In efforts to reduce costs and by sdaferv

VIEWS: 106 PAGES: 12

									 Issue 77                                                                                              November 2002


                                                 Core documents to be provided on-line
   Inside
                                            By Eileen Dooley, Communications Director


   President’s Message

   Volunteers make Bar
                                       2
                                            I  n efforts to reduce costs and
                                               deliver products in an efficient
                                            manner, the LSA will no longer be
                                                                                        grows each year, this cost will only
                                                                                        increase.

   Admission Course possible           3    mailing copies of the Legal                 “The LSA is committed to keeping
                                            Profession Act, the Rules and the           membership dues as low as
   Law Libraries launch ALLi-CAT       4    Practice Guide to the membership.           resonably possible and using these
                                            This includes any revisions to              dues for matters that are in the
   Volunteers needed at ECEJ           4
                                            these core documents. The Code              best interest of the membership
   Phase two of Rules Project          5    of Professional Conduct will                and the public,” said Ken.
                                            continue to be mailed to members
   Lawyers needed for environmental         as revisions occur.                         A note will be placed on the LSA’s
   law matters                      6                                                   home page indicating when a
                                            Current versions of these                   change has been made to a core
   Changes to articling rules          6    documents may be downloaded                 document. The note will link
                                            from the LSA’s website at                   directly to the document that the
   Technology decisions                7
                                            www.lawsocietyalberta.com and               member needs to download.
   Children’s legal services pilot     8    members are encouraged to use
                                            this communications vehicle on a    The LSA website will be rebuilt over
   Western law societies                    regular basis to retrieve important the next several months, allowing
   conveyancing project update         9    LSA information.                    for easier navigation of the site.
                                                                                This enhancement includes building
   Viscount Bennett award winners      10
                                            “This is an important step to       an infrastructure that eventually
   Social studies resource manual      10   support the LSA’s efforts to reduce allows the LSA to email all
                                            costs, streamline processes and     members to notify them of core
   Rule 601 reminder                   10   keep member fees down,” said        document changes and other
                                            Ken Nielsen, QC, President. “In     matters.
   Gap narrowing between lawyers            order to make this important policy
   and agents                          11   decision successful, everyone must Members may request a paper
                                            participate and embrace this        copy of a core document revision,
   30 years of service to profession   12
                                            change as a demonstration of best or a soft copy on CD Rom by
                                            practices in today’s information    contacting the LSA central records
                                            world.”                             department.

                                            Printing and mailing the core
                                            documents, except the Practice
                                            Guide, costs the LSA almost
                                            $60,000 per mailing, not including
                                            staff time. As the membership

NOVEMBER 2002                                      BENCHERS’ ADVISORY                      THE LAW SOCIETY OF ALBERTA          1
                                                President s Message
    By Ken Nielsen, QC, President, Law Society of Alberta



    T    he 2002-2003 LSA budget was
         on the minds of all benchers at
    the October convocation.
                                               committee report form, which
                                               includes all areas that need to be
                                               addressed when writing a report.
    Numerous items were considered,            This standard form will help           The LSA and the public had a
    following a lengthy and extremely          benchers write reports in a            major win on September 12 when
    thorough budget preparation                coherent manner, which will assist     the Supreme Court of Canada, in
    process.                                   all audiences in reading the           R. vs. Lavallee, Rackel & Heintz,
                                               reports.                               Barristers and Solicitors, and
    Of note was the consideration of                                                  Andrew Brent Polo, ruled that
    third party ‘grants’, which are            The LSA has appointed Alain            section 488.1 of the Criminal Code
    funds provided to other                    Hepner, QC and Jim Peacock, QC         of Canada was unconstitutional.
    organizations to fund various              to sit on the provincial committee     This decision came after a lengthy
    programs. These third parties              established to discuss the Calgary     court case, in which the LSA was
    include the Alberta Law Review,            courthouse project. There will be      an intervener.
    the Federation of Law Societies of         a further report on this matter in
    Canada and the Canadian Bar                a future issue of the Benchers’        The Supreme Court ruled that a
    Association - Alberta Branch. To           Advisory.                              client’s rights can be violated when
    ensure that members’ dues are                                                     the police seize files from a law
    spent responsibly and in the best          During last August’s meeting of        office for an investigation. The
    interests of the member, the LSA           the Federation of Law Societies of     client and lawyer, if unavailable at
    has established a task force to            Canada, a draft national mobility      the time, may not know these
    review all third party funding and         agreement was approved in              files have been seized and opened
    to make recommendations to the             principle by all provinces and         for an investigation. As the files
    benchers for the 2003-2004                 territories. The agreement is now      seized may contain privileged
    budget discussions. For more               to be taken to all law societies for   information, this action can violate
    information on this issue, contact         approval by their benchers. In         a client’s right to confidential,
    Peggy Stevenson, controller, at            Alberta, there are several issues      protected communications with
    403-229-4709.                              that are still under consideration     their lawyer.
                                               before the national mobility
    Adjustments to the draft budget            agreement is signed.                   The decision reaffirms the
    will be made and the final draft will                                             fundamental right to lawyer-client
    be presented for a final review            Although an order was granted on       confidentially. Parliament may
    and approval at the November               June 12 exempting lawyers from         consider drafting new legislation,
    convocation.                               reporting suspicious transactions      but in the meantime, a series of
                                               and large cash transactions,           guidelines were imposed by the
    Tremendous efforts are being               lawyers are not exempt from            Supreme Court in the decision to
    made to improve the LSA’s                  cross-border reporting regulations,    ensure the rights of the client are
    hearing committee report writing.          which is part two of the Proceeds      protected. These guidelines
    During convocation, a workshop             of Crime (Money Laundering) and        include sealing all documents
    was held for benchers to address           Terrorist Financing Act. The           seized from a law office for
    these matters. Alberta Court of            regulations were published in the      inspection of confidential
    Appeal Justice, and former LSA             Canada Gazette on June 22 and          information by the court. If
    president, Neil Wittmann, made a           will come into force at a later        documents are determined to be
    presentation to the benchers on            date.                                  privileged, they are to be
    how to write clear, consistent and                                                immediately returned to the
    concise reasons. Larry Anderson,           Be sure to check the LSA website       lawyer or client.
    chair of the conduct committee,            at www.lawsocietyalberta.com for
    introduced a standardized hearing          updated information about money        continued on page 3
                                               laundering.
2     THE LAW SOCIETY OF ALBERTA                       BENCHERS’ ADVISORY                                   NOVEMBER 2002
          The Law Society of Alberta
           #600, 919 - 11th Avenue S.W.
            Calgary, Alberta T2R 1P3
                                                                  President s Message...continued
            Telephone (403) 229-4700
             Toll free 1-800-661-9003                  The judgment in the case can be            best practices. I urge you to
               Fax (403) 228-1728
                                                       found on the Supreme Court’s               access the website for all core
                                                       website at www.scc-csc.gc.ca.              documents and resources
                  The Benchers
                                                                                                  available on the LSA website.
           Ken Nielsen, QC - President                 Finally, please note the importance
      Cheryl C. Gottselig, QC - President Elect
                                                       of the cover story about
                 Tudor Beattie, QC
                Tracy Brennan, QC
                                                       communication of LSA documents.
                Everett Bunnell, QC                    This is a very important step for
                 Mona Duckett, QC                      the LSA in efforts to keep costs
               Charles Gardner, QC                     down and to provide members
              Larry G. Anderson, QC                    with timely relevant information
                 John Holmes, QC                       that demonstrates efficiency and
                  Perry Mack, QC
             Douglas McGillivray, QC
                Vaughn Myers, QC
                Bradley Nemetz, QC                          Volunteers make Bar Admission Course possible
                 Jim Peacock, QC                       By Jessi-Ann Riddell, Communications Assistant
                Brian Peterson, QC
                 John Phillips, QC
                  June Ross, QC
              Rhonda K. Ruston, QC
                                                       M    ore than 400 Alberta lawyers
                                                            volunteer their time every
                                                       year to instruct law students at
                                                                                                  both Edmonton and Calgary.

                                                                                                  The next five-week session for
                  Norma Sieppert                       the Alberta Bar Admission Course.          the 2002-2003 year is offered
                W. Paul Sharek, QC                                                                from January 13 to February 14,
                Yvonne A. Stanford                     Volunteers make the course                 2003 and then again from March
                   Morris Taylor                       possible by teaching classes and           10 to April 11, 2003. Lawyers
             Juliana E. Topolniski, QC                 helping to write and edit course           interested in volunteering can
                    Wilfred Willier
                                                       materials. Joan Copp, Director,            contact Joan Copp at
                 Administration                        Bar Admission Training, notes that         coppj@lesa.org. For more
        Don Thompson, Executive Director               one of the key strengths of the            information visit the Legal
      Jim Stevens, Deputy Executive Director           course is that “students learn             Education Society of Alberta
         Lindsay MacDonald, QC, Counsel                from lawyers who actively practise         (LESA) website at www.lesa.org.
             Complaints Coordinators:                  in their area of instruction.”
         Maurice Dumont, QC (Edmonton)
            Katherine Whitburn (Calgary)               The volunteers’ legal expertise
     Barbara Cooper, Practice Review Director
                                                       ensures that the students receive
                Steven Dyer, CFO
                                                       current, applicable and practical
         Barry Vogel, QC, Practice Advisor                                                          Common Law Common Good
      Paul McLaughlin, Practice Management             knowledge. As a side benefit,
      Eileen Dooley, Communications Director           having so many volunteer                          Common Wealth
                                                       instructors makes the course one
    Alberta Lawyers Insurance Association              of the least expensive bar
       Sarah J. Brickett, Director of Insurance        admission courses in Canada.                     13th Commonwealth Law
     Claims - Margaret Bayerle, Colleen Beatty,
  Trevor Bozzer, Jackie Hickey, Bill Little, Georges   The course runs for eight weeks
                                                                                                            Conference 2003
              Tambay, Nancy Stenson
               Inquiries - June Fenton
                                                       during which volunteers teach                           April 13-17
                                                       students legal skills for three
                                                       weeks and provide core practice
                                                                                                             Melborne, Australia
                                                       area instruction for five weeks.
                                                                                                            www.mcigroup.com/
                                                       For their convenience, students
                                                       are offered the three and five                    commonwealthlaw2003.htm
                                                       week sessions twice per year in
NOVEMBER 2002                                                BENCHERS’ ADVISORY                         THE LAW SOCIETY OF ALBERTA   3
                          Law Libraries launch ALLi-CAT
    By Mona Pearce, Chief Librarian


    O    n November 4, the Law
         Society Libraries launched
    ALLi-CAT, a new integrated library
                                            software applications, contracts
                                            for staff access to Lexis-Nexis
                                            QuickLaw and QPSource have
    system, which provides immediate        been negotiated and staff trained
    remote access for members to            to use them.
    view their library account, renew                                              For further information, please
    book loans, place book                  These technology initiatives were      contact Mona Pearce, Chief
    reservations, and check the status      funded by the Alberta Law              Librarian at 780-422-1001 or visit
    of loans and requests.                  Foundation, who provided a             the catalogue at
                                            $530,000 project grant, the Law        www.lawlibrary.ab.ca.
    The new system also provides the        Society of Alberta, who provided a
    legal profession with desktop           $75,000 project grant, and Alberta
    access to the Libraries’ collections.   Justice, who provided all technical
    Enhancements available in the           expertise and support.
    future include the electronic ability
    to order documents for delivery
    and ask reference questions,
                                                            Volunteers needed at the ECEJ
    cataloguing of web-based sources
    of legal information and the
    simultaneous searching of remote
                                            T   he Edmonton Centre for Equal
                                                Justice is expanding its evening
                                            legal clinics to two evenings per
                                                                                   John Henderson, partner at Fraser
                                                                                   Milner Casgrain and an ECEJ
                                                                                   volunteer lawyer says that it is
    databases.                              week to accommodate the                very good experience for all
                                            demand for legal services from         practitioners to provide this pro
    With the launch of the new              Edmontonians with low incomes.         bono legal service: “It’s good to
    system and in response to               To meet the demand, the ECEJ is                              know what
    suggestions made by the                 hoping to double its volunteer                               issues and
    profession in a recent user             lawyer roster. Currently, 40                                 concerns are
    survey, book loan periods have          lawyers from the Edmonton legal                              confronting
    been extended. Textbooks can            community have volunteered to                                people in
    now be borrowed for 14 days with        provide pro bono advice one                                  their everyday
    an additional 14-day renewal, and       evening per month.                                           lives. Most of
    the loan period for periodicals and                                                                  the issues are
    law reports has been extended         Volunteer lawyers are provided                                 minor legal
    from three days to one week.          with orientation and training prior      John Henderson        issues and are
                                          to meeting with clients. At the                                easily dealt
    The implementation of ALLi-CAT        evening clinics, the volunteers          with by a volunteer lawyer in the
    continues the Libraries’              meet with the clients, assess the        clinic environment. These issues
    commitment in its strategic plan to legal issues and in most instances,        however, are of great importance
    facilitate access to the rapidly      provide summary legal advice. If         to the clients of the clinic who
    expanding global collection of        the circumstances are warranted,         otherwise would not have access
    digital sources of legal information. the volunteer may refer the client       to the legal advice to solve their
    ALLi-CAT also optimizes the use of for follow-up by the staff lawyer           legal problems.”
    technology to provide equitable       or, if appropriate, to another
    services to both urban and rural      agency for assistance. ECEJ staff        For more information on
    practitioners. Over the past year,    lawyer Andrew Bachelder came on          volunteering with the ECEJ contact
    the Libraries’ technology             board in September of this year to       Andrew Bachelder (ext. 105) or
    infrastructure has been upgraded      provide the ongoing legal services       Blair Coulter (ext. 103) at 780-
    with new computers, printers and      to the clients of the clinic.            702-1725 or call John Henderson
                                                                                   at 780-423-7320.

4     THE LAW SOCIETY OF ALBERTA                   BENCHERS’ ADVISORY                                 NOVEMBER 2002
             Phase two of consulations begin for the Rules Project
 By June Ross, QC and Cynthia Martens, Alberta Law Reform Institute


 T   he Rules
     Project is a
 major review
                                            day time for
                                            defence in
                                                                                     documents in an affidavit of
                                                                                     records with specific rules
                                                                                     • expressly stating the implied
                                            Canada, 45
 of the Alberta                                                                      undertaking of confidentiality of
                                            days in the
 Rules of Court,                                                                     information produced or given
                                            United States
 managed by                                                                          through the discovery process
                                            and 60 days
 the Alberta                                                                         • providing for discovery of
                                            elsewhere
 Law Reform                                                                          persons with the best direct
                                            • providing
 Institute.                                                                          knowledge of corporate matters in
                                            court authority       Cynthia Martens
                           June Ross, QC                                             issue, regardless of their legal
 Over the last year, an extensive                                                    relationship to the corporation
                                            to order service out of Alberta in
 consultation process has taken                                                      • imposing an express duty on
                                            other circumstances.
 place with the Alberta legal                                                        witnesses to inform themselves
 community, producing valuable                                                       prior to discovery
                                            Discovery
 information on guiding the project.                                                 • codifying the method prescribed
                                            • requiring the affidavit of records
 The second stage of consultations                                                   in case law for having the
                                            to be served within a set time
 has begun and the legal                                                             corporate representative adopt
                                            period, but expressly permitting
 community is being asked to                                                         the evidence of others to be read
                                            counsel to agree to other time
 comment on the following                                                            in at trial
                                            lines
 proposals for revising the Alberta                                                  • permitting written interrogatories
                                            • permitting relief from sanctions
 Rules of Court:                                                                     as an alternative to oral discovery
                                            for late filing of an affidavit of
                                            records, with the onus on the            • imposing an ongoing duty to
 Commencement of Proceedings:                                                        correct answers given at discovery
                                            party in default to show why they
 • discarding the petition
                                            should not incur a prescribed
 • dispensing with the special                                                       To provide feedback, by January
                                            penalty
 procedure in rs. 394-395                                                            31, 2003, please call 780-492-
                                            • providing more severe
 • employing the originating notice                                                  5291, email
                                            consequences for failing to
 in 3 situations:                                                                    reform@alri.ualberta.ca or visit
                                            produce a record
 (1) where a statute or rule                                                         www.law.ualberta.ca/alri.
                                            • governing the description of
 explicitly or implicitly authorizes this
                                            producible and privileged
 (2) where there is unlikely to be a
 substantial dispute of fact
 (3) where there is no respondent
 • rolling r. 6.1 (place of
 commencement) and r. 237
 (place of trial) into a single
 provision that would contain
 reference to the dual residence of
 parties and the location of land                          Barry Vogel, QC                    Paul McLaughlin, MA, LLB
 • providing for an alternative form                       Practice Advisor                 Practice Management Advisor
 of personal service on individuals                    919 - 11th Avenue S.W.                   Scotia Place Tower 2
 at their residence, without the                              Suite 600                      201, 10060 Jasper Avenue
                                                      Calgary, Alberta T2R 1P3               Edmonton, Alberta T5J 3R8
 necessity of a substitutional
                                                              229-4714                                429-3343
 service order                                                                                1-800-272-8839 (toll free)
                                                      1-800-661-2135 (toll free)
 • eliminating service by “double                        Fax 1-403-228-1728                      Fax 1-780-424-1620
 registered mail”                                Barry.Vogel@lawsocietyalberta.com     Paul.Mclaughlin@lawsocietyalberta.com
 • permitting service outside the               We travel anywhere in Alberta for personal meetings with members where
 province in r. 30 circumstances                appropriate. All contacts are strictly confidential and services are free.
 without a court order, with a 30
NOVEMBER 2002                                     BENCHERS’ ADVISORY                   THE LAW SOCIETY OF ALBERTA         5
                       Lawyers needed for environmental law matters
    By James Mallet, Staff Counsel, Environmental Law Centre


    T   he Environmental Law Centre
       (ELC) is looking for lawyers
    who are interested in referrals on
                                               contaminated land, air and water
                                               quality, oil and gas development
                                               and intensive livestock operations,
                                                                                      An extensive background in
                                                                                      environmental law is not required,
                                                                                      but a keen interest in the field
    environmental law matters.                 to name a few.                         certainly is. We feel that the more
                                                                                      diverse and complete our referral
    The ELC is an Edmonton based               Due to restrictions imposed by our     list is, the better our clients will be
    non-profit organization that is            funders, our in-house lawyers do       served.
    committed to providing high                not provide legal representation
    quality legal services in                  for our clients. When the need         If you are interested in receiving
    environmental and natural                  does arise, we refer our clients to    referrals on environmental law
    resources law. Our clients include         lawyers who have experience and        matters please contact James
    the general public, non-                   interest in environmental law. In      Mallet at 780-424-5099, 1-800-
    governmental organizations and             an effort to expand our current        661-4238 or by email at
    the business community, among              referral system we are seeking to      jmallet@elc.ab.ca
    others. We regularly receive               locate lawyers across the province
    requests for legal information and         that may be interested in              Further information on the
    advice (over 900 in 2001) on a             representing clients with              Environmental Law Centre at can
    wide range of environmental law            environmental law concerns.            be found at www.elc.ab.ca
    topics, including municipal issues,



     LSA approval no longer needed to take breaks in articling                                  Do you like the
    By Juliana Topolniski, QC, bencher                                                          practice of law?


    S   tudents no longer need
        permission from the LSA to
    take a break in their articles, so
                                               This change allows articling
                                               students to make arrangements
                                               with their principals for parental
                                                                                       The Practice Review Committee is a
                                                                                       new resource offered by the Law
                                                                                       Society of Alberta that focuses on
    long as the articles are completed         leave, leaves of absence and            lawyers, offering peer assistance in
    within two years. This rule                part-time articles without requiring    a safe atmosphere, to help you
                                                                                       realize, with useful solutions, your
    change, effective immediately,             approval from the LSA. In order
                                                                                       practice could be better.
    means that LSA permission is               to be admitted as a member of
    needed only if the student wants           the LSA, students and principals        We welcome your questions and
    to extend their articling period           will be required to keep track of       comments. For more information
    longer than two years. In all              the total articling time to             please contact either
    cases, approval by the student’s           demonstrate that the 12-months                    Barbara Cooper,
    principal is required.                     of articles has been completed                    Ph.(403)229-4720;
                                                                                       Barbara.Cooper@lawsocietyalberta.com
                                                                                                   Merry Rogers,
             LSA Annual Trust Accounting Seminars                                                 Ph.(403)229-4750
                                                                                       Merry.Rogers@lawsocietyalberta.com
                                                                                       Toll Free in Alberta - 1-800-661-9003
           December 6, Edmonton             December 5, Calgary
                              Topics include:
             Books and records required, Trust reconcilliations
          Rules on handling trust funds, Common audit exceptions

                         Go to www.lawsocietyalberta.com
                            for registration information


6     THE LAW SOCIETY OF ALBERTA                        BENCHERS’ ADVISORY                                 NOVEMBER 2002
                   How to make technology decisions
 By Paul McLaughlin, Practice Management Advisor


 T   he pace of radical change in
     legal technology has slowed
 over the past 18 months. The
                                           to manage case information and
                                           trial preparation.
                                           Back-office systems are the
 revolution phase seems to be over         administrative systems, such as
 and we have entered a period of           accounting, billing, conflict searching,   5. What training will we need to do?
 evolution, elaboration and                limitations and deadlines
 consolidation.                            management, etc. that provide              Everyone who uses the new
                                           infrastructure support.                    technology should get training.
 Nevertheless, lawyers need to             To the extent possible, front-office
 continue keeping up on technology.        and back-office systems should             6. In what order of priority should
 Here are the six major questions to       work together.                             we proceed?
 ask when making technology
 decisions in your law practice:           3. What software do we need to             Do not try to do everything at
                                           automate those functions?                  once. Pick the systems that need
 1. What is our vision of the role                                                    upgrading the most and proceed
 technology plays in our practice?         At this point, you will have to do         with them first. Choose projects
                                           some research to identify the              that have a high chance of success
 You will likely have either a high-tech   specific programs available in the         before moving to more difficult
 vision or a mid-tech vision. A high-      legal software market. Help is             projects.
 tech vision involves using technology     available. You can call me. I don’t
 to completely change the way you          keep up with all developments, but         Even though your vision may be
 practice law. Mid-tech means a            I do try to keep track of software         mid-tech, if you proceed in a
 commitment to using technology to         trends generally. I can also refer         careful, orderly, planned fashion,
 perform existing and traditional          you to other resources, such as            you can evolutionize your practice
 functions more efficiently and            books and magazines. You can               to deliver superior client service and,
 effectively. Most lawyers are             consult also one of the growing            at the same time, become more
 comfortable at mid-tech.                  number of a legal technology               profitable.
                                           consultants.
 The high-tech and mid-tech visions                                                               Mentor Program
 are moving targets. What was high-        You may also want to engage in             The Mentor Program operates out of the
 tech a few years ago is mid-tech          some business process analysis at          office of the Practice Advisor. A caller
 now. What is mid-tech in one area         this point to ensure that you get          identifies the area in which he or she
                                                                                      requires help and is provided names
 of practice may be high-tech in           the maximum value from your                and phone numbers of two mentors.
 another.                                  technology spending.
                                                                                      The areas of law covered by the Mentor
 2. What functions do we need to           4. What hardware do we need to             Program are family, criminal, wills and
                                                                                      estates, real property, and civil litigation.
 automate to attain our vision?            run that software?                         The mentors are experienced counsel
                                                                                      in their areas. It is understood the
 Front-office systems are those            The hardware decision is subsidiary        program and the mentors accept no
 used for law practice, such as            to the software decision.                  liability arising from the assistance
                                                                                      given, and users must independently
 document assembly and litigation                                                     verify advice and ultimately use their
 support. The ones you automate            Buying hardware has become much            own professional judgement.
 will depend on the nature of your         simpler over the past decade. For
 practice. If you are a transactional      most people now it’s a matter of           The Mentor Program provides a
                                                                                      valuable service to new lawyers and
 lawyer, you will want to automate         getting a network of PCs and               those who are simply treading in
 document production and project           peripherals with the fastest chips         unfamiliar waters.
 management. If you are a civil            and the largest memory they can
                                                                                      Call 780-429-3343 or toll free 1-800-
 litigator, you should use technology      afford.
                                                                                      272-8839 (outside of Edmonton).

NOVEMBER 2002                                      BENCHERS’ ADVISORY                   THE LAW SOCIETY OF ALBERTA                7
                              Children s legal services pilot project begins
    By Susan Billington, Policy and Programs Counsel


    A   pilot project for legal advice
        and education for children will
    open at Forest Lawn High School
                                                      information to youth through this
                                                      pilot project at Forest Lawn so
                                                      their voices can be heard in
                                                                                                          Sherry Wheeler, Advocate,
                                                                                                          Children’s Advocate Office; and
                                                                                                          Dale Hensley, Lawyer and Chair of
    in November 2002. The Children’s                  matters that affect them. We                        CLERC.
    Legal and Educational Resource                    intend also to confirm our own
    Centre Society has been in the                    experiences of some of the legal                    CLERC is recruiting to their Board
    development stage for several                     needs of young people.” Dale                        of Directors and Legal Advisory
    years after receiving the LSA’s pro               indicates that the range of legal                   Committee. If you are interested
    bono clinic start-up kit.                         matters where children would                        please contact Dale Hensley at
                                                      benefit from legal information and                  403-229-2596. If you are
    CLERC’s goal is to promote and                    advice is quite broad, from their                   interested in the pro bono legal
    advance respect for the rights of                 own unique issues arising in                        clinic start-up kit please contact
    children as proclaimed in the                     access and custody matters to                       Susan Billington at 403-229-4705
    various international legal                       immigration, landlord and tenant,                   or 1-800-661-9003.
    agreements, specifically the                      employment, discrimination and
    United Nations Convention on the                  access to service issues. The pilot
    Rights of the Child. CLERC hopes                  project, which is a first in the city,
    to accomplish this goal in two                    will be staffed by Dale, who will be
    ways: 1) to provide legal advice,                 stepping down as chair in
    assistance, support and                           November 2002.
    representation to children and
    youth; and 2) to offer future     CLERC is the initiative of several
    courses and seminars for lawyers  individuals who are active or
    and others on children’s rights and
                                      interested in the area of services
    child development. CLERC will     to children including: Pamela
    focus its energies in those areas Burke, the Executive Director of
    where children do not have ready  the Burns Memorial Fund; Dr.
    access to legal services.         Dawne Clark, Chair, Child & Youth
                                      Studies, Mount Royal College;
     “Children often need advice,     Cesar Cala, Community Developer
    information and representation in and Lecturer at U of C; Billie                                      Dale Hensley
    the many ways they interface with Shepherd, Instructor (retired),
    the legal system,” said Dale      Early Childhood, Mount Royal
    Hensley, current chair of CLERC.  College; Doreen Saunderson,
    “We will start to provide         Lawyer, Field Atkinson Perraton;



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                                                           Alberta lawyers & their immediate families

        ASSIST is a service, totally separate from the Law Society of Alberta, provided by the Alberta Lawyers’ Assistance Society through Kelly, Luttmer &
        Associates, an independent consulting firm. This service provides free confidential counselling to lawyers and their immediate family on issues such
        as emotional distress, depression, substance and gambling abuse, grief and loss and career issues. Users of the ASSIST program are never
        identified to the Law Society of Alberta.
                                                        Phone: 403-237-8880 or toll free 1-800-461-8908




8     THE LAW SOCIETY OF ALBERTA                                BENCHERS’ ADVISORY                                                  NOVEMBER 2002
                 Western law societies conveyancing project update
 By Susan Billington, Policy and Program Counsel


 R   eports from members at
      recent meetings of the north
 and south CBA Real Property
                                            If you are considering talking to a
                                            lender about adopting the Protocol
                                            and require any information to
                                                                                        system is maintained. The
                                                                                        benchers and the profession
                                                                                        express their appreciation for
 subsections indicate that real             support your efforts please do not          Jack’s tireless efforts on behalf of
 estate practitioners across the            hesitate to call Susan Billington at        real estate practitioners across the
 province are increasingly using the        403-229-4705 or toll free at 1-             province.
 Western Law Societies                      800-661-9003.
 Conveyancing Protocol in the
 closing of residential real estate         Jack Dunphy, QC will be stepping
 transactions. Acceptance of the            down as chair of the committee.
 Protocol by others in the real             Jack has provided leadership to
 estate industry is also happening.         the Alberta conveyancing advisory
                                            committee for over five years.
 Earlier this year, Canada Mortgage         Jack has also served as the Chair
 and Housing Corporation and GE             of the western law societies
 Capital Mortgage Insurance                 committee which was responsible
 Canada confirmed their                     for implementing the Protocols
 acceptance of protocol closings            across the West. Jack is very
 across Western Canada. Lenders             supportive of the ongoing work of
 who have approved the Protocol             both committees as he believes it
 are ATB Financial, Canadian                is in the best interest of the public
 Western Bank, Manitoba Credit              and the profession that lawyers
 Union Central and several credit           continue to act for their clients in
 unions across the west, Investors          residential real estate transactions.
 Group and London Life.                     Further, he says the committee’s
 CitiFinancial continues to use             work is important to ensure that
 lawyers on the Protocol on                 the integrity of the land titles      Jack Dunphy, QC
 brokered mortgages across
 Alberta.

 Members of the Western Law
 Societies Conveyancing Project
 continue their discussions with
 other lenders to move the
 Protocol forward. The recent
 successes have largely resulted
 from the efforts of individual
 lawyers who have a relationship
 with a lender client and have
 recommended the Protocol as a
 safe and efficient way to serve
 their clients’ interests.



                                            Principals of articling students had an opportunity to gather and share experiences
                                            during a reception held at the Law Society of Alberta in Calgary on September 26
                                            (photo) and in Edmonton on September 19. The event was hosted by the LSA’s
                                            credentials and education committee.

NOVEMBER 2002                                      BENCHERS’ ADVISORY                      THE LAW SOCIETY OF ALBERTA             9
                                 2002 Viscount Bennett Award Winners
     By Jessi-Ann Riddell, Communications Assistant


     A   lberta graduate students Kevin
          Brosseau, Richard Jochelson,
     Christopher Sprysak, and Andrew
                                                Christopher
                                                Sprysak, CA,
                                                obtained a
                                                                                       Andrew
                                                                                       Wilson
                                                                                       obtained a
     Wilson were the recipients of the          Bachelor of                            Bachelor of
     Law Society of Alberta’s 2002              Commerce from                          Arts from the
     Viscount Bennett Scholarships.             the University                         University of
     The scholarships are funded from           of Alberta in                          Waterloo in
     a trust fund established with a gift       1992, a                                1998, a
     from the Honourable Viscount               Bachelor of                            Bachelor of
     Bennett, PC, KC, LLD, DCL. The             Laws from the University of Alberta    Laws from Dalhousie University in
     annual awards for postgraduate             in 1998 and is currently attending     2001 and is currently attending
     studies in law are presented to            New York University.                   Cambridge University.
     individuals dedicated to their
     community and profession, and
     who wish to further their legal              Alberta Justice creates social studies resource manual
     education.

     Kevin Brosseau obtained a
                                                A    lberta Justice has created a
                                                      high school resource manual
                                                aimed at increasing public
                                                                                       Each section of the manual
                                                                                       includes lesson plans, information
                                                                                       sheets, in-class activities,
     Bachelor of                                awareness and understanding of         assessment criteria, a glossary,
     Arts from the                              the justice system. The manual         and a list of websites for further
     University of                              will be sent to social studies         information. The manual provides
     Alberta in                                 department heads at high schools       information on constitutional
     1988, a                                    across the province in October.        justice and the Charter of Rights
     Bachelor of                                                                       and Freedoms, aboriginal justice,
     Laws, with                                 Produced in consultation with          criminal justice, civil and family
     distinction,                               Alberta Learning, and reviewed by      justice, and youth justice.
     from the                                   teachers through a series of focus
     University of                              groups, the manual was                 For more information contact:
     Alberta in 2001                            developed as a supplementary           Jennifer Peterson, Education
     and is currently enrolled in the LLM       resource for grade 10 social           Coordinator at 780-427-8530 or
     program at Harvard Law School.             studies teachers. The manual           visit the Alberta justice system
                                                integrates information about the       website at www4.gov.ab.ca/just/
     Richard Jochelson obtained a               justice system with existing           lawu/justandyou.html
     Bachelor of                                curriculum content on citizenship in
     Science in                                 Canada.
     Zoology in
     1995, a                                     Reminder of Rule 601: Discretion to Vary Schedule ‘C’ Costs
     Bachelor of
     Laws at the
     University of
                                                 W    here counsel think that
                                                      Schedule ‘C’ costs are
                                                inappropriate, they should
                                                                                       This reminder from the Rules of
                                                                                       Court Committee arises from
                                                                                       consultation with the Bench and
     Calgary and is                             consider asking the Court to           Bar in which concerns were raised
     currently                                  exercise its discretion under Rule     that Schedule ‘C’ costs may
     enrolled in the                            601 to vary the costs. Proposing       discourage worthy litigants,
     LLM program at                             reasonable costs will assist the       particularly in cases where the
     Harvard Law School.                        Court in determining                   amount at issue is not great and
                                                the level of indemnity that            in some family law matters.
                                                Schedule ‘C’ would provide and
                                                whether to exercise the Rule 601
                                                discretion.
10     THE LAW SOCIETY OF ALBERTA                      BENCHERS’ ADVISORY                                 NOVEMBER 2002
                      Gap narrowing between lawyers and agents
 By Everett Bunnell, QC, bencher


 A    non-lawyer is speaking to a
      Crown prosecutor, attempting
 to reduce a client’s penalty for
                                         committee responds to all
                                         complaints, most of which are
                                         from lawyers and judges regarding
                                                                                 In summary, the gap separating
                                                                                 lawyers and agents is narrowing.
                                                                                 Although the LSA and the judiciary
 speeding. The client also has a         representations in criminal or          are taking steps to ensure that
 Criminal Code obstruction charge,       quasi-criminal hearing matters.         clients are aware of the
 and the non-lawyer is dealing with      The LSA investigators will respond      differences between lawyers and
 this matter as well. The Crown will     to complaints of Criminal Code          agents, lawyers have a
 not excuse the criminal matter so       representations and have in the         responsibility as well. When in
 the agent enters a not guilty plea,     past spoken to the agents to            consultations with a client, it is
 a trial is granted and the non-         advise them that while the right to     important to point out that:
 lawyer indicates that he is “agent”     appear is protected in the Criminal
 for the accused. The non-lawyer         Code, the practice of law is still in   1. Lawyers are trained in law and
 seems to be practising law.             the domain of lawyers, with the         regulated for responsible client
                                         noted exceptions.                       service.
 The LSA’s unauthorized practice                                                 2. Lawyers have a governing
 committee is frequently dealing         Provincial court judiciary, like the    body, which can discipline lawyers
 with this type of situation. Ten        LSA, is entrusted with the public       for professional misconduct.
 years ago, use of a non-lawyer or       interest in mind and has taken          3. Lawyers carry errors and
 ‘agent’ was only for highway            some positive steps by developing       omission insurance.
 traffic matters. The committee is       a legal agent protocol to ensure        4. A client has the right to have
 now seeing agents representing          awareness and protection of the         the lawyer’s bill reviewed, at no
 people charged with summary             public. A number of guideline           cost, and where appropriate,
 conviction Criminal Code offences.      questions have been drafted to          reduced.
 There is a fine line defining the       ensure persons represented by an        5. The LSA has an Assurance
 practice of law and judges and          agent are aware that the agent is       Fund to cover loss of client trust
 lawyers are taking steps to             not legally trained, that the           funds.
 address this matter.                    accused person does not have
                                         the protection they would if they       All efforts made will ensure that
 The Legal Profession Act prohibits      were represented by a lawyer, as        the public is aware that an
 anyone other than an active             well as a host of other questions.      independent, regulated legal
 member of the LSA from                                                          profession is designed solely to
 practising law (S 106(1)). There                                                protect the public interest.
 are, however, exceptions. With
 respect to appearing on traffic
 matters, legislation expressly
 permits agents to act for a client
 (Provincial Offences Procedures
 Act, S 27(1)).

 The provincial government also
 hires non-lawyers to prosecute
 traffic matters as well as provincial
 statutory offences and the
 Criminal Code allows accused
 persons or their agents to
 examine/cross-examine witnesses
 on summary criminal conviction
 matters for a fee (S 802(2)).
 The LSA’s unauthorized practice
NOVEMBER 2002                                  BENCHERS’ ADVISORY                  THE LAW SOCIETY OF ALBERTA        11
                          Members recognized with 30 years of service
     By Jessi-Ann Riddell, Communications Assistant


     C   ongratulations to the following members of the Law Society of Alberta who have achieved 30 years of
         service in the legal profession. These members recieived a 10-karat gold recognition pin and a
     congratulatory letter from Ken Nielsen, QC, President of the LSA, in acknowledgement of their outstanding
     contribution to the administration of justice, the legal profession, and to the public.

     If you have been an active member of the LSA for 30 years or more and have not yet received a pin,
     please contact Jessi-Ann Riddell, communications assistant, at 403-229-4779 or at
     Jessi.Riddell@lawsocietyalberta.com.

     Robert W. Anderson                         James A. Karras              Nicolass P. Riebeek
     Douglas A. Ast                             David John Karvellas, QC     Terry B. Roberts, QC
     Franklin T. Bailey                         John E. Klinck, QC           Alexander K. H. Rose, QC
     Raymond J. G. Baril, QC                    Peter Knaak, QC              James W. Rose, QC
     John D. Boulton                            Allan M. Kolinsky, QC        David S. Rowand
     Thomas H. Chapman, QC                      John E. Lee                  David L. Schwartz
     Peter V. Combe                             Harold W. Lemieux            James R. Scott
     William T. Corbett, QC                     Raymond E. Lilburn           William L. Severson
     Richard M. Craddock, QC                    Valerian J. Lopatka          Murray Sigler
     Robert H. Davidson, QC                     Malcolm I. MacKenzie         Walter S. Soboren
     John E. Davison, QC                        Donald S. MacKimmie, QC      Haruji Suga
     Gerry G. Dobko, QC                         John C. MacLean, QC          Brian S. Sussman
     Olga O. Dobrowney                          Lloyd E. Malin, QC           Peter P. Taschuk, QC
     Simen Fialkow                              Allan L. McLarty, QC         Robert H. Teskey, QC
     David H. Field                             Roderick J. McLeod, QC       David G. Tettensor, QC
     Russell A. Flint                           Craig R. Meyers, QC          Brian W. L. Tod, QC
     Cheryl C. Gottselig, QC                    Bruce E. Mintz               Douglas B. Todd
     Daniel W. Hagg, QC                         Hugh D. Montemurro, QC       Harry D. Wasden
     Frederick R. Haldane, QC                   Walter A. Moskal             James A. Watson
     Arvid N. Hallgren, QC                      Neil W. Nichols              Garry G. Wetsch, QC
     Charles R. Hilborn, QC                     James R. Nickerson           James K. Wheatley, QC
     Ronald G. Hopp                             Robert B. Nigro              Robert B. White, QC
     John D. Jenkins                            Roland P. M. North, QC       Hugh D. Williamson, QC
     Timothy R. Jervis                          James H. Odishaw             Richard A. Wilson, QC
     Roger L. Jewitt                            Richard A. Pashelka          Donald D. Wittman
     Alan B. Jones                              William G. Patrick           Janice M. V. Zaharko, QC
                                                Percy C. Pyra                Leonard M. Zenith




12     THE LAW SOCIETY OF ALBERTA                     BENCHERS’ ADVISORY                        NOVEMBER 2002

								
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