Conflicts of Interests from a Client’s Perspectivelawcourtscenter.camp7.org/Resources/Documents/Law Courts Cente… · engage to be devoted to pursuing their interests to the exclusion

Published by Law Courts Center and the Canadian Paralegal Institute JULY/AUGUST 2014

Business people, non-lawyers, do notunderstand legal

conflicts of interests, nor dothey care much about them.What they do understand andcare about, though, is loyaltyfrom their legal serviceprovider. The Supreme Courtof Canada said in McKercherthat a lawyer’s duty of loyaltyhas three dimensions – a dutyto avoid conflicting interests,a duty of commitment to theclient’s cause and a duty ofcandour.

While clients may notunderstand what amounts to alegal conflict of interest (theysee it as a question analogousto how many angels can danceon the head of a pin), theyunderstand commitment andcandour. In particular, clientsexpect the lawyers that theyengage to be devoted topursuing their interests to theexclusion of all else, includingthe interests of other clients orthe lawyer’s own self-interest.Furthermore, clients care

deeply about how thedecisions made by the lawfirms that they engage affecttheir clients’ business and thebottom line.

As you know, law is aprofession but it is also abusiness and hopefully, abusiness that generates repeatbusiness. So, in applying andinterpreting conflicts ofinterest rules, and decidingwhether or not to exercisediscretion you have as towhether you accept a retainerthat affects the interests of acurrent or past client, I urgeyou to consider the questionfrom your client’s perspective.Is the decision one that willdemonstrate your continuingloyalty to that client and thatclient’s business success, or isit one that is likely to erodethat loyalty and reinforce thestereotype of lawyers as hiredguns who will accept anyretainer that brings dollars intothe firm?

Let me give you an example. Iused to work for a large public

utility in BC. We had onelarge law firm which we hadused for all of our regulatorywork as well as some tax andlitigation files since 1989. Itwas a full service law firm –an excellent firm in manyrespects. We could have usedthat firm for all of our externallegal services should we wishto do so. But we did not. Fortwo reasons.

The first was our company’sbelief that we must strive tohire the best lawyer for the filehaving regard to the size andcomplexity of the matter, andwe all know that lawyers arenot uniform and do notnecessarily reside in one firm.The second was that the firmhad demonstrated to us overthe course of our relationshipthat it was not truly committedto our cause as a client, whichis to grow value in ourbusiness year after year forour shareholders.

How did we come to thatconclusion? By the firmchoosing to act time and timeagain for large industrial

customers in insolvencyproceedings which left us, theutility, holding the bag forlarge unpaid utility bills whilethose industrial customerstried to work themselves outof their insolvencies.

From the law firm’sperspective, that decision maybe justifiable in that there wasno immediate legal conflict ofinterest since we had notretained the firm to act on theinsolvency file. The fact ofthe matter is that we had noadvance notice of theimpending insolvency – if wehad known or suspectedotherwise, we would havetaken steps to recover on thedebt or terminate the utilitycontract before the insolvency.Also, from the firm’sperspective, asking for ourconsent to act would havebeen impossible to do sincethat would give us notice ofthe customer’s impending insolvency and allow us totake proactive steps to protectour interest to the detriment of

(continued on page 2)

w w w . l a w c o u r t s c e n t e r . c o mAugust 12 MVA Active Rehabilitation Workshop 101August 13 Part 7 Benefits 101August 22 Drafting Applications Workshop 101Sept 9 Lecture: Human Rights 101 Part 1Sept 13 Chambers Application Procedures 101Sept 15 Trust Accounting 101 In-person or WebinarSept 25 Annual Paralegal & Support Staff ConferenceOctober 10 Mediation for Solicitors 101October 14 Lecture: Human Rights 101 Part 2Nov 14, 21 Civil Litigation 102

Conflicts of Interests from a Client’s Perspective

Register now for the Annual Paralegal & Support Staff Conference

While each soft-tissue injury is unique, there are standards that parties should be alive to. For the

injured party and their counsel, to determine what is the best course of action to take on order to

mitigate their injuries. For insurance companies and their counsel, to determine what are the cost

effective solutions that they should authorize to get the most out of rehabilitation costs.

SCHEDULE FOR AUGUST 12 2014 (9:00 AM TO 3:00 PM)

Law Courts Center

MVA Active Rehabilitation 101 – Understanding Soft Tissue Injuries

Registration: WWW.LAWCOURTSCENTER.COM

Course Fees: (handouts and GST 128573300 included) q Single Seat $262.50

q Multi-Seat and Amici Curiae Group Rate $236.25

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LOCATION Law Courts Center Suite 150-840 Howe St Vancouver BC V6Z 2L2

CONTINUING PROFESSIONAL DEVELOPMENT CPD REPORTINGThis course is an elective in Canadian Paralegal Institute’s Qualified Paralegal Program in Civil Litigation.For your mandatory reporting of CPD hours, this course is 5.0 hours with 0.0 hours devoted to professionalresponsibility and ethics, and client relations. A Certificate of Completion is issued to you, if you earn at least 70% ofthe course requisites.

FACILITATORS:

CAT LOWE, BHK Kinesiologist

DOM BAUTISTA Law Courts Center Executive Director

MVA Active Rehabilitation (MAR 101)

Understanding Soft Tissue InjuriesThese are learning outcomes for this course:

At the conclusion of this course, including the completion of all pre, in-class and post-course work, the participants should be able tocompetently:1. Learn about principles of active rehabilitation as it applies to soft-tissue injuries;

2. Identify what the musculoskeletal areas that should be the focus of assessments;

3. Using normative values understand what the appropriate amount of rehabilitation exercises should be;

4. Identify what makes for an effective initial assessment report; and5. Develop best practices to mitigate injuries or to maximize rehabilitation costs.

Law Courts Center150-840 Howe Street, Vancouver, BC Canada V6Z 2L2

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(continued from page 1) the new proposed client(although I do noteparenthetically that theMcKercher case would saythat where seeking expressconsent from a current clientto avoid a conflict isimpossible, the firm isprecluded from acting).However, the firm’s unilateraldecision to act in favour of theinsolvent in such caseseffectively foreclosed us fromeven considering retaining ourusual firm to protect ourinterests.

While we understood therationale for the firm’sdecision, it demonstrated to usa deliberate choice by the firmto prefer the insolvent clientover us, the existing utilityclient, since the firm knows alltoo well the impact thatinsolvency proceedings haveon the utility’s ability toterminate existingarrangements or take action tocollect the debt. In short, fromour perspective, the firm isbeing disloyal to us from abusiness perspective.

Did this irk us as a continuingclient? Yes. Did we expressour concerns to the firm? Yes.Did the firm do anythingdifferently as a result? No.Did that make us feel more

inclined to use that firm formore legal work in the future?I leave you to answer thatquestion.

You may ask why we did nottake steps then to disqualifythe firm from acting againstus. The simple answer is thatit would not have been a goodbusiness decision for us tospend our limited resources todisqualify our law firm fromacting against us. On anindividual file basis, it wasnot important enough for usand there was just not enoughat stake financially to make alegal issue out of this. Wevalued the long termrelationship we had with thefirm and more particularly,with our responsible lawyer atthe firm. We thought theworld of him. To force hislaw firm to stop acting in suchmatters would have created awedge between him and hispartners in the insolvencygroup. So, out of our respectfor him, we did not take stepsto disqualify his firm fromacting against us even if wehad legal grounds to do so. So, I leave you to ponder thisquestion that was raised bythe court in CNR v.McKercher – in the context ofa lawyer / client relationshipthat has lasted for decadesand generated millions of

dollars of legal fees for thelaw firm, is this an example ofan “unreasonable expectationof the client that the lawyer orthe law firm will not actagainst it in unrelatedmatters”?

This “unreasonableexpectation” was cited by theSupreme Court of Canada asan exception to the bright linerule’s application. In short,the Court said that the brightline rule may not apply toentities such as governmentsor institutional clients likebanks which may frequentlybe involved in litigation anduse a variety of firms for suchmatters such that theirconsent to firms acting forand against them from time totime can be inferred. Theseentities are what the Courtconsiders to be amongst theclass of “professionallitigants”.

Like Mr. Justice Ledoin, I amnot a Supreme Court ofCanada jurist but this is whereI differ from the Court. Frommy experience with largecorporate clients, nosuccessful business relies onlitigation as a money makingstrategy. Rather, clients aredragged kicking andscreaming into litigation oftenbecause they have no otherway to exercise, defend orenforce their legal rights.They are only there becausethere is no other viableoption, so to say thatgovernmental or institutionalclients are not deserving ofthe protection of the brightline rule simply because theyare large and they are used todealing with a multitude oflawyers (not necessarilybecause they want to but haveto because of the conflictsrules that lawyers themselves

Conflicts of Interests from a Client’s Perspective2 E T H I C S

have created) is simplywrong, in my respectful view.

Let me now turn to a secondquestion that you may ask:what about the risk of clientsusing the bright line rule“tactically” to deliberatelydisqualify lawyers and lawfirms from acting againstthem, presumably inimportant cases since it wouldonly be worthwhile to do sowhere there is a lot at stake? Ican say that in 20 years ofpractice as in-house counselfor three different companies,and as a past director andpresident of the CanadianCorporate CounselAssociation which has morethan 4,000 members, I havenever personally used thattactic nor have any of mycorporate counsel colleaguesever shared with me that theyhave engaged in that tactic.Which is not to say that it isnever done or will never bedone by unscrupulous clients.However, it is personallymorally repugnant for me toadvocate to my employer thatwe ought to engage in suchtactics simply to gain alitigation advantage over theopposing party. I say thatbecause I believe if ourcompany did not seriouslyintend to engage in a retainerwith a law firm to protect ourinterests, but did so only toprevent other parties fromengaging them, the companywould not acting in goodfaith, even if it is not legallywrong. Yes, this may be hardto believe but even in thebusiness world, good faith isan expected value.!

The second half ofTimberWest Forest Corpcounsel Anna Fung QC‘sspeech will appear nextmonth.

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Supple leatherbrief cases perfect for chambers, mediations ortrials!

L AW C O U R T S C E N T E R

AMICI CURIAE LECTURE SERIESSeptember to November 2014

Held every second Tuesday of each month

RATES: (any materials will be provided electronically and taxes included) GST R128573300q Single Seat Rate (limited to 30 seats): $ 52.50q Webinar License Per Person: $ 52.50q Amici Curaie Pro Bono Paralegal Volunteers and Mentees Free

REGISTER HERE: www.lawcourtscenter.com

Law Courts Center 150-840 Howe Street, Vancouver, BC Canada V6Z 2L2 1403

A lecture series devoted entirely to looking for ways to work with Self-Represented Litigants

Much has written about how the high cost of litigation has caused a number of people to opt to representthemselves. A review of the annual reports of the courts in British Columbia attests to the increasingnumber of self-represented litigants (SRLs). Stakeholders feel that this trend is a cause for concern. Having themselves is not a phenomenom anymore: they are here to stay. Perhaps the time has come to considerworking with SRLs. Working with SRLs, who often do not have the years of education, knowledge of thesystem, and experience in the field of law, requires the adoption of many best practices. And that is theobject of this lecture series.

BC Human Rights Tribunals and the SRL (Part 1) September 9, 2014In Part 1 of her lectures, Lindsay Waddell, counsel with Community Legal Assistance Society, will discussgetting the process started (this session would encompass how the human rights system works in BC andhow to help complainants get started in filing a complaint).

BC Human Rights Tribunals and the SRL (Part 2) October 14, 2014In Part 2 of her lectures, Lindsay Waddell, counsel with Community Legal Assistance Society, will discussassisting parties with applications to dismiss and other procedures before the Tribunal (building upon theprevious session, this talk will focus on assisting people with applications to dismiss, applications forproduction of documents and or other common applications).

Over and Out: Assisting Tenants & Landlords with Evictions November 18, 2014

How can a landlord evict a residential tenant? What can a residential tenant do to challenge an evictionnotice? Apart from evicting a tenant, are there any other ways to end a residential tenancy early? In thisseminar, Lisa Mackie, associate with Alexander Holburn Beaudin + Lang LLP, will review evictionprocedures and proceedings under the Residential Tenancy Act.

Each lecture for Human Rights and Residential Tenancy Act provides:

CPD 1 hour including 0 hours for professional responsibility and client relations.

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Imagine you are in a protracted negotiationover a deal with someone

from another culture. Thisperson may say "we will consider that", "we will haveto think that over" when whatthey mean is "no".

You have negotiated a term,received (you suppose)acknowledgement that isagreed, only to find that laterthe other side seeks to re-openthe discussion of that term.Your negotiating partner maysimply stall the negotiationsto obtain a perceived advan-tage. Furious, you stalk out,or pull you hair out, or runscreaming from the room.

Or, two men start a companywhich does well. They start asecond and third companyand those are profitable too.After some time, questionsabout line of authority,expenses, re-investment anddivision of profit arise. Thepartners are working togetherrunning the companies, butthe relationship is showingstrain.

How can mediation help?There is a relatively newapproach being taken bysome. That is to use "dealmediation" during the initialnegotiation stage of contractdiscussions.

Deal mediation has a numberof differences from litigationmediation. Typically litigationhas not commenced and theremay be no formal disputebetween the parties. The parties may be unrepresented.There may already be a com-mercial relationship betweenthem or a desire to create one.

However, a deal mediator canbe of assistance in the sameway a mediator can assist inresolving litigation, by usingsimilar techniques like:

• separating the people fromthe problem;• identifying interests andseparating them from positions;• expanding the pie andthinking creatively; or• focussing on objective criteria.

The differences betweenmediating a litigated matterand a deal are quite signifi-cant and may make the use of a mediator even more important. Mediating a litigated matter often eventually comes down toreaching an agreement on amonetary amount. Deals onthe other hand often containmany different factors andmay be very complex.

The best alternative to a negotiated agreement in amediated litigation mattermay be the outcome in court.In a deal mediation the out-come of a failed negotiationis likely to be the partieswalking away from the deal.

Finally, a mediated resolutionto a court case usually endsthe matter; in a resolved dealthe parties are frequently atthe beginning of a relation-ship.

How Deal Mediators CanHelp

1. A neutral third party iscrucialThe deal mediator is a neutraland independent third party.In any negotiation, agents orcounsel for a party are sub-

3 D I S P U T E R E S O L U T I O N

Introduction to Deal Mediation for Solicitorsject to influences from whicha mediator is free of. The par-ties can place their trust inthe mediator and therefore inthe process. the mediator isfree to facilitate communica-tion, identify interests,exploreoptions, think creatively andmanage expectations.

2. Relationship buildingIn deal mediation the partiesare usually at the early stageof a relationship. The media-tor can assist the parties byhelping them to build a relationship which can carryforward to parties' mutualadvantage. This may involvetrust-building exercises,working on communicationand cultural differences andmay continue indefinitely.

3. Ongoing mediation as theparties work togetherLitigated mediation typicallyoccurs as the parties areengaged in a dispute. A successfully concluded mediation will usually markthe end of the relationship. Adeal mediator can be usefulin helping the parties worktogether and work throughdifferences that might otherwise tear them apart, or produce a dysfunctionalrelationship.

4. Managing different negotiating stylesNegotiators come with any one of a variety ofapproaches. The “hard” bargainer is aggressive and confrontational and determines success by whatconcessions he obtains fromacross the table. The “soft”bargainer may not have anappetite for the contest andmy take the view that oneentirely reasonable offer is

all that is necessary. The“cooperative” or “interest-based” bargainer recognizesthat parties have interestswhich must be addressed inorder to reach a consensus.

The mediator can assist thenegotiators to mesh theirstyles in ways that allow a deal to be attained evenwhen the approaches takenappear incompatible.

5. Dealing with cross-cul-tural issuesCultural differences canexpress themselves immediately and obviously orthey may be more subtle.Cultural differences maymean that one side to a negotiation is perceived asrude or disrespectfully theother. These differences canlead not only to failed negoti-ation but resentment andanger. A mediator can assistthe parties by reducing theeffect of differences and by"translating" style and cultureas well as the language used.

Deal mediators can be oftremendous assistance to parties attempting to reachagreements from which theyboth stand to gain. Mediatorscan help deal with style andcultural differences and, asthe complexity and numbersof parties increase, may bealmost indispensible. Theycan continue to be involvedwith the parties after a deal isnegotiated and can assistthem to work through diffi-culties which may present asthe parties develop a workingrelationship. !

Mr. Brian Gibbard LLB leadsMediation for Solicitors onOctober 10, 2014.

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Solicitors spend much of their time in negotiations. In this course, the application of mediation to theirpractices will be explored including the ethical considerations involved. They will be introduced to

various forms of dispute resolution with a particular emphasis on "deal mediation". Negotiation theorywill be introduced and participants will have opportunities to explore different styles of negotiation.

At the end of this course, you should be able to::a. Identify the different types of mediation

b. Describe the use of mediation under "without conflict" situations

c. Identify the types of conflict where ADR appropriate

d. Describe how mediation works

e. Describe how arbitration works

f. Discuss the ethical considerations for mediation and arbitration

g. Describe how mediation/arbitration hybrid works

h. Explain the role of counsel in a mediation or Describe negotiation theory

i. Explain how the legislation and BC Rules of Court impact mediation and arbitration

j. Demonstrate how a deal or dispute mediation works

CONTINUING PROFESSIONAL DEVELOPMENT CPD REPORTING

For lawyers and other professionals, your attendanc provides 7.0 CPD hours, with 2.0 hours devoted to professionalresponsibility and ethics. As an option Certificate of Completion is issued to you, if you earn at least 70% of thecourse requisites.

LOCATION Law Courts Center CPD Room, 150 - 840 Howe St Vancouver BC V6Z 2L2.

INSTRUCTOR Brian Gibbard, Barrister, Solicitor & Mediator

For more information please call 604-685-2727 or write: [email protected].

REGISTER ONLINE:www.lawcourtscenter.com

REGISTRATION (INCLUDES GST #128573300)

q Single Seat $548.80

q Multi-seat or Group Rate for members of Amici Curiae $521.36

1407 B!

Solicitors spend much of their time in negotiations. In this course, the application of mediation to theirpractices will be explored including the ethical considerations involved. They will be introduced to

various forms of dispute resolution with a particular emphasis on "deal mediation". Negotiation theorywill be introduced and participants will have opportunities to explore different styles of negotiation.

At the end of this course, you should be able to::a. Identify the different types of mediation

b. Describe the use of mediation under "without conflict" situations

c. Identify the types of conflict where ADR appropriate

d. Describe how mediation works

e. Describe how arbitration works

f. Discuss the ethical considerations for mediation and arbitration

g. Describe how mediation/arbitration hybrid works

h. Explain the role of counsel in a mediation or Describe negotiation theory

i. Explain how the legislation and BC Rules of Court impact mediation and arbitration

j. Demonstrate how a deal or dispute mediation works


For lawyers and other professionals, your attendanc provides 7.0 CPD hours, with 2.0 hours devoted to professionalresponsibility and ethics. As an option Certificate of Completion is issued to you, if you earn at least 70% of thecourse requisites.

LOCATION Law Courts Center CPD Room, 150 - 840 Howe St Vancouver BC V6Z 2L2.

INSTRUCTOR Brian Gibbard, Barrister, Solicitor & Mediator

For more information please call 604-685-2727 or write: [email protected].

REGISTER ONLINE:www.lawcourtscenter.com

REGISTRATION (INCLUDES GST #128573300)

q Single Seat $548.80

q Multi-seat or Group Rate for members of Amici Curiae $521.36

1407 B!

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

SCHEDULE FOR OCTOBER 10 2014 (9:00 AM TO 5:00 PM)Law Courts Center

Mediation for Solicitors 101

Register on-line at:

WWW.LAWCOURTSCENTER.COM604.685.2727 • 150-840 Howe Street, Vancouver, BC Canada V6Z 2L2

CANADIAN PARALEGAL INSTITUTE

8TH ANNUAL PARALEGAL & SUPPORT STAFF CONFERENCE

SEPTEMBER 25, 2014, 8:30 AM TO 5:00 PMSFU HARBOUR CENTRE, ROOM 1400

515 WEST HASTINGS STREET, VANCOUVER

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After four years, it is time to review and devise constructive suggestions onhow the civil and family SCBC Rules of Court can be improved. We will hostan UnConference, made up of have four UnSessions — where unstructuredconversations will come from the collective wisdom and experiences of thedelegates. These UnSessions provide a rare professional networkingopportunity to benchmark and to fine-tune best practices.

Learn from the latest legislative updates: on the Civil Resolution TribunalAct; debate: BIRT parties being examined under Rule 7-6 be allowed toaudio record their examination; and most importantly, interact with seniormembers of the bench and the bar, and Ministry of the Attorney General.

Be part of a special group of paralegals and support staff who are committedto professional excellence!

8th Annual Paralegal and Support Staff Conference September 25, 2014 • SFU Harbour Centre Campus

Opening Remarks (8:45 AM)

Keynote Speech: Hon. Justice Nathan Smith Supreme Court of BC Chair Rules Revision Committee (9:00 AM)

Supreme Court of BC Rules UnConference (9:45 AM)How our UnConference Works:During registration, delegates submit their four preferences for the UnSessions that they want to attend.

Civil UnSessions: q CPCs and TMCs q Chambers Applications q Discovery Procedures q Expert Witnesses Family UnSessions: q Chambers Applications q Discovery Procedures q Expert Witnesses q Financial Disclosureq List of Documents

Each UnSession is allotted 30 minutes; then, delegates get to move to the next table.A designated secretary will provide a preliminary oral report in the afternoon. A final report will be sent to the delegates after the conference.

UnSession 1 (10:00 AM)

Break (10:30 AM)



Are civil court hearing fees unconstitutional? (11:45 AM)Darrell Roberts, QC shares his journey that began when he acted as pro bono counsel at the Supreme Court of BC caseVilardell v. Dunham 2012 BCSC 748. The case is now waiting for a decision from the Supreme Court of Canada.

Lunch (12:15 PM)

Themis Cup Civil Litigation Competition (1:00 PM)Debate: BIRT parties being examined under Rule 7-6 be allowed to audio record their examination


Mistakes: What you can do to avoid the common traps (2:15 PM)Ms. Margrett George, deputy executive director, Lawyers' Insurance Fund presents her newest paper on risk managementarticle for lawyers on effective supervision of paralegals and support staff.

Developments in Online Dispute Resolution (2:45 PM)Darin Thompson, Legal Officer at BC Civil Resolution Tribunal will provide an update on online dispute resolution as ameans to resolve disputes in BC.

Break (3:15 PM)

UnConference Report (3:30 PM)

Amici Curiae Pro Bono Paralegals Program Mid-Year Access to Justice Report (4:00 PM)PLUG 4 Simplified Family Orders Project Ms. Stacie Gin paralegal at Heritage Law; and PLUG 5 Guide to Civil Litigation for SRLs Project Ms. Sharon Mah paralegal at Bull Housser Tupper LLP.

Keynote Speech: Hon. Chief Justice Christopher Hinkson Supreme Court of BC (4:15 PM)

Closing Remarks (4:45 PM)

Programs are subject to change. To register, go to: LAWCOURTSCENTER.COMConference Fee: (GST included) q Regular $367.50 q Multi-seat / Amici Curaie $341.25

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Legal Education

Trial Brief Preparation

Legal Printing & Legal Supplies

legalpresents.com

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

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

Law CourtsCenter840 Howe ST #150Vancouver V6Z 2L2

4 C I V I L L I T I G A T I O N P R O C E D U R E S

In the early days of west-ern Canada, justice wassometimes swift and

decisions were made sum-marily. In the same way,courts have a swift processfor quick decisions as well;it is called the Short NoticeApplication.

In the practice of litigation,there is often a need forurgency; an applicationmust be drafted quicklywith little time for trainingor instruction. Before thefirst Short NoticeApplication is drafted, anote on procedure is handyto have as a reference toguide you through theprocess so that no step isoverlooked.

Rule 8-5 of the BCSupreme Court Civil Rulesand Practice Direction #20govern short NoticeApplications. These appli-cations are used as a tool tocompel another party tocomply with a demand,such as attending a medicalexamination. Short NoticeApplications may also beused to stop a particularaction, such as destroying

meaning that the other partyhas not been informed ofthe application. Once thecourt has heard the ShortNotice Application, thejudge will decide whetherthe other party should begiven notice and served theapplication materials. Thecourt will then either hearthe application immediatelyor postpone it to a laterdate. Often, an order isgiven to hear the noticeimmediately if the applica-tion materials have alreadybeen served on the otherparty. Otherwise, the mate-rials may have to be servedbefore the application willbe heard and an affidavit ofservice provided to thejudge.

Finally, it is important toreview the Notice ofApplication for any relevantmaterials that will be insert-ed into the applicationbinder together with thenotice and affidavit. Whenthere are cases cited in thelegal basis, they should beprinted for the judge ormaster and, if there aremore than three cases,bound and indexed.

Once the application isdecided, the order is filedand then served on all par-ties. If a party is not pres-ent, they do not have to signthe order. In family cham-bers, it may be advanta-geous to have the signatureof the other party dispensedwith to save time.

On the whole, courts inBritish Columbia are tame

documents that pertain to acase or selling property thatis part of litigation.

As with any application,the first step is to preparethe Notice of Applicationand supporting affidavits. Ifthe application needs to beheard immediately, then theForm 17 Requisition is pre-pared along with its ownsupporting affidavit. Therequirement for an addi-tional affidavit can be dis-pensed with if the reasonfor the urgency is stated inthe supporting affidavit ofthe main application.

The original Requisition,Notice of Application andaffidavit and two boundcopies are given to theattending lawyer or arti-cling student to take tochambers. The originalsare first filed at the courtregistry for a fee of $80and copies are stampedbefore the main applica-tion. The application willbe placed on the chamberslist for that day.

Such applications are usu-ally made without notice,

Swift Justice – A Primer on Short Notice Applications

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in comparison to the travel-ling horse-and-pony, sum-mary judgment court of theWild West days. Chambersis a quiet and somber placewhere self-represented liti-gants and lawyers can dis-cuss their issues and try toresolve disputes. !

Lenise Rouse paralegal atSingleton Urquhart LLP isleading a workshop indrafting civil applicationson August 22 and a coursein civil chambers proce-dures on Sept. 21 2014 .

On Twitter: @lccdombautista

Trial PaperAvailable in 2 sizes:

Barrister 8.5” * 11” $100Judge 9.69” * 13.69” $110Judge’s Binder 1” $40Judge’s Binder 2” $45

Printed in red & blue onpremium archival paper, 500 sheets in a box

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

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

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

RATES (INCLUDES GST #128573300)

q Single Seat rate for Drafting Applications Workshop 101 $548.80

q Multi-seat / Amici Curiae rate for Drafting Applications Workshop 101 $521.36

q Single Seat rate for Chambers Application Procedures 102 $421.12

q Multi-seat / Amici Curiae Member Rate for Chambers Application Procedures 102 $393.68

q Please send me a copy of the DAW 101 or CAP 102 manual. $263.20

Drafting Applications Workshop 101

This workshop,which is scheduled for August 22, 2014, was designed to provide you with anopportunity to learn the fundamentals of effective drafting. A chambers application is made for a myriad ofreasons including when something that should have been done or provided has not yet been provided and you

need to compel the other party to comply with the request. This includes requests for documents, examinations fordiscovery, further particulars and anything else that might be needed to move the litigation forward. Applications canalso provide interim relief against a party pending final determination of an issue at trial.

Using the fact pattern that will be provided to you as part of your pre-course work, you will be have anopportunity to draft a Notice of Application, Affidavit, Response to Application, Requisition and Order.

Law Courts Center

9:00 Chambers procedure - background

9:15 Description and discussionof procedure/flowchart

9:30 Review Rule 8-110:00 Time calculation exercise

10:15 Best practices in working with SRL

10:30 CoffeeVersion - April 1, 2014

10:45 Service requirements for third parties, by fax

11:00 Order / Form 3511:15 - Post Chambers Form

- costs associated with chambers applications- Short Notice (short leave)- Requisition/Form 17- Practice Direction 20

11:30 Coffee11:45 - Consent Orders

- Order / Form 34 - Desk Orders

12:15 Case Planning Procedure- description- discussion: alternative to chambers- review Part 5

12:45 - Costs relating tochambers applications andCase Planning Conferences

1:00 - review/questions- review of open book post course work

1:15 Good byes

Chambers Application Procedures 102

This half day course, scheduled for September 13, 2014, is designed to teach you Part 8 of the SupremeCourt of British Columbia Civil Rules. The question to consider before making a chambers application iswhether or not the application is necessary considering the time and expense involved. Be aware of the costs

associated with applications to court and weigh these costs against the real benefit to your client.

REGISTER ONLINE: www.lawcourtscenter.com


Law Courts Center Desk Reference Manual Price List.xlshttp://tinyurl.com/lccpublications

Current to: 7/15/14

Title Code Last Updated PriceBC Civil Litigation Guide v9.0 BCCLG 140625 750Bills of Costs 101 BOC 101 130701 225Business Corporations Act 101 BCA 101 130808 225Case Planning Procedures CAP 102 120108 225Chambers Application Procedures CHA 101 140801 225Civil Litigation 102 CIV 102 131122 225Clinical Records 101 CRS 101 131203 225Conveyancing 101 CON 101 130701 225Discovery Procedures 101 DIS 101 130601 225Document Disclosure 101 DOD 101 130531 225Drafting Applications Workbook DAW 101 140801 225Family Chambers Applications Procedures 101FCAP 102 140331 225Family Law 102 FAM 102 225Fast Track Litigation FTL 101 110421 225Heads of Damages 101 HOD 101 130415 225Law Office Management 101 LOM 101 111201 225List of Documents 201 LOD 201 120500 225Litigation Practice Basics 101 LPB 101 140901Litigation Project Management 301 LPM 301 140624 100Managing MVA Files 103 MVA 103 140125 225Part 7 Benefits 101 P7B 101 140501 225Personal Injury Book of Letters PIBL 120500 225Personal Injury Studies 201 PIS 201 130601 225Pleadings 101 PLE 101 120430 225PST & GST FAQs for BC Law Firms 140901 150Return to GST for BC Law Firms Recorded Lecture RecordingGST 102v 130228 125Trial Preparation for Defence Firms TPD 101 120500 225Trial Preparation for Family Law 101 TPF 101 130601 225Trial Preparation for Plaintiff Firms TPP 101 101115 225Trust Accounting 101 TRA 101 101028 225Trust Assurance Management Recorded Lecture Handling Unclaimed Trust FundsTAM 10v 120329 125Trust Assurance Management Recorded Lecture Trust Accounting Internal ControlsTam 102v 130712 125Trust Assurance Seminar Recording TAS 102v 130328 300

Law Courts Center PST and GST FAQs for BC Law Firms v140715.doc Page 1 of 12

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Law Courts Center PST and GST FAQs for BC Law Firms v140715 Price of this electronic monograph: $157.50 (incl. GST) Having recently passed the first year on the return of PST in BC last April 1 2013, we have updated the first tax FAQs originally published in May 10 2013 monograph. A number of CRA related questions will be added to this document as soon as we complete our research. List of Questions

A. General questions B. Collecting taxes for legal service C. Disbursements the impact of taxes D. Transition questions

A. General Questions A.1. What is the definition of 'legal services' for the purpose of collecting PST? A.2 What are the general anti-avoidance rules? A.3 How are we to handle bad debt write offs? B. Collecting taxes for legal service B.1 Do we charge PST on every invoice? B.2 Is there a guide to determinate whether or not contingency files require PST to be charged? B.3 If a business invoices for work-in-progress (WIP) that includes goods and services preceding the date PST took effect, how is that handled (ie fixed contract price)? B. 4 Do you have a definition for "carries on business in BC" includes businesses that, other than a Registered Records office, have no other presence in BC, with supporting documentation. B.5 Place of Supply rules and PST - if we have a client that lives in Ontario, do we bill the client HST at 13% and PST at 7%? B.6 If a lawyer provides legal services to a client who resides out of British Columbia, when are such services subject to PST? B.7 We have a client with offices in every province and we are retained by the head office in Ontario to do legal work that involves tangible assets in each province, how do we handle BC’s PST? B.8 How does PST apply to legal services provided to first nations clients? B.9 The Law Society has introduced a change to billing practices with the new BC Code, effective January 1, 2013. Since the staff time is now included in that section, is the staff time subject to GST only? B.10 Do lawyers collect tax when providing mediator services? B.11 Do lawyers collect tax for acting as a Parenting Coordinator? B. 12 As a 'small seller' does not have to register - why would registration be beneficial or appropriate? B. 13 Are lawyers who are accepting Bitcoins for payment, required to collect tax? (Note the Law Society of BC currently does not allow permit Bitcoins for trust funds.)

Law Courts Center PST and GST FAQs for BC Law Firms v140715.doc Page 2 of 12

© Law Courts Centre 2014. Disclaimer is set out in page 2.

C. Disbursements: the impact of taxes C.1 Will PST apply to all items as it does with HST (i.e. meals, children's items and previously non-taxable disbursements)? C.2 Are disbursements incurred in the course of providing legal services subject to PST? C. 3 Could you provide more information outlining "Disbursements" and "Non Taxable Fees" and charges and how a 'mark-up' would be determined/calculated? How are you determining the "reasonableness" of photocopying / printing / faxing charges? Is there a guide to determination of whether or not costs are "reasonably related" to the "transmission, printing or copying of documents" can include: equipment lease, equipment maintenance, paper, toner, and labour? C.4 How do we apply PST on services like Quicklaw and other online research tools, where we pay a flat monthly fee? In the case of Quicklaw, we are able to get breakdown on the bill on a matter by matter basis C.5 Charging PST on scanning of documents done in-house for firms who have gone "paperless". C.6 If a matter is PST exempt due to the nature (i.e., real property on reserve), is travel time also exempt? D. Transition questions D.1 How will the transition from HST to PST affect disbursements on contingency fee files? D.2 Will there be an extended period where the combined HST has to be filed? D.3 How will we apply for HST refunds (during pure HST only period) once PST comes in? D.4 What are the substantive differences between the PST program now versus the program before HST was implemented? D.5. How will tax apply to contingency files that were open prior to April 1, 2013? D.6 Trust Administration Fee: How do we handle the difference in HST and GST in the first quarter of 2013? D.7 How will we get overpayments of prepaid PST back? How will we apply for PST refunds with the new PST? Appendix 1 Canada Revenue Agency & Ministry of Finance March 19, 2014 Powerpoint Disclaimer "All rights reserved. No part of this publication may be reproduced, stored in any material form (including photocopying or storing it in any medium by electronic means and whether or not transiently or incidentally to some other use or this publication) without the written permission of Law Courts Center (phone: 604 685 2727 or e-mail [email protected]) except in accordance with the provisions of the Copyright Act." This monograph has been prepared by the Law Court Center staff in consultation with the regulators. Every reasonable effort has been made to ensure the accuracy of the information contained in this monograph. That said, you should look to all applicable Statutes, Regulations, Rules, Administrative Notices and Practice Directions for guidance. The authors, editors and lecturers of the Law Court Center accept no responsibility for any errors, omissions and inaccuracies in this Manual.

SCHEDULE FOR DEC 8, 2014 (9:00 AM TO 5:00 PM)

Law Courts Center

Law Office Accounting 101 – From Fundamentals to Best Practices

At the conclusion of this course, including the completion of all pre, in-class and post-course work, the participants should be able tocompetently:

1. explain the duty and ethical obligation that lawyers and accounting staff have to the client withrespect to managing the accounts of the firm.2. understand the difference between accounting and law firm accounting3. understand the life cycle of a file4. understand how to correctly open a client matter5. understand how GST and PST are generally applied to legal services6. explain the key concepts in trust accounting7. understand the key principles of internal controls8. understand how to correctly handle cash transactions9. explain how to process Trust Assurance Funds10. demonstrate how to correctly process time entries, disbursements and taxes11. demonstrate how to apply trust funds to the invoice12. demonstrate how to process a settlement13. explain how to complete a file14. understand how to correctly handle unclaimed trust funds15. explain what the file retention and storage requirements are16. demonstrate how to file a written report a Division 7 rule in writing to the Law Society17. develop best practices to be compliance audit ready


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

Course Fees: (course materials and GST 128573300 included) q Single Seat Rate $548.80

q Multi-Seat Rate $521.36

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LOCATION Law Courts Center CPD Room 840 Howe St #150 Vancouver BC


This course is an elective in Canadian Paralegal Institute’s Qualified Paralegal Program in Civil Litigation.For your mandatory reporting of CPD hours, this course is 7.0 hours with 7.0 hours devoted to professionalresponsibility and ethics, and client relations. A Certificate of Completion is issued to you, if you earn at least70% of the course requisites.

INSTRUCTORS:

LISA EZAKI Miller Thomson LLP Accounting Supervisor


Law Office Accounting 101 - From Fundamentals to Best Practices

Course Outline

9 Welcome & housekeeping9:15 Professional Responsibility and the Accounting Staff9:45 What is Legal Accounting?9:50 Life Cycle of a File Part 1: Opening a client matter

How does a firm determine if they can act or provide legal service for a client?Run a conflict search from record management database.Client ID & VerificationContingency Fee AgreementsA Primer on Taxes - PST & GST on legal services (Fees & Disbursements)

10:30 Break10:45 Trust Accounts

RetainerSource documentsCash rulesInvestments

11:45 TAF12 Lunch (on your own)1:00 Question / Answer (Review our morning session)1:15 Principles of Internal Control or some topic on fraud

avoidance1:45 Time Entry

Disbursements - What is a taxable and non-taxabledisbursement?2:00 Billing [includes in-class work]

Pre-billing, write downs, taxesWhat is the process for applying trust funds applied to the invoice?

2:45 Completing of File [includes in-class work]Accounts ReceivableWork in Progress balances Trust funds - Return balance to clientContingency Fee AgreementsUnclaimed trust funds procedures

3:15 Break3:30 File Retention: Storage and Electronic copies3:45 Compliance audit – a Primer

Monthly and quarterly proceduresImportant dates - Bank Reconciliation dates, Trust report, CDIC report, TAF remittance, GST and PST filing deadlines

4:15 Duty to clientJust Say No ... a case study

4:45 Summary & Go over Post-course work5:00 Good-bye


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

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

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

requirements of the law society. Discover the best practices and tips from Felicia Ciolfitto, Law

Society’s Manager of Trust Regulation Group. This 7 hour course focuses on professional

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

webinar.

SCHEDULE FOR SEPTEMBER 15 2014 (9:00 AM TO 5:00 PM)Law Courts Center

Trust Accounting 101 – From Fundamentals to Best Practices

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

Course Fees: (course materials and GST 128573300 included) q Single In-Person Seat (TRA 101) $548.80

q Single Webinar Seat License (TRA 102) $548.80

q Please send me a copy of the manual only as I am not able to attend. $246.75

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

INSTRUCTORS:

TINA KAMINSKI Law Society of BC Trust Assurance Department Audit Team Leader,

Krista Adamek Trust Assurance Department Auditor


Trust Accounting 101 - From Fundamentals to Best Practices

These are learning outcomes for this course:

At the conclusion of this the course, including the completion of all pre, in-class and post-course work, the participants should be able tocompetently:

1. Understand the mandate of the Law Society of British Columbia and the role of its Trust Regulation Department

2. Discuss the duty and ethical obligation that lawyers and support staff have in handling clients' trust funds

3. Explain the key concepts in trust accounting4. Understand how to correctly receive and withdraw trust funds5. Understand how to properly handle cash transactions6. Demonstrate how to correctly reconcile pooled trust accounts7. Understand the annual trust report filing requirements8. Apply the Trust Administration Fee (TAF) to eligible trust deposits9. Report a Division 7 rule violation in writing to the Law Society
