Law Times

LAW TIMES 18 COVERING ONTARIO'S LEGAL SCENE | APRIL 1, 2019 www.lawtimesnews.com BY CAROLYN GRUSKE For Law Times B eing a bencher can involve costs and sacrifices in terms of both time and money, but people who have done the job say there are potential ben- efits as well. "It's a damned sight more work and time than I ever imag- ined," says Peter Beach of Otta- wa-based Beach & Starkie As- sociates. "Realistically, it's four to five days a month, I would say, if you added it up into one block. So, it is quite a significant part of your time." Beach, who has served one term as a bencher and was re- gional bencher for the East elec- toral region, is running for re- election. That's despite the fact that the type of commitment required to undertake his du- ties in the way he thinks is nec- essary — travelling to Toronto for Convocation (which occurs every month except July, August and December) and committee meetings (which typically take two days per month), doing the preparatory reading for Convo- cation (which involves about 700 to 800 pages) and the committee meetings, as well as going to lo- cal law association meetings and events — requires a complicated juggling act, especially as he tries to maintain his business. "Trying to run a criminal practice like mine is difficult be- cause obviously you have court dates that are fixed months and months ahead of time. And you have to stick handle around them. It's a lot of time commit- ment," says Beach. He also admits that the amount of time spent acting as a bencher has hurt his bottom line, even though he doesn't re- ally like the idea of quantifying just how much it has cost him. Heather Joy Ross, on the other hand, has run the numbers. The founding partner of The Ross Firm, a practice that defines itself as a regional law firm with offices in Goderich, Stratford and Kin- cardine, Ont., is wrapping up her time as a bencher. She is retiring at the end of June, after winning four consecutive elections and then electing to become a life bencher in 2011. Her son, Quinn Ross, is running for a seat in this election. She says that, when she first began as a bencher in May 1995, she wanted to understand exact- ly how much time she was spend- ing on bencher-related duties. "Starting in that first and sec- ond year, I kept track of my time. And then I calculated what that meant to me as a member of a very small firm. At the legal aid rate, which was then about $90 an hour, I figured I was losing between $40,000 and $50,000 a year," says Ross. At the time, Ross says, bench- ers weren't compensated for their attendance; they were only reimbursed for their out-of- pocket expenses. While that has changed, she notes that bench- ers aren't paid for the time they spend reading the Convocation material or preparing for com- mittee work. "I like to know what's going on everywhere, because that in- forms what you're doing in your own committee. I wanted to be able to read all of the material from the other committees. So that's how the time [spent on bencher-related activities] came to be about a week per month," says Ross. Benchers are eligible to receive $585 per day and $355 per half-day (under the 2018 rates), providing they have already "contribute[d] 26 attendances [an attendance is a half-day or a full day] to law soci- ety activities before being eligible for remuneration." Both Beach and Ross say benchers need to be better com- pensated for participating in Convocation. "I think we have to get a bal- ance between what is some fair remuneration for what you do and no payments at all. This is pro bono work, yes it is. It's pay- back to the profession, but it's not quite the same as being the social convenor in your local law association for one or two days a month," says Beach, who sits on the remuneration committee but doesn't speak for the com- mittee, which is currently study- ing the payment issue. "It is a serious commitment, which is why it's so important that benchers be compensated because not all of us are earning six- and seven-figure incomes. And we need a variety of diverse groups of voices at Convoca- tion. For a number of people, the cost of the volunteerism, which was a little bit insane, when you weren't getting compensated for any of your time, that price was too high to pay or was just not possible for people — people who would have otherwise been wonderful benchers," says Ross. Of course, it's up to each indi- vidual bencher to make the de- cision regarding just how much time to devote to the law society and how involved to get in its ac- tivities. Windsor, Ont.-based Jacque- line Horvat, a founding partner of Spark LLP, which has offices in Windsor and Toronto, says time considerations have played a factor in how she participates What do benchers do? BENCHER ELECTION Jacqueline Horvat says time consider- ations have played a factor in how she participates in Convocation. "I think to get things done, you have to work positively and co-operatively with your colleagues." Jacqueline Horvat See Work, page 19 • I will continue to promote wellness and mental health throughout the legal profession • I am committed to Equality, Diversity, and Inclusion, based on my lived experience, and lessons learned as a Past President of the OBA • I will be a dedicated voice for law students, young lawyers, and all professionals committed to access to justice ORLANDO DA SILVA BENCHER CANDIDATE 2019 www.orlandodasilva.net Untitled-9 1 2019-03-27 12:45 PM www.linkedin.com/in/heather-zordel-08813818 www.heatherzordel.ca 2019 BENCHER ELECTION Re-Elect: Heather Zordel I am working in the public interest to ensure we (i) license individuals well qualified for general practice and chosen specialties; and (ii) ensure Ontario licensees receive good value for the fees you pay the Law Society. As a self-governing profession, we must also recognize and respect that the overwhelming majority of the profession govern themselves well as individuals. Untitled-7 1 2019-03-27 1:17 PM Untitled-13 1 2019-03-28 11:51 AM

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