September 12, 2006Lawyers' Roles & Responsibilities1 Lawyers’ Roles & Responsibilities A Presentation to the AFN IRS Settlement Agreement Conference for.

September 12, 2006 Lawyers' Roles & Responsibilities 1

Lawyers’ Roles & Responsibilities

A Presentation to the AFN IRS Settlement Agreement Conference for Frontline Workers

M. Margaret Froh ▪ Indigenous Bar AssociationVancouver ▪ September 12, 2006


Introduction IRS Settlement Agreement Lawyers’ Professional Responsibilities Guidelines for working with former Residential School

Students Contingency Fee Agreements Wills/Estates Issues Retaining a Lawyer Conclusion

Overview


Introduction: Indigenous Bar Association

Non-profit professional association for Indigenous people (i.e. First Nation, Métis and Inuit) trained in the field of law

Objectives:1. To recognize and respect the spiritual basis of our Indigenous laws, customs

and traditions. 2. To promote the advancement of legal and social justice for Indigenous

peoples in Canada. 3. To promote the reform of policies and laws affecting Indigenous peoples in

Canada. 4. To foster public awareness within the legal community, the Indigenous

community and the general public in respect of legal and social issues of concern to Indigenous peoples in Canada.

5. In pursuance of the foregoing objects, to provide a forum and network amongst Indigenous lawyers: to provide for their continuing education in respect of developments in Indigenous law; to exchange information and experiences with respect to the application of Indigenous law; and to discuss Indigenous legal issues.

6. To do all such other things as are incidental or conducive to the attainment of the above objects.


IRS Settlement Agreement

Lawyers’ Roles in light of Settlement Agreement Impact on Litigation and ADR Advance Payment Common Experience Payment Independent Assessment Process Truth & Reconciliation Commemoration Healing


Lawyers’ Professional Responsibilities

Role as Advocate Access to Justice Law Societies’ Roles as Regulators

Rules of Professional Conduct Complaint Mechanisms Investigations Discipline Rights of Complainants


Guidelines for Working with Former Residential School Students Law Society of Saskatchewan

Rule re solicitation and marketing activity where prospective client of “weakened state” (1999)

CBA Guidelines Guidelines for Lawyers Acting for Survivors of Aboriginal

Residential Schools (2000) Law Society of Yukon

Guidelines for Lawyers Acting For Survivors of Aboriginal Residential Schools (2000)

Law Society of Upper Canada (Ontario) Guidelines for Lawyers Acting in Cases Involving Claims of

Aboriginal Residential School Abuse (2002)


Guidelines for Working with Former Residential School Students Law Society of Upper Canada’s “Guidelines for Lawyers

Acting in Cases Involving Claims of Aboriginal Residential School Abuse” Background Guidelines vs. Rules vs. Commentary Need for other jurisdictions to adopt guidelines


LSUC Guidelines

General Broad application Competency Supports Respecting claimants’ cultural roots, customs and traditions


LSUC Guidelines

Claimants’ Counsel Unique nature of cases – need for ‘healing’ Demands on lawyers – practical limits on number of cases Communicating re different types of actions Need for sensitivity in making legal services available Advertising Communication (i.e. fees; disbursements; lawyer/client

relationship; etc.) Contingency fees Accessibility Sensitivity to emotional, spiritual and intellectual needs of

claimants Crisis intervention


Contingency Fee Agreements

Definition Rules governing contingency fees vary across

jurisdictions Written agreements Fair and reasonable Review of agreements Method of calculation Costs Disbursements and taxes Abandonment/discontinuation/settlement of claim Termination of agreement Changing lawyers


Contingency Fee Agreements

Rules governing contingency fees vary across jurisdictions (continued) Types of legal services Limitation of liability for negligence


Wills & Estates Issues

Claimants who passed on prior to May 30, 2005 Claimants who were alive as of May 30, 2005 but who

have since passed on Where there is a will Where there is no will

Federal legislation Provincial legislation


Retaining a Lawyer

Lawyer/Client Relationships Hiring a lawyer

Competency Accessibility Clarity Timeliness

Fees & disbursements Review of fees Complaints Firing a lawyer


Conclusion

Encourage law societies in your jurisdiction to adopt guidelines

Inform former IRS students of guidelines and to be aware of: Claimants’ rights when retaining legal counsel Lawyers’ responsibilities Law societies’ roles in regulating lawyers How to file a complaint

Links to Law Societies: Federal of Law Societies website (for links to the 14 law societies

across Canada) at http://www.flsc.ca/

September 12, 2006Lawyers' Roles & Responsibilities1 Lawyers’ Roles & Responsibilities A Presentation to the AFN IRS Settlement Agreement Conference for.

Documents

indigenous lawyers

cba guidelines guidelines

indigenous peoples

application of indigenous

indigenous community

indigenous laws

indigenous legal issues

justice law societies