The 2019 Isaac Pitblado Lectures
Capacity to Decide: Planning for Death and Dying
November 8, 2019 │ 9:00 a.m. – 4:30 p.m.
Fort Garry Place Conference Centre, Grand Ballroom
3 Weeks Left to Take Advantage of Early Bird Pricing
6 CPD hours, including 1.5 EPPM hours
Jointly presented by the Manitoba Bar Association, The University of Manitoba Faculty of Law & The Law Society of Manitoba
This year’s Pitblado Lectures will provide thought provoking presentations as well as concrete guidance for practitioners on topics including:
- Testamentary Capacity
- Predatory Marriages
- Medical Perspective on Capacity
- Video Recording Will Instructions
- Capacity Assessments
- Assisted Dying – constitutional, philosophical and ethical issues
- How Medical Assistance in Dying (MAID) works in Manitoba
Featured out of province speakers include Professor Albert H. Oosterhoff
(Oosterhoff on Wills, 8th ed. and Oosterhoff on Trusts: Text, Commentary and Materials, 9th ed.) and Kimberly A. Whaley, of the Toronto litigation firm Whaley Estate Litigation Partners.
Stay tuned for updated information and speaker announcements on the
Pitblado website: www.pitbladolectures.com
[Reprinted with permission from the August 2019 edition of Communiqué, by Leah Kosokowsky, Director – Regulation at The Law Society of Manitoba.]
On January 1, 2020, rule changes affecting client identification and verification and the receipt of cash will come into effect.
What does this mean for you?
All firms need to review and revise their processes to ensure compliance with the existing and new rules. These rules are critically important in the international fight against money laundering and terrorism financing and thus compliance will be enforced robustly.
What help can you expect?
The Law Society of Manitoba will provide several education sessions with resource material to assist you. The education sessions will be provided at no cost and can be applied toward your annual continuing professional development requirements.
Why are we making these changes?
Lawyers must never knowingly assist in or encourage any dishonesty, fraud, crime or illegal conduct. As the Code of Professional Conduct puts it,
… a lawyer should be on guard against becoming the tool or dupe of an unscrupulous client or others and should be alert to and avoid unwittingly becoming involved with a client or others engaged in criminal activities such as mortgage fraud or money laundering.
Money laundering and terrorism financing are significant global problems. Lawyers and law firms do not want to knowingly or unknowingly allow clients to launder money by washing it through a lawyer’s trust account.
For some time, The Law Society of Manitoba has had two sets of rules in place, known as the “client identification and verification rules” and the “no cash rules”. These decade-old rules were based on model rules developed by the Federation of Law Societies in an effort to help lawyers prevent money laundering. Over the last several years Canadian law societies have identified that to be effective a more robust set of rules is required.
After consultation with the legal profession throughout Canada, the Federation of Law Societies changed the model rules in October 2018, which changes were adopted by The Law Society of Manitoba benchers in May of 2019. The new rule amendments are being drafted and will be finalized by the benchers this fall with an implementation date of January 1, 2020 for all Manitoba lawyers.
What Kind of Changes can you expect?
Receipt of Cash Rules
- Additional definitions
- Greater clarity
- Fewer exceptions to the rule that prohibits lawyers from accepting cash in excess of $7,500.
Client Identification and Verification Rules
- Greater clarity of the information that must be obtained and recorded when identifying clients on all files
- New methods to verify a client’s identity on files where you are paying, receiving or transferring funds
- Clarification of files exempt from verification
- Removal of the “reasonable measures” standard for verifying identity
- Obligation to inquire into the source of the funds
- Reduced time to verify a client’s identity
- Additional obligations when handling financial matters for corporations, businesses, trusts or other entities
- Amendments relating to the use of agents
- Ongoing monitoring obligations articulated
New Trust Accounting Rule
- New rule expressly prohibiting lawyers from depositing any monies into trust other than trust money that is directly related to legal services that are being provided
- This will eliminate the ability of lawyers to deposit fiduciary property into trust when acting solely in a representative capacity
- No change to other recently enacted rules that place record keeping and reporting requirements on lawyers who act in representative capacity
To learn more, attend one of the three free education sessions offered by The Law Society of Manitoba this fall.
The Richard J. Scott Award is presented annually by the Law Society of Manitoba to an individual who advances the rule of law through advocacy, litigation, teaching, research or writing. Activities that support an independent judiciary, an independent legal profession, access to legal services, access to justice, and public interest advocacy are all eligible.
Past recipients include:
Byron Williams (2013)
Irene Hamilton, Q.C. (2014)
Allan Fineblit, Q.C. (2015)
Jeff Hirsch (2016)
John Myers (2017)
Karen Dyck (2018)
The award is presented in conjunction with the annual Isaac Pitblado Lectures which take place on November 8, 2019.
The deadline for nominations is September 27, 2019.
Nominations can be sent to:
Chief Executive Officer
The Law Society of Manitoba
200 – 260 St. Mary Avenue
Winnipeg, MB R3C 0M6
by e-mail to Pat Bourbonnais
Nominations should be accompanied by the nominee’s c.v. and an explanation as to why the nominee deserves this award.
For more information, contact Kris Dangerfield at 204-926-2013 or by e-mail at firstname.lastname@example.org.
PREP pilot launches in Alberta and Manitoba is next, launching in February 2020.
The Canadian Centre for Professional Legal Education (CPLED) is excited to report the first pilot for the new Bar admission course, the Practice Readiness Education Program (PREP), has launched. Twenty-seven Alberta students were welcomed to PREP in an in-person orientation on August 1st.
Built on best practices around the world, PREP delivers practical skills and competencies in an integrated approach that combines interactive, transactional learning and simulation. The program includes online modules, face-to-face workshops and something really unique – an interactive virtual law firm where students work as lawyers, managing cases in business law, criminal law, family law and real estate. Finally, students participate in a final capstone case and reflection before being called to the Bar.
A second pilot will take place in February of 2020 in Manitoba. Applicants who have received a JD or a certificate of qualification from the Federation of Law Societies of Canada and who are interested in participating in the Manitoba PREP pilot can fill out this form to express interest.
To learn more about PREP, visit CPLED’s website, or attend an upcoming CPLED Information Session being held at the University of Manitoba on September 17 for law students and faculty.
CPLED is now on LinkedIn and Facebook!
CPLED is encouraging Law Society members to follow them on LinkedIn and like them on Facebook. They are working to create online communities for the legal profession that will extend beyond the Bar admission course and create discussions on legal education.
CPLED will also be launching an e-newsletter in the coming weeks, featuring the latest news on the PREP pilot and recruitment opportunities for legal professionals beginning in 2020. To stay up to date on all CPLED related news, visit their website to sign up today.