This Fall, Amici Curiae

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1 Published by Law Courts Center JULY TO SEPTEMBER 2016 Why the Principle of (dis)proportionality Matters in Access to Justice This Fall, Amici Curiae will begin providing probono limited legal services in F8 financial statements for women and transgender women who are victims of violence. Last August 27, 2016, Amici Curiae with the help of SCBC Master Dick, LSBC Bencher Merrill, QC and counsel Taruna Arora, trained firm accountants on the rules of drafting F8 Financial Statements. The goal is to have accountants, who already possess an appreciation of law firm duties (ie ethics and relations to clients), red-flag sections of the F8 that will require further review by paralegals and duty counsel. What may not be as obvious to many, both Master Dick and Bencher Merrill flew in from Nanaimo to deliver their 2 hour lecture, and just like when Master MacNaughton delivered her 2 lecture, they all needed extra time because there is just a lot to say. And there were a lot of questions. It was important for them. It was quite an interesting dynamic to have litigation and accounting staff in the same room. The former adhere to the principle of proportionality; the latter adhere to the principle of immateriality. The principle of proportionality, the bedrock of our current rules of court as set out in Rule 1-3, is why there are court-led conferences and simplified trials, and why our Bills of Cost tariffs are all about proportionality. The short message is: spend enough resources to try and resolve the conflict in a just, speedy and inexpensive way. The principle of immateriality, the bedrock of our current trust assurance rules as set out in Division 7, is why when it comes to the fiduciary responsibility of the lawyer and the firm, every penny counts. The short message is: you have to expend reasonable and adequate efforts to return every penny to the client. Can these two competing ideas co-exist in serving selfrepresented litigants? Of course! The message from Bencher Merrill was clear: when the client for safety reasons, does not have a known address, non-traditional forms of ID will have to suffice, because clients need to swear or affirm their affidavits. So I set aside an afternoon looking for answers. A student observed that I must have abandoned the principle of proportionality. I am happy to say that we now have a list of traditional and non-traditional IDs that the courts may consider as acceptable. This includes Master Dick s suggestion of getting a letter from their GP or a minister from their congregation. The Vancouver Public Library (VPL), for example, has low barrier cards which allow the user internet access and access cards which (continued to page 4) w w w. l a w c o u r t s c e n t e r. c o m (Bencher Merrill, QC (left) and SCBC Master Dick (middle) field questions from firm accountants. September 2 Law Office Management 101 September 14 Business of Law 201 September 19 Part 7 Benefits 101 September 22/23 Civil Litigation 102 September 24 Family Law Series 200 September 27 Trust Accounting 101 In-Person September 27 Trust Accounting 101 Webinar October 20 List of Documents (Document Discovery) 101 October 27 List of Documents 201 November 17 Trial Preparation for Plaintiff Firms 101 November 18 Trial Preparation for Defence Firms 101 November 24 Managing MVA Files 103 b c l a w s t a f f r e c r u i t i n g. c o m

2 SCHEDULE FOR SEPTEMBER 12, 2016 Law Courts Center Law Office Management 101 for Sole Practioners and Mid-size Firms It is all about maintaining the public s trust in the legal profession and your clients trust in your firm. The onus lies not only with the lawyers but to its administrators and support staff. In fact, everyone has a role to make sure that the firm is running smoothly, that the firm meets its obligation to its clients, regulators and to society as a whole, specially now that firms are being regulated by our law society. September 12, am to 5pm (Fee $548.80) Knowing what the expectations are and establishing the processes to make sure that these are met are two of your key responsibilities. Regardless of the size and practice area of a law firm, it needs to operate properly. For lawyers and administrators in small to midsized firms, who have to wear many hats, this is the time to take steps to professionalize your training either for yourself or your second-in-command. The course will sensitize you to the standards and expectations of the profession. This is a made specifically for BC firms to provide them with a framework for understanding what is needed to manage a law practice. The course outine is set out in the next page. This 7 hour course focuses on professional responsibility, ethics, client care and relations. See the reverse page for details. Attend in-person. At the end of your studies, you will be able to: 1. Develop best practices as the Law Society of BC now regulates law firms 2. Explain the duty & ethical obligation that lawyers have in managing IT in their practice; 3. Improve the full cycle of talent management of the firm's human resources; 4. Create associate business development plans; 5. Device plans for the 4Ds: sudden departure, long term disability, disbarment & death; and 6. Prepare the rudiments of your firm's strategic planning session. Workshop Timeline 09:00 Introductory Remarks 09:15 Servicing Clients: Are they really much more demanding now? 09:45 The New Law Firm Workplace: Gender Identity, Age & Inclusion 10:30 Coffee 10:45 Technology Competence & Law Practice 11:30 Law Firm Reguation 12:00 Lunch 01:00 Human Resources: Recruiting Strategies 01:45 Human Resource: Retention Strategies 02:30 Human Resources: Planning for the 4DsDeparture, Disability, Disbarment & Deat 03:00 Coffee 03:15 Strategic Planning 101: Bringing it all together 04:45 Wrap Up v 1609 B! Howe Street, Vancouver, BC Canada V6Z 2L2

3 Law Office Management 101 Why firms, specially small ones, should stop relying on LSBC scam alerts. Because you should be doing more than just relying on alerts. Like most of you, I received an alert from our law society last 8/4/16 about a phony debt collection that netted a scammer $500,000 from a lawyer. Another bad cheque scam. As long as lawyers and law firms continue to allow themselves to be victimized, fraudsters will continue to prey. As you can see from the LSBC site (here), the ruses are being spun more imaginatively. Our law society advises: "While the names, ruses and addresses may change, a scammer's goal is to obtain money from a lawyer's trust account." Before acting for a new client, check the bad cheque scam list of names on our website. You may find your new client's name. Mindful that law firms are now regulated, a better approach is to adopt best practices. Now. Here are 3 scam hardening best practices that I recommend: 1. A periodic review of client identification and verification (CIV) process with all firm members. This goes beyond knowing the CIV rules (adopt the LSBC checklist). Someone will have to engage in a periodic review with each member of the firm and send a memo to the managing partner that it has been done. 2. Keep an eye on your cash flow. The temptation to find ways to meet disbursements rises when cash flow problems exist. There are sufficient deterrents in place from our law society that will make you think twice about defalcating your trust accounts. But the unending lure of overseas clients who need a quick conveyance, may be just too good to pass up. 3. Scam alerts from our law society are an opportunity to fine-tune your processes and... More than just reading the scam alert, invest an hour, draft a memo as it relates to your practice area(s), and distribute it to your colleagues. If you are the person in charge, your vigilance and value will be appreciated. If you want to learn more, consider these courses this September: A. Law Office Management 101, join veteran administrator Lisa Dawson and I for a full day on September 12, 2016 in-person. CPD: 7.0 including 7.0 for practice management and ethics. B. Trust Accounting 101, join LSBC audit team leaders Ms Adamek and Kaminski, and I for a full day course on September 27, 2016 in-person or by web. CPD:7.0 including 7.0 for practice management and ethics. C. Business of Law 201, join veteran administrator Lisa Dawson and I for a full day on September 14, 2016 inperson. CPD: 6.0 including 6.0 for practice management and ethics Howe Street, Vancouver, BC Canada V6Z 2L2

4 September 14, am to 4pm Law Courts Center Business of Law Workshop 201 Moving Beyond the Standard Reports Financial reports measure behaviour from how well someone tracks and bills for their time to how well they use their support staff to satisfy the firm s clients. You can learn more about your firm not only by taking a close look at the standard reports but by massaging the numbers to flesh out what is or is not taking place in your firm. We will show you how using three case studies we developed just for this workshop. September 14, am to 4pm (Fee $425) This 6 hour course focuses on professional responsibility, ethics, client care and relations. See the reverse page for details. Attend in-person. At the end of your studies, you will be able to: 1. Explain how effective tracking of billable time can affect profitability; 2. Explain how labour costs can impact human resource decision making; 3. Illustrate how to use profit and loss statements to provide key analysis to help in decision making; 4. Consider the merits of attracting and retaining associates; 5. Articulate a business case for access to justice in one's practice; and 6. Articulate a business case for being inclusive and diverse in one's practice. Workshop Timeline 9:00 Introductions and housekeeping 9:30 Section A: Revenue analysis 10:00 Section A: Case Study: The Woodshed 10:30 Morning break 10:45 Section A: Case Study Conclusions: The Woodshed 11:15 Section B: Leverage 11:30 Section B: Leverage Examples 12:00 Lunch Break 1:00 Section B: Case Study: Do we hire an associate or a paralegal? 1:30 Section B: Case Study Conclusions: Do we hire an associate or a paralegal? 2:00 Section C: Partnership 2:15 Afternoon break 2:30 Putting it together: Case Study: Who do we invite to the partnership? 3:00 Putting it together: Case Study Conclusions: 3:30 Putting it together: Retention The Case for Inclusivity and Gender Balance 4:00 Summation and Goodbyes v Howe Street, Vancouver, BC Canada V6Z 2L2

5 Business of Law 201 Just try one... This post is the first of a two part series which explores some root causes of poor law firm human and financial health issues AND offers tips for law firm leaders to try, in order to improve the management of their firm. Here are the first 5 suggestions for law firm leaders to consider in order to improve the health of their profitability and management of human resources. (The full article is in her LinkedIN page.) 1. Reduce inefficiencies. (Business Process Improvement) Look at every single process in the firm s back office and find ways to eliminate redundant and wasteful steps. How many times does that document go back and forth between lawyer and assistant before the final product is ready? How many hands touch the same document? 2. Productize the offerings. Has the work been done before? Is this matter similar to the other matter? Can we create a check list or flow chart? A productized service is often created out of a service that you ve delivered before. Some matters require unique tasks, but every legal matter includes tasks that have been done before, usually many times before. Figure out which service offerings your firm produces profitably and effectively in a similar way each time. Document and design the workflow of the repeatable series of actions. Repeatability leads to improved profitability and improved quality by reducing variability. 3. Reduce the cost of goods sold (Legal Project Management). The way to productize your offerings is to embrace legal project management and process improvement. Develop techniques to identify and reduce inefficiencies. Whether in litigation or corporate transactions, there are repeatable steps that MUST be taken and other steps that may be considered helpful or necessary, but are not statistically relevant to risktaking clients. If all tasks in all matters are of high value to the client, then your realization rates would approach 100%. 4. Embrace strategic pricing. Create Value. Clients will care less about the mechanics of your invoice, whether you bill by the hour, by the word or offer flat fees based on a card trick, so long as the value delivered is commensurate with the price paid. These are better way to convey the work that you did steps to a truly value based billing that your client will embrace: 5. Invest in knowledge management. (KM) KM is an economic principle that what you ve done multiple times you can do more efficiently. If you want to learn more, consider these courses this September: A. Law Office Management 101, join veteran administrator Lisa Dawson and I for a full day on September 12, 2016 inperson. CPD: 7.0 including 7.0 for practice management and ethics. B. Trust Accounting 101, join LSBC audit team leaders Ms Adamek and Kaminski, and I for a full day course on September 27, 2016 in-person or by web. CPD:7.0 including 7.0 for practice management and ethics. C. Business of Law 201, join veteran administrator Lisa Dawson and I for a full day on September 14, 2016 in-person. CPD: 6.0 including 6.0 for practice management and ethics Howe Street, Vancouver, BC Canada V6Z 2L2

6 2 P E R S O N A L I N J U R Y S T U D I E S SCBC Judge Dillon Weighs in on Eligibility Rules on Total Temporary There I was reading Powell v ICBC, when Judge Dillon (who heard the case) walked in the door yesterday, looking relaxed (it must be those cool shades she had on). I managed to stand up and say to her what I was up to. She asked how I found out and I referred her to the article in the Province. She says: I better read what the newspaper says. Back to the Powell case, where ICBC was sued by Powell for refusing to give Total Temporary Disability TTD benefits to her. The judge having ruled on using Rule 9-7 summary trial as suitable in keeping the principle of proportionality in mind. Then she addressed the request of Powell who had sought to be allowed entitlement under s. 86(1) of the Regulation. Generally speaking, when an insured person with the Insurance Corporation of British Columbia has sustained injuries as a result of a motor vehicle accident, and they are totally disabled from working, they may eligible for disability benefits or TTDs. In class, I remind students that sometimes, when you have claimants (like Powell) who live from paychequeto-paycheque, having TTDs denied can be a serious problem. Judge Dillon agreed after deciding to rely on the two treating physicians of Powell. There are initial criteria for TTD s benefits that have to be met; however, the ruling will assist others who need to reinstate TTD s past the 2 year anniversary date. Recognizing that circumstances in the Powell case were unusual, ICBC spokesman Sam Corea in the Vancouver Sun said the corporation is still assessing the potential impacts of the ruling. It s important to understand we are obligated to follow the Insurance (Vehicle) Act. The legislation that applies to TTDs sets out different rules for calculating benefits if the claim extends for more than two years after a crash. These cases had to consider how that legislation applies to someone who is not disabled throughout the two-year period." Another issue I like to raise in class is the thinking behind simultaneously suing ICBC when there are Part 7 benefit issues. As a neutral observer, absent bad faith, I have always wondered why plaintiff firms would start an action. Absent bad faith, I have wondered how adjusters are impacted by such a move. How will a tort claim reflect on their relationship with the firm? On a file? (A claim by Powell that ICBC acted in bad faith, while not part of this trial, is still ongoing.) We will be discussing how Part 7 benefits can help those who are affected at the upcoming full day course on Part 7 Benefits 101 (P7B 101) on 19 Sep You may also attend in person or via web.! On This is Exhibit referred to in the affidavit of... sworn before me at... this... day of A Commissioner for taking Affidavits within British Columbia Exhibit Stamp self inking $55 Service of a true copy hereof admitted on this... day of Trial Paper Available in 2 sizes: Solicitor for... Service Stamp self inking $50 Barrister 8.5 * 11 $110 Judge 9.69 * $120 Judge s Binder 1 $40 Judge s Binder 2 $45 Printed in red & blue on premium archival paper, 500 sheets in a box Supple leather brief cases perfect for chambers, CPCs, TMCs or trials! B!

7 A TWO DAY COURSE: SEPTEMBER 22 AND 23, 2016 (9:00 AM TO 5:00 PM) Law Courts Center Civil Litigation 102 This two day program is designed for juniors to gain an understanding of the civil litigation process and its Rules. At the end of their studies, the attendees will be able to put the theory into practice and they will have the tools to successfully assist in a civil litigation file from start to finish. The explanations made a difference. It is easier to have someone with so much experience lay it all out rather than just reading the Rules. For junior lawyers, solos, paralegals and legal secretaries! COURSE PREREQUISITE There is pre-course work that will be assigned. COURSE REPORTING FOR CPD For those with CPD requirements, this course is 14.0 hours long with 1 hour devoted to ethics, professional responsibility, ethics, client care and relations. If you meet 70% of the course expectations, a Certificate of Completion is issued to you. LOCATION Law Courts Center CPD Room 840 Howe St #150 Vancouver BC INSTRUCTOR Yvonne Choi, Legal Assistant, Harris & Company LLP RESERVATIONS Please complete the form below and return to: Law Courts Center, Legal Education Program, Howe Street, Vancouver, BC V6Z 2L2. Make cheques payable to Law Courts Center. For more information please <dom@lawcourtscenter.com>, or call Let me show you how the different parts of civil litigation are connected! Course Fees: (course materials and GST included) - Single Seat $ Multi-seat & Accredited Group Rate (Amici Curiae) ` $ Please send me a copy of the manual only as I am not able to attend. $ Registration: Howe Street, Vancouver, BC Canada V6Z 2L B!

8 SCBC Re-defined the Jurisdiction of Its Masters SCBC Chief Justice Hinkson last May issued Practice Direction 50 Masters' Jurisdiction to take effect on May 15, Last July 21, 2015, I wrote about why the public posting for a Supreme Court of BC master is a good thing, in LinkedIN, because it allowed us to take a fresh peak at what a master does. In the SCBC, depending on the matter, court hearings may be held before a master or a judge. What masters can and cannot hear is now set out in Practice Direction PD-50 found on the court website. Judges can hear all court hearings, while masters are limited to applications and some final orders (i.e. certain types of judgments). There are 13 masters of the SCBC. They can hear most interlocutory (interim) matters, but they cannot give a final judgment. Another significant difference is unlike judges, masters cannot excercise inherent jurisdiction, they are spefically not allowed by Section 11(7) of the Supreme Court Act. Jurisdiction of Masters What is a master? The jurisdiction of masters are set out in SCBC Civil Rule The July 24, 2015 memo from the Supreme Court of BC provides a good summary: 1. A Master of the Supreme Court, subject to the limitations of Section 96 of the Constitution Act, 1867 has the same jurisdiction under any enactment or the Rules of Court as a Judge of the Court sitting in Chambers unless, in respect of any matter, the Chief Justice has given a direction that a Master shall not exercise that jurisdiction. 2. This position involves responsibility for judicial, quasijudicial and judicial administration matters; liaison with court administrators, members of the Bar and public; and procedural direction to Court registry staff. 3. A Master presides at and determines judicial hearings in Chambers relating to interlocutory and interim applications made in a proceeding in the court. 4. A Master presides at Trial Management, Case Planning, and Judicial Case Conferences. 5. A Master has all the jurisdiction of a Registrar of the Court, and in addition to his or her primary function can also preside at and conduct registrars hearings, inquiries, accountings, assessments, review of costs, and other matters imposed by statute or the Rules of Court upon a Registrar of the Court, or referred by a Judge or other Master of the Court. 6. A Master sits as a Registrar in Bankruptcy. To learn more about what our courts, judges and masters do, consider: - ordering BC Civil Litigation Guide; or - attending Civil Litigation 102 on September 22 and 23; or - attending Trial Preparation for Plaintiff Civil Firms on November 17.! Law Courts Center Howe Street, Vancouver BC Canada V6Z 2L B!

9 3 C I V I L L I T I G A T I O N Can Assessing Paralegals in Competency Alleviate Their Shortage? Alleviate the shortage? Perhaps not. But raise the standards? Likely. I have spent some time this summer visiting with sole practitioners and small firm administrators to seek their advice on what makes for a great recruitment agency. (Law Courts Center after 21 years of training staff, will begin recruitment services on October 1, 2016.) The talk invariably turned to the continued shortage of paralegals. Granted, paralegals are less likely to move during the summer season, the challenge is finding qualified paralegals who can fit with their unique firm culture. Ahh, how to determine who is qualified. And we are not talking about typing speeds. Wearer of many hats, sole practitioners and small firm administrators may not know the procedural aspects of a civil litigation paralegal, for example. Using the tests that Law Courts Center has been using in our CPD courses, candidates that we represent will be encouraged to get assessed. An assessment is an open book 2 hour exercise that is designed to show us how much a candidate knows. The results are shared with the client firms only. This will leave administrators more time to decide if the candidate will fit their unique firm culture. Also, many still say: newly-minted grads from paralegal schools know little and yet act as if they are so entitled. I am not sure if new hires from paralegal and LAA schools get a bad rap: that they have this sense of entitlement. Because there are only so many, again the supply issue, negotiating with them is not fun. Will assessments make a difference? Those who I have spoken to, seem to think so. We shall see!! Coming soon: bclawstaffrecruiting.com Dom Bautista is the executive director of Law Courts Center. SCBC Hearing Day Fees Resumed 8/1/16: Here s Why B! You still trying to sell this building Dom? I have lost track of the number of times members of the Vancouver Court Registry have teased me over the years as I have led many students thru their offices. (I am hosting another class on September 23/ ) It is a good chance to show where people queue up to file documents, to explain BC Civil Litigation Guide BC Civil Litigation Guide $ who works for whom. For example, the registry staff who work at the court house are part of the Ministry of Justice Court Services Branch; and judges, masters and registrars who work at the court house are part of the Supreme Court of BC. Confusing? You bet! Which leads me to today's subject: court hearing fees. The validity of hearing day fees was decided by the Supreme Court of Canada last October 2014 in the case: Trial Lawyers Association of British Columbia v. British Columbia (Attorney General), [2014] 3 SCR 31, 2014 SCC 59 (CanLII). Last July 22, 2016, the Ministry of Justice Court Services Branch posted its intent on reimposing hearing fees to civil matters but not to family matters as of August 1, The obvious question is why family only, when there are self-represented parties who have civil disputes too. I am indebted to the perspective provided to me by friends at the ministry. In a nutshell, the rational of the SCC decision was a primary concern with the impact of family law fees, reinstating civil court hearing day fees (which have not increased since 2010) alleviates that concern. There is the matter of constitutionality, which I will reserve for our class. Now does the SCBC have any say in this, after all the fees involve them? No. And for obvious reasons it can not and will not comment on the imposition and the collection of fees. But again, there is an exception, which I will reserve for the students. For more about how courts and other stakeholders, rules of court (including fees), you can order our BC Civil Litigation Guide (more about it here.) Or join us on September 23 & 24, 2016 in Vancouver.!

10 Law Courts Center Family Law Series 200 September 18 to October 22, 2016 Saturdays 5:30 to 1:30pm In-person or Webinar A four part series that covers preparing for a family trial when at least one party is self-represented from the discovery phase to finish in both the Provincial and Supreme Court of British Columbia. The seminars run from 10am to 1:30pm. Who should go: new to family law; or for non-family lawyers and staff. 1. Sep 24, SRL Relations and Document Discovery Tips and open discussion on how to build trust and rapport with the SRL. Learn how to communicate effectively with SRLs and help them get to a emotional state so they can best manage their file. Document Discovery aka Examinations for Discovery: Procedure, rules for objecting to questions, document requests and disclosure. 2 Oct 1, Alternate Dispute Resolution Explore the various alternative means of resolving a family law file out of court using JCCs, Mediation, Arbitration and Collaborative Law. Description of the procedure of each ADR mechanism and the pros and cons of each. 3 Oct 15, Trial Preparation Description of the procedure leading up to trial (Trial Management Conference, Trial Brief, Trial Record and Trial Certificate), checklist of tasks and considerations for the SRL preparing for trial, as well as description of trial procedure itself. 4 Oct 22, After Trial Discussion of the various issues that can arise after trial: Reasons for judgment, costs, appeals, revisiting the terms of a final order. CPD: 2.0 hours including 1.0 hour in client relations, ethics and professional responsibility. FEES: $750 (any materials will be provided electronically and taxes included) GST R REGISTER: PAYMENTS Please make the cheques payable to Law Courts Center and return to: Law Courts Center Howe Street, Vancouver, BC V6Z 2L2. For more information please <dom@lawcourtscenter.com>, or call v1609

11 4 P R A C T I C E M A N A G E M E N T Use of Social Media and Its Website Help to Protect the Public twitter account now has 3770 followers a healthy growth from April 2016 when it had 2876 followers. Today, it tweeted that if you wanted to learn more about its recent decisions on concluded disciplinary hearings, you can go here. So I did. On top of the list is the case of Mr Sahota who practices in Surrey, he was cited for his misappropriation of his clients' trust funds. You can download the decision to see how the hearing panel concluded that Mr Sahota had committed professional misconduct by misappropriating clients' monies. The panel recognized that the use of the word misappropriation is a very emotionally charged word; yet it found that it had no choice but to do so. Equally alarming, the panel in paragraph 66, described Mr Sahota, who broke so many trust accounting rules, as: On (dis)proportionality and A2J (continued from page 1) allow them to borrow books as well. The rules are generally: the applicant must appear in-person and present an ID with their name and address. When I explained to the librarians that the reason why the applicant may have not have a known address, they told me that they can exercise discretion and issue one anyway. I thought about how wonderful these access cards are. Apart from having an ID, battered women will be able to use the internet services to work on their forms in preparation for attending our clinics. A day later, a VPL community librarian phoned me to say that if necessary, they will go to the battered woman to issue her a card, if safety is a concern. It turns out that there are 3 community librarians, a 4th one is scheduled to open in Strathcona in 2017, right in the heart of our downtown eastside. (I of course love librarians and Amici Curiae is set to welcome law librarians into our tent shortly.) Last Saturday, I ended my remarks by saying that our disproportionate efforts to try and craft solutions allow our front line volunteers to share these with the battered women in advance. If these immaterial efforts will make for one less trip back to our clinics, it will be one less unnecessary hurdle for our clients.! Dom Bautista is the executive director of Amici Curiae. He is clearly guilty of negligence and gross incompetence in the conduct of the financial aspects of his practice. So comprehensively inept is he that it may not be appropriate to characterize his behaviour as negligent. Negligence suggests that there has been dereliction of a duty owed. That characterization requires there to be an understanding of an initial duty that is owed. Nothing in the evidence before us suggests that the Respondent was aware of the duty owed to clients in the financial administration of his practice. Unlike my previous posts on Ms Sas, QC, Mr Briner and Mr Penty, what makes Mr Sahota's case compelling is had done recently, which is to provide the public more details of his record, which is consistent with its mandate to protect the public. To learn more about trust accounting, law firm management, see page 1 for the schedule of Fall classes.! Dom Bautista is the executive director of Law Courts Center. Legal Education Trial Brief Preparation Legal Printing & Legal Supplies legalpresents.com B! Briefly! is intended to provide information on new developments in litigation and law practice management. For information, contact Dom Bautista at or at dom@lawcourtscenter.com Law Courts Center 840 Howe ST #150 Vancouver V6Z 2L2 Trust Accounting 101 Trust Accounting $

12 SCHEDULE FOR SEPTEMBER 27, 2016 (9:00 AM TO 5:00 PM) Law Courts Center Trust Accounting 101 From Fundamentals to Best Practices Learn about the Trust Regulation Department of the Law Society of BC and seven key concepts in trust accounting. You will also learn how to set up and operate trust accounts pursuant to the Legal Profession Act and Law Society of BC Rules. Finally, you will gain an understanding of the reporting requirements of the law society. Discover the best practices and tips from senior auditors of the Law Society of BC Trust Regulation Department. This 7 hour course focuses on professional responsibility, ethics, client care and relations. You have a choice between attending in-person or by webinar. A LOCATION Law Courts Center CPD Room Howe St, Vancouver BC V6Z2L2 INSTRUCTORS: KRISTA ADAMEK & TINA KAMINSKI Law Society of BC Trust Regulation Department Audit Team Leaders DOM BAUTISTA Law Courts Center Executive Director Registration: For lawyers, go to: Course Fees: (course materials and GST included) q Single In-Person Seat (TRA 101) $625 q Single Webinar Seat License (TRA 101w) $625 q Please send me a copy of the manual includes shipping and GST. $ B!

13 British Columbia Civil Litigation Guide DESK REFERENCE MANUAL VERSION 9.2 PLUS MATERIALS ON WORKING WITH SELF-REPRESENTED LITIGANTS Table of Contents (current to July 1, 2016) 1. Introduction 2. Systems (Administrative) 3. Small Claims Court 4. Service and Limitation Periods 5. Commencing a Proceeding 6. Discovery 7. Document Disclosure 8. Chabers Applications 9. Trial Preparation 10. Experts 11. Summary Trials 12. Fast Track Trials ABOUT THE AUTHORS 13. Case Planning Conferences 14. Trial Management Conferences 15. Settlement Considerations 16. Bill of Costs 17. Alternatives to Trial This manual is the result of a collaboration of efforts of senior paralegals including: Charlene Andrew, Kate Austin, Roxanne Fonagy, Dee Rogers Lenise Rouse, Pat Terlecki, and Nancy Vianello.Through their collective experience as paralegals, they have combined their knowhow to write the most complete and easy-to-understand procedural manual on civil litigation in British Columbia. Cheryl M. Stephens, LLB has provided substantive guidance, plain language advice, and editorial assistance. Managing Editor: Dom C. Bautista OUR GUARANTEE Please feel free to examine our BC Litigation Guide Desk Reference Manual for 14 days. If you The practice tips are not satisfied, just return the undamaged Litigation Guide. are so helpful. How to order your copy The cost of the BC Litigation Guide Desk Reference Manual is $500 plus GST and shipping. One copy of BC Civil Litigation Guide Desk Reference Manual $ Shipping $ GST ( ) $ Total $ q Yes, I agree to be invoiced annually for $ for the updating service. ( initial) Please complete the form below and return to: Law Courts Center 840 Howe Street, #150, Vancouver, BC Canada V6Z 2L2. Make cheques payable to Law Courts Center. For more information, write: dom@lawcourtscenter.com, or call: What our subscribers say about our manuals The manual is a very good reference tool. The checklists and flowcharts are extremely beneficial. MR / MS FIRM TEL FAX ADDRESS AREAS OF PRACTICE Law Courts Center Howe Street, Vancouver, BC Canada V6Z 2L B!

14 A Desk Reference Manual Designed in an Easy-to-Use Format! Written in plain language Organizing the Trial A focus on Self-Represented Litigants The most important thing to remember about preparing for trial is that you must be organized. Everything at a trial happens on a tight schedule from the moment you obtain a trial date until the day you collect your files to leave the courtroom. Preparation needs to be timely, efficient, and stress-free. More than any other part of the litigation process, trial preparation involves paperwork. You prepare books of documents and pleadings, briefs of argument Working with Self-Represented Litigants and case law, read-ins of examinations for discovery and interrogatories, lists of witnesses, exhibits, accounts, files, numbers, and tax returns. Once you have prepared the lists of documents, you will have to pull and prepare briefs of the More people are deciding to represent themselves in order to save on legal fees. listed documents. Working with self-represented litigants, who often do not have the years of education, knowledge of the system, and experience in the field of law, requires the adoption of many best practices. Any self-represented litigant may not understand that it is a conflict of interest for you to act for them, as well as your own client. Once it is clear that a party is acting on their own behalf, a letter should be sent confirming that you act only for your client, that you cannot provide the self-represented litigant with any legal advice whatsoever, and that you cannot assist them with their case. You may also wish to suggest that they seek independent legal advice so that they understand what their rights and obligations are. Flowcharts that include the authority Appendix L.2 Fast Track Litigation Flowchart You may wish to provide a self-represented litigant with some resource information, such as the address for the Supreme Court s website ( and suggest they refer to that site for assistance. The Justice Access Centre in Vancouver and Nanaimo (and soon in Victoria) provide free legal information through their Self Help and Information Services, and in some circumstances legal advice may be available. They may also be eligible for free legal advice through the Access Pro Bono Society of BC whose website Practice tips in every section Material facts are those facts which are essential to prove a cause of action or defence. The evidence to support those material facts should not be put in the pleadings. Material facts do not include law whether principles of common law or public statutes. Allegations of fact should be straight-forward, concise, specific, and clearly set out the material facts. Evidence, adjectives, opinions, and observations are not to be included in pleadings. Be attentive to the circumstances of the specific case and claim when using precedents and adapt the precedent to fit the specific case. Frivolous claims and allegations should never be included in pleadings because they confuse and clutter the issues, and deter one from reaching a swift and early conclusion to the true claims between the parties. Step Process Rule STEP 1 Issue Notice of Civil Claim pursuant to Rule 15-1, 15-1(1) & (2) The action must be for a value of $100,000 or less. Include the words Subject to Rule 15-1 under the style of proceedings Or Determine after initial pleadings have been issued that proceeding is appropriate for Rule File a Notice of Fast Track Action in Form 61. STEP 2 Within 35 days after the end of the pleading period 7-1(1) prepare and serve a list of documents and copies of all documents on all parties of record. Specially designed charts and flowcharts designed to make your work easier New Civil Rules Chambers Application Supplemental Flowchart 1. Applications taking more than 2 hours: - contact Supreme Court of BC Scheduling office and obtain available dates, - not mandatory but advisable - confer with opposing counsel as to their availability for the dates obtained from Scheduling office, and - when a date is decided upon, prepare your Notice of Application (Form 32) and proceed according to the flowchart. 2. Short Notice Applications: - prepare the main Notice of Application (Form 32) and Affidavit; - prepare the Requisition (Form 17) - file the original Requisition (Form 31), Notice of Application and Affidavit and proceed to chambers - proceed according to the order(s) made by the judge or master pursuant to Rule 8-5(4) with respect to notice/service of the application materials