Canadian Lawyer

August 2018

The most widely read magazine for Canadian lawyers

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w w w . C A N A D I A N L a w y e r m a g . c o m A U G U S T 2 0 1 8 7 F or lawyers looking to hang out their shingle in Nova Scotia, the process has become longer, more involved and, according to the Nova Scotia Barristers' Society, much better. Until this year, establishing a new firm in the province required only that lawyers comply with the society's trust account rules. However, new regulations under the Legal Profession Act introduced a significant development this year: Now, all new law firms in Nova Scotia must be reg- istered before practising law and delivering legal services. Under the new requirements, the firm's designated lawyer engages in a six- to eight-week process of meetings and discussions about the nature of their practice, their business structure and management system, relevant practice standards and regulatory obligations, including such critical issues as trust accounts and client identification. "It's very much a hands-on process. We have a team that meets with lawyers," says NSBS executive director Tilly Pillay. These conversations allow the society to help ensure new firms have an effec- tive management system for ethical legal practice in place and appreciate the com- plexities of running a law firm and their regulatory obligations. "Lawyers don't learn this in law school," notes Pillay. To date, 17 law firms have received approval in 2017 to open their doors to clients, a number in keeping with previous years. The difference is with process, not demand. "It's a sharing of information and the start of a conversation we hope will continue," says Pillay. Most of the new firms are small and many are carving out niche markets, which the NSBS welcomes. "That's something we're trying to support and encourage," says Pillay. "It's about innovation." The new firm registration process is the latest step in the regulator's move to a model that emphasizes support, not punishment, she notes, and what better place to start offering that support than at the outset of a firm's business. "Instead of getting someone mid-practice, we want to connect with lawyers from cradle to grave. This is the birth." Pillay believes that by becoming part of the way lawyers do business and offering support for their practice, lawyers will be less hesitant to reach out to the bar soci- ety when problems arise, when they have questions or when they have ideas to share. The next phase in the society's shift to a new regulatory model will involve touching base with law firms already up and running in the province. This will be followed by the next logical stage: reaching out to firms winding down and helping firms prepare for this. There is a financial incentive for the latter, notes Pillay. "On average, it costs $60,000 for a custodian if someone is needed to step in to close a firm." — DONALEE MOULTON REGIONAL WRAP-UP AT L A N T I C \ AT L A N T I C \ C E N T R A L \ P R A I R I E S \ W E S T New process for law firms setting up in Nova Scotia L E T T E R T O T H E E D I T O R Re: Workplace Issue JUNE/JULY 2018 I was disappointed on the laziness of your magazine with respect to its "The Workplace Issue." I found the cover art and the "Managing #MeToo" article to be anti-male and full of lazy general- izations that paint (literally) males as creepy, predatory, soft-willed louses. Your cover art contains 24 males and 19 females. Of the 19 females, all seem to be engaged in proper workplace conduct and a number of them seem to be in supervisory roles. Of the 24 males, nine seem to be engaged in sloppy work habits or sexually inappropriate workplace behaviour. The art on page 20 also sug- gests that men are the problem and women are the victim. A braver magazine would have made the art gender neutral. I find the depiction of males insulting and unfair. I work in a law firm that has a great policy with great respect for all involved. Rather than focus on bad behaviour that can hap- pen from any person, your magazine makes it pretty clear who the villains in your story are: men. I am not surprised, but I am disappointed. I challenge your magazine to correct this bias in a future edition. — JEFFREY FIXSEN, DUNCAN CRAIG LLP

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