unbundled 4 unrepresenteds : an uneasy profession looks to...

9
Published by Law Courts Center NOVEMBER TO DECEMBER 2016 U nbundled, Uncontested, Unrepresented, Underused: As an Uneasy Profession Looks to Ideas Beyond Its Own, the recent push to promote unbundled legal services is anything but a slam dunk. Still, most agree that while it is not an #A2J panacea, it is worth a try. As justice stakeholders across Canada embraced the idea of providing self-represented litigants with limited (unbundled) legal services (LLS), BC’s Chief Justice Bauman has been busy. Earlier this Spring, along with Chief Justice MacDonald of Nova Scotia, and Associate Chief Justice Marrocco of the Ontario Superior Court, and University of Windsor’s Professor Macfarlane, they produced a video: “Justices Speak Up For Unbundling”. Early in the video, CJ Bauman articulated this often repeated hard truth: many cannot afford full legal representation on most problems. in a position to pay, the provision on LLS offers a huge relief. An hour preparing for examination discovery or trial can be sound and strategic investments for a SRL. Oh yes, there is the HUGE concern about liability (unproven, I think). Some @LawSocietyofBC benchers voiced this concern in their July 8, 2016 meeting. And it is hard to ignore that in Smallsville, BC, where the number of lawyers are limited, there is a possibility of getting every lawyer conflicted out. Yet enlightened lawyers love the simplicity, which allows them to help more people. So why are there not more service providers in BC (and for that matter, the rest of Canada) delivering LLS? Our law society rules allow for it. Sensing that perhaps, CJ Bauman last November 15, 2016 published his blog to invite lawyers to try something new. Having spent the summer chatting with lawyers, benchers and judges, I feel that many find the term: unbundled, may not be the most attractive or easy to understand term for SRLs. Perhaps, the stakeholders will consider adopting a consumerist approach to calling it Limited Legal Services. ! Dom Bautista is the executive director of Amici Curiae. The full version is in his LinkedIn page. www.lawcourtscenter.com bclawstaffrecruiting.com December 12 Law Office Management 101 December 15 Trust Accounting 101 In-Person / Webinar Unbundled 4 Unrepresenteds : An Uneasy Profession Looks to #A2J Ideas Heather Hui-Litwin, a former Toronto lawyer, spends a lot of time with self-represented litigants (SRLs). As she was headed to Vancouver this summer, I invited her to facilitate a conversation about last August 9, 2016. We talked about what was going on in Toronto; the bumpy start in Vancouver that led to one lawyer being investigated by the LSBC; and to why finding a lawyer who is willing to come out of the closet (as a SRL likes to put it) is a huge challenge. It is hard to ignore this practice management question: why give up full carriage of a file (and the handsome retainer)? Opening a file takes almost the same amount of time. Keeping notes is just as time consuming. Plus there is the stigma of not being good enough to handle an entire file. But we are not talking about Burrard or Bay St. clients, but your average Canadian. Ask any family lawyer who has come face to face with parties who are not

Upload: others

Post on 27-Jul-2020

6 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: Unbundled 4 Unrepresenteds : An Uneasy Profession Looks to ...lawcourtscenter.camp7.org/resources/Documents/LCC Briefly! Nove… · push to promote unbundled legal services is anything

Published by Law Courts Center NOVEMBER TO DECEMBER 2016

Unbundled,Uncontested,Unrepresented,

Underused: As an UneasyProfession Looks to IdeasBeyond Its Own, the recentpush to promote unbundledlegal services is anything but aslam dunk. Still, most agreethat while it is not an #A2Jpanacea, it is worth a try.

As justice stakeholders acrossCanada embraced the idea ofproviding self-representedlitigants with limited(unbundled) legal services(LLS), BC’s Chief JusticeBauman has been busy.Earlier this Spring, along withChief Justice MacDonald ofNova Scotia, and AssociateChief Justice Marrocco of theOntario Superior Court, andUniversity of Windsor’sProfessor Macfarlane, theyproduced a video: “JusticesSpeak Up For Unbundling”.

Early in the video, CJ Baumanarticulated this often repeatedhard truth: many cannot affordfull legal representation onmost problems.

in a position to pay, theprovision on LLS offers ahuge relief. An hour preparingfor examination discovery ortrial can be sound andstrategic investments for aSRL.

Oh yes, there is the HUGEconcern about liability(unproven, I think). Some@LawSocietyofBC benchersvoiced this concern in theirJuly 8, 2016 meeting. And it ishard to ignore that inSmallsville, BC, where thenumber of lawyers are limited,

there is a possibility of gettingevery lawyer conflicted out.Yet enlightened lawyers lovethe simplicity, which allows

them to help more people. So why are there not moreservice providers in BC (andfor that matter, the rest ofCanada) delivering LLS? Ourlaw society rules allow for it.Sensing that perhaps, CJBauman last November 15,2016 published his blog toinvite lawyers to trysomething new.

Having spent the summerchatting with lawyers,benchers and judges, I feelthat many find the term:unbundled, may not be themost attractive or easy tounderstand term for SRLs.Perhaps, the stakeholders willconsider adopting aconsumerist approach tocalling it Limited LegalServices. !

Dom Bautista is the executive director of AmiciCuriae. The full version is inhis LinkedIn page.

w w w . l a w c o u r t s c e n t e r . c o m

b c l a w s t a f f r e c r u i t i n g . c o m

December 12 Law Office Management 101December 15 Trust Accounting 101 In-Person / Webinar

Unbundled 4 Unrepresenteds : An Uneasy Profession Looks to #A2J IdeasHeather Hui-Litwin, a formerToronto lawyer, spends a lotof time with self-representedlitigants (SRLs). As she washeaded to Vancouver thissummer, I invited her tofacilitate a conversation aboutlast August 9, 2016. We talkedabout what was going on inToronto; the bumpy start inVancouver that led to onelawyer being investigated bythe LSBC; and to why findinga lawyer who is willing tocome out of the closet (as aSRL likes to put it) is a hugechallenge.

It is hard to ignore thispractice managementquestion: why give up fullcarriage of a file (and thehandsome retainer)? Openinga file takes almost the sameamount of time. Keepingnotes is just as timeconsuming.

Plus there is the stigma of notbeing good enough to handlean entire file. But we are nottalking about Burrard or BaySt. clients, but your averageCanadian. Ask any familylawyer who has come face toface with parties who are not

Page 2: Unbundled 4 Unrepresenteds : An Uneasy Profession Looks to ...lawcourtscenter.camp7.org/resources/Documents/LCC Briefly! Nove… · push to promote unbundled legal services is anything

B!201611 to 2016 12

THEY are one of themost marginalizedpeople in our society.

Transgender people mayendure discrimination in allfacets of their lives,sometimes quietly, loudly,directly or indirectly.

Words matter. Male.Female. You see these binary gender markers every-where – birth certificates,bathrooms, medical care,correctional institutions andthe list goes on. It is anintensely personal topicwhich some people maydread raising at all. Theanatomy of males andfemales are often assumed tobe the same as their genderswhen there are those who donot fit into a male or femalemold, or either of those gen-ders at all (i.e. non-binary).

For the purpose of this article, “they” is used as asingular and plural pronounwhere appropriate. Asidefrom its common use todescribe something generic,it is also an inclusive, gender-neutral pronoun fortransgender people. Ironic,is it not, to see a pronounthat is used both genericallyand purposefully for a groupof people.

This past summer AdrienneSmith (lawyer, advocate)spoke about transgenderissues at The Law CourtsCenter. The following is areflection of what they said,and a snapshot of how transgender issues havedeveloped over time in thecourts and generally.

How it started

Adrienne started at thebeginning – the birth ofsomething beautiful. Likeany story, they started offwith, “once upon a time, ababy was born”. Almostimmediately thereafter, ababy’s gender is createdwhen a doctor determinesthat the baby is one of twosexes. The notion that ababy’s gender can be basedsimply on physical attributesis a myth. For a transgenderperson, those who areassigned male or female at birth find themselves in conflict with that assignment, not because it istheir preference to live as adifferent gender, or neitherof them, but because it istruly who they are.

In 1969, police in Manhattanraided a gay club and a riotarose between the patrons ofthe club and the police.That riot sparked a protestand political march, laterbecoming today’s PrideParades . From grievous ori-gins to a family event, PrideParades have become anevent of celebration that hasgrown to include the trans-gender community as well.

That was 47 years ago.Progress is slow, and yetattainable.

Little by little, the legal,political and social landscape is changing atmunicipal, provincial andfederal levels. For example,to change their gender marker on their birth certificate, a person completes an applicationform and provides a fee andletter from a psychologist ora general practitioner. Goneare the days when VitalStatistics required proof of agender affirming operation.Some may not go throughwith a life-altering genderaffirming operation becausethey choose not to orbecause they cannot accessthe medical care to do it.

In other areas, some ratheralarming social issues exist.According to BC PovertyReduction Coalition, 1 in 4queer and trans youth in BCare forced out of their homesdue to severe family conflict.This marginalization canlead to living on the street,drug use, illnesses arisingfrom drug use, being over-policed due to living on thestreet and drug use, and ifsentenced to prison, beingassaulted while incarcerated.

The Law

Adrienne notes that discrimination against transgender people is sorampant that they do notrealize that they have rightsthat are explicitly protectedby the Canadian Charter ofRights and Freedoms and theBC Human Rights Code.

There are current legislationchanges afoot which bringssome hope. Bill C-16, in

Who are THEY? Making a Case For Why Words Matter 1/22 D I V e R s I t Y &   I n c L u s I o n s t u D I e s

particular, will amend theCanadian Human RightsAct, adding gender identityand gender expression to thelist of prohibited grounds ofdiscrimination, while theCriminal Code extends itsprotection against hate propaganda to those protected by gender identityor expression. Bill C-16 hasnot passed the Senate orreceived Royal Assent yet,but it seems likely that itwill, given that the bill was tabled by the sittinggovernment.

The case law also supportsthe rights of trans people.

In Kavanagh v. Canada(Attorney General), [2001]CHRD No. 21, CorrectionalService of Canada’s(“CSC”) policies regardingtransgender people were in dispute. One policy mandated the placing of pre-operative transgenderinmates into correctionalinstitutions in accordancewith their anatomical sexualcharacteristics, while another policy limited theavailability of gender affirming surgery to incar-cerated individuals (thisdecision is an older case so it refers to this type ofsurgery as a “sex reassign-ment” instead of “genderaffirming”). Kavanagh, atranswoman, had beenreceiving hormone therapybut had not undergone agender affirming surgery. !

The second part appearsnext month. Sharon Allegriniheads AC’s human rightsworkshops and is a paralegalat Bull, Housser & Tupper

' ' ' ' ' ' ' ' '' ' ' ' ' ' ' ' '' ' ' ' ' ' ' ' '' ' ' ' ' ' ' ' '' ' ' ' ' ' ' ' '' ' ' ' ' ' ' ' '' ' ' ' ' ' ' ' '' ' ' ' ' ' ' ' '' ' ' ' ' ' ' ' '' ' ' ' ' ' ' ' '' ' ' ' ' ' ' ' '' ' ' ' ' ' ' ' '' ' ' ' ' ' ' ' '' ' ' ' ' ' ' ' '' ' ' ' ' ' ' ' '' ' ' ' ' ' ' ' '' ' ' ' ' ' ' ' '' ' ' ' ' ' ' ' '' ' ' ' ' ' ' ' '' ' ' ' ' ' ' ' '' ' ' ' ' ' ' ' '' ' ' ' ' ' ' ' '' ' ' ' ' ' ' ' '' ' ' ' ' ' ' ' '' ' ' ' ' ' ' ' '' ' ' ' ' ' ' ' '' ' ' ' ' ' ' ' '' ' ' ' ' ' ' ' '' ' ' ' ' ' ' ' '' ' ' ' ' ' ' ' '' ' ' ' ' ' ' ' '' ' ' ' ' ' ' ' '' ' ' ' ' ' ' ' '' ' ' ' ' ' ' ' '' ' ' ' ' ' ' ' '

Page 3: Unbundled 4 Unrepresenteds : An Uneasy Profession Looks to ...lawcourtscenter.camp7.org/resources/Documents/LCC Briefly! Nove… · push to promote unbundled legal services is anything

www.lawcourtscenter.com150-840 Howe Street, Vancouver, BC Canada V6Z 2L2

SCHEDULE FOR DECEMBER 12, 2016

Law Courts Center

It is all about maintaining the public’s trust in the legal profession and your clients’ trust in your firm.The onus lies not only with the lawyers but to its administrators and support staff. In fact, everyonehas a role to make sure that the firm is running smoothly, that the firm meets its obligation to its clients,regulators and to society as a whole, specially now that firms are being regulated by our law society.(Fee $548.80)

Knowing what the expectations are and establishing the processes to make sure that these are met aretwo of your key responsibilities. Regardless of the size and practice area of a law firm, it needs to operateproperly.

For lawyers and administrators in small to midsized firms, who have to wear many hats, this is the time totake steps to professionalize your training either for yourself or your second-in-command. The course willsensitize you to the standards and expectations of the profession.

This is a made specifically for BC firms to provide them with a framework for understanding what isneeded to manage a law practice. The course outine is set out in the next page.

This 7 hour course focuses on professional responsibility, ethics, client care and relations. See the reversepage for details. Attend in-person.

At the end of your studies, you will be able to:1. Develop best practices in advance of Law Society of BC firm regulation rules;2. Explain the duty & ethical obligation that lawyers have in managing information technology in their practice:3. Improve the full cycle of talent management of the firm's human resources; and4. Devise strategies for sudden departure, long term disability, disbarment & death.

Workshop Timeline09:00 Introductory Remarks 09:30 Servicing Clients: Are they really much more demanding now?10:00 The New Law Firm Workplace: Gender Identity, Age & Inclusion10:30 Coffee10:45 Law Firm Regulation11:15 Technology Competence & Law Practice12:00 Lunch1:00 Q&A1:30 Under the Hood: Checklist of Internal Controls2:15 Human Resources: Recruiting Strategies3:00 Coffee3:15 Human Resource: Retention Strategies4:00 Human Resources: Planning for the 4DsDeparture, Disability, Disbarment & Deat4:45 Wrap Up v 1611 B!

Law Office Management 101for Sole Practioners and Mid-size Firms

Page 4: Unbundled 4 Unrepresenteds : An Uneasy Profession Looks to ...lawcourtscenter.camp7.org/resources/Documents/LCC Briefly! Nove… · push to promote unbundled legal services is anything

Law Office Management 101A Tale of Designated Paralegal Defalcation & Why Supervision Matters

www.lawcourtscenter.com150-840 Howe Street, Vancouver, BC Canada V6Z 2L2

7pm. My phone rings. A sole practitioner asks: "Dom can you recruit a designated paralegal (DP) for me?" In ourconversation, I learned that the lawyer last May had to go on a sudden extended leave of absence and theyinstructed their DP to carry out file openings including receiving retainers. The lawyer employs a bookkeeper.

Last week, a client wrote the lawyer to complain why nothing was happening to their case. The lawyer wassurprised to learn that they had been retained. The client even showed the lawyer the cancelled cheque. That iswhen the lawyer found out that client was one of ten ghost files. The DP is nowhere to be found along with aconsiderable sum of monies.

There are 3 issues I raised with the lawyer: the nature of designated paralegals; the need for a designated lawyerlocum; and trust assurance matters.

First, much as I would love to be retained to find a designated paralegal that evening, the best I could do is find aqualified paralegal. I reminded the lawyer that designating someone DP is an act of trust between counsel andparalegal. A crucial key to that trust is an ongoing supervision of each file; and the maintenance of checks andbalances to ensure the DP is onside. Always.

Two, when I teach Law Office Management 101 (December 13, 2016), I make it a point to talk about the 4Ds.(Lisa, who co-presents with me, cringes whenever I teach this, after all, who wants to talk about death, disbarment,disability and departure?) For sole practitioners, it is crucial to have another lawyer available to take over theirpractice is crucial - to have someone who can hit the ground running. We discuss what the best practices are in ourcourses.

Delegating to staff, while convenient, can put a lawyer's ability to practice in jeopardy. In the case of the lawyer onthe phone, while file opening can be delegated to a competent staff, and receiving retainers may be unavoidable, Ihave reservations about delegating the acceptance of retainers to staff. Of course, there are lessons to be learnedfrom how lawyer Mr Penty opened client files. In this lawyer's case, a longtime trusted DP managed to defalcatethe practice, notwithstanding that there was a bookkeeper in the firm. I will discuss how this is an issue now thatfirms are regulated by our law society in class.

Third, I suggested to the lawyer to focus on a review of their trust accounts. I encouraged them to immediately:- write our law society because it is now a Division 7 matter, notwithstanding that they have accounted forthe missing retainers; - communicate with a practice advisor to seek guidance on what the next steps ought to be; and- check in with the Lawyers' Insurance Fund in case their may be potential claims.

It was a very troubling conversation, one which we can learn a thing or two from.

If you have firm regulation questions, you can connect with me.

If you have staffing needs, check out our website here.

Here are the other courses this Fall:Law Office Management 101 December 12, 2016Business of Law 201 December 13, 2016Trust Accounting 101 December 15, 2016 in-person or by web.

CPD: 7.0 including 7.0 for practice management and ethics.

Page 5: Unbundled 4 Unrepresenteds : An Uneasy Profession Looks to ...lawcourtscenter.camp7.org/resources/Documents/LCC Briefly! Nove… · push to promote unbundled legal services is anything

Supple leatherbrief cases perfectfor chambers, CPCs, TMCs or trials!

So we get a littleintense in our trustaccounting class when

we talk about why law firmslove banks. Or not. All thosemistakes they make, despitewhat firm staff do fromwriting instructions tocalling in advance, trustaccount instructions seem tofall on deaf ears. Errorscontinue to occur.

Earlier this Fall, I was invited by the administratorof a small firm to talk abouttheir human resourcesneeds (Law Courts Centerhas begun helping firmsrecruit staff.) But before wecould get into that conver-sation. my host just had tovent. A little.

Her trust account personhad gone on her holidays,and so she took over operating the trust accounts.In a span of a week, herbank made two errors.Exasperated she said:“What a huge waste oftime!”

She bemoaned their inabili-ty to pick up the phone tocall someone in theirbranch because the bankrecently moved their clientservices to Toronto. (Yearsago, a branch manager toldme that the most expensivepart of banking is having abranch, and long bankhours are costly.)

The law firm has beendoing business with theirbank for decades; and

despite the continuous bankfees increases, the servicelevels keep declining, they just put up with it. Isuggested cutting theumbilical cord. My hostreplied: "Our managingpartner won't go for it!"

First, let me address theDivision 7 matter. As trustfunds are the clientsmoney, every penny mustbe accounted for.

Here are 3 questions youmight want to know.

1. What happens to all theletters that you get from afirm that reports a Division7 error?

2. Has a firm ever beenpenalized because theyhave too much, even if asignificant portion of theerrors were caused by theirbank?

3. Would it best in thefirm's best interest toswitch to another bank?

Call me old-fashioned, butwith no local person tocall, will the centralizationof client services toToronto bring rise toerrors? That remains to be seen; but it sure willmake fixing errors morechallenging.

Next, from a firm regula-tion perspective, here aremy 3 thoughts which I saidto her: As a supervisor, it is

3 p R a c t I c e m a n a g e m e n t

On Trust Shortages: Should a Firm Fire Its Bank?good to take on the opera-tions of the trust accounts(and general accounts) atleast once a year. It pro-vides you with a chance tocheck if everything is inplace. I am not worriedabout her trust accountant,she trained with us. Butyou were able to see theimpact of the recent changeof client servicing that thebank imposed on your firm.

Maybe it is time to seewhat other financial institutions are out there. Ihave always felt that thebig disadvantage that creditunions had was that theydo not have a massive network of branches. Thatbanks are cutting back onbranch services almostnegates that advantage. The upside of consideringcredit unions is their unlimited insurance coverage of deposits inmost circumstances; whilebanks are limited to insur-

ance coverage $100000 inCanadian funds.

Measuring the time it takesto open a new trust accountand writing each client isless compared to the time ittakes for each error to becorrected and for the man-aging partner to review thematter. Think of the lostbillable time and adminis-trative costs.

In the new regime of firmregulation, with@LawSocietyofBC encour-aging proactive processes;the firm may be better offby avoiding this type ofrisk simply by changinginstitutions. Now. It may bethe smart thing to do.

If you want to learn more,consider joining us for:

Trust Accounting 101December 15, 2016 in-per-son or by web.. !

B!201611 to 2016 12

Bank vs.Credit Union

Page 6: Unbundled 4 Unrepresenteds : An Uneasy Profession Looks to ...lawcourtscenter.camp7.org/resources/Documents/LCC Briefly! Nove… · push to promote unbundled legal services is anything

Legal Education

Trial Brief Preparation

Legal Printing & Legal Supplies

legalpresents.com

Briefly! is intended to provide information on new developmentsin litigation and lawpractice management.

For information,contact Dom Bautistaat 604.685.2727 or [email protected]

Law CourtsCenter840 Howe ST #150Vancouver V6Z 2L2

4 H u m a n R e s o u R c e m a n a g e m e n t

Now that I recruit forfirms, I hear this enti-tlement plaint from a

lot of HR managers, I am notsure if new hires from paralegal and LAA schools geta bad rap: that they have thissense of entitlement. Havingtaught some of them, I pennedthis letter for them: Do NotJust Show Up

Dear New Grad:

So it is your first real job? Youhave finished your educationand you have finally got yourfoot in the door and are juststarting on the ladder to yourdream job.

What can you do to make surethat you do all the things youneed to do to make that dreama reality. Here are some tipsfor doing just that:

• Remember that you have juststarted at this office and eventhough you might have somegreat theoretical knowledge,what you do not have isinsight into the office you areworking in. So do not go in and suggest that they completely revamp their computer system or their filingsystem or their accounting system. This is not a good wayto start your new career. Doyour job and do it well. Thiswill get you noticed and in amuch more positive way thanif you tell them what you thinkthey are doing wrong.

• Do not be afraid to ask howyou are doing. Do not wait foryour annual performancereview to find out if you aredoing a good job. Or if you arenot. And if you get negativefeedback, listen and ask howyou could do better. Often, ifyou deal with negative feed-back in a positive way, youend up further ahead than youwould have been otherwise. If you deal with it well, yoursupervisor will see you as a mature, competent, professional individual andthat is exactly what you want.

• Keep track of what you areaccomplishing – both smalland large things. If you get araise or a promotion, that isgreat, but do not forget to keeptrack of the first time you useor help create a new system orcomplete a task you havenever done before. Keepingtrack of these accomplish-ments provides you with twothings: positive reinforcementfor you and positive anecdotesor information for yourresume. • Remember that we do notalways find the perfect job firsttime out. Make sure that youare doing the right thing, thatthis really is your dream job. Ifit is not, do not be afraid tostart looking for somethingnew. Because all of us havebeen in a place where we have had to try two or threedifferent jobs before we foundthe right one. Being a novicedoes not mean being clueless,but it does mean that you needto pay attention. You need tobe professional and you needto work hard. If you do thesethings, you will be well onyour way to that dream job. !

Sincerely,Dom

• Do more than your job. Thisdoes sound a bit contradictory,but it is not. If you are hiredto be the accounting clerk, bethe best accounting clerk it ispossible to be. If you are thecorporate records assistant, doit as well as it is possible todo. Clean out the old files,rearrange the shelves so that there is more room. Dowhatever it takes to do yourjob and exceed expectations.

• Know what it is you wantfrom the experience of thisfirst job. If you want to moveahead, you need to know howit is you’re going to do that.Have a conversation with yoursupervisor about what youwant and what you will do tomake it happen. If you want tobecome a senior paralegal, letthem know that, but makesure you let them know thatyou realize it won’t happenovernight. Ask them what youshould be doing to make thishappen.

• Network. Do not just talk tothe people in your immediatevicinity, talk to everyone.Because maybe, just maybe,you were thinking you wantedto work in estates but it turnsout that conveyancing is yourpassion. Talk to the people inother departments, in otherfields. The more people youget to know, the more peoplewho get to know you, the better.

On Entitlement: Are Newly Minted Paralegals & LAAsGetting a Bad Rap? (Stuff They Should Know About)

B! 201611 to 12

E-Manuals @ $ 152.25

Business of Law Heads of DamageHR for Small Firms

Law Office ManagementPart 7 Benefits 101

Trial Prep for Plaintiffs

On Twitter: @lccdombautista

Page 7: Unbundled 4 Unrepresenteds : An Uneasy Profession Looks to ...lawcourtscenter.camp7.org/resources/Documents/LCC Briefly! Nove… · push to promote unbundled legal services is anything

LOCATION Law Courts Center CPD Room 150 - 840 Howe St, Vancouver BC V6Z2L2

INSTRUCTORS:

KRISTA ADAMEK Law Society of BC Trust Regulation Department Auditor

DOM BAUTISTA Law Courts Center Executive Director

Registration:For lawyers, go to: WWW.LAWCOURTSCENTER.COM

Course Fees: (course materials and GST 128573300 included) q Single In-Person Seat (TRA 101) $625

q Single Webinar Seat License (TRA 101w) $625

q Please send me a copy of the manual includes shipping and GST. $152.25

1602 B!

Learn about the Trust Regulation Department of the Law Society of BC and seven key concepts in

trust accounting. You will also learn how to set up and operate trust accounts pursuant to the Legal

Profession Act and Law Society of BC Rules. Finally, you will gain an understanding of the reporting

requirements of the law society. Discover the best practices and tips from senior auditors of the Law

Society of BC Trust Regulation Department. This 7 hour course focuses on professional responsibility,

ethics, client care and relations. You have a choice between attending in-person or by webinar.

SCHEDULE FOR DECEMBER 15, 2016 (9:00 AM TO 5:00 PM)Law Courts Center

Trust Accounting 101 – From Fundamentals to Best Practices

!"#$%&'(()#*%+*,

-.$%&/"0(%+(.$

!"#$%&'(()#*%+*,!"#$%&'(()#*%+*,!"#$%&'(()#*%+*,!"#$%&'(()#*%+*,!"#$%&'(()#*%+*,!"#$%&'(()#*%+*,!"#$%&'(()#*%+*,

-.$%&/"0(%+(.$

!"#$%&'(()#*%+*,

-.$%&/"0(%+(.$

!"#$%&'(()#*%+*,

-.$%&/"0(%+(.$

!"#$%&'(()#*%+*,

-.$%&/"0(%+(.$A

!"#$!%&$'(

)%*&+,-./#$012,3

45/#&3,%.6

!"#$!"#$!%&$'(!%&$'(

)%*&+,-./#$012,3

45/#&3,%.6

)%*&+,-./#$012,3

45/#&3,%.6

)%*&+,-./#$012,3

45/#&3,%.6

)%*&+,-./#$012,3

45/#&3,%.6

)%*&+,-./#$012,3)%*&+,-./#$012,3

45/#&3,%.645/#&3,%.645/#&3,%.645/#&3,%.6

Page 8: Unbundled 4 Unrepresenteds : An Uneasy Profession Looks to ...lawcourtscenter.camp7.org/resources/Documents/LCC Briefly! Nove… · push to promote unbundled legal services is anything

Trust Accounting 101 - Lessons in Professional Misconduct

Not showing up at your hearing is not a good way to start. Charles Albas, was invited to explain 8 allegations of allegedlawyer misconduct last February 16, 2016. He did not attend. The 8 issues can be distilled into 3 areas. The first related toborrowing of monies from clients and the provision of legal services where the he was alleged to have a direct or indirectfinancial interest in the subject matter of the legal services. The second related to candour with the court and opposingcounsel. The third related to the duty to notify the law society of unsatisfied judgments.

As the rules for firm regulation are being developed, it is important for every person in the firm (ie trust accounts staff), toappreciate that professional misconduct is a serious act. While the Legal Profession Act, the Code of Professional Conductfor BC and the LSBC rules do define professional misconduct, the case Law Society of BC v. Martin, 2005 LSBC16,articulated: “The test that this Panel finds is appropriate is whether the facts as made out disclose a marked departure fromthat conduct the Law Society expects of its members; if so, it is professional misconduct.”

Here are three lessons to takeaway from the Albas case:

1. Conflicts of interest have to be avoided. Borrowing money from a client puts the lawyer's loyalty to the client at risk.

2. Judges rely on lawyers as officers of the court; implicit in that relationship is trust - that lawyers will always honour theirduty of candour to disclose all material facts.

3. Lawyers are required to report all unsatisfied judgments. The current Rule 3-50 is worth revisiting.

Mr Albas is another sad tale of a long time practitioner leaving under unpleasant circumstances, he has since left theprofession and has declared bankruptcy. Still as a deterrent, our law society suspended him for 4 months and fined him$5706.10 for costs.

If you want to learn more about trust accounting, join us for a full day course on December 15, 2016 in-person or by web.CPD:7.0 including 7.0 for practice management and ethics.

Law Courts Center 150-840 Howe Street, Vancouver, BC Canada V6Z 2L2

Page 9: Unbundled 4 Unrepresenteds : An Uneasy Profession Looks to ...lawcourtscenter.camp7.org/resources/Documents/LCC Briefly! Nove… · push to promote unbundled legal services is anything

Accounting, Taxes and Trust Assurance: Attend these at any time.Presented with the Law Society of BC, Canada Revenue Agency and Ministry of Finance. For lawyers and articlers claiming CPD hours, the Law Society of BC rules require that when watchingan archived video, you must watch it with another lawyer or articling student (not your secretary). Thisis so you have a chance to discuss it and clarify issues with one another. All license fees are per person.

q Trends in Law Office Management (LOM 102r) $288.75 This half day seminar for small firm practices focuses on finding new ways to facilitate change, updatingworkplace policies and developing best practices to manage the firm, more so now as the Law Society of BC isnow regulating the conduct of firms. [CPD / Practice management: 3.5 hours]

q Tax on Legal Services Recorded Lecture (TLS 103r) $288.75 In this 2.75 hour long seminar, the CRA and the Ministry of Finance discuss situations in which both GST andPST could apply in the provision on legal services; the application of taxes on disbursements; best practices to beaudit compliant; and where to access tools and information to help your firm comply with the rules. [CPD /Practice management: 2.75 hours]

q Trust Accounting 101 Recorded Lecture (TRA 103r) $625.00In this 5.5 long course, Law Society of BC auditors will teach you how to open and operate trust accounts,prepare for compliance reporting and audits. You will understand the professional responsibilities associated withtrust accounts. [CPD / Practice management: 5.5 hours]

q Trust Assurance Management Recorded Lecture Handling Unclaimed Trust Funds: Do you Refund,Remit or Retain? (TAM 101r) $131.25 [CPD / Practice management: 1 hour]In this hour long lecture, the Law Society of BC discusses how to handle unclaimed trust funds; outline bestpractices for handling unclaimed trust funds; and be familiar with the publications, resources and forms on theLSBC website.

q Trust Assurance Management Recorded Lecture Trust Accounting Internal Controls: What do youneed to know? (TAM 102r) $131.25 [CPD / Practice management: 1 hour]In this hour long lecture, the Law Society of BC discusses what is meant by internal controls and its benefits ofinternal controls; facilitate your development or update your firm's internal control procedures; and be familiarwith the publications, resources and forms on the LSBC website.

q Trust Assurance Seminar Lecture (TAS 102r) $315 [CPD / Practice management: 3 hours]In this three hour long seminar, the Law Society of BC discusses the Law Society file opening requirements; howto meet the financial reporting requirements of the firm; and how to avoid getting into the discipline digest.

Desk Reference Manuals and MonographsPrepared in cooperation with the Law Society of BC, Canada Revenue Agency and Ministry of Finance

q Law Office Accounting 101 Desk Reference Manual $152.50 (+ shipping)q Law Office Management 101 Desk Reference Manual $152.50 (+ shipping)q Trust Accounting 101 Desk Reference Manual $152.50 (+ shipping)q PST and GST FAQs for BC Law Firms Monograph $168

Law Courts Center

Resources for Practice Management & Trust Accounting

LAW COURTS CENTER: www.lawcourtscenter.com

PAYMENTS Please make the cheques payable to Law Courts Center and return to: Law Courts Center 150 - 840 Howe Street, Vancouver, BC V6Z 2L2.

For more information please email <[email protected]>, or call 604-685-2727. v1604