Canadian Lawyer InHouse

Oct/Nov 2009

Legal news and trends for Canadian in-house counsel and c-suite executives

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"Many in-house legal departments are small, with only one or two law- yers," says Leanne Andree, president of the Canadian Corporate Counsel Association and an in-house lawyer at Sun Life Assurance Company of Canada. Sun Life has also ended its articling program of seconded students from Torys LLP. Andree, says in her capacity as CCCA president when this interview was con- ducted, she was not necessarily keen on encouraging companies to take on students at their in-house law depart- ments for the entire duration of the requisite articling obligation. Often the the United Steelworkers Union, articling students can get experience appearing before labour tribunals, arbitration, and even at the Supreme Court of Canada. Four former articling students are among the six lawyers currently with the Steelworkers' national legal team. "We are able to provide most of our students with more litigation oppor- tunities than I think most law firms can offer an articling student," says Mark Rowlinson, a counsel with the Steelworkers. "We try to make sure arti- cling students get exposed to as many areas as possible." The Steelworkers make a point of prioritizing applications from former articling students when a full-time posi- tion in its legal department opens up, he says. Grades and an interest in labour law are only part of the criteria taken into account for articling positions If there were more companies that were prepared to take on students, they'd certainly fi nd there are a lot of qualifi ed candidates. ROBYN MARTTILA, University of Western Ontario senior lawyers don't have time to provide mentorship and the scope of work can be limited. "The pros and cons would be similar to a student choosing to article at a family law boutique." Larger law firms "have natural mentorship available and there are associates at different levels" through which to develop camaraderie. "In-house departments tend not to have any lawyers at very junior levels." Therefore, a secondment through a law firm for a three-month stint at a client company is ideal, "to spend some time with a client's legal department gives stu- dents good insight into how the business runs, what the culture is, and can really foster a working relationship." This can be tremendously beneficial should the student get a position as a junior associate after graduation. Arguably some of the best articling opportunities can be with government and special interest organizations. At with the Steelworkers. "We look for life experience that demonstrates a com- mitment to the values and principles of the labour movement," says Rowlinson. "Ideally we're looking for candidates who have a commitment to advocating on behalf of equity-seeking groups." He suggests students seeking articling posi- tions volunteer with their school's legal aid clinic, demonstrating their commit- ment to equity. The Saskatchewan Government Insurance has a comprehensive program for articling students providing practi- cal experience. "The SGI legal depart- ment is very much a hands-on orga- nization," says Paul Demong, a lawyer with the government insurance team. "As we carry on business in Alberta, Saskatchewan, Manitoba, Ontario, and Prince Edward Island, we offer a broad range of litiga tion experience." While the province is a no-fault jurisdiction, residents have the oppor- tunity to elect tort in motor vehicle accidents and upwards of 70 per cent of Saskatchewan residents are insured through SGI. As well, the SGI's legal team is regularly called on for advice in related corporate and commercial matters, including contract review and statutory interpretation. SGI articling students are expect- ed to take on and manage their own complement of files, appear before the Automobile Injury Appeal Commission, attend chambers, Small Claims Court, mediations, and pretrial conferences, either with a senior counsel or on their own, depending on the matter. On the flipside, SGI also ensures its articling students get exposure to other types of work by enabling law firms to second them reciprocally for two months. "Because SGI's core business is insurance defence work, we make arrangements with a private law firm for our articling students to attend for a period of two months to pick up experi- ence in family law, wills and estates, and real estate," says Demong. The demand for young lawyers in Western Canada in 2008 left SGI without an articling student. The program has been revived for 2009 through 2011. "In addition, we anticipate that the articling student for the year 2010-11 will also spend two months with the Crown pros- ecutor's office to allow them an oppor- tunity to have hands-on experience in criminal prosecutions," says Demong. He's particularly proud of the SGI's ability to facilitate real litigation experi- ence for students. "The opportunity to attend at trial on litigation matters for those people in private practice, particularly in their younger years, has significantly dimin- ished over the years. As a result, and because SGI is civil litigation intensive, our articling students obtain a wealth of information in the litigation process," he says. "In our experience, our articling stu- dents have been quite impressed with the range of experience they obtain, and the opportunity to work hand-in- hand with senior counsel and indepen- dently on their own litigation files." IH INHOUSE OCTOBER 2009 • 39

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