British Columbia Legal Management Association topicstopics A NEWSLETTER TO HELP OUR MEMBERS AND PARTNERS KEEP CURRENT ABOUT THE BUSINESS OF LAW SPRING 2006 Small firms have big attitude, mutlitask and stay close to their markets Small firms specialize in cheerful business ang Michener. Lawson Lundell. cers throughout BC. These are the big firms. That’s why they require Fasken’s. Davis & Company. “Small Firms,” and there are a lot of just as much, if not more, attention to L Some of the most recognizable them throughout the province. their unique situations as well as names in our local legal community as greater representation within the well as on the national scale. We read MANAGERS AND BCLMA. Small firms may be an un- about them and their “Big Deals” in le- tapped market for our association gal journals and city business papers. ADMINISTRATORS IN THESE and with more affordable member- Mandell Pinder. McDonald & OFFICES WILL TELL YOU IT’S ship fees, we can look at approaching Company. Camp Fiorante Matthews. those firms and creating an even Brawn Karras & Sanderson. Not in- MORE THAN SIZE THAT larger membership, networking base stantly recognizable, and they proba- DEFINES A SMALL FIRM. IT’S and opportunities for learning from bly don’t appear on lists of The each other.” Biggest… or The Most…. CULTURE AND IDENTITY. What defines a small firm? Yet, these, and many like them, are Office managers and administrators all thriving offices that provide es- Stephanie Cornell, a member of in these offices will tell you it’s more sential legal services and employ the BCLMA’s Executive Committee, than size. It’s culture and identity. hundreds of legal administrative as- says, “In the Lower Mainland, there According to Caren Cook, Admin- sistants, paralegals and conveyan- are more small firms than there are istrator at Slater Continued on page 2 ➟ Planning provides a case where it would be unwise to be, well, ill-prepared Pandemic potential offset by contagion preparation BY BONNIE KIRK, LAWSON LUNDELL LLP

arely does a day go by where the nightly news fails to comment on the status of the avian flu. It R does so in response to the medical profession’s desire to ensure the public is fully aware of the possibility that influenza could escalate to a pan- demic level “sometime” in the future. No one knows for certain when or even if the current strain of influenza will mutate to where it becomes a serious threat to humankind. But based on its advancement in recent months, the Bonnie Kirk medical profession feels certain it is only a Sick Leave: How well matter of time before it does. will your firm function A pandemic, by definition, is an illness in the face of a pan- that spreads simultaneously throughout a demic, with empty population. There have been three pan- rooms? Your own em- demics of note in North America, the sever- ployees may fall ill, est being the Spanish Influenza of 1918. It but much more likely: claimed the lives of between 20 million and they’ll be home avoiding groups of people, or looking after children 40 million people worldwide, most of whose schools or daycares closed. Will your clients arrive for meetings? whom were young Continued on page 8 ➟ TOPICS • SPRING, 2006 • BC LEGAL MANAGEMENT ASSOCIATION • WWW.BCLMA.ORG • MEMBER SERVICES: [email protected] ➟ Small Firms: Continued from page 1 What about the clients? Slater Vecchio’s experience is much Even the clients are different. The the same despite the fact that it prac- 2 Vecchio, a Small Firm, “has the clients are people, generally, not cor- tices plaintiff personal injury. Browse unique ability to reflect the people porations. Paula Kiess of Mandell a Yellow Pages directory or turn on the who built it and the employees who Pinder explains, “Our firm handles television and you will find all kinds embrace its vision and dynamic.” aboriginal matters. It’s something we of ads for personal-injury lawyers, With one, or a few practice areas, but Slater Vecchio receives its share of everyone knows what everyone is do- business on the basis of its reputation ing and is committed to the same end. THERE IS A GREAT SENSE and referrals. It doesn’t hurt either You are more likely to find legal secre- when the firm’s co-founder is touted taries assigned to files, not to lawyers. OF TEAMWORK. as the Best MV lawyer in town by The There is a great sense of teamwork. AS THEY SHARE THE WORK, Georgia Straight, exactly the kind of As they share the work, they also THEY ALSO SHARE THE publication SV’s prospective clients share the success. “Small groups can would likely browse, as opposed to celebrate together,” says Ann Main, SUCCESS. an industry paper or journal. Administrator at Camp Fiorante How does a Small Firm attract and Matthews. It’s no problem for ten or a maintain talent? dozen employees to go out to cele- believe in; we are benefiting people. “Some people don’t want to com- brate a win or congratulate a stu- It’s not the same as defending a tobac- mute downtown. In those cases, we dent’s call to the bar. Celebrating and co company.” have been lucky,” explains Marie Fin- socializing together creates that sense Do Small Firms have trouble attract- stad, Administrator at McQuarrie of family. ing business? Hunter. “But at the same time, we have Colleen Chapman creates that fam- “We have more work than we lost lawyers and staff to the bigger ily dynamic at Brawn Karras & know what to do with!” explains firms for more money. While we are Sanderson by making a point of Kiess. “We don’t need to advertise.” conscious of industry standards, and touching base with her staff each day. Jeff Mousseau, Office Manager at strive to maintain them, a smaller client “A simple ‘How ya doin’ today?’ McDonald & Company (aboriginal base means lower fees which means adds that personal touch that staff can law) and Main, (aviation and class ac- less revenue and fewer resources.” really appreciate. And it keeps me in tion), both agree. Their firms are so Small firms find they have to be cre- touch with them as well.” specialized, clients seek them out. Continued on page 11 ➟

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TOPICS • SPRING, 2006 • BC LEGAL MANAGEMENT ASSOCIATION • WWW.BCLMA.ORG • MEMBER SERVICES: [email protected] How effective marketing can influence 3 corporate counsel selection of outside counsel he Vancouver chapter of the Le- for the Vancouver emphasized that they look at the firm gal Marketing Association re- Port Authority; and first, and the person second. Best T cently presented a panel of expe- Catherine Smith, Buy’s Smith says that her legal team rienced BC general counsel to discuss Vice President of has areas of in-house expertise and how they, as corporate counsel, select Legal Services for uses external counsel mostly outside outside counsel. Best Buy Canada. of those areas. All said that corporate They discussed factors influencing Most of the counsel, not other business heads, se- their choice of lawyers, why they ter- panel had experi- lect or need to approve all hiring of minate business with firms, and how ence in the public outside counsel. Paul Reynolds, they feel about various legal market- sector as well as 2nvision ing approaches. overseas seasoning, HOW DO YOU DECIDE TO CHANGE Consulting More than 90 people attended the so they were able to OUTSIDE COUNSEL? event; about half were practicing reflect views from public and private The lawyers who are rehired are lawyers. sectors as well as large and small those who deliver value and demon- Paul Reynolds of 2nvision Con- organizations. strate an understanding of the client’s sulting, a Vancouver-based firm, de- business. Lawyers who bill late, miss veloped the panel, topics and reading HOW DOES YOUR ORGANIZATION budgets, over-lawyer the matter or materials. His organization assists HIRE OUTSIDE COUNSEL? have too many people working on a law firms with marketing. He was a All panelists emphasized the over- file soon find themselves replaced. corporate general counsel for 15 riding importance of hiring a lawyer Several panellists complained of rates years. who either knows the business or lis- going up year after year out of pro- He was joined by Allison Crane, tens carefully to understand the orga- portion to the cost of living. Smith senior counsel at Weyerhaeuser; Dean nization’s needs and goals. While all gave excessive rate increases as one Readman, Director of Legal Services require expertise, most of the panel Continued on page 4 ➟

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TOPICS • SPRING, 2006 • BC LEGAL MANAGEMENT ASSOCIATION • WWW.BCLMA.ORG • MEMBER SERVICES: [email protected] ➟ Selecting Counsel: Continued from page 3 Traditional “marketing by lunch” letters can effectively demonstrate and other entertainment was dis- expertise whereas advertising can- 4 trigger to change counsel. This topic cussed and dismissed. The panel not. arose again at question time. agreed these had almost no influence Those who had experience with on hiring. Smith said she had no time RFPs spoke of the poor presenta- HOW CAN FIRMS BE MORE for lunches; breakfasts were better tions, a surprising failure to follow EFFECTIVE IN MARKETING but praised those who took the cre- instructions and the trend to exag- THEMSELVES TO YOU? ative avenue of conversing over a late gerate expertise and experience. The panel had a great deal to say afternoon walk around the Stanley RFPs worked well for large projects about marketing. The Vancouver Park Sea Wall. or for selecting key-relationship Port Authority’s Readman said that Other techniques were noted. firms. They were not suited to most offering an in-house seminar geared Crane said that speeches brought new instructions but the panel to the client’s needs was a key tactic. new counsel to her attention. Read- agreed that they were becoming Consultant Reynolds referred to man spoke of the great impression more common. secondments and the impact these created by one firm asking to accom- Crane spoke about firms doing cli- had. A lawyer who had been tem- pany him on a tour of the port. None ent-satisfaction surveys. As far as she porarily assigned to a client’s office of the panel could ever recall a was aware, no one had been sur- became valuable to the relationship. lawyer reading their annual report or veyed at Weyerhaeuser. Their insights into the business asking for the client’s strategic plan. They would welcome this and would help the firm provide better All panelists use the websites of were surprised that it was not being service, and make it easier and more firms and find them helpful. Ad- done. Smith said she liked the survey attractive for the client to instruct vertising was usually panned as method and welcomed more. Mar- that same firm over and over. too general but Smith said she no- keting staff — not lawyers—had sur- Another way to obtain a broader tices, reads and remembers ads in veyed her. base of business was to create a client Lexpert. There was general agree- Readman preferred that the inter- team. Smith and Reynolds, whose out- ment that law-firm newsletters viewer be a marketing person or a side counsel had created such teams, were better than advertising. consultant, and definitely not a part- praised the improved service and effi- Newsletters are often forwarded to ner—lawyers, he said, were too sensi- ciency they received with them. others in the organization. News- tive to criticism. Continued on page 11 ➟

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TOPICS • SPRING, 2006 • BC LEGAL MANAGEMENT ASSOCIATION • WWW.BCLMA.ORG • MEMBER SERVICES: [email protected] Special Advertising Feature 5

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TOPICS • SPRING, 2006 • BC LEGAL MANAGEMENT ASSOCIATION • WWW.BCLMA.ORG • MEMBER SERVICES: [email protected] PROFILE: Doug Ausman, President-Elect of BCLMA 6 Ausman’s life busy, balanced BY STEPHANIE CORNELL mainly of provin- environment. The partners are easy to STIKEMAN ELLIOTT LLP cial government work with. At a small firm, where and university everyone knows everyone, there is def- ou may not know Doug posts. The extent initely a family-feel. And everyone Ausman. He has been a of his legal knowl- there happens to be very flexible. Staff BCLMA member for less edge was having find their own coverage!” than four years, having responsibility for If staff members are going to be joined when he became the lawyers as- away, they will seek out another em- Chief Operating Officer at signed to the BC ployee who can cover. And if the re- Stephanie Ratcliff and Company LLP Ministry of Lands placement is pulled away to attend to Cornell in North Vancouver in May in the 1980’s, and other responsibilities, it is up to that 2002. You will get to know him, how- participating in the drafting and in- staffer to find yet another to step in. It’s Yever. Ausman is the BCLMA’s President- terpretation of legislation for various a system that Elect for 2006. Less than four years in government housing programs. works for the biz and already he’s interested in So when Ausman and his wife de- everyone. giving back. cided to move from Victoria to Vancou- Apparently He credits his enthusiasm with the ver to be closer to their son and his fam- many of Rat- benefits the association has provided ily, Ausman initially began seeking cliff’s systems him. “Drawing on the knowledge of employment in those same sectors. work for the my counterparts has been so very That is, until he read an advertise- group-at- helpful,” says Ausman. Being able to ment in The Vancouver Sun for a COO large. Ausman call fellow members with questions position at a small firm on the North noted that the and discuss common challenges is Shore. He was hired in short order, de- firm has the valuable. “And, I make a point of vis- spite his lack of legal experience. lowest em- iting the website-discussion page and The partners were confident that ployee- BCLMA providing whatever information I can Ausman could undertake the position turnover rate President-Elect because other members have been so even though Ausman had a reservation of any of the Doug Ausman helpful to me along the way.” or two of his own. “I wondered what places where It’s been especially helpful to him the lawyers would be like. Would they he has worked. Many of the associates since Ausman doesn’t have a law firm live up to the stereotypes? Would they and partners articled at the firm. background. With a Masters Of Busi- receive me?” The challenges Ausman faces, how- ness and a CGA designation, Aus- Ausman was delighted with the out- ever, are not unique. The day-to-day man’s career history is comprised come. “Ratcliff & Co is such an inviting churn of HR, Continued on page 7 ➟

their wine knowledge and experi- BCLMA’s Spring Social pops its cork ence. Four stations were set up throughout the reception room, each KON Document Solutions sponsored the an- station a different theme complete Inual Spring Social on February 23rd at the with charts and take-away info Law Courts Inn. cards. Attendees learned about Gabe Baker, Facilities Management Specialist; Food and Wine Pairings, Basic Vari- Paddy Carroll, Major Account Manager, Legal & etals, and Tastes & Smells. FTLOW’s Accounting Division; and Gregg Coad, Director knowledgeable staff answered of Sales, BC; were all on hand to greet and social- everyone’s questions. The food was ize with BCLMA members. excellent and plentiful. The affair was a Wine Tast- The association thanks IKON for ing Event hosted by For The their generous sponsorship of this Love Of Wine, (FTLOW) a local event. Bonnie Kirk and Leslie Morgan (pic- company that provides wine tured) were just two of the several winners of training and tasting pro- door prizes that IKON provided. Congratula- grams, created for the entry- tions to all the winners. For further informa- level wine enthusiast, as well tion regarding IKON’s products and services, as those who want to enhance go to TOPICS • SPRING, 2006 • BC LEGAL MANAGEMENT ASSOCIATION • WWW.BCLMA.ORG • MEMBER SERVICES: [email protected] ➟ Ausman: Continued from page 6 604 689-FAST (3278) 7 such as dealing with sick days and pay- Serving the Lower Maainlaand & Fraaser Vaalleyy roll, can get in the way of strategic plan- CC OO UU RIRIE R Serving the Lower M inl nd & Fr ser V lle ning, and convincing the partners to keep current with IT developments and • Same Day Messenger initiating marketing plans can be • Online Order Entry & Billing trying. • Online Tracking and Tracing “Ratcliff and Co. shies away from • Domestic & International Servic the ‘Full Service Firm’ label, even •NextFlightOut though they are able to address many • Evening & Weekend Service needs of a single client.” Ausman is ea- ger to identify and respond to those 1213 Frances St. Vancouver Toll Free 1.877.533.3278 Fax 604.689.3026 needs, and recognizes that the vehicle [email protected] www.flashcourier.com Sales/Admin. 604.689.0824 required to bring attention to those needs is marketing. Ausman looks forward to learning more about the legal industry, a goal certain to be realized as he settles into his chair on the BCLMA Executive Com- mittee. Ausman was introduced at the BCLMA’s AGM held on Tuesday, April 4th. Ausman also looks forward to adding more countries of interest to his travel itinerary. For the past several years, he and his wife have been travel- ing the world. The UK, Asia, the South Pacific, Eastern Europe… this June, they are going to Paris. Travel isn’t their only passion. Three grandsons, fruit winemaking and ski- ing also occupies much of their free time. It’s a busy but seemingly balanced life for the President-Elect. The BCLMA looks forward to his continued contri- butions in the coming years. We are one of Vancouver’s largest ATTENDING A SEMINAR? independent accounting firms and trusted advisors to many of B.C.’s most successful law firms. If you’re attending a confer- Our aim is to provide “service beyond ence, seminar or workshop expectations”. Please call us to discuss what we can do for and would like to share your your firm. Paul Gaster acquired knowledge with your [email protected] Direct: 604 691 6807 fellow BCLMA members, 900 - 400 Burrard St 302 – 20338 – 65th Ave VANCOUVER BC LANGLEY BC please contact Topics Editor V6C 3B7 V2Y 2X3 Tel 604 684 6212 Stephanie Cornell. www.wolrigemahon.com

Contact info: see last page.

TOPICS • SPRING, 2006 • BC LEGAL MANAGEMENT ASSOCIATION • WWW.BCLMA.ORG • MEMBER SERVICES: [email protected] ➟ Ill prepared: Continued from page 1 op a business-continuity plan for pan- ly dependent on the state of the demics, and each firm will have con- economy. Revenues will diminish 8 and healthy. It is for this reason the cerns particular to their own environ- as the economy declines. medical profession becomes alarmed ment. First, though, let’s summarize ✔ Law firms located in office towers when influenza appears to be escalat- some points the medical community would face a much higher rate of ing to a level that would be difficult and government have brought to absenteeism. Worse, they could to control. One thing the medical pro- light. have zero attendance if fear keeps fession realized from experience was everyone away. that it could not combat a pandemic WHAT IS THE MEDICAL alone, that health workers needed the COMMUNITY OR GOVERNMENT WHAT CAN A FIRM DO TO PREPARE assistance of both the government FAIRLY CERTAIN ABOUT? FOR AN INFLUENZA PANDEMIC? and business community if they ✔ There will be three reasons for ab- Planning for a pandemic requires a wanted to keep things under control. senteeism: an employee’s illness, certain skill set. They are much more In response to the call for height- the need to care for an ill loved difficult to anticipate than other cata- ened awareness, the Facilities and Fi- one and fear. Of the three, fear will strophic events, say, for example nance subsections of BCLMA co-host- be the number one reason for earthquakes. A ‘quake plan focuses on ed a forum called Business Continuity/ people being absent. the aftermath of a brief few minutes Pandemic Planning. ✔ People faced with a reduction in whereas a pandemic spans an un- The subsection leaders felt there pay will not self-quarantine. This known period and concerns matters was a need for the legal community will cause the influenza to spread. of the heart and home. The medical to be aware of the devastating impact ✔ Infrastructures require people to community, at the moment, feels an a pandemic influenza could have, run efficiently. Without people, influenza pandemic could last up to both on their own staff and their they will collapse. two months. But what if it’s longer? economy. ✔ E-commerce will experience a Furthermore, the world typically The high level of attendance at the sharp increase. gains insight into the preparation re- event proved that the community ✔ The global economy will take a quired towards future events based agreed it was a topic of importance. significant downturn as produc- on the past, but this is not the case The forum presented speakers tion levels drop. with a pandemic influenza. Each pre- from the BC Government, the Van- ✔ People will avoid public places, vious pandemic has been unique; couver Coastal Health Authority particularly high-rise office towers they’re difficult to learn from. and WorkSafeBC (formerly the BC because of their nature of being Workers Compensation Board). Col- places where the virus can gather. WHEN SHOULD YOU START THE lectively, they provided informative PLANNING FOR A PANDEMIC ? and useful information surrounding WHAT DOES THIS MEAN FOR THE Immediately. Business-continuity the importance of having a business LEGAL COMMUNITY? plans take a significant amount of continuity plan. The forum proved ✔ Human-resource departments will time and effort to prepare successful- to be a successful event for all be hard hit if a pandemic influen- ly. You should allow yourself enough concerned. za occurs. All normally practiced time to rationally and systematically Most people associate business- procedures used to provide staff build a plan that can be called upon continuity planning with disasters coverage will be of little use. at a moment’s notice. The best time that result in destruction of property ✔ Information-technology depart- to do this is when fear, or even panic, and disruption of services. And ments will be overloaded with de- is not the driving force. There will rightly so, as they have never had a mands for support not be a lot of forewarning. circumstance where an extensive lev- as people opt to el of illness causing absenteeism work from home. WHERE DO YOU START? would require such planning. ✔ Law firms pro- The first step in implementing a I have adapted in this article some of vide servic- strategic plan is to state the purpose the materials given at the BCP forum as es that of the plan. For example, the purpose they apply to our community, and out- are could be to: lined considerations one should ad- high- ✔ Safeguard the firm’s most impor- dress in developing your business tant resource—its people. continuity plans. I have touched on ✔ Safeguard the firm’s sec- key elements common to all firms. ond most important re- As this is a broad subject matter, source—its clients. I have covered key areas, but not ✔ Ensure all facets of opera- every aspect to be considered. tion are covered through re- There is enough information, dundancy training, and though, to allow you to start the ✔ Ensure facilities are in planning process. place to enable a continued There are several ways to devel- Continued on page 9 ➟ TOPICS • SPRING, 2006 • BC LEGAL MANAGEMENT ASSOCIATION • WWW.BCLMA.ORG • MEMBER SERVICES: [email protected] ➟ Ill prepared: Continued from page 8 a survey. If a survey were to be used, tions must be found for all stages though, care must be taken on how it through to payment of accounts. An- 9 work flow through remote access. is worded as the subject is volatile swers should be found for questions Once you have outlined the pur- and could create wide-spread panic. such as: pose of the plan, the next step is to do Once you have identified all func- ✔ Who will review/edit/prepare the final some fact-gathering. Using the above tions and procedures, you then re- account? For many firms the review example, the objective of this exercise view the production cycle associated is handled by the lawyer, the re- would be to discover: with the life of a matter. mainder by the accounting depart- ✔ What functions or procedures are cur- ment. To handle the accounting rently in place? And what it would PRODUCTION CYCLE side remotely, off-site access must require to continue those functions, CONSIDERATIONS be set up. those procedures from a remote lo- In considering remote access, an ✔ How will the bill be sent to the client? cation? in-depth review of every stage of pro- By mail, courier, e-mail? Labour- ✔ What functions are performed solely duction must be performed. For ex- intensive services such as mail and by one person? It is common to have ample, the first stage in the life of a courier may not be available. Fur- an individual within the firm that matter is the entry of time. It is not thermore, paper and envelopes takes care of things and few realize uncommon in many firms for an as- must be available remotely if a they do it. Additionally, even sistant to perform this task. This hard copy is produced. though you have functions cross- could be problematic if the assistant is ✔ How will the client remit payment? If trained, there is always a portion not available. Steps should be taken both mail and courier services that the back-up does not know. to ensure all revenue producers have were out of commission, direct-de- ✔ What do lawyers practice apart from both the tools and the training to en- posit may be the only option. all others? Redundancy training is ter time, by whatever means are Arrangements with the client not just for support services. It is available—blackberries, laptops and would have to be made. important that work on active files the like—without being dependent continues even in the absence of on someone else. FINANCIAL CONSIDERATIONS the primary lawyer. Entering time is only the first stage Another area that must be moni- Much of this type of information of production, not the answer to busi- tored closely is the financial side of could be achieved through the use of ness continuance. Work-around solu- Continued on page 10 ➟ You can focus on the people, We'll focus on the paper.

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TOPICS • SPRING, 2006 • BC LEGAL MANAGEMENT ASSOCIATION • WWW.BCLMA.ORG • MEMBER SERVICES: [email protected] ➟ Ill prepared: Continued from page 9 statement is the partners’ monthly contingencies. By moving fast, with compensation. This should be includ- contingency planning by health au- 10 the firm’s operation. If revenues de- ed as a requirement. thorities, SARS was finally brought crease as the economy declines, you In addition to keeping aware of under control in Toronto. have to know how many revenue your cash requirements, new-matter But look at the planning this way: hours will be required to cover cash openings should also be watched Your firm will have reviewed all of its requirements. This can be accom- closely. Clients will be keeping a close practices and procedures, cross- plished by dividing your cash re- eye on their own cashflow, and may trained staff, ensured coverage for quirements for one month by your choose to postpone starting new matters, made people self-efficient and average hourly rate. Once you have work. taken a tighter control over financial determined how many hours are matters. You have just turned your needed for the month, divide that SUMMARY firm into a highly efficient operation number by the number of producers. Dealing with a pandemic influenza and that has always been the number That will tell you the minimum aver- is uncharted territory for sure, and it one objective in any organization. age requirement per person. conjures up uneasy feelings. But re- Remember, this brief outline is just In reviewing your monthly cash re- gardless of how we personally feel, — the tip of the continuity-planning ice- quirements, keep in mind that many both about the subject and at the berg. Developing a program would, routine costs will stop quickly, per- time—we will be called upon to be at the least, take several dedicated haps immediately. For example, most part of the solution. months. business-development costs that in- A successful business-continuity Hopefully, this would be a plan volve travel and hosted functions will plan requires teamwork, commitment that never has to be put in use, that be first postponed, then terminated. and strong communication with all the medical profession will be suc- Professional-development expenses, concerned. By starting early, you will cessful in developing a vaccine before for things such as courses, and semi- allow yourself the time needed to ra- the virus has a chance to escalate out nars, will be affected. Some costs will tionally work your way through such of control. diminish as the pandemic escalates, a massive project. But being that we do not know for such as postage. If the postal service What if you go through all this effort sure if it will become a reality, there is temporarily discontinued, then you and the pandemic influenza doesn’t are times where being over-prepared will not be buying stamps. One cost materialize? is far safer than being ill-prepared. I that does not appear on an income Contingency plans are for, well, think this is one of those times.

TOPICS • SPRING, 2006 • BC LEGAL MANAGEMENT ASSOCIATION • WWW.BCLMA.ORG • MEMBER SERVICES: [email protected] ➟ ➟ Small firms — From page 2 Selecting counsel: Continued from page 4 11 “WE WEAR MULTIPLE HATS.WE ative in their compensation packages. FEES, BUDGETS AND PRICING How many roles can a Small Firm Ad- ARE ALL THINGS TO ALL PEOPLE” Reynolds discussed the preference ministrator expect to fill? to work with lawyers who under- Never just one. “We wear multiple stood that even complicated projects hats. We are all things to all people,” signed to developing a firm’s Business were run on budgets. It was not help- says Main. Small Firm leaders direct Continuity Plan or educating its mem- ful when firms were unable to pro- functions such as Human Resources, bers on TAF, Small Firm leaders carry vide fee estimates and live close to IT, Accounting, Bookkeeping, Mar- the responsibility themselves. There are them. keting and Facilities. They write and no committees; they are the committee. Several panel members spoke of implement policies and procedures, One way the Small Firm leaders the need for improved and more fre- work with lawyers to develop their keep current is through the BCLMA. quent communication on fees and individual business plans, as well as Each agreed that membership affords budgets as they all disliked surprises. those of the firm. them great networking and educa- Crane and Readman expressed frus- “With such a volume of responsi- tional opportunities, but most impor- tration over late billing and lack of bilities,” says Cook, “you are always tantly they find the Small Firm sub- communication. on your toes. There is no middle section meetings to be the most Crane also praised value billing, management to fall back on when big valuable area, since they deal with saying that they are seeking more projects come your way.” A premises matters that are most relevant to them firms to offer this. Readman now ex- expansion, for example. “Whether it’s and are addressed on their scale. pects fixed fees or staying on budget 50 feet or 5,000 feet, I’m looking after Attending every meeting can be for smaller or routine matters. Several the entire project, and still looking af- difficult, however, conferencing in is referred to the fact that former in- ter the day-to-day.” encouraged, and is an excellent way house lawyers were better at budget- Additionally, they need to keep cur- to stay involved and informed. Log ing and communicating about fees. rent on all the latest news and develop- onto the BCLMA’s website (address at In response to an audience ques- ments in the legal community. Where a the bottom of the page) for the sched- tion, Crane said that the “excessively big firm may have a committee as- ule of events for each sub-section. high rates” charged by Toronto firms have caused them to move more to lo- cal Vancouver firms. FarcusFARCUS Marching on, LMA Vancouver also hosted a breakfast meeting on March 28th at the offices of Farris Vaughn. Almost 20 people attended to capture the knowledge brought back by those who attended the 20th annual LMA conference in Chicago. Jessica McDonald (Fraser Milner Casgrain), Arthur Klein (Borden Lad- ner Gervais), Shirley Law (Lawson Lundell) and Heather Gray-Grant (Alexander Holburn) each shared their key understandings acquired at various workshops provided through- out the three-day retreat. (Shockingly, none skipped any part of the conference to attend a live tap- ing of the Oprah show!) The LMA’s Vancouver chapter will meet again in May. For details, please contact Allison Wolf at . More details about panel views and © Farcus Cartoons Inc. 1990 related articles by corporate counsel ex- plaining their views on selecting exter- “After 25 years, you deserve it,” beamed the senior partner, and nal lawyers can be found at Ibbotson once again regretted joining a big downtown law firm. TOPICS • SPRING, 2006 • BC LEGAL MANAGEMENT ASSOCIATION • WWW.BCLMA.ORG • MEMBER SERVICES: [email protected] “Take my anniversary... please!” 12 How to use your corporate anniversary to market your firm to your community—or community of interest fort to celebrate milestone anniver- provides a good opportunity to up- BY TIM WURTZ, saries. The effort of your anniversary date all your promotional materials. BAKER NEWBY LLP Sticking it: “A small way our Update the photography and nniversaries are the days for firm communicated our profiles of your lawyers, couples to commemorate the anniversary to clients your firm’s practice pro- A happy bliss of their wedding was to place small files, and your listing day. stickers on all our of charitable or com- For law firms, an anniversary is a out-going corre- munity organiza- self-congratulatory pat on the pack for spondence. We used tions in which your remaining profitable for an extended The Stephen Fossler Stick- lawyers are members or di- period while trying to get the best pro- er Company for these discreet rectors. Once you have these motional bang for its buck promoting gold foil markers.” — Tim Wurtz updated materials, it may provide a this anniversary. good opportunity to make a custo- Cynical? Perhaps. True? Maybe should match the culture and style of mized anniversary brochure or pro- more than we would like to admit. your firm. A firm known for its color- motional package. This could be in- Marketers and partners should wel- ful and unpretentious demeanor can cluded in your ordinary outgoing come the occurrence of an anniversary afford to host an elaborate event, while correspondence, or sent out as a spe- as an opportunity to create a synergy a more traditional, conservative firm cial mailing. between the firm’s existing promo- may want to only subtly pronounce its Firms have also made a special an- tional campaigns, and the extra PR the landmark anniversaries, if they choose niversary DVD or CDROM business firm can garner from the occasion. to do so at all. cards. If your firm has never explored Most firms make at least some ef- First of all, a landmark anniversary this side of Continued on page 13 ➟

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TOPICS • SPRING, 2006 • BC LEGAL MANAGEMENT ASSOCIATION • WWW.BCLMA.ORG • MEMBER SERVICES: [email protected] ➟ Anniversary Marketing — From page 12 niversary. The firm provided a goes on to note there are potential tongue-in-cheek description of their variations on this theme, suggesting 13 technology, the anniversary again pro- deeds on their website, and no doubt you could choose one organization vides a good opportunity to do some- received various local media attention (eg. a founding partner’s law school thing just a little out of the ordinary, or for their generous effort. Leibowitz or favorite cause) and help it in fifty outside your normal comfort zone of ways, either through donated time, marketing materials. Think outside the talent or treasure. This is the direction box. Instead of a traditional brochure, I will recommend to our firm with our why not try, for example, an anniver- 70th just around the corner. sary cookbook, with recipes from staff Take this opportunity to toot your and their families. Be sure to include own horn a little bit. Tenure is invari- some anniversary-related firm infor- ably associated with experience. It is not mation at the beginning of the book. self-indulgent to remind your clients A traditional way to celebrate an an- and community that they can rely on niversary is to host an open house, par- you to be there, now and in the future. ty or similar event. The focus of your 50 years ago this June, DJ Red Robinson hosted Van- Resources: event could be staff appreciation, client couver’s first rock and roll concert as Bill Haley and Wendy Leibowitz: the Comets blew them away at Kerrisdale Arrent. An appreciation or both. Our firm cele- estimated 6,000 fans screamed for more. brated our 60th anniversary in 1997. Across town, in a slightly less publicized affair, the law firm of Wurtz & Wurtz was founded, opening its Adding it: “An advertising campaign This anniversary coincided perfectly doors for the first time. No word on whether fans were could include discovering what was with some recent expansion and ren- screaming, but they’ve been getting more from us for happening in your community in 50 years. ovations, so an open house was ap- your founding year, and tying that in propriate. Lawyers were asked to Wurtz & Wurtz with a new modern message. Cre- identify prominent or top-billed cli- 123 Anywhere St. ative minds could find several his- ents to be invited, and we hosted a Vancouver, BC, V2P 6K2 Ph: 604.792.1376 torical events to weave a creative nice catered reception. A small ad in Fx: 604.792-8711 and enduring message. My stab at a the local newspapers reinforced our Wurtz & Wurtz “Not a real law fictitious firm’s 50th anniversary ad message to the community. firm since 1956!” www.vala.org is on the left. — Tim Wurtz But what about when firms merge? Borden & Elliott, founded in 1936, Lad- ner Downs, founded in 1911, and Mc- Master Gervais, founded in 1823, merged to form Borden Ladner Gervais LLP in 2000. Who’s anniversary should be used to celebrate landmarks? The answer, it turns out, is fairly ob- vious, as explained by Arthur Klein, Manager of Marketing & Business De- velopment with the national firm. “We did give ourselves an internal pat on the back for our five-year mark, but while we retain a lot of goodwill with the name Ladner Downs, our on-go- ing branding efforts to position our- selves in the marketplace is to engage the community as BLG.” In cases such as this it seems obvious to move for- ward with the new name to reinforce the cohesiveness of a large-scale merge. It may not make sense to re- mind your local communities of who you were, while at the same time try- ing to differentiate your new brand of who you are. As with all marketing, it will be the creative ideas that leave the best and longest-lasting impression. Wendy Leibowitz, a law-firm marketer, re- calls one firm that gave away 50 Thanksgiving turkeys for its 50th an- TOPICS • SPRING, 2006 • BC LEGAL MANAGEMENT ASSOCIATION • WWW.BCLMA.ORG • MEMBER SERVICES: [email protected] ✔ Influencer marketing: Identifying Word-of-mouth marketing getting a lot of buzz key communities and opinion 14 leaders who are likely to talk about How to market in the boring old products and have the ability to in- fluence others; ✔ Product seeding: Placing the right traditional effective modern way product into the right hands at the are refocusing their efforts on giving right time, providing information or BY VANDANA TAXALI J.D., LL.B. new products to trendsetters to create samples to influential individuals; excitement and buzz. ✔ Viral marketing: Creating entertain- s it true that the simple act of telling Why caused this power shift? ing or informative messages that are your friends and family about a Quite simply, technology has given designed to be passed along in an I product—something we do every- the consumer a voice where e-mails, exponential fashion, often by e-mail. day without even thinking—is gaining blogs and websites allow them to A marketer’s ‘street rep’ is an agent momentum as the fastest growing spread a message quickly and effi- who hands out flyers and goodies for a form of marketing strategies being ciently. particular event, and a ‘tastemaker’ is used by advertisers everywhere? The basic premise underlying a trendsetter whom people That’s what Patrick Thoburn word-of-mouth marketing look to or listen to in terms of thinks. He is the co-founder of Match- is that the product or serv- what’s in fashion. stick Inc., a Toronto-based company ice is placed in the Word-of-mouth market- devoted to word-of-mouth marketing, hands of certain ing is effective because the which is surging to become a popular individuals message is more believ- form of marketing to consumers, even who have the able when it comes replacing other traditional forms. power and from the testi- Word-of-mouth marketing works ability to monial of an by putting a product or service in the shape public individual hands of an individual, and gets them opinion. who is not paid talking about the product or service Marketers are or asked to do to others to create a buzz about the interested in so by the com- product or service. finding influ- pany selling It’s gaining popularity over tradi- encers who the product. tional glitzy expensive ad campaigns have persua- It is a more as a more effective means of persuad- sive abilities credible ing consumers about a product or in a particular way to com- service, and is being used by such market, in- municate the companies as Nike, Chrysler, Sony/ dustry and truth about a prod- BMG and Fuji. age group— uct or service. Thoburn, along with legal expert whether it is trying to Thoburn says, “Near- Beryl Green, partner at Miller Thom- sell new digital cameras, ly 76% of consumers son, Toronto, spoke about this new promoting a new band or don’t believe advertisers. paradigm shift in marketing strate- introducing a new luxury ve- The most powerful endorse- gies to a group of marketing and ad- hicle. These individuals ment of a product is the con- vertising lawyers in late January at spreading the news are hand- sumer. Word-of-mouth mar- the Canadian Institute’s Advertising picked because they have the keting can’t be faked.” and Marketing Law Conference in ability to shape the opinion of When a consumer gets an Toronto. their peers. Word-of- objective unbiased pos- Thoburn is not the only advocate mouth marketing in- itive opinion, others of word-of-mouth marketing. Mal- cludes techniques such as: are more likely to be- colm Gladwell says in his book, The ✔ Brand blogging: Creating lieve that the product Tipping Point, “Word of mouth ap- blogs and sharing informa- or service will deliver on its peals have becomes the only kind of tion of value that the blog communi- promise, because it is coming from an persuasion that most of us respond ty may talk about; objective source who has no stake in to.” He asks how else can you explain ✔ Buzz marketing: Using high-profile the outcome. how a few East Village kids helped entertainment or news to get In fact, consumers look to inde- start the Hush Puppy epidemic. people to talk about your brand; pendent sources for advice on new Gladwell explains that most phe- ✔ Conversation creation: Interesting or products, trends and restaurants. The nomena are caused by a few individ- fun advertising, e-mails, catch- website SweetSpot.ca is one such uals, supporting his theory of ‘power phrases, entertainment, or promo- source for the women—in Toronto, in the few’. It’s the reason that mar- tions designed to start word-of- Montreal and Vancouver—to find out keting companies across the country mouth activity; about new Continued on page 15 ➟ TOPICS • SPRING, 2006 • BC LEGAL MANAGEMENT ASSOCIATION • WWW.BCLMA.ORG • MEMBER SERVICES: [email protected] ➟ Word of Mouth — From page 14 new or potential customers. The law You also have to be careful where also makes it an unfair practice to the influencer shares their informa- 15 beauty products, restaurants, clothing make a false, misleading or deceptive tion. Certain on-line chat forums may stores and services. It describes itself representation. Privacy laws would prohibit endorsements of any product. as, “the place to be in-the-know about also apply in the collection of consu- An advertiser may also be able to all that’s fun, fashionable and just mer personal information. The Com- use the influencer in future cam- plain fabulous in your city.” Women petition Act and Criminal Code also paigns if they find the ‘influencer’ get an e-mail every day with a report include provisions on misleading ad- spreads the word about a product in a on a new product or service that the vertising, performance claims and positive light. That’s what happened writers have independently tried out. promotional contests. with the Subway chain. An individual Women forward the e-mails on to An advertiser would also have to independently lost a lot of weight by their friends. More women sign up take into account any special consid- regularly eating Subway sandwiches, and it goes, on and on. eration for Quebec residents and ad- and then wrote to Subway to provide The reason for the resurgence of vertising to children. The WOMMA his testimonial. Subway decided to word-of-mouth marketing is due to a Code of Ethics prohibits engaging chil- hire him as its rep after the fact. A shift from the power in the advertiser dren under the age of 13 in word-of- written release of publicity and rights to power in the consumer in deliver- mouth campaigns. from the influencer to use their testi- ing powerful marketing messages— In fact, it is strongly advisable that monial in future media campaigns resulting in more honest and truthful marketers obtain parental consent if should be obtained. advertising—great news for consu- retaining anyone 13 and over but un- It seems rather paradoxical that as mers. However, it still leaves open der the age of majority. technology grows, marketers are re- the question that, if such messages Green recommended to conference verting back to basics, where selling and advertising are not being re- attendees that there be proper disclo- the old fashioned way has become big viewed by advertisers or their sure of all terms and conditions of a business. lawyers beforehand, how does one word-of-mouth campaign which Resources: ensure that their campaigns are on- could be done on a website devoted Word Of Mouth Marketing Associ- side the law? to the campaign. All aspects of a cam- ation: Word-of-mouth marketing is inde- paign should mention the website. Vandana Taxali is a marketing and ad- pendently regulated by the Word of She also recommended that all consu- vertising lawyer, based in Ontario. Con- Mouth Marketing Association, the mer advocates identify their connec- tact her at self-regulating body for word-of- tion with the advertiser and product Somebody told us about her. We thought mouth advertising, where Thoburn’s in any communications with mar- we’d pass it along; create a buzz. company, Matchstick, was one of the keters or consumers. Also, a written founders. WOMMA ensures that trust agreement with the ‘influencers’ is created between the marketer and should set out the parameters of what VAN HORN APPOINTED the consumer and that ethical and fair they can and cannot say or do in con- MANAGER, VENDOR practices are followed by marketers. nection with the product or service is RELATIONS/ADVERTISING Its members follow a Code of Ethics to also advisable. ensure the integrity of word-of- It is important to ensure that it is ordon van Horn has been ap- mouth campaigns. The Code includes clear to consumers that the influ- Gpointed to the Topics Editorial such principles as: encers are speaking completely inde- Committee as Manager, Vendor ✔ Consumer protection being para- pendently and sharing their opinion Relations/Advertising. mount; honesty of relationship, without any compensation of any Association members and ven- opinion and identity; kind . They should not be viewed as dors are invited to contact him re- ✔ Respecting the rules of the venue; speaking on behalf of the advertiser garding advertising and promotions ✔ Managing relationships with mi- or as an agent or rep. at nors responsibly; If an advertiser does hire or com- TOPICS would be thrilled to ✔ Promoting honest downstream pensate an influencer in any way, the welcome you to the Editorial communications; and advertiser may be liable for claims, Committee. Writers/contributors ✔ Protecting the privacy of individuals. misrepresentations or any defamato- are desperately needed! A marketer using word-of-mouth ry remarks by the influencer. There- You need not be a professional marketing has to abide by statutes fore, an advertiser should ensure that writer, and you will be supported such as the Consumer Protection leg- any influencer be fully aware of all by an enthusiastic team that islation, privacy laws, the Competition product claim, product representa- works well together and has fun Act, and the Criminal Code. tions and company claims and sign doing so! (The food is good, too.) Consumer protection legislation an agreement to that effect. They Please contact Stephanie Cor- prohibits representations that misrep- should also disclose that they are not nell if you are interested in con- resents or exaggerates the benefits an independent third party and are tributing to the BCLMA’s interest- that are likely to flow to a consumer if being paid by the firm to sell the ing and informative magazine. the consumer helps a person obtain product. TOPICS • SPRING, 2006 • BC LEGAL MANAGEMENT ASSOCIATION • WWW.BCLMA.ORG • MEMBER SERVICES: [email protected] Sub-Section popularity now means co-chairs Even if they are not a trainer per se, they certainly need to train their staff 16 well if their department is to thrive. BCLMA Trainers sub-section topics Those managers may find value at a well beyond PowerPoint tips HE SUB SECTION S appeal to a wide T - ’ 2006 BY STEPHANIE CORNELL range of legal pro- PLAN INCLUDES DEVELOPING A STIKEMAN ELLIOTT LLP fessionals, includ- PLATFORM SO IT CAN REACH re you one of the many people ing those who do who think of computer skills not have “Train- AND INTERACT WITH MEMBERS A development when you think er” in their title. WITHOUT USING E-MAIL. of the BCLMA’s Trainers sub-section? Law-firm man- Do you imagine a room full of new agers, in any de- employees seated at terminals, learn- partment, need to Stephanie ing how to use Microsoft Word, Excel train their staff. BCLMA Trainers meeting. They will and Interaction? Think again. Cornell For instance, law- learn how to develop their training The Trainers provide a lot more firm accounting and human-re- skills, and gain access to resources than just Microsoft Word shortcuts sources leaders in Vancouver who and tools. and PowerPoint proficiency. They go work at a national law firm may need Tara Cain of Fasken Martineau Du- beyond training people on how to use to train their own department mem- Moulin and Christina Saremba of computers. They focus on how to bers to use forms that are generated in Alexander Holburn Beaudin & Lang train and what training resources are their head office back east. lead the group. Both are responsible available. Though the initiative is borne from for various training aspects in their In its second year of operation, the head office, local staff needs to be respective firms. the Trainers Sub-Section is growing educated on the proper use and im- With a background as a legal assis- and is expanding outside of the plementation; local managers need to tant, and the co-ordination of a soft- Trainers field. Meeting discussions provide the education. ware-sup- Continued on page 17 ➟

TOPICS • SPRING, 2006 • BC LEGAL MANAGEMENT ASSOCIATION • WWW.BCLMA.ORG • MEMBER SERVICES: [email protected] ➟ Trainers — From page 16 ing at more highly evolved electronic Service Management, Knowledge methods that currently surpass the Management and Finance sub-sec- 17 port department and helpline, Cain’s capabilities of the BCLMA website. tions feature two leaders each. expertise led naturally to a training This platform would not only post “There’s always back-up, “ said Cain. position, one she has enjoyed for the previous-meeting minutes and a cal- “It provides brainstorming oppor- past three-and-a-half years. endar of events, but would also sup- tunities,” explained Saremba. They Saremba has been also believe that having employed in the train- two leaders presents a ing vein, providing THE SUB-SECTION HAS MORE THAN 17 MEMBERS, more shared vision. technical and soft skills “It’s more democratic,” training and consulting REPRESENTING 13 LOCAL LAW FIRMS, they chimed together. services for many years. BUT THAT NUMBER IS EXPECTED TO GROW, Both find their With a degree in Adult BCLMA membership Education, she has pro- AS THE TRAINERS GROUP BECOMES valuable in that it gives vided technical training BETTER KNOWN. them occasion to net- and soft skills to educa- work with their col- tional, government and leagues, share informa- corporate clients. tion, brainstorm and She has been the IT Trainer at port continued information-sharing, remain current with what is going on AHBL for two years, and recently learning, and professional develop- in other firms and outside organiza- helped implement a Learning ment. Cain and Saremba are current- tions, such as ILTA. Management System (LMS). ly sourcing suitable hosts and pro- Upcoming Trainer meetings in- The LMS is used to manage and grams. clude Storytelling in the Classroom in track all the educational programs of- Sitting and speaking with the pair, April and Instruction Materials in fered in the firm’s Ascend training it is easy to see what a solid team they May. program for lawyers and staff. are and how excited they are about For more information on these and Saremba is currently evaluating e- co-chairing the Trainers sub-section. other training matters, please contact learning resources that will link into Co-chairing a BCLMA group is Cain at or the LMS. popular these days, as the Facilities & Saremba at . Cain says some aspects of her posi- tion were unexpected. “There’s more to it than just training. I’m also doing technical writing, and conducting project management.” Law-firm managers across the board continuously note how slow le- gal organizations can be at recogniz- ing and embracing cutting-edge tech- nology and marketing initiatives that other professional firms seem quick to adopt. The same trend exists in the training field. Both agreed that this is a familiar challenge. Advanced technology promotes greater efficiency, “particularly for staff,” Saremba pointed out. Indeed, law firms need to keep pace so that they can appreciate that efficiency. Currently, the sub-section has more than 17 members, representing 30%# s #ARPET  FURNI 13 local law firms, but that number is BY MAJOR CARPET MANU expected to grow as the Trainers s $IVIDER CLEANING group becomes better known. Cain s (ARD SURFACE FLOOR MAINTENANCE PROGRAMS and Saremba are also planning a mar- &!"2)# #(!)2 #!2% 3934%- &52.)452% #!2% #/-054%2 2//- #,%!.).' keting blitz to unrepresented firms in ,%!4(%22 #!2%  #,%!.).' #!20%4 #!2%  -!).4%.!.#%-!).4%.!.# (!2$ order to reach that untapped market. 352&!#% &,//2 #!2% &&!"2!"2)# # #(#(!)2!) 22#!2%#!2% 33934%- 934%- &52.&52.)4)452% 455 #!2% #/-054%22/&&)#% 2//- #,%!.#,%!.).' 30%#)!,49).' ,%!4(%2 #,%!.).'#!2%  #,%!.).' #,%!.).' %80%243 #!20%#!20%4 #!2% The sub-section’s 2006 plan also  -!).4%.!.#% (!2$$ 352&!#%352352& !#% &,//2&, /2 #!2% &!"2)# #(!)2 #!2% 3 includes developing a platform so it 934%- &52.)452% &!"2)#""2)#2)# ##(! #(!)2(!)2#2#!2% #!2%!2% 3 3934%-&52.)452%#!2% #/-054%2 2//- #,%!.).''   ,%!4(%2% 4(%22 #!2%!2%  #,%!.).' #!20%4 can reach and interact with members #!2%  -!).4%.!.#%%WWWSERVICEMASTER(!2$ 352&!#% 352&!#%&,//2#!2%&,// &!"2)##(!)2#!2% without using e-mail. They are look- 3934%- &52.)452% #!2% #/-054%2 #/-054%222//-#,%!.).'2//-#,%!.).' ,%!4(%2 ,%!4(%2#!2%#,%!.).'#!2%% #,%!.).' TOPICS • SPRING, 2006 • BC LEGAL MANAGEMENT ASSOCIATION • WWW.BCLMA.ORG • MEMBER SERVICES: [email protected] BC Law Society outlines new TAP new trust assurance program: ✔ Assistance to law firms, and new firms 18 in particular The Law Society’s trust New trust-assurance program said assurance team will assist lawyers and their staff, in particular to be more effective, less costly lawyers setting up in practice on their own or in small firms, to he Law Society is responsible for a portion of the trust report. adopt proper accounting systems setting and upholding standards ✔ The Law Society will conduct site vis- and procedures from the start. T of financial integrity in the legal its/audits The Law Society will be- ✔ A cost-saving for firms The new pro- profession—which includes stan- gin conducting rotational audits in gram will be funded entirely dards for trust accounting. law firms. The intention is to make through the trust administration A rigorous trust-assurance pro- each BC firm subject to an audit fee (TAF), which law firms now gram is important for the protection every six years, or more frequently collect and remit in the course of of clients and others who rely on if there is reason to do so. their trust administration for cli- lawyers to handle trust money, and to How will audits be prioritized? ents. A primary purpose of the TAF help prevent claims against the trust- Law Society Rule 3-79 authorizes has been to fund trust reforms. As protection coverage. the Society to conduct an examination noted, law firms will continue to BC law firms fulfill their obliga- of a lawyer’s books, records and ac- file reports on their own trust ac- tions by meeting accounting require- counts to ensure they are properly tivities and be subject to periodic ments of the Law Society Rules. Cur- maintained. Rule 4-43 provides for a Law Society audits. But by early rently, firms file an annual trust report Bencher to order the investigation of next year, it is expected that 95% of with the Law Society, which includes the books, records and accounts of the firms will be relieved of the re- a self-report component signed by a lawyer or former lawyer who may quirement to engage an outside ac- lawyer and a report prepared by an have committed a discipline violation. countant to prepare a trust report. outside accountant retained to con- To date, most Law Society audits ✔ Earlier detection of serious problems duct a specific review of books and have been in response to situations of By introducing improved risk records. identified risk. It is important to note analysis as a basis for deciding pri- The Society follows up with firms that law firms in which serious prob- ority audits, the Law Society will on notable exceptions in the reports. lems have been identified will contin- be better prepared to detect serious Significant problems or exceptions in ue to receive highest priority as part trust breaches in the few firms a report can result in an audit of the of the Law Society’s program of where these exist, and to do so ear- firm’s books and records. forensic audits and investigations. lier. Taking proactive steps is in- Recently, the Society studied trust In deciding whether other firms tended to prevent thefts and claims compliance schemes from across Can- will receive priority for an audit, the against the Society’s Part B (trust ada and internationally, and reviewed Law Society will weigh various fac- protection) insurance coverage. its own program with an eye to mak- tors, such as whether a firm has had ✔ Greater confidence in the profession ing reforms. significant exceptions on previous and the public The Law Society in- What is clear is that regular law trust reports, or whether the firm has tends its trust compliance program firm audits are a primary feature of open files on financial difficulty or to enhance the confidence of the trust-assurance programs in sev- complaints. lawyers, clients and the public as a eral other jurisdictions. As the Law Society collects more whole. By being at the forefront of Last December, the BC Benchers information through its trust report trust assurance reform, the profes- approved a three-year plan to restruc- filings and audits, it will be better sion can take pride in its standards ture the Law Society’s own program able to identify additional risk factors. and in the prevention of substan- to make it more effective and less Because the Law Society is intro- dard or improper trust handling by costly for law firms. ducing a universal audit program, a few lawyers that may tarnish the A new model of trust assurance, to however, each BC law firm will be re- reputation of many. begin this year and be phased in over quired to participate in an audit at More information will be avail- three years, will consist of these key some point. For most firms, this will able in the Regulation & Insurance / components: be a straightforward review and will Trust Assurance & Reporting section ✔ Law firms will now file their trust re- provide an opportunity for the firms of the Law Society website later this ports directly. to raise any questions they have on year. Law firms can also expect to be By late this year, BC law firms trust systems and procedures. advised directly of any changes in will be asked to file a revised form In that respect, the Law Society advance of their 2006 trust report of the trust report. In most cases, wants to give some priority to new law filing. firms will simply self-report on their firms so as to help them set up account- From the January-February issue of trust activities and will no longer ing systems that work well and do not Benchers’ Bulletins, reprinted with per- need to retain an outside accountant lead to problems down the road. mission of the Law Society of BC. to review their records or complete There are multiple benefits of the TOPICS • SPRING, 2006 • BC LEGAL MANAGEMENT ASSOCIATION • WWW.BCLMA.ORG • MEMBER SERVICES: [email protected] BCLMA EXECUTIVE & SECTION LEADERS 19

EXECUTIVE Finance Tara Cain, Co-Chair Ernie Gauvreau, Bonnie Kirk, Co-Chair Fasken Martinea DuMoulin LLP President Lawson Lundell LLP Gowling Lafleur Henderson LLP 1600–925 West Georgia St. 2100–1075 West Georgia Street Suite 2300, 1055 Dunsmuir Street Vancouver, BC V6C 3L2 Vancouver, BC V6E 3G2 SPRING 2006 Vancouver, BC V7X 1J1 P: 604.685.3456 P: 604.631.3131 P: (604) 683-6498 F: 604.669.1620 Editor: Stephanie Cornell F: (604) 683-3558 D: 604.631.4758 Managing Editor, Designer: Peter Morgan F: 604.631.3232 Leslie Morgan, Co-Chair Manager, Vendor Relations & Advertising: Allison Milroy, Past President Harper Grey LLP Gordon van Horn Lang Michener LLP 3100–650 West Georgia Street Editorial © 2006 BCLMA, CANADA 1500–1055 W. Georgia St. Vancouver, BC V6B 4P7 Technology Vancouver, BC V6E 4N7 P: 604.687.0411 Published by: MORGAN:Newsletters Ltd. Brenda Johnson, Chair P: 604.689.9111 D: 604.895.2854 BRITISH COLUMBIA F: 604.685.7084 F: 604.669.9385 Edwards Kenny & Bray LLP LEGAL MANAGEMENT ASSOCIATION 19th Floor, 1040 W. Georgia St. Human Resources President: Ernie Gauvreau Vancouver, BC V6E 4H3 Doug Ausman, President-Elect Tina Giallonardo, Chair Ratcliff & Company Miller Thomson LLP P: 604.689.1811 WHO WE ARE: 500, 221 West Esplenade, 1800–840 Howe St. F: 604.689.5177 North Vancouver, V2M 3J3 Vancouver, BC V6Z 2M1 The BCLMA, founded in 1972, is a non-profit organ- D: 604.983.7605 P: 604.687.2242 ization with more than 80 Full Members and more F: 604-988-1452 F: 604.643.1200 than 120 Sub-Section Members across B.C. It is the

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TOPICS • SPRING, 2006 • BC LEGAL MANAGEMENT ASSOCIATION • WWW.BCLMA.ORG • MEMBER SERVICES: [email protected]