Canadian Lawyer InHouse

May 2017

Legal news and trends for Canadian in-house counsel and c-suite executives

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3 CANADIANLAWYERMAG.COM/INHOUSE MAY 2017 www.canadianlawyermag.com/inhouse Director/Group Publisher: Karen Lorimer karen.lorimer@thomsonreuters.com Managing Editor: Jennifer Brown jen.brown@thomsonreuters.com Copy Editor: Patricia Cancilla Art Director: Steve Maver Account Co-ordinator: Catherine Giles Sales and Business Development Business Development Consultant: Ivan Ivanovitch ivan.ivanovitch@tr.com 416-887-4300 Client Development Manager: Grace So grace.so@tr.com 416-903-4473 Account Manager: Kimberlee Pascoe kimberlee.pascoe@tr.com 416-996-1739 Account Executive: Steffanie Munroe steffanie.munroe@tr.com 416-315-5879 Canadian Lawyer InHouse is published 6 times a year by Thomson Reuters Canada Ltd., One Corporate Plaza 2075 Kennedy Rd., Toronto ON. M1T 3V4 (416) 298-5141. Fax : 416-649-7870 Web: www.canadianlawyermag.com/inhouse LinkedIn: www.linkedin.com/groups/3380194 Twitter: @CLInHouse Editorial advisory board: Sanjeev Dhawan, Hydro One Networks Inc.; Jonathan Lau, Alcohol and Gaming Commission of Ontario; Fernando Garcia, Nissan Canada; Joe Bradford, Bradford Professional Corp; Dorothy Quann, Xerox Canada. All rights reserved. Contents may not be reprinted without written permission. The opinions expressed in articles are not necessarily those of the publisher. Information presented is compiled from sources believed to be accurate, however, the publisher assumes no responsibility for errors or omissions. Canadian Lawyer InHouse disclaims any warranty as to the accuracy, completeness or currency of the contents of this publication and disclaims all liability in respect of the results of any action taken or not taken in reliance upon information in this publication. Publications Mail Agreement #40766500 ISSN 1921-9563 Copyright © 2017 H.S.T. Registration #R121349799 To subscribe or change addresses Call (416) 649-9585 Fax (416) 649-7870 or e-mail Keith Fulford at keith.fulford@thomsonreuters.com RETURN UNDELIVERABLE CANADIAN ADDRESS TO: CIRCULATION DEPARTMENT One Corporate Plaza 2075 Kennedy Rd., Toronto ON. M1T 3V4 By Jennifer Brown Editor's Box SEND YOUR news AND story ideas TO jen.brown@thomsonreuters.com Do you have a business plan for the legal department? D oes your in-house legal department have a formal written business plan? If you do, you're among the approximately 25 per cent that do in Canada. During a panel discussion at the Canadian Corporate Counsel Association's annual meeting in Toronto last month, consultant Richard Stock moderated a panel with Canada Post, the International Air Transport Association and National Bank of Canada entitled "Tinkering is Not Enough: Why, Where and How to Innovate in Law Department Management." According to Stock, not having a business plan for the legal department is a "signifi cant opportunity missed." Before you can innovate, should you fi rst have a business plan? Most will agree that innovation looks different in every circumstance and, in some situations, departments need to restructure and focus on doing work that brings recognized value before taking the step to innovate processes. Panel member Jeffrey Shane, general counsel at IATA, said his department has a rolling three- year business plan and legal has to play a role in that plan. Denis Brind'Amour, senior manager, legal affairs at National Bank of Canada, spoke to the fact his department does have a business plan, fi rst put together two years ago. It took a few years to get organized and a lot of effort went into it for little result the fi rst year, he said. The issue they had was the desire to innovate and change, but they bit off more than they could chew. They were tackling 10 priorities in the fi rst year. This year, they are focused on three things — people, technology and knowledge management. If you do have a business plan, is it known to anyone outside the department? Brind'Amour said no, but they are trying to live their business-oriented actions day to day and the business units see the value of the legal department. John West, senior vice president, general counsel and corporate secretary at Canada Post, talked about joining an organization that had a "highly competent, well established" legal group that nonetheless had to "struggle for profi le" and visibility. He said there is no formal business plan, per se, and he is undecided as to whether the organization needs one (he joined in January of this year). However, perhaps that's because there is some other work to be done fi rst to move away from commodity work to higher-end work. He has also been talking about a mission statement along the lines of being key players in the corporation and raising the profi le of legal. Right now, the model at Canada Post is very "reactive" as opposed to initiators. West said his mandate is to take the group "out of the shadows." He also said Canada Post's legal department has been viewed as a cost centre as opposed to a value add — not an unfamiliar story to many others in the in-house community, although I would have thought many are moving away from that status. As someone who has just recently come out of private practice at Norton Rose Fulbright LLP, West also knows the importance of business development — something he is advocating internally now. "We have to be out with our clients not waiting for them to call. We have to be interactive in our business," he said. For West, the concept of innovation right now is how to take the legal team from the shadows and bring it to being seen as a front-line player in the organization. Sometimes, you have to walk before you run.

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