Law Times

PAGE 4 Conduct that could significantly change the way lawyers will have to handle conflicts of interest. Convocation approved a he Law Society of Upper Canada is considering several amendments to the Rules of Professional LSUC looking to change rules on conflicts of interest T NEWS BY KENDYL SEBESTA Law Times motion calling for input on the changes to the rules on May 24. Under the amendments, law- yers at the same law firm would be able to act for different clients with competing interests at the same time as long as the clients agree to the arrangement. Currently, the rules don't ex- plicitly allow for that scenario. "While the majority of the changes to the rules as a result of implementing the model code would be minor, some changes are more substantive and, in some cases, introduce new standards, particularly in regard to conflicts of interest," Paul Schabas, chair- man of the law society' changes that might have an im- pact on the specific provisions of the model code will need to be monitored. sional regulation committee, told Convocation. "Jurisprudential and practice s profes- GET FAST ACCESS TO THE LATEST EMPLOYMENT AND LABOUR LAW NEW EDITION CONSOLIDATED FEDERAL EMPLOYMENT & LABOUR STATUTES AND REGULATIONS 2012 A practical source for all the legislation you need to be able to quickly reference key employment and labour statutes and regulations applicable to federally regulated workplaces – whether in Board meetings and arbitrations, during meetings or on the road. NEW IN THE 2012 EDITION • Expenditure Restraint Act, S.C. 2009, c. 2, s. 393 • Public Servants Disclosure Protection Act, S.C. 2005, c. 46 AMENDMENTS TO THE FOLLOWING ACTS AND REGULATIONS: • Canada Employment Insurance Financing Board Act • Canada Labour Code - Canada Industrial Relations Board Regulations, 2001 SOR/2001-520 - Canada Occupational Health and Safety Regulations, SOR/86-304 • Canada Pension Plan - Canada Pension Plan Investment Board Act - Canada Pension Plan Regulations, C.R.C. 1978, c. 385 • Canadian Human Rights Act • Employment Insurance Act - Employment Insurance Regulations, SOR/96-332 • Pension Benefits Standards Act, 1985 - Canadian Press Pension Plan Solvency Deficiency Funding Regulations, 2010SOR/2010-245 - Pension Benefits Standards Regulations, 1985, SOR/87-19 - Solvency Funding Relief Regulations, SOR/2006-275 - Solvency Funding Relief Regulations, 2009, SOR/2009-182 • Personal Information Protection and Electronic Documents Act - Secure Electronic Signature Regulations, SOR/2005-30 • Under the Public Service Employment Act, Public Service Staffing Tribunal Regulations, SOR/2006-6 • Wage Earner Protection Program Act AVAILABLE RISK-FREE FOR 30 DAYS Order online at www.carswell.com Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 ORDER # 983537 $102 Softcover approx. 1920 pages May 2012 978-0-7798-3537-9 Annual volumes supplied on standing order subscription Shipping and handling are extra. Price subject to change without notice and subject to applicable taxes. committee began considering amendments to the rule in Octo- ber 2011. At that time, the ques- tion of how to implement the changes required under the Fed- eration of Law Societies of Can- ada' The professional regulation " conduct was a key concern. In Ontario, lawyers must pro- s model code of professional tect themselves from cases that may involve conflicts of interest. But the committee found that as more lawyers practise across ju- risdictions under the federation' national mobility agreement, those from other provinces who practise here may have difficulty understanding and applying the rule in Ontario. For example, the Law Soci- ety of British Columbia's Rules s Provisions around conflicts of interest are among the more substantive changes, says Paul Schabas. amendments before we move forward, of Professional Conduct outline the rules related to lawyers who have space-sharing arrange- ments. The rules require them to disclose to their clients in writing that a conflict of interest exists. By comparison, the Law Society of Upper Canada doesn't have an explicit rule for space- sharing arrangements. But some LSUC benchers had concerns about the proposed changes during Convocation pro- ceedings last month. Most wanted to consider the amendments in more detail before making any significant changes. "I' treasurer Thomas Conway was quick to respond to the con- cerns. He noted most provinces are in the process of considering the changes. "I know British Columbia, But incoming law society " he said. like the law society, is in the process of considering these changes," he said. "Most have started to adopt minor changes in the language but they're also paying attention to the conflicts of interest section, too. time the rules have changed this year. Over the past several months, there have been con- siderable amendments. Most recently, the law society In fact, this isn't the first " what other law societies think of this, if this is something that we're all being told to implement in some form or another, Bencher Alan Silverstein. "How is this going to affect us? Have most other law societies adopted this?" Bencher Mark Sandler ex- pressed similar concerns. He told Convocation it' ful to have additional time to consider the changes. "It would be helpful, in my d be help- opinion, if the changes were ar- ticulated more clearly and we were able to see how other law societies are interpreting these CANADIAN LAW LIST 2012 YOUR INSTANT CONNECTION TO CANADA'S LEGAL NETWORK Inside you will find: • an up-to-date alphabetical listing of more than 58,000 barristers, solicitors and Quebec notaries, corporate counsel, law firms and judges in Canada; • contact information for the Supreme Court of Canada, the Federal Court of Canada, Federal Cabinet Ministers, departments, boards, commissions and Crown corporations; • legal and government contact information related to each province for the Courts of Appeal, Supreme Courts, County and District Courts, Provincial Courts, law societies, law schools, Legal Aid, and other law-related offices of importance. MORE THAN A PHONE BOOK Hardbound • Published February each year • On subscription $149 • L88804-571-26084 One-time purchase $165 • L88804-571 • ISSN 0084-8573 Prices subject to change without notice,to applicable taxes and shipping & handling. Visit carswell.com or call 1.800.387.5164 for a 30-day no-risk evaluation www.lawtimesnews.com CLL - 1/4 pg - 5X.indd 1 1/20/12 10:55 AM CANADIAN LAW LIST d be very curious to know " said approved an amendment to the rules in April that requires lawyers to protect themselves against be- ing used by a client or any mem- ber of the public to engage in il- legal conduct. At the time, some benchers also spoke out against the amendments over concerns they were too vague and poten- tially dangerous. But despite the concerns, the motion was carried in April. In the meantime, Convoca- tion has approved the latest mo- tion calling for input on the ad- ditional changes. The law society will be receiving feedback on them from benchers and mem- bers of the legal community until the end of August. LT June 11, 2012 • Law Times

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