Legal news and trends for Canadian in-house counsel and c-suite executives
Issue link: https://digital.canadianlawyermag.com/i/50884
CLOSING • A roundup of legal department news and trends In-house counsel wait for legislative changes In-house lawyers are facing a number of federal and provincial legislative changes that will affect the way their companies con- duct business. These changes were addressed at the annual general meeting of the Canadian Corporate Counsel Association's Toronto chapter. Brian Wylynko, president of the CCCA's Toronto chapter, com- mented on two significant changes: new Ontario workplace violence rules and federal Competition Act changes. In terms of workplace violence, many changes under Bill 168 to the Occupational Health and Safety Act took effect June 15. It requires companies to be attentive to workplace violence and the potential for violence and undertake comprehensive due diligence in order to comply. Wylynko said the new law is relatively challenging for in-house counsel in terms of what they must do to achieve compliance. It forces companies to develop policies and programs to facili- tate reporting of workplace vio- lence; investigations of alleged incidents; emergency response procedures; dealing with possible threats; and developing means to communicate corporate poli- cies related to the new law to all levels of management. New federal changes to the Competition Act also require in-house counsel to revisit their legal approach. "If a business is entering into an agreement with a potential competitor, in-house lawyers have to be aware of these new provisions and really need to be mindful that their agreement is not fixing prices or dividing up the market in some fashion that could be in violation of the Competition Bureau," said Wylynko. Canadian Lawyer survey looks at in-house compensation The latest Canadian Lawyer compensation survey shows most in-house counsel received bonuses last year, with 69 per cent of in-house departments surveyed reporting they gave bonuses to their lawyers in 2009, while 31 per cent said they did not. The survey also revealed that median income for general counsel at the director level was $135,000, with the lowest reported annual income being $60,000 and the highest $300,000. Higher up the chain, general counsel at the executive level have a median income of $195,000, with the lowest reported salary being $60,000 and the highest standing at $900,000. Respondents were also asked if their company offered benefits, with an overwhelming majority of almost 96 per cent saying that they do. In addition, 67 per cent said their company offers other things like paying for profes- sional development, health club memberships, and other perks. There were 121 in-house law departments that participated in the Canadian Lawyer compensation survey. Of those, 37.2 per cent had an average legal spend under $500,000; 25.6 per cent had a spend between $500,000 and $1 million; 14.9 per cent between $1 million to $2 million; 12.4 per cent between $2 million and $5 million; 4.1 per cent between $5 million and $10 million; and 5.8 per cent had a legal spend of more than $10 million in 2009. The respondents represented many sectors includ- ing government (municipal, regional, provincial, federal, and First Nations — including boards and tribunals); financial; industrial/manufacturing; resource-based; service; technology; and non-profits. IN-HOUSE SENIOR COUNSEL COMPENSATION NATIONAL (Sample size: 121) General counsel at director level General counsel at executive level Median $135,000 $195,000 Lowest $60,000 $60,000 Highest $300,000 $900,000 IN-HOUSE COUNSEL AVERAGE COMPENSATION NATIONAL (Sample size: 121) Year of call 2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 and before Median $85,000 $80,000 $85,000 $90,000 $95,000 $110,000 $100,000 $110,000 $120,000 $140,000 Lowest $40,000 $46,000 $58,000 $60,000 $60,400 $60,700 $61,200 $62,000 $62,000 $80,000 Highest $110,000 $145,000 $108,000 $143,000 $155,000 $151,500 $250,000 $225,000 $200,000 $275,000 INHOUSE OCTOBER 2010 • 45