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regional wrap-up Making a list, checking it twice Columbia disciplinary committee is underscoring the importance for lawyers, especially those involved in special pros- ecutions, to be vigilant in checking for conflicts of interest or professional ethics breaches. "This is an example of a case which shows a lawyer has to be extremely vigilant to ensure that he or she has made a full disclosure and a complete review of his or her circumstances and the firm's practice when talking to the client for the first time," says LSBC director of inves- tigations Stuart Cameron, on its investi- gation of special prosecutor Terrence L. Robertson of Harper Grey LLP. Vancouver lawyer Don Sorochan of A Miller Thomson LLP, one of the founding members of B.C.'s special prosecutions system, says conflicts of interest or breach- recent incident that has one well- respected Vancouver lawyer up before the Law Society of British es of ethics are especially critical in cases involving special prosecutors as the sys- tem was originally established to ensure public trust in an independent investiga- tor. "I just kicked off a special prosecutor appointment," says Sorochan, who turned down an appointment in October for fear of evoking issues that affect the client. "It isn't about yourself or your firm, when you are appointed a special prosecutor you have an extra duty to give the appearance of appropriateness." Sorochan was being cautious in light of the political blowback that erupted when Robertson took an appointment to inves- tigate a campaign brochure distributed during Kash Heed's election campaign. Robertson failed to disclose his firm had contributed $1,000 to Heed's campaign. He later disclosed the information a day after his investigation cleared Heed but recommended charges against two cam- Liquor and Host Liability Law in Canada Understand the risks and duties arising from the sale or service of alcohol This is the first resource to address all aspects of liquor liability in commercial, employment and social host settings. It includes analysis and discussion of all the leading cases and key legislation from across the country. Topics include: • • • • ORDER your copy today Hardbound • 258 pp. November 2010 • $95 P/C 1001010000 ISBN 978-0-88804-515-7 • • • duties related to the condition of licensed premises and to activities on the premises the obligations of commercial hosts to take reasonable steps to ensure that patrons are not injured by other patrons whether a commercial host may be responsible for the conduct of patrons who have left the premises conduct of employees and the use of excessive force social host liability at private functions the risks facing employers who provide alcohol to employees criminal, regulatory and administrative matters paign workers. That disclosure caused an uproar. B.C. had to void the investigation and appoint another special prosecutor. Robertson has since issued a public apol- ogy and his firm has returned the fees it was paid. The LSBC hired lawyer Perry Mack to determine whether Robertson breached his ethical obligations when he failed to disclose the donation. Based upon Mack's findings, the LSBC determined Robertson failed to meet the expected standard to disclose to his client any previous con- nection to the parties and the disciplinary committee is reviewing this finding. Cameron says the LSBC views the inci- dent as a breach of ethics rather than a conflict of interest as it involved not com- peting self-interests but a lawyer who had and failed to disclose information a client needed to know. "There is a moral and ethical obligation to say to any prospective client here is the information that you need to make an informed choice whether to hire me and my law firm," says Cameron. Robertson acknowledged that he was aware of the $1,000 contribution but did not think the small contribution would be perceived as influencing his judgment. Cameron says he realizes lawyers today face a challenge in determining whether they are in a conflict or ethical breach of duties, especially larger firms that branch in various provinces, but there existed a duty of care to the client. "The problem is that it is often not your call to decide if there is a conflict," says Sorochan, adding that information should be given to the client to make an informed choice. While Harper Grey has announced canadalawbook.ca For a 30-day, no-risk evaluation call: 1.800.565.6967 Canada Law Book, a Thomson Reuters business. CL1110 14 NO VEMBER / DECEMBER 2010 www. C ANADIAN Law ye rmag.com Prices subject to change without notice, to applicable taxes and shipping & handling. it will not make political contributions anymore, Sorochan says he believes by ensuring checks and queries are made in-house and using judgment, problems can be mitigated regardless of political contributions. "Professional ethics are not dealt with by checklist." Rather, he says, it often relies upon self-judgment, seeking advice when in doubt, and "taking the most conservative approach." — JEAN SORENSEN jean_sorensen@telus.net Lorne Folick, Michael Libby and Paul Dawson …and more!