Canadian Lawyer

w w w . C A N A D I A N L a w y e r m a g . c o m A U G U S T 2 0 1 5 13 \ AT L A N T I C \ C E N T R A L \ W E S T REGIONAL WRAP-UP B ritish Columbia's law firm regulation task force is aiming to develop a regulatory framework for law firms that will be proac- tive and squelch problems before they become larger ones ending up before the Law Society of B.C. for investigation. "Regulation has a history of being reac- tive," says task force chairman Herman Van Ommen, a bencher and McCar- thy Tétrault LLP's regional managing partner in Vancouver. "We would like to set up policies and procedures with law firms that helps to avoid problems and prevent them from becoming com- plaints. That is really our focus." Van Ommen gives the example of a lawyer within a firm who is not returning client calls, not responding well to a client, or is suddenly demonstrating an unchar- acteristic lack of attention to business mat- ters. Normally, a client complaint would land at the LSBC offices at some point. The LSBC would then have to investigate by going back to the firm or lawyer. In the regulatory regime Van Ommen envisions, lawyers in each will have a duty to be aware of difficulties a fellow lawyer might be experiencing, such as a marital breakdown, and play a role in providing assistance to ensure it doesn't negatively impact the firm's legal work. That might mean taking over files while that troubled lawyer works through per- sonal problems or assisting in other ways. "In my firm, there are six lawyers in my corner," says Ommen, "You look out for each other. You don't want the firm com- plained about." Van Ommen says such a framework isn't meant to relieve the LSBC of its obligations to investigate complaints but it is a collaborative approach among lawyers to problem solve within a firm if possible before difficulties grow into potential complaints. While this concept is directed towards the traditional law practice, he says it may need tweaking to adapt to non-traditional practices that are springing up — such as office share or groups. "That is one of the things that we will be asking the profession about. The office-share is a new beast and it is becoming more common." The task force appointed by the LSBC consists of Van Ommen, a bencher, and three other benchers (Martin Finch, Peter Lloyd, and Sharon Matthews) and four non-bencher lawyers (Lori Mathison, Angela Westmacott, Henry Wood, and Jan Christiansen). It will begin looking for feedback from lawyers throughout B.C. this fall. Van Ommen says he has not yet determined the logistics; it could be a survey, face-to- face meetings with focus groups, or meet- ings in various parts of the province. It would also include written submissions to the task force. Van Ommen says any regulatory framework brought forward would have to be compatible with the work being done by law societies in other provinces. "We are all grappling with the same issues," he says as there are aspects that deal with the busi- ness of the law firm rather than the indi- vidual lawyers. Law practices are engaged in providing services such as accounting, publishing, and advertising that may not involve individual lawyers but still impact the legal profession. "If you want to regu- late more efficiently, you look at the entity providing the service and deal with the law firm. That is a more effective means of regulation." Van Ommen says there may be some variation in the regulations between the provinces. This task force won't be looking at alternative business structures. "That's a whole separate issue," he says. The task force has already looked at the work by law societies in Saskatchewan, Manitoba, and Nova Scotia, which have also amended their legal professions act to regulate law firms in one way or another. As well, the task force has looked at regula- tions in Australia, Wales, and England for firms. Task force meetings have lately been focused on the structure of the regulatory framework and what information needs to be gathered as it readies to launch the con- sultation process after summer. Van Ommen says he is hopeful the task force can conclude the consultation phase during the fall and provide a report to the benchers by the end of 2015 or early 2016. "The product will not be one of detailed rules and regulation but a descrip- tion of the framework," he says, add- ing LSBC benchers would then have to approve it and begin drafting the rules and regulations. He expects the task force report will be made public but is unsure whether lawyers will have the opportunity to comment on the report before the regu- lations are drafted. "I've found that lawyers have not been hesitant about calling the benchers with an opinion," he says. When the Legal Profession Act was amended in 2012, the LSBC was given the authority to regulate law firms in addi- tion to its authority to regulate individu- al lawyers. Law firm is defined as a legal entity or combination of legal entities carrying on the practice of law. — JEAN SORENSEN jean_sorensen@telus.net B.C. law fi rm task force looking for proactive framework Herman Van Ommen

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