September 12, 2006Lawyers' Roles & Responsibilities1 Lawyers’ Roles & Responsibilities A Presentation to the AFN IRS Settlement Agreement Conference for Frontline Workers M. Margaret Froh ▪ Indigenous Bar Association Vancouver ▪ September 12, 2006

September 12, 2006 Lawyers' Roles & Responsibilities 2 Introduction IRS Settlement Agreement Lawyers’ Professional Responsibilities Guidelines for working with former Residential School Students Contingency Fee Agreements Wills/Estates Issues Retaining a Lawyer Conclusion Overview

September 12, 2006 Lawyers' Roles & Responsibilities 3 Introduction: Indigenous Bar Association Non-profit professional association for Indigenous people (i.e. First Nation, Métis and Inuit) trained in the field of law Objectives : 1. To recognize and respect the spiritual basis of our Indigenous laws, customs and traditions. 2. To promote the advancement of legal and social justice for Indigenous peoples in Canada. 3. To promote the reform of policies and laws affecting Indigenous peoples in Canada. 4. To foster public awareness within the legal community, the Indigenous community and the general public in respect of legal and social issues of concern to Indigenous peoples in Canada. 5. In pursuance of the foregoing objects, to provide a forum and network amongst Indigenous lawyers: to provide for their continuing education in respect of developments in Indigenous law; to exchange information and experiences with respect to the application of Indigenous law; and to discuss Indigenous legal issues. 6. To do all such other things as are incidental or conducive to the attainment of the above objects.

September 12, 2006 Lawyers' Roles & Responsibilities 4 IRS Settlement Agreement Lawyers’ Roles in light of Settlement Agreement  Impact on Litigation and ADR  Advance Payment  Common Experience Payment  Independent Assessment Process  Truth & Reconciliation  Commemoration  Healing

September 12, 2006 Lawyers' Roles & Responsibilities 5 Lawyers’ Professional Responsibilities Role as Advocate Access to Justice Law Societies’ Roles as Regulators  Rules of Professional Conduct  Complaint Mechanisms  Investigations  Discipline  Rights of Complainants

September 12, 2006 Lawyers' Roles & Responsibilities 6 Guidelines for Working with Former Residential School Students Law Society of Saskatchewan  Rule re solicitation and marketing activity where prospective client of “weakened state” (1999) CBA Guidelines  Guidelines for Lawyers Acting for Survivors of Aboriginal Residential Schools (2000) Law Society of Yukon  Guidelines for Lawyers Acting For Survivors of Aboriginal Residential Schools (2000) Law Society of Upper Canada (Ontario)  Guidelines for Lawyers Acting in Cases Involving Claims of Aboriginal Residential School Abuse (2002)

September 12, 2006 Lawyers' Roles & Responsibilities 7 Guidelines for Working with Former Residential School Students Law Society of Upper Canada’s “Guidelines for Lawyers Acting in Cases Involving Claims of Aboriginal Residential School Abuse”  Background  Guidelines vs. Rules vs. Commentary  Need for other jurisdictions to adopt guidelines

September 12, 2006 Lawyers' Roles & Responsibilities 8 LSUC Guidelines General  Broad application  Competency  Supports  Respecting claimants’ cultural roots, customs and traditions

September 12, 2006 Lawyers' Roles & Responsibilities 9 LSUC Guidelines Claimants’ Counsel  Unique nature of cases – need for ‘healing’  Demands on lawyers – practical limits on number of cases  Communicating re different types of actions  Need for sensitivity in making legal services available  Advertising  Communication (i.e. fees; disbursements; lawyer/client relationship; etc.)  Contingency fees  Accessibility  Sensitivity to emotional, spiritual and intellectual needs of claimants  Crisis intervention

September 12, 2006 Lawyers' Roles & Responsibilities 10 Contingency Fee Agreements Definition Rules governing contingency fees vary across jurisdictions  Written agreements  Fair and reasonable  Review of agreements  Method of calculation  Costs  Disbursements and taxes  Abandonment/discontinuation/settlement of claim  Termination of agreement  Changing lawyers

September 12, 2006 Lawyers' Roles & Responsibilities 11 Contingency Fee Agreements Rules governing contingency fees vary across jurisdictions (continued)  Types of legal services  Limitation of liability for negligence

September 12, 2006 Lawyers' Roles & Responsibilities 12 Wills & Estates Issues Claimants who passed on prior to May 30, 2005 Claimants who were alive as of May 30, 2005 but who have since passed on  Where there is a will  Where there is no will Federal legislation Provincial legislation

September 12, 2006 Lawyers' Roles & Responsibilities 13 Retaining a Lawyer Lawyer/Client Relationships  Hiring a lawyer Competency Accessibility Clarity Timeliness  Fees & disbursements  Review of fees  Complaints  Firing a lawyer

September 12, 2006 Lawyers' Roles & Responsibilities 14 Conclusion Encourage law societies in your jurisdiction to adopt guidelines Inform former IRS students of guidelines and to be aware of:  Claimants’ rights when retaining legal counsel  Lawyers’ responsibilities  Law societies’ roles in regulating lawyers  How to file a complaint Links to Law Societies:  Federal of Law Societies website (for links to the 14 law societies across Canada) at