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regional wrap-up ATLANTIC GOLDBERG THOMPSON MERGES WITH COX & PALMER T he "uncommon" Halifax firm Goldberg Thompson has found a partner with the same commitment to understanding clients' needs in the Atlantic regional firm Cox & Palmer, which are set to complete a merger next month. "The two firms are quite complementary," says Danny Gallivan, Cox & Palmer's CEO and Nova Scotia managing partner. "Our focus is on cli- ent services, too." Goldberg Thompson was founded in 1978 and calls itself "an uncommon law firm" because of its commitment to per- sonalized service. "It was the only way to differentiate ourselves," says Victor Goldberg, one of its co-founding part- ners. Cox Hanson O'Reilly Matheson and Patterson Palmer merged in 2007 to form Cox & Palmer, and even though the firm now has more than 170 lawyers across the four Atlantic provinces, Goldberg isn't worried that his small office's values, which made his firm stand out, will be lost in a large regional firm. "These types of values are important for big firms, also," says Goldberg. "But it's not the firms that create the values, it's the people who create the values." And the people at Cox & Palmer are no different. "We do it just by doing the simple things. We return clients' phone calls on a timely basis, we keep them up to date. We understand that a cli- ent's issue is one of the most critical and important things to them and we treat it that way," says Gallivan. A number of Goldberg Thompson lawyers had frequent contact with senior lawyers at Cox & Palmer, and the deal- ings had always been very cordial, estab- lishing excellent relationships. "Over time, we found that we have the same values, so it's really a perfect fit," says Goldberg. "There is such great chemis- try between the two firms. It was com- The two firms are complemetary, says Danny Gallivan. pletely natural to come together." Along with eight experienced law- yers, Goldberg Thompson will provide the Cox & Palmer Halifax office with the opportunity to serve more clients in business law, bankruptcy, litigation, real estate, and wills & estate planning. But, even though Goldberg knows this merger is the right way forward, he can't help but feel a bit of sorrow over the coming loss of the family name from the shingle of a firm he and his cousin Paul Goldberg established. "That was the most emotional part of this merger," says Goldberg. "My father owned a clothing store here. The name has been a part of the professional community in Halifax since the 1920s." Cox & Palmer is the fourth largest firm in Atlantic Canada and will con- tinue to try to become the leading firm in Atlantic Canada. "I like to think we are a [dominant] Atlantic law firm," says Gallivan. "If more opportunities come up we'll certainly look at them." — BENJAMIN GLATT Hair today, unpaid bill tomorrow S ome cases are simply enough to make you pull your hair out. Two lawyers from McInnes Cooper in Halifax recently found themselves in Small Claims Court over an unpaid bill and an agitated — not to mention bald — former client. The one-time client had approached the law firm about a claim he wanted to pursue against the manufacturers of Zyban, a smoking-cessation drug. It's not clear whether the client, Vladimir Cherny, was able to butt out, but it is clear something took a toll on his once-full head of hair. Cherny blamed the drug. "Suffice it to say that the case against the drug company ultimately did not go well for the client. The Nova Scotia Court of Appeal in June of 2009 dismissed the action, revers- ing the decision of a Supreme Court judge who had declined to dismiss it on a summary judgment application brought by the drug company," Eric Slone, the Small Claims Court adjudicator noted in his decision, Cherny v. Downie. Cherny's losing streak continued. Slone concluded he had to pay the lawyers' fees of roughly $35,000 as per a contingency fee agreement that set an hourly rate of $200 if the firm was discharged. The court found the law firm's service well rooted in legal tradition and client consideration. "McInnes Cooper's conduct and service was timely, professional, and extremely reasonable — and that's exactly what the adjudicator found," notes Michael Ryan, a barrister with Cox & Palmer in Halifax who represented one of the lawyers. "There's a moral to all of this," he adds. "No good deed goes unpunished." A hair-raising thought. — DONALEE MOULTON donalee@quantumcommunications.ca www. C ANADIAN Law ye rmag.com M ARCH 2010 7