If it did not exist, it would have to be created

In the May-June edition of the Benchers’ Bulletin, Law Society President Howard Berge, QC, describes “... the precipitous decline of the common law and of the independence of the legal profession.” President Berge then references the developing situation in Australia, observing that in New South Wales the government has recently given the 18,000 member Law Society until July, 2004 to separate its regulatory and member services functions. President Berge notes that in Queensland, the State Government has moved to transfer the Law Society’s investigatory and prosecutorial role in lawyer discipline to a newly created Legal Services Commission.

As President Berge puts it, “All of this speaks to the need for Law Societies to behave in a manner beyond reproach and to defend the principle of self-regulation with conviction and integrity. Without question, our work as a Law Society must be shown as serving the public interest – our primary statutory mandate – and not our own interest as lawyers. This is fundamental to preserving public confidence in professional self-regulation.”

In British Columbia, the members of the Law Society acted long ago to recognize and deal effectively with the dilemma. On January 1, 1948 all members of the Law Society of British Columbia were enrolled as members of the Canadian Bar Association. Alfred Watts, QC, records the further evolution of this relationship in his book “History of the Legal Profession in British Columbia 1869-1984”, at page 23:

“...C.C. Locke, QC, a Bencher, later President of the CBABC, later Treasurer and now Mr. Justice Locke presented a very comprehensive letter on the future of the Society to the then Treasurer, C.D. McQuarrie, QC, dated November 23, 1967, suggesting a delineation of responsibility between the Law Society and the local section of the Canadian Bar Association – a sentiment which was similarly expressed by the retiring President of the Vancouver Bar Association, J.D. Taggart, QC, now Mr. Justice Taggart. The suggestions of Locke and Taggart were canvassed at special meetings of the Benchers and it was decided that certain non-statutory duties should be passed to some other body, and while possible new organizations were considered the B.C. Branch became the recipient commencing with the responsibility for law reform and continuing legal education in 1968.”

Mr. Watts concluded that as a result the Law Society enhanced its overall capability and, in promoting the effectiveness of the B.C. Branch, produced a better-rounded profession on both a provincial and national basis.

The primary mandate for the Canadian Bar Association was and continues to be “lawyers for lawyers.”

What is clear from the developing international debate is that there is a move toward the division of functions now being mandated to the Law Society of New South Wales. We can be proud that B.C. lawyers recognized so long ago the importance of a division of responsibilities between the Law Society of B.C. and the Canadian Bar Association, allowing both organizations to effectively fulfil their respective mandates.

This article was published in the August 2003 issue of BarTalk. © 2003 The Canadian Bar Association. All rights reserved.