Practising Law With Joy PAGE 12

BEATING PROCRASTINATION | STRESS REDUCTION | MAINTAINING BALANCE

JUNE 2015 | bartalkonline.org

2 BARTALK / JUNE 2015

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STAFF CONTRIBUTORS

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Paula LaBrie Stuart Rennie

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Judy Yen

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news&eventsSAVE THE DATE — CONFERENCE IS IN VANCOUVER

EARLY BIRD REGISTRATION OPENS END OF MAY

The Font at the End of the Universe by Tony WilsonLETTER TO THE AUTHOR – RESPONSE TO THE FEBRUARY 2015 ISSUE

I just read your piece in the most recent print edition of the CBABC BarTalk on fonts.

It’s a seemingly mundane topic that has intrigued me since I opened my practice three years ago. As you point out, it actually does matter. A lot. It is not coincidence that Times New Roman is called that, as it was developed by the Times of London and was meant to be easier to read than existing fonts.

You may have heard of Matthew Butterick, but, if not, then I thought you might be curious to read more about him. Matthew Butterick com-mands mountain tops on typography for lawyers. In fact, it’s what the Har-vard and UCLA educated lawyer called his book: Typography for Lawyers.

There is a lot more than just fonts that goes into making something

readable, as you know. It is extremely important for litigators in particular: if your written argument is more aes-thetically pleasing and easier on the eyes to a judge than your counter-part’s, then the hope is that he or she will spend more time absorbing that argument than rubbing one’s eyes.

Anyway, thanks for this timely piece. Many lawyers feel hidebound to the existing fonts, as you point out, just because they are the exist-ing fonts. It is a matter that I hope the courts consider in relaxing the rules and practice directives on fonts. This is especially true as courts move to e-filing and PDFs. As But-terick points out, a font that looks great on screen might look terrible on the printed page and vice versa.

— Michael McCubbin

JUNE 2015 / BARTALK 3

ContentsVOLUME 27 / NUMBER 3JUNE 2015

Departments4 FROM THE PRESIDENT Putting the Lessons to Work by Alex A. Shorten

5 EXECUTIVE DIRECTOR Out With the Old by Caroline Nevin

6 PRACTICE TALK Time Management by David J. Bilinsky

7 DAVE’S TECH TIPS8 NOTHING OFFICIAL I’m Conducting an Opinion Poll!!! by Tony Wilson Sections 10 SECTION UPDATE Pensions and Benefits Law Intellectual Property & Technology Law Maritime Law Young Lawyers – Victoria

11 CHATTER WITH CHAIRS Michael Butterfield: Alternative Dispute Resolution (ADR) – Victoria Section Features12 PRACTISING LAW WITH JOY by Linda K. Robertson13 BEATING THE PROCRASTINATION HABIT by Allison Wolf

14 MINDFULNESS-BASED STRESS REDUCTION AND MEDITATION by Susan Burak

20 FIVE TIPS FOR MAINTAINING A HEALTHY SENSE OF BALANCE WHILE PRACTISING LAW by Jerry Steele

21 RELIGIOUS LEGAL SYSTEMS IN CANADA by Michael Welsh

Guests 9 WHAT’S IN IT FOR ME? by Jennifer Lau

19 CBA YOUNG LAWYERS by Stephanie Markovich

Inside This IssueIn any demanding profession that has a customer service focus, it is just a matter of time before one’s work life balance is out of kilter. This can last for a day or, taken to extremes, it can become a way of life. The articles in this issue will introduce you to, or remind you of, certain tools and practices that can help balance your work and your life so that you achieve a state of Zen in all that you do. While aiming to tap into this elevated state, we thought it was fitting to include an article on the religious legal systems in Canada. Stay healthy and enjoy the read.

News and Events2 WLF Leadership Conference Letter to the Author 22 Meet Your CPD Requirements in 2.5 Days Thriving or Just Surviving? 23 The Progressive Law Firm Health & Wellness TIPS Building a Better Lawyer – CBA Legal Conference 24 2015 CBABC Women Lawyers Forum Awards Luncheon CLEBC Update 25 BC Legislative Update Branch & Bar Calendar Photos of WLF Retreat in Kamloops 26 Tips from Courthouse Libraries BC Is Newer Better? Not Always Virtual Legal Help 27 Photos of Law Week 2015 Also In This Issue27 LAW FOUNDATION OF BRITISH COLUMBIA28 PROFESSIONAL DEVELOPMENT29 DISPLAY ADS30 BAR MOVES31 NEW MEMBERS

Click here for LEGAL OPPORTUNITIES and ads

4 BARTALK / JUNE 2015

FROM THE PRESIDENTALEX A. SHORTEN

Putting the Lessons to Work Listening to the signs

of the advice I have received on living a balanced life and dealing with stress throughout most of my career, and certainly before I was called to the Bar. Being a bit of a perfectionist and a first-class worrier forms most of the barriers that I have erected to keep out good advice from all who dared to help. Perhaps a Zen approach would have helped. Perhaps it still can. After all, we can still continue to learn no matter what stage of our career we may be at.

From time to time, I did let a little light in and learned a few lessons. Today I still fret and worry, but not about everything. Stress is still a factor, but again I handle it a lot better today than 10 years ago.

So what has worked for me?�� Little by little, I started listen-ing to my family, friends and colleagues who recognized the danger signs.�� I received a wake-up call when I lost two of my best friends to career and life-style-related

early deaths. I and others did not confront them about the ob-vious signs they were displaying and they did live their lives as they thought they should so who was I to question? Both were outstanding lawyers, and if helped and if they accepted help, they might be alive today. �� I learned that if I delegated work to people smarter than me they would do most of the work that produced stress for me.�� I found that team work not only resulted in getting a lot more work done, it helped build up in me a recognition that I could rely and trust others to do the work, and then turn my skill set to other uses such as coaching and mentoring.�� I discovered that being a perfec-tionist was neither needed nor a useful quality.

�� I became involved in volunteer work resulting in an increase in my contacts with all sorts of people who were willing to talk about their stress issues. This gave me a chance to make a few suggestions about not letting the law consume them and en-

danger relationships and health. �� I learned how to refer prospect-ive clients to others.�� My wife and I rescued dogs. Roscoe managed our lives for 10 years and now Charlie has been in charge of stress manage-ment for the last four years.Wellness is an important issue

for CBABC and for our members. Go to our website cbabc.org and check out the resources avail-able to the Legal Community and all the incredible information available to help those lawyers in crisis and those listening and practising wellness.

The theme of this BarTalk issue is “Zen and the Art of Practising Law.” According to Wikipedia, “Zen is a school of Mahayana Buddhism. Zen emphasizes rigor-ous meditation-practice, insight into Buddha-nature, and the personal expression of this insight in daily life, especially for the benefit of others. As such, it de-emphasizes mere knowledge of sutras and doctrine

and favours direct understanding through zazen and interaction with an accomplished teacher.”

It’s interesting to learn more about Zen – it’s another to put the “art of it” into practice. It is also a bit ironic that I am writing an article on wellness as I have, to my detriment, ignored most

Alex A. Shorten president@cbabc.org

JUNE 2015 / BARTALK 5

EXECUTIVE DIRECTORCAROLINE NEVIN

Out With the Old Spring has sprung, and it’s time for renewal

simple rules that appear in one form or another in many of those sites (do feel free to share your own too, please).

RULE #1 – EVERYTHING HAS A PLACE (OR TIME) The basic idea is that the more you make things predictable and intuitive, the less brainpower and time you spend on things that aren’t so important (like searching for keys, matching a container and its lid, or spor-adically clearing e-files). Check out unclutterer.com for some great tips on this.

RULE #2 – ONLY KEEP WHAT YOU NEED OR LOVE Clutter is simply postponed de-cisions – the things, activities and people we truly need or love are much fewer than what we now have in our lives; we’ve just not yet made decisions about what to do with the rest. Now is the time.

RULE #3 – KNOW WHY THE CLUTTER GOT THEREClutter is whatever gets in the way of what matters most. Often, it is “emotional clutter” – be-longings, habits and beings we keep in our lives solely because of un-resolved issues about the past, fan-tasies or worries about the future, or self-criticism of actions taken or not taken. Identifying and analyzing your personal reasons for holding on helps you assess what’s worth keeping and what gets in your way. Most decluttering sites advise jour-naling as you begin examining the clutter you have kept and why.

RULE #4 – THIS IS A PROCESS, NOT A TASK New habits take time to develop. The trick is to do it in small chunks, and just keep doing it. The more you learn about what you truly value, and the more you practice applying it, the easier and faster the process of life de-cluttering becomes.

RULE #5 – “GOOD ENOUGH” REALLY IS. Perfect is the enemy of Good. Cele-brate when you’ve made prog-ress, and be vigilant about not using imperfection as an excuse to stop trying.

De-cluttering isn’t just for indi-viduals, it’s useful for organizations as well. Here at the CBA, we are fully engaged in a very important re-newal process called CBA Re-Think. We are looking at every-thing the CBA cur-rently does, examin-ing why we do it the way we do now (or

why we do it at all), and wheth-er we’re providing what lawyers truly value. The objective is to make decisions that create “space” and resources for the things that lawyers say they most need and want, for now and for the future. We need you to get directly in-volved in this process in order for it to work – a Virtual Community is being established for everyone to provide their input and ideas, and there will be in-person work-shops across the country, includ-ing June 19 in Vancouver. Please join in this important process and help us renew the CBA!

When the first weeks of spring start to green our view, there is an inevitable release of winter blahs and the world seems full of potential again. We feel rejuvenated, in-spired and resolutely resolved to do better and be better. Now is the ideal time to de-clutter, streamline and re-prioritize our life,

we think. So, once again, we dive into the task of clearing and clean-ing, re-discovering what we truly value, and creating an en-vironment that supports – rather than addles – our mental, physical, financial and spiritual health.

There are no end of resources to help de-clutter our lives. Google “de-clutter” and you’ll be faced with a daunting mountain of webpages to visit. Ironically, there’s a lot of clut-ter about clutter. To save you some time, I will list a few

Caroline Nevin cnevin@cbabc.org

GO ONLINE FOR MORE INFORMATION

6 BARTALK / JUNE 2015

DAVID J. BILINSKY

practicetalkTime Management Achieving a Zen-like state

forgotten to do something – only you can’t remember quite what. It may have been to insert something in the contract you were drafting that was due today. Or it may have been to file something that was due.

Good time management skills provide us with more than just our recollection of all the things we need to do. They free up our brain to do the important work and give you greater focus on do-ing what you need to do as they systemize how to organize and accomplish tasks. Here are some ways to do this:�� WRITE THINGS DOWN: Keep-ing everything in your head wastes mental energy and can cause stress in thinking that you have missed something along with generating a sense of being overwhelmed by tasks. Accord-ingly, write things down on a to-do list (or two: one for work and one for home).�� PRIORITIZE: All tasks have two at-tributes: urgency and importance. Do the urgent and important first

(crises and pressing problems), then not urgent but import-ant (longer term projects that will pay off), then urgent but not import-ant (interruptions, phone calls, emails) and lastly not urgent and not important (time wasters).�� SCHEDULE YOUR TASKS: Take your calendar for the day and block off times and match them to tasks. Appointments are commitments to do tasks within a set time.�� AVOID DISTRACTIONS AND IN-

TERRUPTIONS: Create the quiet time you need. Close the door, put the phone to voicemail and turn off the email. You can’t work well when you are interrupted.

What else can you do? �� FIGURE OUT WHAT TIME IN THE DAY YOU DO YOUR BEST WORK. Use that time for your highest priority tasks.�� CREATE A ROUTINE. Routines become good habits. Good habits

create results. Results generate re-spect and positive reinforcement.�� PUT A NOTE ON YOUR DOOR: Tell people when you will be available in your voicemail and block off the time in your Out-look calendar. People will re-spect your need for quiet time.

�� CLEAN UP YOUR WORK ENVIRON-MENT: Clutter creates distractions.�� SAY NO TO UN-

NECESSARY TASKS WITH GRACE: Suggest others who could do these requests.�� BREAK BIG JOBS

INTO SMALLER COM-PONENTS: Start in on

the first component. Chances are that the job will not seem so daunting.�� TOUCH THINGS ONLY ONCE: Task it, say no, respond quickly if you can, but deal with it.Good time management is good

practice management, which is a great way to prevent errors, re-duce complaints and avoid lost evenings spent doing something you forgot. See the power of the hands of time.

r Time divine, from gilded eyes, see the power of the hands of time... r

– Music and Lyrics by Hinks, Musto, Rue, Shepherd and recorded by Aeon Zen

Good time management. Achieving this is truly a Zen-like state where you accomplish all that you wished to do by the end of the day with time to spare for more enjoyable activities. However, aside from becoming a more efficient and effective lawyer, there are other risk management reasons for in-creasing your time management skills. All

of us are working on important things when the phone rings, someone pops into our office or our email program “dings.” During this interruption you may get the feeling that you have

David J. Bilinsky is the Practice Management Advisor for the Law Society of British Columbia. Email: daveb@lsbc.org Blog: thoughtfullaw.com

The views expressed herein are strictly those of David Bilinsky and do not reflect the opin-ions of the Law Society of British Columbia, CBABC, or their respective members.

JUNE 2015 / BARTALK 7

What tech resources are out on the web to assist when it comes to time management?

Here is a selection:

Remember The Milk (rememberthemilk.com) This free cloud-based applica-tion will allow you to carry your Personal, Work and Study To-Do lists with you on your smart-phone, desktop, laptop, tablet and more. You can set remind-ers and priorities, and with the Pro version, sync your lists to Outlook, BlackBerry and Win-dows Mobile. You can email tasks directly to your inbox. You can organize your To-Do’s and use the Weekly Planner to plan out how to accomplish your tasks. You can email yourself things that you need to do from any email application and they will show up in your inbox in Remember the Milk.

Rescue Time (rescuetime.com) This is another cloud-based application. It tracks the time you spend on your computers working on applications and on websites by start time and end time. It measures the time you spend “in focus,” or what you are paying attention to and not what

you have open. If you leave your machine, it stops tracking. You can set goals such as spending one hour or less on email, for example. It has another great feature along with its tracking and reporting features: it can block specified websites for set times and allow you to focus on what you need to get done. It comes in free and premium versions.

1Password (agilebits.com/onepassword) How much time do you waste in a day trying to remember passwords for your bank, web-sites and more? Or worse yet, do you use the same password for multiple accounts? 1Password users strongly recommend this password manager and digital wallet. It generates strong passwords and will allow you to keep secure notes for things that you want to keep private. This application can be used locally without syncing anything on the Web or, if you wish, you can use it on all your devices by placing your encrypted vault in Dropbox, iCloud or shared network folders. You can also set up multiple vaults. You can use it in Win-dows, OS X, Android and iOS and it has plugins for Chrome, Firefox, Opera and Safari.

FitBit Flex (fitbit.com) The FitBit Flex is a wearable fitness wristband that helps you track your daily activity in terms of steps, distance, calories burned and active minutes. It tracks how long you slept and the quality of

your sleep. It buzzes when you have achieved 10,000 steps in a day (the first time mine did this I almost jumped out of my skin!). It syncs wire-lessly to your computer and smartphone. You can log additional activities such as biking, skiing, running and more. As you achieve your fitness goals, you get email reminders and badges that reinforce your progress. You can also track drinks of water and calories eaten in the food log section. If what gets measured gets done, the FitBit is a fun and novel way to keep on top of your fitness goals.

Google Now (google.ca/landing/now/) Yet another service by Google, Google Now uses “Cards” to deliver information to you on matters that are important to you without you having to go and fetch them. It is available for iOS, Android, PCs and Macs, Google Glass and other wearable tech-nologies. To use it on a computer you need to install Chrome, then sign into Chrome and open the Notification center. On an iPhone you need to download the Google App (it is installed already on Android devices). Once installed and signed on, you can select Cards from categories such as “Manage My Day” or “Be a Local.” Traffic and transit cards let you navigate efficiently. Appointment cards can alert you to upcoming events. You can use event or time reminder cards, and many, many more.

© 2015 David J. Bilinsky

dave’s techtips

8 BARTALK / JUNE 2015

nothingofficialTONY WILSON

I’m Conducting an Opinion Poll!!! How can we improve Articling and PLTC?

Although there are articling pro-grams throughout Canada, skills training and “Bar admission” is done differently in each jurisdic-tion. For example, Alberta, Sas-katchewan and Manitoba have a Bar admission program called the Canadian Centre for Professional Legal Education Program (CPLED), which is mostly completed online during the students’ articles.

On the other hand, Ontario has three streams: absolutely no skills training (or any Bar admission pro-gram whatsoever) for those with traditional articles (but with rigor-ous exams that apparently scare the willies out of most people); a par-tially online skills training program and subsequent co-op placement regime called Law Practice Pro-gram (LPP) for those who weren’t able to secure traditional articles; and Lakehead’s integrated artic-ling-during-law-school approach.

BC’s PLTC is a bit unique be-cause it’s a live, in-person, 10-week program conducted from the Law Society’s building in Vancouver

three times a year, and in Victoria and Kam-loops once a year for students in the Victoria area or the interior, re-spectively. PLTC is 31 years old, al-though the curriculum and teaching methodology is regularly updated.

So here’s what I want to know from anyone who reads my columns.

Do you think there is still a role for articling in British Columbia? Should we keep it or scrap it? Is there anything we could do to re-form it to make it better?

What did you think of PLTC, even if you took it decades ago? Was it a valuable transition to practice? What did you learn that was the most useful and why? Was there anything that ought to have been taught at PLTC that wasn’t? Is there anything that you would change and why?

Knowing that Alberta, Saskatch-ewan and Manitoba have an on-line skills training program that is conducted during articles, would you prefer to replace PLTC with an

online program like CPLED? If so, why would you replace a live skills training program with an online one?

Appreciating that an online pro-gram would likely be held concur-rently with articles, would your students have enough time, while articling at your firm, to commit to

the equivalent of a 10-week program online? And will you tell your students that the online PLTC is a priority dur-ing articles? Without trying to bias my little survey here, how will students be able to com-plete a new online pro-gram if they’re always expected to be working?

For those small firms that don’t like losing their students halfway through the year to PLTC, is there another way that we could make your lives easier within the trad-itional PLTC model?

Should PLTC be integrated within the curriculum of the law schools?

Should articling be reduced for those who have completed clinical programs like UVic’s Law Centre?

And finally, how prevalent is un-paid articles?

Anyway, these are the sorts of things I’d like to know. Email me at twilson@boughtonlaw.com with your thoughts. Maybe… just maybe… we have the best ad-mission program in Canada and nothing needs to be changed at all.

Being a Bencher is more fun than a barrel of monkeys. It re-quires way more unbillable (and sometimes thankless) time than you could ever, in your wildest dreams, imagine. But it’s rewarding, and somebody has to do it. Much of the heavy lifting in this job is done in the Hearing Panels we’re all in-volved in, and in the Committee work. In my case, as Chair of Lawyer Education Advisory Committee, we’re tasked, as

part of our strategic plan, with reviewing the Admissions Program, which is comprised of the Professional Legal Training Course (PLTC) and articling. As part of that exercise, we’re undertaking a poll of second and third year calls and asking them specific ques-tions with respect to their experience in PLTC.

What I’d like to do here is to open up a dialogue with every-one in the profession who has an opinion on articling and PLTC.

The views expressed herein are strictly those of Tony Wilson and do not reflect the opin-ions of the Law Society of British Columbia, CBABC, or their respective members.

JUNE 2015 / BARTALK 9

As a career counsel-lor at a law school, I have the pleasure of being one of many to greet the incom-

ing students every September, and to congratulate the graduating students every May. Whether the students are beginning their law school journey or continuing on with the next step toward becom-ing full-fledged members of the legal profession, some pieces of advice always stay the same – re-member what brought you to law school in the first place, be good to those around you and get involved in your community.

Section 2.2-2 of the Law Society of BC’s Code of Professional Con-duct for British Columbia (the “BC Code”) holds that “a lawyer has a duty to uphold the standards and reputation of the legal profes-sion and to assist in the advance-ment of its goals, organizations and institutions.” This includes an exhortation to enhance the pro-fession through activities, among others, such as:�� Sharing knowledge and experi-ence with colleagues and stu-dents through publications, law school projects and teaching of legal education courses;�� Providing legal services on a pro bono basis, or participating in other legal aid programs; and�� Filling elected and volunteer positions, including board roles, within various non-profit and

charitable organizations, in-cluding the Law Society, Bar as-sociations, and other groups.To support its members in their

community involvement efforts, the Law Society of BC has desig-nated specific pro bono programs as approved for insur-ance coverage pur-poses. All deductibles and surcharges are waived for Law So-ciety of BC members in good standing who provide pro bono legal services through these programs. In plain language, this allows non-practising and retired lawyers, or in-house counsel, to provide pro bono legal services without having to pay for insurance: accessprobono.ca/in-surance-coverage.

The approved pro bono pro-grams as of January 1, 2015 are:�� Access Pro Bono Society of BC (Summary Advice Program, Civil Chambers Program, Ros-ter Program, Paralegal Program, Children’s Lawyer Program)�� Artists Legal Outreach – The Alliance for Arts & Culture�� Multiple Sclerosis Society of Canada Volunteer Legal Advo-cacy Program Regardless of where you work

in the legal profession – large firm, small firm, corporate in-house counsel, government or public in-terest – community involvement is

of crucial importance for lawyers and law students. Not only will giving back to your community improve your sense of well-being, it will also benefit your own career development. Volunteer experi-ence can help demonstrate your interest in a particular practice area or field to a potential em-ployer. For individuals with lim-ited work experience, community involvement presents an excellent opportunity to develop transfer-able skills for the practice of law.

If you are a new call who is looking for a paid position, con-

sider maintaining your non-practising membership and vol-unteering with one of the Law Society of BC’s approved pro bono programs. Not only will you continue to develop your prac-tical legal skills, you will also network with other lawyers through

your work for these organizations. Finally, your community in-

volvement need not be law-relat-ed. Your day job might pay the bills, but your volunteer commit-ments can help fuel your passion (or perhaps simply your desire to see more Canucks games, as in the case of a lawyer friend who volun-teers with the Canucks Fund and now sells 50/50 tickets at Rogers Arena on a volunteer basis). Re-gardless of your motivation, find a cause or an organization that aligns with your interests and get involved today.

Jennifer Lau is the Associate Dir-ector, Career Services at Peter A. Allard School of Law at the Uni-versity of British Columbia.

JENNIFER LAU

What’s In It For Me? Why community involvement is important

guest

10 BARTALK / JUNE 2015

sectionsMaritime Law

uOn March 31, 2015, the Maritime Law Section

held their monthly meeting at Whitelaw Twining in Vancouver, BC. The meeting discussed various relevant topics and cases. Section secretary David Jarrett from Bernard LLP led the discussion on the status of the implementation of the Hazardous and Noxious Substances Conventions in Canada. David also provided a case comment on Norwegian Bunkers AS v. Boone Star Owners Inc., 2014 FC 1200. David McEwen, QC of Alexander Holburn Beaudin + Lang LLP provided a case comment on Snow Valley Marine Services Ltd. v. Seaspan Commodore (Tug), 2015 FC 304, and Gary Wharton of Bernard LLP provided a case comment on Ehler Marine & Industrial Service Co. v. M/V Pacific Yellowfin (Ship), 2015 FC 324. The meeting concluded with enthusiasm and excitement for the annual June outing. This year the event will be held on June 5–7, 2015 at the Semiahmoo Resort, Golf and Spa. This event will be filled with fun activities and members are encouraged to bring their family members to join. Meeting minutes can be found on the CBABC Section web page.

Pensions and Benefits Law

u On April 13th, the Pension and Benefits Law Section was

pleased to have Gordon Cum-mings from D&H Group LLP Chartered Accountants and Avi-nash Maniram from PBI Actuarial Consultants Ltd. discuss non-law-yer roles in pension and benefits

SECTION UPDATE

Keep Current A review of provincial Section meetings

Young Lawyers Victoria

Upcoming Event: July 9, 2015 Event: Young Lawyers – Victoria Annual Golf Tournament Location: Cordova Bay Golf Course, Victoria

Pensions and Benefits Law

Meeting in Review: April 13, 2015 Speakers: Gordon Cummings, Principal at D&H Group LLP (left) | Avinash Maniram, Group Benefits Consultant at PBI Actuarial Consultants Ltd. (right)Topic: Non-Lawyer Roles in Pension and Benefit Plan Administration

Intellectual Property & Technology Law

Meeting in Review: April 14, 2015 Speaker: Christopher Robinson – Partner at Smart & BiggarTopic: Current Trends in Canada for Life Sciences and Pharmaceuticals

Maritime Law

Meeting in Review: March 31, 2015 Speaker: David Jarrett, Bernard LLPTopic: Various Relevant Topics and Cases about Maritime Law

JUNE 2015 / BARTALK 11

plan administration. Avinash first presented on the role of benefits consultants, starting with needs analysis and plan design, and con-tinuing through vendor selection, plan implementation and mon-itoring. He discussed the evolving nature of the consultant’s role and the areas in which he works with other service providers and ad-visors (including legal counsel) to manage benefit programs. Gordon then explained the many roles that the accountant may play in pension and benefit plans, includ-ing bookkeeping and record keep-ing, tax advising, internal control functions, auditing and financial statements. He discussed how these various roles interact with one another and addressed cur-rent issues facing the accounting profession. The meeting in June will focus on the new Pension Benefits Standards Regulations.

Intellectual Property & Technology Law

u The landscape of intellectual property law, with respect

to life sciences and pharmaceut-icals, is ever-evolving in Canada. Chris Robinson, partner at Smart & Biggar and one of Canada’s most knowledgeable experts in the field, led a presentation and discussion on recent develop-ments in the life sciences and pharmaceuticals industry, and discussed trends that are likely to be seen in the near future in this complex area of law. Topics in-cluded sound prediction, promise of the patent and subject-matter issues. The meeting was well attended. Meeting minutes and a copy of the webinar record-ing can be found on the CBABC Section web page. Topics for the

Intellectual Property and Tech-nology Law Section’s summer 2015 meetings will include cloud computing and copyright.

Young Lawyers Victoria

uOn July 9, 2015, the CBABC’s Young Lawyers – Victoria

Section will hold its annual golf tournament and AGM at the Cordova Bay Ridge Golf Course. The tournament is a great opportunity for those new to the profession to meet other young lawyers and build connections in their legal community.

The Young Lawyers – Victoria Section hosts several social events throughout the year – all of which are important to the health and wellness of its members – and the golf tournament is no different. The first years of practice are especially challenging. Social events are a chance to speak with other young lawyers about common challenges and ways to deal with them. All skill levels are welcome at the tournament. If golf isn’t your thing, feel free to come out just for the BBQ and meet some of the other young lawyers in your community!

Michael Butterfield Alternative Dispute Resolution (ADR) – Victoria Section

Michael Butterfield articled with MacIsaac & Company, practising personal injury law. After a brief stint with the Crown Prosecution, he opened Butterfield Law practising criminal and family law. After 12 years of practising of high conflict family litigation, Michael took a year’s sabbatical from

practice. Upon his return to practice, he moved from “very high-conflict litigation to results-oriented resolution practice.” He has a wide range of experience in resolving conflict through negotiation, mediation and collaborative law. In 2013, Michael’s goal was to make the most of his CBA membership: he became the Chair of the ADR – Victoria Section and was actively involved with CBA National ADR Section. In his opinion, Sections not only provide an opportunity to network but to expand one’s knowledge in other areas of law and gain an invaluable source of education. Michael was able to resurrect the dormant ADR – Victoria Section that was suffering from low attendance, creating Section meetings that focused on relevant ADR topics benefiting lawyers of all disciplines. With the support of lawyer Elena Merritt and retired lawyer Michael McHugh, the Section is hosting a three-part Effective Dispute Resolution Advocacy series designed to help add ADR to every lawyer’s toolbox. The third part will be hosted in June, and will provide tips on Arbitration. “One of the greatest strengths of our series has been to give lawyers the tools they need to make the most of the ADR options.” The recordings will be available online. Although Michael is stepping down from the Executive he plans on staying an active Section member and returning to the Executive in the future.

CHATTER WITH CHAIRS

12 BARTALK / JUNE 2015

featuresLINDA K. ROBERTSON

A 2007 American Bar Association survey cited in The Happy Lawyer found that fifty-five percent of

lawyers are not happy with their careers. While many love the law, lawyers are frequently unhappy with their work environments.

Studies show that the top five criteria for happiness at work (for workers generally, not just law-yers) are autonomy, respect, the belief that your work is import-ant, opportunities for growth and appreciation. Money does not ap-pear in the top criteria. For most people, you can’t pay them enough to work in a place where they are bullied or the work is repetitive or micro-managed, where there is nothing new to learn or they are never thanked.

Many lawyers believe that the key to being happy at work is bet-ter practice management skills. If they simply manage their time and clients better, they will be more productive and more in control of their practice, and this will then lead to a more satisfying life. While good practice management pro-vides many benefits, especially in reducing stress, this alone cannot lead to happiness because it tinkers only with the outside of our lives.

In order to love what we do and gain joy from the practice of law, we must do work that is aligned with our core values. What are core values?

Core values may include justice, social or environmental issues; family, faith or community; health or fitness; professionalism, hon-esty, respect or collegiality; or status or creating wealth. The list is long, however most people have never considered what their three to five core values are. Michael Melcher’s excellent book The Creative Lawyer: A practical guide to authentic professional satisfac-tion sets out values, exercises and other helpful ways to create a legal practice that will bring joy.

If autonomy is a core value, then working as a sole practi-tioner or a partner likely satis-

fies that need. If family or com-munity is a core value, then work that allows sufficient time for a personal life will be necessary. If professional recognition is a core value, then practising in a firm that allows work on major cases in your practice area may sup-port that value.

It is also important to realize that just because you are good at something doesn’t mean that you enjoy it. Skills should never be confused with passions.

Joy is both a choice and a prac-tice. While circumstances and genetics contribute to a certain baseline of happiness, much of our happiness is within our con-trol. Developing even small habits such as taking regular breaks from work to walk outside, or doing activities that make us laugh or make our heart sing, can dramat-ically increase our joyful energy.

No one should ever be satisfied with a good-enough life or feel stuck in a stress-filled, unhappy one. No amount of money can make up for un-happiness or feeling disengaged from our work. Too many law-yers look forward to weekends or vacations

as the only time they feel truly free and can be truly themselves.

We should expect to be joyful every day. Aristotle said, “Happi-ness is the meaning and purpose of life, the whole aim and end of human existence.” Joy is the energy that fuels our highest pro-ductivity and creativity, and leads to our greatest success in whatever we do.

Practising law with joy means working with clients we love, with colleagues we respect and doing work that matters. What could be better?

Linda K. Robertson is a lawyer coach in Vancouver and also the CBA national Co-Chair of the Women Lawyers Forum.

Practising Law With Joy Both a choice and a practice

Happiness is the meaning and purpose

of life, the whole aim and end of

human existence.

JUNE 2015 / BARTALK 13

Janice has a busy legal practice and this week has deadlines looming. On Monday, she was feeling anxious about one tough

factum but instead of spending the morning hammering it out, she wast-ed 45 minutes surfing the net reading online news. Sound familiar?

Janice is in good company. Most lawyers have struggled with a prob-lem with procrastination at one time and indeed the Canadian expert on procrastination, Dr. Piers Steel, re-ports in his book “The Procrastina-tion Equation” that about 95% of people admit to procrastinating.

Though it isn’t all bad news. Procrastination is very much like weeds in the garden. You may not be able to eliminate them entirely but you can weed many out.

Here is a simple two-step prac-tice of inquiry for reducing time lost to procrastination:

Step one is to understand why you are procrastinating. Pay atten-tion. Set a goal of noting the fol-lowing: What are you procrastin-ating about? What are you doing when you are procrastinating? What are you thinking and physic-ally and emotionally experiencing right before you procrastinate?

Review this information and determine your root causes. Are you avoiding something? Are you distracting yourself to relieve dis-comfort? You might procrastinate when you don’t know what to do, or when you encounter difficulties

with a file. You might procrastinate about things that are unpleasant such as communicating with diffi-cult clients. Learn and make note of your triggers for procrastination.

Step two is to develop your reduc-tion strategy. Notice when you are

feeling anxious and catch yourself as you start to procrastinate. Pause and return your focus to the present. Draw your attention to your feet on the floor supporting you, and take a few slow deep breaths to relieve your anxiety and bring you back to center. Now ask yourself: What is making me anxious? Or, what am I avoiding? Simply notice the answer to that question. Next, ask yourself this second question: What would be a useful next step to take?

There are also a number of sim-ple tactics you can implement to increase focus.

Eliminate distractions in your office by keeping a tidy desk. Make the most of your periods of low energy to organize. Taking just 10 minutes a day for this can make an enormous difference.

Make a personal rule that your office computer is for professional work exclusively. Do web surfing and personal email on another device. Turn off your audio alerts and mailbox pop-ups.

Bring in visual reminders about why you want to be more pro-ductive at work. If you want to be home in time for dinner with your family then take a photo of you all together at dinner and keep it on your desk as a valuable reminder.

Reserve your peak periods of focus for concentration for your most difficult tasks.

Divide up your complex pro-jects into a series of smaller mile-stones. Schedule time for working on these instead of waiting until the last minute to start on the pro-ject as a whole.

Get your to-do-list out of your head and onto a list. Each mor-ning, set down your daily prior-ities and check them off as you go.

Try starting the day with a win. Knock some quick but trouble-some tasks off your list or handle the toughest piece of work in the pile. As a former litigation partner now a judge once told me: “Do the dog file first.”

ALLISON WOLF

Allison Wolf is a lawyer coach and founder of the soon-to-be launched blog site lawyerwithalife.com.

Beating the Procrastination HabitQuick tips and a practice of inquiry

14 BARTALK / JUNE 2015

feature

The digital explosion has universally amplified the intensity and com-plexity of legal practice. Clients demand more

timely and even instant responses. Many lawyers have found that the centering and integrative effects of Mindfulness-Based Stress Reduc-tion and Meditation (“MBSR”) have enhanced their ability to achieve calmness and personal in-tegration in the face of accelerat-ing and competing demands. As such, they have adopted contem-plative lawyering practices that are rapidly spreading throughout North America. Lawyers find that the intentional focus of attention on moment-to-moment experi-ence, using the breath as an anchor, is an effective way to reduce stress because it enhances the physiol-ogy of internal attunement within the nervous system. They are sur-prised that by simply taking their breath deeper into the diaphragm, they can alter their mental state and focus. Neuroscience research has shown that internal attune-ment has been found to improve the following integrative functions of the brain and keep persons “on-line” in the face of stress, thereby augmenting their innate abilities as follows (Siegel 2007, 2010):1. Attention training and develop-

ing the capacity to focus; 2. Self-efficacy and fear modulation; 3. Response Reflexivity through

the recognition of perceptual

alternatives to stressful situa-tions, thereby allowing them to respond to situations more thoughtfully with less reactivity;

4. Self-regulation, body regula-tion and calming down, which creates self-understanding as to how they function, think and act with themselves, others, and the world;

5. Emotional balance;6. Insight; 7. Empathy and

understanding the experience of an-other; and

8. Attuned communi-cation with others and being mindfully and inter-nally attuned.Through practising MBSR tech-

niques, using the breath as an an-chor, a person can greatly enhance their ability to “feel the reality of their experience” and then to act on it rather than getting lost in it. This enables lawyers to make better decisions, deal with clients more effectively in the moment, and do their work more efficiently and with less stress.

At the Lawyers Assistance Pro-gram of British Columbia, CEO Derek LaCroix implemented group training for lawyers in MBSR tech-niques. Associate Director Susan Burak has facilitated the program since its inception four years ago and has observed that the contem-plative practices of MBSR enhance

lawyers’ abilities to engage more ef-fectively and with greater satisfac-tion in legal practice. Through fo-cusing on the deeper breathing space as an anchor, MBSR practices assist with the quiet introspection and re-alignment of one’s inner compass. The moment-to-moment awareness of thoughts, feelings, bodily sensa-tion, and the environment allow for the over-ride of habitual “autopilot” response patterns of mindless reac-tivity and their gradual replacement by a calm and centered focus. One can then prevent the over-thinking, over-analyzing and perseveration

that impair problem solving abilities by sap-ping motivation, inter-fering with concentra-tion and creating anx-iety and depression.

Recent studies at Yale have shown that MBSR and other as-sociated contemplative practices reduce mind wandering and rumin-

ation and enhance capacities for optimism and overcoming negativ-ity bias. As such, a person’s mental capacity is enhanced for more spa-cious awareness and recognition of perceptual alternatives to “all or nothing” thinking. This allows for improvements in perceptual clarity, objectivity, concentration and resili-ence to stress, all of which are essen-tial to effective legal practice. As law-yers, our minds are our instruments and if our instruments are properly attuned through MBSR we can aug-ment our abilities and capabilities. It is as easy as breathing. MBSR tech-niques can be learned quickly.

SUSAN BURAK

Mindfulness-Based Stress Reduction and Meditation Why It Works

Susan Burak, B.A., J.D., M.A. Counsel-ling Psychology, Registered Clinical Counsellor and Associate Director, Lawyers Assistance Program of BC.

Thank you to all who volunteeredwith the CBABC this year

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16 BARTALK / JUNE 2015

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JUNE 2015 / BARTALK 19

guestSTEPHANIE MARKOVICH

2014-2015 has been one of the CBA Young Law-yers – Lower Mainland Section’s (Young Law-yers) busiest and most

productive years yet. The year began with a speed

networking event at Salt Tast-ing Room designed to give young lawyers an opportunity to mingle and meet some new faces while enjoying some wine and delicious food. In October, Bill Knutson and Edna Ritchie shared their advice about how to deal with tricky ethical and professional situations before a packed crowd at Charest Reporting.

In November, Section members participated in a Master Shad-owing program in which regis-trants were able to observe Mas-ter MacNaughton in chambers for an entire day followed by a dinner and debriefing. This was an in-valuable opportunity to gain first-hand knowledge and insight from behind the Bench and the hope is to expand this program to other Lower Mainland courthouses in the future. November also featured a social event for young lawyers in Surrey and there are plans to hold a similar event in Richmond for young lawyers practising there.

In December, in what is becoming something of a holiday tradition, the Young Lawyers hosted the third annual holiday party at Mahoney & Sons in conjunction with a group of young CFAs and CPAs.

The New Year got off to a busy start with another speed networking event, this time at the Refinery.

The next event was an extreme-ly informative presentation on Examinations for Discovery fea-turing Lyle Harris, author of the CLEBC Discovery Practice in British Columbia manual, and Stuart Hankinson. The event featured practical tips on preparing for, con-ducting and defending Examinations for Dis-covery. Not surprising-ly, the highly sought-after speakers once again drew a packed house. This was followed by a two-part pleadings work-shop with Master MacNaughton and Chilwin Cheng of Legal Pro-cess Solutions, with the first part focusing on pleadings in general, and the second focusing on Affi-davits in particular.

In March, the Young Lawyers hosted their third “Going Rogue” event, where three young lawyers who have each established their own practice in very different ways spoke about their experience outside of the traditional law firm model and shared some of their hard won wisdom. This event has proved very popular in the past and this year was no exception.

In April, the Young Lawyers co-hosted a Whiskey Tasting event

with the Young Professional En-gineers at Shebeen Whiskey House in Gastown.

April also marked the second annual Wellness Challenge in which young lawyers and their firms were challenged to devote a portion of their day to wellness, however defined, each day for ten days and to share these ideas and inspire others on social media.

April 29 was the marquee event of the year, the Judges Dinner, where the chief justices of all three levels of court were once again generous enough to speak to an

audience of young lawyers and dine with them at the Sutton Place Hotel.

Events still to come include one of our most highly antici-pated events of the year, Monte Carlo Night, in which the Vancouver Club will be transformed into

a casino. Once again, the Young Lawyers will be co-hosting with the young accountants and the event will also feature a silent auction and fundraiser.

In sum, the CBABC Young Law-yers – Lower Mainland Section has had a very successful year so far of diverse events ranging from social to educational with a broad range of wonderful speakers. The Execu-tive plans to offer a similar array of wide-ranging events in the 2015-2016 season and looks forward to seeing our Section members at up-coming events.

Stephanie is the Secretary of the CBA Young Lawyers – Lower Main-land Section. She practises insur-ance defence at Hartshorne & Mehl in Vancouver.

CBA Young Lawyers – Lower Mainland Section Offers diverse range of events in 2014-2015

20 BARTALK / JUNE 2015

JERRY STEELE

Being a lawyer is stress-ful. The challenging workloads and adver-sarial nature of the pro-fession can lead to a life

that is completely out of balance.The following techniques are de-

signed to help decrease stress and to help you along the path to balance.

GET IN TOUCH WITH YOUR VALUES Values are simply what is import-ant. They are an internal set of beliefs that influence life at a sub-conscious level. They can include qualities such as honesty, integrity, fairness, loyalty and perseverance.

Lawyer’s must regularly make value judgments and process con-flicting points of view without get-ting lost or losing perspective.1 When a lawyer’s actions are in-line with their core values it pro-vides a feeling of congruence and a sense of “making a difference.” Because they know what is im-portant to them, they are more re-silient and less likely to experience depression, anxiety and burnout.2

Making a list of what values are really important to you will help you to determine the life you wish to create. You can then begin to take actions that will assure great-er balance and well-being.

MAINTAIN HEALTHY BOUNDARIESBoundaries are limits that deter-mine where one person ends and the world at large begins. They are essential to living a healthy and

anxiety-free life. Identify what de-mands you are willing to accept from your work, friends and home life and don’t allow anyone to per-suade you to compromise on those limits. “No,” is a complete sentence.

PRACTICE MINDFUL-NESS MEDITATIONMindfulness Medita-tion (“MM”) cultivates awareness, insight, compassion and mental focus.3 In MM a law-yer learns to be aware – without judgment – of what sensations, sounds or thoughts that pass through his or her awareness.4 The practice has helped many lawyers to become more re-silient, reduce stress, and to promote psychological health.5 Mindfulness Meditation has been embraced by many in the legal profession in re-sponse to an increasingly antagon-istic professional environment “and increasing rates of substance abuse, mental illness and depression within the profession.”6 Major law firms in the US, as well as universities such as Harvard Law School and USC Berkley, have begun promoting MM as a means to promote psycho-logical health and well-being in the practice of law.

CHALLENGE YOUR NEGATIVE BELIEFS Many people have destructive be-lief systems they are not aware of.

They may feel like an impostor or otherwise unworthy so they con-stantly defer to others’ expecta-tions. Or they worry about what others will think, feel guilty for saying no, experience perfection-ism or let other people make im-portant decisions for them. These are all symptoms of negative be-lief systems that steal vital energy and foster resentment and despair. Challenge these negative beliefs by asking and following what it is you really want. Get help from a professional if needed.

PRACTICE THE 4-4-4 BREATH TECHNIQUESit down with your feet on the floor – eyes open or closed. Inhale deep-ly (the abdomen rather than chest should ex-pand) and count slow-ly to four. Hold your breath. Then exhale to the count of four. Re-peat this at least four

times. This technique can be done with the eyes open or closed. It is a great quick stress reducer.

Practising any one of the above consistently will put you on your way to being a happier and more balanced lawyer.

Jerry is a lawyer and Associate Dir-ector with the Lawyers Assistance Program of British Columbia.

Five Tips For maintaining a healthy sense of balance while practising law

1 lapbc.com/nature-of-the-profession/meaning-values-and-the-practice-of-law-derek-lacroix-qc/

2 amazon.ca/Stress-Management-Lawyers-Professional-Satisfaction/dp/0964472732

3 liv.asn.au/Practice-Resources/Law-Institute-Journal/Archived-Issues/LIJ-July-2011/The-mindful-lawyer--medi-tation-and-the-practice

4 scholarship.law.ufl.edu/cgi/viewcontent.cgi?article=1436&context=facultypub

5 Ibid, at p. 466 Orenstein, Supra, note 3

features

JUNE 2015 / BARTALK 21

Most people have heard of religious-based legal systems, but few understand them.

Sharia, or “Islamic law,” is derived from commands in the basic texts of Islam, the Quran and Hadith. The name derives from an archaic Arabic word denoting “pathway to be followed.”

“Halakhah,” or “Jewish law,” similarly means “the path that one walks” or “path to the water hole.” The etymology is from the path to water that permeates life in a desert.

Canon law is the internal body of laws and regulations of the Roman Catholic, Orthodox and Anglican churches. The manner in which it is legislated, interpreted and adjudi-cated varies widely amongst each. In all three, a “canon” is adopted by church council, the word com-ing from the Greek “kanon” and Hebrew “kaneh” – rule, standard or measure.

Canon law differs from sharia and halakhah as it is a codification akin to civil law, while sharia and hala-khah derive most of their laws from juristic precedent and reasoning by analogy, akin to common law. Un-like secular laws that govern public interactions, all are a personal code of living that adherents adopt as part of their faith. Further, these reli-gious bodies all have courts or arbi-tration systems that adjudicate dis-putes using those laws. This differs from other religions or branches

MICHAEL WELSH

Religious Legal Systems in CanadaLittle known, often misunderstood

of religions that may have rules or laws, but no adjudication system.

All function largely in private, although family law issues some-times make news.

Halakhah provides that only the husband may issue a bill of divorce (a “get”), with conse-quences that have made high profile cases.1

Similarly, use of sha-ria mediation and arbi-tration panels apply-ing sharia in the family law disputes has been controversial, being banned in Ontario and Quebec. Sharia and its mediation/arbitration system has a significant role in com-mercial law. Sharia compliant bank-ing prohibits acceptance of interest or fees (known as “riba,” or usury) for loans. Instead, methods of prof-it-sharing are used. As of 2014, sha-ria compliant financial institutions represented approximately 1% of total world assets. Their often com-plex and costly disputes are han-dled, reportedly with great success, by arbitration using sharia law.

Meanwhile Ecclesiastical courts applying canon law continue quietly, as they have done for centuries. The North American Catholic Church handles roughly 30,000 cases a year involving marriage annulments, di-vorce, ex-communication and priest-ly misconduct. The latter is one area where the jurisdiction of ecclesiastic-al courts periodically intersects with

that of the civil system, when priests seek redress for wrongful dismissal.

Cases in several provinces have considered the legal relationship of priest and church and whether the priest can turn to the civil courts. In one notable Ontario case, the Archdiocese’s position was that its relationship with the priest was ec-clesiastical and governed by canon law, so that the priest was required to seek redress through the internal review process provided by canon law rather than the courts. The On-tario Court of Appeal agreed, say-ing, “Canon law creates the office,

provides for the office’s duties and responsibil-ities, and describes the circumstances under which the office can be brought to an end.” The priest and church entered a contract to be bound by that law. The court said, “The Roman Catholic Church is a self-gov-

erning organization. Its canon law provides an internal review process for ecclesiastical disputes.”2 Con-sequently, if an ecclesiastical court or internal arbitration process is in place to deal with these disputes, the civil courts are generally with-out jurisdiction.

Michael Welsh has a mixed litigation and ADR practice in the Okanagan that has included acting for a priest and divided congregation in a dis-pute with their bishop that resolved through mediation.

1 Bruker v. Marcovitz, [2007] 3 S.C.R. 607, 2007 SCC 54 upheld a right of the wife to claim damages in civil court when the husband refused her a Jewish divorce despite agreement.

2 Hart v. Roman Catholic Episcopal Cor-poration of the Diocese of Kingston, in Canada, 2011 ONCA 728

22 BARTALK / JUNE 2015

news&events

There’s no doubt: we could all be better. Both personally and professionally. And that’s pre-cisely what this year’s CBA Legal Conference (CLC) in Calgary, AB will help you achieve. Three new skills-based professional develop-ment (PD) streams will offer tangible benefits to hone the most vital dimensions of your career: the profession, the practice, and the personal.

PD Stream 01: Building a better profession examines the big-picture influences, game changers and issues facing our profession – now and in the future.

PD Stream 02: Building a better practice focuses on the day-to-day

aspects of your practice, to help you make the most of your resour-ces and become more tech savvy.

PD Stream 03: Building a better person helps you develop personally and find strategies to become healthier, happier and more satisfied.

Join us this year for this rare opportunity to hear from compel-ling expert speakers, obtain your yearly PD requirements, and con-nect with colleagues from across the country.

If you’ve never attended the CLC before, isn’t it time you started building a better lawyer? Do your career justice – check out the full program now!

NATIONAL NEWS

Meet Your CPD Requirements in 2.5 Days

Lawyer Wellness means different things to different people. To some, it’s seeking help when in crisis, and to others, it’s about finding time for lunchtime yoga. Overall, it’s acknowledging the diffi-culties that come along with practising law, and actively finding ways to improve both personal and business lives. On the new CBABC “Lawyer Wellness” section you will find everything from having a healthy relationship with alcohol to learning about new practice management software that will help you find more hours in the day. The best way to get involved is to talk about Lawyer Well-ness with your peers, and tell them how important it is to have a healthy lifestyle. Want to share stories about what your firm does to promote

lawyer wellness? Let us know so we can post the ideas, such as the story on the next page entitled, “The Progres-sive Law Firm.”

cbabc.org/wellness

HEALTH & WELLNESS

Thriving or Just Surviving?

JUNE 2015 / BARTALK 23

We’ve witnessed – first-hand – how improving the health of the firm Stevens Virgin has reduced stress for our valued personnel, reduced the number of sick days incurred, and reduced the num-ber of benefits claims submitted. Our work-life balance initia-tives began with the hiring of a workplace health and wellness consultant to provide advice on a wide variety of wellness topics.

We hired a fitness studio to lead private, noon-hour or after work classes and we provide monthly membership to the gym to all employees, providing a fun and healthy way for all personnel to interact.

Our firm also initiated lunch-and-learns, offered health screens and flexible work schedules, and encouraged participation in fundraisers and charity events. Most employees have embraced these activities;

we’ve seen 65% participation rate among lawyers and staff combined. Job satisfaction has improved significantly. In 2011, Stevens Virgin received recogni-tion by the CBABC for its work-life balance successes.

Over the past five years, we have made remote access avail-able to billing staff so that they may exercise the option for occasional work out of office and in 2014 we converted file storage to digital format making remote access easier, document management is faster and more efficient and overhead has been reduced for storage, stationery and supplies.

Undertaking these sorts of initia-tives can put any firm in a better position to control the costs of ex-tended health benefits, sick time, increasing productivity, reducing overhead, enhancing teamwork and improving morale.

HOW ONE FIRM IMPROVED THEIR HEALTH & WELLNESS

The Progressive Law Firmby Mark Virgin & Megan MacLean, Stevens Virgin

Stress ReducerRelaxation tapes are simple and effective ways to calm the mind and spirit. These are available in so many formats. Stretching and “yoga-like” movements are ways that you can become in tune with your physical body and yet also calm the mind… all at the same time.

Learn to Relax At work, take a break from your desk and don’t skip lunch. At home, do some-thing creative that absorbs you, such as painting, writing or gardening, or try yoga, meditation or tai-chi. Making sure you get enough sleep is essential in the relaxation process!

Health & Wellness

TIPS

24 BARTALK / JUNE 2015

news&events

NEW FROM CLEBC: THE ADVOCACY TOOLKIT CLEBC is proud to announce a new practice support and skill development learning tool: the Advocacy Toolkit. The Toolkit is an on-demand resource de-signed to help lawyers improve their oral advocacy skills.

The Advocacy Toolkit includes short videos demonstrating oral advocacy, annotated with commentary, practice tips and

explanations. Videos demon-strate both effective and

ineffective advocacy. A single fact pattern is followed, with short clips focusing on the micro skills of oral advocacy.

The Advocacy Toolkit is struc-tured to allow users to focus only on relevant content. The skills demonstrated include:�� Theory of the Case�� Opening�� Chambers Applications�� Examination for Discovery�� Direct Examination�� Cross Examination�� Refreshing Memory�� Objections�� Impeaching the witness through prior inconsistent statement�� Closing

The Advocacy Toolkit will be useful for lawyers at every ex-perience level who have limited recent experience practising their advocacy skills in court.

Many thanks to the excellent planning committee (who also star in the video demonstra-tions): Madam Justice Susan A. Griffin, Wendy A. Baker, QC, Brook Greenberg, Jacqueline D. Hughes, Matthew Nathanson, and Jan Lindsay, QC.

For more information about CLEBC products and services, visit cle.bc.ca.

NEWS

CLEBC Update

2015 CBABC Women Lawyers Forum Awards Luncheon

CBABC WLF NEWS

On April 23, 2015, the CBABC Women Lawyers Forum (WLF) recognized the achievements and contributions of The Honourable Judge Patricia Janzen, recipient of the CBABC WLF Award of Excellence, and Carla Forth, QC, recipient of the Debra Van Ginkel, QC Mentoring Award. The Right Honourable Kim Campbell gave the keynote address.

After accepting her award, Judge Janzen shared several lessons that she had learned in her practice, including: define success on your own terms, always be civil, and give back to your community and the profession.

Ms. Forth’s award honours the memory of Debra Van Ginkel, QC, who believed that all women lawyers need mentors to support and encourage them. In accepting her award, Ms. Forth discussed the important role of mentoring in her own career, including how people whom she has mentored have, in turn, mentored her in some way.

In her keynote, Ms. Campbell stressed the importance of listening to the voices of all women in making legislative change. She urged the legal profession to advocate for the increased presence of women in the law by drawing on studies in other industries that have shown the considerable positive impact of participation by women.

The event was very well attended by the members of the Bench and Bar, and was an excellent showcase for the extensive programs of the Women Lawyers Forum that promote and support the enhancement of the stature and influence of women in the legal profession. For more information on the CBABC WLF cbabc.org/Sections/Women-Lawyers-Forum

JUNE 2015 / BARTALK 25

BRANCH & BAR

CalendarCurrent from March 4, 2015 to April 21, 2015 Legislative Update is provided as part of the CBABC legislative and law reform program. It is a service funded by CBA membership fees, and is therefore provided as a benefit of CBA membership. The full version of Legislative Update is now only published online and is available exclusively to CBA members at cbabc.org.

�� LABORATORY SERVICES ACT, S.B.C. 2014, C. 8 (BILL 7) The Act, except sections 40(5), 96 and 100 to 103, is in force October 1, 2015�� LIQUOR CONTROL AND LICENS-ING AMENDMENT ACT, 2014, S.B.C. 2014, C. 13 (BILL 15) Sections 15, 16 and 31(k) are in force April 1, 2015. Section 1(j), as it repeals the definition of “store manager,” and sections 3, 4(a) to (f), 5, 17 (b), 26 and 31(f) and (l) are in force March 30, 2015�� MISCELLANEOUS STATUTES AMENDMENT ACT, 2014, S.B.C. 2014, C. 14 (BILL 17)

Sections 52 and 53 are in force April 1, 2015

BC LEGISLATIVE UPDATE

ACTS IN FORCE

JUNE 10 CBABC PD Seminar: Violence Screening for ADR Professionals – Red Flags, Warning Bells & Practical Tips — Webinar12 Battle of the Bar Bands 2015 — Commodore Ballroom, Vancouver

15 Magna Carta Night at the Law Courts Inn in Vancouver. Join the worldwide celebration of the 800th anniversary of the Magna Carta Liberatum. Raise a glass of mead at this Bench and Bar dinner honouring freedom and the rule of law. cbabc.org/1215

18 CBABC PD Seminar: All In A Day’s Work: A How-To Approach for Employer Codes of Conduct — Webinar

18 CBABC PD Seminar: Trials & Tribulations Dealing with Self- Represented Litigants — Webinar19 Lawyers Assistance Program: Gratitude Lunch — Vancouver20 Provincial Council — Richmond21-25 The International Society for the Reform of Criminal Law 20th International Conference — Edinburgh, Scotland24 CBABC PD Seminar: Billing Strategies: Keeping Your Clients Happy While Looking After Your Bottom Line — Webinar

JULY 9 Young Lawyers Victoria Annual Golf Tournament — Victoria

CBA (BC) Benevolent

SocietyProviding assistance

to lawyers and articled students who

have suffered an illness or injury.

For more information cbabc.org/benevolent

EVENT RECAP

The Fifth Annual WLF-Kamloops Conference and RetreatHeld at Quaaout Lodge and Spa on February 28 - March 1, 2015.

This was a wonderful event that was filled with relaxation, networking and education.

cbabc.org/Sections/Young-Lawyers-Kamloops

26 BARTALK / JUNE 2015

Virtual Legal Help is assisting thousands to address their legal issues with more information and confidence. Through the use of innovative technologies, it is improving access to justice in BC by providing three levels of triage to people with civil matters, both in Supreme and Small Claims court. The first level is a virtual assistant (North America’s first) who lives on SupremeCourtBC.ca, SmallClaimsBC.ca and AdminLawBC.ca. Her name is JES and she helps the user to find the information they need by asking a series of questions and giving a number of options to follow. The second level is online chat support between the hours of 11:00 a.m. and 2:00 p.m. Monday to Friday. Here users are provided with personalized legal help through online chat and email support. The third level happens if the question in chat is too complex to handle. These matters are forwarded to a lawyer who then responds to the user. JES only provides legal information and not legal advice. This approach personalizes navigation to PLEI content, interacts to customize information searches and introduces chat, email and phone support to provide personalized legal help services.

news&eventsWhenever you’re looking for a quiet space to reflect on the merits of your case or ponder the strengths of an argument, come on in to the Library. Not only does the Courthouse

Libraries BC provide a welcoming space, they also stock their shelves, both physical and virtual, with the resources you need to guide your legal reflections. Regardless of what area of law you are looking to read up on, chances are the Courthouse Libraries BC has a resource or two for you. If research on ecclesiastical law brings you to the Library, they have a number of texts and e-resources on the topic.

Join the Courthouse Libraries BC’s Lawyers’ Reading Room (court-houselibrary.ca/ReadingRoom.aspx) to gain access to HeinOnline and Irwin Law eLibrary. You will get access to hundreds of texts and articles from the comfort of your home or office. The Courthouse Libraries BC online collection of books includes these titles:�� Religious Institutions and the Law in Canada and Freedom of Conscience and Religion, which are both available through Irwin Law eLibrary. �� For historical texts on ecclesias-tical law, log into HeinOnline to access full decisions from the Ecclesiastical Courts of England in the English Reports and texts such as System of English Ecclesiastical Law (1732).

Sign up for your Reading Room account today to explore the breadth of the Courthouse Libraries BC online collection.

TIPS FROM RESOURCES

Virtual Legal Help

NATIONAL MAGAZINE

Is Newer Better? Not Always. It’s Not Just What You Have, It’s How You Use It.

Illustration: Thomas DannenbergAccording to the 2014 ILTA/InsideLegal Technology Purchasing Survey, overall law firm spending on new technology is up. 54% of all respondents spend 2-4% of total firm revenue on technology, a 6% increase compared to the 2013 findings.

For the most part, this is cause for celebration, an indication of the profession finally embracing the value and benefits of technology.

Read Katya Hodge’s article

JUNE 2015 / BARTALK 27

LAW FOUNDATION OF BRITISH COLUMBIALAW FOUNDATION OF BRITISH COLUMBIA

grantsapproved

Law Foundation Funding of Environmental Law Groups

Through its support for work in public interest law, legal research and law reform, the Law Foundation funds three programs that deal with environmental law issues.

Ecojustice Canada is a national non-profit society established in 1990 to use public interest environmental law to protect and restore the environment in Canada. Ecojustice uses test case litigation, policy and law reform, public education and communications to set legal precedents and strengthen Canadian legislation on environmental issues. Ecojustice’s legal services are provided free of charge. Over its 25-year history, Ecojustice has helped

hundreds of clients protect wilderness and wildlife, challenge industrial projects that harm the environment and human health, and kept harmful chemicals out of the air, water and soil.

The Environmental Law Centre (ELC) is a non-profit society that operates Canada’s first public interest environmental law clinical program at the University of Victoria in partnership with the Faculty of Law. Through the clinic, the ELC provides a range of pro bono legal services to its clients, including legal advice, advocacy and representation before courts and tribunals. In addition to providing hands-on clinical opportunities for law students, the ELC also supports public interest work done by practitioners throughout the province through the ELC Associates program.

Since 1974, the West Coast Environmental Law Association

has advocated for a just and sustainable society where people are empowered to protect the environment. West Coast is a non-profit society that works on several fronts to improve laws through law re-form advocacy, public legal edu-cation, community and coalition development, and environment-al law research. The Law Foun-dation funds environmental law summary advice services, legal research, law reform and legal

education as well as the West Coast Environ-mental Dispute Resolution Fund, which provides support to com-munity groups to hire lawyers at a partially pro-bo-

no rate with a view to resolving environmental disputes.

The combined forces of these three groups, funded by the Law Foundation of BC, contribute significantly to work on environmental law in the province.

LAW WEEK 2015 Left photo: 2015 Barry Sullivan Law Cup winners (from L-R) – Chief Justice Hinkson, Sandy Pang (Little Flower Academy), Hannah Goodridge (Little Flower Academy), Mehek Hussain (Burnaby Mountain Secondary School), Alex Shorten, Professor Edinger, Justice McEwan. Middle photo: More than 100 students attended the “Meet the Chiefs” forum with (from L-R) Chief Justice Hinkson of the Supreme Court, Chief Justice Bauman of BC’s Court of Appeal, and Chief Judge Crabtree of the Provincial Court with host, CBC’s Ian Hanomansing. Right photo: The audience waiting to see if Harry Potter would be found guilty at the Mock Trial in Duncan.

28 BARTALK / JUNE 2015

On Demand CPD Missed the live webinar? Check our library for available on-demand webinar repeats and e-learning modules.

RECENTLY ADDED WEBINAR REPEATS: Deja-Vu Part 2: PST, GST and HST – Double Taxation on Legal Services Find out how to manage risks, and in some cases, minimize exposure to “double tax.”

Target June 1, 2015: You and the BC Limitation Act Learn from experienced civil litigators about discovery, how the transition rule applies, the exceptions to the running of limitations and third party claims.

Keys to the Castle: Starting Your Successful Solo Law Practice Topics include: practice management, office space and systems, accounting, finance, law firm staff and law practice technology.

Unmasking Haters, Baiters and Trolls: Canada’s New Cyberbullying Law In this discussion style webinar, learn about Canada’s Protecting Canadians From Online Crime Act (Bill C-13) new criminal offence and new investigative powers for law enforcement.

Who’s Going to Bark For Me? Pet Housing and Veterinary Negligence Become an informed advocate on animal law affecting pet housing and veterinary negligence. Learn about the issues so you can effectively advocate for your clients’ pet companions.

\ WEBSITE: CBAPD.ORG \ EMAIL: PD@CBABC.ORG

professionaldevelopmentCBABC Professional Development courses are designed to meet the needs of lawyers while still maintaining the opportunity to network, advance one’s career, practice and business. We pride ourselves in bringing courses to lawyers that will provide the required professional responsibility and ethics, client care and relations, and practice management component for 2015 Law Society reporting. For a full list of CBABC’s Professional Development offerings, please visit cbabc.org/CPD.

Upcoming In-person Seminars

IN PARTNERSHIP WITH THE KELOWNA BAR ASSOCIATION

Cyberbullying and SmartphonesSave the Date: September 15, 2015 Location: Royal Anne Hotel, KelownaSpeaker: Eric V. Gottardi, Criminal Defence Counsel, Peck and Company

Upcoming Webinars

Violence Screening for ADR Professionals – Red Flags, Warning Bells & Practical TipsDate: June 10, 2015 Speakers: Lisa J. Hamilton, Hamilton Fabbro; Alyson Jones, MA RCC, Alyson Jones & Associates ; Rhona M. Lichtenwald, Hillcrest Law & Mediation

All In A Day’s Work: A How-To Approach for Employer Codes of Conduct Date: June 18, 2015 Speakers: Paul Fairweather, Harris & Company LLP ; Philip White, Grosman, Grosman & Gale LLP Moderator: Meghan Maddigan, Law Society of BC

Trials & Tribulations Dealing with Self- Represented LitigantsSave the Date: June 18, 2015 Moderator: Kathryn Sainty, Sainty Law

Billing Strategies: Keeping Your Clients Happy While Looking After Your Bottom LineDate: June 24, 2015 Speakers: Registrar Stuart R. Cameron, Supreme Court of British Columbia; Jan L. Lindsay, QC, Lindsay LLP Moderator: Kathryn Sainty, Sainty Law

JUNE 2015 / BARTALK 29

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30 BARTALK / JUNE 2015

barmovesWho’s Moving Where and When

Krystle Gill moved her practice to Cassels Murray. Krystle practises family and estates law. She is passionate about justice and finding efficient and creative solutions to various legal problems.

Angela Austmanan experienced corporate finance and securities lawyer, has joined the Vancouver office of Lawson Lundell LLP.

Darren Penner joined Larlee Rosenberg on January 19, 2015 where he will continue his immigration practice.

Martin Bühleris continuing his commercial litigation practice at Fraser Litigation group as associate counsel.

Sarah Bird joined Miller Titerle + Company LLP. Sarah will lead the expansion of the firm’s project finance offer-ing and help meet the firm’s clients’ increasing needs for borrowing and lending advice.

Christina Kwok has joined Oyen Wiggs Green & Mutala LLP as an associate. Christina articled with OWGM and was called to the Bar in April 2015.

SPACE IS AT A PREMIUM AND AVAILABLE ON A FIRST-COME FIRST-SERVED BASIS SO SEND YOUR BAR MOVE (MAX. 30 WORDS) AND A HIGH-RESOLUTION PHOTO TO BARTALK@CBABC.ORG NOW.

TO VIEW ALL BAR MOVES GO TO CBABC.ORG/BT/BM_1506

AssociatesRobert MeyersSedgwick LLP Seattle

Dennis Anthony Q. RichardsonWarwick

Regular MembersBarbara AlexanderVancouverLauren KimRWE Law Corporation Vancouver

Articling StudentsTaruna Arora Carla R. Lewis Law Corporation Surrey

Lara Branson Jenkins Marzban Logan LLP Vancouver

Emma DicksonNorth Vancouver

Kate Lee Deer Lake Law Group Port Coquitlam

Alycia Moss Moss Legal, P.C. Coeur d’Alene

Elysha C. Pel Kornfeld LLP Burnaby

Brett ShillingtonMcKenzie Lake Lawyers LLP Victoria

John W. Swain, Jr.Vancouver

Tiffany WarkentinYuen Westwood Law Corporation Telkwa

Law StudentsJasmine FernandoVancouver

Tiffany JefferyBurnabyHannah Z. LindyVancouverBahaiya NabeelVancouverEmily M. SticklandVancouverKathrine K. TiwanaSurrey

April D. WilkinsonKelowna

March & April 2015

JUNE 2015 / BARTALK 31

UNLIMITED ACCESS. UNLIMITED SAVINGS. UNLIMITED RESOURCES.

cbabc.org/bcadvantage

newmembers

Find out how at vancouverfoundation.ca/beinformedor call Kristin at 604.629.5186

Help your clients plant their legacy today. Be informed.

vancouverfdn

RETURN REQUESTED TO: The Canadian Bar Association, BC Branch, 10th Floor, 845 Cambie Street, Vancouver, BC V6B 5T3