Publication: Benchers Bulletin, September-October 2006
Total Page:16
File Type:pdf, Size:1020Kb
Benchers’ Bulletin A publication of the Law Society of British Columbia 2006: No. 4 September-October President’s View: One lawyer’s legacy: p. 2 News Public forum on citizenship coming this Fall: p. 3 Credentials rules amended: Refresher course to assist lawyers returning to practice: p. 4 Law Society of BC teaches PLTC in Nunavut: p. 5 Small Firm Task Force looks at initiatives to help small firm lawyers: p. 8 Howard Kushner new Chief Legal Officer: p. 10 Benchers approve Territorial Mobility Agreement: p. 11 Highlights Rule changes enhance trust security: p. 12 Ministry of AG identifies challenges ahead: p. 13 Queen’s Counsel: 2006 call for nominations: p. 14 Practice & Ethics Practice Tips: Voice recognition technology: p. 15 Practice Watch: E-mail notices; Withdrawal for non-payment; Speaking to one’s affidavit: p. 16 Interlock: Anxiety and panic disorders: p. 18 Regulatory Unauthorized practice: p. 19 Credentials hearing: p. 20 Special Compensation Fund claims: p. 20 Dugald Christie: One lawyer’s legacy by Robert W. McDiarmid, QC The untimely death of Dugald Christie significant way with the Western Can- President’s View has generated an outpouring of praise ada Society to Access Justice (www. for his dedication to the promotion of accessjustice.ca). He helped that orga- pro bono work amongst our profes- nization establish more than 60 new sion. Regrettably, there hasn’t been a legal clinics, including programs in corresponding increase in the profes- northern and central BC — areas sion’s participation in pro bono where the need for legal help was programs. critical. Until relatively recently, there were Meanwhile, the Benchers made the very few pro bono clinics in our prov- 1998 AGM resolution a priority and ince. The two law schools have established a joint Law Society / Cana- Benchers’ Bulletin well-run and well-attended programs, dian Bar Association (BC Branch) pro The Benchers’ Bulletin and related but they are limited by geography. bono committee which, in turn, led to newsletters are published by the Law Various community organizations the creation of Pro Bono Law of BC Society of British Columbia to update have also operated legal clinics on a (www.probononet.bc.ca), a registered BC lawyers and articled students on sporadic basis throughout BC. In charity whose role is to facilitate op- policy and regulatory decisions of the Benchers, on committee and task force Kamloops, where I live and work, the portunities for the effective provision work and on Law Society programs local cable TV outlet once had a live of pro bono services throughout the and activities. program providing free legal advice province. The Law Society also aug- The views of the profession on im- on the air. mented its insurance program so that uninsured lawyers, such as in-house provements to the Bulletin are always In 1985, the Salvation Army added to welcome — please contact the editor. counsel and government employees, its lengthy history of assisting the indi- have professional liability insurance Additional subscriptions to Law Society gent with legal matters by making newsletters may be ordered at a cost coverage when they volunteer for space available for Dugald Christie to of $50.00 (plus GST) per year by programs approved by Pro Bono Law do pro bono work in their community contacting the subscriptions assistant. of BC. To review current and archived issues and family service department. Three of the Bulletin online, please see years later, with Dugald’s assistance, In addition, Pro Bono Law of BC has “Publications & Forms / Newsletters” at they began an expansion of their free set up a fund that will pay for dis- www.lawsociety.bc.ca. legal advice program and now operate bursements in some pro bono cases Editor more than 20 clinics around the and there are now conflict-checking Brad Daisley province (www.probono.ca). Dugald systems in place to ensure pro bono [email protected] worked there for 13 years. volunteers are not involved in matters Tel. 604 443-5724 that conflict with their law firms or In the summer of 1998, Dugald — on Contributing Editor employers. Dana Bales the first of his great bicycle missions — [email protected] rode to Ottawa and burned his robes In short, Dugald Christie’s goal is now Tel. 604 443-5708 on the steps of the Supreme Court of possible. All lawyers in this province Production Editor Canada to protest the costs and delays — whether insured or not, whether in Denise Findlay that impede access to justice for many private practice or working for gov- [email protected] of our citizens. When he got back to ernment — now have the ability to vol- Tel. 604 443-5788 Vancouver, he then convinced the pro- unteer for a pro bono program in their Subscriptions fession to endorse a resolution at our community. Donna Kokot Annual General Meeting encouraging [email protected] Sadly, there hasn’t been enough up- every lawyer to participate in a pro Tel. 604 443-5768 take. There are still a large number of bono program and asking the people who need legal help but cannot Benchers to further the development © 2006 The Law Society of British afford the services of a lawyer. To of pro bono services throughout the Columbia make matters worse, there are some province. Publications Mail Agreement areas of law — notably those involving No. 40062742 In 1999, Dugald added to his pro bono regulatory agencies such as residential legacy by becoming involved in a tenancies and environmental matters 2 Benchers’ Bulletin September-October 2006 News — where the demand is even greater. death, I ask all of my colleagues Bono Law of BC and the Attorney While I firmly believe there is no throughout this province to find ways General’s Ministry have also drafted a substitute for a properly funded legal to volunteer their skills and expertise. model policy to encourage more pro aid program and while I know that Opportunities can be found anywhere bono participation by public sector more lawyers have volunteered be- there is a need. They range from lawyers and I will be making my best cause of the legal aid budget cuts, I walk-in clinics, such as those run by efforts to get that policy finalized. also believe that lawyers, as members the Salvation Army or Access Justice, Dugald Christie’s commitment to pro of an ancient, honourable and learned to Pro Bono Law of BC’s roster pro- bono must not die with him. His cause profession, have a duty to support grams, to volunteering for an advo- must become our profession’s cause. those who need help. cacy group. Some law firms even run Volunteer!G theirownprobonoprograms.Pro As we ponder Dugald’s untimely Public forum on citizenship coming this Fall The Law Society of BC, in partnership Diversity Committee, chaired by Art of law and the responsibilities of dual with the North Shore Multicultural Vertlieb, QC, aimed at promoting the citizenship. The Forum will take place Society and MOSAIC, is presenting a legal profession and the rule of law at the Law Society building, 845 free public forum on October 19 as among the community at large. Cambie Street, on October 19 from 5:00 part of Canadian Citizenship week pm to 6:30 pm. Participants are invited that will examine citizenship and ac- Panellists for the forum will be Provin- to attend a reception at the Law cess to justice. The forum will be pre- cial Court Judge Justine Saunders, Society afterwards. sented in association with CBC Radio Senator Mobina Jaffer, QC, Vancouver lawyer and former BC Supreme Court If you plan to attend, please RSVP by and Television’s Think Vancouver se- October 16 by emailing forum2006@ ries and will be moderated by Mark Justice Thomas Berger, QC and Najeeb Hassan, President of the North Shore lsbc.org. For more information, please Forsythe, host of CBC Radio One’s BC contact Kuan Foo, Staff Lawyer – Pol- Multicultural Society. Almanac program. icy and Legal Services, at 604 443-5727 The public forum is part of a new ini- Forum topics include the meaning of or [email protected] tiative by the Law Society’s Equity and citizenship, the importance of the rule Law Society Fall calendar September 29 – Annual General Meet- ing (see the Law Society website for the outcome of the resolutions) October 12 – 50-Year Certificate Lun- cheon (by invitation) October 13 – Pacific Legal Technology Conference (pacificlegaltech.com) October 19 – Public forum on citizenship November 23 – Bench & Bar Dinner December 8 – Life Benchers Dinner (by invitation) For more information, or to download programs and registration forms for the Pacific Legal Technology Conference and the Bench & Bar Dinner, go to www.lawsociety.bc.ca/about/calendar/ events.html. Benchers’ Bulletin September-October 2006 3 News Credentials rules amended Refresher course to assist lawyers returning to practice The Benchers have approved develop- small number of lawyers to avoid the societies — when, in fact, they haven’t ment of a refresher course for requalification requirements. been practising at all. non-practising and former lawyers At present, a lawyer who wishes to The new rules require all current and who wish to return to active practice. leave active practice and to return sev- former lawyers to meet the require- The course was part of a package of eral years later can avoid triggering ments for returning to practice when recommendations and rule changes the requalification provisions by they move to active practice after more proposed by the Law Society’s Cre- maintaining full-time practising sta- than three years of not practising law dentials Committee to ensure all law- tus while not practising, which re- regardless of their membership status.