to view the PDF version of The Advisory

Transcription

THE
ADVISORY
volume 9, i s s u e 3 • D E CEMB E R 2011
i n this iss u e
01
01
02
02
Managin g R is k
in the Pu b l ic I nte re s t
From the President: Managing Risk in the Public Interest
Alberta Law Foundation Increases in Funding provides Stability to Legal Aid
Executive Director’s Report: Three Dimensions of Risk Being Strategically Managed
“No-Cash” and “Know-your-Client” Rules are Key in Fighting Money Laundering
NEWS
03
03
04
04
05
05
06
06
06
07
08
Statutory Amendments Sought to Streamline Discipline Process
Client Identification and Verification Rules Minimize Risk
Alternative Measures for Conduct Complaints
Business Plan and Budget Keeps Fees at Current Levels
Law Society of Alberta Intervenes in Beaver Lake Cree Nation Case
Red Flags Which May Indicate Fraud
Positive Feedback on Trust Safety Program Received
Counsel Positions Serve the Public Interest and Protect Principles of Justice
Calgary Legal Guidance To Celebrate 40th Anniversary
Meet the New Executive Director: Marian De Souza takes the lead at
the Alberta Lawyers’ Assistance Society
Assist Offers Support to the Legal Profession
FEATUREs
09
10
10
11
11
12
Fall Back to Pro Bono!
New Law Dean Shares Vision for University of Calgary Program
Real Estate Practitioners: Completing a Report Form for a Protocol Claim
Law Society’s Involvement Spurs Legal Assistance to Slave Lake
Practice Review Committee Assists Members, Ensures High Standards and
Protection of Public Interest
Calgary Lawyers Honoured for Fifty Years of Service
PRACTICE
13 Ethically Speaking: Alberta’s New Code of Conduct - Public Statements
14A Neutral Corner: A Critical Illness Checklist Key to Minimizing any Practice Disruption
14Calgary Family Lawyer Inducted into Alberta Order of Excellence
15 Developing a Proactive Approach to Continuing Competence
16 Learning Modules on Code One of Many CPD Plan Opportunities
16 Managing Risk: Credentialing Process Ensures Good Character
17 Law Society Honours Lawyers with 30 Years of Service
REGULATORY
18Summary of Disciplinary Matters
18 Congratulations on Judicial Appointment to Provincial Court
From the President:
Managing Risk in the Public Interest
By Douglas R. Mah, QC, President, Law Society of Alberta
We live in a world that is fraught with risk. The
key to preserving life and happiness is taking
reasonable and prudent steps to manage the
risk appropriately.
Driving in the city or on the highway can
be hazardous to your health. To minimize risk,
you make sure your tires are adequately inflated and your vehicle properly maintained, you
observe the rules of the road and you are wary
of those who don’t follow the rules. You avoid
distracted driving.
Each of us wants to invest our savings to
the best advantage. In order to minimize investment risk, you establish objectives for yourself,
define your tolerance for risk and employ strategies that are consistent with those objectives
and risk levels. You may seek professional advice in that regard. You’d probably agree with
me that blowing your life savings in Las Vegas is
not an effective investment strategy and likely
to lead to unhappiness.
Managing risk in the public interest lies at
the core of the Law Society’s regulatory mandate. The Law Society’s task is to keep the re-
lationship between the legal profession and the
public healthy and happy in Alberta. The Law
Society does so by managing the risk in that
relationship. The legal profession prospers when
the public has trust and confidence in lawyers
as professionals and derives value from the legal
services provided.
To ensure professionalism and value,
the Law Society prescribes standards that all
lawyers must meet in the areas of admission,
competence, ethics, service and continuing
professional development, and in the case of
lawyers in private practice, trust safety. These
standards are established by the Benchers, the
group of 20 elected lawyers and four appointed
public representatives who are charged under
the Legal Profession Act with the responsibility
of regulating and governing the profession.
While most lawyers meet or exceed those
standards, those who do not will encounter one
or more of the Law Society’s regulatory processes. In many cases, remediation of the lawyer
is possible through programs such as Practice
Review, Mandatory Conduct Advisory and As-
sist. In the worst case, the Benchers may have
no alternative but to interim suspend or even
disbar a lawyer as the only effective means of
protecting the public.
Moreover, there are insurance and assurance programs in place to further protect the
public from the risk of lawyer error and defalcation. These programs are funded by member
contributions as determined through an actuarial assessment of risk.
As individual lawyers, we can each do our
part to preserve our profession’s relationship
with the public by managing risk in our practices. This is done by having regard to the
standards, paying attention to our work and
practicing safely.
This issue of Advisory is devoted to the
theme of managing risk in the public interest. I
hope it provides you with insight as to how the
Law Society interacts with you for this important purpose. As usual, I welcome questions or
comments from Alberta lawyers on this or any
Law Society related topic. I can be contacted at
780-498-8665 or [email protected]. v
Alberta Law Foundation Increases in Funding
Provides Stability to Legal Aid
The Alberta Law Foundation Board of Directors recently approved a change in the Foundation’s annual contribution to Legal Aid Alberta
for the next three years.
Under current legislation, Legal Aid is entitled to receive an annual amount equal to 25
per cent of the revenue received by the Foundation from interest earned on lawyers’ general
trust accounts in the preceding year. At current historically low interest rates, this would
amount to about $2 million a year, but is still
1
expected to leave Legal Aid with a cumulative
deficit of almost $10 million by the end of its
2014 fiscal year.
This recent decision will see the Foundation contributing the greater of $5.5 million
and the 25 per cent statutory requirement in
each of 2011, 2012 and 2013. Based on current
forecasts, this represents an increase in Foundation funding of $3 to $3.5 million each year, or
about $10 million over three years. The addi-
the advisory • volume 9, issue 3 • DECEMBER 2011
tional support will provide greater stability and
predictability to the Legal Aid Alberta revenue
stream and is expected to enable Legal Aid Alberta to better meet the legal service needs of
low income individuals all across Alberta.
The Alberta Law Foundation is an independent foundation established under the Legal
Profession Act that receives the interest paid
by financial institutions on lawyers’ general
trust accounts. v
Executive Director’s Report:
Three Dimensions of Risk Being
Strategically Managed
By Don Thompson, QC, Executive Director, Law Society of Alberta
We talk a lot about risk and managing risk
at the Law Society. Some readers may be wondering how risk management fits with our core
function as a regulator of the legal profession.
At the Law Society, we define risk management as “managing the inherent risk of putting
any professional lawyer in practice.” What does
that mean and how do we do this?
What “managing risks” means is that,
in addition to responding to complaints and
through discipline, we are taking proactive and
preventative approaches. We are being proactive in identifying lawyers at risk or demonstrating risky behaviors, and working to remediate
those risks. We are being preventative in setting
up processes and compliance requirements to
reduce the risk of harm to the public.
We do this by beginning to manage risks
from the time law students apply to article and
enter the practice of law.
In addition to the traditional work of responding to unethical conduct through discipline, we manage three dimensions of risk:
1. New Lawyers. Operating a Credentialing
process in which we carefully screen law
student applicants and principals. Weak new
lawyers or weak principals often start on a
risky foundation. The outcome of managing
this dimension is to ensure good character
and entry level competence.
2. Lawyers at Risk. Operating a Practice Review
process in which we recommend that lawyers at risk enter practice review before they
find themselves in conduct proceedings. The
outcome of managing this dimension is ensuring competence.
3. Trust Property. Implementing a new Trust
Safety Program which reduces the risk to
trust funds held by lawyers on behalf of their
clients. This program requires adequate sys-
tems and procedures to manage the risks
to lawyers and the public from fraudulent
schemes and scams.
The cooperation and support of the profession in the implementation of the Trust Safety program as well as Credentialing and Practice
Review demonstrates that these programs are
consistent with the values of the profession. .
These three areas are tied into our Strategic Plan goals of building public confidence, and
enabling the Law Society to lead the rest of the
country in being a model regulator.
This work is part of our regulatory toolbox. As we gain experience in the risk management approach, we may well find other areas of
risk which we need to identify, understand and
manage. But we think that with these three approaches, we are well along our responsibility of
protecting the public. v
“No-Cash” and “Know-your-Client” Rules are Key in
Fighting Money Laundering
A September 27, 2011 decision by the British
Columbia Supreme Court of Canada states
that the Rules of Canada’s law societies to
fight money laundering are effective.
The Federation of Law Societies of Canada recently launched several initiatives to
combat the threat of money laundering and
terrorist financing, while also maintaining the
public interest in a strong and independent
legal profession. New client identification and
verification rules along with “no-cash” rules
are in place at the Law Society of Alberta.
In its judgment, the Court said the application of the federal Proceeds of Crime
(Money Laundering) and Terrorist Financing Act
and related regulations for the legal profession
violate Section 7 of the Canadian Charter of
Rights and Freedoms, and is therefore unconstitutional.
The Federation argued that federal legislation is unnecessary because Canada’s law
societies have already implemented rules requiring lawyers to identify their clients, and to
not accept large amounts of cash from clients
except in certain circumstances.
The Law Societies’ “no cash” rules restrict
lawyers from receiving cash in amounts over
$7,500. The Federation developed a “no cash”
model rule, in recognition of the importance
of anti-money laundering initiatives. Lawyers
are also bound by strict “know-your-client”
rules to ensure they are providing advice only
to bona fide clients whose identity can be reliably ascertained.
Law Societies recognize that the legal
profession must not be used to facilitate money laundering activities. Canada’s law societies promote these two objectives by adopting
rules which protect the public and put clients
first, while respecting basic constitutional values.
For more information on the Law Society’s client identification and verification and
“no cash” rules, visit: http://www.lawsociety.
ab.ca/lawyers/client_id.aspx
More information about the BC Supreme
Court decision is available from the Federation
at www.flsc.ca v
2
Statutory Amendments Sought to
Streamline Discipline Process
By James Eamon, QC and Kevin Feth, QC, Benchers and Co-Chairs, Conduct Process Task Force, Law Society of Alberta
Amendments to the Legal Profession Act
would enable the Benchers to implement more
streamlined complaints and discipline procedures through rule making.
The Law Society of Alberta, through the
Conduct Process Task Force, has actively sought
to assess, enhance and improve its conduct
(complaints and discipline) process. In its thorough review, the Task Force found that overall
there is an appropriate level of transparency and
publicity, but improvements are possible in timeliness and efficiency without sacrificing fairness.
The Task Force concluded that the Law
Society should streamline its processes and
implement alternative measures to resolve
conduct complaints and address problems affecting a lawyer’s practice or performance in
cases where the public interest would be better served than by streaming the matter to a
complaint hearing, all without compromising
the fairness owed to participants.
We have developed several recommendations for proposed statutory amendments
which would be needed to fully realize our objectives and presented them to Government.
Bill 22, the Justice and Court Statutes Amendment Act, 2011, if passed, would make several
amendments to the conduct and discipline process under the Legal Profession Act.
The recommendations of the Task Force
were based on ensuring that the Law Society’s
conduct process remains fair to the lawyer and
complainant and is, transparent, timely and
properly serves the public interest in the ethical
conduct of all lawyers. Benchers will have the
opportunity to debate rules implementing the
recommendations.
The recommendations, in summary are:
1. Empower the Benchers to make rules regarding alternative measures, such as mediation
or referral to a treatment program.
2.Authority to make rules for an enhanced
practice review process, including direct referral prior to a matter being brought to a
Conduct Panel.
3.A settlement power, to be overseen by a
single Bencher, and other possibilities for
single-person hearing committees, again to
be prescribed by rules.
4.Related to #3 above, an expedited process
for guilty pleas and sanctions.
5.Permitting the Benchers to appoint nonBenchers to hearing committees.
6.Repealing the direct appeal on reprimand
cases to the Court of Appeal, and interposing
an appeal to the Benchers.
7.Permitting the Law Society to appeal to the
Benchers and the Court of Appeal in appropriate circumstances.
Many of the recommendations are currently reflected in Bill 22.
Currently, Hearing Committees which
consider whether a lawyer’s conduct is deserving of sanction may only consist of Benchers,
or a Law Society President or former Bencher
who was President or elected at least twice as a
Bencher within the past 10 years.
Bill 22, if passed in the current form, will
authorize the Chair of the Conduct Committee
to appoint “three or more persons, at least one
of whom must be a Bencher or former Bencher”
as a Hearing Committee. Where a lawyer tenders an admission of guilt to the Conduct Committee which is accepted, the chair may also
appoint a single Bencher Hearing Committee.
On November 24, 2011, the Benchers resolved to adopt the recommendations of the
Task Force. These included that non-Bencher
adjudicators will be appointed to hearing committees when, through conflicts or scheduling
difficulties the requisite number of current
Benchers cannot be found, and the hearing
delayed as a result; that former Benchers only
will be considered for such appointment; and,
that a single Bencher will only be appointed
as a Hearing Committee where the lawyer and
Law Society agree to make a joint submission
on sanction. We expect the Benchers will make
rules reflecting these principles.
Finally, included in the amendment package, but unrelated to the conduct process, the
amendments will permit conditions on membership as necessary to permit reciprocal mobility between Alberta and Quebec. v
Client Identification and Verification Rules
Minimize Risk
Client identification and verification rules
are based on a model rule which was developed
as part of a national initiative to fight fraud and
money laundering.
Identification requirements apply whenever a lawyer is retained to provide legal ser-
3
vices of any nature to a client. The lawyer
must obtain basic identification information
about individual or organizational clients in
every retainer.
In the verification process, information
gathering goes beyond obtaining basic iden-
tification, and requires that the lawyer make
reasonable efforts to obtain and retain copies
of information which may be used to confirm
that the client is who or what they say they are.
For more details, visit www.lawsociety.
ab.ca v
NEWS
Alternative Measures Recommended for
Conduct Processes
By Kevin Feth, QC, Bencher and Chair, Conduct Process Task Force #1: Alternative Measures, Law Society of Alberta
In February 2011, the Conduct Process Task Force reported to the
Benchers its conclusion that not all conduct unbecoming a member of
the Law Society should be addressed through the formal disciplinary
process. The Task Force recommended more robust alternative measures
to divert members from the statutory conduct process where diversion
would serve the public interest. As well, it recommended that under some
circumstances, the Executive Director should be empowered to make the
diversion to alternative measures.
A new Task Force – Conduct Process Task Force #1: Alternative Measures – was assigned to review and recommend alternatives to the formal Hearing Committee process found in Part 3 of the Legal Profession
Act. Specifically, the new Task Force was invited to develop principles describing the situations for which alternative measures are appropriate,
and the kinds of measures that would match those situations.
Public Interest Served by Redress and Remediation
In many circumstances, the public interest is best served by a process
which is faster and less adversarial, and which focuses on redress and
remediation rather than punishment. Since complainants are not technically parties at a disciplinary hearing, alternative measures provide complainants with more direct input into the resolution of complaints.
The original Task Force also found that the underlying causes of misconduct frequently involve circumstances that are receptive to remediation. The personal circumstances of a lawyer at risk (e.g. one who suffers
from addiction, disability, emotional distress or incompetence) might be
better addressed through a process emphasizing self-disclosure and rehabilitation rather than sanction.
While sanctions can advance an agenda of specific and general deterrence, they do not necessarily provide the optimal tool for managing
and correcting human frailty, noted the original Task Force in its report
to the Benchers.
A regulatory system that is fair, transparent and timely, and which
acts in the public interest, must also examine mechanisms that assist the
respondent lawyer in avoiding the repetition of mistakes, while respecting human dignity.
Alternative Measures Should be Readily Available
Earlier in Process
The consensus within the new Task Force is that alternative measures
should be more readily available earlier in the conduct process (i.e. before
a complaint advances to the Conduct Committee). Access to the array of
measures should be less complicated.
The new Task Force is assessing the circumstances under which a
referral to alternative measures should be explored, the screening criteria
to be considered by a decision-maker in referring a member, new models
of alternative measures, and the optimal process design.
The discussions to date suggest that the alternative measures and
process design being contemplated will not require any additional legislative change beyond that already proposed by the Law Society. v
Business Plan and Budget Keeps Fees
at Current Levels
By Kevin Feth, QC, Bencher and Chair, Finance Committee, Law Society of Alberta
Practice fees and the Assurance Fund levy for
the 2012 fiscal year will remain at current levels as determined by the Benchers in approving
the 2012 Business Plan and Budget at their Fall
business meeting.
The Practice Fee will remain at $1700,
while the Assurance Fund Levy will stay at $570.
The development of the 2012 Business
Plan and Budget addressed these premises:
1.The Law Society needs to be adequately
funded to properly carry out the day-to-day
obligations of the Law Society, including its
core regulatory obligations and the multiyear policy strategies and initiatives endorsed
by the Benchers to serve the public interest.
2. The Law Society needs to ensure that business planning and budgeting reflect responsible financial stewardship.
Much of the Finance Committee’s work
focused on the General Fund budget and the
Assurance Fund budget.
General Fund Budget Covers
Operating Costs
The General Fund covers the general operating
costs of the regulatory, governance, policy and
access to justice initiatives of the Law Society.
Approximately 73 per cent of the Law Society’s
budgeted resources are allocated to its regulatory functions, 15 per cent to governance, seven per cent to policy and five percent to Access
to Justice. The vast majority of the Law Society’s operating expenditures are dedicated to
the performance of its core statutory mandate.
Last year, the Practice Fee was increased
from $1475 to $1700, restoring the accumulated surplus in the General Fund.
Assurance Fund Budget
The Assurance Fund Budget covers a significant
portion of the Trust Safety program, custodianships and claims against the Assurance Fund. v
4
Law Society of Alberta Intervenes in Beaver Lake
Cree Nation Case
The Law Society of Alberta recently intervened
in the Beaver Lake Cree Nation action and
application to uphold the Legal Profession Act
which ensures that lawyers practising in Alberta
be competent and proficient.
Beaver Lake Cree Nation applied for a right
of audience for six British barristers. The Law
Society of Alberta intervened in this application
to ask the Court to uphold the Legal Profession
Act which permits only active members of the
Society to act as barristers in Alberta courts.
Background
The Beaver Lake Cree Nation and others
have sued the Province of Alberta and the Attorney General of Canada to enforce their treaty rights to hunt, trap and fish. The Nation is
represented by Woodward and Company, a British Columbia law firm, some of whose lawyers
are called in Alberta and others of whom appear in Alberta under the Mobility Agreement.
The plaintiffs sought to accept an offer by six
British barristers to represent them pro bono in
this action.
The barristers are not members of the Law
Society or any reciprocating law society (i.e. any
Law Society who is part of Mobility Agreements
in Canada). Initially, the Nation sought research
and writing assistance from the barristers but
subsequently asked Justice Yamauchi, the case
management judge, to allow the barristers to
appear as advocates, examine witnesses and
make submissions on the law and facts.
Intervention
The Law Society intervened in the Nation’s
application by consent of all parties. The Law
Society took no issue with the barristers’ ability to provide research and wiring assistance to
Woodward and Company as outlined in Chapter 2, Rule 4 of the Code of Conduct.
However, the Law Society pointed out
that Sections 102 and 106 of the Legal Profession Act prevent the barristers from appearing
as advocates, examining witnesses and making
submissions on the law and facts. These two
sections of the Act prohibit the proposed participation of the barristers beyond the supporting role agreed upon by the Law Society and
the defendants.
Justice Yamauchi heard the Nation’s application on May 27, 2011, in chambers in Edmonton. Many Nations members were in court
to witness the application. The Law Society
observed that Justice Yamauchi was mindful of
their presence and sought diligently to find a
way to grant the Nation’s application.
Justice Yamauchi’s Decision
Sections 102 and 106 of the Legal Profession Act prohibit the proposed participation of
the barristers beyond the supporting role conceded by the Law Society and the defendants.
Justice Yamauchi found Rule 2.23 of the Alberta
Rules of Court does not permit this participation. He declined to rule whether this new rule
is available only to self-represented litigants.
Finally, Justice Yamauchi declined to exercise
the court’s inherent jurisdiction and therefore
dismissed the Nation’s application.
Justice Yamauchi concluded the Alberta
Legislature enacted Section 106 of the Legal
Profession Act to ensure lawyers practising in
Alberta are competent, proficient, adequately
insured and bound by the Code of Professional
Conduct. As there was no evidence before him
that the British barristers were insured or bound
by the Alberta Code, the public would not be
protected by granting them a right of audience.
The Nation’s appeal of Justice Yamauchi’s
decision will be heard by the Court of Appeal on
January 9, 2011 in Edmonton. v
Red Flags Which May Indicate Fraud
Fraud is a real and growing problem for all
lawyers, law firms and their staff. The Law Society strives to provide information about fraudulent schemes targeting Alberta lawyers, and
share tips to help lawyers prevent frauds and
losses from occurring. It is important to become familiar with the indicators listed below
and to know the Law Society’s client identification and verification rules. If you are suspicious
the matter you are handling may be fraudulent,
please contact the Law Society.
You may be dealing with fraud if;
• An email solicitation is received for legal
services that allege a referral from an out of
province or out of country lawyer/law firm.
• A client ignores client identity or phone number requests, or when subsequent correspondence to the request is sent and there is no
acknowledgement that there was a request.
5
• Clients offer to pay higher than normal fees.
This is rarely seen now as “suspected fraudsters” are tending to ask targeted legal practitioners to enclose a retention agreement
and particulars in return correspondence.
• An email solicitation is received on behalf of
a corporation that is not referenced in the
sender’s email address (Gmail, Yahoo, AOL,
MSN would be considered red flags).
• Debtors want to settle the debt in a quicker
than usual manner sometimes before the
practitioner has even taken any action.
• A settlement cheque is received that was
drawn on a corporate account that is clearly
outside the address parameters of all correspondence. For example a Calgary lawyer in
contact with client from Japan dealing with a
Calgary debtor, receives a settlement cheque
from XYZ company located in California.
• An unannounced client arrives in your office and satisfies all new client criteria. They
provide a business cheque for deposit to a
trust account. The service requested is to pay
invoices on behalf of the new client’s business. This usually happens near closing at the
end of the business week or the beginning of
a holiday period. Invoices arrive before the
cheque clears banking process and disbursements are made from the trust account.
• There is a sense of urgency to the transaction.
The client’s business is small and cash flow is
strained with the current economy being to
blame. Debt is settled immediately and the
client requests immediate disbursement (less
legal fees) to his/her off shore business account. The debt settlement cheque is returned
as fraudulent and the trust account is short.
continued on page 6…
NEWS
Positive Feedback on Trust Safety
Program Received
By Steve Raby, QC, President-Elect and Chair, Trust Safety Committee, Law Society of Alberta
Feedback received to date on the Trust Safety
program has been positive and has been used to
make changes to the application process and to
the forms.
To date, the Law Society has received over
1,900 Applications to Operate/Register a Law
Firm from law firms in Alberta, which also includes the exemptions from operating a trust
account. As most law firms have a December
year-end, the Law Society is still expecting to
receive an additional 350 forms by the end of
the year. It is expected that by the first quarter
of 2012, a total of approximately 2,300 applications will be processed and approved.
This new program requires that all law
firms, new and existing, must complete an
application form to designate a responsible
lawyer in the firm as well as apply for a trust
account. Each designated responsible lawyer is
required to take an online course.
The Law Society has only one appeal
which will be heard in the near future. This is an
appeal of a decision denying an application for
Responsible Lawyer designation.
New trust accounting rules, approved by
the Benchers, build on best practices that most
law firms in Alberta already have in place. v
Counsel Positions Serve the Public Interest and
Protect Principles of Justice
Lawyers seeking to make a difference are
encouraged to explore two Counsel positions
which offer law practitioners an opportunity to
serve the public interest and protect the fundamental principles of justice.
The Law Society is seeking a Senior Counsel for either its Calgary or Edmonton office,
and a Counsel for its Edmonton office.
The Senior Counsel position is responsible
for all legal services required by the Law Society,
Red Flags Which May Indicate Fraud,
continued from page 5…
• There are inexplicable irregularities in
the accompanying documentation. This
is generally a common debt collection
“scam”. Page one of the documentation
will indicate the debtor to be a certain
person, yet the loan agreement documentation has a totally different name
appearing as the debtor. The amount of
the debt or the maturity date of the loan
could also have changed.
• Any deviation from normal protocol … (if it sounds too good to be true, it
usually is.) v
and participates as a member of the Executive
Leadership Team which provides management
and strategic expertise to the operation of the
Law Society. This leadership position reports directly to the Executive Director/CEO. It leads a
team of four lawyers and supporting staff, and
retains and supervises external counsel, to provide effective and efficient service.
As well, the Law Society seeks an experienced lawyer to join its outstanding counsel
team in Edmonton.
To read the complete job descriptions
please visit www.lawsociety.ab.ca.
The Law Society values diversity in its
workforce and equal access to opportunity. All
inquiries and applications will be handled with
the highest level of confidentiality.
This is an exclusive search. For more information
or to apply, contact Sameera Sereda at 403-4441763. v
Calgary Legal Guidance To
Celebrate 40th Anniversary
On Thursday, February 23, 2012, Calgary
Legal Guidance will be celebrate 40 years of
service with a fundraising Anniversary Dinner
at Hotel Arts in Calgary.
Providing free legal advice and service to
low income Calgarians who do not qualify for
Legal Aid, Calgary Legal Guidance staff and volunteers respond to approximately 30,000 inquiries each year. It operates free evening legal
clinics in downtown Calgary as well as at nine
outreach/satellite clinics.
Funds raised at the Anniversary Dinner
will support both existing and new programs
and services. Current programs include Dial-ALaw, Family Law Duty Counsel, Social Benefits
Advocacy and Homeless Outreach. Two new
programs are in development - Elder Law and
Immigration/Refugee Legal Services.
The reception begins at 6:00 p.m. followed by
dinner with the event program beginning at 7:00
pm. Individual tickets are $150 and tables of eight
are available for $1,200. Tickets to the fundraising
dinner can be ordered at www.clg.ab.ca v
6
Meet the New Executive Director:
Marian De Souza takes the lead at the Alberta
Lawyers’ Assistance Society
By Derek Sankey
Marian De Souza views her role as the Executive Director at Assist as the next step in a career that has always involved working closely with lawyers from many
different backgrounds. Assist is a charitable society that
helps lawyers, law students and their families with personal problems. “It just seems like a natural progression
to work with lawyers on this level,” says Ms. De Souza.
Challenges to overcome
Assist works to reduce the stigma associated with having and addressing personal issues. The culture of the
legal profession may add to the stigma, admits Ms. De
Souza. The need to maintain a professional image of
competence, while bearing significant responsibilities as
a lawyer, can make it difficult to seek help for personal
issues. “A big part of our mandate is to increase awareRole similar to running a business
ness about personal issues and that has been a focus in
Ms. De Souza sees aspects of her role as similar to runmy first year,” she says.
ning any business. “We address operational, infrastrucWhen asked about the best-kept secret of the
ture, IT, marketing and governance considerations and
organization, she quickly responds that it’s “the Board
Marian De Souza
compete for resources, like any company.” More imporof Directors and every volunteer.” These individuals are
tantly though, she describes what is unique about Assist.
devoted to helping their peers and do so without fanShe says, “Assist provides an opportunity to connect with lawyers on a pro- fare. The board recognizes there is more that Assist can do. Their vision
found level.”
includes increasing awareness of programs and services, and establishing
Assist was founded on a tradition of compassionate and caring law- a stronger network of peer support volunteers, all with a view to the
yers in Alberta. It owes its existence to the energy and determination of organization’s long-term vision of prevention. “That is, preventing stress
recovering alcoholics who demonstrated the passion and compassion to in life and law from becoming distress; preventing distress from turning
establish a network of lawyers to help other recovering lawyers.
into crisis; and preventing crisis from becoming a terminal or long-term
Today, Assist is a comprehensive program offering professional debilitation,” she says.
counseling services and peer support for a range of personal issues, including stress, anxiety, work-related issues, relationship issues, family Assist reaches new milestones
problems as well as alcohol, drug and other addictions.
Ms. De Souza is excited about the milestone that Assist reached when it
launched a structured Peer Support program, which offers training to lawyer volunteers who wish to support and encourage peers experiencing difficulties. This program matches a lawyer who has an understanding of the
issue at hand with a lawyer seeking help. She reports that the program has
seen immediate uptake and results are positive. It is also about honouring
lawyers who volunteer their time to help their peers. “It’s humbling to see
lawyers come forward and ask for help, but I’m equally humbled when lawyers offer their help,” says Ms. De Souza.
She believes that her work in private practice, which included famErosion of the legal profession’s monopoly - should this be bad
ily law, has helped prepare her to handle the calls she receives. She says
news?
that working closely with the Canadian Bar Association has enabled her
to better understand the fundamental needs of lawyers. She will assume
The Law Society’s plenary will explore what the monopoly is in
the role of CBA Alberta Branch President in 2013.
today’s world, who is making inroads, and whether such inroads
can be justified as an access to justice solution.
Save the Date for the Law
Society’s Plenary Session at the
2012 Alberta Law Conference
Find out what the Law Society’s recent surveys of the public and
the profession tell us about these issues, and discover 10 things
lawyers can do to help manage the erosion in this challenging
environment.
The Law Society’s plenary session at the Alberta Law Conference
will be held on Thursday, January 26, 2012 at the Westin Hotel in
Calgary, Alberta.
Save the date in your calendars. v
7
Organization of lawyers helping lawyers
Prior to joining Assist, Ms. De Souza was director of a commercial division
in Western Canada, where she identified a need for networking in industry.
As founding president of Commercial Real Estate Women (CREW), she connected Calgary to major global markets.
Ms. De Souza insightfully explains that we strengthen the bar as a
whole by addressing the needs of the individual. To her, peer support represents what Assist is all about – an organization of lawyers helping lawyers. Ms. De Souza will no doubt draw upon her experience as she builds
on the credibility of Assist and grows a strong network of peer volunteers
to help carry out the vision of the organization. v
NEWS
Assist Offers Support to the Legal Profession
Lawyers Helping Lawyers: Assist provides peer
support for Alberta lawyers to address personal and professional issues in a safe and confidential environment. The Alberta Lawyers’
Assistance Society (Assist) offers lawyers and
articling students a chance to receive and offer support through a Peer Support program.
What is the Peer Support program?
• Peer Support occurs when someone shares
their knowledge and experience, whether
practical, emotional or social, to help another person.
• Peer Support is a voluntary service offered
through Assist that can be used on its own
or in conjunction with professional counselling services.
• Peer Support is confidential, within transparent legal & ethical boundaries, in all
situations.
• All interactions are discreet, confidential,
and respectful.
What can I expect as a participant?
Letter from the Chief Justice of the Court
of Queen’s Bench
October 7, 2011
Dear Members of the Bar,
The Alberta Lawyers Assistance Society (Assist) is an independent, charitable society that
helps Alberta lawyers, law students and their immediate families with personal issues.
As Chief Justice of the Court of Queen’s Bench of Alberta, I believe it is important to support Assist and the work it does for our legal community.
There is a program for judges with a similar aim. The role of lawyers and judges alike is
one that is marked by high expectations. Making good decisions sometimes involves taking positions that may not be popular. Positions taken and represented are often subject
to the scrutiny of peers and the public. This, among other things, leads members of the
profession to experience unique pressures.
The need to maintain a professional image of competence, while meeting the significant
responsibility as lawyers and judges make it difficult to ask for help. There is no shame in
seeking the support of a professional or a peer, when needed.
Assist has a history of lawyers helping lawyers. In addition to professional counselling
services, Assist has embarked on a formalized peer support program. The program matches lawyers encountering struggles with a lawyer who has an understanding of the issue
and is willing to offer encouragement and hope. This is a significant initiative towards
prevention. I encourage you to avail yourself of these confidential services and for you
to support a colleague or family member, if help is needed. On the other hand, you may
want to participate as a peer support volunteer, committee or board member and enjoy
the fulfillment this unique opportunity affords.
Your involvement in Assist will help strengthen the profession and the legal community.
Yours truly,
Neil C. Wittmann
• After contacting Assist, you will be quickly
matched with a Peer Support volunteer
who has shared a similar experience or
who can relate to you.
• Your Peer Support match will be available
to talk, share resources, and attend support meetings with you.
• You can shape the Peer Support relationship based on your needs, while maintaining respect for personal boundaries (there
is no minimum or maximum amount of
interactions).
• A relationship of trust and confidentiality
with someone who can relate to your experiences.
What can I expect as a volunteer?
• An opportunity to help lawyers who are
in need of emotional, personal, or careerrelated support.
• Training outlining your responsibilities
and developing skills as a Peer Support
Volunteer.
• A chance to offer support, encouragement,
and referral to appropriate resources.
• The ability to accept or decline peer support matches depending on your comfort
level and previous experiences.
• A network of support through Assist’s Peer
Support program and Professional psychological services.
How do I get involved?
Participant: Call Carolyn McCartney, Peer
Support Program Coordinator at 403-5375508 or toll free, 1-877-737-5508. Carolyn
is willing to listen and will arrange a Peer
Support match.
Volunteer: Visit our website for an online
application at www.albertalawyersassist.ca
or call Carolyn McCartney, Program Coordinator at 403-537-5508 or toll free, 1-877737-5508. v
8
Fall Back to Pro Bono!
By Dale Spackman, QC, Bencher and Director, Pro Bono Law Alberta
Pro Bono Law Alberta was established as
the legacy project of the Law Society of Alberta
during its centenary celebrations in 2007. Its vision is: “Creating and promoting pro bono opportunities for Alberta lawyers.” Its mission is
”to improve access to justice by increasing the
scope and availability of pro bono legal services
to Albertans of limited means. Pro bono legal
services are intended to compliment, not to replace, a properly funded legal aid system”.
Pro Bono Law Alberta’s fall season began
with an exciting number of events and projects
including a new resource bank and a pilot project to provide small claims duty counsel.
New Resource Bank to Promote Sharing
of Knowledge
A new resource bank created by Pro Bono Law
Alberta will promote sharing of information,
resources and knowledge between pro bono organizations across the province.
This summer, it updated its legal resource
manuals and distributed the updated information to all pro bono clinics in Alberta. In addition, the new online resource bank was created
at www.pbla.ca/resourcebank. It will become a
valuable resource for the clinics. It will include
many of the resources found in the resource
manuals, in addition to links to relevant websites, court forms, automatically updated legislation and other resources available only online.
The resource bank has the ability to be updated
in real-time without the cost and labour involved in preparing manual updates.
The online resource bank will not be a public site, but will be available to volunteer lawyers, members of legal clinics, articling students
and law students. In addition to being able to
access the resources already posted on the online resource bank, user members will be able
to host resources online for others to access. To
date, over 40 people have joined this network.
Be connected to the pro bono legal community! Join the Online Resource Bank.
9
Small Claims Duty Counsel Now a
Pilot Project
The small claims duty counsel project was
launched as a pilot at the Calgary Courts Centre on October 4, 2011. The program’s goal is to
provide legal assistance to low income Albertans engaged in proceedings before the Small
Claims Court who would benefit from advice
from legal counsel.
Pro Bono Law Alberta has been working
with Pro Bono Students Canada on this project. The following law firms have agreed to
provide volunteer lawyers for the pilot phase
of this project: McCarthy Tétrault LLP, Borden
Ladner Gervais LLP, Fraser Milner Casgrain LLP
and Gowlings LLP.
The Small Claims Duty Counsel clinic will
operate every Tuesday and Friday and will be
‘staffed’ by one lawyer and one student enrolled in the University of Calgary’s Faculty of
Law. Lawyers who are volunteering with the
project will provide summary legal advice and
services, which may include attending court, to
self-represented individuals who are engaged
or are considering in engaging in civil litigation
in Small Claims Court in Calgary. There are no
financial eligibility requirements for clients of
the project.
It is designed to improve access to justice
for Albertans and provide lawyers and law students with meaningful and rewarding volunteer
opportunities.
Legal Grounds Advice Clinic
The first ever Legal Grounds Advice Clinic took
place on October 26, 2011 at the Calgary Public
Library. It was held in conjunction with a Legal
Resources Fair and noon hour information session on the justice system in Alberta as part of
“Law Connect”, an annual event hosted by Calgary Public Library. These three events provided
a ‘one stop legal shop’ for Calgarians to access
legal information from community agencies
and free, confidential advice from volunteer
lawyers.
The clinic was a one-day joint initiative
between Pro Bono Law Alberta, Calgary Legal
Guidance, the Calgary Public Library and Macleod Dixon LLP. Its goal was to provide free
legal advice and information to Calgarians in a
friendly, approachable environment over a cup
of coffee. Individuals could pre-book their appointments and a limited number of walk in
appointments were available on a first-come,
first-served basis.
The response was overwhelming with
103 people receiving legal advice provided by
a group of volunteer lawyers from Macleod
Dixon. During the Legal Advice Clinic, Calgary
Legal Guidance offered two other services for
the public. An identification clinic and a documents assistance booth were set up to provide
assistance to individuals who need help with
the completion of court forms and other documents.
“Alberta and the Justice System” was a
noon-hour question and answer session hosted
by Canadian Bar Association Alberta which allowed participants to learn about the justice
system from a judge, prosecutor and defense
lawyer.
In addition to Legal Grounds Advice Clinic
and noon-hour presentation, the Legal Resources Fair, at which Pro Bono Law Alberta was an
exhibitor, provided Calgarians with the opportunity to learn about the legal services available in our community. Law Connect and the
multitude of legal services provided was an opportunity for hundreds of Calgarians to access
legal information and advice.
Mr. Rob Rakochey, Partner at Macleod
Dixon LLP, summed up the success of the Legal Grounds Advice Clinic in this way: “What
an awesome day we had yesterday! I want to
thank everyone who participated in this inaugural event - our lawyers, students, staff, the
PBLA team, CLG people - everyone. I have had
nothing but compliments, and thanks from everyone involved. I was very proud of us all, and I
know we made a difference in the lives of all of
the people that we assisted yesterday.”
feature
New Law Dean Shares Vision for University of
Calgary Program
By Derek Sankey
When Dr. Ian Holloway decided to take on his new
Skills. Excellence.” In it, the faculty set itself two broad
role as the Dean of Law at the University of Calgary, his
goals: to enhance its international eminence in the area
vision was to help the Canadian legal profession become
of energy, environment and natural resource law, and
more “outward-looking” than it is used to being.
to develop a lawyering skills program that becomes the
After serving as the associate dean at the Austrabenchmark for other Canadian law schools. “I view my
lian National University and a visiting professor of law
job description as being to put flesh on those bones,”
at the National University of Singapore, Holloway spent
Holloway says. “I want to become as immersed as I can
more than a decade as the dean of law at the University
be in the life of the community.”
of Western Ontario. He brings a global perspective that
He seeks to bridge the gap between the academy
should help broaden the scope of discussion around a
and the bar. It is the rule of law that makes Canada one
multitude of legal issues.
of the most desirable countries in the world in which to
“Australian lawyers in particular have been able to
live, yet the rule of law can’t sustain itself if it is imposed
secure a place in the global market for legal services,”
Ian Holloway
from above, he says. “It can only survive if there is buysays Holloway. “I see no reason why Canadian lawyers
in from ordinary people. That’s where access to justice
can’t – and shouldn’t – be able to do the same.” He
comes in. If the rule of law is not ‘real’ to regular Canadians, then we’re
wants to see the legal community embrace a culture of innovation and
finished,” says Holloway.
professional entrepreneurship and views his role as playing a part in helpDiversity is another area where progress can be made by working
ing to shape the professional culture of lawyers’ futures.
with First Nations communities, for example, to get more Aboriginal peoHolloway’s philosophy about his role at the U of C Faculty of Law
ple going to law school. A lack of practical access to legal education affects
mirrors what Gandhi once wrote – that we should live as if every day
many different segments of Canadian society, but in his view it’s not so
might be our last, but that we should learn as if we will live forever. “If
much a consequence of tuition levels as it is of attitudes that begin to take
we look at the best lawyers who we all look up to as the exemplars of our
shape at a young age when horizons begin to shorten.
craft at its finest, we’d see that what links them all … is a deeply-rooted
With respect to what he brings to the board table with his involvesense of curiousity,” he says. “To put it another way, they are all people
ment with the Benchers at the Law Society of Alberta over the next few
who never stopped trying to become better lawyers.”
years, Holloway’s time over several years spent in private legal practice
Holloway earned his first law degree in 1985 from Dalhousie, his
prior to going to graduate school means he continues to see himself as a
master’s degree from the University of California at Berkley and his PhD
lawyer first and foremost.
from the Australian National University in 1999. He also completed the
“To the extent that I can use that dual identity – lawyer and acaAdvanced Executive Program at the Kellogg School of Management at
demic – to contribute to discussions, I hope to do so,” he says. “I think that
Northwestern University and the Leadership 21 Program at the John. F.
living and working outside of Canada for a decade or so has helped make
Kennedy School of Government at Harvard University.
Last year, the U of C adopted a new strategic plan entitled: “Energy.
me a much better Canadian lawyer.” v
Fall back to Pro Bono, continued from page 9…
Volunteer Lawyer Services Update
The Volunteer Lawyer Services (VLS) program
expansion continues with the announcement of a new volunteer lawyer recruitment
program called “Just Take 2”. The Just Take 2
campaign encourages current volunteer lawyers through an incentive program, to refer a
colleague to Volunteer Lawyer Services and
double the impact of this service to low income Albertans. The program encourages all
Alberta lawyers to consider joining. As of October, there are 135 volunteer lawyers on the
roster, 41 of whom have joined in 2011.
To sign up, please call 403-541-4803 or email
[email protected]
Real Estate Practitioners:
Completing a Report Form for a
Protocol Claim
By Lisa Sabo, Director, Insurance, ALIA
The Alberta Lawyers Insurance Association
requests that real estate practitioners complete
a claim report for a protocol claim.
The ALIA claim form is the same form for
all claims. We ask that lawyers fill in the fields
so that ALIA can track data and trends over
the course of the ALIA program. The data be-
ing tracked provides very useful information for
the operation of ALIA.
We do appreciate that filling out this
information takes time away from a lawyer’s
busy practice but we do need to gather the information necessary to properly process this
matter. v
10
Law Society’s Involvement Spurs Legal
Assistance to Slave Lake
By Scott Watson, QC, Bencher, Law Society of Alberta
The efforts of lawyers through a collaborative group assisted residents of Slave Lake in
the aftermath of a destructive forest fire, but
also increased the public’s understanding of the
pro bono work of lawyers in emergency situations.
The Law Society worked alongside Pro Bono
Law Alberta, Legal Aid Alberta, the Canadian Bar
Association, Alberta Lawyers’ Assistance Society,
and Alberta Civil Trial Lawyers Association. The
group formed the foundation for ongoing collaboration and communication in providing shortterm legal services for residents impacted by
the forest fire and subsequent flooding wherever
they were, be it Slave Lake, Edmonton, Westlock
or Athabasca. The overall legal-response strategy
was based on lessons learned from the bushfires
in Australia.
The group coordinated several activities including:
• A Slave Lake website containing information
directing residents to legal services being made
available by Pro Bono Law Alberta and Legal
Aid. As well, their own websites described additional resources which were available.
• A telephone hotline was launched June 22nd
and operated by Legal Aid.
• Posters were placed throughout Slave Lake inviting residents to call the hotline and attend
information sessions.
• Radio interviews increased awareness of legal
help that was available.
• Three public legal information sessions were
held in Slave Lake in July with approximately
100 residents attending. Questions which
couldn’t be answered at the sessions were filtered out to lawyers through Legal Aid or Pro
Bono Law Alberta’s voluntary lawyer services
program.
The hotline and information sessions dealt
with issues relating to insurance, landlord and
tenant, mortgage and financing, matrimonial and
custody, contracts, and legislation. Answers to
frequently asked questions were published on a
variety of subjects including: uninsured individuals, disaster recovery fund applications, broker
disputes, loss of rental income, limitation issues,
how to obtain replacement identification documents, loss of employment, debt collection, interruption of legal proceedings, and destruction
of homes, business and other property.
The Law Society’s involvement encouraged
the Bar’s participation in providing assistance to
Slave Lake residents, and also in communicating
these efforts to lawyers. The Law Society was also
able to extend assistance to Slave Lake practitioners impacted by the fire.
The work of the legal organizations involved
not only assisted the residents of Slave Lake, but
also served to advance the public’s perception of
the legal profession by providing legal services in
emergency situations. v
Did you know:
• the forest fire began May 16, 2011
• fire jumped 2 highways
• residents were trapped for a time
as all roads out were unusable
• winds gusted to 100 km/hr
grounding water bombers
• 7,000 residents fled their homes,
many without their medication or
valuables
• 1/3 of the town was destroyed
• 1,000 residents spent the night
on blow-up mattresses in a soccer
complex in Athabasca
• the mall, library, courthouse, town
hall, radio station and hundreds of
homes, churches and businesses
were damaged
• 1,000 firefighters participated
• 100 helicopters, 20 air tankers
• there were no injuries
• town then hit by floods
• Premier, Prime Minister, Prince
William and wife, Kate, have since
visited
Practice Review Committee Assists Members, Ensures
High Standards and Protection of Public Interest
One of the most common issues identified
by lawyers in their discussions with the Practice Review Committee is that they are overwhelmed with day-to-day issues such as too
many files, shortage of qualified staff, and time
constraints.
Other issues identified by lawyers include
11
the immediacy of emails, changes in technology, and seeking a balance between their business and personal lives.
These factors emerge when the Law Society’s Practice Review Committee conducts general reviews and assessments of the conduct
of lawyers who are referred to them under the
Legal Profession Act, the Rules or by the Executive Director.
The Practice Review department of the
Law Society supports the Committee by making recommendations and imposing conditions
that will improve the delivery of legal services.
feature
Calgary Lawyers Honoured for 50 Years of Service
An excerpt of a speech made by President Douglas R. Mah, QC, President of the Law Society of Alberta at a Long Service Awards luncheon held on
September 29, 2011 in Calgary, AB
50-year law career with the firm, Stringham
Denecky.
He practises in the areas of wills and estates, agricultural law, expropriation, administrative boards, real estate and general practice.
He was appointed Queen’s Counsel in 1991.
As a result of his dedication to his profession and to his community, Mr. Denecky has
been the recipient of many prestigious awards.
Gerald W. Pittman, QC
On September 29, 2011, Long Service Awards were presented to two Calgary lawyers for 50 years of
service. Law Society President Doug Mah, QC, presented certificates to Gerald W. Pittman, QC (left)
and Steve Denecky, QC (right). The Honourable Arthur Morton Lutz was also honored for 50 years of
service to the profession but was unable to attend the awards luncheon.
It is my great pleasure to welcome each of you
here today as we celebrate the distinguished
careers of three Alberta lawyers.
The three lawyers we are honouring today
– Mr. Steve Denecky, QC, The Honourable Justice A. M. Lutz and Mr. Gerald W. Pittman, QC
- combined, have been serving the people of
Alberta and the legal profession for 150 years.
The Honourable Justice Lutz
The Honourable Justice Lutz was born in Grafton, Nova Scotia. He received his commerce
degree from Mount Allison University in Nova
Scotia in 1957 and his law degree from Dalhousie University, Halifax, NS in 1960.
He articled under William Robert Sinclair
Practice Review Committee assists Members,
Ensures High Standards and Protection of
Public Interest, continued from page 11…
The Committee makes recommendations and
seek undertakings which ensure that the public
interest is protected, and that lawyers adhere
to a high standard of practice.
The Committee assists members in assessing their current business practices and
in Edmonton and was called to the bar June
23, 1961 in Edmonton before the Honourable
Mr. Justice M.E. Manning of the Supreme Court
of Alberta.
On November 4, 1982, he was appointed
Justice to the Court of Queen’s Bench. He continues to serve on the Bench in Calgary.
Steve Denecky, QC
Steve Denecky received his Arts degree in
1959 and his law degree in 1960 from the University of Alberta. He articled under Briant W.
Stringham in Lethbridge, Alberta.
He was called to the bar on June 19, 1961
in Medicine Hat before the Honourable Mr.
Justice J.V.H. Milvain. Mr. Denecky began his
developing solutions to address the issues that
resulted in their referral to Practice Review. The
Committee decides whether an application by
a lawyer for reinstatement should be granted,
declined or granted with conditions, and determines what those conditions should be, when
an application is referred to Practice Review
from Membership.
In 2011, the Committee held 22 panel
meetings and reviewed 58 files. Since January
2011, the Committee has also assisted three
Gerald W. Pittman earned his Arts degree in
1958 and his law degree a year later in 1960
from the University of Saskatchewan. He articled under Ward H. Patterson, QC in Yorkton,
Saskatchewan. On June 23, 1961, he was called
to the bar in Calgary before the Honourable
Mr. Justice Hugh C. Farthing.
He is practising real estate law with the
firm Pittman MacIsaac & Roy in Calgary. For
exemplary service to society, he was appointed Queen’s Counsel in 1988. In 2001, he was
awarded a Distinguished Service to the Community Award from the Law Society of Alberta
and Canadian Bar Association - Alberta.
He is a dedicated community volunteer
whose contributions span health care, the
arts and education. He has served as a board
member of the Calgary Health Trust, chair of
the Carewest Foundation, chair of the Calgary Auxiliary and Nursing Home district No.
7 Carewest and as a board member for the
same. As well, he has been involved with the
Society of Canadian Friends of the British Museum, and served as senator for the University
of Calgary, director of the Glenbow Museum
Acquisitions Society and director of the Calgary Philharmonic Society. v
members in a successful transition from Inactive to Active Practice through the reinstatement referral process.
The Practice Review department is
involved with and supports the Risk Assessment
Program by:
• Participating on the Risk Assessment Panel to
help identify members who pose a risk, and
• Implementing responses to identified
risk by communicating or meeting with
members. v
12
Ethically Speaking
Alberta’s New Code of Conduct Public Statements
By Ross McLeod, QC, Practice Advisor, Law Society of Alberta
Eddie Greenspan publicly responded1 recently to criticism from his client, Conrad
2
Black. Mr. Black’s recently published book, about his US fraud trial in 2007, questioned
the effectiveness of Mr. Greenspan’s legal representation. Mr. Greenspan’s choice of American co-counsel, judgment and even his health
are targeted by the apparently dissatisfied client. It makes interesting and, perhaps for lawyers, entertaining reading. And, although it has
provoked a fair measure of twittering, it helps
to illustrate some changes to the new Alberta
Code of Conduct.
The lawyer self-defense or self-interest
exception to confidentiality in the former
Code of Professional Conduct, Chapter 7 Rule
8 (f), provided that “a lawyer may disclose confidential information when reasonably necessary to properly prosecute an action or defend
a claim or allegation in a dispute with the client”. The new Rule 2.03 (4-5) respecting confidentiality exceptions expands and clarifies the
concept. Given that lawyer-client privilege is
characterized as a fundamental legal right, the
self-defense exception invites some criticism
for permitting disclosure of confidential information to promote a lawyer’s own self-inter-
A Missing Will is
Sought
Sylvia Edgar is looking for the will of
her late brother Larry Eugene Field.
The will was possibly completed by
a lawyer in Northeast Calgary. If you
have any information please contact
Ms. Edgar at 403-227-2976. v
13
est. Justification is usually found in an implied
waiver of privilege when the client makes the
first move to sue or to challenge the quality of
legal representation.
But what sort of justification exists in
the Code for Mr. Greenspan’s public response,
when it is not made with the consent of the
client or in order to advance the client’s cause?
The former Code dealt with the making of
public statements by a lawyer as a part of the
advertising rules. The issue was shameless selfpromotion or personal profit from the client’s
legal affairs. Even soliciting a client’s consent
to this kind of publicity was regarded as offending the rule.
This new Code of Conduct is organized
around the basic professional relationships of
lawyers. Formerly, the structure was governed
by the roles lawyers play and the situations
they found themselves in, like advisor, advocate, and business owner. Rule 6.05 still comments upon lawyer self-interest. However, the
real thrust of the Rule is the risk that public
statements will undermine public trust in the
individual lawyer and in the profession as well.
6.05 (1) Provided that there is no infringement of the lawyer’s obligations to the client,
the profession, the courts, or the administration of justice, a lawyer may communicate information to the media and may make public
appearances and statements.
The Commentary to the Rule includes:
A lawyer’s duty to the client demands
that, before making a public statement concerning the client’s affairs, the lawyer must
first be satisfied that any communication is in
the best interests of the client and authorized
within the scope of the retainer.
Public communications about a client’s
affairs should not be used for the purpose of
publicizing the lawyer and should be free from
any suggestion that a lawyer’s real purpose is
self-promotion or self-aggrandizement.
Spontaneous public statements diminish
the benefits and protections provided to the
client by competent legal representation and
may expose the lawyer to liability for damages. Who would want a lawyer that reveals
client secrets in the media, when those revelations are not intended to help the client?
A general rule against profiting from a client’s
case is probably founded on the broader duty
of loyalty, of which keeping confidences is only
a part. In her new text, Understanding Lawyers’ Ethics in Canada ,3 Calgary professor Alice
Woolley says (at p.94):
A lawyer’s comments must respect his client’s confidentiality and must also fall within
the scope of the retainer. Prejudicial statements about the client which violate the terms
of the retainer may be the basis for litigation
against the lawyer.
And with respect to the self-interest exception generally, where no implied waiver is
clearly demonstrated, she says (at p. 156) “it
makes no sense to allow that right to bend
uniquely to lawyer’s own convenience”.
Although a lawyer may be spluttering
with outrage at the client’s public attack, the
broader public interest in maintaining the fundamental protection of lawyer-client privilege,
and the interest of justice itself, are generally
served by keeping confidences confidential.
So, what about Mr. Greenspan and Mr.
Black? Mr. Greenspan has been down this
road before and has to know the risks.4 And,
after all, he’s Eddie Greenspan and the rest of
us are not.
View the new Alberta Code of Conduct on
the Law Society of Alberta website and consider learning more by checking out the Legal
Education Society of Alberta educational modules on the LESA website. v
1 Globe and Mail, Saturday October 1, 2011
A Matter of Principle, McClelland & Stewart, Aug. 31, 2011
LexisNexis Canada Inc., 2011
4 Stewart v. CBC, (1997) 150 D.L.R. (4th) 24
2 3 practice
A Neutral Corner
A Critical Illness Checklist Key to
Minimizing any Practice Disruption
By Jocelyn Frazer, Equity Ombudsperson, Law Society of Alberta
Consistent with the theme of this issue
“Managing Risk”, all lawyers, regardless of the
stage that they are at in their career, or the
setting in which they practice, should have a
plan in place to ensure that client interests are
protected in the event of their sudden illness,
death, incapacity or impairment.
Conversations with lawyers regarding the
impact on their practice of a sudden illness,
whether it relates to their own health, or that of
a family member, confirm the strain on a practice
if there is no adequate plan in place and the risks
to client interests. Essential information relating
to client matters and the ongoing obligations of
the practice must be able to be interpreted by an
assisting lawyer regardless of whether that is a
partner, spouse, associate, friend or formal custodian. For a lawyer in a small firm setting or sole
practice, it is particularly important to have arrangements in place for another lawyer to step
in and ensure that clients are not prejudiced and
that your staff and family are not placed in an
overwhelming position.
Where there is time to plan, taking the time
to create and maintain an office procedure manual or a practice disruption binder outlining key
aspects of your practice and a list of all law office
contacts can make an otherwise stressful time a
little more manageable.
The Alberta Lawyers Cancer Support Group
created a Critical Illness Checklist as a guide to
the issues that should be considered where a law-
yer is required to be away from their practice on
short notice due to a sudden diagnosis or other
debilitating circumstances. That checklist and
others dealing with succession planning are available on the Law Society website at: http://www.
lawsociety.ab.ca/lawyers.
Recent changes to trust accounting rules
require additional steps to be considered. For
example, Rule 119.21 requires Law Society approval before a lawyer who is not a member
of the law firm can be granted signing authority over a law firm’s trust account. Where the
lawyer in question is the Responsible Lawyer
for the firm, consideration should be given to
having a replacement responsible lawyer put in
place (see Rule 119.7). v
Calgary Family Lawyer Inducted into Alberta Order
of Excellence
By Derek Sankey
As a 1982 graduate of the University of Calgary’s
Calgary matrimonial lawyer Patricia Blocksom, QC,
has had a stellar year. Not only was she recognized with
Faculty of Law, she was appointed Queen’s Counsel in
Alberta’s highest honour by being inducted into the Al1998 and was inducted into the International Academy
berta Order of Excellence – one of only seven lawyers to
of Matrimonial Lawyers in 2001. The CBA Touchstone
receive the honour and the only female – but she was
Award, which celebrates individuals or organizations who
also recently recognized with the Canadian Bar Associapromote equality in the legal profession, the judiciary or
tion’s 2011 Touchstone Award for her tireless work on
the legal community in Canada, was presented to her in
equality and gender issues in the legal profession.
Halifax on August 16, 2011.
Ms. Blocksom, who practises with Dunphy Best
It is clear her passion for equality issues and access
Blocksom LLP, was a founding member of the CBA’s Nato justice knows no bounds. “It’s important to speak up
tional Task Force on Gender Equality in the Legal Prowhen you see the system not working well for the pubfession in 1991. The task force’s 1993 Touchstones for
Change report made over 200 recommendations conPatricia Blocksom
lic because we serve the public,” Ms. Blocksom says. “It’s
cerning gender equality within the field of law. As one
important to lift up our heads from the rigors of practise.”
of Canada’s foremost family law practitioners, she has also been directly
At the same time, she is quick to point out that she hasn’t accominvolved in equity work as the director of the Partners in the Horn of Afplished all of this alone. “A lot of people have worked with me on a lot of
rica, a charity that funds sustainable development in Ethiopia, but also as a
causes, so this isn’t just my efforts,” she says, noting people such as Marie
board member of Future Generations of Canada, which supports grassroots
Gordon and Sheila Martin as examples of the vast amount of support she
development in Afghanistan.
has with her in her ongoing endeavors.
“I have always felt very strongly that it’s important to give back to
“She is a true champion for the improvement of the status of women
your community, whether that community is Calgary, Alberta, Canada or
in
Canada
and internationally, and is a shining example of the positive imglobally,” says Ms. Blocksom. “It opens my heart and nourishes my soul in
pact lawyers can have within their own communities as well as abroad,”
a way that nothing else I’ve done has, so I feel privileged to be able to do
says Aleem Bharmal, chair of the CBA’s Standing Committee on Equality. v
that work.”
14
Developing a Proactive Approach to
Continuing Competence
By Jim Glass, QC, Bencher and Chair of the Continuing Competence Committee, Law Society of Alberta
In the interests of protecting the public and
in developing a robust and proactive competence program, the Continuing Competence
Committee has begun its work to examine
competence and quality assurance programs
from other professions and other law societies
(both Canadian and International).
The overriding goal in developing a proactive competence program is to ensure that
lawyers incorporate best practices in delivering
the highest possible standard of legal services
to the public.
The approaches being examined by the
Committee are quite varied and all involve developing a proactive approach to enhancing the
quality of the delivery of services. The Committee will be reviewing these to determine which
parts may be applicable to the legal profession
in Alberta and then make recommendations to
the Benchers.
To advance its goal of being a model regulator and to inform its work, the Competence
Committee will also consider the systemic
causes that lead to incompetence and poor
quality legal service delivery and evaluate how
a quality assurance program could be proactive
in addressing those issues. A coordinated and
multi-faceted approach is truly ideal. As many
issues could contribute to the poor quality delivery of legal services, effectively targeting as
many contributing factors of lawyer incompetence is key. The Committee will be considering
all of these factors in arriving at recommendations for the program for the consideration by
the Benchers and the profession.
The Law Society already sponsors many
proactive services and programs which support the enhancement of lawyer competence
including:
• the Continuing Professional Development
Program,
• the Practice Advisors,
• Mentor program,
• SoloNet,
• Equity Ombudsperson,
• CanLII,
• Law Society Libraries, and
• Assist
On another topic, to guide its work, the
Committee adopted the definition of Competence as it appears in the new Alberta Code
of Conduct, in effect as of November 1, 2011.
Chapter 2 articulates the ethical duty of competence required by every Alberta lawyer. v
Competence
2.01 (1) “Competent lawyer” means a lawyer who has and applies
relevant knowledge, skills and attributes in a manner appropriate
to each matter undertaken on behalf of a client and the nature and
terms of the lawyer’s engagement including:
(a) knowing general legal principles and procedures and the substantive law and procedure for the areas of law in which the lawyer
practises;
(b) investigating facts, identifying issues, ascertaining client objectives, considering possible options and developing and advising
the client on appropriate courses of action;
(c) implementing as each matter requires, the chosen course of action through the application of appropriate skills, including:
(i) legal research;
(ii) analysis;
(iii) application of the law to the relevant facts;
(iv) writing and drafting;
(v) negotiation;
(vi) alternative dispute resolution;
15
(vii) advocacy; and
(viii) problem solving;
(d) communicating with the client at all relevant stages of a matter
in a timely and effective manner;
(e) performing all functions conscientiously, diligently and in a timely and cost-effective manner;
(f) applying intellectual capacity, judgment and deliberation to all
functions;
(g) complying in letter and spirit with all rules pertaining to the appropriate professional conduct of lawyers; Code of Conduct
(h) recognizing limitations in one’s ability to handle a matter or some
aspect of it and taking steps accordingly to ensure the client is
appropriately served;
(i) managing one’s practice effectively;
(j) pursuing appropriate professional development to maintain and
enhance legal knowledge and skills; and
(k) otherwise adapting to changing professional requirements, standards, techniques and practices.
practice
Learning Modules on Code One of Many
CPD Plan Opportunities
By Susan V.R. Billington, QC, Policy and Program Counsel, Law Society of Alberta
Evaluate your 2011 CPD goals
As we near year end, now is a good time to make sure that you are on
track with your 2011 CPD Plan.
Start by reviewing your professional development goals and evaluating the steps you have taken so far in the implementation of your 2011
CPD Plan.
What have you accomplished? What more needs to be done? Most
importantly, how have your CPD activities in 2011 enhanced your competence as a lawyer and improved the legal services you provide?
If you made and declared your 2011 CPD Plan on-line, you can revisit the CPDAlberta website at www.cpdalberta.ca and review your 2011
CPD Plan and up-date your CPD profile.
Are you are particularly proud of your 2011 CPD Plan? If so, we
invite you to volunteer to provide us your 2011 CPD plan via email to
[email protected]. This will allow us to begin to build a library of CPD
Plans and activities in which lawyers across Alberta are engaging as part
of their continuing professional development.
About Your 2012 Plan Declaration
For 2012, your mandatory CPD Plan Declaration can be made starting on
January 1 and before March 15, 2012.
Now is a good time to start thinking about your professional
development plans for 2012. One activity which all practising lawyers
should be undertaking in 2012 is to familiarize themselves with Alberta’s
new Code of Conduct which is now in effect as of November 1, 2011.
On-line training modules are now available. If you have questions
about the new Code provisions or want a presentation at your law firm,
contact the Practice Advisors Office.
Online Learning Modules Now Available on the Code
The Law Society and Legal Education Society of Alberta have collaborated to prepare new online learning modules on the Code. This course
is intended to assist lawyers in transitioning to the new professional responsibility rules. On completion, lawyers should have an understanding
of the rules and structure of the new Code of Conduct.
If you already have access to the LESA online classroom for Trust
Accounting courses, you are already enrolled, and you can you use the
same login procedures to take the Code of Conduct course. Access the
online learning modules by going to http://lesa.org/index.asp
Contact Details:
Any questions about the CPD Program can be directed to [email protected] or by phone at 403-229-4766. v
Managing Risk: Credentialing Process Ensures
Good Character
One of the aspects of managing risk at the
Law Society is in the Credentialing process in
which the Law Society ensures the good character and competence of new lawyers.
In the Credentialing process, the Law Society carefully screens law student applications
along with their proposed principals. Weak new
lawyers or weak principals may start on a risky
foundation. In managing the risk of new lawyers, ensuring good character translates into
lawyers beginning their law practices on a solid
footing.
The work of the Credentials and Education
committee is tied to the 2010-2013 Strategic
Plan. Specifically, the Committee’s work assists
the Law Society to achieve the goals of building
public confidence and enabling the Law Society
to be a model regulator.
The Credentials and Education Committee
manages policy matters relating to admission
and re-admission to the profession. It also handles specific applications and appeals by lawyers or students-at-law. Examples of the types
of matters which may go before the Credentials
and Education Committee include applications
regarding the articling or bar admission process
and appeals of decisions regarding good character and reputation. The Committee also handles
reinstatement applications by former Law Society of Alberta members.
Students who wish to become a member
of the legal profession in Alberta must be of
good character and reputation, meet the academic qualifications, successfully complete a
bar admission course and serve a term of articles. See Sections 37(1) and 40(1) of the Legal
Profession Act.
The work of the Credentials and Education
committee is part of our regulatory toolbox,
and is vital to the work we do to protect the
public interest. v
16
Law Society Honours Lawyers with
30 Years of Service
Congratulations to the following lawyers who are being honoured this fall for 30 years of active membership with the Law Society of Alberta.
Each lawyer will receive a 10-karat gold recognition pin and a congratulatory letter from Doug Mah, QC, President of the Law Society of Alberta. The
eligibility criteria is based on 30 years of active membership (360 months) as of September 30, 2011, regardless of whether the service is insured or
uninsured, and whether it is rendered within or outside Alberta. For details, please contact Emily Scherman Communications/Event Coordinator by
email at [email protected].
Steve Raby, Doug Mah, Chris Holmes (30 year recipient), Nina Fotty, Roland Fotty
(30 year recipient), Don Thompson
Kenneth J. Alyluia
Derrick R. Armstrong
Robert Batting
Michael Birdsell
N. J. K. Bishop, QC
Kerry A. Bjarnason
John D. Blair, QC
Ivan B. Bombak
Ariel Z. Breitman
Bruce A. Burns
R. Brent Carlyle
Lorne Carson
K. David Caskenette
Faralee Chanin
Lorne J. Chilibeck
David B. Chiswell
M. H. Clancy
Brian N. Clark
G. J. P. Cochrane
Terrence A. Cooper, QC
G. B. Cowper-Smith
Eileen M. Crane
Barry R. Crump
Richard J. Curran
Kerry C. Day, QC
T. W. N. De Jong
Frank de Walle
Allen H. Deckert
Richard DeGroat
D’Arcy DePoe
Robert N. Depoe
Genuino Di Pinto
17
J. A. Drummond
Alain J. Dubuc
Denis N. Duke
A. W. Dunfield
Robert C. Dunseith, QC
Michael K. Eisen
D. S. Ewens, QC
Roderick A. Ferguson
John E. Forsyth
Roland N. Fotty
Gordon H. Freund
Michael Gluckman
A. G. M. Grant
M. W. Gruman
Norman Hall
Barry W. Hamilton, QC
David K. Handerek
James G. Hanley
Jennifer A. Head
Christopher D. Holmes
G. J. Hope
Terrence J. Hopwood, QC
Debra Hopwood-Jones
Russel G. Horne
Charles Hotzel
W. Clarke Hunter, QC
Felicity C. Hunter
Cheryl James
Sean W. James
Roger W. Jensen
S. M. Jones, QC
Paul A. Kazakoff
Ian Kerr
Kevan S. King
Barry M. King
L. M. Kwinter
Stephen Laird
J. B. Laycraft, QC
Margaret Lemay
M. Lawrence Leung
Delbert D. Lewis
Greg J. Lintz
H. Derek Lloyd, QC
Michael H. Lockwood
Ian D. Logan
Peter T. K. Loong
Richard Low
Robert I. Macdonald
A. K. Maciag
Shaun T. MacIsaac
David P. MacNaughton
David C. Marriott, QC
Marilyn E. Martin
Frank A. Mason
Robert D. Matheson
R. D. Maxwell
L. E. McConnell, QC
James G. McKee
Susan L. McRory
John B. McWilliams, QC
Ingrid E. Meier
David B. Mercer
Peter L. Miller
J. V. Miller, QC
Steve Raby, Mark Stillman (30 year recipient),
Don Thompson
Cas Henry Morel
James W. Murphy, QC
Alann J. Nazarevich
Ching-Wo Ng
Christopher Nixon
James L. Oake
Michael Obert
Donna Oliver
Brett Olsen
James O’Reilly
Jay Park, QC
Darold H. Parken
G. E. Parker
J. M. Pasieka
James S. Peacock, QC
Michael J. Penny, QC
Carol D. Pennycook
K. W. Penonzek
Michael J. Perkins
Brian Phillips, QC
Norman J. Pollock, QC
Jeffrey D. Poole
Raymond C. Purdy, QC
Carl M. Ravinsky
Ken Reeder
D. B. Reesor
J. K. Reid
Philip J. Renaud, QC
Larry D. Revitt
Doreen P. Richards
Robert A. Rivard
C. Michael Ryer
Jonathan S. Schwarz
Gary D. Sciur, QC
Gregory H. Scott
Douglas M. Sefcik
Jeffrey H. Selby
Steven L. Shavers
Richard A. Shaw, QC
Colin G. Simmons
Donald J. Simpson
Derek A. Singer
Reg Smith
R. B. Smith
Dale R. Spackman, QC
David P. Stark
Ken Stickland
I. Mark Stillman
David J. Sullivan, QC
J. Ryan Taitinger, QC
Catherine M. Twinn
Helen S. Tymoczko
Aran Veylan, QC
Adrienne Waller
Gary W. Wanless
Morris B. Warren
D. Bruce Weary, QC
W. G. Webb
John A. Wilmot
P. D. Wilson, QC
C. W. Wood
Gordon A. G. Yake
regulatory
Summary of Disciplinary Matters
In this Summary of Disciplinary Matters, the Law Society of Alberta seeks to educate and inform lawyers on its role as an independent regulator
in the public interest.
The hearing reports issued may correspond to the hearings held during this period, but may reflect hearings held earlier. In this issue, one of
the reports are summarized below. All hearing reports are available at www.lawsociety.ab.ca under Lawyer Regulation/Hearings & Outcomes/Hearing Reports.
Fine and Reprimand of A.
The professional standing of a member of the
Law Society of Alberta is fundamental to the
practice of law and rules governing this status
must be complied with by the lawyer with respect to being an active or inactive member in
good standing, or whose membership is under
suspension.
A. represented himself as a “Barrister & Solicitor [Alberta, Inactive]”; and, “Barrister & Solicitor [Alberta], through email correspondence to
the public following his suspension by the Law
Society.
A. did not respond to a formal demand to respond to a complaint by the Law Society. A.
agreed to a statement of facts, resulting in eight
citations for misrepresentation of professional
status but did not admit any guilt. The Hearing
Committee denounced A. for misrepresenting his
professional status and reprimanded him for his
failure to do so and ordered him to pay a fine of
$250 for each of the eight citations and the full
cost of the hearing.
A. was admitted to the Bar on September 21,
1980 and practised in Edmonton, AB, until transferring to the inactive/non-practising list on
January 27, 1983. On September 1, 1993, he was
suspended for non-payment of costs ordered to
be paid in an unrelated disciplinary matter.
At all times, A. was aware of his suspended status. The lawyer always sent his correspondence
to his recipients via email adding the designation “Barrister and Solicitor [Alberta, Inactive] to
the signature block on the covering emails and
concerned, among other things, topics of a legal
nature – not in terms of practising law and giving
legal advice – but only academic legal scholarship matters. A. also identified himself as a “Barrister & Solicitor [Alberta]” and as an “attorney”
on other occasions.
The Hearing Committee found A. guilty of conduct deserving of sanction – fine and reprimand
– on all counts, which was made more egregious
because the lawyer was suspended and did not
respond to Law Society correspondence.
The Hearing Committee said it is not acceptable for a lawyer to misrepresent his or her sta-
tus because it is an issue of governability. When
a lawyer represents himself or herself as active
and practising when in fact he or she is not, the
Law Society’s ability to govern lawyers is compromised. There is an obligation on a suspended
lawyer to not hold out or represent that he or
she is a lawyer not under suspension.
The Hearing Committee also found that A.’s failure to respond to the Law Society’s correspondence was also conduct deserving of sanction. If
A. sought to argue about the meaning and observation of the sections of the Legal Profession
Act and the Rules of the Law Society of Alberta,
that should have been communicated to the Law
Society. He did not do so until the hearing. The
Law Society’s ability to govern its members is
important to the public interest and to protect
reputation of the profession.
The Hearing Committee was composed of Neena Ahluwalia QC, Chair and Bencher, Harry Van
Harten and Amal Umar, Benchers. The decision on
sanction was made by the Committee comprising
of Neena Ahluwalia and Amal Umar. v
Congratulations on Judicial Appointment to
Provincial Court
Bar Association Mentoring Program with students
The Law Society extends its congratulations to
at the University of Alberta. She is a guest lecturer
Janet Dixon on her appointment to the Provincial
and has presented at numerous Law Society events
Court of Alberta.
and educational institutions across the province on
The Honourable Judge Janet Dixon, formerly
topics such as managing risk, advocacy, and profesSenior Counsel for the Law Society, was recently
sional responsibility.
appointed to the Provincial Court of Alberta.
Janet has been an invaluable member of the Law
Janet Dixon graduated from the University
Society team over the past 11 years, showof Alberta in 1983. She began her legal career at
ing leadership to the Counsel department, the
Nickerson, Roberts & Hilborn, working in the areas
Executive Leadership Team and as executive
of criminal and civil litigation. In 1988, she joined
sponsor for many initiatives, including the Law
the firm of G. Brent Gawne & Associates where she
Society’s newly launched Trust Safety program.
gained experience in administrative law. In 1993,
The Executive Leadership Team will now be
as a sole practitioner, she continued in administraJanet Dixon
focusing its efforts on recruiting a successor.
tive law until 2000 when she joined the Law Society
Janet will be greatly missed by many at the Law Society as a colof Alberta as counsel. Dixon has volunteered as an instructor at the
league, director, sponsor, mentor, and friend. v
Legal Education Society of Alberta and as a mentor with the Canadian
18
THE LAW SOCIETY OF ALBERTA
Suite 500, 919 - 11th Ave SW, Calgary, Alberta T2R 1P3
Telephone 403-229-4700 | Fax 403-228-1728 | Toll Free 1-800-661-9003
Bell Tower, Suite 800, 10104 103 Avenue, Suite 800, Edmonton, Alberta T5J 0H8
Telephone 780-429-3343 | Fax 780-424-1620 | Toll Free 1-800-272-8839
www.lawsociety.ab.ca
Mission
The benchers
Douglas R. Mah, QC, President
Stephen Raby, QC, President-Elect
Larry Ackerl, QC
Neena Ahluwalia, QC
Rose Carter, QC
James Eamon, QC
Dennis Edney
Ron Everard, QC
Fred Fenwick, QC
Kevin Feth, QC
James Glass, QC
Carsten Jensen, QC
Sarah King-D’Souza, QC
Adam Letourneau
Roy Nickerson, QC
Frederica Schutz, QC
Donald Scott
Dale Spackman, QC
Scott Watson, QC
Tony Young, QC
Public Representatives
(Lay Bencher)
Mirriam Carey, Ph.D.
Wayne Jacques
Larry Ohlhauser, MD
Amal Umar
executive leadership Team
Don Thompson, QC, Executive Director
Howard Kushner, Deputy Executive
Director - Regulation
Michael Penny, QC, Director, Policy & Research
Greg Busch, Director, Lawyer Conduct
Lisa Sabo, Director, Insurance
Drew Thomson, Director, Corporate Services
Andrew Norton, Director, Information Systems
Nona Cameron, Director, Human Resources
The Advisory is published four times a year
for lawyers, stakeholders, and affiliates of
the Law Society of Alberta. Articles and
comments should be directed to Sheila
Serup at [email protected]
Editors Sheila Serup
Allison Jacoby
Design Myron Advertising + Design
To serve the public interest by promoting a high standard of legal services
and professional conduct through the governance and regulation of an independent
legal profession.
The Law Society of Alberta is a self-governing association of all the practising lawyers in Alberta and
has been regulating the legal profession since 1907. The Law Society derives its authority from the Legal
Profession Act of Alberta, and is financed and maintained by Alberta lawyers at no cost to the public.
Serving in the public interest, the Law Society of Alberta sets out standards through Rules and a Code
of Professional Conduct.
Assist
Practice Advisors
Assist helps Alberta lawyers, articling students
and their immediate families cope with personal
issues such as stress, depression, anxiety, alcohol,
drug and all other forms of abuse or addiction,
relationship difficulties, burnout and anger. Assist is
voluntary and confidential. Individuals seeking help
are not identified to the Law Society of Alberta, the
Canadian Bar Association or any other entity.
The Law Society’s Practice Advisors provide
confidential professional and personal advice for
lawyers on legal, ethical and practice concerns,
personal matters or mediation, practice start-up,
practice management, and firm management, risk
management, career transition.
Call Assist for direct professional assistance
and referral services at 1-877-498-6898 (tollfree) or 1-877-737-5508 (toll-free) to learn more
about how Assist can help. Assist is operated by
the Alberta Lawyers’ Assistance Society (www.
albertalawyersassist.ca), a non-profit society that
is independent from the Law Society of Alberta.
Mentor Program
Lawyers are provided with the names of
ex-perienced mentors or practitioners in
family law, criminal law, wills and estates, real
property law and civil litigation.
Contact
Contact:
Jocelyn Frazer at toll-free 1-888-229-4769 or
[email protected]; or Ross McLeod,
780-412-2301 or toll free 1-800-661-2135 or
[email protected]; or Nancy Carruthers,
403-229-4714 or toll-free 1-800-440-4640 or
[email protected]
Office of the Equity Ombudsperson
The Equity Ombudsperson provides confidential
assistance with the development of workplace
policies and the resolution of harassment and
discrimination concerns.
Contact
Jocelyn Frazer, Equity Ombudsperson at toll free
1-888-229-4769
1-800-272-8839
Membership Department
For any changes regarding contact information,
membership and insurance status, and any
student inquiries, please contact the Law Society
of Alberta’s Membership Department at
403-229-4781 or toll free 1-800-661-9003
ext. 4781 or [email protected]

to view the PDF version of The Advisory

Transcription

Similar documents

Beyond the doors of the Stollery`s pediatric emergency department

management essentials - University of Alberta

Many lawyers for many laws

FOL-1-FORMA 1 - Service Alberta

SC_Ins_Sep05.qxd

1961 Canadian Junior Championships

ScanGate document

Volume 48, No. 2 - Southern Alberta Pioneers and Their Descendants

the newsletter - Prairie Land Regional Division No. 25

www.canaltacentre.com Job Title: Custodial Attendant Department