Costs 2020

Product Type: Course

This course has no current sessions.

DescriptionMore DetailAgenda

You cannot afford to mismanage costs issues, either on your litigation files or in your dealings with your own clients!

—Rebroadcast—
Last Kick at the Can 2020
Tuesday, December 8, 2020
9:00 am – 4:00 pm via webinar

(Original course date: February 13, 2020)

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Who should attend: All litigation counsel, paralegal and senior legal support staff who have conduct of the costs aspects of files, lawyers in managerial positions, and lawyers who are interested in protecting their entitlement to fees and in handling fee disputes effectively.

Learning level: All

There is no aspect of the litigation process that is not affected by party-and-party costs. As litigation counsel, having a detailed understanding of the substantive law and procedure surrounding costs will not only put you in a better position to advise your clients, but can greatly improve your clients’ economic outcomes. A similar knowledge of the law pertaining to costs as between lawyers and their own clients is essential to all lawyers regardless of practice area, and will help ensure you are paid for the hard work you do.

This comprehensive one day course is designed to give counsel at all levels a strong working knowledge of the principles and practice that govern the law of costs. This course will focus on the core areas and current issues and developments in these critical areas.

Course Chair
Greg Palm — Hamilton Duncan, Surrey

Law Society of BC CPD Hours: This rebroadcast has been edited, reducing runtime. A bonus presentation is included to ensure you receive the same or more CPD hours as the original course.	CPD Hours	Ethics* Hours
Watch Costs 2020 ONLY	5.50	1.0
Watch Costs 2020 and bonus video Managing Anxiety in a Time of Uncertainty	6.50	2.0
*"Ethics" refers to professional responsibility and ethics, client care and relations, and/or practice management credit

Reduced Pricing To support you during COVID-19, CLEBC is offering reduced pricing for courses.
Pricing Last Kick at the Can 2020
Rebroadcast	$489 $405
Rebroadcast Articled Student	$244.50 $202.50
Experiencing financial hardship due to COVID-19? You may be eligible for further reductions in our course prices. Please contact Customer Service for more information. Registration includes an electronic copy of the reference materials. *Please note:* The CPD hours of the rebroadcast will either meet or exceed the CPD hours of the original live webinar course.

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CLEBC Program Lawyer*
Raymond Lee
rlee@cle.bc.ca
*non-practising

Course Chair
Greg Palm — Hamilton Duncan, Surrey

About the Course Chair
Greg Palm is a partner at Hamilton Duncan in Surrey and the leader of that firm's civil and commercial litigation department. His practice focuses on commercial disputes, collections and foreclosures, employment law and real estate litigation, but also includes a significant amount of work for lawyers and law firms, as well as their clients, in relation to disputes about legal fees and related matters and disputes over the costs of litigation.

Greg is a member of the CLEBC board of directors, is a contributing author and editorial board member for the CLEBC publication, Practice Before the Registrar and has authored the chapter on "Costs" in CLEBC's Annual Review of Law and Practice from 2007 to 2013 and the chapter on "Lawyers' Remuneration" from 2007 to the present time. He was also a member of the former Fee Review Working Group for the Law Society of BC, is a past president and current director of the Surrey Bar Association, and is a current member of the Provincial Council of the CBA, BC Branch where he also chairs its Professional Issues Committee.

Greg holds a Bachelor of Business Administration from SFU and a Bachelor of Laws from UBC. He was called to the BC bar in 2001.

Faculty
Christopher J. Hope — Lindsay LLP, Vancouver
David A. Hunter — Hamilton Duncan, Surrey
Alexander D.C. Kask — Guild Yule LLP, Vancouver
Andrew P. Morrison — Shields Harney, Vancouver
Registrar Scott A. Nielsen — Supreme Court of BC, Vancouver
Taylor-Marie Young — Rush Ihas Hardwick LLP, Kelowna

Course Materials Contributor
Norika Takacs-Rehm, Articled Student — Guild Yule LLP, Vancouver

Click here for full faculty bios

Welcome and Land Acknowledgement

Greg Palm — Hamilton Duncan, Surrey

COSTS AS BETWEEN PARTIES

Ordinary Costs: Entitlement and Manner of Assessment

costs to follow the event and "substantial success"
departure from the usual rule
scales of costs and their applicability
"uplift" costs under s. 2(5) of Appendix B

David A. Hunter — Hamilton Duncan, Surrey

Special Costs: Entitlement and Assessment Issues

the impact, if any, of pre-litigation conduct
litigation conduct that might attract special costs
how are special costs assessed?
disclosure and proof vs. the lawyer-client privilege

Taylor-Marie Young — Rush Ihas Hardwick LLP, Kelowna

Break

Not Just a Formality: Offers to Settle and their Cost Related Consequences

understanding the exercise of the court's discretion
reasonableness of offers and the incentive to settle
unlisted but potentially relevant factors
handling the application: applicant vs. respondent

Alexander D.C. Kask — Guild Yule LLP, Vancouver

Prosecuting and Defending a Costs Assessment

preparing a quality bill of costs
documenting objections
the assessment process
understanding the tariff
disbursement issues

Christopher J. Hope — Lindsay LLP, Vancouver

Networking Lunch (provided)

COSTS AS BETWEEN LAWYER AND CLIENT

Documenting and Explaining Retainer Terms

essential terms as to fees and payment timing
avoiding future problems by addressing them up front
some lesser known, but important, issues
the duty to advise and how to discharge it

Andrew P. Morrison — Shields Harney, Vancouver

Protecting Remuneration when the Relationship Ends

withdrawal issues
possessory (retaining) liens
liens and charges on litigation proceeds
avoid prejudicing your own claim

Greg Palm — Hamilton Duncan, Surrey

Break

Legal Profession Act Reviews: Perspectives from the Court and Counsel

using the pre-hearing conference effectively
preparing for the hearing
conducting the hearing

Andrew P. Morrison — Shields Harney, Vancouver
Registrar Scott A. Nielsen — Supreme Court of BC, Vancouver
Greg Palm — Hamilton Duncan, Surrey

Closing Remarks

Greg Palm — Hamilton Duncan, Surrey

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