Canadian Lawyer

T his is not your father's Oldsmobile, as the classic television commercial went. The same can be said about the practice of law. Running your law firm — big or small, Main Street or Bay Street, local, national, or global — ain't what it used to be. In the last few years, tremendous economic factors have been pushing and pulling the practice in all directions in Canada and around the world. While there has been much talk and many reports on dusty shelves about changes necessary to the legal profession, one senses there's been a shift recently to a point where action has become unavoidable. In this spirit of change, Canadian Lawyer asked five thought leaders in the profession to do some futurecasting for us and look at where lawyers, the profession, and the justice system are headed in this country. The following five essays tackle a wide swath of the practice of law: Chris Pinnington of Dentons gives us the big firm, global point of view; on a smaller-firm scale, lawyer and author Mitch Kowalski offers his insights; University of Calgary law professor Alice Woolley suggests an overhaul of the way lawyers are regulated; former Ontario associate chief justice Coulter Osborne has some pointed thoughts on improving access to the civil justice system; and incoming Canadian Bar Association president and in-house counsel Fred Headon sets out his vision for a new legal world. We hope you'll not only read their essays and join in the discussion but going forward share your ideas for change and improvements with us and others in the profession who are creating the systems of tomorrow. Feel free to get in touch with Canadian Lawyer at clb.cleditor@thomsonreuters.com, or join the Canadian Lawyer group on LinkedIn for weekly discussions on these topics and more. - Gail J. Cohen The power of the blank page By Chris Pinnington tunity for our profession. I believe the key is to reframe our world through the lens of our clients' needs and aspirations, instead of continuing to impose our traditional — and likely outdated — view on them. Own your destiny The law is not the only profession in flux; virtually every industry, everywhere, is transforming for very similar reasons. For instance, the trend toward globalization is no longer restricted to big businesses. More and more medium and even small companies have a global footprint, with operations and clients in two or more countries. So, many business clients need agile lawyers who excel at home and across multiple jurisdictions. Add to this that technology has completely altered client needs and expectations to include around-the-clock and aroundthe-world availability, not to mention maximized efficiency and lower costs. Technology has also opened the door to online legal services and artificial intelligence, replacing the need for a lawyer entirely in some cases and ushering into the market new competitors, such as legal process outsourcers. The direct and ripple effects of these trends raise critical questions for Canadian law firm leaders. How will we respond to our clients' evolving business needs? What will be the impact of globalization generally and the increasing globalization of the legal profession? Will there continue to be room for all firms in the new normal Canadian market? What is the winning strategy for the future? Two paths are open. Practitioners can make concessions to meet client demands and market more aggressively, while continuing to operate as always. They can let destiny choose their fate, by leaning on the business model that brought them this far and hope that model continues to produce. Or they can choose the other path and command their own destiny. This takes the courage to adapt to a new environment. I believe successful firms must find the catalyst for transformative change and the opportunity to redefine client, sector, and practice focus and the business model for legal service delivery. For example, it might require establishing an international or global platform, through "greenfield" expansion or combination. Or it may mean making hard choices in determining which market segments to target and, by necessity, which to exclude. Start with a blank page The time for Canadian firms to start from scratch arguably has come. I think we need to reinvent ourselves by starting with a blank page and asking provocative questions to open the way for innovation. For example, we all understand that our clients have goals to achieve and problems to www.CANADIAN L a w ye r m a g . c o m august 2013 39 ranDy lyhuIs W e hear it in the media, read it in industry reports, and see it in our offices every day: the Canadian legal market is on the brink of fundamental change. Globalization, the ascent of technology, economic uncertainty, mounting client expectations in a buyer's market, changing demographics, and a host of other factors are altering the legal landscape profoundly. Many predict within the next decade the practice of law will see more real change than ever before. Large Canadian law firms are confronting this shifting terrain with a range of tactics. Some are expanding their platform globally, while others are moving into boutique and niche practices; many are becoming more aggressive in pursuing traditionally lucrative work, while others are simply conducting business as usual — perhaps confident their hard-earned reputations will carry them smoothly through this sea change. But, the best way to meet change is to embrace it. The legal profession faces revolutionary changes and lawyers will need to adapt rapidly to thrive in this new environment. We must reinvent the practice of law to deliver legal services in a radically different way. We may need to create new capabilities or adjust familiar and longstanding skills to new purposes. Reflecting on my three decades in this business as both practitioner and client, I recognize the challenge as well as the tremendous oppor-

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