SR Vol 26 No 1, January 2008 - Nova Scotia Barristers' Society

the
SOCIETY
RECORD
VOLUME 26 | NO. 1 | january 2008
NOVA SCOTIA
BARRISTERS’ SOCIETY
w w w . n s b s . n s . c a
The Society’s
Strategic Plan
A look at where we’re headed over the next 3-5 years
(Photo by Catherine Neily/NSBS)
VISION, LEADERSHIP, EXCELLENCE – THE LEGAL PROFESSION IN NOVA
January 2008
SCOTIA

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The Society Record

C o n t e n t s
VOLUME 26 | NO.1 | January 2008
4 From the Editor’s desk
5 The President’s View
6 Briefs
12 Society News
15 The Strategic Plan: element #1
(Marjorie Hickey, Q.C.; Frank DeMont; Dwight Rudderham; Jenny Gray)
Pullout section — Vol. 33, No. 1 Nova Scotia Law News
the
Society
Record
is published four times
annually by the
Nova Scotia
Barristers’ Society
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Granville Street
Halifax, NS B3J 1X3
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Return undeliverable
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Editor:
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Graphic Design:
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NOVA SCOTIA
BARRISTERS’
SOCIETY
www.nsbs.ns.ca
21 The Strategic Plan: element #2
(Ron Creighton, Q.C.; Colin Fraser; Dawn Phillips; Joyce Diamond; freelancer Tim Roberts)
27 LIANS
28 The Strategic Plan: element #3
(Mike Power; Moka Case; Derek Land; Catherine Craig)
32 The Strategic Plan: element #4
(Joel Pink, Q.C.; Raffi Balmanoukian; John Young, Q.C.)
37 LAP — Nancy Rideout
38 Summation – Del Atwood
C o n t r i b u t o r s
Marjorie Hickey,
Q.C., a partner with
McInnes Cooper, is
also a member of the
Society’s Executive
Committee.
Dwight Rudderham
is a lawyer at the Sydney
firm Rudderham
Chernin.
Jennifer Gray is
Technology Integration
Specialist at
McInnes Cooper’s
Halifax office.
Frank DeMont is a
member of the New
Glasgow firm, Daley
DeMont.
Ron Creighton, Q.C.,
the Society’s Second
Vice-President, comanages
Patterson
Law’s Truro office.
Colin Fraser is an
Articling student at
the Yarmouth firm,
Nickerson Jacquard.
Dawn Phillips, a
2006 Dalhousie Law
School grad, works
at the Chester firm
of Hennigar, Wells,
Lamey & Baker.
Joyce Diamond
graduated from Dalhousie
Law School in
2006 and is currently
working at the New
Glasgow firm of Mac,
Mac & Mac.
Mike Power is a member
of the Society’s
Executive Committee,
and a lawyer at the
Bridgewater firm,
Power, Dempsey,
Leefe & Reddy.
Derek Land is a
lawyer with the Bedford
firm, Blackburn
English, and a member
of Council.
Moka Case is a Public
Representative
for the Society and a
member of Council.
She also serves on
both the Executive
and the Complaints
Investigation Committees.
Joel Pink, Q.C. is First
Vice-President of the
Society and practises
law at the Halifax
firm, Garson Pink.
Raffi Balmanoukian
is a sole practitioner
working in New
Glasgow. He practices
in the fields of corporate,
commercial,
banking, property,
and succession law.
John Young, Q.C.,
who serves on the Society’s
Hearing Committee,
is currently
managing partner at
the Dartmouth firm
of Boyne Clarke. He
practises in the areas
of Business Law and
Health Law.
January 2008

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PH (902) 453-1525 | FAX (902) 453-1571
Welcome to a new year and a new issue of The Society
Record. We’re kicking off 2008 with a look at the
Society’s new Strategic Direction. The main body of
the magazine will be laid out in four sections, each of which
will contain a variety of articles from NSBS Executive, Council
members, freelancers, and an assortment of lawyers from across
the province. We hope that it provides a little insight into where
the Society is headed over the next 3-5 years. I’d also like to say a
most heartfelt thank you to all the members who so generously
gave of their time to contribute to the magazine over the last
year, and as always, to those who I’ll be calling on over the next
12 months. And, on a final note, the next issue will be dedicated
to your great efforts in the field of volunteering, so, if you, or
someone you know is doing good work, we’d certainly like to
know about it.
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C A N A D A ’ S L E G A L R E C R U I T M E N T F I R M T M
The Society Record

The Work of the Society: measuring success
one step at a time
Now approaching the halfway mark in the Society year, reflection
seems appropriate. Let me begin by recognizing
“my” Council members for their significant part in the
work of the Society. I use the first person descriptive because, as
President, I believe I have a responsibility for how well Council
members both understand and discharge their duties in considering
the many issues that come before them. I am continually
impressed with their considered review of all perspectives and
their enthusiastic deliberation and debate, and am privileged to
be part of it.
You will read in this issue about the strategic planning directions
of Council. Council recognizes that law is practised throughout
the province in a variety of ways and firm structures, with diversity
in terms of age, experience, gender, and ethnic background.
These same Members concluded that long range planning (3-5
years) of trends should be a regular part of how Council conducts
its work, in addition to the shorter term activity plans for each
year. While a good part of what the Society does is regulated by
the Legal Profession Act, there are also non-regulatory issues that
are important to consider; issues which may arise from national,
international, or provincial forums. One need only review the
revamped self-regulatory law society structures in Australia and
the UK, or the study by the Competition Bureau of self-regulated
professions in Canada, and the Fair Access to Self-Regulated
Professions legislation in Ontario and Manitoba, to appreciate the
external forces at play. Our Society, quite appropriately, does not
regulate the practice of law in isolation from other law societies
across Canada, or around the world.
This year, the work of Council has included:
• Preparation of a short term activity plan (June, July).
• Education associated with the pending new Civil Procedure
Rules and community outreach of Council at Membertou
(September).
• Consideration of a policy manual outlining the responsibilities
of and environment within which Council does its work,
and the interrelationship between Council, Volunteers, and
Management (November).
Other issues considered include the Mortgage Protocol
regulations, amendments to the Legal Ethics and Professional
Conduct Handbook (Rules 13 and 14 on Undertakings), and
the national Code of Conduct proposed by the Federation of
Law Societies. As part of a communications strategy, Council
approved the new Society website, launched November 23,
2007, bringing the workings of the Society more clearly to the
forefront, for both members and the public.
the
president’s
view
Society’s responsibilities are many. But given the resulting
awareness and subsequent improvement in how we carry out
our work on behalf of clients - members of the public in whose
interest we are governed – the relationship appears to be working;
for both the public and the membership.
We will continue to do our best to discharge the responsibilities
at hand, and count on you, the members, and the public to let us
know how we can continue to do better.
Catherine S. Walker, QC
Bill Carr, guest speaker at the King’s County Bench and Bar
dinner that I attended recently in Kentville, described the work
of lawyers as “affecting the human condition in an honourable
way.” This, I feel, is an apt description of what we do. As the
self-regulating body for the practice of law in the province, the
January 2008

BRIEFS
M e m b e r s o n t h e E d g e
Kevin Kindred is a Nova Scotia lawyer who’s making
the news these days. This media attention has come as a result
of his work in assisting the Nova Scotia government edge its
way into new regulations for the Vital Statistics Act. As a result
of Kevin’s work on behalf Jamie and Emily O’Neill, same-sex
couples can now both be registered as parents when one of them
gives birth to a child in the province. Previously, such couples
would have to proceed through an adoption process to both be
recognized as legal parents. While other same-sex couples have
worked to address this issue, the O’Neill’s very public advocacy
seems to have pushed the issue through to resolution.
In addition to his volunteer work advocating for equality, Kevin
is in-house counsel for Bell Aliant, where he addresses issues of
employment equity, harassment complaints, and human rights
– both inside and outside the employment context.
Known as a dynamic speaker, Kevin frequently addresses groups
about human rights, harassment, and workplace diversity.
Whether it’s as an employment law instructor at Dalhousie
Law School, or speaking to large groups at conferences or
other educational sessions, Kevin is keen to address diversity
issues in a way that helps people learn and challenge their own
assumptions.
Formerly Chair of the CBA’s Sexual Orientation and Gender
Identity Section, Kevin now heads up the provincial advocacy
group, Nova Scotia Rainbow Action Project (www.nsrap.ca).
Kevin Kindred, Bell Aliant, Halifax, NS
So join us in celebrating Kevin Kindred, a member whose
ongoing involvement in the community reflects his personal
commitment to advocating for change.
The Society Record

BRIEFS
Presentation to the
Hon. Michael Baker, Q.C.
The Barristers’ Society
recently acknowledged the many
contributions of the Honourable
Michael Baker, Q.C. in a
presentation which took place at
the Society on November 28th.
Society President, Catherine Walker,
Q.C., presented the Minister of
Finance with a framed resolution
and NSBS Council pin, recognizing
his significant contribution to the
profession, government, and his
community. Mr. Baker, who has
been on a temporary leave due to
health issues, was accompanied by
Premier Rodney MacDonald and
the Minister of Justice, Cecil Clarke.
(l-r) Catherine Walker, Q.C., the Honourable Michael Baker, Q.C.,
Premier Rodney MacDonald, and the Minister of Justice, Cecil Clarke
The Frances Fish 2007 Women Lawyers’ Achievement Awards
Frances Fish award recipient,
Darlene Jamieson, Q.C.
Janice Beaton and NSBS First Vice-President, Joel Pink, Q.C.
On Thursday, October
18th at the Marriott Hotel, the
Nova Scotia Association of
Women and the Law proudly
presented the 2007 Frances Fish
Women Lawyers’ Achievement
Awards dinner. The award
honours and celebrates
outstanding women lawyers
who have achieved excellence
in their area of speciality or in
the community, and who have
demonstrated a commitment to
the advancement for women’s
equality in or through the legal
profession. This year the award
was given to Darlene Jamieson,
Q.C., who is a well-known rolemodel
throughout the legal
profession in this province.
January 2008

BRIEFS
“Supreme Beings” Wins Walking Challenge
This year three of the staff from Library &
Information Services participated in the Across Canada Walking
Challenge with the Nova Scotia Courts staff. The challenge was
to promote getting active and healthy. There were four teams of
ten competing against each other to be the first to walk across
Canada from Courthouse to Courthouse. The first team to walk
all the way across Canada to the Vancouver Courthouse won. The
team “Supreme Beings” consisting of Donna Angel – Captain;
Linda Cleveland-Thompson, Louise MacLeod, Jean O’Hearn,
Judy Kimball, Jennifer Haimes, Lisa Woo Shue, Sara Knezevic,
Mitchell Carvery, and Jessica E. Patterson walked 6682 steps to
be the first team to arrive.
GEC Reception
Rebecca Hiltz-LeBlanc, Boyne Clarke
Claudia Chender MacLellan, NSBS, and Michelle Kelly, Cox & Palmer
On Wednesday, November 21, 2007, the Equity Officer
and the Gender Equity Committee hosted an informal forum
for junior women lawyers in the library room of the Halifax bar,
the Thirsty Duck. This event provided an opportunity for young
lawyers to voice their concerns about the challenges they are
facing in the profession, and allowed those in attendance the
chance to provide ideas about future CPD events.
The Society Record

BRIEFS
RRC Networking Event
Dalhousie law student, Misty Morrison
George Ash (Boyne Clarke), Sherry Hassanali, Equity Officer; and Michelle
Williams, Director IB & M Initiative, Dalhousie University
On Thursday November 22, 2007, the Equity Officer
and the Race Relations Committee hosted a wine tasting and
networking event at Premier Wines in Halifax. Wine Tasting 101
was well-attended and enjoyed by lawyers and law students from
racialized communities. The event provided a wonderful opportunity
to learn the basics about wine, catch-up with old friends,
and network with colleagues.
Oct. 12th Call – Reflecting changed regulations
(l-r) Shelly Martin, Society Equity Officer, Sherry Hassanali, and
Naomi Metallic
NSBS President, Catherine Walker, Q.C., presents Shelly Martin
to the Court
Late last year, regulations were changed to allow
and encourage people taking their oaths and affirmations in
one of Canada’s official languages and take them again in their
mother tongue. On October 12th, 2007, Shelly Martin became
the first person to do just that. Shelly took her oath and affirmation
in English and then in Mi’kmaq to reflect her cultural heritage.
Shelly said being allowed to take the oath in Mi’kmaq made
it a deeply emotional and meaningful experience. This change
in the regulations is an important step toward recognizing and
supporting the multicultural and pluralistic society in which we
live. We are the only province and law society in Canada that has
made this particularly progressive move.
January 2008

BRIEFS
Rock For Kids Rocks On
The second annual Rock for Kids –
Halifax’s Big Battle of the Lawyer Bands, rocked
the downtown core on October 23 at the famed
Marquee Club. The evening was scheduled
to feature bands comprised of members of
Halifax’s legal community: Oppression Remedy
(Burchells), Mother Sandwich (Dalhousie Law
School), 1000 Points of Light (Stewart McKelvey)
and M.C. Dagremi & the No Chrimes (McInnes
Cooper)and emcee’d by Scotty Mars, Q104’s
on-air personality.
The bands were to compete for the top spot as
Halifax’s best law band. Despite an unexpected
power outage that occurred half-way through
1000 Points of Light’s set, the performers
graciously took the surprise mishap in stride.
The event was nonetheless considered a
success, raising an estimated $10,000 to help
families living with physical disabilities. All
proceeds benefit March of Dimes’ Conductive
Education ® (CE) program.
Lead singer of 1,000 Points of Light, Colin Piercey, and guitarist Marc Belliveau
Sir Graham Day receives
Society’s 50-year Certificate
The Society was pleased to
recently present Sir Graham Day, of Stewart
McKelvey, with his 50-year certificate
acknowledging his membership in the
Society and service to the people of Nova
Scotia. The presentation took place at the
November 23rd meeting of Council, which
was held at the Society.
Society President, Catherine Walker, Q.C. presents Sir Graham Day with his 50-year certificate
10 The Society Record

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January 2008 11

society
news
admissions & professional development
finance & Administration
Great things are happening at CPD in 2008!
Lunch & Laws
Our current slate of lunch and law programs is well underway,
enhanced by our new webinar capacity which allows participants
to connect online as well as by phone if they can’t make it here
for the seminar. Between December 2007 and May 2008 lunch
and laws are planned in the areas of immigration, law firm
finance, ethics, criminal law, drafting, and more. Please visit our
website for more information or to register at www.nsbs.org/
development.php.
Course Development – LRA and CPRs
We are well into the process of developing an online LRA
curriculum, which will make this required course more easily
accessible, more often, for participating lawyers as well as articled
clerks. The volunteer efforts in this area have been amazing, with
a special thank you to Erin O’Brien Edmonds for her tireless work
on behalf of the Real Estate Bar. We are also designing education
around the new Civil Procedure Rules, and more information will
be available on this in the coming months.
Annual Meeting
Planning is well underway for the 2008 Annual Meeting, June 20-
21 at the Inverary Inn in beautiful Baddeck. This year’s education
will focus on professionalism in practice. We are thrilled to report
that the Honourable R. Roy McMurtry, Q.C., former Chief Justice
of Ontario will be joining us as keynote speaker on this topic.
There is something for everyone this year, with sessions on the
new Civil Procedure Rules and their applicability to civil and
criminal practice, sessions for sole and small firm practitioners,
and a follow-up to last year’s popular plenary session. In addition
to the many educational opportunities with the Bar and bench,
there will be great entertainment and lots of family-friendly
events. This promises to be the best Annual Meeting yet!
The Nova Scotia Barristers’ Society quietly
launched its new website on November 23. The development of
the redesign was a joint project involving staff from Library and
Information Services, Communications, and Information Technology
– supported by Impact Communications.
The Society selected Impact Communications through a Request
for Proposal. Impact then developed a complete project plan which
included interviews with users of the Society’s website – members,
the media, staff, and members of the public. From these interviews,
and a study of usage trends, it became clear that users
wanted clarity and an absence of flashy graphics. The Society’s
website was viewed as a functional tool for finding information.
After several iterations, a site map was developed which focused
on developing the website from the users’ perspective. This involved
some new thinking on the part of staff involved as we had
traditionally thought in terms of departments and areas of responsibility.
A key determination during the website development was
that the Society would not try to maintain information belonging
to others, but would instead provide links to that information.
In many respects, the website project is complete, although this
is a medium that is never truly complete. We have heard from
many members and others with both positive comments and
with strong suggestions for further improvement. Your comments
are appreciated and we will continue to refine the website
based on your input.
Form Filing
By the time you read this, those of you with a December 31 year
end will have received your annual Trust Account Report. Once
again we’ve modified the Report with a few additional questions
to better assess risk and areas for improvement. Please be reminded
that Trust Account Reports are due three months following
your fiscal year end.
Accompanying the Trust Account Reports are the Annual Firm Reports
which are due within 30 days of each law firm’s year end.
Trust Account Issues
The Canadian Payments Association continues to press on with a
policy change that will lead to banks (and credit unions) no longer
returning paper copies of cancelled cheques. Look for revisions
in the record keeping requirements of the Trust Account Regulations
once we have further information about these changes.
12 The Society Record

society
news
library & information services
professional responsibility
At the time of writing this report, the finishing
touches are being added to the Society’s new website. Because
of the major changes to the Society’s online presence, Library &
Information Services (L&IS) took the opportunity to revise its
publications, make improvements to its databases, and add new
content to the site.
Much of the information that was formerly found in the “Library
Services” section of the old website can now be found on the new
site under the “Library” tab on the left side of the page. Here, members
will find links to the Research Guide for Print Resources, the
Research Guide for Online Databases and the Search Syntax Chart
for Legal Databases. As with the old site, members can access the
full range of L&IS databases, including Law News Online, Secondary
Sources, Legal Links, and the library catalogues. The search
screens to these databases have been updated with new features
and a new look which is in keeping with the updated website.
New content added to the “Library” section of the site includes
a number of subject-specific resource lists, brochures for members
and the public, a sentencing chart, a personal injury damages
chart, an outline of L&IS’s fees and service charges, the
location and hours of the Barristers’ Library in Halifax, as well
as the location information for the county barristers’ libraries
throughout the province. L&IS welcomes any feedback from
members on these resources, both new and old.
On a different note, the Society, through the L&IS department,
is undertaking a new continuing professional development offering
called Desktop: Enhancing Access to Free Online Resources.
This project will provide one-on-one training in members’ offices
throughout the province, with the goal of instructing lawyers on
how to use free, online legal resources. These online resources
include the Society’s own website, together with the databases
created and maintained by L&IS, as well as CanLII. This training
initiative is generously funded through a grant provided by the
Law Foundation of Nova Scotia.
Suzan Hebditch, a librarian with over 25 years of law library experience,
has been hired to travel throughout the province to
provide the Desktop training to members, as well as public librarians.
Training sessions began in November 2007 and will
continue in 2008 as Suzan makes her way around the province.
Please watch for scheduling announcements in InForum to find
out when Suzan will be coming to your part of the province. To
learn more about the Desktop project, please contact staff at
L&IS by telephoning 1-866-219-1202 or 425-BOOK (2665), or by
sending an e-mail to nsbslib@nsbs.org.
Every autumn, professional responsibility
departments of each Canadian law society gather at the Discipline
Administrators’ Conference. In October 2007, we were hosted by
the Law Society of Upper Canada at Osgoode Hall in Toronto.
This Conference provides a valuable opportunity to network and
share information about trends and developments that each
jurisdiction is experiencing.
This year, one of the conference topics was on Custodianships;
timely from Nova Scotia’s perspective, as costs related to Custodianships
in this province have quadrupled in the past four
years.
There are currently 1709 practising lawyers in Nova Scotia. Two
hundred and seventy-nine are identified as sole practitioners, and
of these 77 were called to the Bar on or before 1977. The Society
has no information which would indicate that any of these 77 sole
practitioners have made arrangements for their practice in the
event that they are unable to continue to operate their practices.
Our records indicate that there are approximately 140 sole practitioners
in the Halifax Regional Municipality. The remainder, 139,
practice in various areas throughout Nova Scotia. The more remote
the area where the sole practitioner practices, the more difficult
and costly it will become to effectively wind up the practice.
Some Canadian Law Societies have brought their custodianship
programs in-house, however most jurisdictions operate similarly
to Nova Scotia. In this province, when a sole practitioner is no
longer able to maintain his or her practice, the Society will apply
to the Court for an order appointing a Custodian to take custody
of the property of the member, conserve, protect and properly
dispose of property and manage or wind up the practice. Depending
on the size of the practice, this can entail a significant
amount of work for the Custodian and a substantial expense for
the Society, and ultimately for the membership as a whole.
While the issue of succession planning may seem like something
reserved for the more senior members of the Bar, all sole practitioners
should turn their minds toward it. Just as you prepare a
Will to ensure that your personal property is distributed according
to your wishes, so should you prepare a succession plan to
ensure that your law practice and your clients are well looked
after in the event of your unplanned cessation of practice.
With the information gleaned from other provinces, we will
shortly be putting forward a report with recommendations for
reducing costs for Custodianships in NS.
January 2008 13

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the plan:
Commentaries, thoughts, and articles – contributed by various
individuals – are included, according to their assigned topic, in
one of the following four strategic directions.
Lawyers to be
able to better
serve their
clients in a
rapidly changing
environment.
To ensure,
for all Nova
Scotians,
that there is
continuing, viable
access to the justice
system that is
serviced by competent
and professional
lawyers practising
in all parts of the
province.
To make sure that
lawyers practising in
Nova Scotia have enhanced
competence and adhere to
high practice and ethical
standards, reinforced by
the Society by various
means.
To ensure that members of
the Society, the public,
and key decision makers
are aware of the Society’s
role, and that the Society
has an appropriate impact on
relevant and administration of
justice issues.
January 2008 15

Lawyers to be
able to better
serve their
clients in a
rapidly changing
environment.
Guidelines, available through the Internet, which provide
practical tools to assist lawyers in assessing, maintaining,
and enhancing their quality of service. It may be useful
for our Society to consider the development of similar
practice guidelines which set out suggestions for the use
of technology.
Issues involving law and technology go far beyond the
electronic capabilities of a lawyer’s practice, extending to
the use of electronic data in litigation, security of electronic
communications, electronic filing of documents,
and the delivery of legal education through electronic
models. The Society hopes to explore such matters as part
of its ongoing initiatives.
Marjorie Hickey, Q.C.
McInnes Cooper
For many years as spring approached,
Council members
would turn their attention
to the development of
the Annual Plan for the forthcoming year. By definition, this plan
focused on initiatives that could be accomplished largely within the
next 12 months. The Annual Plan often reflected a reactive approach
to the “hot” issues of the moment. This year, Council decided to
establish a 3-5 year plan encompassing four strategic directions from
which it could develop objectives on an annual basis. Through this
article I will take a closer look at one of the strategic directions proposed
in the Society’s planning process.
This first strategic direction finds the Society exploring methods by
which it can enable lawyers to better serve their clients in a rapidly
changing environment. Areas that will be considered include changes
in technology, changes in demographics, changes in the way law
is practised, and changes in the methods by which the Society can
continue to uphold the public interest in the practice of law.
On the technology front, the Society will be examining new ways to
provide cost-effective access to technological advances. Recent initiatives
in this regard have begun and include changes to the Society’s
website, which now allows more direct links to resources that may
be useful to lawyers, as well as one-on-one training on electronic resources,
conducted through Library & Information Services.
An initiative that may warrant exploration by the Society is the development
of guidelines or recommendations with respect to the
electronic resources in lawyers’ offices. In Ontario, for example, the
Law Society of Upper Canada has developed Practice Management
With respect to changes in demographics to be considered
as part of the Society’s strategic direction, the Society has
begun the process of compiling appropriate information
on its own members through the analysis of responses in
the Annual Member Reports. While this data has only
been accumulated for two years and is insufficient to establish
trends, it is already providing useful guidance to
the Society in the context of planning its programs. For
example, results of the most recent Annual Member Report
show that sole practitioners have the lowest rate of
participation in formal learning activities, while government-employed
respondents have the highest rate. This
type of information can assist the Society in the development
of appropriate educational programs, and in the marketing of
such programs to its members. It is anticipated that future analysis of
Annual Member Reports will provide further information to assist in
the planning processes of the Society.
In addition to information about its own members, it is envisaged
that staff at the Society will monitor demographic trends in the general
public to assist in guiding Council’s planning processes. It will
be essential to have an understanding of such trends in order for the
Society to fulfill its mandate of upholding and protecting the public
interest in the practice of law.
The Society can also provide a benefit to its members by ensuring
members are aware of changes in the practice of law on regional,
national and international levels. Early identification of trends and
new initiatives can assist the Society in preparing its own members
for more efficient and innovative methods of delivery of legal services.
It is anticipated that in its planning processes the Society will explore
methods by which such information may be gathered and communicated
to members in a timely and effective manner.
The Society must continue to ensure the active involvement of public
representatives on Council and committees. Such public input to
Society activities is critical to ensuring decisions of committees and
Council are appropriately informed by a public perspective. In addition,
initiatives such as public access to Council information, and the
holding of Council meetings in different communities will be further
explored to ensure the creation of appropriate avenues for input by
the public.
It is anticipated that the Federation of Law Societies of Canada will
continue to provide the Society with a forum to ensure the public’s
16 The Society Record

interest in the practice of law is appropriately reflected. Recently, for
example, the Federation of Law Societies of Canada conducted an
extensive consultation process relating to draft Regulations under the
Proceeds of Crime (Money Laundering) and Terrorist Financing Act.
These Regulations deal with the way members of the legal profession
identify clients, verify their identity, and maintain client records. It is
imperative that the Society continue to maintain an active role in the
development of any legislation that will impact the interface between
the public and the legal profession.
Through its continued leadership role with the Federation of Law
Societies, it is expected that the Society will also ensure that national
initiatives such as a Model Code of Professional Conduct reflect the
ethical and practice expectations of the public and the members of
the legal profession in this province.
The above outlines only some of the approaches that the Society may
pursue as it works toward its strategic objective of better enabling
lawyers to serve their clients in a rapidly changing environment. The
specific approaches to be taken will be developed through the ongoing
planning initiatives of Council and will hopefully be shaped
and informed by membership input. All members are encouraged to
discuss their ideas in this regard with their Council representatives, in
order to allow such ideas to be transformed into action.
Marjorie Hickey serves on the Society’s Executive Committee.
My tendencies towards the use of new technology in
my practice more than qualify me to comment on
the technological element of this first strategic direction.
I am what marketers call an “early adopter.” I have had a
hybrid car for a while now. I am on my third BlackBerry, and I
have had a personal computer since the early 1980s (mind you
it was a Commodore 64).
Technology has brought a day of instant communication,
where we are now expected to immediately respond to a client’s
questions and concerns. Often our so-called “good” clients
have three or four phone numbers for us, a fax number,
perhaps more than one email address, links to our web page,
and potentially the ability to see some file material online. And
we, likewise, have the same contacts for these clients.
As a result of the ubiquitous nature of technology, I see the Bar
Society as having a role to play in guiding our practice. All this
technology is not going away, and as I see it, the Society has a
legitimate concern about how we maintain our competence in
this technological world.
To address these concerns the Society has taken major steps to
bring more “content” to our desktops (computer desktops, that
is). This takes the form of cases through CanLII and best practices
through the Society website. Our InForum newsletter is another
example. First steps include delivering law to our desktops,
and I am pleased to see the actions Library & Information Services
has taken in that direction. The new Society website is also an important
move in the right direction.
In addition to issues of competence, the Society must ensure that we
continue to provide for the traditional protections for our clients. At
the top of the list is protection of the client’s privilege. One stolen
laptop and… well, I dare not go there. Directives, or at least recommendations,
to protect our laptops and other such devices through
password protection, are practice standards that we need to be reminded
of from time to time.
So, where do we go from here What role does the Society have in
relation to technology How should that role take its shape I believe
these are all legitimate questions that the Society should develop answers
for; answers which will ultimately come from us.
I believe that any required technological mandates should be well supported
by the Society. Any major adoption of technology has to be
rolled out in a manner that allows for those less technologically inclined
to adopt with relative ease. Support
is critical. Imagine property Frank DeMont
lawyers (who I understand from Daley DeMont
the recent membership survey as
being the more senior members) trying to do a property transaction
without the help of more technologically inclined staff and support
people.
And what about the role of the Society where ethics and technology
intersect Consider this scenario: You represent a client involved in a
protracted dispute and “get wind” of the financial stresses the litigation
is putting on the party opposite. With a Property Online password
and three clicks of a mouse, you can see the mortgage and perhaps a
second – who holds it How much What rate Five or six clicks and a
password later and you are looking at the Personal Property registration
details. You now have a much better idea of the condition of the opposition.
Ethical or not Perhaps just good lawyering The Society can
not legislate good behavior but it can clearly come out against ethically
January 2008 17

questionable or downright unacceptable conduct.
Another area the Society is looking at under this particular strategic
direction is changing demographics. This does not strike me as an
area where the Society needs to play a big role. We are all (I hope)
aware of the environment in which we live and practice. Most lawyers
keep abreast of current affairs to one degree or another, and that if
we want information related to demographics, it is readily available
(through technology I might add).
Regionalization, however, is an area where I see an important role for
the Society, and it dovetails into the fourth aspect of our changing
environment: inter-provincial cooperation. As the regions, through
technology, get figuratively smaller, and the law firms get bigger, the
Society has an important part to play in building cooperative agreements
with other Bars. The streamlining of laws and regulations is
another area where the Society will have substantial input. The inter-provincial
nature of the Personal Property Registry System, and
the cooperation of the Registry of Joint Stock Companies Offices
between New Brunswick and Nova Scotia are fine examples of what
can be achieved through coordinated efforts.
For the Atlantic region to succeed in a marketplace with Quebec and
Ontario, not to mention, Boston and New York, we have to band together.
The Society has a significant responsibility to ensure this happens
in a fair, efficient, and effective manner. Regionalization means
bigger firms. There is power in size, but there is also conflict. At the
end of the day, the Society must make sure that we are all looking out
for the clients, not only serving the needs of the practising lawyers.
These are just a few of my thoughts as we move forward with the
strategic planning process. I hope that everyone will take the time to
give input. As a wise sage once said (in the pre-technological world):
“‘Tis better to light a candle than rail against the dark.”
With all this technology, I remember what we all need to remind
ourselves of from time to time – this machine has an off switch…
BlackBerries and expect to reach us by email, even when we are out
of the office, it becomes difficult to avoid obtaining a BlackBerry. In
other words, if our clients are operating more efficiently, they’ll likely
expect the same from their lawyers.
An important question in this rapidly changing environment is
the role of the Barristers’ Society. In the Legal Profession Act of
Nova Scotia, the purpose of the Nova Scotia Barristers’ Society is
“to uphold and protect the public interest in the practice of law.”
This is the section of the Act that seems to be the most commonly
quoted. The suggestion is that the Bar Society’s sole mandate is the
protection of the public. However, the Act goes on to state that in
pursuing its purpose, the Society shall “... (b) establish standards for
the professional responsibility and competence of members in the
Society; and (c) regulate the practice of law in the province.” Based
on this definition, to suggest that the Society is only available for the
protection of the public seems to be a very narrow interpretation.
The Bar Society is an educator, and as such, offers many legal
education programs. In addition, when significant legislation has
passed, such as the Land Registration Act, the Bar Society has played a
key role in educating lawyers. Clearly, the Society has a role to play as
an educator, however, I think they could and should do more.
Dwight Rudderham
Rudderham Chernin
and this trend seems to show no sign of slowing down.
The legal profession has
gone through significant
change even in the 14
years I have been practising law,
Technology seems to be driving the changes. One only has to look to
developments such as the Land Registration and Personal Property
Security registration systems.
Everyone recognizes the impact of a new electronic Land Registration
system, however there are circumstances where the impact of
technology may be more subtle. For instance, if our clients have
The Bar Society also has a role to play in investigating new and
emerging technology and notifying the profession about what
they’ve discovered. Trends and changes tend to happen elsewhere and
eventually find their way to Nova Scotia, but really, why shouldn’t
lawyers in Nova Scotia be at the forefront of change. What, for
example, is happening in Toronto with technology these days If we
were aware of developing trends, perhaps we could get ahead of the
curve. Personally, I would like to see the Society be more proactive
in this area. It fits within the mandate set out in the Act, and adds
value to the service we provide to our clients. I look forward to the
day the Society notifies us of some new technology emerging in the
legal field, and we, for once, get an unexpected jump on the rest of
the country.
18 The Society Record

Aggregation of information
about legal technology is
one thing, but developing
standards for competencies
in technology is another.
Although I would like
to see technology standards in
practice I am realistic. Technology changes
too quickly. Further, there is too much disparity in
how information technology is used in the profession
for any level of standardization of knowledge to be
effective. However, where I think the Society can play
an important role is through education and networking.
For example:
To say technology has become
an important part
Jenny Gray
McInnes Cooper
of the practice of law is an
understatement. From email communications
with clients and counsel, to mobile devices, our word
processing packages and accounting systems – technology touches
every aspect of a lawyer’s practice and is an integral part of our
jobs. Competence in the use of technology is as fundamental to good
practice as knowing how to draft or interview a client.
My role at McInnes Cooper is new to the firm. As “Technology
Integration Specialist” I am part of the IT department and act as
liaison between the practice, technology, and the business for all six of
our offices. My practice now consists of understanding how lawyers
and staff work to find solutions to help them do their jobs better. It’s
not easy. On any given day I can be technology therapist, business
analyst, educator, troubleshooter, or system designer. However,
despite the challenges it is always interesting.
I am heartened by the inclusion of technology in the strategic direction
of the Society. For too long we have relegated technology to the arena
of “necessary evil,” rather than examining opportunities technology
can provide to allow us to better serve our clients.
I tap into hundreds of sources weekly to find information about
new technologies and the use of technology in practice. Rarely do
I find such information on law society websites. Organizations such
as ILTA (International Legal Technology Association) and ALA
(Association of Legal Administrators) often do a much better job of
aggregating information about technology advances than professional
organizations for lawyers do. It is daunting for a lawyer to try to find
this information on his or her own. Because of this I believe the
Society should assist in aggregating information about technology for
the legal profession in Nova Scotia.
• Technology training for lawyers offered through
the Society at affordable rates.
• Developing “best practice” guidelines for lawyers
on things like email management, electronic file
retention, and security standards.
• Liaising with law schools to ensure technology
education is on the agenda for new law students.
• Understanding what technologies are on the
market to help the profession.
• Keeping on top of how these technologies are being
used by other lawyers in other jurisdictions.
• Impressing upon lawyers the importance of understanding
technology in practice.
And of course, I would encourage the Society to leverage technology
to do some or all of the above!
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January 2008 19

NOVA SCOTIA
BARRISTERS’ SOCIETY
Welcome to Nova Scotia under “The Nova
Scotia Provincial Nominee Program”
December 5, 2007
Scott Sterns, Merrick Jamieson Sterns Washington & Mahody
This session will offer an overview of the program, what works,
and how to use it. If you have clients who have either applied
or may apply under the NS PNP, this session is a must!
Plain Language Legal Drafting
January 9, 2008
John Arnold, Q.C., Cox & Palmer
Using examples and interactive exercises, this session will give
you all of the tools you need to improve your drafting and update
your precedents.
Taking Care of Business: From Intake to Invoice
January 23, 2008
Keith Oickle, CA, TEP - Senior Financial Advisor, Assante
Wealth Management
Positive cash flow and profitability are elements of a solid law
practice. In this session you will learn best practices in financial
management, key accounting concepts, taxation matters,
and how to understand key objectives of financial statements
and basic accounting processes.
Legal Ethics Education for Legal Assis-
TANTS and Law Office Staff: Getting to Know
the Rules of Conduct for Lawyers
February 6, 2008
Darrel Pink & Victoria Rees, Nova Scotia Barristers’ Society
The rules of ethics for lawyers can impact in many ways on the
work of law office staff and legal assistants. This interactive
workshop will help staff and assistants better understand the
rules of ethics for lawyers and what you can do to help your
firm provide good quality, ethical service to clients.
Practical Tips for Foreclosure Proceedings
February 20, 2008
Stephen Kingston, McInnes Cooper
This session will provide a thorough overview of the foreclosure
process – initial assessment of the file, demand, commencing
action, applying for the Foreclosure Order, attending at the sale,
applying for confirmation, and deficiency applications.
The new Tackling Violent Crime Act
March 5, 2008
Frank Hoskins, Q.C., Public Prosecution Service
This session will provide an overview of the key provisions of the
Act, and offer time for questions related to the new legislation.
Enforcing Judgments
April 2, 2008
Peter Coulthard, Sealy Cornish
Not in Halifax
Join us by phone and computer!
Details will be sent out upon registration.
Location: cPD Centre – Suite 408, 1645 Granville Street
Time: 2:00 pm – 1:30 pm
register: www.nsbs.org/development.php
C O N T I N U I N G P r o f e s s i o n a l D e v e l o p m e n t
20 Nova The Scotia Society Barristers’ Record Society, 1645 Granville Street, Halifax, NS, B3J 1X3 | 902-422-1491 | www.nsbs.org

To ensure,
for all Nova
Scotians,
that there is
continuing, viable
access to the justice
system that is
serviced by competent
and professional
lawyers practising
in all parts of the
province.
The Nova Scotia Barristers’ Society has recognized this second
strategic direction for obvious reasons, which include a decline
in the number of practising lawyers in more rural areas,
the complaint of a lack of access to available justice and legal services
by the public in many areas of the province, and the concern of ensuring
that lawyers throughout the province, while maintaining their
busy practices, are able to stay on top of the substantial changes that
have occurred and are occurring in the legal profession.
Sole practitioners and small firms have been the main providers of
private legal services in the more rural areas of this province. A look
at the numbers shows a decline, over the last decade, of members in
areas outside of HRM. One might suggest it is selfish to be talking
about how we ensure that lawyers continue to provide private legal
services in rural Nova Scotia, but protection of the public interest is
the main objective under the Legal Profession Act, and if competent
lawyers are not available to provide legal services in many parts of
the province, we are clearly not fulfilling our mandate. The ability
of lawyers to be able to take over existing practices or establish new
practices in the more rural areas of the province, thereby ensuring
that competent legal services are available throughout the province,
is a win-win situation for the public and the legal profession. What
needs to change with regards to services in rural areas to make this a
reality How do rural areas of the province attract and keep younger
lawyers as a vibrant part of their community Should the Barristers’
Society be playing a role here and if so, what What involvement, if
any, should the provincial and/or municipal governments have The
quality of life in rural Nova Scotia has a lot to offer so how do the
relevant players make sure that this message is communicated to lawyers
who may want to make these communities home These are
important questions that will have to be answered.
In meetings with the County Bar Associations and in particular, the
more rural areas of the province, we hear concerns about the threat
to justice services, including timely access to judges within certain regions
of the province,
availability of proper
court facilities, difficulty
in filling Legal
Ron Creighton, Q.C., Second Vice-President
Patterson Law
Aid positions, and threats to such basic services as probate. How do
we ensure these deficiencies are identified, properly analized, and appropriate
timely decisions made
In today’s world, things are changing rapidly and the legal profession
is no different. Lawyers, no matter where they are practising, have
to be able to remain on top of the changes in the law and have the
ability to adapt to changing standards that are adopted by the profession.
Through doing this they will continue to provide the public
with competent legal services in an ever-changing environment. This
provides additional difficulties for lawyers living long distances away
from Halifax because continuing legal education has traditionally
been provided by conferences that take place in Halifax. The unfortunate
result is a substantial time away from the practice. How
do we utilize the rapid changes in the technology (another topic of
the strategic plan) to improve the ability to provide continuing legal
education to our members in the most cost effective manner possible
Can we take advantage of the additional uses of teleconferencing,
video conferencing technology or “e-learning” training direct to your
computer desktop
In finalizing this portion of the Long Term Strategic Plan for the
Nova Scotia Barristers’ Society, these are the questions which are being
asked and which the Society will be attempting to answer to ensure
that there is continuing, viable access to the justice system that is
serviced by competent and professional lawyers practising in all parts
of the province.
Second Vice-President, Ron Creighton, also sits on the Society’s Complaints
Investigation, Finance, Nominating, and Professional Responsibility
Policies and Procedures Committees.
January 2008 21

The Case for Small Town Practice
Three young lawyers discuss the ups and downs of life in small-town Nova Scotia
You can get a round of golf in after work. And most importantly, the
people you live and work with are friends. In addition, Yarmouth has
all the amenities of a much larger centre.
My experience has been that new lawyers in smaller places are
encouraged and respected by the more senior members of the Bar.
I’ve experienced this with the supportive way all lawyers in Yarmouth
have welcomed me and the other two Articled Clerks there (Matthew
Fraser and Alex Pink).
Also, new lawyers in rural areas don’t specialize in any one area of law.
I’ll have a chance to work in many areas, decide what I like to do, and
see what I’m good at. Hopefully, when this happens my client base
will grow, making for a rewarding career. I like the autonomy you get
in small town practice.
Colin Fraser
Articled Clerk, Nickerson Jacquard
The idea of working
at a big firm and
living in a city
appeals to most young
lawyers making their way into the profession. Who can deny the
glamour of being an up-and-comer in a big and trendy place But
many starting their legal career don’t think of another appealing
option: small town practice.
Yarmouth is not Halifax and it’s definitely not Toronto. And while I
enjoy city life and all it has to offer, I decided to Article and pursue
my career in Yarmouth for a variety of reasons.
I’m from Yarmouth and returning home comes with the benefits
of knowing a lot of people and feeling a strong attachment to the
community. These are important for building a successful practice
and enjoying time away from the office.
Living in a small town has many rewards. Traffic is a non-issue: my
drive to work takes about four minutes. Real Estate is affordable.
I also like the fact that practising in a small town means working
collegially with your fellow lawyers. Members of the Bar in Yarmouth
are a fine example. They talk to each other and work out problems,
where and when possible. No one’s interests are best served by lawyers
not working with one another, especially not the client’s.
Of course there are some downsides of practising in a rural area. Your
social and professional life often intersects, and frequently seeing
clients in social settings can be awkward, especially for a young lawyer
inexperienced at balancing being professional without being a stiff.
Also, living in a small place can be less invigorating than city living for
a young person. But making frequent trips to a city quickly remedies
the need for exposure to a faster pace.
While the appeal of city practice remains undeniable, small town
practice is also appealing. To ensure all communities in Nova Scotia
are adequately served by lawyers, rural firms and the NSBS must act.
Telling law students and new lawyers about the benefits of practising
outside Halifax would certainly help.
City firms inundate young lawyers with the notion that a rewarding
career is best satisfied in a big place. We need to get the word out that
small town practice is a great option too.
22 The Society Record

of community, and the scenery was second
to none. Chester also had the benefit of being
only 45 minutes from Halifax, a short
drive in case I missed big-city life.
Since moving to Chester almost three
months ago, I have really grown to like
small town living. I live 5 minutes
from my office and walk to work on
most days. I see my clients and coworkers
around town, at the grocery
store and at the post office. There
is a strong community of small
businesses and local artists. There
are hiking trails and scenic drives nearby and I am
looking forward to taking advantage of the golfing and sailing in
the summers.
Dawn Philips
Hennigar, Wells, Lamey & Baker
My friends and family
were pretty surprised
when I told
them I was moving from Halifax
to Chester. I grew up in Ontario and had never lived anywhere
smaller than Halifax. People saw me as a big-city person, but I knew
I was ready for a change. I was through with the traffic and noise in
Halifax and desired a quieter, simpler way of life.
When I saw the advertisement for the job with Hennigar Wells Lamey
& Baker in Chester on the NSBS website, I immediately knew it was
the job for me. I had spent time touring the South Shore during law
school and knew that the people were friendly, there was a great sense
At my firm, I immediately jumped right in to very busy practice. I am
mainly practising family law and civil litigation and doing prosecutions
for the Federal Crown. Almost immediately, I was carrying some of
my own files, meeting with clients, and going to Court regularly. The
lawyers at the firm are great to learn from and are committed to making
me feel comfortable at the firm and in the community.
I must admit there are a couple things I miss about living in Halifax.
There is no same-day dry cleaning in Chester, and the grocery store
and restaurant selection is somewhat limited. But I am quickly adjusting
and the small inconveniences matter less to me each day.
I feel lucky to be in a profession that allows me to live and work outside
of a big city. I am very glad that I made the move to Chester and
I see myself staying here for a long time.
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January 2008 23

The Case for Small Town Practice...
Joyce Diamond
MacIntosh, MacDonnell & MacDonald
I
am daily reminded
why I relinquished
the urban rush and
returned to my native
Pictou County after almost thirty years of “being away”. There is, of
course, the attraction of a balanced lifestyle in a natural setting. Each
morning, I stand on the front porch and look across the water to see
if my eagle is perched on his usual post, or if the herons are finding
breakfast in the salt marsh. As I collect my thoughts driving over
Fraser’s Mountain, I am centred by a breathtaking view of the entire
county. I start each working day from a perspective that I found
harder to divine amongst asphalt and starless skies.
Initially, friends questioned my decision to take the great leap from
the twenty-second floor to the shores of the Northumberland Strait.
But I am not alone. Young professionals of my generation are returning
to Pictou County seeking respite of a more permanent nature.
The trend of outmigration of young people from smaller communities
is well-known, yet, the opposite phenomenon is occurring here,
as more and more of us find sufficient opportunity to come back.
How difficult is the adjustment required to find a place in a nonmetropolitan
community I admit I suspected it would require compromises
of varying sorts, both professional and personal. What I’ve
discovered, however, is that I have sacrificed little and gained much.
Professionally speaking, I have made no sacrifice; I am engaged in
challenging legal work that is both complicated and rewarding. From
intricate tax or estate planning and multi-faceted corporate reorganizations
to complex litigation matters involving large institutional clients,
I am learning from informed clients, and well-respected lawyers
with decades of experience at the Bar.
While many find it difficult to dislodge the stereotype of the rural
professional, I am lucky to have been able to do so. The happy rewards
of my morning routine carry through the rest of my day. Now,
if only we could get a Starbuck’s on Fraser’s Mountain.
Christine Doucet
Atlantic Canada’s Legal Recruiter
Providing recruitment and human resources services
to legal professionals seeking new career opportunities
and to firms and organizations that need them.
Christine Doucet, llb
Talentworks Inc.
5248 Morris Street, Halifax, NS B3J 1B4
T: (902) 491-7603 | F: (902) 491-7610
christine.doucet@talentworks.biz
www.talentworks.biz | www.comehometons.com
24 The Society Record

Building a case for small town practice
If cinema and the small screen defined our culture, lawyers would
commonly be described as people who work in big firms in big
cities, whose toil consists of big files for even bigger clients.
That would be a big mistake, says David Eldridge, Q.C.
“I’ve been successful, both financially and within the profession,” he
says of practising law in rural Nova Scotia. “There are, and will continue
to be, great opportunities in rural settings. It worked out for me
and there’s no reason it can’t be the same way for others.”
Eldridge articled and briefly practised in Dartmouth before looking outside
the Metro area. His interest in real property led him to Barrington,
a town on the southern tip of Nova Scotia that was issuing more building
permits per capita than the rest of the province at the time.
Eldridge opened his office in April 1978 and for a while in the decade
that followed, Barrington had four lawyers either practising full-time
or with satellite offices in town.
That number has since shrunk to two and may decrease even further.
Eldridge sees himself winding down to a part-time practice in years
ahead and has doubts about finding someone to take over his practice.
“What it boils down to is that I may be Barrington’s first and last
resident lawyer.”
***
Nova Scotia has a disproportionately urbanized lawyer population. Halifax
Regional Municipality is home to less than 40 per cent of the province’s
population, but more than 70 per cent of its practising lawyers.
It used to be common for law students from small towns to return to
a firm there or to hang their own shingle. That trend has become less
prevalent.
“I don’t think [those towns] can assume those students will return to
practise anymore,” says Rose Godfrey, Director of Admissions and
Career Development at Dalhousie Law School. “Not with the debt
load that follows them out of school.”
Larger city firms traditionally offer higher salaries for articling clerks and
first-year associates than do rural
firms. That gap might take on even
more significance as the expense of
law school rises. Godfrey notes that
Tim Roberts
Freelancer
tuition at Dalhousie has increased more than $4,000 since she commenced
her current position at the school, only four years ago.
A current Dal Law student says she has drawn the maximum government
loan for the academic year. That five-digit figure wasn’t enough
to cover tuition fees. She took a line of credit to cover the rest of her
law school costs.
Unlike student loans, however, lines of credit require monthly payments
during school and in the year immediately following graduation.
Those payments help create a crop of LLBs with a keener eye on
salary structure than firms might like to think.
***
Heavy debt load can also contribute to legal tourism.
Godfrey explains that a “tourist” is someone who articles or practises
somewhere for a year or two, largely to enhance his or her chances to
move to a larger firm. It’s a term she picked up from hiring partners
at smaller firms.
Taking on an articled clerk represents a substantial investment for
a small practice. The flight risk that tourists present has justifiably
caused rural firms to cast a discerning eye over applicants.
“I had one interviewer who asked if I’d be willing to sign something
that would mean I would stay there for a certain number of years,”
Amber Snow says. “They’re trying to gauge your commitment.”
Snow is articling with Nova Scotia Legal Aid in New Glasgow. By her
third year at law school, she knew she wanted to work in a smaller
location. Students who opt for rural Nova Scotia, however, may be
unsure how to secure work there.
Larger firms visit law schools for recruiting purposes. They sponsor
wine and cheese events. They take prospective clerks out on the town.
Students know the firms’ names, reputations, and articling salaries.
That’s not so with smaller firms.
January 2008 25

For her part, Snow pored over the Barristers’ Society directory and
cold-called smaller practices to find out more about them and their
willingness to take on an articled clerk.
She’s happy with her current position, but it wasn’t easy to pin down.
If the province faces a potential shortage of rural lawyers, what can be
done to ease the path for students like Snow
***
The Barristers’ Society believes it has a partial answer to this question.
Articled clerks formerly had to complete, under the guidance of their
principal lawyers, a checklist of substantive legal tasks. A sole practitioner
who took on a clerk would be hard-pressed to provide the
wide-ranging experiences to complete the checklist, not to mention
the time to oversee the clerk’s progress.
Such clerks, then, often spent time with other firms or legal agencies
to complete certain sections of the checklist. It wasn’t ideal for clerks
or the practices that hired them.
That’s why the checklist was sidelined three years ago, explains Darrel
Pink, the Society’s Executive Director. Articled clerks are now to
demonstrate exposure to (and possession of) barristers’ and solicitors’
competencies and skills in more general terms.
A specific task such as incorporating a company, for example, is no
longer a mandatory requirement. There is, however, value in the
work involved with incorporations, and clerks who perform them are
credited for the skills developed and used during the process.
Pink notes that the Barristers’ Society works with firms to develop
articling and education plans. Once approved, a firm is well-placed
to re-use those plans for clerks in years to come.
***
Having an approved articling plan for clerks is one thing. Retaining
them as associates and into partnership is wholly another.
Suzanne Rix, now a partner with Cox & Palmer in Halifax, speaks
highly of her experience as an associate with Ferrier Kimball Dumke
Thomas in Bridgewater. She kept in touch with law school classmates
who also practised outside HRM and feels she had a more comfortable
experience than many others.
“I think I had more flexibility,” Rix says. “I was given the chance to
develop the type of practice that I wanted. There was a partnership
track in place and they gave me a raise every year.
“Some of my colleagues in rural practices needed to do some serious negotiating
every year to get a raise at all. They couldn’t assume anything.”
Rix relocated to Halifax in 2001 despite her good fortune. Both her
husband and her family lived in HRM at the time, her major consideration
in making the move, but not the only one.
Immigration law was an enjoyable part of Rix’s practice in Bridgewater.
She has since made it her entire practice in Halifax. Lawyers looking
to similarly focus their practice have a better chance of doing so in
a bigger firm. It may prove difficult for smaller firms to compete with
larger ones in the field of specialization. Rix outlines areas, however,
in which they can compete.
“Smaller firms, if it’s practicable for them, would do well to have policies
in place to bring to the attention of potential lawyers,” she suggests.
“A parental leave policy. A policy detailing how long it takes them to
make partner. Something they can see in terms of compensation so
that they know what to expect in years ahead, not just the year ahead.
Even if it’s expressed as a percentage of a person’s billings, just some
form of objective criteria so that the person doesn’t feel so compelled
to make their own case every year.”
***
Small-town practice, of course, has its own inherent perks with which
urban firms struggle to compete.
David Eldridge points out that he hasn’t worked evenings or weekends
since he reorganized his practice 25 years ago. He also lives close
enough to his office to walk home for lunch every day.
While clerks and new lawyers can’t count on controlling their schedules
(or their lunch hours) to a similar degree, there are other advantages
specific to them.
“I think I get to interact with clients more than a lot of other articled
clerks do,” Tabitha Veinot explains from her office at Power,
Dempsey, Leefe & Reddy in Bridgewater.
“I go to court by myself, I have more access to senior lawyers, and
since I’m from here, people know me and some have become clients
because of that.”
Darrel Pink also notes the lower cost of living. He refers to a pair of clerks
in Yarmouth who bought a house during the articling year, something
likely not possible in HRM no matter the salary doled out to clerks.
Veinot and Amber Snow both appreciate the collegial atmosphere
among their respective legal peers. And whereas legal resources may
have been an issue in decades past, technology has shortened the resource
gap between larger city firms and smaller rural practices.
So there are reasons for law school grads and articled clerks to look
to Nova Scotia’s smaller towns for practice opportunities. And the
amended articling requirements should make it easier for smaller
firms to take on clerks in years ahead. Presently, however, rural practitioners
continue to retire without replacements.
“I think it’s one of the best-kept secrets going,” Eldridge says of practising
in a small town.
“I think there’s a misconception that to be successful you have to
be with a firm in a metropolitan area. Students and clerks should
be made aware that there are great opportunities in rural areas and
encouraged to check into it.”
As the cost of law school continues to increase, however, students
who pursue careers in rural Nova Scotia – like Snow and Veinot, may
become an even more distinct minority.
26 The Society Record

LIANS
Insurance News
by Deborah ROZee
Director, Lawyers’ Insurance Association of Nova Scotia
Starratt v Turner: A Closer Look
Claims which are reported to LIANS often arise from one of two underlying
causes: (1) poor communication between lawyers and their
clients, and between opposing counsel, and, (2) failures in office systems
and procedures. These two underlying causes of claims account for
more than 80 per cent of all claims against lawyers. Much less common are
claims which arise from a lack of knowledge or flawed application of the
law. However, one recent claim file dealt with the applicability of Starratt
v. Turner (1989) 78 CBR (NS) 83 (NSCA) in circumstances where the judgment
debtor had been discharged from bankruptcy.
The issue considered was the following: what is the effect of a discharge
from bankruptcy on the enforceability of a judgment against land sold by
the judgment debtor to a third party
Answer: after discharge of the bankrupt judgment debtor, the judgment
can no longer bind the land, unless it falls within the s. 178(1) exceptions
in the Bankruptcy and Insolvency Act.
This conclusion is from an opinion prepared by Gus Richardson Q.C., the
full text of which is on the LIANS web page under Real Estate Resources.
Below is a brief summary of the issues discussed in greater detail in Mr.
Richardson’s opinion.
• Starratt stands for the proposition that an assignment in bankruptcy
by a judgment debtor does not affect any judgments that have been
registered against land owned by the judgment debtor and then
transferred away from the judgment debtor before the assignment
into bankruptcy. The judgment remains a charge against the land.
Anyone who purchases or accepts a transfer of the land in question
will receive the land subject to the judgment debt.
• The Starratt case did not deal with the effect of the discharge of the
bankrupt.
• Franklin v Schultz (1967) 62 DLR (2nd) 643(Ont. CA) deals with the Sheriff’s
ability to execute writs of fi. fa. against lands owned by a third
party after the judgment debtor was discharged from bankruptcy. The
decision supports the proposition that after discharge of the bankrupt
judgment debtor, the judgment can no longer affect the lands.
• There are exceptions to the rule in Franklin pursuant to section 178(1)
of the Bankruptcy and Insolvency Act.
For the full article go to www.lians.ca.
Tips from the RISk &
Practice management Advisor
by Deborah E. Gillis, Q.C.
Risk and Practice Management Advisor
The Importance of Planning
Regardless of your firm size, strategic planning is central to its
continued success. In strategic planning you examine your firm’s
strengths, weaknesses, opportunities, and threats, thereby taking
control of the direction of your practice, instead of just reacting to changing
conditions.
The Barristers’ Library currently has a text entitled, The Lawyer’s Guide to
Strategic Planning by Thomas Gruella and Michael Hudkins. This is a good
resource to get you started on your planning process.
The authors, in discussing strategic planning, explain it as a process
whereby the following questions are considered:
• Who are we
• Who's out there
• Who do we want to be
• How do we get there
• How are we going to execute our plan to get there
The process of achieving each of these five broad strategic planning steps
is discussed throughout the book.
One predictable change that affects all law firms is the retirement, death,
or disability of its lawyers. Have you considered the impact on your firm
of one of your members dying, retiring, or becoming disabled tomorrow
Do you have a succession plan in place to deal with such a contingency If
not, start thinking about one now.
If you are a sole practitioner such planning is particularly critical. Start
thinking about when and how you are going to retire, as well what lawyer
you would want to assist your family, staff, and clients in the event of
your disability or death.
During the upcoming months I will be making succession planning resources
available to you on our website (www.LIANS.ca) and during workshop
and group discussions. Stay tuned. In the meantime, if you have any
question on this or any other risk or practice management issue, do not
hesitate to contact me.
Deborah E. Gillis, Q.C., is the Risk and Practice Management Advisor for LIANS. She may
be reached at 423-1300 ext. 345 or at dgillis@lians.ca
Deborah Rozee is the Director of LIANS. She may be reached at 423-1300 or at
drozee@lians.ca.
January 2008 27

Mike Power
Power, Dempsey, Leefe & Reddy
The Annual General
Meeting in June 2007
at White Point Beach
Lodge resulted in an interesting
compilation of strategic directions for the Nova Scotia Barristers’
Society.
The enabling sessions were, in themselves, from a different direction
with a noticeable emphasis on work (as opposed to play). These identified
strategic directions will no doubt be discussed, dissected, reassembled
and regurgitated over the next while.
One of these directions – number three – addresses competence and
ethical conduct.
At one time a solid education, articles with a wise principal, and a good
set of precedents would allow one to cruise through 30 years of practice,
(unless it was prematurely cut short by a summons to the Bench).
This model no longer works and the Society recognizes the changing
times.
The Society has always focused on its members’ competence in the
practice of law. The Society remains strongly committed to ensuring
that its members are up-to-date on the latest developments of the
law, as it is a given that lawyers should be given every opportunity to
“keep up.”
The delivery of these updates has become the issue. The conventional
refresher, the one where lawyers are summoned to Halifax (or some
other exotic locale) for a review of practice management, tips, and
case law, is all but passé. It’s a multimedia world and the challenge
is to adjust the “delivery system” to try and take advantage of the
available avenues, electronic or otherwise. The use of computers has
become widespread in law firms across the province (as well as the occasional
courtroom). Documents are being submitted and registered
electronically. Even title searching, which in most counties is still
done by recourse to ancient books, is slowly becoming an exercise in
pointing and clicking. Given that the legal profession is finally catching
up with technology, the Society is working to utilize the tools
at its disposal. Recent initiatives, like the Land Registration Course,
will eventually be offered online and lawyers and assistants will be
able to take courses from the comfort of their own offices. The Society
has never waivered from the goal of delivering information to its
members in the most expeditious and convenient way. The challenge
faced by the Society is how to implement the changes it is making to
achieve the goal, and electronic systems will go a long way in helping
the Society meet that challenge.
A well-informed, well-trained profession will always have the respect,
if not the love, of the public. As major participants in the justice system,
we can ensure the integrity of the machinery and administration
of justice through our training and practice.
One of the speed bumps of practising (competently and ethically) has
sometimes been the lack of civility and collegiality among lawyers.
The Society begins talking to lawyers early about the importance of
professionalism and collegiality. Indeed, guest speakers now lecture on
the topic from the first day of law school. The Society continues that
education throughout the lawyer’s career, and while education, articles
and good precedents still play an important role, the Society is making
additional efforts to fortify the ethical practice of its members. It
is not easy, since from the time we first cross the threshold of our law
schools, we learn and work in an environment that is all about being
adversarial. We compete to get better grades and better articling jobs.
We grapple to bill more hours and secure associate and partnership
positions. Those challenges are just within our own schools and firms.
If you add the adversarial nature of our jobs and the stress that comes
from long hours spent on difficult files, it’s no wonder that decreased
collegiality is another issue plaguing the profession.
But there is light at the end of the tunnel. We, as a profession, are
getting better. Lawyers in Nova Scotia are increasingly able to address
one another with civility and professionalism. We can separate the
client from the lawyer and recognize that we all have a job to do. We
are remembering to be objective and reasonable when our clients may
28 The Society Record

egin to demand the opposite, leading to fairer and more sensible solutions.
Not only does this make our work lives less stressful, it allows
us to focus on the real issues instead of our personal feelings about
our colleagues. We’re practising more ethically and more professionally
and producing better work.
Another major benefit of increased collegiality and professionalism
among lawyers is the correlating increase in respect for the profession
and the administration of justice. This is good news for the
profession’s members who have a duty to promote respect for the
administration of justice. When lawyers practise professionally and
with respect for their colleagues, they are more productive, and in
turn, clients are happier because they feel their interests are being
better represented.
Widespread recognition that we are all in this together will increase
the need for lawyers to cooperate and not just confront one another.
Lawyers, like any other profession, need to continually assess their
practices and procedures and make the adjustments where necessary
to make improvements. Remembering to remain objective and collegial
will contribute to the health of the profession, its members and
our clients.
Mike Power serves on the Society’s Executive Committee.
Moka Case
Public Representative
Initially, I was alarmed to learn
that the legal profession in
Nova Scotia did not already
have a process in place for ensuring
that all practising lawyers receive some sort of ongoing mandatory
legal education. I would have thought that it was a stipulation by
government for all self-regulated professions. I’m fairly certain that
the citizens of Nova Scotia (whom I have the honour of representing
on Bar Council), the Executive, and Complaints Investigation
Committees would similarly agree that public confidence, trust and
respect for any profession must be earned. This can only be accomplished
by having a set of practice and ethical standards as a baseline
and an assurance that all practising lawyers in Nova Scotia possess the
most up-to-date skills and tools available to them. Further, I believe
there is an expectation by the general public that lawyers are able
to carry out the work they are hired to do no less competently than
other professions. We expect a surgeon about to operate on a loved
one to not only have the necessary credentials and skills to perform
surgery, but to also use the most advanced techniques, technologies,
and tools, as well as to have the most competent and skilled personnel
to assist him or her. Why shouldn’t the public expect the same of the
legal profession
Given the sheer diversity within the legal profession - be it area of
practice, size of practice, urban or rural practice, years of practice,
etc. – I now understand why it has taken until now for the Society
to do this important work. Yours is a highly complex profession. For
example, I can now better appreciate the impact that enhanced competence
requirements will have on sole practitioners who face more
infrastructure challenges than do lawyers practising in firms with
more resources. I also now better understand the resistance to mandatory
education - although I still hold the view that it places the public
at risk when lawyers are not mandated to maintain a certain level of
competency. That said, I wholeheartedly support and agree with the
approach of Council to find a way to develop enhanced competency,
delivered in such a way that it is not unnecessarily onerous to lawyers.
I believe that learning can and should take place in many ways to accommodate
lawyers’ different needs and practice environments. I am
confident, based on my experience to date, that there will be meaningful
consultation and debate at Council with continued input from
Society staff and various pertinent committees to ensure that the best
interests of both the public and the legal profession are served.
I get a sense, from the lawyers around the Council table, of genuine
acceptance for the need for practice and ethical standards of some
sort. Having served on the Complaints Investigation Committee for
four years, I have observed far too many complaints against lawyers
that had mostly to do with practice management difficulties. I believe
that both clients and lawyers will benefit greatly from the professional
standards being developed. It will help lawyers manage clients’
expectations and vice versa. It will also impact on lawyers’ dealings
with other lawyers and the court. Ultimately, improvements in the
way the Society regulates and governs its members will improve the
public’s overall faith in the administration of justice in Nova Scotia.
Moka Case is a Public Representative for the Society and a member of
Council. She also serves on both the Executive and the Complaints Investigation
Committees.
January 2008 29

As I see it, the foundation of the third strategic direction
rests in the Legal Ethics Handbook – which we should all
take more time to review. After all, the law practice over
which we can wield the most substantial influence is our
own. Like all lawyers, I do my best to strictly adhere to
ethical principles and standards of practice. With that
in mind, I cannot help but be troubled at the degree of
enlightenment I generally feel after reading the Handbook.
This is not an admission of my pathological violation
of the principles and standards espoused therein,
but rather an acknowledgment of the frequency with
which I stray away from perfect adherence. I like to
think I am not alone in this sentiment. The more often
we remind ourselves as to what perfection looks
like, the more likely we are to attain it.
Derek Land
Blackburn English
Through its third strategic direction,
the Society has renewed
what have arguably always
been its primary commitments:
to assist its members in enhancing their competence, to help them
adhere to the highest standards of practice, and to ensure that they
conduct themselves in accordance with the ethical principals upon
which our profession has always rested. Considering how fundamental
these commitments are to the Society and the profession as a
whole, it should not be surprising that the primary mechanisms are
already in place to assist us in achieving them.
As members of the Society, we all share a responsibility to protect the
public’s interest in the practice of law. While Bar Council and Society
staff admittedly play a supervisory role in guiding this process, it is
incumbent upon us to view the attainment of these laudable goals as
a personal responsibility.
Considering the adversarial underpinnings of so many of our interactions
as lawyers, it is easy to forget that we are all in this together.
Thus, while our starting point must be our own practices, our personal
responsibility for the attainment of the third strategic direction
must obviously extend to being aware of the work of our colleagues as
well. Lawyers who lack competence, or who fail to adhere to proper
ethics and practice standards, reflect poorly on us all. We are often in
a better position than anyone to identify problems with the practices
of the lawyers with whom we interact, and thus we do our profession
a disservice by ignoring those problems. This is not to say that we
should all report to the Society every trifling breach of the Handbook.
More often than not, a kind word and a helping hand will be
just as effective, if not more so.
In short, we already know what perfection should look like. I think
that we will go a long way toward achieving this third strategic objective
if we simply do more to help each other attain it.
Derek Land is a member of Council for the Halifax district.
A Roadmap for Learning at Justice Canada
At Justice Canada, the culture of continuous learning goes far
beyond lip service. The department is committed to offering
employees at least five days a year of professional development.
Every employee at Justice Canada develops an annual learning
plan. Working with their managers, they identify learning goals,
determine activities for achieving those goals and agree on how
to measure the success.
Learning activities aren’t restricted to the traditional classroom
approaches. For example, lawyers, paralegals or support staff
could opt for e-learning, or may decide that job-shadowing or
mentoring may be the best way to reach their goals.
“Learning isn’t just about taking courses. It is also about
sharing experiences, comparing best practices and then having
the opportunity to apply that knowledge,” says Ted Tax, Senior
Regional Director for Justice Canada’s Atlantic Regional office.
At the individual level, the learning plan is a roadmap that sets
30 The Society Record

Catherine Craig
Cox & Palmer
It comes as no news to members of
the bar and the greater community
that a lawyer has an obligation to be
competent in his or her particular
practice areas. In fact, the Nova Scotia Barristers’ Society Legal Ethics
Handbook states the duty of competence as the first duty.
As a self-regulating profession, the Nova Scotia Barristers’ Society
ensures aspiring members meet specific competence benchmarks
before they may be called to the Bar. However, the structure
for promoting properly competent members post-call is not as
straightforward.
As Bob Dylan sings, the times they are a changin’. The law is not an
exception to this. (Hello PPSA, Automobile Insurance Tort Recovery
Limitation Regulations, LRA, and The Companies Act, we are talking
about you.) Further, formerly busy practice areas shrink while new ones
evolve. We, as a self-regulating body, have an obligation to our clients
and to the public to establish, implement, and promote the standards of
the legal profession. As part of this obligation, we must stay committed
to maintaining and improving our professional standards.
So continuing legal education is a no-brainer. But from a policy
perspective, why make continuing legal education mandatory I offer
my own views on the matter in three points. There will be greater
access to resources for our members, our members will benefit from
a basic structure regarding continuing legal education, and our
profession’s commitment to professional standards as viewed by the
greater community is renewed.
How do we structure a viable and sustainable CLE program As my
mother says, the devil is in the details.
We need to ensure the programs are relevant. Content should speak
to senior practitioners who have fully developed practices as well as
those more junior and intermediate. Consideration must also be given
to whether purely substantive legal content is required, or alternately,
if it should include a practice management component.
We also need to ensure the programs are accessible. This means including
small firm and solo practitioners, and being readily available to those
practising outside of city-centers. Technology will undoubtedly help
with the advent of web-streaming and teleconferencing seminars.
But perhaps more non-traditional activities such as presentations and
legal writing (conference papers, power point or other publication)
will qualify as well. Time will tell how the policy will unfold.
And the times, they (still) are a changin’.
goals and identifies evidence for success. However, at the
organizational level, the plans identify common learning needs
across the office and department. Having a better of idea of
what employees are looking for means that Justice Canada can
provide timely and cost-effective learning opportunities. It also
helps lawyers and paralegals keep up with developments in the
law, and to continue to deliver high quality services.
a balance between individual learning needs and departmental
priorities.
“This is more than just an annual exercise. We have an ongoing
dialogue about professional development, and how we can
use practical, innovative and flexible approaches to meet our
learning needs,” says Tax.
There is no specific dollar amount set aside for each employee.
However, managers create annual learning budgets that strike
January 2008 31

To ensure that members of
the Society, the public,
and key decision makers
are aware of the Society’s
role, and that the Society
has an appropriate impact on
relevant and administration of
justice issues.
Interview with First Vice-President, Joel Pink, Q.C.
Pam Sullivan
Communications Officer
PS: I’d like to begin by first asking
what you think the Society should
be communicating to the public
and the members, and why
JP: We are a self-regulating Society, which means that we govern our
members according to our legislated mandate. It’s important to show
the public that we, as a Society, want to make sure that we uphold the
integrity of the profession so that our members abide by ethical rules
and that there are no exceptions to this. The only way we can do that
is to allow the public to see exactly what we do.
PS: Do you have any specifics about what you think we should be
communicating to either the members or the public
JP: The public should understand that lawyers are people. They do
good work for the community, they do good work for the profession,
and they look after people’s problems. Like any other profession,
there’s always the odd person who goes astray, but when that
happens I want the public to know that it is dealt with in a manner
that protects that member’s clients, and the public.
PS: What do you think we should be communicating to members
JP: We have very competent people who fulfill the work of the Society
and I think that our members have to know what our staff does,
why the dues are what they are, and what will happen if, in fact, we
don’t have the staff that we do.
PS: What better use can we make of our public representatives in
trying to get the message out to the public
JP: The public representatives have to speak and give their own views
as to what they have witnessed. They have to let people know that we
are a self-regulating body and that we truly believe in the protection
of the public and that our rules and regulations fulfill that mandate.
PS: But are there specific things you can think of that we’d like the
public to know about governance and the work that we do here
JP: Well, on our new website they can find out anything and everything
about the Society. As time goes on there’s going to be
more information. If Council decides that we’re going to start
putting things on our website that are being considered by
Council, the public is going to have access to that information.
PS: The second part of this initiative has to do with government
relations. What’s the role we want to have with government in
terms of improving the administration of justice and why would
we invest significant resources into this
JP: One of our main concerns, as lawyers, is to make sure that the
administration of justice operates efficiently, and further, to work towards
ensuring that people have access to justice
As an example, if the Courts get bogged down and there is a two-year
waiting period for a person to be tried in a criminal court, then that
is a problem. As a law society it is our responsibility to bring it to
the attention of the appropriate authorities within government; to let
them know what our concerns are and how justice is sometimes being
denied because of lengthy delays.
If there’s a problem at a courthouse that is not open five days a week,
and we get complaints from lawyers that they can’t file documents
on time, I think it’s our responsibility to bring it to the attention of
government. If there is limited access to justice in a particular area,
they should do something about it.
If government is proposing changing a law that affects the administra-
32 The Society Record

tion of justice, they may want input from us before they introduce it as
a bill. A recent example of that was the merger of the Family Court and
the Provincial Court. They didn’t consult us, and concerns were raised
by lawyers and judges about the impact of the legislation and the lack
of opportunity to provide input. The government acknowledged the
value of the consultative process and recognized that it needed further
input; as a result the bill was withdrawn as introduced
There are issues that come before government which require the expertise
and input of lawyers. For example, the Class Proceedings Act.
The government came to us to get the views of lawyers who work in
this area before they introduced the bill.
PS: So it is actually starting to happen
in the process of reforming the Administration of Justice Committee
to ensure we have closer contact with the Department of Justice. We
will meet on a regular basis with senior officials so we can discuss
what is going on within the department and they can share views on
a variety of issues.
PS: What should the public expect the outcome to be from this
type of relationship
JP: That the Justice system works more smoothly for the benefit of
the public. In that way, we fulfill a key part of the Society’s purpose.
First VP, Joel Pink, Q.C., also serves on the Society’s Complaints Investigation
and Finance Committees.
JP: The Society has become more active with government. We’re now
“In politics, perception is reality.” – Senator Keith Davey
Raffi Balmanoukian
Barrister & Solicitor, New Glasgow
Last spring, my mother
was diagnosed
with breast cancer.
Only then did I realize not
only the prevalence of that scourge, but the legions of supportive
products and services that work endlessly for the betterment of patients
and their families. Their magnificent efforts are largely and
sadly unheralded, but we sure know of them when in need.
As with that malignancy, the law is something most people (non-lawyers)
live with every day and recognize as being around them, but which
escapes their direct attention until a particularly challenging “routine
matter” or traumatic piece of litigation comes into public view.
That complacency is a loss to all of us. It leads to public resentment towards
what is perceived to be both a guild mentality and a public view
that the profession is not really important to Society. It may explain
why people usually hate lawyers, but like THEIR lawyer (“I may be an
SOB but I’m YOUR SOB”). On that view, Land Registration is dismissed
as a make-work money grab, litigators are seen as milking files,
self-regulation is a convenient hegemony, and legislators are overpaid
dilatants. The public verdict would make Dickens blush.
It is not enough that we, as lawyers, know the difference. I’m preaching
to the choir that government legislation with limited or no Bar
input often needs wholesale revision. The discipline process, as with
most other professions, mostly works efficiently and protects the
public financially (insurance, client compensation) and ethically (the
“Little Black Book” et seq.). WE know that the Rule of Law - rights
with remedies - is the guardian of our personal and financial liberty,
but how aware is the public of our role in this respect
How do we get that message across, and why does it matter I don’t
think it lies in politically correct mealypap or nice slogans. It’s a long,
hard slog. It takes time. It means being constructive and reasoned,
even when that input is not asked for. It’s in shouting from the rooftops
that justice IS usually done (and when not, we say that too)
so that it is also seen to be done. It’s in being proud of what we do
and not being ashamed to be remunerated fairly for doing it. It’s in
proving this so consistently that the Society is consulted on the law
as often as are accountants on tax policy, or doctors on health care.
And it’s in not being afraid of letting the public know - with or without
their asking - that we are as indispensable to their orderly affairs
as are the accountant or physician to their fiscal or physical health.
If we want others to hold us in esteem, we first must be proud of
ourselves.
Maybe a “support our lawyers” ribbon is not so ridiculous
January 2008 33

John Young, Q.C.
Boyne Clarke
The Society’s fourth initiative,
which forms part of
the Society’s new strategic
plan, is laudable. However, if the
Society is ever to have a significant impact “on relevant and administration
of justice issues” it will first have to clearly define its role so
that both the public and decision makers understand and accept that
role, as defined by the Society.
At the moment, while the Society views itself as acting in the public
interest, its members are often disgruntled because they perceive the
Society as not acting in their interest. The public assumes that the
Society is a lobby group for lawyers, and key decision makers often
assume that the Society is acting in the narrow financial interest of
lawyers in private practice.
Unlike the Canadian Bar Association, whose role as a national
spokesman on behalf of the profession with respect to a wide variety
of public policy and justice issues is well accepted by its members,
the public, and decision makers, the Society’s role in the province in
impacting administration of justice issues is not thought to be significant
and certainly not well-accepted.
This may be the natural result of the Society having to devote much
of its time and resources to the governance and regulation of the
profession within the province. The Society does not appear to be
organized such that the members can participate and the Society can
develop well thought out positions on issues of public policy affecting
the administration of justice in the province. The president of the
Society is not a public figure and the Society is not generally known
for its stance on a broad range of justice issues.
Neither the government, the press, the public, nor indeed the members
of the Society will generally or routinely seek out the views of the
Society on such issues. While individual members of the profession
may express their personal views from time to time on various issues
affecting the administration of justice, the Society is generally absent
and not thought to have an opinion.
While it is desirable and in the best interests of the province for the
Society to have intelligent, well informed positions on various issues
affecting administration of justice in the Province, I don’t think this
is likely to happen unless and until the Society can develop a transparent
and effective mechanism for the development, discussion, and
determination of policy which the Society can then, with confidence
and with the broad support of its members, advocate to the public
and to policy makers in this province.
The Society, however, is and can be increasingly successful in being
proactive in working with various government departments in the
development of their legislation and regulations. The knowledge,
skill, and experience of members of the Society can be focused by
the Society to assist officials in various departments in ensuring that
legislation and regulations are practical, effective, administratively
sound, and likely to assist the government in achieving its public
policy objective. While this may be a more technical and less glamorous
role than public advocacy, it can be equally if not more effective
in ensuring that the legal system in this province works in the public
interest.
Assisting such government officials by offering technical expertise
and professional experience in a non-public and non controversial
environment is likely to be generally accepted by government officials
and departments. While government has both the right and the
duty to make its own decisions, the establishment of a productive
and mutually respectful relationship between the Society and the justice
system can only benefit both, and more importantly, benefit the
people of this province.
While I think the Society is well-positioned to work with government
officials and government departments in ensuring that the legislation
and regulations are effective in implementing public policy, the Society
is neither well-equipped nor is its role well-accepted in advocating
for or defining public policy.
34 The Society Record

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1-866-299-1299 • Completely Confidential Assistance
When Crisis Strikes Remember the Lap Helpline
By Nancy Rideout
I read with interest, the
last issue of the Society
Record, which dealt
with the concept of elder
law. Our President,
Catherine Walker, Q.C.,
made reference to the
latest Annual Member
Report which identified
“senior lawyers”
as those having over
27 years at the Bar and
she encouraged us to
have a succession plan
in place for the orderly
winding up of our practice
should something
happen to us suddenly.
It is along these same lines that I write to you — as a lawyer
about to commence her 27th year at the Bar (which makes
me a senior I realize now!) and one who has been involved
with the Lawyers’ Assistance Program (LAP) since its inception
in 1990. With shifting demographics, an aging Canadian
population, and an aging legal profession, more and more
lawyers and their families are dealing with health issues
which sometimes strike ‘out of the blue’. A myriad of questions
can swirl around in the mind of the ill practitioner:
how will the illness progress What will it mean for my busy,
ongoing practice Will my partners, my peers, or my clients
perceive me differently — perhaps as less competent or capable
What are the financial implications for me and my
family The individual may become overwhelmed with stress
and anxiety, possibly depressed, and certainly discouraged
as they move through the stages of grief, all the while trying
to maintain their effectiveness as a lawyer.
Case in point: in December 2005, just as I was entering my
25th year of practice, moving through my life and my world
with relative calm, organization, and satisfaction, I was
unexpectedly diagnosed with CML — Chronic Myologenous
Leukemia. This is a rare form of blood cancer which affects
mainly middle-aged to older individuals. I was shocked and
gripped with fear. I knew nothing about the disease, and
whether it meant life or death. In addition to my health, I
was imminently concerned for my practice, my clients and
my ability to work and look after both. I lived alone and had
no spouse or children to turn to for support. I felt daunted
and completely overcome by this news; vulnerable and at a
loss. I longed for information, counseling, support and advice.
I wondered whether there might be another lawyer
out there who had leukemia or any other form of cancer and
how they were managing their practice. Did I call the LAP
Helpline No. Why Because the thought never occurred to
me! This, from someone who sits on the LAP Committee and
has been a Peer Volunteer with LAP for years! It is this irony
that prompted me to write this article.
In the initial years of the program, the focus was more on
addictions: alcohol, drugs, gambling, and the like. These
were recognized as legitimate problems requiring very specific
and serious measures to avoid the loss of someone’s
right to practice. It’s not that other issues causing lawyers
personal difficulty and interfering with their practices
were non-existent. It’s just that they weren’t talked about
as readily, perhaps not admitted to, and certainly not reasons
to actually call a Helpline... at least not the LAP. Today,
calls coming into the Helpline indicate that members
are realizing that many life scenarios have a negative affect
on practice: from stress, anxiety, and depression, to
the focus of my article — health issues.
When things ‘break down’ for any reason and we find ourselves
facing challenges or crisis which may impact upon
our ability to practice, the LAP Helpline is there for us and
is completely confidential. I am a prime example of someone
totally immersed in LAP who happened upon a personal
health and life crisis, and never thought to move in that
direction for help. I know it would have made a significant
difference for me. Know that a diagnosis of critical illness is
very frightening and an appropriate reason to ask for assistance
through LAP. So I urge you to please take advantage
of this excellent service and remember if a crisis strikes,
you can call the LAP Helpline and obtain the professional
referral or peer support that will help you move more easily
and successfully through your difficulty.
Nancy Rideout, of Thomson Rideout, can be reached at
ngrideout@thomsonrideout.com or 1-902-453-7555.
January 2008 37

Summation
Book Review – Lawyers Gone Bad:
Money, Sex and Madness in Canada’s Legal Profession by Philip Slayton
Del Atwood
Nova Scotia Public Prosecution Service
Lawyers Gone Bad by
Philip Slayton bears a
strong resemblance to
one of those lurid kissand-tell
exposés about the Windsors, penned by a frustrated soul who
never quite made it into the Royal Enclosure, either weighted down by
some inner ennui and needing a colonic purge, or motivated simply by
the desire for celebrity and profit.
To begin with, the author seems to be afflicted by dissociative amnesia: he
starts out with the general observation that most lawyers “behave honourably,
serving their clients, profession and community well.” But then, the
Faust theme sets in, and mastery of the law turns lawyers into amoral, then
immoral, manipulators of rules of social conduct. That’s quite a confusing
shift of thought, prompted, it seems, by Slayton’s personal experiences
(which apparently didn’t involve going to court very much, given that his
name shows up in only two forgettable cases on Quicklaw ), his wholesale
embracing of book-circuit psychologists—such as Dr. Martin Seligman—who
have lawyers all figured out, and his self-designed analysis of the
handful of lawyers who receive dishonourable mention in his book.
“Analysis” is somewhat of an overstatement. In a recent review of Lawyers
Gone Bad which ran in The Globe and Mail Books, Tim Wilbur referred to
Slayton’s “extensive research.” Indeed By my tally, the author conducted
one interview in 2002, two in 2003, nine in 2004 (most done between May
and September) and seventeen in 2005 (several by telephone). This does not
strike me as being extensive research, given the sweeping conclusions and
recommendations made by the author. The recent Stribopoulos and Yahya
article in the Osgoode Hall Law Journal on political and gender-based risks
to impartiality in the Ontario Court of Appeal reviewed every decision of
the Court between 1990 and 2003. The Bilbas article in the 2004 Harvard
Law Review on systemic problems with criminal plea bargaining examined
exhaustively volumes of statistical, social-science and legal sources. These are
examples of extensive research, and yet, in both cases, the authors reached
only very economical conclusions. Slayton, on the other hand, after a much
more modest effort, calls for an entire paradigm shift.
And that proposed shift needs a good going over. Slayton is taken with the
Clementi Report out of the U.K., which called grandly for turning over the
regulation of the legal profession to a legal services board which would report
to Parliament. Although Slayton advocates for “similar reforms in Canada”
and states that there are many good arguments for such a position, he doesn’t
see fit to present any of them. The fact is that self-government works, and
has gotten progressively better over the past twenty-five or so years: discipline
has become more transparent, innovative and proactive; continuing
competency and professional development have been promoted strongly by
governing bodies; lay participation in governance has become the norm.
On the other hand, the report-to-Parliament model has a lot wrong with
it. After all, “report to Parliament” essentially means report to government.
This strikes at the core value of independence without which lawyers
become mere creatures of the state.
Slayton’s lesser sins do not make Lawyers Gone Bad any more readable. His
book is weighted down with footnotes. As the late Fred Rodell of Yale Law
School remarked famously: “If a writer really does not need footnotes and
tacks them on just because they look pretty... then he ought to be tried
for willful murder of his readers.” In Slayton’s case, it’s murder in the first
degree, as his proofs don’t support his allegations. A case in point is the
Dan Cooper exposé. Slayton slips in a footnote to back his claim that the
corporate bar routinely overbilled their clients during the era of the Dome
Petroleum insolvency. Most lawyers I know take exorbitant billing to be
something in the order of fraud—asking for money you know you’re not
entitled to receive. And what is the evidence offered by Slayton in his
footnote to prove this damning indictment Merely a suggestion to read a
couple of books that chronicled the Dome debacle. Hard evidence, that.
Then there are Slayton’s do-you-still-beat-your-wife tendencies. After
rightly critiquing untimely reporting by the partners of disgraced immigration
lawyer Martin Pilzmaker, Slayton turns his sights on the colleagues
of exorbitant biller Robert A. Donaldson. What is remarkable to
Slayton isn’t that Donaldson’s supervisors at Blakes were tardy in their
reporting to the Law Society—in fact they weren’t, and moved quickly
to address the problem. No, the fault of the crowd at Blakes was that
they were too swift, ready to sacrifice one of their own, to use Slayton’s
terminology. Of course, it couldn’t have been because reporting was the
right thing to do, it couldn’t have been because they had an ethical obligation—to
the profession and to their clients—to do it. It must have been a
CYA exercise... damage control... spin. After all, they’re lawyers.
Then there are the gratuitous pot-shots. In dissecting the Martin Wirik
case in British Columbia, Slayton can’t help offering up morsels about a
former president and a former executive-director of the B.C. Law Society,
whose ethical stumbles were completely disconnected from Wirik’s misdeeds.
Apparently, no disgrace is too small for Slayton’s scrutiny. And yet,
one might have expected a bit more... circumspection... forebearance...
compassion... yes, compassion from a lawyer who owned up to a few—if
only a few—of his own lapses, both in the book and in his later interview
in MacLeans .
If there is one overarching deficiency in Lawyers Gone Bad, it is the lack
of originality. The insights into human fallibility are borrowed. The proffered
solutions to the problem are borrowed. Even the hubris is borrowed.
Lawyers Gone Bad is no exercise in self-flagellation. At best, Slayton presents
the perspective of a by-stander—a raconteur, two or three persons
removed from the real action. Does he concede any sense of “there but
for the grace of...” Hardly. What was in evidence was a certain level of
conceit and self-importance, reinforced in the MacLean’s and BNN interviews.
I suppose that’s one thing of his own he lent to the book.
At least it’s a quick read, and will soon be available in large quantities in
the discount bin at a Wal-Mart near you.

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40 The Society Record