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WEST LOOKING FOR ALTERNATIVES damental shift in the way legal services are provided. Called alternative busi- ness structures, they include online or virtual law firms, multidisciplin- ary professional firms, firms funded by non-lawyer equity (private equity investment firms), and even super- markets and banks. At the Jan. 27 and 28 Alberta branch E of the Canadian Bar Association's annual conference in Edmonton, the Law Society of Alberta will host a plenary session on ABS. It will explore how innovative law firms in Alberta and other jurisdictions are entering new markets, leveraging technology, and inventing new ways of doing busi- ness while managing costs and keep- ing clients happy. "While legal services continue to be delivered in traditional law firm formats, there is a growing trend towards delivering legal services through other business models," says LSA president Rod Jerke. An example of an ABS is virtual law firm Heritage Law in Vancouver. It delivers services to clients entirely online through a secure web-based portal with a centralized brand, admin- istration, and management. Individual lawyers primarily work from home but do meet with clients in person in traditional office space as required. "We received permission from the Law Society of B.C. to practise online in January 2010. Although we are not currently accepting online clients at this time until further regulatory direc- tives are forthcoming, our online legal services are directed toward moderate- income clients who struggle to afford traditional legal services," says Heritage Law's Nicole Garton-Jones. merging global business oppor- tunities and advancements in technology have created a fun- She says many of Heritage Law's lawyers are working mothers who work flex hours from home. "Heritage Law is paperless and we utilize prac- tice management software to centrally manage billing, time tracking, matter information, contacts, appointments, documents, and document assembly. We also have a VoIP phone system which allows our staff, many who are located in different locations, to use the same phone line and system." Abroad, the United Kingdom's Legal Services Act of 2007 will create one of the world's most liberal legal markets in England and Wales. The legislation was enacted to "encour- age more effective competition and [to allow firms] to provide a range of legal services to consumers, increas- ing access to justice." The "Tesco Law," named after a grocery store chain, came into effect in 2010. The first stage allowed for non-lawyers to buy up to a 25-per-cent stake in a law firm. The second stage, expected to be imple- mented this year, will allow law firms to reorganize their structures, selling shares, merging with other businesses that offer different services (such as grocery stores like Tesco), and possibly listing on the stock exchange. The purpose of the law is to create a more open and liberal legal market with more options for consumers. "The LSA is very interested in ABS because, as a regulator and self-govern- ing association of the legal profession in the province, the society is interested in promoting increased access to com- petent legal services to all persons in Alberta. And by developing and using new ABS models, we can achieve that goal," says Jerke. — DIANE L.M. COOK dianecook@shaw.ca Family law changes in Alberta I nfertility is a real barrier to many Albertans who wish to create a family. In Canada, there is an estimated infertility rate of between seven to 8.5 per cent. This roughly translates into approxi- mately 25,000 Alberta couples who have difficulty conceiving the old-fashioned way. However, medical advances in assisted human reproductive technology have created new opportunities for infertile couples to become parents. The demand for this type of technology is expected to increase as more couples seek infertility services. This has sometimes made it difficult to assess the parentage of children born through this new tech- nology within Alberta's existing family law statutes. But changes to the law are addressing this concern. Scot Menzies, a member of the Canadian Bar Association Alberta branch's family law section, says: "From my review, Bill 22 is not so much of an 'overhaul' of the existing legislation, but it does appear to have rather profound effect on the provisions it targets." The amendments to Alberta's family law statutes, passed Nov. 25, make it easier to establish the parentage of children born through assisted human reproduction and make the process for obtaining and enforcing support orders easier. Bill 22, the Family Law Statutes Amendment Act, incorporates amendments to three statutes. Changes to the Family Law Act will update it regard- ing parentage of children born using assisted human reproduction to ensure certainty about the status of their legal parents; abolish the status of illegitimacy; and clarify that, with an exception involving serious violence, parents are the guardians of their children if they have shown the intention to assume responsibility for them. "While the current act is not always 'fair' in terms of how it treats each parent with respect to guardianship, there was, at least, some certainty around designating a child's guard- ian by operation of the statute. It appears that certainty does not survive Bill 22," says Menzies. Amendments to the Maintenance Enforcement Act will enhance administrative fairness and increase efficiencies and regularity of payment by increasing the maintenance enforcement program's ability to locate all clients; equally enforce outstanding funds owed by all clients; and address contact information requirements for those registered with the program and employment information for debtors. Interjurisdictional Support Orders Act updates allow parties in different jurisdictions to get and vary mainte- nance orders more quickly and easily. This would make interjurisdictional orders easier to enforce. The definition of a support order would be expanded to include admin- istrative child-support recalculation decisions. — DC www.CANADIAN Lawyermag.com JAN UARY 2011 11