BarTalk April 2000
Volume 12, Number 2

It’s time for lawyers to be heard

by Mayland McKimm

As we enter an exciting political season in Victoria it is time for the legal profession to gear up to ensure that those in power or who hope to be in power are prepared to answer some of our issues. There is never a better time for strategic ear-bending than when someone’s political aspirations are on the line – and it’s up to each of us to educate ourselves about what the issues are, so that we can in turn educate those who wish to represent us in the Legislative Assembly.

When I attend events as your Branch President, I am constantly astounded by the sheer number of lawyers who stand in circles of influence around individual politicians. So many of us are in a position to raise issues, give information and perhaps influence policy and political action. And yet, it clearly does not happen as frequently as it could.

What does it take to change that? Two things, I believe: those who are in a position to do something must choose to act; and the Branch must do what it can to make that easy. The first is something you must decide for yourself. I believe it is part of the role of a legal advocate to provoke and promote change on issues of importance to our clients, our profession and to the justice system as a whole. I also believe that it is the role of the Branch to provide the briefings, materials and strategic counsel to support that work.

On your behalf, the Government Relations Committee has established an MLA Network, linking local CBA representatives with not only sitting members but also MLA hopefuls. Our intention is to build ongoing two-way relationships, providing information and briefs on important issues, and acting as a “first call” resource when that person is looking for information on legal affairs. We do not yet have all of these positions filled, so if you have an established relationship with a particular member or candidate in a riding, please call Ken Sarnecki, Chair of the Government Relations Committee at 250.763.4323.

As an individual constituent, you need to be fully up-to-speed on the issues our clients and members have identified as important. You are invited to contact me, Ken Sarnecki, or Barry Cavanaugh at the Branch office to get answers and information. Here are some of the issues we want politicians to know more about:

• The tax on legal fees makes it hard for lawyers to be competitive in a global marketplace, and is used to funnel millions of dollars into government priorities other than what it was set up to fund: Legal Aid.

• Court user fees are crippling, and the probate fee system is little more than a hidden tax on our clients and their families.

• Crown Counsel and Legal Aid lawyers deserve fair working conditions and remuneration in support of providing high quality service to clients.

• The Representation Agreement Act should protect clients by ensuring that a lawyer is required to be consulted prior to debrogating rights and interests under enhanced Section 9 certificate agreements; and enduring power of attorney should remain a legal option for clients until at least December 2001.

At the end of the day it falls to each of us to act on our own as well as through the CBA to affect political change. I invite each of you to get involved and let us know what you are doing and how we can help. MLAs seek out our assistance at the constituency level and we should not be shy about expecting to be heard when we need to about issues that adversely affect either us or our clients. Stand up and be counted. Get involved and refuse to be ignored.

This article was published in the April 2000 issue of BarTalk and is subject to the copyright by the British Columbia Branch of the Canadian Bar Association, 2005, all rights reserved.