Lawyers Fund for Client Compensation Committee Report including ...

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Issue13. Given the positive financial situation of the Fund and the expected surplus of $15.6million at year end as reported by Craig Allen (see paragraphs 7 & 8 above), somemembers of the Committee expressed the view that a more substantial reduction inthe levy should be considered for 2003.14. Malcolm Heins cautioned that there is still a quarter remaining in 2002 and theassumption cannot be made that the last quarter will be as positive for the Fund asthe first three quarters of 2002. Historically, claims to the Fund have beenunpredictable and given the current economic climate, a cautious approach isadvisable. He suggested the possibility that if the recommended levy is acceptedand the Fund experiences another positive year in 2003, a larger reduction in the2004 levy might be more appropriate.15. Malcolm Heins’ recommendation was to accept the $281 per member levy aspresented in the draft budget.16. In view of the fact that the Fund balance at year-end is estimated to beapproximately $2 million higher than budgeted, Richmond Wilson proposed areduction in the surplus of the Fund by $1 million, which he felt would not impair theFund’s financial situation. A $1 million reduction would translate into a reduction inthe levy of approximately $35 per member in addition to the $9 reduction alreadypresented in the draft budget.Decision of the Committee17. The Committee voted in favour of recommending a $35 levy reduction for 2003to the Finance Committee, in addition to the $9 reduction provided for in thedraft budget.6
EXPANSION OF THE PANEL OF REFEREESBackground18. When there is disagreement between a claimant and staff Counsel at theCompensation Fund concerning the amount of a grant or entitlement to a grant, ahearing before a Referee may be held. The Fund maintains a roster of Referees toconduct these hearings, usually consisting of lawyers in private practice.Issue19. The Fund last recruited Referees in 1994. There are essentially only four activeReferees at the present time, two of whom conduct the majority of hearings for theFund. As a result, there may be a need to expand the panel of Referees.20. The expansion of the active pool of Referees and the use of more Referees inCompensation Fund hearings may perpetuate and enhance the integrity of theprocess in the eyes of the public and the membership.Decision Of The Committee21. The Committee deferred the matter to a future Committee meeting to facilitatepreparation of a position paper by Compensation Fund staff.INCREASED REMUNERATION OF REFEREESBackground22. Pursuant to Guideline #6, the Fund currently pays Claimant’s counsel appearing atReferee hearings an $800 per diem counsel fee in the discretion of the Referee.23. In contrast, the current rate of remuneration for Referees is $600 per day forhearings and preparation of the report(s), with commitments of less than one day tobe billed on a pro rata basis. This has been in effect for some time. There is alsoprovision for secretarial services of up to $50.00.7
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Lawyers Fund for Client Compensation Committee Report including ...

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