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Law Society Welcomes New Staff

by Don Thompson, QC, Executive Director, Law Society of Alberta

Don Thompson

New staff joining the Law Society of Alberta in recent months include: counsel Michael Penny, a former managing partner of Emery Jamieson; controller Bill Wakefield; former RCMP inspector Mike Martin, now a Risk Assessment Officer for the Law Society; general law practitioner Philip Carr who joined ALIA as a Claims Examiner in our Calgary officer; family law practitioner and litigator Pam Sugimoto who is now a Complaints Resolution Officer, and Tia Mankar, assistant controller who is pursuing her Certified General Accountant (CGA) Level four designation.

Reducing the number of open informal complaints

As a result of changing the way we handle informal complaints, we are dramatically reducing the number of open informal complaints. As well, differently managing "old" complaints when it appears the resolution of the matter will be unsuccessful also assists in reducing the number of open informal complaints. Complaints are categorized as informal when complaints about conduct being unethical or not sanctionable are resolved by a Complaints Resolution Officer in a manner that is mutually satisfactory to the complainant and the lawyer.

Goal setting methodology is being applied to set targets for formal complaints, investigations, audits and hearings, as well as the complaints process itself.

Charitable Funds in Your Trust Accounts

As a model self-regulator, the Law Society of Alberta strives to provide clear direction to lawyers through Rules and the Code of Conduct, and from the Practice Advisors as well as by clear guidelines.

Recently, an issue was brought to our attention regarding the handling of funds on behalf of charitable fundraising. Some lawyers have been led to believe that funds collected by a charity must be deposited in a lawyer's trust account. Our concern is that lawyers are offering this service, perhaps under the mistaken understanding that it is a gaming requirement.

However, a review of the current forms for raffles and pull tickets indicate there is no reference to a law firm trust bank account. The requirements are that a separate bank account be maintained by the charity with chequing privileges and services. All revenues are deposited into the account and all payments are made by cheque.

Acting Executive Director for PBLA

I am pleased to announce that Susan Billington, Policy and Program Counsel, has agreed to be the Acting Executive Director of Pro Bono Law Alberta, based initially at the Law Society of Alberta.

Access to Justice Reviewed

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programs; Pro Bono clinic activities; and contracting out of research or other tasks.

The question posed to the plenary session was whether the LSA should promote, rather than merely permit, limited retainers, as a means of ensuring access to justice.

Wal-Mart law

Lawyers' failure to deal with access to justice concerns could lead to governments imposing "alternative business structures" for the delivery of legal services, noted Don Thompson, QC, Law Society executive director, in his plenary presentation. That whole notion is very much on the table in England and other jurisdictions, he said, adding that those notions are being watched carefully by the Law Society of Alberta.

Alternative business structures are more about competition, less about independence. Current requirements that lawyers be part of a legal profession, and that only lawyers deliver legal services, are both restrictions on competition. The question inevitably comes down to: "Is the current model of lawyer regulation necessary, or is it merely protection of the market for lawyers?" If we believe in access to justice, said Mr. Thompson, and we believe therefore that it should be easier and less expensive for people to have the advantage of legal services, should we be exploring alternative methods for the delivery of legal services?