Canadian Lawyer

REGIONAL WRAP-UP ATLANTIC New trust accouNt rules comiNg to Nova scotia The focus is on keeping up with the times, L awyers in Nova Scotia are cur- rently debating proposed new regulations for director of the Nova Scotia Barristers' Society in Halifax. "We recognized that our rules were not current enough with respect to the Internet." In addition, the trust account regula- says Darrel Pink, trust accounts. executive financial transactions and the methods with which to deal with them would be difficult, if not impossible, given the rate of change occurring in methods of finan- cial transactions." Instead, the group opted to develop regulations that prescribed a standard. For example, at present, if someone wants to e-mail money into a lawyer' tion review working group established to lead the process also looked at "sim- plifying the regulations, getting rid of the 'nit-picky' stuff, and ensuring that the Regulations did not contain conflict- ing concepts," Glen Greencorn, NSBS director of finance and administration, said in a memo to all members. "From the onset," he added, "the working group identified that trying to develop and en- force regulations that defined all types of that would be a violation of the regula- tions. Under the proposed regulations, it would be acceptable provided the deposit was properly identified and confirmed. Other recommendations included s trust account, additional definitions of terms and clarifi- cation of others. "Not everyone was apply- ing the rules uniformly, the definition of "sole signing authority and control" and "overdraft." "In the pro- posed regulations, sole signing authority Two of the proposed changes deal with " says Pink. A NOVA SCOTIA'S FIRST DOMESTIC VIOLENCE COURT NOW OPERATIONAL first Domestic Violence Court is now hearing cases. "The court is really about delivering programs to the accused and the victim to derail that ongoing cycle of violence," fter a year of planning and preparation, Nova Scotia's says Claudia Mann, manager of special initiatives with the Department of Justice in Halifax. Teams of justice and community experts in Sydney, N.S., cases mandatory can overwhelm the court with cases that are not necessarily amenable to the approach," says Mann. While the government doesn't know how many cases the s voluntary. "Making Domestic Violence Court will hear, the bottom line is clearly defined. The province has already invested $1 million to develop 8 M AY 2012 www. CANADIAN Lawyermag.com the specialized court, and it will cost $800,000 a year to operate. At present, the special court will run as a pilot project for another two years, at which time its impact will be evaluated. "We'll be able to get a sense if this works for us," says Mann. "The goal is to see if this is effective. where the court is located, are helping to determine how it will operate, and a steering committee in Halifax has set policy development. One critical decision differentiates Nova Scotia from other provinces with similar courts: it' Supreme Court, Family Division, has been named to oversee the court. As the new co-ordinator, Jewkes will act as the liai- son between the judiciary; justice partners such as the Public Prosecution Service, legal aid, and the private bar; community- based service providers; and Nova Scotians affected by domestic violence, including victims, their families, and offenders. Nova Scotia is one of the last provinces in the country to Valerie Jewkes, former acting court administrator at the " — DM and control exists anytime a lawyer has the ability to access money or property without the need for a co-signer, whether or not another person may also access the money or property, his memo. "The concept of overdraft is expand- " Greencorn noted in ed to mean that the lawyer or law firm does not have sufficient funds in trust to meet [their] obligations, whether or not a bank account is actually overdrawn," he added. The working group's recommenda- tions have now been shared with NSBS members and their feedback is being reviewed. It's expected proposed new regulations may find their way to council as early as this month. donalee@quantumcommunications.ca — DONALEE MOULTON establish a domestic violence court. Coming late has some distinct advantages, notes Mann. "We don't have to make the same mistakes." Time will tell.

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