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REGIONAL WRAP-UP ATLANTIC nsbs gOes tO cOuRt tO PROtect PRiViLege warrant. In response, the NSBS turned to the courts to determine T what information it could release about a disbarred lawyer without violating solicitor-client privilege. "It's important that all lawyers recognize that law societies have a unique role. The privilege that the lawyer has is preserved through the law society," says NSBS executive director Darrel Pink. "That will surprise some lawyers, and some have challenged the law society on this issue." In this case, the RCMP wanted access to a financial and a forensic audit report prepared for the barristers' society in its investigation of Mark David, who was disbarred in 2009 after promoting an investment scheme to clients that did not pay the promised returns. As a result of complaints, just over $100,000 was paid to former clients from the NSBS Fund for Client Compensation. The RCMP is now conduct- he Nova Scotia Barristers' Society recently got a visit from the Royal Canadian Mounted Police. It wasn't a social call. The RCMP was executing a search ing a criminal investigation and wanted information from the law society. "Issues of privilege arose," notes Pink. To resolve those issues, the NSBS requested the Nova Scotia Supreme Court determine what information could legally be released. The application for access to the materials, which are now sealed, was scheduled to be heard on June 21. The society also reached out, through a posting on its web site and an ad in the provincial paper, to former clients of David, who was admitted to the bar in 1982 and appoint- ed Queen's counsel in 2003. Despite the issues of notice, however, the society had no contact information for many of the former clients and some had made no complaints against the lawyer, notes Pink. It is for those clients who do not come forward that the society is asserting a claim of privilege. — DONALEE MOULTON donalee@quantumcommunications.ca E-citement over e-filing Since the launch of electronic filing last June, roughly 25 per cent of all claims are now being filed online. Prior to this, a user would person- ally have to file an application at the registry of the Provincial Court or send it by mail. "E-filing is easy and convenient N and allows users to file claims at any time, day or night from anywhere in the province, as long as they have access to the Internet," says Justice Minister Felix Collins. "There are only two jurisdictions in Canada which offer e-filing and I am proud to say that Newfoundland and ewfoundland and Lab- rador's Small Claims Court is a virtual success. Labrador is one of them." The other is B.C. Electronic filing, accessible through the Provincial Court's web site, was introduced as a way to provide better service, says Collins, noting that it is only one improvement that has been made to the province's Small Claims Court. The amount of claims allowed has also been increased — significantly — to $25,000 from $5,000. The improvements seem to be working. For the most recent fis- cal year, approximately 1,500 claims were filed with the Small Claims Court. The previous year this figure was just under 1,300. The e-filing initiative was the Provincial Court's first foray into alternative meth- ods of service delivery. It began with a pilot program that included some of the most frequent filers of small claims applications. As well, Office of the High Sheriff provided a gateway through the Judgment Enforcement Remote Registry for people to register their e-filings. — DM www.CANADIAN Lawyermag.com JULY 2011 7 the