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Monday, April 19, 2010 |
In this issue: |
From the President: Independence of Legal Profession A Hallmark of Democracy
The design of our democratic institutions balances the rights of citizens and the government. At the Law Society of Alberta, we regulate lawyers in the public interest. It is important for Albertans to have access to competent, ethical and independent legal advice. When Albertans go to court with a trial lawyer, they need to know their lawyer will stand up for their interests alone. |
Executive Director's Report: Examining How We Serve in the Public Interest
What do we mean when we say we regulate and govern lawyers "in the public interest"? We know that the public interest is not just what is in the interest of the profession, but it might include matters that are in the interest of lawyers. We know for sure that the public needs and deserves to have an independent lawyer to provide counsel, representation, and to be an advocate to protect rights. |
Retention and Re-engagement Task Force to Identify InitiativesBy Karen McDougall, Casefinder The Benchers of the Law Society of Alberta recently adopted a new direction in the Society’s plan to ensure access to legal services in Alberta. A new strategy statement involves three potential ways to increase the availability and diversity of legal help for Albertans by:
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Time Right to Improve Complaints and Discipline ProcessBy Karen McDougall, Casefinder The work of the Law Society most visible to the public, that of managing complaints and discipline (conduct), will undergo a review and improvements. This initiative is part of the larger Law Society strategic goal of serving the public interest by "promoting and ensuring high ethical standards… on the part of all those seeking admission to and practising law in Alberta". |
A New Trust Strategy Builds on Public Confidence
In Canada, lawyers enjoy the reputation of being trustworthy to hold the money of others. There have been occasions when this trust has been compromised by individual lawyers. Through the regulatory work of the Law Society and the financial commitment of all lawyers to the assurance fund which is used to reimburse clients for losses of trust money, the profession continues to enjoy this reputation of trustworthiness. |
"The New Rules of Court: A Seamless Transition" Course Offering by LESABy Paul Wood, Executive Director, Legal Education Society of Alberta Attending an introductory session or a live webcast will give lawyers the background and rationale for the new Alberta Rules of Court as well as how these will affect law practices. The Legal Education Society of Alberta - with Alberta Law Reform Institute, Alberta Justice, the Court of Queen’s Bench of Alberta, and Justice Canada - will provide training on the new Rules, anticipated to come into effect Nov. 1, 2010. |
Family Members Can Now Own Shares in Professional Corporations
Statutory amendments will permit family members to own non-voting shares in Alberta professional corporations (PC’s). Non-voting shares can now be owned by non-professional family members (spouse, common-law partner, and children). The changes affect lawyers, doctors and accountants. |
Composite Articles a Win-Win for Both Employers and Studentsby Marie L. Gordon, QC, Gordon Zwaenepoel Composite articles, in which students-at-law receive practical training at more than one law firm, is an idea whose time has come. One of the most important yet stressful tasks for law students is to find the "right" set of articles, which provide students-at-law with an opportunity to experience and learn about the practice of law in the relatively risk-free context of supervised law firm placements. |
An Interview with the University of Calgary’s Dean of Law: How New Law School will Increase Access to JusticeBy Derek Sankey
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An Interview with the University of Alberta’s Dean of Law: Recognizing that Access to Justice is a Global IssueBy Derek Sankey
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Strategic Priorities Identified for Pro Bono Law Alberta
Much of the work to be undertaken by Pro Bono Law Alberta in 2010 will fall under three priorities identified by the Board:
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Law Society of Alberta and CBA Alberta shine a light on 2010 Distinguished Service Award RecipientsThe 2010 Distinguished Service Awards were presented to the following individuals at the 2010 Alberta Law Conference on January 29, 2010. |
Ethically Speaking: Tips for Delivering Bad News
In this column in the January 2010 Advisory, strategies for dealing with mistakes, large and small, were discussed. The first stage of developing an action plan was to assess the nature and severity of a mistake, including the need for self-reporting. This column in this issue will focus on implementing the action plan in dealing with clients, colleagues, lawyers and others. |
A Neutral Corner: Education Key to Resolving Problems
My goal as Equity Ombudsperson is to promote equity, equality and diversity in the legal profession. Educating people working in a legal environment about discrimination and harassment in the workplace is an important step in resolving related problems. Through presentations and workshops to law firms, law students, articling students and students enrolled in legal assistant programs, on issues relating to harassment and discrimination within the legal profession, I identify various situations that can and do develop and offer strategies to deal with those situations along with corresponding information on the legal implications that arise. On an individual basis, I am available to discuss specific concerns on a confidential, neutral basis and to outline available options. |
Women in Law – Options & OpportunitiesThe Faculty of Law at the University of Calgary is pleased to announce a new program as part of their Continuing Legal Education Series. A seminar called, Women in Law – Options & Opportunities, will allow senior lawyers to help find their way through the legal profession. |
Summary of Disciplinary MattersIncludes Hearing Reports issued between October and December 2009 In this Summary of Disciplinary Matters for the period October to December 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 12 hearings and issued four reports during this time. The hearing reports issued may correspond to the hearings held during this period, or may reflect hearings held in earlier periods. Several of the reports are summarized below. All hearing reports are available at www.lawsociety.ab.ca |
By Rod Jerke, QC, President, Law Society of Alberta
By Don Thompson, QC, Executive Director, Law Society of Alberta
By Steve Raby, QC, Bencher and Chair, Trust Safety Implementation Task Force, Law Society of Alberta 
By Scott Watson, QC, Bencher, Law Society of Alberta
Alastair Lucas sees great potential for lawyers to practise in smaller communities across Canada. The Dean of the Faculty of Law at the University of Calgary has been working with Thompson Rivers University in Kamloops, B.C., for the past two years to establish a brand new law faculty working closely with the U of C. It will be the first new law school to be set up in Canada since the U of C started over 30 years ago.
When Philip Bryden, the Dean of the Faculty of Law at the University of Alberta since 2009, decided to explore the idea of developing collaborative relationships with law faculties at three universities in India, it was partially a recognition that access to justice is a global issue. It was primarily meant to facilitate international student exchanges and faculty research projects.
By Kevin Feth, QC, Director, Pro Bono Law Alberta and Bencher, Law Society of Alberta
By Ross McLeod, QC, Practice Advisor, Law Society of Alberta
By Jocelyn Frazer, Equity Ombudsperson, Law Society of Alberta|
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Welcome to New BenchersThe Law Society of Alberta welcomes Harry Van Harten as elected Bencher and Amal Umar as appointed public representative to the Benchers. Harry Van Harten is a a Calgary lawyer practising in the areas of criminal, child welfare and family law. He was admitted to the Alberta Bar in 1987. He has practised criminal defense along with child protection law for 21 years. He currently practises with the firm Van Harten Foster Iovinelli Joshi. Over the years Harry has volunteered with such organizations such as: Student Legal Assistance at the University of Calgary, Calgary Legal Guidance, CBA, Woods Home Exit Program Outreach, the Elizabeth Fry Society in Calgary, and Citizens for Public Justice, among others. He has also volunteered as an instructor for the Legal Education Society of Alberta and CPLED. Amal Umar earned a B.A. (Social Science) from Macalester College in St. Paul, Minnesota and a M.A. (Political Science) from American University of Beirut. She brings expertise in the areas of equity/ human rights and social justice issues, community development and facilitation, and organizational development and governance. Amal Umar is involved in such organizations as: the Calgary Foundation; Calgary Task Force on Cultural and Racial Diversity; United Way of Calgary; Coalition for Equal Access to Education; Alberta Advisory Council on Women’s Issues; Review Panel on Human Rights in Alberta; and the Dignity Foundation among others.
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Lawyers at Risk Roundtable First Step Towards ImprovementsBy Carsten Jensen, QC, Bencher and Chair, Lawyers at Risk Task Force In examining questions around "lawyers at risk", a Law Society of Alberta task force will be convening a roundtable discussion in May. Last year, the Law Society Benchers established a task force to look at "lawyers at risk". Specifically, many of the lawyers in the Law Society’s disciplinary process appear to have, as a root cause of their difficulty, some serious personal problems that may include mental or physical illness, addiction, bereavement, or other problems. Presently, there are many services targeted towards such lawyers, including the Law Society’s Practice Review program and Practice Advisors. The Assist program operates independently from the Law Society with funding from the Law Society and other sources. One of the questions we have is whether the services presently available are coordinated as well as they might be, and whether there are gaps. In addition, we are very interested in issues of risk identification, prevention and education. In order to review these questions, the task force is convening a roundtable discussion to be held in Calgary on May 7, 2010, to bring together various stakeholders in the current system, and also several speakers from other jurisdictions who have considered these issues.
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W. Bernie Kelly, QC, Memorial Prize WinnersTwo University of Calgary law students, Robert Moyse and Beamer Comfort, have been selected to receive the 2009 W. Bernie Kelly QC Memorial Prize. The annual award is made in memory of W. Bernie Kelly, QC, who served the Law Society of Alberta as Deputy Secretary, Secretary Treasurer and Secretary. Robert Moyse will add a law degree this spring to a B.Sc. (Honours) degree earned in 2003 from the University of Alberta. A two-time winner of both the Faculty of Law Dean’s Prize and Merv Leitch QC Scholarship, he plans to enter a clerkship at the Federal Court of Appeal in August, assigned to the Honourable C. Michael Ryer. Beamer Comfort, will earn a law degree this spring, following a B.A. from the same university in 2006. He has attained numerous other academic awards during his law studies, has been named to the Dean’s List five times, and was named an Academic All-Canadian in four consecutive years. He will begin articling with Bennett Jones LLP in August 2010.
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AssistAssist 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 (tollfree) 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 ProgramLawyers 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 AdvisorsThe 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 1.888.229.4769 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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Office of the Equity OmbudspersonThe 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 DepartmentFor 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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The BenchersRodney Jerke, President Public Representatives (Lay Bencher)
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The Management TeamDon Thompson, Executive Director; Howard Kushner, Deputy Executive Director - Regulation; Janet Dixon, Senior Counsel; Greg Busch, Director, Lawyer Conduct; Michael Penny, Director, Policy & Research; Lisa Sabo, Director, Insurance; Nona Cameron, Director, Human Resources; Drew Thomson, Director, Corporate Services.
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The AdvisoryThe 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 Editor: Sheila Serup
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www.lawsociety.ab.ca
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