Canadian Lawyer

November/December 2018

The most widely read magazine for Canadian lawyers

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42 N O V E M B E R / D E C E M B E R 2 0 1 8 w w w . c a n a d i a n l a w y e r m a g . c o m But as to the value of AFAs, some of the survey participants left comments in sharp contrast to Linardi's real estate experience. "AFAs are generally an expensive gimmick," said one. In the spirit of the divide between the 50 per cent of respondents who saw no added value in AFAs and the 44 per cent who said they did, one commenter left the note that the "jury is still out on value of AFAs." Developing AFAs takes time, which has a cost, so many firms and legal departments stick to what they know, Linardi says. But to make AFAs work takes consistency and learning from mistakes when they don't work, he says. "You have to have a cli- ent and a law firm that are both creative and that want the AFA to work. If the first time we tried an AFA it wasn't that successful, you have to learn from that, but you have to try again," he says. "So, it takes some planning and it takes some effort." The biggest issue facing legal departments for 10 per cent of the survey participants was scope creep — the unloading of non- legal work on the legal department. But like the issue of risk man- agement, with scope creep, Linardi sees an opportunity. It's a "double-edged sword," he says. While it increases the legal department's workload, it gives legal a better perspective on new developments and challenges the company is experienc- ing. Though scope creep happens increasingly, he says, he wants the other divisions to come to him with problems, and many problems without a legal element can develop one quickly if not handled promptly and properly. HOW MANY FIRMS RECEIVED THE TOP 80 PER CENT OF YOUR CANADIAN LEGAL DEPARTMENT'S LEGAL SPEND? 52.67 % 36.64 % 6.87 % 2.29 % 1.53 % 1 or 2 15+ 11 to 15 3 to 5 6 to 10 DO YOU ASK THE LAW FIRMS YOU DO BUSINESS WITH TO PROVIDE A DIVERSE ROSTER OF LAWYERS TO WORK WITH AS PART OF AN OVERALL DIVERSITY STRATEGY IN YOUR ORGANIZATION? NO 71.53 % WE'RE THINKING ABOUT IT 17.36 % YES 11.11 % 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 00252TC-A92498-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 The 2019 edition has been thoroughly updated to include the latest federal income tax changes as well as a number of changes in provincial statutes. This edition also provides more detail on a number of strategies and the pitfalls of certain approaches. Changes include • A discussion of the proposals to amend the federal tax laws respecting the "tax on split income," which impacts payments made from private corporations • Updates to the sections on tax benefi ts available to persons with a disability or those persons providing care to family members, including the Canada Caregiver Credit, the Home Accessibility Tax Credit, and Family Caregiver Benefi ts • More detail on various concepts and case studies, particularly when transferring large sums of money to children, either through a gift, a loan, or use of a trust • Updated references for the provincial disability-related programs, including the revised asset limits in Ontario Achieve your clients' personal tax and estate planning goals New Edition Wealth Planning Strategies for Canadians 2019 Christine Van Cauwenberghe, B. Comm. (Hons), LL.B., CFP, TEP Order # L7798-8518- 65203 $73 Softcover July 2018 approx. 700 pages 978-0-7798-8518-3 Annual volumes supplied on standing order subscription Multiple copy discounts available Shipping and handling are extra. Price(s) subject to change without notice and subject to applicable taxes.

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