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w w w . C A N A D I A N L a w y e r m a g . c o m S E P T E M B E R 2 0 1 7 13 discretion in a manner that is consonant with the principles of proactive regula- tion." Under the framework of the registra- tion process, each firm registered would appoint a representative able to facilitate the flow of information between the firm and the LSBC in regard to registration and in-house regulation of the law firm. The task force spent significant time discussing the extent of information sharing. The task force and focus group discussions "have been animated by a keen awareness of the need to balance the privacy rights of the individual subject to the complaint or investigation and the public interest in informing a firm about the potential misconduct of one of its lawyers," the report said. The task force report maintained that public interest is linked to the notion a firm may be in the best position to sup- port the lawyer's navigation of personal or professional issues related to the com- plaint and mitigate or resolve the problem or the issues underlying it. The discretionary powers will allow the LSBC to make decisions on when and how much information is shared. The task force gives the example of why discretionary powers are needed in order not to breach a lawyer's right of privacy or human rights legislation. "A complaint is made against a lawyer, in the course of which the Law Society becomes aware of the lawyer's medi- cal issues. These issues are relevant to the complaint, but highly personal in nature. In the absence of any discretion- ary power, the Law Society would inform the firm about the complaint and, in so doing, reveal this medical information in a manner that may be contrary to privacy and/or human rights legislation," it said. The discretionary power is one of the 17 report recommendations. Some other recommendations include the following: • The LSBC provide each firm with a pre-populated registration form with content that firms will verify and update as well as add the name of a designated representative; • Firms must immediately notify the LSBC of registration changes includ- ing name, contact information of designated representative and must renew registration annually; • Firms must identify one but can have additional designated representatives. The representative will receive and respond to LSBC communications including but not limited to: general administrative matters, the self-assess- ment and registration process and conduct issues; • Firms are required to respond fully and substantively to LSBC complaints or investigations against the firm or one of the firm's lawyers; • Fulfilling the duties of the desig- nated representative is ultimately the responsibility of the firm — the desig- nated representative is not personally responsible or liable; • The primary objective of the self- assessment tool is to provide firms with educational tools and resources that will assist firms in meeting the professional infrastructure elements set out; • All firms are required to do a self- assessment and two tools are avail- able. There is a formal short-form self-assessment tool but also a more detailed confidential workbook that enables firms to work through self- assessment in more detail; • The LSBC will develop model policies and resources in relation to each of the professional infrastructure elements for inclusion in the self-assessment. The first 2016 interim report by the task force set out eight key areas, known as the professional infrastructure elements, where firms were responsible for implementing policies and processes that encourage pro- fessional and ethical firm conduct. These eight areas are: competent firm manage- ment, client relations, confidentiality, avoid- ing conflicts of interest, appropriate file and record management, charging appropriate fees, financial management and complying with legal obligations to provide a safe and respectful workplace. The second interim report sets out the processes for firm registrations (online and no fee), the role of the representative, developing content and procedures, the self-assessment process, resources and budget to carry out the project, proposing a schedule for implementation and identi- fying rule drafting. The new registration system is expect- ed to begin in 2018. — JEAN SORENSEN Medico - Legal EXPERT WITNESS ALTERNATIVE DISPUTE RESOLUTION EXPERT AUTHORITY KNOWLEDGE TRUSTED OBJECTIVE ACCURATE YOUR CASE IS IMPORTANT. YOU DESERVE THE BEST HEALTHCARE EXPERTISE. Unparallelled experience for your most catastrophic injury cases. Hundreds of specialists from all areas of healthcare expertise. Cost of Future Care reports for your most serious cases. 2,000+ cases for 300+ lawyers across Canada. CONNECTMLX.COM EXPERTS@CONNECTMLX.COM TOLL FREE: 855-278-9273 ntitled-2 1 2017-06-13 8:16 AM \ AT L A N T I C \ C E N T R A L \ N O RT H \ W E S T REGIONAL WRAP-UP THE QUESTION OF WHETHER THE LAW SOCIETY SHOULD HAVE DISCRETION IN SHARING, OR CONVERSELY, NOT SHARING INFORMATION WITH THE LAWYER'S FIRM HAS BEEN CONTROVERSIAL.

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