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easier for firms to deal with potential conflicts on one-off pro bono consultations that don't involve opening a file and checking for conflicts in the normal way. For example, the Royal Bank of Canada has provided a waiver to the major law firms it does business with, covering situations where lawyers are giving advice in help centres or courtrooms to people with whom they will not have an ongoing solicitor-client relationship. "If they were going to sue us, it doesn't include that," says David Allgood, the bank's general counsel. Baird observes that another dilemma that arises when dealing with not-for-profit organizations is how to determine at what point the organization is so big that it should be pay- ing its legal fees. "That's a pretty tough balance to strike and we tend to focus fairly heavily on what the organization does, who it's supporting, and what it could do with the money if it's not paid to us." While smaller law firms tend to manage pro bono mat- ters without a formal committee structure, many of them do draw upon the key provisions of standard pro bono policies as suggested by the Canadian Bar Association and as adopted by most big firms. For example, Eugene Raponi, a partner at Waddell Raponi in Victoria, B.C., says: "We're quite flexible and informal on the basis that it's up to the individual lawyer what they take on and how they take it on. But, of course, we track the time that lawyers spend on unbillable work and we ensure that there are no conflicts. . . . And if something is not working quite well, we'll look at how the lawyers are spending their time." Brent Olthuis, an associate at Hunter Litigation Chambers required from you if it was a paying client." Belcourt admits she works for "hours and hours" on pro bono cases and finds it difficult to set limits for herself. But, she says, "We're a very small firm. It's difficult to spread pro bono work around and some cases go on for years. You've got to know what your limits are and stick to those." Freelance journalist and business writer Kevin Marron can be reached at kevin@kevinmarron.com. PROFESSIONAL DIRECTORY Supreme Court of Canada Counsel and Agency Services Henry S. Brown, QC (Chair) Brian A. Crane, QC Martin W. Mason Graham Ragan Guy Régimbald Eduard J. Van Bemmel, Law Clerk 160 Elgin Street Suite 2600 Ottawa Ontario K1P 1C3 T 613-233-1781 montréal ottawa kanata toronto hamilton waterloo region calgary vancouver moscow london in Vancouver, gets most of his pro bono work through the Access Pro Bono Society of British Columbia. He says he gets enough information from the organization to be able to assess whether he thinks a matter has merit and fits his experience and skill set. Leaders at his firm are supportive of pro bono work and leave it up to the judgment of associ- ates as to what work they take on. However, Olthuis adds, the firm uses its file-management system to track pro bono hours. "This allows the firm to get a sense of and appreciate non-remunerative contributions a lawyer is making, but it also allows individual lawyers with a click of a few buttons to find out how much time they're spending on files. That way you can more easily discipline yourself to make sure you're being efficient on the files." Lisa Belcourt, a partner at Ferguson Barristers LLP in owlings_CL_Sep_10.indd 1 9/17/10 9:58:57 AM MACGOLD DIRECT INC. Midland, Ont., says her five-lawyer firm, which specializes in personal injury and litigation, sources almost all of its pro bono work through the Canadian Paraplegic Association. This is a good fit for business marketing purposes and also provides a focus for the firm, making it easier, if necessary, to turn down pro bono requests from people who are not CPA clients. Following normal office-management processes with pro ntitled-5 1 Investment Dispute Consultants / Forensic Financial Auditors Providing Canada-wide expert witness reports on Securities Industry Litigation Robert Goldin Tel: (905) 709.1892 Email: robertgoldin@rogers.com Web: www.macgold.ca bono files is essential, she says, not only for the benefit of the firm, but also for the client. "Unless you're treating them as any other files, it's easy to forget about them and not track them. The clients are relying on you for the advice and you have an obligation to meet the expectations that would be Free E-Book. Investor Beware! Canada's leading book on Investor's rights and issues available free on web site (click on INVESTOR BEWARE) www. C ANADIAN Law ye rmag.com OC T O BER 2010 23 oldin_CL_Oct_10.indd 1 9/17/10 10:56:32 AM 4/6/09 4:20:13 PM