 Trust Administration Fee Task Force
The CBABC Executive Committee, in response to concerns raised by members, has struck a new Task Force to address concerns raised about the implementation of the Law Society’s Trust Administration Fee (TAF). Task Force members include Stella Frame, Ian Aikenhead, Ted Strocel and senior staff at the B.C. Branch.
The Task Force put out a call for information and feedback from members, and the response has been immediate and voluminous. The Task Force extends its thanks to all members and law firm administrators who have taken the time to share their thoughts.
As a next step, the Task Force has extended a meeting invitation to Ralston Alexander Q.C., Law Society of B.C. President and former Chair of the Conveyancing Practices Task Force that recommended the TAF to the Benchers of the Law Society.
Any member who wishes to provide input on the work of the TAF Task Force is encouraged to do so, as the CBA explores options for action in response to concerns about the TAF. Please send comments to Task Force Chair Stella Frame at cba@bccba.org.
Articling Survey
There’s nothing like mentioning the search for an articling position to provoke some anxiety in the mind of a law student. Much of the stress flows from a sense of not having sufficient information about the process. With this in mind the Canadian Bar Association, B.C. Branch, wants to help students relax a little by getting the “straight goods” on articling positions. A survey has been e-mailed to a target group of CBA members and is also available online for anyone interested in providing advice at cba.org/BC. This survey was designed to obtain some basic information and practical advice about the process from the perspective of current articling students and young lawyers, to be shared with incoming students. A new section for students will soon be created on the CBABC website, and the survey results will be moved to this area once it is complete.
To date, 54 members responded to our Articling Survey and all results are also available online to CBA members.
This is the first survey the CBABC has created. The redesign of our website has enabled the CBABC to use this valuable new survey tool created in-house by the CBA National office. If there are other issues members think we could address in a survey format, please forward your suggestions to webmaster@bccba.org.
Smart Site: Legal Careers
CBA members, this job site is for you. View most job-related inserts before BarTalk is mailed and jobs advertised through the weekly e-mail to CBA members. Click “Practice Resources” and then “Legal Careers” – you will need your CBA ID number to log in.
Section Enrolment 2005/2006
Watch for your Section enrolment renewal package in your e-mail inbox in July! Next year more meetings will be held by teleconference, making it easier for you to attend. Enrolment is dependent upon you being a CBA member.
Sections keep you up-to-date on practice trends and new developments in the law. Meetings provide a venue for members to network with colleagues to discuss issues affecting specific areas of practice. Enrolment gives you access to the CBABC website to view or download current or archive materials. Section enrolment forms for 2005/2006 will also be available online at cba.org/BC.
10 Deal Breakers for Clients
These bad habits can be the beginning of the end of the lawyer-client relationship:
- Hang up on your client.
- Consistently get your accounts wrong.
- Never answer your phone – have the answering machine pick it up.
- Take your time getting back to clients.
- Constantly tell clients how swamped you are.
- Be clueless about your client’s business.
- Double-lawyer as much as possible.
- Disclose information from another retainer.
- Don’t keep your client in the loop.
- Don’t bother to contact your clients until you send them your bill.
For more information, please read CBA PracticeLink's full article: What Do Your Clients Really Think of You?
Lawyer Referral Service Increases Consultation Fee
Effective January 1, 2005 lawyers registered with the Lawyer Referral Service (LRS) will charge $25 (plus tax) for the initial half-hour consultation.
For more information call 604-687-3221 or toll-free 1-800-663-1919.
Win Tickets to The Foursome
Enter to win two tickets to the Arts Club Theatre Company’s performance of “The Foursome” at the Stanley Industrial Alliance Stage (formerly the Stanley Theatre] in Vancouver by e-mailing your name to cba@bccba.org with the subject “BarTalk Contest.” The contest will close on July 8 and we will hold a draw shortly thereafter and contact the winner by phone. You must be a CBA member to be eligible to win. (Please allow up to 10 business days for processing membership fees.)
Congratulations to Orysia Semotiuk of McCarthy Tétrault in Vancouver who won two tickets to “Miss Saigon.”
Notice to the Profession: Proposed Amendment to Rule 26
The Supreme Court Rules Revision Committee continues its consideration of the problems created by Peruvian Guano. It is believed that the test for producibility is too broad and that the volume of documents disclosed has become overly burdensome, both to the party giving production and to the party receiving production. There is a consensus on the Committee that change is needed and that Rule 26 ought to be amended.
The Committee will not reach a conclusion on this question before the end of the Rule 68 pilot project on September 2, 2007. The solution to the Peruvian Guano problem may be found in that pilot project. Due to the importance of the issue to litigants, we hope for continuing input from the bar.
Some members of the Committee believe that more fundamental change than Rule 68 provides is required. They have prepared a draft rule to replace Rule 26. If adopted, this new rule would provide for: - mandatory disclosure of only those documents which the disclosing party intends to put in evidence;
- ad hoc court-ordered disclosure of other documents only where the party seeking disclosure can demonstrate that another person may reasonably be expected to have documents which would be admissible to prove or disprove a fact in issue; and
- Peruvian Guano disclosure only where the party seeking such disclosure can satisfy the court that such disclosure is appropriate in a particular case.
At the conclusion of the Rule 68 pilot project, the Committee will consider all of the options and comments presented to it and will make a recommendation to the Attorney General. All members of the bar are encouraged to send written comments to the Committee, care of Ms. Judith Hoffman, Secretary, Rules Revision Committee, the Supreme Court of B.C., 800 Smithe Street, Vancouver, B.C. V6Z 2E1.
These articles were published in the June 2005 issue of BarTalk. © 2005 The Canadian Bar Association. All rights reserved. |
