Conflict Created by Money Laundering Legislation Untenable: BCCA

In Federation of Law Societies of Canada v. Canada (Attorney General), 2013 BCCA 147, the B.C. Court of Appeal found provisions of the 2008 money laundering legislation requiring lawyers to collect confidential information about their clients unconstitutional. Independence of the Bar is a principle of fundamental justice and this principle is infringed by the provisions applying to members of the legal profession said the court, which found that "(t)he Regime's effect on clients' and lawyers' liberty interests is disproportionate to the Regime's legislative objective....and the impugned provisions cannot be saved under s. 1 of the Charter." This ABlawg post reviews the history of the case and analyzes the way the court uses and defines "independence of the bar." The CBA, an intervener in the case, summarizes its involvement on its Proceeds of Crime webpage.

CLE Costs Not Deductible: TCC

The Tax Court of Canada rejected a lawyer's argument that he should be able to deduct expenses ($7786) incurred in fulfilling his mandatory CLE obligations in Jamieson v. The Queen, 2013 TCC 52. The lawyer, an employee of a corporation, argued he was in the business of being a lawyer and earned fees as a lawyer from his services as a director on various boards and as a trustee for various trusts. The court disagreed, finding that "being a lawyer is not in and of itself a business. One must practice law as a business to be in the business of law...and (t)here was no evidence...that the Appellant had a law practice." The court also rejected the appellant's claim for home office expenses since he was not required under his contract of employment to have an office away from his employer's place of business.

Supreme Court to Hear Mandatory Retirement Case

The Supreme Court has set a tentative date of December 13, 2013 to hear the appeal of a B.C. lawyer/equity partner forced to retire at age 65. In Fasken Martineau DuMoulin LLP v. British Columbia (Human Rights Tribunal), 2012 BCCA 313, the B.C. Court of Appeal held that a partner cannot be an employee of a partnership of which he is a member and thus could not be treated as an employee under human rights legislation.

Access to Justice

Access to justice is a hot topic in legal circles these days, most notably with the release of four reports from the Action Committee on Access to Justice in Civil and Family Matters, chaired by Justice Cromwell, and the CBA's Envisioning Equal Justice Summit, held April 25-27, 2013 in Vancouver. Published reports include:  

• Backgrounder
• Report of the Court Processes Simplification Working Group
• Report of the Access to Legal Services Working Group
• Report of the Prevention, Triage and Referral Working Group
• Report of the Family Justice Working Group

As part of its Envisioning Equal Justice Project the Access to Justice Committees are working on research papers and have published discussion papers in five areas including: Access to Justice Metrics; Toward National Standards for Publicly Funded Legal Services; and Future Directions for Legal Aid Delivery; all published in April 2013.  

What You Need to Know About Solicitor-Client Privilege

FAQs About Solicitor-Client Privilege and Confidentiality, a project of the Ethics and Professional Responsibility Committee of the Canadian Bar Association, is a series of questions and answers designed to provide guidance to practitioners (both in house and in private practice) on common privilege and client confidentiality issues. The answers reference up-to-date case law, Codes of Conduct, and research materials.

Making the Most of LinkedIn

LinkedIn, which recently celebrated its 10 year milestone, has made several changes in the last year to enhance interactivity and user engagement. If you use LinkedIn but have yet to adapt your page to take advantage of the new format you'll want to read these Slaw articles:

The Linkedin Makeover - What You Need to Know and Is the "Professional Network" Becoming More Social? Those who are still debating whether to join will find the article 7 ways for lawyers and law firms to use LinkedIn more effectively helpful.

CanLII Beta Site

CanLII has developed "a new search interface designed to unify the functionalities of its search engine under a single form that is at once easier and more powerful to use" according to this recent announcement. Users are invited to test and comment on the new interface while it is still being enhanced. And, this article from The Stream reviews some of the other little known features of CanLII that will simplify your legal research.

Recommended Reading

As usual, the theme of the March/April edition of Law Practice magazine is the ABA Tech show. It contains a wealth of information on the latest technology for lawyers, with a particular focus on how firms can ensure their technology enhances rather than hinders firm operations. Topics covered include: Managing a Virtual Law Firm, Android Apps, Trial Lawyers Tackle Twitter, and E-Discovery.  

Practice Pro, Ontario's professional liability insurer and risk management program, has created a new lawyer resource page to help students and new lawyers understand the fundamentals of practice management, client development, and claims avoidance. The Canadian Bar Association has a similar collection of materials called Starting Out. Both provide helpful resources for newly called lawyers or for those contemplating a move to solo practice. In addition, the May/June edition of Law Practice magazine focuses on professional development, particularly for those new to the profession.

If you are storing firm or client data in the cloud you'll want to download the Law Society of B.C.'s cloud computing checklist which identifies the many due diligence concerns at play.  

Accepting Credit Cards on the Go - this GP Solo article reviews what you need to consider if you plan to start using a mobile device to process credit card payments from your clients.

The growing use by lawyers of non-employer issued mobile devices like smartphones and tablets raises concerns about data security, client confidentiality, and the intermingling of personal and office data, as noted in this InHouse article. Since not all cyber risk insurance policies cover employee-owned devices, law firms embracing the "bring your own device" culture should have policies in place to address security and use concerns.

Details of the advance fee collection fraud scams targeting Canadian and US law firms in the last few years are finally coming out in court, as noted in the Law Times article Ontario ruling sheds light on massive scam targeting law firms. In The Attorney General of Canada v. Mathurin, 2013 ONSC 2575, the court rejected the accused's claim that her Charter rights had been violated by police conduct in gathering and sharing evidence with authorities in the States.

Seven Alternatives to Composing Email From Scratch­ - this Attorney at Work article describes the many automation functions in Outlook that can be used to save time spent typing repetitive and boilerplate emails.      

Upcoming CPD: LSM

Canada's Anti-Spam Law: What Your Clients Need to Know - Brian Bowman will walk you through the soon-to-be implemented anti-spam legislation at this lunch hour webinar on May 23, 2013. The new law will fundamentally alter online marketing activities in Canada and steps should be taken now to prepare for the changes.

Time Mastery for Lawyers and Time Mastery for Support Staff - Effective time management is a skill both lawyers and support staff strive to master. The Law Society is once again bringing in Frank Sanitate for two full-day workshops on this topic on June 11 and 12, 2013.

Privacy/Technology Update: MBA

The Technology and Intellectual Property section of the MBA is holding its Annual Update on IP, Privacy & Technology Law on June 13, 2013 from noon to 1:30 p.m. at the Old Spaghetti Factory at the Forks. Presenters include Michael Jason, Silvia de Sousa, Adam Herstein, and Brian Bowman.