THE LAW SOCIETY OF ALBERTA...THE LAW SOCIETY OF ALBERTA ANNUAL REPORT 2000 OUR MISSION To serve the...

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T HE L AW S OCIETY OF A LBERTA A NNUAL R EPORT 2000 OUR MISSION To serve the public interest by promoting a high standard of legal services and professional conduct through the governance and regulation of an independent legal profession.

Transcript of THE LAW SOCIETY OF ALBERTA...THE LAW SOCIETY OF ALBERTA ANNUAL REPORT 2000 OUR MISSION To serve the...

THE LAW

SOCIETY

OF ALBERTA

ANNUAL REPORT 2000

OUR MISSION

To serve the public interest by promoting a high standardof legal services and professional conduct through the

governance and regulation of an independent legal profession.

ANNUAL REPORT 2000 THE LAW SOCIETY OF ALBERTA

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THE LAW SOCIETY OF ALBERTA ANNUAL REPORT 2000

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THE LAW SOCIETY OF ALBERTA

THE BENCHERS

Alan D. Macleod,Q.C. President

Eric F. Macklin,Q.C. President - elect

Larry G. Anderson,Q.C. John D. Bascom,Q.C.Mona Duckett,Q.C. Everett L. Bunnell,Q.C.Anthony L. Friend,Q.C. Alain Hepner,Q.C.Charlie Gardner,Q.C. Cheryl C. Gottselig,Q.C.Jean McBean,Q.C. Douglas McGillivray,Q.C.Bryan E. Mahoney,Q.C. Kenneth G. Nielsen,Q.C.Norman Picard,Q.C. Simon Renouf,Q.C.Rhonda K. Ruston,Q.C. W. Paul Sharek,Q.C.Hugh D. Sommerville,Q.C. Yvonne A. Stanford, lay bencherMorris Taylor, lay bencher Juliana E. Topolniski,Q.C.Jack Watson (Until July, 2000) Wilfred Willier, lay bencher

#600, 919 - 11th Avenue S.W.Calgary, Alberta T2R 1P3Telephone (403) 229-4700Toll free 1-800-661-9003

FAX (403) 228-1728www.lawsocietyalberta.com

OFFICERSPeter L. Freeman, Q.C. - Executive Director

Donald Thompson, Deputy Executive DirectorJames D. McLeod - Deputy Secretary

Sarah J. Brickett - Director of InsuranceL. Steven Dyer - Director of Audit

Lindsay MacDonald,Q.C. - CounselMel L. Scott, C.A. - Treasurer

Barry Vogel, Q.C. - Practice Advisor

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CONTENTS

THE LAW SOCIETY OF ALBERTA ............................................................................................... 5

ACTIVE MEMBERS BREAKDOWN ........................................................................................................ 7

BENCHERS & OFFICERS OF THE LAW SOCIETY ........................................................................... 8

PRESIDENT’S REPORT ............................................................................................................. 9

THE LAY BENCHERS - APPOINTED IN THE PUBLIC INTEREST .........................................................11

MESSAGE FROM THE LAY BENCHERS ..........................................................................................11

THE COMMITTEE REPORTS

COMMUNICATIONS COMMITTEE .......................................................................................................................12

CIVIL PRACTICE ADVISORY COMMITTEE ...........................................................................................................13

CRIMINAL PRACTICE ADVISORY COMMITTEE .....................................................................................................13

CONDUCT COMMITTEE ..................................................................................................................................14

CORPORATE AND COMMERCIAL ADVISORY COMMITTEE ......................................................................................16

CREDENTIALS AND EDUCATION COMMITTEE ......................................................................................................17

FAMILY LAW ADVISORY COMMITTEE ...............................................................................................................17

FINANCE COMMITTEE ....................................................................................................................................18

GENDER, EQUALITY AND EQUITY COMMITTEE ...................................................................................................19

INSURANCE COMMITTEE ................................................................................................................................20

JOINT LIBRARY COMMITTEE ...........................................................................................................................21

PROFESSIONAL RESPONSIBILITY COMMITTEE ....................................................................................................22

PRACTICE REVIEW COMMITTEE ......................................................................................................................23

UNAUTHORIZED PRACTICE OF LAW .................................................................................................................24

CONSOLIDATED FINANCIAL STATEMENTS

THE LAW SOCIETY OF ALBERTA ....................................................................................................................25

ALBERTA LAWYERS’ INSURANCE ASSOCIATION .................................................................................................28

2000 AD HOC COMMITTEES ....................................................................................................30

2000 SPECIAL COMMITTEES & REPRESENTATIVES TO OTHER BODIES............................................31

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THE LAW SOCIETY OF ALBERTA

The Mission of the Law Society ofAlberta is, “To serve the publicinterest by promoting a high stand-ard of legal services and professionalconduct through the governance andregulation of an independent legalprofession.”

A self-governing society, the LawSociety derives its authority from theLegal Profession Act of Alberta. Thelegislature has respected the funda-mental democratic tradition that thelegal profession should be independ-ent of the government and shouldregulate itself.

Self Regulation and Benchers

Every two years Alberta lawyers elect20 of their members to serve asbenchers. The benchers act as aboard of directors who meet regularlyand serve without remuneration,except the president who is chosenby the benchers and receives anhonourarium. Although elected bythe profession at large, each of thethree provincial districts (north,central and south) outside of Calgaryand Edmonton is entitled to oneresident bencher regardless of overallvote.

The Law Society also has three non-lawyer, lay benchers (public repre-sentatives) who are appointed by theAttorney General. As fully partici-pating benchers, the lay benchersserve on committees and disciplinepanels. They enrich the discussionon many public interest issues andopen the workings of the professionto public scrutiny.

Professional Standards

The Alberta legal profession has acomprehensive code of ethicalstandards to which all lawyers mustadhere. These standards are con-tained in the Legal Profession Act,The Rules and The Code of Profes-

sional Conduct, court decisions, andConduct Committee and hearingcommittee decisions. In case ofdoubt, lawyers also refer to authorita-tive text books and journals, and seekguidance in the form of a writtenopinion from the ProfessionalResponsibility Committee.

The criteria of academic credentialsfor admission to the legal professionare set by the National Committee onAccreditation. The educationalrequirements for lawyers includeundergraduate study, a three year lawschool program, one year as anarticling student (learning by workingwith a senior lawyer), and thecompletion of the eight-week baradmission course. The bar admissioncourse, directed by the Societythrough the Legal Education Societyof Alberta, focuses on core practiceareas, lawyering skills, and profes-sional attitudes. A comprehensiveset of practice area examinations andskill assessments ensure that onlythose lawyers with a clearly demon-strated level of competence areadmitted to the profession.

Lawyers’ fees

The Law Society is not involved inthe regulation of lawyers’ fees.Clients may apply to the court for anindependent fee review (taxation) oftheir legal fees. As an alternative tothe taxation process, voluntary feemediation is available through theLaw Society. Lawyers who charge anunreasonably high fee may bedisciplined by the Law Society.

For persons without the ability topay a lawyer, Legal Aid is available.Founded in 1970 by the Law Societyand the provincial government, LegalAid offers assistance to the needy.

Penaltiesformisconduct

A lawyer who isguilty of professionalmisconduct may be reprimanded,fined up to $10,000, suspended frompractice or disbarred. Conditions ofpractice may also be imposed on amember. While some cases of poorconduct are dealt with through thediscipline process, efforts are madeto resolve others through reviews,mentors, education upgrading orcounselling.

Public protection

The Law Society of Alberta institutedthe first mandatory insuranceprogram in Canada in 1969. Everylawyer practising in Alberta mustpurchase liability insurance withcompulsory coverage of $1,000,000per occurrence, adequate coveragefor most services provided bylawyers. Many lawyers purchaseadditional insurance. The additionalamount depends on the size of thefirm and type of law practised. Thecombination of compulsory andoptional insurance protects thepublic and spreads the cost ofinsurance equitably across theprofession. Since 1984, the Insur-ance and Loss Prevention Committeehas mounted an aggressive lossprevention program, publishingcomprehensive practice checklistsand manuals, and sponsoring freeseminars on law office managementand loss prevention techniques.

In addition to insurance for lawyers’liability, the public is protected forlosses suffered through a lawyer’smisappropriation of trust funds. TheAlberta Law Society AssuranceFund, established in 1939, was thefirst of its kind in Canada. Everyactive lawyer in the province contrib-utes to this fund.

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To ensure the public continues toreceive the highest quality of legalservices, the Law Society is vigilantin protecting the public againstunqualified persons illegally practis-ing law.

Services

The Law Society of Alberta offers avariety of services to both lawyersand the general public. In addition tothose programs outlined elsewhere inthis report, the Law Society offersthe following:

Office of the Practice Advisor

Confidential free advice for lawyersis available from practice advisorBarry Vogel,Q.C. and practicemanagement advisor PaulMcLaughlin. Barry is available todiscuss legal, ethical, and practiceconcerns and personal matters suchas stress and addiction. He also willmediate and arbitrate interlawyerdisputes. Paul provides assistancein practice management, automationand office administration, with afocus on the needs of sole practi-tioners and members practising insmaller settings. Both will travelanywhere in Alberta for meetingswith members.

The Office of the Practice Advisoralso offers a Mentor Program infamily law, criminal law, civil litiga-tion, wills and estates, and realproperty.

Lawyer Referral Service

The Law Society of Alberta operatesa Lawyer Referral Service to helppeople find a lawyer to provide thelegal services they require. Aninformation service, Lawyer Referralis not connected with Legal Aid, nordoes it provide any financiallysubsidized legal services. To use theLawyer Referral Service, phone tollfree from anywhere in Alberta bydialling 1-800-661-1095 or 228-1722 inCalgary and a lawyer referral operatorwill answer. After being advised of

the nature of the problem or the areasof law of concern, the operator willprovide you with the names andtelephone numbers of three lawyerspractising in the applicable field oflaw. You can then make an appoint-ment with one, two or all three ofthose lawyers, advising that theywere referred by Lawyer Referral.There is no charge for the first halfhour interview, after which you candecide whether or not to engage thelawyer at the full fee rate, and thelawyer can decide whether to acceptthe engagement.

Publications

The Law Society of Alberta publishesThe Benchers’ Advisory five timesannually, and contributes to thepublication of the joint Canadian BarAssociation - Law Society of AlbertaNewsletter. All publications areavailable on our website,www.lawsocietyalberta.com or bycalling our Central Records Depart-ment at (403) 229-4737 or 1-800-661-9003.

Pamphlets available from the LawSociety include:

*Buying Your Home: Facts to KnowBefore you Sign

*Civil Actions: The Process if YouSue or if You Are being Sued

*The Criminal Justice System: YourRights When Arrested or Charged

Have You Planned Your Estate?

Lawyers of Alberta: Serving thePublic Interest

Public Relations Suggestions for thePractising Lawyer

*Reviewing the Conduct of Lawyers

*Understanding Your Lawyer’s Fee

When You Divorce or Separate

Lawyers & Legal Agents/Paralegals/Legal Assistants

* Indicates availability in French.

RECOGNIZING EXCELLENCE

Distinguished Service Awards

Each year the Canadian Bar Associa-tion - Alberta Branch and the LawSociety of Alberta present specialawards in recognition of outstandingcontributions made by Albertalawyers to the community, the legalprofession and legal scholarship.

On January 26, 2001, distinguishedservice awards were presented to fiveAlberta lawyers in recognition oftheir outstanding distinguishedservice. W.C. Richard Davidson,Q.C.(Lethbridge), Ronald W. Odynski,Q.C. (Edmonton), and Gerald W.Pittman,Q.C. (Calgary) receivedawards for service to the community;Joseph P. Brumlik,Q.C. (Edmonton)received the award for service to theprofession, and Professor Peter J.M.Lown,Q.C. (Edmonton) received theaward for legal scholarship.

The 2002 awards presentaton will beheld at a special luncheon at the CBA- AB Midwinter meeting on January25th at the Calgary Westin Hotel.

2000 Viscount Bennett Awards

Alberta graduate students CarolineCox, Penny Beck and Stacy Petriukwere the recipients of the 2000Viscount Bennett Scholarships,valued at $15,000. The scholarshipsare funded from a trust fund estab-lished with a gift from the rightHonourable Viscount Bennett,P.C.,K.C. The annual awards for postgraduate studies in law are presentedto individuals with high scholasticabilities who are dedicated to theircommunity and profession, and wishto further their legal education.

Caroline Cox,B.A., M.A., LL.B.graduated from the University ofAlberta in 1999, articled with theCourt of Appeal in Edmonton andwas called to the Bar in September.

(Cont’d p.7)

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ACTIVE MEMBERS BREAKDOWN

(MAY 1, 2001)

With firms Calgary

Edmonton

Lethbridge

Red Deer

Medicine Hat

Grande Prairie

Other

Total

Sole Practitioners CalgaryEdmonton

Lethbridge

Red Deer

Medicine Hat

Grande Prairie

Other

Total

Corp & Companies Calgary

Edmonton

Lethbridge

Red Deer

Medicine Hat

Grande Prairie

Other

Total

Government Calgary

Edmonton

Lethbridge

Red Deer

Medicine Hat

Grande Prairie

Other

Total

With a sole practitioner Calgary

Edmonton

Other

Total

Outside of Alberta Total

Active members Total

Male Female

2033 1536 497

1391 1032 359

92 76 16

79 64 15

42 35 7

26 22 4

276 218 58

3939 2983 956

446 304 142

315 242 73

15 13 2

23 19 4

14 13 1

7 6 1

154 125 29

975 722 252

530 327 203

121 76 45

3 2 1

4 2 1

1 1 0

1 0 1

27 19 8

687 425 260

179 86 93

407 211 196

13 10 3

8 8 0

8 6 2

4 3 1

25 16 9

644 340 304

1 0 1

5 2 3

2 1 1

8 3 5

340 266 74

6704 4832 1872

Cox is currently a student atMagdalen College, Oxford Universityin the one year, graduate levelBachelor of Civil Laws program,where she plans to focus on restitu-tion and conflict of laws.

Following her graduation fromQueen’s University in 1999, PennyBeck, B.Sc., LL.B. moved to Albertaand accepted articles with the Courtof Queen’s Bench, the Court ofAppeal, and McCarthy Tetrault. Sheis currently enrolled in the Masters inLaw program at Cambridge Univer-sity focusing her studies in the areasof civil rights and legal history.

Stacy Petriuk,B.A., LL.B. earned herundergraduate degree from Queen’sUniversity, and graduated from theUniversity of Calgary in 1996.Following articles with ParleeMcLaws, she was called to theAlberta Bar in 1997 and joined theCalgary law firm, May Jensen ShawaSolomon, where she practisedprimarily civil, commercial andcorporate litigation. Currently astudent in the course-based Masterof Laws program at the University ofCambridge, Petriuk plans to focus herstudies in comparative tort law andremedies and international law.

W. Bernie Kelly,Q.C.Memorial Prize

Jason Rohrick, of the University ofAlberta and jointly, Adeola Omoleand Mark Maxwell of the Universityof Calgary, received the W. BernieKelly Q.C. Memorial Prize. The prizeis awarded annually to law studentsin honour of the Law Society’s formersecretary, W. Bernie Kelly,Q.C.

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BENCHERS & OFFICERS OF THE

LAW SOCIETY OF ALBERTA, 2000

(From left, front row) Larry Anderson,Q.C.; Wilfred Willier (lay bencher); Mona Duckett,Q.C.; PeterFreeman,Q.C. (executive director); Alan D. Macleod,Q.C. (president);Eric Macklin,Q.C.(president-elect); JeanMcBean,Q.C.; Simon Renouf,Q.C.; Cheryl Gottselig,Q.C.; Douglas McGillivray,Q.C.; (Back row) BarbaraCooper, director of practice review; Jack Watson,Q.C.; Barry Vogel,Q.C. (practice advisor); Kenneth G.Nielsen,Q.C.; Hugh Sommerville,Q.C.; Paul Sharek,Q.C.; Sarah Brickett (director of insurance); CharlieGardner,Q.C.; Rhonda Ruston,Q.C.; Bryan E. Mahoney,Q.C.; Hugh Robertson,Q.C., (executive director, LESA);Paul McLaughlin (practice management advisor); Alain Hepner,Q.C.; James D. McLeod (deputy secretary);Juliana Toplniski,Q.C., Morris Taylor (lay bencher);Allison MacKenzie (communications director); Micheal Wylie(law dean,U of C); John D. Bascom,Q.C.; Anthony Friend,Q.C.; Don Thompson (deputy executive director)

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PRESIDENT’S REPORTby Alan D. Macleod, Q.C., president

During the past year, the benchersmet eight times and the executivecommittee met nine times. It is mypleasure to report on the highlightsof the work undertaken on yourbehalf during 2000.

Administrative changesOur executive director, Peter FreemanQ.C. announced his intent to retireeffective June 2001 after 13 years ofservice. As a result we conducted anextensive search which culminatedwith the hiring of Don Thompson asdeputy executive director. Thebenchers intent was that Don wouldsucceed Peter in due course, an eventwhich took place as scheduled onJune 31, 2001. Don’s expertiseincludes 16 years with the LawSociety of British Columbia asdeputy executive director.

Formation of the Law Societies ofWestern CanadaThe practice of law is undergoingdramatic change. Technology,NAFTA and the WTO have allcontributed to erasing borders,whether they be provincial, nationalor global. And while geographicaland professional borders are disap-pearing, technological advances arerevolutionizing the ways in which wecommunicate and practice law.

What does this mean for law socie-ties and their members? In what wayscan law societies cooperate and worktogether to improve regulation in thepublic interest and to anticipate thefast moving dynamics facing thelegal profession? At our Juneconvocation representatives of thelaw societies of British Columbia,Saskatchewan and Manitoba joinedus for an intensive exploration ofthese issues.

During those discussions we allagreed there are areas where we canbenefit from collaboration with thewestern law societies, most notablyin education, mobility and compe-tency standards. Since that firstmeeting in June, the Law Societies ofWestern Canada have met a numberof times to discuss areas ofcommonality and measures that canbe implemented to facilitate thepractice of law in this changingenvironment.

MobilityAs a result of collaboration with thewestern law societies an importantchange has been made to the mobil-ity rules which governinterjurisdictional practice. Thepresent 10-20-12 rule (ten matter,twenty days over twelve months) hasbeen expanded to an unlimitednumber of matters for up to sixmonths in any one year. This isanother step toward what we hopewill be an ability on the part of ourmembers to practise in a seamlessway throughout western Canada.

The Western Torrens Project(Real Estate ConveyancingProject)The Western Torrens Project is ajoint response of the western lawsocieties to the many changes in theresidential real estate and convey-ancing marketplace within whichlawyers provide legal services to thepublic. The project provides a refinedand restructured residential realestate practice which expedites theconveyancing process for lenders,provides consumers with continuedaccess to independent legal adviceand will ensure the integrity of theTorrens land registration system ispreserved. This new conveyancingprocess improves the ability oflawyers to process residential real

estate transactions safely, efficiently,and in a consistent manner across thefour western provinces.

Significant consultation with themembers has taken place on thisinitiative including town hall meet-ings across the province andBenchers’ Advisory updates request-ing member input.

Contingency feesThe new rules relating to contin-gency fees became effective May 1,2000. These rule changes, which werethe result of significant consultationwith the membership, are available foryour review on our websitewww.lawsocietyalberta.com.

Articling guidelinesAt the April 2000 convocation thebenchers passed new rules govern-ing the procedures for the recruit-ment of articling students. Thebenchers approved the rules inresponse to complaints received frompractitioners, law students and thelaw schools. The rule changes weremade following a long period ofconsultation with the membershipwhich included Benchers’ Advisoryarticles, town hall meetings and aconsultative subcommittee consist-ing of practitioners, law schooladministrators and Law Societyrepresentatives. To review thearticling recruitment guidelinesplease visit our website, http://www.lawsocietyalberta.com/whats_new/new_apr4_recruit.asp.

Electronic credentialling

We continue to work with the LawSociety of British Columbia on anelectronic credentialling program. Itis our expectation that eventually an

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agency of law societies will act as acertifying authority for the purposeof identifying the electronic creden-tials of our members who are increas-ingly involved in e-commercetransactions.

Legal Aid negotiationsThis year, following intensivenegotiations, the notional hourly ratepaid to members of the legal aid barwas increased. Effective October 1,2000, the hourly rate which had beenset at $61 since 1991, rose to $70 perhour. This rate increased to $72effective April 1, 2001 and willcontinue to increase a further $2 perhour on subsequent anniversariesuntil April 1, 2002, when the rate willreach $80 per hour.

In addition, the structure of legal aidis being reorganized so that there willbe a new governance model for theLegal Aid Society with directorsappointed by Alberta Justice and theLaw Society of Alberta, the latterappointing the majority. The govern-ance model includes a new mecha-nism for determining legal aidcompensation for the private bar.This should allow the Law Society toavoid acting in effect as a bargainingagent for lawyers, which will in turnenable the Society to advocate togovernment for increased access tojustice for those who cannot affordrepresentation without the appear-ance of self interest.

Legal Aid has also initiated the familylaw pilot project, which provides staffcounsel to those needing assistanceon family law matters in Calgary,Edmonton, or Red Deer.

Multidisciplinary practices(MDPs)Over the past decade the big fiveaccounting/consultancy firms havemoved steadily into the delivery oflegal services. This has createdintense pressure upon law societiesto create a structure which allowsmulti disciplinary practise betweenlawyers and other non lawyerprofessionals, however, the Law

Society must preserve its ability toeffectively regulate the provision oflegal services to the public. Anindependent legal profession is onlypossible if all those involved in thedelivery of legal services are ac-countable in a meaningful way to thelaw society, whether it be in Alberta,Nova Scotia or anywhere else. A lawfirm controlled by non lawyers isobviously not accountable.

For these reasons, following signifi-cant debate, consultation andconsideration, the benchers decidedthat multi disciplinary practices arepermitted only if controlled bylawyers. With respect to captivefirms, they are lawyer-only partner-ships and we expect them to continueto follow the Law Society rules andthe Code of Conduct, as we expect allmembers to do.

The Society continues to explore theidea of regulating firms. The LegalProfession Act permits the LawSociety of Alberta to make rules withrespect to the duties of law firms andaccordingly, we have come authorita-tive basis for taking jurisdiction overfirms in addition to our individualmembers. Indeed we do so with ourtrust accounting rules and with therules governing student hiring.

Rules of Court

The Alberta Law Reform Institute(ALRI) has agreed to coordinate areview of the Rules of Court as a newproject. Our Rules have served usextremely well over the last 35 yearsor so, but the many amendmentshave made them voluminous, and inthe view of many, somewhat cumber-some. ALRI has committed toextensive stakeholder consultation,and has undertaken this project witha view to simplification of the Rulesand compatibility with other jurisdic-tions.

Government relationsDuring 2000, the benchers continuedto foster and maintain a harmoniousworking relationship with the provin-cial government. Deputy MinisterPaul Bourque, Q.C., attended alter-nate benchers convocations duringwhich he addressed emergent issuesof common concern and answeredquestions put forth by the bencherson behalf of the membership.Throughout the year, members of theexecutive met with the Minister ofJustice and Attorney General DaveHancock, Q.C., on a regular basis. Awide range of issues was discussedat these meetings and these discus-sions were frank and congenial.

The Year of the Volunteer2000 was the year of the volunteer.The Law Society of Alberta dependson the efforts of more than 200volunteers who served on LawSociety committees. Volunteersenable the Law Society to fulfil itsstatutory obligations, and to developand maintain programs designed topromote the competent provision ofhigh quality legal services to thepublic. Across Alberta, legal organi-zations such as the Legal EducationSociety of Alberta, Calgary LegalGuidance, the Bar Admission Pro-gram and the Legal Resource Centrecontinue to provide valuable servicesat minimal cost as a direct result ofthe efforts of volunteers.

In conclusionI would like to thank all the Benchers,committee members and Law Societystaff for their unparalleled contribu-tions of time and energy during 2000.

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Appointed by the Minister of Justicefor a two-year-term, lay benchers safeguard the public interest and ensurethat the views of the public areconsidered on issues of publicconcern. Being a lay bencherrequires active participation in themany duties of the Society, includingparticipation on Conduct Hearings,Assurance Fund Claims, ConductPanels and convocations as well asmembership in a large variety of theSociety’s standing committees.

Yvonne Stanford was appointed aslay bencher in January 2000. Ms.Stanford’s many professional andcommunity activities have includeddirector of the Canadian MentalHealth Association, Calgary; programdirector of the YWCA, Calgary;accountant and internal auditor,Dome Petroleum; president of theboard, Women’s Centre of Calgary;Alberta representative to the Na-tional Action Committee on theStatus of Women; and workingmembership with community organi-zations such as the Calgary Coalition

for EqualAccess toEducation,the Committeeon RaceRelations, andthe DignityFoundation.During 2000Ms. Stanfordserved on the finance, appeal,practice review, unauthorizedpractice, audit and gender, equity andequality committees.

Appointed asa lay bencherin January1998, andreappointedin January2000 to asecond term,Morris Tayloris the presi-

dent of MTR Consultants Ltd., inEdmonton. This firm specializes inthoroughbred and harness racing in

Canada and the United States,providing expert assistance to thelegal profession through the Philadel-phia Company, Technical AdvisoryService for Attorneys. Mr. Taylorserved as a member of the appeal,communications, conduct andfinance committees during 2000.

Retired HighPrairieprobationofficer andactive com-munityvolunteer, laybencherWilfred Willierworked forAlberta Justice and the SolicitorGeneral for 30 years. First appointedas a lay bencher in 1998, Mr. Willierwas reappointed in January 2000 to asecond two year term. Mr. Willierwas a member of the finance, practicereview, unauthorized practice andgender, equity and equality commit-tees.

THE LAY BENCHERS -APPOINTED IN THE PUBLIC INTEREST

MESSAGE FROM THE LAY BENCHERS

by Yvonne Stanford, Morris Taylor,and Wilf Willier

It is our pleasure to report on ourexperience as lay benchers during2000.

Since lay benchers are governmentappointees, one might think theposition would be honourary withlittle input, but nothing could befurther from the truth. From the dayof our appointment, each of the ushas become involved with theinnermost workings of the LawSociety, serving on committees,

attending meetings and contributingour voices to the decision makingprocess.

Each bencher, whether appointed orelected, must review their back-ground and decide which areas of theLaw Society of Alberta could bestgain from their expertise and experi-ence. Lay benchers sit on many ofthe Society committees includingconduct, appeals, finance, profes-sional responsibility, communica-tions, etc. In addition under Albertalaw, lay benchers are required to siton hearing appeal panels whether an

appeal from a Law Society member ora member of the public contesting aruling. As lay benchers, we bring apublic, non lawyer perspective to theprocess, which ultimately allows usto offer insights into the view ofmatters from a public perspective.

In our experience the Law Society ofAlberta continually strives foropenness in its hearings and proc-esses. We continue to be impressedwith the dedication and commitmentof the benchers.

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Volunteer CommitteeMembers

Eric Macklin (C)N.F. Wm. Picard (VC)C.D. GardnerS. RenoufJ. MadsenM. TaylorM.E. BarrollWm. L. HunterC.E. WoodA.G. YoungG. PricePeter Freeman, LSAAllison Mackenzie, LSA

The Communications Committee promotescommunication between the Law Society,its members and the community at large,and informs the public about the profes-sion and the practice of law. I am pleasedto report on the committee’s work during2000:

PublicationsThe Law Society produces a variety ofpublications targeted at informing andeducating the legal profession andinterested members of the general public.Our primary newsletter, The Benchers’Advisory, informs members of newsrelating to the legal profession, and thepractice of law. The Law Society alsoassists in the funding of The Newsletter, ajoint publication with the Canadian BarAssociation. In addition, the Law Societyprints and distributes, on a cost recoverybasis, a series of consumer informationbrochures which provide basic informationabout different areas of law.

Media GuideEach year the Law Society of Alberta andthe Canadian Bar Association - AlbertaBranch co-sponsor the Media Guide. Thisbooklet assists the media in findingappropriate representatives of the profes-sion to field their inquiries.

Website ManagementOur web site, www.lawsocietyalberta.comhas emerged as our primary communica-tion tool with Alberta lawyers and thegeneral public. During 2000 we continuedto refine and expand the web site toprovide additional comprehensive infor-mation.

COMMUNICATIONS COMMITTEEby Eric Macklin,Q.C., chair

Creation of a 30 year memberrecognition award

Lawyers play an increasingly importantrole in our complex society, yet often thecontributions made by members of thelegal profession to the community gounnoticed. There are many members of theLaw Society of Alberta who spend theircareers efficiently assisting clients andtheir communities yet their efforts golargely unrecognized. In light of this, theCommunications Committee recommendedthe benchers expand the Society’s Awardand Recognition Program to include anaward in recognition of members of theAlberta Bar who have accumulated 30 ormore years of service to the community asan active member of the Law Society ofAlberta.

The benchers approved of this expansionto our awards program and in April, 30Year Member Recognition Awards weresent to 400 active members of the LawSociety of Alberta. The award consists ofa gold lapel pin engraved with the Soci-ety’s logo and a congratulatory letter fromthe president.

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The Civil Practice Advisory Committee hashad a very busy year. Included in theprojects worked upon have been: asubmission concerning a court annexedmediation in all civil matters; a submissionto and participation in discussions withALRI concerning class action proceed-ings; a submission to the Court of Queen’sBench Internal Rules Committee respect-ing proposed changes to the very longtrial practice note and the case manage-ment practice note; and a submission tothe Alberta Court of Appeal relative to theproposed appeal rules pilot project.

CIVIL PRACTICE ADVISORY

COMMITTEE

Volunteer CommitteeMembers

D. A. McGillivray(C)J. E. Topolniski (VC)R. K. RustonT. D. HamillE. A. JohnsonR. J. N. GilbornJ. D. HolmesH. MadillJ. A. MiddletonG. W. SharekD. J. LoweE. F. MacklinE. L. BunnellMr. Justice Paul BelzilP. L. Freeman, LSAD. Thompson, LSAL. MacDonald, LSA

by Douglas McGillivray,Q.C., chair

by Mona Duckett, Q.C., chair

This committee deals with issues confront-ing criminal law practitioners. The commit-tee met twice by video conference andonce by teleconference this year.

Two issues discussed by the committeewhich led to the formation of subcommit-tees included the development of aprotocol regarding the execution of searchwarrants at law offices and the use ofdisclosure material by defence counsel.This work continues.

The search warrant subcommittee met withrepresentatives of both provincial andfederal governments to discuss thedrafting of a protocol when a law office issearched, similar to that in use in BritishColumbia. On recent occasions, the LawSociety had been advised that a law firmwas to be searched, which allowed us tohave counsel available on site to ensurethat execution went smoothly and privi-leged materials were dealt with properly.However, we hope that a more formal andclear protocol can be negotiated. Discus-

sions are ongoing despite the constitu-tional validity of s.488.1 of the CriminalCode, being before the Supreme Court ofCanada.

The issue of defence use of disclosurematerials resulted in considerable debateas to what, if any role the Law Societyshould have in the matter and the subcom-mittee continues to consider the subject.

Other issues discussed by the committeeincluded Bill C-22, a new Money Launder-ing Act, which resulted in an Advisoryarticle being published about the reportingrequirements lawyers will potentially face.As well, the committee considered theactions of legal agents, Legal Aid, TheAlberta Community Justice Policy, ThePolice Act Review, Court of Appealproposed limitations on the time for oralargument, pre-trial conferences in YouthCourt and proposed changes to theQueen’s Bench bail procedures.

Criminal practitioners are invited to bringmatters of general concern to the commit-tee for discussion.

Volunteer CommitteeMembers

M. T. Duckett (C)W. WillierG. DaviesE. A. HughesB. HartridgeB. McLarenK. McLeodA. OuelletteL. StevensL. MacDonald, LSAD. Guenter, LSAJ. Rothery, LSA

CRIMINAL PRACTICE ADVISORY

COMMITTEE

The committee joined with the Court ofQueen’s Bench in town hall meetings inEdmonton and Calgary where the revisedExpert Rules, the revised Discovery Rulesand the proposed revised Case Manage-ment and VLT Practice Notes were dis-cussed. The committee attended meetingswith the Court of Appeal and Court ofQueen’s Bench where many trial issueswere discussed as well as the court’s rolein the Law Society’s civility initiative.

The Law Society’s participation in each ofthe foregoing projects has been a signifi-cant factor in the development of finalreports and in significant revisions beingmade to certain of the Rules of Courtprojects.

ANNUAL REPORT 2000 THE LAW SOCIETY OF ALBERTA

14

by Ken Nielsen, Q.C., chair

There were a number of developmentsover the last year both from a legislativeand procedural perspective that arerelevant to Law Society discipline matters.

Section 80 of the Legal Profession Act wasamended to provide for the automaticsuspension of a member who is impris-oned or is serving a conditional or inter-mittent sentence of imprisonment andduring any period of parole. This auto-matic suspension is applicable whether theconduct of the member giving rise to thesentence has been subject to previous orother proceedings under the Act andwhether a suspension order has beenpreviously made in respect of the member.This amendment ensures that no memberwho is serving a sentence, of any form, ispermitted to practice law.

Section 60 of the Legal Profession Act wasamended so as to streamline the proce-dures applicable with respect to interimsuspensions of members. Guidelines weredeveloped to outline the procedures to befollowed in seeking interim suspensions.

A subcommittee was struck to review theobligations of the Law Society to providedisclosure to members involved in discipli-nary proceedings. The Pre-Hearing Guidewas amended to outline, in greater detail,the obligations of Law Society counsel todisclose information to the defence. Theguidelines established follow, in a generalfashion, the disclosure obligations incriminal proceedings. Members facingdiscipline issues are entitled to receive allrelevant evidence so as to enable themember to make full answer and defence inthe proceedings and for no other purpose.The guidelines were developed so as toprotect the privacy and confidentiality ofindividuals providing information to theLaw Society with respect to disciplinaryproceedings.

The benchers adopted Rule 90.1 toinstitute mandatory pre-hearing confer-ences. In many situations, significantdelays and difficulties were being encoun-tered in the scheduling and conduct ofhearings once charges had been directed.Often, procrastinators had an advantage inthe Law Society discipline process.Pursuant to Rule 90.1, once a charge isdirected against a member, a pre-hearingconference is scheduled to deal with allpre-hearing matters. The pre-hearingconferences will continue until the matteris set for a hearing.

Often, members facing disciplinaryproceedings are represented by counselon a pro-bono basis. The Law Societymaintains a list of pro-bono counsel. Overthe last year, attempts have been made toupdate the pro-bono counsel list. Mem-bers who are prepared to act on a pro-bono basis are encouraged to advise theLaw Society of their willingness to act formembers facing disciplinary proceedings.

The legislative and procedural amend-ments referred to herein were pursued inan attempt to streamline and expedite thediscipline process. The Conduct Commit-tee and the Conduct Department had avery busy year and I wish to take thisopportunity to thank the non bencher andbencher members of the Conduct Commit-tee and all staff in the Conduct Departmentfor their assistance and hard work over thepast year.

CONDUCT COMMITTEE

Volunteer CommitteeMembers

K. G. Nielsen (C)A. Hepner (VC)L. A. AndersonC. D. GardnerD. A. McGillivrayN. F. Wm. PicardH. D. SommervilleM. TaylorJ. E. TopolniskiE. L BunnellW. WillierJ. E. DavisonB. J. LarbalestierR. J. O’GormanJ. (Jim) S. PeacockB. K. RattanR. W. RandS. M. ShawaR. W. WilsonL. MacDonald, LSAJ. D. McLeod, LSAI. MacEachern, LSAD. Guenter, LSAD. Hutchinson, LSA

THE LAW SOCIETY OF ALBERTA ANNUAL REPORT 2000

15

OtherCivil litigation (not MVA)Corporate/commercialFamily General criminalMotor vehicle accidentsReal estate and mortgagesWills & estatesCreditors rights/collections

Comparative Conduct Department Statistics for 2000 and 1999

Process 2000 1999

Complaints and enquiries received1 3,807 3,977Referred to senior complaints coordinator 2 48 59Opened as formal complaints (S.51 LPA) 132 197

Public complaints 46 93Lawyer complaints 34 41LSA generated complaints 52 63

Disposition of formal complaints by administration

Dismissed 59 68Directed to investigation by deputy secretary 13 23Referred to conduct committee panel for further review 92 75

Disposition of Conduct Committee Panels

Directed to investigation 0 1Directed to mandatory conduct advisory3 30 19Directed to Practice Review Committee 19 4Directed to hearing 40 40

1 Initially dealt with by complaints resolution officers (lawyers)2 Referred after unsuccessful attempts at resolution and dealt with by letter advising that complaint does not discloseevidence of unethical conduct.3 A mandatory conduct advisory (MCA) is a meeting between a bencher and the lawyer to deal with deficiencies inlawyer’s conduct which does not constitute conduct deserving of sanction. A successful MCA results in dismissal ofthe complaint.

2000 Complaints and Enquiries by Area of Practice

Other includes administrative law, bankruptcy, builders liens, civil liberties, condominium litigation, driving andtraffic offences, immigration, insurance, intellectual property, young offenders, labour and employment, landlord andtenant, professional malpractice, oil, gas and mining, securities, taxation, wrongful dismissal, Dependent Adult Act/EPA, foreclosures, workers compensation, miscellaneous and not specified.

ANNUAL REPORT 2000 THE LAW SOCIETY OF ALBERTA

16

by Cheryl C. Gottselig, Q.C., chair

Electronic signatures, once again, domi-nated the activities of the Corporate andCommercial Advisory Committee duringthe year 2000. Dale Spackman, Q.C. aschair of the sub-committee on electroniccommerce, continued to play a key role inthis Law Society’s participation in thenational initiative sponsored by TheFederation of Law Societies of Canada. Allof this activity culminated in the passingof a resolution at our February convoca-tion, which committed The Law Society ofAlberta to participate in Juricert and tocommit, approximately, $50,000 per year forthe next four years.

Electronic communication is a part of lifeand the Law Society must provide thetools which will allow lawyers to practicesafe and secure communications overelectronic digital public networks. Thetool to be provided by Juricert is digitalidentity which will verify a lawyer’sidentity. This national initiative willprovide us with a method wherebylawyers’ signatures across Canada can beauthenticated. The Law Society has atraditional role as a credentials issuer.This step forward will allow it to certifyelectronic identities. This matter will befurther advanced at the Federation’smeeting in February, 2001.

Under the excellent guidance of AndrewHladyshevsky, Q.C., a meeting was heldwith MLA Pat Nelson in January 2000,which resulted in the amendment ofSection 42 of the Business CorporationsAct and the adoption of the subsequentregulations. Further amendments to theBusiness Corporations Act are beingconsidered and will be proposed to thegovernment in 2001.

It was confirmed that our present insur-ance coverage will provide coverage tomembers who provide electronic corporateregistry services to clients.

Extensive discussion was held with regardto money laundering legislation and wehope to provide to members some sugges-tions with regard to how that Act shouldbe dealt with in one’s everyday practice.

A sub-committee of the Corporate andCommercial Advisory Committee and theProfessional Responsibility Committeewas struck in November, 2000. Thatcommittee, under Martin Kay, Q.C., hasmet on several occasions and has pro-vided a report to the Professional Respon-sibility Committee. That report has yet tobe reviewed by the Corporate and Com-mercial Advisory Committee. A law firmhas asked the Law Society to take aposition on requests being made tolawyers by accounting firms to signconfidentiality agreements intended toprevent the lawyers from disclosing thelegal concepts and structures underlyingtax plans supposedly developed and beingpromoted by the accounting firm. Whenthis report has been fully reviewed, it willthen be discussed by the benchers aconvocation and a report will be given tothe membership.

Denise McMullen has been appointedchair of a sub-committee to determinewhether a recommendation should goforward to the provincial government toenact ULC legislation in Alberta.

The tireless work of each of the membersof this committee is inspirational. Theapplication of new technologies to thepractice of law will continue to be aleading challenge in the future. TheCorporate and Commercial AdvisoryCommittee is in the forefront and dealingwith government and their institutions toensure that the ethical duty we have topractice safe and secure communicationsover electronic public networks will beensured.

CORPORATE AND COMMERCIAL

ADVISORY COMMITTEE

Volunteer CommitteeMembers

C. C. Gottselig(C)D. J. Stratton (VC)A. HepnerC. D. GardnerS. BodieG. A. CampbellJ. D. CoulterA. J. HladyshevskyH. M. KayD. D. McMullenD. R. SpackmanB. F. RomankoM. F. SwansonM. WhittP. L. Freeman, LSAD. Thompson, LSA

Electronic Commercesubcommittee

D. R. Spackman(C)C. C. GottseligA. J. HladyshevskyG. HoJ. J. RuitenschildM. Whitt (BM Nov. 2000)P. L. Freeman, LSA

THE LAW SOCIETY OF ALBERTA ANNUAL REPORT 2000

17

by Simon Renouf, Q.C., chair

The Law Society’s Credentials andEducation Committee addressed a numberof interesting issues in 2000.

Among the matters of greatest interestwas the introduction of the new articlingstudent hiring rules, which were in effectfor the first time in the recruitment periodestablished for June, 2000. These ruleswere fine tuned in early 2000 by thebenchers, following the work of a subcom-mittee chaired by the vice chair of Creden-tials and Education committee, BryanMahoney, Q.C.

As in previous years the committee spentmuch of its time addressing an increasingworkload of applications for a variety ofconsiderations under the Law Society’srules, and the rules applicable to the baradmission course. These include applica-tions for reinstatement to active practice,back dating of articles, qualifications for

CREDENTIALS AND

EDUCATION COMMITTEEstudent-at-lawand principal,student appealsand other matters. As a result of rulechanges many of the matters which had tobe referred to the benchers in the past cannow be dealt with conclusively by thecommittee.

The Education Committee was well servedby the deputy executive director, DonThompson and other staff of the lawsociety, particularly Brenda Gesinghauswho have continued to provide excellentsupport to the committee.

As this was my last term as chair, I wouldlike to extend my personal thanks andappreciation to all the members of thecommittee and especially to Mr. Mahoneyand to two former chairs of the Credentialsand Education Committee, the Hon.Madam Justice P. Rowbotham andFrancine Swanson, Q.C. for the guidanceand assistance they have provided to me.

Volunteer CommitteeMembers

S. Renouf (C)B. E. Mahoney (VC)D. A. McGillivrayL. G. AndersonJ. M. McBeanH. D. SommervilleJ. E. TopolniskiE.L. BunnellA. J. BrownS. E. D. FairhurstF. L. SchutzM. F. SwansonDean M. WylieDean L. KlarH. A. RobertsonD. Thompson, LSAB. Gesinghaus, LSA

Education Plans &Articling subco

L. G. Anderson (C)J. M. McBeanB. E. MintzH. A. Robertson

Transfer & Mobility subco

M. F. Swanson (C)E. L. BunnellR. V. T. BoydenH. M. KayJ. LawR. ReesonDean M. Wylie

by Bryan E. Mahoney, Q.C., chair

The committee’smain project was asubmission to theUnified FamilyCourt Task Force.Other topicsaddressed throughthe year wereliability for lawyersand division of

pensions in matrimonial property agree-ments or orders; collaborative law initia-tive, domestic violence legislation, lawreform of family law, new examination for

discovery rules and standard of care in thepractice of family law. The committeeanxiously awaits the release of the UnifiedFamily Court Task Force Report by thegovernment. Also on the horizon for 2001is the Legal Aid Family Law Pilot Project.This pilot project is now underway andwhen up and running will provide stafflawyers for legal aid clients with family lawproblems. Also upcoming is the reform ofthe Divorce Act and Federal Child SupportGuidelines. Family law is always changingand the committee looks forward to thechallenges of 2001. Special thanks to ourcommittee members for giving of theirvaluable time.

FAMILY LAW ADVISORY

COMMITTEE

Volunteer Committeemembers

B. E. Mahoney (C)R. K. Ruston (VC)J. M. McBeanW. E. BestD. G. MoeR. J. O’GormanN. F. Wm. PicardP. L. Freeman, LSA

ANNUAL REPORT 2000 THE LAW SOCIETY OF ALBERTA

18

by Anthony Friend,Q.C., chair

The Finance Committee supervises thefinancial affairs of the Law Society ofAlberta and is responsible for dealing withclaims against the Assurance Fund. TheCommittee reviews and makes recommen-dations to the benchers with respect to theannual budgets for the General, Assur-ance, and Viscount Bennett funds, andwith respect to the annual fee and Assur-ance Fund levy to be paid by members ofthe Law Society.

THE 2000 BUDGETS

As has been the case in previous years,the budgeting process for 2000 adhered tothe following principles:

• A balanced budget;

• Fee increases only to keep pace withinflation or to avoid situations of noincreases over several years followed bysignificant increases that would be ofconcern to members; and

• Provision in the budget for an annualcontribution to surplus of $50,000 with theobjective of achieving over time anaccumulated surplus of $500,000.

The finances of the Law Society and itsAssurance Fund continued to be healthyin 2000. Members’ fees for 2001 were set,in accordance with the above principles, at$889, which is a 3 per cent increase overthe previous years’ fee of $840. TheAssurance Fund levy was increased to $96from $92. Because of the accumulatedsurplus in the Assurance Fund, we onceagain have been able to utilize some of thesurplus for fund expenses and thus keepthe levy increase to a minimum.

Noteworthy items budgeted for in thecurrent year include a $50,000 contributionto a national virtual library initiative and a$50,000 allocation towards a nationalelectronic signature project. A benevolentfund, for the initial amount of $15,000, hasbeen established to assist where appropri-ate members who are working with thePractice Review Committee.

One of the most significant accomplish-ments of the Finance Committee over thepast year was the adoption of a stream-lined Assurance Fund claims process.Previously such claims had been dealtwith through a time consuming and labourintensive hearing based procedure. Claimswill now be processed largely, but notexclusively, under a paper based claimsprocedure, with hearings available incertain circumstances. Having regard toexperience in other jurisdictions, we expectclaims will be dealt with more effectivelyand expeditiously, using less time andresources.

It has been a productive year for theFinance Committee, and I thank all mem-bers of the committee and the staff at theLaw Society for their time and contribu-tions over the past year.

Volunteer CommitteeMembers

A. F. Friend (C)C. C. Gottselig (VC)C. D. GardnerY. A. StanfordM. Taylor E. L. BunnellW. WillierJ. T. HendersonL. A. JohnsonC. J. MillerW. K. MisD. SymeP. Freeman, LSAB. Whitby, LSA

Audit subcommittee

E. F. Macklin(C)Y. A. StanfordR. D. HupferJ. S. SteelM. L. Scott, LSAP. L. Freeman, LSA

FINANCE COMMITTEE

THE LAW SOCIETY OF ALBERTA ANNUAL REPORT 2000

19

by Norman Picard, Q.C., chair

The Gender, Equality and Equity Commit-tee assists the benchers in the develop-ment of policy concerning diversity relatedissues. The following are highlights of thecommittee’s work during 2000:

Equity ombudsperson

Following an extensive search, JeanneByron, an Edmonton lawyer with extensivemediation experience was hired as equityombudsperson on a three year part timecontract.

To publicise the continuation of theprogram and the services offered by theOffice of the Equity Ombudsperson, theLaw Society’s webpage was updated toinclude a comprehensive description ofthe services available. In addition, abrochure detailing the services availablethrough the Equity Ombudsperson’s officewas developed and distributed to allmembers of the profession.

Workplace policiesThe Gender, Equality and Equity Commit-tee has developed model policies onvarious issues including harassment,equality in employment interviews, genderinclusive language, alternate work sched-ules and guidelines for parental leave.Each of these policies is updated asrequired and is available on line.

As a result of changes to the EmploymentInsurance Act and recent court decisionsin the equity area, the model parental leavepolicy had become outdated. During 2000,the committee revised this policy. Theupdated version of the guidelines with theamendments in force as of January 1, 2002is now available on our website,www.lawsocietyalberta.com.

The committee also researched themanagement of equity and diversity in theworkplace through the institution ofrespectful workplace policies.

Part time insurance feesThis issue was referred to the Gender,

Equality and Equity committee for input.Both British Columbia and Ontario cur-rently offer part time insurance rates. Thecommittee reviewed the informationavailable from these jurisdictions anddetermined there are valid policy reasonsto investigate the issue of part timeinsurance, primarily to accommodate childrearing responsibilities and to accommo-date a “more humane” method and slowerpace of practice lifestyle.

As a result, the benchers struck a subcom-mittee consisting of members of PracticeReview, Insurance and Gender, Equalityand Equity to investigate and bring forthrecommendations.

Q.C. selection processNova Scotia and New Brunswick haverequirements for consideration of balanceof gender, language and geographicrepresentation in the Queen’s counselselection process. Our committee wasasked to consider whether issues of equityand diversity are currently considered inthe Alberta Q.C. selection process andwhether the process needs to be changedto become more inclusive. The committeehas not yet reported back to the bencherson this issue.

Harassment videoThe Law Society of Alberta and theCanadian Bar Association have enteredinto a joint venture to produce a videoregarding harassment for use by the legalprofession. Grant funding from the HumanRights, Citizenship and MulticulturalismFind was secured in early 2001 and theproject is now underway.

ConclusionIt has been an honour to serve as chair ofthis committee over the past year. Mysincere appreciation to the committeemembers for the dedication and hard work,and to Susan Billington for her continuedsupport and participation.

GENDER, EQUALITY AND EQUITY

COMMITTEE

Volunteer CommitteeMembers

N. F. Wm. Picard (C)J. M. McBean (VC)R. K. RustonW. P. SharekY. A. StanfordW. WillierA. AbougoushB. EngeG. HoA. KirkerK. MawaniS. MartinA. AcornM.E. A.(Beth). MillerJ. ByronD. Thompson, LSAS. Billington, LSA

ANNUAL REPORT 2000 THE LAW SOCIETY OF ALBERTA

20

by W. Paul Sharek,Q.C., chair

The Alberta Lawyers Insurance Associa-tion (ALIA), the liability insurance pro-gram for Alberta lawyers, in spite of anincrease in the levy, remains financiallysound and completed a successful year ofoperation.

Insurance levy

Last year’s report foreshadowed anincrease in the insurance levy in futureyears owing to an increase in claims,somewhat lower returns on investments,and other factors which reduced thecontingency reserve in the insurance fund.

Our actuaries advised that for 2000, $2968per member would be required to meet theanticipated costs of our program. Thiswas up 8 per cent from last year becauseof new claims reports, deteriorating lossexperience and a higher CLIA premium.Although the surplus distribution tomembers was less than in 1999, at $232combined with a $300 credit from CLIA,we were able to set the net levy at $2436.

The actuaries also warned that if wecontinued with the previous formula forsurplus distribution, we will exhaust theexcess surplus within two years and facehigher levy increases in the followingyears.

For that reason, the benchers, uponrecommendation of the Insurance Commit-tee, decided upon a lower distribution nowas a strategy to try to stabilize the levyover the next few years. It was a difficultdecision for the benchers, who appreci-ated that there would be a financial burdenimposed on many practitioners. There wasalso, however, a keen awareness of eventsin other jurisdictions where insuranceprograms have failed or premiums haveincreased by multiples, and it was consid-ered to be in the best interests of themembership and the program to face thisincrease.

As a part of the information process, theInsurance Committee also emphasized tothe membership the importance of lossprevention, risk control and practicemanagement.

Ancillary business exclusionAlso as previewed last year, the InsuranceCommittee dealt with the exclusion ofclaims arising from members pursuingancillary business activities. This recom-mendation, and subsequent acceptance bythe benchers, was prompted by largeclaims made against the program where itwas alleged that lawyers in business oweda professional duty to investors who lostmoney invested through the lawyers’companies. This was considered to be ahigh risk that ought not to be borne by allprivate practitioners. The result is thatthere is no coverage for claims againstlawyers who provide legal services inrelation to their own non-law firm busi-ness. There will, however be coverage, forother lawyers in the law firm against whomthe claim has been made. The idea is toencourage lawyers who are engaged inbusiness with their clients to avoidproblems by referring business associates,customers and investors to other lawyersfor legal services relating to that business.In making the decision, the benchers alsoconsidered that the Code of ProfessionalConduct requires a lawyer to inform otherparties in any business relationship thatprofessional liability insurance coveringancillary business activities is not avail-able through the Law Society.

Other issuesTo deal with a chronic problem of latenessin payment of the insurance levy, thebenchers instituted a rule to permit thesecretary to order suspension of a memberupon default, or an automatic suspensionfor members still in default as of July 15of each year.

INSURANCE COMMITTEE

Volunteer CommitteeMembers

W. P. Sharek (C)D. A. McGillivray (VC)A. HepnerE. L. BunnellW. WillierS. L. CorbettWm. J. KennyR. D. MaxwellB. G. NemetzK. J. WarrenP. A. L. Smith, CLIAK. G. Nielsen, CLIAS. Brickett, ALIAM. Bayerle, ALIAC. Beatty, ALIAB. Little, ALIAT. Bozzer, ALIA

(Cont’d p.21)

THE LAW SOCIETY OF ALBERTA ANNUAL REPORT 2000

21

Upon the recommendation of the Insur-ance Committee, the benchers requestedthat CLIA remove the foreign law exclu-sion, section 3.3, from the Alberta manda-tory policy, which exclusion is accompa-nied by a warning to the membership thatdefending claims in foreign jurisdictionscould severely erode the policy limits andfirms practising foreign law shouldconsider purchasing excess insurance.

ConclusionIt was a privilege for me to chair thiscommittee for 2000. I can report to theLaw Society and its members that ALIA isconsidered a leader in legal professionalliability insurance across Canada. In avery significant way, this is directly theresult of the dedication, the expertise andthe hard work of our director of insurance,Sarah Brickett, and her staff. I extend tothem my sincere thanks for their coopera-tion, assistance and support.

by Francine Swanson, Q.C., chair

The restructuring plan for the librariescontinued with the recruitment of MonaPearce as senior manager in September2000 and the commencement of a businessplanning process to provide a frameworkfor focusing and advancing the libraries’resources and programmes over the nextfive years.

In October, the libraries’ new website waslaunched at http://www.lawlibrary.ab.ca.The site provides online access to thecatalogues of all 10 Law Society librariesand 16 legal reference libraries throughoutAlberta as well as links to other law librarycatalogues and primary sources of law.The site has been extremely successful;during the first four months following itslaunch, 37,081 visitors were recorded or anaverage of 306 visitors on a daily basis.The development and implementation ofthe website ($110,000) was funded by theAlberta Law Foundation (ALF) withtechnical infrastructure and assistanceprovided by Alberta Justice.

The Law Society of Alberta supported theestablishment of CANLII, a national virtuallaw library of primary Canadian legalmaterials. ALF played an important role insupporting this initiative by providingapproximately $50,000 in funding. Ms.Pearce is currently working with CANLIIto facilitate access to Alberta’s primary

legal materials for the project as well aswith other Canadian courthouse lawlibrarians to determine how they can play arole in supporting the project and provid-ing added value to its databases.

The past decade has been characterizedby corporate mergers and acquisitions inthe legal publishing industry reducingcompetition and leading to monopolistichigh pricing for legal publications. Thecost of maintaining law reports, digestsand loose-leaf text books has soared by 95per cent. Perhaps the largest environmen-tal factor is the emergence of the Internetand the proliferation of commercial andnon-commercial electronic legal informa-tion. This has increased the demand aswell as an expectation of speed in legalinformation access.

The libraries are funded from threesources: Alberta Justice which funds forstaff salaries and benefits as well build-ings, utilities and information technologyinfrastructure for all libraries; the AlbertaLaw Foundation funds collection develop-ment and maintenance ($761,000 in 2000);and the Law Society of Alberta whichprovides funding of a general nature forcollection development and maintenance,casual staff salaries, and other expenses.In 2000, the Society increased its fundinggrant from $240,000 to $500,000.

Volunteer CommitteeMembers

M.F. Swanson (C)J. McBean (VC)M.E. BryantB. McInnesA. NowackiK. ArbuckleD. SandersV.H. MyersA..B. (Porter) ChrenekP.L. Freeman, LSA

JOINT LIBRARY COMMITTEE

Insurance (cont’d)

ANNUAL REPORT 2000 THE LAW SOCIETY OF ALBERTA

22

by Cheryl Gottselig,Q.C., chair

During 2000, the Professional Responsibil-ity Committee reviewed and discussedmany ethical questions which were put tous by members. Those ethical questionswere complicated and varied:

1. Within the confines of our Code ofProfessional Conduct, what can a lawfirm properly call itself?

2. Should our Code contain an obligationon the part of lawyers to fully explorewith their clients all available options fordispute resolution?

3. What length of time should elapsebetween when a judge resigns or retiresfrom a court and when he or she maybegin to appear before those courts?

4. Should the Code be revised with regardto how the profession should deal withmedia comments?

5. Should insurance lawyers be allowed tosend accounts to third party billingauditors without the permission of theinsured?

Many of the other ethical inquires con-cerned confidentiality and solicitor/clientprivilege. The answers to many of thesequestions have or will be discussed by thePractice Advisor in The Advisory orthrough Ethically Speaking articles.

The number and complexity of the inquir-ies made during 2000 caused us to deliber-ate on whether our Code of ProfessionalConduct which became effective January1, 1995, should be examined in detailbecause of the changes which we haveexperienced in the last five years. As aresult, the benchers approved the forma-tion of a subcommittee of the ProfessionalResponsibility Committee to examine indepth the Code of Professional Conduct.

That committee will immediately consider,among other things, the following matters:

a) comments by the profession to themedia;

b) fee splitting and referrals;

c) e-commerce and confidential electroniccommunication; and

d) Ethics 2000 Report and Recommenda-tions.

This subcommittee will report back to theProfessional Responsibility Committeewith regard to any proposed changes tothe Code of Professional Conduct.

Martin Kay, Q.C. is chair of a Joint Sub-Committee of Professional Responsibilityand the Corporate and Commercial Advi-sory Committee that is considering theissue of confidentiality agreements. Theissue revolves around the requests thatare being made to lawyers by accountingfirms to sign confidentiality agreementsintended to prevent the lawyers fromdisclosing the legal concepts and struc-tures underlining the tax plans supposedlydeveloped and being promoted by theaccounting firms. This joint subcommitteewill be reporting back and the matter willbe fully discussed by the benchers at aconvocation. The results of that delibera-tion will be communicated to the profes-sion.

The ethical problems presented to thecommittee were varied and intricate andrequired very serious deliberation. I wouldlike to thank each committee member forthe many hours which we spent thor-oughly discussing each of the issues.Barry Vogel, Q.C. and Paul McLaughlinwere always there to provide us with theirguidance attained through many years ofexperience. Finally, I would like to thankJennifer Rothery, who organized thevolumes of paper which were requiredreading for each of the meetings.

Volunteer CommitteeMembers

C.C. Gottselig (C)C. Gardner (VC)K. NielsenR. RustonG. BowkerD. DenisR. EverardL. Irwin.L. MacLeanD. McDonaldS. RabyB. Vogel, LSAP. McLaughlin, LSAV. Blaine, LSAJ. Rothery, LSAL. MacDonald, LSAI. MacEachern, LSA

PROFESSIONAL RESPONSIBILITY

COMMITTEE

Code Sub Sommittee

Charles Gardner (C)Allan FieldingLois MacLeanBart RosboroughCheryl GottseligPaul McLaughlin, LSABarry Vogel, LSA

THE LAW SOCIETY OF ALBERTA ANNUAL REPORT 2000

23

by John Bascom, Q.C., chair

The strength of the Practice ReviewCommittee lies in the early identification ofmembers at risk. To make this earlyidentification, Practice Review reliesheavily on individuals who come intocontact with members in their day-to-daybusiness. Many members we work withare sole practitioners, practising in isola-tion, whose only contact with othermembers of the legal profession is at court.Once identified, a three member panel ofthe committee is assigned to review themember’s practice history and then tocontact the member. Practice Review is avery hands-on process, with ongoingcontact and interaction between a memberand the panel for as long as circumstanceswarrant. When necessary, Practice Reviewwill even arrange for a practice review teamto visit the member’s office, at no cost tothe member, for a full day to assist themember in identifying the needs of thepractice. Only one formal review wasconducted in 2000 as the members we metand worked with were very forthright intheir communications with us and inidentifying for themselves what was goingon with their practices and where theymight need some assistance.

2000 was a very busy year. 94 new fileswere opened, 47 of which remained openat year’s end, along with an additional 142that remain open from previous years.Close to 95 per cent of the membersrepresented by these files were involvedwith Practice Review on a voluntary basis.Regardless of how the member comes intocontact with Practice Review, the commit-tee’s mandate remains remedial and notpunitive. We believe that each of uswants to provide the best service possibleto our clients and the public and, with alittle help from time to time, we believe wecan all do that.

The most frequent concerns dealt with bythe committee included practice manage-ment issues, insurance files, health andstress, financial concerns, and feelings ofisolation from the rest of the profession.

An expansion of the services provided byPractice Review is being considered inresponse to concerns identified by thecommittee and the members. One of themost exciting of those topics is thedevelopment of a peer support programwhich would provide for the matching oflawyers with more senior mentors, prima-rily to address issues of life and practice,rather than legal questions. Another topicis interim funding for a member whorequires medical attention or treatment thatis not covered by existing health careprograms to assist that member in remain-ing in or returning to practice. Thebenchers established a small fund toaddress this need in late November and weare working on the qualification criteria foraccessing these funds on a temporarybasis. A third is the retirement trends ofthe profession. Most of us may not wantto think about the fact that many of us areapproaching that time in our lives but theclock continues to tick.

Throughout the year 2000, the PracticeReview Committee was fortunate to havethe cooperation of many other depart-ments within the Law Society who wereinvaluable in the early detection process. Iwish to thank the individuals within thosedepartments for their continued support ofPractice Review. In addition, I would liketo thank Barbara Cooper, Merry Rogersand Vicky Blaine for their support, motiva-tion, and willingness to bring balance tothe very busy lives of the committeemembers. I thank them , I thank thecommittee members, and I thank you, theprofession, for your continued support ofthe work of Practice Review.

PRACTICE REVIEW COMMITTEE

Volunteer CommitteeMembers

J. D. BascomR. K. RustonL. A. AndersonM. T. DuckettC. D. GardnerC. C. GottseligA. HepnerB. E. MahoneyJ. M. McBeanD. A. McGillivrayK. G. NielsenW. P. SharekY. A. StanfordE. L. BunnellW. WillierF. BosschaE. L. BunnellB. Churchill-SmithS. R. CreaghP. J. DavisR. DutchakB. R. EdeF. R. FenwickP. G. ListerR. A. PhilpD. Thompson, LSAB. Cooper, LSAM. Rogers, LSAV. Blaine, LSA

ANNUAL REPORT 2000 THE LAW SOCIETY OF ALBERTA

24

by Hugh Sommerville, Q.C., chair

The Law Society of Alberta is responsiblefor ensuring that people receiving servicesfrom lawyers are protected by the highstandards of education, ethics andfinancial protection maintained by theSociety. The primary purpose of theUnauthorized Practice of Law Committee isto receive and review complaints regardingindividuals or entities appearing toprovide legal services without the properauthorization or expertise.

2000 has been a very busy year for thiscommittee in general. During 2000 thecommittee continued to scrutinize the workof paralegals. The “vetting” committee ofthe main committee reviewed nine files andthe committee as a whole continues tomonitor 15 active files, including a coupleof ongoing prosecutions. No new pros-ecutions were necessary and we havebeen careful to select only strong casesfor prosecution. Warning letters andvisitations have proven useful alternativesto prosecution.

The Law Society of Alberta continues tomonitor the decision in the Law Society ofBritish Columbia v. Mangat andWestcoast Immigration Consultants Ltd.The Law Society of British Columbia hasreceived leave to appeal to the SupremeCourt of Canada. In interpreting theprovisions of the Legal Profession Act ofBritish Columbia, as well as the Immigra-tion Act of Canada, the B.C. Court ofAppeal overturned an injunction grantedby the B.C. Supreme Court under the LegalProfession Act prohibiting non-lawyersfrom appearing before the ImmigrationTribunal of Canada. The prohibitions inthe provincial Legal Profession Act didnot apply to prevent non-lawyer agentsfrom appearing under the authority of afederal statute due to the doctrine ofparamountcy. The Supreme Court ofCanada’s ruling may well affect our abilityto act where agents deliver legal servicesunder other federal statutes.

Under some of the existing statutes ofAlberta, the Society has difficulty pro-ceeding against paralegal or individualswhom we perceive to be practising in anunauthorized fashion, as these statutesallows representation by agent. A furtherdifficulty is that often the committee doesnot have sufficient evidence to proceedunless the client of a paralegal communi-cates with the committee.

The committee communicated with themembership via an Advisory article,updating them on the committee’s activi-ties and requesting that any concerns bebrought forward to the committee.

In June the Benchers approved “Lawyers& Legal Agents/Paralegal/Legal Assist-ants - There is a difference,” a brochuredeveloped by this committee to outline theconsumer issues associated with usingunauthorized legal services providers andhighlight the benefits of using a lawyer.The brochure was subsequently printedand distributed to all members. Mysincere thanks to Lillian MacPherson andMona Duckett for their significant work onthis brochure.

I would like to thank all of the members ofthis committee for their contributions. Ialso extend my thanks to Jim McLeod andHelene Ward who made our work mucheasier. The work of Steve Bach and GregBusch who investigated many of thematters is also acknowledged.

Volunteer CommitteeMembers

H. D. Sommerville (C)C. G. Gardner (VC)M. T. DuckettY. A. StanfordD. J. KissL. K. McLellanJ. D. PhillipsC. C. RobbJ. D. McLeod, LSAL. MacDonald, LSAH. Ward, LSAJ. Stoliker, LSA

UNAUTHORIZED PRACTICE OF LAW

THE LAW SOCIETY OF ALBERTA ANNUAL REPORT 2000

25

THE LAW SOCIETY OF ALBERTACONDENSED FINANCIAL STATEMENTS

OCTOBER 31, 2000

To the Members of the Law Society of Alberta:

We have audited the financial statements of the Law Society of Alberta as at October 31, 2000 in accordancewith Canadian generally accepted auditing standards and expressed an unqualified opinion on these financialstatements in our report dated December 15, 2000.

In our opinion, the information expressed in the attached condensed balance sheet and condensed financialstatement of revenue, expenses and fund balance is consistent with the above mentioned financial statementsfrom which it was derived.

PRICEWATERHOUSECOOPERS LLPCHARTERED ACCOUNTANTSDECEMBER 15, 2000

Auditors’ Report

A copy of the complete financial report is available by writing to Steven Dyer, Treasurer, The Law Society ofAlberta, #600, 919 - 11th Avenue SW, Calgary, Alberta T2R 1P3, or by e-mail [email protected].

ANNUAL REPORT 2000 THE LAW SOCIETY OF ALBERTA

26

2000 1999

ASSETS $ $Investments 8,661 8,487Current 2,557 2,238Capital assets 389 521Trust assests 333 292

11,940 11,538

LIABILITIES & FUND BALANCE

Contingency reserve 6,169 6,056Unrestricted fund 2,732 2,391Reserve for claims 804 877Scholarship reserve 726 681Current liabilities 687 636Deferred rent 489 605Trust liabilities 333 292

11,940 11,538

THE LAW SOCIETY OF ALBERTACONDENSED STATEMENT OF REVENUE, EXPENSES AND FUND BALANCE

YEAR ENDED OCTOBER 31, 2000

(1,000’s of dollars)

2000 1999 $ $

Revenue 8,781 7,579Expenses 8,282 7,609

Excess (deficiency) of revenue over expenses for the year 499 (30)Fund balance, beginning of year 9,128 9,158Funds withdrawn from (allocated to) contingency reserve (113) 195

Fund balance, end of year $9,627 $9,128

THE LAW SOCIETY OF ALBERTACONDENSED BALANCE SHEET

OCTOBER 31, 2000

(1,000’s of dollars)

THE LAW SOCIETY OF ALBERTA ANNUAL REPORT 2000

27

SOURCES OF REVENUE

2000

Annual Fees 5,718,042 65%Assurance levy 608,010 7%Professional corporations 226,606 3%Investment income 1,165,508 13%Bar admission 398,256 4%Other 664,338 8%

Total 8,780,760 100%

EXPENSE DISTRIBUTION, 2000

General administration 4,510,041 54%Governance and discipline 966,529 12%Grants and contributions 753,405 9%Premises 641,161 8%Bar admission course 572,633 7%Review of trust accounts 564,653 7%Other 255,655 3%Provision for claims 17,305 0%

Total 8,281,382 100%

ANNUAL REPORT 2000 THE LAW SOCIETY OF ALBERTA

28

ALBERTA LAWYERS INSURANCE ASSOCIATIONCONDENSED FINANCIAL STATEMENTS

OCTOBER 31, 2000

To the Directors of the Alberta Lawyers Insurance Association:

We have audited the financial statements of the Alberta Lawyers Insurance Association as at October 31, 2000in accordance with Canadian generally accepted auditing standards and expressed an unqualified opinion onthese financial statements in our report dated December 15, 2000.

In our opinion, the information expressed in the attached condensed balance sheet and condensed statementof revenue, expenses and net assets is consistent with the above mentioned financial statements from which itwas derived.

PRICEWATERHOUSECOOPERS LLPCHARTERED ACCOUNTANTSDECEMBER 15, 2000

Auditors’ Report

A copy of the complete financial report is available by writing to Steven Dyer, Treasurer, The Law Society ofAlberta, #600, 919 - 11th Avenue SW, Calgary, Alberta T2R 1P3, or by e-mail [email protected].

THE LAW SOCIETY OF ALBERTA ANNUAL REPORT 2000

29

ALBERTA LAWYERS INSURANCE ASSOCIATIONCONDENSED BALANCE SHEET

YEAR ENDED OCTOBER 31, 2000(1,000’s of dollars)

2000 1999

ASSETS $ $

Current 4,505 2,896 Investments 44,952 42,539 Capital assets 22 34

49,479 45,469

LIABILITIES AND NET ASSETS

Current liabilities 5,493 4,499 Reserve for claims and related costs 30,579 25,617 Net assets (unrestricted) 13,407 15,353

49,479 45,469

ALBERTA LAWYERS INSURANCE ASSOCIATIONCONDENSED STATEMENT OF REVENUE, EXPENSES AND NET ASSETS

YEAR ENDED OCTOBER 31, 2000(1,000’s of dollars)

2000 1999

Revenue $ $

Annual levy 10,437 10,464 Investment income 5,089 3,188

15,526 13,652

Expenses 17,472 17,233

Excess of revenue over expenses for the year (1,946) (3,581)

Net assets, beginning of year 15,353 18,934

Net assests, end of year 13,407 15,353

Alberta RegistriesLiaison

S. Raby (C)J. DunphyL. IrwinS. MirthR. NielsenC. RappD. StrattonP. Freeman, LSA

Alberta ConveyancingAdvisory CommitteeJ. Dunphy (C)S. MirthL. IrwinP. BishopC. WarrenR. ThiessenS. ShaversH. BonnycastleL. EccelstonS. RabyD. HomerG. KaskiwP. SmithL. WrightT. McCafferyD. Thompson, LSAP. Freeman, LSAS. Billington, LSA

Ancillary Business& MultidisciplinaryPracticeK. Nielsen (C)G. FlynnN. PicardJ. TopolniskiE. JohnsonB. SnowdonC. PetersonW. H. SmithJ. P. WarnerP. BourqueP. Freeman (LSA)S.Billington (LSA)

Civility InitiativeSteering CommitteeA. Macleod (C)

J. BascomM. DuckettB. VogelP. McLaughlinMadam Justice C. L. KennyR. LaingProf. J. C. LevyE. McAvityG. PriceH. RobertsonB. Stothert-Kennedy

Claims CommitteeD. BoyerJ. BrumlikE. MacklinD. A. McGillivrayA. G. McKayS. L. MillerK. G. NielsenG. K. RandallG. F. ScottP. A. L. SmithD. StokesS. Brickett, LSA

Code Committeere Firm NamesE. MacklinG. FlynnC. GottseligB. VogelD. Thompson, LSA

DisclosureSubcommitteeK. Nielsen (C)A. MacleodE. MacklinA. FriendL. MacDonald, LSAD. Guenter, LSAT. Caisse, LSAS. Brickett, LSAJ. Macleod, LSA

Distinguished ServiceAward SubcommitteeA. YoungR. RustonM. Taylor

Election Rules ReviewE. Macklin (C)A. FieldingD. Thompson, LSA

External ReviewCommitteeVarious judges on a caseby case basis

Legal Aid GovernanceL. AndersonP. SharekN. DunneJ. RobbP. PurdonJ. Wiebe

Legal Aid NegotiatingS. Renouf (C)J. BascomM. DuckettR. O’GormanM. Taylor

Pro Bono CommitteeR. K. Ruston (C)A. D. Fielding (VC)M. T. DuckettJ. M. McBeanT. McGregorA. D. HunterE. H. MolstadP. Freeman, LSAS. Billington, LSA

Pro Bono SubcommitteeR. K. RustonJ. M. McBeanT. McGregorM. T. DuckettP. Freeman, LSAS. Billington, LSA

Regulation of LawFirms Task ForceA. Macleod (C)E. MacklinK. NielsenP. SharekY. StanfordC. GottseligJ. ThrasherP. Freeman, LSAD. Thompson, LSAD. Guenter, LSA

SpecializationJ. D. Bascom (C)N. F. Wm. Picard (VC)L. G. AndreachukS. D. HillierH. A. RobertsonR. CarterM. Naber-SykesP. Freeman, LSA

Substance Abuse AdHoc Com.Members of:Assist ProgramInsurance CommitteePractice Review CommitteeB.Vogel, LSAB. Cooper, LSA

Committee to DiscussPropriety of BenevolentFundN. Picard (C)J. BascomM. TaylorJ. McBeanA. MacKenzie, LSA

Foreign LawConsultants & TheirRegulationsSubcommitteeA. FriendJ. Topolniski

2000 AD HOC COMMITTEES

Advisory Committee on Judicial Appointments ForAlberta*K. G. Nielsen

Alberta Business Corporations Act*A. J. Hladyshevsky

Alberta Law Foundation*A. L. FriendJ. D. Steele

Alberta Law Reform Institute*A. D. Macleod

Canadian Bar Association, Alberta - Access to JusticeE. L. Bunnell

Canadian Bar Association -AlbertaA. D. MacleodE. F. Macklin

Canadian Institute of Resource Law*M. F. Swanson

Canadian Research Institute for Law & Family*W. Best

Canadian Lawyers Insurance AssociationP. A. L. SmithW. P. SharekK. G. Nielsen

Corporate Counsel - Pro Bono InitiativeM. F. Swanson

Editorial Board/CBA NewsletterA. MacKenzie, LSAB. E. Mahoney

Federation of Law Societies of CanadaA. D. MacleodE. F. MacklinP. J. Royal

Federation Legal Aid CommitteeB. E. Mahoney

Federation National Multidisciplinary PartnershipsCommitteeG. Flynn

Federation National Committee on AccreditationD. Thompson, LSA

General Anti-Avoidance Rule (GAAR)*Vacant

2000 SPECIAL COMMITTEES &REPRESENTATIVES TO OTHER BODIES*Nominees requested by outside source

Joint Committee with College of Physiciansand SurgeonsA. L. Friend (C)B. E. DevlinV. A. EngelB. J. LarbalestierP. L. Freeman, LSA

Judicial Liaison CommitteeE. F. Macklin

Law Faculty CouncilA. HepnerN. F. Wm. Picard

Legal Aid Society of AlbertaL. G. AndersonB. E. Mahoney

Legal Aid Governance CommitteeL. G. AndersonP. Sharek

Legal Education Society of AlbertaS. RenoufD. Thompson, LSA

Legislative Review Committee (CBA)*E. (Sonny) Mirth

Notaries Public Review Committee*I. B. Kay

PronetP. L. Freeman, LSA

Provincial Judicial CouncilA. D. Macleod

Rules of Court CommitteeE. F. MacklinE. L. Bunnell

Tax Consultative Group*D. R. Sommerfeldt

Uniform Law Conference of Canada*N. C. Wittmann

Viscount Bennett Scholarship CommitteeA. D. MacleodE. F. MacklinS. RenoufM. WylieL. KlarP. L. Freeman, LSA

Main Switchboard 229-47001 (800) 661-9003 (toll free)

FAX 228-1728

Edmonton Office 429-3343 (Edmonton)1 (800) 272-8839 (toll free)

President’s Office 229-4700 (Calgary)1 (800) 661-9003

Office of the Practice Advisor

Barry Vogel, Q.C., Practice Advisor 229-4714 (Calgary)1-800-661-2135 (toll free)

Paul McLaughlin, Practice Management Advisor 429-3343 (Edmonton)1-800-272-8839 (toll free)

Mentor Program 429-3343 (Edmonton)1 (800) 272-8839 (toll free)

Conduct Matters 229-4700 (Calgary)1 (800) 661-9003 (toll free)

Alberta Lawyers Insurance Association 229-4716 (Calgary)1 (800) 661-1694 (toll free)

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Professional Corporations and Assurance 229-4711 (Calgary)1 (800) 661-9003 (toll free)

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Lawyer Referral Service 228-1722 (Calgary)1 (800) 661-1095 (toll free)

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For all other enquiries please contact the main switchboard in Calgary.

ASSIST Program(Your call will be answered by Kelly, Luttmer & Associates, an independent counselling office)

Calgary, 237-8880 Red Deer & South 1-800-461-8908Edmonton, 448-0628 Red Deer & North 1-800-782-5457

THE LAW SOCIETY OF ALBERTACalgary Office:Red Deer & South

#600, 919 - 11th Avenue S.W.Calgary, Alberta T2R 1P3

Telephone: 229-4700 (Calgary) or1 (800) 661-9003 (toll free)

Fax: 1 (403) 228-1728

Edmonton Office

Scotia Place Tower 2201, 10060 Jasper Avenue

Edmonton, Alberta T5J 3R8Telephone: 429-3343 (Edmonton) or

1 (800) 272-8839 (toll free)Fax: 1 (403) 424-1620

www.lawsocietyalberta.com