DECEmBEr 2014
44
INHOUSE
own captive law firms around the
world so we rely on those particular
law firms," he says.
There are definitely practice
areas that lend themselves well
to boutiques, says Nissan Canada
general counsel Fernando Garcia.
For Nissan, labour and employment
and real estate are the primary areas
where work is sent out to boutique
firms. "In my experience, labour and
employment law is perfect for the
use of boutiques in dealing with one
offs like grievances, terminations,
employment contract advice, human
right claims, etc.," says Garcia.
"The caveat is that where labour
and employment is part of a larger
transaction [like M&A], that is when
it is often better to use a larger firm's
labour and employment team as a
way of consolidating work and for
efficiency purposes.
"Often if it is not a Bay Street-
based firm a boutique is spending a
lot less in overhead costs. You save
some money and you're not losing
skill. In many cases they were in
larger firms or became part of a
specialized group," says Garcia.
The ability to negotiate terms and
conditions can also be easier with
a boutique. "Cost is obviously an
issue, but also if you're not a large
institution client and you go into a big
firm it's harder to get their attention
whereas with a boutique you tend to
get better service," says Garcia.
Some in-house counsel say the
hourly rates at boutiques are creeping
up and the gap is slowly closing as
other services become available such
as with alternative service model
firms such as Cognition LLP and
Conduit Law PC. "I'm not sure
current rates will be sustainable —
people need to push down not up,"
says Garcia.
Steve Kahansky, general counsel
with Mattamy Homes Inc., uses
boutiques more often than full
service firms. Mattamy has offices in
Ontario and Alberta and several in
''
''
I'm not sure current rates will be sustainable
— people need to push down not up.
FErNANDO GArCIA, Nissan Canada
Intellectual Property and
Information Technology Law
150 York Street, Suite 400, Toronto, Canada M5H 3S5
Tel 416.941.9440
•
Fax 416.941.9443
•
E-mail info@dww.com
twitter.com/DWW_IPandITlaw
Practical. Experience. www.dww.com
"The vitality of thought
is in adventure.
Ideas won't keep.
Something must be
done about them."
Alfred North Whitehead
(1861–1947)
This is where we come in.
ntitled-3 1 2014-11-25 3:10 PM
