History Cover & Text.qxp - The Advocates' Society

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material from its educational programsand conferences. QL alsowould host the Society's web site,resulting in a considerable savingsto the Society. And, ever at the serviceof its members, "The Advocates'Brief" began a series of "Technotalk"articles, including "Hey, What'sUp with That Internet?" by CharlesF. Scott, and "Explaining E-mail" byDomenic Crolla.Bruce Carr-Harris, Frank Gomberg,Jim Hodgson and Carolyn Horkinschaired the 1997 Fall Convention inNassau, Bahamas. In the spring of1998, Mr. Carr-Harris, Chair of theProgram Committee, presented aproposal for the Society to host aNegotiation Workshop. The threedayprogram would be taught bymany of the individuals who ranthis program at The Harvard LawSchool. This initiative was consistentwith the Society's continuingrole in "teaching and fostering…theskills and ethics of advocacy."In 1998, in an attempt to define itsniche in the changing CLE landscape,the Program Committee recommendedthat skills training continueto be the centrepiece of theSociety's programming; that therebe greater coordination betweenSociety and OCAT programming;that Society staff and otherresources be deployed in the mostrational manner in order to accommodatethese objectives; that allmarketing of the Society and its programsbe done consistently with theabove-noted objectives, and that theSociety continue to monitor thechanging CLE landscape.The Society was, as usual, deeplyinvolved in many areas of legalreform during this term. It was oneof a number of legal associationsmeeting with the Attorney General'soffice in regard to proposed changesto the system of solicitor-clientassessments. It submitted its recommendationson administrativeagency reform and civil jury reform,and continued its involvement indiscussions on the role of paralegalsin the justice system. The Societyalso was an interested observer inthe proposed merger of theCanadian Bar Association - Ontario,the County and District LawPresidents Association, and theMetropolitan Toronto LawyersAssociation, as it opposed anymonopoly that might result over theprovision of Continuing LegalEducation programs.Under Ms Sachs' stewardship, theSociety made a $5,000 donation tothe Law Society of Upper Canadatowards a sculpture garden thatwould commemorate the LawSociety's 200th Anniversary. It wasactive in the collection of textbooksfor a legal library in Rwanda, and itsupported a fine wine auction runby the Sir William CampbellFoundation in June. And, finally,the Pro Bono Discipline Committeewas put into place as part of a pilotproject in which members of theSociety would serve as volunteerduty counsel of unrepresentedlawyers appearing before theDiscipline Committee.The End of Term Dinner featuredthe Honourable Justice W. IanBinnie of The Supreme Court ofCanada as guest speaker.Activities that busied the Societyduring the 1998-99 term of PresidentMichael F. Head included a submissionto the Honourable RobertSampson on the occasion of thebiennial review of Bill 57 TheAutomobile Insurance Rate StabilityAct; the presentation of an educationalprogram, in conjunction withthe Law Society and CBA-O, onMandatory Mediation; the monitoringof the passage of Bill 53 The LawSociety Amendment Act, which,among other things, empowered aninvestigator to enter a member'soffice and examine any documentsrelating to the matter under consideration,including client files; theon-going issue of solicitor-clientassessments and case management24The Advocates’ Society Award ofJustice, designed and executed by theCanadian designer and jeweler IvaanKotulsky.resources, and amendments to theSociety's by-laws concerning membership,including the creation ofthe category of Counsel member.The Long Civil Trials Task ForceReport issued in August 1998 provideda basis for further analysis,dialogue and discussion amongcounsel and the judiciary with aview towards attempting to achievethe appropriate balance that wouldmake for the most effective and efficienttrial process possible as part ofthe civil justice system.On September 28, some 300 peopleattended the premiere of TheHonourable Charles L. DubinLecture on Advocacy series. EdwardL. Greenspan, Q.C. delivered aninsightful, incisive and wellreceivedaddress. A reception andformal dinner followed at
Convocation Hall. In November,Bruce Carr-Harris, Carolyn Horkinsand Jeff Leon chaired the 1998 FallConvention in Palm Beach, Florida.The End of Term Dinner in June1999 featured the HonourableJustice Maurice Cullity, who entertainedguests with his keynoteaddress, Confessions of a Rookie.The Award of Justice was presentedto Jeffrey H. Wilson.It was during the administration ofPresident James A. Hodgson (1999-2000) that the Society began, yetagain, the process of self-examinationand reorganization necessitatedby changing times and circumstances.For this important process,a management consultant wasretained to advise on the reorganizationof both the Society andOCAT.It was recommended that theSociety adopt a new organizationalstructure that would provide for thehiring of two new staff, including aDirector of Education who wouldassume responsibility for the deliveryof all educational offerings forboth the Society and OCAT. It wasfurther recommended that skillstraining be formally incorporatedinto the Society's mandate byentrenching a standing committeeon education in the by-laws of theSociety. This committee wouldinclude members of the OCATboard and would merge its functionwith the Society's ProgramCommittee.The consultant recommended thatthe Society develop an operatingagreement with the Sir WilliamCampbell Foundation, and that itacquire for itself adequate officespace with room for committeemeetings.Finally, it was recommended thatthe Society develop an externallyfacilitatedstrategic plan to see itthrough the next three-to-five-yearperiod.Over the summer of 1999, theExecutive Committee worked toprepare such a strategic plan, andthe Board of Directors meeting ofOctober 1999 was devoted almostentirely to its review and to proposedchanges to the mission statement.The plan was approved inNovember and Executive DirectorAlexandra Chyczij was given theformidable task of developing animplementation schedule. This planwould now dictate the new directionof the Society well into thebeginning of the new century.MISSION STATEMENT:The Advocates' Society is the professionalorganization for advocatesin Ontario. As such, our mission is:• to be the voice of advocates inOntario;• to promote ethical and professionalpractice standards for advocates;• to expand our leadership role inteaching the skills of advocacy;• to protect the independence of thebar and the judiciary, and• to foster collegiality among members.In September 1999, the InterventionCommittee, led by Past PresidentTerry O'Sullivan, reported that arequest for intervention in a socalled"O'Connor Application" hadbeen received in the case of R. v.Stewart. This was the third suchintervention request and, because ofthe importance of the issue, it wasfelt that the Executive Committeeshould develop a broad policy position.Mr. O'Sullivan noted that eachcase involved attempts by criminaldefense counsel, where there wereon-going simultaneous civil actions,to access civil counsel's files. Inthese applications, it was argued,the solicitor-client privilege neededto be balanced with the right of theaccused in a criminal proceeding tomake full answer and defense.Eventually, the Society took theposition that the solicitor-clientprivilege is absolute, subject only toexisting well-established exceptions.25The Advocates' Society Medal waspresented twice in 1999. In June,David W. Scott, Q.C., was the recipientat a dinner at the ChateauLaurier Hotel in Ottawa. InSeptember, Kenneth E. Howie, Q.C.,was the recipient at a dinner atOsgoode Hall in Toronto.On the educational front, it was Viva"Laws" Vegas as the Society headedto Nevada for its 1999 FallConvention, chaired by CarolynHorkins, Jeff Leon and BenjaminZarnett. Jeff Leon also became theChair of OCAT and, later that year,Michael Cormier, a lawyer and aneducator, was hired as Director ofEducation, replacing Chris Burke,who had departed some monthsearlier.The End of Term Dinner in June featuredthe Right HonourableBeverley McLachlin, P.C., ChiefJustice of Canada, as guest speaker.The Advocates' Society Award ofJustice was presented to Barbara L.Jackman.For a number of years, there hadbeen growing concern on the part ofsome members of the judiciary thatcivility amongst the bench and thebar was on the decline, and theSociety determined to meet thisissue head on. At the Board ofDirectors meeting of August 2000,new President Ronald G. Slaght,Q.C. (2000-01) advised that theSociety would be hosting a policyforum in late October under theworking title of “Civility andProfessionalism in the Courts.” Theforum attracted widespread attentionfrom The Globe and Mail, TheToronto Star and CBC, and it resultedin a gathering of litigation departmentheads the following Decemberto discuss the recommendationsmade. The forum also was the impetusfor the Society's “Principles ofCivility” document, producedunder the direction of Past PresidentBruce Carr-Harris.It was also during the Slaght admin-
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