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LAW OFFICE MANAGEMENT Duncan Gosnell, executive vice presi- dent and secretary of LawPRO, sees the matter in a different light. "It is not a par- ticularly large risk area at all. It is a good thing to have another person involved in a file or taking on leg of a file. Ideally the person is experienced and skilled in that area of expertise. There is a recog- nition that it takes time for someone to acquaint themselves with a file and get up to speed, but a second set of eyes can see something that is being overlooked. I think lawyers are very diligent in how they approach things on behalf of the cli- ent and themselves. I'm very optimistic. I don't see exposure." The locum registry web sites make a point that hiring law firms must do their own due diligence. "If they want to take a break, they need confidence in the lawyer replacing them," says Conway. "We will do the usual checks on disci- plinary history but there needs to be a discussion between the locum and the person who wants a locum." There can be an advantage to finding locums through an agency. "The best locums have a good reputation and references from their employment for the last two or three years that allow a hiring firm to do its research," says Miller. In the event something does go wrong, hiring firms and locums should always make sure their insurance cov- erage is appropriate for the situation. "People should realize that as the locum is standing in for another person, they are really working in a replacement capacity and are considered to be a member of the firm," says Gosnell. "That's how they are viewed by the clients and others. Lawyers must con- sider coverage and options in that light. Innocent party coverage should reflect that the locum is working as a member of a firm." If the locum is maintaining insur- ance coverage for his or her own practice and does some locum work, the insurance will still be valid but it is important that locums turn their minds to whether their coverage is consistent with the work they will be doing. "If the locum work changes the size of the practice, or if it had previ- ously been restricted to criminal and/or Martins Annual 2010 (CL 1-2is).indd 1 immigration law where there is a dis- count, there has to be an adjustment to the policy," advises Gosnell. "Similarly, if the locum will now be doing real estate practice, it is important that the policy coverage reflects that." Gosnell notes that there may also be a problem with excess insurance. "LawPRO automatically extends cover- age to a locum under the practice of a hiring firm, but there is no standard excess policy coverage wording out there in the insurance industry. It is important that the locum and the law firm obtain confirmation from the excess insurer that the firm is covered. They should also find out whether the locum is cov- ered individually." And after all that checking, it may be time to throw caution to the wind and welcome a new wave of lawyers riding to the short-term rescue. Martin's Annual Criminal Code, 2010 Edition Includes the full text of Martin's Annual Criminal Code, 2010 Edition Tried, trusted and true Still the number one choice for judges and practitioners. Fully annotated by two of Canada's most respected criminal law experts, Martin's continues to deliver the best value with the highest quality content. Martin's references 4,988 reported and unreported cases in a practical and accessible format. Valuable features include: • all Acts fully annotated with more significant cases analyzed than any other annotated • balanced analysis from a renowned lawyer and respected judge • FREE legislative updates for standing order subscribers • practical and easy-to-use format regularly referred to in court by judges and lawyers • forms of charges for the and the , as well as an Offence Grid — unique to Martin's • concordance with recent amendments • New! The CD-ROM contains the full text of Martin's Annual Criminal Code, 2010 Edition with search templates, links from legislation to commentary, links to forms and cases, Microsoft Word™ fillable forms, and an Index to Forms for the • e-notes – e-mailed to you directly with updates containing legislative changes as they become available (for standing order subscribers) Also available electronically on Criminal Spectrum Hardbound & CD-ROM • 2,374 pp. • Published August each year • Standing order $91 P/C 0635140000 • Current edition only $96 • P/C 0635010000 • ISSN 0527-7892 For a 30-day, no-risk evaluation call: 1.800.263.2037 Canada Law Book is a Division of The Cartwright Group Ltd. Prices subject to change without notice, to applicable taxes and shipping & handling. CL0809 www. C ANADIAN Law ye rmag.com A UGUST 2009 17 7/8/09 3:10:19 PM Edward L. Greenspan and The Honourable Justice Marc Rosenberg, Court of Appeal for Ontario W ith annotations by Controlled Drugs and Criminal Code Substances Act Criminal Code Criminal Code