The most widely read magazine for Canadian lawyers
Issue link: https://digital.canadianlawyermag.com/i/1469148
18 www.canadianlawyermag.com TOP PERSONAL INJURY BOUTIQUES 2022 Earlier this year, Canadian Lawyer asked lawyers, in-house counsel, and clients from across Canada to vote on personal injury firms. They were asked to rank the top firms from a preliminary list, with a chance to nominate a firm that was not on the list. To be considered in the vote, firms were required to have at least 80 percent of their business come from personal injury work. The final rankings were determined through a points system, in which firms were rewarded on a sliding scale for the number of votes by ranking. The winners were categorized by geography, including the Top 10 in Ontario and the Top 5 in Western and Atlantic Canada. The quantitative results are combined with feedback from respected senior members of the bar when applicable. As pandemic restrictions fall away and offices reopen, firm leaders could have difficulty determining the right blend of the benefits of working from home and the professional growth and relationship building that comes from being in the office. Wagman believes that "in-person collabo- ration leads to better ideas and stronger connections within teams, and it ultimately sustains our culture." He also predicts that "firms that don't emphasize the benefits of working together in the office could see a decline in their culture and employee reten- tion." While law firms won't likely go back to the 100 percent in-office model, finding the right mix of both worlds could be challenging. Dealing with courtroom complications Like the issues related to the hybrid work- place, lawyers in personal injury law prac- tice also wonder how changes to the rules of civil procedure could create uncertainty and delay for plaintiffs. Many of these defaults should help make the system more efficient by removing the need for parties to attend court in person for primarily administrative or relatively simple proceedings. But "things become more complicated," says David Levy at HSH, when these new default modes are used in later or more contentious stages. He points to a new directive within the Ontario court system regarding the "mode of processing various stages of litigation." For instance, "examinations for discovery and mediations are directed to take place in person while pre-trial conferences will remain virtual unless the parties agree or the court orders otherwise," he says. But there is no explanation for this apparent incon- METHODOLOGY "I think clients are looking for law firms who understand what they are going through and are willing to fight for them" Chris Correia, Correia and Collins sistency, especially if the rationale behind having discoveries and mediations in person is that it is more likely to promote discus- sions toward resolution. Furthermore, the current directive in Ontario allows one party to a lawsuit to insist on the default method even if all other parties agree otherwise. No guidelines have been provided to clarify what will be consid- ered appropriate exceptions – distance to travel to the Court reporting site? The nature and extent of a person's injuries? COVID- related need or preference? Bad weather? "This lack of direction will, in all likelihood, result in additional time and effort being spent on motions just to resolve disputes on how the parties will continue their dispute." claim or getting court time, they all see the enhancements that have come out of COVID-19 as at least a partial silver lining. Finding balance in a hybrid workplace Adam Wagman, a partner with winning firm Howie, Sacks & Henry Lawyers, says that firms are still in the grips of figuring out the "right balance between members working both from home and the office." He and others in the legal profession have seen the benefits of staff working from home – for example, skipping long commutes and enjoying cost savings from virtual platforms. Still, he wonders if we are "also starting to see more subtle negative impacts" of staying away from the office. SPECIAL REPORT