In this issue:
• Candidates Standing for Election to the Benchers
• Explore these Two Counsel Opportunities
• Alberta Law Foundation Increases Legal Aid Funding by $10 million over Three Years
• "No-Cash" and "Know-your-Client" Rules are Key in Fighting Money Laundering
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Candidates Standing for Election to the Benchers
The Law Society is pleased to announce that 47 Alberta lawyers are standing for election to the Benchers.
The list of candidates is available for review on the Law Society’s website at www.lawsociety.ab.ca
Voting materials will be mailed to all active lawyers on October 14, 2011. Lawyers will have the option of casting their ballots online or by mailing a paper ballot. Voting closes on November 15, 2011 at 4:30 p.m. MT.
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Explore these Two Counsel Opportunities
If you are guided by a passion to serve the public interest and protect the fundamental principles of justice, these two Counsel positions with the Law Society will interest you.
The Law Society is seeking:
• Senior Counsel for either its Calgary or Edmonton office. View full description at http://www.lawsociety.ab.ca/about_us/careers/senior-counsel.aspx
• Counsel for its Edmonton office. View full description at http://www.lawsociety.ab.ca/about_us/careers/counsel.aspx)
Senior Counsel:
This senior position is responsible for all legal services required by the Law Society, and participates as a member of the senior management group which provides management and strategic expertise to the operation of the society. The vision of the Law Society is to be a model regulator, and Senior Counsel is actively involved in pursuing that vision by ensuring the delivery of strategically focused and high quality legal services.
This leadership position reports directly to the Executive Director/CEO. This position leads a team of four lawyers and supporting staff, as well as retaining and supervising external counsel, to provide effective and efficient service. A minimum of 15 years of practice experience with excellent legal skills within criminal or civil litigation, administrative law, risk management and/or corporate law is required. A strong regulatory background would be an asset, as well as at least three years of management experience in a regulatory environment.
Counsel:
The Law Society is seeking an experienced lawyer to join its outstanding counsel team in Edmonton. Ideally, this position requires 10 or more years at the bar, with an emphasis on litigation, administrative law, risk management and/or corporate law. The position responsibilities include acting as counsel on behalf of the Law Society for hearings, appeals, and appearing at all levels of court as well as working with professionals to provide legal and strategic expertise to all Law Society departments and other committees.
The Law Society of Alberta is the self-governing body for Alberta's lawyers, whose mandate is to regulate the profession in the public interest. As a regulator, the Law Society sets standards and enforces those standards for Alberta lawyers. The Law Society of Alberta values diversity in its workforce and equal access to opportunity. All inquiries and applications will be handled with the highest level of confidentiality.
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Alberta Law Foundation Increases Legal Aid Funding by $10 million over Three Years
The Alberta Law Foundation Board of Directors recently approved a change in the Foundation’s annual contribution to Legal Aid Alberta for the next three years. Under current legislation, Legal Aid is entitled to receive an annual amount equal to 25 per cent of the revenue received by the Foundation from interest earned on lawyers’ general trust accounts in the preceding year. At current historically low interest rates, this would amount to about $2 million a year, but is still expected to leave Legal Aid with a cumulative deficit of almost $10 million by the end of its 2014 fiscal year.
The recent ALF approval will see the Foundation contributing the greater of $5.5 million and the 25 per cent statutory requirement in each of 2011, 2012 and 2013. Based on current forecasts, this represents an increase in ALF funding of $3 to $3.5 million each year, or about $10 million over three years. The additional support will provide greater stability and predictability to the Legal Aid Alberta revenue stream and is expected to enable Legal Aid Alberta to better meet the legal service needs of low income individuals all across Alberta.
The Alberta Law Foundation is an independent foundation established under the Legal Profession Act that receives the interest paid by financial institutions on lawyers’ general trust accounts. For further information see the Foundation website at www.albertalawfoundation.org.
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"No-Cash" and "Know-your-Client" Rules are Key in Fighting Money Laundering
A September 27, 2011 decision by the British Columbia Supreme Court of Canada states that the Rules of Canada’s law societies to fight money laundering are effective.
The Federation of Law Societies of Canada recently launched several initiatives to combat the threat of money laundering and terrorist financing, while also maintaining the public interest in a strong and independent legal profession. New client identification and verification rules along with “no-cash” rules are in place at the Law Society of Alberta.
In its judgment, the Court said the application of the federal Proceeds of Crime (Money Laundering) and Terrorist Financing Act and related regulations to the legal profession violate section 7 of the Canadian Charter of Rights and Freedoms, and is therefore unconstitutional.
The Federation argued that federal legislation is unnecessary because Canada’s law societies have already implemented rules requiring lawyers to identify their clients, and to not accept large amounts of cash from clients except in certain circumstances.
The Law Societies’ “no cash” rules restrict lawyers from receiving cash in amounts over $7,500. The Federation developed a “no cash” model rule, in recognition of the importance of anti-money laundering initiatives. Lawyers are also bound by strict “know-your-client” rules to ensure they are providing advice only to bona fide clients whose identity can be reliably ascertained.
Law Societies recognize that the legal profession must not be used to facilitate money laundering activities. Canada’s law societies promote these two objectives by adopting rules which protect the public and put clients first, while respecting basic constitutional values.
For more information on the Law Society’s client identification and verification and “no cash” rules, visit: http://www.lawsociety.ab.ca/lawyers/client_id.aspx
More information about the BC Supreme Court decision is available from the Federation at www.flsc.ca
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Benchers Approve 2012 Business Plan and Budget
At their Sept 29th meeting in Calgary, the Benchers approved the 2012 Business Plan and Budget.
The Practice Fee and the Assurance Fund levy will not increase for the next fiscal year. The Practice Fee will remain at $1700, while the Assurance Fund Levy will stay at $570.
The development of the 2012 Business Plan and Budget addressed these premises:
1. The Law Society needs to be adequately funded to properly carry out the day-to-day obligations of the Law Society, including its core regulatory obligations and the multi-year policy strategies and initiatives endorsed by the Benchers to serve the public interest.
2. The Law Society needs to ensure that business planning and budgeting reflect responsible financial stewardship.
The 2012 Business Plan and Budget comes into effect in the new fiscal year beginning November 1, 2011.
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Nominate a Lawyer for a 2012 Distinguished Service Award
Do you know a lawyer whose profession is their passion? Please consider nominating a lawyer for a Distinguished Service Award in any of four categories.
The Distinguished Service Awards celebrate excellence in the legal profession. Jointly awarded by the Law Society of Alberta and the Canadian Bar Association – Alberta, these prestigious awards recognize the many outstanding contributions Alberta lawyers make to the community, to the profession, to legal scholarship and in pro bono legal service.
The nomination deadline is November 21, 2011. Nomination forms and further details are available on the Law Society’s website at www.lawsociety.ab.ca To make a nomination, please include the following information:
• A statement detailing why the candidate is worthy of the award
• A curriculum vitae outlining the nominee’s background, career and any current activities
• A maximum of two letters of support for the nomination.
The 2012 Distinguished Service Awards will be presented at the Alberta Law Conference on Friday, January 27, 2012 at the Westin Hotel in Calgary, Alberta.
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New Case Management Pilot Project at Court of Queen’s Bench
The Court of Queen’s Bench of Alberta has commenced a Case Management Counsel Pilot Project in Edmonton and Calgary to assist in the orderly, proportionate, focused, and expeditious handling of civil files (including family) streamed into case management. The Pilot Project will address civil actions filed in the Judicial Centres of Edmonton and Calgary only.
Referrals to Case Management Counsel can be booked through the Case Management Coordinators. In Edmonton, Sharon Hinz at (780)644-7389 and in Calgary, Sheila O’Brien at (403)297-2455.
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