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 J U L Y 2 0 1 6 37 island sends an important message to clients on both sides of the Confederation Bridge (which connects P.E.I. to the rest of Canada). "We feel it is important to be in the communities where our clients are," says Kane. "That's the culture of our office." The types of business that lawyers in the province deal with consist of all areas of law, but particularly real property, secured financing, estate planning, family law, litigation, taxa- tion, business law, immigration, information technology, securi- ties, municipal law, insurance, intellectual property, labour and employment, energy, and environmental components. Though the province's primary industries are agriculture, fishing, and tourism, growth industries are in aerospace, marine technology, bioscience, health care, renewable energy, and information tech- nology. "Each of these areas results in legal work and necessitates lawyers being knowledgeable of emerging industries and their legal needs," says MacGregor. The business landscape is also evolving, notes Scales. "There is a certain vibe around innovation, immigration, and inbound investment. It's palatable, and Islanders are ready to embrace it." There are also anomalies that present challenges for lawyers on P.E.I. "Our real estate fees are very fair and haven't changed substantially in 30 years," notes Bloyce McLellan, a partner with McLellan Brennan in Summerside. "The government has back- doored a lot of taxes such as HST, transfer tax, registry fees," he adds. "The government taxes often far outweigh legal fees many times on a property transaction, but we have to collect it from the client, and it makes it very expensive. You know what happens to the messenger." MacPherson points out that while the quality of life on the island is less hectic and friendlier, lawyers are busy. "There is a perception that lawyers in P.E.I. have a more laid-back practice, but lawyers here work very hard plus do pro bono work," she says. "We don't have the one-hour commute, but we fill that time with something else." The nature of the work is also changing, says Key. "Not that many years ago, there were really no specialities. Over the last 15 to 20 years, there has been a move to people who do exclu- sively family law or commercial law." However, he notes, "it's still a relationship-based business. I've had the same clients over the last 25 years." The long-term relationships many lawyers have with their clients helps keep the professional fires burn- ing, as well as the bills paid. "We generally know very well the clients we serve, and because you know them well, there is a heightened desire to serve them well," says Kane. That makes a law practice on the Island very personal. "In the P.E.I. market, clients tend to identify with individual law- yers more than law firms — whether it's a lawyer's experience with top industries or a lawyer's involvement with the com- munity," says Scales. As with legal communities across the country, lawyers and the judiciary in P.E.I. are grappling with issues of access to justice. "Lawyers recognize that legal costs can be expensive. Court time can also be difficult to obtain; there are so many matters brought before the court or in the process of litigation that the courts' schedules are extremely busy," notes MacGregor. The legal community is looking for island ways to help address access to justice. "The bar here is sensitive to access to justice and go about their business quietly doing what they can to assist the public," says McLellan. He notes, for example, that "much of our litigation is done on a contingency fee basis, and this is very attractive for the public and gives even the poorest person great access to justice particularly from the tort bar." Many of the lawyers practising in P.E.I. grew up on the island, and after completing law school elsewhere (there is no law school on the island), returned home. They knew what they were in for. Key is a three-minute commute from work and runs his own small farm when he's away from the office. MacPherson lives in the country; 15 minutes by car in one direction and she's at her office in Charlottetown; 15 minutes in the other direction and she's at the beach. "We're lucky because we have such a beautiful province and we can enjoy the lifestyle here, but we work hard. We put in a lot of hours," MacPherson notes. Lawyers thinking of moving to the island must understand the realities of small-town life, says Key. "It's a balance between everybody knows your business and everybody cares about your business." Untitled-2 1 2016-06-14 3:52 PM

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