General Questions Flashcards
Why the Law Society?
Position - passionate about administrative law and privacy (primary interest in law school - open access to government and access to justice), unique position, passionate about working in the public interest - want to establish myself further in this area
Law Society - upholding the integrity of the legal profession, working in the public interest - enjoy working with people that have a common sense of purpose is exciting (every position I’ve had in government or in non-profit where employees share a common interest has been the most rewarding and enjoyable - demanding and challenging work but some of the most rewarding work I’ve done)
What do you know about the Law Society?
- regulates the legal profession in BC (qualification standards for new lawyers, CPD program, conduct reviews of practices, regulate/audit trust fund accounting, provide practice advice, investigate/discipline lawyers who violate rules,
Knowledge of privacy legislation and application.
- general interest from Australian FOI acts and NCA admin law, also records classification system in Ontario (similar to ARCS/ORCS)
- knowledge of BC FOI and protection of privacy at Blakes - assist colleague in FOI requests, exposed to FOI requests and records in litigation files
- SWC (policy issues, protection of privacy issues)
- beneficial to know PIPA and FIPPA quite well, both from applicant POV and from a government employee
Research, interpret and apply legislation and case law.
- law school (mock trials, general)
- QPILCH (researched
- Blakes - help anyone from students to senior partners research, check accuracy of authorities, compile authorities, oversee completion of books of authorities, draft pleadings (list of documents, books of authorities)
- Blakes (spare time) - paralegal study group, help with research
- SWC - compliance with the Society Act and Income Tax Act, PIPA
Communicate effectively with management, staff and outside bodies.
Blakes - regular communication with high level staff, opposite parties and government organizations, work together to file joint pleadings eg. books of authorities
Blakes - client communication (professional and informative) - eg. pilot project (working with court registry)
Blakes - litigation searches and document retrievals for clients and Blakes offices in Canada - often coordinate large record retrievals, working with SCC agent
Case management and trial prep.
- At beginning of new file, sit down with responsible lawyer and he/she explains what they are expecting for documents, what important dates we have, etc.
- Work with lawyers and assistants at beginning of case to make sure that it is structured and organized in compliance with Civil Practice Directions and any protocol in place
- create document disclosure protocols with other parties
- discuss evidentiary expectations and time quotes for disclosure
Trial Prep
- create timelines, organize documents, prepare laptops and databases, lifeline (help find last minute documents)
Assert organizational requirements to staff.
- make sure in compliance with Practice Directions and protocols in place (ongoing training with new staff, associates and students)
- filing requirements for SCBC, BCCA and SCC
Two types of privilege
- legal professional privilege
- litigation privilege
What is LPP?
- must be communication (oral or written)
- communication must be of a confidential character
- communication must be between client (or his agent) and a legal advisor; and
- the communication must be directly related to the seeking, formulating or giving of legal advice
What is litigation privilege?
Protects communications, including those between a lawyer and third party, where the dominant purpose was the preparation or conduct of litigation or the litigation was in reasonable prospect at the time of the communications
Litigation privilege ends when the litigation giving rise to it ends (unless related litigation remains pending or may reasonably be apprehended)
