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 M A Y 2 0 1 8 13 has members in the B.C. Okanagan area and the organiza- tion has plans to expand its membership throughout other B.C. regions. The regulation of law firms attempts to ensure that legal practices have adequate "professional infrastructure elements" in place. There are eight PIE elements: competent practices and management; client relations; protecting confidentiality; preventing conflicts of interest; file and records management; fees and disbursements; responsible financial management; and equity, diversity and inclusion. The LSBC is attempting to provide firms with a self-assessment tool to evaluate their practice management systems and firm culture. A month before the registration deadline, the LSBC was still juggling the details of the initiative's implementation. "We are still working out the nuts and bolts and rolling out the pilot project [for the assessment tool]," said LSBC spokes- man David Jordan. "The actual details — we have not nailed them down yet." Jordan said the only information on the program was that published in the spring Benchers' Bulletin and there was no one from the LSBC who could speak to an interview on the initiative. The Bulletin information said the LSBC would send a pre- populated form regarding the firm and its lawyers to the firm, which the firm would update and confirm. Each law firm was to appoint a communications liaison to deal with the LSBC. "Organizations that do not provide legal services to clients, such as government, Crown corporations, non-profits and those providing pro bono work, as well as corporations with in-house counsel, will not be required to register," said the Bulletin notice. The LSBC has back-tracked regarding its assessment tool. The second Law Firm Regulation Task Force (June 2017) pub- lished a 207-page report with 17 recommendations. The LSBC benchers, in December 2017, approved the recommendations except those relating to self-assessment and the tool. Initially, under recommendation 15, law firms would reg- ister and complete a concise self-assessment tool that would allow the LSBC to identify areas where additional resources are required. Once the resource development was complete, a second assessment cycle would commence in which firms would complete and submit a "revised, resource rich assess- ment tool," and during the second assessment they were expected to implement policies and processes for achieving PIE. The LSBC benchers did not approve recommendations 15 nor 10, which sets out the requirements that firms complete a self-assessment and submit it to the LSBC. "Rather, the Benchers directed that law firms regulation should commence through the launch of a pilot project in which a smaller sub-set of firms will complete the self-assess- ment," the recommendations, as adopted by the benchers, stated. The benchers' firms, plus other B.C. firms, have volun- teered to test the LSBC's assessment tool in a pilot project and provide feedback. The feedback will be reviewed by the LSBC this fall. The feedback, according to the bulletin, will be critical to determinations the benchers will make on further implementation. The PIEs have also changed. In the 2016 original task force report issued, there was no recommendation that there be an equity, diversity and cultural competency PIE as this was an "aspirational" quality rather than an operational aspect of law firm management. "Other arguments articulated for not including equity and diversity as one of the Professional Infrastructure Ele- ments include: the view that these issues occupy a domain that is largely about personal attitude and values, rather than firm responsibilities, such that the Law Society should not be 'imposing values'," the LSBC 2017 second task force report said, echoing earlier concerns. But the 2017 task force recognized this was out of step with other provinces. "Other Canadian law societies have included equity, diversity and inclusion as foundational 'element' (Nova Scotia) or 'principle' (Prairies, Ontario) of their regulatory frameworks." As a result, the task force suggests that these issues are not aspirational but "are important issues in relation to the professional and public interest." — JEAN SORENSEN \ AT L A N T I C \ C E N T R A L \ P R A I R I E S \ W E S T REGIONAL WRAP-UP ntitled-5 1 2018-04-23 10:47 AM

• Cover