In this issue:
• From the President: Why the Regulator is Talking About Access to Justice
• Law Society Reviews Alternative Delivery of Some Legal Services
• Benchers Form New Access to Justice Committee
• How LSA Strives to Increase Access to Justice
• LSA Bencher Priorities
• Avoiding the Drink at the 'Last Chance Saloon'
• Access to Justice Key to Confidence in Justice System
• Roundtable Continues to Build the Pro Bono Network
• Advantages of a Law Firm Pro Bono Policy
• Your Annual Fees At Work - 2009 Annual Fees for Lawyers Who are Active Members
• Summary of Disciplinary Matters
• Ethically Speaking: Choosing and Refusing Clients - An Access Issue
• Admission of New Lawyer Makes Justice Accessible in Home Community
• TILMA Simplifies Extra-Provincial Corporate Registrations
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 From the President: Why the Regulator is Talking About Access to Justice
By Peter Michalyshyn QC, President, Law Society of Alberta
Public concern for access to justice continues to increase. At the Law Society of Alberta we’ve asked ourselves -- what is the role of the regulator of the legal profession in addressing access to justice issues?
After all, access problems are often attributed to the apparent high cost of legal services. Well, it's the market, and not the law society, that regulates the cost of legal services. Some people feel that access is inhibited by civil rules which add to complexity, delay, and again, high costs. But civil justice reform is not central to the law society's core mandate as a regulator of legal professionals.
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Law Society Reviews Alternative Delivery of Some Legal Services
At a time when Albertans find it difficult to retain lawyers, the Law Society will look at alternative means of delivering certain legal services.
Part of the inquiry will ask how non-lawyers (agents or paralegals) could increase access to legal services within a regulated environment while protecting the public interest.
The LSA's initiative stems from ongoing concerns in the Courts, Alberta Justice, and among other players in the administration of justice that concrete steps are needed to address access to justice issue.
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Benchers Form New Access to Justice Committee
As the Law Society of Alberta moves forward with a specific inquiry into alternate delivery of legal services, the Benchers have agreed also to remain broadly involved in access to justice issues by forming an Access to Justice Committee.
The Committee’s mandate flows from the LSA’s 2006 strategic goal adopted by the Benchers to "…uphold and preserve the fundamental principles of justice, including the rule of law, the independence of the bench and bar, effective and equal access to justice and to promote equity and diversity in the legal profession."
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 How LSA Strives to Increase Access to Justice
By Don Thompson, QC, Executive Director, Law Society of Alberta
How will the LSA’s service offerings increase access to justice? What do programs such as Complaints, Assurance Fund and Lawyer Referral do to make our justice system more accessible to the public? The following services strive to uphold standards of competence of lawyers.
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LSA Bencher Priorities
The following are the list of Bencher priorities for 2009:
• Alternative delivery of legal services – explore whether or how non-lawyers might provide legal services in order to increase the public’s access to legal services.
• Security of Trust Funds implementation.
• Continuing Professional Development – designing and implementing year two of the program.
• Model Code of Conduct – LSA to decide whether and to what extent it will adopt the Federation of Law Societies’ model code of conduct.
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Avoiding the Drink at the 'Last Chance Saloon'
By W. Brent Cotter, QC, Dean of the College of Law, University of Saskatchewan
This is a summary of his presentation at the LSA’s Plenary, "Why Independence Matters", held at the Alberta Law Conference on January 29, 2009.
First, I will offer the perspective of a few critics of lawyer self-regulation. Second, I will reflect on some of the features of the lawyering environment, offering context for the third aspect – some of the trends and challenges to self-regulation, and fourth I will offer my own ‘ranking’ of the significance and invasiveness of these challenges. Finally I will end with a suggested approach on the part of the legal profession to enable it to preserve and retain the core of its regulatory authority.
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Access to Justice Key to Confidence in Justice System
By the Honourable Alison Redford, QC, Minister of Justice and Attorney General, Government of Alberta
Access to justice is fundamental to a stable, peaceful, prosperous society and is a primary focus of the Ministry of Justice. Albertans need to know the justice system is available to them, not just available to a select, privileged few. I want Albertans to be confident that an effective, fair justice system is in place to serve them. My ministry has been working collaboratively with other justice stakeholders, including the Law Society, on a wide range of initiatives to ensure Albertans have a variety of services available to assist them in resolving their legal difficulties. As lawyers throughout the justice system, we all have a stake and responsibility ensuring the administration of justice is enhanced.
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Roundtable Continues to Build the Pro Bono Network
By Rod Jerke, QC, President, Pro Bono Law Alberta; and President-Elect, Law Society of Alberta
PBLA hosted its third annual roundtable and provided stakeholders with professional development and networking opportunities. The fall 2008 event was designed to develop new ideas to enhance the network of pro bono stakeholders by building on the successes of both the clinics and PBLA.
PBLA is on track with its strategic objectives to focus project development in three key areas:
1. expanding the legal advice model to new locations,
2. supporting the work of the existing clinics, and
3. enhancing the profession’s culture of pro bono legal service
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Advantages of a Law Firm Pro Bono Policy
There are many reasons why law firms adopt pro bono programs:
• Helps recruit talented law students and new lawyers by differentiating the firm by its commitment to pro bono legal work.
• Increases job satisfaction of the firm’s lawyers by encouraging personally rewarding work and providing a challenge that may not otherwise be available.
• Creates opportunities for lawyers to develop skills and enhance training.
• Creates a culture of goodwill within the law firm.
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Your Annual Fees At Work - 2009 Annual Fees for Lawyers Who are Active Members
| Components |
2009 |
2009 (%) |
2008 |
2008(%) |
Change from 2008 to 2009(%) |
| Annual Fee (LSA) |
$1,270
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34%
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$1,160
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31%
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9%
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| Assurance Fund (LSA) |
$665
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18%
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$635
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17%
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5%
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| Insurance Levy (ALIA) |
$1,800
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48%
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$1,900
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51%
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(5%)
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| Total |
$3,735
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100%
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$3,695
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100%
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$40 or 1%
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General Fund, Assurance Fund and ALIA Revenues and Expenses:
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Summary of Disciplinary Matters
Including Hearing Reports issued between January 1, 2009 and March 9, 2009
In this Summary of Disciplinary Matters for the first two months of 2009, the LSA seeks to educate and inform lawyers on its role as a self-regulator in the public interest. The LSA completed 3 hearings and issued 6 hearing reports during this time, three of which are summarized below.
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Ethically Speaking: Choosing and Refusing Clients - An Access Issue
By Ross McLeod, QC, Practice Advisor, Law Society of Alberta
Cases making news recently remind us that the way lawyers choose their clients may impact access to justice. Canadian lawyers enjoy considerable discretion in deciding to take on a client, but declining all Legal Aid work, for instance, should have no place in its exercise. A general refusal by lawyer to represent unpopular or repugnant clients can also result in ineffective or even no representation.
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Admission of New Lawyer Makes Justice Accessible in Home Community
By Shirish P. Chotalia, QC, Law Society of Alberta Bencher
(The following is a summary of my bar admission tribute to Koren Lightning-Earle.)
When my friend Eileen Sasakamoose, a Hobbema, Alberta barrister and solicitor asked me to participate in the Bar Admission ceremony of her articling student, Koren Rickie Lighting-Earle, I was struck by the importance of the event.
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TILMA Simplifies Extra-Provincial Corporate Registrations
The Trade, Investment and Labour Mobility Agreement (TIMLA) between the governments of Alberta and BC has been delayed.
As a result, TILMA–related Corporate Registry transactions cannot proceed as planned on April 1, 2009. Alberta Registries anticipates that the legislation will be passed in early April. Alberta Registries is committed to working with their British Columbia counterparts toward a new implementation date.
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Feedback Needed on Advisory and Website
Please take a moment to participate in the 2009 Law Society of Alberta's survey on the Advisory and website. To better improve its communications to lawyers, the Law Society of Alberta invites your feedback and comments. Go to:
http://www.surveymonkey.com/s.aspx?sm=eoPes2Dxdt_2b_2fj9EDjVvofQ_3d_3d
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Welcome to New Benchers
The Benchers of the Law Society recently welcomed the following new Benchers:
Rose Carter, QC, Bennett Jones LLP, Edmonton, AB; James Eamon, QC, Gowling Lafleur Henderson LLP, Calgary AB; Fred Fenwick, QC, Miller Thomson LLP, Calgary AB; Kevin Feth, Field LLP, Edmonton, AB; James Glass, QC, Duhamel Manning Feehan Warrender Glass LLP, Red Deer, AB; Frederica Schutz, Emery Jamieson LLP, Edmonton, AB; Scott Watson, QC, McLellan Ross LLP, Edmonton, AB; Tony Young, A.G. Young Legal Centre, Calgary, AB.
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Important Notice: Effective Date of LSA Member Cards
Please Note: The current LSA membership card, which states an expiry date of March 15, 2009 is valid until March 31, 2009. The LSA will be issuing new cards for eligible members with an expiry date of March 31, 2010 by the end of this month. In the meantime, the membership card which lists an expiry date of march 15, 2009 is valid until March 31, 2009.
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Trust Accounting Seminars May 27-28, 2009
The LSA’s annual Trust Accounting seminars are intended to educate lawyers, especially sole practitioners, small firms, new lawyers and staff on the Rules of the Law Society of Alberta (Part 5) relating to financial records, accounts and trust money.
Topics include:
• Books and records required and tips for maintaining them,
• Trust reconciliations and how to recognize problems,
• Rules on handling trust funds
• Common audit exceptions and how to avoid them
• Credit card accounts – how do I set them up?
• Current trends (electronic banking, cheque imaging, etc)
Trust Seminars will be held:
Edmonton – May 27th, 9:00 am– 12:00 noon
River Valley Room
Crowne Plaza Chateau Lacombe
10111 Bellamy Hill
Edmonton, AB T5J 1N7
(780) 428-6611
Calgary – May 28th, 9:00 am – 12:00 noon
South Building, Lower Level, Mac E4
Telus Convention Centre
120 – 9 Avenue SW
Calgary AB T2G 0P3
(403) 261-8500
Please register by May 20, 2009 by contacting Donna Kanomata, Administrative Assistant at (403) 229-4784, fax (403) 541-4817 or by email at Donna.Kanomata@lawsociety.ab.ca
Registration forms are also available on our website: www.lawsociety.ab.ca
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Assist: The Economic Downturn
By Craig Kinsman, Executive Director
Are you an articling student or junior lawyer in fear of losing your job? Or perhaps a sole practitioner or lawyer in a small firm faced with a client base that has shrunk and overhead that hasn’t? Are you a partner who’s just taken a large pay cut or been asked to leave your firm? Or maybe a senior lawyer close to what was to be a comfortable retirement but now faced with practising well past when you had planned? Are you a lawyer who’s been hurt in some way by the economic downturn?
Economic troubles can cause or contribute to personal problems or exacerbate existing personal challenges.
You are not alone. Call Assist for direct professional assistance and referral services at 1-877-498-6898 (toll-free) or call me at (877) 737-5508 (toll-free) to learn more about Assist and how we may be able to help.
Assist is an independent, charitable society. www.albertalawyersassist.ca
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New Office Location for PBLA
PBLA has moved from its offices at the Law Society of Alberta to new premises. Effective March 1st, PBLA will be located at:
401, 255 – 17 Ave. SW
Calgary AB T2S 2T8
Phone: (403) 541-4840
Fax: (403) 229-4488
Inquiries may be directed to
Gillian Marriott, Executive Director: Gillian.Marriott@pbla.ca
Cecelia Frohlick, Project Manager: Cecelia.Frohlick@pbla.ca
Myra Skerrett, Executive Assistant: Myra.Skerrett@pbla.ca
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CPLED Program: The Next Step
By Trevor Clarke, Managing Director, CPLED Alberta
Preparing students for the next step in their careers was the key objective of the last day of the CPLED program.
The final day was held February 13, 2009 in both Edmonton and Calgary. It focused on the processes involved in planning their admissions to the Bar, the taking of the oath during their Bar admission ceremonies and their enrolment in the LSA as a barrister and solicitor.
The LSA described the procedures that need to be followed after completing the CPLED Program. Insight was provided into the services provided by the Alberta Lawyers Insurance Association. The Legal Education Society of Alberta advised the students how they provide continuing legal education to help meet Continuing Professional Development requirements and to stay current in their practice areas.
The Canadian Bar Association advised the students of the benefits of being a member and stressed that one of CBA’s objectives is to improve and promote access to justice. Representatives of Legal Aid Alberta, Pro Bono Alberta, Calgary Legal Guidance and the Edmonton Community Legal Centre discussed the importance of providing legal services to improve access to justice for people in need.
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The Benchers
Peter Michalyshyn, QC, President
Rodney Jerke, QC, President-Elect
Neena Ahluwalia, QC
Rose Carter, QC
Shirish P. Chotalia, QC
James Eamon, QC
Ron Everard, QC
Fred Fenwick, QC
Kevin Feth
James Glass
John Higgerty, QC
Carsten Jensen, QC
Douglas R. Mah, QC
Roy Nickerson, QC
Stephen Raby, QC
Frederica Schutz
Dale R. Spackman, QC
Scott Watson, QC
Tony Young
Non-Lawyer Public Representative (Lay Bencher)
Wayne Jacques
Larry R. Ohlhauser, MD
Norma Sieppert, CM
The Management Team
Don Thompson, QC, Executive Director
Janet Dixon, QC, Senior Counsel
Greg Busch, Director, Lawyer Conduct
Lisa Sabo, Director, Insurance
Nona Cameron, Director, Human Resources
Drew Thomson, Director, Corporate Services
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Services for Lawyers
Mentor Program
A free service that provides lawyers with the names of experienced mentors or practitioners in family law, criminal law, wills and estates, real property law and civil litigation. Contact: 1-800-272-8839
Practice Review
A committee of the Law Society of Alberta that helps lawyers recognize areas of concern within their practices and provides information about resources and help to implement a program of change. Lawyers seeking practice review services will work with a panel of three members of the practice review committee and a staff person. Contact: Barbara Cooper, Manager, Practice Review at 403-229-4720 or toll free 1-800-661-9003 ext 4720 or Barbara.Cooper@lawsociety.ab.ca
Practice Advisors
Confidential professional and personal advice for lawyers on legal, ethical and practice concerns, personal matters or mediation, practice start-up, practice management, and firm management, risk management, career transition. Contact: Nancy Carruthers, 403-229-4714 or toll free 1-866-440-4640 or Nancy.Carruthers@lawsociety.ab.ca or Ross McLeod, 780-412-2301 or toll free 1-800-661-2135 or Ross.McLeod@lawsociety.ab.ca
Office of the Equity Ombudsperson
Confidential assistance with the development of workplace policies and the resolution of harassment and discrimination concerns. Contact: Jocelyn Frazer, Equity Ombudsperson at toll free 1-888-229-4769
Membership Department
Lawyers and students should contact this department for changing contact information, membership status, insurance status and any student issues. Contact: 403-229-4781 or toll free 1-800-661-9003 ext 4781 or membership@lawsociety.ab.ca
Assist Program
A service, totally separate from the Law Society of Alberta, provided by the Alberta Lawyers’ Assistance Society. Assist provides free confidential counseling to lawyers, articling students and their immediate families through a leading provider of professional assistance for issues such as stress, depression, anxiety, alcohol, drug and all other forms of abuse or addiction, relationship difficulties, family struggles, burnout and anger. Users of the Assist Program are not identified to the Law Society of Alberta. Contact: 1-877-498-6898
The Advisory
The Advisory is published five times a year for the members, partners, stakeholders of the Law Society of Alberta. Articles and comments should be directed to Sheila Serup at 403-229-4744 or Sheila.Serup@lawsociety.ab.ca
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