Issuu

FEBRUARY 2005

VOLUME 17, NUMBER 1

Self-Regulation Has a Price Public and profession both need strong champions e live in a world where the right to professional self-regulation is put to the test every day; that right can be taken away if there is any question of conflict between the separate roles of public interest protector and advocate for the profession. This past December, Sir David Clementi released his much anticipated final report, heralding major reforms to the regulation and discipline of lawyers in the UK. Among the most significant recommendations were the creation of a new Office for Legal Complaints- an independent body to handle all consumer complaints about providers of legal services - and a Legal Services Board to oversee the workings of the Law Society of England and Wales and the Bar Council as regulators of solicitors and barristers, respectively. He also recommended both regulatory bodies separate out their regulatory and representative functions, to avoid the appearance of conflict in promoting lawyer interests while also being responsible for protecting the public interest. (www.legal-services-review.org. uk) Australia has also experienced government intervention in the regulation of lawyers in three states, resulting in removal of some regulatory functions and all complaints handling to separate bodies. In Tasmania, self-regulation was removed entirely. Closer to home, in June 2004, the Supreme Court of Canada dismissed an appeal which sought to uphold the Barreau du Quebec's immunity from civil

liability in relation to a specific disciplinary case. The Court found that while it was clearly an exceptional case, the actions of the Barreau were "not up to the standards imposed by its fundamental mandate, which is to protect the public." (Finney v. Barreau du Quebec) Where there is any question about in whose interest a regulator acts, there is a risk to an entire profession. The key is to ensure there is no perceived conflict between the roles of public protector and advocate for the profession. To ensure the right to self-regulation requires a strong law society seen by the public as acting openly and fairly as a protector of the public interest, and a strong bar association advocating on behalf of the interests of lawyers. "That separation has existed in Canada for decades," said Law Society President Ralston Alexander, QC. The Law Society of B.C. is proud of its record of timeliness in managing complaints and in the degree of public access it provides to citation information, hearings and panel reports. The Canadian Bar Association is proud of its strong presence both provincially and federa lly, advocating the interests of lawyers to government, law societies, and in the courts. What is needed to ensure this role continues, however, is the support of the profession. In the words of CBABC President Michael Woodward, "The CBA is only as strong as the number of lawyers who choose to support us." Join the CBA online at www.cba.org/bc. BT

The

canadian Bar Association British Columbia

www.cba.org/bc

~TAI.K UP FRONT

4 5

From the President

National News

Section News

Section Talk

Executive Director

by Shelley Bentley

As we enter a new year, we' re focused on w hat's new and , on the f1i ps ide, w h at's in our history. Accordingly, we have a Q & A with the new Women L awye rs Fo rum C hair and we introduce our redesign ed website, as well as a new Member Service. We also have updates on continuing efforts such as the CBA's work to have the Social Services Tax removed and legal aid funding restored.

On the Web by Patricia Jordan

Women Lawyers Forum Q

A with the new C hair

The Social Services Tax Is Wrong by Marguerite (Meg) Shaw

Nothing Official by Ton y Wilson

VOLU ME 17, NUMBER 1

FEATURED THIS ISSUE

Practice Talk by D avid f. BilinskY

FEBRUARY 2005

It's Time to Restore Legal Aid Funding A report fr om the L egal Aid Committee by W L aurence Scott

LEGISLAT IVE UPDATE GUEST CONTRIBUTORS

Acts In Force Legislative Update is available to CBA members at www.cba.org/bc.

Waiting for a Good Reception by Susan Van Dyke

IN THE BACK

20 24

Events

25 26

Member Services

Bar Moves

Win Lawyer Show Tickets! The Prize: 2 ticke ts to the Saturday, March 12 showing of "" Murder on the Nile 路路 at the Stanley Theatre in Vancouver. See photo on page 20 .

Partners

The Co ntest: Guess the number of CBABC mem -

B.C. Courthouse Library Society Continuing Legal Education Society of B. C. L aw Courts Education Society of B.C.

guesses closest to the correct number wins . You

Classified Ads

bers as of March 1, 2005 . The CBA membe r who must be a CBA member on March 4, 2005 to be eligible to win th is contest. (Please allow up to 10 business days for pro cessing membersh ip fees .] E- mail your s ingle numbe r guess to cba @bcc ba.org by March 4, 2005 (con test closing date!.

BARTALK February 2005

CAROLINE NEVIN

Canadian Bar Association, B.C. Branch 1Ot h Floor, 845 Cambie Street Vancouver, B.C. V6B 5T3 Tel : 604-687-3404 Toll-free [in B.C.]: 1-888- 687-3404 BarTalk is published six times per year by the Canadian Bar Association , British Columbia Bran ch. BarTalk Senior Editor Caroline Nevin 604-687-3404, ext . 320 cnevin @bccba.org BarTalk Editor Sandra Webb 604-646-7856 slgwebb @bccba .org Editorial Board Chair David Dundee ddundee@kamloopslaw.com Editorial Board Members Kenneth Armstrong Johanne Blenkin Anna Feglerska

LETTERS TO THE EDITOR

THE CBA, BC BRANCH MEMBERSHIP Send your LETTERS TO THE EDITOR to : SHUFFLE Caroline Nevin, BarTalk Senior Editor I 路 just read in Bar Talk Canadian Bar Association, B.C. Branch that (1) the Law Society Fax: 604-669-9601 Toll-free fax: 1-877-669-9601 has indicated it will recc E-mail: cnevin@bccba .org ognize participating iri. CBA, B.C . Branch Sections (receiving and . reading the material non-spe~ifically) toward lawyer continuing legal education and (2) the CBA, B.C. Branch will not allow non-members to participate in the Sections after January 2005. Nice squeeze play! . Did some serious dialogue occur that was aimed at overcoming the vote for voluntary CBA membership? I thought Section membership was pay as you go, not a funded "perk" paid for by the CBA? Is the CBA prepared to deprive the 75 per cent B.C. lawyers who either didn't vote in the referendum or who voted against compulsory membership, of the collegiality and information provided by Section membership? Parochial indeed. Perhaps the concepts need a little work. -fames Garrett-Rempel

Sarah Klinger Susan MacFarlane Christine Mingie Gurminder Sandhu Veronica Singer Dierk Ullrich 漏 Copyright the British Columbia Branch of the Canadian Bar Association 2005.

[Editorial Board Note: The referendum gave us all a choice, not a fee reduction. Continuing legal education is not a choice, only the manner in which we choose to pursue it. When you consider the cost of CBA membership against even one CLE or TLA course per year, CBA and Section enrolments are a bargain. For more, see page 5. -David Dundee, Bar Talk Editorial Board Chair]

This publication is intended for information purposes only and the information herein should not be applied to specific fact circumstances without the advice of legal counsel. The Canadian Bar Association, British Columbia Branch represents more than 4,000 members within British Columbia and is dedicated to improving and promoting access to justice, reviewing legislation, initiating law reform measures and advancing and improving the administration of justice. BarTalk Publication Sales Agreement

HAPPY WHATEVER (VOL. 16, N0.6) Tony, thank you for saying publicly what so many of us would like to say but don't have the intestinal fortitude to do so - and for getting themessage across so effectively with humour and absurd but true examples! Merry Christmas! -Gordon Mamen Chelsea, QC (formerly ofCranbroofv B.C.)

FROM THE PRESIDENT (VOL. 16, NO. 6) Regarding "From the President" m the December 2004 BarTalk ...all vignettes are, by definition, small! -Richard P. Harnetty

#40741008

n~-~ii The

Canadian Bar Association British Columbia

February 2005

BARTALK

FROM THE PRESIDENT

MICHAEL C. WOODWARD

Going Forward

The Law Society's announcearly returns, with renewal ment of the resignation of memberships still coming Executive Director James Matkin, in at a healthy rate, indiQC, and of the $290,000 severance cate the election by payment included the comment approximately 45 per cent of the "As a result of Mr. Matkin's resigpractising bar to continue CBA nation, it is no longer necessary for membership. Two obv ious concluthe Executive Committee to carry sions can be drawn at this point. out an investigation." That is obviFirstly, in contrast with the 55 year ously true, but, equally this repreuniversality system, these can be sents the loss of an important expected to be stronger and more Michael C. Woodward opportunity for the Benchers to committed members than was the President 2004/2005 articulate, for the profession genB.C. Branch case previously. As an organizaerally and for the previous and Canadian Bar Association tion governed and controlled by next incumbent, the standards volunteers, these "voluntary " expected of the individual appointed to this key posimembers likely represent a new resource for the B.C. tion in the organization. Branch as it moves forward. The second conclusion I dare say it would have assisted all to know is that, as expected, and as budgeted for by our whether the Executive Director, given the leadership Provincial Council, the B.C. Branch will have fewer

financial resources, and will, on an ongoing basis, be assessing both its extensive range of programs and terms of access to those programs. As an organization governed and I look forward to working with the B.C Branch Executive Committee, controlled by volunteers, these Provincial Council, and senior staff in "voluntary" members likely represent making these necessary decisions, all with the view of keeping the CBABC vibrant a new resource for the B.C. Branch as and effective. Calls for nominations for it moves forward. elected members of Provincial Council are included with this issue of BarTalk. The deadline for submission of nominations is March 23, 2005. I encourage all members role inherent in this position, is expected to meet an of the profession who believe they could elevated ethical standard, and if so, what that stancontribute, to consider placing their names in nomidard entails and what behaviours that standard nation. It was most gratifying to see that last year, might prohibit. The settlement with Mr. Matkin contested elections occurred in seven of the eight means that, if the Benchers wish to articulate such counties from which Council members are elected . standards, some new avenue of expression will have to be found. BT 4

BARTALK February 2005

FRANK KRAEMER

EXECUTIVE DIRECTOR

Times Are Changing

member lawyers and firms will hy should I be a member of the Canadian pay for CBA services. Member Bar Association? firms are defined as firm s where What do I get for the 50 per cent or more of the lawyers are CBA members. Non-members money that I pay? In the post-universal memberwill also find that some services ship world, these are questions on are not available to them at all. the minds of many B.C. lawyers. For example, CBA members A number of recent publications and member firms can advertise have provided information about for free on the CBA website, the work of the CBA, both nationwhereas non-member lawyers and Frank Kraemer ally and provincially. Many of you firms are required to pay a fee and Executive Director will know that we operate 73 will be restricted to advertising B.C. Branch Sections and 31 national Sections that are available within their jobs Canadian Bar Assoc iation that provide inexpensive, readily firm. Section papers are available accessible practice information free of charge, but only online and and opportunities for networking with colleagues. only to members. Legislative Update, previously You are also undoubtedly aware of some recent sucavailable in BarTalk, is published online and only cesses the Branch has had in advocating legislative available to members. reform, including changes to the Real Estate Act, the The Lawyers Directory will continue to publish Business Corporations Act, the Personal Information contact information for all lawyers in B.C., regardProtection Act, and Limited Liability Partnerships in less of CBA membership. Members will have free the Partnership Act. On the national level, recent access to the complete, searchable listing of B.C. work on anti-terrorism legislation, Sarbanes Oxley lawyers online, and will be clea rly identified as CBA and of course the legal aid test case all rank high members in their online listing and in the print among the CBA's accomplishments. Directory. Members will receive one free Preferred But is that enough? Area of Practice listing in the print and online While we believe that many lawyers find real Directory, and be able to purchase additional listings value in the work of the CBA, we are determined to at $25 each; non-members will not have that option. reinforce that value for those who pay membership In addition, the cost of purchasing a Directory will be dues . Members and non-members will see greater approximately half-price for CBA members. differentiation in their ability to access services proWe have heard the message loud and clear that vided by the CBA, and in the costs of doing so. The the CBA must demonstrate value for the dues that basic principle is simple: those who pay fees provide lawyers pay, and we intend to deliver on that value. the resources for an infrastructure that allows for the If you haven't yet renewed, I encourage you to conprovision of services. Those services should be availsider the professional and economic benefits of doing able to members for free or at a reduced cost, or be so. You can renew online at www.cba.org/bc or by available exclusively to them. completing the form included with this issue of Generally speaking, members and "member BarTalk. BT firms" will pay approximately one-half of what non-

February 2005 BARTALK

NATIONAL NEWS

CBA President Meets Justice Minister Cotler When CBA President Susan McGrath met Justice Minister Irwin Cotler on January 21,2005 she brought a list of member concerns to the table, the most important being the need for consistent, Canada-wide funding and eligibility criteria for legal aid. The one-hour meeting also provided the CBA President with the opportunity to raise a number of other issues including the CBA's position on the appointment process to the Supreme Court of Canada and on federal judicial compensation, as well as the upcoming review of the anti-terrorism laws. Characterizing the discussions as open and frank, Susan McGrath said: "The message I bring back to our members is one of confidence that our concerns were heard and understood. The Minister welcomes our substantive and 'principled' approach to our submissions to the government. I particularly look forward to progress on the legal aid front." Specifically, the Minister agreed to raise the issue of increased civil legal aid funding at this week's talks with his provinciaVterritorial counterparts. He also remains committed to pursuing same-sex marriage legislation, and in the near future he will deliver his report to the Commons Justice Committee on the appointment process for Supreme Court judges. The meeting was the first of several the President will hold with the federal Justice Minister to ensure ongoing communication and dialogue.

Increase Savings With CBA Financial Services RRSPs The season of savings is upon us and CBA Financial Services (CBAF) is offering a member benefit that has the potential to increase your retirement savings. Through the purchasing power of the CBA, CBAF has negotiated no-load funds with investment fees that are lower than for many other investments. As well, investment selection is carefully screened and monitored . For more about CBA Financial RRSPs, visit www.barfinancial.com.

What Your Clients Really Think

Clients may tell others what they think of the legal services they receive, but they're often shy about telling their lawyers. CBA PracticeLink talked to several clients to find out the good, the bad and clients' advice on how you can improve your practice. Discover some common complaints and learn eight essential keys to client satisfaction. Other new items on PracticeLink (www.cba.org/ practicelink) are: • Coping with Stress and Avoiding Burnout: Techniques for Lawyers • Plain Language Legal Writing: Writing as a Process • Quick tips on marketing, financial management, client services and more.

Reduced Insurance Rates The CB IA continues to provide superior benefits to its members as a result of its not-for- profit status and favourable claims results . At the January 15, 2005 Board meeting, CBIA Directors approved of dramatically lower term life insurance rates . CBIA members will now enjoy the lowest rates on the market in all age categories. For more information about CBIA or CBAF products, call Eric Mass or David Hodgson at (toll free) 1-888-477-5630 and in Vancouver at 604-688-8790.

BARTALK February 2005

Call for Nominations for Standing Committees The CBA is currently seeking candidates for its National Standing Committees for 2005-2006. All CBA members are eligible to apply for positions on CBA committees. For information and an application form, please see the related insert in th is issue. The deadline for applicat ions is Friday, April 15, 2005 at noon .

SECTION NEWS

Sections Count for Professional Development The Law Society now requires lawyers to report annually on the ir profess ional development act ivities. Benchers recommend 12 hours of formal education and 50 hours of self-study. Attendance at Section meetings counts toward this requ irement, and review of Section minutes/materials is reportab le as self-study hours [as lo ng as it is not for the purpose of research for a fi le/easel. Reg istered Section members, who are also CBA members, can peruse or download any arc hived materials at www.cba.org/bc.

Victoria Section Puts on the Line

~~Santa"

Victoria young lawyers increased the magic factor this Christmas by establishing a "Santa Calling" program. Organized by members of the Young Lawyers-Victoria Section, interested parents and grandparents paid a minimum $5 donation to have a "Santa" from Eugene Raponi plays 路路santa :路 the Victoria Bar call the children and impersonate the jolly old elf himself. Waddell Raponi was very supportive of the service, with both John Waddell, QC and Eugene Raponi making Santa calls. "The child I spoke to was four and it was hard to understand what he was saying. He was very excited," said Eugene. After one call, John marveled, "I'm sure that kid believed I was Santa." Santa Calling donations benefited the Mustard Seed Food Bank, Vancouver Island's largest food bank. The Section hopes to build on the service's success and deliver Santa Calling to many more children in 2005, with increased donations to the Mustard Seed. If your Section would like to try "Santa Calling" for Christmas 2005, please contact Sarah Klinger at sklinger@waddellraponi.com (to properly advertise, planning should start by mid-November).

Section Members Win CLE Prizes The Continuing Legal Education Society of B.C. (CLE) offered CBABC members an extra incentive to join Sections this year. In addition to the educational and social benefits of Sections, members who registered for three or more Sections were eligible to win a CLE prize. The CBABC thanks CLE for donating these prizes! The winners' names were drawn from a pool of 1,174 eligible Section members. The four winners and their prizes were:

STUART J. LEIN won complimentary registration to a regular, one-day CLE course (approx. value $375); and DOMINIQUE ARIEA NOUVET of Cook Roberts won a

$300 gift certificate to be used toward any CLE product.

Help for Tsunami Victims MANJEET KAUR CHANA of the Legal Services Society-Vancouver won a $700 gift certificate to be used toward any CLE product; PATRICK JOHN FIELD of Shook, Wickham, Bishop Field won complimentary registration to a regular, one-day CLE course (approx. value $375); &

The CBA's national Immigration Law Section is offering to review immigration applications at no charge for Canadians and permanent residents in Ca nada who want to sponsor family members living in areas affected by the recent tsunami in the Indian Ocean. For details, please visit www.cba.org/cba/tsunami.

February 2005 BARTALK

SECTION TALK

SHELLEY BENTLEY

The CBABC sponso rs 73 Sections wh ich play a vital role in keeping members informed both on changes in the law, and legal and po litical 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 ma tters affecting the profession. What follows is a sample of the recent activit ies of some Sections.

has pos1t1ve implications for ADM INISTRATIVE LAWVICTORIA those who have purchased Dianne Flood, Executive Director homes before they are built. of the Administrative Justice 2. As of January 1, 2005, mortOffice discussed the implementagagees will have to provide tion of the Administrative Tribunals mortgage discharges within 30 Act and the role of the days of receiving payout proAdministrative Justice Office. ceeds. Their discharge fee is The Administrative Tribunals capped at $75. However, there Appointment and Administration is no penalty for failing to pro-, Act, S.B.C. 2003, c. 47 (the vide the discharge within 30 Shelley Bentley practises wills "ATAAA") reformed the process days . and estates law at Kerr for appointments to tribunals. 3. Lenders are beginning to Redekop Leinburd & Boswell in Among other things, it created a Vancouver. return to lawyers for doing refitransparent merit-based process nancing work rather than using for appointments, ensuring that all title insurance. With e-filing, appointments are for fixed terms and clearly set out lawyers are now able to provide better service. In the management role of tribunal chairs. The addition, with the Western Canada Protocol, lawyers ATAAA will be repealed, likely in the Fall of 2005, are making the transaction easier for all involved . when the Administrative Tribunals Act, S.B.C. 2004, c. CRIMINAL JUSTICE-VANCOUVER 45 (the "ATA") is brought into force by regulation. The Justice Review Task Force's Street Crime This Act is intended to achieve many of the objecWorking Group addressed Section members at a tives identified in the Administrative Justice Project's recent meeting. This group was formed to look into 2002 White Paper by codifying the common law and issues such as chronic re-offending, addiction, mental introducing consistent authorities and powers where disorders and urban Aboriginal issues. appropriate and after consideration of a tribunal's One of the major problems faced is the lack of unique nature, mandate and role. The new Act also connection between the justice and the health system. addresses appointments to tribunals and the role of The group is exploring ways to connect the justice tribunal chairs. Ms. Flood stressed that the ATA system with programs offered in the health arena. should be viewed as an evolving piece of legislation. They are working with the health associations She predicted that it would be amended frequently involved in the Vancouver area to provide input into as the need for reform and refinement arises . the decisions being made around accessibility of COMMERCIAL AND REAL ESTATE-VANCOUVER detox centres, safe injection sites and addiction servISLAND ices. The administration of these services is being Real estate conveyancing news items were examined partly as a result of the Vancouver announced by Ron Usher at a recent meeting: Agreement, a five-year plan involving three levels of 1. The Property Transfer Tax is now calculated on government whose focus is on co-ordinating funders, the value of the property at the time the purchase prioritizing programs, dismantling the open drug contract is signed and not at the time of the transscene, extending addiction services and revital izing action. Given the recent market conditions this Vancouver's downtown eastside. 8

BARTALK

February 2005

Street Crime Working Group: Among others, this 14-member group includes Judge William Kitchen from the Provincial Court Bench, Dan Mulligan, remand prosecutor in charge of charge approval, Peter Leask, QC from the defence bar, Susan Richter from the Coastal Health Board, Lisa Burgess from the Ministry of the Attorney General, Debbie Granger, Crown Counsel, AI Shoom from Regional Community Corrections and Heather Hay from the Vancouver Coastal Health Authority.

FAMILY-VANCOUVER Angela Thiele acted for the Respondent father m Hietanen v. H ietanen 2004 BCSC 306, a recent case noteworthy for Mr. Justice Fraser's finding that payors are responsible for producing evidence of their incomes even without prompting by payees following the concept of "utmost good faith, " an idea borrowed from insurance law. Ms. Thiele discussed the Hietanen case and offered the following practice tips: • Ensure that your client can distinguish between regular salary and overtime pay on pay stubs. • Provide for the possibility of overtime work in agreements and provide that if your client elects to work overtime it will not be considered income for the purposes of the Su pport Guidelines. • Be wary of bumping up spousal support as a way of increasing child support. In the case at hand the original intention of providing generous spousal support was to provide a tax-beneficial way of supplementing child support. Perhaps any agreement with such terms should provide that any increase in child support should trigger a review of spousal support. • Verify your client's present income when preparing a Child Support Fact Sheet in divorce proceedings following a separation agreement. LABOUR "Video Surveillance: Reasonable exercise of management rights, or outrageous infringement of privacy?" Arbitral authority holds that absent an express term in the collective agreement, there is no blanket prohibition against video surveillance in the work place. When is it a reasonable exercise of management rights ? The focus of discussion in a recent meeting led by Gina Fiorillo and Norm Trerise was on the arbi-

tration ruling of Donald Munroe, QC in Pope and Talbot . In this case the grievance concerned a production area where chips were off-loaded from a scow by a barge loader. There would be significant charges for the employer if the off-loading was not done in a timely manner. The supervisor worked some distance away and could not directly supervise. A video surveillance camera was installed providing 24-hour surveillance of a part of the production area, but not the whole area. The monitor, although on 24 hours a day, was not watched every minute. The employer argued that the Personal Information Protection Act (PIPA) was legislated to protect employers. Mr. Munroe, QC noted that the legislation did not alter the existing jurisprudence. PIPA requires a balancing test between employees' privacy rights and an employers' legitimate business interest. Where the surveillance is surreptitious, the test is: 1. Is there a substantial problem? ii. Is there a strong possibility that surveillance will be effective? iii. Is there no reasonable alternative to surreptitious surveillance? Where the surveillance is obvious the standard of reasonableness is lower. However, employee privacy rights do not override the employer's legitimate business interests. Mr. Munroe, QC found that constant surveillance is preoccupying and may result in the diminution of an employee's sense of dignity and privacy. In this case, although the employer had a reasonable justification for installing the camera, Mr. Munroe, QC ruled that constant 24-hour surveillance was an unreasonable exercise of management rights.

Lawyer Referral Service Increases Consultation Fee Effective January 1, 2005 lawyers registered with the Lawyer Referral Service [LRS] will charge $25 [plus tax] for the in itital half-hour consultation. At this t ime, lawyers who are not members of the CBA may continue to participate in LRS . For more information call Lorna O'Grady at 604-646-7858 or toll-free 1-888-687-3404, ext 309.

February 2005 BARTALK

PRACTICE TALK

DAVID J. BILINSKY

Adding Value to a Legal Relationship Going beyond the norm . ..

)i Won't you try just a little bit harder, Couldn't you try just a little bit more? )i Words by Robert Hunter; music by Jerry Garcia and Bill Kreutzmann, recorded by The Grateful Dead

pliers, bargaining power of customers, threat of substitutes and competitive rivalry within the industry)? Can you couch your advice in terms of the five forces model? • How often do your clients consult you? Do they use you to solve problems or avoid them? . • How would you characterize

t has become almost trite to read in publications that professionals of all sorts today David J. Bilinsky is the your working relationship with need to learn to add "value" to Practice Management Advisor your major clients? How do you their services in order to be comat the Law Society of B.C. think your clients would answer petitive. However, what does it E-mail: daveb@lsbc.org that question? mean to add "value"? Is it not • What is the one best thing enough today for a lawyer to proabout your working relationship with your major vide competent legal services? What are the attribclients? What is the worst thing? How do you utes that clients seek (and will change lawyers in think your clients would answer these two quesorder to find?) . The American Corporate Counsel tions? Association has been looking at these issues for some • What one thing can you do to improve the work time and their findings are illustrative. Their thinking relationship with your major clients? ing raises a host of questions for lawyers who are • Do you recommend the selection of alternate counseeking to add value to their client relationships: sel where appropriate, even if they are outside the • Have you upgraded your legal skills to the highest firm? level possible in your area(s) of practice? Clients • Have you asked your clients what types of infortoday expect that you continually learn as much as mation would be of greatest use to them? If not, you can in their particular legal area of interest. why not? • How well do you bridge the gap between the law Asking these questions can start the process of and your client's business needs? Today clients thinking about adding value. However, while quesexpect that you have not only acquired the same tions can be illustrative, it is always useful to have technical knowledge that they have, they expect concrete suggestions as well. Here is a number of spethat you have learned their business processes as cific steps that you can take to add value to your well. Can you suggest how their systems and proclient service: cedures can be changed to achieve their legal and • Become more practical- clients today want you to business aims in a way that promotes business cost think like a businessperson as well as a lawyer. savings and efficiencies? • Solve problems better- give strategic advice that is • Do you read what your clients are reading ? Do you creative and proactive and appropriately addresses fully understand their terminology and their con risk. cerns in terms of Michael Porter's five forces model • Raise your level of expertise- by being right up to (threat of new entrants, bargaining power of supdate on developments in the law and in your

BARTALK February 2005

•

• • • • •

• •

•

• •

•

client's industry. Demonstrate this to your clients. Be more of a team player - treat everyone with personal parity and actively search for practical business solutions that your clients can appreciate. Listen better- acquire active listening skills. Respond faster -an e-mail with the requisite content is more important than a formal letter. Be more available - return calls within two hours of receipt. Communicate with more clarity and relevance eliminate legalese. Display proficient understanding of the law and business relevant to the needs of your client demonstrate your expertise in written updates on new developments that discuss both aspects. Be more flexible- considerate and suggest alternative solutions. Provide appropriate legal training on issues relevant to your clients - put on seminars for your clients to help them understand the legal background. Understand your clients' business objectives better - meet with them "with the meter off' to discuss their business plans and how you can help shape them in a legal framework . Understand your clients' businesses better - spend time on their shop floor talking to their staff and asking questions. Kept the clients better informed of legal developments affecting their businesses - start a regular electronic newsletter. Be more accurate and reliable - stick to deadlines, remember names and keep promises. Be better at projecting a personality that inspires trust, approachability and candour - morph out of the three piece suit mindset into a trusted legal advisor (or as my daughter says, "get real..."). Be better at anticipating issues and providing alternative resolutions- offer to be involved at an early stage in new projects and demonstrate why this is advantageous. Be a more active and accepted member of the client's business team - sit in on their planning meetings with the meter off. Show that you take an interest in their business plans and wish to grow with them. Provide advice that is more intelligible and useful

~--

-------

to the client - not couched in terms of legalese and terminology. • Help provide solutions to problems rather than legal opinions (that are technically correct but don't assist with problem resolution) . • Improve your professional manner - all of us have been exposed to a "bad bedside manner" - strive for the opposite. • Show more ethical leadership - make it easy for your clients to take the high road - shoulder the burden. When it comes down to it, how to add value is a multi-faceted answer to the question, "How can you serve your clients better?" Ultimately, it comes down to caring a bit more, trying a little bit harder and try ing just a little bit more. 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.

Fool-Proof Ways to Wow Clients at Reception Brought to you by Susan Van Dyke. See page 19 for Susan's column "Waiting for a Good Reception." 1. Greet visitors by name and alert receptionists to new VIP visitors 2. Keep the reception area tidy 3. Pre-book boardrooms 4. Hang coats and rescue dripping umbrellas 5. Offer coffee/tea/water/ju ice (even if you have to build a refreshment station nearby) and serve in china or a quality glass 6. Update visitors regularly on the status of their meeting 7. While waiting, introduce other firm members who are relevant to the prospect or client 8. Keep a stash of clean quality toys in the event kids are in tow 9. If the delay is excessive, order breakfast or lunch for the client or prospect 10. Smile and use a friendly tone of voice

Fe br uary 2005 BARTALK

NOTHING OFFICIAL

TONY WILSON

Penge Bungalow Syndrome

. .

Like Rumpole, sometimes the very best part of our career was the begmnmg of zt.

the loo and asked him to write "To ike the pharmaceutical industry "discovering" a She Who Must be Obeyed, And new disorder just so it can All Who May Sail In Her" on the market a drug to cure it, I back of the program. He said that have found a condition common was a peculiar thing to write about to lawyers of a certain age. I call it my wife, but I said it was about my Penge Bungalow Syndrome, and boat. Then, after signing, he said it's named after the Penge ''I'd love to speak longer, but I'm Bungalow murders, perhaps the afraid I really must pee." With most famous murder trial that that, he was off. He probably never happened. It's from decided to use the cubicle rath~r Tony Wilson is a Franchise and Rumpole, and it's referred to in than the urinal so no one else Intellectual Property lawyer at John Mortimer's books almost as would turn his way and ask him Boughton . He"s written for the frequently as She Who Must Be for another autograph, with cataGlobe and Mail, the Vancouver Obeyed, which is what Rumpole strophic consequences. Sun, and Macleans magazine . called his wife and what I called Which brings me back to E-mail: twilson @boughton .ca my first boat. Penge Bungalow Syndrome. It Now I presume all of us know was Rumpole's tour de grace, his Waterloo, his finest Rumpole, because as lawyers, we've all read the hour. He faced a hanging judge, alone and without a books or watched the late great Leo McKern play leader, became an expert on bloodstains, and secured him on TV. And many of us know something of an acquittal. But the trial happened in the first year author John Mortimer, because unlike McKern, or so of Rum pole's practice and everything else in his Mortimer is not only still alive, but holds the record fictional long career paled by comparison. In other of being one of the very few speakers at the words, the height of his career was the beginning of Vancouver Bar Association's Christmas Dinner not it, and everything else was downhill from there. to have been pelted with a bun. He spoke in 1987, Years ago, I read a Supreme Court of Canada and unlike any other speaker I'd seen in that hot seat, decision where one of the counsel was an old friend he had the audience (rather than a bun) in the palm of mine from law school. I called him to discuss the of his hand. Nothing was thrown at him. No obnoxcase: "Ahhh ... " he sighed. "My first year of practice ious conversations were held while he spoke. He left and I'm at the Supreme Court of Canada on a funthe room thinking that members of the B.C. bar were damental question of constitutional law. Now I do a respectful and polite lot. Then he met me. foreclosures and ICBC work. That case was the Now Mortimer wasn't a dying George Harrison, Penge Bungalow murder trial of my career." and I wasn't trying to get him to sign a guitar on his So there you have it. Penge Bungalow Syndrome deathbed, but I wanted an autograph anyway. As he is when lawyers have the finest professional experiwas surrounded over dinner by an armada of judges ence of their lives while articling, or in the first few and other VIPs, I couldn't find a polite way to get to years at the bar, only to discover the career ahead is him, so I found an impolite way. He stood up, no an end less routine of partners meetings, billing tardoubt to see a man about a dog, and I made my gets, accounts receivable, fee estimates and less than move. With pen in hand, I accosted him en route to constitutionally satisfying law. There is no cure. BT

BARTALK February 2005

PATRICIA JORDAN

ON THE WEB

Easier to Use, Easier to Access An all-around smarter website

ou are invited to visit the redesigned CBABC website at www.cba.org/bc. At the CBA, we are working to bring members better online access to services, tools and resources. Our updated site fea tures seven main categories, which include Membership, Sections & Groups, Initiatives, CBA Publications, Practice Resources, Public & Media and About Us. Here is a brief introduction to each category.

Patricia Jordan is the CBABC Manager, Interactive Media. She welcomes your comments, questions and suggestions . Tel: 604-646-7861 E-mai l : pjordan@bccba.org

MEMBERSHIP Discover the many benefits of CBA membership online. Learn about "Member Savings" through the CBA Preferred Supplier Network and "Special Programs" such as the Birth!Adoption Benefit Program, Waiver of Dues Program, Members' Special Circumstances Fund, and monthly payments. This area provides fee and eligibility information with links to join the CBA, renew membership and update your member profile online.

INITIATIVES The CBA promotes the interests of its members on a number of fronts within the legal community and at large. Visit this area to learn about the CBA's advocacy role and its submissions to government. Information on public awareness campaigns, the volunteer registry, Lawyer Referral Service and agreements with international bar associations is available online. SECTIONS & GROUPS At the provincial, territorial and national levels, the CBA welcomes your involvement. CBABC offers a full range of Sections, Committees, and special inter-

est groups as an entry point for members to become active in the Association. Read about Sections, Committees, the Women Lawyers Forum and the MLA Network in "Sections & Groups." Through CBABC Sections members can access meeting notices, minutes, executive contact information, and more. Committee mandates and contact information is available in "Cmnmittees."

PRACTICE RESOURCES Practice Advisory Panel listings, the Member D ispute Resolution Service, information kits and standard forms, legal careers, and more are found here.

CBA PUBLICATIONS This area has archives for BarTalk, Branch annual reports, E xecutive Committee and Provincial Council meeting minutes, Legislative Update and current issues in legislation and law reform. Links to the CBA Code of Professional Conduct and the National are also available. CBABC members have free access to the lawyers' portion of the online directory at www.bccbadirectory.org, and to archived Section papers. PUBLIC & MEDIA This section provides public access to information on CBABC programs, including Dial-A-Law, the Lawyer Referral Service and Law Week. The Media Contact Guide and an archive of CBABC news releases are available online. The "Public & Media" area offers a list of CBA and CBABC awards. ABOUT US In this area you'll find CBABC key contacts, bylaws, the privacy policy and frequently asked questions. BT Fe br uary 200 5 BARTALK

LEGISLATIVE UPDATE

STUART RENNIE

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 spec ific 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 wh ich is quoted after the title of the Act and wh ich 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.

change the in force date from "January 1, 2005" to "January 1, 2006" (by B.C. Reg. 520/2004)

CURRENT FROM NOVEMBER 1 to DECEMBER 31, 2004 Legislative Update is provided as part of the CBABC legislation and law reform program. It is a service funded by CBA membership fees, and is therefore provided as a benefit of CBA membersh ip. The full version of Legislative Update is now published on l ine, availab le to CBA members exclusively at www.cba.org/bc.

ACTS IN FORCE

ADMINISTRATIVE TRIBUNALS ACT, S.B.C. 2004, C. 45 (BILL 561 Sections 163 to 165 and 172 are in force November 19, 2004. Sections 67 to 69, 101 to 103, 120 to 127, 174 to 176 and 179 to 188 are in force December 3, 2004.

ATTORNEY GENERAL STATUTES AMENDMENT ACT, 2004,S.B.C.2004, C. 57 (BILL 621 Section 10 is in force November 19, 2004. Sections 6 to 9 and 13 to 15 are in force December 3, 2004.

B.C. RAIL BENEFITS (FIRST NATIONS! TRUST ACT, S.B.C. 2004, C. 58 (BILL 581 Act is in force November 1, 2004. 14

BARTALK February 2005

COMMERCIAL APPEALS COMMISSION REPEAL ACT, S.B.C. 2003, C. 51 (B ILL 701 Section 32 (a) is in force December 31 , 2004. Stuart Rennie is the CBABC Leg islation & Law Reform Officer. Tel: 604-949-1490 E-mail : srenn ie@bccba .org

ENVIRONMENTAL MANAGEMENT ACT, S.B.C. 2003, C. 53 (BILL 571 Section 178 (b) is in fo rce December 31, 2004.

BUSINESS PRACTICES AND CONSUMER PROTECTION ACT, S.B .C. 2004, C. 2 (BILL 21 Effective January 1, 2005, B.C. Reg. 274/2004 is amended to bring into force sections 219, 220, and 229 of the Business Practices and Consumer Protection Act (the "Act") (B.C. Reg. 520/2004). Effective January 1, 2006, B.C. Reg. 274/2004 is amended to bring into force Part 5, sections 196, 207, 216, 218 and 221 to 228 of the Act (B.C. Reg. 520/2004). Effective January 1, 2006, B.C. Reg. 274/2004 is amended to change the repeal date from "January 1, 2005" to "January I , 2006." Effective January 1, 2005, B.C. Reg. 273/2004 is amended to

FINANCE STATUTES AMENDMENT ACT, 2004, S.B.C. 2004, C. 62 (BILL 691 Sections 40 and 41 are in force December 1, 2004. Sections 31 to 39 are in force December 31 , 2004.

FINANCIAL INSTITUTIONS STATUTES AMENDMENT ACT, 2004,S.B.C. 2004,C.48 (BILL 391 Sections 1 to 20,22 to 101, 102, 104, 105, 107 to 119, 120 (a) to (c) and (e) to (i) and 121 to 142 are in force December 31, 2004.

FOREST AND RANGE PRACTICES AMENDMENT ACT, 2003,S.B.C. 2003,C. 55 (BILL 69) The portion of section 84 that amends section 81 (1) (b) (ii) and (iv) of the Forest Act is in force December 3, 2004.

FORESTS STATUTES AMENDMENT ACT, 2004, S.B.C. 2004, C. 36 !BILL 331 The portion of section 146 that repeals section 41 (8) to (13) of the Forest Practices Code of British Columbia Act is in force December 3, 2004. Sections 79, 80, 81, 83,84,89,9~94,97and 102 are in force December 13, 2004.

INTEGRATED PEST MANAGEMENT ACT, S.B.C. 2003, C. 58 (BILL 531 The Act, except section 43, is in force December 31 , 2004.

LAND TITLE AND SURVEY AUTHORITY ACT, S.B.C. 2004, C. 66 !BILL 68)

Sections 1 and 44 (1) to (8) are in force November 5, 2004. Sections 2 to 18, 19 (1) (a) and (c), 21 to 33, 34 (4) and (5), 35 to 43, 44 (9) to (11) and 45 are in force November 19, 2004.

MINERAL TENURE AMENDMENT ACT, 2004, S.B .C. 2004, C. 22 (BILL 291

REAL ESTATE DEVELOPMENT MARKETING ACT, S.B.C. 2004, C. 41 (BILL 42)

Sections 1 to 8, 10 to 17, 19 to 34, 36, 38 to 56, 58 and 61 are in force January 12, 2005.

Act is in force January 1, 2005.

MISCELLANEOUS STATUTES AMENDMENT ACT, 2000, S.B.C. 2000, C. 9 !BILL 81 Section 34 is in force November 19, 2004.

MOTOR VEHICLE AMENDMENT ACT, 2004, S.B.C. 2004, C. 68 !BILL 66) Section 10 as it enacts section 95 (1) (c) of the Motor Vehicle Act, sections 11 (a) and 21 (a) as it enacts section 234 (2) (a) of the Motor Vehicle Act are in force January 1, 2005. Sections 8, 18 and 19 as it enacts sections 215.1 to 215.3 of the Motor Vehicle Act are in force January 17, 2005. Section 19 as it enacts section 215.4 of the Motor Vehicle Act is in force December 13, 2004.

NORTHERN DEVELOPMENT INITIATIVE TRUST ACT, S.B.C. 2004, C. 69 !BILL 59) Act is in force November 1, 2004.

PARTNERSHIP AMENDMENT ACT,2004,S.B.C. 2004, C.38 !BILL 35)

REAL ESTATE SERVICES ACT, S.B.C. 2004, C. 42 (BILL 41 I The Act, except the definitions of "compensation fund corporation" and "special compensation fund " in section 1 and sections 109 to 115 and 135, is in force January 1, 2005.

TRANSPORTATION ACT, S.B .C. 2004, C. 44 !BILL 47) The Act, except section 52 (5), is in force December 31, 2004.

TRANSPORTATION STATUTES AMENDMENT ACT,2004,S.B.C. 2004, C. 72 !BILL 75) Sections 1 to 8, 10 and 12 to 18 are in force November 19, 2004. Sections 17 and 18 are in force December 31, 2004.

WATER, LAND AND AIR PROTECTION STATUTES AMENDMENT ACT, 2004, S.B.C. 2004, C. 30 (BILL 16) Sections 10 to 12 are in force December 31, 2004. BT

Act is in force January 17, 2005.

February 2005 BARTALK

FEATURE

JENNIFER CONKlE

Women Lawyers Forum Q&A with the new Chair

The Chai r of t he Wome n Lawyers Forum ["the Forum"). Jenn ifer Conkie, is now well into the first year of her term. The Forum has been active since the fall of 2003 with an ongoing series of events and programs . Jennifer recently discussed her vision for the coming year.

WHAT ARE THE FORUM'S TOP PRIORITIES DURING 2004/2005? Our first aim is to offer to members events that support them in their career and professional development. One key challenge is to consolidate our membership currently around 200 women. We' re expanding our outreach, beyond the Lower Mainland, and even

we are networking nationally a with our American counterpart We are even planning a trip tot Far East for 2006! Meanwhile, o initiative to become a nation forum is well underway. We w 路 host an event at the August 20 National CBA conference 路 Vancouver.

outside B.C.

TELL US ABOUT THE MENTORING PROGRAM. Through the dedication of our members, we've matched women lawyers through all levels of practice. We have more than 100 placements in Vancouver, 24 in Victoria and 24 in Kelowna, and the program will add new pairs in 2005. WILL THE "WORKSHOP SERIES" CONTINUE? Absolutely. We have been told by our members that workshops are a great way to network, hear exceptional speakers, and meet a wide range of business and community leaders. Building on a great response this fall, we'll continue the "Lunch and Learn" series in 2005. Our two-day Leadership Institute in the spring is our biggest event for the year. More informally, Margaret Ostrowski, QC is hosting a potluck dinner for all members at her home in February. TELL US MORE ABOUT THE FORUM'S COMMITMENT TO FOSTERING RELATIONSHIPS. Assisting women in law with relationship-building is important to us. Apart from our mentoring program, 16

BARTALK February 2005

HOW CAN WOMEN LAWYERS "CONNECT" WITH THE FORUM . Our members, and potenti members, are located across B. and we're working hard to ensu expanded outreach to wome lawyers located outside the Low Mainland. W e hope women lawyers will make t Forum their "meeting place! I'd encourage reade of BarTalk to contact us. We are always looking ft ideas about how we can better connect with wome lawyers in B.C. and how we can continue to serve. This year we want to focus on communicatin regularly with everyone in B.C.'s legal communit Our links to the CBA and our B.C. Branch are ce tainly valuable in that regard and we also want build alliances with other law-related groups of pr fessional women. BT

Jennifer Conkie 2004/2005 Chair Women Lawyers Forum Tel: 604-662-7544 E-mail: jconkie@conkie-law.ca

Join the Forum To jo in the Women Lawyers Forum, you must be a CBA member. For Forum membership information contact the CBABC office at 604-687-3404 or call toll-free 1-888-687-3404 or visit www.cba .org/bc for a Section enrolment form.

MARGUER ITE (MEG) SHAW

FEATURE

The Social Services Tax Is Wrong

tis 2005, a new year, an imporbusiness it is a disincentive for tant year, an election year. Will business to open up or expand in the social services tax (SST) on British Columbia. All things being legal services finally be equal who would open up a new rescinded? The NDP government business or expand an old one in imposed the tax on legal services this province for the privilege of in March of 1992, generating hunpaying a seven per cent tax on the dreds of millions of dollars over 13 legal fees associated with that years of payments by the taxpayers opening or expansion or subseof B.C. who are users oflegal servquent operations? In this regard ices. The Branch has consistently the tax on legal fees is analogous to Marguerite (Meg) Shaw is advocated for elimination of this the sales tax on machinery, aviaVice-President of the CBABC unfair, discriminatory, and arbition, and bunker fuel purchases and Chair of the CBABC's trary tax. Social Services Tax Task force. and the corporation capital tax, all In the past year, our advocacy of which made some aspect of effort has been strengthened with British Columbia business less competitive and all of the allocation of campaign resources and the appointwhich are presently (August 2001) in the process of ment of an SST Task Force with representation from being repealed." lawyers around the province. This year the Finance and Government Services In November, Frits Verhoeven, Secretary Committee made 19 recommendations to the Treasurer of the Branch presented a submission on Finance Minister, ranging from measures to improve our behalf to the Finance and Government Services education to targeted tax reductions for retail merCommittee (FGSC), which prepares recommendachants and small businesses. Although the report did tions to the Minister of Finance for pre-budget connot contain a specific recommendation for the elimisideration. This was an exceptional year in that, for nation of the SST on legal fees, the Committee did the first time ever, other significant organizations recommend that the Minister consider further tax included the elimination of the SST on legal services reductions and conduct a review of existing exempin their presentations. This came about as a result of tions. lobbying efforts by the Branch. With the government projecting large surpluses We have had strategic meetings with organizafor the next several years, there is no better time to tions representing business and consumers throughget rid of this discriminatory tax. Legal services are out B.C., such as the Business Council of B.C., to disnot a luxury; they are the "glue" that holds our cuss how the SST on legal services is an important province, our economy and our society together. The issue and negatively impacts their members. The tax tax on legal services unfairly penalizes individuals on legal services is a competitiveness handicap for and businesses that already contribute their share of existing businesses, and a barrier to encouraging new taxes, and it diminishes costs awarded in injury and business or expanding business in B.C. civil law cases. It's time for this government to do the In the words of Vincent Morgan, Administrative right thing and eliminate the SST on legal services. Partner at Davis & Company, "As an admitted tax on BT

February 2005 BARTALK

FEATURE

W. LAURENCE SCOTT

It's Time to Restore Legal Aid Funding

The growing number < lmost three years ago the B.C. Government annouunrepresented litigants is disturl nced that legal aid funding. More unrepresented litigan ing would be slashed by are appearing before the Cour almost $35 million, from just over putting new and added pressure $88 million in 2001-2002 to just on the Courts' time and judge under $54 million in 2004-2005. patience. The lack of legal repn It was a decrease of approxisentation not only puts the intere mately 40 per cent. Those spendof the litigants at risk, it inevitab ing cuts specifically targeted B.C.'s slows down court procedures a poorest people. So much of the wastes publ ic resources. W. Laurence Scott is the Chair progress our province had made in Legal aid is a valuable pub of the CBABC Legal Aid access to justice issues was turned benefit. Now that the provinc Committee. government has balanced t back. For some years now funding budget and enjoys a surplus, it cuts to legal aid have meant that serious problems time to restore legal aid funding. A responsive a within the legal aid system have been avoided by responsible justice system should not and cann administration wizardry, by the dedication and hard deprive people or even discourage poor people fro work of those working within the various legal aid seeking help for serious legal problems. offices and by the preparedness of our colleagues to Each business and citizen who pays a lawyer accept work at unprofitably low legal aid rates and do work pays a social services tax, originally desi often for no pay at all. nated for legal aid. This tax collects about $100m Our law promises equal justice for everyone. lion every year. The truth is that legal aid progra This promise is not fulfilled when low-income indican more than pay for themselves as a result oft viduals, especially women, have no meaningful social services tax on legal accounts. So long as t access to the civil justice system. We embrace access social services tax is collected from our clients, and equality rhetorically without making serious should go to legal aid. attempts to give them practical content. "Equal jusWe cannot absolve the Government of B.C. fro tice under the law" does not approximate the way the its responsibility to provide adequate legal aid fun system operates in practice. It is not what we wanted ing. We all recognize that a primary role for gover justice in our province to become. ment is to protect those who cannot protect the A generation ago, one of history's greatest civil selves. The cuts to legal aid programs seriou rights leaders wrote a short, simple letter. At the time underm ine this very legitimate role for governme ' he was sitting in a small, dark jail cell in Alabama. Now is not the time for lawyers to be silent. Iu Martin Luther King wrote, "Injustice anywhere is a time for lawyers to speak out. It is time for lawyers threat to justice everywhere." speak out loudly and with one strong voice. Here in B.C., this is the threat we face. Justice is Providing every citizen with equal treatm threatened everywhere, because injustice will result before the law is always difficult. But it remains o if the government does not reverse its position on of the most cherished principles and objectives of fr legal aid funding. and democratic societies. Lawyers must defend it.

BARTALK February 2005

SUSAN VAN DYKE

GUEST

Waiting for a Good Reception

ou're nervously waiting for with returned from lunch? Are an important potential they wrapping up a call? client to arrive at your A wait beyond 15 minutes office. You've spent monnecessitates the secretary's personths, perhaps a year, hoping for this al appearance to introduce herself, day. The prospect steps off the eleexplain the delay, estimate the furvator and strides into your recepther wait and settle the visitor into tion area for the first time. Within a boardroom if one is available. five seconds an irrevocable Demonstrate how to use the teleimpression is sealed. phone and offer a pen and paper. What if the reception area Go back every five minutes. Susan Van Dyke, Principal, looked up-to-date, stylishly confiDone right, this "distraction Van Dyke Marketing & dent, comfortable and welcomCommunications, is a law firm by hospitality" approach will, in market ing consultant. ing? And the receptionist smiled many instances, supersede the Tel: 604-876-7769 at your prospect and said "Good annoying delay. As the wait (or E-mail: svandyke@telus.net morning Mr. Hunter, Mr. Tyson is irritation level) mcreases, so looking forward to seeing you. I'll should your fuss-factor. But judge call him now and let him know you've arrived and each person individually. then I'll hang your coat and offer you something to Great receptionists are difficult to find. drink. Please feel free to have a seat; I'll be right with "Receptionist positions are among the toughest staff you." positions to fill," according to Sandra Miles, Reception is a window to the firm. Provide every President and CEO of the Miles Employment single visitor with the same great view. A good recepGroup. "They are not well paid, yet firms need sometionist will juggle multiple tasks, but most imporone who is polished, professional and client-oriented . tantly, greet visitors with genuine warmth and polThe tendency is to hire receptionists who see the ished hospitality. Chatting with a waiting visitor position as a stepping stone. while cheerfully answering the phone, signing for Some of the best receptionists are from the couriers, booking boardrooms and directing the tourism or hospitality sector - even retail experience lunch caterer are done simultaneously. Like any good is good -these are the people understand client serv. " host, they appear to be enjoying themselves. ICe. Surpass client expectations by paying attention to Receptionists saddled with heavy administrative details. How visitors feel will affect their impression work push visitors' needs to second place. Sandra of your firm. Make it a point to ensure the visitor Miles agrees, "It's a common thread to throw too feels important and valued. much on the receptionists - it detracts from client When a lawyer is running late the receptionist service. And sensitive information should not be on and secretary can help. Update visitors every five or receptionists' desks." 10 minutes after the meeting time has lapsed. Let A well-trained receptionist who sports a great them know what is happening. Have you reached attitude can do wonders for your relationship with the secretary? Has the person your visitor is meeting clients and prospects. BT

February 2005 BARTALK

EVENTS

Fun Run for the Legal Community Designed with you in mind, the second annual Law Week Fun Run will take place at UBC on Sunday, April 10 at 10 a.m. This is one of those rare events where the bench, bar, law school students, professors and everyone else in the legal community can come together to take part in a fun activity and support the B.C. Branch's Law Week events. Please see the related insert in this issue to register. The Law Week Committee encourages all members of the legal community to bring their families along to enjoy the second annual Law Week Fun Run. The 2005 Fun Run will have two main routes on the UBC trails - a 10 km and a 5 km. At the finish line, youngsters may paint their own T-shirt and enjoy clowns, music, and food.

Murder on the Nile to Delight Don't miss the fourth annual Lawyer Show: Agatha Christie's classic murder mystery Murder on the Nile. This co-presentation of the Arts Club Theatre Company and Touchstone Theatre stars the finest acting talents of Vancouver's legal community. The show plays March 11 and 12 at 8 p.m. at the Stanley Theatre in Vancouver. Call 604-687-1644 for tickets. Early bird tickets are just $65 (early bird deadline: February 18).

Law Firm Ski Championships The B.C. Law Firm Ski Championships will take place Saturday, March 12 at the Pontiac Race Centre on Whistler Mountain. Open to .any judge, lawyer, law office employee or law student, this ' triple slalom team race and party gets the gang out of the office and onto the mountains for a day of action on the s lopes . The race is open to teams of six, which must include at least one fema le racer and one racer over 40 years of age . Four times count toward the team total, as follows: • the fastest female's time; • the fastest time of a person over 40 ; and • two other fastest times . Event details are available online at www.whistlerblackcomb.com/todo/ events/detail/lawyers.asp. To register your team, call Kara Krumhardt, Whistler Blackcomb Event Office Coordinator, 604-9052039.

LEAF Equality Breakfast West Coast LEAF will host its 18th annual Equality Breakfast on Friday, March 4 at the Hyatt Regency Hotel in Vancouver. The event keynote speaker will be Roberta Jamieson, former Chief of the Six Nations Band in Ontario a nd internationally recognized expert in conflict resolution .

Lawyer Show performers J im Poyner and Karen Truscott, prepare for their roles in the March 11-12 showings of Agatha Ch rist ie's Murder on the Nile.

BARTALK February 2005

Tickets are available for $55 [$550 per table]. Event proceeds will support the legal and education work of West Coast LEAF. For details and tickets call 604-684-8772 [or e-mail breakfast@westcoastleaf. orgl. LEAF online: www@westcoastleaf.org

Hoop law Set for SFU in March What can be more enjoyable than playing the great game of basketball with your law colleagues? Perhaps knowing that you're also playing for a good cause. The Hooplaw Charitable Foundation organizes its annual charity basketball tournament to raise money for local charities which assist underprivileged or disadvantaged children. Last year's tournament raised approximately $35,000! This year's Hooplaw Charity Basketball Tournament is fast approaching and is scheduled for Saturday, March 5, 2005 at Simon Fraser University. Newcomers are welcome! To participate in the tournament, please call Peter Rubin 604-631-3315 (or e-mail peter.rubin @blakes.com).

LEAF Conference West Coast LEAF and the National Association of Women and the Law will host a national conference from April 28 to May 1 at the Hilton Vancouver Metrotown Hotel. The focus of the conference is the 20th anniversary of the equality rights provision (section 15) of the Canadian Charter of Rights and Freedoms. The conference offers a unique opportunity to meet, strategize and share information with lawyers, community workers, activists and others from across the country on the impact the equality rights provision has had in Canada. Sponsorship and volunteer opportunities are available. Please visit www.equality conference New Westminster/ .com for more Fraser Valley Bar information.

Golf Tournament Options for Lawyers Seminars

iii

Options for Lawyers Sem inars are held in Vancouver on the third Wednesday of every month. This networking, education LAPBC and support group for lawyers is free for members of the legal community. For assistance or information on meetings and resources call 604-685-2171 or toll free 1-888-685-2171. The LAP office is located at 415-1080 Mainland Street, Vancouver.

The Lawyers Assistance Program [LAP) provides confidentia l support, counselling and referrals for lawyers, their fam ilies, support staff, judges and students suffering from alcohol and/or chemica l dependency, stress, depression or just about any type of personal problem.

Members of the bar, judiciary, court reporters and their fr iends are invited to participate in this annual tournament to be held on Thursday, July 7th at the Guildford Go lf Course in Surrey. Tee times start at 11 a.m. Texas Scramble is optional. There will be an even in g barbecue dinner. Partial proceeds wil l be donated to the CBA Lawyers Benevolent Fund. Fo r more information, contact Rick Molstad at 604-526-1821 .

L...

February 17-20

CBA National Mid-Winter Meeting (Charlottetown, PEl)

March 3

28th Annual Women

March 4

LEAF Equality Breakfast (Hyatt Regency Hotel, Vancouver)

L...

March 5

Provincial Council Meeting (Delta Airport Hotel, Richmond, 9:00 a.m.)

Ill

March 8

New Westminster Bar Annual President's Dinner (Westminster Club)

March 11

Executive Committee Meeting (CBABC Boardroom)

...c: u c:

April 8

Executive Committee Meeting (CBABC Boardroom)

April12

New Westminster Bar Association Meeting (Guest: Deputy Attorney General

"'C Q) __,

the Law Dinner (Law Courts Inn, Vancouver)

(_)

L...

Ill

Allan Seckel, QC, Westminster Club) February 2005 BARTALK

EVENTS

New Westminster Bar Association Festivities CHRISTMAS PARTY On December 10, 2004, 67 members and guests attended the New Westminster Bar Association's gala Christmas party at Hart House in Burnaby. President Kenneth Armstrong, Vice President Samantha Hulme and Secretary Treasurer Robert Gunnell presided over the celebration, which concluded with enthusiastic dancing. Generous door prizes were contributed by the Four Seasons Hotel, the Guildford Golf and Country Club, McQuarrie Hunter, Cassady & Company and Goodwin & Mark. Michael Woodward was the lucky recipient of the grand prize which was accommodation and a meal at the Vancouver Four Seasons Hotel.

New Westminster Bar Executive Samantha Hulme [Vice-President). Kenneth Armstrong [President). and Robert Gunnell [Secretary-Treasurer] enjoy their local association's annual Christmas party.

ANNUAL JUDGES DINNER The association's annual dinner to honour new judges was held January 18th at the Inn at the Quay in New Westminster with 120 lawyers and judges in attend despite inclement weather. Supreme Court Justices David Brine, Barbara Fisher, Arne Silverman, P Court Judges Gregory Bowden, Ellen Gordon, James Wingham and Supreme Court Master Peter were welcomed by the group.

Canadian Legal Conference: Volunteers Needed Many volunteers are needed for this event, which this year comes to B.C. in August. For information on the benefits of sponsorship, call Kerry-Lynne Findlay at 604-609-3066 (kfindlay@wgmlaw.com). If you are available to help for a few hours or so, please contact Miranda Lam (mlam@davis.ca; 604687-9444). In particular, volunteers are needed for: AT-HOME DINNERS - Host lawyers and spouses in your home for dinner and socializing on Saturday, August 13th. This is one of the highlight events of the conference; so don't miss your chance to participate! Call Barbara Sage at 604~244 -9433 (barb.sage@ shaw.ca) for more information or to volunteer. LAW FIRM RECEPTIONS occur on Monday, August 15th, in the afternoon. Perhaps your firm could sponsor a reception at the Art Gallery or the Terminal City Club? Call Ming Song at 604-8990224 (mingsong@novuscom.net) for more information or to volunteer. 22

BARTALK February 2005

Passages The CBABC Equality Committee is saddened to report that NATASHA EDGAR passed away on December 31, 2004 . Natasha overcame great obstacles to become a lawyer, after suffering a spinal cord injury at the age of 17. It was her desire to increase awareness amongst members of the profession by challenging misconceptions and removing obstacles to firms, courts and the justice system at large in regard to hiring lawyers with disabilities. Natasha was an inspirational addition to 路 the Equality Committee and will be greatly missed. On December 7, in a special presentation by local MLA Sindi Hawkins, Kelowna lawyer KENNETH

SARNECKI was presented with his QC designation from Attorney General Geoff Plant. Only a few weeks later, the legal profession said a final farewell to a much loved colleague . Ken's involvement in the CBABC was extensive, rang ing from Committee and Council work, to three terms on the Executive Committee, including as Vice President. His cheery presence and forthright approach to life and law will be sorely missed . We send our condolences to his family.

Law Week 2005 Ambitious program ignites interest in annual event

111111 W

Law Day celebrates the anniversary of the Charter of Rights and Freedoms, each year with a different theme- the 2005 theme is "TV Lawyers: Fact or Fiction." In B. C., Law Day has expanded to a full week ofactivities. Events are often organized by lawyers in their local communities.

Open House on April 30 The Law Week Open House in Vancouver will be held at UBC Robson Square (800 Robson Street) on Saturday, April 30 between 10 a.m. and 2 p.m., with keynote speakers stepping up to the podium at midday. Members of the public are invited to participate in one-hour classes on topical areas of law and a "You Be the Judge" session. There will be displays by partners in the justice system, and likely a panel discussion on how the justice system works.

Dial-A-Lawyer The CBA will hold its province-wide "Dial-ALawyer" program on April 30 between 10:00 a.m. and 2:00p.m. During that time, members of the public are invited to call the Dial-A-Lawyer numbers to speak with a lawyer about a legal problem for up to 15 minutes. The Dial-A-Lawyer numbers are 604687-3221 in the Lower Mainland, and toll-free in B.C. 1-800-663-1919.

5k/10k Fun Run/Walk Join us for the CBA's second annual Law Week Fun Run/ Walk. This event will take place on the UBC grounds on April 10 at 10:00 a.m. The entry fee is $25 per adult (children 14 and under enter for free). The route will be stroller and wheelchair accessible. Please see the related insert and register today!

Student Mentor Program This program has bee n successful for many years due to st ron g suppo rt from CBA members. The program matc hes stud ents with lawyers for a half-day in th e lawyer's wo rkp lace . Stu dents in Na naimo an d the Lower Ma inlan d will have the opportun ity to ex plore law as a career opt ion .

Volunteers are 路

Student Contests PUBLIC SPEAKING: The annual Barry Su llivan Law Cu p pub li c s peak ing contest is open to students enrolled in Law 12 classes throughout B.C. The students will present thei r speec hes at the Vancouver Law Courts on April 28 at 4:30 p.m. Interested pa rti es are we lcome to listen to the speeches, whic h are generally e nthu s iast ical ly and thoughtfully prese nted.

VIDEO AND ESSAY: These two contests are open to senior stude nts throughout B.C. The winning essays a nd video [if possible) will be available on the CBABC website . Providi ng a new outlet to aspiring directors, the Law Week Committee added a video con test this year to replace the photo contest.

needed for the Open House, Run/Walk, and Dial-A-Lawyer Program. To lend a hand, please call Rose at 604-6873404, ext. 313 [rfa bbro @bccba .org ].

February 2005 BARTALK

I I

BAR MOVES I BRAVO

Bar Moves

Have you recently changed firms or opened a new firm? Send submissions [maximum 25 words] to Bar Moves at cba@bccba.org .

ADRIAN DENEGAR opened his "Trafficlawyer" law practice in Victoria in August 2004. A former traffic prosecutor from Manitoba, his law firm serves clients in Motor Vehicle Act defence work in Victoria and Vancouver. CHRISTOPHER DEVLIN and JOHN GAlLUS have left Woodward and Company to form the firm of Devlin Gailus in Victoria, focusing on Aboriginal law. LORNE HERLIN has left the litigation branch of the British Columbia Securities Commission to join the Vancouver office of the Investment Dealers Association of Canada.

Congratulations to the following lawyers who received the QC designation in December 2004:

MANDY JAVAHERY has left Venture Law Corporation to join Synergy Business Lawyers as an associate where she will practise corporate commercial la'w.

Mark D. Andrews Robert C. Brun Elisabeth A. Burgess D. Ross Clark Brian Coleman Wendy Elizabeth Dawson William F. Dickson Robin M. Elliot David C. Harris John Wellesly Hogg Richard Henry Jensen Clarence B. (Cal) Johnson Jeffrey J. Kay William Knutson Derek LaCroix Bruce Austin Laughton James M. Lepp Dinyar Marzban James Kenneth McEwan D. Paul Nixon Darrell John O'Byrne Vincent Orchard Henry J. (Hank) Reiner Donald H. Risk Kenneth Sarnecki Grant C. Taylor Henry Vlug Peter George Voith Mary Anne Waldron Paul Wylie Walker

GAURAV PARMAR has joined the law firm of Heather Sadler Jenkins in Prince George. He practises in the areas of commercial, corporate and forestry law. SUZANNE SHEENA has moved from Kane, Shannon & Weiler to practise corporate/commercial and general civil litigation at Taylor Sourisseau Mazzone Tatchell.

Lawyer Climbs Mountain For Alzheimer Society Out-of-office messages are usually plain fare, but this message caught the attention of BarTalk: "As I am climbing Mt. Aconcagua in Argentina for the Alzheimer Society of B.C., I will be out of the office unt il January 17, 2005 ...... The message was from Dale Rondeau, of Thomas Rondeau in Vancouver, who did indeed scale a mountain in South America during his winter holiday. This was actually Dale's second charitable climb; in 2001 he climbed Mount Kilimanjaro as part of the Alzheimer Society's annual "Ascent for Alzheimer's." Between the two treks, Dale, with the help of friends and clients, has raised more than $25,000 for the Alzheimer Society. Bravo Dale!

QC Appointments

BARTALK

February 2005

MEMBER SERVICES

Whistler Blackcomb CBABC Member Services still has a limited quantity of adult tickets for sale for $60 [plus tax). See www.cba.org/bc for details and order form.

Making Booking Hotels Easy MeetingMax online bookings help you save time & money

Golf B.C. Look inside this issue of BarTalk for a registration sheet for a free Golf B.C. exclusive member benefits card. After receiving this card enjoy a free Golf B.C. Rewards Card, 500 complimentary Golf B.C. Reward Points (redeemable for rounds of Golf at nine different courses) and a free subscription to Golf B.C. eNews! Take advantage of this limited time offer (expires June 30, 2005) and begin saving immediately. No membership dues or renewal fees, just 500 free rewards points redeemable at some of B.C.'s top golfing destinations.

The CBABC is proud to announce the spring launch of a membership service that will allow you to conveniently, quickly and cheaply access all of its current hotels online. The CBABC's new online hotel booking service gives members the opportunity for even greater hotel savings! With help from our new member service supplier, MeetingMax Inc., all CBABC members will have access to the service through our redesigned branch website. Once in the main body of the CBABC website, CBA members will be able to book rooms at all CBA preferred hotels at their conTerminal City Club Exclusive venience. The custom web design will make accomOffer to CBABC Members modation arrangements very simple and efficient and allow you to see the hotel you will be booking along The Terminal City Club extends to all CBABC memwith other pertinent hotel and area information. bers a unique opportunity to join one of Vancouver's MeetingMax is familiar with venues and hotels most prestigious social clubs. Until April 15, 2005, all over North America and is constantly expanding CBA members can pay an outstanding one-time its services. They are continually updating the entrance fee of $3,750 !5'0 per cent savings) to join CBABC's list of contacts and inspecting locations to the Terminal City Club. Monthly dues are $160 [as be sure that we are current, so that you don't have to of January 1); minimum quarterly food commitbe. The CBABC looks forward to introducing this ment is $75. For CBABC members not residing in new service to its members and hopes to provide great the Lower Mainland the membership fee is reduced value for years to come! to $1,875 with annual dues of $930 and no quarterFor details, visit www.cba.org/bc (see "Member ly food minimum. Terminal City Club membership Savings" under "Membership"). offers the following benefits: • Affiliation with more than 150 of the world's most

Sign Up for News and Lunch If you sign up for the member services e-mail list this month, you'll receive a personalized Corporate Lunch Card for Doolin's Irish Pub. Doolin's is minutes from the Vancouver Courthouse . Send your name and e-mail address to member_ services@bccba.org to receive 25 per cent off all your

renowned clubs • Four-Star Tower Hotel • Fitness centre with squash courts, steam rooms, spa, and a 25m indoor lap pool • The finest billiards room in Canada • Formal and informal dining

future lunch purchases AND be informed of all CBABC

Call Hal Ruppe at the Terminal City Club for further

special promotions, such as Disney on Ice and the

details, 604-681-2141.

Harlem Globetrotters.

February 2005 BARTALK

CBABC PARTNERS

CLE Update

The â€˘

Continuing Legal Educati

Society of British Columbia

CLASS ACTIONS IN B.C.: 10TH ANNIVERSARY On February 25, 2005, CLE will mark 10 years of the Class Proceedings Act with the course Class Actions: lOth Anniversary Platinum Edition Collectors' CLE. Course chair Ward Branch, of Branch MacMaster, a panel of experienced litigators and judges will review the impact of class actions on the legal landscape. T will provide strategic guidance and practical tips on working through the life cycle of a class action: from id tifying cases appropriate for a class action to taking the case to trial. Topics of special interest include part ing arrangements between firms working on class actions, arbitration clauses, industry class actions, and dement structures. CLE COURSES Business Basics Workshop #1: Business Establishment & Financing, February 24, Vancouver Class Actions: The lOth Anniversary Platinum Edition Collectors' CLE, February 25, Vancouver The New Administrative Tribunals Act, March 3, Vancouver Business Basics Workshop #2: Buying and Selling a Business, March 10, Vancouver Business Basics Workshop #3: Shareholder Agreements, March 24, Vancouver

.....

~ BRITISH COLUMBIA COURTHOUSE LIBRARY SOCIETY

Practice Directions

LawSource Available in the Vancouver Courthouse Library

AFFIDAVITS November 22, 2004- Some concern has bee n expresse d wit h respect to affidavits that have been filed where it is impossible to identify the commissioner before whom the affidavit has been sworn. When a commissioner applies only his or her s ignature to the jurat, there is no means of clearly identifying the commissioner should a que tion arise about the circumstances under which th affidavit was sworn . Many commissioners apply a stamp below the ir signatures which indicates their name a nd co ntact information. This practice is encouraged .

BCCLS has negotiated a new contract with Carswell to enable the Society to provide free access to LawSource on any of the 14 public access computers in the Vancouver Courthouse Library. This service became available on February 1, 2005 . LawSource has been available in all other courthouse libraries with computers since April, 2004. Training sessions are being provided during February in the Vancouver Courthouse Library. Notice of the training sessions is posted on the BCCLS website and in the Vancouver Courthouse Library. Training is free but please register in advance. For more information or to register for a training session, please ask at the reference desk, or phone 604-660-2841 (e-mail bccls@bccls.bc.ca). BCCLS courses can be listed as professional development in completing your annual report to the Law Society. A LawSource training session IS one hour of structured coursework.

BARTALK February 2005

Effectively immediately, affidavits prepared for fi ling in Sup reme Court must include the name, leg ibly typed or written, of the commissioner befor whom the affidavit was sworn as part of the jurat i addition to the signature.

STANDARD DIRECTIONS FOR SMALL CLAIM APPEALS November 22, 2004- Th is Practice Direction replaces that issued on August 11, 1997. The Practice Direction is available at www.courts.gov.bc .ca/sc.

Dial-A-Law Available in English, Punjabi and Chinese Dia l -A-Law is a 128-script library that addresses a wide

???????? • • • • • • • • Service of Documents on the Federal Crown

range of legal issues. Scripts

Q: Where should I serve originating documents on the Federal Crown

are available by te lephone and

in cities without a regional office?

online [www.cba.org/bc]. Last year more than 60,400 people

A: Proceedings against the Federa l Crown in a provincial superior court

accessed the service, which is

are governed by the Crown Liability and Proceedings Act and its

available in English, Punjabi

Regulations . Pursuant to section 4 of the Regulations, originating

and Chinese. Sets of scripts

documents are served on the Federal Crown by serving the Deputy

are available for purchase, pro-

Attorney General at t he office of t he Deputy Attorneoy General in Ottawa

viding current general informa-

or, for B.C ., by serving the Senior Regional Director of t he Department

ti on on various legal topics .

of Justice·s B.C. Regiona l Office [D epartme nt of Justice Canada, B.C,.

Dial-A-Law is funded by the

604-666-20611.

Regiona l Office , 900-840 Howe Street, Vancouver, B.C. V6Z 2S9 . Tel : Law Foundat ion of B.C. and administered by the Canadian Bar Assoc iation, B.C. Branch .

In t he Federal Court of Canada or the Federal Co urt of Appea l, Rule 133 of the Federa l Court Rules [1998) provides that persona l ser~ice of an originating document on the Crown , the Attorney Genera l of Canada or any other minister of the Crown is effected by filing of the originating doc ument and two copies of it in t he Federal Court Registry.

Law Courts Education Society's 15th Anniversary The Law Courts Education Society of B.C. celebrated its 15th anniversary at the Law Courts Inn on January 18th. Frits Verhoeven spoke on behalf of the Canadian Bar Association, one of the Society's eight appointing organizations. The Honourable Stephen Owen, QC gave a keynote address, saying, "The justice system as a mediator of conflict has to be seen as redressing imbalances of power." Guests stood to honour the late Aric Hayes, beloved teacher and volunteer, as his mother, Aleta Wallace, accepted the Hughes Award for Access to Justice on his behalf. A silent auction raised more than $2,600 for courthouse programs. The Law Courts Education Society thanks its friends, donors and partners for their ongoing support.

Mr. Justice Will iamson presents the Hughes Award; Aleta Wallace accepts on behalf of the late Aric Hayes .

February 2005 BARTALK

CLASSIFIED ADS

FEBRUARY 2005

PRACTICES FOR SALE Sole practitioner's general law practice. Prime White Rock location . For more information call Bl ake Scott at 604-538-7074 or e-mail blakescott@shaw.ca

SERVICES INTELLECTUAL PROPERTY: Let us assist you in providing protection for your clients. Douglas B. Thompson Law Corporation Registered Patent Agent, Registered Trade Mark Agent. Practise restricted to Intellectual Property. Vi ctoria, B.C . E-ma il : doug@BCpatents.ca (www.BCpatents.ca)

Advertising CLASSIFIED AD RATES CBABC Members/Firms $25 per line Commercial Organizations $40 per line NEXT DEADLINE: March 11

SAN JOSE DEL CABO Condo rental, on beach, $550 U .S. per week. Call 250-338-6744.

$1,200 $2,400

DISPLAY AD RATES 3

2.5

CBABC Members/Firms Commercial Organizations 1/3 Page CBABC Members/Firms Commercial Organizations NEXT DEADLINE: March 11

Free on line hea lthcare pro directories: www.bcphysio.org (click "Find a Physio") and www.massagetherapy.bc.ca

VACATION PROPERTY

INSERT RATES Iall of BCJ CBABC Members/Firms Commercial Organizations NEXT DEADLINE : March 18 NEXT MAILING: AprilS

$450 $750 $1,300 $2.200

A CBABC member firm is defined as a firm in which 50 per cent or more of lawyers are CBABC members. Direct BarTalk advert ising inquiries to : Sandra Webb , BarTalk Editor Tel: 604-646-7856 Toll free: 1-888-687-3404 , ext. 318 E-mail: cba @bccba .org

AT ODDS WITH OPPOS ING COUNSEL? T he Member Dispute Resolution Service delivers ed ucation & coaching conflict/dispute resolution services lawyers with conflicts/d isputes with other lawyers or staff. Call604-646-7864 or visit www.cba.org/bc (under "Practice Resources").

SHIELDS HARNEY LITIGATION AND DISPUTE RES OLUTION Shields Harney is a progressive commercial law firm with offices and lawyers in Vancouver and Victoria. Shields Harney provides legal services to a range of reputable and established local, provincial and national businesses and organ izations. The firm seeks two recently called lawyers to join and g row with our team, based out of Victoria, but wi th the ability and inclination to travel frequently to Vancouver. Compensation will be very competitive with substantial performance incentives. The practice area is primarily commercial litigation, wi th some potential to do a smaller component of corporate/commercial work compl imentary to the commercial litigation (i.e., franchising, leasing, commercial agreements). Respond to Greg Harney (gharney@shieldsharney.com) 6th Fir, 844 Cou rtney St., Victoria, V8W IC4 F: 250-405-76 19 9th Fir, 1285 W. Pender St., Vancouver, V6E 481 F : 604-682- 1822 www.shieldsharney.com

Practice Restricted To WCB Sec. 257 Determinations, Opinions and Court Applications on referral

.-----604-267-3033------, • Claims and appeals • Vice Chair at Review Board for 6 years • More than 25 years personal injury litigation

'----Vahan A. Ishkanian -----' Barrister & Solicitor Cell 604-868-3034 Fax 604-264-6133 vishkanian@pepito. ca

WHAT'S IN IT FOR ME? The free Service can introduce you to potential clients.

You are invited to participate in this service. WHAT IS IT? The Lawyer Referral Service (the "Service") is an initiative which enables members of the public to access lawyers practising in the field of law required for their particular situation, and provides the opportunity to have an initial consultation with a lawyer for up to 30 minutes for $25 plus taxes . After the consultation, the fees to be 'charged are strictly between the lawyer and the client. The lawyer is not obliged to accept the applicant's case and the applicant is under no obligation to retain the lawyer.

BARTALK

February 2005

HOW DO I SIGN UP? A registration form is posted at www.cba.org/bc in the "Initiatives" area for CBA members. Lawyers who are not CBA members may request a form by calling the number below. FOR MORE INFORMATION, CONTACT: Lorna O'Grady, Lawyer Referral Supervisor Tel: 604-646-7858 (lawyerreferra l @bccba .org) Toll-free: 1-888-687-3404, ext. 309 Funded by the Law Foundation of B.C.