Canadian Lawyer

June 2009

The most widely read magazine for Canadian lawyers

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THE WEST NO FISHING WITHOUT A LICENCE IN LSBC'S POND of Florida, he let it go to voice mail, dismissing it as telemarketing. He later discovered it was a "live person leav- ing a message and suggesting he could broker a resolution or settlement" for a defendant Bowman was acting for in Vancouver Small Claims Court. Bowman, an associate with Bull W Housser & Tupper LLP, returned the call to Perez, who identified himself as being with Briel Zach & Daniels. Perez told Bowman he could turn a settlement deal for pennies on the dollar. (The case had not gone to a settlement conference yet). "I asked him if he was a lawyer and he said he wasn't but he dealt with law- yers all the time," Bowman recalls. He told Perez he was not interested. Bowman then turned the matter over to the Law Society of British Columbia, which posted a public warning on its web site listing Briel Zach & Daniels as a "fictitious" company, registered with the Florida Department of State Division of Corporations. LSBC also warned that this company "may be trolling court registries for potential victims." In Florida, companies can do busi- ness using a name other than their own as long as it is state registered providing identification to the owner. The Briel Zach & Daniels name is owned by The Briel Group Inc. and the application was signed by Robert I. Kolodner on Dec. 8, 2008. Canadian Lawyer found The Briel Group's web site lists offices in Sault Ste. Marie, Ont., and Tampa, Fla., and a U.S. federal registration number. It also identifies the firm as a division of Briel, and lists Kolodner as president. Kolodner told Canadian Lawyer in a brief telephone interview that Perez was a salesperson with the company. Perez had contacted defendants and attempted to negotiate settlements prior to them going to court. "Like a col- ntitled-1 1 hen Vancouver lawyer Geoffrey Bowman saw the phone mes- sage flash from Anthony Perez lection agency," he said. The LSBC's warning advises that "only lawyers are permitted to negotiate a claim for dam- ages for a fee." Perez is not a member of the B.C. bar. It is not the first time Kolodner's firms have run afoul of legal regula- tors. In 2005, an injunction was placed against Kolodner and another one of his companies prohibiting his company, Practice Management DOES For those that disagree, Time Matters® One Size Fit All? practice management software offers powerful customization and automation features that streamline workfl ow and support collaboration. Features such as auto-entry forms, custom record types, Triggers and Chain Templates allow you to tailor tools to the way your fi rm works — not the other way around. Thousands of legal and business professionals trust Time Matters to manage day-to-day information and activities through its award-winning software. Serving as a centralized repository of information and integrating with existing business systems such as Microsoft® Microsoft® Outlook® Exchange and mobile devices, LexisNexis® Time Matters® allow you to run your fi rm's operations like never before. Download and Try Time Matters for FREE* Please visit www.lexisnexis.ca/timematters or call 1-800-387-9785, ext. 2. * Download Time Matters free for 30 days. Certain conditions apply. , will LexisNexis and the Knowledge Burst logo are registered trademarks of Reed Elsevier Properties Inc., used under licence. Time Matters is a registered trademark of LexisNexis, a division of Reed Elsevier Inc. Other products or services may be trademarks or registered trademarks of their respective companies. © 2009 LexisNexis Canada Inc. All rights reserved. www. C ANADIAN Law ye rmag.com JUNE 2009 11 5/13/09 12:19:08 PM

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