Law Society of Saskatchewan

Law Society of Saskatchewan

Annual Report

President’s Report 1

Executive Director’s Report 4

Deputy Director/Complaints Counsel Report 8

Committees and Other Reports

Admissions & Education 9

Discipline Executive 10

Ethics 12

Insurance 13

Professional Standards 14

Benchers and Professional Staff 15

2012 Committees 16

Law Society of Saskatchewan Financial Statements and Auditors’ Report

Saskatchewan Lawyers’ Insurance Association Inc. Financial Statements and Auditors’ Report

For the year ended December 31st, 2012

President’s Report

Annual Report 2012 1

It is an honour to present the 2012

Annual Report of the Law Society of

Saskatchewan. I wish to thank our

2012 President, Gregory Walen,

Q.C., for his exemplary service as a

Bencher and during his presidency

year.

The Law Society was governed in

2012 by 23 Benchers including 18

elected Benchers, the Dean of the

College of Law at the University of

Saskatchewan and 4 public

representative Benchers appointed by

the Minister of Justice. All

contributed significantly to the Law

Society’s mandate to protect the

public interest and continue with self-

governance of the profession.

2012 was an election year for the

Law Society and for the first time,

the election was conducted by way of

online voting. We were pleased to

welcome several new Benchers to the

table:

David Rusnak (East Central)

Ronald Parchomchuk (Prince

Albert)

David Chow (Central)

Brenda Hildebrandt, Q.C.

(South East)

Bruce Bauer, Q.C. (Saskatoon)

Perry Erhardt, Q.C. (Regina)

Ronni Nordal (Regina)

Patrick Reis, Q.C. (Regina)

Jay Watson (Saskatoon)

Sean Sinclair (New Lawyer –

Saskatoon)

I must also extend our sincere thanks

to the group of experienced Benchers

that completed their terms at the end

of 2012. Their contributions and

hard work were much appreciated

and will be missed:

Loreley Berra (Regina)

Thomas Campbell (East

Central)

Eileen Libby, Q.C. (Regina)

Paul Korpan, Q.C. (Regina)

Stephen Orlowski (South East)

Peter Hryhorchuk (Prince

Albert)

George Patterson, Q.C.

(Central)

Evert Van Olst (Saskatoon)

Gregory Walen, Q.C.

(Saskatoon)

Last, but certainly not least, the

Benchers would be unable to perform

their statutory duty to protect the

public interest without a capable and

dedicated administrative staff. I

commend Executive Director, Tom

Schonhoffer, Q.C. and his

professional and administrative staff

for a job well done.

Another notable event in 2012 was

the reception hosted by the past

Presidents of the Law Society of

Saskatchewan, as the opening event

for the College of Law’s Centennial

Gala weekend held October 5-7,

2012. In addition to the current and

incoming Law Society Presidents,

there were 30 past Presidents in

attendance ranging in dates from

David Eldon (Tom) Gauley, Q.C.

(1966) to Paul Korpan, Q.C. (2011).

This report will include reports of the

standing committees, which will

detail the highlights of the work done

by each committee in 2012. These

standing committees perform

substantial work in the Law Society’s

core areas of admissions, discipline,

ethics and professional standards.

Much of the policy development and

direction of the Law Society is

formulated at the committee level.

Some brief highlights follow.

ADMISSIONS

The Law Society has seen the effect

of a strong economy in Saskatchewan

in 2012. There were 86 admissions

of new lawyers in the province, 62 of

which were students-at-law and 24

which were transfers from out of

province.

The Admissions & Education

Committee continues to be one of the

busiest standing committees of the

Benchers. In 2012, it dealt with

numerous rule waiver applications,

primarily from foreign trained

lawyers who are seeking admission

as students-at-law, but who do not

have their certificate from the

National Committee on Accreditation

in time to commence the CPLED

program.

A hearing was also held for a

student-at-law who was suspended

from the CPLED program as a result

of plagiarism.

In 2012, the Federation approved a new competency profile with a view to establishing national standards for admission to the profession .… By: Heather Laing, Q.C.


2 Annual Report 2012

EDUCATION

The first rolling three-year term of

the Continuing Professional

Development Program concluded on

December 31, 2012. The program

required all lawyers in the province

to complete 36 hours of

programming, including six hours of

ethics, professional responsibility or

practice management issues. At year

end, only 33 members had not

reported the required hours.

Ultimately, five members were

administratively suspended for a

short period of time, but they were

subsequently reinstated and one

retired from practice.

In addition, the new Code of

Professional Conduct came into

effect on July 1, 2012. Given the

importance to the profession, the

Benchers determined that all

members of the Law Society must

attend a mandatory Code of Conduct

training course which was provided

to members free of charge by the

Law Society. I wish to thank Brent

Cotter, Q.C. who instructed the

courses throughout the province and

shared his expertise in professional

responsibility to educate the

membership. The Law Society was

very pleased with the positive

response from the membership and

the high rate of compliance that was

observed.

DISCIPLINE

The effect of the 2010 amendments

to The Legal Profession Act

continued in 2012 as discipline

matters that originated before July 1,

2010 continued under the old system

of hearings and sentencings by the

Benchers as a whole. There was one

matter in 2012 where sentence was

determined by the Discipline

Committee as a whole (the Benchers)

which resulted in a suspension.

Other matters proceeded under the

new system whereby hearings and

sentencings are conducted by the

Hearing Committee.

ETHICS

The Ethics Committee has two

primary functions. The first is to

consider ethical issues raised either

through complaints or at the request

of individual members and to provide

rulings for the guidance of the legal

profession. The other primary role is

to review and make

recommendations for amendments to

the Code of Professional Conduct.

As noted earlier, the new Code was

approved by the Benchers in

February 2012 to take effect on July

1, 2012. With the assistance of Law

Society staff, the Ethics Committee

was primarily responsible for the

detailed analysis of the Federation’s

Model Code, and to recommend a

final version for approval by the

Benchers.

PROFESSIONAL STANDARDS

The Professional Standards

Committee is tasked with proactively

assisting members with practice

management assistance, as a means

of fulfilling the Law Society’s

mandate to protect the public by

ensuring the competence of its

members. The Practice Advisor

program is made available to new

and sole practitioners to assist them

in establishing office systems and

strategies at no cost to the members.

The committee also deals with

complaints that are competence

related in nature.

The committee is supported in its

work by Practice Advisors Victor

Dietz, Q.C., Brent Gough, Q.C. and

Jeff Scott and I thank them for their

invaluable work and insight.

GOVERNMENT RELATIONS

The Law Society Executive was

pleased to meet with the new

Minister of Justice, Gordon Wyant,

Q.C. and his senior staff in August

2012, to continue the tradition of

dialogue and consideration of mutual

areas of interest and concern. We

extend our appreciation to the

Ministry for the good relationship we

continue to maintain.

FEDERATION OF LAW SOCIETIES

The Federation of Law Societies is

an umbrella organization of all 14

Law Societies in Canada. 2012 was

a change-over year for the

Saskatchewan representative to the

Federation Council. Graeme

Mitchell, Q.C. completed his six-year

term as Saskatchewan’s Federation

Council representative. We wish to

thank him for his time and

commitment to the Federation and

the Law Society and for his role in

both regards.

At the November 2012 Convocation,

the Benchers elected Gregory Walen,

Q.C. to serve as Saskatchewan’s

Federation Council representative for

a two-year term commencing January

1, 2013. Given the importance of the

work of the Federation on national

issues and relevance to the Law

Society, the Federation Council

representative reports to the Benchers

and attends each Convocation to

ensure a close connection between

the two organizations.

In 2012, the Federation approved a

new competency profile with a view

to establishing national standards for

admission to the profession. The

next phase will be implementation; a

process that will continue into 2013.

FINANCE

The Executive Committee operates

as Finance Committee for the Law

Society. As in previous years, the

Law Society continues to maintain a

solid financial basis and maintains

some of the lowest fees for

membership and insurance of Law

Societies across Canada. Special

thanks must be made to Executive

Director, Tom Schonhoffer, Q.C. and

Office Administrator, Ruth

Armstrong, who celebrated 35 years

of service with the Law Society in

2012.



LIBRARY

2012 saw a number of changes for

the Law Society in relation to

libraries.

Firstly, the position of Director of

Legal Resources was created, which

encompasses and expands upon the

previous role of Director of Libraries.

The Director of Legal Resources is

Melanie Hodges Neufeld. In

addition to being responsible for the

administration of the traditional

library, the Director will be

responsible for developing and

recommending a strategic plan for

the management of legal information

within the Law Society and the

province. Her duties also encompass

oversight of provision of online

information services to the

membership, education of members

and legal research, publication of

legal information and website

maintenance.

We also must recognize two

significant retirements from the Law

Society Library. Peta Bates retired as

Librarian from the Saskatoon Library

after 33 years of service. Maxine

Seeley also retired at the end of 2012

after 26 years of service as a

Research Librarian in Regina.

CONCLUSION

In closing, the Law Society could not

do the work it does without the

countless hours provided by

members of the Society who

volunteered their time and expertise

to business throughout the year.

These contributions enable the Law

Society to function as an effective

regulator and I thank each and every

member for your willingness to

assist.

Executive Director’s Report


Mention of the Law Society usually

provokes the same response as a trip

to the dentist. In reality, like dentists,

the Law Society tries to focus more

on prevention than extraction. We

are trying to improve the brand.

Let’s start at the beginning with

fledgling lawyers. Law Societies

across the country have adopted

standards for the National Common

Law Degree. For many years, Law

Societies did not consider the

minimum qualifications necessary to

be admitted as a student-at-law. The

Law Society now specifies the types

of substantive law and skills that are

required of a student graduating from

a College of Law.

Although it is a work still in

progress, the next step is to define the

entry level requirements of a lawyer;

the qualifications to earn a change in

status from a student-at-law to a

lawyer. The Federation of Law

Societies has conducted an extensive

survey of lawyers across Canada and

engaged professional consultants to

design entry level qualifications. It is

also of interest to note that the Law

Society of Upper Canada has

approved a practical legal training

course as a substitute for Articling.

You may see more change in pre-call

legal education over the next 5 years

than we have seen in the last 50

years.

After a call to the Bar, Law Societies

are putting more emphasis on

continuing professional development

and prescribing minimum yearly

credits. Part of the focus is on Ethics

hours because it is easy to

unintentionally stray out of the

ethical zone. I deal with the Code of

Conduct on a daily basis and never

cease to be amazed at all the new

information I find in it. It reveals

itself very slowly and is a constant

work-in-progress for me.

We have had a Practice Advisor

program since 2005. When

competency appears to be the issue, it

is the first response. The intention is

to assist the lawyer in organizing all

the people, paper and problems that

pass through their organization on a

daily basis. The Practice Advisor

also offers advice to anyone starting

a new solo practice.

Our libraries continue to evolve and

to provide the latest in legal

information. Aside from books on

shelves, our publication of the

Annotated Court of Queen’s Bench

Rules and regular distribution of

Saskatchewan cases by email keep

practitioners up-to-date.

The Law Society continues to

support a lawyers’ assistance

program, acknowledging that many

personal problems eventually lead to

professional problems.

Finally, the staff at the Law Society

is always available for consultation.

We provide many informal opinions

on a regular basis.

Prevention is the message. Help by

brushing up on your practice skills,

avoid quantities of red wine and

other substances that stain, and avoid

contact sports with other lawyers and

clients.

Prevention is the message .… By: Tom Schonhoffer, Q.C.



Membership Statistics as of January 3, 2013

STATUS Male Female TOTAL Active Practicing Members residing IN and OUT of Saskatchewan 1092 598 1690

Active Practicing Members residing IN Saskatchewan 1016 573 1589

Regina Practicing Lawyers 372 210 582

Saskatoon Practicing Lawyers 385 253 638

Saskatchewan Practicing Lawyers Outside of Regina and Saskatoon

259 110 369

Inactive Members IN and OUT of Saskatchewan 281 204 485

Inactive Members IN Saskatchewan 101 100 201

CHANGES IN STATUS SINCE JANUARY 1, 2012: Male Female TOTAL New Enrolled Lawyers (admitted from student-at-law status) 33 29 62

Transfer Lawyers 15 9 24

Deaths 8 0 8

Judges Appointed 6 2 8

Allocation of Practitioners in Saskatchewan

By Type of Practice

Type of Practice Number of Practitioners (not including students-at-law)

Courts 3

Federal Government 42

Federal Prosecution 17

In-House Corporate Counsel 122

Legal Aid 84

Private Practice 1026

Provincial Crown Corporation 52

Provincial Government 102

Provincial Prosecution 114

University 15

Unclassified in Alinity 12

TOTAL: 1589



Law Firms in Saskatchewan by Number of Practitioners

Number of Practitioners Per Firm (Private Practice Only)

Number of Firms Number of Practitioners (including students-at-law)

1 198 198

2 53 106

3 21 63

4 16 64

5 9 45

6 3 18

7 4 28

8 8 64

9 2 18

10 1 10

15 2 30

16 2 32

19 2 38

22 1 22

25 1 25

28 1 28

29 1 29

34 1 34

60 1 60

82 1 82

87 1 87

TOTAL: 329 1081

NOTE: These numbers include students-at-law who are working in private firms, which accounts for the discrepancy between the

total number of private practitioners in this table (1081) and the total number of private practitioners in the “Type of Practice”

Table (1026).

Practicing Lawyers in Saskatchewan by Age (not including students-at-law)

The age of practitioners in the province is of interest and shows a bulge in the age groups from 41 to 60.

52% of practitioners fall within this range.

Between Ages: 24 to 30 31 to 40 41 to 50 51 to 60 60 & Up TOTALS:

Male 69 194 183 367 203 1016

Female 85 182 162 116 28 573

TOTAL: 154 376 345 483 231 1589

The statistics were prepared from the Law Society database and represent a reasonable representation of the demographics.

Statisticians should be cautioned that the final numbers are not always in agreement.



JUDICIAL APPOINTMENTS

Inez Joan Cardinal, Q.C. (March, 2012)

Provincial Court of Saskatchewan

Brian Alan Barrington-Foote, Q.C. (April, 2012)

Court of Queen’s Bench for Saskatchewan

Darin Clayton Chow, Q.C. (May, 2012)


Neil Francis Turcotte (June, 2012)


Robert Joseph Lane, Q.C. (September, 2012)


Lana Leslie Krogan-Stevely (October, 2012)


William Ross Campbell (October, 2012)


Paul Anthony Demong (December 14, 2012)


OBITUARIES

The Hon. Grant H.M. Armstrong (January, 2012)

J.H. Clyne Harradence, Q.C. (March, 2012)

The Hon. William Roy Matheson (March, 2012)

Robert Lorne Pierce, Q.C. (March, 2012)

Michael Barry Ryan, Q.C. (July, 2012)

Brian Gregory Selinger (September, 2012)

Brian Arthur Chatwin (November, 2012)

Joseph William Kanuka, Q.C. (October, 2012)

Deputy Director/Complaints Counsel Report


I am pleased to report on matters of

professional regulation for 2012. As

Deputy Director, I assist Tom

Schonhoffer, Q.C. in his role as

Executive Director. I also continue

in my role as Complaints Counsel,

overseeing all areas of professional

regulation. During the year, I

worked on policy and other issues

including a pilot project to implement

National Standards for Law Society

Complaints and Discipline processes

and a National Discipline

Administrator’s Steering Committee.

For the first time, Saskatchewan

hosted the National Discipline

Administrator’s Conference in

October 2012 and received rave

reviews for the speakers, the content

and the various fine amenities in

Regina.

There were 722 complaints received

in 2012, as opposed to 728 in 2011.

Of the total number of complaints

received, 224 actual complaint

investigation files were opened in

2012 as compared to 234 in 2011.

The balance were reviewed and

dismissed as non-jurisdictional,

without merit or resolved via

telephone conciliation. The highest

number of complaints questioned

quality of service on the part of the

member, fees and lack of

communication provided by a

member. Complaints in the areas of

family law, real estate and civil

litigation continue to bring the

highest number of complaints.

Jody Martin and Jennifer Houser,

Complaints Counsel, were joined by

Melinda Daradics, Complaints Intake

in 2012. Melinda is a former 911

operator and calmly handled many

initial calls from complainants in

2012. Jody and Jennifer have

investigated files which were

ultimately referred to Professional

Standards, Ethics or Discipline for

further action. Jennifer went on

maternity leave in 2012 and Valerie

Payne has capably covered Jennifer’s

position as Complaints Counsel since

late 2012. Administrative support by

Deanna Holt and Pam Slessor-Hay

has assisted us in our day-to-day

work and in attempting to meet new

national standards for processing

complaints.

Tim Huber, Counsel, has dealt with

many hearings for both the Discipline

and Education & Admissions

Committees, appeals to all levels of

Court, unauthorized practice

prosecutions and obtaining and

discharging trusteeship orders.

The Law Society is also pleased with

the work done on the Professional

Standards Committee Practice

Management Advisor Project. This

is a very proactive and positive

program which provides “hands on”

assistance to members. The other

positive is that this work also

prevents further complaints and

dissatisfaction on the part of clients

as well as claims/loss prevention,

which is of benefit to SLIA (which

also supports this program). The

Benchers have expanded this

proactive area to include the new

“Practice Review Program” to assist

members and protect the public.

New solo or small firm practitioners

automatically receive a mentoring

visit from a Practice Advisor, which

has been received with appreciation

from many members. The Practice

Advisors have been popular speakers

on issues of practice management.

They have also contributed articles to

the Benchers’ Digest on issues of

practice management and pitfalls to

avoid. The Practice Advisors

contracted by the Law Society are

Brent Gough, Q.C., Jeff Scott and

Victor Dietz, Q.C.

Amendments to The Legal

Profession Act, 1990, which came

into force on July 1, 2010, have been

in place and streamlining of the

complaints and discipline process has

been moving forward.

Our professional regulation team

continues to cultivate awareness

among members on issues of concern

and has spoken at various CBA and

local Bar meetings, as well as the

Law School and CPLED Bar Course.

In 2012, we participated in various

CPD “webinars” on Ethical issues for

Continuing Professional

Development credits. We take

approximately 185 calls annually

from members seeking “informal

ethics opinions” and welcome the

opportunity to assist in a proactive

way.

I thank our staff for their teamwork

and the Benchers for their work and

their support. I thank the

membership for their cooperation and

assistance in dealing with complaints.

I invite members to contact us if they

are involved in a complaint matter or

if they have questions about a

conduct or ethical issue or the

complaints process.

Professional Regulation …. By: Donna Sigmeth, Q.C.

Admissions & Education Committee Report


With virtually unfettered movement of lawyers within Canada, it is crucial for lawyers to have a core set of knowledge and skills …. By: Dr. Greg Stevens

An effective and efficient Admissions

& Education Committee (A & E) is

necessary for the Law Society of

Saskatchewan to fulfill its mandate of

governing the legal profession in the

public interest. This mandate is not

antithetical to the interests of the

profession. Requiring a high standard

of knowledge, skill, and ethics in those

who practise law in Saskatchewan

helps protect the trust and confidence

the public must have in lawyers.

Public confidence is necessary if the

profession is to continue the privilege

and independence offered by self-

regulation.

In attempting to ensure those who

practise law in Saskatchewan are

qualified to do so, the A & E

Committee regulates admission

standards, education and competency

requirements, and develops policy that

is alive to issues and changes in the

profession – locally, nationally, and

globally. To that end, a sampling of

A & E Committee work during 2012

included:

ADMISSIONS

Reviewing numerous requests for

entry as a lawyer or student-at-law.

Typically, this involved considering

applications for Rule waivers from

those who received their legal

education outside of Canada and/or

who have experience practising law

outside of Canada;

Considering an individual’s

application for standing as a

Foreign Legal Consultant;

Holding a hearing related to a

student being found guilty of

plagiarism during the Bar

Admissions Program (CPLED);

and

Determining several reinstatement

applications.

EDUCATION

Considering whether the first three

years of the continuing professional

development (CPD) initiative met

its goals and if any aspect of the

program should be modified.

Overall, the program was a success,

with virtually all members meeting

or exceeding their continuing

education requirements. While it is

likely that elements of the program

will be modified in the future, the

program was well received and will

continue with a “rolling term”

format;

Requiring and implementing free

mandatory training on the new

Code of Professional Conduct;

Approving a variety of Rule

changes relating to articling

requirements and revisions to the

CPLED Handbook; and

Giving direction for the

development and/or refinement of

various forms, regulations, and

procedures designed to improve the

articling experience for students,

principals and law firms.

THE FUTURE The implementation of mobility and

trade agreements has had a significant

impact on the regulation of lawyers.

With virtually unfettered movement of

lawyers within Canada, it is crucial for

lawyers to have a core set of

knowledge and skills. Canadian legal

jurisdictions must have a common high

standard of entry that is assessed and

evaluated in a similar manner. As

such, the committee was active in

reviewing, developing, and providing

commentary on initiatives and

documents as diverse as:

The Federation of Law Societies of

Canada’s National Admission

Standards Project. The goal of this

initiative was to develop a

competency profile – essentially a

comprehensive minimum skill set –

required of all lawyers licensed in

Canada; and

The Law Society of Upper

Canada’s (LSUC) Articling

Taskforce report. For “Ontario

specific” reasons, LSUC reviewed

their post-degree practical legal

training process and requirements

(articles). They now allow students

to apply for registration following

the successful completion of

conventional articles or a “practical

legal training course.”

It was my privilege and honour,

particularly as an appointed Bencher, to

be entrusted by President Walen to

Chair the A & E Committee. Any

influence or success the committee

might have had is due to the significant

time and effort offered by fellow

committee members:

Darcia Schirr, Q.C. (Vice-Chair);

Dr. Sanjeev Anand, Q.C.;

Thomas Campbell;

Laura Lacoursiere; and

Michael Megaw, Q.C.

The vast majority of operational work

and initial policy and procedure

changes with which the committee

dealt were deftly handled by Andrea

Johnston, Director of Admissions &

Education and Samuel Bergerman,

Director of Bar Admissions, with the

ongoing support of Policy Counsel,

Barbra Bailey. Their efforts, and that

of other LSS staff, were greatly

appreciated.

The A & E Committee is also grateful

to those who volunteered their time on

the CPD Planning Committee,

including Richard Gibbons, Brian

Hendrickson, Q.C., Lynn Hnatick,

Erin Kleisinger, Jeff Scott and

Evert Van Olst.

Discipline Executive Committee Report


As was the case with 2011, 2012 was

again a year of transition. The 2010

amendments to The Legal Profession

Act allow a Hearing Committee to

impose penalties in discipline

matters. Prior to these amendments

coming into force, the old regime

required penalties to be imposed by

the Discipline Committee, comprised

of all Benchers. Discipline matters

commenced prior to the amendments

are governed by the old legislation.

Consequently in 2012, a few matters

that were initiated prior to the

amendments, required that penalties

be assessed by all of the Benchers.

Moreover, it is anticipated that there

will be a small number of matters

that will be dealt with by all the

Benchers in 2013 as well.

While the Discipline Committee is

comprised of all of the Benchers, and

usually only convenes to deal with

sentencing under the old regime,

much of the discipline-related policy

work is conducted by the Discipline

Executive Committee. As always, the

members of the Discipline Executive

Committee brought a wealth of

diverse experience to bear on the

work of the committee. For 2012,

the Discipline Executive Committee

consisted of the following

individuals: Dr. Sanjeev Anand,

Q.C. (Chair), Paul Korpan, Q.C.,

Tom Healey, Peter Hryhorchuk,

Lorne Mysko and Darcia Schirr, Q.C.

President Greg Walen, Q.C. and

Vice-President Heather Laing, Q.C.

were ex officio members of the

committee.

The following is a statistical

summary of various discipline

matters dealt with in 2012:

a) 28 referrals to Discipline

Executive Committee (regarding

24 members);

b) 26 referrals to Discipline

Investigation Committee

(regarding 21 members);

c) 1 hearing and preliminary

motions;

d) 2 hearings and sentencings before

Benchers;

e) 3 hearings and sentencings before

Hearing Committee – New Act;

f) 1 sentencing hearing before

Benchers (hearing held in 2011);

g) 1 resignation in the face of

discipline equivalent to

disbarment;

h) 2 Conduct Review Appointments;

i) 1 Trusteeship;

j) 2 Special Fund payments;

k) 1 Application for Leave to

Appeal to the Supreme Court of

Canada.

(Please note that discipline matters

may have arisen from complaints

which came in years prior and the

statistics are not all related to the

same complaint files opened in

2012.)

In April of 2012, the Law Society

began participating in a pilot project

with respect to national discipline

standards. The project is facilitated

by the Federation of Law Societies of

Canada and identifies 24 standards

regarding timeliness, public

participation, openness, accessibility

and quality in professional discipline

proceedings. The pilot phase will

last for two years, during which the

participating Law Societies will

establish realistic standards to aspire

to attain. As a part of the process, the

Law Society has been identifying

ways to improve the efficiency of

both the processes it uses to carry out

its regulatory functions, as well as

ways to measure that efficiency.

This year, the Discipline Executive

Committee requested that the

Benchers approve a number of

legislative amendment

recommendations to the provincial

government pertaining to The Legal

Profession Act. For example, the Act

uses language based on the criminal

law context. Legislative language

governing professional discipline in

the context of administrative

proceedings should eschew such

terminology in favor of more

appropriate terms and phrases. For

example, upon the advice of the

Discipline Executive Committee, the

Benchers have asked the government

to consider changing terms and

phrases in the Act such as “guilt,”

“sentence,” “charge” and “formal

complaint” to terms and phrases like

“finding of conduct unbecoming,”

“penalty”, “allegation of conduct

unbecoming,” and “citation”

respectively.

The Law Society of Saskatchewan is

largely a volunteer organization and,

given the small number of Benchers,

problems sometimes arise pertaining

to delays in scheduling hearings and

concerning Bencher workload. Many

of these problems could be

ameliorated if there was a larger pool

to populate investigation committees

and hearing committees. As a result,

The Law Society has a responsibility to hold open and transparent discipline proceedings in order to fulfill its mandate of protecting the public interest and, as part of that responsibility, it publishes its discipline decisions …. By: Dr. Sanjeev Anand, Q.C.

Discipline Executive Committee Report


the Discipline Executive Committee

recommended that the Act be

amended to allow members of the

Society who are not Benchers as well

as members of the public-at-large to

sit on hearing committee panels. The

Benchers have approved this

legislative amendment

recommendation to the provincial

government.

The Discipline Executive Committee

has examined ambiguities that

currently exist in a number of

legislative provisions governing the

conduct of the Discipline Committee.


has initiated discussion and debate

pertaining to these matters with the

rest of the Benchers. The hope is to

engage in a dialogue with the

provincial government on how best

to resolve the current legislative

ambiguities in a manner that is

consistent with the principles of

natural justice.

In 2012, the committee also reviewed

Law Society Rules 302 and 309. An

examination of these Rules revealed

that both Complaints Counsel and the

Conduct Investigation Committee

have the power to dismiss

complaints. However, the criteria to

be considered in doing so are not the

same. Consequently, the committee

proposed an amendment to Rule 302

to ensure that the grounds for

dismissal enumerated in it were

identical to those listed in Rule 309

(please note that the grounds for

dismissal enumerated in Rule 302(2)

were much narrower than those in

Rule 309(9)). A motion to adopt the

proposed amendments to Rule 302

was ultimately passed by the

Benchers.

During September Convocation, the

Discipline Executive Committee was

particularly active. It approved the

creation of a database for anonymous

Conduct Review summaries that will

be created for the Law Society

website. In addition, the committee

approved amendments to Rules 405,

430 and 431 in order to clarify that a

matter only becomes public at the

stage of appointment of a Hearing

Committee and service of the formal

complaint. A motion adopting these

amendments was passed by the

Benchers.


approved further Rule amendments

relating to transparency during

December Convocation. The Law

Society has a responsibility to hold

open and transparent discipline

proceedings in order to fulfill its

mandate of protecting the public

interest and, as part of that

responsibility, it publishes its

discipline decisions. In recent years,

the Supreme Court of Canada has

established the “open-court

principle,” which provides for a

presumption of openness at all stages

of proceedings. Generally, the Law

Society Rules promote the

presumption that hearings are open to

the public unless the Hearing

Committee orders otherwise, either

on the grounds of solicitor/client

privilege or on “compassionate”

grounds for particularly personal

information. However, the

Discipline Executive Committee

identified some gaps in the Rules that

could be interpreted as being

prohibitive and inconsistent with this

principle and other recent

developments in the courts. The

Discipline Executive Committee

recommended amending Rules 491

and 495 to clarify that the identity of

the member may be published,

whether or not there has been a

finding of conduct unbecoming, and

that all hearings will be open to the

public unless the Rules or The Legal

Profession Act, 1990 state otherwise.

Amendments were also made which

allow the publication of decisions at

various stages of the proceeding (i.e.,

finding of conduct unbecoming,

penalty).

Finally, the Discipline Executive

Committee dealt with the matter of

reciprocal disclosure in disciplinary

proceedings. The committee

approved an amendment to Rule 432

to require full and complete

disclosure to be made by both parties

in a disciplinary hearing and the

Benchers passed a motion approving

the amendment. Although the

committee received a legal opinion

indicating that this change is

procedural and not substantive in

nature, therefore the policy can apply

to matters already in the system, the

decision was made that the policy

will only apply to new matters.

As the foregoing reveals, 2012 was a

busy year for the committee.

However, the many accomplishments

of the committee would not have

been possible without considerable

assistance provided by the

professional staff of the Law Society.

Their diligence, insight and hard

work are very much appreciated.

Ethics Committee Report


The Benchers of the Law Society are

charged with the responsibility of

reviewing ethical matters through the

Ethics Committee as established

pursuant to The Legal Profession Act,

1990. The Ethics Committee

receives matters for consideration

from Law Society personnel, the

Professional Standards Committee

and the Conduct Investigation

Committee. The Ethics Committee

will also review matters from

members asking for assistance with

ethical dilemmas, referred to the

committee as a “Request for Ruling.”

As a result, matters may come to the

Ethics Committee for initial

consideration or may arrive after

having been reviewed by other

committees with a view to obtaining

the Ethics Committee’s response.

The Ethics Committee meets prior to

Convocation of the Benchers and

considers those items referred to it

and placed on its agenda. The 2012

Ethics Committee consisted of

Michael Megaw, Q.C., Miguel

Martinez, Loreley Berra, Eileen

Libby, Q.C., Lorraine St. Cyr, Dr.

Greg Stevens, Evert Van Olst and

non-Bencher members, Donna

Sigmeth, Q.C., Jody Martin, Jennifer

Houser and Valerie Payne. I was

honoured to act as the Chairperson in

2012 for this committee.

The purpose of the Ethics Committee

rulings is to generally assist the

profession in carrying out its ethical

responsibilities. A database has been

developed by Law Society personnel

to record the Ethics Committee’s

determinations and to provide a

searchable database for the

profession to review those decisions.

In addition to its responsibility with

respect to individual matters, the

Ethics Committee is also charged

with the responsibility of maintaining

the Code of Professional Conduct. In

2012, the Ethics Committee spent

considerable time on the

development of a new Code of

Professional Conduct. 2012 also saw

the introduction of the new Model

Code of Professional Conduct.

The Model Code was endorsed by the

Benchers of the Law Society and

through the auspices of the Ethics

Committee, a series of education

seminars were completed by Mr.

Brent Cotter, Q.C., former Dean of

the College of Law, University of

Saskatchewan. Those seminars took

place throughout the province and

were required attendance for

members to allow them to become

familiar with the new provisions of

the Model Code. The seminars were

generally very well received and

were seen by the membership as a

good resource.

In addition to its work on the Model

Code, the Ethics Committee

reviewed a total of 14 matters during

2012. One of those matters was a

request for ruling received from a

member and 13 were complaints

matters referred by Law Society

Complaints Counsel.

The committee, together with the

very able assistance of Law Society

personnel, was able to deal with all

the issues referred to it and was able

to prepare written decisions on the

ethical considerations debated during

the Ethics Committee meetings.

I wish to thank the members of the

committee for their dedicated work in

reviewing material, which can

sometimes be volumes, for

considered debate on ethical matters

brought before the Ethics Committee.

The work load of the Ethics

Committee tends to be considerable.

It was a pleasure to work with

Benchers who are committed and

prepared and provide considered

input and judgment to assist in the

resolution of the matter before the

committee.

I also take this opportunity to thank

the Law Society personnel who assist

in preparing the materials for the

Ethics Committee and in providing

memorandums which summarize and

collate the material for the review of

committee members. Law Society

personnel are unfailing in the

generosity of their time and

assistance and really allow the Ethics

Committee to operate in the fashion

which is of greatest assistance to the

profession.

… the Ethics Committee spent considerable time on the development of a new Code of Professional Conduct …. By: Michael Megaw, Q.C.

Insurance Committee Report


As past-Chair of the Law Society’s

Insurance Committee, I am pleased

to provide my report to you.

By now you will have received

notice of your 2013 - 2014 errors and

omissions insurance assessment and

you will have noted that although the

assessment increased from the

previous year, the Saskatchewan levy

continues to be one of the lowest in

Canada.

In April 2013, the Benchers approved

an increase in the levy to $1,560.

The increase is 52 percent more than

last year, but 30 percent less than the

base levy recommended by SLIA’s

actuary because we once again were

able to subsidize the levy by using

our surplus.

Attached are the financial statements

for the fiscal year ending June 30,

2012. The unfortunate timing of

issuing the Law Society Annual

Report in early June and a SLIA year

end of June 30th

make it such that the

audited financial statements are

almost one year out of date by the

time we report to you.

The June 30, 2012 financial

statements show that we enjoy a

strong surplus of $9,750,573.

Although it is less than the surplus of

12 months earlier, it exceeds the

minimum surplus recommended by

our actuary.

We expect the surplus to decrease

over time (to the level recommended

by our actuary) as the insurance levy

subsidy reduces it and because there

recently has been an increase in

claims activity and costs. Reasons

for the increase are difficult to

empirically identify, but the buoyant

Saskatchewan economy, inflated real

estate prices and increasing legal

costs are all likely contributors.

We are fortunate to have had stable,

affordable insurance coverage for the

past 25 years through a reciprocal

insurance company called Canadian

Lawyers Insurance Association

(CLIA). Our own insurance

company, Saskatchewan Lawyers’

Insurance Association Inc., along

with 9 other provinces and territories,

is a subscriber to this reciprocal.

Unlike commercial insurers, the

broad coverage provided by CLIA is

balanced to protect both risk to the

members’ financial security and to

indemnify members of the public

who have suffered a loss.

I want to take this opportunity to

thank the members of the 2012

Insurance Committee and SLIA’s

staff for their work during the past

year:

Benchers Joel Hesje, Q.C. and

Stephen Orlowski. Joining them was

Michael Milani, Q.C. (CLIA Chair)

and Patrick Kelly, Q.C. (past CLIA

board member).

The committee is responsible for

oversight of SLIA management,

including Stephen McLellan,

Insurance Director, and Tim Brown,

Counsel.

Your Errors & Omissions Insurance .… By: Miguel Martinez

Professional Standards Committee Report


Committee Members:

Joel Hesje, Q.C., Chair

Thomas Healey, Vice-Chair

Robert Heinrichs, Vice-Chair

Miguel Martinez, Vice-Chair

Lorne Mysko, Vice-Chair

Stephen Orlowski, Vice-Chair

George Patterson, Q.C., Vice-Chair

Lorraine St. Cyr, Vice-Chair

The Law Society has a statutory duty

to protect the public, amongst other

things, by assuring the competence of

its members. The Professional

Standards Committee deals with

issues of competency in two ways.

The committee deals with specific

situations where the competency of a

lawyer has been called into question,

usually through the complaints

process. The committee also

provides resources to members on

matters that may impact competence.

In 2012, ten to fifteen percent (10 -

15%) of complaint files referred to

the committees were diverted to the

Professional Standards Committee.

The majority of complaints referred

to the committee related to delay,

failure to respond, lack of

communication and quality of legal

services provided. In many cases,

the competency issues could be

attributed to poor file and office

management. In most cases where a

complaint driven matter is referred to

the Chair, or Vice-Chair, of the

Professional Standards Committee, a

Practice Advisor is appointed to

assist with the review of the

complaint file and to conduct a Law

Office Management Review. Over

the past year, there were thirty-two

complaint driven matters considered

which resulted in the appointment of

a Practice Advisor to assist the

member.

In 2012, ten new sole practitioners

participated in the non-complaint

driven Practice Review Program

which continues to be a very

successful and well received

program. Over the past year, the


was also heavily involved in

considering advancements in legal

technology and the impact of these

changes on the profession. The

committee also focused on the

potential impact of these

developments on the regulation of the

profession generally. In particular,

the committee considered the impact

of trends and the direction of

paperless offices and “Cloud”

computing. These matters are being

carried forward to 2013 with the goal

of developing some guidance for the

profession who have chosen to take

advantage of this technology.

In 2012, the Professional Standards

Committee considered and reviewed

the demographics of referrals made

to the committee. This included an

analysis and breakdown of the

referrals by area of the province,

years at the bar, areas of practice and

firm size. The committee remains

proactive in watching for trends and

patterns that develop involving

practice management or professional

standards issues. In 2012, the


also continued its efforts to increase

the publicity of the Practice Review

Program, as well as consider new

initiatives to protect the public and

proactively assist members to

practice effectively and competently.

These initiatives are ongoing and will

be carried on by the 2013 committee.

The committee wishes to recognize

the valuable assistance provided by

Law Society staff in 2012.

The committee remains proactive in watching for trends and patterns that develop involving practice management or professional standards issues .… By: Joel Hesje, Q.C.

Benchers and Professional Staff


Benchers

Dr. Sanjeev Anand, Q.C. Miguel Martinez

Loreley Berra Michael Megaw, Q.C.

Thomas Campbell Lorne Mysko

Thomas Healey Stephen Orlowski

Robert Heinrichs George Patterson, Q.C.

Joel Hesje, Q.C. Darcia Schirr, Q.C.

Peter Hryhorchuk Lorraine St. Cyr

Paul Korpan, Q.C. Dr. Greg Stevens

Laura Lacoursiere Della Stumborg

Heather Laing, Q.C. (Vice-President) Evert Van Olst

Eileen Libby, Q.C. Gregory Walen, Q.C. (President)

Professional Staff

Thomas Schonhoffer, Q.C. – Executive Director

Donna Sigmeth, Q.C. – Deputy Director/Complaints Counsel

Timothy Huber – Counsel

Barbra Bailey – Policy Counsel

Jody Martin – Complaints Counsel

Jennifer Houser – Complaints Counsel

Valerie Payne – Complaints Counsel

Stephen McLellan – Insurance Director, SLIA

Timothy Brown – Counsel, SLIA

John Allen, CA – Auditor/Inspector

Stephanie Yakimowski, CA – Senior Auditor

Andrea Johnston – Director of Admissions & Education

Lana Vindevoghel – CPD Program Specialist

Sam Bergerman – Director of Bar Admissions

Melanie Hodges Neufeld – Director of Legal Resources

2012 Committees


ADMISSIONS & EDUCATION ETHICS Dr. Greg Stevens, Chair Michael Megaw, Q.C., Chair

Darcia Schirr, Q.C., Vice-Chair Miguel Martinez, Vice-Chair

Dr. Sanjeev Anand, Q.C. Loreley Berra

Thomas Campbell Eileen Libby, Q.C.

Laura Lacoursiere Lorraine St. Cyr

Michael Megaw, Q.C. Dr. Greg Stevens

Non-Bencher Members Evert Van Olst

Tom Schonhoffer, Q.C. Non-Bencher Members Andrea Johnston Donna Sigmeth, Q.C.

Sam Bergerman Jody Martin

Jennifer Houser

Valerie Payne

DISCIPLINE PROFESSIONAL STANDARDS Dr. Sanjeev Anand, Q.C., Chair Joel Hesje, Q.C., Chair

Paul Korpan, Q.C., Vice-Chair Thomas Healey, Vice-Chair

Thomas Healey, Vice-Chair Robert Heinrichs, Vice-Chair

Peter Hryhorchuk, Vice-Chair Miguel Martinez, Vice-Chair

Lorne Mysko, Vice-Chair Lorne Mysko, Vice-Chair

Darcia Schirr, Q.C., Vice-Chair Stephen Orlowski, Vice-Chair

Non-Bencher Members George Patterson, Q.C., Vice-Chair

Donna Sigmeth, Q.C. Lorraine St. Cyr, Vice-Chair

Tim Huber Non-Bencher Members Jody Martin Donna Sigmeth, Q.C.

Jennifer Houser Jody Martin

Valerie Payne Jennifer Houser

Valerie Payne

EXECUTIVE INSURANCE Gregory Walen, Q.C., President Miguel Martinez, Chair

Heather Laing, Q.C., Vice-President Joel Hesje, Q.C., Vice-Chair

Paul Korpan, Q.C., Past President Stephen Orlowski

Non-Bencher Member Non-Bencher Members

Tom Schonhoffer, Q.C., Executive Director Patrick Kelly, Q.C.

Michael Milani, Q.C.

Stephen McLellan

Tom Schonhoffer, Q.C.

Financial Statements


LAW SOCIETY OF SASKATCHEWAN

Mission Statement

To govern the legal profession

by upholding high standards of competence and integrity;

ensuring the independence of the profession;

advancing the administration of justice,

the profession and the rule of law;

all in the public interest.

Documents

Law Society of Saskatchewan