working toward document-production standards …development cycle is securing corporate email....

SPRING 2011 ! BC Legal Management Association ! www.BCLMA.org ! Member Services: [email protected]

A newsletter to help our Members, Representatives, Affiliates and partners stay current with the business of law ! Spring 2011

B C L e g a l M a n a g e m e n t A s s o c i a t i o n

By David K. Wotherspoon and Patricia N. Morrison, Fasken Martineau

Over the last quarter century, lawfirms and law courts have wit-nessed a growing shift from paper

documents to electronically stored infor-mation, now often just known as ESI.

Responding to thisdramatic shift, the depen-dence of law firms ontechnology swelled. So,too, has our reliance onpeople to help organize,manage, preserve andhandle disclosure of elec-tronic records.

In Canada, a group ofleading legal experts collab-orated on The Sedona Princi-ples, a set of voluntaryguidelines related to themanagement of electronicrecords for litigation mat-ters. (The 12 principles are onpage 8).

Here, we discuss howthese guidelines affectlaw-firm managers in BC.

The BCLMA compriseseight sections: Human Resources, Finance, In-formation Technology, Knowledge Management,Trainers, Small Firms, Facilities & Services andMarketing. Each of these sections must beproactive and work together—both in our

WORKING TOWARD DOCUMENT-PRODUCTION STANDARDS

Every aspect of a law firmbenefits from supportingthe Sedona Principles

For SaleThis senior

paralegal is upto something...

but what? Then the youngcouple spills the

beans. Whatwould you do?

See Page 6

The Sedona Principles " to Page 8

By George Lo, IT Manager, Alexander Holburn Beaudin & Lang

The smartphone has become an indis-pensable part of everyday life for

work and for play. With the Blackberry, Research In Motion

(RIM) of Waterloo, Ontario pioneered theconcept of email anytime, anywhere toserve the needs of the business community.Apple then came along and designed asmartphone with the consumer in mind.The result was the iPhone — a smartphonethat could do just about everything else.

Innovation occurs rapidly in technolo-gy, and competition is rarely merciful.Each successive release ofthe iPhone has attractedeven more consumers,and corporate usersare being lured awayfrom their Blackberry.

Just last year,iPhone surpassed theBlackberry in overallmarket share on the

strength of consumer demand. Inroads tothe corporate environment are not far be-hind as business leaders demand greaterchoice and the industry works together toresolve any remaining concerns aboutcompliance and security.

But as these changes open the door forApple, the same opportunity becomes

Topics in Topics – Spring 2011• Every aspect of a law firm benefits from supporting

the Sedona principles . . . . . . . . . . . . . . . .1– What are the Sedona Principles? . . . . .8

• Android, a next ‘big thing’? And could it change the smart phone industry – again? . .1

• The Firm . . . . . . . . . . . . . . . . . . . . . . . . .2• You Be The Judge, by Paula Butler:

New scenario: ‘The case of the moonlighting paralegal’ and answers to: ‘The case of the payroll leak . . . . . . . . . . . . . . . . . . . .6

• Lawyer coaching – Help to figure out their own ROI . . . . . . . . . . . . . . . . . . .10

• BCLMA’s Volunteer Hero Awards –Janice McAuley, volunteering, learning, contributing for 20 years . . . . . .12

• Effective strategies offered to trainers . . . . . .14• Job bank for lawyers launched on our website . .15• BCLMA’s Summer Social: The date’s set . . .15• You and your friends on the web . . . . . . . . .15• Photo Feature: Vendor Reception – It was

the festive times, it was the first of times . .16• On the road: Working and partying with

Canadian law-firm marketers . . . . . . . . . .20• Gauvreau new president as BCLMA

executive board chosen . . . . . . . . . . . . . . . .21• Yes, Virginia, there is a Santa Claus in the

mailroom, and he gives year ’round . . . . . . .22• How to deal with employees who don’t

always do what you want them to do . . . . .23

• BCLMA’s Member & Newsletter Services . . . . .2• Making the Moves . . . . . . . . . . . . . . . . . . .15• BCLMA’s Executive & Section contact info . . .24

George LoAndroid, a game-changer? " to Page 2

Android, a next ‘big thing’? And could it change

the smart phoneindustry… again?

David Wotherspoon

Patricia Morrison

SEARCH ME...

http://www.BCLMA.org


mailto:[email protected]?Subject=Spring 2011 issue of the BCLMA Topics newsletter&Body=I'm writing in connection with the BCLMA's Topics newsletter, Spring 2011 issue.





http://www.google.ca/#q=android



http://www.google.ca/#q=iphone

http://www.google.ca/#q=blackberry

http://www.thesedonaconference.org

available for the next upstart. Historyhas proven time and again: “Build a bet-ter mousetrap, and the world will beat apath to your door.”

As quick as iPhone reached the top,Google ascended with greater speed andtook away Apple’s operating-system crownwith its Android smartphone platform.

Google makes phones? Well, not really.You may know little about the origins

of Android or the role Google has playedin its development if you are not a self-professed geek or if you work outside ofIT. Today, Android is the name of theoperating system that runs on manysmartphones that aren’t made by Apple.Back in 2005, it was also the namesakeof the company that developed a newmobile operating system based on theLinux operating system.

Google purchased Android Inc. thatsame year, and worked with a consor-tium of major technology companies,the Open Handset Alliance, to developopen standards for mobile devices. Theresult is the Android operating system thatexists today.

So, does Google make phones? No,although they do have a Google-brand-ed model available this year. In fact,Google neither makes phones nor makes

any significantmoney from the

use of their Android software.Ultimately, , Google supports Android

in order to promote its core business: ad-vertising from searches. More and moreconsumers use mobile devices as their pri-mary source for Internet browsing, andthe increased traffic will only improveGoogle’s advertising statistics.

Applications that use Android phoneswill provide another avenue for advertis-ing through the use of display ads, alsoknown as “in-app advertising.” The saleof these apps will also be a relatively mi-nor source of revenue as Google receivesa share of all sales and related subscriptionservices from their online marketplace.

CAN I GET SECURITY?The security of smartphones has al-

ways been paramount for business. Asearly adopters, most corporate networksdeployed Blackberry devices and the ac-companying Blackberry Enterprise ServerRIM developed Blackberry with the high-est level of data protection and encryp-tion in mind, and its solution continuesto set the industry standard—as of today.As new smartphone platforms begin tocreep into the enterprise, IT departmentsapply these standards to determine if anynew devices pass the test.

So, does Android meet all these require-ments today? The short answer is no, at

SPRING 2011 ! BC Legal Management Association ! www.BCLMA.org

SPRING 2011

Editor: Stephanie MarshManaging Editor, Designer: Peter Morgan

This issue, the newsletter archives and a Topics index are all available in PDF format at: www.BCLMA.org

Editorial © 2011 BCLMA, CANADA

Published by: MORGAN:Newsletterswww.Morgan-News.com

BRITISH COLUMBIA LEGAL MANAGEMENT ASSOCIATION

President: Ernie Gauvreau

WHO WE ARE

The BCLMA, founded in 1972, is a non-profit organiza-tion with 108 Representatives and more than 220 Affili-ates across B.C. It is the BCLMA ‘s goal to provide edu-cational and networking opportunities, to enhance skillsas legal administrators and managers, and to provideprofessional and personal benefits to its registrants.

MEMBER SERVICES:

G Opportunities to network with other law firm ad-ministrators and managers are provided by events suchas our annual Spring and Winter socials, or our monthlysubsection meetings.We host an annual Managing Part-ners Event, and a large conference every other year.

G The Job Bank on our website outlines informationon potential employment opportunities for all types oflegal-related and lawyer positions.

G The Discussion Board on our website enables Rep-resentatives and Affiliates to quickly get questions an-swered and obtain advice from others who may havefaced similar situations. The best way to get involved isto become a part of the BCLMA.

NEWSLETTER SERVICES:

Topics is a public newsletter. We will be pleased to addyou to our email list for it. Please contact the EditorialCommittee Chair, or any member of the Editorial Com-mittee listed on the back page, for comments on any ofthese articles or to offer suggestions for articles in futureissues, or for adjustments to the circulation list. Com-ments are always welcome.

REPRODUCTION RIGHTS:

Topics is copyrighted, however we encourage you to cir-culate or copy this newsletter unmodified for your owninternal or private use. You may freely quote any articleor portion of article, but it must be accompanied by attribution. Quoting any article or portion of articlewithout attribution is prohibited.

The newsletter, its contents or its material may not besold, intact or modified, nor included in any package orproduct offered for sale.

BC Legal Management Association

2TopicsGR

AHAM

MOR

GAN

© 2

011

THE FIRM Android, a game-changer? " to Page 4

Android, a game-changer? " from Page 1

“sounds like you guys are really great lawyers... HEY! john! wanna do a westlaw search with that coffee?”


http://www.openhandsetalliance.com



http://www.Morgan-News.com

http://www.Morgan-News.com



http://www.coroflot.com/memo_rabilia_art/portfolio?city=Montreal&specialty=12&

http://www.theonion.com/video/new-google-phone-service-whispers-targeted-ads-dir,17470/




http://www.ricoh.ca

least not out of the box. Development ofthe core operating system takes time in or-der to support multiple hardware plat-forms, but — in time — these features willbecome available. For now, other develop-ers in the marketplace have seized the op-portunity by developing their own applica-tions to overcome these limitations.

One example that demonstrates thisdevelopment cycle is securing corporateemail. Current versions of Android havenative support for Microsoft Exchange tosynchronize email, contacts and calen-dars, but the encryption of this data onthe physical device is absent. Good Tech-nology and its NotifyLink software offer al-ternative enterprise-based solutions to ad-dress data encryption, but also providedevice-management services similar tothe Blackberry Enterprise Server.

Touchdown, software from Nitrodesk, of-fers a device-based solution to provide indi-vidual configuration of email delivery andmailbox management, as well as local dataencryption. But critical services such as en-

crypted communications, enhanced pass-word enforcement, remote device wipingand media-card encryption are supported.

IS THERE AN ANDROID APP FOR THAT?The success of Apple’s App Store has

demonstrated the importance of a strong,online marketplace to gain popularityamong consumers. Google has begun togain the same momentum as consumersdiscover a similar selection of apps intheir Android Market. In fact, most ofthe popular social media apps and gamesfound in the App Store are already avail-able in the Android Market with a largenumber of free apps.

But while Google aggressively pushesforward, serious breaches have raised ques-tions about their ability to protect the con-sumer. Security lapses, one as recent asMarch, allowed infected applications tosteal SIM card numbers and voicemailpasswords from thousands of consumers.What makes this situation more alarming isthat these apps were downloaded directlyfrom the official Android Market, a sign

that appropriate oversight of the market-place is neglected. In comparison, Applemaintains a tightly controlled system start-ing from the approval process—whichsome say is overly strict—all the way to dis-tribution through the App Store and iTunes.

Whether there will be an equivalent An-droid app for every iPhone app will depend onthe collective push of the overall develop-ment community. Setting aside the securityconcerns raised earlier, the open environ-ment of the Android platform will enablelarge-application vendors as well as agile or-ganizations to develop their own mobileapps. Google has corrected the recent issuesin the Android Market, but an improveddistribution model is required to win backthe confidence of the consumer. And thismight happen since Google has just an-nounced a partnership with Amazon to cre-ate Amazon’s Android Appstore. Apple hadbetter look out, and we should stay tuned.

WHAT’S NEXT?For all the issues raised earlier, Android


4TopicsAndroid, a game-changer? " from Page 2

Android, a game-changer? " to Page 5



http://www.rjohnsoncorp.com

has grown this past year to be the number-one smartphone platform throughout theworld, and in second place, just behindResearch in Motion, in North America.

Does this mean that personal privacyand the latest app are not importantto the typical buyer? No. It just mightmean that other factors are more im-portant in their decision-making pro-cess. Consumer surveys have shown thatthe predominant factors affecting theirchoices are selection and price. Diggingdeeper into the statistics demonstrates howthese two factors may lead to even agreater market share for Android.

Take a look at smartphone sales global-ly. The statistics show around 300 millionunits sold in 2010. However, if you take astep back and look at the total sales of allmobile devices, including smartphones,1.38 billion units were sold. While thetrend towards smartphones has increasedby 75% year over year since 2009, over abillion mobile users have been relying on“feature phones,” the category of smart-

phones at a lower end of the price range.The move towards higher-end smart-phones will continue, but any significantgains for premium brands such as iPhoneand Blackberry are unlikely in price-sensi-tive markets of developing countries.

The mobile-phone manufacturer thatstands to lose the most in this transition isNokia and the Symbian operating sys-tem. They had relied on producingcheaper “feature phones” to serve theirprimary customer base in developingparts of the world. The move towardsmore capable smartphones caught themoff guard and their product line was nomatch for their competitors. But in par-ticular, Android will gain most of Nokia’smarket share as various members of theOpen Handset Alliance step up to pro-vide the right solution for the specificmarketplace. The prospects for Nokia are

so desperate that they have announced acomplete transition of their mobile plat-form from the Symbian operating systemto Windows Phone in a major partner-ship with Microsoft.

Market-research companies have al-ready projected Android to capture48% of the global market by 2015.With an expected growth of smart-phone sales to double to 600 millionunits annually in the same time frame,

all major mobile platforms will benefitfrom this trend.

But what happens after this is hard todetermine. The same market researchshows a resurgence of the Nokia/Mi-crosoft combination to reach second in to-tal global market share by that time. It justmay be the next opportunity to discuss thenext “big thing” to change the smart-phone industry… again.

George Lo is the IT manager at Alexander Hol-burn Beaudin & Lang. Don’t ask him whatkind of mobile device he uses. Contact him [email protected]


5Android, a game changer? " from Page 4

Topics



http://reviews.cnet.com/8301-19736_7-20031147-251.html

http://www.sai.ca

LAST ISSUE: THE CASE OF THE PAYROLL LEAK

A spreadsheet that lists the direct -depositpayroll amounts of various people

working in the firm of King,Curbner arrives anonymouslyin the email accounts of adozen staff members onemorning, and then begins qui-etly circulating throughout theremaining salaried staff of thefirm.

Thankfully, the names ofthe individuals are not in thespreadsheet; just their positionsare listed, but they’re sorted bygender.

You’re the Manager of Hu-

man Resources, and as you look at the figures, you’re shockedto realize the amounts are accurate. You know there’s troublea-foot.

And when sorted this way, it’s obvious to anybody who sees itthat one gender is not being paid the same as the other, thoughthey have similar job responsibilities.

What do you do?

YOUR RESPONSE: I would do an internal review of all of thesalaried staff and ensure that there is internal equity.

Hi, this is Paula. This is a good suggestion. It is importantto review all of the salaries at the firm to ensure internal equi-ty when the salaries released disclose a potential gender bias.

If there is a difference in the salaries based on gender thatis not the result of other factors, such as length of service orperformance, that difference should be eradicated.

Another important step here


6TopicsOUR NEW SCENARIO – TELL US WHAT YOU’D DO IN:

THE CASE OF THE MOONLIGHTING PARALEGAL

You work as a paralegal at Johnson, Mathers. Your cubicleis across from Joan Wills, a senior paralegal who mostly

handles real estate conveyancing work. Joan is often on the phone at work, talking in a low voice

so no one can hear what she says, and you have often won-dered what she’s saying, and to whom.

One night after going out for a drink with friends, you re-turn to the office to pick up your fitness bag. Joan, her backto you, is sitting at her cubicle with a young couple. As youwalk towards your desk, you hear the couple talking abouthow excited theyare about buyingtheir first home.

Joan finishesher explanation ofwhat documentsthey will need tosign to completetheir conveyance.As they get up toleave, Joan handsthem a businesscard. You pick up your fitness bag and follow them out, say-ing goodbye to Joan. As you walk down the hall to the eleva-tor you notice the couple unknowingly drop the card to thefloor. You pick it up to return it. It says Joan Wills, Real EstateConveyance Specialist but you see that it does not have the John-son, Mathers logo on it.

That’s when you then realize Joan is operating her ownbusiness, separate from her work, at the firm. You wonder ifyou should tell someone at the firm. Is it really anyone’s busi-ness what Joan does after hours?

What do you do?

HOW TO BE OUR JUDGEWhen you’ve read the new scenario, click on this link

to let us all know what you would do:

www.bclma.org/resources/newsletters/topics/response.cfm

Only your response, not your name, is revealed to oureditors.

Next edition, we’ll print a selection of responses, com-bined with Paula’s commentary and perspective.

We’ll also provide you with a brand-new scenario to in-trigue and challenge you.

The payroll leak " to Page 7

JUDGE! Read our new scenario, then tell us how you’daddress it. Your response will bereviewed by labour lawyer PaulaButler. Contributions by you andPaula will help you and your col-leagues in the BCLMA solve diffi-cult issues they might encounterin their firms.

ANONYMOUS! Your response is100% anonymous, even to theEditors – unless you sign yourname in the Response form. Andwhy would you sign your name?

WIN! If you sign your name, you’ll become eligible towin a $25 gift certificate to London Drugs. And you stillremain anonymous to our readers! We never publish win-ners' names.

YOU BE THE JUDGE

!"#$

$#$"

%&!

%'&

By Paula Butler, LL.B

#




http://www.PaulaButler.com



is timely communication to the staff.By sending out the salary listings tostaff, the firm has exposed itself to ahuman-rights complaint for sex dis-crimination, as well as to gossip andnegative comments internally, and out-side the firm.

It is important that staff is madeaware that the salaries have been re-viewed, and changes are being made toensure they are determined on the ba-sis of factors relevant to the job.

This circumstance also raises the is-sue of the privacy of personal informa-tion. Employers in British Columbia aregoverned by the Personal Information Pro-tection Act (PIPA) for collection and useof personal employee data.

Under this legislation, an employermay collect personal information forthe purpose of establishing, managingor terminating an employment rela-tionship. If the employer is going todeliberately disclose employee person-al information, the employer must ei-ther notify the employee before thedisclosure, or obtain the employee’sconsent, depending on the circumstances.

In the present case, had the namesbeen attached to the salaries, King,Curbner would likely have breachedPIPA. As a result, it is important to en-sure that your human-resources sys-tems and practices comply with thislegislation.

A reminder of our request for you to commenton our latest HR challenge, on page 6: “The Caseof the moonlighting paralegal.”


7You be the judge " from Page 6

Topics

EMPLOYERS IN BRITISHCOLUMBIA ARE GOVERNED BYTHE PERSONAL INFORMATIONPROTECTION ACT (PIPA) FOR

COLLECTION AND USE OFPERSONAL EMPLOYEE DATA



http://www.e-arc.com



http://www.AnnaBeaudry.com

Association and in our respective lawfirms—to comply with the spirit of The Se-dona Principles. Without this co-ordinatedapproach, the guidelines will fail to makeour work effective and efficient. HUMAN RESOURCES This component ofa firm can contribute by recognizing thevalue of a litigation-support professionaldedicated to managing the documentsand supporting materials for clients andtheir cases. The individual representingHR works alongside the litigators fromthe initial client meetings throughout theproceedings to trial and beyond.

While relatively new to BC, this rolehas been in place for years in some otherprovinces. In fact, some busy firms have afull department that assumes these re-sponsibilities. BC firms have begun topromote individuals from within theirown support teams to take on this role.Others have started hiring litigation-sup-port specialists from competitor firms, oreven importing experienced talent fromcentral and eastern Canada.FINANCE Financially, litigation supportsaves money for the firm and its clients.Processes and protocols, when properlyestablished and maintained, can reduce,if not entirely eliminate the need for ex-ternal resources. Equally important, liti-gation support has the potential to gener-ate additional revenue for the firm. Theability to docket time expended to anymatter increases the firm’s profit margin.INFORMATION TECHNOLOGY Given thegrowing volume of electronic records, theIT department is an integral partner indeveloping and supporting the infrastruc-ture needed. Working with IT, the litiga-tion-support specialist must continue toresearch software solutions for efficientdocument management. Naturally, partof the justification for which programsrecommended by the litigation-supportspecialist and IT includes careful consid-eration of budget implications for thefirm and its clients.KNOWLEDGE MANAGEMENT This can bedefined as a range of strategies and prac-tices used in an organization to identify,create, represent, distribute and enableadoption of insights and experiences.

Not only should the litigation lawyers


8The Sedona Principles " from Page 1

TopicsWhat are the Sedona Canada Principles?

Principle 1: Electronically stored information is discoverable.

Principle 2: In any proceeding, the parties should ensure that steps taken in the discovery process are propor-tionate, taking into account (i) the nature and scope of the litigation, including the importance and complex-ity of the issues, interest and amounts at stake; (ii) the relevance of the available electronically stored infor-mation; (iii) its importance to the court’s adjudication in a given case; and (iv) the costs, burden and delaythat may be imposed on the parties to deal with electronically stored information.

Principle 3: As soon as litigation is reasonably anticipated, parties must consider their obligation to take rea-sonable and good faith steps to preserve potentially relevant electronically stored information.

Principle 4: Counsel and parties should meet and confer as soon as practicable, and on an ongoing basis, re-garding the identification, preservation, collection, review and production of electronically stored information.

Principle 5: The parties should be prepared to produce relevant electronically stored information that is rea-sonably accessible in terms of cost and burden.

Principle 6: A party should not be required – absent agreement or a court order based on demonstrated needand relevance – to search for or collect deleted or residual electronically stored information.

Principle 7: A party may satisfy its obligation to preserve, collect, review and produce electronically stored in-formation in good faith by using electronic tools and processes such as data sampling, searching or by usingselection criteria to collect potentially relevant electronically stored information.

Principle 8: Parties should agree as early as possible in the litigation process on the format in which electroni-cally stored information will be produced. Parties should also agree on the format, content and organizationof information to be exchanged in any required list of documents as part of the discovery process.

Principle 9: During the discovery process, parties should agree to or, if necessary, seek judicial direction, onmeasures to protect privileges, privacy, trade secrets and other confidential information relating to the pro-duction of electronic documents and data.

Principle 10: During the discovery process, parties should anticipate and respect the rules of the forum inwhich the litigation takes place, while appreciating the impact any decisions may have in related actions inother forums.

Principle 11: Sanctions should be considered by the court where a party will be materially prejudiced by anoth-er party’s failure to meet any obligation to preserve, collect, review or produce electronically stored informa-tion. The party in default may avoid sanctions if it demonstrates the failure was not intentional or reckless.

Principle 12: The reasonable costs of preserving, collecting and reviewing electronically stored informationwill generally be borne by the party producing it. In limited circumstances, it may be appropriate for theparties to arrive at a different allocation of costs on an interim basis, by either agreement or court order.

– This latest version courtesy Richard Braman, Board Chair, the Sedona Conference

The Sedona Principles " to Page 9



http://www.i-worx.ca

be astutely aware of The Sedona Principles,but this knowledge base can be comple-mented by those using document man-agement for litigation support, whetherclient collections or case-specific materi-als are internally generated.TRAINER The litigation-support specialistoften plays a dual role as a trainer. It iscritical for this individual to have a supe-rior awareness of products in order tosuggest document-management optionsand best-practice solutions based on theproject’s requirements, to organize andoversee the deployment of the solutions,and ensure the accuracy and quality ofoutput—all while adhering to deadlines.SMALL FIRMS Litigation support is notonly of extreme value to large firms. Smallfirms can absolutely benefit from an indi-vidual fulfilling the role of litigation-sup-port specialist. Whether a case is small orlarge, this position can often be combinedwith paralegal duties. For small firms,without either of these roles currently, a

dual responsibility may well be the way tointroduce the concept, and establish supe-rior document-management protocols.FACILITIES & SERVICES This department,responsible for the basic operation andcontinuous maintenance of physical facil-ities, uniquely responds to the specificneeds of the litigation-support specialistby ensuring a suitable setting, which isneeded to be productive in a busy, high-pressure environment.MARKETING This role can help the litiga-tion-support specialist succeed throughboth external and internal promotions.

Clients now spend tremendous timeand effort performing due diligence whenselecting a law firm. From a litigationperspective, clients tend to bypass firmsthat do not stay on top of technologicaladvances and state-of-the-art document-management solutions. Instead, they arebecoming increasingly attracted to firmsdemonstrating a keen awareness forstrong management of a project and doc-uments. Within firms, internal promotion

of the litigation-support function is alsocritical. The Marketing department canhelp the litigation support specialist to ex-plain the unique duties, promote the ben-efits and develop a progressive strategicplan to raise the profile within the firm.

The Sedona Principles were designed toestablish best practices for retention,management and production of electron-ic documents. To be effective, the litiga-tion lawyers and all areas of managementwithin a law firm can make a vital contri-bution when they work together.

Adding a litigation-support specialistto the firm is a practical and cost-effectivestrategy to reap the rewards of complyingwith the guidelines for document management.

David Wotherspoon is a Litigation Partner atFasken Martineau, and co-author of a newguide for civil litigators, entitled Electronic Ev-idence and E-Discovery. Patricia N. Morrisonis a Paralegal and the Co-ordinator of Litiga-tion Support for the firm.


9TopicsThe Sedona Principles " from Page 8





http://www.xerox.ca

By Allison Wolf, Certified Executive Coach andPresident of Shift Works Strategic

It’s an early weekday afternoon and Ijust completed my fourth coachingmeeting of the day. In the morning I

worked with Jason, a senior associate fora law firm, on some complex practicemanagement issues. Then I met withMartha on business development plan-ning. Next, I coached Mark on clientcommunication challenges, and finally Iworked with my last client of the morn-ing, Susan, on career decisions she ismaking.(Client names and stories have been al-tered to protect client confidentiality.)

The truth is that in a lawyer’s busyday there is little or, perhaps, no time forany strategic thinking about their prac-tice. Coaching works because it intro-duces something new — a space andplace for lawyers to think about theirpractice, what they most want to achieve,and how they will get there.

Leadership theory of the past decadeindicates that the best way tolead is to encourage people toreason for themselves. Coachingis the profession that is focusedon supporting people in doingjust that. In coaching, clientsdrive the agenda and the focus ofthe meetings. A coach will startby drawing out their client’s bestideas, and support this by con-tributing their own advice andideas when appropriate. Coach-ing is focused in the present and the fu-ture: understanding the client’s currentsituation and what action they need totake in order to move forward. At eachcoaching session, the client commits totaking action, and is accountable for re-porting on that action in the next meet-ing.

I worked with a lawyer named Valerielast year who had a goal to exceed herbillable target. It was a challenge becauseshe was already working long hours, andnot seeing a result. Valerie knew sheshould be recording her time, but she just

couldn’t do it for anysustained period oftime. Coachinghelped her distin-guish the voice offear that drove herbehaviour. She sawhow her perfection-ism was, in fact, caus-ing more problemsthan it solved.

She learned to distinguish betweenfear-driven perfectionism and a healthydegree of care and attention. The lattercould be billed; the former was an em-barrassing secret that she didn’t wish toshare, and it was time to write that off.

She developed new approaches to herwork that enabled her to get more donein less time. She implemented a variety ofstrategies to capture and record all of hertime. As a result, her billable hours in-creased. Valerie now has more timeavailable for non-billable activities, suchas business development, while her over-all time in the office remained constant.

THEN AND NOW – DEVELOPMENTCOACHING IS FRONT AND CENTRE

Times have changed since 2004, whenI obtained my coaching certification fromRoyal Roads University. Back then,coaching for lawyers was rarely discussed.Slowly, word trickled out of the corporateand accounting sectors. The first lawyersand law firms began to hire coaches about2006. Since those first coaching engage-ments, demand has grown, and the rea-sons for hiring a coach — and the natureof the work — has changed dramatically.

Business-development coaching re-mains one of the most frequent reasonslaw firms hire a coach. After all, thetraining programs over the past 20 yearshad a low – or no – success rate, butcoaching offers a new approach for intro-ducing these crucial skills to associatesand partners. The coaching process sup-ports the lawyer in setting goals andplans. The lawyer commits to weekly andmonthly action. New ideas and ap-proaches get introduced and discussed.Coaching also provides a safe and confi-dential environment for the lawyer to askquestions, and to openly discuss issuesand obstacles.

The pay-off for coaching programsthat successfully develop business is in-creased profitability, creating a new gen-eration of rainmakers for the firm. Forthis reason, business-development coach-ing is often the first reason law firms hirea coach.

WHAT COACHING ISN’T: REMEDIALRarely am I hired for remedial rea-

sons. Mostly I work with high-achievers: senior associates andpartners who have advanced farin their practice, and use coach-ing to help them to progress fur-ther still.

For firms, the best coachinginvestment to make is in thoselawyers who are the keepers —the ones you want to stay andgrow with the firm. When itcomes to the lawyers who hire

me independently it almost goes withoutsaying that they are the high-achievers.These are the people who are willing tomake an investment out of their ownpocket to get ahead.

LAWYERS HIRING COACHESMany of my clients are lawyers who

now retain me directly. They have identi-fied a professional development need,and they seek assistance from a coach tosupport them in taking on the challenge.Their reasons are largely, but not com-


10

Lawyer coaching " to Page 11

AN INSIDE LOOK AT THIS RAPIDLY EVOLVING PROFESSION

Lawyer coaching – Help to figure out their own ROI

Topics

Allison Wolfe

()!*

+!,-$

,+'

&,




http://www.thelawyercoach.com

pletely different from the law-firm con-cept of developing people to developbusiness. The top reasons lawyers hire acoach include:$ Organizational challenges These clients

are senior and successful practitionerswho feel overwhelmed by the volumeof work—files, email, voicemail. Theyneed to learn, then implement newstrategies for handling the volume.

% Time management. Closely related to or-ganizational challenges, lawyers alsoretain a coach when they feel soswamped by the work that they nolonger have time for anything else.

& Career transition. Lawyers frequently re-tain a coach when they want to moveto a new job, whether by choice orthrough external circumstances.

' Practice management. Many clients needhelp to correct unproductive ap-proaches to recording time, billing,client communications, scheduling,meeting deadlines, etc. They havetired of the endless stress and missed

deadlines, and want to work smarter -not harder.

( Marketing and Business Development.Lawyers also retain coaches for confi-dential coaching support for market-ing and business development efforts.

What’s the future of coaching in lawfirms? Leadership encouragement.

I predict that the next big wave ofcoaching in law firms will be a greateremphasis in leadership development. Thecrucial next step is supporting lawyerswho want to learn how to give and re-ceive feedback, how to create high-func-tioning and collaborative teams, and howto establish positive work environmentsthat support the retention and develop-ment of legal talent.

This is one area where law firms lagwell behind their accounting brethren andeven their clients in the corporate sector.Companies invest significantly in buildingup the leadership talent of everyone intheir employ — from junior managers upto CEOs. Corporations bring in coaches

to help align strategy with the action be-ing taken on the ground. The results areproven increases in productivity and profitability.

ACTUALLY HIRING A COACHCoaching has become an accredited

profession like law and accounting. If you are interested in hiring a coach

whether for business development, leader-ship or practice management, I recom-mend you look for a professional who hasexperience working with lawyers, who is amember of the International CoachingFederation (ICF) and a graduate of anICF-accredited coaching program.

ICF coaches follow a coaching code ofethics and conduct.

Allison Wolf is a certified executive coach andPresident of Shift Works Strategic Inc., a compa-ny focused on using the practice of coaching to en-hance the performance and success of lawyers inkey business areas. For more information visit the ICF website:

http:www.coachfederation.org


11Lawyer coaching " from Page 10

Topics



http://www.thelawyercoach.com

http://gardenpartyflowers.ca/bclma-limited-time-offer

How long have you been a member of BCLMA?When my predecessor, Laurie Mar-

tinez, started with Lawson Lundell in theearly 90s, she introduced me to the Asso-ciation, known then as VALA. She wouldbring me along when the meeting topicswere applicable to my role [Office Ser-vices] in the firm. I began going moreand more regularly, and by the time Lau-rie retired in 2001, I became a Subsec-tion Member [of Office Services], nowknown as an Affiliate.

What did you learn from Laurie? How did sheprepare you for the volunteer role?

Laurie was very involved with VALA.She introduced me to people that I stillinteract with today. She felt stronglyabout the networking aspect of the Associ-ation. She encouraged me to get involvedin the meetings, and participate in the dis-cussions rather than just sitting back andlistening. I think she’s probably the reasonI first took on the role of Chair in 2003.As it turns out, the next few years werevery pivotal for the Association and I waspleased to have a front-row seat.

How many times have you chaired/co-chairedthe Facilities & Services subsection ?

I chaired the Subsection on my ownfrom Fall 2003 to Fall 2005. We had justchanged the Subsection name from OfficeServices to Facilities & Services Management. Ibecame Co-Chair in Fall 2008 andserved alongside Lorraine Burchynskyuntil Fall 2010.

What other volunteer opportunities have you tak-en on, either in the BCLMA or otherwise?

I have volunteered as a Sun RunLeader for the last 12 years. I find it veryrewarding to watch the change in peo-ple’s abilities over a four-month periodand to accompany them on their first10K run at the end of the training.

What causes you to volunteer? Why do you feelit's important to give back?

Funny enough, I did not actually vol-unteer, but I was “nominated”—and Idon’t even think I was there at the time! Iwas happy to contribute, though, as I wasreally interested in the networking aspectof the Association.

Ten years ago, my firm gave me theopportunity to move into my current roleas Facilities Manager, and I truly believethat VALA played a large part in makingmy transition a successful one. I made themost of the relationships I developed withcolleagues from other firms to help guidemy way.

I found all subsection members to bemore than willing to share information aswell as discuss problems that we all faced.Together, we developed solutions. As aresult, over the years I’ve often been in aposition where I could offer assistance orguidance to others in return. I value thattwo-way interaction.

What do you enjoy most about the BCLMA?The Socials! I really enjoy spending

time with my colleagues in a casual atmo-

sphere and getting to know them on an-other level.

The BCLMA has evolved. What changes havemost attracted your attention? Do you like howthe BCLMA has evolved?

In my first couple of years as a mem-ber, I had the opportunity to become in-volved in a Strategic Planning Retreat, atwhich the Executive Committee askedfor direct feedback from the subsectionson our views of VALA and areas forchange. I found some of my memos fromthat time as well as a Powerpoint presenta-tion a few of us did. Here are a few of thepoints I pulled from these documents thatwere concerns at the time. What reallystands out for me is the number of thingsthat did change:# Some of our members felt the Execu-

tive was a bit of a mystery. We wantedmore communication from them aswell as more exposure to them. I be-lieve Wayne Scott played a huge rolein opening up the Executive to themembership. It’s a completely differ-ent, more approachable Committeetoday.

# Membership was down and we wereworking on ways to attract new mem-bers and to implement a mentor pro-gram for them once they joined.Membership is always going to be aconcern, but I think today the BCLMAis very proactive in seeking out newmembers and ensuring that the profileof BCLMA is recognized throughout


12TopicsBCLMA’S VOLUNTEER HERO AWARDS

Janice McAuley, volunteering, learning, contributing for 20 years

The BCLMA, and VALA before it, hasalways had the good fortune ofgreat volunteers coming forward to

dedicate precious time and energy to thesuccess of the Association.

This edition, we honour Janice

McAuley, longtime member of BCLMA.Janice has made several contributions tothe Association. We asked her about theexperiences she’d had with the group overthe years.

Our Volunteer Heroes feature highlights

the hard work and dedication of our vol-unteers. If you’ve got the spirit, contact anymember of the Board of Directors or yoursubsection co-Chairs to discover moreabout volunteer opportunities with theBCLMA. We’d love to work with you!

THE HONOUR ROLL OF THE VOLUNTEER HEROES OF THE BRITISH COLUMBIA LEGAL MANAGEMENT ASSOCIATION

Janice McAuley, Office Services Lawson Lundell LLP, Vancouver





the industry.# We pushed for some sort of incentive

for Chairs in order to encourage morepeople to try on the role.

# We wanted all subsections to follow

the same [opera-tional] year –January to De-cember.

# We wanted toencourage all-member educa-tional meetingsthroughout theyear to help cre-ate a feeling ofunity betweenthe different sec-tions.

# We wantedthe Socials to bemore publicizedand to encour-age more mem-bers to attend.

The achievements of the BCLMAdemonstrate how the Board listens to itsmembership and acts on concerns, as wellas how it continues to seek out opinions and

suggestions about how to make this a bene-ficial Association for all of its Members.

The membership continues to grow. Attendance atSocial Events breaks records. Why do you thinkthat is?

I think it’s because the BCLMA haschanged with the times. They listen towhat their members want and need, anddo their best to accommodate. The Exec-utive Committee is no longer “The OldBoys Club” that it was seen as in the ear-ly years. It has evolved and become ex-actly what we need to take our Associa-tion as far as we can.

Bringing Jane Kennedy on board wasa real turning point for the Association.Her experience brought a new level oforganization and professionalism to thegroup. You can see that [the concepts of]recruiting and keeping members is im-portant to her.

For me, things have come full circle. Ihope I give back just as much as I havereceived!


13Topics

!"#$%&'(#)*#*+#,-)./0)$/**'&)&/)+#'.1)2%334)5$$#--'+3#)5.6)577,/5$895+3#)&8,/%18/%&)&8#)4#5,:);//<)2/,)&8#*)5&)#5$8)-%+-#$&'/.)*##&'.1=)#6%9$5&'/.53)-#--'/.)5.6)-/$'53)#(#.&:)>%&1/'.1)7,#-'6#.&)?/8.)@50<#)/2&#.#*$##6)AB;CD #(#.&-)6%,'.1)&8#)75-&)4#5,:)E.)&8'-)$5-#=)8/0#(#,=)8#)-7/<#/.34)+,'#234)5&)&8#)F#.6/,G-)H#$#7&'/.=)&/)<##7)'&)6#3'+#,5&#34)'.2/,*53:)



http://www.bmcnetworks.ca


By Kathy Barry and SarahSutherland, Co-Chairs, BCLMA’sKnowledge Management Subsection

On March 16, 25 members of the Van-couver Association of Law Libraries

and the BCLMA gathered to attend aworkshop led by Reva Kalef of KalefConsulting.

The participants, sitting down at SFU’sWosk Centre for Dialogue, had a diverserange of training skills and experience.From library staff to seasoned trainers, ev-eryone wanted to learn essential strategiesto apply to our work training lawyers andstaff in our law firms.

Reva, our captivating speaker, began byreviewing the list of workshop objectives:

) Considerations when working withadult learners;

) Recognizing characteristics of a moti-vating instructor; and

) Describing key ideas for effective ses-sion planning.

Highlights included: ) Establishing and reinforcing course ob-

jectives to show stakeholders specificgoals and outcomes. This keeps thetrainer accountable and the contentrelevant and applicable.

INTERACTIVE: BCLMA & VALL CO-HOST WORKSHOP – REVIEW

Effective strategies offered to trainers


14Topics

Training workshop " to Page 15

I;)&/)HJ)K5&8#,'.#)C#3('33#)2,/*)L5,,'-);;M)5.6)N#.64)@/3*#-)2,/*)O5('-);;M:

P5.6,5)F5,15)/2)O5('-);;M)05-)5*/.1)&8/-#08/)&//<)75,&)'.)&8#)#(#.&:

I;)&/)HJ)@#3#.)C/<)2,/*)&8#))AB)P#$%,'&'#-)B/**'--'/.Q))C#185.)C566'15.)2,/*)&8#)AB)B/%,&98/%-#);'+,5,4Q)73%-)R,564)>GA,'5.)5.6)?#5.)R5,6.#,=)+/&8)2,/*)P35&#,)F#$$8'/);;M

I;)&/)HJ);''-5)S#335)/2)@5,7#,)R,#4)'-)5)*#*+#,)/2)+/&8&8#)AB;CDG-))KC)-%+-#$&'/.)5.6)5)FD;;)*#*+#,QD.64)L,/#-#=)/2)D3#"5.6#,)@/3+%,.=)'-)53-/)5)FD;;*#*+#,Q)5.6)P5.6,5)N/,6#.)2,/*)O,4-653#)A5$/.:

H#(5)K53#2)I;J)/2)K53#2)B/.-%3&'.1)05-)&8##(#.&G-)1%#-&)-7#5<#,=)5.6))D15&8#@/3/05&'.$=))/2);50-/.);%.6#33=)'-)/.#)/2/%,)-&5305,&)0/,<-8/7)(/3%.&##,-






http://www.vall.vancouver.bc.ca/

# Adult learners have a lot on their mind,both personal and professional. Astrainers, we need to help them breaktheir pre-occupation with the outsideworld. Trainers also need to be practi-cal and show respect for what thelearner already knows.

# Expertise, empathy, enthusiasm, clarityand cultural responsiveness are the topfive characteristics of a motivating train-er. It is important not to sabotage themotivation of the learner. Prepare manyexamples to satisfy everyone’s needs andprevent boredom during the session.

Reva also taught us a variety of train-ing techniques and how to determine whatwill best suit the learner.

For example: a lecture versus a groupdiscussion, or providing handouts versusperforming a demonstration. Her mantra:“It’s all about the learner.”

Reva kept us engaged as she executedall of her training techniques flawlessly tokeep the ever-wandering mind of the adultlearner on track. Her enthusiasm kept theworkshop upbeat and fun, and her exper-tise was invaluable. Most importantly,Reva provided us with many practicaltraining tips that can be applied in a lawoffice right away.

To learn more about Reva Kalef’s training work-shops and consulting services, please visit her web-site at: www.kalefconsulting.com


15TopicsTraining workshop " from Page 14

MAKING THE MOVES…WELCOME, NEW & RETURNING AFFILIATES!

Seven new firms joined the BCLMA so far in 2011! We welcome their Admin-istrators: Jeniffer Sandberg, White Raven Law Corp, Surrey… Barbara

McNab, Synergy Business Lawyers, Vancouver… Natalie Foley, MillerTiterle LLP, Vancouver… Susan Irvine, Affleck Hira Burgoyne LLP, Van-couver… Estela Perez, Quay Law Centre, New Westminster… Lisa Ro-mak, MacAdams Law Firm, Abbotsford… Cassandra Xuereb, Coutts Pul-ver LLP, Vancouver... Corinne Paulin, Lunny MacInnes Dawson ShannonLaw Corporation, Vancouver. Deborah Lo is the new Administrator at Lid-stone & Company in Vancouver and Andrea Dawson has joined HeenanBlaikie LLP as their new Administrator. We welcome Heritage Law back to theBCLMA: Heather Cathcart is the new Administrator there.

ON THE MOVE!

FINANCE: Dorothy Cheung, McCullough O’Connor IrwinLLP… Renata Drag, Hamilton Duncan Armstrong & Stew-

art Law… Emelina Fajardo, Whitelaw Twining Law Corpora-tion… TECHNOLOGY: Perry Jarvis, Richards Buell SuttonLLP… Shawn Gregson, Blakes LLP… Peter Mills, FaskenMartineau DuMoulin LLP… HUMAN RESOURCES: ChristinaHaddrell, Farris LLP (moved from Smart & Beggar / FetherstonhaughLLP)… Janet Barretto, McCarthy Tetrault LLP… Nicole Dunn, WhitelawTwining Law Corporation… TRAINERS: Margaret Cividino, Miller Thom-son LLP… Margaret Koh, Blakes LLP… KNOWLEDGE MANAGEMENT:Euan Sinclair, Lawson Lundell LLP… MARKETING: Rebecca Cheung,Singleton Urquhart LLP… FACILTIES: Robyn LaPlante, Heenan BlaikieLLP… and Charlotte Logan has joined Smart & Biggar plus a number ofBCLMA subsections: Small Firms; Human Resources; Finance and Facilities.

In accordance with our bylaws, firms are the BCLMA’s Members. Representatives wereformerly known as Full Members. Affiliates were formerly known as Subsection Members. The

list of the Affiliate Chairs and Co-Chairs as of the date of publication is always on the last page ofeach TOPICS. You can also go to our website for the latest list; just click our name at the page bottom.

Rebecca Cheung

JOB BANK FOR LAWYERSLAUNCHED ON

BCLMA WEBSITE

The BCLMA has launched a new jobbank, to be used just for lawyer posi-

tions, on its websiteThe lawyer job board is available to

any law firm (BCLMA member or not)company or business that is looking tohire a lawyer. We will post available po-sitions on our website for a fraction ofthe cost of other, larger job sites.

For $350 plus tax, the job will appearon the website for 30 days. Revenuegenerated helps cover costs to maintainand update our website.

Posting all other legal-related posi-tions other than lawyers on the BCLMA

website remains a benefit of membership.To post a lawyer position on the

BCLMA website, email your job descrip-tion in a plain-text document to JaneKennedy, BCLMA Administrator, Mem-bership Service. Her contact informa-tion is below and on the back page ofTopics, or click here.

BCLMA SUMMER SOCIAL

Thursday, June 09, 2011, 5:30 pmBridges Restaurant, Granville Island, 1676 Duranleau Street

Watch for your e-invite in May.

YOU, YOUR FRIENDS ON THE WEB

We post pictures of our latest socialevents on our website. Check out

all the great photos of the BCLMA 2011Annual Winter Social on the socialevents page! Click on our web addressbelow, click on Login, click on SocialEvents, enter your username and pass-word.

How many fellow BCLMA memberscan you identify?





The BCLMA hosted its first-ever Ven-dor Appreciation Reception onFebruary 9th at the Fish House in

Stanley Park. They were packed in likesardines.

The idea was conceived by the Boardof Directors as a way of personally demon-strating to our generous and involved ven-dors how much we value their assistancewith the BCLMA’s annual agenda.

Certainly, we thank our vendors at ev-ery event they help host. This time, we


BCLMA’S VENDOR RECEPTION

It was the festivetimes, it was the firstof times

16Topics

R5,4)P5,#&-<4)/2)H'$/8)-%,7,'-#-)#(#,4+/64)0'&8)8'-)#"%+#,5.&)$#3#+,5&'/.)/2)0'.&#,

R5,4)B5,&#,)/2)M5'.#)!6*/.6- M5664)B5,,/33)/2)H'$/8

?#.)A'33/0-)/2)O'1'&#$8)H#.#05+3#P850.)L5,'/.=)>0.#,)T)B!>=)K,5.U)B/%,'#, !,.'#)R5%(,#5%)/2)R/03'.1-

M5%35)K'#--)/2)C$B%33/%18)>GB/../,)E,0'.

$..*+

')'

(/012,$)

+$,3',!(

Vendor Social " to Page 17

More Vendor Social pix on Page 17



hosted the event, specifically in their hon-our in an exclusive setting.

The Board of Directors was thrilledwith the turnout of both representativesand vendors.

Approximately 30 BCLMA firm ad-ministrators and managers and 30 ven-dors representing companies who fre-quently support the BCLMA enjoyedcocktails and scrumptious hors d’oeuvresprepared by local chef Karen Barnaby.The room was abuzz with lively music bya jazz duo and the cocktail tables werebeautifully adorned with flowers ar-ranged by Garden Party Flowers.

On behalf of the Board of Directorsand association members, BCLMA Presi-


17Topics

P5*)C5..)/2)P'.13#&/.)V,U%85,&)&53<-)0'&8)?'*)L//)/2)P&'<#*5.)!33'/&&

?5.#)A,5$<#.)/2)@5-&'.1-);5+/%,);50)>22'$# B/..'#)L#.4/)/2)O4#)T)O%,85* H/+)D.&#W/-)/2)P4-&#*-)D%6'&'.1)IPDEJ

;#-3'#)C/,15.)/2)@5,7#,)R,#4 ?5-/.)L,'#-#.)/2)X#,/" M#35,)O5('6-/.)/2)>4#.)N'11-

Vendor Social " from Page 16

Vendor Social " to Page 18




dent John Hawke thanked the vendorsfor their dedication to the BCLMA.

“We feel very appreciative of all oursupporters whether they help us offer aneducational event or help host a socialoccasion, contribute to or advertise in ournewsletter, or sponsor and attend our bi-annual conference,” said Hawke. “Wecouldn’t offer our members this multi-tude of high-calibre events without theirsupport and are truly grateful.”

Hawke then randomly drew names fordoor prizes. These lucky winners eachtook home a wine package:! Jane Banham & Sandra Davidge of

Iron Mountain! Gary Cross of Flash Couriers

SPRING 2011 " BC Legal Management Association " www.BCLMA.org " Member Services: [email protected]

18Topics

!"#$%&!'())*+,"-&.)"/,0&-"$',+&,1&$%&$%"'21,"&/-13&'1))"$#4"&5*%2$&54'$+6&71,8&1/&9$:*+&;&<1=

>*))&>$?"-&1/&@1-)21A B$C&<$,8'$-,&1/&D$--*+&E$4#8$% F)*G$7",8&>1--*))6&HI(&5"#$)&J"'-4*,3"%,

B1C'"&(%1C1&1/&D$+?"%&!$-,*%"$4 <8$2&F#")$%2&1/&!*))+&>$+*'+ 5*+$&9$K+1%&1/&LC"%&@*##+

Vendor Social # from Page 17

Vendor Social # to Page 19




! Jen Billows of Digitech RenewableCartridges; and,

! Rick Sellers of XeroxThe BCLMA Board of Directors thanks

everyone who attended our special reception.


19Topics

M$-C&<-1++&.50&1/&D)$+8&<14-*"-&81)2+&$&K*%"&N*-G"O&IN"%'"-&P$-,*#$%&1/&!*))"-&Q813+1%&)11?+&1%

B1(%%"&Q12#8$3&1/&&HI(&5"#$)&J"'-4*,3"%,

Vendor Social # from Page 18

(77$+&(+814-&1/&M-$%2&$%2&Q1C (%%$&>"$42-C&1/&8"-&"N1%C314+&N81,1&/*-3

51--$*%"&>4-'8C%+?C&1/&>14#8,1%&5$K I$%2-$&9$:*2#"&1/&R-1%&!14%,$*% B18%&P$K?"6&!<6&1/&!'!*))$%6&8"$2*%#&813"===



By Blair Lill, President, LMA Vancouver Chapter

It was cold and dark when my alarmclock sounded at 5 a.m. on Monday,

April 4. Staying in bed nearly presented a bet-

ter option, but I had a plane to catch andthe weather report in Orlando lookedwarm and sunny. Half an hour later, Ipeered out my living room window to seemy taxi arrive on time, made a mad dashthrough the rain and found myself on myway.

Check-in at YVR was seamless andeasy, even with the complimentary full-body scan. My brand spanking newCanadian passport— I became Canadiancitizen a few months ago—worked justfine, with the added benefit of gettingthrough US customs sans fingerprintingand mug shot that I had become so usedto providing.

I boarded the plane, which filled to ca-pacity, and quickly settled in the windowseat with my four-inch binder full ofwork. One thing about legal marketing isthe work never stops, from launchingnew marketing initiatives, to jugglinglawyer requests on a daily basis, all whilenavigating within the partnership model.

The time spent in the air was like goldto me—seven uninterrupted hours to fo-cus on legal-marketing projects, do somestrategic thinking, and plan my Orlandoattack. I’m sure the gentleman seatednext to me had hoped to get a littlesleep… Next time, mate.

THE CONFERENCEThe Legal Marketing Association

(LMA) is an international not-for-profitprofessional organization that’s now 25years old.

Established primarily to serve the menand women involved in marketing, busi-ness development, client service, and com-munications in the legal profession, theLMA also serves as a resource for lawyers,COO’s and law firm Administrators.

A number of law firms in Vancouverhave only dipped their toe into the watersof legal marketing, so the LMA, particu-

larly the VancouverChapter, is a valu-able go-to source foranything related tothe topic.

I felt excited to at-tend the conferencethis year, eager tohear about what oth-er firms do, and keento learn about the

latest developments. This year’s confer-ence held a lot of promise, with morethan 1,200 attendees: a record turnout.The venue—the Disney Yacht and BeachClub Resort—may have had somethingto do with that.

DAY ONEThe first day is optional and consists of

essentially three workshops: those new tolegal marketing (QuickStart), those with atleast 10 years of experience (Masterminds),and a session for lawyers (Just JDs).

After the first day, there’s a series ofreceptions and networking. One of thenetworking events is unofficial. CalledCanadian’s Night, it was established in2008 and has been hosted each of the lastthree years by local legal marketing stal-wart, Susan Van Dyke.

This unique event connects Canadianlegal marketers with each other, andhelps expand their professional net-works—in an intimate and casual setting.This year, I continued Susan’s legacy andorganized the event. Fasken Martineauand Lexpert sponsored the event again,both having done so since inception.

Vancouver firms were fairly well rep-resented at the conference and included:Alexander Holburn Beaudin & LangLLP, Blake Cassels & Graydon LLP, Bor-den Ladner Gervais LLP, Farris Vaugh-an Wills & Murphy LLP, Fasken Mar-tineau DuMoulin LLP, Fraser MilnerCasgrain LLP, Gowling Lafleur Hender-son LLP, Lawson Lundell LLP andReynolds Mirth Richards & Farmer LLP.

Susan, in the form of Van Dyke Mar-keting & Communications, also attended.

A total of 70 Canadians registered to

attend the LMA Conference, and morethan 40 replied to the Canadian invita-tion. The agenda was pretty straightfor-ward: go to the Ale & Compass Lounge,look for the Canadian flag, get your lapelpin, meet your fellow Canadians andleave the bar tab to the sponsors.

DAYS TWO AND THREEThis period is when things really

crank. Four tracks of learning run simul-taneously, with attendees selecting theirtopics of interest. During the breaks, ev-eryone reconvenes for networking in theexhibit hall. There’s a trade-show portionto the Conference that attracts vendorsand suppliers from abroad.

There are also General Sessions,CMO Roundtables, and the Your HonourAwards, recognizing excellence in legalmarketing. Canadian firms were well rep-resented in these awards.

This year’s General Session keynotepresentation was superbly delivered by arepresentative from the Disney Institutewho spoke to the subject of Disney’s Ap-proach to Business Excellence. He spoke foran hour, didn’t use notes, had the audi-ence laughing, but at the same time deliv-ered several important messages. He real-ly showed us how to deliver an effectiveand entertaining presentation.

Key themes included: ! Alternative fee arrangements! Social media! RFPs and pitches! Client feedback programs! Best practises for mid-sized law firms! Law firm economics, models, and

profitability! Customer Relationship Management! Rankings and directories, ROI ! The path to legal marketing excellence

Most of the sessions I attended wereexcellent. The one about social mediahad standing room only, and the sessionon RFPs and pitches was also good.When I was not in session or hanging outwith my BlackBerry, I spent my time meet-ing and networking with legal marketersfrom around the world.


LEGAL MARKETING ASSOCIATION’S ANNUAL CONFERENCE, ORLANDO, FLORIDA, APRIL 4-6

On the road: Working and partying with Canadian marketers

Topics 20

Blair Lill

On the road with the LMA # to Page 21






At the end of Day Two, the Confer-ence holds its main networking reception,so at 6:30 p.m. I wandered on down toShipwreck Beach.

After leaving the rain and darkness be-hind me in Vancouver and after a full-onday, it was nice to now relax and minglewith everyone.

The next leg of the evening was the af-ter party, and if there is anything I canreport about this, it’s fair to say that legalmarketers not only work hard, they sureparty hard.

HOME AGAIN, HOME AGAINAfter Day Three, I left the sunshine

and tempting swimming pools at the re-sort and made my way to the airport.

I caught the 6:00 p.m. flight with sev-eral other Vancouver-based legal mar-keters. We arrived home on time at mid-night (3:00 a.m. Eastern time) and made

our way to Customs. Even at that time,arriving at YVR is always pleasant andthat feeling of ‘it’s nice to be home’ stillholds. The taxi driver was a friendly gen-tleman who was able to update me on theweather and the Canucks. Yes, I wasback in Vancouver, that’s for sure.

Back in the office and catching up, Idid notice a sharp increase in the num-ber of LinkedIn requests from people Imet at the Conference.

There’s a lot of value in these con-tacts as it has expanded my network toother legal marketers across Canada,the USA, and internationally.

The following week, the LMA Van-couver Chapter held its annual confer-ence debrief breakfast at Fasken Mar-tineau, sponsored by Lexpert. This eventis for members and is free to attend.

On behalf of the Vancouver Chapter,I thanked David Bienstock, Lexpert’s Di-

rector of Strategic Partnerships and De-velopment) for the firm’s continued sup-port. David joined Kathy Hogarth (Law-son Lundell), Priscilla Wyrzykowski(Alexander Holburn) and myself (FaskenMartineau) as presenters at the debrief.

Personally, I thank the LMA Vancou-ver Chapter for sending me to this year’sconference as its Chapter’s local repre-sentative, and I encourage all legal mar-keters and firm management to considerattending next year’s Annual Conferencein Texas.

Blair Lill is the Director of Marketing & Busi-ness Development at Fasken Martineau Du-Moulin LLP and the current President of theVancouver Chapter of the LMA. He emigratedfrom New Zealand 13 years ago. Contact him [email protected] For an overview of the 2011 Conference, visit:

www.lmaconference.com

Topics 21

GAUVREAU NEW PRESIDENT ASBCLMA EXECUTIVE BOARD CHOSEN

By Jane Kennedy, BCLMA

The Annual General Meeting of the British Columbia LegalManagement Association was held on March 29, 2011 at

the Hyatt Hotel, and 22 Representatives attended.The Agenda included voting on revisions to our

existing bylaws, electing the new 2011/12 Board andthe presentation of the President’s Report.

The revisions to the bylaws were unanimouslypassed by attending Representatives as a SpecialResolution. The significant changes included mem-ber definition, Board eligibility and staggering theterms for Board member to provide mentoring fornew Board members, and Board continuity. The up-

dated version of bylaws will become available on the BCLMAwebsite after they are filed with the BC Registrar of Companies.

John Hawke, outgoing President, gave a heartfelt speechthanking Directors Gary Carter, Cindy Hildebrandt, PaulaKiess, Barb Marshall, Paul Sandhu, Dean Leung, Ernie Gau-vreau, treasurer Angela Zarowny and administrator JaneKennedy for their support and the exemplary work attitude theycontinuously demonstrated. “It made the job so much easier.”

Hawke also praised the Subsection Chairs, Topics EditorialBoard, Survey Committee volunteers and our Conference volun-teers for their support and hours of dedicated work. “We all owethem a debt of gratitude for another great year for BCLMA.”

Lastly, John expressed his gratitude to all BCLMA Represen-tatives and Affiliates for their ongoing support throughout the

past year. In turn, the BCLMA is grateful to John for stepping upto act as BCLMA President for a second time. John acted as Pres-ident several years ago, serving the 1999/2000 term.

Cindy Hildebrandt presented the nominees for the newBoard and votes cast:

The BCLMA Board of Directors for 2011/12: Ernie Gauvreau, PresidentCindy Hildebrandt, SecretaryPaula Kiess, DirectorPaul Sandhu, Director

Susan Spalding, DirectorAnita Parke, DirectorLori-ann Birdsall, Director(Contact info for all on last page)

! "#$%&'()'*+,#-(,'.(/*%.%#01%2(,304('($350(04'#63#$(4%*(5+*4%*(.%*738%('.(7+&9#0%%*(0*%'1.9*%*(5+*(#%'*&-(0,+(2%8'2%.:

;*#3%(<'97*%'9

= >90$+3#$((?*%.32%#0(@+4#A',6%(,'.('&,'-.(8'**-3#$(+#04'0('(/*%.32%#0(.4+9&2(4'7%('&3B+9.3#%:("0(04%((C+'*2B%%03#$D(4%(53#'&&-($+0(+#%EB'2%(+5(84+8+&'0%:




By Clint Baker, Central ServicesManager, Whitelaw Twining

When you work in a mail-roomenvironment, it can be difficultto set exciting goals for yourself

and staff. But one goal worth pursuing issaving money in your Central Servicesdepartment.

At first, I did not know where tostart. Things never really changefrom year to year, including whatwe order for office supplies. When Isat down to look at our expenses, Ifound that our bond paper was thegreatest expenditure.

We use bond paper to print ourletterhead and send invoices toclients. We used a certain brandthat turned out to be the “MercedesBenz” of bond paper. It was highquality, brilliant white bond paper.When we looked at other optionsand compared brightness, qualityand cost, we found a bond paperthat was very close to what we hadused over the years, but at a muchlower cost.

I actually asked people to take alook at both brands and tell me ifthey could tell which was the oldpaper and which was the new. Noone could tell! We then switchedthe bond paper and told no one. Afew keen eyes eventually noticedthe difference, but not until monthslater.

(Then, of course, when ourphoto copier started jamming, everyoneblamed the new bond paper.)

We also began printing our letterheadon the new bond. When it comes to usingbond paper, you just need to ask yourselfif invoices and letterhead really need tobe sent on the best brand-name bond pa-per. If they do, then continue using it. Ifnot, consider switching. We did.

Total annual savings: $5,643.

Next, we looked at the forms we usedfor photocopy requests. They were print-

ed on two-part carbon paper detailing allthe information a person would need tosubmit a photocopy request to CentralServices. We kept the white copy, andgave the secretary or lawyer the yellowcopy. We asked ourselves: “Do we reallyneed to keep a copy for ourselves?” Sincewe didn’t charge for binders, tabs, Cerlox

coils, etc., we found that there was reallyno need to keep an extra copy in CentralServices. Even if we did, a ledger bookcould be drawn up. Or, if we needed tolook at the history of the photocopy re-quest, one form was enough. Besides, ahistory was recorded on the Accountingside of things if we needed to check.


Another area where we saved was inremanufactured toner. The savingswere high, especially in the area of our

color printing. Some companies maytell you, “You can only use the brand-name toner.” They may be correct, butI would research it.

Some of the remanufactured tonerhad trouble registering with the printer sowe went back to the factory original. Thegood news is that only the black didn’twork properly, which was the least ex-pensive.

For photocopiers, of course, this can’tbe done. Only printers can safely use aremanufactured toner. This also worked

for our regular printers around theoffice and our fax machines.


We also decided to switch ourshredding services to another com-pany. When I told our current ven-dor that another company would dothe same work for half the price,they immediately dropped theirprice in half!

Total annual savings: $808

When you begin to tally up thesavings, it can get pretty exciting.You just have to make a decision onwhat can be changed and what can-not.

Just because some things in thecompany have remain unchangedfor a number of years does notnecessarily mean they have to re-main unchanged. Make sure thatif you wish to make a change, firstfind out how it will affect anotherperson or a particular departmentin your company. Do your home-work.

Factor in third-party relation-ships, too. Some of our vendors

have been faithful to us for many yearsand for that reason, a strong relationshipexists.

If that’s the case, I wouldn’t switchvendors just to save a few hundred dollarsper year. Most vendors will gladly lowertheir prices if they know you have the op-portunity to get substantial savings else-where.

In the end, we saved money for theyear. It may not be a monstrous amount,but hey, at least it’s something!



22SAVING MONEY IN CENTRAL SERVICES

Yes, Virginia, there is a Santa Claus in themailroom, and he gives year ‘round

Topics

*+')'

4$56

+$,%




http://www.youtube.com/watch?v=yqy9mqv48Vg

By Lisa Dawson, Administrator,Oyen Wiggs Green & Mutala LLP

Do you have the responsibility of su-pervising the work of others? If so,

you know that employees don’t always dowhat you want them to do.

You have selected your staff based ontheir glowing references, strong academicbackground, relative work experienceand cultural fit.

On the one hand, they present them-selves as competent professionals. On theother hand, they progress slower than ex-pected, miss key points of the job, and sitback and wait for instructions.

They automatically blame otherswhen their own work does not deliver.And worst of all, they become defensivewhen you try to coach them to successful-ly improve their performance through ex-cellent, goal-accomplishing work.

So, what’s a supervisor to do? Per-formance improvement is your an-swer. You begin by finding out exact-ly why the employee is not meetingyour expectations.) Perhaps the employee is

unclear about what youwant them to do.

) The employee may lackthe time, tools, talent,training, or tempera-ment required to effec-tively perform the job.

) The employee may dis-agree with your require-ments or expectations.No matter what, you won’t

have a performing, engagedemployee until you identifywhat is behind the employee’sfunctioning. In other words,what makes them tick?

DIAGNOSING OPPORTUNITIESWhen an employee fails at

work, ask yourself the question,“What is it about the work systemthat might cause the person to fail?”

Often, if the employee knows

what they are supposed to do, the answeris likely time, tools, training, tempera-ment or talent.

The easiest to solve—and the onesmost affecting employee retention—aretools, time and training. The employeeneeds all of these to do their job well, orthey will move to an employer who doesprovide them.

PERFORMANCE IMPROVEMENT FAQ’SAsk these critical questions, so that

you and the employee can diagnose per-formance problems that result in theneed for you to seek performance im-provement. This checklist will help diag-nose the performance issue:

What is it about the work system thatis causing the person to fail?Does the employee know exactly whatyou want them to do? Do they under-stand the goals and the expected out-

comes? Do they share the your vi-sion of the end result?

Does the employee have confi-dence in their competence to per-

form the tasks associatedwith the goal? Procrasti-nation is often the resultof an individual lack-ing confidence in theirability to produce therequired outcome.

Procrastination can re-sult from the employeefeeling overwhelmed bythe magnitude of the task.Is the employee managing

their work effectively? Asan example, do they breaklarge tasks into smallchunks of doable actions?Do they have a method fortracking project progressand to-do lists?Have you established a crit-

ical path for the employee’swork? This is the identifica-tion of the major milestonesin a project at which you’dlike feedback from the em-

ployee. Do youkeep your com-mitment to attendthe meetings or“check-in talks” atwhich this feed-back is provided?Giving employeesthe opportunity toshare goal-com-pletion within theproject gives the employee a sense ofpride and accomplishment. They canalso share challenges they’ve encoun-tered; you empower them by listeningand collaborating on solutions. Does the employee have the appropri-ate and required people working withthem on the team to accomplish theproject? Are other members of theteam keeping their commitments, and,if not, what can the employee do tohelp them, if anything?Does the employee understand howtheir work fits into the larger schemeof things in the company? Do they ap-preciate the value their work adds tothe company’s success?Is the employee clear about what con-stitutes success in your company? Per-haps they think that what they con-tribute is good work and that you area picky, overly-managing supervisor.Does the employee feel valued andrecognized for the work they con-tribute? Do they believe their compen-sation is commensurate with their contributions?

OKAY, WHAT’S NEXT?This ends the first step in how to im-

prove your staff’s performance. Ofcourse, your success as a Supervisor orhands-on Manager is directly reflected inthe success of your staff:

“A supervisor / manager succeeds orfails not so much because of what hedoes, but because of what he is able to getsomeone else to do.”

See Part II in the next edition of Topics.

Lisa Dawson, Administrator at Oyen WiggsGreen & Mutala LLP, has more than 25 yearsof experience leading staff in various managementroles. Contact her at [email protected]


23TopicsPERFORMANCE IMPROVEMENT PLANNING: PART I OF 2

How to deal with employees who don’talways do what you want them to do

Lisa Dawson

*+')'

#$-5#%5.#!

&






BOARD OF DIRECTORSErnie Gauvreau, President

Gowling Lafleur Henderson LLPD: [email protected]

Cindy Hildebrandt, SecretaryRichards Buell Sutton LLPD: [email protected]

Lori-ann Birdsall, DirectorLindsay Kenney LLPP: [email protected]

Anita Parke, DirectorThorsteinssons LLPD: [email protected]

Susan Spalding, DirectorOwen Bird Law CorporationD: [email protected]

Paula Kiess, DirectorMcCullough O’Connor Irwin LLPD: [email protected]

Paul Sandhu, DirectorWhitelaw Twining Law Corp.D: [email protected]

Angela Zarowny, TreasurerAngela M. Zarowny, BA, CGA,

Accounting ServicesD: [email protected]

ADMINISTRATIONJane Kennedy, BCLMA Administrator & Membership ServicesPO Box 75562, RPO Edgemont VillageNorth Vancouver, V7R 4X1

P: 604.988.1221F: [email protected]

BCLMA BOARD OF DIRECTORS & SUBSECTION CHAIRS

Facilities & Service ManagementLorraine Burchynsky, Co-Chair

Boughton Law CorporationD: [email protected]

Alicia Bond, Co-ChairBull Housser & Tupper LLPD: [email protected]

FinanceSheila Tham, Co-Chair

Watson Goepel Maledy LLPD: [email protected]

Pelar Davidson, Co-ChairOyen Wiggs Green & Mutala LLPD: [email protected]

Human ResourcesKerri Antifaev, Co-Chair

Alexander Holburn Beaudin & Lang LLPD: [email protected]

Sonia Kenward, Co-ChairFasken Martineau DuMoulin LLPD: [email protected]

Knowledge ManagementKathy Barry, Co-Chair

Farris Vaughan Wills & Murphy LLPD: [email protected]

Sarah Sutherland, Co-ChairMcMillan LLPD: [email protected]

Small FirmsKimberly MacMillan, Co-Chair

Simpson Thomas & AssociatesD: [email protected]

Lisa Dawson, Co-ChairOyen Wiggs Green & Mutala LLPD: [email protected]

TechnologyGeorge Lo, Chair

Alexander Holburn Beaudin Lang LLPD: [email protected]

TrainersShe’li Mullin, Co-Chair

Camp Fiorante MatthewsD: [email protected]

Tara Cain, Co-ChairClark Wilson LLPP: [email protected]

TOPICS EDITORIAL COMMITTEEBob Waterman, Chair

Richards Buell Sutton LLPD: [email protected]

Lorraine Burchynsky, Topics AdvertisingBoughton Law CorporationD: [email protected]

Paula Butler, Barrister & SolicitorP: [email protected]

Sunita MarchCamp Fiorante [email protected]

Stephanie MarshP: [email protected]

Peter MorganMorgan:NewslettersP: [email protected]

SUBSECTION CHAIRS

#!,,5( 6'7



working toward document-production standards …development cycle is securing corporate email....

Documents