This January saw the deaths of three of British Columbia’s legal giants; Merrill Leckie, Marvin N. Stark, QC, and Allan McEachern, all within the space of one week. These men dramatically impacted and shaped the law, provincially and beyond. It is therefore fitting that we use this space to reflect and honour the lives and careers of these three luminaries while commemorating the attributes that made them respected and celebrated leaders in B.C.’s legal community.
On January 5, 2008 Merrill Leckie passed away after a distinguished and storied career as a dedicated legal professional in this province. Born in Vancouver in 1933, Merrill graduated from UBC with degrees in Commerce and Law. He practised law in Vancouver for 42 years with Watson Goepel Maledy LLP. In a clear demonstration of his desire to give back to his profession and the community, Mr. Leckie served as the president of the Canadian Bar Association, B.C. Branch in 1986. He also was president of the B.C. Arbitration & Mediation Institute, and B.C. president of the Council for Canadian Unity. In 1998, Mr. Leckie was named the recipient of the Louis St-Laurent Award of Excellence that recognizes distinguished or exceptional service in meeting with the goals of the CBA.
Three days later Marvin Stark, QC passed away unexpectedly, but peacefully, in his sleep,
having enjoyed distinguished dual careers both as a lawyer of 50 years and as a business law professor at Simon Fraser University. Two highlights of Mr. Stark’s legal career include being appointed to the rank of Queen’s Counsel in 1992, and being the recipient of the Queen’s Golden Jubilee Medal in 2002.
Sadly, Allan McEachern passed away two days later on January 10. Mr. McEachern had a well documented legal career. He practised with Russell & DuMoulin until 1979, when he was appointed a justice of the B.C. Supreme Court. He became Chief Justice in 1988 before being elevated to the B.C. Court of Appeal as Chief Justice. Following his retirement, Mr. McEachern was elected as chancellor of the University of British Columbia in June 2002 and was re-elected in 2005, a position which he held until his death. He was a progressive Chief Justice in that he initiated and encouraged the use of computers by all judges, set up an interactive web page and created a Legal Compendium for the public to keep abreast of legal decisions.
Actively contributing to their profession right up until their deaths, these three men are prime examples of the excellence within Canada’s legal community. Their careers stand as examples for all young and aspiring lawyers of what can be achieved with dedication, persistence and professional virtuosity. They will be sorely missed. BT
As the flood of advertisements reminds us, February is RRSP month. However, retirement planning goes far beyond picking the right mutual funds for our last minute contributions and this may be an opportune time to consider one’s long-term financial and career plans. For this reason, the current issue of BarTalk focuses on sound retirement planning and complex issues involved in the succession of your practice.
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I like the fact that you laid out some of the publishing options for starting a blog. This will be helpful to anyone starting a legal blog now. I didn’t know the options when I started, and I just stumbled on to blogger. It would have been nice to read an article like yours first.
– Stanley Rule
I enjoyed your article in this month’s BarTalk. Our video game law department started blawging a couple of years ago (www. VideoGameLawBlog.com). It’s been a lot of work, but well worth it. I’d be happy to chat if you need any more material for your next article.
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rE: PracticE talk – david Bilinsky
Thanks for all the Practice Talk articles that you have written over the years. I enjoy your approach and suggestions and I felt it was time to give you some feedback!
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I get a curious mention in your October BarTalk column. I would have to clear things with the rest of my partners here first for the proposed merger.
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Re: my cousin Brittany. I don’t care what they say as long as they spell my name right.
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Ken ne TH WAlTon
The Seven Per Cent Solution
As I travel around the province in my role as President, I have become convinced that were I running for elected office, and were the voters lawyers, I would win in a landslide if I promised to eliminate the PST tax on legal fees.
Last summer the 14 largest law firms in Vancouver sent a letter to the responsible Minister pointing out the flaws in the tax including the (unprovable) thought that sophisticated clients could avoid it altogether by having B.C. legal work done in non-tax jurisdictions as Ontario or Alberta. The reply said in so many words that the government did not believe this. We know anecdotally that this happens frequently.
Kenneth Walton President 2007/2008 b.C. branch Canadian bar Association
We are the only profession singled out to collect this tax. The tax remains despite the fact that last July the Finance Minister announced a four point one billion dollar surplus, and around the end of December oil and gas revenues were said to be one billion dollars greater than expected. Our government appears to be very well funded, if not awash in cash.
For five consecutive years CBABC presidents have appeared before the legislative committee that annually examines and makes recommendations on tax policy. The last legislative committee’s recommendation was not to eliminate the tax, but rather, to apply it to legal aid funding. The Canadian Bar Association, B.C. Branch and the Trial Lawyers Association of B.C. have both passed resolutions that the tax be eliminated regardless of the justification touted for its imposition. The CBABC position remains that legal aid funding is the responsibility of the taxpayers as a whole and not
the special funding preserve of citizens who must use legal services.
My view is that on this issue our profession is regarded as a de-clawed, toothless tiger that, at best, can only give the political people a bad gumming.
So, what more can we do?
I have a suggestion. Very soon political parties will ask you for contributions, toward the May, 2009 provincial election. Lawyers are a favourite target group for such requests.
My contribution will be accompanied by a letter advising that it is seven per cent less than it would have been had the provincial sales tax on legal fees not been in existence.
I will advise my party that come 2013 election, if the provincial sales tax on legal fees still exists, my contribution will not be seven per cent less, but will be 100 per cent less.
If we all do that, it probably will not mean much in terms of reduced dollars to a particular candidate in the 2009 election. On the other hand, your candidate may become aware of this issue by that simple act (most MLAs seem unaware of it).
“My contribution will not be seven per cent less, but will be 100 per cent less.”
I intend to make sure my candidate knows the reason for my reduced contribution by speaking to the candidate. I will do that, as I am told, usually the person collecting political contributions does not pass such information on to the candidate.
It is up to our profession to keep this issue in the forefront before those good women and men we elect. It’s an important issue to most of our clients whether they realize it or not.
I wish you success in your personal and practice life. BT
Yes, the Profession is Aging
Getting beyond the doom and gloom
The “aging of the profession” is viewed with deep concern; in fact, it’s beginning to take on the feel of a Y2K-sized panic. Everyone is bracing for an exodus of brains, experience and – let’s be realistic – high-end earning power. Much wringing of hands is occurring about the few coming in behind, their absence outside of big cities, and their (outrageous!) demands for work/life balance instead of killer billable hours.
Caroline nevin executive Director b.C. branch Canadian bar Association
Much as some of us would appreciate it, we can’t wave a magic wand and make half the Boomers 20 years younger to balance out our demographic. And, unlike Y2K, we can’t throw money at a consultant to make the problem go away. That leaves us with only two options: ignore it, or adjust to change.
Ignoring it has obvious problems, but so far, it seems to be working just fine for a lot of people. For those of you less inclined to let life “just happen” and more optimistic about the opportunities that change brings, I have a few suggestions.
Start from the premise that any employer gets more from happy employees. Different things make different people happy; that means we have to experiment – and occasionally fail – in order to find out what works best for each person. This is a challenging concept when you’re in the business of precedents, structure and unbending tradition. Managing people was much easier when it was: “here’s what you have to do and here’s what we’ll pay you to do it.” That’s just not going to work anymore. Quality of life really counts. Check out www.cba.org/practicelink for recruitment and retention advice.
Get rid of the age barriers and start thinking in terms of competence. I’ve met plenty of amazing lawyers who are smarter and more alive to the joy of contributing now than they were 20 years ago. Don’t push people out unnecessarily. If there’s interest on both sides, consider an arrangement for parttime work or limiting work to favourite files (the new buzzword is “phased retirement”).
To attract new lawyers to your beautiful but remote community, think about banding together as a local bar and paying to bring them to town to try you on for size. Think about a Shared Articles arrangement (see www.cba.org/bc under Initiatives). Chances are you’ll be able to offer new lawyers hands-on experience beyond their years, and everyone wins with a new local lawyer to share the workload (remember that phased retirement idea?).
Think about how to support community engagement. Lawyers want to make a difference in the world. An employer’s commitment to pro bono and community service is a growing factor in how young lawyers in particular view and choose their jobs. Visit www.probononet.bc.ca for ideas. Older lawyers have lots to offer too. In fact, the ABA established a separate “Second Season of Service” Commission and website, in recognition that latecareer lawyers want to contribute their legal expertise and knowledge to others.
Lastly, stop viewing senior lawyers as being one big homogenous group; just because the statisticians do, doesn’t mean we have to buy in to it. Eliminate ageism in your thinking and in your policies; start thinking in terms of competence and contribution. Never get in the way of anyone’s potential to aspire to do great things – young or old. BT
Security Certificate Legislation (Bill C-3) Needs Further Amendments
The CBA says Bill C-3 (amendments to the Immigration and Refugee Protection Act) requires further changes to meet the constitutional standard outlined by the Supreme Court of Canada. Isabelle Dongier of Montreal, a member of the National Citizenship and Immigration Law Section, presented the CBA submission to the Public Safety and National Security Committee in November. The CBA recommends a number of changes to improve the legislation, including:
• The government must disclose all relevant information to the court and special advocate, not just the evidence the government believes is helpful.
• Special advocates must have continued contact with the named person after reviewing the secret evidence, subject to an obligation not to disclose the secret evidence.
• Special advocates must have sufficient logistical and administrative support to effectively challenge the government’s confidential evidence.
2008 Mid-Winter Meeting of Council, Feb. 21 to Feb. 24
Four great reasons to come to the CBA Mid-Winter Meeting in Yellowknife:
• Continuing Legal Education, Feb. 21. Standing at a Crossroads: How are Indigenous Perspectives InfluencingtheEvolutionofCanadianLaw?
• Advocacy on behalf of the profession: The CBA’s Task Force on Conflicts of Interest will present its interim findings following the consultation with members that took place this fall.
• Meet the candidates for National nd VP. Paul n.K. Smith of Yellowknife and rodney A. Snow of Whitehorse will outline their priorities.
• Networking: opportunities abound, including: Welcome and Late Night receptions; At-Home and President’s dinners; northern lights at the Aurora village; tours, dog-sledding, and much more!
The Supreme Court has granted CBA leave to intervene in Privacy Commissioner v. Blood Tribe. At issue is whether the Privacy Commissioner of Canada can compel the production of documents when a claim of solicitor-client privilege is asserted in the context of an investigation under the Personal Information Protection and Electronic Documents Act (PIPEDA). Mahmud Jamal and Craig Lockwood, of Osler in Toronto are acting as CBA’s pro bono counsel.
young Professionals’ Internship Program 2008-2009
Young lawyers interested in overseas placements in Latin America, the Caribbean, Africa, and South East Asia are invited to apply to the CBA-administered Young Professionals International Program. The eight-month placements are offered to lawyers who are 30 years old or younger, interested in contributing to human rights and legal development, and to getting international experience. Airfares, accommodation and expenses are paid.
Details uuu www.cba.org/CBA/IDP/YIIP/
CBA President Honours Former chief Justice
Antonio Lamer
In his remarks at the Supreme Court of Canada’s special memorial for the rt. Hon. Antonio Charles lamer in December, CbA President bernard Amyot praised the former Chief Justice as a great defender of rights and liberties – a jurist who served Canada and the legal profession with pride and dignity.
“The Canadian legal profession remembers Chief Justice Lamer with great fondness for his dedication to improving the justice system, his steady guidance in presiding over some of the great challenges of our time, and for his exceptional warmth,” said Mr. Amyot. The President also reflected on the legacy that Antonio lamer leaves the judiciary, the legal profession and the CbA.
“He will also be remembered as a resilient defender of the Rule of law and of judicial independence. He held steadfast to the view that the Judiciary must be in a position to resist the political pressures of public criticism. And he was always appreciative of the CBA’s support.”
The 50 Year Pin
mr. George mcminn, QC, Chief Clerk of the legislative Assembly of british Columbia receives his 50 year pin from CBABC’s Joanne Silver. January 2008 marked mr. McMinn’s 54th continuous year of membership in the Canadian bar Association.
b.C. branch President Kenneth Walton initiated the pins as recognition of the membership and service of CbAbC lawyers in our province.
Section Enrolment BONUS OFFER
Winners 2007/2008
CBA members who enrolled in this Section activity year before August 17, 2007 were eligible to win the “Early Bird Sign Up Bonus Offer” of two gift certificates toward CLEBC products and two complimentary one-day CLEBC courses. Entered in the draw were 2,093 Section members. The winners are:
1. Gift certificate of $700 to be used toward any CLEBC product(s) of the winner’s choice: Laurie A. Fenlon, Fasken Martineau DuMoulin LLP, Vancouver
2. Complimentary registration to a regular, one-day CLEBC course: Susan A. Copland, Investment Industry Association of Canada, Vancouver
3. Complimentary registration to a regular, one-day CLEBC course: Kimberley D.B. Norris, Ministry of Attorney General – Criminal Justice Branch, Victoria
4. Gift certificate of $300 to be used toward any CLEBC product(s) of the winner’s choice: Christopher G. Devlin, Devlin Gailus, Victoria
It’s not too late to enroll in Sections. Contact the B.C. Branch office at 604-687-3404 or toll free 1-888-687-3404 or e-mail sections@bccba.org. Once again, the CBABC wishes to thank CLEBC for their generous donation.
Section Update
Keep your practice current
The following are brief summaries of several recent Section meetings held throughout the province. More detailed information and available minutes from the Section meetings are accessible online at www.cba.org/bc in Sections and Groups, for enrolled CBA members.
aBoriginal law – vancouvEr
MEETING: December 4, 2007
SPEAKERS: Christopher Devlin, Devlin Gailus, victoria; Paul Yearwood, b.C. Attorney General, legal Services; mary French, Department of Justice
TOPIC: Willson v. A.G.b.C.,2007, bCSC 1324
Can a band of Indians sue or be sued in its own name? Who should be consulted? The issue of the legal capacity of Indian bands has plagued aboriginal law for years in a number of contexts. Christopher Devlin, Paul Yearwood, and Mary French were counsel involved in the Willson v. A.G.B.C., 2007, BCSC 1324 case which canvassed these questions. They discussed new developments on what McEachern CJSC (as he then was) once termed “an open question”: whether Indian bands are juridical persons capable of suing and being sued. Mr. Devlin, counsel for the Plaintiffs, gave an overview of the case and its background. He explained the major issue in this case which is the location of the western boundary of Treaty 8, signed in 1899 by groups of Beaver and Cree people. He then discussed the issue addressed in this interlocutory decision, noting that it was the first B.C. judgment to explicitly confirm that Indian bands may sue and be sued in their own name. Mary French, counsel for Canada, discussed the current legal status of Indian bands, the development of case law regarding the ability of Indian bands to sue or be sued in their own
Section Chairs
SPOTLIGHT
name and the use of representative proceedings in the future. Ms. French explained the legal capacity of an Indian band making reference to the fact that neither the Indian Act nor any Act of Parliament defines the legal status of a band, which puts into doubt the legal rights and capacities of an Indian band. Mr. Yearwood, counsel for British Columbia, discussed the procedural law related to the British Columbia Supreme Court Rules which say that a “person” can commence or defend a matter in the Supreme Court but makes no reference to bands or First Nations. The guest speakers prepared and circulated their presentations to members in attendance. The attachments were also circulated with the Section’s minutes.
Family law – victoria
MEETING: november 19, 2007
SPEAKERS: richard Stewart and Kathryn berge, QC TOPIC: Proposals for a Code of Conduct for Family law Practitioners in british Columbia
Mr. Stewart discussed the topic, namely, whether there should be a code of professional conduct for Family Law lawyers and whether that code should be voluntary or mandatory. The history of this topic with the Law Society of B.C., which stemmed from the Family Justice Reform Working Group recommendation in May 2005, was briefly outlined. Mr. Stewart discussed codes and guidelines in other jurisdictions, such as
Billy S. Garton
For the past several years, thirteen in fact, billy Garton has been Chair of the natural Resources – Forestry Law Section. A leading lawyer in the practice of natural resources and aboriginal law at bull, Housser and Tupper llP, billy focuses on corporate mergers and acquisitions, primarily in the forest and mining industries. His experience as Section Chair has contributed to his valuable participation as a current member of the CbAbC Sections Committee. His professional recognitions were noted in the 2006 and 2007 best lawyers in Canada publication and Canadian legal lexpert Directory mr. Garton is a frequent speaker at conferences regarding forestry and aboriginal law matters.
Australia, some US states, and the UK. The mandate of the task force, comprised of specific Benchers who practise family law, is to determine whether there should be a professional code of conduct and if so, whether that professional code should be mandatory or voluntary. Mr. Stewart spoke about why family law is different. There was a discussion about family law being the most litigated area of civil law and its long-reaching effects on children, as well as how the conduct of family law lawyers, as professionals, affects children. Ms. Berge and Mr. Stewart asked for direct feedback from members in attendance. It was generally agreed, after comments and discussion at the meeting, that it would be beneficial as a best practices and not as a code that required enforcement.
INTERNATIONAL ASSISTANCE
MEETING: September 26, 2007
SPEAKER: nadia Khan
TOPIC: legal and Human rights Development at the law Society of Kenya in nairobi
Ms. Khan gave a brief overview of Kenya, a country where 23 per cent of 30 million Kenyans live on less
From left to right: mary mouat, ADr-victoria Chair, Guest speaker, nancy Cameron, QC, and Charlotte Salomon, Civil litigation-vancouver Island Chair.
than $1 per day. Some of the issues and challenges facing Kenya are constitutional and democratic reform, concerns of corruption within government, and the huge refugee influx from surrounding countries. There are 6,000 lawyers in Kenya and only 90 judges for a country whose population is similar to Canada. The Law Society of Kenya has 4,000 members, the majority of whom practise in major cities, particularly Nairobi. Ms. Khan took on many tasks as an intern of the Law Society of Kenya; specifically streamlining the communications and office work in the society and working on the human rights agenda of the society. She assisted with research and implementation of projects, and speech writing. Her high levels of involvement were met with challenges including corruption. One of her accomplishments in Kenya was writing a funding proposal for the Kibera Community Youth Group which was successful in receiving a significant amount of financial support. She also participated in the development of a national legal aid program. Ms. Khan’s internship in Kenya was part of the CBA’s Young Professionals International Program. BT
adr – victoria and civil litigation –vancouvEr island (Jointly)
MEETING: november 27, 2007
SPEAKER: nancy J. Cameron, QC
TOPIC: Collaborative Practice in the Civil Context
Nancy Cameron, QC, gave a presentation as to why she believes that civil practice is the next area for collaborative law. The process involves clients and lawyers signing a participation agreement that includes the retaining of neutral experts, as well as a disqualification clause, meaning that both lawyers in the collaborative process are fired if the process moves to litigation. Working a case through collaborative law means setting new rules for how you, as a lawyer, would negotiate. Transparency in negotiations is ensured by clients authorizing their lawyer to talk to the other side about all relevant matters. Lawyers’ roles are specifically defined at the beginning to assist in settlement. Of course, this means different advocacy skills for lawyers who are used to being involved in an adversarial framework. The keystone in collaborative law is good communication between the lawyers, enhanced by skills in interest-based negotiation. This model presents a move away from rights-based thinking, and lets clients frame issues to meet their needs.
With the rising costs of litigation, clients are self educating and may in the future request collaborative practice instead of an adversarial one. There have been no cases in B.C. yet where there has been a collaborative process in a non-family law context, nor is there a statutory framework to support collaborative law. Lawyers looking to deal with clients’ claims in the collaborative way must be willing to undergo collaborative law training.
A Smooth Transition
Silver steps to a golden future…
nothings gonna touch you in these golden years,…
Words and music by David bowie.
Retirement. That one word conjures up a host of thoughts of a golden time filled with leisure activities, good health and open vistas. Unfortunately, with the aging of the baby boomers, the thought of retirement of large number of lawyers creates headaches for law firms both in terms of trying to replace the retiring lawyers as well as trying to fund all their retirement expectations. For solos, particularly those in the interior, they are facing the difficulty of trying to attract someone – anyone – into their practice to fill their succession needs. And all lawyers need to turn their minds to the question of illness or disability while still in practice and how the needs of their clients, and the financial needs of their family, would be met in such a situation.
David J. bilinsky is the Practice management Advisor for the lSbC. e-mail: daveb@lsbc.org blog: www.thoughtfullaw.com
expectations? Younger partners, who have their own expectations as to work and income levels, are not particularly predisposed to payments or subsidies to non-full-time partners if they are not pulling in full-time revenue. Retiring partners may also have unrealistic expectations as to the value of their practice, particularly when it comes to their “capital account” and how it is to be paid out to them.
Furthermore, the whole spectacle of retiring from the practice of law can raise problems of anxiety, depression and loss of self-esteem.
Aside from the whole issue of planning from a financial perspective for your retirement (of which there are many resources on the Web and in print) there are all the law firm management issues in and around succession and retirement. Let us look at some of the suggestions that have been put forward in this regard:
PLAN
The reality is that most lawyers do not wish to suddenly retire; a more reasonable expectation is lawyers continuing to work with a lower time, and financial, expectation. However, law firms have not typically dealt with a large number of lawyers who are slowly transitioning out of practice. The whole process of transitioning lawyers to something less than full-time practice raises its own host of issues. For one, most law firm financial models are based on full-time lawyers occupying the leased space and using the full-time staff accordingly. How do you adjust both the firm billing model as well as the firm financial equation if you have lawyers in offices that are still priced at full overhead rates but are occupied by lawyers who are billing out at less, and in some cases substantially less, than full-time
Nothing happens unless there is first a plan. Accordingly, a good place to start is for the lawyer or lawyers in the firm to envision a timeline and an expectation of what they need and want in terms of their retirement. In many cases, this will mean developing a policy around part-time practice and transfer of files. Engaging all the lawyers of the firm into this dialogue will ensure that at least all points of view are aired and discussed. There is no doubt that the compensation formula must be adjusted to take into account the lower hour and revenue desires of the transitioning partner. Provided that a proper allocation of overhead based on full-time and part-time partners can be reached, all parties could be satisfied with the adjusted billable time and revenue targets and adjusted draws.
LEVERAGE
As full-time lawyers moved towards part-time practice, other staff must have the capacity to take up the slack. Younger lawyers stand to benefit here from both the mentorship as well as the exposure to higher value added work. Accordingly, a firm needs to put into place a plan to attract, retain, and groom younger lawyers to gradually take over the legal work.
CLIENT TRANSITION
In larger firms, the move to client teams aids in the issue of transitioning clients and files towards younger lawyers. In smaller firms, the issue may be more acute, particularly if there is a perceived loss of income arising from the transitioning over of a client. It is suggested that the firm consider some adjustment incorporating client origination or some other factor to compensate the retiring partner during the period of transition.
LET GO OF THE STEREOTYPES
To assist everyone in the “downshift” phase, it is important to keep the options open and not to cling to outmoded and inflexible plans and expectations. Dialogue and involving people within the process, can go a long way towards eliminating the speed bumps along the road to your goal.
PLAN FOR THE WORST
It goes without saying that the best laid plans can be upset by sudden illness or accident. Every lawyer should have arrangements in place in the event of a sudden illness or accident for another lawyer to have the legal authority to take over their practice, protect the rights of the clients, and make such arrangements as are necessary in the circumstances. This includes incorporating wording into your will to allow a lawyer to deal with your law practice.
With proper planning, vision, and implementation, a lawyer and law firm can look forward toward a reduction and eventual retirement of those active in the practice of law. The most important part of this puzzle is to start working on it – now – while you still have the time and luxury to explore different options. Every journey begins with a single step; proper planning will ensure that those steps take you to a place where nothing is going to touch you in those golden years. BT
DAVE's TEcH TIP
Technology Tip from Dave’s Award-Winning Blog: (www.thoughtfullaw.com):
my latest favourite Web Site: www.TripIt.com: All of us take a trip sooner or later. organizing all the details can be a pain. Welcome to TripIt. TripIt works as follows:
You register with TripIt (supplying the usual information) and establish an e-mail address and password. From there, you make your plane, hotel, car etc. reservations – and e-mail a copy of your confirmations to plans@tripit.com. Here is where the magic starts.
TripIt starts a new itinerary for you – and as you add in your hotel to your plane reservations, car etc…. it automatically builds your trip itinerary for you. This is truly magic – you do *not* have to rekey in anything –TripIt scrapes or discerns your travel plans automatically – and adds in links to “online checkin,” “check flight status,” “get seating advice” as well as necessary info such as departure and arrival information.
Hotel information is similarly organized... and includes a summary of the hotel room’s details (such as free internet). It also includes check out times, maps and directions from the airport to the hotel, weather information and such. You can invite in collaborators, add notes to the trip, and much more. This is one cool travel site and one that will have me coming back time after time. Hat tip to Tom mighell and his blog Inter Alia, who also is the Chair of AbA TeCHSHoW this year, for putting me onto this site!
The views expressed herein are strictly those of the author and may not be shared by the law Society of b.C.
Taser Nation
Aren’t you glad you have one? Don’t you wish everyone did?
My friend Patty is a flight attendant working long-haul flights from Europe and Asia. Sometimes, she has to deal with confused, irritable, and difficult passengers at 35,000 feet who won’t sit down when they’re told, (perhaps because they don’t understand English). “You know, if I had a Taser, I wouldn’t have to smile or be nice. I could just wait 25 seconds like the RCMP does and Zap them into their seats. Then I could get back to dealing with the easy passengers. I think we should all have Tasers. Based on how I see the RCMP use them, I’d use my Taser twice a flight. They’re very convenient.”
Tony Wilson is a vancouver Franchise lawyer who has written for the Globe and mail, macleans and Canadian lawyer. A consumer line of Tasers is available online at www.taser.com in a variety of colours, including leopard!
Larry sells furniture at a Big Box Store and has to deal with customers who get frustrated when they can’t find the right Sofabed. “You know,” he confesses, “sometimes when a customer stands up in the showroom holding a small chair, I don’t know if he’s dangerous, joking around, or if he’s trying to prop a door open with it. If I had a Taser, I wouldn’t have to guess. I could just wait 25 seconds, and if he didn’t put the chair down, I could simply Zap him. You see, trying to reason with an upset customer for more than 25 seconds is just so time consuming and I’ve got a lot to do.”
Roger waits tables at a restaurant that gets rowdy on Friday nights. “Yeah” he says, “Sometimes a customer gets real mad because his steak is overdone or I forgot to put extra sour cream on the baked potato. A Taser would sure help with these difficult people. Of course, I’d have to wait at least 25 seconds before Zapping them because that’s how long the RCMP waits before they Zap someone. But that’s OK because they have all that psychology, mediation, and counseling training that I just don’t have as a
waiter. Besides, diffusing the situation would take more time and effort. Tasers are so convenient. They’re just like “Phasers” on Star Trek, aren’t they? ”
But maybe Tasers are just too convenient. The RCMP likes to say that no-one has ever died from a Taser. They die from something called “excited delirium.” My doctor says there’s no such thing as “excited delirium” and that it’s really just a term invented by Spin Doctors because “Death by Taser” is bad PR for the Taser industry. My more cynical friends say that if the people who were killed by Tasers were actually shot in the leg with a 9mm Glock, they might have lived. Or maybe the Glock wouldn’t have been fired at all. I think instead of everyone using Tasers, perhaps we should all buy pocket sized video cameras so that we could film the RCMP and other police forces at every opportunity. If we filmed everything they did, they’d always know they were on someone’s video, and there’d be a record of what really happened. We could see the truly brave and heroic things they do every day. But we could also see if they actually used their policing skills to diffuse a complicated situation before they fired their Tasers, or they just got lazy. If all of us used our video cameras on the police, then nobody could spindoctor the facts to suggest there was a struggle when there wasn’t, or someone was dangerous when they were just tired or confused or couldn’t speak English. Who knows, maybe the digital video will do for civil liberties in this decade what the Charter did in the last.
However, I might be inclined to put my video on YouTube before ever offering it to the RCMP. I’ve learned you have to start a legal action before they’ll give it back to you. BT
Online Marketing: Blawgs Part 2
Building Your Blawg and Driving Traffic to Your Site
Now that you have decided to create a blawg, there are a few matters to consider. Does your firm have a blogging policy? Will you focus on one or two areas of law? What topics will you write about? How will you find those topics? Most lawyers who are blogging spend a few minutes each day scanning news headlines for the next hot topic.
Patricia Jordan is the CbAbC Web manager. She welcomes your comments, questions and suggestions. Tel: 604-646-7861
One hot topic is anti-violence video game legislation. Chris Bennett, a partner at Davis LLP and the head of the Trademarks Practice Group, has been blogging at www.videogamelawblog.com since 2005. On January 7, 2008, he posted a blawg on “Why do politicians keep proposing anti-violence video game legislation?” In that blawg he linked to reports on Fox, First Coast News, GamePolitics, and Gaming Today. This was a smart move, as searches for those sites could generate hits on his blawg.
REALLY SIMPLY SYNDICATION (RSS)
e-mail: pjordan@bccba.org
the information we receive regarding new issues in the video game law industry. And for outgoing content, our blog software takes care of everything for us, making it easy for people who read our blog to receive and organize our posts.”
SEARCH ENGINE OPTIMIzATION (SEO)
SEO is a term used to describe a process of improving the volume of traffic to a website or blog from search engines. Bloggers use SEO to measure the quality of visitor traffic and to identify how often specific tags or keywords are used. Often law firms mistakenly use tags that are firmcentric and not what a potential client might use in an online search for a law firm. Tags are keywords, categories, headlines, summaries, and content.
Feedburner, an industry leader, provides media distribution for blogs through RSS feeds. An RSS feed is commonly referred to as a feed or web feed. RSS is an easy to use method for content distribution that allows you to read news headlines from your desktop without having to browse the Web. RSS content can be read by RSS reader software or a feed reader aggregator. There are more than 2,000 RSS readers that will allow you to review a large amount of content in a short time.
I asked Chris Bennett what RSS has done for Davis’ blogs. “Using RSS is very easy (really simple, in fact!). For incoming content, RSS helps us organize
Choosing tags carefully will attract search engines to your blog. Most search engines use algorithms to measure the strength and vitality of links to a blog. Linking to other blogs and encouraging bloggers to link to your blogs will help to quantify your site as a useful site, resulting in a higher search result ranking. Davis LLP has chosen its tags well, as their Google search ranking for “video game law” is consistently ranked at #1. Visit www.davis.ca/en/blogs to view a complete list of tags used on its three blogs.
Notice to Mac Users: Mac has user friendly blog software as part of the iWeb program with iLife. BT
sitE du Jour
Read about RSS at www.cba.org/ cba/media/main/rss.aspx and www.feedburner.com.
every effort is made to ensure the accuracy of the information provided to you in this article but the information should not be relied upon. lawyers should refer to the specific legislative or regulatory provision. You will see a reference in some cases to the number of the bill when it was introduced in the House. This number may be different from the chapter number of the new Act which is quoted after the title of the Act and which is the proper citation for the Act. The bill number has been given to make it easier for you to note up the bills you may have in your library.
ACTS IN FORCE
ATTORNEY GENERAL STATUTES
AMENDMENT ACT, 2007, S.B.C. 2007, C. 14 (BILL 33)
Sections 69 to 132, 134, 136, 137 and 140 to 220 and Schedules 1 to 20 are in force
December 1, 2007 except item 73 of Schedule 15 insofar as it amends the following Sections or other provisions of the Securities Act, as enacted by the Securities Amendment Act, 2007: 140.1, in the definitions of “failure to make timely disclosure” and “management’s discussion and analysis”, 140.3(4), 140.4(8)(e) and (17), 140.5(1) and (2) and 141.2(b)
BUDGET MEASURES IMPLEMENTATION
ACT, 2007, S.B.C. 2007, C. 1 (BILL 2)
Sections 32 and 38 are in force December 1, 2007
DRINKING WATER PROTECTION ACT, S.B.C. 2001, C. 9 (BILL 20)
Sections 39, 46 to 60, 62, 66 and 68 are in force November 23, 2007
GREATER VANCOUVER TRANSPORTATION AUTHORITY
AMENDMENT ACT, 2007, S.B.C. 2007, C. 41 (BILL 43)
Sections 1 to 33 and 53 to 101 are in force November 30, 2007
CURRENT FROM NOVEMBER 6 TO DECEMBER 31, 2007
legislative update is provided as part of the CbAbC legislative and law reform program. It is a service funded by CbA membership fees, and is, therefore, provided as a benefit of CbA membership. The full version of legislative update is now only published online and available to CbA members exclusively at www.cba.org/bc.
GREENHOUSEGASREDUCTIONTARGETS
ACT, S.B.C. 2007, C. 42 (BILL 44) Act is in force January 1, 2008
HEALTH PROFESSIONS AMENDMENT
ACT, 2003, S.B.C. 2003, C. 57 (BILL 62)
Section 19 is in force November 23, 2007, except insofar as it enacts Section 26.1(1) of the Health Professions Act
LOCAL GOVERNMENT STATUTES
AMENDMENT ACT, 2000, S.B.C. 2000, C. 7 (BILL 14)
Sections 71 and 72 are in force November 30, 2007
LOCAL GOVERNMENT STATUTES
AMENDMENT ACT, 1999, S.B.C. 1999, C. 37 (BILL 88)
Section 206(b) is in force November 30, 2007
MISCELLANEOUS STATUTES
AMENDMENT ACT, 2007, S.B.C. 2007, C. 8 (BILL 12)
Sections 49 and 53 are in force January 1, 2008
MISCELLANEOUS STATUTES
AMENDMENTACT(NO.2),2007, S.B.C. 2007, C. 24 (BILL 35)
Sections 10 to 21 and 43 are in force November 8, 2007
UBC Law Faculty Receives
$1 million Gift from Davis LLP and Irwin Davis
Davis LLP and Mr. Irwin Davis, grandson of the firm’s founder Edward Pease Davis, K.C., have just announced a $1 million donation to the ubC Faculty of law.
PUBLIC SAFETY STATUTES
AMENDMENT ACT, 2007, S.B.C. 2007, C. 28 (BILL 16)
Sections 3 to 21 are in force January 1, 2008. Sections 29 to 31 are in force February 14, 2008
SECURITIES AMENDMENT ACT, 2007, S.B.C. 2007, C. 37 (BILL 28)
Sections 28, 29, 40(e) and 43 are in force December 21, 2007
SECURITIES AMENDMENT ACT, 2006, S.B.C. 2006, C. 32 (BILL 20)
Sections 1(a) and (c), 3, 16, 17, 19, 22 to the extent that it repeals Section 84.1 of the Securities Act, 24, 36, 42, 43, 47(a) and (g), 50(a), 51(a) and 63(i) are in force December 21, 2007
TOBACCO SALES (BANNING TOBACCO AND SMOKING IN PUBLIC PLACES AND SCHOOLS)AMENDMENTACT,2007, S.B.C. 2007, C. 12 (BILL 10)
Section 3, insofar as it enacts Sections 2.1, 2.3 and 2.4 of the Tobacco Control Act, and Sections 4 and 5(a) are in force March 31, 2008
From left to right: Dean mary Anne bobinski, mr. Irwin Davis, and former Davis national managing Partner Doug buchanan.
The $1 million gift will be directed to the faculty’s new building project designed to meet the needs of future law students and legal researchers. Davis llP joins the ranks of a select group of law firms who have provided donations to the faculty, but owns the unique position of being the only national law firm to originate in vancouver. The firm and its founding father have played pivotal roles in the vancouver legal community since the firm originated in 1892.
A Day in the Life of a Small Boutique Firm
Burke Frame is a small, very small law firm located in the Village of Chase on the shores of Little Shuswap Lake. Although it is the only firm with a full-time presence in Chase, most of the locals will have never heard of it. An innocuous inscription of the firm’s name on a door is the only outward evidence of the firm’s location.
You see, Burke Frame is a boutique firm, specializing in land use and development litigation. A typical client is a land owner embroiled in disputes with one or more levels of government or some government agency. The clientele is scattered throughout the Lower Mainland and southern interior of the province. Some are the targets of expropriation. Some have run head-on into a bureaucratic brick wall in their efforts to develop real estate. Others have shown up on City Hall’s radar for an apparent violation of some local ordinance. Others still are fighting to establish/maintain access to their lands or riparian rights to the province’s innumerable lakes and rivers.
Although usually retained to defend the would-be developer, recently Burke Frame has seen a growth in community association-type clients looking to challenge a proposed development. It provides an interesting change of perspective to be placing rather than removing obstacles faced by a developer.
The investigation into the pros and cons of such projects invariably generates a plethora of expert reports and reviews. Eventually, the dispute can become a battle of attrition. At some point, the holding costs attributable to delay coupled with the cost of fighting an uphill battle, will wash away any prospect of profit. Consequently, being “right” is often not enough. The developer client needs to know early how much time and money it will take to be “right.” Business reality is more likely to drive the result than the law.
“Consequently, being right is often not enough. The developer client needs to know early how much time and money it will take to be right.”
The files are often document heavy. A single municipal bylaw with amendments can fill a large binder. As litigators, the firm is only involved in problematic and controversial development proposals.
Many of the firm’s clients have never been to the Chase office. Instead, meetings take place where the land is. This means a lot of travel; somewhere in the 3,000 km per month range. Air travel, generally, is not a viable option. Trips are too last-minute, the return times are too unknown, the areas are poorly served by the airlines (Kamloops to Creston by air is a two-day affair), and the documentation is difficult to transport. Documents checked as luggage don’t always make it to the destination on time; that is simply not an acceptable risk. Fortunately, British Columbia is a beautiful place to take a drive – winter roads aside…. All in all, the work is both enjoyable and rewarding. The clients are often fairly sophisticated. The issues are complex, but always capable of resolution. And, last but by no means least, the fairly limited group of legal counsel whom Burke Frame regularly face bring with them an admirably high standard of competence, professionalism and courtesy. As it ought to be, counsel on both sides of the table ensure that civil litigation is litigated civilly. BT
Jeff Frame burke Frame
Investment Fees Take a Bite Out of Savings
How you can earn more by paying less
Only one in three Canadians expecting to retire in 2030 is saving at levels required to meet basic household expenses in their retirement, and many may need to sharply increase their annual savings or continue working past age 65 to avoid financial hardship, according to a study sponsored by the Canadian Institute of Actuaries.
Yet despite this, a recent survey by RBC found that only one in 10 Canadians plans to make the maximum contribution to their RRSP this year. How can you increase your retirement savings without increasing your contributions? One way is to decrease the fees that you pay to invest. Most investors are completely unaware of the amount of money being lost by paying higher fees for mutual funds than need be.
To illustrate the significant role that your management fee plays in your retirement savings, consider this example: Let us assume that you have two RRSPs in the amount of $100,000 earning an annual rate of return of 8 per cent over 25 years. Both RRSPs are Canadian Equity mutual funds. Fund A charges only 1.25 per cent; Fund B charges 2.8 per cent. After 25 years, Fund A will have grown to $511,914 as compared to Fund B at only $355,135; a difference of more than $150,000. Which fund would you rather be in?
In the above illustrated chart, Fund B represents a typical mutual fund investment while Fund A represents a CBA Financial RRSP account.
An actively managed mutual fund will have three basic categories of fees: management fees; sales fees; and special, or other fees.
Management fees are deducted from every investment dollar and are expressed as a percentage called a Management Expense Ratio or MER. The MER is required to cover the costs associated with administering the investment fund and are normally deducted regardless of how well the fund performs. Unfortunately, many investors believe the MER is the only expense that is charged to their funds.
Other costs that are commonly paid by investors are sales fees and commissions. These cover the compensation paid to the person who sold you the investment fund. When these costs are deducted from your initial investment dollar, it is known as a Front-End Load. If these costs are deducted at the time that an investor chooses to withdraw a portion of the funds associated with an investment, it is a Back-End Load.
Available exclusively to lawyers, their families and their support staff, the CBA Financial RRSP with Manulife Financial significantly reduces the cost of investing in an RRSP. Manulife Financial charges an Investment Management Fee or IMF. An IMF covers the cost of investment management and administrative expenses for a fund. CBAF funds do not have front-end sales charges, deferred sales charges, or special fees.
In addition, CBAF provides access to fund managers who are well known and respected for their long term stability and overall investment returns. New funds have recently been added, including funds that automatically adjust their level of risk to help maximize returns when you are younger, and then conserve your money as you get close to retirement. All of these benefits are available to individual investors or to law firms as a group plan. BT
For more information on CbA Financial rSPs, contact your local CbAF Authorized representatives Dave Hodgson or eric mass at 604-247-8007 or dave@massco.ca and eric@massco.ca.
Irreplaceable in Retirement
“But what will we do?” asks the client when you announce your intended retirement. After 39 years of small firm and solo in-general practice, it’s hard not to want to help out your client. It’s been hard enough for you to come to the decision. Telling a client is even harder.
What impact is your retirement going to have on your clients? In the short-term, lots. Remember what you had to go through to find a new doctor, accountant, psychologist, or other professional advisor?
Ted mark Semi-retired sole practitioner
How do you actually do “it”? There is a smattering of articles in legal magazines. But they want continuing subscribers, so help for those who are canceling subscriptions are few. The Law Society is some help, both in the online resources, and particularly, David Bilinsky. The Membership Services and the Trust Reporting departments are helpful in their respective areas. You will have to deal with them, so phone ahead.
You will have to undergo an attitude adjustment. It’s funny how you have been able to carry on with your practice and your life without your now retired doctor, dentist, financial advisor and others. Your clients will survive.
Handbook , Rules 2-8 and 3-80. (Why do we have so many rules?)
Second, you can bring in someone else. But, have you downsized already, preventing your firm from taking on the financial burden of a new lawyer? Maybe you have left it too long to do this. You probably should have done this about five years before, so your clients will get used to dealing with your successor. Lawyers think of that for their clients, not themselves.
Third, see if you can find a larger firm that offers a full range of services, and that has a character that matches your own. I know; no one is as good as you. But try it. You might be able to negotiate a small payment for the asset you have built up over the years, but be prepared to offer to work on a transition of your clients to the new firm. Consider finishing off the dogs yourself. Give it a year.
“It’s funny how you have been able to carry on with your practice and your life without your now retired doctor, dentist, financial advisor and others. Your clients will survive.”
But you want your clients to remember you fondly. What are some of the alternatives?
First, you can just walk away. Health issues might force this. If retirement is trying to save your health, you might not be remembered well if you follow this alternative. You are still going to be dealing with the Law Society. Take a look at the Professional Conduct
It’s going to take you a year no matter which alternative you follow. Why not give your clients the opportunity for some reasonable continuing legal services? You are going to miss the hassle of administration, the late nights of preparation, the collegiality, the reminders from your spouse about why you are retiring, but you are going to have the satisfaction of knowing you looked after your clients even in your retirement.
Me? My wife and I moved to Vancouver Island to enjoy the clean air and the recreation. I’m working part-time in a law office on a contract basis, as needed. The world has to be told that sole practitioners are irreplaceable! BT
Did I Leave Something in San Francisco?
Let me think. What did I come back with? The Napa Valley wine?
Check. The pictures from Alcatraz? Check. Contact information for the colleagues I met? Check. Notes from the speeches of the President of the California Bar Association? Check. Nope… it doesn’t look like I left anything in San Francisco.
James bond
For those of you who didn’t get a chance to join us there for San Francisco Style, the CBABC’s 2nd Annual Conference, I thought I would take this opportunity to give you a quick recap of some of the highlights of the event, in the hope that I can entice you to start planning now for the 3rd Annual Conference.
CbAbC Secretary-Treasurer San Francisco Style Conference Co-Chair
Attendees in San Francisco seemed particularly pleased with the quality of the speakers and programs available again this year. While all of the speakers and programs were rated very highly, Burkey Belser, the professional services firm branding and marketing wizard from Washington, DC, was again a particular stand-out. In addition, Jeff Bleich, the current president of the California Bar received a standing ovation for his passionate and thought-provoking address to the crowd.
extremely popular. The Honourable Wally Oppal was the featured speaker during the Saturday night dinner and was his usual entertaining self – and the formal program was topped off on Saturday night with a short trolley bus ride to Beach Blanket Babylon, a long-running theatrical comedy and musical revue that was quite simply, a blast.
Of course, it also didn’t hurt that the Conference was in the heart of the Union Square area of San Francisco – right in the middle of all of the best shopping, restaurants and nightlife that the city has to offer – and it is quite a city. While I didn’t leave my heart there, I can see how such things would be possible. Just ask Carla Courtenay, who (after a 17 year courtship) got engaged and married in San Francisco during the Conference. She is now back in Vancouver and brought her heart (husband) back with her.
“I am pleased to report that 95 per cent of the respondents to our post-Conference survey rated the 2nd Annual Conference “Very Good” or “Excellent,” and 99 per cent of the respondents asked us to hold another one next year.”
Everyone also seemed to enjoy the social aspects of the Conference a great deal. Attendees had a chance to meet and mingle with each other and with speakers and sponsors at a variety of events. The Napa Valley Wine Tasting, sponsored by the Frank Family vineyards, was not only informative, but
I am pleased to report that 95 per cent of the respondents to our post-Conference survey rated the 2nd Annual Conference “Very Good” or “Excellent,” and 99 per cent of the respondents asked us to hold another one next year. We also asked where we should hold the 3rd Annual Conference, and a majority chose San Diego, California – so mark your calendars and start budgeting now. The 3rd Annual CBABC Conference will be November 20th to 22nd, 2008 in San Diego, California. I look forward to seeing you there! BT
Law Week 2008
Access to Justice: Breaking Down Barriers
This year’s Law Week theme is “Access to Justice: Breaking Down Barriers.” Law Week 2008 is April 14th to 20th and the following are some of the exciting events planned across the province.
open houses – Province wide
april 14th to 20th
Open House events will be held in Fort St. John, Kamloops, Kelowna, Nanaimo, New Westminster, Port Coquitlam, Vancouver, and Victoria throughout Law Week with a variety of events being planned including mock trials, free law classes, question and answer sessions, citizenship ceremonies, court house tours, displays, exhibits from justice and legal organizations including interactive exhibits. In Vancouver a public forum with senior justice representatives will be moderated by CBC’s Ian Hanomansing.
Fun run – locarno Beach, vancouver – sunday, april 6th
Bring your family and come out and join us for the 5th annual CBABC Law Week 5km Run/Walk (http://www.cba.org/bc/pdf/law_week/fun_run_ 2008.pdf).
LAW WEEK
saturday, april 19th
25thAnniversary
This year we will be celebrating the 25th anniversary on Dial-A-Lawyer Day. Lawyers will be available toll free to provide free legal advice over the phone to members of the public across the province.
student mentor Program –lower mainland – april 2008
Students will be matched to spend a half-day with lawyers in their place of work, and lawyers will be paired with schools to attend a high school class.
student contests – april 2008
High school students from across the province will be participating in the Barry Sullivan Law Cup Public Speaking Contest and an Essay Contest. The Finalist round of the Barry Sullivan Law Cup will be held at the Vancouver Art Gallery Heritage Courtrooms on April 17th, and the finalist judges will include Chief Justice Finch, Chief Justice Brenner and Chief Judge Stansfield. BT
DIAL-A-LAW
marina l. Sedai of mcCrea & Associates giving free legal advice over the phone.
25 Years of Dial-A-Law: Power to the People
A DAY IN THE LIFE OF DIAL-A-LAW
Mr. Smith returns from a business trip to find he is locked out of his apartment – an eviction notice stuck to his door. He panics, needing help, but does not know what to do or where to turn. Suddenly, he remembers Dial-A-Law (DAL), which a friend had recently raved about. He quickly fires up his laptop at the neighbourhood coffee shop, goes to the DAL website, and gets basic legal information on tenancy. His panic subsides as he formulates a plan to call the Lawyer Referral Service for the names of lawyers who specialize in tenancy law. Another hour, another legal crisis resolved – Dial-A-Law’s reputation continues to grow.
WHAT IS DIAL-A-LAW?
A free service offering practical legal information to the public – by phone and website – on more than 130 topics. It gives the real story, not the Law-and-Order version. Operated by the B.C. Branch of the Canadian Bar Association and funded by the Law Foundation of B.C., DAL is unique in Canada. It explains the law in clear language, taking it from the ivory tower to the man and woman on the street. If knowledge is power, DAL has empowered a generation to better understand the law, the legal system, and their rights and responsibilities. It’s available in Chinese and Punjabi, in addition to English.
Demystifying the Law for the Public
“When I was working on updating some Dial-ALaw scripts in my practice area, I found that the process of writing for the lay person really made me take stock of what a person with a legal problem is looking for when it comes to advice. I know that my own understanding of my practice area, criminal law, has changed for the better through the volunteer work that I did on DAL scripts. The Dial-A-Law scripts are very powerful tools for the lay person because they distil to the essentials basic legal problems. Each DAL script, really a pamphlet, demystifies the law for the public. I feel that we are providing something that enhances the profile of lawyers and puts a worried person with a legal problem in a much more knowledgeable position.”
Timothy D. Klaassen, volunteer lawyer for DAL and Chair of CBABC Dial-A-Law Advisory Committee.
AMAzING GROWTH
In the past 16 years, DAL grew from 63,000 phone calls to more than 400,000 phone calls and website visits. DAL started as a manual phone program. Today it is automated by phone and available online by punching in a script number and hearing a recording of the script. The website was launched in October 2000 and is now so heavily used; the program could be called Click-ALaw. Last year, DAL had 23,000 phone calls and 386,000 website visits (up from 6000 website visits six years ago).
BEST SELLERS
Some of the most popular DAL topics over the past 10 years:
• Family law (separation, divorce, custody and access, child and spousal support)
• Employment law
• Drinking and driving law
• Criminal-law penalties.
TOPICS COVERED
DAL covers 13 broad categories: family law; small claims court; wills and estates; automobiles; youth and the law; criminal law; housing; employment and social benefits; credit, debt and consumer; commercial law; your rights; health law; lawyers’ legal services, and courts.
COMMON QUESTIONS
DAL answers many common questions, such as:
• Can they fire me because I got sick?
• Can I do anything about my neighbour’s noisy dog?
• What are my rights if my spouse leaves and takes the kids?
• What happens if I can’t pay my credit card bill?
• Can my landlord evict me?
• Should I buy a used car from someone selling a bunch of them from his backyard?
Guideposts for People with Legal Problems
“I am amazed when I see the dramatic shift from phone to web use of the simple explanations of legal concepts that make up the DAL scripts. The number of people connecting with the program via the web is astounding. I had no idea that so many people with legal problems were looking for some basic guideposts to help them on their
way. It is particularly gratifying knowing that every DAL script gets across – to anyone who reads it – why people with a legal problem need to contact a lawyer for help. I expect that the profile of lawyers has been enhanced through this groundswell of interest in DAL.”
Timothy D. Klaassen
DAL AS A STARTING POINT
In addition to giving basic legal information, DAL directs users to many other places for help, such as the B.C. Legal Services Society, the Law Courts Education Society and various government agencies and self-regulatory organizations. Most scripts have several links and references to more information. With regular updates, scripts remain current and accurate. But DAL doesn’t try to explain everything to everyone. It does not give legal advice; instead, scripts recommend that users contact a lawyer if they have a legal problem or need legal advice.
WHO DOES WHAT IN DAL?
• Lawyers – about 240 lawyers have volunteered for the program and provide the legal content.
• Writers – Janice Mucalov and John Blois, both legal writers, flesh out the content and ensure the scripts are clear, consistent and concise. They translate any lurking legalese to clear language the public can understand.
• Announcer – Elaine Scollan, news and traffic announcer at radio stations JRFM 93.7and 600 AM, smoothly records the scripts for the audio part of the program, ably assisted by production technician Robin Hagenbuck of CFUN 1410 AM.
to lawyers registered with this service. Annie also codes scripts for the website and provides translation for Chinese scripts. Patricia Jordan, Web Manager, publishes the scripts on the CBABC website. Christine Zhang and Hannah Brinkerhoff, Lawyer Referral Service operators, provide referrals to the public, send brochures to various organizations in B.C. to promote the service, and track and report statistics.
THE FUTURE
If DAL’s rapid growth continues, and it educates everyone about the law, lawyers may volunteer themselves out of business. Of course, that will never happen. DAL educates the public with legal information. But lawyers will always be needed to give legal advice on specific situations, just as surgeons will always be needed to do the actual surgery. A well-informed public means that lawyers can provide better service to clients. And clients can better understand and appreciate the value and service their lawyers provide.
For the next 25 years, DAL will inform the next generation of B.C. residents and improve the legal community. It will help ensure that people actually understand the laws that govern them and know when they need a lawyer.
• Staff – Lorna O’Grady manages DAL and Lawyer Referral Service, supervising a staff of three people who make the whole program actually work. Annie Chen, Lawyer Referral Service Operator, provides the public with referrals
HOW TO ACCESS DIAL-A-LAW
Visit Dial-A-Law online at www.dialalaw.org or by phone at 604-687-4680 (in the Lower Mainland) or 1-800-565-5297 (elsewhere in B.C.).
HOW TO GET INVOLVED IN DIAL-A-LAW
Lawyers volunteer their service to update Dial-A-Law scripts. Lawyers who register for the Lawyer Referral Service indicate on the registration form if they also want to participate in DAL. To get a registration form, go to www.cba.org/bc/Initiatives/ main/lawyer_referral.aspx or call Lorna O’Grady at 604-646-7858. BT
Annie Chen, Christine Zhang, Hannah Brinkerhoff, and Lorna O’Grady
elaine Scollan and robin Hagenbuck
Third Annual Victoria Battle of the Bar Bands
In response to demands that have swamped the operators, the Third Annual Victoria Battle of the Bar Bands will take place on March 5, 2008 beginning at 8:00 p.m. at the Element Nightclub (formerly Legends). This is a call for applications from bands on Vancouver Island to participate in this year’s event. The total number of spots will be determined when all applications are received and vetted by the rock-savvy organizing committee. To date, four applications have been received, all from bands that have participated in the past.
The deadline for applications is February 15, 2008, and should be submitted to Eugene Raponi at Waddell Raponi, 1002 Wharf Street, Victoria, B.C., V8W 1T4, eraponi@waddellraponi.com. The application should include a maximum half-page bio of the band, identify which members are lawyers and attach a photo of the band if available. All bands must have at least two lawyers. Successful applicants will be required to submit a set list, agree to a fixed time limit for their set, and must make best efforts to sell tickets. These issues will be dealt with closer to March 5, 2008.
The Victoria Battle of the Bar Bands exists to raise funds for the Canadian Bar Association (BC) Benevolent Society, and is co-sponsored by the CBABC and the Victoria Bar Association.
cBaBc’s santa’s Breakfast
on a brisk Sunday morning in early December, the Canadian bar Association b.C. branch, in partnership with the law Courts Inn, hosted the 1st annual “Brunch With Santa.” Diverse members of B.C.’s legal community, along with their young families came to the vancouver law Courts to meet with Santa and to raise money for The Province’s empty Stocking Fund. Since 1918, the fund has given hundreds of thousands of disadvantaged children a cause to celebrate, distributing money to organizations such as designated Christmas bureaus, Salvation Army units, and other worthwhile charitable organizations throughout b.C. The “Brunch With Santa” was a great success and is sure to become a CbAbC seasonal tradition.
Yale
County Bench and Bar
Dinner Held on Nov. 1, 2007
A good time was had by all, perhaps more by some than others! Thanks to CbAbC for its help in promoting the event and for CbAbC President, Ken Walton, for attending all the way from vancouver Island. Provincial Court Chief Judge Stansfield also travelled from vancouver for the event.
Alan ross, of Alexander Holburn beaudin & lang llP, presenting cheques to marilyn Chepil of The Province’s empty Stocking Fund.
Top photo: The Guys. right photo: Hon. Judge Al betton with Ana bonbon.
uBc’s law students’ Legal Advice Program (LSLAP) Celebrated its 40th Anniversary
lSlAP was founded in 1967 by law students at ubC. Currently, lSlAP sees more than 4,000 lowincome clients a year, and offers legal advice and representation. lSlAP has also reintroduced Family law services to its clients. lSlAP continues to offer students an opportunity to practise law while still in school.
From left to right: Joni Worton (lSlAP Family law Supervising lawyer), Dean mary Anne bobinski (Dean of ubC law), nicholas Tsoi (law Student and executive Director of lSlAP), mike Harcourt (former b.C. Premier and lSlAP Founding member), Warren Wilson, QC (Chair of the law Foundation of british Columbia), brian Higgins (lSlAP Supervising lawyer), and matthew Debock (lSlAP Director of Public relations).
CBABC Goyer Award Winner
lawyer Jack Giles, QC, received one of the Canadian bar Association b.C. Branch’s highest honours, the Georges A. Goyer, QC, Memorial Award at the 2007 bench and bar Dinner at the Four Seasons Hotel in vancouver on november 14, 2007.
mr. Giles, of the vancouver firm Farris, vaughan, Wills & murphy llP, was nominated for this honour by numerous distinguished judges and lawyers who applauded “the excellence of his briefs and his absolute honesty and integrity in all respects.” They acknowledged his contributions to legal education in british Columbia and beyond, and his unflagging support for the highest professional and ethical standards. In addition to recognizing the extent of his contributions, Mr. Giles’s nominators specifically noted his extensive efforts to maintain the independence of the bar.
CBABC President F. Kenneth Walton, who chaired the Selection Committee said, “One of Mr. Giles’ most satisfying achievements was his work in obtaining an injunction against the operation of federal money laundering legislation which, as a by-product, required lawyers to breach solicitor/client confidentiality including reporting on a client’s activities. Such legislation, had it been allowed to remain, would have had serious negative consequences to the independence of the bar. This work alone should be greatly applauded by members of our profession and by the public.”
Branch and Bar Calendar (see cba.org/bc for details)
February – march 2008
February 13
February 15
February 21-24
March 13
Women Lawyers Forum Signature Event Luncheon featuring Maureen McTeer (The Four Seasons Hotel)
From left to right: Jack Giles, QC receives CbAbC Goyer Award from CbAbC President F. Kenneth Walton.
For information on the highlighted member Services suppliers and several we have not mentioned, check out the CbAbC website under the “Member Savings” section in “Membership” for information on suppliers, contact numbers, and order forms. Alternatively, you can e-mail members@bccba.org and request information or call the CbAbC office for assistance.
Alpine Resorts
Ski/Snowboard, Cross Country, and Snow Tubing Passes. Get yours now, these sell out fast!
CYPRESS MOUNTAIN
This is the first year the CbAbC is offering discounted tickets for this favourite vancouver local snow sport destination. In addition to Downhill Skiing and Snowboarding, Cypress also offers Cross Country Skiing, Snowshoeing, and Snow Tubing Something for everyone and fun for the whole family. Similar discounts are not available at any retail outlets or publicly accessible mediums.
Bugatti Cases
Emergency Preparedness Kits
Are you prepared for a disaster? At the office? At home? In your car?
Seismic experts say a major earthquake will happen in b.C. We cannot prevent an earthquake, however, we can prepare for it.
The Canadian bar Association has an opportunity for you to protect yourselves and loved ones. Purchase disaster kits for the home, car, and office at wholesale prices. Kits will be on sale until February 29, 2008. For an order form visit the CbAbC website or e-mail members@bccba.org
CBIA and CBAF
The Canadian bar Insurance Association (CbIA) makes it simple to protect yourself and your loved ones by providing all of your financial protection needs in one place.
Whether it’s your life or your car that needs to be insured, CBIA’s insurers can provide you with low-cost, comprehensive solutions designed for the unique needs of the legal profession. CBIA’s full range of benefits include: life insurance; critical illness insurance; disability income protection; office overhead protection; law firm employee benefits; home and auto insurance; travel insurance; and more.
Check out some new additions to our line which include the International 1 which is made out of ballistic nylon, and has a telescopic handle and in-line wheels. bugatti bags make great gifts. When you see them you’ll wonder why you don’t have one yourself.
YWCA of Vancouver
Is getting in shape on your mind this time of year? CbAbC members receive a $7 discount on monthly dues. To have the $75 joiner fee waived please contact the CbAbC at members@bccba.org for more info.
CBIA’s sister company, CBA Financial (CBAF) makes it easy for you to plan, track and manage your retirement savings, when it’s convenient for you, by providing 24-hour online and telephone access to your savings. CBAF’s well-known and respected fund managers have been carefully selected for their long-term stability and overall investment returns. And, when you open a CbAF rrSP account, you immediately benefit from CBAF’s group buying power through significantly reduced Investment management Fees.
visit us at www.barinsurance.com or www.barfinancial.com or contact your local Authorized representative to learn more.
Bar Moves
Have you recently changed firms or opened a new firm? Send submissions (maximum 25 words) to bar moves at cba@bccba.org.
Davis LLP is pleased to announce that SIMON WELLS has re-located to Penticton. Mr. Wells is a partner with the firm and provides specialized legal services to a broad base of provincial and national clients with a primary focus on land based issues, including environmental, municipal, aboriginal, forestry, and real property matters, as well as related commercial litigation and dispute resolution.
EDWIN GRANT MARK has moved from McQuarrie Hunter in New Westminster and Surrey, and is now practising as a sole practitioner, doing contract work for Stevens & Company in Qualicum Beach.
GERRY SAIR left Kahn Zack Ehrlich Lithwick on December 31, 2007 and joined the Economic Crime Group of the Public Prosecution Service of Canada in Vancouver.
charlEs d. Jago has joined the firm of Greiner, Bethell & Company in Burnaby as Associate Counsel, where he will practise in the areas of personal injury and commercial litigation, and dispute resolution.
KATHRYN DEO, formerly of Woodward & Company, has joined Jeanie Lanine at Cedar Law. Cedar Law provides legal services to First Nations and Aboriginal organizations.
JEnniFEr macgrEgor-grEEr, formerly of Stikeman Elliott LLP in Vancouver, has joined Freshfields Bruckhaus Deringer in London, UK, where she is a corporate associate in the Private Equity and Private M&A team.
KIMBERLEY D.B. NORRIS, formerly a solicitor for the Public Guardian & Trustee of British Columbia, recently joined the Criminal Justice Branch in Victoria as Crown Counsel.
DEVON C. WINDSOR has joined Jones Emery Hargreaves Swan in Victoria to continue her practice in the areas of civil litigation and insurance litigation.
RYAN GALLAGHER joined Forrest C. Hume Law Corporation in November 2007 as an associate, where he will practise federal transportation law.
rina maharaJ has joined Bull, Housser & Tupper LLP as an associate with the Corporate Finance and Banking Group. Rina articled with BH&T and was called to the B.C. Bar in September 2007. She was previously a partner with Walker Kontos Advocates, a leading law firm in Nairobi, Kenya, where she practised primarily in the areas of commercial and business law, banking and finance law, and conveyancing.
LANCE BREDESON has joined Bull, Housser & Tupper LLP as an associate with the Business Law Group. He articled at Farris LLP and then joined Baker Newby LLP where he was involved in corporate and commercial transactions. Lance was called to the B.C. Bar in 2004. He recently completed a Masters of Laws at the University of Toronto with a focus on securities and corporate law.
Let Us Know What You Think
barTalk is published six times per year, and sent to the entire legal profession in b.C. With so much information available in print and online, we want to be sure that we continue to keep barTalk relevant. Is there a topic you think we should cover? Do you want to submit an idea or article? let us know! e-mail bartalk@bccba.org. ? ? ? ? ?
Simon Wells
rina maharaj
lance bredeson
CLEBC Update
UPCOMING PUBLICATIONS: NEW STRATA
PROPERTY PRACTICE MANUAL AND ONLINE
LAND TITLE PRACTICE MANUAL
With the province undergoing an unprecedented level of strata construction and conversions, ClebC will soon be publishing the british Columbia Strata Property Practice manual to replace the popular but outdated Condominium law & Practice in british Columbia. Print and online versions are expected to appear in the spring of 2008 and should prove essential for lawyers acting for municipalities, developers, strata corporations, and owners. The new practice manual will include material on strata plans and lots, phasing, common property, governance, insurance, finances, bylaws and rules, dispute resolution, rentals, human rights, privacy, and the duty to repair and maintain.
The third edition of the land Title Practice manual appeared in December and introduces an accompanying online version for a single subscription price. This edition has been reorganized to reflect legislative changes, and introduces an improved format and Section locators to ease cross-referencing. The online version, launching in early 2008, will allow keyword searches and provides other electronic aids to access information. It will also be fully linked to provide immediate access to legislation, rules, practice bulletins, and judgments discussed in the practice manual.
Further information on these publications is available from Cle customer service at 604-893-2121 or toll-free in Canada at 1-800-663-0437.
NEW MEMBERS
The CBABC Branch welcomes its newest members! The following new members joined in the months of November and December of 2007:
Regular Members
RYAN DANIEL GARRETT Davis LLP
Vancouver
DAVID GEDGE Lawson Lundell LLP
Vancouver
WIETzIE L. GERBER B.C. Securities Commission
Vancouver
R. BRAD KIELMANN Clark Wilson LLP
Vancouver
THE HON. PAUL R. MEYERS
Provincial Court B.C. – Family, Youth, Small Claims & Traffic
Vancouver
NIAMH POLLAK Clark Wilson LLP
Vancouver
Scholars
GULBAHAR KANG
Specht & Pryer
Articling Students
FRITz GAERDES
Alexander Holburn Beaudin & Lang LLP
Vancouver
ANTHONY GELUCH Davis LLP
Vancouver
MEGAN KANEEN Lawson Lundell LLP
Vancouver
CRISTIANO PAPILE Fraser Milner Casgrain LLP
Vancouver
MICHAEL PERAYA
Singleton Urquhart LLP
Vancouver
SALIMA SAMNANI Lawson Lundell LLP
Vancouver
KARIN STREDULINSKY Lawson Lundell LLP
Vancouver
DYLAN SWITzER Kelowna
MORGAN TROKE
McCarthy Tétrault LLP
Vancouver
MELANIE VIPOND Davis LLP
Vancouver
KAAREN VLUG
McCarthy Tétrault LLP
Vancouver
CHRISTOPHER YEP Davis LLP
Vancouver
Law Students
LADAN ASSEMI West Vancouver
michEllE JanicE Bain
Victoria
JEnniFEr craig
Burnaby
BERNARD LAU
Vancouver
CORAL LYSTER
Vancouver
CHRISTIAN PEARCE
Vancouver
UBC Faculty of Law Helps New Lawyers Enter Workforce
The UBC’s Faculty of Law recently held a career seminar entitled “Does the firm choose you or do you choose the firm?” In preparation for “interview week,” UBC invited Gary mitchell of Gem Communications to give students an overview of how to best approach the interview process and ensure they begin their law careers at a firm that is best-suited to them.
A second seminar will be held this spring on “Your Law Career as a business; helping students and new lawyers preparing themselves for the business of law.”
The Board of Governors of the Law Foundation of B.C. met on December 1, 2007 and approved funding for a number of continuing programs and projects.
ChairDevDley,QCispleasedto announce that funding totalling $3,252,223 was approved for the following20projects:
Funding totalling $2,962,223 was approved for the following 17 new one-timeprojectgrants:
$500,000
INTERNATIONAL CENTRE FOR CRIMINAL LAW REFORM AND criminal JusticE Policy
Criminal Justice Reform Project
$480,000
PLANNED LIFETIME ADVOCACY NETWORK
Safe and Secure: Optimizing the Impact of the Registered Disability Savings Plan Project
$325,000
UNIVERSITY OF BRITISH COLUMBIA, FACULTY OF LAW
Summer Work Placements
$300,000
B.c social studiEs tEachErs’ ASSOCIATION
The Law Project
$300,000
BATTERED WOMEN SUPPORT SERVICES
Engaging Immigrant Women in the Legal System –Education, Research, Resource, and Reform Project
$162,500
UNIVERSITY OF VICTORIA, FACULTY OF LAW
Co-op/Summer Placement Students
$150,000
B.C. COALITION TO ELIMINATE ABUSE OF SENIORS
Older Adults Law Clinic Pilot Project
$150,000
PEnticton and arEa womEn’s CENTRE
Legal Advocacy Project
$150,000
WEST COAST ENVIRONMENTAL LAW
Environmental Dispute Resolution Fund
$94,400
LAW COURTS EDUCATION SOCIETY
Small Claims Court Pilot Program Educational Resources Project
$71,500
B.C. FREEDOM OF INFORMATION
Personal Privacy Project
$60,000
COMMUNITY LEGAL ASSISTANCE SOCIETY
Public Interest Articling Fellowship
$60,000
TERRACE ANTI-POVERTY GROUP
SOCIETY
Residential Tenancy Advocacy Project
$60,000
UNIVERSITY OF VICTORIA, THE LAW CENTRE
Public Interest Articling Fellowship
$54,933
LAW COURTS EDUCATION SOCIETY AND LAW SOCIETY
Judicial Independence and Independence of Lawyers
Secondary School Teaching Module Project
$32,390
downtown EastsidE rEsidEnts’ ASSOCIATION
Capital/Infrastructure Development
$11,500
KETTLE FRIENDSHIP SOCIETY
Capital/Infrastructure Development
Funding totalling $290,000 was approved for the following three ChildWelfareFundProjects:
$120,000
ISLAND MéTIS FAMILY AND COMMUNITY SERVICES SOCIETY
ADR Model for Métis and Urban Aboriginal Families Project
$100,000
HAIDA CHILD AND FAMILY SERVICES SOCIETY
Family Group Conference Project
$70,000
OKANAGAN NATION ALLIANCE
Okanagan Nation Mobile-Outreach Family Group Conferencing Project – Year 3
For full details of the programs and projects that received funding, please visit The Law Foundation of British Columbia’s website at www.lawfoundationbc.org.
The board of Governors is pleased to announce that Dev Dley, QC, of Kamloops has been elected as Chair of the law Foundation beginning January 1, 2008. mr. Dley succeeds Warren Wilson, QC of vancouver who has been Chair of the law Foundation since 2006, and who will remain on the law Foundation board as Chair emeritus.
mr. Dley received his llb from the university of victoria in 1978, was called to the Bar in 1979, and appointed Queen’s Counsel in 2005. Mr. Dley has his own law firm in Kamloops, where he carries on a litigation practice. Previously, he was the Commissioner and General Counsel for the Western Hockey League (1996–2000). Mr. Dley’s community work includes serving on the Boards of several charity fund raising golf tournaments and the bCAA Traffic Safety Foundation. He has also served as a Trustee of the board of School Trustees in lake Cowichan and as a Governor at malaspina College in nanaimo.
He has been a Governor of the Foundation since 2002 and has served on the Policy and Planning (as Chair), Finance and Administration, new Grants and bursary, and Scholarship and Fellowship committees.
The Law Foundation of British Columbia is a non-profit Foundation which receives the interest on lawyers’ pooled trust accounts, and distributes it by means of grants for legal education, legal research, legal aid, law reform, and law libraries in the province.
Dev DleY, QC
POSITIONS AVAILABLE
The Firm has openings for a research lawyer and one to two junior barristers to join our busy practice. Applicants for the research position should have exceptional academic records, creative analytical skills and a broad interest in both public and private law. The junior barristers should be in their first three years of practice, have an excellent academic background and preferably have some experience in civil litigation. We welcome applications from lawyers wishing to work in a stimulating and high-end litigation practice. Interested lawyers should send their c.v. and transcript of their grades to K. Michael Stephens, at Suite 2100-1040 West Georgia Street, Vancouver, B.C., V6E 4H1
EWAN & MCKENzIE, GOLDEN: ASSOCIATE
Interested in a legal career in a relaxed setting in
the Rocky Mountains? Ewan & McKenzie of Golden B.C. are looking for an associate with early partnership prospects for our general practice. Your clients will look to you for advice and representation in family matters, as well as general solicitors practise and some criminal law. Contact Glen Ewan, QC, at glenewan@emlaw. ca or call 250-344-5258.
S ERVICES
INTELLECTUAL PROPERTY: Let us assist you in providing protection for your clients. Douglas B. Thompson Law Corporation –Registered Patent Agent, Registered Trade Mark Agent. Practice restricted to Intellectual Property, Victoria, B.C. (www.BCpatents.ca) E-mail: doug@BCpatents.ca.
ELDERCARE ASSESSMENT, CONSULTING, CARE MANAGEMENT, SEMINARS Diamond Geriatrics, Inc. www.diamondgeriatrics.com. 604-874-7764.
257 Determinations, Opinions and
24-H OUR S ERVICE ON Q UALITY TRANSLATIONS Certified Legal Translators. 100+ Languages. Legal Documents. Court Interpreters. 1-800-736-7764.
SPACE AVAILABLE
Lawyer to share space, newly decorated, False Creek area, private office, boardroom, reception, storage; phone 604-739-7002, Ext. 224 (admin).
CLASSIFIED and DISPLAY
Next deadline: march 7
INSERT (all of B.C.)
Next deadline: march 13
Next mailing: April 7
Direct BarTalk advertising inquiries to: Jesse Tarbotton barTalk Senior editor Tel: 604-646-7856 or 1-888-687-3404 e-mail: jtarbotton@bccba.org
