Canadian Lawyer

w w w . C A N A D I A N L a w y e r m a g . c o m F e b r u A r y 2 0 1 5 7 C old calls are not unusual at Water- bury Newton. The Nova Scotia law firm, which has offices in Kentville and Berwick, is used to getting inquiries from people who have been referred to them, found their name in the phone book, or saw an ad in a local publication. Every call gets answered and every caller gets a free 30-minute consulta- tion. "It's part of being in a small town," says Trinda Ernst, a senior lawyer with Waterbury Newton. For the firm's 11 lawyers, handling those calls could be hectic and disrup- tive. It could also weigh more heavily on some lawyers, depending on who was free to take a call when one unexpectedly came in. Younger lawyers in the firm suggested a roster be created that would assign specific days to specific lawyers. "We call it 'duty counsel' internally," says Ernst, a past president of the Canadian Bar Association. The process works like this: The receptionist takes the caller's information and fills out an intake form, in large part to enable a conflict check to be conduct- ed. The lawyer on deck for the day will then either take the call right away or call back shortly. "It was a way to streamline consultations," notes Ernst, who initially did not schedule any meetings or outside appointments on her duty counsel days. When a lawyer answers or returns a call, they assess the caller's needs and whether they can help personally, whether the caller is best referred to another service, such as legal aid, or whether another lawyer in the firm is a better choice. A real estate issue, unless very basic, for example, will be referred to a lawyer practising in that area. "Most of the calls we get tend to be about family law," notes Ernst. "Most people appreciate that we've talked to them even if they don't like what we've had to say." A file is kept on all callers, and in some cases, an in-person appointment is made to discuss the issue further. "It could turn into a paying gig. It may be nothing," she says. It is, however, a good business model in a community where being accessible and helpful are important and often expected qualities. "We've always been approachable," says Ernst. "Kentville is a small community. This is also client development." The duty counsel process now in place fairly distributes the workload and reduces interruptions for lawyers. Those on call are prepared for the interruptions to their rou- tine. But efficiency aside, says Ernst, "it's kind of fun some days." — DonaLee MoULTon donalee@quantumcommunications.ca \ At L A N t I C \ C e N t r A L \ W e s t regIoNAL WrAp-up At L A N t I C Firm creates internal 'duty counsel' days WeeKLY PraCTICe TIPS For FaMILY LaWYerS F amily lawyers in Nova Scotia are getting a helping hand with their practice from the Nova Scotia Supreme Court Family Division. Justice Doug Campbell, who recently assumed supernumerary status after more than 15 years on the bench, is creating a weekly series of practice tips. The goal is twofold, Campbell told Canadian Lawyer. The initiative is intended to enhance access to justice by assisting self-represented litigants. It's also designed to provide guidance to lawyers. "It's a continuing legal education issue," says Campbell. To date, eight practice tips have been published running the gamut from introducing documentary exhibits in court to addressing a supreme court judge in family division to tax deductions versus tax credits. The more procedural elements may seem obvious and even unnecessary for members of the bar, but that appearance is deceptive. "These are not the types of issues you would find in a law school cur- riculum, nor should they be," says Campbell. "There is also very little opportunity for lawyers to learn the topics I'm discussing. They're highly specialized." He notes more and more family law is being practised in smaller firms where there may be fewer senior colleagues to ask questions of. "You learn that sort of thing at the coffee pot." Campbell points out in his inaugural practice tip, for example, a lawyer should not approach the court reporter, pass a document to them, and ask that it be marked as an exhibit, then before or after this request pass a different copy to the witness and inquire about it — often without any mention of an exhibit number. Accessibility is a cornerstone of the new educational initiative, suggested and endorsed by Justice Lawrence O'Neil, the associate chief justice of the N.S. Supreme Court Family Division. At least one issue of Family Law Practice Tips is posted every Friday to the court web site and is highlighted in the weekly e-bulletin, InForum, from the Nova Scotia Barristers' Society. Notices of new tip sheets are sent via Twitter. Now other organizations such as Nova Scotia Legal Aid and the Legal Information Society of Nova Scotia are putting links online. "The electronic solution opened up a whole world of possibilities," says Campbell. They are possibilities that, for now at least, have only been realized in Nova Scotia. — DM Check out Justice Doug Campbell's family law practice tips here: courts.ns.ca/Bar_Information/ bar_home.htm#FamLawTips

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