Documents - Nova Scotia Barristers' Society

AGENDANova Scotia Barristers’ SocietyCOUNCIL MEETINGFriday, May 18, 2012 - 12001. APPROVAL OF AGENDA2. CONSENT AGENDA MATTERS• Approval: Minutes April 20, 2012• Resignation: David G. Giovannetti3. BUSINESS ARISING4. REPORTS• President• Executive Director• Changes in Category5. PLANNING – For Review• Annual Activity Plan 2011-2012• 12-Month Calendar6. MONITORING & COMMITTEE REPORTS• Professional Responsibility Monitoring Report - Reports/comments from PR Committee Chairs• Council Committee written reports on status of work plans - Credentials, Gender Equity,Governance and Nominating, Professional Standards (Family) to be provided, ProfessionalStandards (Real Estate), Racial Equity, Finance, Law Office Management Committee• Executive Director report on Liaison Activities7. MATTERS FOR REVIEWa) Matter: Organizational Review – Equity OfficeMaterial: Plan for completion of review, clarification of the Society’s equity workand introduction of performance measurementAction: Approvalb) Matter: Annual Activity Plan 2012-2013 – T. Daley QC to leadMaterial: Draft Annual Activity Plan 2012-2013Action: Approve 2012-2013 Activities in Strategic Plan and Activity Plan

c) Matter: 2012-2013 Committees – T. Daley QC to leadMaterial: Memo from Executive Committee and current Committee ListAction: Discussd) Matter: Code of Professional Conduct – Amend Conflict of Interest Rule –David McNairn to leadMaterial: Memo from CPCWG with Code language and items to be referred to the FederationAction: Approvee) Matter: Committee Reports – D. Pink to leadMaterial: Credentials, Gender Equity, Governance and Nominating, Professional StandardsFamily), Professional Standards (Real Estate), Racial Equity, Finance, Law OfficeManagement CommitteeAction: Review and discussf) Matter: Lawyers Fund for Client Compensation – Claim against Mark David –Harvey McPhee QC to addressMaterial: Memo from LFCC CommitteeAction: Approve recommendationg) Matter: Professional Standards (Real Estate) Amendments to Standard 2.1Material: Memo M. McGrath, Standard AmendmentsAction: Introduction8. REPORTING9. ANY OTHER BUSINESS10. FOR YOUR INFORMATION• Minutes – Executive Committee April 13, 2012• Article - July 12, 2011, Go ahead, sue me - I have insurance, by Jeff Gray, Tara Perkins• Article - Edmonds tells lawyers to get off their high horse about non-lawyers’ impact on theirethics11. FUTURE MEETING DATES• Friday, June 15, 2012 – 11:30 am lunch – meeting at 12:00• Friday, June 15, 2012 Council Dinner 6:30 pm, The Prince George Hotel• Saturday, June 16, 2012 - Annual Meeting – Schulich School of Law

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Page 4 of 198MINUTESNova Scotia Barristers’ SocietyCOUNCIL MEETINGFriday, April 20, 2012 – 12:00Present:Daniel Campbell QC PresidentRenė Gallant Second Vice-PresidentDarrel Pink Executive DirectorDean Kimberley BrooksChrista BrothersLynn Connors QCAleta CromwellGavin Giles QCErin O’Brien Edmonds QCLora MacEachernWilliam MahodyDavid MahoneyCandee McCarthyDavid W. McNairnNaiomi MetallicKenneth NasonJill PerryJohn Traves QCCatherine Walker QCAlonzo WrightRegrets:Timothy Daley QC First Vice-PresidentRonald Downie QCGeorge MacDonaldDarren MacLeodAnnette MarshallStaff:Marla CranstonEmma HalpernGlen GreencornJackie MullengerShirley Shane RecordingJohn Traves QC was welcomed as the interim representative of the Attorney General on Council.1. APPROVAL OF AGENDAAt the request of a member of Council, the President agreed to move item 7 f) CouncilPolicies 6 and 16 – Elections to allow for better flow from e) Role in Administration ofJustice to g) the Organizational Review, Equity Office.2. CONSENT AGENDA MATTERS• Minutes March 23, 2012• Provincial Judicial Appointments Advisory Committee – Julia E. Cornish QC• Amendment to regulation 5.5.2 – Undertaking for Non-practising Members• Resignation – Ms. Kathryn Mary Helena Edmunds

Page 5 of 198UPON MOTION (McNairn/Mahoney) it was revolved to adopt the agenda as presented withan edit to the March 23, 2012 Minutes.Motion approved.3. BUSINESS ARISING4. REPORTS• President• Executive DirectorIn addition to his written Report, Darrel Pink advised that:o 51% of lawyers have completed assessment of the mandatory Nova ScotiaBarristers’ Society Code of Professional Conduct online;o as of April 20, 40.3% of the membership voted in the Second Vice-Presidentelection;o the Family Law website will be demonstrated to Council at its May 18 meeting;o an additional Council meeting is planned the afternoon of June 15 to include thediscussion of the 2012-2013 Activity Plan facilitated by Tim Daley, followed by aCouncil dinner.• Changes in Category5. PLANNING – For Review• Annual Activity Plan 2011-2012• 12-Month Calendar6. MONITORING/LIAISON REPORTSNone7. MATTERS FOR REVIEWa) 2012-2013 Budget and fees (including LIANS Levy)Glen Greencorn, Director, Finance and Administration, reviewed key assumptions in hisApril 16, 2012 memo Budget 2013-Draft 4. A discussion followed specifically related toSalaries and Benefits and funds included for the development of outcome measurement.The budget incorporates the recommendation of the Executive Director that a portion ofsurplus reserves be returned to practicing lawyers in the form of a fee credit.In response to a query on staff salary increases, the Executive Director advised thatsalaries had been adjusted based on the report of a consultant who was hired to reviewthe market relative to Society salaries; a market comparison will be completed everythree years.UPON MOTION (Mahody/Gallant) it was resolved to approve the 2012-2013 Budgetand fees as presented.Motion approved.

Page 6 of 198LIANS Insurance Levy 2012-2013Melanie McGrath summarized the April 17, 2011 Memorandum to Council. As theexcess surplus is distributed back to insured lawyers, it is expected there will be a steadyincrease in the annual insurance levy to the point where the excess surplus is depletedand the annual levy represents 100% of the true cost of the insurance coverage.UPON MOTION (Mahody/Perry) it was resolved to approve the LIANS Levy asoutlined in Reg. 4.7.1.Motion approved.b) Annual Lawyer ReportGlen Greencorn addressed the amendment to Reg. 4.1.2 that brings consistency to thelanguage of the regulations and renames the Annual Member Report as the AnnualLawyer Report.UPON MOTION (Brothers/Cromwell) it was resolved to approve the amendments toReg. 4.1.2Motion approved.The form of Annual Lawyer Report for 2012 as per Reg. 4.1.2 was provided. The Reportwill be available to lawyers to complete online.UPON MOTION (O’Brien Edmonds/Mahoney) it was resolved to approve the AnnualLawyer Report for 2012 as presented.Motion approved.c) Implementation of Mandatory Continuing Professional DevelopmentJackie Mullenger’s March 19, 2012 memo identified the items that need to be in placebefore the implementation of the mandatory CPD requirements. They include 1)regulatory framework, 2) administrative framework, and 3) a communications plan.Once data has been collected and analyzed staff will present their findings to Council.She advised that the FAQs have been consolidated into a handbook to be made availableto members on the Society website.Rationale for proposed amendments to Reg. 4.1.2 with respect to the obligations ofpractising lawyers to complete continuing professional development was provided.UPON MOTION (Mahoney/Perry) it was resolved to approve the amendments to Reg.4.1.2 with two edits.Motion approved.Additional amendments to the list of approved CPD activities will be brought back toCouncil at a future meeting.d) Amendments to Professional Standards 3.11 (Real Estate)

Page 7 of 198Erin O’Brien Edmonds QC addressed the proposal for amendments to the Real EstateStandard 3.11 relating to Bankruptcy and Receivership that was completed followingconsultation with members.UPON MOTION (Edmonds/Metallic) it was resolved to approve the Amendments toReal Estate Standard 3.11 as presented.Motion approved.e) NSBS Role in Administration of Justice – Proposed Policy AmendmentsFurther to his April 20, 2012 memo, Rene Gallant articulated the proposed amendmentsto Policy 2 – Council’s Roles and Council Policy 18 - Executive Director arising fromthe March 23 workshop.UPON MOTION (Gallant/Traves) it was resolved to approve the Policy Amendmentswith edits. (Attached)Motion approved with one opposition.f) Council Policies 5 and 16 – ElectionsDarrel Pink reviewed the recommendations made by the Governance & NominatingCommittee relating to the role Council members and committees may play in Societyelections.UPON MOTION (McNairn/Cromwell) it was resolved to approve amendments toCouncil Policies 5 and 16.Motion approved.g) Organizational Review – Equity OfficeDarrel Pink’s memo of March 22, 2012 contained recommendations to Council:1. There would be an approved mandate for the Society’s Equity Office;2. Council considers the development of outcomes measurement as a means for evaluationSociety programs, starting with the Equity Office;3. Council considers the development of a skills and needs matrix for both the GEC and RECand directs the 2 committees to undertake this work, in conjunction with the ExecutiveDirector and the Executive Committee with a report to be brought to Council in September2012;4. The Terms of Reference of the Racial Equity Committee and Gender Equity Committeewill be reviewed by each of the committees to ensure that their work is focused on theSociety`s purpose, with a report to be brought to Council in September 2012;5. As Council’s policy work on the Society’s efforts to improve the administration of justiceis advanced, the Executive Director must present to Council an outline of the resources thatwill be required to undertake this work and the costs associated with them.Candee McCarthy commented that according to the role of the Racial Equity Committeeand the Gender Equity Committee as outlined in the Society’s Activity Plan, thesecommittees should have been consulted in the Equity analysis but were not. ReneGallant confirmed they will be consulted.

Page 8 of 198Dean Brooks emphasized the importance of the Equity Officer’s participation at eachstep of the way while these discussions are ongoing.There was a discussion about whether the use of both terms “Equity Officer” and“Equity Office” creates some confusion. Clarification of this will be a part of thecontinuing process.It was agreed that the Executive Director will prepare a plan that outlines how therecommendations will be addressed, what has taken place, and a timeline of next steps.This will be submitted to Council in May.8. REPORTINGNo reports9. ANY OTHER BUSINESSNo other business10. FOR YOUR INFORMATION• March 20, 2012 Letter to Department of Labour re draft Foreign Worker Regulations• Report from John Hunter, President of the Federation of Law Societies of Canada11. FUTURE MEETING DATES• Friday, May 18, 2012 Meetings commence at 1200 with lunch available at 11:30 am• Friday, June 15, 2012 - time to be determined• Friday, June 15, 2012 - Council Dinner 6:30 pm, The Prince George Hotel• Saturday, June 16, 2012 - Annual Meeting (Schulich School of Law)

Page 9 of 198Amendments to Council Policies regarding the administration of justicePolicy 2 – Council’s Roles2.4 To fulfill its role and its governance responsibilities, Council shall:2.4.1 Set the Society’s strategic directions following periodic review;2.4.2 Approve the Society’s annual activity plan;2.4.3 Approve the Society’s annual budget, a policy on reserve funds, and receive regular financialreports from the Executive Director;2.4.4 Promote and practice effective governance and evaluate its own effectiveness;2.4.5 Perform all functions assigned to it by the Legal Profession Act, the Society’s regulations andthese policies;2.4.6 Oversee the development of standards that the Society is required to develop pursuant to Section 4of the Act;2.4.7 Appoint and receive reports from committees, task forces and representatives to outside bodies asrequired;2.4.8 Ensure that the terms of reference for committees and task forces are current and relevant and thatvolunteers are appropriately engaged in order to assist Council in carrying out its role;2.4.9 Hire and oversee the performance of the Executive Director;2.4.10 Be fully informed, through regular briefings and ongoing dialogue with diversity seeking groups,of the trends affecting the administration of justice and the legal profession and the risks facing theSociety, and Council will use that information to develop initiatives and partnerships that have as anobjective the improvement of the administration of justice where the Society can effectively use itsresources to respond to identified issues and needs;2.4.11 Approve an external relations policy and a communications policy; and2.4.12 Engage the membership with regard to the work of the Society.[NEW]2.5 To seek to improve the administration of justice Council shall:2.5.1 Identify and then seek to eliminate barriers to entry to the legal profession from members ofhistorically disadvantaged communities;2.5.2 Encourage and facilitate retention of lawyers from historically disadvantaged communities;2.5.3 Encourage and facilitate access to leadership roles of the profession and the Society frommembers of historically disadvantaged communities.

Page 10 of 198[NEW]Administration of Justice18.27 The Executive Director shall ensure that Society regulations are regularly reviewed to identify anywhich impact access to legal services, and that Council is informed of the result of each such review,with options as appropriate to address any identified regulation or gap in regulation.

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Page 12 of 198President’s Report – April/May 2012April 20 – Barb Campbell retirement receptionApril 20 – Bar CouncilMay 3 – Governance and Nominating CommitteeMay 3 - Senior staff salary reviewMay 4 – Managing Partners meetingMay 4 - Executive Committee meetingMay 18 – Bar Council

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Page 14 of 198Executive Director ReportMay 18, 2012Key NumbersSince my last report in April, there have been no new admittees to the Bar. As of May 9, 2012, there are 1900practising lawyers (April number was 1903) and 738 non-practising members (742 in April).There is an obligation on all practising lawyers to complete an assessment on the new Code of Conductwhich came into effect on January 1, 2012. To date of the 1953 Assessments that had to be completed prior tothe April 30, 2012, 1894 have been completed or waived: 1894/1953 = 97.0%. There are 59 outstandingassessments. All Council members have completed the assessment. I will report to you monthly on thesenumbers.In June, we have our largest Call to the Bar Ceremony. There will be 49 new lawyers admitted on that day.Since June 1, 2011, we have admitted 81 lawyers - 65 were articled clerks and 16 were transfers.Code of Conduct Assessment.After considerable reminding and pushing, by the end of April only 58 lawyers had not completed the Codeassessment. They will be subject to a surcharge on their annual fee billing.Annual ReportAll Committee Chairs and responsible staff have been asked to prepare for submission to Council, a report ontheir work Plan for the year. This will assist in the preparation of reports for the Annual Report which will go topress in early June in time for the Annual Meeting. Most of these will be before Council in May.Annual MeetingThe Schulich School of Law at Dalhousie University will be conducting an education program immediatelyfollowing the Annual Meeting that will provide all lawyers who attend with two hours of CPD credit. This is avery worthwhile relationship with the University and one that we hope we can build upon.I have been requested to reprise a presentation I did earlier this year for the Law Society of Alberta on ‘TheRevolution in the Delivery of Legal Services’. It is a reflection on the rapid pace of change the profession isundergoing, particularly in England and Australia but I also look at a number of new approaches being offeredin Canada.Information regarding the Meeting and Program was distributed on May 7. Registrations began immediately.Code of Professional ConductOn its agenda in May, Council has the Conflicts of Interest provisions of the Code of Professional Conduct forits approval. This started with the Federation’s introduction of new language last year, broad circulation to theprofession in Nova Scotia followed by detailed consideration of the matter by all the larger private firms in theprovince. The Society received a detailed submission from them ( about 500 lawyers practice in the firms thatcommunicated with us) which was carefully reviewed by the Code of Conduct Working Group. Its response tothe submission fell into 3 categories – agree and propose an amendment to the Model Code provision; agree butbelieve the matter ought to be amended in the Model Code and therefore send the matter to the Federation for itsconsideration; or disagree. The CPCWG met with representatives of the firms to discuss the matter and in lightof that discussion, made a further change to its recommendations to Council.In the material before Council today, there will be a memo from the CPCWG that recommends adoption of thenew Conflicts provision and referral of a number of matters to the Federation.

Page 15 of 198This has been a very valuable consultation and sets the stage for a wider input from lawyers across the provinceon ethical issues and for a higher level of discourse that will be good for the Society and the profession.Reporting Matters to the PoliceTwo members of Council have requested that this matter be brought to Council for discussion. It will be onCouncil’s June agenda

Page 16 of 198Alternate Business StructuresWe have provided information to Council over the last number of months on the development of the ABS inEngland. The first three licences for ABSs have been granted. Two of them were granted to small firms; one toallow a non-lawyer spouse to become a partner of a firm for estate and personal finance reasons; the second wasto allow a non-lawyer business manager to become a partner in a small firm and the third was to allow the Cooperators,a large finance organization, to provide legal services which it has been doing for its members forsome time. It is this last one which constitutes the most significant development. The Co-operators has indicatedthat it intends to hire several hundred solicitors to offer a wide range of legal services to both its members andthe public.BC Court of Appeal DecisionThere was recently a very interesting decision out of the BC Court of Appeal that Council members may find ofinterest. Below is a summary of the decision as it relates to solicitor-client privilege and lawyers’ trust accounts.Trust account ledgers are not presumptively privileged according to a majority of the court in Donellv. GJB Enterprises Inc., 2012 BCCA 135, a case concerning the scope of solicitor-client privilege andthe application of Maranda v. Richer, 2003 SCC 67 in a non-criminal context and to financial recordsother than fees. In this case, a Receiver sought production of a law firm's trust records concerning aclient who operated a Ponzi scheme. The appeal court ordered production of only those trust recordswhich did not relate to communications to obtain legal advice, but "merely... to money managementand...the movement of funds held in trust into and out of investment vehicles." The majoritysummarized its views at para. 59:1. at a minimum, Maranda establishes that lawyers' bills, in the criminal law context, arepresumptively subject to solicitor-client privilege;2. this presumption flows from the connection between lawyers' bills and the nature of therelationship between lawyers and clients; the account reflects work done on behalf of the client whichinvolves communications that are privileged;3. the presumption may be rebutted if it is established that there is no reasonable possibility thatdisclosure will directly or indirectly reveal any communications protected by privilege;4. Maranda did not do away with the distinction between communications, which are privileged, andfacts, which are not;5. other financial records of lawyers are not presumptively subject to solicitor-client privilegeinsofar as they merely represent records of actions or facts, but they should not be producedautomatically solely for that reason;6. Maranda mandates that it is necessary to consider such records in order to determine whether theyarise out of the solicitor-client relationship and what transpires within it, that is, communications toobtain legal advice;7. if it is concluded that the records do arise out of that relationship and what transpires within it,they are presumed to be privileged, but the privilege can be rebutted and the document produced if itis established that production will not permit the deduction or acquisition of communicationsprotected by solicitor-client privilege.One judge dissented, finding that solicitor-client privilege protects "all information arising out ofsolicitor-client relationships whatever may be their legal context" and noting how difficult it is "tosegregate single professional acts from the complex of facts, events, and communications thatcharacterizes ongoing solicitor-client relationships." (paras. 94 and 100).

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Page 18 of 198Changes in Category ReportFrom April 13, 2012 to May 9, 2012Category Change to Non PractisingCategory Change to SuspendedMs. Angèle BilodeauMs. Jacqueline Marie BoucherMr. Michael Eugene DeturbideMr. Michael J. IosipescuDeceasedMr. Ian Richard SinclairMr. Donald John Stevenson, QCMr. Andrew Mark WaughMr. Donnie DoucetMr. Donald Gordon PeverillMs. Margaret Anne M. Shears, QCCategory Change to PractisingMs. Ruth Marie BaileyMr. J. Gregory ClooneyMr. Jonathan William HooperMr. Mitchell Paul LeBlancMs. Heather Dawn MacDonaldMs. Christy Anne MackayMr. Calum Joseph MacLeodMr. James Michael Peter McGonnellMs. Heather Ann ShieldsCategory Change to ResignedMs. Kathryn Mary Helena EdmundsCategory Change to RetiredMs. Marion HauntonMay 9, 2012 Page 1 of 1

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Page 20 of 198ANNUAL ACTIVITY PLAN 2011-2012INTRODUCTIONThe Activity Plan for 2011-2012 outlines those activities that Council has mandated to address the initiativesapproved by Council in furtherance of its Strategic Plan. Council will also monitor certain activities that areassigned to the Executive Director. As well Council Committees will carry on with their regular work in accordancewith their Terms of Reference and work plans that will be approved by Council.INTERPRETATION‘SD’ reflects the Strategic Directions to which the activity relates. Those initiatives which have been identified inthe 2010-2013 Strategic Plan and in particular the approved initiatives for 2011-2012. Those that cannot becompleted in 2011-2012 are noted as Year 2 activities.SD 1 – EXCELLENCE IN REGULATION & GOVERNANCEActivity 1.1 – Code of Professional ConductImplement Code of Conduct including membereducationOutcome – The Model Code is adopted as the newCode of Professional Conduct for Nova Scotia lawyers,with appropriate member education and on-line access.Responsibility – Model Code Task Force, PR staff,L&IS staff, CouncilSeptember – Preparation for the assessment andeducation program are underway. Though therehas been some delay from the Federationregarding the conflicts of interest rule, the plan isstill on track for coming into force on January 1.November – The on-line assessment has beenlaunched, following testing by several volunteers.Education is being offered to County Bars andothers. Main tools are written material.January – The FLSC has approved provisions forthe Model Code to address conflicts of interest.The FLSC report will be considered by the Code ofConduct Committee (formerly the Model Code TF)and recommendations on process and adoptionwill be forthcoming.February - consultation ongoing; expectingsubmission from ‘managing partners group’; will beon Council’s April agendaMarch – Still planning for April at Council.Submission received from a managing partnersgroup.April – WG has completed its review. Discussionswith firms which made submission about whethera meeting is required. Will report to Council in MayMay – Conflict Rule will be presented to Councilfor approvalActivity 1.2 – National StandardsWork towards the national harmonization of admissionand discipline standards and the accreditation of lawschoolsOutcome –There is greater harmonization of keySeptember - Admissions standards are beingdiscussed at the Federation Conference inSeptember. Discipline standards, in draft, areexpected this fall. The Society has had input intoboth projects

Page 21 of 198regulatory standards among Canada’s law societies.Responsibility – A&PD staff, PRPPC andCredentials Committee, FLSC C’teeNovember – Little local input yet in to the 2Federation projects dealing with Discipline andAdmissions. In both areas testing of the draftstandards is taking place over the next fewmonths.January – No changeFebruary – Council being asked to endorse NSBSparticipation in national discipline standards pilotproject.March –No changeApril –Admissions Standards - FLSC will besurveying all lawyers

Page 22 of 198Review regulatory issues affecting lawyers withdrawingfrom practice and in particular the requirement totransfer real estate filesOutcome – There are in place rules that appropriatelybalance the need to maintain file information and thepractical difficulties faced by lawyers leaving practiceResponsibility – ED, WG, CouncilThis activity is to be done in conjunction with 3.4.November – A meeting of the Rural Practice WGto begin discussions on this topic has beenscheduled for November.January – C’tee met in December and examined anumber of issues with the RPM ManagerFebruary – RSEM Consulting ( from St.FX)conducting survey and preparing report on ruralpractice issues which will impact retirementconsiderationsMarch – C’tee is meeting regularly.April – no updateMay – no updateActivity 1.6 – NSBS Programs and Activity ReviewContinue to ensure NSBS organizational structurealigns with its roles, strategic objectives and fiscalrealities and refine decision making mechanismOutcome ─There is a plan in place to review allSociety programs and activities with authorities fordecision making delegated or reserved by CouncilResponsibility – ED, Executive, CouncilSeptember - Programs identified for review includethe Equity Office, Communications and Libraryand Information Services. Working groups arebeing assembled and background materialdeveloped.November – WGs to review Library andInformation Services, the Equity Office and theSociety’s Communications have been establishedand meeting dates set for Nov and Dec.January – L&IS report before Council in January,scheduling WGs for Equity Office andCommunications reviewsFebruary – Equity Office review has begun. Reportto Council in MarchMarch –Communications review will start inApril/MayApril – Equity Office review before Council in April.Work on communications being scheduled for MayMay – Council has a work plan for moving forwardwith Equity reviewActivity 1.7 ― ElectionsThere is a review of the Society’s election process andregulationsOutcome – There are clear policies and regulations inplace to ensure a fair election processResponsibility – ED, Governance & Nominating,CouncilSeptember – The G & N Committee has begun itslook at this issue.November – OngoingFebruary - G&N C’tee looking at a variety ofissues for Council consideration. Has developedguidelines for elections and recommendationsMarch – Expect recommendations by MayApril – G&N C’tee has completed its work and willbe reporting to Council in MayMay – Changes to election regs, as recommendedby the G&N C;tee, to be introduced

Page 23 of 198SD 2 – ENHANCING LAWYERS’ COMPETENCEActivity 2.1 – Continuing Professional Development RequirementImplement Continuing Professional DevelopmentrequirementsOutcome – Council approves the regulatory andprogram regime to implement the CPD requirementsand the nature of communications with lawyersResponsibility – ED (A&PD staff), CPDWG, CouncilED to present a work plan to Council in SeptemberSeptember – A staff shortage in A&PD havecaused some delay in beginning this work. Planwill not be ready until later in September orOctober.November – The work plan is being presented toCouncilJanuary – Moving forward with work planFebruary –March – Working Group has met to assist staffwith a number of implementation issues. Memowill be before Council with RegsApril – On April Council agendaMay – Revised list of CPD requirements will beintroduced at CouncilActivity 2.2 – Refocused role in CPDEnsure availability of professional development inareas as required by the Society’s purpose and rolesOutcome – Council approves the Society’s refocusedrole in CPD and ensures information regarding a widevariety of CPD and continuing legal education will beavailable to lawyers.Responsibility – ED ( A&PD staff), CouncilED to present a work plan to Council in SeptemberSeptember - A staff shortage in A&PD havecaused some delay in beginning this work. Planwill not be ready until later in September orOctober.November – The work plan is being presented toCouncilJanuary – Moving forward with work planFebruary –March - Same as aboveApril – In developing 3012-13 Activity Plan,Council determined that any detailed review of theNSBS role in delivering CPD will wait until 2013Activity 2.3 – Standards – Law Office ManagementCommence development of Law Office ManagementPractice StandardsOutcome ─A plan is developed and researchundertaken for Council’s policy directionResponsibility – ED (LIANS/RPM), Committee,CouncilSeptember – Gavin Giles QC has agreed to chairthis committee. A project plan has been prepared.Research over the summer has assisted inscoping possible work. A group will be assembledshortly and begin this work in earnest.November – Draft ToR for this new committee willbe presented to Council. Recruitment of committeemembers is underway. Committee will develop aproject plan for this work.January – Committee ToR approved; committeemembers being recruited, to be appointed byCouncil in JanuaryFebruary – New committee holding initial meeting

Page 24 of 198this month, will develop work plan for CouncilMarch – Preparation of work plan is underwayApril – WP approved by Council in March, c’teemoving forward with it.SD 3 – ADMINISTRATION OF JUSTICEActivity 3.1 – The Society’s role in the Administration of JusticeDetermine how the Legal Profession Act’s newlyenacted purpose clause should impact Society’sadministration of justice workOutcome – Council approves a policy and plan thatconsiders the new provisions of s 4(2)(d) of the LPAResponsibility – ED, Executive, WG, CouncilSeptember – Plans are being developed for aCouncil workshop in November to scope out theapproach to this task.November – Workshop taking place at CouncilmeetingJanuary – Memo to Council with results ofNovember discussions; workshop planned forFebruaryFebruary – Council workshop to be held thismonthMarch – Material will presented to Councilfollowing the February workshop.April – Further discussion of policy will be beforeCouncil in AprilActivity 3.2 – Enhancements to Family Law ServicesWork to improve access to Family Law services in theProvinceOutcome – The Society plays a facilitative role in thedevelopment of province-wide family law services andresources.Responsibility – ED ( Equity Officer), Family Courtand Supreme Court (Family Division) LiaisonCommittees, Access to Justice Working Group,Expansion of Family Division WG, DOJLC, CouncilSeptember – There have been several high levelmeetings and discussions with the Department ofJustice. An oral update will be provided to Council.November – work on expansion of family Divisionhas been ongoing; NSBS is participating in DoJFamily Law Reform projects, access to justiceinitiatives to be presented to Joint Meeting inNovemberJanuary – work is ongoing.February – Access to Family Justice websiteunder development with multiple stakeholdersMarch – No updateApril – Focus has been on development of NSFamily Law website, in conjunction with DoJ andothers. Will be presented to Council in MayActivity 3.3 – Collaboration with StakeholdersEnhance level of collaboration between NSBS andjustice stakeholdersOutcome – There is effective and ongoing dialogue andliaison with AJEFNE, CBA, LISNS, senior provincial andfederal justice officials, the courts, the PublicProsecution Service, Nova Scotia Legal Aid and otherorganizations, committed to improving the administrationof justice, as may be identified by the President, theSeptember – Meetings with most identifiedstakeholders are scheduled for the coming monthsand for the remainder, they will be arranged nowthat summer is over.November – Executive met with AJEFNE inOctober. Other meetings being scheduledJanuary – OngoingFebruary – ongoingMarch – meetings ongoing – Scheduling County

Page 25 of 198Executive Director, or Council.Responsibility – ED, OfficersBar meetings for the springApril – Met Pictou Bar, Law Reform Commissionand Federal DoJ and PPSActivity 3.4 – Access to Legal Services – Rural PracticeCouncil considers the Society’s role and if appropriatesteps are taken to encourage lawyers to locate andremain in rural communities to practise law.Outcome – There is an understanding of what theissues are and what the Society might do to addressthem.Responsibility - ED, WG, CouncilSeptember – Initial discussions have begun andthe WG is looking at making a request for someuniversity based research assistance.November – WG has begun its work – a researchproject is being undertaken for the committee bystudents at St FX University; membersparticipating in recruitment at Dalhousie;Lunenburg County Bar sponsored a conference onrural practice issuesJanuary –February – RSEM Consulting ( from St.FX)conducting survey and preparing report on ruralpractice issues which will impact retirementconsiderationsMarch – Surveys of lawyers and students beingundertaken by consultants. Their report tocommittee expected in AprilApril – Repost of student consultants presented toc'tee on April10. Recommendations beingconsidered by c’teeActivity 3.5 ― NSBS Equity OfficeReview the Society’s Equity Office to clarify its goalsand role including the role in joint efforts to ensureemployment equity in the legal professionOutcome – Council approves role and purpose of theSociety’s Equity OfficeResponsibility – ED (Equity Officer), Racial andGender Equity Committees, CouncilSeptember – This will be scoped out and begunthrough September and OctoberNovember – program review scheduledJanuary – Monitoring Report to Council in January,will serve as background for Organization reviewMarch - - ED’s report to Council will be presentedin MarchApril – Memo from ED before Council in AprilMay – work plan for advancing matter beforeCouncilActivity 3.6 – Development of LegislationWork to improve the processes used by government todevelop, enact and amend primary and secondarylegislation.Outcome – Council determines what the Society’s roleis in this area and approves policies accordinglyResponsibility – Executive, WG, CouncilSeptember -November – President, Past president and EDhave begun to scope out work and seeking adviceon how issue might best be advancedJanuary – Communications sent to L. Preyra,MLA; Executive discussing follow-up strategyMarch - - Nothing new to report – Matter wasraised in recent meeting with the Minister ofJusticeApril – No activity – In considering the 2012-13Activity Plan, Council determined not to devoteany specific additional resources to this.

Page 26 of 198Activity 3.7 – Review LRA AgreementReview, and if appropriate, renegotiate the terms of theLand Registration Act Agreement with Service NovaScotia and Municipal Relations to ensure theAgreement reflects the required responsibilities andexpectations of the NSBS, LIANS and SNSMR toachieve and maintain integrity within the LandRegistration system in the public interest.Outcome – the LRA Agreement clearly reflects therequired responsibilities and expectations of the NSBS.LIANS and SNSMR to achieve andmaintain integrity within the Land Registrationsystem in the public interest.Responsibility – ED ( Dir. LIANS), LRA ManagementCommittee, CouncilSeptember – This work is ongoing.November – no developmentsJanuary – no changeActivity 3.8 – Collaborative Library ServicePromote the development of a collaborative libraryservice for DOJ, courts and lawyersOutcome – There is an effective, efficient andadequately-resourced law library serving the DOJ,Courts and lawyers.Responsibility – ED (L&IS staff), DOJLCSeptember – Response from the Department to animmediate effort in this area has not been positive.Therefore Library and Information Services will bereviewed under the Decision Matrix.January – Report from Executive Director beforeCouncil in January

Page 27 of 198OTHER MATTERSNOT PART OF ANNUAL PLAN BUT REQUIRING REPORTING AND POSSIBLE APPROVAL BY COUNCILRollout new website –Review all NSBS Regulations – Numerous grammar, stylistic and consistency issues have been identified thatmerit a complete review of the Society’s regulation with a view to republishing themNSBS Events – There will be a review and report to Council that addresses the Society’s role in events that aredesigned to encourage collegiality among lawyers and among lawyers, the judiciary and other decision makers. Inparticular consideration will be given to the nature of the Society’s Annual Meeting, Bench and Bar events/dinnersand other eventsCrown Real Estate Issues – Follow-up on a range of identified issues regarding Crown LandsSignificant Operational Issues –HR Policies Review – Implement recommendations from HR Policies ReviewNSBS Move – The Society offices will likely move to Scotia Square in April 2012; lease negotiations are nearlycomplete; space design is underway together with furniture selection and other necessary mattersNSBS Portrait collection – Initial discussions about whether ownership of this collection could be vested in theProvince where there are proper resources for preservation and required restoration.YEAR TWO• Enhance trust account regulation compliance by members through research, assessment of risk andeffectiveness of current risk management tools• Collaborate with other law societies and local regulators to conduct training program to enhance self -regulatory processes• Examine the at-large seats on Council, the process for nomination and election and clarify role of theGovernance & Nominating Committee especially with regard to racialized lawyers and lawyers from otherunderrepresented communities• Explore further alternatives to the discipline process to address concerns with member competency• Review the Fitness to Practice program• Consider quality assurance tools and programs across Canada and assess their feasibility and value forthe Province• Consider pro bono initiatives across Canada to assess appropriate role of NSBS in providing same• Consider the public interest aspect of expanding the scope of legal services work by non-lawyers

Page 28 of 198STRATEGIC PLAN1Excellence in Regulation &GovernanceNSBS continuously improves itsgovernance and regulation of the legalprofession by acting in the publicinterest and in a manner that is worthyof respect.2010-2013 STRATEGIC DIRECTIONS2Enhancing Lawyers’CompetenceOBJECTIVESNSBS develops and implementscontinuing professionaldevelopment requirements toassist lawyers in meeting theirduty to be competent.3Administration of JusticeNSBS works to improve theadministration of justice and access tothe justice system for all NovaScotiansINITIATIVES2011-12 2011-12 2011-12• Implement Code of Conduct includingmember education• Work towards the nationalharmonization of admission anddiscipline standards and theaccreditation of law schools• Continue to ensure NSBSorganizational structure aligns with itsroles, strategic objectives and fiscalrealities and refine decision makingmechanism• Review Trust Account Regulations toensure currency and effectiveness• Review regulatory issues affectinglawyers withdrawing from practiceand in particular the requirement totransfer real estate files• Implement ContinuingProfessional Developmentrequirements• Ensure availability ofprofessional development inareas as required by theSociety’s purpose and roles• Commence development of LawOffice Management PracticeStandards• Determine how the Legal ProfessionAct’s newly enacted purpose clauseshould impact Society’sadministration of justice work• Review the Society’s Equity Office toclarify its goals and role• Work to improve access to FamilyLaw services in the Province•Enhance level of collaborationbetween NSBS and justicestakeholders•Promote the development of acollaborative library service for DOJ,courts and lawyers• Work to enhance availability of legalservices in the Province’s ruralcommunities• Work to improve the processes usedby government to develop, enactand amend primary and secondarylegislation.YEAR 2 YEAR 2 YEAR 2•Enhance trust account regulationcompliance by members throughresearch, assessment of risk andeffectiveness of current riskmanagement tools• Consider quality assurance toolsand programs across Canadaand assess their feasibility andvalue for the Province• Consider pro bono initiatives acrossCanada to assess appropriate roleof NSBS in providing same• Consider the public interest aspectof expanding the scope of legal

Page 29 of 198• Collaborate with other law societiesand local regulators to conducttraining program to enhance self -regulatory processesservices work by non-lawyers• Examine the at-large seats onCouncil, the process for nominationand election and clarify role of theGovernance & Nominating Committeeespecially with regard to racializedlawyers and lawyers from otherunderrepresented communities• Explore further alternatives to thediscipline process to addressconcerns with member competency• Review the Fitness to PracticeprogramApproved by Council May 20, 2011

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Page 32 of 198MEMORANDUM TO COUNCILFrom:Victoria Rees, Director of Professional ResponsibilityDate: May 10, 2012Subject:Professional Responsibility Monitoring Report – Executive SummaryFor: Approval IntroductionInformationXExecutive Summary:The purpose of this report is to inform Council about the responsibilities and work of theProfessional Responsibility Department (PR) through 2011/2012, providing three-yearcomparisons where possible, and to identify trends with regard to complaint matters.The PR Department is responsible for the following regulatory and compliance matters:‣ Complaints intake, mediation/resolution, dismissal and letters of advice‣ Complaints investigation‣ Prosecutions and hearings‣ Fitness to Practise Program‣ Trust account regulation breaches, Trust Audit Program, and unclaimed trust fundapplications‣ Monitoring bankruptcies and judgments‣ Unauthorized practice investigations‣ Ethics education and advice‣ Custodianships and receiverships‣ Lawyers’ Fund for Client Compensation claimsThe 2011/2012 budget for PR was $1,263,353. The actual expenses are forecast to be belowbudget by approximately $176,215, for a total of $1,087,138.37% of the total expenditures related to external legal and other professional services includinginvestigations, audit, prosecutions, custodians and receivers (reduced from 47% in 2008/2009,

Page 33 of 19845% in 2009/2010, and 43% in 2010/2011) ; and 47% related to staff salaries and benefits (up 3%from 2009/2010 and 2010/2011).Through efforts to streamline the complaints process and better manage public expectations:• Written complaints without merit continue to be reduced• Complaints calls requiring staff response continue to be reduced• The length of time to prepare dismissal letters (including those with no lawyer response,1 or 2 lawyer responses, as well as Letters of Advice) has decreased significantly from anaverage of 142 days to an average of 47 daysThe number of complex investigations has remained stable compared with last year, from anaverage of two per year five years ago, to eight under investigation over the past 12 months(compared with nine last year). Of these eight, four involved fraud (compared with five last year)while none included theft (compared with three last year), three involve member criminal chargesand convictions (compared with one last year), and three involved issues of significant conflict ofinterest (same as last year).In addition to the ‘routine’ work above, the PR Department undertook the following initiatives:‣ Implemented the new Code of Professional Conduct including development and deliveryof training across the province, and the mandatory on-line assessment‣ Collaborated with SNSMR to deliver a full day Mortgage Fraud Symposium‣ Worked with the Federation of Law Societies Discipline Standards Committee to finalizeand begin implementation of national benchmarks and standards, as part of a two yearpilot project‣ In preparation for the office move, reviewed, culled, scanned and reduced files from 28drawers to 11‣ Supported three PRPPC special subcommittees working on initiatives involving reviewof thresholds for counsels/cautions/consents to reprimand, review of processes and therole of the Review Subcommittee, and review of all hearing-related processes includingdevelopment of a new proceedings management process to reduce delays‣ Reviewed of Part 9 (professional responsibility) and Part 10 (trust accounts) of theRegulations and facilitated review of the uniform trust regulations with AtlanticProvinces

Page 34 of 198Analysis:A. IntroductionThe Professional Responsibility Department manages the Society’s key public protection andregulatory risk management processes and tools. We are, in effect, responsible for ensuring thatmembers comply with the Legal Profession Act and Regulations, the Legal Ethics Handbook, theNova Scotia Barristers’ Society Code of Professional Conduct, and, where applicable, the LandRegistration Act, the Real Property Practice Standards and the Family Law Practice Standards.Sections 33 to 55 and Part 9 of the Regulations set out the authority of Committees and staffwith regard to complaints, investigations and hearings. These and other relevant sections of theAct are discussed in more detail in each section below.i) Purpose and ValuesOur role with regard to compliance and public protection includes the following:i. Complaints intake, mediation/resolution, dismissal and Letters of Adviceii. Complaints investigationiii. Prosecutions and hearingsiv. Trust account regulation breaches, the Trust Audit Program, and unclaimed trust fundapplicationsv. The Fitness to Practice Programvi. Monitoring member bankruptcies and judgmentsvii. Unauthorized practice investigationsviii. Ethics education and adviceix. Custodians and Receiversx. Lawyers’ Fund for Client CompensationIn terms of the vision and values of the Society, the Professional Responsibility Department isfocused on protection of the public, and excellence in regulation. These values guide allprograms, services and work. Our role is also to enhance the competence of members and assistthem in adhering to the rules of professional conduct. A foundational principle for thisdepartment is to identify opportunities to educate, assist, monitor and guide members whereproblems have been found or reported, and to only use ‘disciplinary’ measures where required inthe public interest. What is referred to public hearing, and reported in the media, represents onlyabout one percent of the work of this department and its committees. Fairness, transparency andaccountability are key to effective regulation of members in these areas.ii)StaffThe Professional Responsibility (PR) Department staff consists of the following:Director of Professional Responsibility – Victoria ReesProfessional Responsibility Counsel – Elaine Cumming: Society in-house counsel; ethicsadvice; unauthorized practice investigations; department regulation, policy and procedurecompliance; Fitness to Practise Committee, Ethics Advisory Committee and ProfessionalResponsibility Policies and Procedures Committee (PRPPC) professional support

Page 35 of 198Officer, Complaints and Investigations – Catherine Turcotte-Roy: mediations andinvestigations, Lawyers’ Fund for Client Compensation (LFCC) support, complaints intakeand assessment, CIC support, case digestsOfficer, Compliance – Kristene Handley: complaints intake and assessment, mediation anddismissal, case digests, PR operational policies and procedures, CIC supportProfessional Responsibility Administrator – Mhairi McInnis: trust account regulationscompliance; trust audit program; PR administrative policy and procedures development;bankruptcies and judgments; Hearing Committee supportExecutive Assistant to Director – Donna Edmunds: file and records management; reportcreation; Complaints Investigation Committee (CIC) and Fitness to Practise Committeeadministrative supportProfessional Responsibility Assistant – Christal Marchant: department administrationsupport including trust accounts exceptions and audit, Review Subcommittee support, dataentry, file managementiii)Committees and VolunteersThe PR Department supports a number of key Society committees and volunteerfunctions:Complaints Investigation Committee (CIC) – meets regularly 8 - 10 times per year plus 3-6special or emergency meetings; reviews staff and counsel complaint investigation reports;carries out authority with regard to compliance and public protection under Part 3 of the Act,and Part 9 of the RegulationsReview Subcommittee – processes requests for review from members of the public who havehad their complaints dismissed by staff; meets 6-8 times per yearFitness to Practise Committee – to receive referrals respecting a member’s potentialincapacity through self-reports, complaints or referral from the Complaints investigationCommittee (CIC), to assess these reports, and where appropriate, take such steps as neededand agreed upon between the member and the Committee to resolve conduct concernsHearing Committee – carries out authority under Part 3 of the Act, and Part 9 of theRegulations with regard to compliance and public protection once complaint matters havebeen referred to hearing by the CIC; committee conducts 2-4 hearings per year; committeemeets at least once annually for training and orientationEthics Advisory Committee – provides ethics advice, education and guidance to membersCode of Conduct Working Group (formerly the Model Code Task Force) – created to reviewand make recommendations for adoption of the Model Code of Conduct. In 2011/2012became Code of Conduct Working Group

Page 36 of 198Professional Responsibility Policies and Procedures Committee (PRPPC)- reviews, amendsand develops operational policies and procedures for the professional responsibility process,including complaints handling and investigation, settlement and hearing proceduresLawyers’ Fund for Client Compensation Committee (LFCCC) – reviews and investigatesclaims relating to misappropriation and conversion by members and approves or makesrecommendations to Council re payment of claims, and policy and procedureThere are 99 volunteer positions on these committees, currently filled by about 75 lawyers andeight public representatives. The volunteers in the PR process generally have heavy workloadsand are very involved in our peer review and public protection mandate. For example, CICmembers assist with investigations and presentation of reports to the committee, serve on specialpanels for section 36(2) meetings or section 37(1) hearings, and provide significant assistance tostaff with review of complaint files at earlier stages in investigations. The ReviewSubcommittee is required to review the files in respect of dozens of requests for review annually.This task is shared by five CIC members, led by one of our public representatives. The EthicsAdvisory Committee members provide a great deal of guidance to staff with regard to ethicsinquiries from members, and participate via email or phone with regard to many of the 50+inquiries per year. The Hearing Committee often has a heavy workload, and must devote manyhours before, during and after hearings to their important role.iv)Budget and Financial PictureThe 2011/2012 annual budget for Professional Responsibility was $1,263,353, and theforecasted actual costs at year end are $1,087,138.Of the actual expenditures, 21% related to investigation and the Complaints InvestigationCommittee’s work (significantly decreased from 34% last year), and 11% related to hearingsand prosecutions (down from 13% last year and 21% the year before). A further breakdownof the actual expenditures provides the following:• 23% related to external legal services for investigations, advice, prosecutions and otherrepresentation (e.g. responding to search warrants and applications for disclosure) (downfrom 28%and 24% in the past two years)• 47% related to salaries and benefits (compared with 44% last year and 43% the yearbefore)• 6.5% related to the costs of practice reviews and forensic audits (same as last year)• 6% related to the cost of receivers and custodians (down from 12% and 10% in the pasttwo years)The reductions in discipline costs overall are in part based on unpredictable experience yearover year, and the number of matters requiring additional resources for investigation. Notably,due to the timing of completion of investigations this year, no full formal hearings were held,thereby keeping those related costs very low. In addition, however, successful efforts havecontinued to be made to improve cost controls by such things as:‣ Negotiation of a lower rate for forensic audits, and increased use of experienced juniorassociates and paralegals for custodian and receiver work as well as prosecutionspreparation‣ Planning and budgeting for complex investigations

Page 37 of 198‣ Improved use of the computerized document and information management system‣ Increasing existing staff capacity to undertake more investigations and legal work inhouseby reducing the number of complaint calls and routine unmeritorious writtencomplaints to be processed‣ Use of Complaints Investigation Committee ‘teams’ to assist with investigation anddirection of complex matters‣ Obtaining decisions of the CIC, where appropriate, via emailB. Complaints Overview and Trends(i) ComplaintsThis year saw no real growth in the number of new written complaints and complaint intakecalls, or in the number of major or complex investigations compared with last year. In termsof our experience with complaints over the past three years:‣ Complaint intake calls: this year, we have seen an increase in intake calls (394)over last year but within the average range as compared with 2008/2009 (491),2009/2010 (399), and 2010/2011 (373). In response to the 2009 and 2010Professional Responsibility Satisfaction Surveys, we continue to streamline ourintake process through the use of a dedicated voicemail system, reduce the amountof time staff spend on intake calls, and take steps to clarify for the public what ourrole is and isn’t in order to better manage their expectations. The average length oftime the Officers spend on each complaint call is 21.37 minutes.‣ Complaints mediated/resolved: we mediated or otherwise resolved 17% ofcomplaints which enter the system by phone or mail this year. Many phoneresolutions are achieved within a few days, while others take longer‣ Complaints Received: to date, we have received 154 written complaints, comparedwith the 253 written complaints received in 2008/2009, 182 in 2009/2010, and 150in 2010/2011. There continues to be a notable reduction in the number ofcomplaints from financial institutions with regard to lawyers’ failure to completereports and follow up in real estate financing matters.‣ Complaints closed: We closed 128 complaint files in 2011/2012. This number isimportant because it helps us track how long files are open, which is often areflection of the complexity of complaints and investigations, but can also indicateareas where resources may be insufficient, or procedures need to be improved. Wehave had enormous success in implementing strategies to improve our benchmarksrespecting file closure at the staff level (see below), and this year saw a markedimprovement in reduction of the length of time matters were under investigation bystaff and the CIC:Average # of days complaints open2009/2010 2010/2011 2011-2012Staff 145 100 32CIC 491 581 231FH 556 964 n/a

Page 38 of 198A further breakdown of complaints opened and closed by staff from May 1, 2011 toApril 25, 2012:May 1 – August 31, 2011 21 days (2010/2011 – 51)September 1, 2011 to February 1, 2012 36 days (2010/2011 - 40)February 2 – April 25, 2012 31 days (2010/2011 – 36)In the past year,• For matters outside our jurisdiction (reg. 9.2.2(a)(i)), dismissal letters wereprepared within an average of 23 days (36 complaints), compared with 26 daysin 2010/2011• For matters where the complaint was filed for an extraneous or improper purpose(reg. 9.2.2(a)(ii)), dismissal letters were prepared within an average of 14 days (3complaints), compared with 95 days in 2010/2011• For matters where the complaint alleged facts which, if proven, would notamount to a violation of the rules of conduct (reg. 9.2.2(a)(iii)), dismissal letterswere prepared within an average of 12 days (16 complaints), compared with 46days in 2010/2011• For matters where one lawyer response was required (reg. 9.2.10(a)), dismissalletters were prepared within an average of 46 days (32 files), compared with 128days in 2010/2011• For matters where a full document exchange was required between thecomplainant and the lawyer (reg. 9.2.12(a)), the dismissal letters were preparedwithin an average of 82 days (8 complaints), compared with 150 days in2010/2011• For matters where the complaint was dismissed with a staff Letter of Advice afterone response from the member, the letters were prepared within an average of 65days (2 complaints), compared with 146 days in 2010/2011• For matters where the complaint was dismissed with a staff Letter of Advice aftertwo responses from the member, the letters were prepared within an average of90 days (4 complaints), compared with 401 days in 2010/2011Manner of Disposition of All Written Complaints2009/2010 2010/2011 2011/2012Resolved/Other 86 ((39%) 49 (32%) 22 (17%)Staff Dismissals 93 (42%) 73 (47%) 95 (75%)Staff LOA 21 (10%) 13 (8%) 6 (5%)CIC 9 (4%) 16 (10%) 5 (4%)FH 7 (3%) 1 or less than 1% 0

Page 39 of 198The three areas which form the most frequent basis of complaint, and which are ultimatelydismissed by staff with or without Letters of Advice, are:i) Delay in moving a file forward – 30 complaints (vs 40 last year)ii) Client unhappy with outcome of case – 27 complaints (vs. 21 last year)iii) Poor communications – 12 complaints (vs. 9 last year)The most frequent areas of law involved in these complaints are family, criminal defense and realestate. Last year, the top three areas were real estate, family and civil litigation.Area of Law:Family-Sep/Divorce 61Criminal/Defense 34Family-Custody/Access 24Real Estate – Purchase/Sale 23Real Estate – Other 22Civil Litigation 20Personal Injury 14Wills/Estates – Undue Delay 11Wills/Estates – Other 10Real Estate – Title Dispute 6Employment 6Real Estate – LRA 6Admin-Human Rights 5Wills/Estates – Est. Mismanagement 5Admin-Other 4Criminal/Prosecution 3Debt/Credit 3Insurance 3Wills/Estates-Dispute with Executor 3Wills/Estates-PoA 2Landlord-Tenant 2Corp/Comm 2Bankruptcy 2Regulation of the Profession 2Immigration Law 2Family-Guardian/PoA 1Family-CAS 1Mechanics Lien 1(ii)Complaints Investigation CommitteeThe CIC held seven regular meetings this year, as well as one Section 36(2) meeting, and made threedecisions via email. This represents a reduction in the number of special meetings compared tolast year from four to one.In this reporting period, the CIC made the following decisions:

Page 40 of 198• Referred four matters to formal hearing (one scheduled for May 9th, one toproceed by way of Settlement Proposal, and two referred to hearing at the Aprilmeeting )• Issued one caution relating to very poor quality of service• Issued three counsels (in relation to inappropriate personal conduct in thecourtroom, failure to report disciplinary findings in another jurisdiction, andpoor quality of service)• Held one s. 36(2) meeting with a member as a result of the member’s lack ofcooperation and multiple complaints• Ordered three practice reviews – one resulted in referral to the Fitness to PracticeProgram, one in consensual temporary practice restrictions, and one is ongoing• Ordered one forensic/financial audit – resulted in negotiation of resolution ofcomplaint between the member and the complainant• Retained external counsel to provide legal opinions and/or assist withinvestigations in three matters• Made two new referrals to the Fitness to Practise Program, and one re-referral(iii)Review SubcommitteeThe Review Subcommittee carries out its work in accordance with Regulation 9.3. Themandate of this Subcommittee is to conduct reviews of complaints in cases where acomplainant is dissatisfied with a staff dismissal made pursuant to Regulations 9.2.2, 9.2.10or 9.2.12. The Subcommittee may either confirm the dismissal of the complaint, direct thatan investigation be commenced (in cases where the complaint was dismissed withoutobtaining a response from the member), or direct that the investigation be completed.Complainants have thirty (30) days after receiving staff’s notification that their complaintwas dismissed to request a review to the Executive Director.During this reporting period, May 1, 2011 to April 25, 2012, the Review Subcommittee metsix times, and reviewed 38 files (compared with 34 in the previous two years). Thisrepresents 29% of all complaint files closed, which is an increase from the average annualnumber of requests for review of about 20%. The Subcommittee upheld the decisions of staff todismiss in 37 of 38 matters. In one matter, staff was directed to complete the investigation,and this resulted in the member being counseled by the CIC.In terms of timeliness benchmarks, the Review Subcommittee has this year made greatprogress in reducing the time required to process requests for review. The average numberof days from receipt by the Subcommittee of a request for review and accompanyingmaterials to issuance of a decision is 27. The average number of days from receipt by staff ofa request for review to referral to the Subcommittee and issuance of their decision, hasdecreased further from 35 in 2009/2010, to 33 in 2010/2011, to 27 in the past year. This isparticularly impressive given the increased workload of this Subcommittee this year.During the year, a PRPPC Subcommittee evaluated best practices with regard to similar reviewprocesses across the country, and will be making a recommendation to the PRPPC shortlyfor changes to the process to ensure independence.

Page 41 of 198C. Professional Responsibility Policies and Procedures CommitteeThis committee supports Council in its governance of the Society by recommending changesto the Legal Profession Act (“the Act”), Regulations and policies and by developing proceduresfor the professional responsibility (PR) process.Membership of the PRPPC includes current and former members of the Complaints InvestigationCommittee (CIC) and the Hearing Committee, Chair of the Fitness to Practise Committee,Society counsel, and Society staff. A public representative also serves on this Committee and thisbrings a valuable perspective to our work.A copy of the updated PRPPC Workplan is attached. In an effort to better manage the heavyworkload of this Committee, two subcommittees were established to take on particular projects –the Hearing Subcommittee and the Review Subcommittee.The Hearing Subcommittee has been tasked to consider and recommend to the PRPPC policydirection relating to the hearing process; recommend operational and administrativeprocedures which support the hearing process; and to consider and recommend changes tothe Hearing Committee Policies and Procedures Manual. This subcommittee is currentlyworking on detailed regulatory amendments that are intended to provide a clear pre-hearingprocess that will assist in expediting matters.The Review Subcommittee is reviewing the current process by which staff dismissals ofcomplaints are reviewed. Currently, such reviews are conducted by a subcommittee ofsubcommittee is not sufficiently independent of the Society, and the Review Subcommitteeis considering the processes followed in other jurisdictions. The Subcommittee is expected to bemaking recommendations to the PRPPC regarding improvements to the current process inMay 2012.In addition, a small working group met three times to review the thresholds for theissuance of counsels, cautions and consents to reprimand by the CIC, and these discussions willresult in expansion of the guidance provided to the CIC in their Policies and Procedures Manual.D. Fitness to Practise CommitteeThe amendments to the Legal Profession Act which created the Fitness to Practise Program cameinto force in December 2010. The regulation amendments to support these changes wereapproved by Council in February 2011. The new Program helps the Society deal more effectivelywith members suffering from a physical, mental or emotional incapacity who are engaged in theprofessional responsibility process. Referrals to the Program can come through self-referral,through complaints, from the Executive Director and from the Complaints InvestigationCommittee.In February 2011, Council approved the composition of the new Fitness to PractiseCommittee. The Committee’s composition is very important, as there is a need for medicalprofessionals as well as lawyers with experience in the fields of health care and memberassistance. This assists the Committee in effectively assessing member incapacity, and creatingappropriate agreements with members for ongoing practice or voluntary interim cessation ofpractice.

Page 42 of 198The Committee has now been through its first year and it has been a real learning experience,accepting the referral of four matters. One of the first referrals to the Committee wassuccessfully completed in the fall of 2011. The Committee has referred another matter back tothe Complaints Investigation Committee and is managing a third by way of an InterimAgreement. The fourth matter is a new referral which will be dealt with over the comingmonths.E. Ethics Advisory CommitteeThe Ethics Advisory Committee is responsible for assisting staff in considering and respondingto ethical inquiries from members.The Society’s Professional Responsibility Department regularly receives calls from membersseeking guidance with regard to ethical dilemmas they have encountered, and in many cases theinput of the committee as a whole is sought and relayed to the member. In 2011/2012, wewe received 58 ethics inquiries. This number is consistent with the 56 inquiries received in2010/2011 but fewer than the 70 received in 2009/2010.Inquiries from members over the past year have most often focused on their duties ofconfidentiality, particularly regarding the future harm exception, duties to other lawyers, andquestions about conflicts of interest between clients. The first part of 2012 has seen a markedincrease in calls, which appears to be connected to the coming into force of the new Code ofProfessional Conduct. We are very pleased to know that lawyers are reading the Code andtaking the time to ensure that they are meeting their ethical obligations.The most common areas of law with regard to these inquiries are criminal defence, family law,real estate and wills and estates. Conflicts of interest arise in every area of law and we have hadmany calls from lawyers who request assistance in working their way through the new rules.As well, the conflicting duties and various uncertainties that surround a lawyer’s duty to reporta threat made by a client to harm themselves or a third party has been raised many times inrecent months, and we are working hard to ensure we are able to provide lawyers with as muchguidance as possible.F. Code of Conduct Working GroupThe Code of Conduct Working Group was established as an advisory committee to Council thatwas first tasked with reviewing the Federation of Law Societies’ Model Code of ProfessionalConduct to identify any areas where amendments may be required to adapt to local law; toconsult with members, and other stakeholders as appropriate, respecting adoption of the Code;and to make recommendations to Council respecting adoption of the Code in format and content,including recommendations for implementation and education. This work was completed inSeptember 2011 when Council voted to adopt the Nova Scotia Barristers’ Society’s Code ofProfessional Conduct with an effective date of January 1, 2012 and the establishment of an onlinemandatory assessment all practising members of the Society must complete by April 30, 2012.The Working Group is now considering the Federation’s proposed amendments to Rule 2.04 ofthe Code regarding conflicts of interest and is completing its consultation with members. It is

Page 43 of 198expected to make its recommendations to Council in May 2012 regarding adoption of theamendments. This committee will also be reviewing any recommendations for amendments thatmay come through the Federations’ Standing Committee on the Model Code of ProfessionalConduct.G. Lawyers’ Fund for Client CompensationThe Lawyers’ Fund for Client Compensation (the “Fund”) was established under Part IV ofthe Legal Profession Act to provide compensation to persons who have sustained pecuniarylosses due to misappropriation or wrongful conversion of the claimants’ money or propertyby a member of the Society or by a law corporation. The Fund is one of ‘first resort,’ and thepayments made out of it are made on an ex gratia basis. The Compensation Fund Committeehas authority under the Regulations to approve claims less than $5,000, and Council receivesCommittee recommendations respecting payment or denial of claims over $5,000.The claims experience in Nova Scotia remains very favorable compared to other jurisdictions. In2008/2009, no claims were paid by the Committee or Council. In 2009/2010, seven claims werereceived resulting in payment of five claims totaling $119,636.08; two claims were denied. In2010/2011, seven claims were received resulting in payment of payment of five claims totaling$64, 016.95; two claims were denied.In 2011/2012, four claims were opened amounting to $560,360: two totaling $345,360 weredenied by Council in full (relating to a mortgage fraud scheme), one claim for $35,000 remainsoutstanding (relating to conflict of interest and alleged fraud), and one in the amount of $180,000(relating to investment fraud) was denied in full by Council, but the claimant has submitted newinformation for review.The majority of the claims approved over the past three years have involved:‣ unearned retainers – where a lawyer receives and applies for his own useretainers for legal work which is either never completed or has no value,‣ misappropriation of client funds arising from lawyer impecuniosity‣ misappropriation of funds entrusted to a lawyer for purposes of investmentwith another client‣ misappropriation arising from participation in mortgage fraud(i) Canadian Lawyers’ Insurance AssociationPursuant to Section 58(9)(d) of the Act, in June 2005 Council approved Nova Scotia’ssubscription to the Canadian Lawyers’ Insurance Association (CLIA), a reciprocal insuranceexchange that also includes several other provinces.Through CLIA, the Society now has access to catastrophic claims coverage of up to $10 million,with a self-retention level of $100,000 per occurrence and a stop loss of $500,000. Sinceobtaining insurance through CLIA, the Society has had no claims of over $100,000.As a CLIA participant, the Society files quarterly reports on all claims against the Lawyers’ Fundfor Client Compensation, including potential claims which come to the attention of the Society.

Page 44 of 198(ii) LRA Compensation FundThe Act and Regulation 11.2.2 establish a Land Registration Act (LRA) Compensation Fund forthe purpose of reimbursement in the event the Minister of Finance is required to paycompensation pursuant to the LRA for claims arising out of dishonesty, fraud or criminal acts inthe certifying of title by a practicing lawyer.No claims have been filed against this Fund in this or previous reporting years since inception ofthe Fund.H. Trust Accounts – Exceptions and Audit Program(i) Trust Account Monitoring and AuditsAll practising lawyers or firms in Nova Scotia, who held money or other property in trust,are required by Regulation 4.2.2 to file an annual Trust Account Report (TAR) within threemonths following their fiscal year end. The purpose of the report is to ensure members aremaintaining their trust accounts in accordance with Part 10 of the Regulations. Council wasprovided with a Trust Accounts Monitoring Report last fall.Trust account monitoring of a member’s practice can arise from the review of a member’sannual Trust Account Report, a trust account audit through the Society’s Trust AuditProgram, the reporting of a judgment or bankruptcy, or as a result of conditions imposed bythe Complaints Investigation Committee or an order by a Hearing Panel.In 2008/09, 18 members and/or firms filed monthly trust account reconciliations (MTRs) formonitoring, and 10 of these were able to be released from this obligation after a few months. In2009/2010, only seven members/firms had their MTRs monitored. For the 2010/2011 year, sixmembers/firms ceased having to file MTRs, but nine new members and firms were required tocommence filing MTRs, and the majority of these had to file MTRs for over nine months. In2011/2012, six members filed MTRs, three such files were closed, and one member continues tosubmit monthly progress reports respecting the clearing out of old balances from the trust account.(ii) Trust Audit ProgramThe Trust Audit Program is an important risk management tool for the Society, and assistswith our mandate to protect the public, and to enhance the competence of members. As noted inthe Annual Scope of Audit Report, attached, the vast majority of lawyers and firms are veryreceptive to the audits and responsive to recommendations for improvement of their trust accountmanagement systems. The audit results inform future education programs, and the developmentthis year of new on-line trust account education tools and resources for members.A copy of Graham Dennis, CA’s Annual Scope of Audits Report summarizing his generalfindings from audits performed May 1, 2011 to April 30, 2012, is attached. For the last threeyears, the Trust Audit Program budget has remained at $50,000.

Page 45 of 198In 2008/2009, 31 trust audits were conducted, and all 31 revealed exceptions to the trust accountregulations which required further action. In 2009/2010, 45 trust audits were conducted andagain, all revealed exceptions to the trust account regulations requiring follow up bymembers/firms and staff.In 2010/2011, 43 trust audits were conducted: 22 related to lawyers/firms in HRM, and 21 inareas outside HRM; 19 were sole practitioners, and 24 were firms or lawyers who practice withother lawyers.In 2011/2012, 26 audits will have been conducted (Mr. Dennis’ report reflects 22 of these audits):16 related to lawyers/ firms in HRM and 10 in areas outside HRM; 15 were sole practitioners.As identified in the report, the key concerns from these audits can be summarized as follows:• 64% had between two and 525 account balances that had been inactive for at least two ormore years, with a significant number being in excess of 10 years old• In 32% of audits, cashed certified cheques or their images were not returned with themonthly statements and held in the file, contrary to regulations 10.2.1 and 10.2.1.1• 54% of audits revealed that lawyers and firms failed to prepare monthly trustreconciliations on a timely basis, contrary to Reg. 10.2.2.• 59% of audits revealed that lawyers and firms failed to obtain written confirmation ofreceipt of funds by electronic funds transfer, contrary to reg. 10.3.3. This concern hasworsened over the past two years.• 81% of audits revealed 90 overdrawn client trust ledger balances, contrary to Reg. 10.4.2,most under $250 but some over $1,000 and one as high as $14,500. This concern hassignificantly worsened over the past year.• 36% of audits revealed violations of other regulations relating to electronic wire fundstransfer, including appropriate written instructions to the bank, timely confirmation oftransfer, and completion of EFT requisitions.• 77% of audits revealed files where not all of the required information respecting theidentity of clients was recorded – most frequently, the information not recorded was theclients’ occupation.In all cases above, there has been staff follow-up to confirm rectification of errors and systemcompliance.(iii) Bankruptcy & JudgmentsAs part of the Professional Responsibility Department’s role to protect the public, theDepartment also monitors other compliance-based work including members’ bankruptcy andjudgment files. Pursuant to Regulations 4.2.8 through 4.2.12, if a member or a lawcorporation is served with a petition in bankruptcy, makes an assignment of property for thebenefit of creditors, presents a proposal in bankruptcy to creditors, or learns of a judgmentorder against him or her, he or she is required to report immediately to the ExecutiveDirector of the Society.These requirements are to ensure that the Society is aware of the matters which affect thesolvency of its members and so that the Society can take the necessary steps to ensure thatadequate protections are in place for clients in these circumstances. These steps may includeany combination of the following:

Page 46 of 198‣ the removal of the member as sole signing authority and subsequent appointment of a cosigneron all trust accounts;‣ filing a Trust Account Report (TAR) for the period from the date that was last covered bythe previously submitted TAR and the date of the Assignment in Bankruptcy;‣ commence filing Monthly Trust Reconciliation Reports.If there appears to be evidence of professional misconduct, conduct unbecoming, orincompetence, the bankruptcy or judgment matter may be referred to the ComplaintsInvestigation Committee as a complaint.In 2008/09, 16 members were monitored with respect to bankruptcies and judgments. In2009/10, 13 such members were monitored. In 2010/2011, 10 members were monitored,including two bankruptcies, four consumer proposals and four judgments.Currently, 16 bankruptcy and judgment files are being monitored, including eight memberswho owe substantial amounts to CRA and seven bankruptcies or consumer proposals.(iv)Undistributed Trust Fund ApplicationsThe Society provides a means each year for members and firms to dispose of undistributed trustfunds, through application to the Court, and payment of these funds to the Public Trustee.Members must have made reasonable efforts to identify the source of funds and to return thefunds to those entitled, and have held the funds for at least two years.In 2008/09, one application was made with regard to funds held by 16 lawyers and firms,regarding total funds of $18,624.129. In 2009/10, two applications were made on behalf of 24lawyers and firms, respecting funds totaling $25,351.54. In 2010/2011, two applications weremade on behalf of 25 lawyers and firms, respecting funds totaling $40,102.72. In the 2011/2012year, only one application was made on behalf of 11 lawyers and firms respecting funds totaling$11,799.63.This year’s application became more complex than those previously filed as the Societydetermined that some of the affidavits filed by lawyers and law firms included information thatwas confidential and possibly privileged. As a result, an application was made to seal the file andan Order in this regard was granted in February 2012. As a result of our experience with thismatter, changes are being made to our process for the next application to ensure that there is norisk of disclosure of privileged information in the application.I. Hearing CommitteeThe Hearing Committee is a fully independent committee of the Society, which carries outresponsibilities assigned to it under Sections 41 to 48 of the Legal Profession Act and Part 9 ofthe Regulations made pursuant to the Act. The Committee and any hearing panel thereof has allthe powers conferred by the Act and the Regulations as well as the powers, privileges andimmunities of a commissioner under the Public Inquiries Act. Members are appointed byCouncil. The Committee members for this year consisted of twenty four lawyers and four public

Page 47 of 198representatives. The work of the Hearing Committee is of the highest importance in terms of theSociety’s right to self-govern and to enhance the level of trust and respect members of the publichave for the profession.The Hearing Committee Chair is responsible for empanelling a hearing panel and appointing aPanel Chair. Hearing panels generally consist of five (5) members; however, a hearing panel doesnot lose jurisdiction over a matter if one of the members of the panel can no longer sit on thepanel as long as there are at least three members of the panel remaining. A panel of five will becomprised of at least three (3) members of the Society and a panel of three (3) will be comprisedof at least two (2) members.Following charges being served on a member, a copy of the charges is forwarded to the Chair ofthe Hearing Committee who has 14 days to hold a pre-hearing conference with the Counsel forthe Society and the member for the purposes of setting down the dates of the hearing anddetermining the its length. The Chair has the authority to set the matter down if there is noagreement. A list of potential hearing panel candidates is provided to the member’s counsel forpurposes of determining any conflicts. Hearings are normally to be set down within 90 days fromthe date of service; however, the trend for the past two (2) years has been much longer, up to 180days or more due to conflicts with dates of counsel for both parties as well as with panelmembers.Hearings are open to the public. However, a hearing panel has the authority to make ordersnecessary to prevent public disclosure of matters disclosed at a hearing in the interest ofprotection of solicitor-client privilege or where the member demonstrates that compellingcircumstances exist to justify a temporary limitation on publication. These matters and otherprocedural or substantive issues are usually addressed in a pre-hearing conference call betweenthe Chair of the hearing panel and both parties. At the formal hearing, the panel hears evidence,asks questions, makes evidentiary rules and receives submissions. The panel has the authority toask for written submissions from counsel at any time. The panel has the authority under Section45 of the Legal Profession Act to impose a penalty and/or to impose restrictions or conditions onthe member’s practise. The panel may render an oral decision. However, a written decision mustalso be prepared within sixty (60) days following a full hearing and thirty (30) days following apenalty hearing.A Resolution confirming the acceptance or rejection of a Settlement Agreement or the acceptanceof an Agreed Statement of Facts is due within 30 days of the hearing. Decisions and Resolutionsare filed with the Prothonotary and posted to the Society’s website.Staff is not involved in the decision making process and are not responsible for preparing theDecision or the Resolution following the Hearing. The Professional Responsibility Administratoris responsible for assisting the Chair with communicating with committee members for panelappointments and arranging the hearing facilities.(i)Matters referred to hearingDuring the 2008/2009 reporting period, four matters were referred to Formal Hearing, of whichone was carried forward from the previous year. In 2009/2010, three new matters were referredto hearing, with the same matter as in 2008/2009 being carried forward. In 2010/2011, the samematter was carried forward as in previous years, and four new matters were referred to hearing.In 2011/2012, due to the timing of completion of major investigations, there were no full hearings

Page 48 of 198held; rather, in relation to one matter referred to hearing in 2010/2011, scheduled to be heard onMay 9, 2012, a hearing was held to hear arguments with regard to an issue of disclosure.(ii)TrendsAs noted under the CIC Disposition section, four new matters were recently referred to hearing,which will be scheduled for hearing within the next few months. The most prevalent areas ofalleged professional misconduct, conduct unbecoming and professional incompetenceprecipitating referral to formal hearing in this reporting period include:‣ Criminal conduct‣ Incapacity and misappropriation of funds‣ Incompetence‣ Conflict of interest between lawyers and between lawyer and client(iii)EducationThe Hearing Committee met for a full day of orientation and professional development onOctober 17, 2011. Presentations included qualifying experts, use by panels of E-Communitiesfor receipt and circulation of hearing materials and decisions, and training in the new Codeof Professional Conduct.J. Custodianships and ReceivershipsIn accordance with the Society’s mandate to protect the public, whenever a lawyer in activepractice involuntarily ceases practice with little or no notice (due to ill health, death, or as a resultof suspension or disbarment), if no plans have been made for transfer of the lawyer’s practice toanother lawyer or firm, or for a planned wind-down of the practice, then the Society will appointa Receiver (by the CIC) or a Custodian (by the Court) to protect client interests and manage orwind-down the practice. The authority for this is found in Sections 51 and 53 of the Act. In eachcase, an external lawyer is retained to serve as Receiver or Custodian, and these lawyers areprovided professional and administrative support, as needed, by PR Counsel and the Director ofProfessional Responsibility.The costs in relation to this work have varied greatly over the years, from $30,000 in 2003/2004,to $154,136 in 2006/2007, to the current budget for 2012/2013 of $98,000. Actual costs in2011/2012 were $64,000, and the budget is based on the average of the past 3-5 years. Costs inthis area are being reduced primarily through the use of an experienced team at BurchellMacDougall consisting of a senior counsel (John Rafferty, QC), an associate and a legal assistant,and by arranging for storage of as many files held by the Society as possible in one securelocation.During 2011/2012, there were 14 open receiverships and six open custodianships. Some havebeen open since 2003. Efforts will be made in the coming year to apply for closure of inactivereceiverships and custodianships, and to appropriately disburse funds remaining in trust.

Page 49 of 198K. ConclusionsFor 20011/2012, the Council Annual Plan directed that the new Code of Professional Conduct befully implemented, and work be undertaken to develop and implement the new national disciplinestandards, and both of these goals were achieved. The total cost of the professional responsibilityprocess is always a concern and steps continue to be taken to find ways to reduce costs, with greatsuccess this year.The Professional Responsibility department continues to make significant strides in: reducing the number of unmeritorious written complaints reducing the number of complaint calls requiring responses reducing the length of time to process complaint dismissals reducing costsFor 2012/2013, the Professional Responsibility Department will continue to process the “routine”work described above, as well as: continue to fine-tune and enhance the new Fitness to Practise Program work with the Federation’s Discipline Standards Committee to implement thenational discipline benchmarks as part of the two year pilot project Develop on-line trust accounts resources for practicing lawyers if approved by Council, implement the new proceedings management and prehearingconference regulations to expedite the conduct of hearings Capture and re-produce ethics advice provided to members, for ongoing educationpurposes Reduce the number of open custodian and receiver files, and dispose of funds asappropriate

Page 50 of 198Professional Responsibility Policies and Procedures Committee (PRPPC)Committee Mandate and ResponsibilitiesMandate: See attached terms of referenceResponsibilities: See attached terms of referenceCommittee Chair: Raymond F. Larkin, QCSub-committees, if any, and names of Chairs:Hearing Subcommittee – Marjorie Hickey, QCReview Subcommittee – Mark Penfound, QCMatters assigned to Committee by Council’s Activity Plann/aDetails for each Project/Initiative1. Name of project: Consider recommendations from Federation Discipline Standards CommitteeGoal/outcome of project: Begin working towards adoption of national discipline standards.Timeframe for completion: OngoingStatus: April 2012 – Discipline Standards Committee report reviewed by PRPPC in February 2012;Council approved NSBS participation in pilot program; PRPPC to be kept apprised of progressResources required (volunteer, staff): PR Counsel, Director, PRPPC2. Name of project: Review SubcommitteeGoal/outcome of project: Review of policies and procedures related to the process of reviewing staffdismissals in an effort to ensure the process is fair, meaningful and independent.

Page 51 of 198Timeframe for completion: discussion paper regarding recommendations to be prepared for May2012Status: April 2012 – Subcommittee was appointed in January 2012; preparing recommendations andregulatory amendments as required; reporting on recommendations in May 2012Resources required (volunteer, staff): PR Counsel, Director, PRPPC3. Name of project: Review of Hearing ProcessesGoal/outcome of project: Consideration of regulatory amendments to provide for hearing committeechairs to set dates for hearing in the absence of agreement between the parties on a date to begin;Notice of Hearing Policy review; authority of hearing panel to negotiate amendment of settlementagreements; use of chair ‘experts’ and remuneration for panel members; training for adjudicators;review of Hearing Committee Policy and Procedure ManualTimeframe for completion: May 2012Status: April 2012 – Subcommittee was appointed in January 2012; report on status of work preparedfor PRPPC; ongoing revisions of current regulations and policy; report on recommendations toPRPPC expected May 2012Resources required (volunteer, staff): PR Counsel, Director, PRPPC4. Name of project: Clarifying Use of Counsels, Cautions, Letters of Advice and Consent toReprimandsGoal/outcome of project: CIC is clear and consistent with regard to issuing Counsels to members,and its lack of authority to instruct staff dismissals and Letters of Advice. CIC is seekingclarification on the threshold and process of negotiating Consent to Reprimands.Timeframe for completion: CompleteStatus: April 2012 – Subcommittee appointed in January 2012; memo prepared to identify scope ofreview of remaining regarding clarification of thresholds; report to PRPPC in March 2012 indicatesthat this work is complete and no changes to regulations required; any remaining issues to beresolved through update of CIC ManualResources required (volunteer, staff): PR Counsel, Director, PRPPC5. Name of Project: Discipline “Pardons”

Page 52 of 198Goal/outcome of project: Consideration is given to whether members should be pardoned for pastdiscipline offencesTimeframe for completion: discussion paper to be prepared by PRPPC memberStatus: April 2012- deferred; Research underwayResources required (volunteer, staff): PR Counsel, Director, PRPPC6. Name of Project: No contest pleas/consent disbarmentGoal/outcome of project: regulations and policies are considered and implemented, if appropriate, topermit no contest pleas or an expedited process for consent disbarment where it is the public interestto do soTimeframe for completion: work commenced in 2010/2011, and is continuing in 2011/2012Status: April 2012; Ray Larkin, QC has been assignedResources required (volunteer, staff): PR Counsel, Director, PRPPCAdditional Comments on Committee’s Plans or Progress

Page 53 of 198Terms of Reference for the Professional Responsibility Policies & ProceduresCommittee (PRPPC)These Terms of Reference should be read in conjunction with the Legal Profession Act,(‘Act”), the Regulations issued there under, and the Council Policies relating tocommittees.Professional Responsibility Policies & Procedures Committee - Terms of ReferenceTypeCouncil Committee – Advisory to CouncilMandate • The PRPPC supports Council in the governance of theSociety by recommending changes to the Act,Regulations and policies and by developing proceduresfor the professional responsibility processResponsibilities • To consider and recommend to Council policy directionrelating to aspects of the professional responsibilityprocess that impact the Society’s obligations tomembers, complainants and other affected individuals,or that impact key outcomes of the professionalresponsibility process• To consider and, following consultation with theComplaints Investigation Committee, recommend toCouncil for its approval policies to be applied by theComplaints Investigation Committee in the investigationand disposition of complaints• To consider and recommend to the ComplaintsInvestigation Committee, for its approval, procedures tobe applied by the Complaints Investigation Committeein the investigation and disposition of complaints• To consider and recommend to the Executive Director,for approval, operational and administrative proceduresfor the investigation of complaints• To ensure that policies and procedures that apply to theComplaints Investigation Committee are regularlyreviewed and published in the Complaints InvestigationCommittee Policies and Procedures Manual• To consider and recommend to the Hearing Committee,for its approval, policies and procedures with respect tothe operation of the Hearing Committee and the conductof hearings, and in particular those policies published inthe Hearing Committee Policies and Procedures Manual;and• To make recommendations to Council for its approvalrespecting the Legal Profession Act, and Regulationsgoverning the professional responsibility processComposition • Appointments shall be made and vacancies filled byCouncil

Page 54 of 198• Membership in the PRPPC should include current orformer members of the Complaints InvestigationCommittee, the Hearing Committee, Society counseland member defense counsel• At least one Public Representative currently on Councilshall be a member• The Vice Presidents of the Society shall be members• The Chair of the Complaints Investigation Committeeshall be a member• The Chair of the Fitness to Practise Committee shall bea member• Quorum shall be three (3) membersCommittee Chair • Committee Chair shall be appointed by Council• Committee Chair must have prior relevant experienceand need not be a member of Council• The Committee Chair is responsible for annuallyreviewing with the Committee: Council Policy 16, theseTerms of Reference, and the Society’s Strategic andAnnual PlansProcedures andWork Product• The Committee shall develop and operate in accordancewith an annual work plan• The Committee shall operate in accordance with CouncilPolicy 16• The Committee may appoint sub-committees to assist itin carrying out its work• The Committee shall annually review these Terms ofReference and may recommend changes to Council• The Committee shall maintain minutes of its meetings inaccordance with Council Policy 16• All policies and procedures governing the professionalresponsibility process are public• To ensure the continued independence of the HearingCommittee, the PRPPC will obtain specific input andapproval of the Hearing Committee, or the HearingCommittee Chair, as appropriate, prior to making anyrecommendations respecting changes to HearingCommittee policies and proceduresReporting • The Committee is advisory to Council, and shall provideinput regarding Council’s annual activity plan andrecommendations for policy changes to Council• The Committee Chair shall annually report to Councilon the work of the Committee• The Committee shall contribute to the Society’s AnnualReport to membersStaff support • Director of Professional Responsibility

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Page 57 of 198GRAHAM DENNIS, CA23 JUNIPER RIDGEGLEN HAVEN, NOVA SCOTIAB3Z 2V8Tel: 902 823 1239gcdennis@eastlink.caApril 27, 2012PRIVATE & CONFIDENTIALMs. Victoria ReesDirector, Professional ResponsibilityNova Scotia Barristers' SocietyCogswell TowerSuite 800, 2000 Barrington StreetHalifax, NS B3J 3K1Dear Ms. ReesScope of AuditsBetween May 1, 2011 and April 30, 2012, I completed 26 trust account audits. Sixteen of thelawyers or law firms subject to audit are located in the Halifax Regional Municipality and 10 arelocated in other areas of Nova Scotia. Seventeen of the lawyers subject to audit practise alone assole practitioners without partners, associates or other lawyers and the other nine are law firms orlawyers who practise with other practising lawyers either as associates or employees.Generally the procedures I followed were those that are to be conducted by accountants in thecompletion of the annual Trust Account Report. In some cases, depending on the circumstances, Imay have conducted additional procedures if I considered this to be necessary or reduced the scopeof my work if the lawyer or law firm had a limited level of activity in their trust accounts. I alsoconducted procedures in connection with the client identification and verification regulations andmade inquiries of the compliance of lawyers and law firms with 30(5) of the Legal Profession Actthat requires them to advise persons for whom they are holding money in trust when they havereason to believe that it will not be required for more than 30 days that it may be deposited into aseparate trust account on which the person would receive the interest.

Page 58 of 198GRAHAM DENNIS, CAGeneral Impressions and ObservationsI have been conducting trust account audits for the Nova Scotia Barristers' Society for more thanfive years. Many of my impressions and observations are consistent with those included in myprevious scope of audit reports to the Society but there are also some changes due to the increasinguse of information technology and changes in regulations. Below are summarized some of mygeneral impressions and observations:• The lawyers and their staff were cooperative and helpful in providing information anddocuments on a timely basis and making themselves available to answer my questions andto discuss my audit findings with them.• The lawyers and their staff treat the operation of their trust accounts seriously and generallymake a conscientious effort to maintain records and accounts in accordance with the trustaccount regulations.• Many of the lawyers and their staff are interested in learning more about the trust accountregulations. Many asked questions about matters they were unsure about and wereaccepting of suggestions or recommendations I made for improvements or to addresscontraventions of the trust account regulations.• Generally the lawyers and their staff have a good knowledge of the principles they shouldfollow in the operation of their trust accounts. However, in many cases the lawyers, theirstaff, external bookkeepers and accountants had not recently read the regulations and/or arenot familiar as they should be with the specifics of the regulations. In particular, many arenot familiar with the regulations governing specific trusts, trust property, the withdrawal offunds by electronic fund transfers (EFT) and wire transfers or the client identificationregulations.• Many of the audits I conducted were on trust accounts for which all or a portion of the timeperiod covered by my audit was also subject to audit by a lawyer or law firms’ accountantsin the completion of the annual Trust Account Report. In many of these cases I have foundexceptions to the regulations that were not identified by the lawyer's or law firm’saccountants. It is difficult to determine why this is the case but it may, in part, be due tounfamiliarity with the trust account regulations.Significant FindingsExceptions to the trust account regulations were identified in all of the trust account audits Icompleted. The exceptions vary from minor, such as not having a copy of a deposit slip on file oroccasionally completing trust bank account reconciliations one or two days after the 30 days of theeffective date of the reconciliation, to more serious exceptions. This is consistent with prior years.The most frequent significant matters identified in the trust audits are as follows:Page 2 of 8

Page 59 of 198GRAHAM DENNIS, CA• Old & Inactive Trust Account Balances17 of the 26 lawyers and law firm subject to audit had from one to approximately 525 accounts thathad been inactive for at least two or more years as follows:# of old accounts # of lawyers/law firms0-20 720-50 450-100 3100+ 3A significant number of accounts were ten or more years old. The balances in these accountsgenerally represent funds that should be returned to the clients, funds to cover the cost of recordingreleases and funds for legal fees and disbursements. In a few cases, even though the account wasold, it was in connection with an active matter. Many of the balances in these accounts were lessthan $100.00 but there are also at least 45 accounts with balances of at least $1,000.00. Theoccurrence of these old and inactive balances was generally found in the practices of older lawyersand law firms. My recommendation to the lawyers and law firms with respect to these old andinactive balances was to return the funds to the clients as soon as possible after making any requireddisbursements to record releases, pay fees or other items. For those clients where it was notpossible to return the funds I also discussed the option of making application through the Barristers’Society to disburse unclaimed funds to the Public Trustee.These findings are substantially worse than last year when I noted exceptions in 17 of 43 lawyersand law firm subject to audit had from 10 to 57 accounts that had been inactive for at least two ormore years.• Control Over Electronic Fund Transfer Systems Not Retained by Lawyer or Law FirmReg. 10.4.7 (b) requires lawyers and law firms to retain control over passwords or access codes toETF systems. Six of the 26 lawyers and law firms audited had provided assistants with passwordsthat enabled them to access internet banking websites and to transfer funds from trust accounts and/or a lawyer had access which enabled him to transfer funds on his own using internet banking whenaccess should have been under the control of two persons. In four of the audits I found thattransfers could be made between the practice's trust and operating accounts and to third parties. Inthe other two transfers could not be made to third parties.Generally the assistants had been provided with the access code so they could monitor activity inthe trust and operating accounts of the law practice. In three of the audits where transfers could bemade between the practice's trust and operating accounts and to third parties the assistants and thelawyers were not even aware they had the ability to transfer funds. In the two audits wheretransfers were made from trust accounts to other trust accounts and/or the practice's operatingaccounts they were done by assistants.Page 3 of 8

Page 60 of 198GRAHAM DENNIS, CAIn one case an assistant had also been provided with a password to the SNS system for thesubmission of data that should be under the control of a lawyer only.When this matter was brought to the lawyers' attention they recognized the seriousness of the matterand generally took steps immediately to change the password or to limit the assistant's access to justviewing bank account activity.This year inappropriate access given to passwords for electronic fund transfers systems was foundin approximately 23% lawyers and law firms subject to audit compared to 53% last year and 40%two years ago. Although the substantial improvement may be due to in part to differences in thelawyers and lawyers firm's audited this year compared to previous years I did encounterproportionately more instances of appropriate access restrictions being in place this year.• Reconciliation of Trust Bank Accounts and Comparison to Client Trust Ledger BalancesThe trust account regulations require that a reconciliation of each trust account in a financialinstitution and a comparison between the reconciled balance and the total of the listing of clienttrust ledger balances be made monthly within 30 days of the effective date of the reconciliation andcomparison.I found exceptions to this requirement in 14 of 26 trust audits. In about half of these cases at leastseveral reconciliations and comparisons were completed more than 30 days after the effective date,in some cases more than several months late and in some cases not at all. In two casesreconciliations and comparisons were not prepared at all for the Service Nova Scotia trust account.In five audits (including one also included in the 12 referred to above) I found that the datereconciliations and comparisons were completed was not recorded or not always recorded but thelawyers and/or their staff represented that they were prepared on time. In these cases Irecommended in the future that the dates they were prepared be recorded to document compliancewith the regulations.In eleven of the audits client listings were sometimes or always not printed or prepared at the timeof the completion of the bank reconciliations. In such cases the reconciled bank balance and thetotal of the client listings were not compared or I could not determine if they were compared within30 days of the effective date as required by the regulations. In some cases the listing may havebeen viewed on computer screens. When listings were not printed or prepared for the entire periodsubject to audit it was usually for the SNS trust account and the reason the listings were notprepared was due to no or inadequate accounting records for the account.These findings are consistent with those of previous years.Page 4 of 8

Page 61 of 198GRAHAM DENNIS, CA• Written Confirmation of Receipt of Funds by Electronic Fund TransfersReg. 10.3.3 requires the lawyer or law firm to obtain written confirmation no later than the close ofthe banking day immediately following the day the lawyer or law firm received notification of thereceipt of funds into the trust account. Most lawyers and law firms now use a printout of their onlinebanking screen showing the receipt of funds and the date of the on-line inquiry within one dayof the receipt of funds as written confirmation.Exceptions to this regulation were identified in 13 of the 26 audits. In most cases where thisexception was noted I was advised by the lawyer or law firm that they:• Confirmed receipt of funds using internet banking but did not print out the screen as writtenconfirmation,• Verbally confirmed receipt with their bank but did not obtain written confirmation, or• Normally did obtain written confirmation and that the written confirmation had beenmisplaced or lost and the particular instance in question was an isolated exception.• Mistakenly believed that confirmation obtained that funds had been sent to the trust accountmet the confirmation of receipt requirement.These findings are substantially consistent with those of previous years. Exceptions were noted in20 of 43 lawyers and law firms (46%) in 2010-11 and 23 of 44 (57%) in 2009-10 as compared to50% this year.• Overdrawn Client Trust Ledger BalancesReg. 10.4.2 requires that withdrawals or transfers from a trust account shall not exceed the balanceof money held in trust for a client and Reg. 10.4.11 requires that a lawyer shall have sufficientbalances on deposit at all times to meet all trust obligations and that any shortages shall be restoredimmediately.In 19 of the 26 trust account audits I found over 90 overdrawn client trust ledger balances. Two ofthe audits accounted for 47 of the overdrawn balances. Eight of the audits had only 1 overdrawnbalance of less than $100.00. Almost all of the overdrawn balances were less than $250.00 butthere were several over $1,000.00 and generally they were addressed a within a month or so ofwhen they occurred. However a significant number were not addressed for more than six monthsand in some cases had not been addressed at the time of the trust account audit. The largestoverdrawn balances were $14,500.00 outstanding 46 days, $7,707.00 outstanding 12 days and$3,845.02 outstanding 54 days before being addressed.Subject to specific instances in a small number of audits and number of firms with a small numberof overdrawn accounts with small balances the incidence of overdrawn client trust ledger balancesdoes not appear to have changed significantly over the past few years.Page 5 of 8

Page 62 of 198GRAHAM DENNIS, CA• Electronic Fund Transfers and Wire TransfersIn 13 of 26 audits I found exceptions to the regulations for electronic funds transfer (EFT) and wiretransfers. More significantly, in most instances where there were EFTs or wire transfers I foundexceptions. Wire transfers include what would be considered conventional wire transfers and othertransfers made by a financial institution pursuant to a lawyer or law firm's instructions. Generallythe transfers were between trust accounts or from a trust account to the lawyer of law firm'soperating bank account.The regulations for EFTs and wire transfers can be summarized as follows:• In the case of an EFT the preparation of an EFT requisition signed and dated by the lawyeror law firm and in the case of a wire transfer written instructions to the bank signed by twopersons including one lawyer or by a lawyer alone if he practises alone setting out thedetails of the paying and receiving account. The EFT requisition and the original or truecopy of the wire transfer instructions are to be retained by the lawyer or law firm.• The printing of a confirmation containing the details of the transfer within one banking daythat the transfer is made. In the case of transfers between the trust accounts and from trustaccounts to the lawyer or law firm's operating account this confirmation could be in theform of the printout of the internet banking screen showing the account details of bothaccounts and the transfer.• The comparison of the EFT requisition or wire transfer instructions and confirmation toensure the transfer was properly completed and the recording of the name of the client,subject matter of the file and file number on the confirmation and then signing, dating andretaining it on file.Generally EFT requisitions are not being completed. In the case of wire transfers the instructionswere made verbally by the lawyer or by the lawyer's bookkeepers or assistants using e-mails or byletters signed by them. In many cases written confirmation was obtained but they could not becompared to requisitions or instructions that had not been prepared and were not signed and datedas required by the regulations.Lawyers and law firms should ensure they properly complete and sign EFT requisitions and wiretransfer instructions, obtain confirmation of the transfers, compare them to the requisitions orinstructions and sign and date the confirmations.Last year I noted exceptions in 11 of 43 audits as compared to 13 of 26 this year. In both years thiswas substantially all of the audits where there were EFTs or wire transfers. The increasedproportion of audits where exceptions were noted is due to more lawyers and law firms are usingthese types of transactions.Page 6 of 8

Page 63 of 198GRAHAM DENNIS, CA• Return of Cashed Certified ChequesReg. 10.2.1 and 10.2.1.1 require that lawyers and law firms maintain in their records cashedcheques or images of the front and back of cashed cheques (electronic or otherwise) for all trust andoperating accounts. In 10 of the 26 audits in which I noted certified cheques had cleared the trustbank accounts and in accordance with the practice of the financial institutions the cashed certifiedcheques or their images were not returned with the monthly statements. Accordingly, to meet therequirement of the regulations, lawyers and law firms must contact their financial institutions toobtain images of certified cheques drawn on their practice's trust and operating bank accounts.Last year I noted cashed certified cheques or their images were not returned by financial institutionsin 4 of the 43 lawyers and law firms subject to audit. This is likely lower than the actual instancesince it was during last year's audits that I started to observe this situation.• Client Identification and Verification RegulationsWhile conducting the trust account audits I reviewed the compliance of lawyers and law firms withthe client identification and verification regulations that took effect on November 3, 2008. In 20 of26 audits I found instances where not all of the required information on the identity of clients wasrecorded. Most frequently the information not recorded was the client's occupation. In 17 of thelawyers and law firms subject to audit copies of government issued identification cards or otherdocuments confirming the client's identity could not be found in at least one of the client files Ireviewed during each audit.In one instance a lawyer told me that he was not aware of the client identification regulations whichhave been in force since November 3, 2008.Based on the audit findings, compliance with these regulations did not seem to improve since lastyear for which I reported similar results.Sole Practitioner Practice SuccessionThe audits I conduct take me into the offices of many lawyers throughout the Province. Thisprovides me with a unique opportunity to meet and discuss with lawyers matters not only related totheir trust accounts but to their practices in general. As a result you have asked me if there wereany matters in addition to the audit findings that I might be able to comment on that would be ofinterest to the members.A number of the audits I conducted were of sole practitioners who are nearing retirement age orstarting to contemplate retirement and considering how to affect this. In HRM and other largercentres the plan is often to join a firm with at least several lawyers that will provide the opportunityto gradually transition their client load to the firm. However, this opportunity is not readilyavailable to many lawyers in small communities where there are few law firms or other lawyerspractising and there are challenges in attracting younger lawyers to take over a practice. InPage 7 of 8

Page 64 of 198GRAHAM DENNIS, CAaddition, practices in smaller communities are often of a size that makes it difficult to economicallymanage the transition when the about to retire lawyer and the lawyer taking over the practice wouldbe dependent on the practise for an income. It is also often difficult in these communities for alawyer to extract value from the practice on his retirement.I do not have any suggestions on how to address this issue but it is widespread and in the long termcould adversely affect the availabilty of legal services to people living in smaller communities andrural areas in the Province.ConclusionI trust you will find this report to be informative and helpful. Please do not hesitate to contact meshould you have any questions or require additional information.Yours sincerelyGraham Dennis, CAPage 8 of 8

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Page 66 of 198CREDENTIALS COMMITTEEReport to Council*Key achievements for the year1. During the 2011-2012 fiscal year the Credentials Committee has successfully addressedseven out of the ten projects set out in the Committee Work Plan, including the following:Project 1 - We have worked towards the national harmonization of the accreditation ofLaw Schools by proposing to Council that it delegate the authority to approve new LawSchools to the Federation Common Law Program Approval Committee. Staff will bedeveloping a regulation for consideration by Council to achieve this outcome.Project 2 - We have worked toward the implementation of recommendations respectingthe monitoring of non-practicing members by referring to Council an amendment toRegulation 5.5.2. That amendment now requires members who seek a change to nonpractisingstatus to provide an Undertaking that the member will not engage in thepractice of law unless reinstated as a practising lawyer. The Regulation was passed byCouncil on April 20, 2012. Staff is currently making changes to the Society website, theAnnual Member Report and the Annual Law Firm Report to educate members respectingthe meaning of the “practice of law” as defined in s. 16 of the Legal Profession Act.Projects 5 & 10 - The Committee recognized that Project Five and Project Ten weredirectly related as they both require amendments to the regulations to further implementthe National Mobility Agreement and remove any reference in the regulations to theformer Inter-jurisdictional Practice Protocol. The adoption by Council of the Addendum tothe Quebec Mobility Agreement and subsequent changes to Regulation 6.6 haveprovided Quebec Notaries with the ability to practice law in Nova Scotia under the statusof a Canadian Legal Advisor with specific restrictions on the areas in which the Notarymay practice. Further amendment to the Regulations may be required to remove allreference to the former Inter-jurisdictional Practice Protocol.Project 6 – The Internal Review Regulations were amended to allow both the InternalReview Sub-Committee and the Credentials Appeal Panel to reconsider their respectivedecisions based on new information (Regulations 3.10.17 and 3.11.30).The Internal Review Regulations were further amended by removing the right of anapplicant to seek an Internal Review upon failure of a Skills Course Evaluation orSupplemental Evaluation (see Project 9 below).

Page 67 of 198Project 7 – The process for appealing Bar examination results was reviewed with severalchanges implemented. Staff is in the process of updating a Bar Examiners Handbook,the method of remarking exams has been amended and staff have revised theinstructions to be followed by volunteers when remarking Bar Exams and when screeningquestions for the Bar Exam. Finally, the Committee has recommended that Councilamend Regulation 3.6.15 to remove the ability of an applicant to submit new informationto the Bar examiners when requesting a remarking of a Bar Exam.Project 9 – The Committee adopted changes to the assessment criteria for the onlineWriting and Drafting Skills Course that closely matches criteria used by western CanadianLaw Societies. The Committee also amended Regulation 3.6 by removing the right of anapplicant to appeal the failure of an individual Skills Course Evaluation or SupplementalEvaluation, while reserving the right of the applicant to appeal the overall failure of theSkills Course pursuant to Regulation 3.6.23. It was noted that even when specific SkillsCourse Evaluations are not successfully completed, students may still pass the overallSkills Course and thus still qualify for admission to the Bar Society.1. The Internal Review Subcommittee consisting of Mark Everett (Chair), Diane McGrath,Q.C., Cheryl Canning, George MacDonald and Rob Pineo responded to one request for anInternal Review. The Review Subcommittee considered whether a non-practicing memberof the NSBS who had practiced law in a foreign jurisdiction for over 30 years, was requiredto successfully complete the Bar Examination prior to being granted a change of status tothat of a practising lawyer. The Review Subcommittee upheld the decision of the ExecutiveDirector who required the lawyer to successfully complete the Bar Exam.2. The Committee met with Naiomi Metallic, Chair of the Racial Equity Committee, and EmmaHalpern, Director of the Equity Office, who recommended that changes be considered toboth the Bar Review Materials and the Bar Exam to include reference to the impact ofsubstantive aboriginal law on various areas of legal practice such as real estateconveyencing, family law, criminal law, wills and estates, commercial law and other areas ofpractice. Examples were provided that illustrate the significant risks and pitfalls that awaitlawyers who are not familiar with the substantive changes in the law when aboriginal issuesarise. It was also suggested that cultural competency, if possible, be addressed morethoroughly in the Bar admission process, and through continuing legal education forpractising members of the Bar. The Committee agreed that these issues merited furtherconsideration in the 2012-2013 Work Plan when it is proposed that a joint committee ofmembers from the Racial Equity Committee and the Credentials Committee work with staffto develop means within available resources to include reference to these issues in both theBar Review Materials and Bar Exam, and to possibly develop fact patterns for educationalpurposes that incorporate cultural competency issues.3. The Committee reviewed the Articling Consultation Report from the Law Society of UpperCanada and discussed whether similar difficulties associated with students obtaining

Page 68 of 198articling positions existed in Nova Scotia. It was determined that students in Nova Scotiawere not encountering the same degree of difficulty finding articling positions as thoseencountered in Ontario. However, it was also noted that changes to the articling process inOntario could impact the competency of lawyers seeking to practice in Nova Scotia andthroughout Canada and is therefore a concern for all members of the Federation.Accordingly, further developments on this topic will be of interest to Council and theCredentials Committee.What remains to be done? (Comment on why)Despite limitations in the number of staff available to assist with the implementation of the Work Plan,the majority of the Credentials Committee Work Plan was successfully addressed this year.However, the following projects on the Work Plan remain:Project 1 – The national harmonization of admission standards could not be addressed this year as itis still being worked on by the Federation. Hopefully, draft admission standards will be available forreview and consideration by the Credentials Committee in 2012-2013.Project 3 - Monthly Calls to the Bar – The desire to develop a more efficient and streamlinedapproach to the calls to the Bar will require the cooperation of the Courts. It is the intention of theCommittee to revisit this project next year.Project 4 – Development of FRPA compliant policies for regulating Foreign Legal Consultants, readmissionfollowing disbarment or resignation, etc. still need to be addressed. Time and resourcesdid not permit the Committee to deal with this area of regulation.Project 8 – The review of education plans, including the review of the role of Principals was notaddressed this year and is intended to be considered in the next fiscal year.Recommendations for future activities1. Revisit Projects 1, 3, 4 and 8 from the 2011-2012 Committee Work Plan and include theseitems in the 2012-2013 Work Plan.2. Participate in a working group consisting of members from the Racial Equity Committee,Credentials Committee, Admissions and Professional Development Staff and others toaddress the inclusion of substantive aboriginal legal issues in the Bar Admission materialsand Bar Exam, and the development of Educational Fact Patterns addressing the issue ofcultural competency.

Page 69 of 1983. Closely monitor developments in the articling process in Ontario and determine whetherchanges in the Nova Scotia articling process are merited.4. Continue to work on streamlining policies that impact membership categories and the SkillsCourse.Other commentsThe Chair would like to take the opportunity to thank Jacqueline Mullinger, Jennifer Pink and SaraProwse for their service and assistance throughout the year. The Chair would also like to thank thefollowing members of the Credentials Committee for their contributions and assistance in addressingthe Work Plan this year:Cheryl Canning (Vice-Chair), M. Louise Campbell, Q.C., Mark Everett, William Mahody, GeorgeMacDonald, Diane McGrath, Q.C., Jill Perry, Robert H. Pineo, Alonzo Wright, Associate DeanMichael Deturbide, and Jennifer Palov.*The Committee’s approved work plan is attached as Appendix A

Page 70 of 198Credentials CommitteeCommittee Mandate and ResponsibilitiesMandate: Terms of Reference for the Credentials CommitteeCredentials Committee - Terms of ReferenceTypeRegulatory CommitteeMandate • The Credentials Committee carries out the responsibilitiesassigned to it under Part I of the Act and Parts 3, 5 and 6 ofthe Regulations.• The Credentials Committee supports Council in thegovernance of the Society by recommending to Councilchanges to policy relating to the credentials processResponsibilities • Refer to Part I of the Act and Parts 3, 5 and 6 of theRegulations• To consider and recommend to Council policy directionrelating to aspects of the credentials process that impact theSociety’s obligations to applicants, members, and otheraffected individuals, or that impact key outcomes of thecredentials process• To consider and recommend to staff for its approvaloperational or administrative procedures for the carrying outof credentials functions• To make recommendations to Council for its approvalrespecting the Legal Profession Act, and Regulationsgoverning the credentials process• Appoint a Credentials Review sub-committeeComposition • At least six and no more than nine members• At least three members shall be serving members of Council• Appointments shall be made and vacancies filled by Council• The Committee shall include at least one PublicRepresentative currently elected to Council• The Committee shall include a representative from SchulichSchool of Law at Dalhousie UniversityCommittee Chair • The Committee Chair shall be appointed by Council• The Committee Chair is responsible for annually reviewingwith the Committee: Council Policy 16, these Terms of

Page 71 of 198Reference, and the Society’s Strategic and Annual PlansProcedures and Work • Quorum for the committee shall consist of three membersProduct• The Committee shall operate in accordance with Council• The Committee shall maintain minutes of its meetings• Decisions of the Committee are compiled in the CredentialsCommittee Precedents• The Committee may appoint sub-committees to assist it with itswork.Reporting • The Committee performs a regulatory function for the Societyand in that respect is independent from Council• In its advisory capacity, the Committee may makerecommendations for policy• The Committee shall provide a report on its work to Council nolater than the May Council meetingStaff support • Director of Admissions and Professional Development.Committee Chair:David MahoneySub-committees, if any, and names of Chairs:Internal Review Subcommittee: Mark EverettScreeners Committee: Julia Cornish QCMatters assigned to Committee by Council’s Activity PlanDetails for each Project/Initiative

Page 72 of 1981. Name of project:Activity 1.2 Work towards the national harmonization of admission and disciplinestandards and the accreditation of law schoolsGoal/outcome of project:There is greater harmony of key regulatory standards among Canada’s Law SocietiesTimeframe for completion:Unknown at this time as this is being led by the Federation.Resources required (volunteer, staff): Note – Director, A&PD serves on one of the nationalcommitteesA&PD staff, Credentials Committee2. Name of project:Activity 1.3 Membership CategoriesGoal/outcome of project: the approved recommendations of the Credentials Committee regardingcategories of membership and in particular the monitoring of non-practicing members areimplementedTimeframe for completion:This fiscal year so that any changes in reporting are captured in the next cycle in 2012Resources required (volunteer, staff):Executive Director, A&PD staff and Credentials3. Name of project: Monthly Calls To the BarGoal/outcome of project: A more efficient and streamlined approach to the calls to the BarTimeframe for completion:End of Fiscal Year – preferable soonerResources required (volunteer, staff):Executive Director, A&PD staff, liaison with courts, Council4. Name of project:

Page 73 of 198Policy DevelopmentGoal/outcome of project: All policies governing regulatory work are up-to-date and FRPAcompliant. Includes work on the following policies: Education Plans for Transfer Applicants,Foreign Legal Consultants, Readmission Following Disbarment, Readmission followingResignation, Reinstatement of former judges.Timeframe for completion:End of Fiscal yearResources required (volunteer, staff):A&PD staff, Credentials Committee5. Name of project: Review and amendment to admission regulations regardingInterjurisdictional PracticeGoal/outcome of project:The outdated regulations regarding transfers, that link back to the Inter-jurisdictional PracticeProtocol which preceded the National Mobility Agreement, are removed to avoid confusion.Timeframe for completion:December 2011Resources required (volunteer, staff):A&PD staff, Credentials Committee, Council6. Name of project: Review and amendment to Regulations regarding internal reviewsGoal/outcome of project:The regulations are amended to provide the Internal Review subcommittee the power to alter theirdecisions when appropriate and changes are made to when an internal review is appropriate inthe skills course.Timeframe for completion:December 2011Resources required (volunteer, staff):

Page 74 of 198A&PD staff, Credentials Committee, Council7. Name of project: Review of Appeals Process for Bar ExaminationGoal/outcome of project: to ensure that the process is running effectively given the FRPAchanges and to implement any necessary changesTimeframe for completion:October, 2011Resources required (volunteer, staff):A&PD staff, Credentials Committee, Screening Committee8. Name of project: Review of Education Plans and requirement for Barristers’ and Solicitors’experience during articlesGoal/outcome of project: to ensure that the current process is the most effective and appropriateprocess.Timeframe for completion:April 2012Resources required (volunteer, staff):A&PD staff, Credentials Committee, Council9. Name of project: Continued Evaluation of Skills CourseGoal/outcome of project:To ensure that the current skills course is running effectively and appropriatelyTimeframe for completion:End of fiscal yearResources required (volunteer, staff):

Page 75 of 198A&PD Staff, Credentials Committee10. Name of project: Implementing Rules for Quebec NotariesGoal/outcome of project: to comply with the National Mobility AgreementTimeframe for completion:End of Fiscal YearResources Required:A&PD Staff, Outside drafting assistance, Credentials Committee, CouncilAdditional Comments on Committee’s Plans or ProgressThe Department is undertaking a review of its processes to greatly enhance the use oftechnology to assist in its regulatory work. For example, we plan to develop on-line processesfor changes of category applications, transfer applications and applications to be an articledclerk and register for the Skills Course. There may be some implications for the CredentialCommittee’s work. The Director will advise if this is in fact the case and co-ordinate with theChair about this work coming before the Committee.

Page 76 of 198Key achievements for the yearGender Equity Committee – Report to Council*May 2012 Email to female practitioners encouraging applications to become a judge, as well as providingongoing support and information on the application process which resulted in a number of femalelawyers submitting applications Events for women based on year of call discussing issues pertaining to women of a similar“vintage” and the retention of women in the practice of law Recommendation to Executive re gowning accommodations being made for pregnant women “Current Issues in Gender Equity” articles in Inforum, based on postcards from the It will be OurLittle Secret Campaign Accolades articles in Society Record highlighting a deserving individual or group effectingchange in the legal profession Avalon booklet, which addresses the use of myth and stereotype in sexual assault cases, wasdistributed to Department of Justice, Victim Services and within the office of the PublicProsecution Service Parental Leave Support Program continues to provide resources, information, support and oneon-oncoaching for members considering or taking parental leave Cocktails and Conversations was held in June, 2011 in Halifax and was once again very-wellattended and received Emma Halpern, Equity Officer, and member of the GEC achieved national recognition in theNovember 2011 issue of Chatelaine magazine, for her work on the GEC, the REC, as EquityOfficer, as well as her work outside the NSBS.What remains to be done? (Comment on why)• Cocktails & Conversations and Roundtable Discussions with Community Groups(Uncommon Law 4) – being held June 8 in Sydney, NSRecommendations for future activities‣ Creating an event in honour of Dara Gordon‣ Overview and participation in the Equity Office organizational review‣ Tracking information related to non-practicing members‣ Determine next steps and recommendations to Council after Uncommon Law 4 event‣ Determine next steps and recommendations to Council after year of call eventsOther commentsThe GEC will have its full planning meeting this summer, providing greater detail on upcoming projectsin the 2012-2013 Work Plan*The Committee’s approved work plan is attached as Appendix A

Page 77 of 198Gender Equity CommitteeCommittee Mandate and ResponsibilitiesMandate:The Gender Equity Committee supports Council in the governance of the Society by monitoring andproviding advice about matters that address issues of gender in the legal profession.Responsibilities:• Review, assess and propose to Council methods of implementing, where feasible,recommendations relating to gender equity in the legal profession.• Monitor the Society’s programs for women in the legal profession, and support delivery by staff asdirected by Council or requested by staff.• Identify barriers to and facilitate active involvement of women lawyers in the volunteer functions ofthe Society and on Council and its Committees• Promote, for Council and members of the Society, awareness of gender equity issues in the legalprofession and in relation to access to justice in Nova Scotia• Develop and recommend to Council:o Policies for the promotion of gender equity in the legal profession in Nova Scotia foradoption by CouncilooMethods to facilitate entry and retention of women in the Nova Scotia legal professionPrograms and initiatives addressing gender equity in the legal profession and access tojustice in Nova ScotiaCommittee Chair:Candee McCarthy, Co-Chair and Heidi Schedler, Co-ChairSub-committees, if any, and names of Chairs:Matters assigned to Committee by Council’s Activity PlanTo begin to address access to justice issues that impact women and childrenDetails for each Project/Initiative1. Name of project:Accolades

Page 78 of 198Goal/outcome of project:Creation of a column in the Society Record that recognizes groups, individuals, firms andorganizations that are effecting change in the legal profession.Timeframe for completion:A column appears in every issue of the Society Record.Resources required (volunteer, staff):Volunteer and staff time.2. Name of project:Recruitment and Retention of Women in the Legal Profession ResearchGoal/outcome of project:To support the research being undertaken by Shannon Webb, Master’s Student at St. Mary’sUniversity, who will be conducting a longitudinal study to provide guidance on the exodus of juniorlawyers from private practice and provide valuable information to the NSBS, law schools and privatefirms, on retention strategies. The committee will provide feedback on the questionnaire andconsultation opportunities for the researchers.Timeframe for completion:Ongoing support will be provided where needed for the duration of the 7 year study.Resources required (volunteer, staff):Staff and volunteer time3. Name of project:Cocktails and Conversations: Your Finest Hour in Front of a JudgeGoal/outcome of project:A yearly event for women lawyers and judges that provides an opportunity to gather and discussissues, and provide support to women in the legal profession.Timeframe for completion:This is a yearly event that generally happens in June each year.Resources required (volunteer, staff):Staff and volunteer time and a budget of $2000 for the event.4. Name of project:The Parental Leave Support Program

Page 79 of 198Goal/outcome of project:The Parental Leave Support Program was developed by the Equity Office and the Gender EquityCommittee of the Nova Scotia Barristers’ Society. The program consists of the following services: Upto six parental leave coaching sessions with the Equity Officer or a trained coach from the GenderEquity Committee or the Lawyers Assistance Program; The opportunity to meet one on one anddiscuss your experience with another lawyer who has taken maternity and/or parental leave and iswilling to share their experience and advice; The information and resources available through thiswebsite.Timeframe for completion:This is an ongoing service provided by the GECResources required (volunteer, staff):Both Volunteer and staff resources are required and some funds for ongoing training.5. Name of project:Diversity in the Judiciary- Women on the BenchGoal/outcome of project:To increase the number of qualified women applying to be appointed to the Bench and to encouragethe consideration of diversity in the appointment process.Timeframe for completion:An email will go out to female members of the Bar in the fall reminding them to consider applying fora judicial appointment. Research will be undertaken throughout the year to identify what the barriersare to increasing female judicial appointments and what can be done to continue to ensure that thejudiciary is adequately representative of the public.Resources required (volunteer, staff):Staff and volunteer time6. Name of project:Round Table Discussions with Community GroupsGoal/outcome of project:The GEC will identify a number of community organizations from around the province that work onissues that address women and access to justice. The committee will then hold a series of roundtable discussions with the community organizations to identify the most pressing access to justiceissues for women in Nova Scotia and how the Society could best support these organizations in thefuture.Timeframe for completion:June 2012

Page 80 of 198Resources required (volunteer, staff):Volunteer and staff time and some funds for refreshments7. Name of project:Events for Women Based on Year of CallGoal/outcome of project:The GEC will host two events this year. One will be for women who have worked in the legalprofession for 10+ years and one for women who are less than 10 years in the profession. Theseevents will be to discuss, in an informal setting, issues pertaining to years of practice and to meetothers with similar experiences. This relates to the retention of women in the legal profession.Timeframe for completion:June 2012Resources required (volunteer, staff):Volunteer and staff time and some funds for refreshments8. Name of project:“It Will be Our Little Secret” Postcard Campaign-Inforum ArticlesGoal/outcome of project:The GEC is committed to seeking information/data from members with respect to glass ceiling issuesand concerns around gender discrimination and harassment in the profession. One way we havebegun to do this is through a campaign requesting the stories and experiences of members regardingbarriers that have been encountered while practicing law in Nova Scotia. We have received morethan 40 responses to this campaign and in the upcoming year we plan to write a column in InForumaddressing the issues that have been raised.Timeframe for completion:June 20129. Name of project:Court Gowns for Pregnant WomenGoal/outcome of project:This project is designed to examine the Court gowning requirements and make recommendations tothe Court in order to ensure that pregnant women are reasonably accommodated.Timeframe for completion:June 2012

Page 81 of 198Resources required (volunteer, staff):Staff and volunteer time.10. Name of Project:Avalon Booklet – Distribution and Outreach of the BookletGoal/outcome of project:To widely distribute the booklet created; that addresses the use of myth and stereotype in sexualassault cases.Timeframe for completion:January 2012Resources required (volunteer, staff):Staff and volunteer time and some funds for print.

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Page 83 of 198“Come on, honey, just laugh it off” ............................................................................................................ 3Closing the pay equity gender gap: a task made for lawyers................................................................... 4“Mom, LLB” ................................................................................................................................................. 5“Killer Instinct” v. Compassion .................................................................................................................. 6Heros in our own lives: Janie Justice, Gloria Steinem and Wonder Woman .......................................... 8Be nice … but not too nice .......................................................................................................................... 9What just happened here? ........................................................................................................................ 10

Page 84 of 198Published in InForum, October 24, 2011“Come on, honey, just laugh it off”by Candee McCarthy, Co-Chair, Gender Equity CommitteeA junior associate is attending a golf tournament with a senior partner from her law firm. The senior partnertakes the opportunity to ask her about her genitalia and complains about the firm policy prohibiting sex withassociates. Given the power dynamics that exist between senior partners and associates, this young womanreacted as many of us would in her shoes – she “just laughed it off.”A woman lawyer sits at her desk, about to start her day. She turns on the computer and there is a pornographicimage on the screen that was intended to be a joke by male colleagues. She “felt humiliated.”Women are often faced with tough decisions on how to handle inappropriate behaviour, when addressing thatbehaviour could have negative consequences for their careers and reputations. As a result, women are often toldto “laugh it off.”There is nothing necessarily wrong with laughing it off; sometimes it is the easiest, quickest way to move onand find closure on an issue. I have done this on a number of occasions myself. When we “laugh it off,” weattempt to make something significant insignificant. This makes it easier for ourselves to accept, but it may alsolet off the perpetrators of the inappropriate or hurtful actions from acknowledging their behaviour and, in someinstances, it may give them confidence to continue behaving in this way.Women lawyers often work in male-centered environments and, of course, they want to succeed, move aheadand be accepted by all of their colleagues. If you are a lone woman at the meeting and a colleague makes asexist comment directed at you, the easiest response is to react with similar sarcasm and/or “laugh it off.” Thereis great pressure for women to fit in with their male colleagues and be able to easily mix with “the boys.” Fearof being alienated – both socially and professionally – is a strong motivator for laughing, even when you areoffended and don’t find something funny. Fear of being labelled a troublemaker or difficult to work with alsoplays a role.It’s important for all of us, as a legal community, to ensure we never encourage our colleagues to “laugh it off.”Instead, we should step up to defend and support others in our community if they are being harassed, humiliatedor mocked. Let’s change our environments to be accepting and supportive of each other. And even moreimportantly, the next time we feel the need to say something that could be hurtful or offensive to someonebecause we believe it is “just a joke,” let’s keep it to ourselves.Sometimes, laughter really is the best medicine. It’s important to have a balance and not take life too seriously,but not when someone is offended, hurt or intimidated. As long as we keep telling women to “laugh it off,”offensive behaviour will continue to be tolerated. When we know it’s wrong, sometimes we have to find thestrength to simply say, “That’s not funny, and this is why.” You may be surprised that you are not the only onewho feels that way!

Page 85 of 198Published in InForum, November 21, 2011Closing the pay equity gender gap: a task made for lawyersby Kathleen Lumsden, member, Gender Equity CommitteeThis article is intended to raise awareness and open discussion on one of the issues brought to light by womencontributing to the GEC postcard campaign.Closing the pay equity gender gap between men and women in the legal profession is a task crafted for lawyers.After all, our legal underpinnings are based upon justice and equality. Despite the ideals of the law, womenlawyers are no different than women in other professions consistently receiving less compensation for doing thesame work as men. Surely, as lawyers we have developed the skills to deal with inequality in all its forms.It is encouraging that the visibility of women within the legal profession is ever increasing. Do not forget theseintelligent, creative, exceptional women practising law are also experiencing prejudice, glass ceilings and basicold-fashioned sexism. Call it what you will, gender inequality translates into economic inequity.The question of why women are receiving less compensation has been widely canvassed. A multitude ofvariables impact the disparity in income for male and female lawyers. It could very well be that women are lessproductive because they choose to commit more time (a.k.a. billable hours) than their male counterparts to theirfamilies. It could also be that women are given less lucrative files, are not promoted on par with their malecolleagues and are less inclined to be on firm compensation committees. This, of course, is not an exhaustivelist. Whether it is based on work-life balance, social norms/values or systemic discrimination, we have aproblem.Lawyers are in the business of solving problems. Inside the lawyer tool kit we can find awareness andeducation. So long as the issue remains, people must continue to talk about it and make others aware of it. Wemust also become educated as to all the contributing factors. Understanding how our routine actions can bedamaging allows us to create new processes for better outcomes. It is in the nature of lawyers to take actionrather than be idle where there exists a wrong to be righted. Examine the ways in which compensation isawarded and actively look for discrimination.Part of routine work for lawyers is using persuasive skills to garner a better position for our clients. This isanother tool to bring about change to equalize financial compensation for the sexes. Economic equality is partof a bigger picture of standard equality between men and women. If we want to espouse our ideals of fairnessand equality, we should be willing to look in our own backyard to make changes. Is there anyone better to closethe pay equity gender gap then those who make their livelihood protecting rights and equality?

Page 86 of 198Published in InForum, December 19, 2011“Mom, LLB”By Amy Sakalauskas, Member, Gender Equity CommitteeAs lawyers, we were afforded an opportunity for education in a field that promotes lifelong learning, givesvaried opportunities to pursue our interests and passions, and can allow us to earn a good living. We areprivileged. Our work can be rewarding, challenging and busy. Add children to the picture and it can be chaos.Lovely chaos, but chaos nonetheless.We know that, as a group, women still carry more of the workload with children. This is not isolated to womenwith a law degree, although the postcards sent to the Gender Equity Committee provide perspective to suchongoing issues. We heard from women who felt penalized for taking parental leave, who were criticized fordevoting time to family, and who faced misplaced assumptions about what it means to be a parent practisinglaw. They felt ostracized and isolated.The reputation of the parenting-law combo has been billed along the lines of rivalries like Ali/Frazier orGraf/Seles. It doesn’t need be that way. As problem solvers, we can work this out. We all lose when womenleave our profession. There are many reasons for it, but the challenges of navigating family responsibilitieswhile practising law is a common culprit. Nobody, woman or man, should have to make an either-or choice. It’stime to take a wider view of how we can deliver service to our clients without compromising life outside theoffice – whether that life includes parenting or not. If my one year old can learn that the square peg won’t fitthrough the round hole, so can we.Flexible work hours, job sharing, more varied compensation structures, support pre and post leave, andmaximizing remote law office technologies are but a few starting points for discussion. Couple these optionswith reasonable expectations, of ourselves and from others, and we could really get this conversation rolling!Beyond offering parental leave, we need to make sure women and men who use these plans know they aresupported in doing so, and will be supported when they return to the office.A quick “Google search” will astound you with the number of “mommy lawyer blogs” out there. Seriously.Haven’t you watched “The Good Wife”? People are talking, letting the profession know that yesterday’s prioritieshave to make room for new perspectives and ideas. Countless women were forced to make impossible choicesbefore these conversations got started. Numbers (and GEC postcards) tell us that their successors are stillgrappling with the same decisions. We should contribute more alternatives, armed with a more balanced view ofwhat “success” can be. And remember, leaving work at 5 pm to pick up children doesn’t mean less ability, lesscommitment or poor prioritizing. But, it can mean a lot less sleep at night – sometimes in an effort to chase abillable hour after lights out or sometimes because, unlike lawyering, parenting really is a 24-hour job.

Page 87 of 198Published in InForum, January 23, 2012“Killer Instinct” v. CompassionBy Catherine A. Cogswell, Member, Gender Equity Committee“Working in a law firm one summer in college I was told by senior male partners in criminal law thatwomen should not/could not practise criminal law as women lacked the ‘killer instinct’.”Many male criminal lawyers in Nova Scotia are no doubt chuckling to themselves that I am taking the time toaddress the archaic and outmoded perspective of this senior male partner. In this article, I will address thisposition on two levels. First, it presupposes that a “killer instinct” is essential to the practice of criminal law.Second, the position attributes a blanket generalization on the personality attributes of all women everywhere.The notion that a “killer instinct” is essential to the practice of criminal law is simplistic and ill-informed. Thepractice of criminal law, whether it be the prosecution or defence of alleged criminal delicts, requires logicaland thoughtful analysis. The women and men practising in this area must frequently draw upon their sense ofcompassion to better understand the larger social context of criminal law. This includes sensitivity to andunderstanding of the multi-generational socio-economic disadvantage many people in our communities sufferfrom; the cultural and racial discrimination many people in our communities suffer from; the pain and sufferingthat addiction, mental health and victimization create within our communities. This is true whether you aredealing with complainants or accused persons.In my experience, the best criminal lawyers are those with balance in their lives. The best are those who have anunderstanding of human pain and suffering and who do their best to understand human failings, understandvictimization and, for prosecutors, understand the need to protect the community, in particular those who arevulnerable. Those who fail are those who merely “go for the kill” or are “out to win” and who fail to understandor take into account the human element involved in every case.For many generations, criminal law was almost exclusively a male domain. As women entered this domain, wehave brought our differing life experiences and perspectives. There can be no doubt that together with some ofour male colleagues, we have changed the practice of criminal law in a very real and human way. That is, thepractice of criminal law today involves a more holistic and compassionate approach to criminal behaviour andvictimization.The suggestion that all women everywhere and for all time lack “a killer instinct” is a generalization that by itsvery nature is intellectually suspect. It is difficult to discern what precisely is meant by the term “killer instinct”.If it refers to an ability to be assertive or even aggressive on occasion or a tendency on occasion to lose one’stemper, or the ability to strongly advocate, then it is indeed sad that the male senior partner’s experience withwomen has been so very limited.When I was first tasked with writing an article dealing with our “postcard campaign,” I thought, “Perfect!Another opportunity to talk about my kids!” Yet another opportunity to talk about the strength and joy drawn

Page 88 of 198from being a mother who happens to practise criminal law on the side. As a woman prosecutor who may or maynot have a streak of “killer instinct”, my children have taught me about true compassion and have made me abetter criminal lawyer as a result.

Page 89 of 198Published in InForum, February 20, 2012Heros in our own lives: Janie Justice, Gloria Steinem and WonderWomanBy Dale Darling, Member, Gender Equity Committee“I thought at least the NSBS (GEC, etc.) understood. Then I got the Society Record. ‘Janie Justice,’LLB(arbie). Teeny waist, balloon breasts. Female lawyers as a cartoon joke …what’s wrong with a REALwoman on the cover?”– Thoughts from a submitted postcardIt would be fair to say there was some negative response to Janie, both in postcards and from women in theprofession I have spoken to. I heard feedback that the image was an objectification that did not serve to promoteequality for women lawyers.I didn’t have that reaction to Janie, and it got me to thinking, why not? I think it was because what I saw was afemale, lawyer, superhero.Female superheroes in popular culture make for an interesting study. At the dawn of the comic era, there werefew – you were more likely to find girlfriends with weak ankles like Lois Lane, or add-ons like Batgirl orSupergirl.The exception, and first real female superhero, was Wonder Woman. Created in the early 1940s, the characterwas an Amazon princess, and a strong and independent woman – at least initially. Not surprisingly, by the ‘60s,Wonder Woman had been stripped of her superpowers and thought mostly about marriage. She was in theJustice League – as the secretary ….Enter – and I’m not kidding about this – Gloria Steinem. Steinem was a fan of the original Wonder Womancreation. In fact, Wonder Woman is on the cover of the premier issue of Ms. Magazine in July of 1972, underthe caption, “Wonder Woman for President”. Steinem saw her as a symbol for a strong independent feminist.When I look at Janie, I see a superhero. I see a lawyer. I see a feminist. When I look at my fellow femalemembers of the Nova Scotia Bar, I see superheroes, strong and brave women who uphold the rule of law (exparte applications, urgent filings, immediate opinions, late nights and early mornings in the office), while“balancing” all the other stuff too, relationships, children, aging parents, volunteer and professional activities.Women who are not afraid to speak their minds, like the writer of the postcard above.I’m betting we won’t all agree on this, but I say, embrace your inner superhero! You may not love the tights, butyou gotta love the attitude. To quote Queen Hippolyte (Wonder Woman’s mom):“Go in peace, my daughter. And remember that, in a world of ordinary mortals, you are a Wonder Woman.”

Page 90 of 198Published in InForum, April 16, 2012Be nice … but not too niceBy Katherine Salsman, Member, Gender Equity Committee“Another senior partner perpetuated a rumour that a client’s desire to have me work on a file wasbecause the client only wanted to sleep with me. I was an articling clerk/first year associate at the time;my advice to young women entering the profession is to keep their heads down and do great work –and don’t be too friendly because, no matter how innocent you are, you’ll be accused/suspected offlirting/sleeping your way up … still in 2009!”“And from another recent partner:• Stop bringing in baked goods. It’s pathetic and makes you appear desperate. People are laughingat you.• Shut up and do what you are told. When are you going to learn your place?”• “While working in a small community with mostly male lawyers, I frequently heard negativecomments about strong women who stood up for women’s rights. There were called ’man-haters’and ’feminists’ (with a very negative connotation) or ’bleeding hearts.’”These responses we received to the “It will be our little secret” postcard campaign, from Nova Scotian lawyers,illustrate clearly the contradictory traits that are expected of women in their legal role. As women, we are oftenexpected to be “nice” – meaning friendly and supportive, willing to take advice and be led, never pushy orcritical, and thinking of others before ourselves. The many women who don’t or won’t live up to this almostimpossible standard can be judged harshly for it. Lawyers, on the other hand, are expected to be something verydifferent – assertive and confident, competitive, opinionated, unemotional critical thinkers, and pushy whenstanding up for a client or themselves.How can someone successfully be both a lawyer and a woman, given those very different expectations?Obviously, given the experiences of some members of our Bar, this still isn’t easy. You can face criticism orcontempt if you are too friendly, too nice or too accommodating, but also when you speak out, have an opinionor stand up for yourself or others.The answer, of course, is you can’t meet both standards. Even meeting one is arguably impossible, and probablyundesirable to most. Who wants to be the sweet but opinion-free helpmeet that some people see as the idealwoman? But who wants to be the hyper-competitive jerk that some people see as the archetypal lawyer?Hopefully these expectations are beginning to fade, and will continue to do so. A woman can’t be a successfulor effective lawyer without being strong, independent and opinionated. But there is maybe more room in thepractice of law for more stereotypically “feminine” traits as well – a little kindness and empathy can grease a lotof wheels and speed a lot of negotiations. Maybe the key is not to eliminate those characteristics and behavioursin our female lawyers, but to encourage them in the men as well. After all, who doesn’t appreciate a homemadecookie at the end of a long workday?

Page 91 of 198Published in InForum, April 30, 2012What just happened here?By Jennifer A. MacLellan, Member, Gender Equity CommitteeWhy do we still need a Gender Equity Committee in 2012? We are equal now. The Chief Justice of theSupreme Court of Canada is female. We had a female Prime Minister (albeit briefly). There are femalewashrooms at the law school. Feminism is irrelevant and gender equity committees are relics of a previous age.You’ve probably heard such comments from women and men. But have you heard this?As a clerk, I was constantly hearing comments from senior male lawyers about female clients’ bodiesand clothes and how “hot” other young female lawyers were. At our Christmas party, a senior lawyerpulled me onto his lap and told me I had a nice ass in front of other lawyers from our community.Nobody said anything. The next day other lawyers apologized to me for my experience, but chalked itup to the fact that the old lawyer was inappropriate and that was it.This incident was detailed in an anonymous postcard received as part of the Gender Equity Committee’songoing “It will be Our Little Secret” campaign. The event described is disturbing, but how exactly do wedefine it?Was it sexual harassment? It happened at a social function involving lawyers, a type of gathering that isessentially mandatory when you are new to the profession for purposes of networking and career advancement.One wonders how this clerk’s networking went after she was so roundly humiliated in front of her peers.Maybe we could use the currently in vogue term of bullying. It certainly sounds like the actions of a bully: asenior lawyer showing a female articled clerk where she fit on the hierarchy, which apparently was firmly onhis lap.Was it a sexual assault? As described, it is an unwanted sexual touching – an adult woman grabbed and held bya man in circumstances that interfered with her bodily integrity.Was it a breach of the Code of Professional Conduct and the obligations imposed by Rule 5:03? It was ademeaning act, committed by a member of the Society upon an articled clerk while a number of other memberswatched and apparently did nothing at the time. If the “old lawyer” had thrown a punch at a male articled clerk,would the reaction have been the same?The lawyers who apologized to the clerk the next day evidently felt obligated to console the clerk. We are nottold if they also addressed it with the senior lawyer, or anyone else. We are told they “chalked it up to the factthat the old lawyer was being inappropriate.” There are many levels of inappropriate behaviour. It would beinappropriate, for instance, if the old lawyer had sneezed in the clerk’s face without covering his mouth. Is“inappropriate” sufficient when a senior lawyer pulls an articled clerk on his lap and informs those assembledshe has a nice ass? The other lawyers (there was more than one) were troubled enough by what happened to

Page 92 of 198actually contact the clerk the next day to apologize. They knew they had witnessed something wrong, which, inthe moment, can be shocking, hard to process and difficult to respond to. The one person who most needed toapologize, the senior lawyer, appears to have done nothing to make amends.So why do we still need a Gender Equity Committee in 2012? We need it because unfortunately, the challengesfacing female lawyers are not limited to such general, abstract issues as work/life balance. This postcard isshocking, hopefully because such an incident – whether defined as harassment, bullying, assault orinappropriate behaviour – is not common. Sadly, this postcard is not the only one to reveal a deeply troublingwork-related experience of a female lawyer. Sexism, while often disguised better, still exists.A Gender Equity Committee is still needed so that any woman who finds herself in the untenable position thisclerk did, facing a situation she may not know how to define, let alone respond to, has somewhere to turn. It isthrough such campaigns as “It will be Our Little Secret” that the Gender Equity Committee does some of itsbest work, reminding lawyers that while we have come far, inequality and chauvinism in their most blatantforms still plague us.To adapt an old saying, the Gender Equity Committee is not anti-male, it is anti-inequality. We must endeavourto treat fellow members of this honourable profession with dignity and respect, regardless of gender.

Page 93 of 198GOVERNANCE AND NOMINATING COMMITTEEReport to Council*Key achievements for the year• Elections. The Committee has reviewed all aspects of the Society’s election processes for bothCouncil and the Second Vice-President. Regulations reflecting new timelines for elections(shorter voting period and coordination between Council and VP elections), communicationsto candidates and members re relevant issues and revision of Council Policies have beenreviewed. The Committee drafted a form of message to be used with the next election that willclarify the reasons for the at-large members of Council. Regulations are in the process of beingdrafted to reflect the changes regarding elections and will be provided to Council for approval.• The Committee reviewed the Council Policies and an amendment to Council Policy 6.4 isproposed and attached as Appendix 2. Council Policy No. 1, in the Committee’s view, requiresfurther work.• The Committee reviewed the policies regarding the Distinguished Service Award and madesome minor revisions to them in order to assist the sub-committee responsible for reviewingthe nominations and making a recommendation to Council. A copy of the revised Policy isattached as Appendix 3.• The Committee gathered information from all Canadian law societies regarding the awardsthey present. At the present time, the Committee is not recommending that any additionalawards be given by the Society.• The Committee has reviewed the Committee appointment process in light of its work plan anddoes not propose any significant changes to the process as long as it remains open andtransparent and that lawyers seeking to become involved in the Society’s activities, have anopportunity to do so, considering the needs of the Society for new Committee members.Policy should ensure that there is clear communication with those who we are unable toaccommodate.What remains to be done? (Comment on why)• A comprehensive review of the Society’s regulations has begun but likely will not becompleted before the Annual Meeting. The Committee will add this to its work plan for thenext year.• The process for Council evaluation is still relatively new and as yet no discussions between theCouncil Evaluation Group and the Committee have occurred that would allow for a

Page 94 of 198consideration of whether changes to the Council evaluation process are required.• Review Council Policy No. 1, i.e., Role of Council members with a view to ensuringsubstantive and drafting consistency with other Policies.Recommendations for future activities• Complete the review of all NSBS regulations• Consult with Council Evaluation Group regarding the Council evaluation process• In 2013 the Committee will be required to nominate a Second Vice-President candidate fromoutside Halifax• Review the level of remuneration provided to the PresidentOther commentsThe remuneration of the President was not on the Committee’s agenda although it was identified as anssue in the course of selection of a nominee for Second VP. The Committee has done some preliminaryreview of the matter, considered the original report to Council on the matter from 2000 (attached asAppendix 3) and has determined that regular reviews of the level of remuneration have not occurred.For that reason the Committee recommends that this matter be undertaken by it, likely with theassistance of some former Past Presidents.Attached:Appendix 1 The Committee’s approved work planAppendix 2 Rev. Policy Distinguished Service AwardAppendix 3 Report re Honorarium for Society Officer 2000

Page 95 of 198Governance and Nominating CommitteeCommittee Mandate• The Committee supports Council in the governance of the Society by:o Assisting with the recruitment, appointment and election of members of Council andOfficers of the Societyo Supporting Council’s commitment to the principles and practices of good governanceCommittee Responsibilities• Establish and ensure an open and transparent nominating and election process for Councilpositions, that provides candidates for all positions• Recruit a Second Vice President nominee• Recruit candidates for Public Representatives on Council for appointment by Council• Consult with the Equity Officer, the Racial Equity Committee and other relevant organizationsprior to finalizing nominations• Recommend to Council recipients of the Distinguished Service Award, and other Honours andAwards, as appropriate• Support Council’s governance of the Society, including but not limited to:o recommending changes to the Legal Profession Act and Regulations and changes toCouncil Policieso Monitor and review Council governance policieso Support, as requested by the Executive Committee or by Council, the regular evaluationof Council or its Committees• Annually recommend, for Council approval, committee appointmentsCommittee Chair – Marjorie Hickey QCSub-committees, if any, and names of ChairsC’tee for Distinguished Service Award –To be appointedA. Matters assigned to Committee by Council’s Activity PlanActivity 1.7 ― ElectionsThere is a review of the Society’s election process andregulationsOutcome – There are clear policies and regulations inplace to ensure a fair election processB. Matters assigned by Terms of ReferenceA. List of All Existing Projects and Initiatives of the Committee and itsSubcommittees (See Attached)

Page 96 of 1981. Activity – Review of Council PoliciesGoal/outcome of activityo To ensure Council policies are current, relevant and that appropriate archivalinformation is maintained for all amendmentsTimeframe for completiono Report to Council in May, 2012Resources requiredo Subcommittee to complete initial review and to report to full Committee byJanuaryProgress/update on activity (for May 2012)o2. Activity – Second VP RecruitmentGoal/outcome of activityo To conduct an open and transparent process for nominations for 2 nd VPTimeframe for completiono Nomination to be ready by mid/late January 2012Resources requiredo Interview CommitteeProgress/Update on activity (for May 2012)o

Page 97 of 1983. Activity – Distinguished Service AwardGoal/outcome of activityo Review parameters for award, process for nominations, format for presentation,timing of award and make recommendations to Council re the foregoing and anomineeTimeframe for completiono No later than May Council meetingResources requiredo DSA Subcommitteeo AdvertisingProgress/Update4. Activity – Review of Legal Profession Act and RegulationsGoal/outcome of activityo Commence oversight of review of Regulations, to ensure they are current,relevant and consistent with Act and within themselves, in terms of style andcontent. To extent changes are needed, recommend to Council. Initial focus willbe on Election and Governance issues, and Part 9 of the RegulationsTimeframe for completiono May, 2012 for report to Council, although work may need to take place over morethan one Council yearResources requiredo Sub-groups to review discrete areas, including staff membersProgress/Update on activity (for May 2012)

Page 98 of 1985. Activity – Council EvaluationGoal/outcome of activityo Review Council Evaluation process as recommended by new Council sub-committeeand provide inputo Timeframe for completiono February 2012Resources requiredo Liaison with Council Evaluation GroupProgress/Update on activity (for May 2012)o6. Activity – Review of Society’s Election Process and RegulationsGoal/outcome of activityo There are clear policies and regulations in place to ensure a fair election processTimeframe for completiono May Council meetingResources requiredoProgress/Update on activity (for May 2012)o October meeting to be devoted to this issue, leading towardpreparation of Discussion Paper for circulation to members forfeedback on 2011 election process

Page 99 of 1987. Activity – Consider Potential for Other AwardsGoal/outcome of activityo Committee makes recommendations to Council regarding whether any additionalhonours or awards should be availableTimeframe for completiono May Council meetingResources requiredoProgress/Update on activity (for May 2012)o8. Activity – Committee AppointmentsGoal/outcome of activityo To ensure Committee appointment process is open, transparent and providesqualified and dedicated volunteers to serve on Society committeesTimeframe for completiono February 2012Resources requiredo D Pink to prepare written summary of current process for November meetingProgress/Update on activityo

Page 100 of 198Existing Regulation Proposed Regulation Clean Copy2.3 Council2.3.1 For each election starting in 2011, theelected members of Council referred to inSection 7(1) of the Act shall bea) Two practising lawyers from the CapeBreton District;b) Two practising lawyers from theSouthwestern District;c) Two practising lawyers from the CentralDistrict; andd) Four practising lawyers from the HalifaxRegional Municipality; ande) Three practising lawyers from anywherein the ProvincePostal Codes2.3.2 For the purpose of subregulation 2.3.1, alawyer practises primarily in the county, area ordistrict that corresponds to the current mailingaddress for the lawyer on file at the Society.[Reg. 5(2) amended]2.3 Council2.3.1 For each election starting in 2011, theelected members of Council referred to inSection 7(1) of the Act shall bea) Two practising lawyers from the CapeBreton District;b) Two practising lawyers from theSouthwestern District;c) Two practising lawyers from theCentral District; andd) Four practising lawyers from theHalifax Regional Municipality; ande) Three practising lawyers or nonpracticingmembers from anywhere inthe Province.Postal Codes District2.3.2 For the purpose of subregulation 2.3.1, alawyer practises primarily in the county, area ordistrict that corresponds to the current mailingaddress for the lawyer on file at the Society.[Reg. 5(2) amended]Term of Council2.3.35 The term of a Council is two years,commencing immediately following the AnnualMeeting which follows its election. [Reg. 5(3)amended]2.3 Council2.3.1 For each election starting in 2011, theelected members of Council referred to inSection 7(1) of the Act shall bea) Two practising lawyers from the CapeBreton District;b) Two practising lawyers from theSouthwestern District;c) Two practising lawyers from the CentralDistrict; andd) Four practising lawyers from the HalifaxRegional Municipality; ande) Three practising lawyers or nonpracticingmembers from anywhere inthe Province.District2.3.2 For the purpose of subregulation 2.3.1, alawyer practises primarily in the district thatcorresponds to the current mailing address for thelawyer on file at the Society.Term of Council2.3.3 The term of a Council is two years,commencing immediately following the AnnualMeeting which follows its election.

Page 101 of 198Existing Regulation Proposed Regulation Clean CopyTerm of Council member2.3.3 Members of Council elected undersubregulation 2.3.1, are eligible to serve amaximum of three consecutive terms. [new]Vacancy on Council2.3.4 In the case of a vacancy on Council,Council shall appoint a practising lawyer fromthe appropriate county, area or district to fill thevacancy for the remainder of the term, whichtime does not count as one of the terms allowedby subregulation 2.3.3. [Reg. 5(14) amended]Term of Council2.3.5 The term of a Council is two years,commencing immediately following the AnnualMeeting which follows its election. [Reg. 5(3)amended]First Meeting of Council2.3.6 The first meeting of a new Council shall beheld immediately following the Annual Meetingwhich follows its election. [Reg. 5(4) amended]Quorum for Council2.3.7 The quorum for a meeting of Council shallbe a majority of its members. [new]Number of Meetings2.3.8 A minimum of six Council meetings peryear shall be held at such time and place asdetermined by the Executive Committee. [Reg.5(5)Term of Council member2.3.43 Members of Council elected undersubregulation 2.3.1, are eligible to serve amaximum of three consecutive terms. [new]Vacancy on Council2.3.5 In the case of a vacancy on Council,Council shall appoint a practising lawyer fromthe appropriate county, area or district to fill thevacancy for the remainder of the term, whichtime does not count as one of the terms allowedby subregulation 2.3.3. [Reg. 5(14) amended]Term of Council2.3.5 The term of a Council is two years,commencing immediately following the AnnualMeeting which follows its election. [Reg. 5(3)amended]First Meeting of Council2.3.6 The first meeting of a new Council shallwill be held immediately following the AnnualMeeting which follows its election. [Reg. 5(4)amended]Quorum for Council2.3.7 The quorum for a meeting of Council shallbe is a majority of its members. [new]Number of Meetings2.3.8 A minimum of six Council meetings peryear shall will be held at such time and place asdetermined by the Executive Committee. [Reg.5(5)Term of Council member2.3.4 Members of Council elected undersubregulation 2.3.1 are eligible to serve amaximum of three consecutive terms.Vacancy on Council2.3.5 In the case of a vacancy on Council,Council shall appoint a practising lawyer fromthe appropriate district to fill the vacancy for theremainder of the term, which time does notcount as one of the terms allowed bysubregulation 2.3.3.First Meeting of Council2.3.6 The first meeting of a new Council will beheld immediately following the Annual Meetingwhich follows its election.Quorum for Council2.3.7 The quorum for a meeting of Council is amajority of its members.Number of Meetings2.3.8 A minimum of six Council meetings peryear will be held at such time and place asdetermined by the Executive Committee.

Page 102 of 198Existing Regulation Proposed Regulation Clean CopyForm of Meetings2.3.9 Council meetings may be conducted inperson, by teleconference, videoconference orsuch other means of electronic communicationapproved by Council. [Reg. 5(6) amended]Notice of Meetings2.3.10 Members of Council shall receive at least24 hours notice of a meeting of Council, togetherwith an agenda of the business to be transacted,but failure to receive such notice does notinvalidate the meeting or the business conductedat the meeting. [Reg. 5(7)]Special Meetings2.3.11 A special meeting of Council may becalled by the President, or in the absence of thePresident, the first Vice-President by sendingnotice of the meeting to members of Council.[Reg. 5(8)]Special Meeting on Request2.3.12 A special meeting of Council shall becalled by the President, or in the absence of thePresident, the first Vice-President, upon receiptof a written request to do so signed by at leastseven members of Council, by sending notice ofthe meeting to members of Council. [Reg. 5(9)]Parliamentary Procedure at Meetings2.3.13 The proceedings at the meetings of theSociety and of the Council shall be conducted asnearly as possible in accordance withparliamentary procedure. [Reg. 7]Form of Meetings2.3.9 Council meetings may be conducted inperson, by teleconference, videoconference orsuch other means of electronic communicationapproved by Council. [Reg. 5(6) amended]Notice of Meetings2.3.10 Members of Council shall receive at least24 hours notice of a meeting of Council,together with an agenda of the business to betransacted, but failure to receive such noticedoes not invalidate the meeting or the businessconducted at the meeting. [Reg. 5(7)]Special Meetings2.3.11 A special meeting of Council may becalled by the President, or in the absence of thePresident, the fFirst Vice-President by sendingnotice of the meeting to members of Council.[Reg. 5(8)]Special Meeting on Request2.3.12 A special meeting of Council shall becalled by the President, or in the absence of thePresident, the fFirst Vice-President, uponreceipt of a written request to do so signed by atleast seven members of Council, by sendingnotice of the meeting to members of Council.[Reg. 5(9)]Parliamentary Procedure at Meetings2.3.13 The proceedings at the meetings of theSociety and of the Council shall will beconducted as nearly as possible in accordancewith parliamentary procedure. [Reg. 7]Form of Meetings2.3.9 Council meetings may be conducted inperson, by teleconference, videoconference orsuch other means of electronic communicationapproved by Council.Notice of Meetings2.3.10 Members of Council shall receive at least24 hours notice of a meeting of Council,together with an agenda of the business to betransacted, but failure to receive such noticedoes not invalidate the meeting or the businessconducted at the meeting.Special Meetings2.3.11 A special meeting of Council may becalled by the President, or in the absence of thePresident, the First Vice-President by sendingnotice of the meeting to members of Council.Special Meeting on Request2.3.12 A special meeting of Council shall becalled by the President, or in the absence of thePresident, the First Vice-President, upon receiptof a written request to do so signed by at leastseven members of Council, by sending notice ofthe meeting to members of Council.Parliamentary Procedure at Meetings2.3.13 The proceedings at the meetings of theSociety and of the Council will be conducted asnearly as possible in accordance withparliamentary procedure.

Page 103 of 198Existing Regulation Proposed Regulation Clean Copy2.5 ElectionsThe Executive Director is responsible for theproper conduct of any elections required by theseregulations.2.5.1 Elections are to be held by secret ballot.Election by Electronic Means2.5.2 Electronic processes, including the Internet,may be used for elections, so long as the specifictechnology is approved by Council.Resident Members May Vote2.5.3 All members resident in the Province mayvote for members of Council in the electionbeing held in the county, area or districtcorresponding to their current mailing address onfile at the Society.2.5.3.1 All members of the Society may vote forthe three members of Council who are electedpursuant to regulation 2.3.1(e).2.4 Council Election Years2.4.1 An election shall be conducted in 2007 andevery second year thereafter to elect practisinglawyers to be members of Council required to beelected under s.7(1)(a) of the Act andsubregulation 2.3.1. [Reg. 5B(1) amended]2.5 ElectionsThe Executive Director is responsible for theproper conduct of any elections required bythese rRegulations.2.5.1 Elections are to be held by secret ballot.Election by Electronic Means2.5.2 Electronic processes, including theInternet, may be used for elections, so long asthe specific technology is approved by Council.Resident Members May Eligibility to Vote2.5.3 All members in good standing who areresident in the Province may vote for membersof Council in the election being held in thecounty, area or district corresponding to theircurrent mailing address on file at the Society.2.5.3.1 All members of the Society in goodstanding may vote for the At-Large threemembers of Council who are elected pursuant toregulation 2.3.1(e).2.4 Council Election Years2.4.1 Subject to subregulation 2.4.1.1, Aanelection shall will be conducted in 2007 andevery second each odd-numbered yearthereafter to elect:(a) practising lawyers to be members ofCouncil, required to be elected unders.Section 7(1)(a) of the Act and subregulation2.3.1; and(b) either practising lawyers or nonpractisingmembers of the Society to the At-Large positions on Council. [Reg. 5B(1)2.4 Elections2.4.1The Executive Director is responsible forthe proper conduct of any elections required bythese Regulations.2.4.2 Elections are to be held by secret ballot.Election by Electronic Means2.4.3 Electronic processes, including theInternet, may be used for elections, so long asthe specific technology is approved by Council.Eligibility to Vote2.4.4 All members in good standing who areresident in the Province may vote for membersof Council in the election being held in thedistrict corresponding to their current mailingaddress on file at the Society.2.4.5 All members of the Society in goodstanding may vote for the At-Large members ofCouncil.2.5 Council Election Years2.5.1 Subject to subregulation 2.5.1.1, anelection will be conducted in each oddnumberedyear to elect:(a) practising lawyers to be membersof Council, required to be elected under Section7(1)(a) of the Act and subregulation 2.3.1; and(b) either practising lawyers or nonpractisingmembers of the Society to the At-Large positions on Council.

Page 104 of 198Existing Regulation Proposed Regulation Clean Copyamended]District Elections2.4.2 On or before the fifteenth day of Februaryof a Council election year, the Executive Directorshall circulate, in the four districts referred to insubregulation 2.3.1 (a)–(d,) nomination forms formembers of Council.Nominations Forms2.4.3 A candidate for Council may be nominatedby forwarding to the Executive Director on orbefore the first day of March of a Councilelection year a nomination form signed by fivepractising lawyers who practise primarily in thesame district as the candidate.District Elections2.4.2 On or before the fifteenth day of Prior toFebruary 1 of a Council election year, theExecutive Director shall will advertise fornominations and communicate the purposeof District and At-large elections to thosewho are eligible to be nominated and to vote.circulate, in the four districts referred to insubregulation 2.3.1 (a)–(d,) nomination formsfor members of Council.Nominations Forms2.4.3 A candidate for Council may benominated by forwarding to the ExecutiveDirector on or before the first day of March of aCouncil election year a nomination form signedby five practising lawyers who practiseprimarily in the same district as the candidate.Nominations2.4.3 The nomination of a candidate forelection to Council is valid only if(a) it is in writing, signed by fivemembers of the Society in goodstanding who are eligible to votein the district in which thenominee seeks to be a candidate;(b) the nominee consents in writingto the nomination, and(c) the nomination and consent arereceived by the Executive Director onor before the date nominations close.District Elections2.5.2 Prior to February 1 of a Council electionyear, the Executive Director will advertise fornominations and communicate the purpose ofDistrict and At-large elections to those who areeligible to be nominated and to vote.Nominations2.5.3 The nomination of a candidate for electionto Council is valid only if(a) it is in writing, signed by fivemembers of the Society in goodstanding who are eligible to vote inthe district in which the nomineeseeks to be a candidate;(b) the nominee consents in writing tothe nomination, and(c) the nomination and consent arereceived by the Executive Director on orbefore the date nominations close.

Page 105 of 198Existing Regulation Proposed Regulation Clean CopyNominations Close2.4.3.1 The nominations for District electionswill close on February 15.Acclamation2.4.4 If the number of candidates nominateddoes not exceed the number to be elected in adistrict, the Executive Director must declarethat those nominated are elected to Councilfor that district.Election2.4.4.1 If the number of candidatesnominated exceeds the number to be electedin a district, then an election must be held forthat district.Nominations Close2.5.3.1 The nominations for District electionswill close on February 15.Acclamation2.5.4 If the number of candidates nominateddoes not exceed the number to be elected in adistrict, the Executive Director must declare thatthose nominated are elected to Council for thatdistrict.Election2.5.4.1 If the number of candidates nominatedexceeds the number to be elected in a district,then an election must be held for that district.Nominations Received2.4.4 When(a) the number of nominations receivedfrom a district is equal to or less thanthe number of members to be electedto Council from a district, thosemembers are to be declared elected;or(b) more nominations are received formembers of Council than there aremembers to be elected to Councilfrom a district, an election shall beheld.Council Fills Vacancy2.4.1.1 If the number of nominations receivedfrom a district is less than the number of membersto be elected to Council from a district, Council,on the recommendation of the Governance andNominations Received2.4.4 When(a) the number of nominations receivedfrom a district is equal to or less thanthe number of members to be electedto Council from a district, thosemembers are to be declared elected;or(b) more nominations are received formembers of Council than there aremembers to be elected to Councilfrom a district, an election shall beheld.Council Fills Vacancy2.4.5 1.1 If the number of candidates nominatedions received from a district is less than thenumber of members to be elected to Councilfrom a district, Council, on the recommendationCouncil Fills Vacancy2.5.5 If the number of candidates nominated isless than the number of members to be elected toCouncil from a district, Council, on therecommendation of the Governance and

Page 106 of 198Existing Regulation Proposed Regulation Clean CopyNominating Committee, shall appoint a practisinglawyer from the district to be a member of the newCouncil and to take office when the new Councildoes so.Review of Nominations2.4.5 As soon as possible after the first day ofMarch of a Council election year, the ExecutiveDirector shall review the nomination formsreceived for members of Council and shall(a) declare those members of Councilelected in accordance with the Act andRegulations;(b) determine in which districts anelection is required.District Election Ballots2.4.6 If an election is to be held in a district, theExecutive Director shall forward ballots to allmembers of the Society in the district on orbefore the fifteenth of March.District Elections Voting2.4.7 The voting period shall remain open andballots will be received until 4:30 pm on the 30 thof March following which the Executive Directorshall(a) count the ballots;(b) declare elected the individuals withthe most votes;(c) advise the membership of the results.of the Governance and Nominating Committee,shall must appoint a practising lawyer from thedistrict to be a member of the new Council and totake office when the new Council does so.Review of Nominations2.4.5 As soon as possible after the first day ofMarch of a Council election year, the ExecutiveDirector shall review the nomination formsreceived for members of Council and shall(a) declare those members of Councilelected in accordance with the Act andRegulations;(b) determine in which districts anelection is required.District Election Ballots2.4.6 If an election is required to be held in adistrict, the Executive Director shall mustforward ballots or voting information to allmembers of the Society in good standing whoare eligible to vote in the district by the firstMonday in on or before the fifteenth of March.District Elections Voting2.4.7 The voting period shall must remain openand ballots will be received until 4:30 5:00 pmon the third Monday in 30 th of Marchfollowing which the Executive Director shallmust(a) count the ballots;(b) declare elected the individuals withthe most votes;(c) advise the members of the Societyof publish the results.Nominating Committee, must appoint a practisinglawyer from the district to be a member of thenew Council and to take office when the newCouncil does.District Election Ballots2.5.6 If an election is required in a district, theExecutive Director must forward ballots orvoting information to all members of the Societyin good standing who are eligible to vote in thedistrict by the first Monday in March.District Elections Voting2.5.7 The voting period must remain open andballots will be received until 5:00 pm on thethird Monday in March following which theExecutive Director must(a) count the ballots;(b) declare elected the individuals withthe most votes;(c) publish the results.

Page 107 of 198Existing Regulation Proposed Regulation Clean CopyNominations for At-Large Positions2.4.8 At the time of advising the membership ofthe results of an election pursuant to 2.4.7, theExecutive Director shall call for nominations forcandidates for members of Council pursuant toRegulation 2.3.1 (e)Nominations Received2.4.9 The candidates for Council pursuant toRegulation 2.3.1 (e) may be nominated byforwarding to the Executive Director, on orbefore the fifteenth of April, a nomination formsigned by five members in good standing of theSociety.Council Fills Vacancy2.4.10 If less than three nominations arereceived for this election, Council, on therecommendation of the Governance andNominations for At-Large Positions2.4.8 At the time of advising the members of theSociety of publishing the results of an electionpursuant to subregulation 2.4.7, the ExecutiveDirector shall will call for nominations forcandidates for members of Council pursuant toRsubregulation 2.3.1(e).Nominations Received2.4.9 The candidates for Council pursuant toRsubregulation 2.3.1(e) may be nominated byforwarding to the Executive Director, on orbefore the fifteenth of April, a nomination formsigned by five members in good standing of theSociety.Nominations2.4.9 The nomination of a candidate forelection to Council as an At-Large member isvalid only if(a) it is in writing, signed by fivemembers of the Society in goodstanding;(b) the nominee consents in writingto the nomination, and(c) the nomination and consent arereceived by the Executive Director onor before the first Monday in April.Council Fills Vacancy2.4.10 If less than three nominations arereceived for this the At-Large election,Council, on the recommendation of theNominations for At-Large Positions2.5.8 At the time of publishing the results of anelection pursuant to subregulation 2.5.7, theExecutive Director will call for nominations forcandidates for members of Council pursuant tosubregulation 2.3.1(e).Nominations2.5.9 The nomination of a candidate for electionto Council as an At-Large member is valid onlyif(a)it is in writing, signed by fivemembers of the Society in goodstanding;(b) the nominee consents in writing tothe nomination; and(c) the nomination and consent arereceived by the Executive Director on or beforethe first Monday in April.Council Fills Vacancy2.5.10 If less than three nominations arereceived for the At-Large election, Council, onthe recommendation of the Governance and

Page 108 of 198Existing Regulation Proposed Regulation Clean CopyNominating Committee, will appoint a practisinglawyer to be a member of the new Council and totake office when the new Council does so.At-Large Election Ballots2.4.11 If an election is to be held, the ExecutiveDirector shall forward ballots to all members ofthe Society on or before the twenty-third ofApril.At-Large Elections Voting2.4.12 The voting period shall remain open andballots shall be received until 4:30 pm on thethirtieth of April following which the ExecutiveDirector shall(a) count the ballots;(b) declare elected the individuals withthe most votes(c) advise the membership of the results.Governance and Nominating Committee, willappoint a one or more members of the Societyto be a member of the new Council and to takeoffice when the new Council does so.At-Large Election Ballots2.4.11 If an election is required to be held, theExecutive Director shall will forward ballots toall members of the Society in good standing bythe third Monday in on or before the twentythirdof April.At-Large Elections Voting2.4.12 The voting period shall must remainopen and ballots shall will be received until 4:305:00 pm on the fourth Monday in thirtieth ofApril following which the Executive Directorshall must(a) count the ballots;(b) declare elected the individuals with themost votes; and(c) advise the members of the Society ofpublish the results.Nominating Committee, will appoint one ormore members of the Society to be a member ofthe new Council and to take office when the newCouncil does.At-Large Election Ballots2.5.11 If an election is required, the ExecutiveDirector will forward ballots to all members ofthe Society in good standing by the thirdMonday in April.At-Large Elections Voting2.5.12 The voting period must remain open andballots will be received until 5:00 pm on thefourth Monday in April following which theExecutive Director must(a) count the ballots;(b) declare elected the individuals with themost votes; and(c) publish the results.Second Vice President Election2.5.4 On October 15 of each year, theExecutive Director will advertise fornominations and communicate thedescription and process for nomination of theSecond Vice-President to all members of theSociety who are eligible to vote.Nominations2.5.4.2 On or before January 31 of every yearthe Governance and Nominating Committee2.6 Second Vice President Election2.6.1 On October 15 of each year, the ExecutiveDirector will advertise for nominations andcommunicate the description and process fornomination of the Second Vice-President to allmembers of the Society who are eligible to vote.Nominations2.6.2 On or before January 31 of every year theGovernance and Nominating Committee will :

Page 109 of 198Existing Regulation Proposed Regulation Clean Copywill :(a) advise the members of theSociety of its nominee for Second VicePresident, and(b) call for nominations from others forSecond Vice President.Validity of Nomination2.5.4.1 The nomination of a candidate forelection as Second Vice-President is validonly if(a) it is in writing, signed by tenmembers of the Society in good standing;(b) the nominee consents in writing to thenomination,.(c) there would not be a contravention ofSection 8(1) of the Act if the nominee wereelected the Second Vice-President, and(d) the nomination and consent arereceived by the Executive Director on orbefore February 15.No Additional Nominations2.5.4.3 If no additional nominations arereceived, the candidate nominated by theGovernance and Nominating Committee willbe deemed to be elected.(a) advise the members of the Societyof its nominee for Second Vice President, and(b) call for nominations from others forSecond Vice President.Validity of Nomination2.6.3 A nomination of a candidate for electionas Second Vice-President is valid only if(a) it is in writing, signed by ten membersof the Society in good standing;(b) the nominee consents in writing to thenomination;(c) there would not be a contravention ofSection 8(1) of the Act if the nominee wereelected the Second Vice-President; and(d) the nomination and consent are receivedby the Executive Director on or beforeFebruary 15.No Additional Nominations2.6.4 If no additional nominations are received,the candidate nominated by the Governance andNominating Committee will be deemed to beelected.

Page 110 of 198Existing Regulation Proposed Regulation Clean CopyVice Presidential Election2.5.4.5 If an election for Second Vice-President is required, the Executive Directorwill forward ballots or voting information toall members of the Society in good standingby the first Monday in March.Vice Presidential Election2.6.5 If an election for Second Vice-Presidentis required, the Executive Director willforward ballots or voting information to allmembers of the Society in good standing bythe first Monday in March.Second Vice President Election2.5.4 The election for Second Vice-Presidentshall be held at the same time as the election formembers of CouncilSecond Vice President Election2.5.5 The election for Second Vice-Presidentshall must be held every year at the same timeas the election for members of Council.All Members May Vote2.5.5 All members of the Society who are notsuspended may vote in the election for secondVice-President.2.5.6 Members eligible to vote in any election,shall be notified by the Executive Director viaelectronic or other means, and will have a periodof 30 days to cast their ballot.2.5.7 The notification required by subregulation2.5.6 shall be sent to eligible members no laterthan the first day of April in each election year.All Members May Vote2.5.5 All members of the Society in goodstanding who are not suspended may vote in theelection for sSecond Vice-President.2.5.6 Members eligible to vote in any election,shall be notified by the Executive Director viaelectronic or other means, and will have aperiod of 30 days to cast their ballot.2.5.7 The notification required by subregulation2.5.6 shall be sent to the eligible members nolater than the first day of April in each electionyear.Voting Period2.5.6 The voting period must remain openand ballots will be received until 5:00 pm onthe third Monday in March following whichthe Executive Director must(a) count the ballots;(b) declare elected the individual withthe most votes;Voting Period2.6.6 The voting period must remain open andballots will be received until 5:00 pm on thethird Monday in March following which theExecutive Director must(a) count the ballots;(b) declare elected the individual with themost votes;

Page 111 of 198Existing Regulation Proposed Regulation Clean Copy(c) publish the results including thenames of the candidates, the totalnumber of ballots cast, the totalnumber of ballots cast for eachcandidate, the total number ofspoiled ballots.(c) publish the results, including thenames of the candidates, the totalnumber of ballots cast, the totalnumber of ballots cast for eachcandidate, the total number of spoiledballots.2.5.8 Following an election, the ExecutiveDirector shall notify the membership of theresults of the election which notification shallinclude the names of the candidates, the totalnumber of ballots cast, the total number ofballots cast for each candidate, the total numberof spoiled ballots.2.6 Appointment of Public Representatives2.6.1 At its first meeting, or whenever a vacancyoccurs, Council shall appoint, from among namespresented by the Nominating Committee, threepersons who are not members of the Society tobe Public Representatives on Council. [new]Term of Public Representative2.6.2 Public Representatives may serve amaximum of two terms. [Section 21(3) Act,amended]2.7 Election for Second Vice-President2.7.1 An election shall be conducted every yearfor Second Vice-President.Nomination for Second Vice-President2.7.2 On or before the fifteenth day of Februaryeach year, the Nominating Committee shalladvise members of the Society of its nomination2.5.8 Following an election, the ExecutiveDirector shall notify the membership of theresults of the election which notification shallinclude the names of the candidates, the totalnumber of ballots cast, the total number ofballots cast for each candidate, the total numberof spoiled ballots.2.6 Appointment of Public Representatives2.6.1 At its first meeting, or whenever avacancy occurs, Council shall must appoint,from among names presented by theGovernance and Nominating Committee, threepersons, who are not members of the Society, tobe Public Representatives on Council. [new]Term of Public Representative2.6.2 Public Representatives may serve amaximum of two terms of two years . [Section21(3) Act, amended]2.7 Election for Second Vice-President2.7.1 An election shall be conducted every yearfor Second Vice-President.Nomination for Second Vice-President2.7.2 On or before the fifteenth day of Februaryeach year, the Nominating Committee shalladvise members of the Society of its nomination2.7 Appointment of Public Representatives2.7.1 At its first meeting, or whenever a vacancyoccurs, Council must appoint, from amongnames presented by the Governance andNominating Committee, three persons, who arenot members of the Society, to be PublicRepresentatives on Council.Term of Public Representative2.7.2 Public Representatives may serve amaximum of two terms of two years

Page 112 of 198Existing Regulation Proposed Regulation Clean Copyfor Second Vice-President.Further Nomination for Second Vice-President2.7.3 A candidate for Second Vice-President maybe nominated by forwarding to the ExecutiveDirector, before the fifteenth day of March eachyear,(a) a nomination form signed by tenmembers of the Society, not more thanfive of whom practise primarily in thesame district as the candidate; and(b) a consent form signed by thecandidate.Restriction on Nominations for Second Vice-President2.7.4 No nomination shall be accepted forSecond Vice-President that would result in acontravention of Section 8(1) of the Act if thenominee were elected the Second Vice-President.No Further Nomination for Second Vice-President2.7.5 If no nomination is received pursuant tosubregulation 2.7.3, the candidate nominated bythe Nominating Committee shall be declaredelected.Further Nominations for Second Vice-President2.7.6 If one or more nominations are receivedpursuant to subregulation 2.7.3, an election shallbe conducted.2.8 Absencefor Second Vice-President.Further Nomination for Second Vice-President2.7.3 A candidate for Second Vice-Presidentmay be nominated by forwarding to theExecutive Director, before the fifteenth day ofMarch each year,(a) a nomination form signed by tenmembers of the Society, not more thanfive of whom practise primarily in thesame district as the candidate; and(b) a consent form signed by thecandidate.Restriction on Nominations for Second Vice-President2.7.4 No nomination shall be accepted forSecond Vice-President that would result in acontravention of Section 8(1) of the Act if thenominee were elected the Second Vice-President.No Further Nomination for Second Vice-President2.7.5 If no nomination is received pursuant tosubregulation 2.7.3, the candidate nominated bythe Nominating Committee shall be declaredelected.Further Nominations for Second Vice-President2.7.6 If one or more nominations are receivedpursuant to subregulation 2.7.3, an election shallbe conducted.

Page 113 of 198Existing Regulation Proposed Regulation Clean Copy2.8.1 A member of Council who is not presentfor three consecutive meetings of Council isdeemed to have resigned from Council, unlessCouncil otherwise determines.Professional Misconduct2.8.2 A member of Council who is convicted ofprofessional misconduct, conduct unbecoming orincompetence under Part 3 of the Act shall bedeemed to have resigned from Council. [new]Absence of President2.8.3 In the case of a vacancy in the office ofPresident or in the absence or inability of thePresident to act, the First Vice-President or,failing that, the Second Vice-President, has allthe powers of the President. [Reg. 5(11)]2.7 Absence2.7.1 A member of Council who is not presentfor three consecutive meetings of Council isdeemed to have resigned from Council, unlessCouncil otherwise determines.Professional Misconduct2.7.2 A member of Council who is convicted ofprofessional misconduct, conduct unbecomingor incompetence or found to be incapacitatedunder Part 3 of the Act shall be deemed to haveresigned from Council. [new]Absence of President2.7.3 In the case of a vacancy in the office ofPresident or in the absence or inability of thePresident to act, the First Vice-President or,failing that, the Second Vice-President, has allthe powers of the President. [Reg. 5(11)]2.8 Absence2.8.1 A member of Council who is not presentfor three consecutive meetings of Council isdeemed to have resigned from Council, unlessCouncil otherwise determines.Professional Misconduct2.8.2 A member of Council who is convicted ofprofessional misconduct, conduct unbecomingor incompetence or found to be incapacitatedunder Part 3 of the Act shall be deemed to haveresigned from Council.Absence of President2.8.3 In the case of a vacancy in the office ofPresident or in the absence or inability of thePresident to act, the First Vice-President or,failing that, the Second Vice-President, has allthe powers of the President.Absence of First Vice-President2.8.4 In the case of a vacancy in the office ofFirst Vice-President or in the absence or inabilityof the first Vice-President to act, the SecondVice-President has all the powers of the FirstVice-President. [Reg. 5(12)]Appointment of First Vice-President2.8.5 The Second Vice-President may choose notto assume the powers under subregulation 2.8.4,in which case Council shall appoint a person toassume the office of first Vice-President. [new]Absence of First Vice-President2.7.4 In the case of a vacancy in the office ofFirst Vice-President or in the absence orinability of the first Vice-President to act, theSecond Vice-President has all the powers of theFirst Vice-President. [Reg. 5(12)]Appointment of First Vice-President2.7.5 The Second Vice-President may choosenot to assume the powers under subregulation2.8.4, in which case Council shall must appointa person to assume the office of First Vice-President. [new]Absence of First Vice-President2.8.4 In the case of a vacancy in the office ofFirst Vice-President or in the absence orinability of the first Vice-President to act, theSecond Vice-President has all the powers of theFirst Vice-President.Appointment of First Vice-President2.8.5 The Second Vice-President may choosenot to assume the powers under subregulation2.8.4, in which case Council must appoint aperson to assume the office of First Vice-President.

Page 114 of 198Existing Regulation Proposed Regulation Clean CopyAbsence of Second Vice-President2.8.6 In the case of a vacancy in the office ofsecond Vice-President, a by-election shall beheld not more than three months after thevacancy occurs, unless otherwise determined byCouncil. [Reg. 5(13)]Absence of Second Vice-President2.7.6 In the case of a vacancy in the office ofsecond Vice-President, a by-election shall mustbe held not more than three months after thevacancy occurs, unless otherwise determined byCouncil. [Reg. 5(13)]Absence of Second Vice-President2.8.6 In the case of a vacancy in the office ofsecond Vice-President, a by-election must beheld not more than three months after thevacancy occurs, unless otherwise determined byCouncil.

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Page 117 of 198Administrative Policy ……..NAME OF POLICYPURPOSEDISTINGUISHED SERVICE AWARDTo provide policy and procedures for nomination andawarding of the AwardApproved by Gov & NomC’teeDATE – December 8, 2011EffectiveDATE Dec 8,2011ReviewedRevisedIntroductionThe purpose of the Distinguished Service Award is to recognize a member of the Nova ScotiaBarristers’ Society who has made significant contributions to the community, the profession andthe Society. It is open to both practising lawyers and non-practising members (including retiredand life members of the Society).In appropriate circumstances, the award may be granted posthumously to a former member.ConsiderationsThe Distinguished Service Award Subcommittee (DSA Committee), in reviewing nominations,will consider the following :IntegrityThe recipient is of unimpeachably good character, with a reputation for the highestprofessional integrity.Professional AchievementThe recipient is or has been amongst the leaders in the practice of law or the academicrealm.Service to the ProfessionThe recipient has made long-term, exceptional volunteer contributions to the legalprofession and the Society.Community ServiceThe recipient has made long-term, exceptional volunteer contributions to the community.Reform

Page 118 of 198The recipient has made an outstanding contribution to the betterment of the law or theimprovement of the justice system.OverallThe recipient exemplifies the highest ideals of the legal profession and is a person to whomall members of the profession can look for inspiration.The Distinguished Service Award SubcommitteeThe DSA Committee is a subcommittee of the Governance and Nominating Committee and willbe appointed by that Committee annually. The immediate past Chair of the Governance andNominating Committee (the past Past-President) will be asked to chair the DSA Committee. Ifthat individual is unwilling or unable to do so, the Executive Director, in consultation with thePresident, will select another Chair.ProcedureIn December of each year, the Society will provide a notice to the membership regarding theawarding of the Distinguished Service Award together with the purpose of the award and theconsiderations. The notice will be published in inForum. Specific notices will be directed topresidents of county bars. The Racial Equity and Gender Equity Committees will be advised ofthe call for nominations.A public call for nominations, published in a newspaper, will be made in January of each year.The call for nominations will fix a date by which nominations close before April 30.All nominations should be submitted on a nomination form, which is attached to this Policy andProcedure as Appendix A.All nominations will be provided to the DSA Committee for its review.The DSA Committee may ask a nominator for additional information to ensure the nomination iscomplete and speaks to all of the criteria.The DSA Committee will not review more than five letters received in a nomination package.At the May meeting of Council, the DSA Subcommittee will provide its recommendation toCouncil regarding the recipient of the Distinguished Service Award for that year.

Page 119 of 198DISTINGUISHED SERVICE AWARDThe Nova Scotia Barristers’ Society is pleased to request nominations for the Distinguished ServiceAward.The purpose of the Distinguished Service Award is to recognize a member of the Nova ScotiaBarristers’ Society who has made significant contributions to the community, the profession andthe Society. It is open to both practising lawyers and non-practising members. In somecircumstances, it may be granted posthumously.Nominations for the award may be submitted by members of the Society and the public before April 16,2012.The name of the recipient and the date of the function at which the award will be presented will bepublished in InForum and The Society Record and posted on the Society’s website.The committee will choose a recipient based on the following considerations:IntegrityThe recipient is of unimpeachably good character, with a reputation for the highest professionalintegrity.Professional AchievementThe recipient is or has been amongst the leaders in the practice of law or the academic realm.Service to the ProfessionThe recipient has made long-term, exceptional volunteer contributions to the legal profession andthe Society.Community ServiceThe recipient has made long-term, exceptional volunteer contributions to the community.ReformThe recipient has made an outstanding contribution to the betterment of the law or theimprovement of the justice system.OverallThe recipient exemplifies the highest ideals of the legal profession and is a person to whom allmembers of the profession can look for inspiration.A copy of the nomination form is also available on the Society website at www.nsbs.org/forms.phpFor more information, contact:Marla Cranston, Communications OfficerNova Scotia Barristers’ Society1101-1645 Granville StreetHalifax, NS, B3J 1X3Tel: 902.422.1491Fax: 902.429.4869Email: mcranston@nsbs.org

Page 120 of 198NOMINATION FORMPlease complete and return to:Nova Scotia Barristers’ SocietySuite 1101, 1645 Granville Street, Halifax, NS B3J 1X3or fax to 902.429.4869 Attention: Executive DirectorNOMINEE:____________________________________________________________________________________Ms./Mr/Dr. First name Last name____________________________________________________________________________________Firm/Company/Institution/Association____________________________________________________________________________________Street mailing address____________________________________________________________________________________City Province Postal code____________________________________________________________________________________Phone Fax Email____________________________________________________________________________________Education____________________________________________________________________________________Institution Degree Subject Year___________________________________________________________________________________Institution Degree Subject Year____________________________________________________________________________________Institution Degree Subject YearCareer (Include titles, organizations and dates)____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________Current affiliations (Professional, not-for-profit and voluntary associations and clubs, including titles and datesof executive positions, if held.)____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Page 121 of 198________________________________________________________________________________________________________________________________________________________________________Honours and awards____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________Qualifying criteria(Provide a description of the nominee, his/her endeavors and achievements as they relate to the criteriaconsiderations set for the Distinguished Service Award.)____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________Additional informationPlease attach additional sheets regarding the above sections as required. As well, copies of news clippings orother relevant information, the nominee’s resume or biography. No more than five letters of support will beconsidered by the selection committee.Nominator name:____________________________________________________________________________Address:________________________________________________________________________________Phonenumber:_____________________________________________________________________________Signature:_____________________________________________Date: _______________________________

Page 122 of 198APPENDIX 2Existing Policy Proposed Policy Rationale6.4 Unless required to be kept confidential byCouncil policy or by determination of thePresident, or unless subject to solicitor/clientprivilege, Council material relating to matterssubject to a Council vote will be posted on theSociety’s website in advance of the meeting atwhich the vote will take place.6.4 Unless required to be kept confidential byCouncil policy or by determination of thePresident, or unless subject to solicitor/clientprivilege, Council material relating to matterssubject to a Council vote will be posted on theSociety’s website in advance of the meeting atwhich the vote will take placeAt present, under Policy 6.4 the Councilmaterials are not published on the Society’swebsite in advance of Council meetings,although the agenda is. The proposal of theGovernance and Nominating Committee is toamend the current provision to allow all Councilmaterials to be posted rather than just those thatare subject to a vote.

Page 123 of 198REPORT RE HONORARIUM FOR SOCIETY OFFICERBackgroundIn 1998, Council received a report of Past Presidents, chaired by Tom Burchell as towhether Society Officers should be paid an honorarium. The conclusion, at that time was that nohonorarium should be paid. Since that time, Council has included the issue on its annual plan for thepast two years.In October the Executive asked us to review the question in light of coming changeswith the reduction in the size of Council and a reduction in the frequency of Council meetingsthroughout the year. The members of the Task Force are: G. Wayne Beaton, QC, John R. Cameron,QC and Daniel F. Gallivan, QC.We reviewed the position of other provinces and the attached chart detailing thehonorarium paid by other Societies. Other than Newfoundland and PEI, Nova Scotia is the onlyprovince which does not have an honorarium in place for officers.Our Society is a sophisticated organization and the demands upon the President areincreasing both within the Society and with outside bodies, agencies and government.The President chairs Council meetings, Executive meetings and is in weekly (often daily)contact with staff and the Executive Director on Society business. On Society business alone he attendsa minimum of 20 meetings per year.In addition, the President must attend Atlantic Law Society Meetings; Federation of LawSocieties Meetings; meetings with the Minister of Justice as required; joint meeting of the Bench, Barand Department of Justice, Q.C. ceremonies; judicial swearing in ceremonies and monthly BarAdmission ceremonies. The time involved for the president in attendances and preparation issubstantial. A few past presidents have estimated that the time commitment is in the range of 40 - 55%of his/her year.

Page 124 of 198- 2 -For a President who lives outside the metro area; travel time is a major factor; i.e., cartime is 4 hours return from Amherst; 6 hours return from Yarmouth; 10 hours return from Sydney.While our staff are well qualified and carry out much of the operation work; theresponsibilities and duties outlined above cannot and should not be delegated. It is important for thepresident to represent our members at all such functions and meetings.With such demands, it is becoming increasingly more difficult to attract members tostand for President. It is the feeling of the committee that without support by way of an honorariumthat our members have become hesitant and are not willing to make such a commitment to serve ourSociety due to the loss of a substantial portion of income that is an inevitable result of serving asPresident. Such loss is much higher for an out of town resident.While the committee recognizes that our Society benefits from the very highparticipation rate of our members in all aspects of Society operations, it is critical to recognize that theofficers do so at a much higher level. Participation at the executive level is no doubt rewarding for theindividual who has a yen to be involved and contribute, but the present and future demands on ourPresident has exceeded the norm for volunteerism.CostIt is recognized that any honorarium to any executive member will be an additionaldirect cost to our members but the committee felt that a financial cost must be balanced with theobjective of keeping the office of President open and realistically obtainable by any member from anycommunity in Nova Scotia. It is felt that as a Society we should not permit the financial cost to theindividual to be a barrier to our members who have much to offer. An honorarium is viewed by thecommittee to be an ‘enabler’ - a payment to recognize a portion of the actual expenses that a memberwould incur as President in the absence of such support.

Page 125 of 198- 3 -Recommendations:(A)The Committee recommends that an honorarium be established for the president asfollows:1. Fifty Thousand ($50,000.00) for the President who resides outside a radius of 1 hourfrom Halifax.*2. Thirty-five Thousand ($35,000.00) for the President who resides inside a radius of 1hour from Halifax.(B)That the honorarium be limited to the office of President. The two vice-presidents arealso deeply involved with Society activities; particularly at the committee level but this isessential exposure to the full operation of the Society that allows the individual to gleanthe necessary background and understanding to function as President.(C)That the honorarium proposed, be effective for the President who assumes office as ofJune 2003.*For the purposes of this, a radius of 1 hour from Halifax will include all areas between Kentville andHalifax, Bridgewater/Lunenburg - Halifax, and Truro - Halifax.Approved by Bar Council January 19 th , 2001.Q:\WP6\EXECUTV\KRISTENE\President's Honorarium\Honorarium Report December 2000.doc

Page 126 of 198PROFESSIONAL STANDARDS (REAL ESTATE) COMMITTEEKey achievements for the yearReport to Council• Finished 2.1 Parcel Identification and Legal Description• Finished 3.11 Bankruptcy and Receivership• Completed purchase and sale checklistWhat remains to be done? (Comment on why)• 3.6 Restrictive Covenants – work approximately 50% complete, work ongoing• New standard on Subdivisions and Consolidation – work has commenced, will be completed in 2012-2013Recommendations for future activities• Discussion on joint ownerships issues• Discussion on Mortgage Protocol and Judgment Protocol with REWG• Discussion on the review of enabling documents and abutting parcels in title searching• Development of more Practice Notes to standards and tools to assist practitionersOther commentsThe committee recommends that the standards need to be more user friendly to give practitioners guidance on how to conducttheir practices on a day to day basis. Statements of principle help only when a mistake is made and does not give practicalassistance on a day by day basis. The Co-Chairs feel the mandate of the committee needs to be updated to include and requiremore practice oriented tools which assist the practitioner to meet the standards developed. While the Standards will continueto be updated to reflect changes in case law and legislation, so too is the need to create the practical tools.*The Committee’s approved work plan is attached as Appendix A

Page 127 of 198RACIAL EQUITY COMMITTEEReport to Council 2011-2012Key achievements for the year• Held one community building event in fall 2011 at Pipa Restaurant and hosting upcoming gathering onJune 6, 2012, to celebrate new racialized and Aboriginal calls to the Bar and award the paper prizediscussed below.• Will soon be selecting the winning paper and will be awarding Race and the Law Paper Prize at June 6,2012 gathering.• Held four Legal Information Sessions at Mi’kmaq Child Development Centre on the topics ofCriminal, Family, Human Rights, Aboriginal Rights, Housing and Social Assistance Law. Participantswere very appreciative of the information that was shared. C ommittee is now planning similarInformation Session with the communities of Lake Loon, Cherry Brook and the Prestons.• Committee has begun partnering with internationally trained lawyers through the community buildingevents, ITL representation on committees and subcommittees and support for the ObservershipProgram which will see ITLs placed in legal workplaces for experiential learning opportunities.• Committee supported the Equity Office in planning and hosting a collaboration between NSBS, DOJand the Law School on an Employment Equity Event in January 2012.• The Equity Officer and the REC Chair attended a meeting of the Credentials Committee on February26, 2012. Credentials Committee was receptive to proposal for Aboriginal Law (substantive law thatapplies differently to Aboriginal People due to the Indian Act, etc.) content in Bar Exam Materials andwill include in their workplan for next year the creation of a working group with members of the RECand Aboriginal Law experts to consider next steps.• Committee has supported the Equity Office in the creation of cultural competence guidelines forlawyers in Nova Scotia. The culmination of this research project resulted in a 2-page spread in the mostrecent Society Record magazine and guidelines posted on the Society website will be available insummer of 2012.• Committee members presented to first year law students during an orientation to law session onCultural Competence in September 2011• Sub-committee of REC met with Professional Responsibility Department on April 26, 2012, in order tohave a general discussion on how the PR Department and the REC can work together to address issuesfacing Aboriginal and racialized lawyers in the discipline process. A reas of collaboration wereidentified and will continue to be worked on.• The REC invited two members of the Mi’kmaq Tripartite Justice Working Group, Joan Sack andCheryl Maloney, to come to a meeting in order to have a general discussion about how the REC andNSBS can support the Mi’kmaq of Nova Scotia as they try to address justice issues in Nova Scotia. Inparticular, the role of the REC and NSBS could play in the Tripartite Justice Working Group’sproposal to do a “report card” on the implementation of the Marshall Report was discussed.• The REC hosted Amy Sakalauskas, the Chair of the CBA Equity Committee, at one of our meetings.Ms. Sakalauskas was invited to have a general discussion on how the REC and the Equity Office can

Page 128 of 198support the work of the CBA Equity Committee and vice versa, with a particular focus on mandatoryCPD Cultural Competency and the role of the CBA in providing Cultural Competency Training.What remains to be done? (Comment on why)• Committee continues to educate and encourage racialized and Aboriginal members of the Bar to applyfor judicial appointments, Council and committee positions. Committee continues to have concernsabout the provincial judicial guidelines and the lack of diversity in both the provincial and federaljudicial appointments process. Committee will continue to monitor.• Time and resource constraints prevented further development of Aboriginal Law project collaborationwith LISNS.• Time and resource constraints prevented further development of the Immigration Law projectcollaboration with ISIS.Recommendations for future activities• Committee to provide recommendations and guidance around Council’s consideration of thecomposition and mandate of the Equity Office and the role and composition of the Racial EquityCommittee.• Continued partnership with the Tripartite Justice Committee on the Marshall Report Card project.• Support and work with Employment Equity Steering Committee t o develop a strategy for datacollection among students, clerks and lawyers.• Identify barriers faced by Internationally Trained Lawyers and make recommendations to Council onpossible initiatives to address barriers.Other comments*The Committee’s approved work plan is attached as Appendix A

Page 129 of 198Committee Mandate and ResponsibilitiesMandate:Racial Equity CommitteeThe Racial Equity Committee supports Council in the governance of the Society by monitoring andproviding advice about programs that address issues of racism and discrimination in the legal professionand in relation to access to justice, including programs to increase access to the legal professionResponsibilities:• Develop policy options for the promotion of equity and diversity in the legal profession in NovaScotia for adoption by Council• Identify barriers to and facilitate active involvement of racialized and Aboriginal lawyers in thevolunteer functions of the Society, on Council and on other Committees• On behalf of Council, maintain awareness and information regarding issues of race as they relateto the legal profession, access to justice or the administration of justice• Raise, for Council and members of the Society, awareness of the issues of racial inequity in thelegal profession• Identify barriers and provide advice to Council abouto How to facilitate entry into the Nova Scotia legal profession of racialized and AboriginalPeopleso Racial equity related experiences encountered by racialized and Aboriginal Peoples asomembers of the Nova Scotia legal professionPrograms and initiatives for the Nova Scotia legal profession on racial equity and culturalcompetency• Under the direction of the Equity Officer, assist in carrying out the Committee’s approvedprograms and initiatives.Committee Chair:Co-Chairs: Heidi Schedler and Candee McCarthySub-committees, if any, and names of Chairs:All projects have subcommittees listed below.

Page 130 of 198Matters assigned to Committee by Council’s Activity PlanNSBS Equity Office ReviewDetails for each Project/Initiative1. Name of project: Networking Events (Spring and Fall)Goal/outcome of project:2 events per year- provides an opportunity for racialized and Aboriginal lawyers, clerks and lawstudents and internally trained lawyers to network and liaise with each other.Timeframe for completion:June 2012Resources required (volunteer, staff):Cost is $2500 to $3000, Organizing required by staff and volunteers2. Name of project: Race and Law Paper PrizeGoal/outcome of project: Award a Schulich School of Law student with the prize in May 2012Timeframe for completion:May 2012Resources required (volunteer, staff):Prize money from Stewart McKelvey, Minimal funds required for materials and plaque. Volunteerand staff subcommittee does organizing and judging.3. Name of project: Judicial Appointments and Judicial Appointment GuidelinesGoal/outcome of project:A judiciary that is more representative of the Nova Scotian public.Timeframe for completion: Ongoing

Page 131 of 198Resources required (volunteer, staff):Staff and volunteer time4. Name of project: Legal Information and Pro Bono ServicesGoal/outcome of project:To provide legal information sessions to racialized and Aboriginal communities. A particular focusthis year will be on the Mi’kmaq and African Nova Scotian communities. We will also continue tothink about the possible development of pro bono summary advice clinics in collaboration withLISNS. These clinics will not be rolled out in the 2011-2012 year, rather conversations will continueabout how to design a model for this type of clinic.Timeframe for completion: ongoingResources required (volunteer, staff):Both volunteer and staff time will be required5. Name of Project: Internationally Trained Lawyers InitiativesGoal/Outcome of Project:Continue to support the Equity Office in delivering of support services to internationally trainedlawyers. Continue to welcome internationally trained lawyers to participate in programs and events.Timeframe for completion: ongoingResources required (volunteer, staff):Both volunteer and staff time will be required6. Name of Project: Employment Equity InitiativesGoal/Outcome of Project: Continue to support the Equity Office in ongoing initiatives to support

Page 132 of 198employment equity in the legal profession. In particular support the upcoming employment equityevent in January 2012 being organized by the DOJ, NSBS and Law School and support thelongitudinal research initiative being undertaken by Shannon Webb.Timeframe for completion: ongoingResources required (volunteer, staff)Primarily staff time will be required.7. Name of Project: Inclusion of Aboriginal Content in Bar Exam MaterialsGoal/Outcome of ProjectTo begin discussions with the NSBS Admissions Department and the Credentials Committee aboutthe potential inclusion of Aboriginal Law content in the Bar Exam materials.Timeframe for completion Decision regarding inclusion of these materials by 2012Resources required (volunteer, staff)Volunteer and staff time8. Name of Project: Cultural Competence CPDGoal/Outcome of ProjectThe creation of guidelines and a background report highlighting what cultural competence educationfor lawyers in Nova Scotia should look like. The creation of a comprehensive list of availableeducators and trainings for lawyers in the area of cultural competence.Timeframe for completion: January 2012Resources required (volunteer, staff)Staff and volunteer time9. Name of Project: Aboriginal Law Project Collaboration with LISNS

Page 133 of 198Goal/Outcome of Project: Creation of comprehensive materials that address the intersection betweenAboriginal law and other areas of law to be placed on the LISNS website. Accompany thesematerials with info sessions for lawyers and Aboriginal communities. In year one (2011-2012), beginwith consultations with the Aboriginal community, elders and organizations.Timeframe for completion: OngoingResources required (volunteer, staff)Staff and volunteer time. Possibly some financial needs for focus groups.10. Name of Project: Immigration Law ProjectGoal/Outcome of Project: Begin preliminary discussions with LISNS and ISIS around the creation ofcomprehensive materials for newcomers in the area of immigration law.Timeframe for completion: Discussions completed in 2012- project will be ongoingResources required (volunteer, staff)Volunteer and staff timeAdditional Comments on Committee’s Plans or ProgressPortrait Unveilings and Marshall Recommendations Symposium Follow-upBoth of these initiatives are on the REC agenda for consideration but due to time constraints will not beaccomplished this year. The REC plans to keep both of these items on their agenda to begin discussionsand planning for the 2012-2013 year.

Page 134 of 198Professional Standards(Law Office Management) Committee – 2011-2012 ReportThe Society decided in 2011-2012 to undertake a bold new practical initiative aimed at providinginformation primarily to privately-practicing lawyers on the adoption of some law office management bestpractices or “standards”. These will not be designed to dictate to the members how they will practice;rather, they are being designed to give Members guidance on how to structure certain of their practicestructures.The formal mandate of the Professional Standards (Law Office Management) Committee has beendescribed by the Society in the following terms:The Law Office Management Standards Committee supports Council in the governance of the Society for itspurpose of protecting the public interest and the practice of law by developing professional standards for themanagement of law offices in Nova Scotia.The Committee’s more precise responsibilities have been defined by the Society as follows:1. Identify for Council:(a) Existing professional standards of law office management and emerging law office management issueswhich may require the development of professional standards that fulfill the Society’s obligations toregulate in the public interest; and(b) Changes or variations in standards of law office management and emerging law office managementissues which may require amendments to the NSBS Law Office Management Standards and makerecommendations to Council accordingly;2. Identify, and assist lawyers in the establishment and implementation of, resources and tools to assistwith practice in accordance with the Standards.3. Annually review the NSBS Law Office Management Standards and advise Council with respect topotential amendments thereto, including a draft of proposed amendments.4. Annually review the footnotes in references to the NSBS Law Office Management Standards andprovide notice to Council with respect to amendments thereto.5. Act as a resource on issues of Law Office Management Standards as may be requested by Council.In implementing this mandate and related responsibilities, the Society has created a large Committeemade of privately-practicing lawyers from throughout Nova Scotia. The Committee’s members thusinclude those from various practice circumstances and various firm sizes. All or virtually all subjects ofpractice concentration have been included as well.Since the establishment of the Committee, its members have met on several occasions to furtherdefine and refine its role.The Committee has since seized on four individual studies designed at providing advice and directionprimarily to Members practicing privately with an outline of best practices to be followed with respect tomatters which have seemingly “dogged” privately-practicing lawyers for a long time. These are:1. Retention/destruction of client files2. Maintenance and back-up of lawyer/law firm electronic data3. Client service standards4. Lawyer-law firm information management systems

Page 135 of 198Since the adoption of these individual issues by way of an initial formal Work Plan approved byCouncil, the Committee has expanded its focus to include timekeeping as another practical matter.The Committee hopes to be in a position to commence reporting on these matters by the early part ofthe summer of 2012 and to continue with its reporting throughout the balance of the year. Once the fiveproposed topics have been addressed in manners acceptable to the Society, the Committee will turn itsattention to other matters of best practice of broad interest to private-practicing lawyers.In conclusion, I would like to thank Raffi Balmanoukian, Bob Carter, Jim Dewar, Q.C., KathrynDumke, Bruce McLaughlin, Mary Jane McGinty, Jamie MacGillivrary, David Parker, Phil Star, Q.C. andElizabeth Van Den Eynden, Q.C. This is a diverse, knowledgeable and highly experienced group ofpractitioners whose efforts have been invaluable in the formulating the Committee’s initial work plan andengaging in the Committee’s initial forms of study and reporting. Additionally, I would like to thankMelanie McGrath and Christine Smith, both of LIANS, for their on-going work in assisting the members ofthe Committee with their mandate and responsibilities.Respectfully submitted,Gavin Giles, Q.C., ChairProfessional Standards CommitteeHalifax, Nova ScotiaApril 19, 2012

Page 136 of 198Law Office Management Standards CommitteeCommittee Mandate and ResponsibilitiesMandate:The Law Office Management Standards Committee supports Council in the governanceof the Society and its purpose of protecting the public interest in the practice of law bydeveloping professional standards for the management of law offices in Nova ScotiaResponsibilities:1. Identify for Council:a) existing professional standards of law office management i and emerging law officemanagement issues which may require the development of professional standards that fulfill theSociety’s obligations to regulate in the public interest; andb) changes or variations in standards of law office management and emerging law officemanagement issues which may a require amendments to the NSBS Law Office ManagementStandards and make recommendations to Council accordingly;2. Identify, and assist lawyers in the establishment and implementation of, resources and tools toassist with practice in accordance with the Standards.3. Annually review the NSBS Law Office Management Standards and advise Council withrespect to potential amendments thereto, including a draft of proposed amendments.4. Annually review the footnotes and references to the NSBS Law Office Management Standardsand provide notice to Council with respect to amendments thereto.5. Act as a resource on issues of law office management standards as may be requested byCouncil.Committee Chair: Gavin Giles QCSub-committees, if any, and names of Chairs: TBA

Page 137 of 198Matters assigned to Committee by Council’s Activity PlanDetails for each Project/Initiative1. Name of project:Retention/Destruction Of Client FilesGoal/outcome of project:Discussion paper for Council and lawyers/law firms on the development of policy guidelines/bestpractices (including possible ethical provision) governing the retention and destruction of lawyer/lawfirm files. Such discussion paper to include references to any existing legal and regulatoryrequirements, any existing standards or policy guidelines from other jurisdictions and any standardpractices currently in use by firms or lawyers in Nova Scotia. Such discussion paper also to includereferences to the different lawyer/law firm types in Nova Scotia and the resources reasonablyavailable to each. Such discussion paper also to include references to the possible requirement torecognize different policies and guidelines for operating lawyers/law firms and those which are inwind-down, wind-up or in other forms of transition.Timeframe for completion:Initial report to Council in May, 2012Final report to Council: TBAResources required (volunteer, staff):Committee and volunteer resources have been assigned and research is underway. Initial presentationback to Committee is planned for April, 2012 meeting.2. Name of project:Maintenance and Back-up of Lawyer/Law Firm Electronic DataGoal/outcome of project:Discussion paper for Council and lawyers/law firms on t he development of policy guidelines/bestpractices (including possible ethical provision) governing the maintenance and back-up of lawyer/lawfirm electronic data. Such discussion paper to include references to any existing legal and regulatoryrequirements, any existing standards or policy guidelines from other jurisdictions and any standardpractices currently in use by lawyers/law firms in Nova Scotia. Such discussion paper also to includereferences to the security and confidentiality of electronic data maintained or backed-up by off-siteservice providers. Such discussion paper also to include references to the requirement or desirability

Page 138 of 198for different policy guidelines or best practices for accounting and trust account electronic data andfor all other forms of electronic data (correspondence, documents, e-mail messages, voice-mailmessages and in-coming materials scanned to an electronic medium).Timeframe for completion:Initial report to Council in September, 2012Final report to Council: TBAResources required (volunteer, staff):Committee and volunteer resources have been assigned and research is underway.3. Name of project:Client Service StandardsGoal/outcome of project:Discussion paper for Council and lawyers/law firms on the desirability and utility of the developmentby lawyers/law firms of practice, law firm size, main client base and location specific client servicestandards. Such discussion paper to include general references to existing lawyer/law firm clientservice standards in Nova Scotia and elsewhere. Such discussion paper also to include possibleguidelines for communications between the lawyer and client including, but not limited to:• client retention, certainty of fees and billing/payment obligations/expectationso client intake standards• due diligence• conflicts• credit checkso basis for fee accountso hourly rateso variability of hourly rateso premiums and discountso disbursements• expectations of/on clients (facts, case theories, evidentiary development, witnesses)• declinations• severance of lawyer/law form – client relationship post commencement• the use of alternative fee arrangements where requested or appropriate• approaches to client communication including lawyer/law firm availability to clients, after hourscommunications and periods when communications will be unavailable• protocols for communications deadlines, storage and availability of client informationTimeframe for completion:

Page 139 of 198Initial report to Council in October, 2012Final report to Council: TBAResources required (volunteer, staff):The subject is under introductory discussion but there are other priorities. Some committee andvolunteer resources have been assigned and some research has been undertaken.4. Name of project:Lawyer/Law Firm Information Management SystemsGoal/outcome of project:Discussion paper for Council and lawyers/law firms on the development of policy guidelines forlawyers/law firms relative to management systems including, but not limited to:• diary or ticker systems (appointments, filing dates, closing and other transactional deadlines andagendas, limitation periods)• computerized and manual accounting systems• conflicts checks and verificationsTimeframe for completion:Initial report to Council in November, 2012Final report to Council: TBAResources required (volunteer, staff):TBAAdditional Comments on Committee’s Plans or ProgressGenerally:This Work Plan is designed only to highlight the Committee’s present objectives. The Work Plan is notan undertaking with respect to either the described projects or the stated timeframes.The Committee intends to tackle the described projects by way of loosely structured sub-committees,each of which will have defined roles.The Committee intends its initial reports to Council to be close-to-completed work products to which few

Page 140 of 198revisions will be expected. As such, final reports to Council can be expected within four-six weeks of thesubject interim reports. These timeframes can be subject to change depending on Council’s response toeach interim report.Additional Studies:The four (4) topics referred to in this Work Plan generally follow some of the early Committeeexpectations which have been stated by the Executive. The Committee expects that its topics will expand.When they do, additional Work Plans (or Work Plan amendments) will follow.N:\Council\2011-2012 Meetings\2012-03-23 Council\2012-03-23 LOMC Workplan v.2.DOCXi The initial work of the Committee may include, but is not limited to, financial management (accounting, billing,trust accounts); information management, file retention / destruction, document management systems, technology(electronic storage, practice management software, data security, hardware / devices); risk management(communication, documentation, retainers/ declinations, managing client expectations, diary systems, back-upsystems); conflicts.

Page 141 of 198Key achievements for the yearFINANCE COMMITTEEReport to Council*• Review of Travel Policy – policy reviewed and modified to increase the level of oversight, particularlyfor staff travel.• Review of Investment Manager Performance – Independent consultant was retained and reported to theCommittee.• Review and Tendering process for Services recommended by the Finance Committee – review ofprocurement policies commenced for External Auditor and Investment Manager• Actively Monitor Council’s Activities and Initiatives – this is an on-going initiative realized throughscrutiny of internal financial statements and monitoring staff’s preparation of the annual (2012/13)budget.What remains to be done? (Comment on why)• Formalize the Collection procedures for outstanding Accounts Receivable – the committee received areport from staff but further work on this item has been moved to the Committee’s June meeting.• Clarify roles for Financial Statement Approval/Recommendation/Acceptance – the Legal ProfessionAct requires the Executive Director to present an annual report at each annual meeting, including thefinancial statements and the auditor’s report. The Committee’s Responsibilities include Recommendingaudited financial statement to the annual meeting. The roles will be discussed at the Committee’s Junemeeting.• Use of new Payment Technologies/Appropriate Authorities – staff provided a report to the committeerecommending eliminating the need for senior volunteers to sign cheques. Discussions are on-going.Recommendations for future activities• Complete the formalization and documentation of procedures (and policies) for the collection ofoutstanding Accounts Receivable.• Resolve the issue of appropriate authorities for payment of vendors• 2012/13 will be the first year the procurement policies for External Auditors and the InvestmentManager are in place. The Committee will receive a report on the External Auditor at its September2012 meeting.Other commentsSome other items have been identified by the Executive Director, the President and the Committee Chair that willbe brought before the Committee for inclusion in its 2012-13 work plan.*The Committee’s approved work plan is attached as Appendix A

Page 142 of 198Committee Mandate and ResponsibilitiesFinance CommitteeMandate: The Finance Committee supports Council in the governance of the Society by monitoring thefinances of the Society, acting on behalf of Council in regard to the annual audit of the Society finances,and acting on behalf of Council in respect of the management of the Society investments.Responsibilities (from the Terms of Reference):Financial Reporting Responsibilities• Monitors the Executive Director’s prudent and effective management of the Society’s resources• Monitors Executive Director’s internal controls and policies for areas of risk• Monitors Executive Director’s preparation of the annual budget for presentation to Council• Reviews performance against budget during the course of the year• Receives from management satisfactory explanations for all forecast variances from budget thatare greater than 5 percent of budget or greater than $10,000 of budget• Encourages efficiency in the management of the Society’s finances and in the expenditure ofSociety fundsInvestment Responsibilities• In accordance with the Society’s Investment Policy, oversees the prudent implementation of thePolicy including the regular review of investment results and the performance of the Society’sInvestment Manager as required by it• Selects the Society’s external investment manager• Sets the investment parameters for the Society on behalf of CouncilAudit Responsibilities• Annually recommends to Council the appointment of the external auditor• Meets with the Society’s external auditor in preparation for and following the annual externalaudit to ensure the audit function is effectively performed and to reinforce the external auditor’sindependence• May meet with the Society’s external auditor at any timeRecommends audited financial statements to the annual meeting of members of the SocietyCommittee Chair: Bill MahodySub-committees, if any, and names of Chairs:

Page 143 of 198Matters assigned to Committee by Council’s Activity PlanDetails for each Project/Initiative1. Name of project: Review of Travel PolicyGoal/outcome of project: Revised Travel Policy covering amounts, allowances, and authorities.Timeframe for completion: End of Calendar 2011 (for 2012/2013 Budgeting)September 2011 – details of past spending presented to the Committee. Draft Policy presented and discussed.Revisions expected for the November meeting.November 2011 – Policy Revised, Committee questioned approval of ED TravelJanuary 2012 – Policy approved. ED Travel approval left with Executive Committee.Resources required (volunteer, staff): Director, Finance and Administration, Controller, Executive Director2. Name of project: Review of Investment Manager PerformanceGoal/outcome of project: Independent Review of the performance of the Investment ManagerTimeframe for completion: September, 2011September 2011 – interim update from independent reviewer. Report expected before November meeting of theCommitteeNovember 2011 - Report Received from Mercer. Investment manager is meeting benchmarks. Mercer requestedto provide more information about other managers.January 2012 - Additional report from Mercer regarding other fund managers.Resources required (volunteer, staff): Director, F&A to hire independent reviewer

Page 144 of 1983. Name of project: Financial Statement Approval/Recommendation/AcceptanceGoal/outcome of project: Clarify the roles of management, the Finance Committee, Council, and theMembership in the reception, acceptance, and approval of the Society’s financial statements.Timeframe for completion: Spring of 2012 (prior to annual meeting)Resources required (volunteer, staff): Committee4. Name of project: Payment Technologies/Appropriate AuthoritiesGoal/outcome of project: Review alternatives to cheques and review the appropriateness/necessity/methodologyof securing “outside” approvals.Timeframe for completion: Report from staff at January 2012 meeting.January 2012 – Staff Report. Committee asked for information from AuditorsFebruary 2012 – Staff report including auditor commentsApril 2012 – discussions continuing.Resources required (volunteer, staff): Director, F&A; Controller5. Name of project: Formalize the Collection procedures for outstanding Accounts ReceivableGoal/outcome of project: Document the collection procedures, activities, and actions to be taken with respect toamounts owed to the Society.November 2011 – Draft policy and report from staffApril 2012 - Further work is deferred to June 2012.Timeframe for completion: Report from staff at January 2012 meeting.

Page 145 of 198Resources required (volunteer, staff): Executive Director, Director, F&A; Controller6. Name of project: Formalize the review and tendering process for Services recommended by the FinanceCommittee (currently Auditor and Investment Manager)Goal/outcome of project: A formal, documented policy describing when service providers are reviewed and howto go about changing them.Timeframe for completion: Report from staff at January 2012 meeting.January 2012 – Report from staff along with draft policiesFebruary 2012 – Policies revisedMarch 2012 – Approved Policy on Invesment Manager ProcurementApril 2012 – Approved Policy on External Auditor Procurement.Resources required (volunteer, staff): Director, F&A; Controller, Committee7. Name of project: Actively Monitor Council’s Activities and InitiativesGoal/outcome of project: Ensure Council is aware of Cost implications of any new or changed program beforethe decision is made.Timeframe for completion: Ongoing.Resources required (volunteer, staff): Executive Director, Director, F&A; Committee Members on CouncilAdditional Comments on Committee’s Plans or Progress

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Page 148 of 198MEMORANDUM TO COUNCILFrom:D. PinkDate: May 10, 2012Subject:The Society’s Liaison ActivitiesFor: Approval Introduction Information What follows is my report to Council regarding compliance with Council Polices 18.24 and 18.25.Executive Summary:Council Policy 18.24 specifies the requirement of the Executive Director regarding strategic alliances. Itstates:Strategic Alliances18.24.1 external relationships, with organizations having an interest in the practice oflaw and administration of justice in the province, such as County BarAssociations, AJEFNE, CBA, LIANS, senior provincial and federal justiceofficials, the courts, the Public Prosecution Service, Nova Scotia Legal Aidand other organizations as may be identified by the President, the ExecutiveDirector, or Council, are developed and maintained with maximumeffectiveness;18.24.2 opportunities for the development of new external relationships andpartnerships are identified;18.24.3 there are meetings between the Society and the organizations noted in article18.24.1 and Council is advised how this work benefits theSociety.In conjunction with Council’s review of activities and comparison to their work plans, I am reporting toCouncil on the Society’s relationship with those bodies stipulated in 18.24.Bar OrganizationsThere is now in place a series of regular meetings between the Society’s Executive Committee and keybar organizations, including the Canadian Bar Association, AJEFNE, and LIANS. These meetings thisyear address maters of mutual interest including in particular ⎯ with the CBA ⎯ the Society’swithdrawal from providing CLE conferences and seminars and how the CBA can broaden its offering;with AJENE issues involving the francophone lawyer community, content of Society’s skills course, and

Page 149 of 198the Code of Professional Conduct; with LIANS ⎯ insurance for government lawyers. In each instance ifthe discussions are frank and valuable, and in my assessment the Society has an effective relationshipwith each, that would allow for any issues that would need consideration to be addressed quickly. Eachplays a small role in furthering the Society’s strategic goals especially regarding “enhancing lawyercompetence.”County BarsTraditionally our relationship with County Bar Associations is maintained by visits by the Society’sofficers. Over the past year Tim Daley attended the Western County Bar meeting in the fall; DanCampbell attended meetings of the Pictou and Kings County Bar; County Bars were included in thesurvey conducted by the Rural Practitioners Working Group and Tim Daley, Rene Gallant and I attendedthe Rural practice Conference organized by the Lunenburg County Bar in the fall. These meetingsfocused on what the Society is doing and in that way, are an important means of communication withlawyers. They do not play any other significant strategic purpose. In past years officers have tried to visitmost of the county Bar Associations, but for a variety of reasons, that did not occur this year.GovernmentMeetings with senior government officials occur in a variety of forums: we have an active LiaisonCommittee with the Department of Service Nova Scotia & Municipal Relations which deals with the widearea of activities for which that Department is responsible including land and corporate matters; theDepartment of Justice Liaison Committee has regularly scheduled meetings to pursue agenda items ofmutual interest to the Society and the Department; the officers have meet with Attorney General Landry;the Minister spoke and had a frank dialogue with Council; the officers met with senior representatives ofthe Federal Department of Justice and Public Prosecution Services; I participated in the semi-annualmeetings of the Justice Forum where criminal justice matters are considered and on May 15 will meetwith the Deputy and others to discuss a broad range of justice issues; I met with the new Deputy Minsterfollowing her appointment and at her instance she attended the Society’s offices to continue ourdiscussions. The Society Access to Justice Working Group and the subgroup developing the Family Lawwebsite has been extremely active (and report elsewhere to Council); the Society worked with theDepartment of Justice to plan and implement a very successful employment equity workshop involvingrepresentatives of major firms and legal employers and there is frequent contact on these matters. Overallour relationship with the Provincial government is extremely effective and allows a vehicle for theSociety to address a variety of justice issues ⎯ each of which is designed to advance a strategic priorityin this area.The major issue we have ongoing with the Federal Government relates to expansion of the FamilyDivision province-wide. Working jointly with the Canadian Bar Association meetings continue to be heldwith stakeholders and others to advance our goal. Meetings with members of the Federal ConservativeCaucus are being scheduled over the next couple of months in an effort to solidify support among thisgroup with the hopes that they will pursue the matter with government leaders.Work with Government is complicated with our cooperative work with Nova Scotia Legal Aid. Theofficers met with the senior directors of Nova Scotia Legal to discuss matters of mutual interest; we workclosely with the Commission to appoint two Commissioners who will bring a greater degree of diversityand different expressions to the Board; I have regular conduct with the Executive Director and othersenior directors who actively participate and provide leadership to several of our access to justiceinitiatives. This work is crucial to advancing our strategic priority relating to improving the administrationof justice.

Page 150 of 198The CourtsThe Society’s liaison with the Courts operates at two levels. On the strategic level there is regular contactwith the Chief Justices and Chief Judges to discuss matters of mutual interest. The officers and I met withthe CJs to discuss our efforts regarding expanding the Family Division; we have a semi-annual meetingwith the CJs and Justice officials (the next one is on June 7) which group has provided both leadershipand direction for our access to justice work and our work to improve access to family legal services andinformation in the area of family law; the President and I recently had lunch with the Chief Justices of theSupreme Court and Court of Appeal to discuss a variety of matters, without an agenda (this informaldialogue allows matters to be considered that may not be best addressed in immediate environment suchas issues as gowning requirements for women in the latter stages of pregnancy and for lawyers withphysical disabilities).The other level is more operational where our liaison committees provide a vehicle for practice issues tobe considered by judges and lawyers and senior court staff. On this level we have had mixed success inthe past year. Our Court of Appeal Liaison Committee has had several meetings with robust agendas;there has been a single meeting of the Supreme Court Liaison Committee (Civil) and one of the SupremeCourt Liaison Committee (Criminal). This latter committee did not meet because of the illness of theChair. The second scheduled meeting of the two committees was cancelled. Efforts are underway toreschedule it; however, the agendas have been light and it is challenging to engage both lawyer andmember judges on issues that are important both to the profession and the public. The Supreme CourtLiaison Committee (Family) has had a series of productive meetings involving both lawyers appearingbefore that Court and members of the judiciary of the Family Division. That Committee and the Courthave also been involved in the development of the new Family Law information website by way ofproviding support and leadership from the Family Law Information Centre. The Provincial Court LiaisonCommittee has met and is advancing a number of issues especially involving the use ofvideoconferencing and has identified the collapsing Criminal docket as an issue that will be discussedlater this year. Initiatives taking place in the Family Court, in effect serve the same purpose.New RelationshipsNew relationships have also been created this past year. In furtherance of the Access to Justice work, withthe emphasis being on Family Law, it was determined that the relationship with the Department ofCommunity Services would be essential. Karen Hudson of Nova Scotia Aid, Tilly Pillay of theDepartment of Justice and I met with the Deputy Minister of Community Services in the fall to begin adialogue on a number of issues that had been identified. The Department has provided active membershipto both our Access to Justice Working Group and the Access to Family Law Working Group; the Societyjust received an invitation to participate in a consultation regarding the Children and Family Services Actand possible amendments. These are indeed positive developments.The Society again working from the perspective of Family Law and looking holistically at issues beforethe Family Courts has begun discussions with the Association of Psychologists of Nova Scotia aboutmatters where they might work with us to address issues affecting their clients and the Court.Council Policy 18.25This Policy lists a number of bodies to whom the Society appoints representatives. As is noted above, wework with Nova Scotia Legal Aid regarding new members of the Commission; the Executive Committeehas met with the Chair and Executive Director of the Nova Scotia Law Reform Commission to discuss itsfinancial future (which is not secure) and we discussed how we can work together; the Society continuesto appoint a number of the Courthouse Standards Committee which changed midway through this year.This may not be a strategic relationship for the Society and is a matter that will require further

Page 151 of 198consideration. The Society also has representatives which address the Civil Procedure Rules and continueto bring practitioners’ perspective to these discussions. There have not been issues this year that havenecessitated the Society’s involvement.As well the Society continues to make appointments to a variety of bodies listed in 18.25.6 but there isnothing that requires Council’s attention at this time.ConclusionOverall, the management and facilitation of the Society’s strategic relationship and liaison work(primarily to advance our priorities) is a regular and large part of my work as Executive Director. TheSociety has expanded its network of vital associations in order to advance its public interest work.As the recently amended Council policies will require further work to implement our policy role inimproving the administration to justice some of this work we currently do may need to change. Our goalis always to manage our commitments from a perspective of the time of the officers and other volunteers,the capacity of Society staff, and the willingness of our justice sector partners to engage with us for amutual and public benefit.I would be pleased to answer any questions or engage in further discussion with Council on any of thesematters.

Page 152 of 198Date Task Expected outcome CommentsMay 18 Draft Mandate for EO This will provide a basis for other discussions To ultimately be approved byCouncil after input from EquitycommitteesBy May 30Meet with Chairs of RECand GECBegin discussion on:- Committee ToR- EO Mandate- Skills/Attributes Matrix• What skills do we need on the committee?• What are the attributes of good committeemembers• What opportunities does committee serviceprovide to lawyers? Is this a priority?• Diversity across the committee – age,background, geography, practice, personalaspirations- Introduce ‘outcomes’ concept• What difference do we want to make?• To whom?• In what time period?• At what cost?• Etc- Look critically at the ‘work ‘ we are doing• What should be our priorities?• Why?• Are we doing the right work?

Page 153 of 198Date Task Expected outcome CommentsBy July 15By Sept 15By Nov 15Year endReview of CommitteeToRsDevelop skills/attributesmatrix for GEC and REC1. Mandate of EOapproved2. Introduce OutcomesMeasurement or KeyPerformanceIndicators to CouncilReview of Equity Officeis complete• What can be done by others? Is this realistic?• What can we stop? What would be theimpact?- Role of the equity Officer• Leadership• Types of support – policy, research,administrative, other?- Administrative support requirements- Timelines for considering the full range of issuesIn light of draft Mandate and discussions held, reviseToRIntroduce at July CouncilIntroduce at September Council1. Council approves a mandate for the Society’s equitywork2. Council is fully briefed and discusses the first steps tobe taken in setting performance expectations forSociety activities – starting with equity workCouncil approves a plan for design and implementation ofa performance measurement programThere will be new ToRs, appropriate c’tee make-up inaccordance with approved skills/attributes and the nameof the program is clear with a clear mandateED will identify resourcesrequired Exec C’tee willoversee this process

Page 154 of 198MEMORANDUM TO COUNCILFrom:Executive CommitteeDate: May 11, 2012Subject:2012-2013 Society CommitteesFor: Approval IntroductionInformationThere is one item regarding the new Council and committee process that was not fully canvassed last year. Itrelates to the length of term for Committees. In June 2011 Council appointed a series of new committees. Thesecommittees were structured in accordance with the recommendations of the Committees Task Force. Committeeswere appointed for one year.However, with Council now serving two year terms, it is the view of the Executive Committee that the Societyshould consider committees generally to be appointed for two years with the midpoint of that term allowing forsome fine tuning of committees but not a wholesale change. This will allow committees, as it is obvious from thereports before Council this month, to carry on with their work without interruption. It will allow for committees topresent their new Work Plans to Council earlier, i.e., in July, rather than in September and it will allow for greatercontinuity.What it will not allow for is a significant number of new lawyers to become involved in the Society’s work. Forthat reason, in the discussion that Council will have, as it reviews the committees, it should keep this fact in mind.If Council agrees with this, proposed new committees, with the fine tuning referred to above, will be presented bythe Executive Committee to Council at its June meeting.

Page 155 of 198SOCIETY COMMITTEES LIST 2011-2012The President, Daniel Campbell QC, is an ex-officio member of all Committees,including Task Forces and Working Groups (except the Hearing Committee).OFFICERSDaniel M. Campbell QC, PresidentTimothy G.J. Daley QC, First Vice-PresidentRené Gallant, Second Vice-PresidentRonald Downie QC, Honorary PresidentREGULATORY COMMITTEESComplaints Investigation CommitteeD. Bruce Clarke QC, ChairR. Bruce MacKeen, Vice-ChairChrista BrothersJoseph A. CameronPatrick I. Cassidy QCColin ClarkeTimothy G.J. Daley QCRené GallantElaine Gibney-ConohanMark KnoxDarren MacLeodDavid McNairnAnnette MarshallDaniel A. MacRury QCCelia J. MelansonKenneth A. NasonTony RobinsonThilairani (Tilly) P. Pillay QCStaff: Victoria Rees, Catherine Turcotte-RoyCredentials CommitteeDavid Mahoney, ChairCheryl Canning, Vice-ChairM. Louise Campbell QCAssociate Dean Michael DeturbideMark G. EverettWilliam L. MahodyGeorge MacDonaldDiane McGrath QCJennifer L. Palov

Page 156 of 198Jill PerryRobert H. PineoAlonzo WrightStaff: Jacqueline MullengerHearing CommitteeLawrence K. Evans QC, ChairGail Rudderham-Chernin QC, Vice-ChairJohn S. McFarlane QC, Vice-ChairMichelle J. Cleary, Vice-ChairPaulette Anderson (Non-Lawyer)Jim Bickford (Non-Lawyer)Tom Boyne QCPatricia E. Caldwell QCMoka Case (Non Lawyer)Paul Goodman CA (Non-lawyer)Cheryl L.M. Hodder QCJohn G. Khattar QCSamuel R. Lamey QCE. Ann Marie MacInnesA. Wayne MacKay QCRonald MacDonald QCJ. Mark McCrea QCChristopher M. ManningHarvey L. Morrison QCDonald C. Murray QCMark Penfound QCJoel E. Pink QCMichael PugsleyCharles Schafer (Non-Lawyer)Douglas B. Shatford QCJames SpurrJames W. StanleyDavid F. Wallace QCJames J. WhiteJohn A. Young QCAdministrative Assistance: Mhairi MacInnis

Page 157 of 198COUNCIL COMMITTEESCode of Professional Conduct CommitteeKathryn A. Raymond, ChairDale DarlingProf. Richard DevlinLouise CampbellAnne Marie MacInnesDavid McNairnStaff: Victoria Rees, Catherine Turcotte-RoyContinuing Professional Development Working GroupKim Turner QC, ChairDean Kim BrooksMarjorie Hickey QCDarlene Jamieson QCSean LaydenDavid MahoneyKen NasonJill PerrySheila WildmanStaff: Jacqueline MullengerCouncil Evaluation CommitteeRené Gallant, ChairLora MacEachernDarren MacLeodAnnette MarshallStaff: Shirley ShaneDistinguished Service Award CommitteeJ. Ronald Creighton QC, ChairDavid F. Curtis QCConstance Glube QCTimothy C. Matthews QCKenneth A. NasonW. Mark Penfound QCHeidi G. SchedlerFinance CommitteeWilliam L. Mahody, ChairElsbeth Cassidy, CAMaurice P. Chiasson QCLynn Connors QCTimothy G.J. Daley QCRob Everist, CMARené Gallant

Page 158 of 198Gavin Giles QCClaire Milton QCStaff: Glen Greencorn, CMAFitness to Practise CommitteePhilip J. Star QC, ChairDr. Genevieve CampbellJeanne DesveauxJack Innes QCDouglas LloyDr. Michael TeehanHeather TottonStaff: Elaine CummingGender Equity CommitteeCandee McCarthy, Co-ChairHeidi Schedler, Co-ChairCatherine CogswellDale DarlingSanaz GeramiNicole GodboutShannon L. Ingraham-ChristieAnne Marie MacInnesJennifer MacLellanMeghan RussellJoan SackAmy M. SakalauskasKatherine SalsmanStaff: Emma HalpernGovernance and Nominating CommitteeMarjorie A. Hickey QC, ChairDaren BaxterDaniel M. Campbell QCAleta CromwellTimothy G.J. Daley QCBarbara DarbyRené GallantAnnette MarshallNaiomi MetallicStaff: Darrel I. PinkAdministrative Assistance: Shirley A. ShaneLawyers Fund for Client Compensation CommitteeHarvey McPhee QC, ChairRoland Deveau QC

Page 159 of 198Doug LloyDavid MahoneyWilliam (Bill) MahodyGeorge MacDonaldKathryn DumkeHeather TottonStaff: Victoria Rees, Catherine Turcotte-RoyProfessional Responsibility Policies & Procedures CommitteeRaymond Larkin QC, ChairDavid Bright QCBruce Clarke QCTimothy G.J. Daley QCRené GallantMarjorie A. Hickey QCRay Larkin QCKen NasonMark Penfound QCDarrel I. PinkPhilip J. Star QCCatherine Walker QCStaff: Victoria Rees & Elaine CummingAdministrative Assistance: Christal MarchantProfessional Standards (Family) CommitteeTimothy G.J. Daley QC, ChairJanice E. Beaton QCRobert D. ChipmanJulia E. Cornish QCLeisa T. MacIntoshPamela J. MacKeiganJill S. PerryKay L. RhodenizerTerrance G. SheppardStaff: Melanie McGrathProfessional Standards (Law Office Management) CommitteeGavin Giles QC, ChairRaffi BalmanoukianRobert CarterJames Dewar QCKathryn DumkeBruce McLaughlinMary Jane McGintyJamie MacGillivrayDavid T. R. Parker

Page 160 of 198Phil Star QCElizabeth Van Den Eynden QCStaff: Melanie McGrathProfessional Standards (Real Estate) CommitteeErin O’Brien Edmonds QC, Co-ChairAnthony Robinson QC, Co-ChairG. Bernard ConwayMark EverettJames A. Gregg QCIan H. MacLean QCMatthew J.D. MoirBrenda Rice-ThomsonIvo R. WinterStaff: Melanie McGrathRacial Equity CommitteeNaiomi S. Metallic, ChairAlicia L. AranaCatherine BentonPerry BordonKrista BrookesJarvis GoogooHeather McNeillLora MacEachernDavid MahoneyNivin NabeelChristopher NicholsonHanaa Al ShariefLisa TerylAshley ThomasJessica UpshawMichelle Williams-LordeRobert Wright (Public representative)Staff: Emma Halpern

Page 161 of 198LIAISON COMMITTEESCourt of Appeal Liaison CommitteeChrista Brothers, ChairJoshua M. Arnold QCMichelle C. Awad (CBA)Thomas BeveridgePat Casey QCLouAnn Chiasson QCWilliam D. Delaney QCKaren Hudson QCAlexander C.W. (Sandy) MacIntoshMargaret (Peg) MacInnisRegistrarStaff: Darrel I. PinkDepartment of Justice Liaison CommitteeNSBS AppointmentsDaniel M. Campbell QC, Co-ChairTimothy G.J. Daley QCRené GallantDepartment AppointmentsJudith McPhee, Co-ChairDavid J. BartolKenneth WinchStaff: Darrel I. PinkFamily Court Liaison CommitteeLynn M. Connors QC, ChairCarole Gillies QCTammy C. MacKenzieSheila McDougallCelia MelansonLouAnn Chiasson QCKenneth J. WinchStaff: Darrel I. PinkProvincial Court Liaison CommitteeJoel E. Pink QC, ChairMark J. Covan, Vice-ChairRobert D. ChipmanDouglas LloySusan MacKay (CBA)Darren MacLeodChristopher ManningStephen M. Robertson

Page 162 of 198Michael ScottKelly SerbuDenise SmithAlonzo WrightStaff: Darrel I. PinkService Nova Scotia & Municipal Relations Liaison CommitteeNSBS AppointmentsFae J. Shaw, Co-ChairMaurice P. Chiasson QCPatrick G. E. FitzgeraldW. Blair McKinnonChristine PoundDepartment AppointmentsScott Farmer, Co-ChairHayley ClarkeMark CoffinNancy Cragg-NoddinNorman HillCatherine SmithStaff: Darrel I. Pink, M. McGrathSupreme Court Liaison Committee (Civil)Gavin Giles QC, ChairGilles J. DeveauC. Patricia Mitchell (CBA)Robert H. PineoMark RiekstsNancy G. RubinMargaret (Peg) MacInnisProthonotary Caroline McInnesStaff: Darrel I PinkSupreme Court Liaison Committee (Criminal)W. Brian Smith QC, ChairJosh M. Arnold QC( CBA)Brian BaileyPeter ChisholmRoland Deveau QCMartin E. Herschorn QCPeter ManciniMichael S. TaylorMargaret (Peg) MacInnisProthonotary Caroline McInnesStaff: Darrel I. Pink

Page 163 of 198Supreme Court Liaison Committee (Family)Janice E. Beaton QC, ChairRejean A. AucoinPatrick L. Casey QCLouAnn Chiasson QCLynn Connors QCM. Elizabeth Cusack QCMichael I. King QCJames LeiperValerie MacKenzieG. Douglas SealyKen WinchSamira ZayidStaff: Darrel I. Pink

Page 164 of 198OPERATIONAL COMMITTEESAccess to Justice Working GroupDarrel Pink - ChairJoe Cameron- NSLALouAnn Chaisson - CBAKaren Hudson - NSLAMartin Herschorn - PPSHeather Kearney - DCSMargaret L. (Peg) MacInnisKen Winch - DoJStaff – Emma HalpernBar Examination Screeners SubcommitteeJulia E. Cornish QC, ChairGlenn R. AndersonR. Daren BaxterE.A. Nelson Blackburn QCElizabeth M. HaldaneDaniel W. IngersollJohn KulikKevin A. MacDonaldJames C. MartinMary E. Meisner QCPaul E. RadfordGary A. RichardDenise C. SmithJames W. StanleyPhilip J. Star QCEric O. SturkMichael S. Taylor QCJ. Walter Thompson QCKimberley Turner QCCivil Procedure Rules CommitteeJ. Andrew Fraser, ChairJohn A. KeithMichael F. Donovan QCMargot FergusonC Gavin Giles QCHarvey Morrison QCDonald A.R. (Rollie) ThompsonMichael PugsleyRaymond F. WagnerStaff: Darrel I. PinkOPERATIONAL COMMITTEES

Page 165 of 198Ethics Advisory CommitteeKathryn A. Raymond, ChairMichael Brooker QCDarrel I. PinkDouglas B. Shatford QCAlan J. Stern QCKimberley Turner QCStaff: Elaine CummingExpansion of Family Division Working Group (Joint with CBA)Tim Daley QC, Co-ChairLou Ann Chiasson QC, Co-ChairJanice Beaton QCLynn Connors QCJennifer KoorenAnne LevangieStaff – Emma HalpernLand Registration Act Management CommitteeService Nova Scotia & Municipal Relations RepresentativesTBDNova Scotia Barristers’ Society RepresentativesMelanie McGrathDarrel I. PinkRural Practice Working GroupCarole Gillies QC, ChairLouise CampbellLynn Connors QCKathryn DumkeCelia MelansonCandee McCarthyDavid McNairnStaff - Darrel Pink

Page 166 of 198APPOINTMENTS TO OUTSIDE BODIESAdvisory Committee on Judicial Appointments - FederalAdvisory Board on Judicial Appointments – ProvincialJanice Beaton QCJulia Cornish QCPhilip J. Star QCCanadian Lawyers' Insurance Association - Advisory BoardJohn Traves QCFamily Law Expert Advisory PanelKenzie MacKnnonFederation of Law Societies of Canada CouncilCatherine S. Walker QCIndigenous Black and Mi’kmaq Initiative - Advisory CouncilEmma HalpernJudicial Council (NSBS Appointments) Provincial Court Act 16(1)(e) and (f)Marjorie Hickey QCDaniel M. Campbell QCLaw Foundation of Nova Scotia Legal Profession Act s. 72(1)(b)Robert G. MacKeigan QC, ChairMargaret M. MacKenzieA. Robert SampsonM. Gerard Tompkins QCLaw Reform Commission Law Reform Commission Acts 5(1)(a)Darlene A. Jamieson QCAnthony L. Chapman QCLawyers Assistance ProgramCheryl Canning, ChairJennifer Glennie, Vice-ChairCraig R. BerrymanAmy B. BradburyMichael K. Power QCNancy G. RideoutStaff: Melanie McGrathLawyers’ Insurance Association of Nova Scotia Board ofDirectors (www.lians.ca) Legal Profession Act s 61(2)

Page 167 of 198John W. Traves QC ChairMichael K. Power QC Vice-ChairMichael R. Brooker QCCheryl CanningGail Rudderham-Chernin QCDavid ConnellyRobert K. Dickson QCElizabeth HaldaneJohn KulikNancy I. Murray QCStephen D. PiggottDarrel I. PinkStaff: Melanie McGrathNS Land Surveyors - Board of Examiners Land Surveyors Act s. 10(1)(d)W. Bruce Gillis QCNova Scotia Legal Aid Commission Legal Aid Act s3(3)Frank E. DeMontTrinda L. Ernst QCDarlene MacRuryChristopher ManningHugh E. RobichaudLinda Tippett-LearyRonald R. ChisholmQC Appointments Advisory CommitteeAlice AlmondJanice Beaton QCRobert Dickson QCRonald J. MacDonald QCHarvey McPhee QCHarry Munro QCTerry Roane QCWilliam L. (Mick) Ryan QCKim Turner QCSecretary to the Committee: John Traves QCSmall Claims Court Adjudicators Advisory CommitteeGavin Giles QCStatutory Costs and Fees Committee Costs and Fees Act s.2(4)(d)Gus RichardsonCarmen G. McCormick QCRaymond F. WagnerStaff: Darrel I. Pink

Page 168 of 198MEMORANDUM TO COUNCILFrom:Code of Conduct Working GroupDate: May 11, 2012Subject: Code of Professional Conduct – Conflicts Amendments - Rule 2.04For: Approval IntroductionInformationXRecommendation/Motion:The Code of Professional Conduct Working Group recommends that the draft amendments to Rule 2.04 be referredto Council for approval.Draft Motion:Be it resolved that the Code of Professional Conduct be amended by adopting articles 2.04(1) –2.01(21) to replace the current 2.04(1) -2.04(16) and to renumber the provisions from to 2.04(17) – 2.04(41) tobecome 2.04(22) – 2.04(46).Executive Summary:On February 24, 2012, the Federation of Law Societies sent a letter to Law Society Presidents enclosing the Reporton Conflicts of Interest from the Standing Committee on the Model Code of Professional Conduct. This report wasreferred to the NSBS Code of Professional Conduct Working Group (CPCWG) for consideration andrecommendation.The Working Group met on March 22, 2012. In addition to the FLS Report, they had for review a submission onbehalf of various firms with regard to the proposed conflicts rule, a memorandum from Jack Olsen in BC comparingthe SMSS and law firm submission with those from the CBA in BC and identifying similarities and differences, andthe report from the Law Society of BC on their proposed amendments to the FLS conflicts rule, which was adoptedin March.Included with the report from BC was a “red-lined” version of the new conflicts provisions that indicates theamendments to this section that have been approved in BC. The Working Group began its analysis by consideringwhether any of BC’s amendments to the new model rule should be adopted in Nova Scotia, and whether any otheramendments should be referred to the Federation’s Standing Committee for national consideration.

Page 169 of 198The Working Group considered whether a recommendation should be made to Council to adopt the new rule withsome amendments in the near term, rather than waiting until the fall to see how other jurisdictions respond to themodel rule.The Working Group found the submissions received from the firms helpful and that some of their suggestions maybe appropriate amendments to consider for Nova Scotia. However, a number of the changes should be referred forconsideration by the Standing Committee. The Working Group is mindful that a great deal of work has gone into thenew model conflicts rule based on months of consultation and submissions from members of the profession and theCBA.The Working Group identified that one key area where the firms and CBA diverge from the Federation is on theconcept of the duty of loyalty. From the Federation’s and regulators’ perspective, clients need to be able to maketheir own decisions about their choice of counsel, whether to continue with counsel of their choice where there maybe potential conflicts, and those choices must be informed. The ABA’s Model Rule requires that consent must beobtained but ILA is not necessary. From the submissions received to date, the CBA and large law firms wouldprefer that lawyers be permitted to exercise their judgment in certain circumstances regarding whether or not aconflict may exist, and to have some control over when and if the client needs to be told, and what.Analysis:The Working Group noted that the Commentary to 2.04(1) regarding real estate transactions is appropriate forreferral to the national committee as this represents a significant change to the manner in which NS lawyers practice.BC recommended the deletion of the second example of a conflict of interest. The Working Group agreed that thisclause should be deleted for Nova Scotia but referred to the national committee as well. The other changes to thissection were accepted:Examples of Conflicts of Interest areas where conflicts of interest may occurConflicts of interest can arise in many different circumstances. The following examples areintended to provide illustrations of circumstances that may give rise to conflicts of interest and.The examples are not exhaustive.The next issue raised was with regard to the duty to commit to a client’s cause, particularly whether such a dutywould create a lack of objectivity. There was some discussion about what this means. There was some agreementthat it is limited to committing professionally to act as the client’s zealous advocate despite the unpopularity of theclient or the client’s position. The statement becomes more contextualized when the entire provision is read as awhole. The changes to this section were accepted:Arising from the duty of loyalty are other duties, such as a duty to commit to the client’s cause, the duty ofconfidentiality, the duty of candour and the duty not to act against the interests of the client. in a conflict ofinterest.The Working Group considered the addition regarding consent and agreed that this tracks the language of Rule2.04(2) and is appropriate for acceptance:Lawyer belief in reasonableness of representationThe requirement that the lawyer reasonably believe that he or she is able to represent eachclient without having a material adverse effect on the representation of, or loyalty to, the other clientprecludes a lawyer from acting for parties to a transaction who have different interests, except where jointrepresentation is permitted under this Code.

Page 170 of 198BC proposed the addition of rules relating to limited representation. These are taken from their current Legal EthicsHandbook. The Working Group agreed that such provisions are very important and recommends adoption, howeverconsidering this is quite new it should also be an issue referred to the national committee.The BC amendments include the deletion of all provisions related to lawyers acting for both the borrower and lenderin a transaction. They have taken the position that it is inappropriate for lawyers to act for both other than asprescribed by their rules relating to conveyances. These must be considered in the overall context of the somewhatunique real estate and conveyance system in BC. These changes are not appropriate for adoption in NS at this time,but any feedback on this from the national committee will be welcomed.Exhibits/Appendices:Code of Conduct – Conflicts Rules 2.04(1)-(21)

Page 171 of 198AppendixModel Code of Conduct(Conflicts of Interest)DEFINITIONSIn this Code, unless the context indicates otherwise,“associate” includes:(a) a lawyer who practises law in a law firm through an employment or othercontractual relationship; and(b) a non-lawyer employee of a multi-discipline practice providing services that support orsupplement the practice of law;“client” means a person who:(a) consults a lawyer and on whose behalf the lawyer renders or agrees to render legalservices; or(b) having consulted the lawyer, reasonably concludes that the lawyer has agreed to renderlegal services on his or her behalf.CommentaryA lawyer-client relationship may be established without formality.When an individual consults a lawyer in a representative capacity, the client is the corporation,partnership, organization, or other legal entity that the individual is representing;For greater clarity, a client does not include a near-client, such as an affiliated entity, director,shareholder, employee or family member, unless there is objective evidence to demonstrate that suchan individual had a reasonable expectation that a lawyer-client relationship would be established.

“conflict of interest” means the existence of a substantial risk that a lawyer’s loyalty to orrepresentation of a client would be materially and adversely affected by the lawyer’s own interest orthe lawyer’s duties to another client, a former client, or a third person.Page 172 of 198“consent” means fully informed and voluntary consent after disclosure(a) in writing, provided that, if more than one person consents, each signs the same or aseparate document recording the consent; or(b) orally, provided that each person consenting receives a separate writtencommunication recording the consent as soon as practicable;“disclosure” means full and fair disclosure of all information relevant to a person’s decision (including,where applicable, those matters referred to in commentary in this Code), in sufficient time for the personto make a genuine and independent decision, and the taking of reasonable steps to ensureunderstanding of the matters disclosed;“interprovincial law firm” means a law firm that carries on the practice of law in more than one provinceor territory of Canada;“law firm” includes one or more lawyers practising: (a)in a sole proprietorship;(b) in a partnership;(c) as a clinic under the Legal Aid Act;(d) in a government, a Crown corporation or any other public body; or (e) in acorporation or other organization;“lawyer” means a member of the Society and includes an Articled Clerk enrolled in the Society’s BarAdmission Course;“Society” means the Nova Scotia Barristers’ Society;“tribunal” includes a court, board, arbitrator, mediator, administrative agency or other body that resolvesdisputes, regardless of its function or the informality of its procedures;

Page 173 of 1982.04 CONFLICTSDuty to Avoid Conflicts of Interest2.04 (1) A lawyer must not act or continue to act for a client where there is a conflict of interest, except aspermitted under this Code.CommentaryAs defined in these rules, a conflict of interest exists when there is a substantial risk that a lawyer’s loyaltyto or representation of a client would be materially and adversely affected by the lawyer’s own interest orthe lawyer’s duties to another client, a former client, or a third person. The risk must be more than a merepossibility; there must be a genuine, serious risk to the duty of loyalty or to client representation arisingfrom the retainer. A client’s interests may be seriously prejudiced unless the lawyer’s judgment andfreedom of action on the client’s behalf are as free as possible from conflicts of interest.A lawyer should examine whether a conflict of interest exists not only from the outset but throughout theduration of a retainer because new circumstances or information may establish or reveal a conflict ofinterest.The general prohibition and permitted activity prescribed by this rule apply to a lawyer’s duties tocurrent, former, concurrent and joint clients as well as to the lawyer’s own interests.RepresentationRepresentation means acting for a client and includes the lawyer’s advice to and judgment on behalf ofthe client.The fiduciary relationship, the duty of loyalty and conflicting interestsThe value of an independent bar is diminished unless the lawyer is free from conflicts of interest. The rulegoverning conflicts of interest is founded in the duty of loyalty which is grounded in the law governingfiduciaries. The lawyer-client relationship is a fiduciary relationship and as such, the lawyer has a duty ofloyalty to the client. To maintain public confidence in the integrity of the legal profession and theadministration of justice, in which lawyers play a key role, it is essential that lawyers respect the duty ofloyalty. Arising from the duty of loyalty are other duties, such as a duty to commit to the client’s cause, theduty of confidentiality, the duty of candour and the duty not to act in a conflict of interest. This obligation ispremised on an established or ongoing lawyer client relationship in which the client must be assured of thelawyer’s undivided loyalty, free from any material impairment of the lawyer and client relationship.

Page 174 of 198The rule reflects the principle articulated by the Supreme Court of Canada in the cases of R. v. Neil 2002SCC 70 and Strother v, 3464920 Canada Inc. 2007 SCC 24, regarding conflicting interests involvingcurrent clients, that a lawyer must not represent one client whose legal interests are directly adverse tothe immediate legal interests of another client without consent. This duty arises even if the matters areunrelated. The lawyer client relationship may be irreparably damaged where the lawyer’s representationof one client is directly adverse to another client’s immediate interests. One client may legitimately fearthat the lawyer will not pursue the representation out of deference to the other client, and an existingclient may legitimately feel betrayed by the lawyer’s representation of a client with adverse legalinterests. The prohibition on acting in such circumstances except with the consent of the clients guardsagainst such outcomes and protects the lawyer client relationship.Accordingly, factors for the lawyer’s consideration in determining whether a conflict of interest existsinclude:• the immediacy of the legal interests;• whether the legal interests are directly adverse;• whether the issue is substantive or procedural;• the temporal relationship between the matters;• the significance of the issue to the immediate and long-term interests of the clients involved;and• the clients' reasonable expectations in retaining the lawyer for the particular matter orrepresentation.Examples of areas where conflicts of interest may occurConflicts of interest can arise in many different circumstances. The following examples are intendedto provide illustrations of circumstances that may give rise to conflicts of interest. The examples arenot exhaustive.1. A lawyer acts as an advocate in one matter against a person when the lawyerrepresents that person on some other matter.2. A lawyer provides legal advice to a small business on a series of commercial

Page 175 of 198transactions and at the same time provides legal advice to an employee of the business on anemployment matter, thereby acting for clients whose legal interests are directly adverse.3. A lawyer, an associate, a law partner or a family member has a personal financial interest in aclient’s affairs or in a matter in which the lawyer is requested to act for a client, such as apartnership interest in some joint business venture with a client.4. A lawyer owning a small number of shares of a publicly traded corporation would not necessarilyhave a conflict of interest in acting for the corporation because the holding may have noadverse influence on the lawyer’s judgment or loyalty to the client.5. A lawyer has a sexual or close personal relationship with a client.Such a relationship may conflict with the lawyer’s duty to provide objective, disinterested professionaladvice to the client. The relationship may obscure whether certain information was acquired in thecourse of the lawyer and client relationship and may jeopardize the client’s right to have all informationconcerning his or her affairs held in strict confidence. The relationship may in some circumstancespermit exploitation of the client by his or her lawyer. If the lawyer is a member of a firm and concludesthat a conflict exists, the conflict is not imputed to thelawyer’s firm, but would be cured if another lawyer in the firm who is not involved in such arelationship with the client handled the client’s work.6. A lawyer or his or her law firm acts for a public or private corporation and the lawyer servesas a director of the corporation.These two roles may result in a conflict of interest or other problems because they may• affect the lawyer’s independent judgment and fiduciary obligations in either or both roles,• obscure legal advice from business and practical advice,• jeopardize the protection of lawyer and client privilege, and• disqualify the lawyer or the law firm from acting for the organization.7. Sole practitioners who practise with other lawyers in cost-sharing or other arrangementsrepresent clients on opposite sides of a dispute. See subrules (44) and (45) on spacesharingarrangements.The fact or the appearance of such a conflict may depend on the extent to which the lawyers’practices are integrated, physically and administratively, in the association.2.04(2)ConsentA lawyer must not represent a client in a matter when there is a conflict of interest unless there isexpress or implied consent from all clients and the lawyer reasonably believes that he or she is able to

Page 176 of 198represent each client without having a material adverse effect upon the representation of or loyalty tothe other client.a) Express consent must be fully informed and voluntary after disclosure.b) Consent may be inferred and need not be in writing where all of the following apply:i. the client is a government, financial institution, publicly traded or similarlysubstantial entity, or an entity with in-house counsel;ii.iii.iv.the matters are unrelated;the lawyer has no relevant confidential information from one client that mightreasonably affect the other; andthe client has commonly consented to lawyers acting for and against it inunrelated matters.CommentaryDisclosure and consentDisclosure is an essential requirement to obtaining a client’s consent. Where it is not possibleto provide the client with adequate disclosure because of the confidentiality of the information ofanother client, the lawyer must decline to act.The lawyer should inform the client of the relevant circumstances and the reasonably foreseeableways that the conflict of interest could adversely affect the client’s interests. This would include thelawyer’s relations to the parties and any interest in or connection with the matter.Following the required disclosure, the client can decide whether to give consent. As importantas it is to the client that the lawyer’s judgment and freedom of action on the client’s behalf not be subjectto other interests, duties or obligations, in practice this factor may not always bedecisive. Instead, it may be only one of several factors that the client will weigh when decidingwhether or not to give the consent referred to in the rule. Other factors might include, forexample, the availability of another lawyer of comparable expertise and experience, the stagethat the matter or proceeding has reached, the extra cost, delay and inconvenience involved inengaging another lawyer, and the latter’s unfamiliarity with the client and the client’s affairs.Consent in AdvanceA lawyer may be able to request that a client consent in advance to conflicts that might arise in thefuture. As the effectiveness of such consent is generally determined by the extent to which the clientreasonably understands the material risks that the consent entails, the more comprehensive the

Page 177 of 198explanation of the types of future representations that might arise and the actual and reasonablyforeseeable adverse consequences of those representations, the greater the likelihood that the clientwill have the requisite understanding. A general, open-ended consent will ordinarily be ineffectivebecause it is not reasonably likely that the client will have understood the material risks involved. If theclient is an experienced user of the legal services involved and is reasonably informed regarding therisk that a conflict may arise, such consent is more likely to be effective, particularly if, for example, theclient is independently represented by other counsel in giving consent and the consent is limited tofuture conflicts unrelated to the subject of the representation.While not a pre-requisite to advance consent, in some circumstances it may be advisable torecommend that the client obtain independent legal advice before deciding whether to provideconsent. Advance consent must be recorded, for example in a retainer letter.Implied consentIn some cases consent may be implied, rather than expressly granted. As the Supreme Court held inNeil and in Strother, however, the concept of implied consent is applicable in exceptional cases only.Governments, chartered banks and entities that might be considered sophisticated consumers of legalservices may accept that lawyers may act against them in unrelated matters where there is no dangerof misuse of confidential information. The more sophisticated the client is as a consumer of legalservices, the more likely it will be that an inference of consent can be drawn. The mere nature of theclient is not, however, a sufficient basis upon which to assume implied consent; the matters must beunrelated, the lawyer must not possess confidential information from one client that could affect theother client, and there must be a reasonable basis upon which to conclude that the client hascommonly accepted that lawyers may act against it in such circumstances.2.04 (3) DisputeDespite subrule (2) a lawyer must not represent opposing parties in a dispute.CommentaryA lawyer representing a client who is a party in a dispute with another party or parties mustcompetently and diligently develop and argue the position of the client. In a dispute, the parties’immediate legal interests are clearly adverse. If the lawyer were permitted to act for opposing partiesin such circumstances even with consent, the lawyer’s advice, judgment and loyalty to one clientwould be materially and adversely affected by the same duties to the other client or clients. In short,the lawyer would find it impossible to act without offending theserules.Concurrent Representation with protection of confidential client information2.04 (4) Where there is no dispute among the clients about the matter that is the subject of theproposed representation, two or more lawyers in a law firm may act for current clients with competinginterests and may treat information received from each client as confidential and not disclose it to theother clients, provided that:(a) disclosure of the risks of the lawyers so acting has been made to each client;

Page 178 of 198(b) each client consents after having received independent legal advice, including on the risksof concurrent representation;(c) the clients each determine that it is in their best interests that the lawyers so act; (d)each client is represented by a different lawyer in the firm;(e) appropriate screening mechanisms are in place to protect confidential information; and(f) all lawyers in the law firm withdraw from the representation of all clients in respect of the matterif a dispute that cannot be resolved develops among the clients.CommentaryThis rule provides guidance on concurrent representation, which is permitted in limitedcircumstances. Concurrent representation is not contrary to the rule prohibitingrepresentation where there is a conflict of interest provided that the clients are fully informedof the risks and understand that if a dispute arises among the clients that cannot be resolvedthe lawyers may have to withdraw, resulting in potential additional costs.An example is a law firm acting for a number of sophisticated clients in a matter such ascompeting bids in a corporate acquisition in which, although the clients’ interests are divergentand may conflict, the clients are not in a dispute. Provided that each client isrepresented by a different lawyer in the firm and there is no real risk that the firm will not beable to properly represent the legal interests of each client, the firm may represent both eventhough the subject matter of the retainers is the same. Whether or not a risk of impairment ofrepresentation exists is a question of fact.The basis for the advice described in the rule from both the lawyers involved in the concurrentrepresentation and those giving the required independent legal advice is whether concurrentrepresentation is in the best interests of the clients. Even where all clients consent, thelawyers should not accept a concurrent retainer if the matter is one in which one of the clientsis less sophisticated or more vulnerable than the other.In cases of concurrent representation lawyers should employ, as applicable, the reasonablescreening measures to ensure non-disclosure of confidential information within the firm setout in the rule on conflicts from transfer between law firms (see sub rule (25)).Joint Retainers2.04 (5) Before a lawyer is retained by more than one client in a matter or transaction, the lawyermust advise each of the clients that:(a) the lawyer has been asked to act for both or all of them;(b) no information received in connection with the matter from one client can be treated asconfidential so far as any of the others are concerned; and(c) if a conflict develops that cannot be resolved, the lawyer cannot continue to act for both or allof them and may have to withdraw completely.

Page 179 of 198CommentaryAlthough this rule does not require that a lawyer advise clients to obtain independent legal advicebefore the lawyer may accept a joint retainer, in some cases, the lawyer should recommend suchadvice to ensure that the clients’ consent to the joint retainer is informed, genuine and uncoerced.This is especially so when one of the clients is less sophisticated or more vulnerable than the other.A lawyer who receives instructions from spouses or partners to prepare one or more wills for thembased on their shared understanding of what is to be in each will should treat the matter as a jointretainer and comply with subrule (5). Further, at the outset of this joint retainer, the lawyer shouldadvise the spouses or partners that, if subsequently only one of them were to communicate newinstructions, such as instructions to change or revoke a will:(a) the subsequent communication would be treated as a request for a new retainer and not aspart of the joint retainer;(b) in accordance with Rule 2.03, the lawyer would be obliged to hold the subsequentcommunication in strict confidence and not disclose it to the other spouse or partner; and(c) the lawyer would have a duty to decline the new retainer, unless:(i)(ii)(iii)the spouses or partners had annulled their marriage, divorced, permanentlyended their conjugal relationship or permanently ended their close personalrelationship, as the case may be;the other spouse or partner had died; orthe other spouse or partner was informed of the subsequent communication andagreed to the lawyer acting on the new instructions.After advising the spouses or partners in the manner described above, the lawyer should obtain theirconsent to act in accordance with subrule (9).2.04 (6) If a lawyer has a continuing relationship with a client for whom the lawyer acts regularly,before the lawyer accepts a joint retainer from that client and another client , the lawyer must advisethe other client of the continuing relationship and recommend that the client obtain independent legaladvice about the joint retainer.2.04 (7) When a lawyer has advised the clients as provided under subrules (5) and (6) and the partiesare content that the lawyer act, the lawyer must obtain their consent.CommentaryConsent in writing, or a record of the consent in a separate letter to each client is required. Even if allthe parties concerned consent, a lawyer should avoid acting for more than one client when it is likelythat an issue contentious between them will arise or their interests, rights or obligations will diverge asthe matter progresses.2.04 (8) Except as provided by subrule (9), if a contentious issue arises between clients who have consented toa joint retainer, the lawyer must not advise them on the contentious issue and must:

Page 180 of 198(a) refer the clients to other lawyers; or(b) advise the clients of their option to settle the contentious issue by direct negotiationin which the lawyer does not participate, provided:(i)(ii)no legal advice is required; andthe clients are sophisticated.2.04 (9)If the contentious issue referred to in subrule (8) is not resolved, the lawyer must withdrawfrom the joint representation.CommentaryThis rule does not prevent a lawyer from arbitrating or settling, or attempting to arbitrate or settle,a dispute between two or more clients or former clients who are not under any legal disability andwho wish to submit the dispute to the lawyer.If, after the clients have consented to a joint retainer, an issue contentious between them orsome of them arises, the lawyer is not necessarily precluded from advising them on noncontentiousmatters.2.04 (10) Subject to this rule, if clients consent to a joint retainer and also agree that, if a contentiousissue arises, the lawyer may continue to advise one of them, the lawyer may advise that client aboutthe contentious matter and must refer the other or others to another lawyer.CommentaryThis rule does not relieve the lawyer of the obligation, when the contentious issue arises, to obtainthe consent of the clients if there is or is likely to be a conflicting interest, or if the representation onthe contentious issue requires the lawyer to act against one of the clients.When entering into a joint retainer, the lawyer should stipulate that, if a contentious issue develops, thelawyer will be compelled to cease acting altogether unless, at the time the contentious issue develops,all parties consent to the lawyer’s continuing to represent one of them. Consent given before the factmay be ineffective since the party granting the consent willnot at that time be in possession of all relevant information.Acting Against Former Clients2.04 (11) Unless the former client consents, a lawyer must not act against a former client in : (a)the same matter,(b) any related matter, or(c) any other matter if the lawyer has relevant confidential information arising from therepresentation of the former client that may prejudice that client.

Page 181 of 198CommentaryThis rule prohibits a lawyer from attacking the legal work done during the retainer, or fromundermining the client’s position on a matter that was central to the retainer. It is not improper for alawyer to act against a former client in a fresh and independent matter wholly unrelated to any workthe lawyer has previously done for that client if previously obtained confidential information isirrelevant to that matter.2.04 (12) When a lawyer has acted for a former client and obtained confidential information relevantto a new matter, another lawyer (“the other lawyer”) in the lawyer’s firm may act in the new matteragainst the former client if:(a) the former client consents to the other lawyer acting; or(b) the law firm establishes that it is in the interests of justice that it act in the new matter,having regard to all relevant circumstances, including:(i)(ii)(iii)(iv)(v)(vi)the adequacy of assurances that no disclosure of the former client’sconfidential information to the other lawyer having carriage of the new matter hasoccurred;the adequacy and timing of the measures taken to ensure that no disclosure of theformer client’s confidential information to the other lawyer having carriage of thenew matter will occur;the extent of prejudice to any party;the good faith of the parties;the availability of suitable alternative counsel; andissues affecting the public interest.CommentaryThe guidelines at the end of the Commentary to subrule (26) regarding lawyer transfersbetween firms provide valuable guidance for the protection of confidential information in the rare casesin which, having regard to all of the relevant circumstances, it is appropriate for another lawyer in thelawyer’s firm to act against the former client.Limited representation2.04 (13) In subrules (13) to (16) “limited legal services” means advice or representation of asummary nature provided by a lawyer to a client under the auspices of a not-for-profit organization withthe expectation by the lawyer and the client that the lawyer will not providecontinuing representation in the matter.2.04 (14) A lawyer must not provide limited legal services if the lawyer is aware of a conflict ofinterest and must cease providing limited legal services if at any time the lawyer becomes aware of aconflict of interest.

Page 182 of 1982.04 (15) A lawyer may provide limited legal services notwithstanding that another lawyer hasprovided limited legal services under the auspices of the same not-for-profit organization to a clientadverse in interest to the lawyer’s client, provided no confidential information about aclient is available to another client from the not-for-profit organization.2.04 (16) If a lawyer keeps information obtained as a result of providing limited legal servicesconfidential from the lawyer’s partners and associates, the information is not imputed to the partnersor associates, and a partner or associate of the lawyer may(a)(b)continue to act for another client adverse in interest to the client who is obtaining orhas obtained limited legal services, andact in future for another client adverse in interest to the client who is obtaining or hasobtained limited legal services.Acting for Borrower and Lender2.04 (17) Subject to subrule (18), a lawyer or two or more lawyers practising in partnership orassociation must not act for or otherwise represent both lender and borrower in a mortgage or loantransaction.2.04 (18) In subrules (19) to (21) “lending client” means a client that is a bank, trust company,insurance company, credit union or finance company that lends money in the ordinary course of itsbusiness.2.04 (19) Provided there is compliance with this rule, and in particular subrules (5) to (9), a lawyermay act for or otherwise represent both lender and borrower in a mortgage or loan transaction in any ofthe following situations:(a) the lender is a lending client;(b) the lender is selling real property to the borrower and the mortgage represents part of thepurchase price;(c) the lawyer practises in a remote location where there are no other lawyers that either partycould conveniently retain for the mortgage or loan transaction; or(d) the lender and borrower are not at “arm’s length” as defined in the Income Tax Act(Canada).2.04 (20) When a lawyer acts for both the borrower and the lender in a mortgage or loan transaction,the lawyer must disclose to the borrower and the lender, in writing, before the advance or release ofthe mortgage or loan funds, all material information that is relevant to the transaction.CommentaryWhat is material is to be determined objectively. Material information would be facts that would beperceived objectively as relevant by any reasonable lender or borrower. An example is a priceescalation or “flip”, where a property is re-transferred or re-sold on the same day or within a short timeperiod for a significantly higher price. The duty to disclose arises even if the lender or the borrowerdoes not ask for the specific information.

Page 183 of 1982.04 (21) If a lawyer is jointly retained by a client and a lending client in respect of a mortgage or loanfrom the lending client to the other client, including any guarantee of that mortgage or loan, the lendingclient’s consent is deemed to exist upon the lawyer’s receipt of written instructions from the lendingclient to act and the lawyer is not required to:(a) provide the advice described in subrule (5) to the lending client before accepting the retainer,(b) provide the advice described in subrule (6), or(c) obtain the consent of the lending client as required by subrule (7), including confirming thelending client’s consent in writing, unless the lending client requires that its consent bereduced to writing.CommentarySubrules (20) and (21) are intended to simplify the advice and consent process between a lawyer andinstitutional lender clients. Such clients are generally sophisticated. Their acknowledgement of theterms of and consent to the joint retainer is usually confirmed in the documentation of the transaction(e.g., mortgage loan instructions) and the consent is generally acknowledged by such clients when thelawyer is requested to act.Subrule (20) applies to all loans when a lawyer is acting jointly for both the lending client and anotherclient regardless of the purpose of the loan, including, without restriction, mortgage loans, businessloans and personal loans. It also applies where there is a guarantee of such a loan.

Page 184 of 198MEMORANDUM TO COUNCILFrom:Melanie McGrathDate: May 11, 2012Subject: Professional Standards (Real Estate) Committee – Amendments to Standard 2.1For: Approval IntroductionInformationxRecommendation/Motion:This is an introduction of the amendments to Real Estate Standard 2.1 to Council. Followingintroduction to Council, the amendments will be communicated to the membership for review andconsultation and then brought back to Council for approval.Executive Summary:The two current Standards, Standard 2.1 and Standard 2.2 deal with legal descriptions and parcelidentification. In the past there were two separate concepts which were not tied together by any legalprocesses. They are now tied together under the LRA as a result, the Committee merged the twoStandards into one.The Committee has identified the different considerations to take into account when creating a parcelregister (migration) or making changes to a parcel register (revision) or interpreting a parcel register(giving an opinion on title). For this reason, the new Standard is divided into sections to identify theissues specific to the process being undertaken by the lawyer under the LRA.Exhibits/Appendices:Real Estate Standard 2.1 as amended with the rationale for the changes..

Existing Standard Proposed Standard RationalePage 185 of 198STANDARD 2.1 - Legal DescriptionsWhen a lawyer examines a legal description, the lawyermust be satisfied that the legal description(a) is a proper and complete description of the parcel;(b) identifies the parcel; and(c) when based on a plan of survey, reflects the parcel asshown on the plan. 1If a lawyer determines that the abstract of title showsthat the legal description has been amended from time totime, the lawyer must assess each amendment todetermine whether the amendment complies withlegislative requirements for transfer of title to land. 2A lawyer must ensure that a certificate of title preparedby the lawyer clearly identifies the parcel by a metes andbounds description or in another form as authorized bylegislation. 3____________________Notes:1. Precision in legal descriptions: Countway v. Haughanand Chataway (1975), 15 N.S.R. (2d) 138, perMacKeigan C.J.N.S. (N.S.S.C.A.D.); T.O. Boyne,“Conveyancing - Legal Descriptions”(1992) 3 TheClaims Wise Bulletin, Claims Wise No. 20 at 1; T.O.Boyne “Legal Descriptions/Surveys” (1992) 3 TheClaims Wise Bulletins, Claims Wise No. 23 at 42. Subdivision compliance: Municipal Government Act,S.N.S. 1998, c. 18, ss. 268-292, as am. LandRegistration Act, S.N.S. 2001, c. 63. Parcel identification: Land Registration Act, S.N.S.2001, c. 6, ss. 19 and 37(5)____________________Standard 2.1 (previously Standard 2.1 and 2.2)Rationale for Proposed Revision of Standard 2.1 and 2.2Legal Descriptions and Parcel IdentificationLegal Descriptions and Parcel IdentificationREGISTRY SYSTEMLegal Description1. Before the Land Registration Act (LRA) came into1. A lawyer who examines a legal description of a parcel force, there were very few procedures to follow inor a condominium unit found in the Registry system relation to the legal description. The descriptionwhen giving an opinion on title, the lawyer must be from the previous deed was photocopied andsatisfied that the legal descriptioninserted in the next conveyance. Now, the legaldescription is central to the status of the title at a(a) is a proper and complete description of the parcel particular moment in time and must match theof land or condominium unit;parcel register. This change was the major impetusfor the revision. The revision was a major one. It(b) identifies the parcel; andaddresses the legal description and/or parcelidentification issues in both the “old” Registry System(c) when based on a plan of survey, reflects the parcel and/or the new Land Registration system andas shown on the plan. 1identifies how the legal description needs to bereviewed at different times in the process of aAbstract of Titlemigration or a revision or report on title.2. If a lawyer determines that an abstract of title showsthat the legal description has been amended from 2. The two current Standards, Standard 2.1 andtime to time, the lawyer must assess each amendment Standard 2.2 deal with legal descriptions and parcelto determine whether the amendment complies with identification. In the past there were two separatelegislative requirements for transfer of title to land. 2 concepts which were not tied together by any legalprocesses. They are now tied together under theOpinion of titleLRA as a result, the Committee merged the two3. A lawyer must ensure that an opinion of title prepared Standards into one.by the lawyer clearly identifies the parcel by a metesand bounds description or in another form as3. The LRA now permits a parcel identification numberauthorized by legislation or common law. 3or PID to be used in place of a legal description todescribe a parcel at a specific moment in time. TheLAND REGISTRATION SYSTEMLRA now provides for the creation of a parcel registerwhich incorporates the legal description and parcelMigrationidentification in one place, connecting the twoLegal Descriptionconcepts.1. When a lawyer registers a parcel pursuant to the LandRegistration Act, the Act and Regulations require that 4. The Committee has identified the differentthe legal description of the parcelconsiderations to take into account when creating aparcel register (migration) or making changes to a(a) reflects the contents of the parcel register, unless parcel register (revision) or interpreting a parcelthe parcel is a condominium unit. 4 register (giving an opinion on title). For this reason,the new Standard is divided into sections to identifythe issues specific to the process being undertaken

Additional Resource:PID may remain the same after the extent is alteredC. Walker, Q.C., “Abstracts and the Land RegistrationSystem” in Land Registration Act Education Program,LRA Education MaterialSTANDARD 2.2 – Parcel IdentificationBefore the Land Registration Act comes into force in aregistration district, a lawyer preparing an opinion of titleor preparing an instrument affecting title to a parcel inthe registration district, should(a) examine the information relating to the parcel foundon Property Online; and(b) annotate on the legal description of each parcel itsapparent Property Identification Number (PID) andAssessment Account Number (AAN),to further the integrity of the information contained inProperty Online.The annotation should be clearly worded to show that itis not an operative part of the instrument and that it isgiven as reference information only.A lawyer identifying any apparent or possible errors in theProperty Online mapping should bring the information tothe attention of Property Online to further improve theaccuracy of parcel mapping and integrity of parcelinformation.____________________Note:1. "Property Online" means the internet-deliveredapplication that provides subscribers withweb(b) where a short form description has beenapproved, accurately reflects the informationcontained in the plan on which the short formdescription is based; 5(c) accurately reflects the information contained in thedescription in the Declaration on file with theRegistrar of Condominiums when the parcel is acondominium unit; 6Errors in Property On Line2. At the time of migration, the Regulations under theLand Registration Act require a lawyer who identifieserrors in the Property Online mapping to bring theinformation to the attention of Property Online. 7Historical Information3. A lawyer must give consideration to retaininghistorical information in the parcel description toassist with interpretation of the parcel register. 8Registration and RecordingLegal Description1. When a lawyer registers or records a document in theparcel register pursuant to the Land Registration Act,the Act and Regulations require that the legaldescription of the parcel:(a) reflects the contents of the parcel register in theform of full text, short form legal description or PID,unless the parcel is a condominium unit; 9(b) where a short form description has beenapproved, accurately reflects the informationcontained in the plan on which the short formdescription is based; 10(c) where the parcel is a condominium unit, thedescription accurately reflects the informationcontained in the description in the Declaration on filewith the Registrar of Condominiums; 11Page 186 of 198by the lawyer under the LRA.

ased access to the Nova Scotia land registrationinformation system.____________________Additional Resource:Reasonable steps be taken byErrors in Property On Line2. At the time of revision, the Regulations under theLand Registration Act require a lawyer who identifieserrors in the Property Online mapping to, bring theinformation to the attention of Property Online. 12Historical Information3. A lawyer must give consideration to retaininghistorical information in the parcel description toassist with interpretation of the parcel register, andparticularly when adding an easement benefit orburden to the parcel register during a revision. 13Page 187 of 198_______________________Notes:1 Precision in legal descriptions: Countway v. Haughnand Chataway(1975), 15 N.S.R.(2d) 138 , per MacKeiganC.J.N.S. (N.S.S.C.A.D.), T.O. Boyne, "Conveyancing - LegalDescriptions" (1992) 3 The Claims Wise Bulletin, ClaimsWise No. 20 at 1; T.O. Boyne "LegalDescriptions/Surveys"(1992) 3 The Claims Wise Bulletins,Claims Wise No. 23 at 4;2 Subdivision compliance: Municipal Government Act,S.N.S. 1998, c. 18, ss. 268-292, as am., Land RegistrationAct, S.N.S. 2001, c. 6 ;3 See footnote 1;7(11);4 Land Registration Act, s. 19, Reg 5(8), Reg 7(10),5 Regulation 2(1) definition of short form legaldescription, Regulation 5(8) and 7(10)(a)(ii). See also 7(12)and 7(13);6 Regulation 7(11)(b);7 Regulation 7(7)(c), 7(8);8 Regulation 7(10A)*, Registrar General’s CommuniqueSept 2006, Land Registry Resource Materials- PDCAstandards checklist; Gordon, Garth, Access and Red Flag

Issues Under the LRAhttp://lians.ca/documents/AccessRedFlag.pdf;Page 188 of 1989 Land Registration Act, ss. 19, 37(A)(1)(e), 47(3),47(9), Reg 2(1) definition of short form legal description,5(8), 7(2), 7(10), 7(11), 14(4) 15(2), and 16(2)(b);10 Reg 2(1) definition of short form legal description,Reg 5(8), Reg 7(10)(a)(ii);11 Reg 7(8), 7(11)(b);12 See Footnote 4;13 Regulation 7(7)(C), 7(10A) Registrar General’sCommunique Sept 2006, Land Registry ResourceMaterials- PDCA standards checklist; Gordon, Garth,Access and Red Flag Issues Under the LRAhttp://lians.ca/documents/AccessRedFlag.pdf_______________________Additional Resources:*C. Walker, Q.C., “Abstracts and the Land RegistrationSystem”; http://lians.ca/documents/AbstractsAndTheLandRegistrationSystem.pdf*Where’s the line: Surveyors, Lawyers and the LandRegistration Act: http://lians.ca/documents/WheresTheLine.pdf http://lians.ca/documents/DiscussionPaper_______________________Practice Notes*Regulation 7(7) states that (except for condominiums)the PDCA submitter must assist the parcel owner (orauthorizing person) in identifying the parcel’s PID and takereasonable steps to identify the parcel.

Page 189 of 198*Note that a PID for a parcel which has been subdividedmay remain the same PID number after the extent of theparcel is altered by the subdivision. Caution should beexercised when the extent is altered, especially in regardto easements. The extent of an easement at the time theeasement is created is not altered even though the extentof the parcel which has been assigned the same PID haschanged.*The parcel description should match the parcel registerwhether the description is long form or short form. Allbenefits and burdens should be described in the parceldescription unless the property is a condominium unit.*Consider using the long form description when the planon which the short form description was based containsless information than the long form description.

Page 194 of 198July 12, 2011Go ahead, sue me - I have insuranceBy JEFF GRAY AND TARA PERKINSFrom Wednesday's Globe and MailGerman reinsurance giant Munich Re trying to sell concept of legalprotectioninsurance to Canadian consumersDavid Chen, the Toronto grocer forced to fight criminal charges over his "citizen's arrest" of analleged shoplifter, racked up tens of thousands of dollars in legal fees to clear his name last year.Those bills make him an example of someone who could have benefited from what is known as"legal protection insurance," says the head of a company trying to sell Canadians on the concept.The idea is simple. You pay an annual premium, starting at $360, for access to a hotline thatoffers advice for common legal problems and a lawyer if you need to go to court, to a maximum of$100,000 per claim and $500,000 a year in total.DAS Legal Protection Insurance Co. Ltd., a subsidiary of German reinsurance giant Munich Re,has been offering the policies since last year. Barbara Haynes, DAS Canada's chief executiveofficer, points to small business operators like Mr. Chen, who became a became a cause célèbrebefore being acquitted, as potential customers."Really what we're about is providing affordable access to justice," Ms. Haynes said in aninterview. "Certainly if you talk to the law societies or the bar association they've got access tojustice very high on the agenda."The whole notion of legal insurance for consumers is, with some exceptions, a foreign concept inCanada, despite its popularity in Europe and the U.S. Legal protection insurance is included insome Canadian Auto Workers' and other unions' contracts, and the provision of similar insurancecoverage in Quebec is co-ordinated by the profession's governing body, Le Barreau du Québec.But otherwise, it is largely unknown here.DAS sees Canada as an untapped market for its business. Observers in the legal profession,while generally positive about the concept, caution that it is no panacea for the problem of accessto the legal system and is not without pitfalls.The insurer's customers can tap into a legal advice line that draws on about 850 lawyers acrossCanada. Lawyers will draft letters for customers, give them advice, and represent them in court ifnecessary.

Page 195 of 198DAS's marketing materials sell the product as "affordable" justice for the middle class, which is toowealthy for legal aid but not wealthy enough to pay large legal bills: "It's more than a policy; it'sempowerment, knowing you have access to legal counsel and expense coverage when and if youneed it."But there are many provisos, including deductibles and waiting periods. And, before DAS willproceed with a civil suit, its own lawyers must believe that there is at least a 51-per-cent chance ofsuccess. Plus, the policy excludes family law, so it does not cover divorces or child-custodybattles.The company also offers special policies for drivers - which will see its lawyers fight traffic tickets -and small businesses. Premiums vary, but the company says that a business with revenue ofabout $700,000 tends to pay roughly $600 a year, plus an additional $500 for contract-dispute anddebt-recovery coverage.It's all cheap compared with covering legal costs yourself, with the average hourly rate for a lawyerwith 10 years experience at more than $300. Ms. Haynes lists off countless scenarios in which thecoverage would come in handy: obtaining a severance package after being fired, feuding with aneighbour who plays music at 3 a.m. every night, seeking compensation for a slip and fall, orfending off an audit by the Canada Revenue Agency.The legal-protection insurance industry in Europe takes in roughly $11-billion in premiums a year,said Jochen Messemer, chairman of ERGO International AG, the Munich Re subsidiary that ownsDAS. By comparison, Canadians are buying roughly $11-million to $12-million worth of coverage ayear, DAS says.Mr. Messemer said that legal-protection insurance has changed the speed with which manydisputes are settled in countries such as Germany: "When you have a dispute with somebody, likea repair shop, even saying 'You should think again because I have legal protection insurance'really makes people think."DAS cuts off customers who it believes are suing people just because they have insurance."There are people in every society who love to go to court and sue their neighbour," Mr. Messemersaid. "After the third or fourth case, we would consider cancelling the legal protection insurance tosignal that it might be better to speak to the person you have the dispute with. And, to beprofitable, you don't want to have people in your portfolio who have fun suing other people."Here in Canada, DAS has established partnerships with firms such as Gowling Lafleur HendersonLLP and is licensed across the country except in Quebec, where it is still working to obtain itslicence. It has hired someone to open an office in the Maritimes later this summer.But DAS says profits here are at least five years away, and it is focusing on building its brand. Itcurrently has about 1,300 customers - individuals and businesses - Ms. Haynes said. At the end ofthis year it will be up to about $2-million in annual premiums.Michael Trebilcock, a University of Toronto law professor, authored a 2008 report on Ontario'slegal aid program that called for the "promotion of private insurance markets for legal expense

Page 196 of 198coverage." More recently, he co-authored a paper calling for a comprehensive public legalexpenseinsurance scheme - an idea that has not gained a lot of traction.He said that while he was "generally positive" about insurance along the lines DAS is selling, hesaid it faces numerous obstacles. For one thing, customers are most likely to be "high-risk"individuals with the most potential for legal problems, making it difficult for insurers such as DAS tosucceed."If unemployment insurance were purely private, which individuals would buy it? Well, individualsat the highest risk of being laid off," Prof. Trebilcock said.Kevin Le Messurier-Girling, president of Sterlon Underwriting Managers Ltd., which provides legalinsurance for professionals and businesses, but not for individual consumers, said the idea ofselling legal-expense insurance to consumers in Canada isn't new. He was in charge of BritishbasedLegal Protection Group when its launch of a similar product line for Canadian customers in1990 flopped."It was not a good business," he said, saying that too many customers bought insurance and thenfiled claims immediately afterward, and that insurance brokers and customers were not interested."It's not new. The way DAS has pitched it, it sounds as if, you know, they've come to save Canadaand this is new and everything else. But it's really not."The Law Society of Upper Canada says it supports DAS's efforts, but unlike the Barreau duQuebec, it has no plans to help co-ordinate or market insurance coverage. Former Ontarioattorney-general Marion Boyd, a lay bencher with the Law Society and the chairwoman of itsaccess-to-justice committee, said she thinks, even with its limitations, that private legal insurancecould help make justice more affordable."If you look at what happens in most European countries, people would no more go without legalinsurance than go without car insurance," Ms. Boyd said, predicting that other insurers will followDAS if the company can make a go of it. "I mean, it's not that much more expensive than theextended warranty on an appliance. ... I really think in the long term people will catch on to theimportance of it."The Globe and Mail, IncReprinted from Globe and Mail, in the "The Law Page" section.© The Globe and Mail Inc. All Rights Reserved.. All rights reserved. Licensed by Anonymous Member for 12 monthson July 18, 2011 . You may forward this article or obtain additional permissions at the following iCopyright licenserecord and renewal locator: http://license.icopyright.net/3.8425-52631. The Globe and Mail, Inc and Globe and Mail logosare registered trademarks of The Globe and Mail, Inc. The iCopyright logo is a registered trademark of iCopyright, Inc.

Page 197 of 19811 May 2012Edmonds tells lawyers to get off their high horse about nonlawyers’impact on their ethicsEdmonds: there have always been rogues in any professionIt is “demeaning” to suggest that non-lawyers becoming involved in alternative business structures(ABSs) are less likely to be ethical, the chairman of the Legal Services Board (LSB) claimed last night.David Edmonds also pointed to a string of scandals involving lawyers, including that of minerscompensation, saying that “I wager the title solicitor isn’t a good predictor” of whether someone will acthonestly or ethically.Speaking on ‘quality and standards in a liberalised market’ at an event hosted by London law firmRussell-Cooke, Mr Edmonds said he wanted “to refute the notion that we cannot trust other professions tobehave in an ethical manner, or that businesses ignore the rule of law…“There have always been rogues in any profession but I remain firmly of the view that it is demeaning inthis debate to imply that non-lawyers are inclined to be less ethical than any other group running abusiness.”He argued that there is a “normal distribution curve of ethics among the population”, and while he hopedthe legal profession would come from the end of the curve which is more ethical, “that is not the same assaying that the end of the curve is only populated by lawyers”.Mr Edmonds highlighted the string of lawyer scandals to ensure that people did not look “backwards totraditional regulation through some sort of rose-tinted spectacles, dreaming of the time when professionalethics were consistently high and only jolly good chaps were able to practise law”.The way to address concerns is to regulate not just individuals but the systems and behaviours of theentities in which they operate, he explained, with greater emphasis on business governance, capabilityand management competency. “New governance requirements within ABSs will ensure accountability forethical behaviour and professional standards,” he said.

Page 198 of 198He linked the issue of ethics with the adoption of outcomes-focused regulation, which he described as“the only form of regulation that is compatible with professional ethics”, because being a professionalcannot be reduced to detailed prescriptive rules.Mr Edmonds had a dig at those among the frontline regulators who accuse the LSB of micro-managing:“People and glasshouses spring to mind,” he said, noting the “tendency” of legal regulators over the yearsto issue very detailed codes, supported by just as detailed guidance. He pointed to the latest edition ofthe SRA Handbook, which runs to 516 pages, and the new Bar Handbook, which is likely to reach 300pages.Mr Edmonds also used his speech to emphasise his belief that there is no “inherent conflict betweenconsumerism and the rule of law”. He added: “Putting the consumer first is a principle of good regulation.But we also realise that all consumers are citizens and all citizens are consumers…“I want to see the legal profession adopt the same commitment to consumer care as it does to client care– to embrace modern business ethics alongside those of the profession. They are not mutually exclusiveand each reinforces the other.”