By Barb Pacholik, Leader-Post June 27, 2012 1:01 PM
REGINA — Well-known Regina lawyer Tony Merchant has been ordered suspended from practice for three months by a disciplinary committee of the Law Society of Saskatchewan.
Category Archives: News Items
National Admission Standards Project
May 9, 2012
For Immediate Release
On May 9, 2012, the Federation of Law Societies of Canada will be inviting new lawyers and Quebec notaries to participate in a large scale survey on the knowledge, skills and abilities needed to ensure that new members of the profession are competent to practise law. The survey will test the validity of a draft competency profile, a key element of an initiative undertaken on behalf of Canada’s law societies to establish national standards for admission to the legal profession. Continue reading
B.C. lawyer fined $1,500 for outburst at Ontario colleague
Written by Michael McKiernan
Posted Date: January 18, 2012
A B.C. lawyer who launched a verbal attack on an Ontario counterpart for sending demand letters to the parents of alleged shoplifters has been fined $1,500 for his outburst by the Law Society of British Columbia.
Gerry Laarakker, a sole practitioner in Vernon, B.C., went on the offensive after a client came to him with a $500 demand letter from Toronto lawyer Patrick Martin, writing on behalf of the Hudson’s Bay Co.
For the full article, click HERE.
Professor Alice Woolley, University of Calgary, posted an excellent discussion of the ethical issues raised by the case to ABLawg on November 3, 2011, titled “Lawyers regulating lawyers?”
Decision Considered: Law Society of British Columbia v Laarakker Law Society of British Columbia Disciplinary Hearing Reports, September 21, 2011
Introduction
A disciplinary decision by the Law Society of British Columbia does not fall within the usual mandate of ABlawg. It is not an Alberta decision, nor even a judicial one, and has no direct precedential significance for Alberta lawyers or courts. The decision warrants comment, however, because the threat it creates to the legitimacy of lawyer self-regulation applies to all Canadian law societies. Specifically, the misdirection in regulatory energy reflected by the decision of the Law Society of British Columbia in this case is something to which all Canadian law societies have shown themselves to be susceptible.
For the full discussion, click HERE.
Businessman files complaint about judge
From the Ottawa Citizen online: Don Powell alleges Federal Court justice had undisclosed conflict of interest, should have recused himself
By Don Butler, Ottawa Citizen December 4, 2011
An Ottawa businessman who sued the federal government after his company lost a $428-million contract has filed a complaint with the Canadian Judicial Council against the Federal Court judge who dismissed the lawsuit in September.
The complaint, made in October by Don Powell, president of TPG Technology, alleges that Justice David Near had an undisclosed conflict of interest and should have recused himself from the case, adding: “The facts in this case may be unprecedented in Canadian history.”
For the full story found on the Ottawa Citizen website, click HERE.
Plagiarizing B.C. judge prompts new trial
From the CBC news website
osted: Apr 14, 2011 5:05 PM PT Last Updated: Apr 14, 2011 5:25 PM PT
A B.C. woman who was awarded millions of dollars to help care for her brain-damaged son will have to go back to court to try to get the money because the judge in the lawsuit plagiarized most of his decision, a higher court has ruled.
For the full story, click HERE.
Selling pieces of law firms to investors
From: The New York Times
By JOHN ELIGON
Published: October 28, 2011
Imagine an afternoon trip to a Wal-Mart: You pick up socks, a flat-screen television and a microwave meal. After checking out, you stop in the photo studio at the front of the store for a family portrait, and then shift one booth over to a lawyer, who drafts your will or real estate contract.
For the rest of the story, click HERE.
Regulatory Issues in a Global Context
From The ABA Law Journal
Despite Globalization, Lawyers Find New Barriers to Practicing Abroad
Posted Nov 1, 2011 4:19 AM CST
By Anna Stolley Persky
For the full article, click HERE.
CHANGES ON THE WAY
The Ethics 20/20 Commission already has signaled its intention to recommend amendments to the ABA Model Rules of Professional Conduct that would make it easier for lawyers from foreign countries to practice in U.S. jurisdictions, at least temporarily.
At the same time, however, the commission has indicated that, while it is considering the possibility of recommending some form of law firm operating structure that would involve nonlawyers, it does not intend to recommend that outside investment in law firms be permitted. The commission was expected to issue an initial draft recommendation on alternative business structures before the end of this year.
News: Judge reproduces submissions as decision
Ian Mulgrew, Postmedia News · Apr. 15, 2011 | Last Updated: Apr. 15, 2011 4:16 AM ET
VANCOUVER . A new trial has been ordered and a $5-million judgment thrown out after the B.C. Court of Appeal ruled that a judge had plagiarized most of his ruling in a trial involving a brain-damaged baby and a B.C. hospital.
In a decision released Thursday, the appeal court said it is only the fourth time in Canadian history a judge has substantially reproduced all of the submissions of a participating party in a lawsuit as reasons for judgment.
For the full article in the National Post, click HERE.
Quebec lawyers’ disciplinary body under attack
Quebec lawyers’ disciplinary body under attack
By Jan Ravensbergen, THE GAZETTE March 31, 2011 7:53 AM
MONTREAL – The Barreau du Québec is grappling with such a serious backlog in processing complaints and disciplinary procedures against its lawyer members that it doesn’t appear to have a firm grip on the average length of time it takes to resolve a disciplinary matter – which can often prove a years-long odyssey.
The Gazette has learned both the Office des professions and the Quebec ombudsman’s office have been probing and prodding the Barreau over its delays.
To read the entire article in the Gazette, click HERE
Dispute Resolution and Professionalism at U of Ottawa
At the University of Ottawa’s Faculty of Law, Common Law Section, students may elect to complete an option in various areas: (1) International Law; (2) Law and Technology; (3) Social Justice and (4) Environmental Law.
This month the University Senate approved the creation of a new option in Dispute Resolution and Professionalism. Information on this option is available here http://www.commonlaw.uottawa.ca/en/programs/dispute-resolution-and-professionalism/dispute-resolution-and-professionalism.html
Kudos to professors Ellen Zweibel and Marina Pavlovic who were the driving forces behind the creation of this option.
Canadian Association for Legal Ethics / Association canadienne pour l’éthique juridique 