Future of Discretion Family

1. Future of DiscretionFamily Case ManagementTariff Pre-Authorizations

2. Purpose of Presentation • To provide an update on: • Family Case management • Tariff Pre-Authorizations • To seek feedback on proposals regarding Family Case Management

3. Case Management & Tariff Pre-Authorizations • Case Management: a program to create cost certainty and predictability by supporting service providers in the management of complex, costly proceedings ($8,000 <) • Double Authorizations: increase in status reviews authorization in society to Crown wardship matters: 6 to 12 hours

4. Phased Approach • Phase 1 • Learning and development opportunity for LAO and the bar – how do we do this together • Changes will be monitored and adjusted as required based on improvements to client service, ongoing feedback from the bar, and LAO’s financial situation • Phase 2 • Building on lessons learned and depending on the outcome of Phase 1, LAO may expand case management and tariff pre-authorizations to other areas

5. CASE MANAGEMENT

6. Case Management • Create cost certainty and predictability • Identify cases by charge that are complex and costly ($8,000<) and stream to case management program • Provide budgets through tariff authorizations and additional Case Management (CM) blocks of hours • Simplify billing and payments

7. Why case management? • Response to stakeholder concerns regarding: • predictability and certainty in complex, costly matters • impact of clarified discretion guidelines • adequacy of the tariff • billing and payment processes • Achievement of LAO’s mandate • Ensuring cost effective, efficient, high quality legal services • Compliance with LASA – discretion • Greater certainty and control over case costs • Simplified billing and payment processes

8. Case Management Principles • Provide lawyers working on complex cases with appropriate resources to deliver high quality legal services • Ensure cost-effective and efficient management of a case • Monitor and control case cost in accordance with the standard of a reasonable client of modest means properly advised • Articulate clear case management expectations regarding counsel and case manager

9. Case Management Objectives • Ensuring high quality, cost-effective client service • Building stronger relationships with LAO’s service providers • Understanding the case and the costs associated with the proceeding • Supporting service providers and suggesting cost effective alternatives when appropriate • Determining tariff gaps in support of future improvements • Identifying systemic issues and promoting improvements when possible

10. Topics for Feedback • Proposed eligibility criteria • Proposed Case Management process • Proposed budget setting • Proposed implementation timelines

11. Proposed Eligibility Criteria • The case is likely to exceed $8,000 • The case is a CFSA Crown wardship matter • LAO will review and add matters • A settlement conference has been held • Counsel agrees to the case management terms and conditions

12. Proposed Case Management Process • A direction will appear on a certificate which covers a case management eligible matter – this case may be case managed • Where costs likely to exceed $8,000, counsel completes case management assessment form and forwards to LAO • LAO case manager reviews assessment form, contacts counsel to discuss case and sets budget if indicated • Case management authorizations added to certificate • Counsel completes work and submits account for payment • Payment within 21-25 days if account matches – i.e., account does not exceed budget, is not late billed, etc.

13. Case Management Budget • Budget set based on existing tariff authorizations and case management (CM) authorizations • CM authorizations to be added to certificate (additional hours) • 5 hours • 10 hours • 15 hours • 20 hours • Budgets will be determined in consultation with the case manager • Budgets once set can only be amended in exceptional circumstances • No discretion is available on case managed files

14. CFSA Crown Wardship Tariff

15. CFSA Crown WardshipCM Authorizations Pre-Trial Prep The following guidelines will assist case managers in setting budgets and establishing expectations for the bar regarding CM authorizations for Pre-Trial Prep:

16. CFSA Crown WardshipCM Authorizations Trial Prep The following guidelines will assist case managers in setting budgets and establishing expectations for the bar regarding CM authorizations for Trial Prep:

17. TARIFF PRE-AUTHORIZATIONS

18. CFSA Status ReviewsSociety to Crown wardship • Tariff currently allows six hours • LAO will double the authorization to allow up to 12 hours for status reviews – society to Crown wardship • LAO will review other areas in family and child protection matters where increases to authorizations may be required

19. IMPLEMENTATION AND NEXT STEPS

20. Proposed Implementation and Next Steps • Proposed effective date: Fall, 2012 • Incorporate CLA advice where possible • Provide update to the bar beginning of November • Schedule information/training sessions November/ December