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Benchers Bulletin, May 2008

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Benchers Bulletin, May 2008 2008: No. 3 • MAY 2 President’s View: Toward more structured priority-setting and strategic planning 4 CEO’s Perspective: Improving access to legal services through collaboration in BENCHERS’ the pro bono community NEWS 5 New Lay Bencher Stacy Kuiack 6 Anti-money laundering initiatives BULLETIN 8 Continuing professional development: Keeping BC lawyers informed The range of options 10 Law Society committees for 2008 11 Voices on Youth Justice public forum: June 25 12 Law Society program update: Lawyers Insurance Fund 18 Benchers approve Unbundling of Legal Services Task Force report FEATURE 14 The road from Bencher to Afghanistan PRACTICE 20 Permissible social contact or sexual harassment? 21 Practice Watch: Cautions on cash and new scams 24 Practice Tips: On profi ts and paradoxes… REGULATORY 26 Discipline digest MAY 2008 • BENCHERS’ BULLETIN 1 PRESIDENT’S VIEW Toward more structured priority-setting and strategic planning by John J.L. Hunter, QC AT THE CONCLUSION of my last column I the Law Society of Upper Canada is devel- indicated that the Benchers would be meet- oping a regulatory regime for paralegals. ing on February 29 to set their strategic pri- We have been told that LSUC has been orities for the year and that I would report surprised at the numbers of paralegals ap- on those priorities in my next column. This plying to take advantage of the new regu- is that report. latory scheme. We need to look more com- At the outset, I should indicate that prehensively at British Columbia’s present with the assistance of our CEO, Tim Mc- and possible providers of legal services to BENCHERS’ BULLETIN Gee, the Benchers have adopted a new pol- the public, and at our law society’s policy icy development model directed at setting and strategic options for regulating these The Benchers’ Bulletin and related newsletters are published by the Law annual strategic priorities early in the year service providers. Society of British Columbia to update BC and then appointing committees and task There are a couple of additional issues lawyers and articled students on policy and forces to carry out mandates consistent on our radar screen in relation to access to regulatory decisions of the Benchers, on with those priorities. In the past our policy legal services. The provincial government’s committee and task force work and on Law Society programs and activities. BC lawyers development has been a little haphazard — Civil Justice Reform Task Force is continu- are responsible for reading these publica- with the urgent often taking priority over ing its work on proposed reforms to the civil tions to ensure they are aware of current the important — and we are hoping that justice system. Last year the Law Society standards, policies and guidelines. this more structured method of priority- provided comments on the fi rst report, but The views of the profession on improve- setting will produce better strategic plan- we have struck a small task force under the ments to the Bulletin are always welcome ning and decisions. leadership of Joost Blom, QC to consider — please contact the editor at bdaisley@ whether further input is advisable. In addi- lsbc.org. Additional subscriptions to Law tion, the Benchers have established a distin- Society newsletters may be ordered at a cost of $50.00 (plus GST) per year by con- This inquiry will no doubt take us down guished task force under the chair of Kath- tacting the subscriptions assistant at com- the path of discussing greater provision of ryn Berge, QC to look into issues concerning [email protected]. To review current pro bono services by lawyers, but will also the retention of women in our profession. and archived issues of the Bulletin online, Finally, we will be beginning our own analy- see “Publications & Forms/Newsletters” at pursue institutional effi ciencies to reduce lawsociety.bc.ca. overall cost and to increase access. sis of the thorny issue of reducing fi nancial barriers to accessing legal services. EDITOR This inquiry will no doubt take us down Brad Daisley With that objective in mind, at their the path of discussing greater provision of CONTRIBUTING EDITORS February meeting the Benchers approved pro bono services by lawyers, but will also Dana Bales pursue institutional effi ciencies to reduce Cara McGregor three strategic priorities for policy devel- Bill McIntosh opment in 2008. overall cost and to increase access. The fi rst of these is enhancing access The second strategic objective ap- PRODUCTION EDITOR Denise Findlay to legal services. This is an issue for many proved by the Benchers is enhancing public groups, but the Law Society’s regulatory confi dence in the legal profession and its SUBSCRIPTIONS mandate charges our organization with self-regulation. One of the specifi c tasks will Donna Kokot a unique perspective. At our Benchers re- be to examine the Competition Bureau’s © 2008 The Law Society of British Columbia treat in June we will be examining scope of recent comments on the legal profession, Publications Mail Agreement No. 40062742 practice issues with a view to considering with a view to determining whether regula- whether the profession should re-examine tory changes should be introduced to deal its historic approach to the delivery of le- with some of the issues identifi ed, includ- gal services by non-lawyers. In Ontario, ing advertising restrictions, restrictions on 2 BENCHERS’ BULLETIN • MAY 2008 PRESIDENT’S VIEW innovative business structures and other regulatory functions remain the primary been rolled out and Law Society auditors matters that might be characterized as hav- roles of Benchers and staff. Our credentials are in the fi eld assisting members to com- ing anti-competitive elements. On balance, and professional conduct departments ap- ply with the trust account requirements. we felt that, while the Competition Bureau pear to be running smoothly, but we will That is the program for 2008. As al- report was not particularly critical of the continue to work on improvements to ways, we welcome comments from our regulation of our profession, it identifi ed is- these core functions during the coming members on our ongoing efforts to regu- sues that should and will be addressed. year. The trust assurance program has now late the profession in the public interest.Y The third and fi nal strategic objective approved by the Benchers is education — education of the public on issues relating to the law and the role of lawyers in the administration of justice, education of our members through our upcoming Continu- ing Professional Development program and education of the Benchers on important policy matters. The Law Society’s activities in educat- ing the public about the law and the role of lawyers have primarily come through pub- lic forums such as last year’s very success- ful Lawyers without Rights. This year, two such forums are planned. Voices on Youth Justice will deal with youth and the law and is scheduled for the evening of June 25 in Vancouver. This form of community out- reach has been well received and has now been institutionalized in the Benchers’ pri- orities determination. Another recent example of the Law Society’s more outward approach to public communications is an informative booklet called Considering a Career in Law? Pro- duced by our Communications Depart- ment, this booklet can be viewed on the society’s website and has been made avail- able to universities across Canada, to quite favourable reviews. Education of our members is the focus of our Continuing Professional Develop- The Law Society’s CEO, Tim McGee, checks in with Alan Treleaven, Director of ment program, scheduled to begin next Education and Practice, at the Law Society’s Law Day display at the Vancouver year. The details are being developed this Public Library. spring by the Lawyer Education Advisory Committee under the leadership of Bruce LeRose, QC. We anticipate that the Bench- LAW DAY 2008: Saturday, April 19 ers will be asked to approve new rules once Twenty-eight public and non-profi t organizations — including the Law Society — were the program has been settled. I will have represented at Vancouver’s Law Day 2008. Law Day is part of Law Week, a national more to report at that time. event convened by the Canadian Bar Association every April since 1983 to commemo- Finally, the Benchers are conscious rate the signing of Canada’s Charter of Rights and Freedoms. that their own education on policy issues requires continual upgrading. The intention This year’s Law Day theme was Access to Justice: Breaking Down the Barriers. Events is to devote a few of this year’s Bencher included courthouse tours, mock trials, citizenship ceremonies, public speaking and meetings to improving our knowledge base essay contests for students, Dial-a-Lawyer clinics, free law classes and a free public on specifi c policy issues, so that our deci- forum in Vancouver. sions can be as informed as possible. All of this deals with policy devel- The Law Society provides partial funding for Law Week events sponsored by the BC opment, but performing, managing and Branch of the Canadian Bar Association. administering the Law Society’s core MAY 2008 • BENCHERS’ BULLETIN 3 CEO’S PERSPECTIVE Improving access to legal services through collaboration in the pro bono community by Timothy E. McGee IN HIS CURRENT President’s View column, $100,000 to the Law Foundation in support location of new clinics and to look at ways John Hunter, QC discusses the strategic pri- of pro bono services in 2007. to combine or rationalize the resources of orities adopted by the Benchers for 2008 By all accounts this new arrangement existing clinics to better serve the needs of and beyond.
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