Copyright Casey Marshall

Increased digitization of the legal profession means that lawyers must be aware of the risks of exposing confidential documents to unintended recipients. What can lawyers do to ensure that only the intended recipient receives confidential documents sent via email? Below are four suggestions from Barron Henley of Affinity Consulting, one of LESA’s top-rated presenters at last November’s ‘Law and Practice Update’.

1.)  Use Encrypted Email: There is no expectation of privacy with regular email. Therefore, if lawyers want privacy, they should consider using encrypted email.  Examples include:

  • Mail It Safe (www.mailitsafe.com/index_en.php): gives the user the ability to secure the content, pull back messages inadvertently sent, as well as the ability to track the receipt and consultation of the email and its attachments.  There is also an alert system which updates you in real time when your message and/or attachments have been reviewed.
  • YouSendIt Pro Plus: there is a fee version and a pay version of YouSendIt.  The pay version provides “advanced security options” including return receipts on emails, password encrypted attachments, and creation of expiry dates for attachments.

 2.)  Use a document management system: a document management system allows you to securely share documents with individuals internal or external to your organization. Examples include: Worldox, Interwoven Worksite and NetDocuments.

 3.)  Use a subscription based file sharing service: A file sharing service allows one party to create virtual workspaces where documents can be deposited. The creating party can then allow access to the “workspace” to other users who are able to upload/download files, delete/edit files, and/or create folders. The service can also keep track of when each file is updated and which party made the update.

 4.)  Encrypt the files themselves: Using Word or Adobe Acrobat, files can be encrypted so that they cannot be opened, read, and/or edited without the correct password.

 

 

Photo Credit: Benevolink 2012

Organizing a charity is a specialized area of law. It is rooted in 400 years of common law history and requires a working knowledge of the regulatory regime imposed by the Income Tax Act.  

Achieving charitable status in Canada hinges on the requirement that the prospective registrant be organized as a group (i.e., a corporation, charitable trust, or unincorporated group). The next step is to ensure the charitable nature of each object clause in the group’s organizing documents. Case law has identified four general charitable objects: Relief of Poverty, the Advancement of Education, the Advancement of Religion, and Other Purposes Beneficial to the Community. CRA has also expanded this list through administrative interpretation. While each of the organization’s objects must reflect one of these categories, charitable objects on their own are not enough for an organization to secure charitable status. The activities of the organization must actually advance the objects as well and ensure a public benefit.

Here are several practical tips to help ensure that an organization meets the requirements for charitable status. First, objects must be drafted as goals to be achieved, not the means of doing so. Second, the number of objects should be kept to a minimum. Third, all objects must be clearly stated. As well, it may be beneficial to submit objects to the Charities Directorate prior to a group’s incorporation to avoid future obstacles to charity status if one or more objects are not qualified as charitable.

To access Adam Aptowitzer’s full article and read more information on obtaining charitable status, visit http://www.lesa.org/comersus8f/store/comersus_viewItem.asp?idProduct=34154800.

 

At LESA, we feel strongly about building relationships within the legal community and beyond, to serve as a resource and a hub for our network.

For our 45th Annual Refresher Course in Real Estate, we’re so happy to connect with a variety of sponsor organizations – some of whom have been “friends” of ours for a long time, others who are new to us this year. These companies have shown us great support for this valuable program, so we wish to extend our thanks and support back to them by helping you connect, should you be interested in learning more about their services.

Kingston Ross Pasnak

LESA has had a longstanding relationship with KRP as they have been our “go-to” accounting firm for many years. They are one of Alberta’s largest full-service local chartered accounting firms, and have been named one of Canada’s “Best Small and Medium-Sized Employers” by the Globe and Mail since 2007. They offer an array of comprehensive accounting services, from audit and taxation to litigation support and business valuations. We thank them for their continued support.

Rileys

Rileys produces all of our digital printing, from seminar materials to signage and beyond. With offices in Calgary, Edmonton, Regina and Winnipeg, Rileys has an extensive line of equipment, and extremely high document security, to meet any print requirements you can dream up. We have had an association with Rileys since 1982, when our good friend Don Gander first connected with our Calgary office. We’ve been with Don ever since, through many moves and changes, and we’re so happy to continue our friendship to this day.

Lawyer Done Deal

Lawyer Done Deal is new to us this year, so we’re glad to meet them and have them on board as a Refresher Sponsor. LDD offers a suite of web applications that cover a broad range of practice areas, including Real Estate, Wills and Corporate law. Based in Toronto, LDD supports law firms across Canada, as well as lenders, title insurers and new home builders. Look for their booth in the exhibitors’ hall at the Refresher.

TitlePLUS

Also a new LESA supporter, TitlePLUS offers title insurance on purchases or refinances of new or resale residential properties. It is the only all-Canadian title insurance product available, and has been on the market since 1997. Although their parent company, LAWPRO, is based in Toronto, TitlePLUS is available all across the country. We’re also glad to welcome them as an exhibitor  at this year’s Refresher.

Alberta Real Estate Association

We have had an ongoing relationship with AREA, the non-profit association that represents Alberta’s 11 real estate boards and more than 10,000 realtors. AREA has a number of key functions, serving the public and their members by providing industry news and information, practical advice and support, education and advocacy. We’re grateful for their support at this year’s Refresher Course.

eConveyance

LESA is happy to welcome eConveyance to the Refresher Course as both an exhibitor and a new sponsor.  eConveyance was first introduced in BC in 2004 to support the Land Title and Survey Authority’s electronic filing system (EFS) with a web-based collaborative platform. The Alberta version was launched in 2010 and meets the specific needs of the Alberta conveyancing community, and allows users to collaborate seamlessly between all parties. Look for eConveyance in the exhibitor’s hall at the Refresher Course.

Do Process Software

Do Process Software is the company behind products like The Conveyancer, Fast Company and Will Builder. For more than 20 years, Do Process has been collaborating with legal professionals across Canada to produce reliable and innovative software that directly connects to law practice, helping to streamline work processes. You’ll find more information about Do Process at their booth in the Refresher Course exhibitor hall.

Burke Group Print and Graphic Communication Solutions

We have had a long relationship with Burke Group (previously Douglas Printing) as they handle all of our off-set printing for our brochures, calendars and signage. They have some of the best printing technologies on the market and can print on virtually any surface, allowing for tons of creativity. We’re so happy to include them as a sponsor for this year’s Refresher.

 

 

 

 

Rule 4.33 of the Alberta Rules of Court deals with the issue of dismissal for long delay, colloquially known as the “drop dead” rule. Under the existing transitional provisions, the new two year “drop dead” period will come into force on November 1, 2012.

Based on feedback from members of the Bar, the Rules of Court Committee has decided to re-examine this rule. The Committee intends to draft and circulate a discussion document asking for input on the rule.

To allow for an appropriate consultation period, the Committee is recommending that the transitional rules be amended. If the Minister accepts the recommendation, the new two year drop dead rule will not come into force until November 1, 2013.

Watch for developments in this area!

 

We’re sad to mark the passing of former Chief Judge Edward Wachowich on April 10, 2012. Services were held today at St. Joseph’s Basilica in Edmonton. Our condolences to his family, and his many friends and colleagues. He will be missed.

For more information, please see his obituary in the Edmonton Journal.

 

LESA Executive Director, Paul F. Wood QC.

Spring is always a time of transition, of longer days, brighter weather and renewed energy. This period of change is felt especially strongly at LESA this year, with the announcement that our Executive Director, Paul Wood QC, is stepping aside from his role effective June 30, 2013.

He has made the announcement more than a year in advance to ensure a seamless transition in leadership and to positively manage the changes new leadership will bring. It is this kind of personal commitment to excellence that Paul has always brought to his roles with LESA, and it is because of this commitment that Paul and his team have achieved great things during his tenure.

Paul first joined the LESA team in 1990 as the Director of Publication and Program Development, after a successful stint “in the field” in a general law practice. This position eventually morphed into the Director of Continuing Legal Education, a role that deepened his dedication to enhancing the professional development of lawyers across the province.

Paul stepped into the Executive Director role in 2008. During this time LESA has amassed an impressive list of accomplishments. Most notably, he is proud of the international award-winning Rules of Court programming that brought together key hallmarks of learner engagement, use of multimedia, collaboration with key stakeholders and the blending of online and face-to-face learning opportunities to facilitate a seamless transition to this significant change. LESA has also made noteworthy advances in restoring the principal/student mentoring relationship in the CPLED program, and the organization is positioned at the forefront of excellence in continuing legal education world-wide.

Paul has also had a significant year personally, having been recently appointed as “Queen’s Counsel” and having celebrated a landmark birthday. It has therefore been a time of great reflection for him, and it is upon this reflection that he has chosen to mark these accomplishments with this announcement. He notes that “LESA is in a strong place, I am in a good place, now is a good time.”

But all of these external accomplishments aside, Paul is most proud of nurturing a strong team of professionals within the LESA staff. “The thing I enjoy most,” he says, “is watching Team LESA bring excellence, commitment and joy to their daily work serving the Alberta legal community.”

It is this team he will miss as he moves forward with his own plans for the future, and the team will also miss his daily presence and encouragement as he lives the core values of the organization – professional, collaborative, innovative, financially responsible. We’re glad Paul will still be an active presence in our organization during this transitional period.

LESA’s Executive committee, assisted by Paul and Managing Director, Jennifer LC Flynn, will be developing a process over the next period of time for succession to ensure the transition is seamless and successful.

 

Acclaimed criminal lawyer C.D. Evans tells his own story in his new book A Painful Duty: 40 Years At the Criminal Bar.

In this memoir, Evans reveals insights about his practice and the cast of characters that make up the Criminal Bar.

If you’re in Edmonton, be sure to meet Chris at Audrey’s Books on March 23rd at 7.30.

Chris will also be doing readings in Calgary, Cochrane, Canmore and Red Deer. Visit his website
for more information.

 

Join speakers Yessy Byl and Brian Seaman from the Alberta Civil Liberties Research Centre to explore the different sources of language rights in Canada. Learn about the history of the Court Challenges Program and the Language Rights Support Program, and discuss the future of the LRSP.

The presentation will be held in Calgary at noon on Wednesday, March 28, 2012, at the Calgary Courts Centre (Barristers’ Lounge) and in Edmonton at noon on Thursday, March 29, 2012 at the Edmonton Law Courts (Barristers’ Lounge). A luncheon will be served.

Please RSVP by calling 780-450-2443 or email bureau@ajefa.ca.

 

Check out our many educational resources as you plan your CPD this year.

It’s that time of year again. Your Continuing Professional Development Plans are to be declared by March 15, 2012.

Here are LESA’s top five suggestions for meeting your CPD requirements.

1.  Take a LESA Seminar.

We are proud of the live events we offer. You can find seminars in every practice area and for all levels of experience. We also offer practice-based workshops to help you improve your advocacy skills or your proficiency with interviewing and advising. Information about our live events can be found here.

2.  Take an online LESA course.

LESA has a number of offerings online, from webcasts on ethical issues and negotiation strategies to audio recordings of some of our popular seminars. In particular, check out the audio recording of our sold-out seminar “Drafting and Practice Considerations Under the Wills & Succession Act,” which brings you the most current information on this new legislation.

Check out our online courses here .

3.  Volunteer for us.

Volunteering for LESA can count toward your CPD requirements, and can be a great way to pass on your legal expertise in a mentorship capacity. We need all kinds of volunteers throughout our programming year – from lecturers to panelists to program chairs. We even need actors from time to time! Please contact us if you’re interested in contributing to the LESA community.

4.  Write for us.

All of our seminar materials are prepared by volunteers. On top of that, we also have need of subject matter experts to help us create our educational resources and to communicate changes in legislation. If you enjoy writing and sharing your knowledge and experience, we need you! And if you’re interested in contributing to our blog, we can talk about how we can include you in our online community.

5.  Review for us.

As legislation changes, we need to change with it. Therefore, we always have need for great legal minds to help us ensure our information is up-to-date and accurate. Please contact us (link) if you would be interested in helping us communicate the latest in your practice area.

If you have any questions about your CPD plan, check out CPD Alberta website.

 

It was a week of celebration in Alberta’s legal community.

Paul Wood QC (with his wife, Grazia) in his new robes.

On February 15 in Edmonton, and February 17 in Calgary, more than one hundred lawyers were honoured with a QC designation for their experience, expertise and contribution to the legal community.

Alberta is one of the few provinces to maintain the tradition – a practice that dates back to 1604, when Sir Francis Bacon was named by King James I as “One of Our Counsel Learned in the Law.” This terminology continues today in Letters Patent appointing Queen’s Counsel in Alberta.

The designation is an undeniable honour, and since the first appointments in 1907, only 2003 lawyers have been awarded the distinction in Alberta, which is roughly 12 per cent of all lawyers admitted to the bar.

LESA’s own Paul Wood was incredibly moved to have received the designation. “I think, for me, the most impactful moment of the ceremony comes at the end when the Chief Justice notes that applause is permitted on the adjournment,” he says. “When she adjourned, the courtroom just erupted in sustained applause. Sitting there with my fellow appointees, listening to the court, family and friends applauding – well, it is a remarkable moment I will not soon forget.”

Appointee Christine Enns, a Constitutional Law solicitor with Alberta Justice and the Attorney General was similarly moved, and recognized that despite the individual designation, the achievement is one to be shared amongst one’s supporters. “This isn’t possible without the support of family and colleagues,” she says. “This honour isn’t just about the individual, it’s about the spirit of collaboration and the energy around working together as a team. That’s what makes me especially proud.”

Averie McNary, an appointee also with Alberta Justice, noted that the celebration of achievement is one that really focuses on the collegiality of the Alberta legal community. “The experience of practicing law is often fraught with contention and conflict,” she says. “But it’s at times like these that we all come together to celebrate as a group – that’s when we realize our strength and our common ties. I think that’s what makes honours like these important.”

Deputy Minister of Justice and Deputy Attorney General, Ray Bodnarek, is particularly impressed with this year’s appointees. “I’m really proud of these people,” he says. “They are proof that we have an incredibly strong, solid profession in this province, filled with people who are in it for the right reasons.”

 

© 2010 We are always looking for guest writers from the legal profession. Contact Robin at robin.wilms@lesa.org if you are interested. Suffusion theme by Sayontan Sinha