Canadian Lawyer

January 2010

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this," says Morgan. "It's unusual." Not that unusual, says NSBS execu- tive director Darrel Pink. "The Nova Scotia Barristers' Society has had several cases in the last number of years where practising lawyers have been charged for their intemperate comments on the judiciary." Morgan, who was called to the bar in 1993, was responding to a Supreme Court of Nova Scotia decision regarding the constitutional right to equalization payments that did not go in the muni- cipality's favour. In an interview with CBC Radio last year, he said judges were "part of the political structures that are endemic in the province of Nova Scotia." He then went on to note that all justices CENTRAL Marchand Melançon is born Lapointe Rosenstein Rosenstein Marchand Melançon LLP took place less than three months ear- lier when established mid-size firms Lapointe Rosenstein LLP and Marchand Melançon Forget LLP announced an agreement to merge. "This is an historic moment for our A firms," said Bruno Floriani, chairman of Lapointe Rosenstein's executive com- mittee, last October. "This merger will enable us to enhance our position in Quebec's French-speaking market. The tradition of excellence and diversity in the services provided by Marchand Melançon Forget will give us an oppor- tunity to provide services in areas or sectors where we had been less visible and to increase the depth of our current range of services." new Montreal-based major region- al law firm was born Jan. 1. The conception of Lapointe Paul Melançon, managing partner of Marchand Melançon Forget, called Lapointe Rosenstein "a valued partner because of its complementary areas of practice and the firm's very strong reputation. This merger will enable us to provide a broader range of services to our clients and will add to our firm's growth in the business law and insur- ance sectors." With nearly 90 lawyers specializing in the areas of business law, insurance, banking, environment, bankruptcy and insolvency, taxation, franchising, licensing and technology, real estate, international issues, civil and commer- cial litigation, class actions, intellectual property, transportation, and labour, Melançon and Floriani noted they've become one of the province's largest independent law firms. They said the excellence of their merged firm's services, team of profes- sionals, entrepreneurial spirit, multi- culturalism, and international network will make it a law firm of choice for growing medium- and large-sized busi- nesses, and for insurance clients. Both firms realized last year how well they complemented one another and decided there was room in the market for a mid-size firm that can offer better rates than some of the national firms and at a comparable level of service. Marchand Melançon Forget, which more than doubled in size to 40 lawyers over the past five years, was founded by a series of alliances of lawyers in the early 1950s while Lapointe Rosenstein began as a business law firm in 1966. — MIKE KING mking@videotron.ca www. C ANADIAN Law ye rmag.com J A NU A R Y 2010 7 in the province are political appointees and "this justice in particular had ties to the Conservative party." Morgan, who represented himself at the hearing, contends he is not only expected to speak "colourfully" as mayor but that he actually has an obligation to speak out when an issue affects his com- munity. Silencing members of public office, he believes, is a slippery slope. "It may be that [the NSBS] doesn't think there is a problem now, so it's OK to shut me up," Morgan says. But what, he asks, will happen if the society doesn't like someone else in the future — and that person is right in the issues they raise? "The question is what jeop- ardy arises if [the society] is successful? It's a very dangerous situation." The issue is not about speaking out, the barristers' society says, it's about speaking respectfully. "What we are talking about here are highly damaging comments made by a lawyer and these comments will certainly do irreparable damage to our justice system," Clarence Beckett, counsel for the society, told the hearing. The barristers' society would like to see Morgan walk away with a repri- mand. For his part, Morgan may have a few things to say when the decision is finally handed down, but they may well be kept to himself. — DM

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