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ANNUAL CORPORATE COUNSEL SURVEY IF THERE IS AN IMPROVEMENT IN THE ECONOMIC FORECAST WILL YOU SEND MORE WORK OUTSIDE YOUR DEPARTMENT? No YES It would take more than six months of solid improvement before this would happen. HAS YOUR TOP LAW FIRM ASKED YOUR LAW DEPARTMENT starting to ask the question. One survey respondent said in response to the diversity question: "We expect the best/most appropriate person for the job regardless of sex, race, etc." While another said: "We support diversity, but will use a carrot rather than a stick approach." Leaders in the profession say it's not a surprise these issues still appear to be in their infancy. "What you're seeing is the awareness and acceptance of those issues is developing and then it takes some time to get them implemented," says Fred Krebs, former president of the Association of Corporate Counsel and now an adviser with Washington, D.C.-based Clearspire Service Co. LLC. On the diversity front, some say it shows in-house counsel aren't paying enough attention to the issue. "It seems we as in-house counsel aren't doing enough to insist on diversity and inclusion," says Sanjeev Dhawan, president of the ACC Ontario chapter. "Obviously as purchasers of legal services and collectively as corporate counsel we have clout so we need to find our collective voice and find ways of using it as we are try- ing to do with the ACC Value Challenge on the issue of fees." When it comes to alternative fee arrangements, 50 per cent of corporate counsel who answered the survey said billable hours is the arrangement they currently have with their out- side firms, while 44 per cent said they have a combination of billable hours and flat fees. Alternative arrangements made up 5.9 per cent. "It's definitely a start," says Krebs. "What it may indicate is they have a higher level of satisfaction with their outside firms. I've heard GCs speak to a high level of dissat- isfaction that law firms aren't getting it — if you aren't seeing it is it a matter that the law firms aren't providing alternative arrangements or the purchasers aren't asking for it?" In terms of measuring the relationship between firms and in-house counsel, it seems taking stock of the relationship is still not a major priority with 81 per cent saying they had not completed a written, over-the-phone, or in-person satisfaction survey in the last 12 months. The good news is that the num- ber of no answers is down from 85.5 per cent last year but over- all doesn't say good things about law firms' communication with their clients. "I would also say that it is something that you should do at least on major items, after a transaction, or as an after action report so you know the lessons learned," says Krebs. "There's so much talk about knowledge management 44 N O VEMBER / D ECEMBER 2011 www. CANADIAN Lawyermag.com Yes, over the phone 4.1% Yes, written 6.2% TO COMPLETE A WRITTEN, OVER THE PHONE, OR IN-PERSON SATISFACTION SURVEY IN THE LAST 12 MONTHS? WITH CONTINUED UNCERTAINTY IN THE MARKET, IF THE ECONOMY DECLINES WILL YOU LOOK TO BRING MORE WORK IN-HOUSE? Yes 64% No 36% Yes, in-person 8.2% 81.4% No DO YOU INVOLVE YOUR PRIMARY LAW FIRM IN INTERNAL RISK-MANAGEMENT STRATEGIES? YES 17% NO 83% C ANADIAN L A W YE R 61% 23% 16%