The most widely read magazine for Canadian lawyers
Issue link: https://digital.canadianlawyermag.com/i/486523
w w w . C A N A D I A N L a w y e r m a g . c o m A p r I L 2 0 1 5 11 \ 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 rEgIoNAL WrAp-up k ristin Dangerfield, the new CEO of the Law Society of Manitoba says sometimes she wishes she had a magic wand but "sadly" that did not come with the job. Dangerfield and the LSM, like law societies across the country, are juggling a lot of issues. Sitting in her downtown Winnipeg office, just a block away from the courthouse, she men- tions some of the most pressing. They include access to justice, especially for middle income people who cannot qualify for legal aid. Then there are alternatives to hourly billing; the unbundling of legal services; the role of paralegals; technological change; lawyers partnering with non-legal professionals; and the limited reach of legal aid, even for the very poor. Dangerfield says, "85 per cent of people with legal problems are unable to retain counsel. A significant amount of legal need goes unmet." She points to what she calls "the growing . . . sense that something has to be done." Evidence of at least a willing- ness to look at change can be found in the fact the Law Society of Manitoba together with the law societies of Saskatchewan, and Alberta are examining alternative business structures for lawyers. "We have been actively meeting and hope to have a joint report before the summer." Dangerfield has been deeply involved with the law society for much of her working life. She started in 1998 after 15 years in private practice. Initially she was its general counsel and since 2002 was senior general counsel. One of her jobs was prosecuting disciplinary matters. "People generally felt I'd deal with them in a fair and open manner" but she remembers whenever she left a message she "always got very quick call backs." But as Dangerfield notes it can be "difficult work." One of the major disciplinary challenges for the law society and for Dangerfield, was handling matters surrounding the Lori Douglas case. In 2011 Douglas, the associate chief justice of the Manitoba Court of Queen's Bench, who agreed last year to step down in may, became the focus of an acrimonious and never-completed Canadian Judicial Council inquiry. It was sparked by allegations that her now deceased husband, lawyer Jack King, provided sexu- ally explicit pictures of Douglas to one of his former clients. Pictures that were posted online. As early as 2003, the society became aware of at least some of the allegations. It subsequently faced criticism for failing to make public the results of its investigations, though no direct disciplin- ary action was ever taken against King. In 2010, Dangerfield defended the society's discreet handling of the matter telling the CBC: "There are a number of ways that the law society can pro- tect the public, and [a disciplinary hearing] is only one of them." Professional disciplinary hearings are now primarily some- one else's job and it is no longer professional discipline that preoccupies Dangerfield. These days she is concerned more about the future of lawyering and the persistent issues of access to justice. She has a track record of taking a broader regional or national perspective, having been active in examining regulatory issues with the Canadian Bar Association and currently serves on the Federation of Law Societies standing committee on the Model Code of Professional Conduct. Dangerfield replaced long-time law society CEO Allan Fineblit, who has returned to private practice at Thompson Dorfman Sweatman, the firm where Dangerfield once worked. She credits Fineblit with making "the LSM a leader in professional regulation" and she wants "to ensure that will continue." Among her notable career moments, Dangerfield can claim a role in Canadian legal history. As a very young lawyer she switched firms in Winnipeg, and in doing so she went from a firm acting on one side of a dispute to a firm acting for the other side. The resulting case, MacDonald Estate v. Martin, went to the Supreme Court of Canada in 1990 and remains among the lead- ing cases on the issue of conflict of interest. However, these days Dangerfield isn't looking back so much as looking to the future, a future in which she believes change in the legal profession is inevitable. — Geoff ellwand writerlaw@gmail.com New Manitoba law society CEO sees change gathering momentum p r A I r I E s brand new courthouse for the Superior Court in Toronto, but they always like to see one in places like Barrie," says one senior counsel who spoke on condition of anonymity. "It's all about politics." Although Crawley noted the ministry "continues to review facilities requirements and respond appropriately," Harrison takes no comfort in the government's assurances. It's not clear, however, how widespread Harrison's senti- ments are. Some litigators say physical facilities shouldn't be the government's priority. "The facilities are not the most beautiful but they function, and I don't think we should be complaining about their quality," says Dimitri Lascaris, a class actions lawyer at Siskinds LLP in London, Ont. "There's a much greater need for judges, clerks, and other resources than for spending mil- lions on a courthouse in Toronto." Cynics may point out that Lascaris is from London but Siskinds is also one of the most prominent class action firms in the country and its lawyers spend a great deal of time in Toronto courts. — Julius Melnitzer