In this issue:
• From the President: Approach will Lead to Adoption of 2010 Strategic Plan
• Executive Director's Report: National Standards Approved for Canadian Common Law Degree
• President-Elect, Executive Elected for 2010
• Welcome to New Deputy Executive Director - Regulation, Howard Kushner
• Several Issues Identified in First Alternate Delivery of Legal Services Report
• Is the Law Society of Alberta Acting "In the Public Interest"
• New Trust Accounting Controls and Audit Regime to Be Phased In
• Model Code Sets National Standards of Conduct
• National Pro Bono Law 2010 Conference Coming to Calgary
• Law Society of Alberta Welcomes New Leaders of the CQB
• New Distance Learning Platform Streamlines Learning
• Non-Traditional Learning Plans Can Meet CPD Requirements
• Ethically Speaking: Do I Need to Report Myself
• Lack Of Balance A Significant Factor Influencing Decision To Leave Practice
• Summary of Disciplinary Matters
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 From the President: Approach will Lead to Adoption of 2010 Strategic Plan
By Peter Michalyshyn, QC, President, Law Society of Alberta
In 2009, the Benchers and the Law Society have adopted an increasingly strategic approach to achieving the goals and objectives of the Law Society of Alberta (LSA). It’s an important initiative that we expect will result in the adoption of a strategic plan in 2010.
Our readers – both the lawyers we regulate and who elect us, and the public to whom we are accountable as our constituents – will legitimately ask: what are the LSA’s goals and objectives?
>>To read more, click here |
 Executive Director's Report: National Standards Approved for Canadian Common Law Degree
By Don Thompson, QC, Executive Director, Law Society of Alberta
A uniform national standard for a Canadian law degree will provide greater clarity on bar admission standards for both students and law societies across the country.
The Benchers of the Law Society of Alberta, approved, at their December 2009 meeting, the Final Report compiled by a Task Force of the Federation of Law Societies of Canada (FLSC) on the Accreditation of the Common Law Degree. The Final Report, issued in mid-October 2009, recommends:
>>To read more, click here |
 President-Elect, Executive Elected for 2010
The Benchers of the Law Society of Alberta elected Douglas R. Mah, QC, as the President-Elect for 2010 at their meeting in Edmonton, December 3-4, 2009.
As well, the Benchers elected a slate of members for the 2010 Executive Committee. The Committee will include: Ron Everard, QC; Carsten Jensen, QC; Steve Raby, QC; and Dale Spackman, QC. The non-lawyer public representative on the Executive will continue to be Larry Ohlhauser, MD. The new Executive takes office in February 2010 when current President, Peter Michalshyn, QC steps down and current President-Elect Rod Jerke, QC assumes the role of President.
>>To read more, click here |
 Welcome to New Deputy Executive Director - Regulation, Howard Kushner
By Don Thompson, QC, Executive Director, Law Society of Alberta
I am very pleased to announce that Howard Kushner has joined the Law Society of Alberta as Deputy Executive Director – Regulation.
Howard brings significant and relevant experience to this position, having worked most recently as the Chief Legal Officer at the Law Society of British Columbia, and prior to that as Ombudsman in BC. His roots are in Alberta, having been called to the Bar here in 1976.
>>To read more, click here |
Several Issues Identified in First Alternate Delivery of Legal Services Report
By Doug Mah, QC, Chair, ADLS Committee and Bencher, Law Society of Alberta
Citizen protection, the unclear definition of the practice of law and the lack of information on the delivery of legal services were among several issues identified in the first phase of the Alternate Delivery of Legal Services project.
The report, titled Alternate Delivery of Legal Services (ADLS) Project: Phase 1 Issues Identification, was prepared for the Law Society by the independent consulting firm Sierra Systems and reports on the range of issues identified by justice system stakeholders regarding the delivery of legal services by non-lawyers.
>>To read more, click here |
Is the Law Society of Alberta Acting "In the Public Interest"
The Law Society of Alberta declares at every turn that it acts "In the Public Interest". What do we mean when we say that? And what is the Law Society doing to give effect to that bold commitment?
The Law Society of Alberta's plenary session at the Alberta Law Conference on Thursday, January 28, 2010 at the Westin Hotel in Calgary will explore the principled basis for acting "In the Public Interest".
>>To read more, click here |
New Trust Accounting Controls and Audit Regime to Be Phased In
By Steve Raby, QC, Bencher and Chair, Trust Safety Implementation Task Force, Law Society of Alberta
The Law Society of Alberta will be implementing, in a phased approach, a new trust accounting controls and audit regime. The commencement of such phased implementation will occur in 2010, perhaps beginning in May. Further notice will be provided when a firm implementation commencement date has been set.
The recommendations made by the Law Society of Alberta's Security of Trust Funds Implementation Task Force will result in changes to the trust accounting rules and the Law Society's audit strategy, and will better define the claims process of the Assurance Fund.
>>To read more, click here |
Model Code Sets National Standards of Conduct
By Mona Duckett, QC, Federation of Law Societies of Canada Council Member Appointed to Represent Alberta
The Model Code of Professional Conduct was drafted as a national code for Canadian lawyers, and was approved by the Federation of Law Societies of Canada (FLSC) on October 15, 2009.
Why a Model Code?
The impetus behind the development of the Model Code included the increased mobility of lawyers across Canadian jurisdictions, a belief that there are national and international ethical standards for the practice of law which should be reflected in consistent conduct rules across the country, and external factors such as changes to the money laundering legislation which brought core values of the profession under scrutiny.
>>To read more, click here |
 National Pro Bono Law 2010 Conference Coming to Calgary
By Kevin Feth, Director, Pro Bono Law Alberta and Bencher, Law Society of Alberta
Pro bono activities in Alberta and beyond will take centre stage when Pro Bono Law Alberta co-hosts the third National Pro Bono Conference in Calgary on September 15-17, 2010.
The conference will bring stakeholders from across Canada to discuss issues around access to justice and the role that pro bono organizations play in addressing these issues. As well, the conference will create a forum for organizations to share program information, project ideas and initiatives.
>>To read more, click here |
Law Society of Alberta Welcomes New Leaders of the CQB
The Law Society of Alberta welcomes The Honourable Neil C. Wittmann who was appointed Chief Justice of the Court of Queen’s Bench on October 22, 2009. He replaces the Honourable Allan H.J. Wachowich who has elected to become a supernumerary judge.
The Law Society of Alberta also welcomes The Honourable John D. Rooke who was appointed Associate Chief Justice of the Court of Queen’s Bench on October 22, 2009.
>>To read more, click here |
New Distance Learning Platform Streamlines Learning
by Leona Dvorak, Ph.D. Regional Coordinator, CPLED
The Canadian Centre for Professional Legal Education (CPLED) is taking steps to improve its program once again! We have moved our three provincial programs to a new, Canadian-owned distance delivery platform, Desire2Learn. Students, professional staff and volunteers find the new platform much easier to use allowing them to concentrate on the business of learning and teaching. The new platform offers streamlined assignment submissions, a centralized library and a built-in survey tool that we use to research student opinions of the program as it occurs.
>>To read more, click here |
Non-Traditional Learning Plans Can Meet CPD Requirements
By John Higgerty, QC, Bencher and Chair, Continuing Professional Development Committee
Most, if not all, of our neighbouring law societies impose a certain number of compulsory classroom hours on their members as part of their annual Continuing Professional Development (CPD) obligations. The Law Society of Alberta, on the other hand, believes that individual lawyers know what learning plan works best for them. So we have adopted the self-directed approach. Lawyers making their annual CPD plans may consider non-traditional learning opportunities for their plans.
>>To read more, click here |
Ethically Speaking: Do I Need to Report Myself
By Ross McLeod, QC, Practice Advisor, Law Society of Alberta
Mistakes! Everyone makes them. Doctors, they say, bury theirs. Lawyers' mistakes have the potential to bury the lawyer. Avoiding mistakes is not the theme here. We aim to provide a framework for assessing and managing lawyer mistakes - the minor to the monumental.
Upon learning of a mistake, you need to develop an action plan to identify, assess and remedy it - without making it worse. After a sleepless night, it's time to take steps to deal with the problem. It's always a good idea to call the Law Society Practice Advisors. We find that lawyers often put the cart before the horse and ask, "Do I need to report myself?"
>>To read more, click here |
Lack Of Balance A Significant Factor Influencing Decision To Leave Practice
By Jocelyn Frazer, Equity Ombudsperson, Law Society of Alberta
The 2009 survey of lawyers who moved to retired or inactive status between April 1, 2008 and March 31, 2009 has now been completed. While numerous factors contributed to the decision to stop practicing law in Alberta, the reasons given for these decisions included seeking "more personally rewarding opportunities elsewhere" and "lack of balance with personal life".
>>To read more, click here |
Summary of Disciplinary Matters
In this Summary of Disciplinary Matters for the period August to October 2009, the Law Society of Alberta seeks to educate and inform lawyers on its role as a self-regulator in the public interest.
The Law Society completed 4 hearings and issued 5 reports during this time. The hearing reports issued may correspond to the hearings held during this period, but may reflect hearings held in earlier periods. Several of the reports are summarized below. All hearing reports are available at www.lawsociety.ab.ca
>>To read more, click here |
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Your Feedback Needed on Social Media, Advisory & Website Survey
Have your say! Your feedback is needed on the Advisory, EBulletin and website. As well, we have new questions about Social Media tools that we'd like your input on. Your comments and feedback will assist in improving Law Society communications. Please visit:
http://www.surveymonkey.com/s/LSA_Survey_2010
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Award Ceremony To Shine a Light on Four Outstanding Lawyers
Plan to attend the Distinguished Service Awards Luncheon to honour four recipients of the 2010 awards. The Law Society of Alberta and the Canadian Bar Association - Alberta are pleased to announce the 2010 recipients of the Distinguished Service awards. They are:
Distinguished Service to the Profession - Virginia M. May, QC
Distinguished Service in Legal Scholarship - Professor Gerald Gall, OC
Distinguished Service to the Community - Solomon J. Rolingher, QC
Distinguished Service in Pro Bono - the late John A. Weir, QC
Thank you to all who submitted nominations. The 2010 Distinguished Service Awards luncheon will be held January 29, 2010 at the Alberta Law Conference in the Westin Hotel in Calgary, AB.
Luncheon tickets are available through the Canadian Bar Association - Alberta at: http://www.cba.org/
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Student Recruitment Dates, June 7-18, 2010
By Carsten Jensen, QC, Bencher and Chair, Credentials and Education Committee, Law Society of Alberta
The 2010 recruitment period will be June 7 to June 18. Recruitment activity, as defined by the rules, may commence at 8:00 a.m. on Monday, June 7 and continue until the blackout period, which begins at 5:00 p.m. Friday, June 18.
Employers may only make offers on June 15, 16 and 17 between the hours of 8:00 a.m. and 5:00 p.m. Those offers must remain open for acceptance until 12:00 noon the following day. Offers may be made again after the blackout period ends on Monday, June 21 at 5:00 p.m.
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Lawyers Honoured for 30 or More Years of Active Membership
Congratulations to lawyers who are being honoured this year for 30 years of active membership with the Law Society of Alberta. They will each receive a 10-karat gold recognition pin and a congratulatory letter from Peter Michalyshyn, QC, President of the Law Society of Alberta. The eligibility criteria is based on 30 years of active membership (360 months) as of September 30, 2009, regardless of whether the service is insured or uninsured, and whether it is rendered within or outside Alberta. For details, please contact Sheila Serup, Manager, Communications at at Sheila.Serup@lawsociety.ab.ca
Please see the full list in The Advisory, posted at www.lawsociety.ab.ca
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The Benchers
Peter Michalyshyn, QC, President
Rodney Jerke, QC, President-Elect
Larry Ackerl
Neena Ahluwalia, QC
Rose Carter, QC
James Eamon, QC
Ron Everard, QC
Fred Fenwick, QC
Kevin Feth
James Glass
John Higgerty, QC
Carsten Jensen, QC
Sarah King-D’Souza
Douglas Mah, QC
Roy Nickerson, QC
Stephen Raby, QC
Frederica Schutz
Dale R. Spackman, QC
Scott Watson, QC
Tony Young
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Non-Lawyer Public Representatives
Miriam Carey, Ph.D
Wayne Jacques
Larry R. Ohlhauser, MD
Norma Sieppert, CM
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The Management Team
Don Thompson, QC, Executive Director
Howard Kushner, Deputy Executive Director – Regulation
Janet Dixon, QC, Senior Counsel
Greg Busch, Director, Lawyer Conduct
Michael Penny, Director, Policy and Research
Lisa Sabo, Director, Insurance
Nona Cameron, Director, Human Resources
Drew Thomson, Director, Corporate Services
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The Advisory
The Advisory is published five times a year for lawyers, stakeholders and affiliates of the Law Society of Alberta. Articles and comments should be directed to Sheila Serup at Sheila.Serup@lawsociety.ab.ca
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Practice Advisors
The Law Society's Practice Advisors provide 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: Jocelyn Frazer at toll-free 1.888.299.4769 or Jocelyn.Frazer@lawsociety.ab.ca or Ross McLeod, 780.412.2301 or toll free 1.800.661.2135 or Ross.McLeod@lawsociety.ab.ca
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Assist Program
Assist helps Alberta lawyers, articling students and their immediate families cope with personal issues such as stress, depression, anxiety, alcohol, drug and all other forms of abuse or addiction, relationship difficulties, burnout and anger. Assist is voluntary and confidential. Individuals seeking help are not identified to the Law Society of Alberta, the Canadian Bar Association or any other entity.
Call Assist for direct professional assistance and referral services at 1.877.498.6898 (toll-free) or 1.877.737.5508 (toll-free) to learn more about how Assist can help. Assist is operated by the Alberta Lawyers' Assistance Society (www.albertalawyersassist.ca), a non-profit society that is independent from the Law Society of Alberta.
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Mentor Program
Lawyers are provided 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
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Practice Review
Practice Review provides administrative support to the Practice Review Committee as they carry out general reviews and assessments of lawyers' practices. The purpose of these reviews and recommendations is to ensure a high standard of practice and protection of the public interest.
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
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Office of the Equity Ombudsperson
The Equity Ombudsperson provides 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
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Membership Department
For any changes regarding contact information, membership and insurance status, and any student inquiries, please contact the Law Society of Alberta's Membership Department at 403.229.4781 or toll free 1.800.661.9003 ext. 4781 or membership@lawsociety.ab.ca
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