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. 2 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. 3 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. 4 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. 5 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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