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Benchers' Bulletin

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Benchers' Bulletin Benchers’ Bulletin A publication of the Law Society of British Columbia 2002: No. 1 January-February President’s View – Whither the fool hen? page 2 News New national mobility protocol: page 3 Thanks to Law Society volunteers: page 4 Money laundering update: page 6 B.C. notaries’ probate bid ends at top court: page 6 Practice & Ethics Interlock – Economic downturn: coping with job loss, Inside work loss and career transition: page 7 Practice Tips – A new world at your fingertips, in the palm of your hand: page 8 Practice Watch – Information overload: page 10 Ethics Committee opinion – Redesigned First Canadian Home Closing Program: page 11 News from the Courts: page 12 Regulatory Special Compensation Fund claims: page 14 Unauthorized practice: page 15 Whither the Fool Hen? I wanted to write about Malaysia and Grouse Rights and things they con- grouse. While they are related topics, sider to be self-evident truths which, President’s View there’s too much there for one column. on any sober assessment, are little Grouse today; Malaysia next month. more than fanatical fowl droppings. Grouse, naturalists tell us, have four My point, of course, is that some strat- main strategies to cope with danger: egies are sound for most occasions or- flying away; standing very, very still dinarily faced. Some strategies are so that they won’t be noticed; coun- sometimes sound, but at other times ter-attacking; and asserting grouse disastrous. And some strategies are rights before any tribunal that may ex- just fanciful. We need to know the to- ercise jurisdiction. pography. We also need to know The flying away deal, an explosion of whether we are grouse. I don’t purport bird, a drumming of wings, works to state any of this as Law Society pol- pretty well. It copes fine for avoiding icy, nor to have answers; but if you assault by dogs and children. It is rea- want questions, I’ve got some beauts. sonably effective against adults If lawyers think they can stand stock equipped with .22 rifles. It is less than still, insisting that they are still sur- 100% effective versus the shotgun. rounded by the abundant foliage of a Benchers’ Bulletin monopoly on the delivery of paid legal The standing very, very still bit also The Benchers’ Bulletin and related bulle- services, then I say we are gravelled works well, so long as the grouse is tins are published by the Law Society grouse. A more robust strategy would cognizant of his or her surroundings. of British Columbia to update B.C. law- be to accept that lawyers will shortly It is well-suited to the conservative na- yers and articled students on policy be in competition with differently reg- ture of the bird in question. It is a much and regulatory decisions of the ulated, differently educated legal ser- more robust strategy when blending Benchers, on committee and task force vice providers and that the regulated work and on Law Society programs into the full foliage of trees in autumn lawyer will have only the competitive and activities. than it is, say, when deployed against a advantage that his or her “brand” pro- backdrop of stark gravel road. It mat- The publications sport a fresh new vides: verified credentials, good char- look in 2002. This look will also be re- ters not how much the grouse perfects acter, sound training, mentorship, a flected online as the Law Society intro- the standing very, very still strategy complaints and discipline mechanism, duces email update bulletins later this when the danger comes by gravel a compensation fund, compulsory in- year. The views of the profession on road; indeed, the more perfectly the surance, and so forth. With that future improvements are always wel- grouse practises the art of standing “brand” the regulated lawyer of the come – please contact the editor. very, very still, the less viable the strat- not-too-distant future will go out and Additional subscriptions to Law Society egy becomes. Topography is so nearly compete for the public’s business. bulletins may be ordered at a cost of everything that the rest doesn’t mat- $50.00 (plus GST) per year, prorated at ter. Check the Yellow Pages under Ac- $12.50 per quarter, by contacting the countants. You will find Chartered The counter-attack has some potential, subscriptions assistant. To review cur- Accountants, who have sought to rent and archived issues of the Bulletin but grouse are not sufficiently evolved brand themselves as the elite: “CAs are online, please check out the “Resource to deploy it reliably or effectively. I the most highly-qualified & trusted Fi- Library” at www.lawsociety.bc.ca. sometimes see the more militant of nancial & Tax Advisors in Canada” Editor their ilk performing their grouse mar- : Denise Palmer runs their Institute’s blurb. You will [email protected]; Tel. (604) 443-5706 tial arts out where we live: side-thrust- find the CGA’s who position them- ing their stubby little calloused legs, Editorial Assistant: Denise Findlay selves as more cuddly and affordable: [email protected]; Tel. (604) 443-5788 beak sharpening, getting down and “We’re the Name Brand for Business giving their Sensei five. Plucky. This is Subscriptions: Donna Kokot in Canada.” Visit the Certified Man- [email protected]; Tel. (604) 443-5768 not necessarily a good thing in a mili- agement Accountants’ website and tant bird. © 2002 The Law Society of British But it’s the litigious grouse that really Columbia get to me. All puffed-up and ponder- continued on page 5 ous about the Universal Declaration of 2 News New national mobility protocol comes before Federation A proposed new national protocol on would be entitled to provide legal Among the western provinces, only lawyer mobility will top the agenda of services in any other reciprocating the Law Society of Saskatchewan so the Federation of Law Societies March jurisdiction for 183 days in a far requires visiting lawyers to give meeting. 12-month period. advance notice of their arrival. The B.C. Benchers, however, have recently The National Mobility Task Force of · Permanent practice: To practise in taken the view that advance notifica- the Federation of Law Societies is rec- another jurisdiction for more than tion is necessary for regulatory rea- ommending to Federation delegates six months in a 12-month period, a sons and are calling on the Task Force that a Canadian lawyer from one prov- lawyer would need to become a to incorporate this requirement into ince be allowed to practise in a recipro- member of the law society in that any new national protocol. cating province for up to 183 days in jurisdiction. However, the criteria any 12-month period. (Under the cur- for admission would be changed The Federation of Law Societies is an rent inter-jurisdictional protocol, visiting so that the lawyer would need to umbrella organization for provincial Canadian lawyers can appear on up to 10 complete certain reading require- and territorial law societies, and any matters, for not more than 20 days in any ments specific to the jurisdiction, new protocol would not take effect un- 12-month period — known as the rather than write transfer exami- less adopted by the Benchers of those “10-20-12” rule.) nations. law societies. The new proposal is closely patterned Both the current and proposed proto- Watch for updates on this issue in on a protocol adopted in the four west- cols on temporary mobility are pre- mid-March on the Law Society ern provinces last summer. Lawyers mised on certain requirements, such website at www.lawsociety.bc.ca. from B.C., Alberta, Saskatchewan and as lawyers carrying comparable pro- Manitoba can practise in any of those fessional liability insurance and defal- provinces for up to six months cumu- cation coverage. latively in any 12-month period on an unlimited number of matters, without To move forward on a national proto- a permit and without payment of any col, the Task Force has recommended fee. To practise beyond the six-month that the Federation focus first on the limit, a lawyer must become a member common law provinces and then on of the host law society. For more infor- Quebec. The situation in Quebec is mation about the western protocol, see more complex than in the rest of the the July-August, 2001 Benchers’ Bulle- country because it is a civil law prov- tin. ince and because its self-regulation is limited by the jurisdiction of the Office The Task Force is now recommending des Professions. that Federation delegates consider a Canada-wide mobility protocol with As part of its proposals, the Task Force these features: is advocating a national lawyer regis- try to give law societies access to rele- · Temporary mobility: Subject to vant information about lawyers who certain criteria, a Canadian lawyer may be practising in their respective from one province or territory jurisdictions. Former Benchers cannot appear as hearing counsel for three years Rule 5-3 (4) has been added to the Law was previously the Benchers’ policy Member’s Manual amendment pack- Society Rules to provide that a person that Life Benchers should never ap- age. who has served as a Bencher or as a pear as counsel in hearings and other It is the Benchers’ policy not to retain hearing panel member is disqualified former Benchers should not appear for former Benchers to represent the Law for three years from appearing as three years. The new rule treats all for- Society in hearings. counsel for any party in a Law Society mer Benchers the same. The text of the credentials or discipline hearing.
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