Canadian Lawyer

May 2011

The most widely read magazine for Canadian lawyers

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REGIONAL WRAP-UP ALBERTA HIKES LEGAL AID FUNDING BY 10% A t that time of year when the snow finally starts to melt and governments hand down their budgets, the Alberta government announced a 10-per-cent increase in funding for legal aid even though overall funding for Alberta Justice was reduced by 0.5 per cent. "We commend Legal Aid Alberta for their hard work and dedication. They provide an important service that is supported by the provincial and fed- eral governments, lawyers, and clients," says Minister of Justice and Attorney General Verlyn Olson. "The province supports Legal Aid Alberta with a sub- stantial annual grant, and the increase in our funding will help them continue to provide quality services to vulner- able Albertans." According to the Feb. 24 budget, Alberta Justice will receive $488 million in 2011-12, $2.6 million or 0.5-per-cent less than the previous year. Included in this allocation is $184 million for court services, $126 million for criminal jus- tice and legal services, and $58.8 mil- lion for legal aid. Part of the 10-per-cent funding hike for legal aid will let Legal Aid Alberta increase its financial eligibility guide- lines by 10 per cent and implement two additional pilot projects. The guidelines increase will go into effect July 1, and legal aid remains committed to reinstat- ing the guidelines to the level that was seen in 2009. "This increase is a posi- tive step toward restoring the guidelines to help us to better serve low-income Albertans. We said the decrease was temporary and we stand behind that," says Kirk MacDonald, chairman of the Legal Aid Alberta board of directors. Regarding the budget, Law Society of Alberta president Doug Mah said: "Although the law society has no direct control over the funding and opera- tions of Legal Aid Alberta, we have an interest in the delivery of aid because the law society seeks to ensure and enhance access to justice for Albertans, particularly those of limited means." The LSA has advocated for a prop- erly funded legal aid system and has discussed the issue at length with gov- ernment. The increased funding is encouraging, said Mah. "Government is aware of, and I believe, shares the law society's belief that a just and civil society requires that persons in jeop- ardy before the courts have adequate legal representation and that significant societal and human costs can thereby be avoided." — DC legal 'I'm gonna live forever . . .' J ust like the Fame theme song, B.C. sole practitioners obviously believe in immortality. According to the Law Society of British Columbia 2010 annual trusts report survey, which asked lawyers wheth- er they had succession plans in place, only 13 per cent of 1,550 sole practitioners acknowledged they did. "Every sole practitioner should have someone who will take over from them in the event of a disability, accident, seriously ill, or they pass away unexpectedly," says Graeme Keirstead, who for the past four years has managed the custodianship of law firms. "For smaller practices, succession planning is as important for lawyers as estate planning is for individuals." On average, says Keirstead, the LSBC has become involved with approximately two practices a month for the past two years, either by finding a locum or assuming a custodial role. With aging demographics, he says the LSBC is taking a "proactive" initiative by having both developed tools on its web site that guide individuals through the process and, this 12 M AY 2011 www. CANADIAN Lawyermag.com month, launching a major publicity campaign. As well, the LSBC site also includes an interview with a retired lawyer who discusses strategic planning in five-year blocks, winding down files, and finding new lawyers, agreeable to clients, to take over remaining files. Keirstead says larger and medium-size firms often have practice groups and those lawyers will share responsibil- ity for client files in the event of an emergency, illness, or death. However, it is the small and sole practitioner firms that remain the most vulnerable. He says he does not know why so few sole practitioners have made contingency plans but "I can only speculate that they are too busy looking after clients." The tools posted on the LSBC web site should make it easier for this group of lawyers to do succession planning whether it is for the short or long term, he says. There are always issues — such as confidentiality and competition. Keirstead says client confidentiality would not be jeopardized since files are only taken over when an event

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