Canadian Lawyer

June 2011

The most widely read magazine for Canadian lawyers

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associates. "They need to be more like project managers," he says. "There is so much more accountability and scrutiny now over billing that firms need to work more economically and show time for the work they are doing." In such a con- text, he adds, the efforts of well-trained and well-directed associates can be a game changer. "Partners need to educate associates to the point where, if you tell them what you want done and how to manage their time, they will be able to deliver — and they will. There is much more tension now on the business side of the practice of law. Understanding hours and communicating effectively with associates are now crucial elements of profitability." In Canada, which largely escaped the ravages of the recession, the need to understand and embrace the concept and workings of associate profitability has been less rushed. That doesn't mean firms aren't interested in — and can't profit from — learning and adopting new practices and approaches to help them improve the quality of the services they offer and shore up and/or increase revenues and profits. "Things haven't changed that rad- ically here among law firms in regards to increasing profitability — at least nowhere near like what's been happening in the U.S. or the U.K.," says Gilfoyle. "Maybe there's been less motivation here because the recession didn't bite as hard." However, big changes are afoot at many Canadian law firms, including one nation- al firm that is currently experimenting with the Six Sigma business management strategy. Developed by Motorola USA in 1986 — and now used widely by busi- nesses and industries — the system aims to improve the quality of finished work by both streamlining operations and identify- ing and removing errors that affect quality from those operations. "In the current eco- nomic context, people are no longer will- ing to pay for something they don't need, so the challenge for lawyers is to create value for clients and to convince them they are getting the same or even better value and service for the same or less amount of money," says Gilfoyle. "The problem in regards to associates is that they can't work many more hours because they are already hyper busy. So partners must look at char- ging them out at a higher rate — and the only way for partners to do that is to spend the time and energy required to make their associates more productive with the time that is available to them." One caveat to efforts by law firms to transform their associates into highly productive and profitable business units: young lawyers can become disenchanted with their lot in life and start looking for the exits. "The retention of associate talent can become a problem, especially among women lawyers," says Gilfoyle. The focus on production in the practice of law can also create other challenges for associates — and can lead to problems for partners who lack the management and leadership skills needed to both detect and deal with them. "Many lawyers are perfectionists early in their careers," says Allison Wolf, a certified business coach in Vancouver who works with lawyers and firms to improve their performances. "That success strategy becomes a hurdle when they are spending five times the amount of time they should to do a certain job. That puts negative stress on everyone in the office [and] that can be brutal." She says being a practitioner in such a high-reasoning and fast-paced profes- sion as law already provides a tremen- dous amount of stress without concerns over productivity. "The deadlines, the long hours, the constant need for accuracy, the need to be at your best every day — all these things make the legal profession a demanding business to be in," says Wolf. The key to dealing with those pressures is training and mentoring and supporting young lawyers to provide them with the professional skill sets and client-handling personal abilities that will both inspire and enable them to continue learning and to take on increasingly challenging cases — work that can be ultimately billed out at a higher rate. The director of student and associ- ate programs at Norton Rose OR LLP's Toronto and Ottawa offices agrees. "We consider our associates to be our most important investment — but we don't see them as profit pools," says Michelle Gage. She says the firm has instituted several programs and initiatives devoted to legal and professional skills training in recent years — a timely move considering its now part of the global Norton Rose Group. "We've already learned a lot from them," says Gage. "They are way ahead in terms of professional development." For his part, Letalik says he learned the importance of training — and wit- nessed firsthand the skills that global firms need and instil in associates to help manage their operations sharply — in the late 1980s when he ran the BLG office in London, England. "The Brits had maxed out their markets — much like the Quebec law firms did here in the 1990s — and they had the skill sets and the experience with privatization under Margaret Thatcher to success- fully expand into Eastern Europe and China when those markets opened up," says Letalik. In addition to being the first to practise globally, Letalik notes that British lawyers were also the first to segment offers to clients and create geo- graphic spread. "I was completely blown away by how they ran things and their long-term vision. They were way ahead in terms of providing the professional development training needed to support their expansion and in understanding where they were, where they wanted to go, and how to get there. Being from Canada, where it was business as usual, I felt like a country rube." That's why he says he was so keen to help set up a proper training pro- gram at BLG once he got back home — and why some colleagues scoffed at his plans at that PD meeting. But thanks to his efforts and those of PD committee members at each office who brainstorm and consider management ideas they find from around the globe, BLG now boasts one of the most comprehensive associate training programs in Canada that includes everything from entry-level training for young associates (BLG 101) to leadership training for senior partners (BLG 901). "The key was getting every- one to buy in," says Letalik. "Lawyers are clever and they are trained to find fault. But the consensus and understanding within the firm that the benefits of train- ing were good for business was simply overwhelming. Everyone wins." www.CANADIAN Lawyermag.com JUNE 2011 31

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