Future of DiscretionFamily

Case ManagementTariff 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 21-25 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

Wording Description Base Time Court Day IncreaseHours in

Court

CFSA04 CFSA Base 22 N/A N/A

FA021 All Subsequent Pretrials 0 2hrs each day time spent

FA044 Status Review Other 6 N/A N/A

FA0##Status Review

Soc-Crown6 N/A N/A

FA045 Trial Authorized 18 4hrs each day time spent

FA048 Motion for sum. judge. 8 N/A time spent

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:

Pre-Trial Prep Hours

Disclosure: exceeds the norm – tariff allocation is inadequate

5-10

Procedural Pre-trial motion (initiating or responding): complex – adding party, reserve

band involved5 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 WardshipCM Authorizations Trial Prep

Trial Prep Hours

Complex medical evidence, experts 10-15

Parenting Capacity Assessment 10

Trial by Affidavit 10

TARIFF PRE-AUTHORIZATIONS

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

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