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. It new rule is set out in the enclosed

3 News

Thanks to the volunteers who make it possible

The Benchers would like to take the opportunity to thank and congratulate all those in the profession and the legal commu- nity who have volunteered their time and energy to the Law Society. Whether as members of our committees, task forces or working groups, as practice reviewers, practice supervisors, conduct reviewers, fee mediators, event panelists or advisors on special projects, these volunteers are critical to the success of the Law Society and its work. Over the past three years, the Society has enjoyed the support and contributions of over 250 Life Bencher and non-Bencher volunteers, all of whom de- serve acknowledgement.

Jack Aaron, QC Gerald Cuttler Jack Huberman, QC Heather McNaughton Sabrina Ali Ronald J. Daniels Patricia Huggins Roderick McNeil Graham Allen Michael D’Arcy Fiona Hunter Brent Messenger Kenneth W. Antifaev, QC Dale W. Darychuk Kristian Jensen Candice Metallic Robert E. C. Apps, QC Azim N. Datoo, QC Ed John Robert Metzger Kenneth H. Armstrong Thomas A. Davies Robert T.C. Johnston, QC Renee M. Miller Lyle R. Backman Adam de Turberville Jeff Jones Dennis Mitchell, QC Maureen Baird Tino Di Bella Keith Jones Jane B. Morley, QC Russell Balcome Mr. Justice Donald Angela Julien Stephen Mulhall Hilal Bangash Robert Doran Lawrence A. Kahn Alison L. Murray Jessie Basra Kelly Doyle Milda M. Karen-Byng Beverly Nann Fiona M. Begg John Drayton Darlene Kavka Terry Napora Jill Beguin William Duncan Stephen F.D. Kelleher, QC Karen F. Nordlinger, QC Diane Bell William Ehrcke, QC Peter T. Kelly Charlotte Olsen Kathryn Berge, QC Alfred Field Judith P. Kennedy Carman Overholt Thomas Berger, QC Gerry Ferguson Roger Kerans Paul Parsons Catherine Best Chief Justice Finch Albert E. King David R. Paterson Anne Beveridge barbara findlay, QC Judge Kitchen Arthur Paul Halldor Bjarnason John L. Finlay, QC Dave Kolb John Pavey Leslie Blond J. Gary Fitzpatrick Ken Kramer Richard C.C. Peck, QC Patricia Bond Ronald Friesen Dr. Radesh Lamba John W. Perrett Adrianne Boothroyd-Sampert Lorraine Gerbig Patricia Lane Armand Petronio Karen E. Borgeault Kathryn Ginther Stan Lanyon, QC Ann Pollak Judith Bowers, QC Ann Gourley Esther F. Lardent Robert S. Porter, QC Hugh Braker, QC Eleanor Gregory Ken Learn Joyce Preston Judge Brecknell Margot Guthrie Jason Lee D. Clif Prowse Chief Justice Brenner Nancy Hall Bonnie Leonard Wes Pue David J. Brine, QC Karen Hamilton-Waterman Jan Lindsay Jane Purdie, QC Adrian Brooks Frederick Hansford, QC Stephanie Lightfoot Judge Rae P. Terrance Brown Michael Harcourt Linda Locke Leo Raffin Trudi L. Brown, QC J. Grant Hardwick, QC Kathy Louis Mr. Justice Ralph Lynn Burns Sandra Harper Paul Love Dellis Rand Hamish Cameron, QC Kristiina Harris Deborah K. Lovett, QC Gayle Raphanel John Campbell Terence Harris Robin Loxton Heather Raven Neil Campbell Leigh Harrison, QC C. Gorden Mamen David Renwick Dale Carr-Harris Kim Hart Wensley Louise Mandell, QC Stuart Robertson Sherman Chan Colleen Hendersen Rosalyn Manthorpe Doug Robinson, QC Pinder Cheema Jane Henderson, QC Linda Mark Richard Rondeau Yale M. Chernoff Arlene Henry David J. Marr, QC Madam Justice Ross Valli Chettiar Robert J. Herperger David Masuhara Madam Justice Rowles Mary Childs Carol Hickman Hugh McCall Stuart Rush, QC Anne Chopra Brian Higgins Sandra McCallum Michiko Sakamoto-Senge Dugald Christie Jocelyn Hill Roger McConchie William M. Samler H.C. Ritchie Clark, QC Lyle Hillaby June McCue Dale G. Sanderson, QC Brian Coleman Christopher Hinkson, QC Laurie McDonnell Susan Sangha David Coles Basil R. Hobbs Sandra McEwan James Schuman John W. Conroy, QC James O. Hogan Jerry McHale, QC Michael Seaborn Bonnie Craig John Hogg, QC Jamie McLaren Jenny Shaw E. David Crossin, QC Mark Horne Ross McLarty Marguerite Shaw

4 News

Pam Shime Mark Stevenson David Thompson Peter Warner, QC Ram Sidhu Anne Stewart, QC Tom A. Thompson James W. Williams Dirk Sigalet, QC Richard Stewart Tim Timberg Kory Wilson-Goertzen Donald Silversides, QC William R. Storey Vicki Trerise Warren Wilson, QC John Simpson Marvin Storrow, QC William H. Trotter, QC Paul Winn Debra Sing, QC Ted Strocel Nelson Tsui Opal Wong Ronald Skolrood Richard R. Sugden, QC Diane Turner Kent Woodruff Mark Skorah David Sutherland Gordon Turriff Daryl Woods Harry Slade, QC Pat Sweeney Willem van Cuylenborg, QC Barbara Young Madam Justice L. Smith Alex Szibbo Alan Vanderburgh, QC Margot Young Ronald Smith Jacob Talstra Herman H. Van Ommen David Youngson Margot Spence Tommy Tao James Vilvang, QC Donald Yule, QC Lewis Spencer Grant C. Taylor Henry Vlug Jerome Ziskrout Richard Spilker Gwendolynne Taylor Peter Voith Deborah Zutter Georgina Spilos Sylvia Teasdale Simon Wagstaffe Marvin Stark, QC Angela Thiele Brian Wallace, QC Judge Steinberg Linda Thomas Karl Warner, QC

what extent do lawyers penetrate traf- Law Society membership? President’s View … from page 2 fic court? Yet we litigated to keep for- And, seeing as we grouse aren’t going mer police officers from defending to be frozen on a field of gravel, how traffic tickets for a fee. To what extent about solicitors selling real estate in you will find them positioned as “big do lawyers penetrate Small Claims competition with realtors? picture strategic thinkers.” Then there Court or provide WCB representa- are folks who I expect are completely tion? Yet the monopoly means that At the beginning of my seventh year as unregulated: the “no credentials paralegals cannot do that work for a Bencher, what do I see as the biggest claimed” bookkeeping and account- pay. discriminator between Benchers and ing services, which position them- non-Benchers? Awareness of change. selves variously (“Specializing in Can it really be in the public interest As Benchers, we enjoy a perch from small business and farms,” “Special- that folks either buck up for the ser- which we can see that the topography izing in Forestry”). vices of someone who has gone is changing; changing more quickly, Is the public being harmed by having through undergraduate training, law more profoundly and more uncontrol- this competition for its accounting dol- school, PLTC and articles or be forced lably than can be imagined if you’re lars? Do these services make mistakes into self-representation or gratuitous just in the trenches trying to serve your that cost their clients big bucks? I’d unqualified assistance? Isn’t it about clients and make a living. What are the expect so from time to time. Do the un- time we looked at the changing topog- robust strategies that have a chance of regulated accountants and bookkeep- raphy? serving lawyers and the public well? Adapt. Compete. Learn to love the ers sometimes take the money and Doesn’t the public interest, which the run? Of course. But why is there all this gravel. But don’t get your feathers ruf- Law Society upholds and supports, fled. choice in the field of paid accountancy demand that citizens have access to while there is, essentially, no choice in paid legal services delivered in their the field of paid legal services? Are we community by people they can afford? grouse? Isn’t the real trick to balance the pub- What penetration do we have in the lic’s need for more, and more afford- province of lawyers delivering paid le- able, legal services against the public’s gal services? There are towns of signif- right to protection from unscrupulous, icant size with no resident lawyer. The dishonest poseurs? Are British 6,000 folks and businesses in Fort Nel- Columbians ready to go down the son, many of them quite able to afford road to complete deregulation of legal to pay well for legal services, have no service providers, with caveat emptor resident lawyer and that has been true and private redress as the only back- for most of the 22 years I’ve been deliv- stops? Will we see Law Society certi- ering barrister’s services up there. To fied paralegals or notaries as classes of

5 News

B.C., Ontario lawyers exempt from new money laundering reporting requirements B.C. Court of Appeal upholds interlocutory order

On November 20, 2001, the Honour- On January 18, 2002 the B.C. Court of temporary exemption for Ontario law- able Madam Justice M.J. Allan of the Appeal dismissed an appeal of the in- yers from the reporting requirements Supreme Court of British Columbia terlocutory order brought by the fed- of the new federal money laundering made an order granting lawyers inter- eral government and upheld the order legislation until a constitutional chal- locutory relief from the requirement to for the reasons given by Madam Jus- lenge can be heard in Ontario. comply with reporting requirements tice Allan. As a result, B.C. lawyers re- Justice Cullity ordered that legal coun- under the new federal money-laun- main exempt from the reporting sel are exempt from the operation of dering legislation: Federation of Law So- requirements of the legislation pend- section 5 of the Regulations of the Pro- cieties of Canada v. Attorney General of ing the outcome of the hearing. That ceeds of Crime (Money Laundering) Act, Canada; The Law Society of British Co- hearing is set for two weeks beginning pending a full hearing of petitions by lumbia Attorney General of Canada June 24. v. , the Federation of Law Societies of Can- 2001 BCSC 1593. The full text of the decision of the B.C. ada. Allan, J. had granted an exemption Supreme Court is available at In Alberta lawyers remain subject to from the application of section 5 of the www.courts.gov.bc.ca/jdb-txt/SC/01/ the legislation but the Court of Regulations of the Proceeds of Crime 15/2001BCSC1593.htm. Queen’s Bench in that province has or- (Money Laundering) Act, pending a full Superior Court of Justice grants tem- dered that they submit their reports to hearing on the merits of petitions of porary exemption to Ontario lawyers the Law Society of Alberta, not to the the Federation of Law Societies and federal agency FINTRAC, pending the the Law Society of British Columbia, Following on the decision of the B.C. outcome of the court challenge in that which challenge the constitutionality Supreme Court, the Ontario Superior province taken by the Federation of of the legislation. Court of Justice on January 7 granted a Law Societies of Canada.

B.C. notaries’ probate bid ends at top court

The Supreme Court of Canada has re- unauthorized practice of law by offer- the estate of a deceased person.” fused to hear an appeal by a notary ing to assist, for a fee, a member of the The Notaries Act, which sets out the no- public who was ordered to stop pro- public in obtaining letters of adminis- taries’ scope of practice, has no similar bating wills, thereby leaving standing tration: Law Society of British Columbia provision and does not expressly au- the decisions of the B.C. Supreme v. Gravelle (October 9, 1998) a decision thorize a notary to advise on probate Court and B.C. Court of Appeal that of Mr. Justice Bauman (BCSC Vancou- matters. Moreover, in a historical con- notaries in B.C. are not entitled to pro- ver Registry A964141). text, there was no tradition of probate bate wills or to prepare documents re- That Court noted that the Legal Profes- practice by notaries when English lating to the estate of a deceased common law was received in British person. sion Act provides a definition of the practice of law as including the “draw- Columbia in 1858. The B.C. Supreme Court ordered an ing, revising or settling ... a will, deed The B.C. Court of Appeal dismissed an injunction against Sparwood notary of settlement, trust deed, power of at- appeal of the Supreme Court decision public Marian Gravelle in 1998 after torney or a document relating to any last year: Law Society of British Columbia finding she had engaged in the probate or letters of administration or v. Gravelle 2001 BCCA 383.

6 Practice & Ethics

Economic downturn: coping with job loss, work loss and career transition

by Ross Chilton, MA, RCC

Interlock lawyer who works in a small firm. He finds control over the future he felt less anxi- himself working harder and harder to ety and more excitement. He was able reach the same billable hour targets. It is to work on tasks that would get him starting to take its toll and he finds he ready to take the next step in his ca- doesn’t have the same energy and enthusi- reer. Last summer most economists were asm for work. suggesting that the longest uninter- Interlock professionals are available to rupted period of economic growth in * * * assist lawyers and their families with a wide range of concerns, including: the United States was nearing an end. Sandy is a young lawyer in a small firm. A recession in the U.S. almost certainly During law school she and her husband ac- · career consultation for those faced meant that Canada would face the cumulated significant debt. Though they with job loss or transition; same downturn. The events of Sep- have been working hard the last few years, · tember 11 sent the already vulnerable marital and relationship counsel- they find that the debt worries are placing a ling; economies on both sides of the border strain on the marriage. They frequently ar- · into contraction. gue about money and worry about what lifestyle planning; and Locally, things were not looking would happen if Sandy’s firm loses clients. · professional assistance for those promising despite the introduction of * * * suffering from anxiety or depres- substantial personal and corporate tax sion. Depression will affect at least cuts. The long-standing lumber dis- Ajit has just been told that his position is one in five adults during their ca- pute with the United States reached going to be eliminated in downsizing. He reer and early intervention assists the boiling point with the application is not sure he wants to continue practising in returning to normal function- of duties amid claims of unfair trading law. He feels anxious most of the time and ing. practices. The British Columbia econ- has started to have occasional panic at- omy, still very dependent on the forest tacks. He doesn’t know what to do. sector, was at the end of 10 years of less * * * than spectacular growth. With a new provincial government came a new di- Financial stress, coupled with job un- rection, cuts to the budget and civil certainty, can be overwhelming for service and agreements imposed or al- even the most resilient individual, tered. Even more changes are now on couple and family. Interlock can help. the horizon. Through Interlock, Alexander was able to develop a plan for work — life If you are a lawyer or articling student Though it is unlikely to be reported in balance. He learned to schedule time and you, a spouse or partner or a de- the morning paper or nightly news- for himself and for his important rela- pendent child would like assistance cast, the legal profession will experi- tionships with friends and family. He with personal, family or work-related ence significant pain. Changes in the is more productive and experiences concerns, please call Interlock for con- fidential, professional counselling. The private and public sectors will directly greater satisfaction in his work. translate into less work for lawyers. Law Society of B.C. funds this service Some will lose their positions while Sandy and her husband needed assis- to support lawyers in their professional and personal lives. To arrange an ap- others will struggle with a decrease in tance to move from worry to action. They developed a budget and made pointment at a convenient location billings. Many lawyers will find them- call: selves working harder to avoid losing some financial plans for how they would manage the transition if Sandy Lower Mainland / Fraser Valley: (604) ground financially. When personal 431-8200 debt is at historic levels, this is certain lost her position. They started work- National toll-free: 1-800-663-9099 to be a difficult period. ing together to solve the problems and this made them feel closer. Emergency after hours: 1-800-324- 9988 * * * Ajit used counselling to develop a ca- Alexander, for example, is a 45-year-old reer plan. He found that when he took

7 Practice & Ethics

Practice Tips, by Dave Bilinsky, Practice Management Advisor A new world at your fingertips, in the palm of your hand

x If I could, then I would, achieve similar improvements in their your PDA. Any changes made, either I’ll go wherever you will go own practice as professionals. on your case management program or Way up high or down low, I’ll go on your PDA, are “synched” and up- wherever you will go… question x Get a Palm Pilot! dated once you return to the office, Words and music by Aaron Kamin and Thomas Edison always had a note- place your PDA on its cradle and hit Alex Band, recorded by The Calling. book and pencil close at hand for when the button. This dynamic update fea- he came up with an idea. Keep a Palm ture means that you will never carry a In the January ComputerWorld Canada Pilot or other PDA close at hand and paper diary again — for the PDA is an article on how physicians, as you can always jot yourself a note brings value-added functionality to compared with any other professional about a file — in addition you will your fingertips. group, have become the biggest have all of your clients’ contact infor- Furthermore, if you acquire any of the adopters of the personal digital assis- mation and your calendar with you at thousands of software applications tant, or PDA. A PDA is, quite simply, a all times. They are great for looking up written for these devices, you can keep handheld computer. The best known a telephone number quickly, checking track of time, billing and expense data, is undoubtedly the Palm Pilot (so or making an appointment, looking at jot down notes and read reference ma- much so that “Palm” is frequently your To-Do’s or even for keeping track terials on the go. used as a generic name for the device), of your billable time and expenses but other examples are the when out of the office. Let your electronic calendar Handspring Visor and Compaq iPAC. manage your time Our medical colleagues have realized Get a case management the advantages that these little won- program that synchs with Now that you have Outlook, Amicus ders bring to their practice, principally your Palm Pilot Attorney, Time Matters or other soft- in three areas: accessing reference ma- ware, use the alarms in their electronic One of the advantages of MS Outlook, terials, updating patient files and calendars to manage your time. When Amicus Attorney, Time Matters and scheduling / billing. Accordingly, this you are meeting with a client, schedule other programs is that they quickly column is devoted to offering as many another appointment to start when “download” your client contact list, “tips” as space allows for lawyers to you wish the prior appointment to To-Do list and appointments onto end. Set an audible alarm for 10 min- utes before the start of the second ap- pointment and turn up the volume on your computer. When the alarm goes off (which your client can’t help but hear) announce that you have an up- coming appointment. These appointments can be down- loaded to your Palm, allowing it to produce alarms for you while on the road, even if it is turned off. Moreover, there are applications such as TimeBill that has a “stopwatch” logging feature that lets you log time worked on a task by selecting this task and clicking a button. TimeBill automatically tracks the time logged on the active task to the exact second. It keeps track of elapsed time even when the Palm is turned off or you are working with other applications, until you tap the stop button or move on to another

8 Practice & Ethics

task. You can also manually create and existing duties — and you will carry go through your completed files for edit log records. these appointments around with you the specific purpose of producing on your PDA to avoid over-commit- bills, your staff and partners will real- Use your contact manager to ting when out of the office. ize that this is your “billing time” and market your practice will leave you alone. Moreover, since Use your “repeat appointment” you have set this time aside to attend All case management software can feature to advantage to this task, soon it will become auto- maintain lists of clients. Set yours up matic for you to do your billing on a so that you can sort your clients by ar- All electronic calendars can quickly regular schedule. eas of interest — wills & estates, con- schedule repeat appointments. By struction law, small business law, scheduling a day each week or month personal injury. When a case or a bit of — say Thursday afternoons or the continued on page 13 news of interest comes up in a particu- third Wednesday in each month — to lar area, sort the list of clients corre- sponding to the area of interest and have your assistant send the newswor- thy bit off to those people with a little note: “I thought this may be of interest to you – Regards, Joseph or Josephine Law- Practice Advice yer.” Great way to keep in touch with your clients and reinforce that you are thinking of their interests even if you don’t have an active file on the go. If you see something of interest when out of the office, you can write yourself a note in the Palm and take action on it when back in the office.

Make appointments with Dave Bilinsky Felicia S. Folk Jack Olsen yourself Practice management advice Ms. Folk and lawyers are strictly confi- At the start of each day, take a moment dential, except in cases of trust fund David J. (Dave) Bilinsky is the Law Soci- and plan your day — not by making shortages. You are invited to call her at ety’s Practice Management Advisor. His (604) 669-2533 (toll-free in B.C. lists but by making appointments with focus is to develop educational pro- 1-800-903- 5300) or email her at yourself. Take your To-Do’s and your grams and materials on practice manage- [email protected]. electronic calendar and schedule ap- ment issues, with a special emphasis on pointments with yourself to: technology, to increase lawyers’ effi- Ethical advice ciency, effectiveness and personal satis- · work on the To-Do’s Jack Olsen is the staff lawyer for the Eth- faction in the practice of law. His ics Committee. In addition to fielding · keep in shape preferred way to be reached is by email practice advice questions, Mr. Olsen is to [email protected] (no telephone tag). Al- available for questions or concerns about · go out with your significant other ternatively, you can call him at (604) ethical issues or interpretation of the Pro- 605-5331 (toll-free in B.C. 1-800-903- · fessional Conduct Handbook. He can be do things with your children 5300). reached at (604) 443-5711 (toll-free in · read about current developments Practice advice B.C. 1-800- 903-5300) or by email at [email protected]. When additional guid- in your field. Felicia S. Folk, the Law Society’s Practice ance appears necessary, Mr. Olsen can As lawyers we tend to set aside our Advisor, is available to give advice in also help direct enquiries to the Ethics own priorities in favor of those of our confidence about professional conduct, Committee. including questions about undertakings, clients. Furthermore, we allow the You can also reach Mr. Bilinsky, Ms. Folk confidentiality and privilege, conflicts, or Mr. Olsen by writing to them at: “here and now” to take over — the cri- courtroom and tribunal conduct and re- sis of the moment. By making specific sponsibility, withdrawal, solicitors’ liens, The Law Society of BC appointments with yourself in your client relationships, lawyer-lawyer rela- 8th Floor – 845 Cambie Street calendar, you will think twice about tionships and other ethical and practice Vancouver, BC V6B 4Z9 taking on new responsibilities before questions. All communications between Fax: (604) 646-5902. you have cleared your calendar of the

9 Practice & Ethics

Practice Watch, by Felicia S. Folk, Practice Advisor Information overload*

The daily New York Times now con- gists Larry Rosen and Michelle Weil Technology not only directly contrib- tains more information than the seven- say, “Like jugglers, people have inher- utes to information overload, it also in- teenth century man or woman would ent limits as to how many balls they directly contributes to it through a have encountered in a lifetime. can keep in the air at the same time. If phenomenon Rosen and Weil label they try to manage too much at once, “time compression.” Richard Saul Wurman, Information their cognitive system, or brain, Anxiety (1989) When we are faced with tasks, we rely doesn’t work very well. In fact, with on our own internal clocks to estimate Every day we are inundated with an just a few too many thoughts, our en- how long the task will take. Rosen and ever-increasing amount of informa- tire system goes into serious overload Weil assert that, as a result of the speed tion and an ever-increasing number of and, just like the overextended jug- of technology, we tend to consistently decisions on what to do with that in- gler, all the balls start falling, and one estimate that tasks will take less time formation. Studies show that work must scramble to pick up the pieces … to complete than they do. Conse- and personal life suffer due to the When animals are forced to quently, instead of saying no to addi- stress induced by information over- multi-task, they become nervous, tional work when we are busy, we take load. frightened, and eventually frozen into on more, exacerbating our overload. inactivity or launched into a frenzy.” One strategy that professionals em- ploy in their wrestling match with in- Strategies to turn the tide When we are experiencing processing formation and task overload is to overload, the brain runs full tilt at Set limits and boundaries: Advise others multi-task. Multi-tasking creates the im- times when it really needs to be quiet of your preferred form of communica- pression and perception that we are doing and resting. So, in the middle of the tion. Designate the best times for peo- two tasks simultaneously. However, night, we wake with a myriad of ideas ple to call you. Ration the time you multi-tasking actually involves rap- and are unable to fall asleep until they spend cruising the internet or watch- idly switching our attention back and are removed from our active con- ing television. forth from one task or stimulus to an- sciousness. We are actually searching Give yourself solid, uninterrupted time to other. for ways to turn off our brains and get work on one task: Make it a priority to In their book, Technostress, psycholo- the rest we need. complete a task before moving on to

Information Fatigue Syndrome · Feeling a continual need to engage in multi-tasking behaviour · “Plugged-in” compulsion: Experiencing a constant need to check voicemail and e-mail · Experiencing an inability to slow down because there is always more to do than time allows · Free-floating hostility: Becoming angry when something or someone interferes with work flow · Stress and health problems: poor concentration, sleep disturbances, irritability, memory loss and physical illness · Alienation from others · Mental and emotional “shut down” due to information overload

* Thanks to Mike Long and “Insight,” the Oregon Attorney Assistance Program newsletter, for permission to reproduce this item.

10 Practice & Ethics

Checklists Manual will be published on the Law Society website in May. In ad- dition to the annual update of existing checklists, two new areas of law will be added:

· Immigration Law · Gay and Lesbian Issues

Immigration Law will be added as a separate checklist, while Gay and Les- bian Issues are expected to be incorpo- rated into existing checklists in several areas of practice. Human rights and Aboriginal Law is- sues will also be added to the check- the next. You don’t have to acquire every new lists in the near future. The focus of the Respond on your own time: Disable the technology. If beepers and cell phones latter will be on issues that arise when e-mail “ding” and turn off the ringer cause you stress, stick with voicemail. Aboriginal clients or interests are in- on the fax machine. Schedule time away from information: Set volved in a legal matter; accordingly, Sift and trash: Focus on the information aside time for exercise, sports, dinner each of the existing checklists will be you really need. Separate the impor- with friends and vacations. reviewed to determine where those is- sues might arise. tant from the rest. Don’t save a huge * * * pile of articles, faxes and e-mails that Practice Checklists Manual The CLE Society is working with the you intend to reconsider later. Law Society on these and other future Use the technologies that work for you: The next update to the Practice improvements to the checklists.

From the Ethics Committee Lawyers may participate in First Canadian Title’s redesigned “Home Closing Program”

Last Fall the Ethics Committee con- Conduct Handbook does not permit a unfold in predictable ways that cluded that it was not proper for a law- lawyer to act for a title insurer in generally permit lawyers to avoid yer to act on a simple conveyance for addition to either or both of the conflicts. the purchaser of real estate, the mort- purchaser and mortgagee. Appen- In the Committee’s view the sale, gagee and a title insurer (such as First dix 3 is an exception to the rules set purchase and mortgage of real Canadian Title): see the September-Octo- out in Chapter 6 of the Professional property is a “real property trans- ber 2001 Benchers’ Bulletin. Conduct Handbook that prevent law- action” contemplated by Appendix yers from acting for clients who are Following a redesign of the First Ca- 3. However, a contract to insure the adverse in interest and which nadian Title home closing program, title cannot be said to be part of the would ordinarily prevent lawyers the Committee has now changed its real property transaction. It was from acting for multiple parties to a advice to the profession. the Committee’s opinion that such real estate transaction. a contract is a contract of insurance As the First Canadian Title program The usual rule in Chapter 6 has that falls outside the real estate ex- was originally designed, the Ethics been modified in the case of real es- ception to the conflict rules permit- Committee had stated the following, tate matters to reduce the costs that ted by Appendix 3. in part: separate representation of all par- It was the view of the Committee ties would require, and because continued on page 12 that Appendix 3 of the Professional simple real estate transactions

11 Practice & Ethics

lender because of a conflict be- · the purchaser is free to choose any Ethics Committee … from page 11 tween the interests of those clients lawyer willing to act in the matter, and the interests of the title insurer. and

In the Committee’s opinion, law- As a result of the Ethics Committee · the lawyer who acts for the pur- yers must be free to give advice to opinion, First Canadian Title rede- chaser or for the purchaser and purchasers and lenders concerning signed its home closing program. lender is free to raise and discuss the appropriateness of title insur- These are some of the features of the with those clients any aspect of ti- ance for any individual real prop- redesigned program: tle insurance, whether or not the erty transaction. While it may be a · First Canadian Title is not a client clients have a binding obligation good idea for purchasers and lend- of the lawyer who acts for the pur- to purchase title insurance in con- ers to insure the title to property in chaser or for the purchaser and nection with the transaction. some circumstances, there will be lender, other situations where the cost of ti- It is the Ethics Committee’s view that, tle insurance may not be justified. If · the lawyer acting for the pur- under the redesigned First Canadian lawyers were to act for a title in- chaser, or for the purchaser and Title home closing program, it is surer along with a purchaser or the lender, owes no duties to First proper for a lawyer to act for a pur- lender they would not be posi- Canadian Title, other than the eth- chaser, or for a purchaser and a lender tioned to give advice concerning ical duties a lawyer owes to a (provided that representation is per- that issue to the purchaser and non-client, mitted by Appendix 3).

News from the Courts

B.C. Supreme Court bar and develop education programs and considered the matter further, the Notice to the Profession (January 3, for both family law lawyers and mem- Court has decided to maintain its cur- 2002) from Chief Justice Donald I. bers of the Court dealing specifically rent form of address of “My Lord/My Brenner: Proposed Family Law Pro- with the conduct of judicial case con- Lady.” ferences. ject: new implementation date of July B.C. Court of Appeal 1, 2002 Revised Draft Guidelines for Televi- The details of the new procedures are sion Coverage of Court Proceedings Notice to the Profession (January 23, found in the Report of the Family Law Chief Justice Brenner advises the pro- 2002) from Registrar J. Jordan: Committee to the Chief Justice, which fession that, while the consultation Changes to the Court of Appeal Rules is found on the Court’s website at process respecting television coverage effective March 1, 2002 www.courts.gov.bc.ca. of court proceedings remains ongoing, New Court of Appeal Rules have been Since the June 7, 2001 Notice was is- draft guidelines based on submissions approved and are in effect March 1, sued, the Supreme Court Family Law to date are available on the superior 2002. The new rules can be found on Committee has received many com- courts website at www.courts.gov. the court’s website at www.courts. ments from family law lawyers on the bc.ca. gov.bc.ca/CA/rules/carulesfinal.htm. proposed procedures. In the course of Form of address in Supreme Court consultations with the bar and mem- Briefly, the new rules incorporate bers of the Court, it became apparent Following the change in the form of many of the Court’s practice direc- that it is desirable to amend the Su- address last year for judges in the Su- tives, provide new forms, eliminate preme Court Rules to implement the preme Court of Canada from “My paper by changing the way that appeal new procedures. Accordingly, the Lord/My Lady” to “Justice,” the B.C. books and transcripts are prepared, present intent is to proceed with the Supreme Court considered whether permit a certificate of readiness to be new procedures effective July 1, 2002. its own form of address should filed with an appellant’s factum, allow This will allow the Rules Revision change. It accordingly invited views for the filing of electronic factums, in- Committee time to consider the appro- from the B.C. legal profession last Fall. troduce rules for intervenors, require priate rule changes. This will also give Chief Justice Brenner thanks the pro- an address for service within B.C. and the Court time to further consider the fession for its input and now advises generally consolidate the procedures useful comments received from the that, having received 31 submissions of the Court in one document.

12 Practice & Ethics

Lawyers should be cautious listing on directory websites

Lawyers should exercise caution very poorly and subjected to crude receive complaints about lawyers. when placing advertisements or and abusive comments when seeking While there are legitimate opportuni- listings in lawyer directory websites, referrals from one such website. ties for lawyers to advertise legal ser- some which offer free lawyer referrals Some members of the public may mis- vices on the internet, it is important to to the public. takenly view a directory website as in first verify the standards and reputa- The Law Society has heard from mem- some way connected to law societies, tion of those running a website. bers of the public, in particular in particular if the site features links to women, who reported being treated law societies or if it also purports to

Use your PDA to keep up to his Palm VII, equipped with a wireless Practice Tips … from page 9 date Westlaw connection enabled by Palm.net, a dedicated wireless service. Software for PDAs — such as the Palm During the proceedings, the opposing Have your “task manager” support web-clipping — allows you to lawyer cited the case of Smith v. Jones. manage your deadlines download information off the web for The lawyer pulled out his Palm, con- reading out of the office. You can, for nected to Westlaw using Palm.net and All of us can overlook a deadline when example, download the “stay current” looked up the citation history of Smith we are caught in the hustle-bustle of a news from CLE (www.cle.bc.ca), cases v. Jones. When it was time for the op- busy day or week. Enter all important from the B.C. superior courts home posing submission, our lawyer deadlines into your task manager in page (www.courts.gov.bc.ca), cases handed up his Palm to the judge and your electronic calendar with the cor- from the Supreme Court of Canada stated that the Smith v. Jones case his responding deadlines. Make it a rule (www.scc-csc.gc.ca) and other infor- friend was relying on was no longer of thumb not to take on a new task un- mation to review on the train or in good law. Needless to say, the wireless less and until you have reviewed your Chambers while waiting to be called. lawyer won his case. current list of deadlines to avoid be- Work while out of the office It will only be a short time before legal coming overbooked. The reminder without carrying a laptop databases and resource materials will and alarm features will remind you of be accessible to us in a wireless format the upcoming deadlines. This is partic- You can now put Word, Excel and directly by a Palm device similar to the ularly good for limitation reminders PowerPoint files and eBooks (even Palm.net service in the U.S. Provided as you will also be carrying them video clips) on a 16MB SD and plug it you have internet access through your around with you on your PDA calen- into an expandable Palm or cell provider, you can do this indi- dar (and presumably in your To-Do’s Handspring Visor and work wherever rectly now by attaching a modem to as well). you are — without a computer. I have your Palm and connecting it to your Have your PDA check for seen full-colour PowerPoint presenta- cell phone. For the Palm to access the tions done from a Palm — great for cli- information directly will be (yet an- conflicts ent presentations on the go (and a other) big step ahead. great way to show to a client that you Your electronic case manager is capa- The software applications written for are up to date). iSilo — a document ble of identifying all parties associated the Palm number over 10,000 and can viewer for the Palm platform — allows with a file — clients, opposing parties, be found at www.palm.com. A PDA you to use your Palm as a knowledge other lawyers, witnesses, physicians goes wherever you go — allowing you manager. You can carry around case and expert witnesses. Your PDA car- to keep your practice in the palm of law, memos, notes, agendas, reports ries this complete contact list — allow- your hand. and news to read on the road. It also in- ing you to check for a conflict if * * * cludes an outliner to jot and organize approached by a potential client out- Has the PDA made a difference to new notes and ideas. side of the office. Your Palm can also your practice? If you have tips, sugges- quickly check for a potential conflict Watch for what’s ahead tions or insights to share with others in when you are back in the office when the profession, send them to Dave first answering a telephone call. In the U.S., a lawyer went to court with Bilinksy at [email protected].

13 Regulatory

Special Compensation Fund claims

The Special Compensation Fund, · Did he or she receive the funds or secured by a mortgage. There were funded by all practising lawyers in property in his or her capacity as a already two other mortgages on the B.C., is available to compensate per- barrister or solicitor? property and insufficient equity to sons who suffer loss through the mis- · support B’s mortgage. When the prop- appropriation or wrongful conversion Did he or she misappropriate or erty was sold in 1994, the first and sec- of money or property by a B.C. lawyer wrongfully convert the funds or prop- ond mortgages were paid out, but Mr. acting in that capacity. Although in- erty? Pomeroy paid the remaining stances of misappropriation in the · Did the claimant sustain a loss? $24,452.97 of sale proceeds into his profession are rare, the Special Com- own account. Mr. Pomeroy also with- The Committee may require a claim- pensation Fund is a public protection drew $1,300 from the estate to pay his ant to first obtain a judgment against the profession takes seriously. own credit card bill and $1,200 for his the lawyer, or may relieve the claimant own use. In total, he repaid $4,375.63 The Special Compensation Fund of this requirement, and has the discre- to B. A discipline hearing panel found Committee makes decisions on claims tion, in certain circumstances, to that Mr. Pomeroy had converted most for payment from the Fund, in accor- award interest or legal costs to a claim- of B’s savings to his own use. dance with section 31 of the Legal Pro- ant. The Committee usually requires fession Act and Law Society Rules 3-28 the claimant, as a condition of pay- The Committee was satisfied that Mr. to 3-42. ment, to assign to the Law Society any Pomeroy had misappropriated or Rule 3-39 1(b) allows for publication to rights of recovery against the lawyer. wrongfully converted $153,124.37 and the profession a summary of the writ- ordered payment of this amount from ten reasons for decisions of the Com- Bruce Ross Pomeroy the Fund to B, without interest. Al- mittee. though B had obtained default judg- Called to the Bar: May 19, 1989 ment in Supreme Court against Mr. For each claim, the Committee must Pomeroy, damages in the matter had Undertook to cease practice: June canvass such preliminary issues as: not yet been assessed. Given the cost 6, 1996 · Should the claim be considered prior and the difficulty of recovery from Mr. Ceased membership: January 1, to the conclusion of discipline pro- Pomeroy, the Committee decided B 1997 ceedings?* need not pursue the damages assess- Disbarred: April 10, 2001 ment to recover from the Fund. (*The consideration of claims usually follows discipline proceedings. When Discipline proceedings: see DCD Claimant: G considering complaints against a law- 01/11 for facts, verdict and penalty. Payment approved: $134,878.91 yer who has ceased membership, the At the time of these claims (other Decision: November 27, 2000 Discipline Committee may in some in- than for claimant M), penalty was Report issued: April 23, 2001 stances decide not to pursue those pending in the discipline complaints but to place the material proceedings. In 1993 Mr. Pomeroy provided legal on the lawyer’s file should he or she services to, and became the attorney apply for reinstatement.) for, G, an elderly woman who was re- · Should the claim be tabled and the Claimant: B cently widowed, had little education claimant required to obtain a judg- Payment approved: $153,124.37 and lacked business and investment ment against the lawyer? Decision: September 11, 2000 sophistication. Mr. Pomeroy had G Report issued: December 4, 2000 sign, without independent legal ad- · Was the claim made within the vice, a loan authorization that allowed two-year time limit? Mr. Pomeroy represented B, an elderly him to oversee or to personally borrow In considering the merits of a claim and vulnerable woman, in the sale of a up to $200,000, with or without secu- and before it can exercise its discretion house and preparation of a will in rity. Mr. Pomeroy borrowed more on whether to pay a claim, the Com- 1993. B gave Mr. Pomeroy power of at- than $172,000 over a period when G’s mittee must determine several critical torney without Mr. Pomeroy ensur- competency was in question or she issues: ing, or even advising, that B obtain was in fact incompetent. He provided independent legal advice. Mr. as security a mortgage over his matri- · Was the lawyer or former lawyer a Pomeroy then had B authorize a loan monial home, although there was in- member of the Law Society at all rele- in his favour, which he used to ad- sufficient equity in the property to vant times? vance a $155,000 loan to his wife, support the mortgage. He further

14 Regulatory

withdrew $7,800 from G’s account The Committee found that Mr. without recommending independent without rendering any account to her. Pomeroy had misappropriated or legal advice. The mortgage provided A discipline hearing panel had found wrongfully converted the funds in his as security was over property not in that Mr. Pomeroy had borrowed capacity as a lawyer and had provided fact owned by the mortgagor and was money from G with reckless disregard no explanation. The Committee noted therefore not valid security. as to whether he could repay it, and his history of acting in conflict with re- continued to do so even when he knew spect to J, his pattern of behaviour Mr. Pomeroy disbursed the funds, re- that G was incompetent and that he with other elderly, unsophisticated taining $30,000 for himself despite could not repay her. clients and the finding of the discipline having advised M that the money hearing panel that his primary aim would be held for her benefit. Mr. The Special Compensation Fund was to benefit himself. Pomeroy convinced M to make two Committee ordered payment to the other loans, including a $20,000 loan claimant of $134,878.91, being the net The Committee approved payment of $166,500, without payment of interest. that, without her knowledge, was for amount of her claim less repayments Mr. Pomeroy. There was no documen- made by Mr. Pomeroy and money Claimant: M tation or security and the loan was not paid to her following foreclosure of Payment approved: $189,543.19, includ- repaid. the mortgage. ing legal fees and expenses Claimant: J Estate Decision: July 9, 2001 The Committee found that Mr. Payment approved: $166,500 Report issued: September 28, 2001 Pomeroy received the funds for M in Decision: February 5, 2001 Mr. Pomeroy began acting in divorce his capacity as a lawyer and that, while Report issued: May 10, 2001 proceedings for M, an unsophisticated it could be argued the funds were placed with Mr. Pomeroy for invest- Mr. Pomeroy represented J on various client. In January, 1993 he received $474,926.61 as proceeds from the sale ment purposes, this did not alter his matters. He drafted a will for J in lawyer-client relationship with M. He which Mr. Pomeroy was named as ex- of the matrimonial home under the di- vorce settlement. had misappropriated or wrongfully ecutor. converted the funds. After J’s death in 1995 and the grant of Mr. Pomeroy subsequently withdrew probate, Mr. Pomeroy transferred from trust the sums of $10,225.81 and The Committee approved payment of $160,000 from the estate as a loan to $10,000 without explanation and with- $179,543.19, being the total amount of companies controlled by another of out evidence the funds were for pay- the misappropriation ($201,875.81) his clients. The loan was to be secured ment of fees. He then paid out $1,650 to less the funds that M had received as by a mortgage, but the mortgagor did another client, without M’s authoriza- repayment on the principal of her loan not in fact own the property in ques- tion or knowledge. ($22,332.62). The Committee declined tion. In disbursing the loan proceeds, In 1995 Mr. Pomeroy convinced M to to award interest but paid $10,000 to- Mr. Pomeroy paid himself $69,000. He lend $160,000 for a property develop- wards M’s legal costs and relieved her took a further $6,500 from the estate ment, without advising her the loan of pursuing an action against Mr. with no explanation. was to another of his clients and Pomeroy.

Society obtains new unauthorized practice undertakings and orders

B.C. Supreme Court has ordered Randy Panagopka and R.P. Compen- sation Advocacy of Salmo not to ap- pear as counsel, to draw documents in any judicial or extra-judicial proceed- ing, to negotiate claims or demands for damages, to give legal advice, to offer to do any of these things for a fee or to represent that he is qualified or enti- tled to do any of these things unless he becomes entitled to practise law in B.C.: October 19, 2001 On application of the Law Society, the

15 ELECTED BENCHERS EX OFFICIO BENCHER Gary L.F. Somers, QC Madam Justice Mary F. Southin Attorney General President Marvin R.V. Storrow, QC Geoff Plant, QC Richard C. Gibbs, QC Benjamin B. Trevino, QC First Vice-President William M. Trotter, QC LIFE BENCHERS Alan E. Vanderburgh, QC Howard R. Berge, Q.C R. Paul Beckmann, QC Brian J. Wallace, QC Second Vice-President P. Michael Bolton, QC Karl F. Warner, QC Robert W. Bonner, QC Warren T. Wilson, QC William M. Everett, QC Darrell T.B. Braidwood, QC *** Mr. Justice Thomas R. Braidwood MANAGEMENT BOARD Cecil O.D. Branson, QC Ralston S. Alexander, QC Executive Director Robert D. Diebolt, QC Trudi L. Brown, QC Ian Donaldson, QC Mr. Justice Grant D. Burnyeat James G. Matkin, QC A. Brian B. Carrothers, QC Anna K. Fung, QC Deputy Executive Director David W. Gibbons, QC Mr. Justice Bruce I. Cohen Jean P. Whittow, QC Robert W. Gourlay, QC Robert M. Dick, QC Director of Discipline and John J.L. Hunter, QC Ujjal Dosanjh, QC Professional Conduct Gerald J. Kambeitz, QC Leonard T. Doust, QC Peter J. Keighley, QC Jack L.T. Edwards, QC *** Robert W. McDiarmid, QC Dr. James J. Gow, QC Brad Daisley Margaret Ostrowski, QC Arthur M. Harper, QC Public Affairs Manager G. Glen Ridgway, QC David B. Hinds, QC Susan Forbes Patricia L. Schmit, QC John M. Hogg, QC Director, Lawyers Insurance Fund H. Allan Hope, QC William J. Sullivan, QC Jeffrey G. Hoskins Grant C. Taylor Henry E. Hutcheon, QC General Counsel Robert T.C. Johnston, QC G. Ronald Toews, QC Susan James Peter Leask, QC Russell S. Tretiak, QC Human Resources Manager Ross D. Tunnicliffe Gerald J. Lecovin, QC Hugh P. Legg, QC David Newell Gordon N. Turriff Corporate Secretary James D. Vilvang, QC Charles C. Locke, QC James M. MacIntyre, QC Neil Stajkowski Anne K. Wallace Chief Financial Officer David A. Zacks Richard S. Margetts, QC Allan D. McEachern Alan Treleaven Director, Professional Legal Training LAY BENCHERS* Meredith M. McFarlane, QC Lloyd G. McKenzie, QC Ron Usher Jaynie Clark Brian W.F. McLoughlin, QC Staff Lawyer, Practice Opportunities Ann Howard Colin D. McQuarrie, QC Adam Whitcombe Marjorie Martin Kenneth E. Meredith Chief Knowledge Officer Anita Olsen Peter J. Millward, QC June Preston Dennis J. Mitchell, QC Karen F. Nordlinger, QC * The Law Society is currently awaiting Richard C.C. Peck, QC the appointment of Lay Benchers for the Harry Rankin, QC 2002-2003 term. There is provision in the Emily M. Reid, QC Legal Profession Act for Lay Benchers to Norman Severide, QC overhold until new appointments or re- Jane S. Shackell, QC appointments are made by the provincial Donald A. Silversides, QC Cabinet.

Contact

845 Cambie Street Lawyers Insurance Fund Vancouver, B.C. Telephone: (604) 682-8911 Canada V6B 4Z9 Telefax: (604) 682-5842

Telephone: (604) 669-2533 Toll-free within B.C.: 1-800-903-5300 Telefax: (604) 669-5232 TTY: (604) 443-5700 Website: www.lawsociety.bc.ca