Agenda Items for the Meeting of the Benchers April by inthefire

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									            Agenda Items for the Meeting of the Benchers
                      April 17th and 18th, 2008
                Inland Terminal Room, Weyburn Inn
                            Weyburn, SK

1.    CALL TO ORDER

2.    APOLOGIES FOR ABSENCE

We have received apologies for absence from Brent Cotter, Q.C., Steve McLellan, Sue
Baer and Deb Schmidt.

3.    ACCEPTANCE OF AGENDA

4.    ITEMS TO BE CONSIDERED IN CAMERA

5.    ADOPTION OF MINUTES (dated February 7th and 8th, 2008)

6.    MATTERS ARISING FROM THE MINUTES

7.    AGENDA ITEMS FOR DISCUSSION AND DECISION

      i.     Audited Financial Statements

Attached are the audited financial statements for the Law Society for the year 2007 and
an Audit Completion Report prepared by our auditors, Virtus Group. The audited
financial statements may be considered in conjunction with the Executive Director’s
report on the financial statements.

      ii.    Appointments

             a)     Law Foundation Appointee

     The applicants for the Law Foundation are listed in the attached memo.

             b)     Q.C. Committee

     The tradition is that the past President and two other Benchers who have a Q.C.
     appointment are selected by the Benchers to become members of the committee.
     The Executive discussed the merits of both continuity of membership and adding
     some new blood. The recommendation is to appoint Alma Wiebe, Q.C. who sat on
     last year’s committee for continuity and Paul Korpan, Q.C., for the new blood.

             c)     Review Committee – Dean of the College of Law

     The Law Society was asked to appoint a representative to the committee
     reviewing the Dean of Law for another term. The appointment was required by
     March 7, 2008. The Executive appointed Rick Danyliuk, Q.C.
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     iii.    Equity

Attached is a report from Judy Anderson.

The report proposes four projects for the upcoming year. The Executive endorsed the
strategic plan, but would also like to see additional thought given to a program for
Aboriginal lawyers.

For this meeting, the Benchers should review the strategic plan and if they are in
agreement, the plan should be adopted in principle. There is some additional work to
do before each of the four recommendations can be adopted as follows.

             a)      Accommodation Policy

     I have asked Eileen Libby to review the accommodation policy because of her
     expertise in the area and provide an opinion to the Benchers. Unfortunately,
     because of vacation plans, her report cannot be on the agenda before June
     Convocation.

             b)      Collection of Data

     Collection of data will be implemented in conjunction with Judy Anderson. The
     Law Society has requested Judy to provide more detail on the information she
     needs. We will then have to consider how we best implement both the data
     collection and the data analysis. Unfortunately, our membership database does
     not accommodate fields for collection of this data.

             c)      Equity Template

     This is a Canadian Bar Association initiative. We will be contacting the CBA to
     determine their plan for the rollout of the program and whether they require any
     assistance or support from the Law Society.

             d)      Accessibility Initiative

     Judy will continue to deal with the Canadian Paraplegic Association to design a
     program, which is available for law firms and is affordable. At this point, it's difficult
     to determine the potential cost without knowing the demand. We are
     recommending several pilot projects to determine demand and will consider the
     project at a later date to determine funding.

     iv.     Trustee

The attached agreement to provide trustee services to the Law Society terminates June
30, 2008.

Several initiatives may affect our need for a trustee. The trusteeship process is being
reviewed. In addition, we continue to work on successorship planning.
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The agreement was instituted following the Cam Partridge estate. The LSS had also
experienced a costly period as follows:

                                                          $
                       1.   Lamontagne                 150,000.00
                       2.   Bomek                        3,836.00
                       3.   Robertson                   60,255.00
                       4.   Wasylyshen                  32,328.00
                       5.   Rault                        7,380.00
                       6.   Peet                        64,824.00
                       7.   Partridge                  129,662.00
                       8.   No Claims                      40,000
                                                        (contract)
                       9.   Henderson and                  40,000
                            Angus                       (contract)

The Executive proposes re-tendering for trustee services.

      v.      ISC Land Liaison Committee

ISC is proposing changes to the Assurance Fund as described in the attached
correspondence from Randy Sandbeck. This issue has been referred to the Legislation
& Policy Committee for a recommendation to this meeting.

      vi.     Outreach Task Group

Attached is a report from the Outreach Task Group. The Benchers should consider
each of the recommendations and if they are in agreement, provide approval in
principle. The committee will then require further work on the implementation of each
proposal.

      vii.    Mandatory Legal Education

Attached is a report from the committee and a report from the Law Society of British
Columbia. The Benchers should consider whether they are in agreement with the
principle of mandatory legal education. The second issue is implementation of the
program. One alternative is to simply adopt the BC plan. A second alternative is to
conduct further study. If further study is required, the committee proposes hiring a
person to undertake the work.

      viii.   Code of Professional Conduct

Attached is paragraph 2.02 (11) of the Model Code of Professional Conduct dealing with
Clients with Diminished Capacity. Ron Kruzeniski, Q.C., has asked that the Benchers
consider adopting this section of the Code immediately.
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      ix.          Member Assistance Program

Discipline Executive is proposing a member assistance program for those who have
been charged. Attached is a memo from Donna Sigmeth.

      x.           Special Fund Claim

Attached is a report from Karl Bazin, Q.C., on the Marvin Henderson Special Fund
claim.

8.    SENTENCING OF SUSAN RAULT

9.    REPORTS

      i.           Report of the Executive Committee

      ii.          Report of the Executive Director

10.   ITEMS FOR INFORMATION

These items are submitted for information. However, if any of the Benchers would like
to discuss these issues, please advise at the beginning of the meeting.

            i.       Law Society Seal

            Attached is a copy of an updated Law Society seal which we will be using in
            our publications.

            ii.      Summer Student for Discipline for Member Assistance Program

            The Executive approved hiring a summer student in conjunction with the
            College of Law to do research on sentencing principles for the Law Society.

            iii.     Kloppenburg Statistics

            Attached is a report from Donna Sigmeth and Mr. Kloppenburg’s work.

            iv.      Competition Bureau Letter

            Attached is a letter from the Competition Bureau advising that they will be
            checking to see if Law Societies across Canada have adopted any of their
            recommendations in the coming year. The Federation of Law Societies will
            be viewing the recommendations and providing suggestions to Law Societies
            for uniform change.

            v.       Letter from Legal Aid re Theatre Company

            Attached is a letter for information.
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         vi.    Paid Agents in Criminal Matters

         Attached is correspondence from the Department of Justice. We understand
         that this is largely an Ontario initiative, but may lead to approval of paralegals
         on criminal matters and the Law Society will be watching developments with
         interest.

         vii.   Law Society Annual Report

         The cost of each Law Society Annual Report last year was approximately
         $37. The Executive approved publishing the Annual Report on the website
         and advising the membership by email broadcast.

         viii. Minutes of the Discipline Committee held via conference call on
               March 28, 2008

         ix.    Minutes of the Admissions & Education Committee held via
                conference call on February 29, 2008

         x.     Minutes of the Executive Committee meeting held via conference
                call on April 2, 2008

          xi.   Minutes of the Ethics Committee held February 7, 2008

         xii.   Report from Graeme Mitchell with respect to the Federation of Law
                Societies

11.   DATE AND PLACE OF THE NEXT MEETING

The next Convocation is scheduled for June 18th, 19th and 20th, 2008 in Saskatoon. The
Annual General Meeting is scheduled for the evening of June 19th at TCU Place.

								
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