Law Times

May 5, 2008

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PAGE 4 NEWS MAY 5, 2008 / LAW TIMES he Law Society of Up- per Canada's audit com- mittee says the govern- ing body needs to trim the fat when it comes to professional regulation costs. "Perhaps we should look at whether it is possible to do pro- fessional regulation in a more efficient and cost-effective way," Bencher Beth Symes, chairwoman of the commit- tee that presented LSUC's au- dited financial statements for 2007 at Convocation's April 24 meeting, tells Law Times in an interview. Symes reported that, in 2007, the law society spent about $15.4 million on profes- sional regulation, up from ap- proximately $13.3 million in 2006. A $1.2-million overrun in budgeted payments to outside counsel — incurred despite the hiring of 11 new staff members — was the main source of extra costs, said Symes. Committee: trim fat off professional regulation costs T BY ROBERT TODD Law Times The law society's general fund took a loss of $390,000 in 2007, versus a $568,000 surplus in 2006, with total revenues last year of $65.697 million and expenses of $66.087 million, according to the report. But the overall loss was attributed mainly to the amortization of capital assets, which was pegged at $3.113 million. presented to benchers. Those details were not made public. The audit committee met The law society aimed to reduce spending on professional regulation by hiring 11 new staff members last year, said Symes. The new staff members include two dealing with investigations, three in complaints resolution, four in discipline, and two in trustee services, according to the report. The report said the rising cost of outside counsel "is generally attributable to a number of sen- sitive or unusual matters." That included an increase in the use of experts for mortgage-fraud cases; "potentially high-profile matters involving complex is- sues"; "highly contested unau- thorized practice matters"; and the hiring of outside counsel for 'Perhaps we should look at whether it is possible to do professional regulation in a more efficient and cost-effec- tive way,' says Beth Symes. matters "deemed especially sig- nificant to our role as a regula- tor," according to the report. Symes told Convocation that steps are being taken to address the overrun in professional regu- lation, a list of which was to be with Zeynep Onen, director of LSUC's professional regulation department, to address the problem, said Symes. "She has assured us that she has put in place a system to, first of all, monitor and address the retention of out- side counsel, and the amount spent," Symes tells Law Times. "We've been looking at it for six months, and have been assured that, going forward, the number of outside coun- sel has been reduced and that the amount of money spent on outside counsel has also been reduced." Other highlights from the financial statements include a lower than expected deficit in LSUC's new paralegal fund. A projected loss of $2.4 million for 2007 played out at only an $822,000 deficit, as the law so- ciety last year received $1.077 million in paralegal fees, while it spent $1.899 million on Find out where the law is headed and what it means to you The Year in Review 2007 Labour Arbitration Elaine B. Willis and The Honourable Warren K. Winkler, Chief Justice of Ontario An analytical review of key labour arbitration decisions and major trends in 2007 This annual resource provides a concise authoritative analysis of labour arbitration cases and judicial reviews over the course of the year from across Canada, identifies key developments and assesses continuing/emerging issues important to your practice. It is also the perfect compliment to your Labour Arbitration Cases (LAC) subscription. The Year in Review 2007 provides a special in-depth analysis and discussion of the implications of: The freedom of association under the Canadian Charter of Rights and Freedoms Key Supreme Court of Canada Supreme Court of Canada landmark decision regarding recognition of collective bargaining as a component of decisions dealing with: - automatic termination clauses under the collective agreement and the role of such clauses in the duty to accommodate disabled employees - the dilemma of an arbitrator faced with conflicting statutory provisions, and the scope of "arbitrability" available when police officers are disciplined Important recent Charter cases dealing with fundamental freedoms and legal rights Also find thoughtful and insightful analysis of cases involving: workplace aggression duty of fidelity and cheating managing risk in the employment relationship hands of employees Emerging issues toward co-workers, supervisors and the public employees who have been disciplined for integrity-related misconduct such as conflicts of interest, breaches of the including abusive conduct, incompetence and carelessness at the such as judicial reviews, privacy, discrimination and the awarding of damages Labour Arbitration: The Year in Review 2007 — keeps you informed and knowledgeable about the issues affecting labour arbitration and your practice. Order your copy today! www.canadalawbook.ca www.lawtimesnews.com WILLIS_Labour Arbitration The Year in Review LT 1-2x4.indd 1 LTXXXX paralegal regulation, according to the report. The difference was attributed to a greater than expected number of grandpar- ent and transitional applicants for paralegal licences. The def- icit is expected to be covered early in 2008 with examina- tion fee revenues. It was also reported that rev- enues from lawyers' fees rose to $44.1 million in 2007 from $40.1 million in 2006, with the addition of about 825 lawyers and a fee in- crease of $92 per lawyer. Professional development and competence revenues went up to $9.7 million from $9.3 million the previous year, after licensing process fees were raised $150 per candidate to $2,750. On the costs side, net ex- penses increased to about $66.1 million in 2007 from approxi- mately $58.6 million in 2006, according to the report. The largest "departmental changes" were in lawyer regulation and the new paralegal regulation. Administrative expenses at LSUC increased to $8 million in 2007 from $7.1 million in 2006, said the report. Such expenses include the law society's depart- ments of finance, information systems, and human resources. "The increase was spread across all three areas as opera- tions of the law society are en- hanced and services expanded in line with the cumulative increase in licensees over recent years," said the report. Other expenses for 2007 in- cluded areas such as bencher expense reimbursements, func- tions, and remuneration, which increased $370,000 in 2007 to $1.9 million, and LSUC catering costs, which totaled $953,000 in 2007. Overall, "other expenses" for 2007 — which also included expenses such as payments to the Federation of Law Societies and CanLII totalling $1.3 mil- lion — increased to $6.1 million from $5.3 million in 2006. Financial statements for the law society's compensation fund and LibraryCo Inc. also were presented at the meeting. The compensation fund's financial position "remains strong," according to the re- port, with a surplus for 2007 of $907,000, down from a $1.4-million surplus in 2006. LibraryCo, which the law so- ciety took over administration of in 2007, lost $111,299 in 2007, versus a $26,335 surplus in 2006. "The deficit is attribut- able to expenses incurred as Li- braryCo transitioned to the new administrative arrangement," said the report. The audit committee's report included the following caveat: "The law society's success in fulfilling its mandate is not measurable in terms of profits or the creation of members' eq- uity value, but rather through qualitative, non-financial re- sults discussed in the Perfor- mance Highlights section of the annual report. "Nevertheless, management does have financial steward- ship responsibilities, which this report references within the broader context of fulfilling the role statement." LT 5/1/08 10:22:38 AM

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