Future of Discretion Family Case Management Tariff Pre-Authorizations

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

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

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

CASE MANAGEMENT

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

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

Case Management Principles 1.Provide lawyers working on complex cases with appropriate resources to deliver high quality legal services 2.Ensure cost-effective and efficient management of a case 3.Monitor and control case cost in accordance with the standard of a reasonable client of modest means properly advised 4.Articulate clear case management expectations regarding counsel and case manager

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

Topics for Feedback › Proposed eligibility criteria › Proposed Case Management process › Proposed budget setting › Proposed implementation timelines

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

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 days if account matches – i.e., account does not exceed budget, is not late billed, etc.

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

CFSA Crown Wardship Tariff WordingDescriptionBase TimeCourt Day Increase Hours in Court CFSA04CFSA Base22N/A FA021All Subsequent Pretrials02hrs each daytime spent FA044Status Review Other6N/A FA0## Status Review Soc-Crown 6N/A FA045Trial Authorized184hrs each daytime spent FA048Motion for sum. judge.8N/Atime spent

CFSA Crown Wardship CM 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: Pre-Trial PrepHours Disclosure: exceeds the norm – tariff allocation is inadequate 5-10 Procedural Pre-trial motion (initiating or responding): complex – adding party, reserve band involved 5 including court time Substantive Pre-trial motion (initiating or responding): complex – increasing access 5 plus court time

The following guidelines will assist case managers in setting budgets and establishing expectations for the bar regarding CM authorizations for Trial Prep: CFSA Crown Wardship CM Authorizations Trial Prep Trial PrepHours Complex medical evidence, experts10-15 Parenting Capacity Assessment10 Trial by Affidavit10

TARIFF PRE- AUTHORIZATIONS

CFSA Status Reviews Society 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

IMPLEMENTATION AND NEXT STEPS

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