Canadian Lawyer

July 2008

The most widely read magazine for Canadian lawyers

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the region: Cox & Palmer, McInnes Cooper, and Stewart McKelvey. "Re- gionalization and the growth of the three Atlantic regional firms is a ma- jor consideration in the evolution of legal practice in New Brunswick," notes Philip Bryden, dean of law at the University of New Brunswick in Fredericton. "The Cox Hanson/Pat- terson Palmer merger was particularly significant in New Brunswick because Cox & Palmer emerged as the largest of the three regionals in New Brunswick, though not across Atlantic Canada," he adds. Not surprisingly, the big firms tend to scoop up the big busi- ness, which includes multinational companies like Irving Oil and McCain Foods Ltd. However, much of the business in New Brunswick is small- and medium-sized companies. And much of it is rural. As a result, says Stéphane Viola, a partner with Bossé Viola LeBlanc in Moncton, "there's a change in the way lawyers are practising. It's either the big box type of firm or the boutique firm." That transformation is relatively new, says Smith. "When we formed Stewart McKelvey almost 18 years ago, the legal mar- ket was characterized by a relatively large number of prominent smaller-sized firms. In the years since, newer regional firms have formed and consolidated and, other than some smaller firms that occupy certain fields of expertise, the position of the smaller firms in New Brunswick seems to have diminished." Like elsewhere in Canada, many Legislative Assembly Building, Fredericton. small firms in New Brunswick are struggling. "Some of the smaller firms continue to be successful, but it's tough for them to attract larger institutional clients and the ques- tion is whether there is enough work from individuals and smaller busi- nesses to sustain mid-size firms," says Bryden. "My impression as well is that fewer lawyers want to live in small communities and serve the individuals and small business clients in those communities," he adds. "So law- yers from Fredericton tell me that they are doing work in small communities, such as Woodstock or Doaktown or even Mira- michi, that might once have been done by a local lawyer." The rural exodus is also being driven by government legis- lation, in particular insurance reform, which includes a pay- ment cap on minor injuries. "It makes it difficult for a small practice," says Viola. "That has been quite a big hit." Forestell agrees. "The firms that do insurance defence have also seen a decrease. That primarily affects junior lawyers. While they still have work, they're not flat out like they were before the cap." The hit, says Forestell, could go well beyond where lawyers locate. "There could be problems for access to justice in smaller Untitled-3 1 www. C ANADIAN Law ye rmag.com JULY 2008 49 6/6/08 12:47:24 PM PHOTOGRAPHER : GÉRARD SIROIS

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