In this issue:
• From the President: Managing Risk in the Public Interest
• Executive Director's Report: Three Dimensions of Risk Being Strategically Managed
• Alberta Law Foundation Increases in Funding Provides Stability to Legal Aid
• "No-Cash" and "Know-your-Client" Rules are Key in Fighting Money Laundering
• Statutory Amendments Sought to Streamline Discipline Process
• Alternative Measures for Recommended Conduct Processes
• Business Plan and Budget Keeps Fees at Current Levels
• Positive Feedback on Trust Safety Program Received
• Law Society of Alberta Intervenes in Beaver Lake Cree Nation Case
• Calgary Family Lawyer Inducted into Alberta Order of Excellence
• Meet the New Executive Director: Marian De Souza takes the lead at the Alberta Lawyers’ Assistance Society
• Assist Offers Support to the Legal Profession
• Fall Back to Pro Bono!
• New Law Dean Shares Vision for University of Calgary Program
• Law Society’s Involvement Spurs Legal Assistance to Slave Lake
• Practice Review Committee assists Members, Ensures High Standards and Protection of Public Interest
• Calgary Lawyers Honoured for 50 Years of Service
• Ethically Speaking: Alberta's New Code of Conduct - Public Statements
• A Neutral Corner: A Critical Illness Checklist Key to Minimizing any Practice Disruption
• Developing a Proactive Approach to Continuing Competence
• Learning Modules on Code One of Many CPD Plan Opportunities
• Managing Risk: Credentialing Process Ensures Good Character
• Law Society Honours Lawyers with 30 Years of Service
• Summary of Disciplinary Matters
• Congratulations on Judicial Appointment to Provincial Court
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 From the President: Managing Risk in the Public Interest
By Douglas R. Mah, QC, President, Law Society of Alberta
We live in a world that is fraught with risk. The key to preserving life and happiness is taking reasonable and prudent steps to manage the risk appropriately.
Driving in the city or on the highway can be hazardous to your health. To minimize risk, you make sure your tires are adequately inflated and your vehicle properly maintained, you observe the rules of the road and you are wary of those who don’t follow the rules. You avoid distracted driving.
>>To read more, click here |
 Executive Director's Report: Three Dimensions of Risk Being Strategically Managed
By Don Thompson, QC, Executive Director, Law Society of Alberta
We talk a lot about risk and managing risk at the Law Society. Some readers may be wondering how risk management fits with our core function as a regulator of the legal profession.
At the Law Society, we define risk management as “managing the inherent risk of putting any professional lawyer in practice.” What does that mean and how do we do this?
>>To read more, click here |
Alberta Law Foundation Increases in Funding Provides Stability to Legal Aid
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.
>>To read more, click here |
"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.
>>To read more, click here |
 Statutory Amendments Sought to Streamline Discipline Process
By James Eamon, QC and Kevin Feth, QC, Benchers and Co-Chairs, Conduct Process Task Force, Law Society of Alberta
Amendments to the Legal Profession Act would enable the Benchers to implement more streamlined complaint and discipline precedures through rule making.
The Law Society of Alberta, through the Conduct Process Task Force, has actively sought to assess, enhance and improve its conduct process (complaints and discipline) process. In its thorough review, the Task Force found that overall there is an appropriate level of transparency and publicity, but improvements are possible in timeliness and efficiency without sacrificing fairness.
>>To read more, click here |
 Alternative Measures for Recommended Conduct Processes
By Kevin Feth, QC, Bencher and Chair, Conduct Process Task Force, Law Society of Alberta
In February 2011, the Conduct Process Task Force reported to the Benchers its conclusion that not all conduct unbecoming a member of the Law Society should be addressed through the formal disciplinary process. The Task Force recommended more robust alternative measures to divert members from the statutory conduct process where diversion would serve the public interest. As well, it recommended that under some circumstances, the Executive Director should be empowered to make the diversion to alternative measures.
>>To read more, click here |
Business Plan and Budget Keeps Fees at Current Levels
By Kevin Feth, QC, Bencher and Chair, Finance Committee, Law Society of Alberta
Practice Fees and the Assurance Fund levy for the 2012 fiscal year will remain at current levels as determined by the Benchers in approving the 2012 Business Plan and Budget at their Fall business meeting.
>>To read more, click here |
 Positive Feedback on Trust Safety Program Received
By Steve Raby, QC, President-Elect and Chair, Trust Safety Committee, Law Society of Alberta
Feedback received to date on the Trust Safety program has been positive and has been used to make changes to the application process and to the forms.
To date, the Law Society has received over 1,900 Applications to Operate/Register a Law Firm from law firms in Alberta, which also includes the exemptions from operating a trust account. As most law firms have a December year-end, the Law Society is still expecting to receive an additional 350 forms by the end of the year. It is expected that by the first quarter of 2012, a total of approximately 2,300 applications will be processed and approved.
>>To read more, click here |
Law Society of Alberta Intervenes in Beaver Lake Cree Nation Case
The Law Society of Alberta recently intervened in the Beaver Lake Cree Nation action and application to uphold the Legal Profession Act which ensures that lawyers practising in Alberta be competent and proficient.
Beaver Lake Cree Nation applied for a right of audience for six British barristers. The Law Society of Alberta intervened in this application to ask the Court to uphold the Legal Profession Act which permits only active members of the Society to act as barristers in Alberta courts.
>>To read more, click here |
 Calgary Family Lawyer Inducted into Alberta Order of Excellence
By Derek Sankey
Calgary matrimonial lawyer Patricia Blocksom, QC, has had a stellar year. Not only was she recognized with Alberta’s highest honour by being inducted into the Alberta Order of Excellence – one of only seven lawyers to receive the honour and the only female – but she was also recently recognized with the Canadian Bar Association’s 2011 Touchstone Award for her tireless work on equality and gender issues in the legal profession.
>>To read more, click here |
 Meet the New Executive Director: Marian De Souza takes the lead at the Alberta Lawyers’ Assistance Society
By Derek Sankey
Marian De Souza views her role as the Executive Director at Assist as the next step in a career that has always involved working closely with lawyers from many different backgrounds. Assist is a charitable society that helps lawyers, law students and their families with personal problems. “It just seems like a natural progression to work with lawyers on this level,” says Ms. De Souza.
>>To read more, click here |
Assist Offers Support to the Legal Profession
Lawyers Helping Lawyers: Assist provides peer support for Alberta lawyers to address personal and professional issues in a safe and confidential environment.
What is the Peer Support program?
• Peer Support occurs when someone shares their knowledge and experience, whether practical, emotional or social, to help another person.
• Peer Support is a voluntary service offered through Assist that can be used on its own or in conjunction with professional counselling services.
• Peer Support is confidential, within transparent legal & ethical boundaries, in all situations.
• All interactions are discreet, confidential, and respectful.
>>To read more, click here |
 Fall Back to Pro Bono!
By Dale Spackman, QC, Bencher and Director, Pro Bono Law Alberta
Pro Bono Law Alberta was established as the legacy project of the Law Society of Alberta during its centenary celebrations in 2007. Its vision is: “Creating and promoting pro bono opportunities for Alberta lawyers". Its mission is ”to improve access to justice by increasing the scope and availability of pro bono legal services to Albertans of limited means. Pro bono legal services are intended to compliment, not to replace, a properly funded legal aid system”.
>>To read more, click here |
.jpg) New Law Dean Shares Vision for University of Calgary Program
By Derek Sankey
When Dr. Ian Holloway decided to take on his new role as the Dean of Law at the University of Calgary, his vision was to help the Canadian legal profession become more “outward-looking” than it is used to being.
After serving as the associate dean at the Australian National University and a visiting professor of law at the National University of Singapore, Holloway spent more than a decade as the dean of law at the University of Western Ontario. He brings a global perspective that should help broaden the scope of discussion around a multitude of legal issues.
>>To read more, click here |
Law Society’s Involvement Spurs Legal Assistance to Slave Lake
By Scott Watson, QC, Bencher, Law Society of Alberta
The efforts of lawyers through a collaborative group assisted residents of Slave Lake in the aftermath of a destructive forest fire, but also increased the public’s understanding of the pro bono work of lawyers in emergency situations.
>>To read more, click here |
Practice Review Committee assists Members, Ensures High Standards and Protection of Public Interest
One of the most common issues identified by lawyers in their discussions with the Practice Review Committee is that they are overwhelmed with day-to-day issues such as too many files, shortage of qualified staff, and time constraints.
Other issues identified by lawyers include the immediacy of emails, changes in technology, and seeking a balance between their business and personal lives.
>>To read more, click here |
Calgary Lawyers Honoured for 50 Years of Service
On September 29, 2011, Long Service Awards were presented to two Calgary lawyers for 50 years of service. Law Society President Doug Mah, QC, presented certificates to Gerald W. Pittman, QC (left) and Steve Denecky, QC (right). The Honourable Arthur Morton Lutz was also honored for 50 years of service to the profession but was unable to attend the awards luncheon.
>>To read more, click here |
Ethically Speaking: Alberta's New Code of Conduct - Public Statements
By Ross McLeod, QC, Practice Advisor, Law Society of Alberta
Eddie Greenspan publicly responded recently to criticism from his client, Conrad Black. Mr. Black's recently published book,2 about his US fraud trial in 2007, questioned the effectiveness of Mr. Greenspan's legal representation. Mr. Greenspan’s choice of American co-counsel, judgment and even his health are targeted by the apparently dissatisfied client. It makes interesting and, perhaps for lawyers, entertaining reading. And, although it has provoked a fair measure of twittering, it helps to illustrate some changes to the new Alberta Code of Conduct.
>>To read more, click here |
 A Neutral Corner: A Critical Illness Checklist Key to Minimizing any Practice Disruption
By Jocelyn Frazer, Equity Ombudsperson, Law Society of Alberta
Consistent with the theme of this issue “ Managing Risk”, all lawyers, regardless of the stage that they are at in their career, or the setting in which they practice, should have a plan in place to ensure that client interests are protected in the event of their sudden illness, death, incapacity or impairment.
>>To read more, click here |
 Developing a Proactive Approach to Continuing Competence
By Jim Glass, QC, Bencher and Chair of the Continuing Competence Committee, Law Society of Alberta
In the interests of protecting the public and in developing a robust and proactive competence program, the Continuing Competence Committee has begun its work to examine competence and quality assurance programs from other professions and other law societies (both Canadian and International).
>>To read more, click here |
Learning Modules on Code One of Many CPD Plan Opportunities
By Susan V.R. Billington, QC, Policy and Program Counsel, Law Society of Alberta
As we near year end, now is a good time to make sure that you are on track with your 2011 CPD Plan.
>>To read more, click here |
Managing Risk: Credentialing Process Ensures Good Character
One of the aspects of managing risk at the Law Society is in the Credentialing process in which the Law Society ensures the good character and competence of new lawyers.
In the Credentialing process, the Law Society carefully screens law student applications along with their proposed principals. Weak new lawyers or weak principals may start on a risky foundation. In managing the risk of new lawyers, ensuring good character translates into lawyers beginning their law practices on a solid footing.
>>To read more, click here |
Law Society Honours Lawyers with 30 Years of Service
Congratulations to the following lawyers who are being honoured this fall for 30 years of active membership with the Law Society of Alberta.
>>To read more, click here |
Summary of Disciplinary Matters
In this Summary of Disciplinary Matters, the Law Society of Alberta seeks to educate and inform lawyers on its role as an independent regulator in the public interest. The hearing reports issued may correspond to the hearings held during this period, but may reflect hearings held earlier. In this issue, one of the reports are summarized below. All hearing reports are available at www.lawsociety.ab.ca under Lawyer Regulation/Hearings & Outcomes/Hearing Reports.
>>To read more, click here |
 Congratulations on Judicial Appointment to Provincial Court
The Law Society extends its congratulations to Janet Dixon on her appointment to the Provincial Court of Alberta.
The Honourable Judge Janet Dixon, formerly Senior Counsel for the Law Society, was recently appointed to the Provincial Court of Alberta.
>>To read more, click here |
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www.lawsociety.ab.ca
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Save the Date for the Law Society’s Plenary Session at the 2012 Alberta Law Conference
Erosion of the legal profession's monopoly - should this be bad news?
The Law Society’s plenary will explore what the monopoly is in today's world, who is making inroads, and whether such inroads can be justified as an access to justice solution.
Find out what the Law Society's recent surveys of the public and the profession tell us about these issues, and discover 10 things lawyers can do to help manage the erosion in this challenging environment.
The Law Society’s plenary session at the Alberta Law Conference will be held on Thursday, January 26, 2012 at the Westin Hotel in Calgary, Alberta.
Save the date in your calendars.
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Counsel Positions Serve the Public Interest and Protect Principles of Justice
Lawyers seeking to make a difference are encouraged to explore two Counsel positions which offer law practitioners an opportunity to serve the public interest and protect the fundamental principles of justice.
The Law Society is seeking a Senior Counsel for either its Calgary or Edmonton office, and a Counsel for its Edmonton office. This is an exclusive search. For more information or to apply, contact Sameera Sereda at 403-444-1763.
To read the complete job descriptions, please visit www.lawsociety.ab.ca.
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Real Estate Practitioners: Completing a Report Form for a Protocol Claim
By Lisa Sabo, Director, Insurance, ALIA
The Alberta Lawyers Insurance Association requests that real estate practitioners complete a claim report for a protocol claim.
The ALIA claim form is the same form for all claims. We ask that lawyers fill in the fields so that ALIA can track data and trends over the course of the ALIA program. The data being tracked provides very useful information for the operation of ALIA.
We do appreciate that filling out this information takes time away from a lawyer’s busy practice but we do need to gather the information necessary to properly process this matter.
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Red Flags Which May Indicate Fraud
Fraud is a real and growing problem for all lawyers, law firms and their staff. The Law Society strives to provide information about fraudulent schemes targeting Alberta lawyers, and share tips to help lawyers prevent frauds and losses from occurring. It is important to become familiar with the indicators listed below and to know the Law Society’s client identification and verification rules. If you are suspicious the matter you are handling may be fraudulent, please contact the Law Society.
You may be dealing with fraud if:
- An email solicitation is received for legal services that allege a referral from an out of province or out of country lawyer/law firm.
- A client ignores client identity or phone number requests, or when subsequent correspondence to the request is sent and there is no acknowledgement that there was a request.
- Clients offer to pay higher than normal legal fees. This is rarely seen now as “suspected fraudsters” are tending to ask targeted legal practitioners to enclose a retention agreement and particulars in return correspondence.
- An email solicitation is received on behalf of a corporation that is not referenced in the sender’s email address (Gmail, Yahoo, AOL, MSN would be considered red flags).
- Debtors want to settle the debt in a quicker than usual manner sometimes before the practitioner has even taken any action.
- A settlement cheque is received that was drawn on a corporate account that is clearly outside the address parameters of all correspondence. For example a Calgary lawyer in contact with client from Japan dealing with a Calgary debtor, receives a settlement cheque from XYZ company located in California.
- An unannounced client arrives in your office and satisfies all new client criteria. They provide a business cheque for deposit to a trust account. The service requested is to pay invoices on behalf of the new client’s business. This usually happens near closing at the end of the business week or the beginning of a holiday period. Invoices arrive before the cheque clears banking process and disbursements are made from the trust account.
- There is a sense of urgency to the transaction. The client’s business is small and cash flow is strained with the current economy being to blame. Debt is settled immediately and the client requests immediate disbursement (less legal fees) to his/her off shore business account. The debt settlement cheque is returned as fraudulent and the trust account is short.
- There are inexplicable irregularities in the accompanying documentation. This is generally a common debt collection “scam”. Page one of the documentation will indicate the debtor to be a certain person, yet the loan agreement documentation has a totally different name appearing as the debtor. The amount of the debt or the maturity date of the loan could also have changed.
- Any deviation from normal protocol…if it sounds too good to be true, it usually is.
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Letter from the Chief of Justice at the Court of the Queen's Bench
October 7, 2011
Dear Members of the Bar,
The Alberta Lawyers Assistance Society (Assist) is an independent, charitable society that helps Alberta lawyers, law students and their immediate families with personal issues.
As Chief Justice of the Court of Queen’s Bench of Alberta, I believe it is important to support Assist and the work it does for our legal community.
There is a program for judges with a similar aim. The role of lawyers and judges alike is one that is marked by high expectations. Making good decisions sometimes involves taking positions that may not be popular. Positions taken and represented are often subject to the scrutiny of peers and the public. This, among other things, leads members of the profession to experience unique pressures.
The need to maintain a professional image of competence, while meeting the significant responsibility as lawyers and judges make it difficult to ask for help. There is no shame in seeking the support of a professional or a peer, when needed.
Assist has a history of lawyers helping lawyers. In addition to professional counselling services, Assist has embarked on a formalized peer support program. The program matches lawyers encountering struggles with a lawyer who has an understanding of the issue and is willing to offer encouragement and hope. This is a significant initiative towards prevention. I encourage you to avail yourself of these confidential services and for you to support a colleague or family member, if help is needed. On the other hand, you may want to participate as a peer support volunteer, committee or board member and enjoy the fulfillment this unique opportunity affords.
Your involvement in Assist will help strengthen the profession and the legal community.
Yours truly,
Neil C. Wittmann
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Calgary Legal Guidance To Celebrate 40th Anniversary
On Thursday, February 23, 2012, Calgary Legal Guidance will be celebrate 40 years of service with a fundraising Anniversary Dinner at Hotel Arts in Calgary.
The reception begins at 6:00 p.m. followed by dinner with the event program beginning at 7:00 pm. Individual tickets are $150 and tables of eight are available for $1,200. Tickets to the fundraising dinner can be ordered at www.clg.ab.ca
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Client Identification and Verification Rules Minimize Risk
Client Identification and verification rules are based on a model rule which was developed as part of a national initiative to fight fraud and money laundering.
Identification requirements apply whenever a lawyer is retained to provide legal services of any nature to a client. The lawyer must obtain basic identification information about individual or organizational clients in every retainer.
In the verification process, information gathering goes beyond obtaining basic identification, and requires that the lawyer make reasonable efforts to obtain and retain copies of information which may be used to confirm that the client is who or what they say they are.
For more details, visit www.lawsociety.ab.ca.
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A Missing Will is Sought
Sylvia Edgar is currently looking for the will of her late brother Larry Eugene Field.
The will was possibly completed by a lawyer in Northeast Calgary. If you have any information please contact Ms. Edgar at 403-227-2976
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The Benchers and Executive Leadership Team
Douglas R. Mah, QC, President
Stephen Raby, QC, President-Elect
Larry Ackerl, QC
Neena Ahluwalia, QC
Rose Carter, QC
James Eamon, QC
Dennis Edney
Ron Everard, QC
Fred Fenwick, QC
Kevin Feth, QC
James Glass, QC
Carsten Jensen, QC
Sarah King-D’Souza, QC
Adam Letourneau
Roy Nickerson, QC
Frederica Schutz, QC
Donald Scott
Dale Spackman, QC
Scott Watson, QC
Tony Young, QC
PUBLIC REPRESENTATIVES
Miriam Carey, Ph.D.
Wayne Jacques
Larry Ohlhauser, MD
Amal Umar
EXECUTIVE LEADERSHIP TEAM
Don Thompson, QC,
Executive Director
Howard Kushner,
Deputy Executive Director - Regulation
Michael Penny, QC,
Director, Policy & Research
Greg Busch,
Director, Lawyer Conduct
Lisa Sabo,
Director, Insurance
Drew Thomson,
Director, Corporate Services
Andrew Norton, Director, Information Services
Nona Cameron,
Director, Human Resources
The Advisory is published four 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
Editors
Sheila Serup
Allison Jacoby
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Myron Advertising + Design
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