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Tera: Hello, we are pleased to welcome you to the Set Yourself Up for Success in a new Sole Practice webinar. Let's begin with some introductions. I am Tera, Manager of the Practice Management Team, and joining me are Practice Management Council Donna, Karen, and Myra.

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Tera: We want to acknowledge that we live and work on land where Indigenous peoples have lived since time immemorial, and we are honoured to share this land with them. We acknowledge the many First Nations, Metis, and Inuit.

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Tera: who have lived in and cared for these lands for generations. We are grateful for the traditional knowledge keepers and elders who are still with us today, and those who have gone before us. We make this acknowledgement as an act of reconciliation and gratitude.

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Tera: Although this webinar is primarily intended for those who are setting up, or thinking about setting up a new Sole Practice, we understand that there may be some listeners who may be at different stages of their Sole Practice journey. We hope you leave with some key takeaways today.

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Tera: As you can see, we have quite the roadmap here, and we will each be covering a couple of these topics today.

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Tera: The mandate of the Law Society is to protect the public interest. In practice management, we further this mandate by working with and supporting lawyers in their practices. We are committed to our roles, and we will walk you through the considerations and steps for opening a sole practice.

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Tera: We will try to breathe life into the resources, act as interpreters for the Code of Conduct and Rules, and provide context through examples as much as possible.

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Tera: We have included numerous links in the PowerPoint for further reference.

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Tera: The overall goal is to highlight key rules, obligations, and best practices. We want to help you build ethical infrastructure in your practice by creating and maintaining key processes to meet your obligations and keep your practice organized.

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Tera: Now, Karen will start us off with some general considerations for opening your Sole Practice.

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Karyn: Okay, first let's start with general considerations for opening your Sole Practice Before you take this bold step, it's really important to ask yourself a number of honest questions to ensure you are prepared.

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Karyn: Being a sole practitioner goes well beyond just being a good lawyer who understands the law. You must be able to run a business. We all have strengths and weaknesses, and we excel in some tasks and find others unappealing or challenging.

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Karyn: In reviewing all of our materials and those from various law societies across the country, one theme emerges. Ask the right tough questions before you leap.

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Karyn: An owner-lawyer will be faced with client demands, time limitations, conflicting deadlines, and non-client demands. You must be an effective leader. Does that land with you?

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Karyn: Work will not be placed on your plate in comfortable, consistent bites. Sometimes you will be drinking from a hose. Are you okay with this?

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Karyn: What do you hope to achieve? How will you define success?

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Karyn: Cash flow will be uncertain at times. Are you okay with that uncertainty?

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Karyn: What is your tolerance for constant pressure, not just on files, but on the administrative side of practice?

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Karyn: Are you okay missing out on the social aspects of a firm? From coffees to office parties to being able to walk down the hall, are you prepared to be on your own?

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Karyn: Now, weigh that against your why. Why is this important to you?

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Karyn: Do you have family obligations or medical issues that you need to balance that make it hard to be in a firm? Do you need more flexibility?

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Karyn: Have you found that a firm environment is just not right with your personality?

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Karyn: Do you want to choose your own clients and have more control over your decisions?

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Karyn: Do you actually like administrative work?

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Karyn: Are you ready to build something hard?

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Karyn: And important, on your own.

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Karyn: Starting your own firm is an exciting, rewarding adventure if you prepare properly at the outset. And remember, the first year will be hard. And that's okay. You've gotten this far, and you can do this.

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Karyn: You'll see we've linked you to a new resource entitled, Opening a New Law Firm. A lot of what we touch on can be found in way more detail there, so do not fear. We have you covered.

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Karyn: Now, once you've decided that this is the right path for you, it's really important to build a plan.

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Karyn: Define a framework for your practice, looking at practice area, target client, and where you want to build your firm.

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Karyn: Practice area. In terms of what you practice, we so often see new firms try the scattergun approach. You are obligated to be competent in all areas you practice, which is why we recommend sticking to one, maybe two areas of law.

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Karyn: We hear some terrible stories of new firms feeling the financial pressure to take on files which they have no business taking on, and that can lead to serious regulatory intervention. You don't want that.

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Karyn: Be good at a few narrow areas, rather than being a master of none. Be known for something clear and defined.

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Karyn: You owe a duty to your clients to be competent at the work you take on. You must be confident in the services you offer.

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Karyn: Now your target client. Visualize this client.

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Karyn: What does your chosen practice area, market research, personal interests, skills, previous experiences, professional networks tell you about your target client? What legal services do your target clients want and value?

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Karyn: Do you have colleagues, friends, or family who can introduce you to potential target clients?

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Karyn: Now, where will you practice?

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Karyn: If you are putting down roots, are you starting in a community in which you want to live long-term?

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Karyn: If you are moving somewhere to start a firm, does the market have room for you? Are you going to work at home?

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Karyn: You need a confidential private space to ensure you meet code obligations of confidentiality.

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Karyn: If you have to meet clients at times, where will that be? Do you need to secure a meeting room space?

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Karyn: Do you want to have a physical office? What is easiest for you, your clients, and staff in terms of location and parking?

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Karyn: As you envision your space, how will you set yourself up? Will you use paper files or operate electronically?

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Karyn: Once you have looked at these questions closely, you must take steps to build a business plan, a formal statement of business goals and the plan for reaching these goals. This should include, at the very least, a mission statement and a budget.

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Karyn: Now, building a budget shows you how much all this costs. We've broken this up into immediate startup costs, initial one-time expenditures, and then ongoing ones, which will become your overhead.

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Karyn: Unless you have savings or another source of funds, you may need to secure financing as you start up. You will be paying out a lot, and not a lot might be coming in until you are settled.

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Karyn: It is important to actually build a budget. You need to have a sense of what you are spending versus how much income you will earn.

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Karyn: Starting up, out of the gate, you will need…

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Karyn: Technology, computers, printers, copiers, scanners, the basics.

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Karyn: Storage, backup, IT costs.

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Karyn: Software. You'll be committing to practice management or accounting software.

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Karyn: Equipment.

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Karyn: Office space or meeting space?

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Karyn: Introductory market costs. Think website.

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Karyn: Now, ongoing expenses will include LSA fees, ALEA fees, possibly the civil litigation filing fee.

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Karyn: accountants and or bookkeeper's fees, rent if you have a space, staff salaries and benefits, equipment leases, landline, cell phone, or voice-over internet. You will need Wi-Fi and ongoing subscriptions. Maybe practice-specific software. Maybe AI.

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Karyn: Consider GST and taxes.

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Karyn: Insurance. What other types of insurance will you need? Please note that staff misappropriation is not covered by ALEA, so also consider if you need excess insurance.

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Karyn: Having a good budget, which is nimble and ready for adjustments, will reduce stress in these early days.

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Karyn: Next, let's consider how you set yourself up.

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Karyn: You have a number of choices to make when you structure your law firm. The two primary considerations are, what is the best structure to shield yourself from personal liability, not including professional liability, and which structure best addresses the foreseeable tax consequences of your practice?

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Karyn: Consider the liability and business implications of the various entity types that are suitable for your practice, and get some accounting advice early to truly understand the best options for you. First, let's discuss sole proprietorship.

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Karyn: What it is, you own and operate your business as an individual without incorporating a separate legal entity.

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Karyn: Pros. You have full control over decision making and management. It's low cost to start up, with fewer formal registrations, like LLPs or PCs.

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Karyn: Now, cons, the buck stops with you. You are personally liable for claims arising out of the practice, putting personal assets at risk.

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Karyn: You also have to finance this yourself or get loans, which can be tough.

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Karyn: Best for.

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Karyn: You should be self-reliant, able to market yourself well, and prepared to manage administrative details.

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Karyn: You will be the responsible lawyer of the firm in terms of trust accounting obligations. We will cover that in more detail later, and you might hear us call that an RL, an important term to know.

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Karyn: You are okay with risk, and you like autonomy.

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Karyn: Now, if you do want to be around other lawyers, but still running your own firm, consider practicing an association. What it is.

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Karyn: This is when a group of independent sole practitioners decide to operate their own separate practices from the same location. This can present in many situations, where each lawyer is on a lease, and you share rent or other expenses, or…

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Karyn: A lawyer or law firm can rent space to another lawyer or law firm, or you rent in a co-share executive space.

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Karyn: Consider.

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Karyn: Do you share the same standards? And do you trust the folks with whom you will share space?

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Karyn: Each lawyer will have their own responsible lawyer status, which means you have control of your own trust account.

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Karyn: The sharing of a trust account is possible under narrow circumstances, and it's certainly not possible if you are practicing real estate.

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Karyn: You must clearly identify your practice relationship for your clients.

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Karyn: Now, pros. You have someone of whom to bounce ideas, and while you run your own ship, you are not alone.

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Karyn: Cons.

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Karyn: A member of space sharing can be exposed to some limited ALEA coverage related to negligence or fraud, public liability, tenants' liability, or trade debts.

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Karyn: A group of independent practitioners are considered a firm under the code, in terms of conflicts and confidentiality. A conflict system must exist between the various practices.

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Karyn: And you owe a duty of confidentiality to your clients, and cannot share client information with anyone other than your staff.

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Karyn: Consider how your client's information is safe, say, if you share a receptionist, or share a photocopier.

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Karyn: If it looks like a practice, and acts like a practice, be careful. Courts will likely treat it as one in determining liability to third parties, irrespective of the internal arrangements.

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Karyn: This means you must make sure there is a written agreement setting out the arrangement, including mutual indemnities in case partnership-like liabilities are imposed.

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Karyn: In points to Consider, we've linked you to a great resource from our startup kit that has 31 considerations when building an agreement for lawyers sharing space. Really worth a look.

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Karyn: If sharing space with non-lawyers, remember, you cannot pay referral fees to non-lawyers, nor can you divide your fees with non-lawyers. You cannot accept a finder's fee unless you disclose it to your client.

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Karyn: Now, this is best for… you want the mix of feeling somewhat like a firm, but you are responsible for your own business.

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Karyn: Next, a way you can organize yourself personally is through a professional corporation.

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Karyn: What it is.

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Karyn: A PC is a separate legal entity through which legal services are provided. Rules are applicable. This is not an ordinary corporation. Lawyers seeking a PC require articles approved in advance by the LSA through a permit application.

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Karyn: Once you are registered provincially, you will then pay annual LSA dues for your PC.

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Karyn: To be clear, You do not require a PC to operate your law firm.

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Karyn: This is a way to structure your own planning. It is not a prerequisite to launch, as is a responsible lawyer for a firm.

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Karyn: Pros. A PC is really more of a tax planning tool, so if you form one, you should truly understand it to best use it to your advantage. There may be tax deferral benefits after income has been generated.

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Karyn: Cons. There are administrative and regulatory requirements. There's a lot of compliance, from annual returns, filing a T2 for the corporation in addition to your personal return, and understanding how you withhold when you pay yourself a salary, and how to document dividends.

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Karyn: I've linked you to more information about PCs and the LSA registration requirements and annual renewals and fees. Again, approval from the LSA must be obtained prior to registering or amending a PC.

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Karyn: And to be crystal clear, lawyers are not permitted to incorporate to escape professional liability. Now, this is best for

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Karyn: A PC is appropriate for those who are earning enough income to save some of that income and earn some tax advantages.

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Karyn: Finally, while we are focused largely on opening a Sole Practice, let's touch briefly on partnerships and limited liability partnerships, in case that is where you land.

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Karyn: What it is, a partnership consists of two or more individual lawyers and or PCs jointly carrying on a business as the proprietors of a single law practice.

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Karyn: A limited liability partnership is a partnership that complies with the LLP provisions of the Partnership Act and has registered as an LLP with the LSA and Alberta government.

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Karyn: The difference is in the name. A general partnership exposes partners to much more liability, whereas the LLP structure offers some protective limits in certain parts of the business for partners. This matters in law, which is why we see so many LLPs.

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Karyn: We could do a whole hour on this, but as it's not our focus today, we've just linked you to more resources on this slide. The membership department can help you with LLPs.

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Karyn: The bottom line is this takes some thought, how you organize on your own and with others. And you need some accounting and possibly legal advice going into this.

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Karyn: Okay, admin and reporting requirements.

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Karyn: We'll start by highlighting the critical administrative and reporting requirements. There are absolute must-dos. You must be an active member of the Law Society to practice, and you must have insurance. There are a lot of important dates to remember, and now that all falls to you.

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Karyn: In this period where you are leaving a firm, where these things are often handled for you, or if this is all just brand new to you, you can be at risk for ending up on one of those dreaded administrative suspension lists.

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Karyn: But not you viewing this webinar. You are learning, and we have resources to help keep you on track.

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Karyn: In 2026, many changes were made to future reporting dates and deadlines. We have linked you to an updated key dates page so you have all the latest information. Make it part of your yearly process to check back and confirm all key dates are correct in your calendar.

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Karyn: Here are the critical, important, administrative and reporting requirements.

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Karyn: First, get really familiar with the lawyer portal. It's imperative that you keep your portal updated with your contact and practice information. And if you need to change your status, you do this through the portal.

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Karyn: Three important deadlines are on the last day of February annually. First, LSA membership fees. You will no longer have the ability to pay in installments, but you will be able to pay by credit card with a nominal processing fee or debit card.

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Karyn: Second, remember, your first step to becoming a responsible lawyer is to apply, but then once you are an RL, you will have annual trust safety annual reporting, also due the last day of February. And finally, third, your annual CPD, also due the end of February.

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Karyn: Now, ALEA fees.

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Karyn: These will remain due on June 30th of each year.

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Karyn: Starting in 2027, you will no longer be able to pay the Aaliyah fees in installments, but again, you have a credit card and debit card option.

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Karyn: ALEA will also be introducing a refund policy similar to the Law Society's, so if your coverage needs to change partway through the policy year, you may be entitled to a prorated

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Karyn: Refund.

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Karyn: More to come on this in the new year. Also, the civil litigation filing levy may apply to you, so ensure that you understand that, and for all information related to ALEA, be sure to check out their website, and they will help you directly. Okay, that's all from me. Over to Tera.

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Tera: Thank you, Karen.

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Tera: So we'll now look at some responsible lawyer approval and accountabilities.

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Tera: I have included a link to the rules on the slides, and I would encourage you to review and become comfortably familiar with Part 5 on trust accounting and client identification and verification.

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Tera: The rules require that all law firms have a responsible lawyer, or RL, including sole practices.

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Tera: You must apply and receive approval to be designated the responsible lawyer before providing any legal services to clients.

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Tera: You can request a designation to be the responsible lawyer with approval to operate a trust account, or with an exemption from operating a trust account.

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Tera: There are, of course, many more tasks and rules associated with operating a trust account, but it also provides you with the opportunity to take retainers and handle trust funds.

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Tera: It typically takes the Trust Safety team 3-4 weeks to process these applications, so please factor this in when you are planning. You will want to get your responsible lawyer application in at the very earliest opportunity.

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Tera: Chess Safety has approved several accounting software vendors through which you can provide your annual electronic upload.

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Tera: The choice of trust safety accounting software is a key decision. To find the list of approved software choices, please see the link on Annual Reporting.

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Tera: To help make your decision, please review the considerations for choosing Accounting and Practice Management Software Resource that we have also linked.

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Tera: Now, let's move on to talk about bank accounts.

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Tera: Once you have received RRL approval from Trust Safety, you are good to open your bank accounts and start providing legal services.

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Tera: You should have your general account at the same bank as your trust account, because any bank fees related to your trust account must be directed to come out of your general. Bank fees should never come out of trust.

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Tera: General accounts are for business use only. This means it may not be used for anything personal.

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Tera: Your general account is your operating account. This is the account that you use to receive payment after legal services have been rendered, and this is also the account you use to pay business expenses out of, including paying yourself and your staff.

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Tera: General accounts do not have any client funds. This is because all funds in the general account have stopped being client funds when they enter the general account.

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Tera: You must reconcile your general bank account each month.

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Tera: The reconciliation forms part of your monthly prescribed financial records, which we will talk more about later.

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Tera: By way of example of how you need to keep personal expenses out of your general operating account.

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Tera: If you go to Costco, and you have groceries, and also office supplies for your law firm.

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Tera: You will need to separate your order at the cashier, such that your groceries are paid for from your personal account.

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Tera: And the office supplies for your law firm are paid for from your general operating account.

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Tera: Trust Safety implemented the business-only, nothing personal rule in January of 2022.

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Tera: They introduced this rule because there was too much mixing going on, and they wanted the boundaries to be clear.

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Tera: Now we'll move on to trust accounts.

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Tera: Lawyers are fortunate to be allowed to keep funds and trust on behalf of our clients.

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Tera: This allows us to be paid for the legal services we provide as we can request a retainer, and it enables us to handle client matters which involve financial payments and settlements.

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Tera: Because we are entrusted with our clients' money, there are also a lot of rules and reporting obligations that go along with this rather weighty responsibility and privilege.

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Tera: Trust accounts are pooled accounts which are comprised of client funds held for a variety of clients.

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Tera: Think of your trust account as a pie, and all of your client's trust monies are inside this pie, together.

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Tera: Each deposit must be associated with a legal service for a client.

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Tera: Conversely, each withdrawal must be Must also be related to a legal service for a client.

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Tera: Conversely, each withdrawal must also be related to a legal service for a client.

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Tera: Each client has a trust ledger to keep track of that client's funds being held in trust.

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00:31:27.000 --> 00:31:36.320
Tera: So we've talked about client funds being included in the pool trust account pie. I thought we should also talk about what should NOT be in the trust account pie.

292
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Tera: In a nutshell, any funds that are not related to client legal services should not be in the trust account pie. Should you keep monies for your office lease payment in trust? No. These funds are not related to client legal services and should not be in trust.

293
00:31:53.240 --> 00:31:56.759
Tera: These payments should be paid from your operating account.

294
00:31:57.690 --> 00:32:12.430
Tera: Should you pay for court filing fees directly out of trust? No, you should not. These payments should be paid out of your general account, and then included as a disbursement on your statement of account for the client the disbursement was incurred for.

295
00:32:13.140 --> 00:32:23.010
Tera: What else is not in the trust account pie? Interest. The interest that our trust accounts earn is redirected to the Alberta Law Foundation.

296
00:32:23.750 --> 00:32:31.869
Tera: Also, as mentioned, bank fees must never come out of your trust account, and you need to instruct your bank very clearly.

297
00:32:32.570 --> 00:32:43.459
Tera: Unfortunately, even if you are very clear in your instructions, it is almost inevitable that the bank may take bank fees out of your trust account at some point in time.

298
00:32:43.780 --> 00:32:51.909
Tera: What happens if they do? They're actually taking these fees from your clients, and inadvertently creating a shortage.

299
00:32:52.490 --> 00:33:04.679
Tera: To help counter this type of shortage, or any inadvertent shortage, you are allowed to have a maximum $500 float in your trust account for situations such as these.

300
00:33:04.790 --> 00:33:10.990
Tera: So, if… The bank does mistakenly take a bank fee from your trust account.

301
00:33:11.220 --> 00:33:16.469
Tera: They then wouldn't be taking it from your clients, they would be taking it from your float.

302
00:33:18.110 --> 00:33:34.679
Tera: When you receive a retainer for your trust account, or any funds destined for your trust account, you must deposit that retainer or those trust funds into your trust account on the same day it is received, or by the end of the next day.

303
00:33:34.780 --> 00:33:45.859
Tera: Then you must tell your software, such as Clio, Cosmalex, Leap, or Easy Law, that you have deposited a retainer to the credit of X client.

304
00:33:46.390 --> 00:33:51.689
Tera: This will be recorded on that client's trust ledger that we spoke about earlier.

305
00:33:52.440 --> 00:34:06.089
Tera: After you have performed services for your clients, and after you have provided your client with a statement of account for those services, only then can you pay yourself by moving the retainer from your trust account to your general account.

306
00:34:06.320 --> 00:34:13.569
Tera: It is a requirement to actually provide the statement of account to your client before you move the funds from trust.

307
00:34:14.460 --> 00:34:25.800
Tera: Your statement of account will include your fees for the services you performed, any disbursements that you incurred and paid from General on behalf of your client, and applicable GST.

308
00:34:25.889 --> 00:34:36.690
Tera: Your statement of account cannot include anything that is prospective or will occur in the future. It must only include those fees for services that have been rendered and disbursements incurred.

309
00:34:37.580 --> 00:34:47.790
Tera: We recommend that you use the electronic banking withdrawal form each time you withdraw or transfer funds from trust in order to capture all of the information you need.

310
00:34:48.010 --> 00:34:51.979
Tera: By using this form, you are creating a digital trail.

311
00:34:52.580 --> 00:35:06.750
Tera: Where should a copy of this electronic banking withdrawal form go? One copy should be placed in your client's file, in their financial subfolder, and one copy should go into your monthly prescribed Financial Records subfolder.

312
00:35:06.870 --> 00:35:09.070
Tera: We'll talk more about this shortly.

313
00:35:09.950 --> 00:35:19.790
Tera: So, for example, if you provide your client with a statement of account in the amount of $2,000, and you have a $3,000 retainer in trust.

314
00:35:19.940 --> 00:35:31.000
Tera: After you issue the statement of account to your client, you can then transfer $2,000 from your trust account to your general account, in order to pay the statement of account.

315
00:35:31.320 --> 00:35:37.260
Tera: And you can track this transfer from Trust to General by using the electronic withdrawal transfer form.

316
00:35:38.180 --> 00:35:43.289
Tera: In this example, you would still have a retainer of $1,000 remaining in trust.

317
00:35:43.760 --> 00:35:52.300
Tera: Another example is if your statement of account is for $1,500, and you only have a retainer of $1,000 in trust.

318
00:35:52.440 --> 00:36:02.659
Tera: After you have issued your statement of account to your client, you can then transfer the $1,000 from your trust account to your general account, and track it with the electronic banking withdrawal form.

319
00:36:02.960 --> 00:36:10.169
Tera: In this example, there is a $500 accounts receivable owing to you from your client on that statement of account.

320
00:36:10.390 --> 00:36:26.800
Tera: When your client makes the payment for the remaining $500, this payment can be deposited directly into your general account because it is a receivable connected with the statement of account that has been issued and is now owing and payable to you.

321
00:36:28.080 --> 00:36:44.629
Tera: If you do not operate a trust account, or if you do not have a retainer in trust for the client, and you issue a statement of account to your client for services rendered and disbursements incurred, then when they pay the account, their payment can go directly into your general account.

322
00:36:45.140 --> 00:36:57.390
Tera: Once you have received payment for your services into your general account, this money is available for your use to pay business expenses, to pay your staff, and also to pay yourself.

323
00:36:59.210 --> 00:37:05.359
Tera: As with your general account, you must reconcile your trust account each and every month.

324
00:37:05.510 --> 00:37:10.139
Tera: This reconciliation also forms part of your prescribed financial records.

325
00:37:10.800 --> 00:37:17.509
Tera: Trust reconciliations are very specific, and we have linked a really helpful resource in the slide deck.

326
00:37:17.960 --> 00:37:24.159
Tera: In trust safety language, trust bank reconciliations are a key internal control.

327
00:37:24.920 --> 00:37:30.989
Tera: A reconciliation compares what should be in trust based on what you have posted.

328
00:37:31.100 --> 00:37:40.220
Tera: in your books, or your accounting software, such as Clio or Cosmux, in comparison to what is stated in the bank statement.

329
00:37:40.600 --> 00:37:47.210
Tera: When you perform your monthly reconciliation and make those comparisons, they should match up.

330
00:37:47.470 --> 00:37:52.280
Tera: If they don't match up, you will need to dig deeper to figure out what is going on.

331
00:37:52.670 --> 00:38:02.409
Tera: If you do discover a trust shortage, you may have to report the shortage to the Trust Safety Department. It's important to understand the

332
00:38:05.650 --> 00:38:08.880
Tera: It's important to understand the reporting rules.

333
00:38:09.010 --> 00:38:16.390
Tera: If you have a shortage in excess of $2,500, you must report it to Trust Safety immediately.

334
00:38:17.050 --> 00:38:26.249
Tera: If you have a shortage that is less than $2,500, and you correct it within 7 business days, you do not have to report it to Trust Safety.

335
00:38:26.450 --> 00:38:31.020
Tera: But if you have a shortage of $1, and you discover this on day 8,

336
00:38:31.230 --> 00:38:33.840
Tera: You must report it to Trust Safety.

337
00:38:35.330 --> 00:38:49.400
Tera: Please note there are also special rules in relation to transfers between trust ledgers and also receiving cash payments. We are not going to discuss these today, but we did want to flag them for you, and we have also included links.

338
00:38:50.550 --> 00:38:58.529
Tera: Now let's turn briefly to the Canada Deposit Insurance Corporation, or CDIC, requirements relating to insurance for your trust funds.

339
00:38:58.640 --> 00:39:08.280
Tera: If you bank with a major bank that is not a credit union, you need to designate all CDIC-insured trust accounts as professional trustee accounts.

340
00:39:08.410 --> 00:39:18.260
Tera: You need to complete the required attestation at your bank that you qualify as a professional trustee, and you will need to annually reattest to your status.

341
00:39:19.420 --> 00:39:24.320
Tera: We have also provided a link for information on these requirements.

342
00:39:26.960 --> 00:39:43.919
Tera: I'm not going to say much about separate interest-bearing accounts, or CEBAs, except to say that they exist as an option in very specific circumstances when you might be holding significant funds and trust for a client for an extended period of time.

343
00:39:44.330 --> 00:39:50.909
Tera: Your client is entitled to the interest in a CVA, and you would need to reconcile it each month.

344
00:39:52.330 --> 00:39:58.759
Tera: Now we are going to turn our attention to some specific anti-money laundering rules and reporting obligations.

345
00:39:59.480 --> 00:40:09.249
Tera: One of the primary anti-money laundering obligations is knowing your client by obtaining client identification and, if appropriate, verification.

346
00:40:09.800 --> 00:40:13.930
Tera: We have included a link to the CIV flowchart.

347
00:40:14.340 --> 00:40:20.909
Tera: I am going to go through this really quickly right now, but please do reach out if you need further clarification.

348
00:40:22.180 --> 00:40:28.659
Tera: Starting at column 1, on the left-hand side of the flowchart, Are you providing legal services?

349
00:40:28.800 --> 00:40:45.260
Tera: If the answer is yes, move on to column 2, which says that you must identify your client, and it tells you what information you must collect in order to do so. We must always identify every client we are providing legal services for.

350
00:40:45.950 --> 00:40:51.639
Tera: Then we move on to column 3. Will you be receiving, paying, or transferring funds?

351
00:40:51.960 --> 00:40:54.659
Tera: If you answer yes to that question.

352
00:40:54.760 --> 00:41:01.300
Tera: And none of the exceptions listed apply, then you must also verify.

353
00:41:02.300 --> 00:41:14.629
Tera: If you are only receiving a retainer from your client for fees and disbursements, this is an exception, and in this situation, you do not need to verify.

354
00:41:15.980 --> 00:41:23.020
Tera: If you must verify because you said yes to column 3, and there are no exceptions.

355
00:41:23.720 --> 00:41:27.779
Tera: You then move to column 4 and verify your client.

356
00:41:28.030 --> 00:41:32.410
Tera: The flow chart provides the methods for verification.

357
00:41:33.580 --> 00:41:45.519
Tera: For example, if you are retained to complete an uncontested divorce for a client where you receive a retainer for the legal service, but no settlement funds are involved.

358
00:41:45.620 --> 00:41:54.089
Tera: You would need to identify the client, but not verify, because a retainer for fees and disbursements is an exception.

359
00:41:54.510 --> 00:42:03.729
Tera: Another example is if you are retained to act on behalf of a civil litigation client, and you receive settlement funds in trust.

360
00:42:03.860 --> 00:42:09.200
Tera: You must identify and also verify this client.

361
00:42:10.800 --> 00:42:22.369
Tera: When you are the responsible lawyer with approval to operate a trust account, or with an exemption from operating, you will also have reporting obligations throughout the year and annually.

362
00:42:23.110 --> 00:42:32.120
Tera: If you are a responsible lawyer with approval to operate a trust account, you must provide a startup report to Trust Safety 4 months before.

363
00:42:35.380 --> 00:42:45.009
Tera: If you are a responsible lawyer with approval to operate a trust account, you must provide a startup report to Trust Safety 4 months from the date of your approval.

364
00:42:45.250 --> 00:42:53.559
Tera: This is the only time you will have to provide this startup report. Trust Safety wants to see how you are handling your trust transactions.

365
00:42:53.670 --> 00:43:05.630
Tera: If you have approval to operate, but haven't had any trust transactions in the first 4 months, you can reach out to Trust Safety and request an extension of time to provide your 4-month startup report.

366
00:43:06.500 --> 00:43:13.590
Tera: If you have an exemption from operating a trust account, you will not need to provide a 4-month startup report at all.

367
00:43:14.150 --> 00:43:22.900
Tera: We recommend thinking about your trust safety accounting responsibilities in terms of daily, weekly, monthly, and annual tasks.

368
00:43:23.310 --> 00:43:38.020
Tera: On the daily tasks, remember we've already spoken about the rule requiring that trust funds are deposited the same day, or by the end of the following day. Posting matters to your trust safety software should be a daily task as well.

369
00:43:38.230 --> 00:43:44.199
Tera: Once you have made the deposit, you will want to tell your software that you have made it.

370
00:43:44.340 --> 00:43:54.549
Tera: There is no rule in relation to posting within a certain amount of time, but this is the best practice because you want your records to be as up-to-date as possible.

371
00:43:55.490 --> 00:44:03.190
Tera: One of the reasons to have up-to-date posting is if you need to turn around and use those trust funds soon.

372
00:44:03.480 --> 00:44:10.409
Tera: We would be remiss if we didn't mention the importance of also understanding your bank's clearance rules.

373
00:44:10.620 --> 00:44:16.469
Tera: This is especially important when transactions move quickly, as is the case for real estate.

374
00:44:16.860 --> 00:44:31.579
Tera: Even if you have deposited trust funds into your trust account, and you have posted the deposit in your accounting software to the credit of a specific client, this still does not necessarily mean that those funds are now available for use.

375
00:44:31.860 --> 00:44:38.830
Tera: Before you can use those funds and transfer those funds out, you must ensure that they have cleared through your bank.

376
00:44:39.740 --> 00:44:46.080
Tera: Bank clearance timelines differ from bank to bank, and it depends on the type of deposit received.

377
00:44:46.740 --> 00:45:01.699
Tera: Whether it was paper-based, such as a check or bank draft, or whether it was an electronic transfer or wire transfer, if you do not know these funds have cleared, you are at risk of creating a bank shortage.

378
00:45:02.670 --> 00:45:06.610
Tera: If the funds have not cleared, but you have used them.

379
00:45:06.850 --> 00:45:12.089
Tera: You have just taken those funds from other clients in your pool trust account.

380
00:45:13.840 --> 00:45:28.710
Tera: As an example of a situation I found myself in long ago, I received a trust check for settlement funds for a family law client from another law firm, and I was very anxious to turn this around and provide a trust check to my client for the settlement.

381
00:45:29.290 --> 00:45:43.920
Tera: My office manager at the time said, hold on, you can't do that yet because those funds haven't cleared. I had no idea what the… about the importance or existence of clearance until she explained it to me.

382
00:45:44.120 --> 00:45:49.489
Tera: I then had to go back to my client and explain the delay because of the clearance issue.

383
00:45:49.820 --> 00:45:58.079
Tera: Once I understood the clearance issue, I could better set up my clients' expectations in terms of timelines for receiving their settlement funds.

384
00:45:59.150 --> 00:46:06.509
Tera: It is best to specifically seek information from and have a conversation with your bank about their clearance rules.

385
00:46:07.370 --> 00:46:15.540
Tera: Getting back to daily tasks, one of the other daily tasks we recommend is to review your trust account statement each day.

386
00:46:15.660 --> 00:46:21.509
Tera: This helps you to keep on top of it and identify anything amiss in a timely manner.

387
00:46:22.690 --> 00:46:30.359
Tera: On a weekly basis, you might want to carve out some time to make sure that all of the daily tasks were completed.

388
00:46:30.660 --> 00:46:35.679
Tera: Maybe you will also need to take care of some payables from your general account.

389
00:46:35.920 --> 00:46:40.780
Tera: And it would provide you with another opportunity to review your trust account statement.

390
00:46:41.360 --> 00:46:48.060
Tera: You might also choose to use some of this time for billing, so that you are keeping up with this task as well.

391
00:46:50.060 --> 00:46:55.409
Tera: Your monthly prescribed financial records are another key trust account and control.

392
00:46:55.670 --> 00:47:14.899
Tera: Your prescribed financial records must be kept for a period of 10 full years, and each month you must pull together and print or digitally capture the prescribed financial records, including several reports and your trust account reconciliation and general account reconciliation.

393
00:47:15.600 --> 00:47:19.470
Tera: If you do not operate a trust account and have an exemption.

394
00:47:19.570 --> 00:47:27.280
Tera: These monthly prescribed financial reports will be far fewer, but you will still have to prepare some each month.

395
00:47:27.790 --> 00:47:33.490
Tera: Your prescribed financial records are due by the end of the following month.

396
00:47:34.480 --> 00:47:42.460
Tera: The resource we have linked provides a list of the reports, reconciliations, and materials that make up your prescribed

397
00:47:42.920 --> 00:47:48.479
Tera: financial records. We suggest you use this resource to create a checklist.

398
00:47:49.090 --> 00:47:55.539
Tera: We also recommend that you set up individual subfolders for each month of the year, and save a…

399
00:47:57.390 --> 00:48:07.409
Tera: We also recommend that you set up individual subfolders for each month of each year, and save a PDF of your prescribed financial records there each month.

400
00:48:07.850 --> 00:48:19.980
Tera: When you review your monthly prescribed financial records, create a practice of digitally capturing your initials and the date of review on your reconciliations to provide evidence of your review.

401
00:48:21.310 --> 00:48:30.269
Tera: As I mentioned earlier, this is the folder that you will place duplicate copies of the electronic withdrawal forms in.

402
00:48:30.340 --> 00:48:44.000
Tera: This is where the digital trail is collected, so that when you are preparing your monthly financial records, including your reconciliations, everything is together, and it makes tracing these transactions so much easier.

403
00:48:44.900 --> 00:48:53.280
Tera: You should place a copy of the checklist in each month's folder so that you can run through it and know that you have captured the right contents each month.

404
00:48:56.130 --> 00:49:14.829
Tera: As Karyn mentioned, your annual task is submitting your annual trust safety reporting for the calendar year of January 1st to December 31st. This is due at the end of February every year. In essence, you have a couple of months to report on the previous calendar year.

405
00:49:15.290 --> 00:49:19.250
Tera: The annual reporting consists of completion of a self-report.

406
00:49:19.370 --> 00:49:25.119
Tera: This is for those who operate a trust account, and also those with an exemption from operating.

407
00:49:25.380 --> 00:49:32.060
Tera: And if you operate a trust account, then you must also provide your trust safety accounting upload.

408
00:49:32.900 --> 00:49:41.160
Tera: Each responsible lawyer will receive instructions for the upload, and there are guides and tutorials available to assist as well.

409
00:49:43.630 --> 00:49:48.590
Tera: Remember how we talked about the importance of creating and maintaining processes?

410
00:49:48.940 --> 00:49:59.920
Tera: Thoughtful processes manage risk, and as a result, having reliable processes can truly take some weight off your shoulders, and we want this to be the situation for all of you.

411
00:50:00.240 --> 00:50:16.249
Tera: In terms of establishing trust safety processes, we strongly encourage you to create an opening file process which includes using a consistent intake form to capture client identification information and potentially verification.

412
00:50:16.350 --> 00:50:21.239
Tera: As well as ensuring the source of funds is documented as applicable.

413
00:50:21.690 --> 00:50:33.500
Tera: You will also want to create a process for receiving trust funds, including depositing checks or bank drafts, and receiving funds electronically by way of transfer or wire.

414
00:50:34.130 --> 00:50:40.030
Tera: You will want to create a process for outgoing trust funds, including trust checks or transfers.

415
00:50:40.190 --> 00:50:42.919
Tera: This would be a trust fund withdrawal process.

416
00:50:43.070 --> 00:50:53.659
Tera: We recommend that you review your client's trust ledger as part of this process, and you will also need to consider your bank's clearance rules to ensure that the funds are cleared, and are therefore usable.

417
00:50:54.030 --> 00:51:00.610
Tera: We also encourage use of the electronic trust withdrawal form in order to create that digital trail for these funds.

418
00:51:00.940 --> 00:51:06.809
Tera: These processes are simple, and if they are used consistently, they will provide a lot of peace of mind.

419
00:51:07.360 --> 00:51:19.289
Tera: Another process we encourage creation of is a billing process. You want to make sure that you are capturing time on files, you are capturing disbursements, and you are billing your clients consistently.

420
00:51:19.780 --> 00:51:29.780
Tera: You need to bill for the legal services that you have provided in order to generate that cash flow that you need to run your business and pay yourself every month.

421
00:51:30.660 --> 00:51:36.820
Tera: Now I'll turn it over to Donna for a discussion about support teams and professional responsibilities.

422
00:51:37.480 --> 00:51:38.540
Donna: Thanks, Tera.

423
00:51:39.150 --> 00:51:46.459
Donna: Now, we're moving into support teams. These are the people and the services that can help you build out your Sole Practice.

424
00:51:47.100 --> 00:51:50.610
Donna: This is not about building a big firm type of staff roster.

425
00:51:50.760 --> 00:51:57.510
Donna: Rather, it's about making sure that your time and attention are best used on your practice and on legal work.

426
00:51:58.120 --> 00:52:11.400
Donna: Think about support as part of your risk management, client service, your practice growth, and of course, professional responsibility. It's not just an operational choice, or simply tied to expenses.

427
00:52:12.710 --> 00:52:17.820
Donna: When you hear the term support team, you might imagine full-time internal staff.

428
00:52:18.050 --> 00:52:25.819
Donna: But really, support can be internal, external, part-time, or virtual, and it often evolves over time.

429
00:52:26.350 --> 00:52:35.589
Donna: Internally, you might consider assistants, paralegals, receptions, receptionists, or conveyancers, depending on your practice area and volume.

430
00:52:36.020 --> 00:52:45.699
Donna: Externally, many sole practitioners rely on an accountant or bookkeeper and IT support, because financial systems and technology are so important.

431
00:52:46.250 --> 00:52:55.059
Donna: But any or all of these positions can be filled by contractors instead of traditional hires, and this may be a good way to get staffing underway.

432
00:52:55.440 --> 00:53:01.249
Donna: Using contractors means you don't need to deal with source deductions, remittances, and the like.

433
00:53:01.670 --> 00:53:11.950
Donna: You may also work with a student at law, but that comes with specific obligations and requires you be compliant with Law Society requirements related to their articles.

434
00:53:13.050 --> 00:53:16.410
Donna: Start off by conducting a needs assessment.

435
00:53:16.660 --> 00:53:23.239
Donna: Consider which practice-related tasks must occur daily, or weekly, or even monthly.

436
00:53:23.510 --> 00:53:30.719
Donna: Also, think about which ones require specialized knowledge, and which ones take you away from legal work.

437
00:53:31.280 --> 00:53:37.020
Donna: From there, think about sourcing and hiring. Where will you look for your team members?

438
00:53:37.450 --> 00:53:43.960
Donna: Also, carefully plan your onboarding so you can get the support you need when and how you need it.

439
00:53:44.490 --> 00:53:48.149
Donna: Then, of course, consider team member retention.

440
00:53:48.390 --> 00:53:52.519
Donna: Just one excellent hire can dramatically stabilize a practice.

441
00:53:52.880 --> 00:53:56.880
Donna: In the same way, though, staff departures can have significant impacts.

442
00:53:57.090 --> 00:54:04.740
Donna: So, to keep a solid team, consider benefits, CPD for your team, flexible work options, etc.

443
00:54:05.280 --> 00:54:19.840
Donna: As for virtual staffing possibilities, you can use remote assistance, you can use virtual receptionists, or call management services. And of course, you can use outsourced bookkeeping. All of this can keep overhead manageable.

444
00:54:20.340 --> 00:54:28.420
Donna: Once you have supports in place, though, the next question is, how do you work with your team in a way that meets your professional responsibilities?

445
00:54:29.790 --> 00:54:33.900
Donna: When you bring support into your practice, your role expands.

446
00:54:34.210 --> 00:54:42.370
Donna: You're not only the lawyer, you're also the employer and manager, and this goes for internal, external, part-time, or virtual staff.

447
00:54:42.630 --> 00:54:56.220
Donna: So bear in mind some general staff considerations. Things like clearly creating and communicating duties, roles, and expectations, keeping people informed, and building a culture of consistency and accountability.

448
00:54:56.600 --> 00:55:04.910
Donna: It's also important to link staff work back to your professional framework, including how the code of conduct and your staff intersect.

449
00:55:05.330 --> 00:55:12.270
Donna: Also, consider having members of your team review relevant code provisions and how they apply to their work.

450
00:55:12.510 --> 00:55:20.989
Donna: Of course, create and use confidentiality agreements with staff and contractors, and also create an office procedure manual.

451
00:55:21.260 --> 00:55:27.689
Donna: A manual is a practical tool for more than job descriptions and human resource type of considerations.

452
00:55:27.830 --> 00:55:33.020
Donna: It's really an effective way to make sure your systems and processes run the same way every time.

453
00:55:33.470 --> 00:55:39.090
Donna: It's a living document that you can add to or update for all your systems, processes, and tasks.

454
00:55:40.020 --> 00:55:45.209
Donna: And you want to create invariable processes, and then record and implement them.

455
00:55:45.440 --> 00:55:48.509
Donna: Clarify who does what, how, and when.

456
00:55:48.910 --> 00:56:01.779
Donna: Formalizing processes for intake, diarization, client communications, billing steps, file closings, etc, is key, and it helps for training and onboarding new team members as well.

457
00:56:02.370 --> 00:56:15.050
Donna: Structure prevents problems. When processes are consistently implemented, you get fewer errors, clearer delegation, better client service, and compliance with your professional obligations.

458
00:56:15.770 --> 00:56:24.479
Donna: Also, be clear around what non-lawyer staff may do, and what they must not do, and that includes students at law.

459
00:56:25.420 --> 00:56:28.280
Donna: This brings us to delegation and supervision.

460
00:56:29.100 --> 00:56:36.010
Donna: While delegation to team members is available and encouraged, supervision and accountability remain with you.

461
00:56:36.500 --> 00:56:39.389
Donna: Your framework here includes the Code of Conduct.

462
00:56:39.510 --> 00:56:44.999
Donna: Legislative requirements, rules, and your associated professional responsibilities.

463
00:56:45.790 --> 00:56:49.670
Donna: Delegation and supervision are often expressed together.

464
00:56:49.950 --> 00:56:53.229
Donna: But, while they are related, they are not the same.

465
00:56:53.980 --> 00:56:56.970
Donna: Rather, they are partners for effective practice.

466
00:56:57.250 --> 00:57:00.440
Donna: They are also squarely your responsibility.

467
00:57:00.990 --> 00:57:02.760
Donna: Neither are passive.

468
00:57:03.460 --> 00:57:06.919
Donna: Effective delegation is not just handing something off.

469
00:57:07.180 --> 00:57:14.119
Donna: It includes carefully assigning tasks while maintaining ultimate control and responsibility for those tasks.

470
00:57:14.940 --> 00:57:17.629
Donna: Supervision accompanies delegation.

471
00:57:17.790 --> 00:57:25.149
Donna: It is the act of oversight, review, and guidance of work performed by your team, including students at law.

472
00:57:25.400 --> 00:57:30.629
Donna: And aims to ensure legal services are delivered competently and ethically.

473
00:57:31.260 --> 00:57:36.310
Donna: Both require instruction, availability, and your review.

474
00:57:36.860 --> 00:57:38.860
Donna: A good example is bookkeeping.

475
00:57:39.050 --> 00:57:55.269
Donna: The bookkeeper's role is supportive, and you can delegate tasks, but you must oversee. You need to understand the trust safety rules, related processes, and regularly and diligently review the firm's trust and general accounts and activity.

476
00:57:56.340 --> 00:58:00.410
Donna: One other point, consider how you will supervise remote staff.

477
00:58:01.010 --> 00:58:08.050
Donna: Finally, proper delegation and supervision include being aware of the risks related to misappropriation and fraud.

478
00:58:08.490 --> 00:58:16.120
Donna: In the end, not only are you responsible for staff errors, you are also on the hook if money or client property disappear.

479
00:58:16.690 --> 00:58:23.639
Donna: All of this is to underline that processes and controls facilitate you successfully delegating and supervising.

480
00:58:24.040 --> 00:58:33.149
Donna: And knowing how to confidently lead, delegate, supervise, and maintain oversight will set you up for long-term success and growth in your practice.

481
00:58:34.040 --> 00:58:39.279
Donna: These concepts also directly connect to your broader professional responsibilities.

482
00:58:41.150 --> 00:58:44.910
Donna: So, there are a lot of threads to pull here, but we'll keep it concise.

483
00:58:45.410 --> 00:58:49.899
Donna: Your professional and ethical obligations must always be top of mind.

484
00:58:50.110 --> 00:58:54.900
Donna: They underpin what we've discussed and apply to everything you do in your new practice.

485
00:58:55.300 --> 00:59:03.700
Donna: They will apply to building and managing your team, implementing technology, client and file management, marketing, and more.

486
00:59:04.360 --> 00:59:11.239
Donna: Think of your professional responsibilities as the guardrails for every practice decision and every business decision.

487
00:59:11.340 --> 00:59:16.460
Donna: And there will be plenty of both, often requiring split-second assessments.

488
00:59:16.960 --> 00:59:22.409
Donna: The buttons on this slide are linked to key resources and relevant Law Society materials.

489
00:59:22.520 --> 00:59:41.849
Donna: They are also set out in the code. And here, I just want to mention that you need to be ultra-aware of everything in the code. For this reason, and I know you've already done this, but read the code again. Read it and re-read it. Think about what it says and why. Think about the commentary. Think about what's happening in your practice.

490
00:59:41.960 --> 00:59:46.869
Donna: Or what has happened, or what could happen, and try and put it into context.

491
00:59:47.080 --> 00:59:49.679
Donna: Some of it may still be abstract for you.

492
00:59:50.270 --> 00:59:55.499
Donna: But you will encounter code-related matters almost daily, so you need to have a handle on it.

493
00:59:55.920 --> 00:59:59.680
Donna: Okay, here I'll focus on a few of these key responsibilities.

494
00:59:59.940 --> 01:00:01.680
Donna: Let's start with competence.

495
01:00:02.200 --> 01:00:05.480
Donna: Of course, you need to be competent in your practice areas.

496
01:00:05.720 --> 01:00:09.600
Donna: But competence is more than knowing the law and related procedure.

497
01:00:09.710 --> 01:00:14.430
Donna: It also means ensuring that you have the capacity to take on the work you accept.

498
01:00:14.630 --> 01:00:19.499
Donna: This includes the time, systems, and ability to serve clients properly.

499
01:00:19.960 --> 01:00:34.749
Donna: Along with competence is capacity, which is more than just workload. It's about your systems. It's about support, including your team, and whether you are able to provide competent and timely client service. They're integrated.

500
01:00:35.100 --> 01:00:47.269
Donna: Now, capacity in that sense is a major issue in Sole Practice. It's easy to say yes to every file, or maybe you think you have to take every file, especially early on, but don't.

501
01:00:47.440 --> 01:00:55.220
Donna: Unmanaged volume is a significant risk factor, and it can undermine all the hard work you do in the other areas that you're building out.

502
01:00:55.630 --> 01:00:59.980
Donna: You can and you should say no to clients and files that are not a fit for you.

503
01:01:00.960 --> 01:01:05.280
Donna: Related to that is Continuing Professional Development, or CPD.

504
01:01:05.570 --> 01:01:12.570
Donna: As Kary mentioned, your CPD plan must be declared annually, otherwise you risk administrative suspension.

505
01:01:12.890 --> 01:01:18.230
Donna: But, as you prepare your plan, look to the year ahead and beyond.

506
01:01:18.410 --> 01:01:28.269
Donna: Create a roadmap, not just a checklist. That roadmap is aligned to your practice areas, your clients, your files, and potential risk considerations.

507
01:01:28.530 --> 01:01:31.040
Donna: Think about where you want to take your practice.

508
01:01:31.310 --> 01:01:36.949
Donna: What coursework will you need? What processes and systems have to be created?

509
01:01:37.590 --> 01:01:39.579
Donna: Who do you need to work for you?

510
01:01:39.900 --> 01:01:52.390
Donna: For example, with potential legislative reform around automobile insurance, some lawyers may be considering pivoting to other areas of practice, but ensuring competence in those particular areas is paramount.

511
01:01:52.520 --> 01:02:08.269
Donna: If a lawyer is considering a shift from motor vehicle accident personal injury work to, say, real estate law, it's incumbent on them to become fully competent in real estate law. And this includes building out systems and processes for client and file management.

512
01:02:08.610 --> 01:02:18.780
Donna: Competence here also means generating substantive awareness of attendant risks around fraud, as well as bank holds, check clearing, remote signing protocols, and so on.

513
01:02:19.280 --> 01:02:26.000
Donna: All of this to say, do not do work for which you are not sufficiently experienced, supported, and equipped.

514
01:02:26.290 --> 01:02:31.139
Donna: There are ways to build out that competence and capacity, but it takes time and thought.

515
01:02:31.590 --> 01:02:38.389
Donna: And one final point about CPD. Remember, your plan must also incorporate your own well-being and managing your health.

516
01:02:39.290 --> 01:02:45.499
Donna: Okay, then we also have technological competence, including artificial intelligence, or AI,

517
01:02:45.830 --> 01:02:56.619
Donna: Bottom line is, if you use technology, you must understand its limits, and ensure that the technology you use, as well as how you use it, comply with your professional obligations.

518
01:02:57.800 --> 01:03:03.089
Donna: Then, be constantly alive to your obligations around confidentiality and conflict.

519
01:03:03.530 --> 01:03:11.050
Donna: It's imperative to build out and adhere to consistent processes for these, both at intake and throughout the life of a file.

520
01:03:11.660 --> 01:03:20.689
Donna: The same goes with supervision and delegation. Your obligations here continue every day, through the life of a file or the duration of a matter.

521
01:03:21.260 --> 01:03:27.260
Donna: And again, recognize your duties as they relate to fraud and implementing measures around loss prevention.

522
01:03:28.400 --> 01:03:31.719
Donna: Then, there are the duties of civility and courtesy.

523
01:03:32.060 --> 01:03:41.440
Donna: Yes, these are professional obligations and core values we hold as lawyers, but they are also practice protection issues and critical for your success.

524
01:03:42.610 --> 01:03:46.249
Donna: Civility and courtesy create and support your reputation.

525
01:03:46.370 --> 01:03:50.890
Donna: Both with other members of the bar and with the bench, which is so important.

526
01:03:51.490 --> 01:04:04.259
Donna: Finally, marketing considerations must be considered. This is a reminder that marketing is a professional form of communication, and it must comply with the code and other applicable requirements.

527
01:04:04.460 --> 01:04:08.470
Donna: Above all, be truthful and ethical in your marketing.

528
01:04:10.230 --> 01:04:15.739
Donna: Finally, we bring this all together with a chat about business continuity and succession planning.

529
01:04:16.340 --> 01:04:25.380
Donna: A business continuity and succession plan is a written, proactive plan that explains how your practice will continue, or be managed.

530
01:04:25.500 --> 01:04:31.540
Donna: Or transferred, or even wound up if you were unavailable, either temporarily or permanently.

531
01:04:32.040 --> 01:04:40.509
Donna: Business continuity and succession planning are related, but distinct, concepts, and they are usually addressed in a single, integrated plan.

532
01:04:41.230 --> 01:04:49.780
Donna: Business continuity means, how does my practice keep running if I'm temporarily unavailable, or something disrupts operations?

533
01:04:50.480 --> 01:04:57.010
Donna: Succession planning means what happens to my practice if I retire, become incapacitated, or die.

534
01:04:57.720 --> 01:05:08.300
Donna: So the plan covers expected events, like vacation, parental leave, retirement, as well as unexpected events, like illness, disability, emergency, or death.

535
01:05:09.060 --> 01:05:18.410
Donna: A plan ensures that client matters, trust obligations, file deadlines, and office operations are handled appropriately in your absence.

536
01:05:19.130 --> 01:05:27.249
Donna: So what do you need? At least a designated successor lawyer or lawyers who are a fit for your circumstances.

537
01:05:27.700 --> 01:05:33.899
Donna: You also need written agreements providing those lawyer or lawyers with clear authority to access files.

538
01:05:33.980 --> 01:05:53.430
Donna: calendars, trust and general accounting information, passwords, office systems and records, and also provide instructions on how client matters are identified and handled, and how financial continuity operates. Those things include payroll, rent, insurance, and trust obligations.

539
01:05:54.120 --> 01:06:05.140
Donna: You should also build out estate planning documents, such as a power of attorney, etc, so that your successor lawyer or lawyers can handle firm accounts and money and or property.

540
01:06:05.830 --> 01:06:12.020
Donna: So think about what areas of law you practice. Think about the volume and complexity of your files.

541
01:06:12.490 --> 01:06:15.749
Donna: Think about your trust account and general account activity.

542
01:06:15.970 --> 01:06:18.040
Donna: How are your files managed?

543
01:06:18.490 --> 01:06:22.070
Donna: And how will urgent matters be immediately addressed?

544
01:06:23.120 --> 01:06:29.300
Donna: Think about who can and should be your designated successor lawyer or lawyers, but also possible alternates.

545
01:06:30.160 --> 01:06:34.520
Donna: What roles will office staff take on during absence or transition?

546
01:06:35.160 --> 01:06:46.980
Donna: Then, document your plan. Yes, a power of attorney is necessary, and you might also need further directions and delegations or changes to your estate planning documents to accommodate your plan.

547
01:06:47.590 --> 01:06:51.779
Donna: We have sample documents in our materials for various scenarios.

548
01:06:52.720 --> 01:06:58.980
Donna: Failure to plan can result in Law Society intervention, such as the appointment of a custodian.

549
01:06:59.600 --> 01:07:03.879
Donna: This results in increased costs to you or your estate.

550
01:07:04.160 --> 01:07:12.800
Donna: But ultimately, it's about avoiding client harm, and enabling your compliance with professional obligations around competence and client service.

551
01:07:13.710 --> 01:07:14.540
Donna: Okay.

552
01:07:14.770 --> 01:07:18.410
Donna: Finally, Maira will take you through the lifecycle of a file.

553
01:07:20.340 --> 01:07:21.740
Maira: Thank you, Donna.

554
01:07:22.600 --> 01:07:38.939
Maira: Practice management refers to the strategic and operational activities undertaken by legal professionals to effectively and efficiently manage their practice. It encompasses various aspects of client, file, financial, time, and technology management.

555
01:07:39.400 --> 01:07:49.070
Maira: Practice management is a competency in and of itself, to be honed and developed, and requires lawyers to run their practice in compliance with all legislative requirements.

556
01:07:50.010 --> 01:07:56.740
Maira: So the first aspect of the lifecycle of a file at the intake stage is the initial contact with the prospective client.

557
01:07:56.880 --> 01:08:05.410
Maira: You or your designated intake person are required to obtain enough information about the client and other parties involved to perform a conflict check.

558
01:08:05.600 --> 01:08:12.300
Maira: The conflict check must be done prior to obtaining confidential information and prior to the first meeting with the client.

559
01:08:12.870 --> 01:08:20.799
Maira: You should have a process to document that the conflict check was done, either by printing out a record of the conflict check, or by saving it digitally.

560
01:08:21.319 --> 01:08:26.069
Maira: This process should be followed when the check comes back positive as well as negative.

561
01:08:26.220 --> 01:08:40.729
Maira: If the conflict check comes back positive, you may still be able to take on this client if certain steps are taken. You'll want to carefully read the commentary in the code, and if necessary, contact a practice and equity advisor for direction if you remain unsure.

562
01:08:41.720 --> 01:08:46.799
Maira: Once you've established that you can move forward, you need to now gather information from your client.

563
01:08:46.970 --> 01:08:54.279
Maira: Client screening ensures that you are minimizing risk by only taking on clients and matters that are compatible with your practice.

564
01:08:54.590 --> 01:08:58.649
Maira: Some questions for you to consider when screening a potential client are…

565
01:08:58.790 --> 01:09:02.820
Maira: Does the client's Matter fit into your areas of practice and competency?

566
01:09:03.000 --> 01:09:06.990
Maira: Do they know why they are seeking a lawyer, or what they are trying to achieve?

567
01:09:07.260 --> 01:09:08.620
Maira: Do they have a case?

568
01:09:08.819 --> 01:09:12.530
Maira: Will this matter require more resources and time than you can commit?

569
01:09:12.770 --> 01:09:14.740
Maira: Are they able to pay your fees?

570
01:09:15.080 --> 01:09:17.609
Maira: Do they have capacity to instruct counsel?

571
01:09:17.740 --> 01:09:21.680
Maira: Do they have reasonable expectations about timing, outcome, and fees?

572
01:09:21.819 --> 01:09:29.110
Maira: How many lawyers have they retained before coming to you? And what do your instincts generally tell you about this potential client?

573
01:09:29.450 --> 01:09:39.329
Maira: During the screening process, it is acceptable to advise potential clients that you require a couple of days to think about their case before making a decision about representation.

574
01:09:40.050 --> 01:09:47.380
Maira: If you make the decision to decline representation, then you want to ensure you confirm this in writing by sending a non-engagement letter.

575
01:09:47.630 --> 01:09:53.060
Maira: This step serves to ensure there is no confusion on the part of the client about representation.

576
01:09:53.500 --> 01:10:00.449
Maira: If you decide to accept the client's matter, we are also going to confirm this in writing, in a retainer agreement or engagement letter.

577
01:10:00.610 --> 01:10:11.480
Maira: This is essential to setting up the terms of your representation and compensation, the client's obligations and expectations, and circumstances that govern termination of the relationship.

578
01:10:11.870 --> 01:10:16.519
Maira: We will delve into what should be outlined in your retainer letter in more detail shortly.

579
01:10:17.570 --> 01:10:36.489
Maira: The next step in your intake process involves identification and verification of your client. Tera has covered in detail how to navigate this step, and for ease of reference, we've included links to both the flow chart as well as the forms on our website for ID and verification of both individual and organizational clients to this slide also.

580
01:10:36.960 --> 01:10:39.080
Maira: Now, on to retainer agreements.

581
01:10:39.220 --> 01:10:46.149
Maira: A retainer letter or agreement sets out the scope of services to be performed, billing matters, and your authority to act.

582
01:10:46.400 --> 01:10:52.259
Maira: The retainer letter will govern your relationship with the client for the lifetime of the matter, unless amended.

583
01:10:52.880 --> 01:10:55.350
Maira: So what purpose does your retainer letter serve?

584
01:10:55.550 --> 01:11:01.529
Maira: In most cases, your client will give you a specific retainer for the purpose of performing a specific task.

585
01:11:01.710 --> 01:11:05.250
Maira: A specific retainer serves a number of valuable purposes.

586
01:11:05.400 --> 01:11:10.980
Maira: It sets out what services you will perform, and confirms your authority to act on the client's behalf.

587
01:11:11.410 --> 01:11:18.849
Maira: It outlines how your services are to be billed, including frequency of billing, disbursements, tax issues, etc.

588
01:11:19.310 --> 01:11:24.299
Maira: This is key to managing the client's expectations, and also key to you getting paid.

589
01:11:24.940 --> 01:11:34.050
Maira: It provides a mechanism for replenishing retainer funds and alerts the client to the methods by which the lawyer-client relationship may or will be terminated.

590
01:11:34.440 --> 01:11:45.510
Maira: It confirms crucial information that you discussed with the client at the first meeting, and it also clarifies who the client is, which can be different from who is paying your fees.

591
01:11:46.350 --> 01:12:03.359
Maira: The importance of having a retainer letter cannot be overstated. It is the first document a review officer asks for in the case of a fee dispute. It protects both you, the lawyer, and the client in the case of a dispute or litigation, and provides valuable evidence about the intended terms of your relationship.

592
01:12:03.730 --> 01:12:12.499
Maira: It is important to remember that in the absence of a written agreement, uncertainty as to the scope of the retainer will likely be construed in the client's favor.

593
01:12:13.570 --> 01:12:19.340
Maira: The third step in the file opening process will be entering the client into your practice management software.

594
01:12:19.510 --> 01:12:25.039
Maira: Most law firms obtain accounting and practice management software to assist them in their practice.

595
01:12:25.450 --> 01:12:39.550
Maira: As mentioned earlier, the LSA's Trust Safety Department has approved several accounting software vendors for the purpose of generating the electronic data upload to meet annual reporting requirements, and we have linked a current list of approved vendors to this slide.

596
01:12:40.310 --> 01:12:51.649
Maira: Different accounting software vendors include practice management elements to varying degrees, so it is important to consider the practice management features you need when deciding on the appropriate software for your firm.

597
01:12:52.540 --> 01:12:56.869
Maira: And lastly, we want to add the new file to our master file list.

598
01:12:57.310 --> 01:13:02.400
Maira: A master file list is an easy and effective file tracking and file management tool.

599
01:13:02.740 --> 01:13:13.340
Maira: Accounting and practice management software packages offer various features for file tracking, accounting summaries, and so on, but they typically do so on a file-by-file basis.

600
01:13:13.500 --> 01:13:24.199
Maira: You can find information about a particular file by accessing it in the software, or you can access a report of all active files and generate some specific batched information.

601
01:13:24.700 --> 01:13:40.640
Maira: The master file list, however, summarizes all of your active files, and the status of each in one comprehensive document. This also allows you to perform an ongoing assessment about next steps, retainer refreshment, and so on for specific files.

602
01:13:40.790 --> 01:13:50.020
Maira: It can also provide you with some big picture information, such as whether or not it's time to hold off on taking new files, or if efforts to generate more work are needed.

603
01:13:50.730 --> 01:13:55.539
Maira: An added benefit is that it is simple and can be accessed in a variety of ways.

604
01:13:55.680 --> 01:14:02.829
Maira: You can create a master file list as a Word or Excel document, keep it on a computer or other device, and update it as needed.

605
01:14:03.040 --> 01:14:07.850
Maira: Or it can be printed, annotated, and modified later, so it is always current.

606
01:14:08.010 --> 01:14:16.990
Maira: The key is to create and adhere to a consistent process so that the master file list is always current, reflecting the status of each file at any given time.

607
01:14:17.470 --> 01:14:25.510
Maira: We recommend that you have a weekly meeting with your assistant to go through each and every file, or just to dedicate time for you yourself to do this exercise.

608
01:14:25.640 --> 01:14:39.529
Maira: The master file list provides you with key pieces of information about each of your active files, such as your file number, client name, the nature of the matter, the last step taken, the next step to be actioned, and a financial column.

609
01:14:39.680 --> 01:14:49.729
Maira: And last but not least, you need to include your next diary date for the file. Again, we have linked sample master file lists for different practice areas to this slide for you to review.

610
01:14:50.820 --> 01:15:07.580
Maira: Now that we've opened the file, we need to work the file. This is where you will see the intersection of those five practice management elements we saw in the earlier diagram slide, and we will now review how to effectively manage time, files, clients, documents, and billings.

611
01:15:08.810 --> 01:15:19.680
Maira: So the ability to manage your time is key to having a successful practice. It leads to improved efficiencies, less stress, and you feeling more satisfied with your day-to-day practice.

612
01:15:20.160 --> 01:15:28.120
Maira: Email with opposing counsel and clients can be a large consumer of your time, and you need to tackle that constant stream of emails with a system.

613
01:15:28.570 --> 01:15:34.490
Maira: We recommend setting aside specific time to address email, as it allows you to focus on that task.

614
01:15:34.820 --> 01:15:48.469
Maira: When giving thought to how much of your day is spent in email correspondence, if your email volume is really high, or if your practice entails the possibility of receiving urgent email, your strategy might be to set more than one time each day to manage it.

615
01:15:48.940 --> 01:15:54.040
Maira: Maybe allocating time at both the beginning and the end of the day is the most effective strategy for you.

616
01:15:54.380 --> 01:16:01.359
Maira: How much time you may need in each session is up to you, but you need to allow enough time to action on emails completely.

617
01:16:01.650 --> 01:16:06.270
Maira: Actioning means that you respond, delegate, or delete the email.

618
01:16:06.380 --> 01:16:11.279
Maira: Whatever you did not get to in that email session, you can deal with at your next session.

619
01:16:11.950 --> 01:16:31.550
Maira: The key to being efficient in these email sessions is to only review an email once, and action on it fully. You may need to review the client's file, give it some thought, and then respond, and process both the incoming and outgoing email to completion. You want to ensure that no email gets pushed further down your inbox without a meaningful response.

620
01:16:31.760 --> 01:16:35.989
Maira: Establishing a set routine for email makes it much more manageable.

621
01:16:36.980 --> 01:16:49.840
Maira: Now we know that there is only so much time in a workday, so managing your calendar in accordance with your priorities is also critical. You must ensure you have uninterrupted time that is just yours to do the legal work required.

622
01:16:49.980 --> 01:17:06.860
Maira: You must ensure that you also have time for the supervision of staff and colleagues, as Donna mentioned, to assist them with their work. And you must also ensure that you leave time to manage the administrative side of your business. We recommend you regularly block off time in your calendar for each of these items.

623
01:17:07.120 --> 01:17:14.320
Maira: In summary, we want you to make sure that you are in the driver's seat when managing your calendar and controlling your own time.

624
01:17:15.400 --> 01:17:22.670
Maira: Now, when interacting with your clients, having effective communication skills will help you keep in compliance with your obligations.

625
01:17:23.110 --> 01:17:27.539
Maira: Some examples of how effective communication skills are applied in practice are…

626
01:17:28.060 --> 01:17:33.579
Maira: Realistically and clearly advising your clients of potential outcomes and costs.

627
01:17:34.200 --> 01:17:41.100
Maira: Establishing an understanding with your client about the preferred method of communication and your timeframe for responding to communication.

628
01:17:41.600 --> 01:17:47.820
Maira: Using plain language when possible, and allowing space for your client to ask questions or seek clarification.

629
01:17:48.140 --> 01:17:52.790
Maira: Responding promptly to communications from your client and other lawyers.

630
01:17:53.140 --> 01:17:58.850
Maira: Ensuring that the tone of every communication is civil, and that content is limited to relevant matters.

631
01:17:59.040 --> 01:18:11.850
Maira: Avoid delay in billing, and ensure that bills are fully explained. And last but not least, keeping your client informed of progress on the matter, even if only to explain why the matter has been delayed or is in a holding pattern.

632
01:18:12.140 --> 01:18:20.969
Maira: We recommend you diarize your file every 4-6 weeks to keep your client informed on progress, and this ensures you are also moving the file forward.

633
01:18:22.250 --> 01:18:38.310
Maira: Now, good file management also ensures the progress of files. What does that entail? Well, first, you have to know your limitation dates and deadlines. There can be several limitation dates and deadlines to address in a matter, depending on the facts and issues to be resolved.

634
01:18:38.420 --> 01:18:45.720
Maira: It is imperative to have a thorough understanding of the legislation and rules, and know where to access this information when needed.

635
01:18:46.370 --> 01:18:53.900
Maira: You then have to diarize those limitation dates and deadlines. The diary schedule you implement should consider repetition and timing.

636
01:18:54.060 --> 01:19:10.840
Maira: When to diarize a matter involves considering how long it may take you to review the matter, prepare draft documents or pleadings, provide those drafts for your client to review, make any necessary revisions to finalize the document or pleading, and possibly file the pleading with the court.

637
01:19:11.280 --> 01:19:25.970
Maira: Also consider that circumstances out of your control, such as illness, tech issues, and emergencies on other files, may arise. Give yourself ample time, so you do not find yourself in the stressful situation of trying to conclude something at the last minute.

638
01:19:26.510 --> 01:19:43.010
Maira: Now, while the diary schedule you implement should be personal to your practice and circumstances, consider at minimum having a reminder date that is 6 months, 3 months, and 1 month prior to the deadline or limitation date. In the last month, consider weekly and or daily reminders.

639
01:19:43.120 --> 01:19:53.500
Maira: In terms of diary systems, limitation dates and deadlines can be tracked using a manual system, electronic calendar application, or software designed to track dates.

640
01:19:53.940 --> 01:19:59.970
Maira: Manual systems involve entering the limitation date and deadlines into a physical diary or calendar.

641
01:20:00.250 --> 01:20:17.430
Maira: This requires someone manually calculating the various dates for entry, which increases the chance of errors. It also does not allow for ease of sharing information among staff or backup. A manual system can still serve as a backup, but it is not recommended as your primary diary system.

642
01:20:18.630 --> 01:20:26.829
Maira: Most lawyers already have an electronic calendar application by virtue of having Microsoft Outlook, but any electronic calendar application can work.

643
01:20:27.010 --> 01:20:39.670
Maira: This system allows for recurring reminders to be automatically set. It allows other staff to access the same calendar on their devices to jointly manage dates, and the data can be backed up to your server or the cloud.

644
01:20:40.060 --> 01:20:52.970
Maira: We suggest that you avoid relying on just one system to manage your deadlines, and address them in multiple places. This will prove invaluable in the unfortunate event that your server or internet is down, or your office is inaccessible.

645
01:20:53.660 --> 01:21:02.830
Maira: Creating and maintaining that master file list we spoke of earlier also serves as an essential tool as you are reviewing the status of each of your files regularly.

646
01:21:03.790 --> 01:21:10.170
Maira: Next, we want to manage documents effectively by managing the handling and organization of files.

647
01:21:10.470 --> 01:21:25.189
Maira: Organized files help you run an organized practice. We refer to our client files every day. Whether they are digital files or physical paper files, it is imperative that any portion of the file can be easily accessed and kept confidential.

648
01:21:25.790 --> 01:21:45.679
Maira: Regardless of the organization method you choose, it is helpful to create a standardized system for file organization and use it consistently. We suggest that your plan should include a separate file folder, BRADs, or PEGs in your paper files for correspondence. This includes all incoming and outgoing correspondence in chronological order.

649
01:21:46.020 --> 01:22:04.990
Maira: A separate folder should be maintained for ethical and financial considerations, such as the conflict check, the client's intake information, the retainer letter, your client's ID and verification documents, statements of account that have been issued, copies of checks, or electronic banking withdrawal forms, and any receipts of payments on account.

650
01:22:05.230 --> 01:22:21.849
Maira: You should have a folder for each of draft documents and pleadings. You may wish to have subfolders for draft, final, and filed versions. You will also want to separate out client documents, disclosure, research, and also have a miscellaneous folder to catch anything else.

651
01:22:22.560 --> 01:22:36.069
Maira: We recommend that you maintain one true file that you can rely on. This could mean that you save everything digitally, without fail, so that you always know that every document and piece of information that should be on the file has been digitally saved.

652
01:22:36.300 --> 01:22:39.929
Maira: But this does not prevent you from having a working copy that is paper.

653
01:22:40.170 --> 01:22:50.620
Maira: You may prefer a hybrid paper file and digital file system. If this is the case, it is important to determine exactly what is contained on the paper file and what is contained on the digital file.

654
01:22:50.900 --> 01:22:56.080
Maira: This is a little more difficult to track, but it can be done, as long as there is consistency.

655
01:22:56.370 --> 01:23:09.870
Maira: Now, there are obvious advantages to having digital files. They are easier to find, and more people can access them, making collaboration easier. You're saving money on printing and physical storage of closed files, and you have greater mobility.

656
01:23:10.080 --> 01:23:16.879
Maira: Your office is more organized and environmentally friendly, and digital files support your disaster plan.

657
01:23:17.450 --> 01:23:29.450
Maira: If you are going to make a switch to digital files, or if you are just creating your processes and file organization systems for the first time, we recommend that you digitize all incoming documents in the same format.

658
01:23:29.550 --> 01:23:38.300
Maira: Such as a portable document format, or PDF that is searchable. This is also the current requirement of the courts in Alberta for digital filing.

659
01:23:38.860 --> 01:23:53.510
Maira: And finally, on the issue of document management, irrespective of whether you are using a paper filing system or a digital one, you must have backup, security, and client confidentiality at the forefront of your mind when handling client files.

660
01:23:54.050 --> 01:24:00.650
Maira: Now, the last section to be reviewed in working the file relates to billing, retainer replenishment, and collections.

661
01:24:00.960 --> 01:24:10.479
Maira: Billing clients for the work we have done is important to both us lawyers and our clients, and you must ensure that you create fee transparency regardless of how you bill.

662
01:24:10.700 --> 01:24:16.520
Maira: That could be hourly rates, fixed fee, monthly retainer, or even contingency fees.

663
01:24:16.890 --> 01:24:24.909
Maira: Put yourself in your client's shoes, and think about how often you would want to be built. Think about asking for a retainer replenishment with each statement of account.

664
01:24:25.160 --> 01:24:31.559
Maira: Try to stay ahead of the retainer, which can be done through regular review of your ever-so-important master file list.

665
01:24:31.720 --> 01:24:43.940
Maira: You may have specified this in your retainer agreement, so there is certainty from the client's perspective on how often they will be billed or in what increments, expectations around retainer replenishments, and options for collections.

666
01:24:44.460 --> 01:24:51.240
Maira: We also encourage you to enter your time contemporaneous to the task, and do not move on to the next task until you've entered your time.

667
01:24:51.550 --> 01:25:00.540
Maira: Entering your time in your accounting software allows you to have control over the timing and the content of the description, and it minimizes the risk that time is missed.

668
01:25:00.830 --> 01:25:08.639
Maira: We don't recommend that you write your time down on paper and enter it later. This is a duplication of effort, and an inefficient use of time.

669
01:25:10.130 --> 01:25:16.280
Maira: Now that you have the tools to master working your file, you also need to develop an appropriate file closing system.

670
01:25:16.450 --> 01:25:31.700
Maira: How you close a file also requires focused attention. You can meet your obligations and make it easier and more cost-effective for your future selves by creating and maintaining thoughtful closed-file retention, storage, and disposal processes.

671
01:25:32.710 --> 01:25:47.310
Maira: So, it is good practice to develop a file closing procedure and checklist to capture all of the steps you need to take to close a file. Many of these steps also include obligations under the rules and code, and we've linked a sample checklist to this slide.

672
01:25:47.810 --> 01:25:55.149
Maira: Now, we know most about the file at the time we close it, which is why going through the steps in your checklist at that time is so important.

673
01:25:55.590 --> 01:25:59.579
Maira: So, what do we have to do as we are preparing to close this file?

674
01:25:59.730 --> 01:26:06.950
Maira: First, you want to provide a closing letter to your client advising them that you are closing their file and returning original documents.

675
01:26:07.250 --> 01:26:14.869
Maira: Then, we must ensure that there is a zero trust balance and print the client trust ledger and accounts receivable ledger for the closed file.

676
01:26:15.310 --> 01:26:21.469
Maira: Next, you want to consider whether you will need to file and serve a notice of withdrawal or change in representation.

677
01:26:21.710 --> 01:26:27.749
Maira: It is important to take this step where necessary so that you do not face unexpected obligations in the future.

678
01:26:28.340 --> 01:26:36.789
Maira: You will then close the file in your Practice Management or Trust Accounting software, remove it from your master file list, and add it to your closed file list.

679
01:26:37.080 --> 01:26:41.580
Maira: And lastly, you will note and diarize the destruction date or review date.

680
01:26:42.840 --> 01:26:48.549
Maira: So that leads us to the next consideration, which is what must we as lawyers keep, and for how long?

681
01:26:48.870 --> 01:26:54.239
Maira: Generally speaking, we keep closed files for no less than 10 years, as specified in the rules.

682
01:26:54.410 --> 01:27:03.130
Maira: You are obligated to keep a copy of the client trust ledger and accounts receivable Ledger both in the closed file and in a central file managed for closed ledgers.

683
01:27:03.400 --> 01:27:10.570
Maira: You are also required to retain the client's information and verification documents for at least 6 years following completion of work.

684
01:27:11.110 --> 01:27:29.290
Maira: So, generally speaking, if you practice in criminal law, real estate, family law, or civil litigation, you will likely be retaining these closed files for 10 years. But there are exceptions to this that may require us to retain closed file contents for longer, or almost indefinitely.

685
01:27:29.990 --> 01:27:44.790
Maira: If your practice involves wills and estate planning, you won't know anything is wrong until the subject of your will has passed. In this instance, you are obligated to retain these files for 10 years after probate is granted, to address the limitations period for any potential claim.

686
01:27:45.150 --> 01:27:50.850
Maira: If a file involved a minor, the limitation period doesn't commence until the minor reaches the age of majority.

687
01:27:51.000 --> 01:27:56.559
Maira: And files where discoverability or capacity concerns may apply will also need to be kept longer.

688
01:27:56.770 --> 01:28:03.790
Maira: Keep in mind that you may also need to use the contents of a closed file to respond to a complaint or negligence claim in the future.

689
01:28:04.190 --> 01:28:10.000
Maira: You can view more detail about your obligations around the retention of closed files through the link on this slide.

690
01:28:10.130 --> 01:28:23.779
Maira: Really, the takeaway for you on this is that the file closing checklist is just your starting point. You'll want to carefully assess the contents of each file to determine how long you need to keep it, and diarize review and destruction accordingly.

691
01:28:24.570 --> 01:28:27.360
Maira: So where are these closed files to be stored?

692
01:28:27.590 --> 01:28:31.090
Maira: At all stages of practice, you should keep storage issues in mind.

693
01:28:31.290 --> 01:28:35.910
Maira: What happens when a firm dissolves, or a lawyer leaves a practice, or passes away?

694
01:28:36.170 --> 01:28:43.159
Maira: Lawyers leaving or retiring from larger firms may have fewer concerns, as the remaining firm members continue to arrange for file storage.

695
01:28:43.410 --> 01:28:49.289
Maira: Who will want to take responsibility for client files when a sole practitioner retires? Who will pay for storage?

696
01:28:49.530 --> 01:29:01.560
Maira: Electronic storage is now more secure and more reliable than maintaining hard copies of files. For those of you who are considering maintaining only electronic copies of the file materials, you need to keep the following in mind.

697
01:29:01.690 --> 01:29:05.260
Maira: Maintaining confidentiality. Accessibility.

698
01:29:05.610 --> 01:29:14.650
Maira: the format and future readability of the documents, and cloud storage, noting that consent is to be obtained if files are stored outside Canada.

699
01:29:15.570 --> 01:29:21.449
Maira: Lastly, you will want to require a process to bring these files in need of destruction to your attention.

700
01:29:21.620 --> 01:29:31.749
Maira: You can maintain them in your diary system or a process whereby the closed file listed is reviewed at regular intervals to identify those that are ready for disposal.

701
01:29:32.190 --> 01:29:41.809
Maira: When the day comes for the file to be destroyed, additional processes will be necessary. The most common method of destruction of paper or hard copy files is shredding.

702
01:29:41.960 --> 01:29:48.560
Maira: A professional shredding service, a student, or assistant can do this, or a lawyer can shred the file themselves.

703
01:29:48.670 --> 01:29:55.919
Maira: The most important consideration with this process is exercising due diligence to protect confidentiality throughout the shredding process.

704
01:29:56.530 --> 01:30:06.220
Maira: Firms that store closed files digitally on hard drives, USB sticks, or in the cloud will need to create a process for the complete deletion or destruction of the file.

705
01:30:06.430 --> 01:30:16.620
Maira: Hard drives and USB sticks cannot simply be dumped into the trash or repurposed. Because programs exist to reformat hard drives, extra care and attention must be taken.

706
01:30:16.760 --> 01:30:25.300
Maira: If files are deleted from the cloud, attention must be paid to ensure they have not been backed up to another server. If they have, the backup must all

707
01:30:25.460 --> 01:30:26.880
Maira: Also be deleted.

708
01:30:27.090 --> 01:30:32.650
Maira: Now, that concludes the formal part of our presentation, and I'll now turn it back over to Tera for closing comments.

709
01:30:34.130 --> 01:30:40.979
Tera: Thanks, Maira. So that brings us to the end of this webinar. We hope that you have gained many key takeaways.

710
01:30:41.000 --> 01:30:55.159
Tera: If you have any questions following this webinar, or if you have other Practice Management questions or topics that you would like to delve into, please submit a request for a Practice Management Consultation with Practice Management Council.

711
01:30:55.170 --> 01:31:10.489
Tera: Once we receive your request, we will reach out to schedule a Teams meeting or telephone call. We are happy to assist and support lawyers at any stage of their practice. We sincerely thank you for listening, and we hope you have a great day.

712
01:31:19.650 --> 01:31:21.670
Communications Support: Awesome Okay!

713
01:31:23.030 --> 01:31:23.570
Communications 2: Alright.

714
01:31:23.570 --> 01:31:24.870
Communications Support: That's a wrap!

715
01:31:25.030 --> 01:31:26.410
Donna: Yay!

716
01:31:26.950 --> 01:31:28.210
Maira: That was so good!

717
01:31:28.860 --> 01:31:29.550
Donna: Awesome!

718
01:31:29.550 --> 01:31:30.200
Communications 2: Yeah, yeah.

719
01:31:31.000 --> 01:31:33.160
Donna: I liked that without the camera stress.

720
01:31:33.160 --> 01:31:33.689
Tera: It just…

721
01:31:33.690 --> 01:31:34.280
Communications Support: Oh, cute.

722
01:31:34.280 --> 01:31:36.229
Maira: It forces you to just read, and… yeah.

723
01:31:36.230 --> 01:31:37.010
Donna: Yeah.

724
01:31:37.010 --> 01:31:40.659
Tera: Do you know what? I think it actually forces the listener to listen.

725
01:31:40.920 --> 01:31:41.710
Maira: Yes.

726
01:31:41.920 --> 01:31:53.560
Tera: Because they're not distracted by the talking head. Like, and it, you know, I think it makes a difference. So, I'm sorry, there are a few, like, edits for me. I tried to pause and, like.

727
01:31:54.140 --> 01:31:54.860
Communications 2: Oh, yeah.

728
01:31:54.860 --> 01:32:05.330
Tera: say the sentence again. I marked down some of them, but not all of them, so I apologize, and I'm happy to, like, help you guys identify any of those.

729
01:32:05.330 --> 01:32:06.690
Communications 2: I think Beth got them.

730
01:32:06.690 --> 01:32:09.759
Communications Support: Yeah, I don't think there were very many, to be honest.

731
01:32:09.760 --> 01:32:11.370
Maira: There was two.

732
01:32:11.370 --> 01:32:11.840
Communications Support: Yeah.

733
01:32:11.840 --> 01:32:13.820
Maira: I'm in this space, so there's too far out.

734
01:32:13.820 --> 01:32:16.209
Communications Support: I wrote them down so I can edit them out no problem.

735
01:32:16.210 --> 01:32:20.429
Tera: Okay, thank you very much. Yeah. Thank you. Cool.

736
01:32:20.430 --> 01:32:21.010
Communications 2: Okay.

737
01:32:21.010 --> 01:32:25.200
Tera: Okay, so, so one thing I did notice,

738
01:32:26.020 --> 01:32:44.390
Tera: I don't know how, but there's no link for the flowchart on my page, slide 19, and so I'm… I'm going to update that to put an actual link to the flowchart that I talk about, on that page, and then I think that was it. Nobody else noticed anything?

739
01:32:45.410 --> 01:32:45.930
Tera: bet.

740
01:32:46.520 --> 01:32:50.579
Communications 2: Perfect. We can, yeah, include the updated slide in the… In the deck.

741
01:32:50.780 --> 01:32:54.720
Tera: Okay, perfect. Kate, that's great. Thank you very much, you guys.

742
01:32:55.000 --> 01:32:55.549
Communications 2: Awesome, thanks!

743
01:32:55.550 --> 01:32:55.980
Communications Support: I don't know.

744
01:32:55.980 --> 01:32:57.389
Donna: Great, thank you guys.

745
01:32:58.000 --> 01:32:58.540
Tera: whenever.

746
01:32:58.540 --> 01:32:59.780
Maira: Bye.

747
01:32:59.780 --> 01:33:01.670
Donna: Have a good long weekend! Bye! Bye!

