CALE Awards

CALE is pleased to announce the establishment of two new awards to be given out by the Canadian Association for Legal Ethics.

CALE Best Paper Award

This is an award for the best paper in the field of legal ethics and professionalism by an emerging scholar who is a member of CALE.

An emerging scholar is one who is not a tenured professor and who has not been employed or professionally active in the field of legal ethics for more than eight years. Any issue as to whether a member is an emerging scholar is resolved by the Corporate Secretary.

To be eligible, the paper must have been written no earlier than one year before the call for submissions.

It is anticipated, but not required, that applicants will arrange to present their papers at the CALE annual conference. The award will be announced, and if possible presented, at the conference. Applicants will also have the opportunity to publish their paper in the Canadian Bar Review (subject to final approval by the Canadian Bar Review’s editors).

The selection committee is comprised of three people chosen by the Board of Directors. Papers will be assessed based on their originality, the thoroughness of their research and analysis, and the extent to which they advance thinking on topics of importance in the field, nationally or internationally. It is possible that in any year no award is made or that more than one award is made.

Any additional form of the award, beyond the recognition itself, is to be determined by the Board of Directors.

Scholars who wish to have their paper considered for this award CALE should submit an anonymized version of the paper to assistant Chantal Pegg (pegg@ucalgary.ca) by September 30, 2017.

 CALE Lifetime Achievement Award

This is an award to recognize sustained accomplishments in the field of legal ethics and professionalism by a member of CALE.

Each year CALE will call for nominations, on a prescribed form and with supporting letters, by a specific date. The process is administered by the Corporate Secretary.

The award will be announced, and if possible presented, at the CALE annual conference.

The selection committee is comprised of three people chosen by the Board of Directors. It is possible that in any year no award is made or that more than one award is made.

Any issue as to whether a nominee is or has been a member is resolved by the Corporate Secretary.

Any additional form of the award, beyond the recognition itself, is to be determined by the Board of Directors.

The application form to nominate someone for this award can be found here: CALE Lifetime Achievement Award Nomination Form.  Completed forms should be submitted to Stephen Pitel (spitel@UWO.CA) by September 30, 2017.

CALE Annual Conference 2017

The Schulich School of Law, Dalhousie University, is pleased to announce that it will be hosting the annual meeting of the Canadian Association for Legal Ethics from Thursday 26 October – Saturday 28 October.

As usual, there will be a mix of panels on research, regulatory initiatives and teaching. Also, this year the meeting overlaps with the annual Wickwire Lecture on Ethics and Professionalism. This will be a panel discussion on “Ethics and Professionalism in the Practice of Aboriginal and Indigenous Law” and will feature Geoffrey Bickert (Department of Justice), Jeff Hewitt (U Windsor), Naiomi Metallic (Dalhousie) and Pooja Parmar (U Victoria).

Please mark the dates in your calendar, and book your flights for the East Coast!

The Incarcerated Complainant: Submissions to the Minister of Justice

CALE President Alice Woolley has prepared and sent a letter to Alberta Justice Minister Kathleen Ganley, Chief Judge Terence Matchett of the Alberta Provincial Court and to the Law Society of Alberta concerning the conduct of Crown counsel, duty counsel and the judge in the preliminary inquiry into the matter of R v Blanchard, 2016 ABQB 706 (CanLII).

Additional commentary on this case from Professor Woolley can be found here.

New scholarship: Professionalism and Ethics in Family Law: The Other 90%

New scholarship to check out from CALE member Deanne Sowter! Here is the abstract:

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2919659

Abstract

When family lawyers and lawyer-mediators are working towards settlement, ethical quandaries present themselves on a daily basis. What process should a client use? What information should be disclosed to the other side? What types of conversations should a lawyer have with their client? Imbedded in each decision the professional makes are ethical elements. Innovation in alternative dispute resolution (“ADR”) processes have created new environments for lawyers to navigate and to adapt to in their individual understanding of practicing well. As a result, many family lawyers are working in the shadows of litigation, or separate from it entirely as in the field of collaborative family law. ADR processes are often unregulated and fall outside of the scope of procedural rules. The goal of the research presented in this paper is to look at the following three sources that serve as guidance for family law lawyers and mediators when dealing with ethical challenges in ADR: existing academic research, mandatory codes of conduct and voluntary professional standards, and ethics in practice through empirical research. This paper seeks to contribute to the discussion about ethics and professionalism in innovative processes, and in particular what it means to behave ethically in family law ADR, by presenting empirical research gathered through round-table discussions with mediators, collaborative lawyers, and settlement-focused negotiators.

OBA Foundation Chief Justice of Ontario Fellowships

As noted on the OBA Foundation’s website:

“OBA Foundation Chief Justice of Ontario Fellowships

The OBA Foundation administers and funds The OBA Foundation Chief Justice of Ontario Fellowships in Legal Ethics and Professionalism (the “Fellowships”).

Call for Applications for 2017-18

The OBA Foundation is now accepting applications for the two Fellowships for the 2017-18 year.

The details of the Fellowships are contained in the Fellowship Terms 2017-18. The deadline for applications is Monday, July 3, 2017.

As the Fellowship Terms indicate, the Fellowship in Research is open to full-time faculty teaching at a Canadian university or college, and the Fellowship in Studies is open to all OBA members who do not otherwise qualify for the fellowship open to full-time faculty.

Applications are to be submitted by e-mail, in PDF or Word format, simultaneously to Anton Katz at anton@amklaw.ca and Valerie Dallas at vdallas@oba.org.

Yours truly,

Anton M. Katz, Trustee
OBA Foundation

February 10, 2017″

 

 

Law Society sets referral fee cap and approves transparency measures

The Law Society of Upper Canada has passed new measures relating to referral fees. As reported by the Law Society:

“Convocation approved a cap for referral fees based on a percentage of the legal fee:  15% for the first $50,000 of legal fees and 5% of all legal fees thereafter, to an absolute cap of $25,000.

Related measures to increase the transparency of referral fee arrangements were also approved. These include:

  • The client, the referring lawyer or paralegal and the lawyer or paralegal accepting the referral must sign a standard referral agreement, as provided by the Law Society.
  • The account to the client must clearly indicate the amount of the referral fee.
  • The client must sign an acknowledgement for the referral payment at the time the payment is made.
  • Lawyers and paralegals must record referral fees paid and received in their books and records and report on referral fee practices in the annual reports they submit to the Law Society.

Convocation also approved:

  • Prohibiting up-front referral fees.
  • Continuing to prohibit paid referrals when the referring licensee has a conflict of interest.
  • Prohibiting the payment of referral fees to licensees whose licenses were suspended at the time of referral.

The requirements do not apply to enforceable referral agreements entered into prior to April 27, 2017.

The cap and additional regulatory measures were recommended by the Law Society’s Professional Regulation Committee and the Advertising and Fee Arrangements Issues Working Group to address concerns that certain fee arrangement practices may be misleading or detrimental to clients. Convocation voted in principle to implement a cap and to further regulate referral fees at its meeting in February.

The Working Group continues to consider related issues including advertising and fees in real estate and contingency fees.