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regional wrap-up CeNtrAL A focus on medical malpractice M énard Martin could easily be mistaken for a medical clinic rather than a law firm. There's the extensive medical library and even an examination room complete with a physician's exam table and X-ray film- viewing equipment. The only thing missing is staff wearing lab coats. But having such amenities is impor- tant and necessary when you operate the only law office in Quebec dedicated solely to medical malpractice lawsuits. "We do nothing but medical . . . no divorces, no criminal," stresses Jean- Pierre Ménard, who tells Canadian Lawyer he has done 6,000 such cases since being called to the Barreau du Québec in 1980. Ménard, 57, always had an interest in health issues and word got out. That led to his fifth client becoming his first malpractice case in 1981. "It hit me then how disadvantaged people were in pursuing doctors, hospitals, and health professionals," he recalls. In 1985, he and life/business partner Denise Martin founded Ménard Martin as strictly a malpractice firm. Since then, they've grown to 17 lawyers — all with health law expertise like Ménard himself — who, Ménard says, "have 500 to 600 cases going at any one time." The firm handles 50 to 60 per cent of all malpractice suits in Quebec, a prov- ince where 55 per cent of malpractice clients win their cases compared to the national average of 30 to 35 per cent, Ménard points out. His firm's own success rate is close to 80 per cent. "There is no Canadian equivalent," he says. "People are aware of their rights now and we get up to 15 calls a day." Ménard Martin has assembled a panel of 250 Canadian experts, which he says helps keep costs down and allows people to better afford their ser- vices — not that he has ever refused a client because they couldn't pay. Some qualify for legal aid and the firm also offers easy payment plans. Ménard's extensive experience has LAWYERS' UNION TAKES ON UNQUALIFIED CIVIL SERVANTS T he union representing about 940 lawyers and 60 notaries employed by the Quebec government has publicly denounced what it says are potentially hun- dreds of unqualified civil servants illegally practising law. Since the end of April, the Association des Juristes de l'État has submitted 96 complaints to the Barreau du Québec and the Chambre des notaires du Québec ask- ing both to launch investigations after pleas to the government to end the practice of unlicensed employees providing legal advice and consultation have gone unanswered since November 2008. "We don't want to condemn anyone, but stop the practice of usurping functions," association president Marc Lajoie tells Canadian Lawyer. "The AJE is calling upon the authorities concerned to take the necessary steps to ensure that the public is protected." Poring over documents obtained through access-to-information legislation covering about one-quarter of data available on government employee functions, Lajoie says his group uncovered 100 cases where workers acted as lawyers or nota- ries without being members of the bodies that regulate those professions. From that, the association has deduced there could be 400 such cases in several departments going up to the premier's office. Two letters he has sent to Justice Minister Kathleen Weil informing her of the situation have also been ignored, says Lajoie. Lajoie has also filed 16 complaints that lawyers and notaries in good standing have been asked to perform functions assigned to Weil that should be discharged in an independent fashion free from any possible influence by the executive council or ministers of various other departments. — MIKE KING 8 JULY 2010 www. C ANADIAN Law ye rmag.com even influenced public policy. He is credited with helping amend the pro- vincial law respecting the safe provision of health and social services. Bill 113, which came into effect in December 2002, requires health-care institutions to have a policy for the disclosure of medical errors. "It's all about preven- tion. We have to support victims of medical accidents and assure them it won't happen again," Ménard explains. "We raised the bar of health care, it's an important social interface." Manitoba adopted similar legislation in 2005 and he says other provinces have expressed interest. "We believe a lot in patient empowerment," he adds. "It's a recipe for better health." In order to better educate the public about their rights dealing with medi- cal, hospital, and dental malpractice, the firm is introducing a free online guide and checklist at the end of the summer. "We never forget the patient," says Ménard. "We change and influence people's lives. It's not just for the money, but their dignity. Winning on principle is sometimes more important than the money." — MK