CBABC proposes Registered Plan (Retirement Income) Exemption Act
As March 1 approaches , our thoughts naturally turn to RRSP contributions Have we saved enough already? Should we top-up 2005?
But a more important question might be: will our RRSP savings be secure? At CBABC , we are working to ensure they will be protected.
Currently in British Columbia, registered employer pension plans and RRSPs issued by insurance companies are generally exempt from enforcement measures by creditors while other RRSPs and types of retirement investments are not This has created an inequity in treatment between wage earners who receive retirement pensions and those who are self-employed and obtain their retirement funds primarily through other investments
There is no protection for registered retirement income funds (RRIFs), deferred profit-sharing plans (DPSPs), or RRSPs not issued by insurance companies. These types of unprotected retirement savings plans are the primary retirement savings options for many self-employed and small business operators, including many CBABC members . For that reason, CBABC has taken a strong advocacy role to protect life savings in RRSPs, RRIFs and DPSPs.
Since 2003 , the Legislation and Law Reform Committee of the CBABC has actively monitored the law and policy across Canada governing creditor enforcement of RRSPs, RRIFs and DPSPs This includes work by the Uniform Law Conference of Canada, the Alberta Law Reform Institute, the
Canadian Personal Insolvency Task Force, the CBA National Bankruptcy and Insolvency Law Section and other law reform bodies.
In November 2005 , the CBABC submitted its brief calling on the Government of B.C . to enact the Registered Plan (Retirement Income) Exemption Act The Registered Plan (Retirement Income) Exemption Act is based on the Uniform Law Conference of Canada model statute This Act would provide many benefits to self-employed and small business owners in the province, including lawyers The Act would ensure protection of RRSPs, DPSPs and RRIFs from creditor enforcement, providing needed certainty in the law and harmonizing B.C with federal laws. Traditionally, Canadian law encourages retirement savings and the Registered Plan (Retirement Income) Exemption Act promotes and protects this worthy policy goa l.
"We believe in the value of ensuring equity in the treatment of retirement investments before the law," says CBABC President Meg Shaw. "Many lawyers and other self-employed people have planned their futures based on the retirement vehicles available to them; we want to ensure that they are not treated any differently than those who have different investment options."
For more information about the CBABC's advocacy campaign for the enactment of The Registered Plan (Retirement Income) Exemption Act fo r British Columbia, visit www.cba.org/bc. BT
take a look at healthier lifestyles for lawyers, identified in a recent Ipsos-Reid poll as the # 1 concern among lawyers From retirement and insurance planning to stress relief and helping others - 8 guest contributors join our regular columnists in exploring this topic.
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CAROLINE NEVIN LETTERS TO THE EDITOR
THE PIRATE'S CODE (VOL. 17, NO.6)
I thoroughly enjoyed your article in the December 2005 issue of BarTalk entitled " The Pirate's Code ." Ironically though you end this
Send your LETTERS TO THE EDITOR to:
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article with the quote "We're not the Pirates." The truth of the matter though is that Smallco is also the Pirates - they have done exactly the same thing to a smaller, less powerful organization. Perhaps it is the nature of the world that the strong will take advantage of the weak, gi ven the chance and public relations departments.
In B.C. , the provincial government ("Smallco" if you like) entered a " Code " with the Crown Counsel of the province, whom I shall call "Evensmallerco ," in one of Smallco 's weaker moments. This Code stated that disputes were to be settled by Arbitration and Evensmallerco (being smaller) agreed to be bound by Arbitration Smallco would not agree to be bound by Arbitration but said that they would at least give a reason if they refused to comply. An Arbitration decision came down that Smallco did not agree with so they simply refused to comply without reason . E ven smallerco took them to a binding hearing. It wins . Smallco is told at the binding hearing that they have been "bargaining in bad faith ." Smallco then says because we write the laws we will write a new law so that the Code does not apply.
I feel sympathetic for any British Columbian who has suffered loss due to the softwood lumber dispute . I can't feel sorry for Smallco when under similar circumstances they acted just like Bigco. The larger concern that I have is that who can trust Bigco or Smallco to live up to its agreements when they will simply refuse to abide or re-write the laws - Craig Giles
Are You Taking the Challenge?
The Canadian Government's One-Tonne Challenge asks you to reduce your annual greenhouse gas IGHGI emissions by one tonne.
CBABC is looking to recognize members and member firms which are finding innovative and effective ways to use less energy; conserve more water and resources; and reduce waste. Please e-mail your success stories to the Bar Talk editor bartalkca •bccba.org or by fax at 604-6699601 and you or your organization could be chosen for special recognition in an upcoming Bar Talk. For more information about the One- Tonne Challenge please visit http://www.climatechange.gc.ca/onetonne.
Healthy Lifestyle - Do You Enjoy One?
Do you regularly take time for yourself? Real time to do the things in life you enjoy doing, other than work? Until last fall, I was like the majority in our profession in that I usually came in last place on my own priority list My work was more important I worked long hours and often
In our profession, we are losing too many young lawyers because our professional culture expects the all -consuming commitment to our work related activities.
Marguerite !Meg) E Shaw President 2005/2006
B.C. Branch Canadian
the profession is the desire to spend more time on personal and family needs "
Bar Association Are lawyers capable of making
Jatrine Bentsi - Enchill, J.D CPCC states in her article found in Practice Link, "It's well documented that one of the main reasons lawyers consider leaving weekends. My family wa s more important When I was not working, I spent my time trying to meet my family's needs. I came in last.
Last October I experienced a herniated disc in my back which resulted in unexpected hospitalization and surgery. It is amazing how your outlook changes when you are flat on your back in pain . I suddenly found myself moving to the top of my list of priorities. But
changes in our professional culture to encourage young practitioners to have a healthy lifestyle balanced between work and family and personal needs? I think we are.
As Cheryl M. Stephens states in her article, Work/Life Balan ce? as my health improved over the last couple of months, I found myself slipping back into the 10 hour work days
Most of my colleagues work long hours It is far too easy in our profe ssion to immerse yourself in
"In our profession, we are losing too many young lawyers
because our professional culture expects the allconsuming commitment to our work related
activities." your work We deal with people who need our help on complex issues . As solicitors, we are perfectionists. As litigators, we are competitive. In our firms we are under pressure to make the required billable hours or billing goal. We have our billable work, our pro bono work, our professional volunteer work, and our community volunteer work. And those of us in smaller firms have our unpaid office administration . 4 BARTALK Feb r uary
Let's Get Flexible First, "Recruitment and retention of valued staff require that the law firm provide and improve work - lifestyle benefits and services, leave benefits, supportive work environments, and alternative work
arrangements and schedules Law firms must now accept alternatives to the 60-hour work week , rigid schedules and location constraints." Collectively, we need to take steps to retain our young lawyers, and individually, we need to recognize that to take care of our families, practice, and clients, we must first learn to take care of ourselves. BT
Forget Balance - Think Quality
Forget balance! Forget the word - not the concept
Think "quality" instead.
For years we've been talking about achieving work-life balance. Whether you think of balance in terms of a balance sheet
Enterprises, an international research and consulting firm based in Toronto.
ability to achieve it is frustrating , if not impossible
Instead of balance, we should be looking at work and life quality; quality oflife and quality of work and work experience As a professional, your aim is to maximize your ability to contribute to the success of your firm through quality improvements and quality enhancements . For example, instead of starting with the premise of "I need balance in my life so I need a flexible work arrangement" start with "In order for me to serve the client to the best of my ability .. meet our obligations .fulfill our commitments ensure consistently high quality service .. be the best possible litigator .. reach my full potential my optimal workload is 80% or 37-42 hours per week including billable and non-billable hours." Then you can start negotiating terms of engagement with your employer
Follow this simple five-step process and you will likely find it much more comfortable, natural and professional than asking for 'an accommodation to solve a personal problem.'
STEP 1. Eliminate the term 'work-life balance ' from your personal and professional lexicon . Start thinking in more concrete, measurable, business terms- think
STEP 2. Define quality of work (individual performance, work experience, contribution to the team/organization, etc.) and what quality of life means to you (having time, energy and resources to . .. ski, volunteer, participate in your child's field trips, care for a loved one, etc.).
STEP 3. Assess your current quality level and what adjustments need to be made in your behaviour, work
'work-life quality.' Reframe your thoughts/message as 'quality' and see how much clearer, easier, and professional it is. that you are trying to reconcile (taking from the life side to add to the career side, or vice versa , in hopes of finding the ever-illusive magic formula), or a balance beam or tight rope, (precarious at best and near impossible when you are running full speed ahead, while being pulled in all directions), the
arrangements, priorities etc . to reach your quality target.
STEP 4. Determine what resources and supports are required to implement a work-life quality improvement plan.
STEP 5. Develop a system for continuous quality improvements including regular review of definitions of quality (at least annually -your birthday is a great day for this task); regular assessment of your achievements, accomplishments and contributions to your clients and team at work; your family, friends and loved ones; your professional and personal communities; and most importantly yourself - your health and well-being, your relationships, your dreams, aspirations, interests and passions.
Ba lance, juggling and harmonizing may require new skills, but for those in the legal profession, articulating, assessing, negotiating and planning are what lawyers do every day. Apply those skills to achieving work-life quality and you will be surprised how easy it can be.
For more information about work-life quality contact Nora at nspinks@worklifeharmony.ca or 1-800-965-2414 or go to www. worklifeharmony.ca. BT
Nora Spinks is President of Work-Life Harmony
TV Spots to Air During Olympic Games
The CBA is rolling out its image campaign in English and French during the 2006 Olympic Games. The 30-second TV spots will be aired on CBC's main network, Newsworld, and TSN between Feb. 6 and 20, 2006. CBA members rank promoting image of the profession in the top three services provided by the Association. Watch the TV spots at http://www.cba.org/CBA/about/discover/
Proper Regulation of Immigration Consultants Needed
The CBA has criticized the apparent absence of effective competence and professional accountability standards within the Canadian Society of Immigration Consultants in a Dec. 12 letter to then-Immigration Minister Joe Volpe. "The CBA has long been concerned about the serious problems created by unregulated 'immigration consultants.' In our view, on ly lawyers or Quebec notaries in good standing in a Canadian jurisdiction, or consultants regulated by a proper licensing body should be allowed to provide immigration legal services," said CBA President Brian A. Tabor, QC.
View letter at: http://www.cba.org/CBA/submissions/pdf/05-60-eng.pdf
Member Savings
• Dye & Durham
Corporate and Securities e-searches across Canada at 30 per cent off.
http://www.eservicedd.ca/
• The Counsel Network
Offering its Preferred Recruitment Benefits Package for Law Firms. Only to CBA member employers. Details online or call Stephen Nash, CEO, directly at 1-800-Counsel.
http://www . headh un t. com/pdf s/ cbaeng.pdf
• Primus
Reduced rates for home and business including four cents a minute for Canada and U.S. long distance. Plus toll-free calls with no monthly fees.
http://www. prim us tel. calcbas
Three Notices to the Profession Issued by Chief Justice Brenner
Requests to Appear Back Before a Specific Judge/Master
http://www.cba.org/BC/pdf/courts/sc_12_12_05.pdf
Matters Within the Scope of the Commercial Chambers
CBABC member, Halldor Bjarnason dons a Spider-Man costume and rap pels down the side of the 17-storey office tower where he works at 1185 W. Georgia St. on September 27th, 2005. Bjarnason, a recipient of CBABC Equity and Diversity Award, took the plunge to raise money for Drop Zone, an Easter Seals fundraiser for kids' camps.
Beth Bilson Named Editor of Canadian Bar Review
Prof. Beth Bilson, of the University of Saskatchewan College of Law, is the new editor of the CBA ' s prestigious Canadian Bar Review. The first female dean of the College of Law from 1999 to 2002 , Prof Bilson was appointed editor on January 1. She received her Ph D. from University College London, Faculty of Laws, and is widely recognized for her work in labour law and as head of a federal task force on the equity provisions of the Canada Human Rights Act
Submissions for the Review may be sent to the editor at beth bilson@usask ca
Are Your Retirement Savings Working for You?
The CBA Financial Services Corporation (CBAF) offers a low-fee retirement savings solution that accesses some of Canada's leading funds and fund managers. This RRSP season, don't wait until the last minute. By investing your money on a regular basis through CBAF, you can get more of your money working for you.
Details at www.barfinancial.com
CBA PracticeLink: Podcast on Client Retention Strategy
Q u ality service alone isn't enough to attract and retain clients Client retention strategies must be customized, well-executed, and must demonstrate a sound understanding of your client's needs and challenges, as well as a thoughtful approach to surpassing expectations. Listen as this podcast walks you through five key client retention techniques.
• Listen/view online (audio with synchronized presentation)
> http://www.cba.org/cba!PracticeLink/podcasts/retention/index html
Ten continuing legal education programs are on the agenda for Spring 2006. Subje cts include elder law, civil litigation and insurance law, immigration law, charity law and many more!
Programs include :
Canadian Immigration and Citizenship Law in a Post-IRPA Era
Quebec City I May 5-6
Aboriginal Law: Indigenous Peoples and Natural Resources
Calgary I March 10-11
Focus on the interaction between the resource development sector and Aboriginal peoples. Updates on the MacKenzie Valley Pipeline project, the Mikisew Cree decision, and managing complex aboriginal litigation in the Federal Court.
Planning for Later Life, Part II: Legal, Financial, and Marketing Solutions
Ottawa I March 24 -25
Case studies, practice tips and legal, financial and marketing solutions for retirement financing, preservation of assets, cross-border tax and wills/powers of attorney recognition issues affecting roaming retirees , and more Can you make a living in elder law?
Your Bottom Line- Strategies for Success
Montreal I April 7
Create a successful practice Learn how to attract and retain happy clients, to hire and keep the best talent, to review your management and finances, to master available technologies, to take the lead in a competitive market.
Full list and details : http://www.cba org/cbalcle/ cleOO/
SECTION TALK SHELLEY BENTLEY
The CBABC sponsors 68 Sectio ns which play a vital role in keeping members informed both on changes in the law , and legal and political issues affecting a given area of practice They are the main resource utilized by the CBABC in legislative review, law reform initiatives, and in responding to matters affecting the profession. What follows is a sample of the recent activities of some Sections.
FREEDOM OF INFORMATION AND PRIVACY LAW SECTION
UBC Professor Emeritus, Dr. Richard Rosenberg, spoke about privacy and security issues in the use of technology in the workplace and elsewhere. In describing the growing tendency to monitor the worker rather than the work he mentioned a variety of technological threats to worker privacy: the counting of keystrokes and absences from the computer, reading of employee e-mail, capturing and measuring employee internet activity, regular monitoring of
horizon. Implants are already used in Mexico by the Mexican Attorney General and security staff The U.S. Real J.D. Act allows the Secretary of Homeland Security to require RFID in all U.S. Government issued I.D.
Computer technology makes all of the above-mentioned practices possible but at what cost? There is no comprehensive federal policy in Canada governing the u se of electronic monitoring. Professor Rosenberg outlined a in Vancouver.
employee locations with cards, beepers and TV cameras and service monitoring or "eavesdropping" by recording calls with customers, carrying out background checks over the internet, and checking washroom visits. U .S. decisions covering the use of these technologies by employers have come down heavily on the side of employers' rights.
He described some future technologies and their uses: psychological tests to determine stability of potential employees, genetic tests to predict the possibility of terrible diseases. RFID (radio frequency identification) or the use of tags with microchips and antennae are currently u sed in pets and livestock, auto theft prevention, building access and quick payment fobs. Wal-Mart now uses them to prevent theft. Every pallet shipped to Wal-Mart from their 100 largest suppliers must be tagged. This is expected to result in savings of $407 million USD per year. Eventually every item manufactured could carry an RFID tag for consumer tracking. Tests using item tagging are being run by Gillette and Proctor and Gamble. Professor Rosenberg warned that once this starts it will be difficult to stop. He cautioned that widespread use of human implants and RFID - chipped identification could also be on the
practices
sample "RFID Bill of Rights" for consumers:
• The right to know whether products contain RFID tags
• The right to have RFID tags removed or de-activated w hen they purchase products
• The right to use RFID-enabled services without RFID tags
• The right to access an RFID tag's stored data
• The right to know when, where and why tags are being read
He suggested some possible technological solutions including the use of aluminum foil, tag killing by disabling after purchase, use of blocker tags preventing readers from distinguishing data from garbage. He also itemized possible legal ways to limit the use of the tags and protect privacy. In concluding his remarks he cautioned that vigilance was the key. Stay aware of developments and make your voice heard!
COMPUTER LAW AND INTERNATIONAL LAW-JOINT MEETING
International counterfeiting and the legal issues arising in the regulation and prevention of this criminal activity were discussed by David Wotherspoon of Fasken Martineau. Mr. Wotherspoon defined counterfeiting as a fraudulent imitation and itemized some popular
Shelley Bentley
wills and estates law at Kerr Redekop Leinburd & Boswell
counterfeit items: Louis Vuitton handbags, designer sunglasses and clothes, DVDs and CDs of popular movies and music. Global counterfeiting represents about 5% to 7% of world trade or $450 billion per year and has increased 1,700% since 1993. Counterfeiting involves high profit and low risk. The return is high because there is no need to invest in innovation or marketing. The penalties are considerably lighter than similar activities like drug trafficking. However, it should be of concern to everyone because it is a huge source of funding for organized crime and terrorism. As well , in the case of fake pharmaceuticals and auto parts there are public safety issues.
Mr. Wotherspoon pinpointed Canada as a preferred destination for counterfeiters because of the perception that the Canadian government does not implement an effective IP enforcement system and that border enforcement is virtually non-existent. He added that the RCMP will not pursue charges against retailers absent an ability to demonstrate health and safety issues or linkage to organized crime
The internet now accounts for 13% of counterfeit sales. Sellers are difficult to monitor and catch. There is no overhead and the market is global.
To highlight the legal issues involved Mr. Wotherspoon asked the following questions :
Which law applies to an advertisement for counterfeit goods that are :
• Manufactured in China?
• Advertised from India?
• Read by someone in Canada?
• Via an internet server located in the U.S.?
• Where the goods are eventually delivered to someone in the U.K.?
How do you regulate this behaviour?
Generally a country can only enforce its laws against the following : persons with a presence or assets in that country; persons over whom a nation can obtain a personal jurisdiction and enforce a default judgment abroad; persons whom the nation can successfully extradite. Despite these difficulties Mr. Wotherspoon mentioned prosecution as a necessary strategy.
FAMILY LAW (WESTMINSTER)
In his presentation on "Current Issues in Family La w -Ethics and Technology" David Bilinsky of the Law Society of B.C. emphasized the ethical issues facing lawyers who represent clients carrying out
electronic snooping. Can one spouse use the electronic communications of the other spouse? Mr. Bilinsky outlined a number of means of spying on a person's computer communications: spyware (monitoring software that reports back to a third party), keystroke logging software (often used by parents to monitor a child's use of the internet) and hardware logging devices including those that make the spyware undetectable.
He noted the Criminal Code provisions covering electronic surveillance and referred to s.l84(1): "every one who, by means of any electromagnetic, acoustic, mechanical or other device, willfully intercepts a private communication is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years." There is an exception if the interceptor has the consent to intercept, express or implied, of the originator of the private communication or of the person intended by the originator to receive it . A "private communication" is defined as any oral communication or telecommunication made under circumstances in which it is reasonable for the originator to expect that it will not be intercepted. Mr. Bilinsky commented that the use of key logging software/hardware to catch infidelity is contrary to the Criminal Code .
He also referred to three provisions of the Professional Conduct Handbook to guide lawyers on their duties in this area:
• Chapter 4, Rule 6 - regarding not engaging in activity lawyer knows assists or encourages dishonesty, crime, fraud
• Chapter 5, Rule 15- regarding a lawyer coming into possession of a document which the lawyer has reasonable grounds to believe belongs to or is intended for the opposing party and the duty to promptly cease reading it and return it to the opposing party
• Chapter 8, Rule 1 - regarding not assisting a client to do anything dishonest or dishonourable
Mr. Bilinsky concluded by emphasizing that lawyers will be placed under increasing pressure by clients to make use of illegally gathered evidence and that the onus is on counsel to inform themselves of how to obtain electronic evidence properly and to ensure that all evidence is gathered in an ethical way. BT
DAVID J. BILINSKY
Top Employers .. Got lt ..
The bottom line for crafting positive employee engagement
j)
Don't you know that you're toxic ...
Words and music by j) C. Dennis/C. Kar l sson/P. Winnberg/H. Jonback, recorded by Britney Spears.
What does "1-800GOT-JUNK?" have that B.C.'s law firms don't? For one, being named B.C.'s Top Employer - for the last 2 years in a row {per Human Resources ["HR"] Firm Watson Wyatt, as reported in the December 2005 issue of BC
David J. Bilinsky is the Practice Management Advisor at the Law Society of B.C. E-mail: daveb@lsbc.org
Business) . In fact, you have to scroll down to #21 to h it Bull Heusser & Tupper - the only B.C legal employer to crack the top 25.
Nationally, law firms don't do any better. Hewitt Associates named the list of the 50 Best Employers in Canada in 2005 {per the ROB in the Globe and Mail) -and only one law firm is found on the national list : Bennett Jones LLP in Calgary at #19. [The Best Employer m Canada was BC Biomedical Laboratories Ltd . of Surrey B.C.]
Based on the Watson Wyatt employee survey, 1-800-GOT-JUNK? stood out above the competitors in four key areas, being levels of alignment, capability, resources and motivation in an organization "I've always said a great company is all about people ," said Brian Scudamore, the President of 1-800-Got-Junk? "This has been my belief since founding the company in 1989, and winning this award for the second consecutive year is proof that success comes down to the people ."
Why aren't more law firms found on the list of best employers? Since the survey results come directly from the employees, this would suggest that the legal environment is more 'toxic' than that
found in other organizations and these results indicate that law firm management are not as 'tuned in' to the problem as they would otherwise believe. This has serious implications for the achievement of management goals. The Globe and Mail reports that top employers are better able to attract and retain key employees, workforce views are more closely a l igned with those of leaders, and employees are more motivated to deliver on corporate goals, resulting in better
financia l returns.
Such benchmarking surveys across different industries provides useful insights for legal employers, as most law firms typically only compare themselves against other local law firms. Since the competition for talent today is world-wide, staff {including lawyers) realize that there are opportunities not only across the Province, but nationally and internationally as well. Several firms that I have spoken to have had employees move to international law firms {in New York, London and Hong Kong). Employees have less loyalty to their employers partly driven by the last few years where employers were willing to downsize and lay off employees. Today employers know that they must compete for talent. Accordingly the top employers know that they must focus on employee issues more than ever before- particularly as the boomers near retirement and they must now recruit and reta in the "X", "Y" and "Net" generations. I n many cases, just coming to grips with the differing viewpoints, needs and attitudes of these upcoming generations presents problems for law firms where management is largely composed of boomers. People skills are required to bring everyone to a common focus and direction The Best
Employers "have a more motivated, engaged and responsive workforce, where employees both see and feel a connection between their own daily contributions and the success of the organization."
Why should law firms care? After all, they are sti ll able to attract employees and carry on business.
Hewitt Associates has developed a concept called "employee engagement" that is not about crea t ing 'happy' or 'loyal' employees, but about measuring the emotional and intellectual commitment employees demonstrate for the organization for which they work. According to Chris Howe, "Bes t Employers know that a highly engaged workforce provides a strategic advantage that will benefit them in working through any current and future human resources challenge including attraction and retention." In other words, Emp loyee Engagement= Competitive Advantage.
Here is the math (based on averages):
• The 50 Best Employers receive 45% more unsolicited employment applications than the other participating organizations;
• Full - time voluntary turnover rate for Best Employers is 8% vs. 11 %;
• Part - time voluntary turnover rate: 12% at the Best Employers vs. 23%;
• 74% of senior leadership at Best Employers believe that their organization is investing enough to develop the next generation of leaders, vs. 65% at other participants;
• 64% of Best Employers' senior leaders believe that their organizations have an excellent succession planning process for developing leaders vs 46% at other organizations;
• The 50 Best Employers who are publicly traded have an average compound annual growth rate of revenue (averaged over their last five fiscal years) of 16.4% per annum, vs. 6.1 %;
• When looking at average cash flow return (averaged over their last five fiscal years), Best Employers come in at 13 7% per annum vs. o t her publicly traded participants at 10 2%.
So how do you go about creating high employee engagement? Here are some of the suggestions:
• Leadership: Management communicates a clear course for the future and brings employees a long for the ride: employees see the future,
believe in it and understand what it means for them and their work Leaders are also focused on developing their future replacements.
• Growth: Best Employers expect to grow and have created the organizational capacity to grow and transform themselves (they do not see themselves as being the same organization tomorrow as they are today) They have empowered the HR department to provide direction in preparing for and leading this change
• Talent Management: Best Employers don't just view the problem in terms of finding good employees- they see the situation as having the right people in the right roles led by the right leaders. HR uses "right people management practices" to solidify employees' sense of fit, belonging and empowering top performance.
• Detail Focus: Best Employers develop an effective and consistent work environment that feels the same to all employees, regardless of status. In other words, the rules are clear, they are understood and they apply to everyonethere are no exceptions based on position or entitlement. Management also concentrates on ensuring that the details are attended to on a regular basis, thereby stopping small problems before they develop into major irritating burrs. These surveys demonstrate that focusing on providing a positive and engaging work environment helps create happier and more productive employees, which increases client satisfaction and loyalty, which in turn drives improved financial results. As has been shown in so many other areas of management, "hard" financial results are highly dependent on having "soft" people management skills. Or conversely, failing to develop proper leadership and HR policies can mire your business in a toxic work environment which in turn poisons your bottom line. BT
The views expressed herein are strictly those of the author and may not be shared by the author·s employer, the Law Society of B.C.
TONY WILSON
a Client Day"- March 1st
Lets fire all our problem clients on the same day and prevent those heart attacks of the future!
There is something very unnerving about firing a client Clients don't drop from the skies like leaves in November. You have to spend years developing a client base . You have to cultivate relationships, build alliances, buy lunches, give presentations and, if you're lucky, harvest the fruits of your non-billable work when the client actually walks into the office to hire you
But as time goes by, you find that you haven't done any weeding, because after 20 years, you're still working for a dark or two. All your other clients are fine, but you can't stand the problem client with
Tony Wilson is a Franchise Lawyer and Intellectual Property Lawyer at Boughton . He's written for the Globe and
Mail, the Vancouver Sun, and Macleans magazine. E-mail: twilson@boug hton.ca
the Type "A" personality that wants the work done yesterday, doesn't appreciate the fact that you slaved through your weekend and missed your kid's hockey game to finish it, doesn't take your advice (especially when it's the right advice), doesn't like the fact that you had the audacity to take holidays, didn't want to hear that you had other clients with deadlines, is outraged that your secretary went home at 5, and challenges your bill! The prob lem is, because you're insanely expected to take on more work in this wacky profession, you sheepis h ly put up with it.
It's easy to ignore the warning signals, isn't it? The dark cloud that follows the client in for a meeting and the cold mist that fo ll ows him out. The eerie organ music that somehow plays from another office when she phones. The sound of barking dogs when the file is opened. The computer doesn't "ping" when he sends an e-mai l, it just breathes mechanically and says the word "Luke "
These are the clients who have uncanny knack of turning an enjoyable day at the office into a miserable one. They can raise your blood pressure and your
cholesterol with only one phone call and can wreck a good night's sleep with just one e-mail. I have had a few of these clients over the past 20 years, and if I drop dead of a heart attack before my time, it'll be because I've had a call from a follower of the Dark Side who I should have sent to a Galaxy Far Away long ago.
So here's my solution . Prevent that triple bypass of the future and set them free. Fire anyone who regularly causes lost sleep, too much stress, ruined weekends or an erratic heartbeat . Fire the ones that don't take your advice and blame you when things go south.
The anxiety isn't worth it. The self-doubt isn't worth it. And the heart attack isn't worth it. Share them around. Give them away.
Make March 1st of every year "Fire a Client Day". It could be on the CBA Calendar, like "Law Day" and every year at the same time, lawyers would hold firm meetings where the only item on the agenda would be whether Mr. Pain-in-the-Rear was really worth the heart palpitations or the increased life insurance premiums. If not, it's hasta la vista, baby!
Just imagine the reaction of these (former) difficult clients; shipwrecks without ports, roaming the seas anchorless, lawyerless and totally befuddled that someone actually fired them for a change; all of them desperately begging to become someone else's (former) problem client and promising to never yell at the secretaries again!
With the usual Professional Conduct Exceptions (Chapter 10 of the Handbook if you really must know), we can choose to work for who we want to work for, and even the Law Society says you have the right to say "So Long and Thanks for All the Fish" to a client you're simply tired of fishing with. BT
New Services Online
Members can advertise for free for the first three months! Do you have a law practice to sell? Are you looking for office space? Our newest service for CBABC members offers you direct access to the legal comm u nity Ads are posted in "Online Classified Ads" under "Public & Media."
CBABC
HOME AND HOSPITALITY EXCHANGE REGISTRY
This Registry caters exclusively to CBA members traveling within Canada, the USA and international destinations. Through the
Patric ia Jordan is the CBABC Manager, Interactive Media. She welcomes your comments, questions and suggestions. Tel: 604-646-7861
DID YOU KNOW?
• The CBABC website (www.cba.org/bc), has had more than 600,000 visitors since it was re-launched on January 24, 2005; and
• Employment ads were downloaded more than 49,000 times.
WORK LIFE BALANCE
The Work Life Balance Committee gathers information related to work life balance and wellbeing relevant to lawyers and law firms, and makes this information available to members of E-mail: pjordan@bccba org
Registry, members may arrange short and long-term home exchanges. For the out-of-town wedding, graduation or conference, the Registry offers a no cost alternative to pricey hotels. Our easy-to-use Registry makes family vacations, senior/retired vacations, and work-related home and hospitality exchanges both attractive and affordable. Home exchangers live like locals, not tourists, shopping in neighborhood markets and cafes.
CBA members are welcome to list their house or condo at no cost Send a description of your property with photos to webmaster@bccba.org. Learn more online in "Member Savings" under "Membership "
REQUESTS FOR COMMENT
Periodically, governments and other organizations seek comment from CBABC members on proposed legislative initiatives. CBABC publishes "Requests for Comment" online in "Legislation & Law Reform" under "CBA Publications " Links are also provided on the home page under "Requests for Comment. "
the CBABC online in "Work Life Balance" under "Practice Resources." This information from both the public and private sector includes best business practices, parenting resources, and child care and elder care resources in the province.
SITE DU JOUR
CBA PracticeLink www cba.org/cba!PracticeLink!BWL
The "Life Balance" section provides insight and tips to help lawyers balance the demands of both work and daily life. Recent articles include:
The Nuts & Bolts of Taking a Vacation Lawyers and Anxiety: Three Case Studies Work/Life Balance? Let's Get Flexible First Cases and Chaos: Work-Life Balance Strategies for Busy Lawyers Coping With Stress and Avoiding Burnout: Techniques For Lawyers Successfully Juggling Work and Family: Tips for Lawyers BT
PATRICIA JORDAN ON
LEGISLATIVE UPDATE
ACTS IN FORCE
Every effort is made to ensure the accuracy of the information provided to you in this article but the information should not be relied upon. Lawyers should refer to the specific legislat ive or regulatory provision You will see a reference in some cases to the number of the Bill when it was introduced in the House. This number may be different from t he chapter number of the new Act which is quoted after the title of the Act and which is the proper citation for the Act. The Bill number has been given to make it easier for you to note up the Bills you may have in your library.
CURREN T FROM NOVEMBER 7, 2005 to DEC EMBER 20, 2005
Legislative Update is prov ided 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 Th e full ve r s io n of Legis l ative Update is now published on l ine, available to CBA members exclusively at www cba.org/bc.
ACTS IN FORCE
BUSINESS PRACTICES AND CONSUMER PROTECTION
ACT, S.B.C. 2004, C. 2 (BILL 2)
Part 5, except sections 61(2)(a) and 91(1)(h), and sections 196, 207, 216, 218 and 221-228 are in force July 1, 2006
COMMUNITY LIVING AUTHORITY ACT, S.B.C. 2004, C. 60 (BILL 45)
Sections 33 to 52, 54 to 60, 62 to 86, 88 to 94 and 103 are in force January 16, 2006
INCOME TAX AMENDMENT ACT, 2005, S.B.C. 2005, C. 5 (BILL 7)
Sections 8, 16 and 30 are in force January 1, 2006
LAND AMENDMENT ACT, 2003,S.B.C.2003, C. 74 (BILL 46)
Section 1, enacting the Part 7.1 title and sections 93.01, 93.02 and 93.4 to 93.81 of the Land Act, and sections 3 and 5 to 7 are in force February 1, 2006
Sections 1 and 2 are in force retroactive to Aprilll, 2005
Canadian Bar Association (BC) Benevolent Society
The CBABC encourages all lawyers to donate to the Canadian Bar Associat ion (BC) Benevolent Society and support members of our profession and the i r famil ies. Please visit the CBA website to download a copy of the Donor Form www.cbabc.org/bc/ or use the insert enclosed with this edition.
Turn to page 21 to read an informative article by the chair of the society, Debra M. Van Ginkel, QC
Beating the .. Blahs ..
The holiday parties are over, the decorations packed away, and the credit card bills are rolling in welcome to 2006! Added to these realities are shorter days and colder, wetter weather - all of which can discourage us from getting out and being active.
During this time of year, it's all too easy to fall into a post-holiday, mid - winter funk. Good self-management is vital to ensure a healthy start to the New Year
Director of Services Interlock
What are the evidence-based strategies that help busy professionals survive and even thrive? Here are two to consider:
Setting Goals: You may resist the idea of resolutions that have you giving up chocolate forever or running marathons. (You consider chocolate a life necessity and you would rather have a root canal than become a serious runner). Fair enough. Consider though the resea r ch that shows that people with goals are happier and more productive in their daily lives. There is also evidence that we are significantly more likely to achieve our goals if we write them down. The best goals are SMART Specific, Measurable, Achievable, Realistic, and Time -specific
Self-Awareness & Reflection: The goals you set should flow from self-knowledge as well as deeply felt values, priorities and passions Reflect on the past year and ask yourself some key questions: What was the most fun I had this past year? What did I miss out on? What regrets do I have? What will I do differently next year?
MOVING INTO ACTION ...
Pragmatic strategies for beating the "blahs" and managing stress include the following:
Give yourself a break: If you know you have an intensely busy work period ahead of you, make sure you
actively plan for an enjoyable break at the end to keep you motivated. Depending on the state of your finances, this could include anything from a luxurious Caribbean getaway to something as low-key as a lazy weekend of unscheduled time
Go towards the light: With days this time of year always short and often grey, look for opportunities to enjoy the limited sunshine whenever it appears. Make time for a short walk when the sun is out
even if it means working a bit later. If you are one of many seriously affected by SAD (Seasonal Affective Disorder) look into regularly using the special lights that are effective in helping SAD sufferers. Time spent in pleasurable and colourful environments will often help lift our mood: galleries, art museums, public markets, leisure centers and even shopping malls provide light, warmth, activity and stimulation for the senses. Much needed when we may be feeling emotionally flat or drained. Don't hug a cactus. Choose your friends carefully. Spend time with people you enjoy. Simple and selfevident advice, right? And yet, many of us maintain relationships with people who drain us of energy simply out of a misguided sense of obligation, habit, or inertia. True, we may be forced by circumstances, family or work obligations to spend time with people with whom we have little chemistry or common interests. When this is true, it is vital to build in protected leisure time with people and pursuits that re-energize you . BT
If you are struggling w ith personal or professional issues, call 1-800 - 663-9099 or 604-431-8200 (Lower Mainland). Inte r lock provides profess ional, confidentia l counselling to B C. lawyers and the i r immediate family members. The Program is available at no charge to members of the Law Society of B.C
Nancy Payeur, MSW, RSW
Depression and the Practice of Law
If intelligence, prestige, power, recognition and high income resulted in happiness lawyers would be among the most
happy and joyful people on earth. Sadly, this is not the case. The life experience of many lawyers together with research data show that a disturbingly high percentage of lawyers are extremely unhappy personally and dissatisfied with the practice of law. What causes this high level of depression in practice is debatable but the "usual suspects" are long hours, the adversarial nature of law, the focus on billable
B.A., LL.B. , M.A., Ph.D. !cand.)
thinking and judging) which in the practice of law creates more stress for them.
Certainly, at the British Columbia Lawyers Assistance Program we see many lawyers where external stress has overwhelmed their ability to cope. We have developed a "Burns Group" where lawyers learn to modify their internal thought processes and their way of looking at problems. This method is known as
Program Coordinator Lawyers Assistance Program of Br itish Columbia Cognitive Behavioral Restructuring and it has helped many lawyers
hours, increased competition for clients, the dehumanization of the practice, focusing on the business aspects of law rather than people combined with a culture of materialism, perfectionism, and workaholism.
The evidence is considerable that the problems with depression begin in law school and are magnified by it. Lawyers enter law school with about a 9% rate of depression, the same as the general population, but graduate with a 40% level which after 2 years levels out to a fairly constant 19%.
Susan Daicoff, a leading researcher in lawyer personality and mental health suggests that one problem is that the internal thought processes of some lawyers makes them particularly susceptible to these external stressors; since only certain lawyers react by becoming depressed Some of these processes are perfectionism, ali-or-nothing thinking, the need for approval, the need for certainty and control of their environment, none of which fit well with the reality of practicing law. Many lawyers are competitive and have a high need for achievement which leads to a culture of workaholism and perfectionism In addition some lawyers have a feeling and perceiving approach to decision making (rather than
become more self-compassionate and develop a more realistic set of beliefs and values. Depression can be treated in many ways including antidepressant drugs and we can make referrals to appropriate professionals . There are many things that we have helped individual lawyers do to relieve their exposure to these stress factors. For some lawyers the level of depression and lack of job satisfaction are so significant that a change in the way they practice, the amount of time they practice, who they practice with or the area that they practice in are all advisable and would definitely be life enhancing. For a small minority it will mean moving out of law completely to a less stressful, more enjoyable occupation for them. I ha.ve helped many lawyers make small and large changes and the results have been excellent. Some have even returned to school to pursue a lo n g lost dream. Those that I know who have left the profession almost universally report that they are happier and much more content in their new fields. At the Lawyers Assistance Program we are passionately committed to helping lawyers improve their well being and psychological health. If you need help call us at 604-685-2171 or toll-free at 1- 888-685-2171. BT
Robert Bircher,
Beyond the Bar: Crucial Considerations on the Road to Retirement
If you're in the legal profession you know first - hand how fastpaced and hectic your professional life can be. Focusing on work at this speed and intensity can lead you to loose touch with your authentic self and what matters most in your personal life.
This year, the first wave of Baby Boomers, those born in 1946, will be turning 60 and many of them will decide to go into some form of retirement If you're a Boomer, you ' ve been part of an era that has seen the most effective
Professional Speaker and Certified Retirement Consultant
Inspired Momentum www.inspiredmomentum com
design those golden years ahead. Introspection accompanied by professional guidance and support often yields the best answers for you. What is certain is that at the heart of experiencing fulfilling retirement lies a renewed sense of purpose. This is the fuel that stokes the fire of aliveness within. Without that you could be at risk of falling into depression, loosing your vitality, your health and even dying prematurely.
After 20 years of research on retirement Dr. Richard Johnson of visionary leaders changing the world in significant ways. Martin Luther King Jr., Robert Kennedy, and Pierre Elliot Trudeau were models of moral leadership as they contributed to the advancement of human rights. Collectively, the Boomers' generation can re-capture the sense of purposeful engagement it experienced while being inspired by these leaders of the recent past.
As individuals, it's common to experience a sense of anxiety when this transition emerges over the horizon. Being concerned is appropriate because this life juncture presents unique challenges that require thoughtful choices. If you plan to by-pass retirement and continue to work with fewer hours, you need to be alert to the possibility that as the years go by, your ability to keep up with the load may decline Then, it's wise to anticipate a graceful exit and prepare for retirement.
You may be excited as you think of filling your days with leisure activities such as golfing But let's face it; you likely sense deep down that golf alone will not satisfy you any more than eating desserts all day would keep you well nourished. So what will it take for you to create a life filled with a sense of significa nce after retirement?
There is a multitude of options to consider as you
Retirement Options has identified several success factors that are important to consider. He strongly advises retiring professionals to reacquaint themselves with their passions and dreams in the process of cultivating greater self- awareness. My professional experience has proved that finding your home ground and using your internal compass helps you stay focused on your True North. That is the point of convergence of your values, the positive attitudes you hold, the purpose you act on, all of which contributes to your well - being and happiness. As a Boomer, retrieving your authentic self allows you to re -connect with the timeless messages and values that have stirred your heart in the midst of an exciting part of history. Now, it's up to you to keep growing and contributing your knowledge and talents, leading and perhaps inspiring others. As John Lennon suggested, "imagine" a better world, a brotherhood of man. BT
About the author: Certified [from Retirement Options), Retirement Consultant and Baby-boomer Isabelle StJean provides qualified assistance to retiring professionals through seminars and consultations. Visit her website at : www.inspiredmomentum com
Isabelle St-Jean
Your Guide to CBA Financial Services
I've had the great privilege of representing British Columbia lawyers on the CBAF Board of Directors this past year and
a half. I have been deeply impressed by the collective knowledge and experience of both staff and my Board colleagues from across Canada. Staff and the Board work together to achieve two key objectives:
1. Offer CBA members and their families financial services and products with the
Director, CBA Financial
This article courtesy of the CBA Financial Services Corporation:
THIS RRSP SEASON
remember that the CBA offers you and your family a group RRSP option through the CBAF. The CBAF was jointly incorporated by the Canad ian Bar Insurance Association (CBIA) and the CBA
RRSP PROGRAMS Services Corporation
You can learn about or enroll in the group RRSP program by conlowest possible fees.
2. In the RRSP program, offer balanced fund options for the investment needs of the members of the Canadian legal community.
The first objective is the raison d'etre of the CBAF. If we succeed in delivering a RRSP option with significantly lower fees, your RRSP portfolio will be positioned to grow more quickly than it wou ld otherwise. The impact of lowering fees can be significan t over the long term. It's that simple.
As the program grows, we expect to reap the purchasing power and negotiating benefits a growing group can achieve, but a single investor cannot.
Participation in the program has grown steadily these past two years At present, the RRSP program has upwards of $11 million of assets under administration B.C. lawyers are participating proportionally to their representation among Canadian lawyers generally. We monitor the funds and their performances closely with the assistance of James P. Marshall- a Hewitt Company.
I look forward to continuing to represent you on the CBAF Board. If you have views or concerns you would like to share with me, please call me at 604 - 899 - 6869 or send me an e-mail at sjakab@bcsc bc ca.
tacting your CBAF representative, Mass & Company- Vancouver area 604-688-8790, or toll free from elsewhere in B.C. or the Yukon at 1-888-477-5630 . The CBAF website is full of useful, plainlanguage information about the RRSP programwww.barfinancial.com. It offers an easy - to-use self assessment and on - line enrolment.
BANKING SERVICES
The CBAF also offers banking serv1ces through Manulife Financial. As with the RRSP program, we aim to provide banking services at the lowest possible fees. RRSP loans, mortgages, and other banking services are available through this program. Manulife Bank representatives can be reached at 1-877-765-2265 (mention that you are a CBA member) or man ulife_bank @manulife.com.
FINANCIAL PLANNING SERVICES
CBAF offers access to professional, unbiased financial planning services through T.E. Financial Consultants Limited. Contact numbers for all regional offices in Montreal, Quebec City, Toronto, Oakville, Calgary, and Vancouver are available at http://www.tefinancial.com/regional.html. BT
Sandra Jakab
Protect Your Most Valuable Asset- Your Income
What does financial security mean to you? If you ask a hundred peop le that question, you will get a hundred different answers. That is because financial security is not a one-size fits all proposition. What it means to you depends on so many factors. How old are you? Are you married? Any children? Any savings? Big mortgage? How's
even if you are unable to work. Perhaps you have a mortgage or a car loan If you have your own practice, you must meet the costs of maintaining that practice even if you are unable to work. Your office lease , staff salaries and other costs will continue while you are off work and unable to generate your normal income.
So whether you are looking to protect your income, your family's future or your business, as a fellow lawyer, I urge you to protect your financial future by calling your your health?
One thing you are likely to discover when you start to consider the question of financial security is and Treasurer, The Canad ian Bar Insurance Association that the key to your financial future is your ability to continue to earn your living as a lawyer. Any interruption in your income will quickly impact your family, lifestyle, savings and business Whether you are a sole practitioner or a senior partner in a large firm, your income is the key to your present and future prosperity.
No one likes to think about having careers or financial plans abruptly
Canadian Bar Insurance Association (CBIA) authorized representative: Mass and Company at 604-688-8790 in the Vancouver area, or toll-free at 1-888-477-5630 from elsewhere in British Columbia.
The CBIA works closely with the CBA to help members protect their financial futures. Our Board of Directors, comprised of 24 lawyers from across derailed. But it can happen. The Canadian Heart and Stroke Foundation reports, for example, that 300,000 Canadians live with the effects of a stroke
and that 80 per cent of Canadians between the ages of 20 and 59 have at least one identified risk factor associated with cardiovascular disease.
And while continual medical advances mean that Canadians will enjoy improved survival rates for heart attacks and other illnesses and injuries, it also means that we face greater costs associated with recovery.
No matter what stage of your life or career you are at, you have fixed expenses that will still be there
"No one likes to think about having
careers or financial plans abruptly derailed. But it can happen."
Canada, oversees CBIA operations to ensure that every product we offer is in the best interest of members. As a result, the CBIA has grown to more than 25,000 policyholders and is one of Canada 's strongest and most trusted insurance associations . Call 1-800-267-2242 or visit www.barinsurance.com for more information. BT
JAMIE MACLAREN
Pro Bono Made Easier (and Less Costly)
In the summer of 2005, Pro Bono Law of B.C (PBLBC)
conducted a survey of the profession to determine how the
provision of pro bono legal services could be made easier The survey respondents offered three major suggestions: 1) establish a system whereby requests for pro bono assistance are screened for legal merit; 2) provide comprehensive insurance coverage so that all lawyers -whether full - time, part- time, inhouse, retired or non -practisingmay provide pro bono services; and
Jamie Maclaren
Executive Director Pro Bono Law of B C.
3) provide disbursement coverage so that law firms and lawyers need not donate money in addition to time. PBLBC then went about the business of making those suggestions real. Having identified a glaring need for organized pro bono representation, PBLBC developed a set of roster programs providing accessible and area-specific pro bono legal services to individuals and non - profit organizations of limited means The particular roster programs - the Family Law Program, the Federal Court of Appeal Program, the Judicial Review Program and the Solicitors ' Program - fuqction by supplementing the good work of lawyers, advocates, the Legal Services Society and legal advice programs operated by the Salvation Army of British Columbia, the Western Canada Society to Access Justice and others.
PRE-SCREENED PRO BONO OPPORTUNITIES
For each of the roster programs, PBLBC maintains a roster of lawyers who are prepared to consider pro bono opportunities within their geographical region and their areas of practice expertise. PBLBC receives screened client referrals from lawyers, advocates and front-line pro bono organizations, and then presents those referred opportunities to ea ch roster lawyer
according to his or her location , stated interest and capacity Each pro bono request is screened for legal merit. Roster lawyers choose how and when they are able to provide pro bono assistance - from basic help on single , discrete issues to full-service representation.
INSURANCE COVERAGE
Through the Lawyers Insurance Fund, PBLBC also provides full insurance coverage with waived deductibles and surcharges to
members in good standing with the Law Society of British Columbia. Thus, in-house counsel, government counsel, retired and nonpracticing lawyers receive insurance coverage for pro bono services rendered though the roster programs.
DISBURSEMENT COVERAGE
In December 2005 , the Law Foundation of British Columbia announced a two-year grant to PBLBC to cover disbursements incurred in pro bono cases relating to poverty law issues. PBLBC manages the disbursement fund according to similar guidelines as those previously established by the Legal Services Society in managing pro bono tariffs. Consult the PBLBC website at www.probononet.bc ca/disbursements for further details.
With these new developments , providing pro bono assistance and representation is easier, less costly and less risky than before . PBLBC is now looking to expand its roster programs to cover further areas of law. If you would like to volunteer for one or more of the roster programs, or if you seek insurance and disbursement coverage for a pro bono case that likely fits within the roster programs, please contact PBLBC at 604-893-8932 or register at www.probononet.bc ca. BT
CBA (BC) Benevolent Society
"Without the Benevolent Society, I would be lost. Instead, aid from the Benevolent Society has allowed me to live with dignity and security of my person. In addition, the knowledge that I am cared for makes me feel less alone and afraid"
The CBA (BC) Benevolent Society provides financial assistance to lawyers and their families who have suffered a tragedy in their lives. In almost all of the cases where the
Debra M. Van Ginkel, QC, Chair CBA (BC) Benevolent Society
Society is approached to provide financial assistance , the recipient 's circumstances are among the most difficult that one will ever encounter. These circumstances are always tragic and may involve the death of a lawyer who had no life insurance and whose family was dependent upon him or her, a disabling illness, such as a brain aneurysm, drug or alcohol addiction, depression or other dire medical circumstances. The Society is a last resort for such lawyers or their families, and therefore the assistance that is provided is inva luable .
The Society currently has a capital fund of $957,763, of which $882,905 was initially received in 1997 and 1998 from the members of the B C. Bar, who each contributed $100.00 per member over the two-year period. The Constitution of the Society provides that only the income or capital gains earned from the capital fund can be used to provide grants and loans to recipients.
Over the years, the Society has made numerous grants to various recipients in need of assistance. Grants totaling approximately $46,000 were made in 2002, $50,000 in 2003, $57,000 in 2004, and $90,000 in 2005. However, the interest from the capital fund is not sufficient to fund the total number of grants that are sought each year. In 2005, the income that was
earned from the capital fund was only approximately $33,000.
Through its fund raising efforts, the Society seeks to raise additional money in order to meet these grant requests. The most notable fund-raising effort is the incomparable Battle of the Bar Bands, which has been held in Vancouver in each of the last 4 years, and in 2005, raising a new record of approximately $44,000 . Victoria will be hosting its first
Annual Battle of the Bar Bands on March 2, 2006 at the Central Bar and Grill in Victoria. Please mark your calendars for this great event!
It is important to note that the Society incurs only minimal administrative costs, including the fees for the annual audit. All 12 members of the Board of Trustees devote their considerable time and energy on a strictly voluntary basis. There are no p aid staff running the Society.
We are attempting to create greater awareness of the Benevolent Society and its goals. We need to do so in order to meet the ever-increasing need for our assistance. We do not anticipate that we will have sufficient funding to provide for the increased need that will no doubt accompany a greater awareness, and we therefore anticipate that we will be required to seek further funds from the lawyers of B C. in the future.
We ask that you consider making a donation or leaving a bequest in your Will to the Society, thereby making an invaluable contribution to members of the Bar who have met with extraordinarily difficult personal circumstances.
Thank you for your continued support of the Benevolent Society. Please contact us at 604-642-5658 if you, any of your colleagues or their families require the assistance of the Benevolent Society. BT
Law for the Future Fund Awards
At its fall meeting, the CBA's Law for the Future Fund Board of Trustees approved three grants:
ARCH: A Legal Resource Centre for Persons with Disabilities
Criminal Justice for Persons with Disabilities Who Have Been Abused
Funding: $30,000
The Canadian Environmental Law Association and the Resource Centre for the Environment and the Law European and Canadian Environmental Law: Best Practices and Opportunities
Funding: $25,000
Bora Laskin Law Library, Faculty of Law, University of Toronto Women's Human Rights Resources Online- Women 's Rights Law Database
Funding : $5, 115
West Coast Leaf 19th Annual Equality Breakfast 2006
Vancouver, B.C.- West Coast Legal Education and Action Fund (LEAF) presents its 19th Annual Equality Breakfast, proudly presented by Vancity, at the Hyatt Regency Hotel on Friday, March lOth, 2006.
In celebration of International Women 's Day, the Equality Breakfast is a highly anticipated fundraising event attended by professionals from the legal, business, academic and social service sectors. Proceeds from the event will support public legal education programs in schools around B.C. , particularly the "No Means No" violence prevention program. The event will feature guest speaker Senator Mobina Jaffer, as well as a silent auction and first-class breakfast courtesy of the renowned Hyatt chefs. Senator Mobina Jaffer, the first Indo-Canadian, first Muslim woman, and first African appointed to the Senate in 2001, was appointed as the Special Envoy to the Peace Process in Sudan, and became Chair of the Canadian Committee on Women Peace & Security in 2002. Mobina Jaffer has had a distinguished legal career in Vancouver and has worked extensively in the search for international peace and stability.
A limited number of seats are available, and reservations are required The veime is wheelchair accessible. For tickets and other information, please call 604-684-8772 or e-mail breakfast@ westcoastleaf.org. West Coast LEAF is a federally registered charity www. westcoastleaf.org
For tickets and more information, please contact: Joyce Lee, Breakfast Coordinator at 604-684-8772 ext. 116 or breakfast@westcoastleaf.org
MeetingMax online bookings help you save time & money
MeetingMax provides CBABC members the opportunity for even greater hotel savings and complimentary room upgrades in B C.! CBABC members have access to the service through our branch website. The CBABC is proud of this service for its members and hopes to provide great value for years to come. If you would like us to look into a new hotel for you, please e-mail your suggestions to members@bccba .org. For details, visit www.cba.org/bc (see "Member Savings" under "Membership").
Alpine Resorts
CBABC is happy to see B.C having a great season for skiing this year! We still have 115 day Edge cards, and lift passes for Whistler/Blackcomb, Big White, Silver Star, and Mt. Washington. Order forms are available online at www.cba.org/bc.
New Westminster Bar Association Festivities
New Westminster Bar Association Christmas Party and 29th Annual Judges Dinner
On December 9, 2005, 68 members and guests attended the New Westminster Bar Associations's gala Christmas Party at Hart House in Burnaby where they enjoyed a fabulous meal, door prizes and dancing until after midnight. On January 17, 2006, Chief Justice Finch, Chief Justice Brenner, and Chief Judge Stansfield and 115 members of the bench and bar attended the Inn at the Quay to welcome 13 new appointments to the Supreme and Provincial Courts. It was a great evening full of collegiality and humour and, with a record 31 people at the mike, attendees were relieved that the evening wrapped up by 9:45 p.m
Member Services wants your help!!
Member Service Committee wants to ensure you receive maximum benefit from your CBA membership. We particularly want to increase the number of benefits to those of you Living outside the Lower Mainland. Please e-mail suggestions to members@bccba.org
This Month's Featured CBABC Hotel
The Metropolitan Hotel Vancouver- stay at this fabulous hotel for just $169 00/night until April 30, 2006.
CBABC Members Services E-mail News List
Want to find out which new benefits and promotions are available to you?
Join the CBABC Member Services e-mail NEWS List and you'Ll receive a mo nthly e-mail message with what's new in Member Services, travel and accommodation discounts, special promotions, exclusive events and more. Upon joining, your e-mail address will be added to the confidential Member Services distribution List. For details, visit www.cba.org/bc, or e-mail members@bccba org
New Westminster Bar Executive Samantha Hulme (President). Beth Tutiah (Secretary- Treasurer). Ken Armstrong [Past President), and Robert Gunnell [Vice-President) at the NWBA's annual Christmas Party.
Bar Moves " 71
Have you recently changed firms or opened a new firm? Send submissions [maximum 25 words) to Bar Moves at cba@bccba.org.
Watson Goepel Maledy LLP is pleased to announce that SCOTT A. MURTHA has joined the business law group. If you have inquiries on taxation or corporate matters, contact Scott at e-mail: smurtha@wgmlaw.com or phone: 604-642-5653.
DELWEN STANDER has left Sliman, Stander & Company to form Stander & Company to specialize in Litigation and Mediation Solutions. E-mail address: dstander@standerandcompany.ca.
CATHERINE W. CHOW has joined the business and property law practice at Kahn Zack Ehrlich Lith wick. Prior to leaving Stikeman Elliott (Vancouver), Catherine practiced expropriation law in Calgary for a number of years.
VICENTE V. ASUNCION, JR. has left Beck, Robinson & Co. to start his own firm, Asuncion & Company at 1200- 805 West Broadway.
Effective January 3, 2006 LESLEY ANN KILGORE will join the Department of Justice working at 222 Main Street in Vancouver. She departs Murchison Thomson & Clarke of Surrey.
The Aboriginal Law Group, Victoria, comprised of the following people, GEOFF MOYSE, SANDRA BORTHWICK, KEITH BROWN, SIMON COLEY, MONNA HUSCROFT, GERALDINE HUTCHINGS, KATHRYN KICKBUSH, JEFF LOENEN, BRUCE MCKINNON, WENDY MCKITTRICK, MARK TIMMIS, DARLENE LEAVITT moved offices October 1, 2005 to: Legal Services Branch - Aboriginal Law Group, Ministry of Attorney General, 4th Floor, 1405 Douglas Street, P.O. Box 9220 Stn Prov Govt, Victoria V8W 9J 1.
STEPHANIE O'MAHONY has moved from Murchison Thomson and Clarke to set up her own practice in White Rock/South Surrey, which focuses on family, personal injury and estate law.
ANN CARLSEN has opened her own law practice specializing in intellectual property law under the name Ann Carlsen & Company at 9912 Lougheed Hwy., Burnaby B.C.
JILL LEACOCK has left private practice to become the Law Officer for the Supreme Court of B.C.
On January 1, 2006, McQuarrie Hunter welcomed KARL MAIER into the Partnership. He joined the firm as an associate in 2000, and practices in the Surrey office on 104th Avenue in the areas of estate administration and probate, trust administration, and estate planning.
MR. MICHAEL FEDER has joined the Vancouver office of McCarthy Tetrault LLP as an associate in the Litigation Group. Prior to joining the firm, Mr. Feder clerked for the Honourable Mr Justice Major of the Supreme Court of Canada, and for the Honourable Madam Justice Huddart and Mr. Justice Oppal of the Court of Appeal for British Columbia. MS. AMI ATAL has joined the Vancouver office as an associate in the Business Law Group. Prior to joining the firm, Ms. Atal practiced at Allen & Overy LLP.
CHARLES HOTEL has left the partnership at Lawson Lundell LLP to join the Vancouver Organizing Committee for the 2010 Olympic and Paralympic Winter Games (VANOC) as legal counsel.
Michael Feder
CLE Update
CLE SOCIETY HONOURS OUTSTANDING VOLUNTEERS
•
The Continuing Legal Education Society
of British Columbia
At this year's Bench and Bar dinner, the Continuing Legal Education Society of B C honoured James P. Taylor, QC and John O.E. Lundell, QC as the recipients ofCLE's inaugural Leaders in Learning Award The award recognizes volunteers who have distinguished th emselves by making exceptional contributions to continuing professional education.
Jim Taylor has been a leader in all aspects of impa rting knowledge for the betterment of the legal profession throughout his distinguished career. He has made an enormous practical contribution to the profession through his research and writing. As a member of the UBC Faculty of Law, he played a pivotal role in the preparatory education of thousands of lawyers. He has a longstanding involvement with CLE, particularly as a contributor to our skills training programs and as a co-editor of CIVJI (Civil Jury Instructions)
John Lundell has been a consistent and loyal volunteer for CLE since 1973, contributing to the better understanding within our profession of company law. He has freely offered his expertise to speak at CLE courses, author chapters, and serve on the editorial boards of our business law publications. We could not have offered the quality and variety of programs to educate the legal profession about company law without his participation.
The Canadian Bar Review Special Edition on Ethics - Call for Submissions
The Canadian Bar Review invites submissions for a special issue on ethics and the legal profession to be published in June 2006, which will contain articles and comments from selected authors. The special issue seeks to include a broad range of subject areas and perspectives Suggested topics include conflicts and the duty of loyalty, whistleblowing, the adversarial role, judicial ethics, emerging legal ethics issues from new technologies, parallels between legal ethics and other professions, the legal history of ethics, ethics issues that arise in relation to such areas as environmental , human rights, privacy, international or health law, or any other aspect of ethics and law.
Articles should be formatted according to the Canadian Guide to Uniform Legal Citation 15th edition) and may be submitted electronically in either English or French in Microsoft Word format. Articles should be accompanied by a statement that the article is not under consideration for publication in other journals and has not been previously published.
The special edition will be featured both online and in the 2005 bound publication of the Canadian Bar Review. Maximum article length is 10,000 words. Submissions should be sent on or before the closing date of March 31, 2006 to: review0 •cba.org
Please direct all English queries to Dr. Judge, ejudge{c! •uottawa.ca and all French queries to Professeur Deslauriers at patrice. desla uri ers0 •u montreal.
Section Enrolment BONUS OFFER
Winners 2005/2006
There were 1,520 Section members entered in the draw to win the ' Early Bird Sign Up Bonus Offer' of two gift certificates towards CLE products and two complimentary one-day CLE courses CBABC members who enrolled in Sections on or before August 19, 2005 were eligible. The winners are :
1. Gift certificate for $700 to be used towards any CLE productisl of the winner's choice: Michelle J. Ostrow, Vancouver Coastal Health Authority
2. Complimentary registration to a regular, one-day CLE Course (value $375) : Thomas M. Boddez, Thorsteinssons LLP
3. Complimentary registration to a regular, one-day CLE course !value $375] : Shelley A. Wrean, Director, Legal Services , Fraser Health Authority.
4. Gift certificate for $300 to be used towards any CLE productisl of the winner 's choice : Donald Eng, General Counsel, Overwaitea Food Group-Legal Dept.
The CBABC wishes to thank CLE once again for their generous donations.
•• W E E K
Student Contests
PUBLIC SPEAKING: The annual Barry Sullivan Law Cup public speaking contest is open to students enrolled in grades 11 and 12 classes throughout B C. The students will present their speeches at the Vancouver Law Courts on April 20th at 4 :30p m Interested parties are welcome to listen to the speeches, which are generally enthusiastically and thoughtfully presented.
ESSAYS: This contest is open to grade 12 students throughout B.C The winning essays (if possible) will be available on the CBABC website.
POSTER COMPETITION:
Providing a new outlet to budding artists, the Law Week Comm ittee added a poster competition open to kindergarten to grade 3 students throughout B C. Volunteers are needed for the Open House, Fun Run, and Dial-A - Lawyer Program. To Lend a hand, please call Josey at 604 - 6873404, ext. 306 (jschaefer @bccba.org)
LAW WEEK 2006
Ambitious program ignites interest in annual event
Law Day celebrates the anniversary of the Charter of Rights and Freedoms This year's theme is "The Law: Friend or Foe? " In B . C. , Law Day has expanded to a full week of activities Events are often organized by lawyers in their local communities.
Open House on April 22
The Law Week Open House in Vancouver will be held on Saturday, April22 between 10 a m and 2 p m , with keynote speakers at midday The public is invited to participate in classes on family law, employment law, wills and estates, and landlord and tenant law. There will be displays and an opportunity for the public to ask a panel of judges some questions . Kelowna will also be hosting an Open House at its Law Court that day
Dial-A-Lawyer
The CBA will hold its province-wide "Dial-A-Lawyer" program on April 22 between 10 a .m . and 2 p.m. when the public can call to discuss a legal problem with a lawyer for up to 15 minutes The Dial - A-Lawyer numbers for English speaking lawyers are 604-687-4680 and 604 -6873221 in the Lower Mainland, and toll -free in B.C. 1- 800 -663-1919 . The numbers for Chinese speaking lawyers are 604-687-3404 in the Lower Mainland , and toll-free in B.C . 1-888 -687-3404 .
Student Mentor Program
This program provides opportunities for students to spend a half-day in a lawyer's workplace and lawyers also at tend a high school law class, allowing students to explore law as a ca reer option See www.cba.org/BC!home/main, go to Student Mentor Program under Spotlight in the right -hand column for further information on how to participate in this program
5K Fun Run
The Law Week Committee encourages members of the legal community and their families to participate in the third annual Law Week Fun Run, taking place at Locarno Beach Park on Sunday, April 9th at 10 a.m. It will be a 5 km run from Lo carno Beach to the Spanish Banks and back and will be stroller and wheelchair accessible . At the finish line, youngsters may paint their own T -shirt and enjoy clowns, music, and food. The cost per individual is $25 which includes a T-shirt and refreshments. Children under 14 are free.
This is one of those rare events where the bench, bar, law school students , professors and ever yone else in the legal community come together to take part in a fun activity and support the B.C. Branch's Law Week events. For registration info, go to www.cba.org/ BC/Public _ Medialla w _ weeklfun run.aspx
Warren Wilson, QC Elected Chair of The Law Foundation
The Board of Governors is pleased to announce that Warren Wilson, QC of Vancouver has been elected as Chair of the Law Foundation for a two-year term beginning January 1, 2006. Mr. Wilson succeeds Heather Raven of Victoria who has been Chair of the Law Foundation since 2004.
Mr. Wilson was called to the Bar in 1968 and appointed Queen's Counsel in 1993. Mr. Wilson is a retired partner with the Vancouver firm of Borden Ladner Gervais where he had a corporate commercia l practice. He served on the National and Provincial Councils of the Canadian Bar Association for six years, and chaired the CBA National Member Services Committee 1990-1991 Mr. Wilson was a Bencher of the Law Society of B.C. from 1991-1999 and was President of the Law Society in 1999. Mr Wilson was the recipient of the Georges A. Goyer, QC Memorial Award in 2004 for exceptional contributions to the legal profession
The Board of Governors of the Law Foundation of B.C. met on November 19, 2005. Chair Heather Raven is pleased to announce funding totalling $1,150,000 has been approved for the following one time projects:
THE@LAW FOUNDATION OF BRITISH COLUMBIA
PUBLIC INTEREST ARTICLING FELLOWSHIPS
$150,000 B.C. Civil Liberties Association
$100,000 UVIC Law Centre
$50,000 Community Legal Assistance Society
POVERTY LAW SERVICES
$100,000 B C. Public Interest Advocacy Centre
$100,000 Community Legal Assistance Society
$100,000 Legal Services Society
JUDICIAL REVIEW DISBURSEMENTS FUND
$100,000 Pro Bono Law B.C.
LAW STUDENT AWARDS
$300,000 University of British Columbia
$150,000 University ofVictoria
Please visit the Law Foundation website for a complete listing of grants approved, at www.lawfoundationbc.org.
The Bank of Nova Scotia
Law Foundation Chair , Warren Wilson, QC commends the Bank of Nova Scotia for its commitment to paying a competitive rate of return on lawyers' pooled trust accounts Recognizing the overall impact of protracted low interest rates on the Law Foundation's revenues, a new interest rate agreement was recently concluded.
As of November 1, 2005, a new interest rate agreement on the lawyers' pooled trust accounts has been signed that will pay a net rate of return in the range of prime less 2.80% Thanks go to Mike Pugh, Director, Global Transaction Banking, and MaryAnne Galey, Manager, Global Transaction Banking, for the leadership shown in making this new agreement possible.
Increased revenues enable the Law Foundation to fund programs that make the justice system accessible to British Columbians, particularly those people who have the greatest access problems as a result of their economic, social, physical or mental special needs. The funded programs include professional legal education, public legal education, law reform, legal research, legal aid and law libraries.
The Canadian Bar Association (B.C. Branch]. the Law Foundation, and the Law Society encourage lawyers to consider which financial institutions provide the best support to the Law Foundation when deciding where to place their trust accounts.
CLASSIFIED ADS FEBRUARY 2006
SERVICES
INTELLECTUAL PROPERTY: Let us assi st you in providing protection for your clients
Douglas B. Thompson Law CorporationRegistered Patent Agent, Registered Trade Mark Agent Practice restricted to Intellectual Property. Victoria, B C. (www.BCpatents ca) E-mai l: doug@BCp atents.ca
OFFICE SPACE AVAILABLE
OFFICE SUBLEASE: SOUTH GRANVILLE
Excellent location. Approx 1,700- 4,100 sq. ft Can be reconfigured to suit Contact: Tanya @ 604-734-7003 or e-mail to mbw@mbwla w. ca
Office rentaVsh a ring arrangement available immediately with busy litigator, prime downtown location, 1040 West Georgia Street, Vancouver 604-682-3133
POSITIONS AVAILABLE
DUNNAWAY, JACKSON & ASSOCIATES
requires a bright, energetic, junior lawyer to practise family law. The successful applicant will have a superior academic record, strong advocacy and drafting skills, and an ability to work independently. Please deliver in person a
cover letter, resume and academi c transcript to: Dunnaway, Jackson &. Associates at 1205-808 Nelson St., Vancouver, B C
PRACTICE FOR SALE
Gener al Practice Law Firm for sa le: Pioneer firm of the Fraser Valley at 2644 Montr ose Avenue, Abbotsford , B.C. V2S 3T6 Contact Lloyd Wilson at 604-853-3355 (office) or 604-853-1321 (home).
ANNOUNCEMENT
D.J. Magrega and Associates Inc., a firm of vocational and rehabilitation specialists, is very pleased to welcome Dr. Jeanne LeBlanc Dr. LeBlanc is a registered psychologist in B.C. , as well as a licensed psychologist in Texas and California She is a clinical associate in th e psychology department at Simon Frase r Univers ity Dr LeBlanc has a wealth ofhands-on rehabilitation experience with people suffering from acquired brain dysfunction and is a published scholar in her field. She has been an invited speaker at local and national le vel s regarding interdisciplinar y treatment of acquired brain injury as well as community response to individuals with bra in injury Dr. LeBlanc looks forward to assisting you with clients suffer ing from bra in trauma.
5th Annual Battle of the Bar Bands
Mark your calendars for the 5th Annual Battle of the Bar Bands which takes place on Friday June 9, 2006 at the Commodore Ballroom Further particulars for ticket purchases will set out in the nex t issue of BarTalk. Lawyer musicians wishing to participate please contact jenniferw @singleton.com. ·
Direct Bar Talk advertising inquiries to: Jesse Tarb otton Communications Coordinator Tel: 604-646-7856 or 1-888-687-3404 E-mail: jtarbotton @bccba.org
Toll Free : 1-888-385-4466 121 -11780 Hammersmith
5E9
17th Annual Terry Fox Legal Beagle Invitational
The annual Terry Fox Legal Beagle Invitational High School Boys Basketball Tournament is recognized as one of the most competitive basketball tournaments in B.C.
The tournament was held January 12-14 in Port Coquitlam and was generously sp onsored by the Tri-City Bar Members and the Terry Fox Senior Secondary School.
While the tournament highlights excellent competitive and basketball skills , it h onours the spirit and toughness of mind of its namesake, Terry Fox This year's tournament celebrates the 25th Anniversary of the Terry Fox Run and the contributions of our colleague, the late John MacLeod.
