Canadian Lawyer

w w w . c a n a d i a n l a w y e r m a g . c o m N O V E M B E R / D E C E M B E R 2 0 1 8 41 Sidhu is enmeshed all day every day strengthens the working bonds, she says. "It just goes to show that there's a relationship and there is somebody that is looking out for you," she says. "We can't see everything and it's nice when you know that one of your external partners is watching over for you to make sure you don't miss anything." Unlike risk management, alternative fee arrangements are not dominating the in-house bar. Sixty-five per cent of survey respon- dents said they are using a billable-hour model with their external legal providers and only three per cent are using AFAs. Of those who do use AFAs, 60 per cent use them only for up to 25 per cent of the work they send out. There may be more action on the AFA front if law firms were suggesting them to legal departments, but only seven per cent of respondents said their firm introduced the idea of using them. "I would say there's still a lack of consistency in the industry. It's very rare that the law firm will ask us for an AFA," says Linardi. "Usually, it's Golder that would have to bring the issue up and, once we do that, they're pretty responsive to try to structure some- thing that would work." Linardi says he's using AFAs more frequently and has found success with them with their real estate services provider. "We're able to measure our legal spend a lot more efficiently, and that helps the company plan a lot more efficiently for real estate costs in general," he says. 79.65 % 73.84 % 68.60 % 33.72 % 9.30 % 3.49 % National firms Boutique firms (IP, employment law, tax) Regional firms International firms Alternative firms LPOs DO YOU USE: 1. Yes, the general counsel/legal department makes the selection 68.02 % 2. It is a shared decision with executive management/board 18.60 % 3. No 8.72 % 4. Handled by procurement department/ process 4.65 % 68.02 % 18.60 % 1. 2. 3. 4. 8.72% 4.65 % DOES THE GENERAL COUNSEL HAVE THE AUTONOMY TO SELECT FIRMS? C O R P O R A T E C O U N S E L S U R V E Y © 2018 Thomson Reuters Canada Limited 00252WV-A93434-CM Available risk-free for 30 days Online: store.thomsonreuters.ca Call Toll-Free: 1-800-387-5164 | In Toronto: 416-609-3800 New in this edition • Rapidly evolving issues related to the duty to consult Aboriginal communities, including emerging national and international standards related to "free, prior and informed consent" • New developments in the fi eld of Aboriginal economic development including the evolution of impact benefi t agreements, emerging structures for Aboriginal corporations and resource revenue sharing, trusts structures that support community development, and taxation issues specifi c to Aboriginal communities • Aboriginal family and social issues including marriage, separation, and divorce, child welfare, wills and estates, and human rights and privacy • Aboriginal education including the legacy of residential schools, and the work of the Truth and Reconciliation Commission • Aboriginal justice issues, including inquiries and commissions on Aboriginal issues; criminal procedure in an Aboriginal context; Aboriginal justice initiatives; and injunctions and blockades The 5 th edition includes the following case law: • Bernard v. R., Canada (Attorney General) v. Fontaine, Chippewas of the Thames First Nation v. Enbridge Pipelines Inc., Clyde River (Hamlet) v. Petroleum Geo Services Inc., Descheneaux c. Canada (Procureur général), First Nation of Nacho Nyak Dun v. Yukon, Gehl v. Canada, Goodswimmer v. Canada (Attorney General), Kahkewistahaw First Nation v. Taypotat, Ktunaxa Nation v. British Columbia (Forests, Lands and Natural Resource Operations), Ross v. Saskatchewan, Tsilhqot'in Nation v. British Columbia It also includes a new introductory chapter by the distinguished former Canadian parliamentarian and Ontario premier, Bob Rae. New Edition Aboriginal Law Handbook, 5th Edition Olthuis Kleer Townshend LLP Order # L7798-8650- 65203 $150 Softcover September 2018 approx. 880 pages 978-0-7798-8650-0 Shipping and handling are extra. Price(s) subject to change without notice and subject to applicable taxes. Order # L7798-8650-

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