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CCCA_V3No1_MCPD-FIN.qxd:CCCA_V1No1_DriversSeat-FIN.qxd 1/21/09 3:01 PM Page 27 By Heather Greenwood Davis Feature Making learning mandatory Several provinces have introduced mandatory continuing professional development (MCPD) regimes or are considering rolling them out. Will the courses on offer reflect the unique needs of the in-house bar? T he clock you heard ticking December 31 wasn’t just a countdown to the NewYear. It was also a countdown to new obligations.Over the next two years,lawyers across the country will have new responsibilities when it comes to continuing professional development (CPD), usually considered a broader category than continuing legal education (CLE). Mandatory CPD will be introduced in British Columbia and Quebec in 2009 and Saskatchewan in 2010, while other provinces are rolling out similar programs or considering them closely.The obligation varies from province to province, but in each case, counsel will be asked to take greater responsibility for their own professional development. These rules will fully apply to corporate counsel.Although they often wear many hats and might not always need to have substantive legal information at their fingertips to the extent some private- practice lawyers do, MCPD will still become yet another responsibility for in-house lawyers. “I certainly wouldn’t suggest that there’s something different about corporate/commercial prac- tice that should exempt [in-house counsel] from CLE requirements if the province decides to pro- ceed in their jurisdiction,” says CCCA Director of Professional Development Paul Ouellette. “I would suggest that perhaps, given the current economic climate and some of the fallout that we might expect in the areas of corporate governments and regulation, that CLE is probably going to become even more important in the years ahead,” Ouellette adds. Given the unique needs of corporate counsel, the success of mandatory CPD might start with an understanding of its purpose, but will only cement itself by demonstrating to in-house lawyers sufficient flexibility in design, material and access to properly serve those who take it. Cross-country checkup By now, most lawyers in British Columbia are aware of their obligation to participate in 12 hours of CPD this year.A list of approved MCPD activities has been published on the website of the Law Society of B.C. (http://www.lawsociety.bc.ca/licensing_membership/profdev/activities.html). It includes CLE courses, law firm educational courses, teaching a law course, participating in a legal ROBERT KARPA study group or writing articles related to legal practice. Deborah Armour, director of legal services at Powerex inVancouver and a member of the CCCA executive, says corporate counsel have a vested interest in making sure they’re part of the mandatory PRINTEMPS 2009 CCCA Canadian Corporate Counsel Association 27
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