months have expired from the day the money was paid in ." C

In Favour of Plain Language DUFfY®

BR UCE H AM M ONd

33% to 50% less time to understand statutes written in plain language than lawyers working from traditional versions. • When the Royal Insurance Company of Canada unveiled its "simple English" homeowner's policy, sales jumped 38%, from $58 to $79 million, in one year.

Perhaps no other professionals are ridiculed as much for their language as are lawyers. Who hasn't slipped an "aforesaid" or "hereinbefore" into a contract or pleading? Unfortunately, for writing poorly, we're paying a huge price. A recent survey by the Plain Language Institute of B.C. reveals that 64 percent of British Columbians feel "frustrated and angry" when they read a legal document, and 57 percent say higal documents are poorly written and hard to understand. The Canadian Bar Association shares the public's frustration with legalese. In 1990, they copublished The Decline and Fall of Gobbledygook which recommends that lawyers use plain language in all their written communications. Renowned author and lawyer, Bryan Garner, says, "There's probably no single reform that would improve the image of lawyers more than to get them to speak plainly and directly and understandably." So what is plain language? It is clear English that your reader can understand. It involves good organization, simple sen-

tence structure, familiar words and an easy-to-read design. Instead of writing: Maker(s) hereby acknowledge receipt of a completely filled in copy of his note and disclosure statement prior to execution hereof this _ _day of _ _ , 19_.

a lawyer using plain language · would prefer: I received a completed copy of this note and disclosure statement before I signed the note-- - - - - - - - Date_ _ _ _ _ _ _ _ _ __ (from Legal lAnguage Survey, the State Bar of Texas)

Plain language saves time and money- and is good for business. Two examples: • Lawyers who participated in an Australian study spent

Shrewd lawyers know that if they don't write clearly, legislation could force their hand. In Alberta, the Financial Consumers Act requires certain documents be in "readily understandable language and form" . Individuals who contravene the Act can be fined up to $10,000. In B.C., a recent poll done for the Institute suggests that more than 90 percent of voters would support a law mandating the use of plain language in legal and consumer documents. Canada is a leader in the international plain language movement. From October 22 to 24, the Institute will host the just Language conference in Vancouver featuring keynote speakers from around the world. These events are helping lawyers realize that plain language is vital to truly serving their clients. You, too, can improve your writing- and please your clients- by using plain language.

Reader's Corner Do you have a writing challenge for ·us? An unwieldy clause in a precedent, or a stilted pet phrase you can't seem to shake? Send us your sample (no more than 100 words, please!) and we'll try rewriting it in a future column. Write or fax:

CLE Plain lAnguage Project 150 - 900 Howe Street Vancouver, B.C. V6Z2M4 669-3546 Fax: 688-2566

Do you have any concerns about using plain language? We'd like to hear from you, and will address your concerns in an upcoming issue. Contact us at:

The Plain lAngU/lge Institute of B.C. 1500- 555 West Hastings St.

Vancouver, B.C. V6B4N6 687-8895 Fax: 687-0018

PlainTalk is jointly sponsored by the CLE Plain Language Project and The Plain Language Institute of B.C. The Project teaches B.C. lawyers plain language writing skills and converts legal precedents to plain language. The Institute promotes plain language in the broader context of government, business and the legal community. It also funds this column.

Section participation keeps you informed of new developments The 50 CBA (B.C. Branch) Sections are seeking enrollment for the 1992/93 program year now. You will have received your Section Enrollment form and are reminded that you can register to receive notices of meetings for two Sections for free! To receive Section notices and minutes, each Section registration is $20. New Sections entering their second year of operation are Criminal Justice (West Kootenay), General Practitioners (Lower Mainland), Law Practice Management, and Pensions and Benefits. B.C. Branch Executive Committee member Emily Reid will assume liaison between the Executive/ Provincial Council and the Sections for the coming year. Specific enrollment questions can be directed to Fran Hodgkins at the B.C. Branch office (687-3404). Registration received before August 19 guarantees that you will not miss any materials circulated for the new program year. Enroll today! [J

Child protection review receives Bar comment The provincial government's community panel toured the province from February to June of this year in its review of child protection legislation. Each of the B.C. Branch Family Law Sections sent representatives to meet with the panel when it came to their communities The panel held its major hearing in Vancouver. Section representatives were also appointed to a special B.C. Branch Committee which prepared a written submission for the panel. The co-chairs of the Com-

mittee, Rose Raven and Barbara Bulmer, appeared before the panel on June 11 to present submissions. The B.C. Branch extends its appreciation to the following Committee members: Stephen Soli (Kamloops); Michael Newcombe (Okanagan); Barbara Bulmer, Sonja Sanguinetti (Vancouver); Dianne Medon-. aid (Victoria); Gordon McPherson, Rose Raven, (Westminster); and Ann McLean, B.C. Branch Legislation and Law Reform Officer. D

The Young Lawyers (Victoria) Section is well established and provides a wide-range of programs. We want to start a new Young Lawyers (Vancouver) Section of the CBA (B.C. Branch). We want to provide support and advice for lawyers like ourselves who are just beginning the practice of law, regardless of age. But first we need a minimum of 25 CBA (B.C. Branch) members who are willing to become members of this new section. If you are interested in becom-

Computer problems? Technologically perplexed? The Computer Law Section is interested in receiving your questions about the use of computers in the practice of law. Members of the section may have already dealt with a problem similar to yours in practice or know of someone who has. The Section will consider your questions and publish answers in the monthly Computer Law Section minutes. Send your questions by mail or FAX to: Computer Questions, Canadian Bar Association, 504-1148 Hornby Street, Vancouver, B.C. V6Z 2C3 FAX: 669-9601. D

Is there life after articles? Attention all nearly-called and newly-called lawyers! Are you wondering if there is Life After Articles? Are you hanging out your own shingle in a vacuum? Are you feeling your way through your first year as an associate? If so, then we need your help and you need ours!

ing a member or helping us plan our agenda, please call: JoAnne Corrigan (732-1495) or Sandra Benson (689-9936). D

Errata The June 1992 BarTalk reported on page 2 that Mr. Ted Hughes is a member of the B.C. Police Commission. In fact, Mr. Hughes was a member until June 1991 at which time he was replaced by Stephen R. Stackhouse who was appointed as the first full-time B.C. Police Commission Complaint Commissioner with specific responsibility to hear citizen complaints. On page 6, the Inn of the Sea Resort's telephone number was incorrect. The correct telephone number is 245-2211. In the description of the Schooner Cove Resort Hotel and Marina, the text should have read (The Resort) offers

golf, fishing, tennis, heated pool, hot tub, dining and lounge and seminar/conference facilities. D

Professional consulting services endorsed by B.C. Branch Williams, Penner and Co. has been endorsed by the CBA (B.C. Branch) Member Services Committee. The firm provides professional consulting services exclusively to law firms.

Services provided include: Firm Governance: mediation/ arbitration, partner compensation, assessment of the effectiveness of firm governance at all levels;

Williams, Penner and Co. concentrates on the business of the practice of law, with the objec~ tive of improving the effectiveness of a law firm's management and therefore, its profitability.

Profitability Improvement: develop cash enhancement program, review internal systems, convert technology from a liac bility to an asset; Strategic Planning: anticipate

The four tours include: Transcanal Cruise: departures on Jan. 16, 1993 and Feb. 27, 1993 Galapagos Islands: departure April17, 1993

Williams, Penner and Co. again will be tabulating the results of the surveys sponsored by the Vancouver Association of Legal Administrators (VALA) and the Canadian Bar Association, B.C. Branch. If you choose to participate, the

results will be available to your

Human Resource Development: effective use of personnel to achieve optimum staff cost/revenue ratios.

Scandinavian Tour: departure July 27, 1993

9315. []

South Pacific Tour: departure October 8, 1993.

Counsel Network adds outplacement service

These tours include round trip air transportation, professional tour director, hotel pre-registration, varied programs of optional sightseeing excursions, travel and tourist information, and more depending on the location. Complete information on the first tour adventure will be mailed to all members soon. []

Save by participating in annual salary surveys The Support Staff Compensation Survey and the Lawyer Hourly Rate Survey results are analyzed for the province as well as on a regional basis to provide an excellent source of current salary and hourly rate information.

Technology: assess utilization, provide training and organization to enhance productivity, total system analysis and organization;

For further information contact Williams, Penner & Co. at 38 12800 Bathgate Way, Richmond, B.C. V6V 1Z4; Telephone: 244-

Plan your exclusive holiday adventure now Deluxe, professionally escorted holiday adventures will be available exclusively to CBA (B.C. Branch) members in 1993. The Member Services Committee has endorsed Vantage Travel Services Inc. to provide four deluxe packages to CBA members in the coming year.

major trends, create strategies for change, identify and resolve critical issues;

firm at a significantly reduced cost than that of non-participants of the survey. Participants are offered the completed surveys based on the following fee schedule: Firm size 1-15 Firm size 16-39 Firm size 40+

$30 per survey $50 per survey $75 per survey

If you do not respond to the

survey, results are still available to law firms, but the cost is $200 per survey.

Counsel Network has expanded its services and now provides lawyer career counselling and outplacement on an individual or customized basis. This service complements the current lawyer search andrecruiting services offered by Counsel Network. This firm is endorsed by the Member Services Committee of the CBA (B.C. Branch). Contact Stephen Nash (6431755) for further information regarding the Counsel Network and its services. []

To participate and take advantage of the reduced rates, look for the survey questionnaires mailed from the CBA (B.C. Branch) during the early part of October 1992. If you have any questions or

comments regarding the surveys, please contact: Linda Penner, Williams, Penner & Co. (244-9315) or Vicki Streeter, CBA (B.C. Branch), 687-3404 . []

Reid chairs board of Pavilion Corporation Diana R. Reid, as the new chair of the 10-member board of directors of the British Columbia Pavilion Corporation, will oversee some of the province's most important public facilities. The Crown corporation operates and manages the Vancouver Trade and Convention Centre, Robson Square Conference Centre, B.C. Place Stadium, the Fraser Valley Trade and Exhibition Centre and the Bridge Studios. Reid is with the firm of Lang . Michener Lawrence & Shaw and has been an active member of the CBA (B.C. Branch). She assisted in a major review of the B.C. Branch's communications roles and objectives as a

member of the Communications Committee. She also serves as the B.C. Branch representative on the Law Society's Communications Committee. Reid also chaired the B.C. Branch's Wills and Trusts Section in 1988/89 and continues to participate in and provide timely presentations to Section members. Lawyers George Fujisawa and Richard Gibbons have also been appointed to the corporation's board . Other board members include Les Atchison, Julia Blockberger, Marie DeCaire, Gary Duke, Georgena Good, Ann Pollock and Warren Buckley. []

Diana R. Reid Chair, B.C. Pavilion Corporation

Dates to note

Special conferences to note: Just Language

OutRights/Les Droits Visibles

A conference on the theory and practice of plain language in law, government and business will be held from Oct. 21-24 in Vancouver. This conference will bring readers and writers together to focus on the reality that people - not words- create meaning. Registration information can be obtained from the Plain Language Institute, Suite 502-1155 West Georgia St., Vancouver V6E 4E6 or call6878895.

Second Pan-Canadian Conference on Lesbian and Gay Rights will be held Oct. 9-11 in Vancouver. Various workshops and small group discussion will be organized in six general areas including streams focusing on AIDS/HIV and the law, working in law, and human rights legislation. Registration information can be obtained from OutRights, 321-1525 Robson St., Vancouver V6G 1C3 or call 683-4176. []

BENCHC~AQ I ~INNEI! 2 November 19, 1992 Law Courts Inn, Vancouver Mark your calendar to attend. The B.C. Branch first annual Distinguished Service Award will be presented.

September 10, 1992 Section Chairperson's Meeting Law Courts Inn, Vancouver September 19, 1992 Provincial Council Meeting Law Courts Inn, Vancouver October 24, 1992 Local and County Bar Meeting Fours Seasons, Vancouver November 19, 1992 Bench and Bar Dinner Law Courts Inn, Vancouver December 5,1992 Provincial Council Meeting Four Seasons, Vancouver BarTalk is published by the British Columbia Branch, Canadian Bar Association, 504-1148 Hornby Street, Vancouver, B.C. V6Z 2C3 Telephone: (604) 687-3404 FAX: 669-9601 LesJslation and Law Reform OJticer: (Victoria) 370-2234 Alistair Eagle Photography (688-8867) is the CBA (B.C. Branch) official photographer. ÂŠCopyright the British Columbia Branch of the Canadian Bar Associ a tion-1992.