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Publication: Benchers' Bulletin, Winter 2012

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Publication: Benchers' Bulletin, Winter 2012 2012: No. 4 • WINTER Keeping BC lawyers informed PRESIDENT’s View 2012 … it was a very good year / 2 CEO’s PersPECTIVE Pursuit of regulatory innovation an ongoing endeavour / 4 NEWS Justicia launched in BC / 3 Your fees at work: PLTC / 5 Designated paralegals pilot project to begin January 1, 2013 / 6 Law Society ushers in new president, Art Vertlieb, QC / 8 PRACTICE Practice Tips: The Freeman-on-the- Land movement / 11 Practice Watch: Fees, disbursements and interest; Practice Checklists Man- ual; identity fraud; forest land / 16 New Limitation Act in force June 1, 2013 / 18 CONDUCT & DISCIPLINE Conduct reviews / 19 FEATURE Discipline digest / 22 The Code of Professional Conduct for BC / 12 PRESIDENT’S VIEW 2012 ... it was a very good year by Bruce A. LeRose, QC “Gasp,” 2012 is drawing to a close — where such initiatives that include greater roles has the time gone? It seems like only yester- for articled students and the unbundling day that I was sitting down to pen my first of legal services. January 2013 will bring President’s View, and now here I am already the public launch of the paralegal changes mulling over my last opportunity to speak and the Law Society encourages lawyers to lawyers as president of the Law Society to take up the opportunity to have their of British Columbia. Being this is my last col- paralegals participate in the two-year pilot umn, it seems only proper to reflect on the project with the courts. highlights of 2012. In late October 2012, the Benchers ap- 2012 has been a very eventful year for proved a “road map” for a complete over- the Law Society. In the spring, the BC Leg- haul of Law Society governance. The plan islature passed substantial and significant will provide clear direction to the Benchers amendments to the Legal Profession Act. in terms of their distinct roles as directors These amendments allow the Law Soci- of the Law Society, as regulators of the ety to be a more effective and transparent profession charged with protection of the regulator of the legal profession, while at public interest and, finally, as “trusted ad- BENCHERS’ BULLETIN visors” to the profession. These wide-rang- The Benchers’ Bulletin and related ing changes to how the Benchers govern newsletters are published by the Law Should the Law Society expand its regu- will provide clear and objective policies Society of British Columbia to update BC and procedures so that the Benchers will lawyers, articled students and the public latory authority to cover all non-lawyers be better equipped for each of the three on policy and regulatory decisions of the who deliver legal services? Should it give Benchers, on committee and task force roles that they are required to fulfill. work and on Law Society programs and up its s.15 responsibility for unauthor- Finally, the Benchers have established activities. BC lawyers are responsible for ized practice and just regulate lawyers? a Legal Service Provider Task Force, which reading these publications to ensure Should it continue the status quo? These they are aware of current standards, has been charged with the responsibility to policies and guidelines. are big questions that demand thoughtful consider the future of legal services regu- Suggestions on improvements to the responses. lation. Should the Law Society expand its Bulletin are always welcome — contact the regulatory authority to cover all non-law- editor at [email protected]. yers who deliver legal services? Should it Electronic subscriptions to the Benchers’ the same time providing greater flexibility give up its s.15 responsibility for unauthor- Bulletin, Insurance Issues and Member’s in our dealings with the profession. ized practice and just regulate lawyers? Manual amendments are provided at no This year also saw the final approval of Should it continue the status quo? These cost. Print subscriptions may be ordered the Code of Professional Conduct for BC. In are big questions that demand thoughtful for $50 per year ($20 for the newsletters only; $30 for the Member’s Manual amend- March, the Benchers adopted the conflicts responses. Areas such as the educational ments only) by contacting the subscriptions of interest provisions in the Federation of qualifications and credentialing of non- assistant at [email protected]. Law Societies’ Model Code of Professional lawyers will also have to be considered in Current and archived issues of the Bulletin Conduct, with adaptations to improve its this context. I am very pleased that the are published online at lawsociety.bc.ca use in BC. The new BC Code will be in effect Benchers have agreed to appoint numerous (see Publications and Resources). as of January 1, 2013. representatives from various stakeholders PHOTOGRAPHY In June, the Benchers approved com- to this task force so that the approach will Brian Dennehy Photography: cover and prehensive changes to the Law Society be much more inclusive and holistic. pages 3 and 12 Rules in order to allow for an expanded In conclusion, I want to say to all my © 2012 The Law Society of British Columbia scope of practice for “designated para- friends and colleagues across this great Publications Mail Agreement No. 40064480 legals.” The Benchers are determined to province of ours that having the opportu- come up with ways to improve access to nity to be president of the Law Society for affordable legal services. Allowing parale- 2012 has been the single greatest honour gals to do more is the latest in a series of of my life. My nine years as a Bencher have 2 BENCHERS’ BULLETIN • WINTER 2012 PRESIDENT’S VIEW been more personally rewarding than I can Benchers fulfill their mandate to protect of working with over the past nine years. I ever express. I want to acknowledge CEO the public interest, as well as responding have no doubt that he will provide strong, Tim McGee, the management team at the to the many needs of BC lawyers. Finally, decisive leadership in 2013, and will be a Law Society and all of the hard-working I want to congratulate my successor, Art terrific ambassador for our profession.v staff who are so dedicated to helping the Vertlieb, QC, whom I have had the pleasure Justicia launched in BC as firms invited to sign on THE JUSTICIA Project was officially Alberta, as well as large regional firms that • Promoting leadership skills for women launched in BC on November 20, 2012 with may be interested in the project. Phase “Our aim is to bring firms together to share a meeting of law firm managing partners to two will be directed at all other BC firms. strategies and best practices,” said Bruce introduce the first phase of the project. Shayne Strukoff, managing partner LeRose, QC, president of the Law Society. Developed by the Law Society of Up- at Gowlings, and Helena Plecko, associ- “Based on its success in Ontario, Justicia per Canada, the Justicia Project is a vol- ate at Gowlings, volunteered to drive the will help advance the Law Society’s stra- untary program for law firms to identify initiative on behalf of the Law Society. The tegic goal of supporting the retention of and implement best practices to retain project is further supported by the Equity women lawyers.” and advance women lawyers in private and Diversity Advisory Committee, as well “We encourage law firms of all sizes practice. It was created in response to evi- as members of the Justicia working group, to lend their support to this important dence that women leave the profession at McCarthy Tétrault’s Lisa Vogt and Blakes’ project,” said Helena Plecko, associate at a higher rate than men in the first 10 years Bill Maclagan, who is also a Bencher. Gowlings. “We hope it will pave the way of practice. Participating law firms will commit to for systemic change in the legal profession Encouraged by the success of the Jus- achieving goals in four areas: that will address the realities women in ticia Project in Ontario, the Law Society of • Tracking gender demographics private practice are facing.” BC, on the recommendation of the Reten- • Reviewing/introducing flexible work Lawyers or law firms with questions tion of Women in Law Task Force, launched arrangements and parental leave poli- about Justicia or how to participate should its own two-phase program. cies contact Michael Lucas, Manager, Policy & Phase one is directed at national law Legal Services at the Law Society of BC at • Adopting initiatives to foster women’s firms with offices in BC that are already [email protected] participants in Justicia in Ontario and networking and business development Law Society Award Three hundred thirty lawyers and judges attended the Bench & Bar Dinner on November 8. A highlight of the evening was the presentation of the Law Society Award to Marvin Storrow, QC (left, with Society President Bruce LeRose, QC). The award is a bronze statue of Sir Matthew Baillie Begbie, cast by the late Pender Island sculptor Ralph Sketch. WINTER 2012 • BENCHERS’ BULLETIN 3 CEO’S PERSPECTIVE Pursuit of regulatory innovation an ongoing endeavour by Timothy E. McGee THE Law SOCIETY of BC is frequently ac- And while it would not be new to activities. knowledged as an innovator in the regula- many law firms or other businesses, the Our investment in and commitment tory field. We were among the first legal Law Society is implementing a new state- to these projects and others is part of our regulators to address issues like unbundling of-the-art online document and records goal for continuous improvement in all we of legal services, cloud computing and alter- management system.
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