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Taking a More Focused Approach to Risk Management

by Don Thompson, QC, Executive Director

A useful way to think about regulation is that we regulate the risk of lawyers providing legal services. We are becoming more focused and aware of managing risk, and taking steps to integrate risk management into the delivery of regulatory services. The Law Society currently has programs and processes in place to assess, address and manage risky practices. In our risk management initiative, we’ll develop strategies to:

engage in the early identification of lawyers who may be involved in risky practices, and
facilitate the remediation of risky practices of practitioners, and, if these are not possible, ensure effective discipline.

For the public and LSA members this will mean better mitigation of current risks such as misconduct, theft and negligence, and avoidance of new risks such as mortgage fraud.

Mentor Program Referrals (Province-Wide) (2006 to end of September)
Bankruptcy	5
Civil Litigation	20
Corporate & Commercial	11
Criminal	10
Family Law	36
Immigration	7
Real Estate	34
Wills & Estate	44
Other	5
Confidential Advisory Service Provided
Other	128
Ethics	1624
* Law Practice Mgmt.	262
LSA Information	965
Stress	271
*Law Practice Management consultations provide new and existing offices with accounting advice, technology solutions and other practical information.

Don Thompson

Demand for mentor program referrals increasing

Demand for mentor program referrals as well as confidential advisory services is increasing, new statistics collected show. The Law Society’s Practice Advisors’ Office noted increases in telephone inquiries and office consultations related to advisory services and mentor program referrals. In 2002, the Practice Advisors’ Office answered 3131 enquiries, of which 2887 were telephone calls. As well, 88 office consultations were provided. In a 12-month period in 2005-2006, the Practice Advisors’ office responded to 3601 enquiries, averaging 300 a month.

As well, the mentor program made 17 referrals per month. The areas of law in which assistance was sought in the 2005-2006 year are shown to the left.

Redefining requirements for foreign trained lawyers

Lawyers with non-Canadian law degrees must receive an equivalence from the National Committee on Accreditation. An increase in the number of people who attend law school outside Canada and then want to practise here, as well as new legislation in Ontario, have resulted in a review of the NCA’s requirements.

As the Alberta representative to the NCA, I was asked last year to determine how the NCA sets its standards for determining what is equivalent to a Canadian common law degree. The committee, during the past three meetings, is making significant progress in rearticulating NCA guidelines in light of the current requirements of Canadian law schools.

The NCA expects by the end of this year to be much closer to a new articulation of the standard, which links NCA and Canadian law school requirements.

Amended Rule Adds Legal Clinic as Pro Bono Service Provider

By Brad Nemetz, QC, Bencher and Chair, Insurance Committee

The Central Alberta Community Legal Clinic has been added to the list of pro bono service providers after the Bench-ers’ approved a resolution to amend Rule 148(2.1). Other pro bono service providers are Calgary Legal Guidance, the Edmonton Centre for Equal Justice and the Volunteer Lawyers Service.

Rule 148 allows lawyers who volunteer for one of the listed pro bono service providers and who are otherwise exempted from the insurance require-ment of the rules, to be covered by the Alberta Lawyers Insurance Associa-tion’s (ALIA) indemnity program. This will permit greater volunteer participa-tion for the delivery of pro bono legal services by lawyers who would not otherwise have insurance coverage.

Following the resolution, Rule 148(2.1) has been amended to add the Central Alberta Community Legal Clinic as a pro bono service provider as follows:

148(2.1) Notwithstanding sub rule (1)(b) and (d), the members who are otherwise so exempted are, neverthe-less, covered by the indemnity program for pro bono legal services rendered through the Volunteer Lawyers Services program, Calgary Legal Guidance, the Edmonton Centre for Equal Justice or the Central Alberta Community Legal Clinic.