This issue of Benchers’ Notes contains information on selected topics considered by Benchers at Convocation and otheritems of interest to the Bar. This edition of Benchers’ Notes is available online at www.lawsociety.nf.ca.

Benchers’ NotesSpring 2016 Volume 17, Number 1

President’s ReportPresident, Barry Fleming,QC for the CanadianSociety of AssociationExecutives’ Symposiumon governance wherewe had the opportunityto meet and interactwith people from otherorganizations and dis-cuss best practices. InMarch, 2016 we trav-elled to Alberta for theFederation of LawSocieties’ Semi-AnnualMeeting and Confer-ence where a consensuson most of the outstanding governance issues wasreached providing us with an opportunity to focus onfuture initiatives.

On 16 March 2016, I, along with Ms. Grimes, QC andMr. Fleming, QC met with Minister Parsons, AttorneyGeneral and Minister of Justice and Public Safety andvarious department representatives. Items on theagenda for discussion included, Self-Representationof Corporations; Insurance Reform; Issue re: PossibleVariation of the Wills Act/Trust Legislation;Limitations Act; and, Dismissal of Criminal Charges.The discussion was useful and all parties agree thatthis annual meeting between representatives from theLaw Society and Department of Justice and PublicSafety is important and should be continued as ameans of addressing issues of mutual concern.

The Law Society of Newfoundland and Labrador196-198 Water Street

PO Box 1028St John's, Newfoundland

Canada A1C 5M3

Tel (709) 722-4740 Fax (709) 722-8902

Welcome to the spring edition of Benchers’ Notes. Ihope that by the time this edition reaches you, we arewell and truly into warmer weather!

Reflecting on my term as President, this past year hasbeen filled with challenging opportunities andthought-provoking discussions and debates and Ihave appreciated the opportunity to share ideas andcommunicate with Benchers, Law Society membersand staff. The following is my final report as yourPresident.

In November, 2015 the Law Society held a two dayStrategic Planning Session where Benchers met to dis-cuss the challenges facing the legal profession. Led byan outside facilitator, we all participated in brain-storming sessions to consider how the Law Societycan ensure that the regulatory infrastructure is ade-quate to protect the public now and into the futuregiven the rapidly evolving practice of law. These ses-sions were valuable and provided clear direction onhow we must prioritize the initiatives that wereagreed upon. While the discussion ranged over manytopics, including entity regulation and alternate busi-ness structures, ultimately Benchers concluded thatour current focus is best placed on different ways toaddress the challenges posed by disciplinary mattersthat may engage mental health issues and to supportand assist members in practice management and lossprevention.

In late February, 2016, I travelled to Ontario withExecutive Director, Brenda Grimes, QC and Vice-

Susan M. LeDrewPresident, Law Society

of Newfoundland and Labrador

On the more social side of the job,I had the opportunity to attendvarious ceremonies and receptionsto honor colleagues receivingawards or setting out on newcareer paths and to also attend cer-emonies of other regulatoryorganizations. I was delighted toattend the Swearing-in ceremonyand reception for Queen’sCounsel on 11 February 2016where Linda S. Bishop, QC, BrendaP. Boyd, QC, W. John Clarke, QC,Genevieve M. Dawson, QC, DavidP. Goodland, QC, Gregory F. Kirby,QC, Jamie P. Martin, QC, Gary F.Peddle, QC and, G. Todd Stanley,QC were appointed. It was also apleasure to officiate at the 19

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Benchers’ NotesBenchers’ Notes

The Law Society

February 2016 Call to Bar,presided over by The HonourableAlphonsus E. Faour, where a totalof 14 students became lawyersand the 15 April 2016 Call to Bar,presided over by Chief JusticeWhalen, where a total of 9 stu-dents became lawyers. The abilityto participate in each Call to Bar isalways an enjoyable experienceand a great opportunity to meetwith the newest members of ourbar, the number of which is steadi-ly increasing.

It is always sad to report on thepassing of current or former mem-bers of our bar. With regret I notethe passing of four mem-bers/former members of our Bar:

Mr. Justice T. Alexander Hickman,Mr. James L. Thistle, QC, Mr. JohnG. Kelly and Mr. Gerald R.Fleming. These men will be great-ly missed by family, friends andcolleagues.

As I stated in the beginning of myreport, I have truly enjoyed mytime as President of the LawSociety. The opportunities andchallenges which come with thisposition, while at times arduous,are always rewarding. Thank youto everyone who I have workedwith this past year and I wish theLaw Society Benchers and staffcontinued success. ■

A Ferryland Merchant - MagistrateThe Journal and Cases of Robert Carter, Esq. J.P.

1832-1840

The eleven books shown here have been published in recentyears by the SS Daisy Legal-History Committee. They offer avaried and interesting look at the development of law inNewfoundland and Labrador over the last two centuries andmore. Please call 722-4740 for details on how you can purchasea copy or several – they make a great gift for any history buff(s)you might know!!!

Publications of the SS Daisy Legal-History Committee

Note fromBrenda B. Grimes, QCExecutive Director

3of Newfoundland and Labrador

Benchers’ NotesBenchers’ Notes

to assess the changing environmentand respond.

Strategic planning is also an impor-tant mechanism in helpingBenchers to focus on governanceand policy as opposed to the day today operations of the Law Society.The strategic plan will help to clar-ify what Benchers expect from staffand allow operational priorities tobe set accordingly.

With this in mind, Benchers andSenior staff of the Law Society meton 22 and 23 November to gatherinformation and ideas on ways theLaw Society can better regulate thelegal profession, in the public inter-est and to begin to develop a strate-gic plan.

The takeaways from the sessionswhich we hope to incorporate intoa strategic plan included both shortterm and longer term goals such as

In her report, our Presidenttouched briefly on the strategicplanning sessions that we held inNovember, 2015. I would like totake this opportunity to expand alittle on the importance of strategicplanning and the initiatives wehope to implement as a result ofthese sessions.

Ensuring that the Law Societyengages in strategic planning isimportant because the Law Societydoesn’t exist in a vacuum – it has amandate to regulate the legal pro-fession and the practice of law, inthe public interest. As the needs ofthe public change, so too must themethods of regulation. Strategicplanning provides an opportunity

Brenda B. Grimes, QCExecutive Director

complaints resolution without for-mal discipline; random practiceaudits and practice managementtraining.

While we have successfully imple-mented many of the short term ini-tiatives, the longer term initiativeshave resource implications whichrequire further review andresearch.

In keeping with the theme ofenhanced governance, this fall weheld a new Bencher orientation ses-sion which we hope, along with theorientation manual developed lastyear, helped our incomingBenchers to better understand thework of the Law Society and theirresponsibilities to the public. Weintend to continue to improve onour orientation process as we moveforward.

In closing, I would like to remindyou that the Law Society’s AnnualGeneral Meeting will be held onFriday, 10 June 2016 at 2:00 pm atthe Law Society. Our AnnualDinner and Cocktail Reception willbe held the evening of Friday, 10June 2016. You will find the regis-tration form and further details onthe Annual Dinner and CocktailReception on our website,www.lawsociety.nf.ca . ■

Eastern District:Donald E. Anthony R. Paul BurgessAmy M. CrosbieRobin L.M. FowlerAnn F. MartinDonovan F. Molloy, QCLiam P. O’BrienLeanne M. O’LearyIan S. PateyIan C. Wallace

Dr. Donovan DownerLinda Harnett

Glenda ReidBert Riggs

Officers

President: Susan M. LeDrewVice-President: Barry Fleming, QC

Elective Benchers

Appointed Benchers

BenchersLaw Society of Newfoundland and Labrador

Central District:Renee L.F. ApplebyRebecca A. Redmond MacLean

Western District:James E. Merrigan, QC

Trevor A. Stagg

Labrador District:Adrienne S. Edmunds

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The Lawyers’ Insurance Programme funds the Professionals’ Assistance Program as part of riskmanagement. We understand the value of the services you provide and we are committed toensuring that you have the support you need to serve the public properly.

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Trouble logging in? Please call the ClientService Centre for immediate assistance at1.800.663.1142.

Our Professionals’ Assistance Program

The Law Society

Benchers’ Notes

4

October 2015The 6 October 2015 meeting ofBenchers was presided over byVice-President, Barry Fleming, QCin the absence of the President, Ms.LeDrew. Mr. Fleming, QC openedby welcoming the new Benchers,Mr. Robin Fowler, Mr. Ian Patey,Ms. Renee Appleby, Ms. RebeccaRedmond MacLean, and Mr. TrevorStagg. Introductions were madearound the table.

Benchers were advised that prepa-rations for the strategic planningprocess were underway and it wasnoted that any plan would need tobe dynamic and subject to review tobe effective. Next, the InsuranceCommittee tabled their report.Chair of the Insurance Committee,Ms. Ann Martin noted that theCommittee had meetings in June,July and September which wereprimarily dominated by discus-sions regarding the TransactionLevy. She also advised that theactuary had been engaged to adviseon how to deal with any money inexcess of the Capital Pool target, ifand when that target was reached.Benchers discussed the best way toaddress the prevalence of missedlimitation claims and theCommittee was asked to considerbest practices in this area andreport back to Benchers.

The meeting then turned to a dis-cussion on the Transaction Levy.Benchers were provided with amemo and background materialfrom Ms. Grimes, QC outlining thehistory and development of theTransaction Levy. They were alsoprovided with a report from AndreNormandin, Actuary (who was inattendance and gave a presentationto Benchers), which showed thatenough cumulative data has been

collected over the last 10 years toallow him to recommend changesto the way the Transaction Levy ischarged in order to ensure that agreater proportion of the cost asso-ciated with certain risks be borneby those practising in those riskierareas.

The Law Society’s claims’ experi-ence from 2006 to 2015 showed that40% of the claims arose from realestate transactions while 35% arosefrom civil litigation transactions.The actuary recommended that70% to 80% of the cost of claims inthese higher risk areas be paid forby the levy charged in those areas.Since the volume of real estatetransactions on which the levy iscollected exceeded the volume ofcivil litigation transactions onwhich the levy is collected by a fac-tor of about 7 to 1, he recommend-ed that the levy charged on realestate transactions go down whilethe levy charged on civil litigationtransactions go up.

Following Mr. Normandin’s pres-entation, a general discussionensued which highlighted someareas of concern with the introduc-tion of a variable system. Mr.Normandin indicated that we donot have enough data to address abroader degree of variabilitybeyond the distinctions betweenreal estate and civil litigation.

Some Benchers queried whetherthere were other ways of approach-ing it from a risk perspective. Whilethe actuary indicated that anotherway is to have varying deductibles,his experience shows that it is notas effective. As for increasing thecosts for people with repeat claims,Benchers were advised that that isnot the experience inNewfoundland and Labrador.

Following a thorough discussion,Benchers resolved that theTransaction Levy payable on realestate transactions be reduced to$30.00, effective 1 January 2016 andthat the Transaction Levy payableon civil litigation transactions beincreased to $75.00, effective 1January 2016.

After the extensive discussion onthe Transaction Levy, Ms. SheilaGreene, QC reported that discus-sions on governance remainedongoing at the Federation meetingsin Winnipeg but she felt positiveabout the ultimate results of thatmeeting. She noted that the confer-ence portion was focused on thereport from the Truth andReconciliation Commission whichhad called on the legal professionto do its part to ensure culturalcompetency. Ms. Greene, QC andMr. Fleming, QC commented on thequality of the presentations and themoving nature of the material pre-sented.

Law Society accountant, Mr.Richard Yabsley, joined the meetingto present the internal statementsfor the Law Society, the InsuranceProgramme and the AssuranceFund for 31 August 2015, and aninvestment return summary.

The Discipline report was providedfollowed by the EducationCommittee report in whichBenchers approved twelve trans-fers under the National MobilityAgreement and issued thirteenCertificates of Fitness. Mr. IanWallace, Chair of the Committeeadvised that one Application forAdmission as Student and threenotices of resumption of practicingstatus had been approved by theEducation Committee. Benchersthen approved fourteen applica-

Decisions, Decisions, DecisionsBelow is a brief summary of some of the decisions taken by Benchers

during the period from October 2015 up to and including February 2016.

of Newfoundland and Labrador

Benchers’ Notes

5

tions for Non-Practicing status andthree applications to resign mem-bership.

Ms. Grimes noted that Chief JusticeGreen was seeking input fromBenchers regarding ways to com-memorate the 40th Anniversary ofthe Court of Appeal. Following adiscussion, Benchers concludedthat the Law Society would host anappropriate CLE and a reception tofollow.

December 2015The 14 December 2015 meeting ofBenchers was presided over by thePresident who opened by thankingPast President, Kenneth Baggs, QCfor his commitment, thoughtfulcomments and dedication through-out the year. She also thanked Vice-President, Barry Fleming, QC foracting as Chair for the October con-vocation and welcomed the newBenchers.

Ms. LeDrew proceeded to report onher activities since becomingPresident. Ms. LeDrew noted thatthe 2015 AGM and Annual Dinnerand Cocktail Reception was wellattended and that people seemedhappy with the changed approach.She officiated at the 19 June 2015Call to Bar ceremony and attendedthe reception which followedwhere eleven candidates in totalwere called. Ms. LeDrew thankedVice-President, Mr. Barry Fleming,QC for officiating the 9 October 2015Call to Bar, where twelve candi-dates were called. She gaveremarks at the Swearing In ofJustice Cillian Sheahan on 7 July2015 and the Swearing In of JudgeNoble on 4 November 2015 andattended the receptions which fol-lowed. She also attended funeralsfor members Ed Hearn, QC andCorwin Mills, QC and attended andgave remarks at a tribute to the lateJustice Keith Mercer on 11

September 2015. The Presidentwent on to advise that, on 19August 2015, she and Ms. Grimes,QC met with Justice Whalen to dis-cuss a number of matters includingtributes to former members in theCourt and the appointment of LayBenchers; on 20 and 21 September2016 we hosted the Executives ofthe Atlantic provinces to discussareas of mutual interest; thePresident, Vice-President, Mr.Fleming, QC and Ms. Grimes, QCattended Federation meetings inWinnipeg from 30 September to 3October, 2016; and, on 22 and 23November 2015 participated in theStrategic Planning Sessions.

Ms. Ann Martin, Chair of theInsurance Committee provided awritten report from the Committeeand reports from the actuary, AndreNormandin. Mr. Normandin’sreports outlined a proposed policyfor setting premiums and his rec-ommendations for the base insur-

The Law Society

Benchers’ Notes

6

NEWFOUNDLAND & LABRADOR CONTINUING LEGAL EDUCATIONP.O. Box 1028, St. John’s, Newfoundland & Labrador, A1C 5M3

Tel: 722-4740, Fax: 722-8902, e-mail: cle@lawsociety.nf.ca

Gain The Edge! Negotiation Strategies for Lawyers

A one day seminar led by Martin Latz, Esq., Scottsdale, Arizona

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Thursday, June 16, 2016 from 9:00 am – 4:00 pm

3rd Floor, Law Society Building, 196-198 Water Street, St. John's, NL

About the Seminar:You negotiate every day! In fact, your ability to effectively negotiate may be the most critical skill you possess. Yet most negoti-ate instinctively or intuitively. This seminar will help you approach negotiations with a strategic mindset. And make no mistake –no matter how much you’ve negotiated, you can still learn. Adding that one new tactic may be the difference between winningand walking away empty-handed.

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ance premium for 2016. Ms. Martinadvised that decisions wererequired from Benchers onapproval of the Premium SettingPolicy, the Base Insurance Premiumand the Insurance Programmebudget for 2016 and Benchersapproved all three. Ms. Martinwent on to report on the researchcompiled with respect to loss pre-vention in other jurisdictions andthe statistics compiled by Ms.Ringrose which showed a break-down of the type of practice wheremissed limitations periods mostfrequently arise. It was agreed thatthe Insurance Committee wouldprovide recommendations foraddressing the problem toBenchers at the next Convocation.

The discussion then shifted towarda request for support from thePublic Legal InformationAssociation of Newfoundland andLabrador (PLIAN). Ms. Grimes, QCadvised Benchers that, according tothe auditors, it would be appropri-ate to create categories of restrictedsurplus to allow for funding of dif-ferent initiatives as part of a sur-plus policy for the Law Society.Benchers agreed that, since PLIANdoes very good work on anextremely limited budget and itsobjectives are aligned with the LawSociety, the Law Society would pro-vide PLIAN with $30,000.00 infunding in the 2016 budget andwould consider the feasibility of amulti-year commitment in thedevelopment of a surplus policy.

Law Society accountant, Mr.Richard Yabsley joined to discussthe financial position of the LawSociety, the Insurance Programmeand the Assurance Fund, provideBenchers with information withrespect to investment returns, andconfirm that all government remit-tances had been made appropriate-ly. Benchers approved the proposedLaw Society Budget for 2016 whichcontained no increase in any fees.

Ms. Sheila Greene, QC was in atten-dance and gave Benchers a reporton the activities of the Federation ofLaw Societies of Canada. Ms.Greene, QC noted that the gover-nance review was still ongoingalthough nearing a conclusion andrequested Benchers’ approval ontwo motions for the upcomingFederation Council meeting: 1)Composition, Approval Committeefor the Canadian Common LawDegree Program; 2) Changes to theCanLII Governance Agreement.Benchers gave Ms. Greene, QCauthority to vote on items 1 and 2.

The Discipline report was providedfollowed by the report of theEducation Committee by Chair, Mr.Ian Wallace. Benchers approvedthree transfers under the NationalMobility Agreement. Mr. Wallaceadvised Benchers that twoApplications for Admission as aStudent and five notices of resump-tion of practicing status had beenapproved by the EducationCommittee. Benchers went on toapprove seven applications fornon-practicing status and twoapplications to resign membership.

Next Benchers were provided with amemo outlining proposed changesto the Code of Professional Conduct.Ms. Weir provided an overview ofthe extensive processes undertakenthrough a number of different localand national committees prior to thesubmission of the changes forapproval. Benchers approved theproposed amendments to the Codeof Professional Conduct.

Benchers agreed that the ExecutiveCommittee would review theStrategic Planning Report writtenby Allan Fineblit, QC and make rec-ommendations to Benchers on howto proceed. Benchers were thenprovided with an update on theissue before the Rules Committeeregarding allowing corporations tobe represented by individuals.Benchers had at an earlier meeting

accepted the recommendation of acommittee comprised of threeBenchers that there should be nochange to the current requirementthat corporations be represented bylawyers but asked that it be furtherconsidered by members of theAccess to Justice Committee.Following a report from Mr. IanWallace, Chair of the Access toJustice Committee, it was conclud-ed that Benchers do not supportrepresentation of corporations bynon-lawyers.

After a brief discussion on the com-memoration plans for the 40th

Anniversary of the Court of Appealit was recognized that, due to fail-ing health, Chief Justice Hickmanwould not be able to attend theBenchers’ Christmas Reception,which would be the first one he hadever missed. Benchers were sad-dened to hear this.

February 2016The February 15, 2016 meeting ofBenchers was called to order by thePresident, Susan LeDrew. Themeeting began with a report fromthe President on her activities sincethe December 2015 meeting. On 8February 2016 she attended andgave remarks at a tribute to the lateChief Justice Hickman. She notedthe eloquent comments from thetwo sitting Chief Justices and fromJustice Wells and advised that thefamily expressed sincere gratitudefor the tribute. On 11 February 2016she attended the ceremony andreception for newly appointedQueen’s Counsel.

The Law Society’s Federation repre-sentative, Sheila Greene, QC providedher written report and noted that therecent Council meeting in Decemberwas one of the better meetings theyhad had in a long time.

In the absence of the Chair of theInsurance Committee, Ms. Grimes,QC presented the Committee’sreport. The recommendations in the

of Newfoundland and Labrador

Benchers’ Notes

7

8

Benchers’ Notes

The Law Society

report included a self-assessmentchecklist, a voluntary risk assess-ment visit and the development of amentoring program, as well as addi-tional CLE/wellness programs. Thereport was well received with someBenchers highlighting the publicprotection value of the initiativessuggested, particularly as it relatedto communication and quality ofservice issues. The report and rec-ommendations of the InsuranceCommittee were approved byBenchers for implementation.

Ms. Grimes, QC went on to adviseBenchers that revised Rules of theReciprocal (CLIA) would be pre-sented to Benchers at a subsequentmeeting for approval, noting thatthe new Rules will better reflect thematurity of the locally managedinsurance programs and make itmore likely that, over a reasonabletime frame, each jurisdiction willcover its own losses. She alsoadvised Benchers that a noticeseeking expressions of interest forthree vacancies opening up on theCLIA board would be circulated tomembers, noting that individualsother than lawyers could bereferred for nomination, providedthey fit the skills matrix.

Ms. Grimes, QC advised that, inaccordance with Benchers’ instruc-tions, the Insurance Committee hadconducted a further review of theTransaction Levy as it relates tofamily law matters. She noted thata group of lawyers who hadexpressed concern regarding thechanges were provided with theaverage payout for claims in thefamily law area since 2004 and theaverage number of filings in court,the accuracy of which had beenverified a number of times by theCourt. She also indicated that theactuary had been provided with thenumber of filings and concluded itwas appropriate to charge a $75.00levy on family law files. As a result,the Insurance Committee was not

Committee report in which Benchersapproved one transfer under theNational Mobility Agreement andissued fourteen Certificates ofFitness. Mr. Ian Wallace, Chair of theCommittee advised that threeApplications for Admission as aStudent and eight notices of resump-tion of practicing status had beenapproved by the EducationCommittee. Benchers then approvedten applications for Non-Practicingstatus and ten applications to resignmembership. The Honours andAwards Committee recommendedthat P. Derek Lewis, QC be grantedLife Membership. Benchersapproved the same.

Benchers went on to adopt the rec-ommendations of the ExecutiveCommittee flowing from the strate-gic planning session; approveTerms of Reference of all LawSociety Committees and approvethe appointment of Robin Fowler tothe Education Committee, effectiveimmediately and future appoint-ments of Glenda Best (effective 1July 2016) and Andrew Wadden(effective 1 January 2017) to theCommittee as well.

Following a brief discussion of self-representation of corporations andthe agreement that the issue beplaced on the agenda for the LawSociety’s meeting with the Ministerof Justice and Public Safety, themeeting was adjourned. ■

recommending any changes.Following the discussion it wasagreed that, as the decision hadalready been made and no changeswere being recommended, therewas no further action to be taken.

Richard Yabsley, Law Societyaccountant, joined the meeting andpointed out that, due to a couple ofrecoveries on the discipline side,the projected costs for the LawSociety would not be as high asanticipated and, therefore, theremight be a small surplus for 2015.With respect to the InsuranceProgramme, he indicated that,until he receives figures from theactuary and CLIA, there are no realchanges to report. He advised that,while there is slightly more thanthe recommended surplus in theAssurance Fund, the actuaryexpressed no concern.

In keeping with the theme offinances, a written report was pro-vided by the Finance and AccountsCommittee. Mr. Fleming, QC notedthat the return for 2015 was 2.45%and that our equity holdings havefallen to 16% against the 25%allowed. Given the current marketand Benchers’ stated desire to keepequity holdings below 20%, this isprudent. He further noted that hisCommittee will be meeting withthe auditors as required under thenew Terms of Reference.

The Discipline report was providedfollowed by the Education

We are preparingto refresh and renew our website

A review of our current website will be taking placein the near future. We welcome any ideas

from our membership on ways to improve our website.

Please contact Erin Rowe via email aterin.rowe@lawsociety.nf.ca with any input you may have.

9

Benchers’ Notes

of Newfoundland and Labrador

Law Society of Newfoundland and Labrador

Mandatory Continuing Legal Education Requirements

Introduction

Beginning in 2016, the Law Societyof Newfoundland and Labrador(the Law Society) requires thatevery practicing member of theLaw Society:

1. Participate in a minimum levelof Continuing Legal Education(CLE) activities annually;

2. Provide information to the LawSociety annually, outliningdetails of these CLE activities,using the Law Society’s CLEAnnual Report and Plan form;and

3. Provide a continuing legal edu-cation plan for the followingyear, using the Law Society’sCLE Annual Report and Planform.

Mandatory CLE Requirements

Specifically, the Law Societyrequires all practicing members tocomplete a minimum of 15 hoursof eligible CLE activities annually.

Members are expected to reporttheir 2016 CLE activities, and theirfuture CLE plans for 2017, usingthe CLE Annual Report and Planform which will be provided by theLaw Society. The first CLE AnnualReport and Plan must be submittedin January 2017, and, thereafter, inJanuary of each succeeding year.We are investigating the imple-mentation of an online tool for thispurpose.

Eligible CLE Activities –

Content RequirementsEligible CLE activities must con-tain significant substantive law or

practical content with the primaryobjective of enhancing a member’sprofessional competence. As indi-cated above, members will berequired to complete a minimum of15 hours of eligible CLE activitiesannually. Eligible CLE activitiesmust be:

• relevant to the member’s presentor perceived future professionalneeds;

• directly related to the member’scurrent or anticipated practiceareas; and/or

• relevant to professional ethicsand the professional responsibil-ities of lawyers.

Eligible CLE activities shouldinclude significant substantive,procedural, technical or practicallegal content.

The mandatory CLE activityrequirement can be met in manyways; for example, in a classroomsetting, by reading legal publica-tions (periodicals, digests and jour-nals), listening to podcasts, watch-ing recorded programs and semi-nars, or through live online CLEprogramming.

Eligible CLE activities will includeactivities and content dealing withone or more of the following areas:

• the practice of law (includingethics, professional responsibili-ty, practice standards, substan-tive law, procedural law, etc.);

• lawyering skills (such as advoca-cy, drafting, research, communi-

cations, interviewing, negotia-tion, etc.); and

• practice management (includingclient relations, wellness, timemanagement, practice technolo-gy, etc.).

Examples of Eligible CLE

ActivitiesTo qualify as an eligible CLE activi-ty, the activity must be directlyrelated to improving professionalcompetence in the member’s prac-tice.

Some examples of eligible CLEActivities would include:

• Attendance at live CLE activities– Attendance at live seminars,courses, educational compo-nents of conferences, live web-casts, telecasts or live onlinecourses, etc., would all be eligi-ble activities, provided the con-tent requirements (outlinedabove) are met. (N.B. Obviously,only those hours where a member isin actual attendance at the course,seminar or educational componentof a conference, etc. are consideredeligible hours.)

• Teaching/Lecturing/Instructingin a law course, CLE seminar,etc. – Teaching in a legal contextis an eligible activity, to a maxi-mum of six hours per year, pro-vided that the content require-ments (outlined above) are metin the material that is taught.There are no restrictions orrequirements on the audience,except that presentations

Members are reminded that the mandatory Continuing Legal Education (CLE) program requirements began inJanuary 2016. During 2016 members will be required to complete the CLE requirements, and report their 2016CLE activities to the Law Society beginning in January of 2017. For reference, please find below further detailsregarding the CLE requirements. The first report will be due January 31, 2017.

designed for clients would notcount towards eligible CLEactivities.

• Writing - Authoring legal texts,legal articles or other writtenmaterials is an eligible CLEactivity, to a maximum of sixhours per year, provided that thecontent requirements (outlinedabove) are met. As well, to be aneligible CLE activity the primarypurpose of the written materialshould be for use in an educa-tional program, or to educateabout the law. However, writtenmaterial produced as part of themember’s regular employmentor practice, or for client develop-ment, would be excluded.

• Self-study/Reviewing written orrecorded materials – Self-studyor reviewing written materials(current legal articles, textbooks,case reports, journals etc.) orreviewing recorded CLE coursesor activities (recorded onlineseminars, podcasts, recordedaudio or video CLE courses etc.)are eligible CLE activities, to amaximum of 3 hours per year,again provided the contentrequirements (outlined above)are met.

Examples of Non-Eligible

CLE ActivitiesSome examples of non-eligibleCLE activities would include:

• Activities which do not meet thecontent requirements (outlinedabove) or which are not directlyrelated to improving profession-al competence;

• Activities relating to mentoring,including being a Principal to anArticled Student-at-Law;

• Activities relating to marketingor profit maximization or prima-rily designed for clients;

• Activities undertaken for anemployment purpose, or pre-pared and delivered in the ordi-nary and usual course of prac-tice or employment.

Compliance with the

Requirements

It will be each member’s responsi-bility to ensure that a proposedCLE activity meets the contentrequirements set out by the LawSociety and, therefore, qualifies asan eligible CLE activity.

The Law Society will have discretionto determine whether specific activi-ties meet the requirements and are,

or are not, eligible CLE activities. It isanticipated that the Law Society willnot be unreasonably prescriptive orrigid in assessing what is or is not aneligible CLE activity.

The Law Society will not assess oraccredit providers, content or sub-ject matter in advance. However, itis anticipated that many profes-sional learning activities will quali-fy and meet the requirements of aneligible CLE activity, provided acommon sense and reasonablenexus or link can be demonstratedbetween the activity and anenhancement in professional com-petence.

CLE Annual Report and Plan

- Reporting RequirementsMembers will be required to com-plete and submit a document annu-ally to the Law Society, referred toas a CLE Annual Report and Planform. This document will have twoparts; a report on eligible CLEactivities for a given year and aplan for CLE activities for the fol-lowing year.

The CLE Annual Report portion ofthis document will provide detailson the member’s CLE activities forthe year in question. The CLE Planportion of the document will con-

CustodianshipsThe Law Society currently has possession of files from the following lawyers:

Alan Carter

Christopher Sullivan

Claude Sheppard

David Pitcher

David Sparkes

Doug Harvey

Fabian O’Dea

Frederick R Bishop

Gerard Griffin

Gerard Gushue

Glen Bursey

Glube Jewell

Gordon Seabright

Hugh Coady

James Nurse

Jody Saunders

Keith Rose

Kent Morris

Michael Drover

R A Parsons / O’Neil

William Browne

William Parsons

Members can contact Lisa Kennedy, Custodianship Assistant for details on any of the aboveby email at lisa.kennedy@lawsociety.nf.ca or by telephone at 758-0822.

The Law Society

Benchers’ Notes

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Benchers’ Notes

tain a series of questions aimed athelping members identify theirprofessional development activitiesfor the following year. It is meantto provide a useful framework andguideline by which members canplan to participate in future profes-sional development activitieswhich are relevant to their needsand practice areas, and which canfurther enhance their competence.

This CLE Annual Report and Planform will provide an annual recordof members’ CLE activities and willalso provide a framework by whichmembers can assess and meet theirfuture requirements for profession-al development and continuinglegal education. The submissiondeadline for filing in a given year isJanuary 31st of the following year.

Failure to Report or Comply

with RequirementsBenchers resolved that, pursuant toRule 6.20(4)(ii), a late filing fee of$100.00 would be mandatory in the

event of a failure to file the AnnualReport and Plan by the deadline.Other sanctions may also includethe requirement to make up therequired hours of eligible CLEactivities within a specified timeperiod, administrative suspen-sions, and possible engagement ofthe disciplinary process set out inthe Law Society Act, 1999.

ExemptionsMembers who are subject to com-parable mandatory CLE require-ments in another Canadian juris-diction (for example, a member ofanother Canadian Law Societywho has fulfilled that other LawSociety’s requirements by partici-pating in CLE activities), maycount these CLE activities towardsthe requirements of the LawSociety of Newfoundland andLabrador.

Members with non-practicing orlife membership status are notrequired to meet the requirements

while not practicing. A memberholding both non-practicing andpracticing status in the same yearwill need to meet the requirementsfor that part of the year when prac-ticing status was held.

Members who are claiming anexemption from complying withthe requirements can identify theirexemption on the CLE AnnualReport and Plan form.

MonitoringThe Law Society will monitor com-pliance with the MandatoryContinuing Legal Educationrequirements by reviewing CLEAnnual Report and Plan forms sub-mitted by members. At the LawSociety’s request, a member may beasked to provide further informa-tion or documentation relating tothe details of the member’s partici-pation in a CLE activity and/or theeligibility of a reported activity. ■

Get involved!The Public Legal Information Association of NL (PLIAN) provides a valuable service tothe public and has been doing so since 1984.

PLIAN’s mandate is to provide public legal education and information services withthe intent of increasing access to justice. The services provided by PLIAN (such as theLawyer Referral Service, Legal Information Line, school visits, community informationsessions and various publications) assist in providing all members of society whorequire information about the law, legal processes and the administration of justicewith easily accessible information.

PLIAN needs help from all of you in carrying out this mandate.

Please contact any of PLIAN’s staff at 722-2643 to ask how you may get involved.

of Newfoundland and Labrador

Benchers’ Notes

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Benchers’ Notes

The Law Society

BEST PRACTICES:Law Society Library

“I didn’t know you could do that !”

A common response when telling you, our members,

the kinds of questions the Law Society Library can help answer.

Below are the types of questions we provide assistance with all the time.

• Can you provide any damage awards, from the last five years, for injuries sus-tained as a result of a broken tibia?

• An out of town lawyer, representing a grandson who had inherited his grandmoth-er’s house, was presented with invoices from his father, for all purchases hemade for his mother during her infirmity. This included grapes and a bottle ofwater. The grandmother had a will and the lawyer was not the executor of theestate. The lawyer wanted to know if these were valid expenses against theestate?

• What is the definition of “domicile of origin”?

• As a result of a broken wedding engagement who gets to keep the engagementring?

• Can you provide access to journal articles or books not available in the librarycollection?

• I have access to Westlaw and want to know if you can provide me with somedecisions from Quicklaw?

• I have a client who was making an application to vary child support based onundue hardship. Can you provide any cases where the payor, who lives out ofprovince, has high access costs, their current spouse is on medical leave andthey have two additional children, has had support payments varied?

• Would you be able to get me a copy of the Intestate Succession Act as it was inDecember 1969?

With the arrival of new students and articled clerks, this is a timely reminderto members, old and new, of how the Law Society Library can assist you.

Contact Gail Hogan and Rosie Myers at lawlibrary@lawsociety.nf.ca or 753-7770. We look forward to hearing from you!

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Benchers’ Notes

of Newfoundland and Labrador

Complaints Authorization Committeeengaged in conduct deserving ofsanction, there are two results:

(i) the allegation is considered asconstituting a Complaint; and

(ii) the Complaints AuthorizationCommittee may issue a letter ofcounsel or a letter of caution tothe lawyer, or instruct the Vice-President to file the Complaintagainst the lawyer and refer itto the Disciplinary Panel.

Counsel is advice. Caution is awarning. Both are intended toassist the lawyer in his or herfuture conduct. A finding of guilthas not been made against thelawyer because a finding of guiltcould only be made following aHearing.

The following information is pro-vided to inform members as

required by Law Society Rule9.06(5)

A Letter of Counsel was issued bythe CAC with respect to the fol-lowing Complaint.

Complaint that the member’s fail-ure to advise the client in a timelymanner that the member couldnot act due to a potential conflict,does not comply with the stan-dard of conduct contemplated bythe Code. The Complaints Author-ization Committee counselled themember that the standard pre-scribed by the Code of ProfessionalConduct requires that lawyersexamine whether a conflict existsat the outset and inform the clientin a timely manner. (Code ofProfessional Conduct (2013), Chapter3, Rules 3.2-2 and 3.4-1). ■

The Complaints AuthorizationCommittee, a statutory committeecomprising two lawyers and apublic representative all of whomare Benchers of the Law Society,reviews the allegation to determinewhether there are reasonablegrounds to believe that the lawyerhas engaged in conduct deservingof sanction. If the answer is no,then the Complaints Authoriza-tion Committee will dismiss theallegation. The Act prescribes thata complainant whose allegation isdismissed by the ComplaintsAuthorization Committee, mayfile a notice of appeal, within 30days, with the Registrar of theSupreme Court.

When the Complaints Authoriza-tion Committee’s opinion is thatthere are reasonable grounds tobelieve that the lawyer has

NEWFOUNDLAND & LABRADOR CONTINUING LEGAL EDUCATIONP.O. Box 1028, St. John’s, Newfoundland & Labrador, A1C 5M3

Tel: 722-4740, Fax: 722-8902, e-mail: cle@lawsociety.nf.ca

Assessing Damages: How Much is it Worth?

A seminar by Ms. Cara Brown,

Brown Economic Consulting Inc., Calgary, Alberta

Author of Damages: Estimating Pecuniary Loss

Friday, June 24, 2016 from 9:00 am – 11:30 am

3rd Floor, Law Society Building, 196-198 Water Street, St. John’s

Overview of the PresentationQuantum evidence is routinely required in cases involving persons whose careers and earning capacity have been interrupted due toan incident. While a motor vehicle accident is often the common cause of such an incident, other reasons can include a slip and fall,medical malpractice, wrongful imprisonment, wrongful dismissal, wrongful death and sexual assault.

This seminar will introduce counsel to some revolutionary advances in quantifying damages (for example in the realm of fatality cases),deal with complications in injury and death cases arising from self-employed plaintiffs, as well as introduce some helpful and free elec-tronic aids used in quantifying damages. Live demonstrations of Brown Economic’s free economic loss calculators will be provided toassist counsel, particularly given the reality that more and more claims are being mediated rather than proceeding to trial. Ancillarymaterials that can assist counsel in compiling information for their cases will be provided, and examples of Brown Economic’s month-ly newsletter (Brown’s Economic Damages Newsletter) will also be included.

• Registration deadline is Thursday, June 23, 2016 •

Benchers’ Notes

The Law Society

Benchers’ Notes

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Benchers’ Notes

of Newfoundland and Labrador

Changes in Status

The following changes in status were approved by Benchers sitting in ConvocationOctober 2015 – February 2016:

Resumption of Practicing StatusRonald Noseworthy, QC July 16, 2015Christina Spurrell September 10, 2015Candace Summers September 28, 2015Laura Brown Laengle October 30, 2015Robert Bradbury November 13, 2015Cheryl Mullett November 16, 2015Joshua Handrigan December 9, 2015Kimberly Burridge December 10, 2015

Elyse Bruce December 21, 2015Robin Reid December 21, 2015Daniel Furey December 21, 2015Edward Langdon January 12, 2016Keir O’Flaherty January 21, 2016Kimberly Burridge January 28, 2016Jodi MacDonald February 4, 2016Andrew Parsons February 10, 2016

Practicing to Non-Practicing Status

Members Granted Permissionto Resign Membership

Solene Marie-Paule Murphy 10 July 2015Jonathan Fowler 20 July 2015Matthew Moulton 14 August 2015Judith Rae 18 July 2015Thomas Marshall, QC 1 January 2015Jennifer Lundrigan 8 June 2015Julia Smart 21 May 2015Gordon Aylward 23 June 2015Katrina Trask 4 July 2015Daniel Murphy 15 June 2015Gerald Wetzel 1 March 2015Violet Ford 1 August 2015Jordan Hodder 10 September 2015Jeremy de Jong 1 October 2015Mary Hatherly 19 October 2015Meghan So 13 October 2015

Ginger Holmes 23 October 2015Ernest Boone, QC 29 October 2015Danielle Somerton 9 November 2015Rebekkah Sheppard 23 November 2015Michael Peddle 1 December 2015Edward Langdon 4 December 2015Darragh McManamon 31 December 2015Nicholas Whalen 31 December 2015Wayne Chamberlain, QC 31 December 2015Kimberley Burridge 1 January 2016Gregory Dickie 1 January 2016Brandon Trask 29 January 2016Megan Sheppard 25 January 2016Robert Bursey 1 January 2016Felix Collins 1 January 2016

Gregory Jarvis 8 July 2015Keir O’Flaherty 3 July 2015William Rowe, QC 31 December 2015Sarah Lane 3 December 2015Peter Ringrose 1 November 2015Stanley Marshall 31 December 2015Paul Stapleton 1 January 2016Susan Nickerson-Graham 1 January 2016Maggie Noseworthy 1 January 2016Donald Rankin 1 January 2016Kimberley Wilton 31 January 2016Malcolm MacKillop 31 December 2015Nicole Deveau 1 January 2016Ginger Holmes 1 January 2016Ivan Nault 1 January 2016

In MemoriamSince the Fall 2015 edition of Benchers’ Notes,

Benchers and members were saddened to hear of thepassing of the following members and former members:

The Hon. Mr. Justice Thomas Alexander Hickmancalled as a Solicitor on April 7, 1948;

called as a Barrister on April 9, 1948, Roll #212

James Leslie Thistle, QC

called April 10, 1979, Roll #470

John Geoffrey Kellycalled April 15, 1971, Roll #316

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Benchers’ Notes

The Law Society

National Family Law ProgramNFLP - 2016

The National Family Law Program is being presented at the St. John’s Convention Centre, adja-cent to the Delta Hotel, from 11 to 14 July 2016.

The Program’s conference office opens 1 PM on Sunday, 10 July and a reception will be held latersame date, at the Centre.

Program faculty is comprised of judges, lawyers, family law teachers, and other professionals,from across Canada and the United States. They will conduct intensive plenaries and seminarswhich comprehensively address legal, financial and therapeutic issues encountered by lawyers inCanada who accept family law retainers.

Program subjects include:

• economics of practicing family law

• innovation in family law practice and process, including paper and paperless practices

• advocacy

• alternative dispute resolution

• professional responsibility, including adversarial ethics in resolving disputes

• unique strategies for settling cases

• role and impact of social media

• forced marriages

• parenting

• child and spousal financial support,

• valuation and division of pensions and professional practices in property disputes, and

• polyamorous relationships

Papers prepared by faculty, exclusively for the Program—the 16th bi-annual—will be provided indigital format to Program registrants.

This Program will be submitted for approval for professional education credits.

Please refer to the website for Program updates and on line registration at www.flsc.ca,then click on the link at the bottom of the page for the National Family Law Program

or email nationalfamilylawprogram@sympatico.ca

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Benchers’ Notes

of Newfoundland and Labrador

Patrick Shea, a member of the LawSociety of Upper Canada, is the driv-ing force behind what he hopes willbecome a pan-Canadian movement:that in each of the Canadianprovinces there be a ceremony to callto the Bar of their respective jurisdic-tions those individuals who werestudents-at-law in the immediatepre-World War I period, but who lefttheir studies in order to enlist andfight in the war in Europe, and whowere subsequently killed in the war.This would be a posthumous or hon-orary call, recognizing the contribu-tion these individuals made, givingup their life and prospective career inthe law in order to fight for King andCountry. There are more than 100 ofthese students-at-law across Canada,with 60 alone in Ontario. There isonly one from Newfoundland: CecilBayly Clift.

There were, however, three other stu-dents-at-law who gave up prospec-tive legal careers to partake in thewar effort. One was Harris RendellOke, who was in the final year of hisarticles when he joined theNewfoundland Regiment in 1914. In1915 he transferred to the Royal ScotsRegiment and following the warjoined the staff of the British ColonialOffice, serving in Nigeria and theGambia, in West Africa, until hisdeath in 1940.

The second was William F. C.Hutchings, the son of CharlesHutchings, a member of theNewfoundland Bar who later becameChief of Police. A graduate of MountAllison University, Will Hutchingswas also in the midst of articles whenthe war broke out. He received per-mission to join the NewfoundlandRegiment, and like Harris Oke, wasone of the First Five Hundred or BluePuttees. He survived the war andreturned to St. John’s, where he

attempted to complete his articlesbut was unable to do so, most likelyas a result of post-traumatic stressdisorder.

The third was Janet Miller, the firstwoman enrolled as a student-at-lawin Newfoundland, who left her stud-ies to become a member of theVoluntary Aid Detachment, a British-based organization that trainedwomen to serve as nursing assistants(nurses in all but name) in recupera-tion hospitals in the United Kingdomand in casualty hospitals in Franceand Belgium. Miller served to theend of the war, carrying on despitethe death of her husband, Eric Ayre,whom she had married in June 1915,at Beaumont Hamel on 01 July 1916.When she returned from Europeafter the war ended she said she felttoo old, too tired and too far removedto resume her legal studies.

There is one other individual whocan be added to this group of four:John Clift, Cecil Bayly Clift’s youngerbrother. He entered into articles withE. S. Pinsent shortly after the warended but died before he could com-plete them. His death resulted fromcomplications suffered from woundshe had received in the war.

It is the intention of the Law Societyof Newfoundland and Labrador tocall these five former students at lawto the Bar of Newfoundland andLabrador posthumously. By honour-ing all five of these students-at-law inthis way we are recognizing the sac-rifice that each of them made, puttingtheir careers as prospective membersof the legal profession on hold forwhat they perceived as the greatergood. Since it was widely believedthat the war would be over within ayear, in all likelihood, each of themplanned to return and pick up wherethey had left off or, in John Clift’s

case begin, their law studies. Byincluding Janet Miller in this group,we would also be recognizing thecontribution that she made to theentry of women into the legal profes-sion in this province and the sacrificethat she made by relinquishing herlong-held dream of becoming alawyer.

Special Call to the Bar ceremonieshave already been held by the LawSociety of Upper Canada and byother Canadian jurisdictions. The onefor Newfoundland and Labrador willtake place in conjunction with theregular Call to the Bar ceremony inOctober 2016. It is hoped that mem-bers of the families of these five indi-viduals will be able to attend and bepart of this very special ceremony. Inthat regard, any assistance membersof the Newfoundland and LabradorBar may be able to provide in identi-fying family members of these menand this woman will be greatlyappreciated.

In addition, as part of the LawSociety’s overall efforts to commemo-rate the 100th anniversary of WorldWar I, a commemorative booklet inwhich we highlight the militaryexploits and legal careers of each ofthe members of the Law Society whowere directly involved in World WarI, will be published. It will includethose members of the profession whowere members of the Bar and joinedup after war was declared, those whocompleted articles and were called tothe Bar in the post-war period andthe five former students referred toabove. Each of these individuals hasa story to tell and the Law Society isthe appropriate body to tell their sto-ries and make them known to thewider public. Further details willmade available as definitive planstake shape. ■

SPECIAL CALL CEREMONYby Bert Riggs

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Benchers’ Notes

The Law Society

Insurance and Risk Management

Benchers have approved the following Loss Prevention Initiatives developed by the Insurance Committee aspart of the Law Society’s ongoing risk management.

A Loss Prevention Self-Assessment Checklist has been created with a particular focus on addressing the fol-lowing top three causes of insurance loss, which together represent 95% of insurance claims:

1. Systems / Procedures / Administration: missed deadlines (ex. limitations), poor office procedures andtime management errors (55%)

2. Communication: Failure to follow client’s instructions, poor communication with client / others (28%)

3. Law: Failure to know and properly apply the law (12%)

The Checklist is being offered as a tool and resource for members, completion of which will qualify for cred-it toward the Mandatory Continuing Legal Education activity for 2016.

The Loss Prevention Self-Assessment Checklist can be found on the Law Society’s website under theInsurance and Risk Management/ Loss Prevention section.

Introduction to the Mentoring Program

Continuing with Loss Prevention Initiatives, theLawyers’ Insurance Programme and The LawSociety have determined there are benefits to theprofession that can result from a Mentoring Programfor members. The Program proposed here will bevoluntary, a service by experienced practicinginsured members who agree to provide less experi-enced members with assistance on a specific file.

Informal mentoring has occurred within the pro-fession for decades. The more formal MentoringProgram proposed will put some structure to cur-rent networking and, in doing so, assist those whomight be hesitant about asking for help, or whosimply don’t know where to turn for guidance.

There are many benefits for the Mentee andMentor in a more formal Mentoring Program. TheMentee is less likely to make incorrect choices ofprocedure or substantive errors in law when pro-vided the benefit of a Mentor's greater experience,even when the Mentor provides only the oppor-tunity for brainstorming. And for Mentors there isthe added benefit that they may themselvesundergo self-reflection and self-evaluation oftheir own risk practice and risk management tech-niques. And both Mentee and Mentor will benefitfrom expanding their personal network andimproving camaraderie among members whileenhancing career satisfaction.

Our goals for the Mentoring Program include:

• Fostering the development of practical skills;

• Improving legal ability and professional judg-ment;

• Increasing knowledge of legal customs;

• Encouraging the use of best practices and high-est ideals in the practice of law; and

• Promoting collegial relationships among legalprofessionals.

How Does the Program Work?

The Insurance Administrator will maintain a listof volunteer Mentors.

During regular business hours, a potential Menteemay contact the Insurance Administrator throughthe Lawyers’ Insurance Programme’s dedicatedphone line at (709) 722-6008, through email toinsurance@lawsociety.nf.ca or by completing aMentor Request Form.

In each instance, the Mentee will make referencethat he or she wishes to access the MentoringProgram and will identify from the following areaof law for a referral:

19

Benchers’ Notes

of Newfoundland and Labrador

Real Estate Civil Litigation

Commercial Estate Planning and Admin.

Matrimonial/Family Corporate

Admiralty Intellectual Property

Criminal Tax

Administrative/Boards/Tribunals Arbitration

Employment/Labour Mediation

Bankruptcy/Insolvency/Receivership

The Insurance Administrator will provide two con-tact names as appropriate to the subject area request-ed. It will be the responsibility of the Mentee to con-tact the Mentor.

The information provided to the InsuranceAdministrator will be strictly confidential.

Guidelines for Mentor

• A Mentor must be a practising member in goodstanding with the Law Society

• A Mentor must be called to the bar a minimum ofseven years

• A Mentor need not be senior to the Mentee, butmust have sufficient experience or expertise in thesubjects under discussion.

• A Mentor may typically play complementaryoverlapping roles such as a:

1. Coach. To help the Mentee learn a new way totackle a problem, challenge their assumptionsand encourage the exploration of new solutionsand/or the consequences of potential decisions

2. Facilitator. To share knowledge and skills

3. Communicator. To listen and address concernsclearly and effectively

4. Supporter. To be understanding and provideencouragement

Guidelines for Mentee

• A Mentee must be a practising member in goodstanding with the Law Society

• A Mentee must initiate contact with the Mentorallocated

• A Mentee is obligated to verify independentlybefore reliance on any statement of law, procedureor fact made by the Mentor to the Mentee

Rules and Conditions of Use

• Any communication between the Mentor and theMentee arising out of participation in theMentoring Program is for the sole purpose ofguiding and teaching about the practice of lawand the issues that the Mentee is likely to face inthe practice of law.

• Any communication between the Mentor and theMentee is not intended to be the rendering of legalor professional advice to the Mentee or his or herclients, and the Mentee will not rely upon such com-munications or cause any client to rely upon them.The Mentee will rely solely upon his or her ownjudgment, legal opinions, or independent research.

• No lawyer-client relationship is formed betweenthe Mentor and the Mentee as a result of partici-pation in the Mentoring Program. The Mentee willnot identify any client to the Mentor or reveal tothe Mentor any client confidence, nor will theMentee seek professional or legal advice from theMentor about specific legal matters or clients.Instead all discussions about substantive legalmatters between the Mentee and the Mentor willbe limited to hypothetical situations.

• The Mentor will not co-counsel any matter withthe Mentee, nor will the Mentor make referrals toor accept referrals from the Mentee during theterm of their mentoring participation.

• The Mentor will not assume any liability orresponsibility with respect to any legal matter ofthe Mentee’s clients, nor will the Mentor renderprofessional services to, or take any responsibilityeither directly or indirectly for any aspect of rep-resentation of the Mentee’s clients. ■

The Law Society of Newfoundland and Labrador accepts no liability whatsoever arising from The Mentor Program.

20

Benchers’ Notes

The Law Society

Calls to Bar 2016February 19th

Back row (l-r): G. Campbell, J. Samms, L. Fraize-Burry, M. White, T. McCarthy

Center row (l-r): R. Ferland, C. McCarthy

Front row (l-r): N. Leamon, B. Keating, L. English, A. Doyle, J. Compton, C. Mullin

Back (l-r): M. Vincelette, G. Stadig, T. Young, J. Whelan

Front row (l-r): K. Calon, E. Utting, M. Aylward, S. Barnes, C. Quinlan

April 15th