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Contingency Fee Issues by Nancy Carruthers and Ross McLeod, LSA Practice Advisors
(continued from page 6) be split on a quantum meruit basis between the respective counsel upon the conclusion of the file. This position is supported by the Queenýs Bench decision of Law Firm v. Solicitor, [1992] A.J. No. 1242, and is also consistent with Rule 621 of the Rules of Court. Please also keep in mind that your trust conditions on a file transfer should not indicate that the lawyersý fee disputes will be settled by the Taxation Officers. This function does not technically fall within the scope of their mandate and they have refused to hear such matters. Time Keeping Habits. Though many lawyers who work		primarily on a contingency fee basis do not keep track of the time spent on client matters, it is advisable to do so in the event you might be required to apportion fees with other counsel. In addition, there may be occasions when your contingency fee agreement might be set aside or reviewed by the court. This can happen if the fee agreement was not properly served on the client or if it involves a minorýs claim (see Sonnenberg v. Schumacher & Associates, [2005] A.J. No. 725 and Rusk (Next Friend of) v. Medicine Hat (City), [2001] A.J. No. 1577, respectively). In those circumstances, accurate and reasonable records of the time spent will assist you in establishing your claim for appropriate legal fees.
Why Are Lawyers Leaving Practice? by Greg Francis, LSA Equity Ombudsperson
Exploring reasons why lawyers are leaving practice, the Equality, Equity and Diversity Committee surveyed all active members who moved to the inactive list or retired. The online exit survey, which was completed by 102 lawyers of the 29 who retired and the 177 who moved from active to inactive, revealed that: The largest number of men leaving practice (18 of 53) were called to the bar 18-26 years ago while most of the women lawyers leaving the profession (23 out of 43) were admitted to the bar less than 7 years ago. Ten women and eight men identified themselves as belonging to a disadvantaged group. One man and no women identified themselves as being gay/lesbian. Discrimination while practicing law was experienced by 33.3% of the women and 12.8% of the men. Sixty per cent who left the practice of law continue to be employed elsewhere; 91% reported that their work was related to their legal training, and for 74% it was very related. The highest satisfaction with the practice of law came from the prestige and intellectual challenge of the work, contact with clients and working relationships with colleagues, support staff and court personnel.		Respondents were least satisfied with the stressful nature of the work, the lack of balance with their personal life, the adversarial nature of the work, hours of work and the lack of available mentoring. Numerous factors contributed to the decision to stop practicing law in Alberta: 44% cited more personally rewarding opportunities elsewhere, 39% the lack of balance with personal life, 22% dissatisfaction with the practice of law and 16% dissatisfaction with place of employment. Suggested changes to the profession included better work-life balance (most prevalent), more civility, improved access to justice/legal services and more flexible insurance/fee structures. This information is consistent with trends in other sectors of the economy. It suggests that work/life balance is a priority for lawyers. Law firms would be wise to address this issue as part of their attraction and retention strategy for employees. Thank you to everyone who participated in the survey, as your responses provide valuable insights into the state of the profession.

Procedure to Ease Land Titles Registration Wait Time

In-order to ease the wait period for registration of documents at Land Title Offices in Edmonton and Calgary, Service Alberta will implement the following procedural change for those transactions involving controlled land.

Effective February 1, 2007, all lawyers completing a Form 1 (Citizenship Declaration for Canadian Citizens and Permanent Residents(s)), on behalf of their clients are requested to insert the name and address of their client in place of the words ýtransferee, transmittee, caveator or lesseeý. Having lawyers do this work instead of Land Titles Office staff will help speed up Land Titles Office transactions.

Currently, for reference purposes, Land Titles examiners transpose the clientýs information onto the Form 1 from the documents submitted for registration.

Should you have any questions, please contact Eric Mahabir at (780) 427-5800, or Marvin Tully, Foreign Ownership of Land Administration, Service Alberta at (780) 427-5600.