BarTalk | December 2011

Succession Planning, It’s Good Practice PAGE 12

DEALING WITH CHANGE | RETIREMENT | SMALL FIRM SUCCESSION PLANNING

DECEMBER 2011 | www.cba.org/bc

2 BARTALK / DECEMBER 2011

NEWSBARTALK EDITORDeborah Carfrae

EDITORIAL BOARD CHAIRMichael Welsh

EDITORIAL BOARD MEMBERSCandice Alderson

Carol Anne Finch-NoyesRichard Fyfe

Sandra HarperBeverly MacLean

Gail McKaySarah Nelligan

Clint SadlemyerRose Shawlee

BARTALK SENIOR EDITORSimon Bursell

STAFF CONTRIBUTORSBianca Bishop

Stacy KirpichovaCatherine LauStuart Rennie

Jennifer Weber

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Deborah CarfraeBarTalk EditorThe B.C. Branch of the Canadian Bar AssociationFax: 604-669-9601Toll-free fax: 1-877-669-9601Email: [email protected]

Note: BarTalk undertakes every effort to publish letters to the editor, subject to space and editorial discretion. Letters to the editor can also be found in BarTalk Online at www.cba.org/bc.

Bar MovesI have just fi nished reading the October issue of BarTalk. On page 26, “Bar Moves” is a display of smiling, mostly young lawyers who have moved about the Lower Mainland. It is good to see law-yers actively fi nding employment in their preferred areas of prac-tice and geography. However, it just highlights the growing dearth of lawyers outside of the Lower Mainland. I started practising in 1991 in Prince George. There are fewer lawyers here now than then. There are very few young law-yers (and even fewer experienced lawyers) willing to make a career outside the Lower Mainland. The Prince George Bar is graying, and the shortage of lawyers here will soon be critical.

I grew up in the Interior, and never wanted to be anything other than a small town lawyer. I knew from the start that practising in a smaller community would per-mit a lifestyle that I wanted; easy hours, good money, opportunity to do complex cases at an early age, unsurpassed recreation, and affordable cost of living. To me, it is a “no-brainer,” but I obvious-ly do not understand the lure of Lotus Land.

I hope those young lawyers ap-preciate their $800,000 condos after a 60-hour work week. I will leave my offi ce (which I own, and is right across the street from the courthouse) early today to go hunting. This evening, I will work in my shop on my vintage motor-cycles. On the weekend, I will jam with my musician friends. Some-where in there, I will fi nd the time to do some lawyering.

— Dennis M. Smith

LETTER TO THE EDITOR KUDOS

Vancouver Law Firm’s Innovative Ways to Support Charity

Vancouver law fi rm Alexander Holburn Beaudin & Lang LLP suc-cessfully used several fun and un-usual approaches to raise funds for United Way’s 500 plus programs, which support vulnerable children and seniors throughout the region.

The fi rm’s Managing Partner David Garner announced his willingness to shear off his infam-ous “pony tail” if their law fi rm members contributed a further $10,000 in the last minutes of the pledge drive. That one snip raised an additional $10,924, making Alexander Holburn’s grand total $33,218.77, surpassing their ori-ginal goal of $30,000!

Before

After

DECEMBER 2011 / BARTALK 3

ContentsVOLUME 23 / NUMBER 6DECEMBER 2011

Departments4 FROM THE PRESIDENT Creating REAL Opportunity for Succession Planning by Sharon Matthews

5 EXECUTIVE DIRECTOR Retirement by Caroline Nevin

6 PRACTICE TALK Dealing with Change by David J. Bilinsky

7 DAVE’S TECH TIPS

8 NOTHING OFFICIAL Terms of Venery for the Erudite Advocate by Tony Wilson

Sections 10 SECTION UPDATE Introducing: The CBABC Appellate Advocacy Section Appellate Advocacy Charities and Not-For-Profi t Law Alternate Dispute Resolution – Vancouver

11 SECTION NEWS Tracking Tool and CPD Hours

Features12 SUCCESSION PLANNING, IT’S GOOD PRACTICE by Sherelle Goodwin

13 HOW TO SUCCEED AT SUCCESSION by Gerald Lecovin, QC

14 NOT EVERYONE WANTS TO DO MERGERS AND ACQUISITIONS by John Lakes

15 SMALL FIRM SUCCESSION PLANNING by Mary McEwan

16 A QUESTIONNAIRE ABOUT PLANNING FOR RETIREMENT by Christine Murray

Guests9 TRU FACULTY OF LAW GRAND OPENING by Gail McKay

17 WANT TO START YOUR OWN LAW FIRM? by Nicole Holas

Inside This IssueLike everything in life, legal careers start and fi nish. We discuss both ends of the spectrum, as each requires planning to succeed. Articles discuss starting your own fi rm, succession planning, retirement fi nancial planning, winding down your practice and developing a life after law. And we tell of TRU law school’s grand opening.

News and Events 2 Letter to the Editor re: Bar Moves Kudos – Vancouver Law Firm’s Innovative Ways to Support Charity18 CBA Mid-Winter 2012: Come for the Business, Stay for the Sunshine! CBABC Branch Offi ce Staff in Full Halloween Spirit Intervention at SCC19 CBA Applauds Confi rmation of Two New Judges to SCC PD Video Now Online: Whose Privilege Is It? CBA Critiques Bill C-10 at Parliamentary Committee20 CBA, B.C. WLF Mentoring Program 2012 CBA, B.C. WLF Senior Women Lawyers Dinner – January 11, 2012 Succession Planning: Tools, Documents and Resources CLEBC Update21 Legislative Update Branch & Bar Calendar Pro Bono Going Public 201122 Courthouse Library BC’s Survey Results Final CPD Credits for 2011 Guest Blogs B.C. WLF Fall Launch and Hot Tips from Hot Mentors Event Aboriginal Lawyers Forum Update Also In This Issue23 LAW FOUNDATION OF BRITISH COLUMBIA

24 PROFESSIONAL DEVELOPMENT &

MEMBER SERVICES

25 DISPLAY ADS

26 BAR MOVES

27 NEW MEMBERS


Sharon [email protected]

FROM THE PRESIDENTSHARON MATTHEWS

Creating REAL Opportunity for Succession PlanningRural Education and Access to Lawyers

REAL is a co-ordinated set of programs to address the current and projected shortage of lawyers prac-tising in small B.C. communities. The primary program is the place-ment of second year summer stu-dents in fi rms in those communities, with a contribution toward the cost of engaging the students. In addi-tion, the Regional Careers Offi cer (the amazing Michael Litchfi eld), promotes these opportunities to law students in the western Canadian provinces and works to break down the attitudes that cause law students to believe that the only good oppor-tunities are in large urban centres.

REAL works. In 2009, 11 pos-itions were created in Nanaimo, Campbell River, Powell River, Squa-mish, Kamloops, Vernon, Cran-brook, Trail, Smithers, Vanderhoof and Fort St. John. In 2010, 21 pos-itions were created in Campbell River, Qualicum Beach, Courtenay, Smithers, Vanderhoof, Squamish, Fort Nelson, Prince George, Wil-liams Lake, Quesnel, 100 Mile House, Winlaw, Invermere, Golden,

Nelson, Castlegar, Sal-mon Arm, Penticton, Vernon and Summer-land. These positions would not have existed but for REAL. Of those, 16 (51 per cent) resulted in articling positions where few had existed before.

In 2011, 20 positions were cre-ated in Powell River, Courtenay, Qualicum Beach, Nanaimo, Squa-mish, Kamloops, Vernon, Lumby, Revelstoke, Nelson, Fernie, Inver-mere, Vanderhoof, Prince George and Fort St. John.

The fi rst three years, thanks to the Law Foundation, have been a tremendous success. The initiative was designed to run for fi ve years in order to allow for a continuum of results and to determine how many of the participants end up practising in these communities. The CBABC is thrilled that the Law Society has agreed to partner with the CBABC to provide funding for years four and fi ve1. This new arrangement will include a review of the program and the criteria. In addition, as originally

planned, there will be a go-forward plan to make the program fi nancial-ly sustainable in the future.

REAL has proven two critical things. First, by working coopera-tively, justice system stakeholders can, in short order, make a difference in a concrete way. In addition to the

Law Foundation and the Law Society, REAL has been supported by UBC and UVic Law Schools as well as others in Western Canada, the Legal Ser-vices Society, the CBA National Rural Task Force, CLEBC and lo-cal Bar associations. Second, the “there are

no successors” excuse to avoid suc-cession planning has disappeared.

We all need to face the fact that we are not invincible from disabil-ity or death and some day we will want to leave our practice to retire or do something different. It is time to plan. You don’t have time not to.

Successors are key to succession planning. For lawyers practising outside of the south coast, succession plan-ning is hampered by insuffi cient numbers of new lawyers joining their communities. Lack of successors is a bet-ter excuse for failing to plan than some of the oft-cited reasons such as not having time, or worse, not believing that you could become disabled, die or retire.

In 2009, someone much smarter than I had an idea of how the CBABC could address this problem in a concrete way, or rather, a REAL way. And that was the idea that became the Rural Education and Access to Lawyers, or REAL, initiative. Good ideas need resources and so the CBABC sought funding from the Law Foundation, which generously provided funding for the fi rst three years of the program.

1 The Law Foundation is funding its core ongoing programs by dipping into its reserves, and advised that, despite its support of the program, it could not continue funding REAL beyond the three years originally approved.


EXECUTIVE DIRECTORCAROLINE NEVIN

age all CBA members and their fi rm staff to do the same.

Second, in B.C., the CBA led the way in protecting RRSPs, RIFs and other non-pension retirement savings vehicles. Every lawyer in B.C. will benefi t from the work of the CBABC to ensure that lawyers who do not have pensions have their retirement savings protected in the same way that pensions are when it comes to creditor claims.

I tell you this because all of the research I have reviewed when it comes to the retirement prepara-tions of lawyers says that the pro-fession is woefully unprepared. Per-haps this is exacerbated by the fact that 75 per cent of the fi rms in B.C. practice are solo practitioners, with no-one but themselves to rely on.

I surveyed about 80 CBA mem-bers who were within the age of considering retirement. I also sur-veyed a small number of members who have already retired. Here is what I can tell you:

First, most respondents had 30 years of call or more. Most of those

who responded intend-ed to retire in the next 5-10 years (20 per cent intended to be retired sooner). By far, the ma-jority of pre-retirement behaviours included “actively talking about re-tirement with my spouse/partners/others” and “worked out a fi nan-cial plan, either by myself or with an advisor.” Many (85 per cent) had either already decreased hours/clients or were intending to de-crease their hours/clients over time.

Of particular interest to all of you should be the fact that only 21 per cent of practising lawyer respondents to this survey had taken up new, or renewed old, hobbies or social activities. Across all demographics and professions, engagement in activities unrelat-ed to work is highly related to a happy retirement. One of the most important factors recommended by lawyers who had already re-tired (second only to ensuring you have enough retirement savings!) is investing in other interests.

Anyone who knows and cares for lawyers knows that the profession consumes a large part of one’s life; it is exceptionally important that someone who intends to leave that life consider and invest in activities outside of legal practice.

It was a relief to me that even in this time of economic uncertainty, 83 per cent of lawyers who responded to my sur-vey were either fairly confi dent or very con-fi dent of their fi nan-cial preparedness for retirement. However, even among those who express confi dence, a very large proportion

(79 per cent) were “somewhat anx-ious about the world economy.”

What fascinated me in terms of response to my survey was this: many lawyers are adamant that they will work until they drop, they love it; a smaller number of others can’t wait to retire, and wish they had never entered law. I suspect that none of this is unique to lawyers; my only advice is that everyone who reads this considers their personal wishes and takes the time right away to fi gure out the fi nancial plan that helps them get there (and please consider CBAF when you’re doing that!).

Since I joined the CBA staff in 1997, many things have happened to make me proud to be associated with the organization. Two signifi cant initiatives really stand out in terms of how we’ve positioned to help lawyers prepare for life post-law.

First, the CBA created the fi rst lawyer-driven, lawyer-serving group RSP plan in the country, through CBAF

(Canadian Bar Association Financial Services). The massed invested funds of Canada’s lawyers, staff and families are being tapped to en-sure exceptional saving and returns for the legal profession. More importantly to me, CBA members get an extra discount that means that their dollars go even further. For that reason, after signifi cant due diligence, the B.C. Branch staff switched and we are now completely invested with CBAF. We encour-

Retirement Never too early or late to plan!

Caroline [email protected]


GO ONLINE FOR MORE INFORMATION

DAVID J. BILINSKY

practicetalkDealing with ChangeRiding the wave...

tion by the Space Shuttle in 2011. Ray Kurzweil in an essay en-

titled “The Law of Accelerating Returns” stated: “An analysis of the history of technology shows that technological change is expo-nential, contrary to the common-sense “intuitive linear” view. So we won’t experience 100 years of progress in the 21st century – it will be more like 20,000 years of progress (at today’s rate).”

If Ray Kurzweil is even close in his analysis, then we are in for a tsunami of change about to wash over us.

What does that have to do with succession planning and the prac-tice of law? Well, in “A Short His-tory of Progress” (CBC Massey Lectures), Ronald Wright states: “To use a computer analogy, we are running twenty-fi rst-century software on hardware last up-graded 50,000 years ago or more.”

We have to deal with the upcom-ing changes with the tools avail-able to us – which then means that our institutions (which are social

tools) have to also change and adapt as circumstances change. We have to help the courts, the justice sys-tem, law fi rms and, not least of all, the public gain access to legal services in ways that are cost-effective, quick (since the world

can’t – or won’t – wait for long processes) and meet societal needs (i.e. good, fast and cheap). But if we are “hard wired” for the fi ght or fl ight response, for example, then we have to adjust our pro-gramming (culture, laws, educa-tion and ethics) to make up for our genetic “lag” in order to help us, and our institutions, change.

We have to help our institutions evolve too, in ways that keep them meaningful and relevant. Being open to change means be-ing open to questioning, if not outright changing, the fundamen-tal assumptions underlying the legal system to see if they main-

tain their relevance and utility in a differ-ent world from that in which they developed.

Most of all, we have to be open to change and place “the way we do things” continually under the microscope – to be open to exam-ination and adapta-tion – in order to keep

pace. The legal profession and the institutions we serve have to plan our own successors. The words of the Canadian Armed Forces come to mind: Lead, follow or get the heck out of the way. Nowhere is it written that the legal profes-sion, as we know it today, is im-mune from extinction. Being open to change – and helping our legal institutions evolve – is one way to avoid waking up one day and fi nd-ing out that the future ain’t what it used to be.

r The future ain’t what it used to be... r

– Music and Lyrics by Jim Steinman, recorded by Meat Loaf and Jennifer Hudson.

Many writers have opined on what is the biggest challenge facing us today. Climate change, terrorism, weapons of mass destruction and the economy all get high rank-ings. In my view, in the long run, these are superseded by a much bigger challenge: The rate of change.

Just to get some perspective on how quickly things have changed, the Stone

Age lasted some 2.9 million years (Wikipedia). It ended some 6000 years BCE. The last 8000 years since have taken us from the fi rst metal tools in The Copper Age all the way to the iPhone 4 being taken up to the International Space Sta-

David J. Bilinsky is the Practice Management Advisor for the Law Society of British Columbia. Email: [email protected] Blog: www.thoughtfullaw.com

The views expressed herein are strictly those of the author and may not be shared by the Law Society of British Columbia.

So we won’t experience 100 years of progress in the 21st century – it will

be more like 20,000 years of progress (at

today’s rate).


As we head into the travel season, I thought it would be useful to cover the websites that help make travel just a bit easier.

www.kayak.comKayak is quite simply the best travel reservation site that I have found.

There are many travel sites out there, including Expedia.com and Travelocity.com. But I personally like Kayak (www.kayak.com), TripIt (www.tripit.com) and StarAlliance (www.staralliance.com/en/) since I am an Air Canada frequent fl ier points member.

Kayak allows me to quickly search and view possible fl ights from all different airlines, which is particularly important when booking a multiple-city trip. You can also search for hotels, cars etc.

www.tripit.comTripIt allows you to manage your itineraries by simply email-ing TripIt a copy of your airline booking, car reservation, hotel reservation etc. TripIt builds a mobile online trip itinerary that you can then share with those with whom you are travelling. Quick, easy and free.

www.staralliance.com/en/Since I prefer to collect Star Al-liance fl ight points if I can (Air Canada, United etc), I always check any possible trip against the fl ights that I can see at Star Alliance. This allows me to com-pare the fl ights/routings that I get from kayak.com with the fl ights that I could get on the Star Alliance network to determine which fl ights to fi nally select.

www.hotels.ca Hotels.ca is a great site to fi nd hotels around the world (priced in Canadian Dollars!). I have used this site many times and it has never led me wrong. Hotels are as described, prices are hon-oured and reviews (at least from my experience) are accurate. Great site for Canadians travel-ling in or out of Canada!

www.hipmunk.comHipmunk is a cool new travel search site that tries to take the agony out of travel planning. Rather than presenting fl ight options to you in a text list, Hip-munk delivers to you a graphic timeline of each fl ight, with the length of the fl ight shown as a color bar “stretched” out across the page. In other words, the longer a fl ight (i.e. the greater number of connections) the longer the bar (known as the “agony view”).

Hotel results are shown on a map so that people can view where in a destination they will be staying and the landmarks near them.

www.seatguru.comThis site allows you to check virtually every scheduled fl ight and aircraft fl own by the airlines of the world and see the seat confi guration on the aircraft for your fl ight. It allows a quick scan prior to selecting seats to see if you have a good seat, a seat with some drawbacks, a poor or blocked seat or a standard one.

www.tripadvisor.comTripAdvisor is great for reviewing hotels prior to booking a reserva-tion. Raising the ire of hoteliers everywhere (“no establishment is above a negative review on TripAdvisor,” says The Guard-ian), the (one hopes) honest and trustworthy reviews haven’t let me down yet. You can see snap-shots of the rooms, read about the quality of the breakfasts and the politeness (or not) of the staff. Despite the concern of fake reviews, they state that they have a number of measures in place to weed out such posts. Always worth checking prior to booking.

www.bedbugregistry.com And last but certainly not least is the bed bug registry. Here you can check out hotels, rental suites and now cruise ships to see if you may be booking into an estab-lishment that has been reported as having bed bugs. At the time of writing this column, Vancouver is reported as having more than 2000 reports of bed bugs, most of them being in the West End.

© 2011 David J. Bilinsky

dave’s techtips


nothingoffi cialTONY WILSON

Terms of Venery for the Erudite AdvocateCollective nouns to impress and annoy

ting eight years of BarTalk articles published in book form and add-ing a few new expressions to the English language. They’re mod-est goals, I admit, but one must have goals. After all, I coined “schadenfreudeh” in Macleans, which is the pleasure most of us on the Coast feel when our rela-tives in Eastern Canada are bur-ied in snow in March and April while we’re golfi ng, sailing or gardening the winter away. I ori-ginated “Solitigator,” which is a lawyer who walks both sides of the street, and was the fi rst to use “Kegmare” in a national news-paper. “Lient” for an untruthful client was genius. Someday, there will be a Wikipedia entry just for my portmanteaus.

A Gaggle of Lawyers sounds to me to be the best collective self-deprecating description of our profession. Interestingly enough, besides being a fl ock of geese that isn’t fl ying, a “gaggle” is a term to describe eight fi fty-pound bags of salt, a loosely formed tactical

formation of aircraft, and an informal White House press confer-ence. Who knew?

If we divide up the legal profession, I’d suggest a Brood of Solicitors, for those of us tied to our desks running deals, drafting contracts and fi nd-ing ways to give our litigation partners more billable hours than we can ever acquire just so they can lord it over us at partners’ meetings. (That’s why we brood, I suppose.)

How about a Quarrel of Litiga-tors for those who regularly ap-pear in court but who brag inces-santly about all their billable hours to those of us who sent them the fi les in the fi rst place?

I’m not much of a James Joyce fan (the Bloom is off the rose for that author), but in homage to Dickens, a Jarndyce of Motions, though a tad erudite, suggests champertous litigation that never ends, and a litigator that keeps it going, just like in Bleak House.

Just as bleak (and just as erudite), a Dedlock of Deadlocks is what happens when counsel can’t agree on anything. Feel free to toss this expression, like a salad, into a con-versation to show someone how learned you really are. “Oh, where did you come up with such a wit-

ticism, good sir? Dick-ens? “Oh no kind lady, I read it in BarTalk. A book is imminent. ”

Given the fi nancial meltdown that start-ed on Wall Street in 2008 and migrated, like birds in winter, to Greece and other European countries, perhaps a Conspiracy

of Stockbrokers is an apt descrip-tor for a profession that is fi nally getting worse press than lawyers normally do and an Acropolis of Debt might describe a country that borrows too much.

A Cacophony of Clients might be a good thing to have in tough times, as would a Plethora of Plain-tiffs. For those of you regularly dealing with ICBC, how about a Drove of Adjusters? (Bada-boom).

Maybe you like ones that are less literary, closer to home and with a distinctly B.C. touch. How about a Friesen of CLEs, a Wally of Jur-ists or a Loukidelis of Legislation?

Or do you have, in the words of the late great Douglas Adams, a Salmon of Doubt about these terms ever catching on?

Amurder of crows. An unkindness of ravens. A sleuth of bears. A wing of dragons. A bed of clams. A pod of dolphins. An army of ants.

It’s an odd thing that in the English language, we have so many different “collective nouns” for specif-ic groups of other nouns, normally of the animal per-suasion. These are sometimes called “Terms of Ven-

ery” or “Nouns of Assembly.” But as much as we have these terms for whales, birds and other animals, we don’t seem to have them for lawyers, and the people lawyers deal with.

Some people want to scuba dive with Great White Sharks, rappel off 22-story skyscrapers for charity, or see the Pyra-mids before they die. Having done all that, my bucket list now includes writing the odd piece for The New Yorker, get-

The views expressed herein are strictly those of Tony Wilson and do not refl ect the opinions of the CBABC or its members.


GAIL MCKAY, ASSISTANT PROFESSOR, TRU

featureTRU Faculty of Law Grand Opening

TRU Old Main Expansion and Modern-ization A design inspired by the re-gion’s most prominent landmarks has been selected for the new home of the Faculty of Law. The expansion will add 40,000 square feet of learning, library and student spaces and will create two additional stories on TRU’s Old Main building. Modelling Kamloops land-marks Mt. Peter and Paul, the roof un-dulates and curves, evoking the area landscape, yet confi dently embracing TRU’s campus plan and fi rmly marks the University’s place in the province.

(Left photo) Law Grand Opening—Ribbon Cutting 18 Dignitaries cut the ribbon to offi cially open the TRU Faculty of Law, Canada’s new-est law school in more than 33 years. The ceremony was held Sept. 6 in the Irving K. Barber British Columbia Centre, located in The Brown Family House of Learning. (Right photo) General Scene—Law Grand Opening A scene from the TRU Faculty of Law grand opening. The ceiling is made of timber killed by the mountain pine beetle.

Acelebration of many fi rsts occurred on the trad-itional territory of the Shuswap Nation in Kam-loops on September 6, 2011. In an awe-inspiring lecture theatre constructed, (as National Chief Shawn A-in-chut Atleo in his greeting noted), of pine beetle kill wood, and under renowned sculptor John McEwan’s giant coyote rooftop

sculpture made of bent and rolled steel stars, esteemed members of Canada’s legal community offered greetings to the students of Can-ada’s fi rst new law school in 33 years.

Ex nihilo: building something out of nothing. In just two years, out of the hands of just two persons, Founding Dean of Law Chris Axworthy, QC and Founding Administrator (now Assistant Dean of Law) Anne Pappas, the new law school materialized. As Chief Jus-tice of Canada Beverley McLachlin explains in her letter of welcome, “TRU Law has a special mission as the only Canadian law faculty not located in a major urban centre. By bringing legal education to a broader community, Thompson Rivers University will make an important contribution to tackling the access to justice problem.” A fi rm believer in the coexistence of equality of opportunity and excel-lence, Governor General of Canada David Johnston wrote, “We are duty bound to improve justice and continuously create the good.”

In his inaugural welcome to students, Dean Axworthy said, “You were chosen because you hold great promise, and this profession upon which you are embarking is a noble and caring one.” “You have begun,” said The Honourable Lance S.G. Finch, Chief Jus-tice of B.C., “an adventure, a life-altering opportunity.” “You are the face of the new law school,” said The Honourable Thomas J. Crabtree, Chief Judge, Provincial Court of B.C., “and forever you will be known as the fi rst graduating class – an honour you will carry the rest of your career.”

OLD MAIN LIBRARY, MOOT COURT, CLASSROOM, STUDY ROOM or LOUNGE

CLASSROOM DESIGN


sectionsNew Section Introduction: CBABC Appellate Advocacy

The mandate of the Appellate Advocacy Section is to

provide a forum for discussion of topics of interest related to civil and criminal appellate practice, primarily in the B.C. Court of Appeal, but also in the Supreme Court of Canada and B.C. Supreme Court. The Section will consider procedural and substantive law, and oral and written advocacy, relevant to appellate practice in those courts. The Section currently has 96 members, including eight from interior B.C. and Vancouver Island as well as members from the Department of Justice and the Criminal Bar. Meetings are held at lunch times at the offices of our Executive members. The Executive welcomes joint meetings with other Sections, e.g. a joint meeting with the Legal Research Section on November 29, 2011, on the topic of factum writing. Speakers will include leading appellate counsel, and justices and legal officers of the Court of Appeal (e.g. registrar and law officer).

Appellate Advocacy

The Appellate Advocacy Sec-tion held its inaugural meet-

ing on September 22, 2011. Tim Outerbridge, Law Officer at the British Columbia Court of Appeal, discussed recent rule amendments and his role as Law Officer. Mr. Outerbridge explained the rationale behind recent changes and answered questions regarding their implementation. He also in-formed the Section of amendments,

Alternate Dispute ResolutionVancouver

Meeting: October 18, 2011Speakers: The Honourable Judge Donna Senniw, Mr. Gordon Turriff, QC and David Merner. Topic: Taking off the Robes and Rolling up their Sleeves: Should Judges be Mediating – the Future of “Judicial Dispute Resolution” in B.C.

Appellate Advocacy

Meeting: September 22, 2011Speaker: Timothy Outerbridge Topic: Various

Charities and Not-For-Profi t Law

Meeting: September 27, 2011Speakers: Chris Becker and Ian Moes, Kuhn & Company LLPTopic: Guidelines for Charities Operating Internationally

Introducing: The CBABC Appellate Advocacy Section

Chair: Gregory Pun, Alexander Holburn Beaudin & Lang LLP (photo)Vice-Chair: Peter Senkpiel, Nathanson Schachter & Thompson LLPSecretary: Elizabeth Clarke, Lawson Lundell LLPTreasurer: Joel Payne, Fasken Martineau DuMoulin LLP

SECTION UPDATE

Keep Current A review of provincial Section meetings.

Neil Hain, Chair

ChrisBecker

Ian Moes



which are currently being con-templated by the Court of Ap-peal. For example, the court is concerned that there is uncer-tainty regarding whether orders are final or interlocutory and is currently finalizing a closed list of matters for which leave to ap-peal is required. Mr. Outerbridge also explained the court’s goals in advancing the electronic-court project. He expressed his hope that the Appellate Advocacy Sec-tion will provide an opportunity for communication between the Bar and the court and opened the floor for feedback from counsel.

Charities and Not-For-Profi t Law

Ian Moes and Chris Becker of Kuhn LLP presented on

Guidelines for Charities Operating Internationally. The presentation addressed how charities should structure international activities, how to meet CRA requirements, and how to assess the advantages and disadvantages of using various intermediaries (agents, contract-ors, cooperative participants, joint venture participants). There are good reasons to prefer contractors to agents: limiting vicarious liabil-ity, and shifting to an invoice-for-services model. The speakers also discussed compliance with existing anti-terrorism legislation and CRA policies, noting the potential risks to charities operating in regions where terrorists are present. Over-all, the CRA policy is ambiguous and disconnected from the actual legislation, and charities must exercise due diligence in assessing their risks of inadvertently or in-directly supporting terrorism. The meeting concluded with a discus-sion period.

Alternate Dispute ResolutionVancouver

The Honourable Judge Donna Senniw (Provincial Court of

B.C.), Mr. Gordon Turriff, QC (counsel to Stikeman Elliott LLP), and David Merner (Ministry of Attorney General) tackled the issue of “Judicial Dispute Resolu-tion” or “JDR.” They described a wide variety of JDR processes involving mediation, settlement conferences, trial conferences and mini trials. Questions focused on what is the role of judges: to resolve problems or provide an-swers and finality to issues? The panel examined JDR processes currently applied across the coun-try and debated controversial issues, including the following. Should disputes be streamed into either an adjudicative or “settle-ment oriented” process depending on the nature of the case and the needs of the parties? Can the parties be empowered to select their judge drawn from a pool of specially trained judges? Should the JDR approach be facilitative, evaluative or a hybrid? Should judges caucus separately with the parties? How does this fit with the traditional view that judges should be neutral and the current policy of the Provincial Court promoting judges to be general-ists? It was a fascinating and thought-provoking session!

For enrolled CBA members, more detailed information and available minutes from the Section meetings are online at www.cba.org/bc in Sections under Professional Development.

SECTION NOTICE

Tracking Tool and CPD Hours A friendly reminder to all B.C. lawyers: your 12 credits of CPD are due for reporting on December 31, 2011. Here are some simple tips for entering your CBABC hours through the CBA Tracking Tool. Hours eligible for CPD are added to the Tracking Tool (http://cba.org/pd/trackingTool.aspx) after each meeting is completed and sign-in sheets have been returned to the CBABC offi ce by the Section Sec-retary. The Hours Attended fi eld will be defaulted to 0.00. Follow the Edit link to the Events Detail page to amend the hours attended. The number of hours ac-credited for the meeting will be provided as reference on this page. On the Law Soci-ety of B.C. website, Section meeting attendance is re-corded under the individual Section rather than by topic. Search for the Section under which the hours should be applied, and use the course dates of January 1, 2011 to December 31, 2011.


features

What would happen to your clients if you were sud-denly unable

to practise? Are you prepared? It’s as important to have contingency plans in place for your practice as it is for your personal estate.

When sole practitioner Michelle Taylor1 died suddenly, her com-mon law partner didn’t know what to do. His grief was under-standably raw and he should not have had to cope with the added burden of his loved one’s legal practice. Michelle practised by herself and had not designated a winding up caretaker, so there was no obvious person to deal with her client fi les. With nowhere else to turn, her grieving partner spoke with the only other lawyer in town who advised him to call the Law Society.

INADVERTENTLY LEAVING A POTENTIAL LIABILITY TO YOUR ESTATEHad Michelle taken the critical step of succession planning for her practice, what happened next could have gone very differently. As she had made no such plans, the Law Society made an applica-tion to the court to be appointed custodian in order to protect and assist her clients. In such cases, the Law Society is entitled to seek costs for the expense of the cus-todianship from the estate. Thus,

instead of leaving a legal practice behind as an asset to the estate, a lawyer, such as Taylor, may in-advertently be leaving a liability to the estate for the cost of wind-ing up the practice. This is likely not the legacy she intended. Aside from the potential fi -nancial cost, a custod-ianship also requires loved ones to have additional conversa-tions and make quick business decisions dur-ing an already diffi cult time. Furthermore, a lawyer acting as the designated custodian will need to get up to speed with an unfamiliar practice, fi les and client base in order to as-sist the clients. All of that takes time and can add to the cost.

THE LAW SOCIETY CAN HELPThe Law Society is working to make it as easy as possible for lawyers to make such plans and has launched a campaign entitled Succession planning: it’s good practice to raise awareness of the particular need for sole practition-ers to plan ahead for the future of their practices.

Law Society data indicates only 12 per cent of sole practitioners over 50 years of age have a desig-nated winding up caretaker. Many lawyers don’t have the time or desire to think about succession

planning or may fi nd it uncomfort-able to plan for the possibility of their own disability or death. But it’s as important to have contin-gency plans in place for your prac-tice as it is for your personal estate.

Planning lets you choose who will be your winding up caretaker, what details that lawyer will han-dle and on what fi nancial terms. It means the Law Society doesn’t need to step in as a custodian, which saves everyone time and money. It also gives the clients cer-tainty. Custodians can’t meet the ongoing needs of the clients on a

long-term basis, but a pre-chosen succes-sor can, which gives clients continuity of care in a timely man-ner and also helps to control costs.

HOW TO START SUCCESSION PLANNINGIf you are a sole

practitioner, take the time now to think about succession plan-ning. You may want to consider “buddying up” with another sole practitioner to act as each other’s winding up caretaker. The Law Society is available to help and has developed tools, including sample documents, on the website in the Practice Support section to make the planning process easy.

Lawyers with questions should contact the Custodianships de-partment at 604-669-2533 or by email to [email protected].

SHERELLE GOODWIN

Succession Planning, It’s Good Practice Are you prepared?

Sherelle Goodwin, Manager, Cus-todianships, Law Society of British Columbia.

1 Name changed to protect identity.


Succession implies retire-ment and retirement brings with it a series of obligations that must be planned for. These

can be divided roughly into three parts: obligations to the Law Soci-ety, to your clients, and to yourself.

Graeme Keirstead has written on the problems involved when one fails to make arrangements for someone to take over one’s practice and forces the Law Society to step in. The Law Society also mandates that fi les must be kept for a period of time – at least 10 years to cover the Limitation Act. Different types of fi les, e.g. those involving minors and those where continuing obligations are involved, may require longer custodianship than others. For the former, I would suggest 10 years past the child becoming an adult. For the latter, 10 years after that which is to be performed in a contract or agree-ment, has been performed. Wills of course, must be kept forever in a fi re proof container. My thought is that when the client dies, the fi le should be kept until the completion of the probate process. Frequently a for-mer client has made a new Will with another lawyer, unbeknownst to you. The only answer I can think of for this is to check periodically with Vital Statistics to see if your client has died. However, these problems may be covered in the article: The Law Society > Practice Resources > Closed Files: Retention and Dispos-ition. Some lawyers have avoided

fi le retention problems by inserting in the solicitor-client agreement signed at the outset of the relation-ship, a clause permitting the law-yer to destroy the client’s fi le with-in X days of it not being removed by the client after notifi cation. I do not know whether this clause has been tested in the courts. Other lawyers just take their remaining fi les home, keep them in their basement, and inform the Law Society should an enquiry be made.

Once you have ar-ranged for someone to hold these fi les for you, inform the Law Society of the name of that person. Active fi les have to be turned over to other lawyers, and preferably, not a week before a trial is to take place. Company of-fi ces have to be transferred and the Registrar of Companies notifi ed, and fi lings made. Unless a sole prac-titioner is able to sell his/her prac-tice to someone who will take over these obligations, he/she must see to them him/herself. Inform the Law Society of your intention to cease practice. It is nicer than being struck off the rolls for failure to pay dues.

In fi rms, the matter of custody of fi les and change of registered of-fi ces is not a problem. Transition of clients, payment out of capital and fi nancial planning has usually been planned for well in advance.

As to one’s obligation to oneself,

some people have developed other interests over the years and merely expand their participation in them after retirement. Others, whose sole life has been the law, fi nd themselves with nothing to do. The Lawyer As-sistance Program has developed seminars and workshops geared to assist those about to retire, retiring or already retired, called “Refi re-ment.” But these cannot help with fi nancial preparation for retire-ment, which must start early on.

Absent pension plans available in the corporate and public sec-tors, lawyers must start early, put-

ting away money in their RRSPs. The large earning years usually coincide with the per-iod after the family has been educated and sent off. It is dur-ing that period that a large amount can and should be set aside for retirement purposes.

While most of us have our social circle outside of the law, we spend a great deal of time with other lawyers and are loath to give up the camaraderie engendered thereby. Unlike universities, we have no alumni organization. However, the Senior Lawyers Section of the CBABC meets several times a year for dinner, lectures, and social inter-course and is open to former lawyers.

I have tried to point out that some planning for retirement must be done many years in advance. I myself made mine 46 years ago when I begat Mark Lecovin, my junior partner and successor.

See also: The Law Society > Prac-tice Resources > Succession Planning > Guide to Closing Your Practice.

GERALD LECOVIN, QC

How to Succeed at SuccessionIt ain’t over ’til the fat lady sings

Gerald Lecovin, QC of Gerald J Lecovin & Company.


features

Recently, about 25 lawyers and notar-ies practising on the North Shore gathered for lunch to honour

one of our colleagues who is re-tiring after 42 years of practis-ing law on the North Shore. The youngest person present was in his mid-fi fties and the average age in the crowd was about 62. The lawyers were primarily solicitors who are sole practitioners or who practice in small (six members and under) law fi rms.

We lamented the facts that:A. when we opened our practices

we were all in our 30s or 40s, but now very few lawyers on the North Shore who work as practitioners for the middle class are under 50;

B. the lawyers would like to have a succession plan, but have been unable to fi nd successors;

C. all of the lawyers are busy and felt their practices were “reces-sion proof”; and

D. all of the lawyers are worried about what will happen to their clients once they retire, and in turn when the lawyers advise their clients they are thinking of retiring, many clients are upset that they are losing their lawyer, with no replacement lawyer in sight.

It has been a time-honoured tradition for a lawyer to serve the legal needs of the middle class.

With a few exceptions, the true

general practitioner, who provides both solicitor and litigation ser-vices, seems to have disappeared. However, there is still a need and there shall always be a need for lawyers to provide general legal services to the middle class.

In this age of spe-cialty, a general prac-titioner is looked upon by various groups (in-cluding other lawyers) as old fashioned, in-effi cient, lacking skills or uneconomic.

The general prac-titioner has had to adapt to the changes in technology, market-ing, management and changes in the law, just like any other mem-ber of the legal profession. There is nothing “old fashioned” in most general practitioners’ practices. In fact, some general practitioners are leaders in change.

It took many years for the med-ical profession to recognize that being a “general practitioner” was a specialty in itself. This discovery,

by the medical profession, may have come too late for the mem-bers of the public who no longer have a family doctor.

I think it is time for the legal profession to recognize the value of the general legal practitioners – whether solicitors or litigators – before they are all gone.

General practitioners provide:A. the bulk of the legal services

to the middle class and small business communities who generally do not require spe-cialized legal services from large law fi rms;

B. a skill-set suf-fi cient to determine the problem or prob-lems of the client and then resolve them, or to refer the client to a “specialist”;C. the ability to han-dle the bulk of refer-rals from the Lawyer Referral Program;D. the face of the

legal profession within their communities;

E. a balanced professional life be-fore “Work/Life Balance” was trendy; and

F. a knowledge of hands on busi-ness issues, as they operate a law fi rm, which itself is a small business.

There is an opportunity for younger lawyers to become part of the succession plan for general liti-gators and general solicitors. Many of the general practitioners will be retired in the next 10 or 15 years, yet the legal issues faced by the middle class will continue to exist.

After all, not everyone wants to do mergers and acquisitions.

JOHN LAKES

John Lakes, Barrister and Solicitor, Lakes, Whyte LLP.

Not Everyone Wants to Do Mergers and AcquisitionsWho’s going to be my lawyer when you are gone?

Lawyers would like to have a

succession plan, but have been unable to fi nd

successors.


Succession planning is a topic of great interest and concern to lawyers in small fi rms. There is much to consider,

even assuming that lawyers exit because of retirement and not dis-ability or untimely death.

Lawyers approaching retirement seek assurance that their clients will continue to receive quality ser-vice from the fi rm after the lawyer’s retirement. Junior lawyers need to feel secure that the fi rm will con-tinue as a vibrant entity after the retirement of key senior lawyers.

Lawyers seem to hesitate to discuss retirement succession for various reasons. Most lawyers pri-oritize client matters and the daily management of the lawyers’ prac-tice over succession planning. Sen-ior lawyers may be uncomfortable discussing their own retirement; junior lawyers may feel that it is impolite to discuss the retirement of a senior lawyer.

However awkward or uncomfort-able, succession planning is critical in small fi rms. Without it, senior lawyers may be unable to retire for lack of a successor (whether the suc-cessor is another lawyer or the fi rm at large). Junior lawyers may fi nd that they do not have the skills ne-cessary to replace senior lawyers.

One approach to succession planning in small fi rms is to in-clude all lawyers in planned discus-sions about succession, and then to gather individual plans from

those involved. The fi rm can frame the discussion in terms of meeting the needs of clients, the fi rm, and individual lawyers. This approach gives lawyers freedom to discuss succession, and should elimin-ate some of the discomfort that lawyers might other-wise feel in raising the topic. Senior law-yers can take comfort in knowing that their partners and associ-ates are aware of their intentions. Junior law-yers will be engaged in the fi rm’s future, which may increase loyalty to the fi rm.

From a management perspec-tive, this approach gathers critical information about target retire-ment dates and the roles that indi-vidual lawyers hope to undertake in the fi rm’s succession plan. This information positions manage-ment to assess needs, set timelines,

and develop strategies, all to help ensure that the fi rm remains vi-brant through the retirement of key senior lawyers and that transi-tions are made smoothly.

Apart from developing a suc-cession plan, this proactive ap-proach provides value to the fi rm

in other ways. Good communica-tion fosters quality relationships. The simple act of speaking frankly with one another about a sensi-tive topic can enhance relation-ships among lawyers in the fi rm. The fi rm must structure and man-age discussions well to achieve this benefi t. Depending on a fi rm’s dynamics, it may wish to hire an external consultant to assist with part or all of the process.

Every fi rm can tailor this ap-proach to meet its needs. For ex-ample, a fi rm may include non-lawyer employees in discussions

and in its succession planning, in recogni-tion of the critical role that key non-lawyer employees play in ser-vicing clients.

The strategies that result from discussions surrounding succes-sion may succeed or they may fail, but there will be a plan. Those

responsible for implementing the plan may modify it as circumstances change, and it is possible (and per-haps likely) that succession will not go as planned. However, the value of this proactive approach extends beyond the resulting plan: manage-ment will have valuable informa-tion to aid in further planning and decision making; members of the fi rm will enhance their relation-ships; and lawyers will be more open to frank discussions about succession and retirement. Any plan can fail and is likely to change, and so the additional value deliv-ered by this proactive approach to succession planning makes it particularly attractive.

Mary McEwan is an associate at McEwan & Co. Law Corporation.

MARY MCEWAN

Succession planning is critical

in small fi rms.

Small Firm Succession PlanningValue in a proactive approach


feature

Arnold “Arny” Murray Abramson gradu-ated from the Uni-versity of British Columbia with a

Bachelor of Laws in 1968 (be-ing awarded the gold medal from the Law Society), articled in Van-couver with Bourne, Lyall, Shier, Davenport and Spencer, and was called to the Bar in British Colum-bia in 1969. After a career of more than 40 years as a practising law-yer, which included partnership at Davis and Company (now Davis LLP) and working as legal coun-sel at the Legal Services Depart-ment of BC Hydro for the last 10 years, Arny retired in 2010. Arny remains active in the community serving as a director and offi cer of the Hillel Endowment Founda-tion, of the Jewish Home for the Aged of British Columbia, operat-ing as the Louis Brier Home and Hospital, and as a director of the Louis Brier Jewish Residence Soci-ety. Arny has taken some time to answer questions about planning for retirement and life after the practice of law.

Q: Has life slowed down since retirement? How have you been keeping busy?Life has not really slowed down since I retired. I often used to hear my retired friends telling me that they did not know how they had time to work before they retired. I often feel the same way.

After I retired, my wife Carole and I went on a 40-day cruise around South America. Shortly after we re-turned home, I fi nally got to adopt a seven-week-old Rhodesian Ridge-back puppy. I have taken a course in photography to learn how to use my digital camera more effectively and how to “edit” my photos.

Q: Is there anything that surprised you about retirement?I was surprised to learn that the com-monly held belief that you need less to live on after retirement than you did while working is not true, at least not for my wife and me. It is true that I probably spend less on clothes, lunches and driving to and from work, but I am certainly spending about the same amount every month as I was before.

Q: What do you miss the most about practising law?Probably I miss working with people and offering advice and help more than anything else. I have become active on a few boards the last few years, so that has helped. Also, I meet one of my former colleagues at BC Hydro Legal occasionally for lunch and that is nice. Lastly, I did remain on a BC Hydro corporate committee, which meets about four times a year, so I still get the opportunity

to interact with business people and go downtown.

Q: How did you deal with your fi les and ongoing work leading up to retirement?That was the easiest thing to deal with. Those that were not fi nished were distributed to various other law-yers in the department. I passed the fi les on before I left and explained the status of each to the lucky recipients.

Q: Are there still fi les from your practice that keep you up at night?In no way!

Q: What advice do you have for lawyers who are starting to plan for retirement (in their twenties and thirties)?Max out their RRSP contributions and their TFSA contributions. Have other interests than the law so you can keep busy. Get up early in the morning once you retire and keep busy.

Q: Finally, what is your favourite quote?“The moving fi nger writes; and, having writ, moves on.” – I have liked it for many years.

CHRISTINE MURRAY

A Questionnaire About Planning for Retirement... and life after the practice of law

Left: Arnold “Arny” Murray Abram-son, retired lawyer. Right: Family Lawyer Christine Murray practises at Berge Hart Cassels LLP.


guest

Consider this hypothet-ical situation. You are a lawyer who wants to start your own fi rm. What do you

need to consider? In no specifi c order, here are some topics to pon-der before you leap into the world of solo practice.

KNOWLEDGEWhen you work on your own, you lose the colleague down the hall with whom you discussed fi les. However, you can join a CBABC Section, if you haven’t al-ready, or consider fi nding a men-tor. The CBABC offers a Men-toring Registry, and the CBA B.C. Women Lawyers Forum oper-ates a mentoring program. As an added bonus, The Law Society of British Columbia (LSBC) accepts mentoring as an accredited activ-ity to fulfi ll a lawyer’s Continuing Professional Development.

FINANCING Opening your own fi rm has a mys-tique about it. You imagine you’ll bring home more money, because you’re not giving 55 per cent of your billings to the boss. Unfortu-nately, most of your billings will be going to your fi rm. You will need to pay for offi ce space, pro-cess servers, CBA and LSBC fees, continuing education courses, books, computer equipment and software, etc. Consider sharing offi ce space with another lawyer.

By sharing an offi ce, you can share costs and possibly have a colleague with whom to discuss issues.

Or you may want the conven-ience of working at home, and use a “virtual offi ce” to meet your clients. Whatever choice you make, you need to consider the tax implications and speak to an accountant. Also, consult an accountant if you own a vehicle and want to use it for work purposes.

To cover your initial start-up costs, con-sider a business line of credit or small busi-ness loan. Also, con-sider your personal takings and your fi rm’s operating costs.

ACCOUNTSAs a lawyer, you are ultimately re-sponsible to your clients and the LSBC for your accounts. Know the origin of every dollar deposited, and the destination of every dollar withdrawn by having signing au-thority over all of your accounts. Know the difference between a General and Trust account and keep your personal accounts sep-arate from your business accounts.

Ensure you know the LSBC Rules regarding trust accounts. A book-keeper who understands legal book-keeping is a valuable asset. Talk to your colleagues for referrals. Also, consider hiring an accountant to as-sist you with your taxes.

CLIENTS AND CLIENT FILESTo invite your current clients to follow you to your new prac-tice, refer to LSBC Professional Conduct Handbook. To attract new clients, you can enroll in the CBABC’s Lawyer Referral Service. If necessary, refresh your know-ledge of the LSBC Rules on Client Identifi cation and Verifi cation.

LEGAL ASSISTANTYour legal assistant is a valuable member of your team. She can per-form various administrative tasks, leaving you to focus on legal mat-

ters. As the lawyer, you are responsible to the LSBC for any work your legal as-sistant does or does not complete. Outline your assistant’s roles and duties in a writ-ten contract, and in-clude wages, vacation entitlement, and per-formance expectations.

Your assistant’s education and experience requirements will de-pend on your areas of practice. Ask for references and talk to all of them. Find out how your po-tential assistant performs under pressure, how well she communi-cates and how she responds to criticism. Remember, your as-sistant is an employee, and not a friend, no matter how close the two of you become. You need to feel comfortable coaching and correcting her as needed, because your reputation and livelihood could depend on it.

Before you venture down the fulfi lling, thrilling road of solo practice, talk to a Practice Stan-dards advisor at the LSBC.

Nicole Holas, Lawyer.

NICOLE HOLAS

Here are some things to consider...

Want to Start Your Own Law Firm?


news&events

Report. Debate. Vote on resolu-tions dealing with public policy and CBA governance, at the Mid-Winter Meeting of Council in the Mayan Riviera, Mexico, February 10-12, 2012.

The Fairmont Mayakoba boasts all the best the region has to offer, from golf and beaches to lagoons and jungle. Book your stay online or by phone at 1-800-441-1414, and quote code

CBAM12 for the group rate. Not a Council member? You may be eligible to vote at Council. Please contact Caroline Nevin at [email protected] and ask about being named as an alternate for another Council member who cannot attend.

Detailswww.cba.org/mayakoba2012

CBA NATIONAL NEWS

CBA Mid-Winter 2012: Come for the Business, Stay for the Sunshine!

On October 12, the CBA inter-vened at the Supreme Court of Canada in Saskatchewan Human Rights Commission v. Whatcott. The CBA’s pro bono legal counsel, David Matas of Winnipeg, focused his argu-ments on the constitutionality of s. 14(1)(b) of the Saskatch-ewan Human Rights Code, which prohibits the publica-tion of material that “exposes or tends to expose to hatred, ridicules, belittles or otherwise affronts the dignity of any per-son or class of persons on the basis of a prohibited ground.”

Mr. Whatcott argued that s. 14(1)(b) violated his free-dom of expression under s. 2(b) or freedom of religion under s. 2(c) of the Canadian Charter of Rights and Free-doms. The CBA advocated an interpretation of constitu-tionality based on the inter-national context, including international conventions to which Canada is a party. CBA also argued against the Court overturning its 1990 ruling in Canada (Human Rights Commission) v. Taylor, a case in which the Supreme Court of Canada upheld a compar-able provision to s. 14(1)(b) as constitutional (i.e., s. 13 of the Canadian Human Rights Act).

Watch the hearing (CBA intervention at counter 216)http://scc-csc-gc.insinc.com/en/clip.php?url=c/486/1938/201110120501wv150en,001Content-Type:%20text/html;%20charset=ISO-8859-1

CBA NATIONAL NEWS

Intervention at SCC


CBABC Branch Offi ce Staff in Full Halloween Spirit


The CBA has serious concerns about the general direction of Bill C-10, Safe Streets and Com-munities Act, sug-gesting it is contrary to what is known to lead to a safer soci-ety, and would move Canada along a road that has failed in other countries, at great expense.

“The CBA offers its critique of Bill C-10 on the basis of a solid foundation of evi-dence and experience,” said Eric Gottardi, Vice-Chair of the CBA’s National Criminal Justice Section. “Criminal law should be based on the most effective policies and best use of public resources.”

In its approximately 100-page submis-sion, the CBA says the legislation adopts a punitive approach to criminal behaviour, rather than a focus on how to prevent that behaviour in the fi rst place, or rehabilitate those who offend. “As most offenders will one day return to their communities, pre-vention and rehabilitation are most likely to contribute to public safety,” the brief notes.

The CBA’s National Immigration Law Section has raised concerns with proposals in Bill C-10 aimed at protecting vulnerable immigrants. “While providing assistance to traffi cked and other vulnerable people is laudable, these proposals would introduce a scheme that is vague, confused and pot-entially harmful to the very people it seeks to protect,” says the CBA brief.

Eric Gottardi of Vancouver and Prof. Mi-chael Jackson of the Faculty of Law at the University of British Columbia and member of the CBA’s Committee on Imprisonment and Release presented the CBA brief to the House of Commons Standing Commit-tee on Justice and Human Rights on October 18.

CBA NATIONAL NEWS

CBA Critiques Bill C-10 at Parliamentary Committee


CBA NATIONAL NEWS

PD Video Now Online: Whose Privilege Is It?A video of the session entitled “Whose Privilege Is It?” fi rst presented live at the CBA’s Canadian Legal Conference in August, is now available for viewing on the CBA website. The video features a rapid-fi re debate between Professor Adam Dodek of Ottawa (University of Ottawa, Faculty of Law) and Mahmud Jamal of Toronto (Osler LLP). This lively and entertaining session is an initiative of the CBA Ethics and Professional Responsibility Committee.

The debate explores whether privilege should be ex-tended to the clients of non-lawyer professionals, including paralegals; whether corporations and governments should benefi t from solicitor-client privilege, or whether it should be limited to individuals; and whether the exceptions to

the lawyer’s duty of confi dentiality should be expanded to include rea-sonable belief of fi nancial harm.

Time spent watching this pro-gram may be applied toward the annual CPD requirement in North-west Territories.

Full details on accreditation are available online on the CBA website at:www.cba.org/cba/activities/code/debate.aspx

The CBA has welcomed Justices Andromache Kara-katsanis and Michael Moldaver as the newest mem-bers of the Supreme Court of Canada. “Both justices are highly qualifi ed individuals who will serve Can-adians well at the Supreme Court of Canada,” says CBA President Trinda L. Ernst, QC, of Kentville, Nova Scotia. “They bring unique qualities to the highest court: Justice Karakatsanis offers extensive experi-ence from government, while Justice Moldaver brings a strong background in criminal law.”

Both justices sat on the Ontario Court of Appeal. They replace Justices Ian Binnie and Louise Charron, who announced their retirements last spring.

CBA NATIONAL NEWS

CBA Applauds Confi rmation of Two New Judges to SCC

Top: Mahmud Jamal Bottom: Adam Dodek


news&events

INCAPACITY PROVISIONS AND WESA

We’ve been working hard at CLEBC to educate the profession about the new incapacity laws that came into force on Septem-ber 1, 2011, and the Wills, Estates and Succession Act, expected to come into force in 2012. The WESA repeals and replaces existing wills and estates stat-ues, and introduces many new

substantive legal principles and procedural changes.

The new statute is expected to be amended before it comes into force.

The fall 2011 update to Wills Precedents: an Annotated Guide incorporates changes to refl ect the new incapacity provisions. The authors have also considered the wills draft-ing implications of the WESA. Despite some uncertainty as to the timing and fi nal form of the WESA, practitioners can assist clients by considering some drafting and practice implica-tions now. The authors have addressed many drafting issues, including some that are evolv-ing. The next edition of Wills

Precedents, likely soon after the WESA comes into force, will introduce further amendments to the clauses and commentary.

The fully annotated text of the WESA appears in CLEBC’s WESA Transition Guide. The Transition Guide also includes a narrative overview, tables of concordance, and several topical chapters on key emerging issues.

For further information, contact CLEBC customer service at 604-893-2121, or visit our website at www.cle.bc.ca.

NEWS

CLEBC Update

CBABC WLF NEWS

CBA, B.C. WLF Mentoring Program 2012Last call for those interested in signing up for the B.C. Women Lawyers Forum, 2012 Mentoring Program. Whether you are looking for advice on business development, practice management, or support from some-one outside of your fi rm or community, the B.C. WLF’s Mentoring Program connects women lawyers from throughout the province. Now in its 8th year, the B.C. WLF’s Mentoring Program has matched more than 800 women lawyers.

Mentors and Mentees may be practising, non-practising or retired mem-bers of the Law Society of British Columbia. There is no minimum num-ber of years of call to be a Mentor or Mentee, and peer mentoring is also encouraged. Membership in the B.C. WLF is required to participate in this program. If you are interested in learning more about the 2012 B.C. WLF Mentoring Program, or to join the WLF, please contact [email protected].

CBA, B.C. WLF Senior Women Lawyers’ Dinner – January 11, 2012Is your 50th birthday a memory? Do you remember receiving legal cor-respondence via telex or thermal paper fax machines? Are your days as a soccer or ballet mom over? If so, the B.C. WLF’s Senior Women Lawyers’ Dinner is for you! This annual dinner provides an opportun-ity for senior women lawyers to network with peers, and to engage in dialogue with a special speaker. Membership in the WLF is required to attend. Contact [email protected] to join the B.C. WLF, and look for event registration details.

The Law Society of British Columbia’s website provides a wealth of information on succession planning.

www.lawsociety.bc.ca/page. cfm?cid=355&t=Preparing-to-leave-or-move-your-practice

FEATURE

Succession Planning: Tools, Documents and Resources


BRANCH & BAR

CalendarThere are no Acts in Force from August 31 to November 1, 2011. The Legislative Assembly of B.C. is in session from October 4 to November 24, 2011.

B.C. Legislative Update is provid-ed as part of the CBABC legisla-tive and law reform program. It is a service funded by CBA mem-bership fees, and is, therefore, provided as a benefi t of CBA membership. The full version of Legislative Update is now only

published online and available to CBA members exclusively

at www.cba.org/bc.

B.C. LEGISLATIVE UPDATE

ACTS IN FORCE

DECEMBER2 Aboriginal Lawyers Forum Holiday Banquet

7 CBABC PD Joint Seminar: Undertakings – Avoiding the Pitfalls

9 CBABC PD Seminar: Diversity: Equality in Action – Principles, Problems and Practicalities

10 Provincial Council

JANUARY11 CBABC WLF Senior Women Lawyers’ Dinner

12 Past Presidents’ Dinner

This September, dozens of lawyers gathered in public squares in Van-couver, Kelowna and Victoria as part of Pro Bono Going Public – an annual legal service, awareness and fundraising campaign organ-ized by Access Pro Bono. Over the course of three days, 94 volunteer lawyers, supervised paralegals and law students provided free legal advice and assistance to 144 pre-booked and walk-up clients.

Clients were overwhelmingly appreciative of the opportunity to receive free legal advice at a time and place where they did not ne-cessarily expect it. Many of them expressed that the experience re-newed their faith in the kindness of lawyers and alleviated stresses and fears that had accumulated over months and years.

One lawyer named Andrew Pilliar took the “street legal” concept to another level by help-ing a new immigrant from Africa to resolve a potentially crippling contract dispute with her mobile telephone service provider. Real-izing that his client did not speak

English and would not be able to negotiate or advocate for herself, Mr. Pilliar accompanied his client to the company’s nearest retail location and negotiated a settle-ment with its accounts depart-ment within a few hours.

The event also succeeded in raising considerable public aware-ness concerning the widespread availability of Access Pro Bono’s legal advice clinics, the traditional

and substantial benevolence of B.C.’s pro bono lawyers, the growing access to justice crisis and the funding problems of the legal aid system. National news-papers, regional radio and local television media outlets covered the event and cast a bright light on the legal aid issue and lawyers’ considerable efforts to increase access to justice in B.C.

Last but certainly not least, par-ticipating lawyers raised $42,000 in support of Access Pro Bono’s direct pro bono services, surpass-ing last year’s total by several thousand dollars. That amount, coupled with $13,000 in corpor-ate sponsorships (including title sponsorship from the CBABC Branch), will signifi cantly help Ac-cess Pro Bono to continue the ex-pansion of its pro bono programs as it forges ahead into 2012. The top fundraising lawyers were Greg Heywood, Roy Millen and Meika Lalonde, while the top fundrais-ing law fi rms were Blake, Cassels & Graydon LLP, Pushor Mitchell LLP and Lawson Lundell LLP.

NEWS

Pro Bono Going Public 2011: An Occupation of Benevolence

L-R: Michelle Quigg (APB staff); Heidi Taylor (2011 Kelowna Bar

Association President); andAnnie Baric (APB staff).


news&eventsCourthouse Libraries BC’s Survey ResultsRonald Smith, QC, won the Kindle™, but thanks to all 85 Courthouse Libraries BC survey respondents for revealing that live webinars, and in-person formats rank best among lawyers. Juniors prefer group learn-ing; mid-year calls like online tutorials completed in their own time; sen-ior calls prefer lunch or after-offi ce learning sessions. The survey also revealed the rising popularity of CanLII for legal research, with lawyers more hungry for training in free tools than subscription-based ones.

Final CPD Credits for 2011Check www.courthouselibrary.ca/training for free CPD opportun-ities. Westlaw Wednesdays offer drop-in and webinar LawSource and CriminalSource training, and personalised sessions too. Soon, the Library will unveil a half-day program (covering Quicklaw, West-law, CanLII and more) where lawyers get CPD credit to amp up their research skills at no cost. Quesnel, Cranbrook and Courtenay lawyers will be fi rst to receive this training session between now and early 2012. For training info, email [email protected].

Guest BlogsNo longer “the refuge of compulsive exhibitionists,” blogs are joining conventional media as viable sources of legal information. The Library’s blog, The Stream, contains a growing number of guest posts from B.C. practitioners. Find out about joining your voice to The Stream; email [email protected].

COURTHOUSE LIBRARY BC NEWS

The CBABC Aboriginal Lawyers Forum (“ALF”) is poised for another big year. It’s the ALF’s second year as part of the CBABC and the third in existence. So far this year, we have published the Fall 2011 Forum Drum newsletter (available on the CBABC website) and planned the 2011-2012 events. On November 9, 2011, the ALF hosted its fi rst CPD Lunch and Learn with a presentation from Derek LaCroix, Executive Direc-tor, LAP. Be sure to get your tickets for the ALF Holiday Banquet on December 2, 2011 – with a special invitation to the lawyers of the Northwest Indian Bar Association of U.S.A. This event sold out last year, so get your tickets asap. To purchase tickets and/or sponsor a student please email Christina J. Cook at [email protected]. Back by popular demand is the ALF’s Speed Mentoring in February 2012. May 4-6, 2012 will be the ALF Spa and Golf Retreat. Finally, the ALF is pleased to partner with the Depart-ment of Justice and McDonald & Co. for the 5th Annual National Aboriginal Day Online Auction and Reception in June 2012. For more information, please email [email protected].

On September 22, 2011, the B.C. WLF started the season with the B.C. WLF Fall Launch and the highly successful Hot Tips from Hot Mentors event. Madam Justice Nicole Garson led the way, followed by practitioners Amy Davison, Nicole Byres, Joan Gordon, Nicole Garton-Jones, Melinda Voros and Janis McAfee sharing their experi-ences and advice for the benefi t of more than one hundred women lawyers who attended. These mentors offered “hot tips” on issues relevant to women lawyers, including how to: take control of your career, fi nd your niche and achieve success, and capitalize on your strengths and communicate effectively, particularly with intimidating people. Valuable advice was also imparted on the benefi ts of volun-teering, using technology effi ciently, and how to balance work with family and extracurricular activities. The insight and wisdom provid-ed by these mentors was both inspiring and motivating.

EVENT RECAP

The B.C. WLF Fall Launch and Hot Tips from Hot Mentors Event

Guests at the 2011/2012 Fall Launch and “Hot Tips from Hot Mentors” event.

NEWS

Aboriginal Lawyers Forum Update


LAW FOUNDATION OF BRITISH COLUMBIALAW FOUNDATION OF BRITISH COLUMBIA

announcements

2012 Projects Initiative

The Law Foundation has established a 2012 project initia-tive for one-time projects of up to $75,000.

WHO CAN APPLY? A non-profi t organization in British Columbia whose pro-posed time-limited project falls within one or more of the fi ve statutory mandated areas of the Law Foundation: legal aid, legal education, legal research, law reform, and law libraries.

AREAS OF ENCOURAGEMENT:The Law Foundation is particularly interested in receiving proposals that meet needs in the following areas: Aboriginal Legal Issues (for example: on reserve, residen-tial schools, child protection); Consumer and Debt Issues (for example: payday loans, bankruptcy and foreclosures); Elder Law (for example: dementia, Alzheimer’s, powers of attorney, trusteeships); Family Law (for example: Family Maintenance Enforce-ment and Variation, the new Family Law Act); Legal Needs of Remote Geographical Areas; Public Legal Education (for example: applications with a focus on people with literacy issues or on public confi -dence in the justice system); or Technology (for example: projects that utilize technology in the delivery of legal services and /or public legal education).

The Law Foundation will consider proposals in areas other than those listed above as long as they fall within the pro-gram objectives of the Law Foundation.

GRANT SIZE: The maximum amount available for each project is $75,000.

Note: If your project is for $15,000 or below, please apply under the Law Foundation’s Small Projects Initiative. For further information, including the deadline for Small Pro-ject applications, please contact the Law Foundation, see contact information below.

For more information about the application process, including deadlines, and obtaining the required forms, please visit the LFBC website, www.lawfoundationbc.org or contact the Law Foundation of B.C., 1340 – 605 Rob-son Street, Vancouver, B.C. V6B 5J3 / Tel. 604-688-2337 / Email [email protected].

Law Foundation of British Columbia Graduate Fellowships 2012/2013

VALUE: Up to fi ve (5) Awards of $13,750 each. (Subject to change)

CLOSING DATE: All applications and supporting material must be received at the Law Foundation offi ces by January 6, 2012. Late or incomplete applications will not be considered.

FIELD OF STUDY/ ELIGIBILITY: Full-time graduate studies in law or a law-related area. Please note that the pursuit of a Juris Doctor (JD), as a fi rst law degree, does not constitute graduate studies for the purposes of the Law Foundation Graduate Fellowships.

WHERE TENABLE: Recognized universities in Canada, the U.S. or abroad. NOTE: The Law Foundation Graduate Fellowship is not available for the graduate programs of the Faculties of Law at the University of British Columbia and the University of Victoria as the Law Foundation makes separate grants to the Graduate Fellowship programs at these universities.

APPLICATIONS: Please visit the LFBC website, www.lawfoundationbc.org or contact the Law Foundation of B.C., 1340 – 605 Robson Street, Vancouver, B.C. V6B 5J3 / Tel. 604-688-2337 / Email [email protected] for an application form or further information.


WEBSITE: CBA.ORG/PD EMAIL: [email protected]

professionaldevelopmentHave you completed your 12 hours of required CPD hours? The deadline to report CPD for the year 2011 is December 31, 2011. Our courses are designed to meet the needs of lawyers while still maintaining the oppor-tunity to network, advance one’s career, practice and business. CBABC prides itself in bringing courses to law-yers that will provide the required professional responsibility and ethics, client care and relations, and practice management component for 2011 Law Society reporting.

Below are some of our webinar recordings available for repeat viewing. Please note: In order to meet the requirements of Law Society of B.C., we offer webinar repeats for groups of two or more lawyers in one location.

Past Webinars

Introduction to Strategic Practice Management: Part One

Speaker: Michael Litchfi eld, Managing Director, Thinklab Consulting Inc.

Description: In part one of this multi-part webinar series, learn how the concepts of Strategic Management can benefi t your legal practice. An introduction to the basic concepts of Strategic Management will be delivered, followed by a discussion of the practical application of various strategic principles to the foundational issues of time management and client management.

The Winning Team: Paralegals and You

Speakers: Abigail Atherton, Stevens Virgin; Lisa A. Evenson, Harper Grey LLP; Shelly Ion, The Law Society of B.C.; and Mark V. C. Virgin, Stevens Virgin.

Moderator: Stuart Rennie, Legislation and Law Reform Offi cer, CBABC

Description: As a result of demands in the marketplace, lawyers are increasingly employing paralegals in their law practices. Learn how to be a winning team with your paralegal. Stay on side of the ethical rules for delegating tasks to paralegals. Our expert presenters will teach you how to increase profi ts, improve client service and keep your competitive edge in your law practice.

Is Social Media Right For My Practice and My Firm?

Speakers: Chris Bennett, Davis LLP; Chilwin Cheng, Legal Process Solutions; Nicole Garton-Jones, Heritage Law

Moderator: Doug Jasinski, Skunkworks Creative Group Inc.

Description: Discussion-oriented webinar, addressing the usefulness and implementation of social media for law fi rms. Areas covered will include implementing social media in variable contexts, value of specifi c media platforms, target audience and lawyer or fi rm objectives. One size does not fi t all: emphasis placed on the fact that not all forms of social media will meet the needs of every lawyer or fi rm.

EMAIL: [email protected]

memberservicesSeasonal promotions and special offers to members are promoted weekly via CBABC News and Jobs. Visit the CBABC website for links to various activities and promotions on the MEMBER SAVINGS page under MEMBERSHIP.

BCLMA/CBABC Support Staff Compensation Survey 2011 – The results are in and available for purchase. Stay competitive and know your market.

Looking for holiday ideas? Wrap it up for the holidays with special pricing of hotel accommodation; B.C. Ski Resorts; Lindt Chocolates; or even giving a copy of A Client’s Guide to Litigation to your clients.

For a complete list of webinar recordings and registration details and requirements, please contact Professional Development Department 604-646-7866 or 1-888-687-3404 ext. 329, or email [email protected].


EMAIL: [email protected]

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EVENT RECAP

CBABC UBC/UVic Mentoring Reception Scholarships

CBABC President Sharon Matthews presented the CBABC Entrance Scholarship of $4000 to Jamie Myrah of UVic (photo 1) and to Kayla Dobko of UBC (photo 2) for their achievements. John Waddell, QC presented the CBA Financial Services Law Student Achievement Award to Bruce Warnsby of UVic (photo 3). CBIA Board of Directors member and CBABC Provincial Council Representative Diana Dorey presented the CBA Financial Services Law Student Achievement Award to Noah Stewart of UBC (photo 4).

1 2 3 4


barmoves

Damon Chisholm has been appointed a partner at McMillan LLP’s Vancouver offi ce. He is a member of the fi rm’s Commercial Real Estate group. Damon’s practice focuses on all aspects of commercial real estate.

James Munrohas been appointed a partner at McMillan LLP’s Vancouver offi ce. He is a member of the fi rm’s Capital Markets and M&A group.

Jill Pereira has been appointed a partner at McMillan LLP’s Vancouver offi ce. She is a member of the fi rm’s Financial Services group. Her practice focuses on banking and secured lending transactions.

Ningyan (Sandy) Wang has been appointed a partner at Mc-Millan LLP’s Vancouver offi ce. She is a member of the fi rm’s China Practice group. Sandy’s practice focuses on cross-border mergers and acquisitions, Canadian listings, and securities.

Clark Robertsis welcomed back to Gowling Lafl eur Henderson LLP as partner and Chief Representative of the Gowlings International Inc. Beijing Representative Offi ce.

Andrei Mincov has started Mincov Law Corporation through which he provides outside-the-box legal solutions primarily in the fi eld of non-patent intellectual property.

Lisa Ridgedalehas founded Ridgedale Law Corporation, a boutique business litigation fi rm. Ridgedale Law provides services in securities, corporate, commercial, criminal and fi nancial services litigation.

Jennifer O’Leary has joined Alexander Holburn Beaudin & Lang LLP as an associate. Jennifer has joined the fi rm’s Insurance Practice.

Brian McKenzie has joined Alexander Holburn Beaudin & Lang LLP as an associate. Brian has joined the fi rm’s Corporate/Commercial Practice.

Helen Park has joined Ackah Business Immigration Law to continue her business immigration law practice and to lead the newly opened Vancouver location of the fi rm.

Who’s MovingWhere and When

newmembers

Associate MembersChristopher GrahamNorthstarVancouverJamshed Mistry Maharashtra

Regular MembersRyan AdkinThorsteinssons LLP VancouverAlisha BellVancouverKatya S. BuckFleming & Associates, Barristers & Solicitors Powell RiverJohn T. BurnsRace & Company LLP SquamishDavid Compton-HarveySynergy Business Lawyers VancouverMatthew J. FordEpp Cates OienKamloopsHeather M. GuinnCrown Counsel-RegionalNew WestminsterCarman D. KaneKamloopsBrent LichtyGuild Yule LLPVancouverJames MacdonnellKelownaBrian McKenzieAlexander Holburn Beaudin & Lang LLP VancouverTina ParbhakarMinistry of Attorney General-Civil Litigation Victoria

Nancy R. SmithPaterson Law Offi ce Vancouver

Articling StudentsRavneet AhujaSucha S Ollek Law CorporationVancouverScott AndersonLawson Lundell LLP VancouverNick AylingSangra Moller LLP VancouverMichael Bissonnette Mandell Pinder LLP VancouverJeremy BurgessFarris, Vaughan, Wills & Murphy LLPKelownaTodd R. FergusonCampbell Froh May & Rice LLPRichmondDavid GibbonsWest VancouverKatie HamiltonVancouverSean Patrick JonesMcCarthy Tétrault LLP VancouverRachel KellyJamal Law Group LangleyAllie KetchamMcMillan LLPVancouverImran KhanMaple RidgeKatrina LeungVancouverSophie Liang Fraser Milner Casgrain LLPVancouver

September & October 2011

SPACE IS AT A PREMIUM AND AVAILABLE ON A FIRST-COMEFIRST-SERVED BASIS SO SEND YOUR BAR MOVE (MAX. 30

WORDS) AND PHOTO TO [email protected] NOW.

FOR MORE BAR MOVES GO TO BARTALK ONLINE

Terence Whalen joins Fraser Milner Casgrain LLP as a consultant in its Financial Services group. Terry was senior in-house counsel to The Bank of Nova Scotia (Debt Prod-ucts) and most recently practised with Bull, Housser & Tupper LLP.

Ryan R. Chalmers joins Fraser Milner Casgrain LLP as an associate, practising in the Construc-tion/Infrastructure and P3 groups. Prior to joining FMC, Ryan was Legal Counsel to SNC-Lavalin.

Lisa McDonaldjoins Fraser Milner Casgrain LLP’s Construction and Infrastructure group as an associate. Lisa formerly prac-tised at the Department of Justice Canada. Prior to that, she articled and practised with Davis LLP.

Charles Hotel formerly Director and Senior Counsel, VANOC, has joined the Omni Group of Companies as General Counsel.

Mathew P. Goodjoins Hordo Bennett Mounteer LLP, practising class actions and commercial litigation. He previously clerked at the B.C.C.A. and the Supreme Court of Canada.

To view all new members, including Law Students, please visit www.cba.org/bc/bartalk_11_15/12_11/membership.aspx.


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