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BC Legal Management Association
A newsletter to help our members and partners stay current with the business of law Spring 2009Topics Topics THERE’S MORE THAN ONE WAY TO KEEP FROM BEING SKINNED Top 20 strategies in a slowdown by Michael J. Anderson President, Innovative Consulting so we are just at the point now that longer to bounce back when the shift fi- many other businesses encountered a nally happens, so many firms have not s pragmatists, we prefer to talk year ago. Accordingly, we will take Top 20 strategies to Page 2 Aabout solutions rather than the causes of the current recession. Every- New BCLMA Board, elected at AGM, begins one knows what is happening: bank - ruptcies, tight cred- organizing upcoming events and projects it, foreclosures, industry consolida- ore than 20 Representatives and and four general Director roles, in addi- tion, the collapse of MAffiliates attended the BCLMA An- tion to two Officers: Secretary and major financial nual General Meeting on Thursday, April Treasurer. The motion was passed. markets, fewer 2 at Fasken Martineau in Vancouver. The 2008/09 Executive Board deals of any kind, Highlights included an oral report of Members stepped down as required and more litigation and the past year’s accomplishments from the new 2009/10 Executive Board was bankruptcy work, President Stephanie Marsh, a review of voted in, with the Past President posi- Michael J. far fewer real-estate the financial statements by Doug Aus- tion vacant. Anderson transactions-both man, who was filling in for Angela The new Executive Board’s first personal and commercial, US bank fail- Zarowny, and a motion to keep Execu- meeting on April 11 immediately began ures, and so on. The questions are not, tive Board Director positions limited to discussing plans and events for the up- “What went wrong?” and “Who can we seven, to ensure maximum proficiency coming year. blame?” Rather, “What are we going to and controlled costs. Some of those include the Canadian- do about it?” A seven-director board includes ization of the Certified Legal Manage- Law firms tend to be a lagging indi- three presidential roles – President- ment Program, joint webinars with cator of the general economic picture, Elect, President and Past-President – New BCLMA Board to Page 8
Wise whys and wherefores of Generation Y over inaction, and – more than any- by Mike Bowerbank Canadian statistics, there are 5.3 mil- thing else – they ith Generation Y workers slowly lion people in Canada who fit into this value what’s cool. Wbut steadily filling the ranks of age group, making them three times The latter part our organizations, it is important to un- more populous than Generation X. of the generation derstand what makes them tick. People who are part of Generation seems like it’s al- It’s easy to just let them be, as they Y are generally less cynical about social ways had the Inter- generally work hard and seem content, issues, but are also much more influ- net and cell Mike but if you work on that assumption, enced by brands and peers than previ- phones, and today Bowerbank you will later wonder why these work- ous generations. At home, according to are texting abbre- ers don’t stick around, and why the Business Week, three out of four have viated language (“c u l8r”) while turnover rates are higher than you two working parents, and one in four plugged into their iPods. But they’re think they should be. live in single-parent households. actually a crossover generation from For clarification, Generation Y is People in Generation Y always feel analogue. The Internet began in the generally considered to be people born crunched for time, they prefer direct- mid-’90s, the iPods in 2002. Their old- between 1978 and 2000. According to ness to beating around the bush, action Wise whys of Gen Y to Page 6
Spring 2009 BC Legal Management Association www.BCLMA.org Member Services: [email protected] Topics 2 Top 20 strategies from Page 1 partners who are underperforming, and work levels as an alternative to layoffs. yet had the meaningful discussions that showing no signs of changing the way They would need to agree to work fewer need to occur if we are to develop a strat- they practice. hours, and accept less remuneration until egy to deal with this downturn. Every firm has expenses that they the work levels pick up. The following 20 strategies are offered could eliminate but we would suggest In this scenario, three associates might for your consideration. Some of them will that firms be selective. Do not weaken the share two full-time positions. As for staff, be helpful for you, and some will not, strategies that will get the firm back on some of them might actually embrace a but, if you give them all some thought track. An example might be some of the three– or four-day work week. and implement those that will work for marketing expenses. Some of those ex- your firm, the net effect will be the devel- penses can be eliminated, but to just stop ASSOCIATE COMPENSATION Con- opment of a strategy that will help you all spending on marketing could be 4sider changing associate increases survive the current economic crisis. catastrophic. from a lock-step system to one based on merit. This encourages your best young SLASH AND BURN Often, the knee- FREEZE SALARIES Rather than lay people to excel. 1jerk reaction of many firms is to lay 2off associates or staff, first consider off associates and staff to drastically re- whether you might be able to get by PARTNER COMPENSATION Con- duce expenses. Sometimes, it is even the through freezing current salary levels. If 5sider reviewing your partner-com- right strategy. you choose this course of action, you pensation criteria to put more emphasis Most often, however, it only serves to should be prepared to undertake to all on those areas that are most critical in a impair the firm’s future performance, employees that the partners will not in- recession. and may take many years to overcome. crease their own income until the freeze For example, you may wish to put Layoffs must be related to underperfor- can be lifted for everyone. more emphasis on client-generation suc- mance, or lack of current and potential cesses or receipts, and less emphasis on work. Layoffs should also not be limited WORK SHARE Associates might well hours recorded or fees billed. to associates and staff ; you may have 3be interested in sharing the reduced Top 20 strategies to Page 3
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Spring 2009 BC Legal Management Association www.BCLMA.org Member Services: [email protected] Topics 3 Top 20 strategies from Page 2 often meets with a loyalty that will last with your clients. long beyond the current downturn. Almost all great rainmakers will tell FOCUSED PRACTICE AREAS Firms you that this is the best marketing you 6must constantly review those practice MARKETING 1 Use your newly- can do. areas in which they are best suited. Even 11 found free time to do more market- in boom times, there are practice areas ing or receive marketing training. MARKETING 3 Develop the song that a prosperous firm may well wish they 13 sheet. Make sure that everbody is didn’t have. This may be due to prof- MARKETING 2 Now, more than on the same page. Make sure they are itability, manpower available to do good 12 ever, get out of the office and visit Top 20 strategies to Page 4 work, client demand, or commoditization of the work. In tough times, it may well be mandatory to eliminate those under- performing practice areas. Partners, asso- ciates and staff in these areas can be re- trained and re-assigned to another area, or offered the opportunity to seek other employment.
RE-TRAINING & RE-ASSIGNING 7Are there partners, associates or staff who could still be used if they were pre- pared to re-train in another, but perhaps related, practice area at least on a part-time basis, so that they are more fully employed? For example, could a real estate asso- ciate, partner or paralegal be used to help in the busier foreclosure practice? Find- ing ways to keep people will pay benefits for years to come.
RECEIVABLES Credit will be difficult 8to obtain for both the firm and its clients. By focusing on your receivables, you lessen your need to borrow, and you will more quickly identify, and hopefully remedy, client situations that will be a problem. Reducing your WIP through billings may be just as important as collections.
FEES PLUS Yes, there are firms out Trusted 9there who do not charge enough for Cost-Savings their work. Be sure that your rates are Specialists competitive from a below-the-market Specialists in Excelera Consulting Group will: perspective. If you are $20 per hour be- Overhead Cost • Identify significant, measurable low your market, you may be able to Reduction cost savings raise your rates, and have a positive im- • • implement best-in-class purchasing pact on profits. Advisors to Western processes Canada’s Top Legal • negotiate premium contract terms FEES MINUS Freeze or reduce Firms • monitor invoice pricing to ensure accuracy 10 your hourly rates, and let your & savings clients know that you are sharing their pain. WWW.EXCELERA.CA • 604-990-7786 This is a marketing strategy that most
Spring 2009 BC Legal Management Association www.BCLMA.org Member Services: [email protected] Topics 4 Top 20 strategies from Page 3 promoting the same concepts: CONTRACT LAWYERS Seek Things are not terrible; they are 16 available talent to fill in temporary challenging. needs that your firm may have, at a frac- We are not under-employed; we now tion of the cost of hiring a new lawyer. Pack have greater capabilities to help our clients. ACQUISITIONS This may be an it up We are not making less money; we are 17 ideal time to acquire another firm providing even greater value to our that is not handling the downturn as well clients. as you are. Perhaps it is time to acquire that practice team that you have always UPGRADE Often, a downturn can wanted. Pick 14 be an opportunity. If your firm is in better shape than some of your com- TRAINING Lawyers can use their it up petitors, this might be an ideal time to 18 increased available time to get the add the best of their people to your ros- training that they have always wanted, ter, and upgrade your practice teams. It whether it is practice specific, marketing is a time when landlords are more open specific or leadership enhancement. to re-negotiating your lease if they are Set feeling the pressure to keep the premises THE PLAN It is time for the firm’s at full capacity. It may also be a perfect 19 leadership to make the tough deci- it up time to negotiate new premises. sions. Assess your talent pool, your prac- tice areas and your marketing efforts, and LATERALS This may be the op- develop the necessary strategies that will 15 portunity to grab that lateral hire best suit your firm going forward. you need for one of your practice groups, Create a realistic, valid and well-com- or that lawyer with a book of business municated plan to motivate the members Tune that would have natural synergies with of your firm, and to maximize the results. it up your firm. Keep the staff and lawyers up to date as the plan evolves.
DO NOTHING Unfortunately, 20this will be the strategy for some CREATE A firms. We wish them luck as other firms swoop in and eat their lunch. Their best REALISTIC, VALID people will flee and only the underper- formers will be left behind. AND WELL- We hope that you have found this COMMUNICATED helpful and thought-provoking and we wish you the very best in coping with the stresses of being a leader in times of eco- PLAN TO MOTIVATE nomic recession. www.dlo.ca THE MEMBERS OF Michael J. Anderson is a principal in In- novative Consulting, with more than 30 years 604.990.0135 YOUR FIRM, TO of experience working with professional firms throughout North America, 15 years as an Ex- MAXIMIZE THE ecutive Director of law firms and, since 1987, Proud to support the as a consultant to the professional services BC Legal Management RESULTS. industry. Michael is based in Vancouver, and can be Association reached at 604.272.4222 or at [email protected]
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Winter 2008/2009 BC Legal Management Association www.BCLMA.org Member Services: [email protected] Topics 6 Wise whys of Gen Y from Page 1 a lack of experience and expertise. Com- Gen Y workers put great importance on er music is on CD, even cassette tapes, panies with a clear sense of how all three feeling like a human being and not a “re- and their newer stuff lives on their com- generations work and what they value source input.” puters. They chat and text to people all will be the ones who find the transition They want to work with organizations over the world, and are constantly from one to the other easier. Learning that understand them, who are modern, plugged in to social networks online. The how to retain Gen Y is critical. ethical and have some edge to them. darkly ironic part, however, is that de- SO HOW DO YOU RETAIN GEN Y? They want “fair compensation” but that spite their online social ease, this genera- The Ipsos-Reid study concluded that Wise whys of Gen Y to Page 7 tion tends to struggle with face-to-face communication, and they have relatively poor interpersonal skills. GEN Y IN THE WORKPLACE CONVEYMASTER Generation Y is sometimes called The Trophy Generation because they were the Conveyancing Software first kids brought up in a school system New EFS Module that rewarded everyone equally. Everyone got a blue ribbon, few failed a grade, and Ask us about our • $25 pay-per-conveyance • plan. you got a gold star just for showing up and changing oxygen to carbon dioxide. Tel: (800) 667-0332 or (604) 685-1078 As such, some employers are worried Fax: (604) 685-9370 that this age group has unrealistic expec- Go with the best . . . tations from their jobs and don’t know Home Page: www.sai.ca how to accept the failures that come Go with ConveyMaster! Email: [email protected] along in the real world. The fear is that Generation Y employ- ees want to shape and adapt their jobs to fit their lives instead of the other way around. In February, Ipsos-Reid published a poll which showed that the fears ex- pressed were well-founded. The poll dis- covered that workers in the Generation Y age-range were more likely to be disap- pointed with their work experience than older workers. Gen Y is looking for a good fit, more so than any previous gen- WYLZ[PNV\ZSH^Ä YTZ eration, and to the point where they will HJYVZZJHUHKH jump from job to job until they find it. $QQD Y SO SERIOUS? YLJVTTLUK(UUHMVYOLY According to a comprehensive study \UPX\LZ[`SLHUK EULQJVRXW done by Rhode Island’s Bryant Universi- JVU]LUPLU[ZLY]PJL WKH ty, people in Generation Y crave recogni- tion and respect. *HSS[VKH`[V EHVW Their job history is marked with hard \WKH[LWOV[VZMVY`V\Y! LQ\RX work and technological expertise but they change jobs frequently. Their strengths, >LIZP[LZ the study noted, were tenacity and a nat- .SVIL 4HPS(KZ ural ability for multitasking; their weak- )\ZPULZZ*HYKZ nesses included a lack of experience, poor people skills and a need for supervision. *VUMLYLUJL)YVJO\YLZ With the Baby Boomers nearing re- tirement, there are enough workers in DQQD#DQQDEHDXGU\FRP Generations X and Y combined to fill ZZZDQQDEHDXGU\FRP those roles vacated, but there will also be
Spring 2009 BC Legal Management Association www.BCLMA.org Member Services: [email protected] Topics 7 Wise whys of Gen Y from Page 6 may be different from what you think THE FIRM graphic artist? no, he’s our first that term means. ‘gen y ’ associate... They don’t want to wait for their job to have meaning and purpose, nor do they want to wait for new challenges or to be promoted; they want it all immediate- ly. How you sell their job to them, and how you set up their work environment and tasks will be very important. Don’t be afraid to bend the rules and to break the traditional definitions of their job descriptions. If they want more responsibility then give it to them along with the accountability it demands. Maintaining high morale and produc- tivity from these workers requires a su- © 2009 pervisory style that gives them some extra freedoms and leeway in exchange for a
higher level of work done. GRAHAM MORGAN The hierarchy that exists may have to change if you want to retain these work- ers – they need to feel like they are your equal. Getting high work output from Gener- ation Y workers is easy when you under- stand how they think and the times they grew up in. They’re highly motivated workers to begin with. Keeping them in- terested is the difficult part.
GENERATION Y
THEY NEED TO FEEL LIKE THEY ARE YOUR EQUAL
Remember to be flexible, communi- cate with them regularly, and constantly allow their job descriptions to evolve and you’ll greatly improve your odds of get- ting the most from Generation Y.
Spring 2009 BC Legal Management Association www.BCLMA.org Member Services: [email protected] Topics 8 New Board from Page 1 sist the BCLMA and its individuals in the ALA and TLOMA, and sponsorship of same regard. the 2009 PLMW with associated regional Stephanie’s 2009/10 agenda high- Colleagues awareness events. lights include Executive Board succes- Colleagues As each initiative is developed, the ex- sion planning; enhanced survey process ecution of each will be shared with the and participation; and streamlined oper- Association. ations with increased consistencies, such One thing was clear: the BCLMA is as invitation and event announcement not hosting a 2009 annual conference. templates. Officers Jane Kennedy, the BCLMA’s PRESIDENT-ELECT: JAN WHYTE && CoffeeCoffee Administrator & Membership Services; Jan Whyte is Office Manager at Mur- and Angela Zarowny, the organization’s phy Battista, a downtown Vancouver liti- New to the BCLMA? Treasurer, are continuing in their current gation firm. Teamwork, collaboration capacities for this term. and getting to solutions are her personal Learn more about our As always, you are encouraged to con- and professional focuses. thriving association at tact any members of the Executive to Jan is ready to give back to the organi- this casual gathering of share your ideas, recommendations, feed- zation that is obviously a great support to new BCLMA registrants, back, or to pledge your support and vol- the managers and lawyers she has met unteer spirit. We look forward to a suc- over her 26 years in Vancouver litigation. Subsection Chairs and cessful term. Jan is also a Professional Development Executive Board Members. Here are snapshot biographies of this Coach, and seeks to bring a structured year’s Board members: Leadership forum to the BCLMA this Thursday, June 4 PRESIDENT: STEPHANIE MARSH year. 7:30a.m. – 8:30a.m. Stephanie works with the Marketing DIRECTOR: GARY CARTER Group at Fasken Martineau. A BCLMA Gary Carter has been a member of Fasken Martineau member since 1996, Stephanie has been BCLMA, formerly VALA, for more than 2900 – 550 Burrard Street involved at various levels, and remains on 20 years. the Topics Editorial Board. He has worked as a Paralegal and has OFFICIAL INVITATIONS As the association has always been a been a law firm Administrator since WILL BE SENT ready resource and supportive network 1987. Gary joined Paine Edmonds LLP for her, Stephanie seeks to continue to as- New Board to Page 9
Dryden, Trainers and Technology, Murphy Battista... and MAKING THE MOVES… Gwen Steffan, Controller, Harper Grey LLP. WELCOME, NEW AFFILIATES! WELCOME, NEW REPRESENTATIVES!
ean Gardner, Trainers and Technology, Slater Vec- im Baylis, Office Manager, Aaron Gordon Daykin, Jchio… Karen Meireles, Finance, Edwards Kenny & KVancouver… Tina Alberga, Office Manager, Anfield Bray… Natalie Maillet, Human Resources, Quilan Abri- Surjir Kennedy & Durno, Vancouver… Jennifer Funk, oux… Josephine Hou, Finance, Hammerberg Altman Office Manager, Kornfield Mackoff Silber LLP, Vancou- Beaton & Maglio… Tracey Byrne, Trainers, Boughton ver… Carol Moser, Accountant, Kornfield Mackoff Silber Law Corporation… Marina Pellerin, Facilities, Camp LLP, Vancouver… Edmund Reid (TLOMA’s President), Fiorante Matthews… Angela Bolzonello, Marketing, IT Manager, Aylesworth LLP, Toronto… Aimee Kunzli, Lang Michener… Usman Bajwa, Facilities, Blakes… Accountant, Slater Vecchio LLP, Vancouver… and Lisa Ezaki, Finance, Miller Thomson… Stella Nillas, Lavinia Tom, Controller, Sangra Moller LLP, Vancouver Human Resources, Miller Thomson… Renata Drag, Fi- nance, Hamilton Duncan Armstrong & Stewart… Glenda Robazza, Finance, Borden Ladner Gervais… Sharon In accordance with our bylaws, firms are the BCLMA’s Members. Lake, Technology, Baker Newby… Kristina Etter, Representatives were formerly known as Full Members. Affili- Technology, Davis LLP… Wendy Holmes, Knowledge ates were formerly known as Subsection Members.The list of the Affiliate Management, Davis LLP… Danielle Demkiew, Human Chairs and Co-Chairs as of the date of publication is always on the last Resources and Small Firms, Murphy Battista… Sandra page of each TOPICS. You can also go to our website for the latest list.
Spring 2009 BC Legal Management Association www.BCLMA.org Member Services: [email protected] Topics 9 in 1991, where he is responsible for the The BCLMA has always been a source community and is looking forward to as- day-to-day management and administra- of valuable information and networking sisting the BCLMA in coming years. tion of the firm, Human Resources as opportunities for Barb. Evenna is eager to work on the agen- well as Information & Technology Joining the Board of Directors last da for this coming year and continuing to Systems. year provided a further opportunity to as- learn about the Association. Gary has been a Director on the sist the BCLMA with some of the new and BCLMA executive for the past two exciting changes taking place. DIRECTOR: CINDY HILDEBRANDT years. While serving as a Director, She looks forward to continuing Cindy has been in the Vancouver le- Gary has been involved in the mentor- working with the other Board Members gal community since 1993 and is a long- ing program, played an active role on on the various initiatives and projects be- standing BCLMA member. Currently, she the website development committee ing planned for this term. is the Manager of Human Resources at and has taken on various other projects Richards Buell Sutton. such as the new and improved PDF En- DIRECTOR: EVENNA LIU BCLMA has been a huge resource for rolment Form. Evenna works at Oyen Wiggs Green her and a very supportive legal network. Giving back is an important part of & Mutala LLP as Office Services & Fa- Cindy is looking to give back to the orga- Gary’s continued participation in cilities Administrator. She is a newer nization that has been so supportive of BCLMA. member to the BCLMA since joining her. the association in 2007. Evenna has Cindy will work with the Executive DIRECTOR: BARB MARSHALL served on the Board of Directors this to attain its goals, create new ones, sup- Barb Marshall is the IT Services past year. As a newer face to the port existing members and programs Manager at Fasken Martineau. She has BCLMA, Evenna has seen the benefits and reach out to new Member Firms been a BCLMA member since 2000 and that such an association offers to its legal and individuals. joined the Board of Directors last year.
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Spring 2009 BC Legal Management Association www.BCLMA.org Member Services: [email protected] Topics 10 wines, but who has a THERE’S INFORMATION TO HAND AT THE STORE TO HELP limited budget and small sales force may Tips on buying wine you actually like not be able to afford the cost of installing By John Clerides ty.” The words briny or mineral can be shelf talkers. here is a dizzying array of wines avail- used in describing the wines from When you see a Table in your local liquor store or wine Chablis. This may not be a word you find shelf talker, it is usu- shop. I thought I had a grasp of most of appealing but those of you who have had ally reserved for the the wines in the BC marketplace – and fresh oysters with a great Chablis know big-brand labels that John Clerides I’m an expert. But even I shake my head this wine and food-pairing is nothing less have the budget to at the vast selection of wines. than magical. promote their product. A shelf talker is Some buyers look at the colour of the SHELF TALKERS helpful, but it may not always be the best label, the letter size, or even the shape of Shelf talkers are little cards on shelves way to determine if a particular wine is the bottle. Of course, this is not the most that provide useful information about the right for you. precise way to ensure you will have pur- wine placed above it. GET TO KNOW THE STAFF chased a wine that you will like. So how They look simple, but they are highly- Develop a relationship with your does one go about selecting just the liquor store or wine shop staff. They right wine for a Tuesday night gather- have a wealth of information. ing or that special weekend dinner? They are easy to spot in a wine shop- There are a few tricks of the trade they are the ones with an almost child- that will save you time and money and like enthusiasm when asked to share give you a better chance at ensuring their latest discovery with you. your money is well spent. The staff often get invited to wine RATE SCALE tastings, so they are usually the first to Most wines are rated on a 100-point taste and know about new arrivals. scale. Usually, the higher the score, the This is a great way to find out about better the wine. Accordingly, the higher new wines before they are widely dis- the score, the higher the price. The key covered. Some will even call to tell you is finding a wine with a good score (usu- what has just arrived. These people are ally 87-89 points) and a reasonable like a good hairstylist or mechanic, keep price (usually just under $20 a bottle). in touch with them as they rarely steer Does it mean that an 88-point wine you in the wrong direction. at $20 is better than an 86 point wine Seek out the most knowledgeable at $18? Not necessarily. We all have staff by shopping on the weekend. The different tastes-even wine writers can’t weekend is often the busiest time of the agree. This is where you have to read week for wine stores, this is when you’ll between the lines of a wine writer. probably find the ‘A-Team’ working. LEARNING THE LINGO WINE TASTINGS If you purchase a wine based on a Attend wine tastings or festivals. This wine writer’s recommendation, and the is a fun and social way to learn about wine is not to your liking, go back and wine. The best way to learn about the re-read the review. Wine writers have a countless events that occur in the city is way of making qualities you may not like DIEGO CERVO to check out Plan Vancouver sound attractive. Herbal to a wine writer regulated and costly. Government liquor
Spring 2009 BC Legal Management Association www.BCLMA.org Member Services: [email protected] Topics 11 More wine, Madeira? from Page 10 YES, THERE’S A DIFFERENCE sites that are pay-for-use sites. Marketing coach or consultant? Make the They offer a wealth of information. The most well-known wine journalist in decision according to your business needs the world is Robert Parker. Parker’s By Robert Ciccone opinion can make or break a wine. role in your company. Stephen Tanzer, Allen Meadows (Bur- am both a marketing consultant and DO YOU NEED HELP? gundy only), the Wine Spectator, James Imarketing coach. How do you feel about your market- Halliday and Huen Hook, two respected For many of my clients, I do more ing. Are you a $10- than just consult with them on marketing million company plans, strategies and tactics. I help them that is only doing $4 Pop that cork! develop and execute entire marketing million a year? Does Consult these websites for local and Cana- programs. Some of my contracts are long your marketing dian wine reviews: term – a year or more. During them I team resist change? may hand-hold; I may mentor; I some- Is your marketing ‘Wine Diva’ Daena van Mulligan is a somme- times act as their de facto marketing VP VP out of ideas? Are lier who tastes and travels extensively: and, yes, I often end up being their mar- you spending 80, 90, http://www.winediva.ca keting coach. Robert Ciccone 100 hours a week at I hear you saying, “What’s the differ- your business, and Anthony Gismondy has been writing on wine ence between a coach and a consultant?” still not making the progress you feel you since 1983 and has been the weekly wine From my perspective, there isn’t – or deserve? columnist for the Vancouver Sun since 1989: shouldn’t be – any difference. But in the Entrepreneurs, especially, tend to get http://www.gismondionwine.com/ real world, there is often a great gulf be- bogged down by the minutiae of running tween coaches and consultants. You see, their businesses. After all, running every- Wine & Dine includes suggestions for wine some coaches know almost nothing about thing is how they started. And, when pairing, local wine tasting events and links to the topic they are coaching on. This may you’re doing everything yourself, it’s easy cellars and chocolates: not be a bad thing because, as coaches, to feel daunted by the job of creating and http://www.wineanddinebcnews.ca they are trained and skilled in the tech- executing a marketing plan. niques of guiding clients to discover their No wonder some business owners feel Vancouver Info highlights events, own ways of approaching and solving prob- like they’d rather sell hats and t-shirts on wine stores in the city and book reviews: lems. the beach in Costa Rica. If you feel like http://www.vancouverwineinfo.com Coaches can help you pursue your ob- that, you need a bit of help. jectives by giving you an impartial point FINDING THE RIGHT HELP of view, and helping to eliminate self-im- If you’re looking for a coach, a consul- Australian-based wine writers, also have posed, negative or disempowering behav- tant, or – even better – someone who websites. iors that may be limiting your success. does both and who can help with your There are also two wine and food-ori- So, if you’re well-versed in the theory marketing program, there are a few ented magazines, City Food and EAT and the practice of whatever it is you things you need to find out about them. that are excellent resources. need help with (marketing, for example), Coaches should have: CHEERS but just can’t seem to make it happen for 1. Coached in similar situations While it’s not Now armed with a lexicon of words your company, you may benefit by hiring essential to have specific industry expe- and your shopping list of wines, you can a talented coach. But if your marketing rience to coach, it can greatly reduce decipher the endless array of shelf talkers sucks because you don’t really know what the learning curve and speed up results. and wines adorning liquor store and pri- to do, then you need a consultant. 2. A record of results It’s one thing to in- vate wine-store shelves, and make an in- Typically, a consultant will have ex- crease learning for clients; it’s quite formed choice. I hope this helps. Salute. pertise, bottom-line experience and well- another to translate it into action and honed skills in their particular area or dis- results. Ask for examples of past re- John Clerides is the owner and President of cipline. You can expect a marketing sults. Marquis Wine Cellars. John travels extensively consultant to bring skills and knowledge 3. Walked their talk Coaching isn’t telling. through the wine regions of Italy, France, California, in strategy, consumer insights, advertis- It arises out of a coach’s ability to in- Washington State, Oregon and Australia. Visit his ing, demographics and databases, offers spire and empower. This comes from shop at 1034 Davie Street, Vancouver, or his web- and promotions. They should also be doing the work in their own lives. site
Spring 2009 BC Legal Management Association www.BCLMA.org Member Services: [email protected] Topics 12 HI! MY NAME IS... with Michelle Obama. Or in meeting a Robert, associate him with Robert Seven tips for remembering the name of Redford. USE THE PERSON’S NAME IN YOUR the guy you hope will do business FIRST RESPONSE. By Bill Lampton, Ph.D. Immediately after being introduced to An uncommon George, say “It’s so good to meet you, ou mutter to yourself: “My gosh... name startles us. We George.” Even that initial use of the Yhere comes that lady I met at the re- tend to give up on name lets him know that you got his ception last week. Now I have to intro- learning it. Now name accurately. duce her to the three people with me. But think, though, would Once or twice more during you con- I can’t remember her name.” it be rude to ask the versation, inject his name: Sound familiar? Sure enough, it comes person to spell her “George, where did you say you are to pass, and you feel awkward and name? from originally?” embarrassed. Not at all. In fact, “Tell me, George, do you live on the This name lapse happens too fre- your new acquain- Bill Lampton... street behind the shopping centre?” quently. Yet the ability to recall names tance will be pleased Lamps, tons, tons Every time you include his name in instantly remains vitally important for that you are that in- of lamps.. Lamps the conversation, you are giving yourself sales, marketing, public relations, man- terested in her. She are bright... bright an additional reinforcement of his name, agement, politics, customer service, pa- will spell it more than ideas... tons of even as you demonstrate your knack with bright ideas from… tient relations, volunteer work – and ev- once if the first go- Bill Lampton! names. ery other professional function. round doesn’t work. GET THE NAME IN WRITING Use these seven basic tips, and you’ll VISUALIZE THE NAME Here again, you are not insulting your start remembering names with remark- Suppose you meet a guy named Hardy. new acquaintance, you are flattering her. able accuracy. Right away, picture a Hardee’s restaurant. Alice likes this indication that you want CATCH THE NAME TO BEGIN WITH See the man’s name in lights, with this to keep her name, and preserve it Why don’t we catch the name? Usual- slightly different spelling. Envision yourself accurately. ly there is a fairly obvious reason. Instead eating a burger with him. You’ll be Or if you are in a setting where Alice of listening to a person’s name when we amazed at how quickly your imagination is likely to have a business card with her, are introduced, we are thinking about the imprints the name in your memory. offer to exchange cards. This request pro- brilliant opening comment we are going ASSOCIATE THE NAME vides you with a written copy of the to make next. So the name, though clear- Let’s say you meet a woman named name. ly stated, slips right by us. Alice. Certainly you have met other LOOK AT THE NAMES LIST BEFOE YOU Note: Nothing you could say for your Alices. Associate the familiar Alice with ARRIVE AT A FUNCTION opening sentence would be as impressive the new Alice. So, you are going to attend the Kiwa- as demonstrating that you captured the You can even associate with famous nis Club’s annual dinner meeting. You person’s name accurately. people you don’t know. For example, want to brush up on the names of likely ASK FOR THE SPELLING IF NECESSARY when you meet a Michelle, associate her Remembering names to Page 15
Coach or Consultant? from Page 11 vertising, but only someone versed in ure for your business. Marketing consultants should have: direct response can present offers and Robert Ciccone is the president and founder 1. Experience in person-to-person selling Mar- information in ways so compelling of Success Unlimited Sales and Marketing keting is about salesmanship. They that you buy what they are selling, Group (www.susmg.com). ought to know how to size-up and right now. He is also the creator of the Marketing for engage prospects, zero-in on benefits, 3. Experience in your type of business Do they Profit Program, a three-part results program overcome objections, and know have experience in business-to-busi- that provides the marketing systems, tools and when, as well as how, to ask for the ness, or business-to-consumer market- ongoing support to help participants immediately sale. All these are skills that translate ing (depending on who you market to). and more effectively build, manage and operate readily from in-person encounters to Be sure to check references and seek a profitable business: all forms of advertising. recommendations. Working with profes-
Spring 2009 BC Legal Management Association www.BCLMA.org Member Services: [email protected] Topics 13 rangements. Al- WHEN TIMES GET TOUGH, EMPLOYMENT ATTITUDES CHANGE though there was the initial resistance How to manage HR in an economic from lawyers, I per- downturn: Simple; stay the course sonally supported this before it became By Raf Sansalone of the employee’s obligation to fulfil their a popular concept, Borden Ladner Gervais LLP part of the employment contract. and encouraged our Since that October conversation with lawyers to consider n October, the BCLMA’s Editorial Bob, the job environment has certainly it. Raf Sansalone ICommittee Chair, Bob Waterman, changed, and I’ve read the Kennedy quo- The requests asked me to consider an article for Topics tation in several human-resources articles, were coming from staff returning from newsletter on recruitment and retention, and recently heard it on a morning talk maternity leave. and what firms were doing to attract and show. “It will work just fine,” I told our retain top talent. I suggested that we An article from last November’s issue lawyers. “It is a temporary arrangement should be looking this year at the matter of Canadian HR Reporter noted, “...There for a few years at the most. We’ll get from a perspective: the employer’s. will be less job-hopping in the next two to our staff back full-time around Year 4 In the last five years or so, we have three years. The ‘arrogance of employ- or 5, once their children are in school. been focused on how to make our firms ees’ will also go down.” So I’m not so We will have happier, less-stressed em- the best place to work for employ- far off centre after all! ployees who will have a better work/life ees, but we seem to have lost sight Let’s talk about flex arrange- balance. They will take less time off of what we should be asking from ments. These are a must-have since they can make their personal ap- employees in return for salary, perk under employer-of- pointments on their week days off,” I benefits and perks. I keep think- choice. In the mid-to-late added. ing of the John F. Kennedy 1990s, we received the first of Fast-forward 15 years, and a variety of quotation, “Ask not what your numerous requests for a re- flex arrangements, including working country can do for you, but what duced workweek, job sharing from home, are now entrenched in our you can do for your country.” and other forms of flex ar- office. Employees did not return to full There was a time when job appli- time work after four, five, six, or even 10 cants, during their interviews, fo- years, as the work/life balance issues be- cused on what they brought came increasingly complex. to the table rather than the For the most part, similar stresses exist now common, “What’s in if working three, four or five days. On it for me?” mentality. the employer’s side, part-time em- We have adjusted our ployees still get sick, have acci- workplaces to accommo- dents, get vacation time – and date a new generation of there is no end in sight to employees. In order to stay the accommodations needed competitive and attract to juggle it all. and retain top talent, we The head-count increases to have retooled our business get the job done because now we practices. Everyone wants have two people filling one position, to work for an organization and that adds to the administra- that values employees, espe- tive and management side of cially one that takes strides to the equation. While this is a ensure that the work environ- good arrangement for the em- ment is a healthy and re- ployee, it’s often a challenging spectful environment. So balancing act for the employer. then what should the em- Since starting my HR career ployer reasonably expect in the early 1970s, the workplace in return? has changed tremendously, and I’ve “Accountability” and seen my share of swings between an “responsibility” come to employee job market and one favouring mind. Let’s not lose sight LISA YOUNG, PHOTOGRPAHER HR in a down economy to Page 15
Spring 2009 BC Legal Management Association www.BCLMA.org Member Services: [email protected] Topics 14
OUR NEW SCENARIO – YOU BETHEJUDGE TELL US WHAT YOU’D DO IN: THE CASE OF By Paula Butler, Lawyer ere’s the case we posed to you last issue, followed by a re- THE PREGNANT RECEPTIONIST sponse from within the BCLMA. On the right is a new sce- Hnario for you to judge, and, below it, are instructions on ary-Jane is one of the two receptionists at Smith & how to let us know what you would do in that situation. MFrankinson, and she works 7 a.m. to 3 p.m., five days Bonus! A respondent will be randomly chosen to receive a $25 per week. The second receptionist works 12:30 p.m. to 6 gift certificate to Chevron. Note that your response remains 100% p.m. anonymous unless you attach your E-Business Signature with Mary-Jane becomes pregnant and takes a year off on your text. Even if you identify yourself to us to be entered into the pregnancy and parental leave. Before Mary-Jane returns to draw, your participation will remain anonymous to our readers. work, she requests a meeting with you, the Hu- We won’t publish your name, neither as a respondent nor as a man Resources Manager at the firm. winner. At the meeting, she tells you that she Paula Butler is a sole practitioner who specializes in labour and has hired a nanny, and has told the nan- employment law from her office in West Vancouver. ny to bring the baby to the office at three-hour intervals, starting at 9 each morning, so that Mary-Jane The case of Luigi, Bill and Todd can breastfeed the baby uigi and Associates is a law firm that has grown quickly from while she is at work. Leight people to 24. You explain to her this Along with that growth has come a variety of recruiting, reten- won’t work because tion and morale issues that has led to some unhappy staff. Susan there is no coverage Luigi decides that she is going to raise firm morale by encourag- for reception at 9 or ing social interaction. She implements Friday-evening drinks and at noon, and that it would be inappropriate for her to breastfeed the baby while she is sitting at reception. She leaves your office and immediately retains a lawyer. Does Mary-Jane have any legal recourse resulting from your decision?
HOW TO BE OUR JUDGE TO RESPOND: WWW.BCLMA.ORG This feature of TOPICS, compiled by Vancouver lawyer Paula Butler, pizza, starting at 4:30 p.m. in the firm’s boardroom. is designed to get you thinking about workplace scenarios that might The first few Friday nights are fun, and everyone deems the happen – or have happened – to you. social nights a success. Last Friday, two of the associates, Bill Read the case above, aimed at challenging your management ability. and Todd, had a few glasses of wine at the firm, and then went Then, click on the BCLMA domain below to go directly to the website. out to a bar around the corner from the firm and had four or five more drinks. Bill then decided to drive Todd home, believ- On the home page, click on the Respond to Topics Scenario ing himself to sober enough to make it home safely. On the way button to arrive at the You Be The Judge response form. Describe how home, Bill ran into the side of the Burrard Street Bridge, instant- you would answer the question at the end of the scenario. Submis- ly killing Todd. Does the firm have any liability for Todd’s death? sions are 100% anonymous. Neither sender’s name nor the firm’s name will be revealed to the editors – RESPONSE: If drinking went on for a significant period of time and the only your response. Next edition, we’ll print a selection of your associates were already inebriated when they left, the firm could be anonymous responses – and provide a new scenario. Luigi, Bill and Todd to Page 15
Spring 2009 BC Legal Management Association www.BCLMA.org Member Services: [email protected] Topics 15 HR in a down economy from Page 13 Luigi, Bill and Todd from Page 14 wine-and-cheese employers. Often from one extreme to party. At one point the other and back again. responsible. To help reduce the problem the in the event, her As I write this, we are in an employer- firm must restrict the amount of alcohol boss told her that favoured era; it won’t last forever. As the available and the length of time the alcohol is he would call her months pass, the economy weakens and available. There also should be a posting to husband if she con- the job losses pile up, there is an ever-so- everybody that attends that they are responsible tinued drinking, slight shift in attitude. Even employees in for their actions. You could offer taxi chits but and he offered to law firms are rethinking expectations. I would be cautious about that as this may just pay for a taxi for all Generally, you don’t hear much about encourage more drinking employees. Another Paula Butler job losses in the legal profession, but it’s employee who had happening now, and I expect it will con- Hi, this is Paula. not been drinking offered rides to em- tinue for a while longer. Employers can be held liable for an ployees who had been. Ms. Hunt reject- Do we need to make huge changes in employee’s actions after the employee ed these offers, and went to a pub after the way we operate our business? Heck, has consumed alcohol at a firm event, the work event. She subsequently got in no. Staying the course is the best survival even if some of the alcohol was con- an accident on her way home. In this technique. Continue to maintain best sumed at a bar after the firm function. case, the employer and the pub were practices in both business- and people- Courts have found that employers have found to be 25% responsible, despite management aspects of the organization. a duty to protect employees from harm. the fact that the employer had taken a Continue to treat people well. Continue That duty has been extended to ensure number of steps to ensure Ms. Hunt’s to service clients well. that employees do not become intoxi- safety. This case was appealed and a It may be necessary to cut back on cated while in the course of employ- new trial was ordered by the Court of some of the frills, but employees and clients ment, and subsequently, the drive Appeal, but the parties settled the case will accept that and even appreciate the ef- home. before it went to trial again. forts being made. This is a good time to In Jacobsen v. Nike, a Nike supervisor In short, employers must exercise pay attention, to put resources in areas and provided beer to employees who were caution when providing alcohol to em- projects that sit still during boom times. working all day setting up for a trade ployees at work-related functions. All One project that has sat on my back show. Mr. Jacobsen, 19, went to two reasonable precautions should be put in burner for a while is updating position pubs after work, and subsequently fell place to ensure that employees are not descriptions for our support staff. This asleep at the wheel on his way home. leaving events intoxicated and then will lead to a better understanding of in- His spinal cord fractured, and Nike was driving. dividual roles and responsibility. held to be 75% responsible. If you see someone at a firm event With better understanding and clarifi- You are correct that employers can who is clearly intoxicated, it is impor- cation, we can focus on accountability help reduce the risk by restricting the tant to ensure that the employee does and meeting expectations; even, dare I amount of alcohol available, and the not get in their car, even if the person say it, getting back to basics: a good day’s length of time the alcohol is available. insists that they are fine. work for a good day’s pay. Taxi chits may help as well. However, Don’t forget to have a look at our there is case law that considerably ex- You be the Judge case on page 14 for next Raf Sansalone is the Human Resources Di- tends employers’ liability in this regard. issue, ‘The case of the pregnant recep- rector at Borden Ladner Gervais in Vancouver, In Hunt v. Sutton Group, Ms. Hunt be- tionist,’ and let us know your response and has been involved with BCLMA, and VALA came intoxicated at a work-related about how you’d handle it. before it, for years.
Remembering names from Page 12 your lack of total recall. However, names, the people you meet will remem- attendees before you get there. Simple, when you forget names, you will have ber you, gratefully and permanently. just pull out the membership list and re- a hard time maintaining credibility view the names. Soon you’ll be thinking, and friendship. Bill Lampton, Ph.D., “The Complete “Oh yes, Dorsey is the tallest guy in the Remember to catch the name accu- Communicator,” gave the keynote speech and group” or “Eileen has the reddest hair I rately by spelling, visualizing, associat- directed a seminar at BCLMA’s 2008 have ever seen.” ing, using the name, writing it down, conference. Visit his website, and sign up for his You can forget details about new and reviewing your name list. complimentary online newsletter: acquaintances, and they will pardon Be assured of this: When you remember
Spring 2009 BC Legal Management Association www.BCLMA.org Member Services: [email protected] Topics 16 OLYMPICS LOGISTICS OF HIGH INTEREST TO BCLMA ATTENDEES served judge- ment. BCLMA attendees keenly interested in The court- room was how Olympic operations affects their firms packed with essentially two he complexities of the arrangements Games security – would take effect (about groups of peo- Tbeing made by the Vancouver Orga- January 23) and what streets that pro- ple – reporters, nizing Committee for the 2010 Olympic gram would affect around BC Place, GM and supporters and Paralympic Winter Games (VANOC) Place, Larwill Park (next to the Queen of the 15 ski and all of its government and corporate Elizabeth Theatre), David Lam Park (in jumpers who want to take part in the sponsors to host the activities of the Yaletown), Robson Square, parts of Rob- 2010 Winter Olympics. One of the sup- Games in the downtown Vancouver busi- son Street, Hamilton Street, Mainland porters was Deedee Corradini, who was ness core became readily apparent during Street, Canada Place and the new Van- mayor of Salt Lake City when the 2002 a BCLMA February 11 open meeting and couver Convention Centre. Winter Olympics were held there, and lunch. He also spoke about all the hotels that was on the Salt Lake organizing commit- It also became apparent that day just would be occupied by various Olympic- tee’s Board of Directors. Corradini, now how thirsty BCLMA attendees, represent- related activities, such as the Bayshore, senior vice-president for Prudential Utah ing law firms from throughout the city Pinnacle and Harbourside, which are be- Real Estate, is also the President of whose operations were likely to be affect- ing used exclusively by the International Women’s Ski Jumping USA. ed by the Games’ activities, security ar- Olympic Committee, as well as the Van- But what also makes the case all the rangements and traffic closures, were for couver Club, along with the Listel Hotel, more intriguing is that VANOC for sever- early insight into what arrangements they to be used by Petro-Canada to host the al years has been supporting – and con- will need to make in order to staff their immediately families of Team Canada’s tinues to support – the skiers suing them, operations and address client needs in the athletes, and the Blue Horizon, will be and their compatriots in other countries manner they are accustomed. largely used by the V2010 ISU. as well. Peter Morgan, the publisher and edi- Even the Four Seasons Hotel, which Renée Smith–Valade, VANOC’s vice- tor of Morgan:News:2010, a daily intelli- we want to thank for providing such an president of Communications, said that gence news service of Morgan:News - excellent repast, has rooms that are being support has been fi- letters that reports on the business side of rented to the American TV network with nancial, logistical and the 2010 Games, pledged to simply do the rights to broadcast the Games: NBC. moral, including his best to answer questions from BCLMA The BCLMA will continue to provide hundreds of hours of members and – as an initial expectation updates and forums to discuss 2010 time by VANOC per- of about 20 people turned into more than Games news and developments to assist sonnel, to help the 100 by the date of the luncheon, that he with business planning. women get ready for did in spades for about an hour. potential competition Morgan is not affiliated with VANOC in the 2014 Winter nor any of its supporters, so he was able Olympics in Sochi, Court case between Renée Smith-Valade to provide a neutral and bird’s eye view Russia. of the downtown core with satellite maps VANOC and women She said VANOC, with the full support and the City of Vancouver’s initial trans- of VANOC’s executive vice-president of portation planning map to methodically ski-jumpers has Sport, Kathy Priestner, who worked with discuss how each of the major venues, of Corradini on the 2002 organizing com- VANOC and the City as well as some of multiple dimensions mittee and is friends with her, began the corporate and government sponsors, by Peter Morgan helping the women once it learned from were being assembled and why they the IOC that female ski-jumping “was a would have such an impact on the flow of he summary-judgement trial about real possibility for them” in 2014. traffic near them – and near the offices of Twhether VANOC’s inability to hold She said that while VANOC was not many law firms. women’s ski jumping is a violation of the obliged to do so, “We offered them free He spoke about the dates and times equality provisions in the Canadian Charter access to the training jumps in Whistler, when security closures – known as lock- of Rights & Freedoms because women are we’ve staged two national and one inter- down in the parlance of the Vancouver involved began April 20 before Justice national competitions [for them], we’ve 2010 Integrated Security Unit, the Lauri Ann Fenlon in BC Supreme Court assisted them with their expenses, includ- RCMP-led agency in charge of the in Vancouver. Five days later, she re- VANOC dimensions to Page 17
Spring 2009 BC Legal Management Association www.BCLMA.org Member Services: [email protected] Topics 17
VANOC dimensions from Page 16 couver be chosen... to host the Games, it their sex. is understood that... the laws and “It supported the inclusion of wom- ing accommodation and transportation, sovereignty of Canada shall prevail on all en’s ski jumping,” and the IOC has a and we’ve offered a number of introduc- matters related to the conduct of the number of special rules and programs to tory ski-jumping courses to get more Games in Canada.’ ” increase the participation of women in women involved in the sport.” Clark adds that, “At a minimum... the sport, according to the VANOC brief. The support was not limit- “While the IOC considered the ed to Canadian women, she gender issue raised by the wom- says, but to all female ski- en’s ski-jumping application [to jumpers internationally who the IOC’s programming com- decided to come to use mission] to be a strong factor in VANOC’s jumps. favour of its inclusion, ultimate- The legal side of the case ly the IOC determined that the opened with Ross Clark, QC, sport was insufficiently competi- of Davis LLP outlining the tive internationally.” plaintiffs’ case for the ski- That rejection came, along jumpers, captured in a 123- George Macintosh Ross Clark John Furlong with refusals of several other ap- page overview. plications for inclusions of other Witnesses were not called, but there events put on as part of the 2010 Games sports in the 2010 Games, in November were several metres of affidavits and oth- reflect the Canadian understanding of 2006. er exhibits, all in rows of neat binders, discrimination. This is a constitutional re- VANOC also points out via Furlong’s compiled by the two parties and spread quirement. It cannot be outsourced to a affidavit that the IOC’s contract with across tables in the courtroom. foreign authority....” VANOC has a specific clause, number 68, Clark’s argument is focused on his George Macintosh, QC, of Farris “The contract is governed by Swiss law.” belief that VANOC is actually a creature Vaughn Wills & Murphy LLP, the lead Macintosh’s brief also notes that the of the Canadian government – which lawyer for VANOC in the case, argued in IOC has a wide range of control over VANOC denies, but which is a point his 126-page brief, that the case against VANOC’s activities, and mentions the necessary for Clark’s case if the Charter VANOC is “fundamentally misconceived.” IOC’s 2010 Commission, which visits provisions are to be invoked. “It is “Only the IOC can include an event Vancouver frequently to get briefings VANOC, not the IOC, that is planning, in the Olympic Games,” he says. “and provide instructions” to VANOC, organizing, financing and staging the “VANOC has no right to do so, further it but that there is also a Master Schedule 2010 Games,” and VANOC’s claim that has no power to do so.” to track issues, “a detailed planning tool only the International Olympic Com- Staging an Olympic event, according that co-ordinates the core activities that mittee can determine what events are to the brief, necessarily requires the par- VANOC must carry out as part of the held at its Games is “untenable” in ticipation of other entities within the planning, organizing, financing and stag- Canada if discrimination is attached. Olympic movement; specifically, interna- ing of the Games.” And, VANOC is thus contravening sec- tional federations and national Olympic VANOC, he notes, regularly sends the tion 15 (1) of the Charter. committees which, like VANOC, are un- IOC updates “and obtains its approval “VANOC’s constitutional obligations,” der the authority of the IOC. VANOC for changes to the Master Schedule.” maintained Clark, “cannot be weakened, cannot compel them to act contrary to Any rights given to governments – who much less eliminated, by the IOC.” He the IOC’s directions, he says, and it can- Macintosh maintains are not partners in also noted that part of the affidavit pro- not stage an event at the Olympics with- the legal sense, but in the “colloquial sense” vided by VANOC CEO John Furlong out them. – are the kinds given to “investors or during depositions and document ex- Moreover, any event held without the lenders” according to Furlong’s affidavit. changes that preceded the case showed IOC’s endorsement would not be regard- A simple analogy to explain VANOC’s that in the bid for the 2010 Games, “the ed as Olympic. “It is solely the IOC that relationship to the IOC is that VANOC is Government of Canada submitted a determines what is, and what is not, akin to a franchisee of the IOC,” accord- covenant to the IOC.” Olympic. The fact is that VANOC cannot ing to Macintosh. “In Mr. Furlong’s ex- The covenant provided numerous provide what the plaintiffs seek.” perience, no government exercises any- guarantees of actions that it would take in VANOC flatly rejected the concept thing close to regular, routine, day-to-day ensuring that the 2010 Games were that the Charter can even be invoked control over VANOC.” staged in Vancouver if it were awarded since VANOC is not a government body Justice Fenlon is expected to make her the bid. “Significantly,” Clark told Justice providing a benefit that is being with- ruling this summer on the case, which she Fenlon, “it also said this, ‘Should Van- held from the women on the basis of described as “complex.”
Spring 2009 BC Legal Management Association www.BCLMA.org Member Services: [email protected] Topics 18 THEY CALL IT A ‘FIRM UNIVERSITY’ you know what you’re looking for. Some best practices are already pack- Expanding training to upgrade your staff aged for you. The CLE Webcast Archive
Spring 2009 BC Legal Management Association www.BCLMA.org Member Services: [email protected] Topics 19
Firm University from Page 18 that can be purchased to recognize attending a CLE Webcast are two simple achievement or training goals and and measurable ways to ensure your Develop targeted learning plans and delivery participation. training programs are being well- 3options Now you need to determine If you, like me, are experiencing a received. how best to deliver the training. moderate spending freeze on what may Take a moment to ask training partici- Will your staff and lawyers do best in a seem like trial purchases, you must create pants about their training experiences. classroom setting, self directed e-learning, an inexpensive recognition program that Whether formal or informal, a few words or with one-on-one consultations? is highly visible. of feedback will help you determine Different sized firms will have differ- I have purchased a large box of nice where your continuing education pro- ent approaches based on infrastructure wooden frames from a local discount gram requires attention. and resources. There is no single best store. I used the Word template for a cer- My recommendation to administra- way to deliver training. Typically, short, tificate, customized it with our logo, dis- highly-focused learning events are the played the name of course, put a couple of BCLMA’s TRAINERS best course of action. signatures on it and voila – a cost- effective You may wish to consider training the and highly-visible Certificate of Completion. I SUBSECTION CAN trainer. Teaching is a skill just like any oth- present the certificates at staff meetings, HELP YOU er. If your trainer is simply a member of where they are always well received and your administrative-support staff who was proudly displayed at their desks. available at the time, it may be beneficial tors, or other subsections affiliates of to enrol them in a training course so that Market the program Communication is smaller firms who have been handed the they are aware of training issues, such as 5key in internally promoting your train- responsibility of training, is to attend at how people learn, different behaviour and ing and continuing education initiatives. least one Trainers subsection meeting. learning styles, and people’s general adver- A catchy name and a logo can go a Having done so myself, I was inspired sity to change – or, as we also learned at long way in formalizing the infrastructure by its members who are our organiza- the conference, being changed. you have created. Our simple “BNU” – it tion’s training experts. E-Learning has, by far, become the stands for Baker Newby University – is The larger Vancouver firms have es- delivery method of choice at large nation- simple enough, yet acts as an entity to its tablished training practices and infras- al firms that have the infrastructure and own, and neatly packages all references tructure, carefully managed and main- personnel to undertake it. and communications regarding our train- tained under the umbrella of their Facilitated by software such as Mi- ing programs. respective firm university. crosoft SharePoint, regular training sessions You have to be able to answer staff Alexander Holburn Beaudin & Lang can be scheduled through the firms’ in- members’ inevitable question: “What’s in undoubtedly used the six-step approach tranet. Users can log in to a session and it for me?” Your internal marketing ef- presented here to build their focused and enjoy training at their desk or in a group forts should focus on the individual’s successful firm university program. setting provided by trainers possibly lo- added value to the firm and increased ef- I don’t mind saying that I aspire to cated across the country. ficiencies of their day. their trade-marked training program Great initiatives are always supported Remember to focus on the learning - Ascend, which embodies the lessons pro- by strong use of the information systems not the training. The learners need rele- vided in this article. Their website pro- available. A firm intranet is not a difficult vance to embrace the extra time and ef- vides a brief overview of their integrated undertaking; our firm is still using one de- fort that will be required of them to at- program. veloped using FrontPage 98. Powerful tend training sessions.You need to get A branded firm university is the big- knowledge-management systems are avail- users excited, which is best done by care- picture approach to designing and main- able for any size of law firm. SharePoint is a fully considering what incentives and taining various training programs for all juggernaut of a server application, with a recognition you will provide, such as levels of support and professional staff in variety of collaboration, training and shown in Step 4. your firm. knowledge-management applications. A firm university can evolve into an The 35-lawyer firm of Richards Buell Evaluate and raise the bar Measuring the entity unto its own, creating a common Sutton uses a SharePoint intranet to com- 6success of your training programs will reference and receptacle for all commu- municate the availability of training ses- be easier if you clearly state specific goals nications and training initiatives. sions, and to deliver some of the training in Step 1. We can choose to try to emulate as content using Captivate videos. Re-testing participants in Word train- much or as little of larger firm’s universi- ing, conducting lawyer interviews to de- ty programs into our medium or smaller- Design incentives, recognition, and certifi- termine if legal-support staff’s under- sized firms as appropriate for our inten- 4cates There are a plethora of materials standing of the law has increased since tions and budget.
Spring 2009 BC Legal Management Association www.BCLMA.org Member Services: [email protected] Topics 20 ART ON LOAN The artist could use the exposure... could your firm use the art? as the current economy put a Hhold on your renovation plans? Consider sprucing up the place with new artwork instead. Brent Ray Fraser, a Vancouver artist, is looking for firms that are in- terested in displaying some of his larg- er paintings. The works are contem- porary, and would be perfect for a firm who appreciates art and needs to adorn large walls at no cost. The scale of these works is quite large. some have the wall space to display large Ultimately, it would be ideal to sell the pieces, such as those in Brent’s collection. pieces as a body of work. Prices are af- The advantage here is that a firm can dis- fordable and negotiable. Shipping within play local, contemporary art until the the Lower Mainland is the responsibility piece is sold. “I am my art. I like the purest of the interested party. Truck rental and of forms in art,” says Fraser. delivery charges would run at about If you, your firm, or a firm you know is $200. “Each [painting] has characteristics interested in showcasing art, please contact and attributes that set them apart from BCLMA President Stephanie Marsh (con- one another.” tact details on the last page of this news- We know law firms appreciate art and letter) for further details.
Spring 2009 BC Legal Management Association www.BCLMA.org Member Services: [email protected] BCLMA EXECUTIVE & SECTION LEADERS
SUBSECTION LEADERS EXECUTIVE Trainers BC Legal Management Association Stephanie Marsh, President Ruth-Ann Spencer, Co-Chair Fasken Martineau DuMoulin LLP Facilities & Bull, Housser & Tupper LLP SPRING 2009 2900, 550 Burrard Street Service Management 3000, 1055 West Georgia Street Vancouver, Canada V6C 0A3 Janice McAuley, Co-Chair Vancouver, BC V6E 3R3 Editor: Stephanie Marsh D: 604.631.4767 D: 604.641.4921 Lawson Lundell LLP Managing Editor, Designer: Peter Morgan F: 604-631-3232 1600 – 925 West Georgia Street F: 604-646-2638 [email protected] Vancouver, Canada, V6C 3L2 [email protected] D: 604-631-9254 This issue is also available in PDF format at: F: 604-669-1620
G Opportunities to network with other law firm EDITORIAL COMMITTEE administrators and managers are provided by
Bob Waterman, Chair events such as our annual Spring and Winter so-
DENNIS COX Richards Buell Sutton LLP cials, or monthly subsection meetings. We host an D: 604.661.9241 annual Managing Partners Dinner, and a large con- Cindy Hildebrandt, Director F: 604-688-3830 Linda Lucas, Co-chair Richards Buell Sutton LLP [email protected] ference every other year. Davis LLP 700 – 401 West Georgia Street 2800 Park Place, 666 Burrard St. Vancouver, BC V6B 5A1 G The Job Bank on our website outlines informa- Vancouver, BC V6C 2Z7 Stephanie Marsh, Editor P: 604.682.3664 D: 604.643.6305 Fasken Martineau DuMoulin LLP tion on potential employment opportunities. D: 604.661.9267 F: 604-687-1612 2900, 550 Burrard Street F: 604-688-3830 E: [email protected] Vancouver, Canada V6C 0A3 G The Discussion Board on our website enables [email protected] D: 604.631.4767 Representatives and Affiliates to quickly get ques- F: 604-631-3232 tions answered and obtain advice from others who Human Resources [email protected] Evenna Liu, Director Tina Giallonardo, Chair may have faced similar situations. The best way to Oyen Wiggs Green & Mutala LLP Miller Thomson LLP 480 – 601 Cordova Street W get involved is to become a part of the BCLMA. 1800, 840 Howe St. Mike Bowerbank Vancouver, BC, V6B 1G1 Vancouver, BC V6Z 2M1 [email protected] D: 604-676-9074 NEWSLETTER SERVICES: P: 604.687.2242 F: 604-681-4081 F: 604-643-1200 [email protected] TOPICS [email protected] Paula Butler is a public newsletter. We will be pleased to Barrister & Solicitor add you to our mailing list for this newsletter. Please 200, 100 Park Royal Barb Marshall, Director West Vancouver BC V7T 1A2 contact the Editorial Committee Chair, or any mem- Knowledge Management Fasken Martineau Dumoulin LLP P: 604.782.0373 Greg Christensen, Chair ber of the Editorial Committee listed on the left, for 2900 – 550 Burrard Street F: 604-983-0372 Fasken Martineau Dumoulin LLP comments on any of these articles or to offer sugges- Vancouver, BC V6C 0A3 [email protected] D: 604.631.4991 2900–550 Burrard Street tions for articles in future issues, or for adjustments to F: 604-631-3232 Vancouver, Canada V6C 0A3 D: 604.631.4993 the circulation list. Comments are always welcome. [email protected] Agustino doSouto, Advertising F: 604-631-3232 Harper Grey LLP [email protected] REPRODUCTION RIGHTS: 3200 Vancouver Centre Angela Zarowny, Treasurer 650 West Georgia Street Direct: 604.351.0124 Vancouver, BC V6B 4P7 Topics is copyrighted, however we encourage you to [email protected] Marketing D: 604.895.2852 circulate or copy this material unmodified for your Recruiting F: 604-669-9385 own internal or private use. You may freely quote [email protected] Jane Kennedy, any article or portion of article but it must be ac- Administrator & Membership Services Small Firms companied by attribution. Quoting any article or BCLMA Sharon Kwong Wah, Co-Chair Tim Wurtz PO Box 75562 Young Anderson Baker Newby LLP portion of article without attribution is prohibited. RPO Edgemont Village 1616 – 808 Nelson Street 9259 Main St. The newsletter, its contents or its material may not North Vancouver, V7R 4X1 Vancouver, Canada, V6Z 2H2 Chilliwack BC, V2P 6K2 be sold, intact or modified, nor included in any P: 604.988.1221 D: 604-689-7400 P: (1) 604.792.1376 F: 604-988-1221 F: 604-689-3444 F: (1) 604-792-8711 package or product offered for sale. [email protected] [email protected] [email protected]
Spring 2009 BC Legal Management Association www.BCLMA.org Member Services: [email protected]