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Lawyers Looking for Leads: October & November 2019 Networking Events

10/15/2019

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Looking to: meet other lawyers? build your network? find some referral sources? Look no further. Below is our curated list of fall networking and social events for lawyers in Ontario:
 
October 16 2019 – OTTAWA – Ontario Bar Association – Craft Beer Tasting & Networking Event – OBA Young Lawyer Division Fall Social. 3 Brewers Sparks, 240 Sparks Street. 5:30pm Registration. Complementary Registration.

October 18, 2019 - LONDON- Middlesex Law Association - Fall Social - Palasad SocialBowl (North Location) 777 Adelaide St N, London. 5:30-9:00pm. Free Admission. 

October 22, 2019 - LONDON - The Advocates' Society - London Mentoring Dinner - Abruzzi, 119 King St. London. 5:00pm. Walk-Ins welcomed. 

October 23, 2019 - TORONTO - The Advocates' Society 10+ Standing Committee - Mid-Career Mingle, for lawyers 8-18 years of call. Walrus Pub and Beer Hall, Pong Bar 187 Bay Street. Free for Members. 

October 24 - BARRIE - The Advocates' Society - Barrie Pub Night - Hooligans, 66 Dunlop Street East, Barrie. 5:30-7:30pm. Your business card is your ticket. 

October 29 – TORONTO – Ontario Bar Association – Award of Excellence for Alternative Dispute Resolution. OBA Conference Centre, 20 Toronto Street. 5:30pm Registration. CBA Member $110. Non-Member $140. Student Member $60.
 
October 30 – TORONTO – Women’s Law Association of Ontario – 100th Anniversary Gala. The Carlu, 444 Yonge Street. Dress Code: Formal. 6:00pm. Member $185. Non-Member $225.

November 1 - OTTAWA - The Advocates' Society - The Ottawa Social - Norca Restaurant and Bar, Le Germain Hotel, 30 Daly Ave. 5:30pm-8:30pm. Your business card is your ticket. 

November 6 – TORONTO – Ontario Bar Association - Federal Court Bench and Bar Reception. The Wine Academy, 67 Richmond Street West. 5:00pm-7:00pm. CBA Member $30. Non-Member $35.
 
November 7 – KINGSTON – The Advocates’ Society – Kingston Pub Night. Red House, 369 King St E, Kingston ON. 5:30pm-7:30pm. Open to TAS Members, Non-Member Lawyers, and Law School and Articling Students.
 
November 11 – TORONTO – Ontario Bar Association – Dinner with Senior Estate Planners. OBA Conference Centre, 20 Toronto Street. 5:30pm Registration. CBA Member $97. Student Member $45. Non-Member $147.
 
November 13, 2019 – TORONTO – The Advocates’ Society – Young Advocates’ Social. Pravda Vodka House. 6:00pm. Your business card is your ticket.
 
November 14, 2019 – TORONTO – The Advocates’ Society – Class Actions Bench and Bar Reception. The Advocates’ Society 2700-250 Yonge Street. (Registration not open yet – Save the Date)
 
November 14 – TORONTO – Toronto Lawyers Association – Billiards with the Bar (fundraiser for Lawyers Feed the Hungry). The Rivoli, 334 Queen Street West. 6:00pm-10:00pm. $60.00
 
November 17, 2019 – TORONTO – The Advocates’ Society – Santa Claus Parade Party. Campbell House Museum, 160 Queen Street West. 12:30pm-3:00pm. Members Only Event. $25 per family + HST.
 
November 21 – TORONTO – Ontario Bar Association – Award of Excellence in Civil Litigation Dinner (Guy Pratte) The Ritz-Carlton Ballroom, 181 Wellington Street West. 6:00pm Registration. CBA Member $195. Non-Member $230.
 
November 27 – TORONTO – The Advocates’ Society – Estates Litigation Bench and Bar Reception. The Advocates’ Society Offices, 2700 – 250 Yonge Street. (Save the Date – Registration not open yet).

Know of any other upcoming social or networking events for lawyers? Let us know! .......And we hope to see you at some of these events soon!

(Please double check dates/times/locations/prices directly on the associations’ websites as this information may change).

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Ethics of Freelance Lawyering: Is There Ever an Ethical Duty to Hire a Freelance Lawyer?

9/9/2019

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This is the fourth post in our series on the “Ethics of Freelancing” series. The previous posts in the series were on: "The Duty of Confidentiality"; "Avoiding Conflicts of Interest"; and "Marking-Up Freelance Lawyers' Fees". This post examines when a lawyer might have an ethical duty or obligation to engage the services of a freelance lawyer.
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“Competent Lawyer”

Rule 3.1-2 of Ontario’s Rule of Professional Conduct (and similarly the Rules of Professional Conduct in other provinces), requires that: “A lawyer shall perform any legal services undertaken on a client's behalf to the standard of a competent lawyer.”

Rule 3.1-1 sets out a list of skills and attributes of a “competent lawyer” including:
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  • “communicating at all relevant stages of a matter in a timely and effective manner”;
  • “performing all functions conscientiously, diligently, and in a timely and cost-effective manner”; and
  • “recognizing limitations in one’s ability to handle a matter or some aspect of it, and taking steps accordingly to ensure the client is appropriately served”.

A lawyer’s ability to competently handle files may diminish when overextended with excessive legal work – putting the lawyer at risk of breaching the Rules of Professional Conduct. Busy law firms or sole practitioners can mitigate against potential ethical pitfalls by outsourcing to a qualified freelance lawyer if they become overextended with legal work and become unable to meet their client demands in a timely, effective, and cost-effective manner.
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If proper procedures are followed, outsourcing work to a qualified freelance lawyer is one way to ensure that a hiring lawyer or hiring law firm is meeting its ethical obligations to its clients. By engaging the services of a freelance lawyer, the hiring lawyer increases efficiency and productivity while also reducing costs. This improves the overall quality of representation that the hiring lawyer provides to their clients!

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Lawyers Looking for Leads: September & October Networking Events

8/14/2019

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​We know you are all having a relaxing summer, but it is never to early to start thinking about attending some lawyer networking events in the fall!

We've compiled a list of upcoming social and networking events over the next couple of months to help you build your personal network and find potential referral sources: 

​September 10 - TORONTO - Law Society of Ontario - Opening of the Courts & Reception. 361 University Ave, Courtroom 6-1 at  3:30pm - followed by a reception at Convocation Hall, 130 Queen Street West. Open to members of the judiciary, lawyers and paralegals (articling/law students welcomed too). 

September 12 – TORONTO – The Advocates’ Society – Young Advocates’ Pub Night. Hothouse Restaurant and Bar, 35 Church Street. 6:00pm. Your business card is your ticket. Open to TAS Members and Non-Member lawyers, articling students, and law school students.

September 12 – OTTAWA – County Carleton Law Association – Opening of the Courts and CCLA Grand Reopening Reception. Ottawa Courthouse, 161 Elgin Street. 4:30pm
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September 12 – LONDON – Middlesex Law Association – Opening of the Courts & Reception. Museum London, Community Gallery. Procession leaves the Court at 5:00pm.  

September 12 - SUDBURY - The Advocates' Society (Young Advocates' Standing Committee) / Sudbury and District Law Association - Trivia Challenge. La Formagerie, 80 Elgin Street. 5:30 pm. $15 per lawyer, free for students.

September 16 - TORONTO - Ontario Bar Association - Women Lawyers Forum - Mix & Mingle. OBA Conference Centre, 20 Toronto Street. 5:30pm-8:30pm. $25.00

September 19 – TORONTO – Ontario Bar Association - Young Lawyers Division (Central) – Fall Social and Speed Networking. OBA Conference Centre 20 Toronto Street. 6:00pm-9:00pm. $20.00 Registration Fee.

September 20 – LONDON – Middlesex Law Association – The Women’s Innovation and Networking Event (WINE).  The London Club. 4:30pm-6:30pm. Members $55. Non-Members $75.

September 24 – OTTAWA – County Carleton Law Association – Annual Golf Tournament. GreyHawk Golf Club, Cumberland. 2:30pm. $141.25 (golf + BBQ Reception) $60.00 (just BBQ Reception).

September 25 – TORONTO – Young Women in Law – Speed Mentoring Event. McCarthy Tetrault 66 Wellington Street W, Suite 5300. 5:30pm. $40.00 for Members. $45 for Non-Members.

September 26 – BRANTFORD – Brant Law Association – Annual Golf Tournament. Northridge Municipal Golf Course, Brantford. 12:00. $80 (Golf, Lunch & Dinner) $30 (Dinner only).

October 3 – HAMILTON – Hamilton Law Association – Commercial Litigation Dinner. Lo Presti’s, 165 Jackson St. E. Hamilton. 5:30pm. $100.00.

October 3 - TORONTO - Ontario Bar Association - An Evening of Networking and Mentoring with Top Women Litigators. Dipchand LLP, 401 Bay Street, Suite 2100. 5:30pm registration. OBA/CBA Member: FREE. Non-Member:$15.00

October 10 – TORONTO – The Advocates’ Society / Ontario Bar Association – Retirement Dinner for The Honourable Heather J. Forster Smith. Arcadian Court 401 Bay Street. 5:30pm Registration. $200.00 (tax included). Black Tie Optional.

October 23, 2019 - TORONTO - The Advocates' Society 10+ Standing Committee - Mid-Career Mingle, for lawyers 8-18 years of call. Walrus Pub and Beer Hall, Pong Bar 187 Bay Street. Free for Members. 

October 29 – TORONTO – Ontario Bar Association – Award of Excellence for Alternative Dispute Resolution. OBA Conference Centre, 20 Toronto Street. 5:30pm Registration. CBA Member $110. Non-Member $140. Student Member $60.

October 30 – TORONTO – Women’s Law Association of Ontario – 100th Anniversary Gala. The Carlu, 444 Yonge Street. Dress Code: Formal. 6:00pm. Member $185. Non-Member $225.

Know of any other upcoming social or networking events for lawyers? Let us know! And we hope to see you at some of these events soon.

(Please double check dates/times/locations/prices directly on the associations’ websites as this information may change).

Photo by Jens Johnsson on Unsplash
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Erin Cowling featured in Managing Partner Series

7/5/2019

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​Flex founder Erin Cowling was delighted to participate in the Young Women in Law Managing Partner Profile Series.

You can read Erin's profile here. 
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The Ethics of Freelance Lawyering: Marking-Up Fees

7/5/2019

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Lawyers and law firms who hire Flex freelance lawyers often ask us: How do I bill out the freelance lawyer’s time or cost to my client?

In response we have drafted our own “How To Guide: Billing Out & Marking-Up Flex Freelance Lawyers’ Fees to Clients” based on our research and analysis.  

While we recommend you review the full Guide, we know you are busy lawyers (!) so the short answer is that there are several options on how to bill out the cost of a freelance lawyer to a client:

1) pass the direct cost of the freelance lawyer to the client as a disbursement (although our courts discourage categorizing a freelance lawyer’s cost as a disbursement when seeking a costs award or on a costs assessment, noting that they should be characterized as legal fees (see cases in the Guide));

2) pass the cost of the freelance lawyer on to the client as legal fees at the same rate the hiring firm or hiring lawyer paid the freelance lawyer;

3) pass the cost of the freelance lawyer on to the client as legal fees and mark-up the rate paid by the hiring firm or hiring lawyer (note: you cannot mark up a disbursement); or

4) the hiring lawyer absorbs the cost themselves.

The most common question we receive is with respect to #3: Is it ethical for the hiring lawyer to mark-up the freelance lawyer’s legal fees before passing them on to the client?

After reviewing the analysis and research in our Guide, we’ve concluded that nothing in the Rules of Professional Conduct, legislation, or case law prohibits a mark-up of a freelance lawyer’s fees, as long as the mark-up is passed along as legal fees, and not a disbursement. The overarching principle and governing rule being that the ultimate fee charged to the client must be “fair and reasonable” in accordance with Rule 3.6-1 of the Rules.

This makes sense, as there is no denying that employee associates are a law firm’s main profit centre. It would be unfair to prohibit lawyers or law firms who do not have the resources to hire full-time employee associates from using independent contractor associates (i.e. freelance lawyers) as profit centres. Admittedly employees have corresponding overhead costs that independent contractors do not, however, law firms mark-up employee associates’ rates above and beyond those costs. Also, in both scenarios, the employee associate and the independent contractor associate (freelance lawyer) are working under the supervision of a lawyer or law firm that is taking responsibility for the work completed by the associate.

Bottom line: the employment relationship between the associate and the hiring lawyer or law firm should have no bearing on the ultimate fee that the client pays for that associate’s time.

It is less clear whether a hiring lawyer must obtain consent from the client before marking-up a freelance lawyer’s fees.

Once again, nothing in the Rules or in case law advises that clients must consent to any fee mark-up.  This is understandable as law firms with employee associates are not required to seek consent from their clients to bill out their associate’s time at $350/hr when that associate is taking home only $90/hr.

However, there is a 20-year-old comment in a letter (see p.6 of the Guide) from the Professional Conduct Committee of the Law Society of Upper Canada (now the Law Society of Ontario) advising that the mark-up must be revealed to the client and the client must consent.

Respectfully, we disagree with this position. The compensation paid by the hiring firm to their associates (either full-time or freelance) is “irrelevant”[1] and the overall concern should be whether the fee charged to the client is “fair and reasonable”. Requiring lawyers and firms who use independent contractor lawyers (often solo and small firm lawyers) to meet the additional burden of revealing the mark-up and seeking out their client’s consent (something large firms are not required to do) is unfair and discriminatory. Profit from providing legal services is both appropriate and expected of both large and small firms.

However, despite disagreeing with the position, in order to be in full compliance with the only commentary from the Law Society on this issue, we recommend obtaining the consent of the client before marking-up the fees. Hiring lawyers already need consent from the client to engage the freelance lawyer and to provide the client’s confidential information to the freelance lawyer. When obtaining this preliminary consent (most often in a clause in the initial retainer) the hiring lawyer can add a reference to the mark-up (a sample is provided in the Guide).

We hope this answers your questions on the ethics of marking-up a freelance lawyer’s fees, if not, please review the full Guide or contact us!
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This is the third post in our series on the “Ethics of Freelance Lawyering”. The first two posts were on the Duty of Confidentiality and Avoiding Conflicts of Interest.

Note: This article provides an overview only for informational purposes and does not constitute legal advice. 
 
[1] See Willowrun Investment Corp. v. Greenway Homes Ltd.  (1987), 21 CPC (2d) 129 (Ont HC), [1987] OJ No 803, appeal dismissed [1987] OJ No 1020 (CA) (discussed in detail in the Guide).

Photo by pina messina on Unsplash
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Lawyers Looking for Leads? July and August 2019 Networking Events

6/17/2019

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Lawyers’ busy lives might be winding down a bit for the summer (hopefully), but there are still a few opportunities to network with fellow lawyers and potentially find some new connections.

We've compiled a list of upcoming social and networking events over the next couple of months to help you build your personal network and find potential referral sources: 

JULY 8, 2019 – HAMILTON – Hamilton Law Association’s Summer Social. The Terrace of The Hamilton Club. 5:30-7:30 pm. No need to RSVP, just drop by.

JULY 18, 2019 – BRANTFORD – The Brant Law Association After Hours Social. Brantford Golf & Country Club – Patio. After 5:00pm. No RSVP required.

AUGUST 14, 2019 – HAMILTON – Hamilton Law Association. New Lawyers’ Meet’n Eat. The John Sopinka Courthouse 7th Floor Jurors’ Lounge 12:30pm-2:00pm. $5.00 Pay in advance or at the door.

AUGUST 15, 2019 – BRANTFORD – The Brant Law Association After Hours Social. Brantford Golf & Country Club – Patio. After 5:00pm.  No RSVP required.

AUGUST 19, 2019 – LONDON – Middlesex Law Association. Annual Golf Tournament. Highland Golf Club.

AUGUST 19, 2019 – RICHMOND HILL – Women’s Law Association of Ontario/Canadian Association of Women Executives and Entrepreneurs. 18th Annual Deb Snead Memorial Golf Event. Putting Clinic:12:30 Golf: 2:00pm Reception: 4:30pm. Dinner: 6:00pm.

AUGUST 20, 2019 - TORONTO - Young Women In Law - 2019 Articling Student Welcome Drinks, The Walrus 187 Bay Street 6:00pm-8:00pm *Free for Articling Students* Reserve your spot. 
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AUGUST 28, 2019 – TORONTO – Toronto Lawyers Association. TLA Summer Patio Pub. The Porch, 250 Adelaide St. W. 5:30pm-7:30pm. Lawyers Only. Members: Free. Non-Members: $20.00.

Know of any other upcoming social or networking events? Let us know! And we hope to see you at some of these events soon.

(Please double-check dates/times/location/prices directly on the associations' websites as this information may change).
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Ethics of Freelance Lawyering: Avoiding Conflicts of Interest

5/24/2019

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This is the second post in our series on the “Ethics of Freelance Lawyering”. This post examines best practices to avoid conflicts of interest while freelancing or when hiring a freelance lawyer. (Our first post was on Confidentiality)

What should Freelance Lawyers do to Avoid Conflicts of Interest?
Avoiding conflicts of interest is an important duty for all lawyers, especially freelance lawyers who by nature are working for a number of lawyers or law firms with a number of end-clients.

Rule 3.4-1 of the Law Society of Ontario’s Rules of Professional Conduct outlines a lawyer’s “Duty to Avoid Conflicts of Interest”:

3.4-1 A lawyer shall not act or continue to act for a client where there is a conflict of interest, except as permitted under the rules in this Section.

Conflict of interest is defined under Rules 1.1-1:

“Conflict of Interest” means the existence of a substantial risk that a lawyer’s loyalty to or representation of a client would be materially and adversely affected by the lawyer’s own interest or the lawyer’s duties to another client, a former client, or a third person. The risk must be more than a mere possibility; there must be a genuine, serious risk to the duty of loyalty or to client representation arising from the retainer.

Each province has a similarly worded rule, as does the Federation of Law Societies of Canada’s Model Code of Professional Conduct.

All our freelance lawyers who take on legal work are called to the Bar in at least one province in Canada and licensed with the law society or regulator of that province. This means that they all must abide by any applicable Rules or Code of Professional Conduct.

To abide by the Rules, a freelance lawyer cannot work on projects for different firms where the end-clients could be deemed to be adverse in interest to each other. Likewise, a freelance lawyer cannot assist one firm in a matter substantially related to (or the same as) a previous matter formerly handled for a different firm where the former and current client have materially adverse interest to each other.

The Law Society of Ontario provides best practices when hiring a “Contract Lawyer (or Paralegal)” to act as a locum for lawyers who take extended leaves from their solo practice.[1] While this is a different situation than freelancing (locums or contract lawyers “step into the shoes” of the hiring lawyer and work directly for and represent the end-client; freelance lawyers work remotely, only under the supervision of the outsourcing lawyer, and with likely no end-client contact), the LSO provides the following indirect guidance:

The same rules apply to the Contract Lawyer or Paralegal and to the contracting firm/lawyer/paralegal. The Contract Lawyer or Paralegal must set up a system to check for conflicts prior to working on the contracting firm/lawyer/paralegal's files. A Contract Lawyer or Paralegal needs to keep a list of clients to whom he or she has provided legal services during all Contract Lawyer or Paralegal projects. The Contract Lawyer or Paralegal must ensure that no conflict exists between his or her present clients and those to whom the Contract Lawyer or Paralegal provided legal services during all past Contract Lawyer or Paralegal arrangements or in his or her separate practice, if one exists.[2]

Therefore, to avoid the potential for conflicts, freelance lawyers maintain a list of current and former lawyer/law firm clients and the name of the end-clients those firms are assisting. Before commencing any project, a freelance lawyer will complete a “conflicts check”, just like any other lawyer taking on work.

What can Outsourcing Lawyers do to Avoid Potential Conflicts When They Hire Freelance Lawyers?
In the United States, the American Bar Association has provided helpful assistance for best practices for outsourcing legal work to freelance lawyers, including information on avoiding conflicts of interest. According to “ABA Formal Opinion 88-356 – Temporary Lawyers”, the analysis of whether conflicts are imputed as between a freelance lawyer and a hiring firm turns on whether the freelance lawyer is deemed to be “associated” with the hiring firm. The most important factor to determine “association” is whether the freelance lawyer has access to information related to the representation of firm clients other than the client on whose matters the freelance lawyer is working.
 
Courts in Canada have also confirmed the presumption of imputed knowledge between partners and associates at the same firm[3] and where lawyers work in “association” but hold themselves out to the public as a law firm (without taking the required steps to inform the public that the lawyers have separate practices, take proactive steps to avoid conflicts, etc.).[4] Neither of these situations apply where the freelance lawyer is brought on only to work on one particular aspect of a file, under the supervision of the lawyer, works remotely, does not have access to the other files at the firm, does not appear on the firm’s website or letterhead, etc.

Best Practices
Best practices dictate that freelance lawyers should only have access to the file or files they are assisting with or only the documents necessary for completion of the agreed upon projects. The freelance lawyer should not have access to any other files belonging to the outsourcing law firm. By limiting access to only the documents needed for the task at hand, the freelance lawyer is denied access to files that could create an association or potential for conflicts. Fortunately, technology is available for file sharing or remote access to only specific files or documents.

Freelance lawyers should also have a freelance lawyer agreement in place outlining the specific duration of the project and scope of work and clarifying that the freelance lawyer is an independent contractor and not practicing in association with the firm.

What about Flex Legal? Does it check for conflicts?
Flex Legal is not a law firm and is not retained on any of the projects, nor is anyone who manages Flex. While Flex works closely with lawyers or law firms who hire our freelance lawyers to ensure quality control and satisfaction with the work produced, Flex does not have access to any of the confidential documents, information, or work products. This eliminates the potential for conflicts of interest to arise.

Hope this helps clarify any questions you may have about conflicts of interest and freelance lawyering. If not, please feel free to contact us!
 
[1] See “Tips for Hiring a Contract Lawyer”, Law Society of Ontario website: https://lso.ca/getdoc/ab5868f6-8b2b-424f-b4d0-42d7063b004b/tips-for-hiring-a-contract-lawyer-or-paralegal
[2] See https://lso.ca/getdoc/d528d5ae-10c1-4f2c-8650-5b32c8c91417/ethical-issues-and-practice-management
[3] MacDonald Estate v. Martin, [1990] 3 SCR at 1235.
[4] Jajj v 100337 Canada Ltd 2013 ONSC 5743, Performance Diversified Fund v Flation GP Group, 2016 ONSC 1133 (DIv Ct).

Note: This article provides an overview only for informational purposes and does not constitute legal advice. 

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Flex Legal's President Appointed as Regional Alumni Advisor (Toronto) for the University of Ottawa Faculty of Law

4/29/2019

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Flex is thrilled to announce Erin Cowling's appointment as Regional Alumni Advisor (Toronto) for the University of Ottawa's Faculty of Law (Common Law). Through this role Erin will serve the Common Law alumni community in Toronto and support recent graduates through the provision of confidential workplace and career advice and alumni outreach. 

See the announcements in Precedent A-List and The Lawyer's Daily. 
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Lawyers Looking for Leads? Networking Events: May and June

4/18/2019

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It is awards season for lawyers, which means there are a lot of upcoming social and networking events to attend in Toronto, Ottawa, and London!

​We've compiled a list to help you build your personal network and find potential referral sources: 

MAY 1, 2019 – OTTAWA – OBA Young Lawyers Division. A Springtime Evening with The Honourable Justice Malcom Rowe of the Supreme Court of Canada. The Rideau Club. 5:00pm Registration. CBA Member $35.00. Non-Member $45.00

MAY 1, 2019 – TORONTO – Women’s Law Association of Ontario – Articling Chapter. Champagne & Shop. The Hudson’s Bay 176 Yonge Street. 6:00pm-9:00pm. Articling Students and WLAO Members $30.00. Non-Members $40.00.

MAY 2, 2019 – TORONTO -Toronto Lawyers Association – 7th Annual Bench & Bar Young Lawyers Soiree. TLA Lawyers Lounge, 2nd Floor, 361 University. 5:00pm Registration. 5:30pm-7:30pm. This event is for lawyers called to the Bar in the past 10 years as well as articling students and law students. Members and Judiciary FREE. Non-Members $20.00

MAY 2, 2019 – LONDON – The Advocates’ Society London Pub Night. 5:30pm. The Squire Pub and Grill. This event is open to members, non-member lawyers and law school and articling students. FREE. Your business card is your ticket. Register online.

MAY 14, 2019 – TORONTO – OBA Class Actions Section Spring Social. PwC Canada 18 York Street, Suite 2600. 6:00pm - 8:00pm. FREE.

MAY 14, 2019 – OTTAWA – The Advocates’ Society - The John P. Nelligan Award for Excellence in Advocacy 2019 – Shaw Centre, Ottawa. 6:00pm-10:00pm. $135.00 (members and non-members welcomed).

MAY 14, 2019 – TORONTO – The Advocates’ Society Annual Family Law Bench and Bar Reception. 2700 – 250 Yonge Street. 5:30pm Registration. FREE for members. $20.00 for non-members.

MAY 15, 2019 – TORONTO – OBA Award of Excellence in Insurance Law. Omni King Edward Hotel. 5:30pm-9:00pm. CBA Member $175. Non-Member $195.

MAY 15, 2019 – TORONTO – OBA – Young Lawyers Gala. Gardiner Museum. 6:00pm-10:00pm. CBA Member $80.00. CBA Student Member $55.00. Non-Member $100.

MAY 16, 2019 – TORONTO – OBA Women Lawyers Forum Award of Excellence in the Promotion of Women’s Equality Award Winner: Lynn McGrade. 20 Toronto Street. 5:30pm Registration. 6:00pm Dinner & Award. CBA Member $100, CBA Student Member $50, Non-Member $140.

MAY 22, 2019 – TORONTO – The Advocates’ Society – Toronto Mentoring Dinner Series (Speed Mentoring). 2700-250 Yonge Street. 6:00pm-8:30pm. Members $75.00. Non-Members $95.00.

MAY 29, 2019 – TORONTO – OBA Award of Excellence in Constitutional, Civil Liberties and Human Rights Law. 20 Toronto Street. 5:00pm Registration. CBA Member $65.00. CBA Student Member $40.00. Non-Member $95.00.

MAY 30, 2019 – OTTAWA – County of Carleton Law Association. Spring Fling Social. 4:30pm. Geneva Room, Knox Presbyterian Church, 120 Lisgar.

JUNE 4, 2019 – TORONTO – OBA Award of Excellence in Trusts and Estates Law. Four Seasons Hotel. 5:30pm Registration. CBA Member $140.00 Non-Member $170.00.

JUNE 6, 2019 – TORONTO – OBA Health Law Section Year-End Dinner and Award Presentation. 20 Toronto Street. 5:30pm Registration. CBA Member $95.00. CBA Student Member $45.00. Non-Member $145.00.

JUNE 12, 2019 – TORONTO – WLAO Annual Awards Gala. Rosewater Room. 17 Toronto Street. 6:00pm Reception followed by dinner. Member $110.00. Non-Member $125.00. Student $95.00.

JUNE 13, 2019 – TORONTO – OBA Award of Excellence in Pensions & Benefits. Cluny Bistro, Distillery District. 5:30pm Registration. CBA Member $155. Non-Member $170.

JUNE 20, 2019 – TORONTO – The Advocates’ Society End of Term Dinner. Metro Toronto Convention Centre, North Building. 5:30pm Registration. Members Only. $275.00.

Know of any other upcoming social or networking events? Let us know!

​And we hope to see you at some of these events soon.

(Please double-check dates/times/location/prices directly on the associations' websites as this information may change).
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Ethics of Freelance Lawyering Series: Confidentiality

4/5/2019

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This is the first article in our series “The Ethics of Freelance Lawyering”. The series will focus on the common questions we receive from lawyers or law firms looking to outsource their legal work. This post looks at maintaining confidentiality when freelancing.
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How do freelance lawyers maintain their duty of confidentiality?

In Ontario, Rule 3.3-1 of the Rules of Professional Conduct sets out the duty of confidentiality. This means a lawyer at all times must: 
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​hold in strict confidence all information concerning the business and affairs of the client acquired in the course of the professional relationship and shall not divulge any such information unless (a) expressly or impliedly authorized by the client; (b) required by law or by order of a tribunal of competent jurisdiction to do so; (c) required to provide the information to the Law Society; or (d) otherwise permitted by the rules. (i.e. justified or permitted disclosure).

Each province has a similarly worded rule, as does the Federation of Law Societies of Canada’s Model Code of Professional Conduct.

All of Flex’s freelance lawyers who take on legal work are called to the bar in at least one province in Canada and licensed with the law society or regulator of that province. This means that they must abide by any applicable Rules or Code of Professional Conduct. Therefore, they are required to honour their duty of confidentiality, just like any other lawyer. So, in short, they keep the information they receive in strict confidence!

As a lawyer who hires a freelance lawyer how do I maintain my duty of confidentiality?

Lawyers should obtain consent from their client before disclosing any of their client’s confidential information to a freelance lawyer. Often law firms who use freelance lawyers include a clause in their retainer agreement and explain to their clients that from time to time, in order to keep legal costs down, they may employ the use of a freelance lawyer and that the client consents to their information being disclosed to the freelance lawyer for that purpose. Clients are happy that their lawyers are seeking out ways to minimize their legal fees. They just need to know where their information is going.  (If you would like to see a sample clause for your retainer, please contact us.)

What about Flex Legal? 

Flex Legal does not have access to any confidential information or documentation relating to the matters worked on by the freelance lawyers in our network.  We only obtain general information from our lawyer clients (i.e. they need assistance with drafting summary judgment motion material or a factum for an interlocutory injunction, etc.) before we match the lawyer client with a freelance lawyer. 

Make sense? Still have questions? Let us know!

Stay tuned for the next post in this series on "Conflicts of Interest".

Note: This article provides an overview only and does not constitute legal advice. 
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Flex Legal Network Inc. ("Flex Legal") is not a law firm. Flex Legal is a company that matches freelance lawyers/law clerk members of our network with law firm/lawyers in need of freelance services. Flex Legal's network of freelance lawyers practice independently and not in an association or other relationship for the joint practice of law.  Flex lawyers do not provide legal services to the general public. Each lawyer is solely responsible for her or his own work product and general business activities to the exclusion of any other lawyer and Flex Legal. The information provided in this website should not be construed as legal advice. Transmission of information from this website is not intended to create, and its receipt does not constitute a solicitor-client relationship with Flex Legal or any of its individual network lawyers or personnel. Use of Flex Legal services does not establish a solicitor-client relationship. Flex Legal will protect the confidentiality of information, but information you provide to Flex Legal may not be afforded legal protection as solicitor-client communications. Flex Legal expressly disclaims all liability in respect to actions taken or not taken based on any or all of the contents of this website. See also our Privacy Policy.
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