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regional wrap-up B.C. looking to review tions Attorney General Michael de Jong set out in criteria for reviewing the guide- lines to appoint special prosecutors. The lawyer who will be answering them is Stephen Owen, who first presented a com- mission report two decades ago that led to the Crown Counsel Act setting up the special prosecutor system in B.C. Owen's appointment comes after S special prosecutor Terry Robertson cleared Solicitor General Kash Heed of any wrongdoing in the distribution of a brochure during his election campaign, although two campaign workers were charged. Robertson then resigned stating he felt there was a conflict of interest as his firm Harper Grey LLP had donated hould B.C. appoint special prosecu- tors from outside the province? That's one of a number of ques- $1,000 to Heed's campaign. Assistant deputy AG Bob Gillen, who was unaware of the contribution when the appointment was made, appointed Robertson. Peter Wilson, a senior Vancouver law- yer, has since been named as the independent special prosecutor to again review the allegations of election irregularities at Heed's campaign office. The Law Society of B.C. has announced it is investigating Robertson's resignation and the $1,000 donation by the law firm. Law society investigators will ascertain whether there has been any professional misconduct on the part of Robertson A partner by any other . . . profession T he kickoff date for British Columbia's new multidisciplinary partnerships is set for July 1, allowing lawyers to form alliances with other non-lawyers in limited circumstances. The Law Society of B.C. benchers ruled that while such partnerships could exist, they had to ensure that the legal profession's core values were met. Gavin Hume, chairman of the LSBC's ethics committee says the new rules provide safeguards that protect the legal profession's obligations. "We are very specific that non-lawyer partners comply in ensuring that privilege and confidentiality is properly looked after. All obligations to comply with the Professional Conduct Handbook continue to exist." Under the requirements, lawyers involved in the partnership must have control over the legal services the partnership provides and non-lawyers will not be able to provide services to the pubic unless those services support or supplement the practice of law. Small practices may benefit from such partnerships. "Firms that restrict their practice to conveyancing might want to form a partnership with notaries or paralegals, as long as their work supports the practice of law," says Hume. Non-lawyer partners will be required to purchase liability insurance from the law society and some benchers have questioned the associated risk. Susan Forbes, the LSBC's director of insurance, says in the nine years that such partner- ships have been allowed in Ontario there have been very few claims, and most have been resolved without payment. — JS — JS 14 JULY 2010 www. C ANADIAN Law ye rmag.com special prosecutor appointments that may warrant disciplinary action. "We need to investigate fully and fairly and we will do so," says Stuart Cameron, the LSBC's director of investigations. "As always, our primary con- cern is the protection of the public interest." The incident, though, Attorney General Michael de Jong caused de Jong to recall Owen to determine how the special prosecutor sys- tem could be further struc- tured to eliminate such problems in the future. De Jong has also passed Owen the political hot potato of reviewing "whether politi- cal donations, activities, or affiliations should bar a lawyer from acting as a special prosecutor. If so, in which cases should this be so," and whether these con- siderations should only apply to elected officials being investigated. De Jong wants Owen to review "the process for selecting lawyers who are quali- fied to be on the list" of special prosecutors that the assistant deputy attorney gener- al uses for appointments. "For example, should there be a public request for quali- fications?" The experience, knowledge, and abil- ity of the appointees are to be reviewed and the process by which lawyers are selected is to be examined. Owen is also to determine whether there should be a larger or smaller number of lawyers on the list than the current 35. B.C.'s AG has further asked Owen to determine how long a lawyer should be on the list and whether there is the need to review a lawyer's eligibility and who should undertake that role. In the event that a lawyer is removed, Owen was asked to determine "whether there should be criteria and a process for removal for cause." Owen is to report back sometime this summer.