Legal news and trends for Canadian in-house counsel and c-suite executives
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the lawyers in New Brunswick, it's just not something they'd have any familiar- ity with." When Desmond went to law school, they didn't teach an energy law course, but she always had an interest in litigation. "When I was a student I came from a social justice background and I got involved in a lot of litigation in private practice." In 1988, Desmond graduated from St. Thomas University in Fredericton, went on to Carleton University in Ottawa to earn her master's in social work, and then started law school at the University of New Brunswick, finish- ing both her LLB and LLM around the same time. She articled at what is now Cox & Palmer and was called to the bar in 1993. And in the late 1990s she did another master's in dispute resolution at Osgoode Hall Law School and got more involved in mediation and adjudication in private practice. In 2000, the energy board brought Desmond on as outside counsel; she even- tually became lead counsel for natural gas. In the 1990s, the board was small, but it expanded in the mid-2000s as did the issues to resolve. Ultimately the organiza- tion decided it didn't make sense to have outside counsel and hired Desmond as in-house. "I wasn't on the energy law track, so to speak," says Desmond. But her experience working with the board in private practice opened up an oppor- tunity. "You decide to take that opportu- nity or stay on another track, and it's a risk because you don't really know what you're getting into or if you're going to like it." Having been at the board since 2006, she knows she made the right decision. Desmond is the only lawyer on staff. While there are lawyers on the board itself, they're involved as panel mem- bers and decision makers, so it's her job to provide advice and counsel on any issues being put before the board. The Quebec/N.B. power deal, for example, has been a huge issue in Eastern Canada. "We have a role in electricity and we're waiting to see what the government does by way of legislation and how it's going to be changed or adapted." 44 • APRIL 2010 INHOUSE The board deals with a lot of techni- cal information and that learning curve has been the greatest challenge of the job. Desmond works with three or four advisers who have become experts in their fields; there's one on electricity, for example, who is familiar with the language and issues such as load fac- tor. "Really trying to wrap your mind around some of those concepts has been challenging," Desmond says. But it's also what she likes best about the job. "I like the fact I've learned so much," she says. "Having been in pri- vate practice for so long, you fall into a groove, doing your own thing. This really was a new opportunity and a change, and that learning curve has been rewarding." Because she's the only lawyer on staff, she gets a chance to be involved many different files, not just electricity or natural gas. "Thirteen years is a long time to be invested with one firm," says Desmond. "In private practice you've got a lot of your own clients and if you don't like your new job it's hard to go back — you've lost continuity with a lot of peo- ple. So it was a big decision at the time." But this doesn't mean she's isolated in her current role, in fact, she's anything but. Desmond is secretary-treasurer of the CBA's alternative dispute resolution sec- tion, which works toward raising aware- ness of ADR, and a sessional lecturer at the UNB Faculty of Law. She's also the editor of the Solicitor's Journal, an academic journal published for lawyers in N.B. Desmond recently became a mem- ber-at-large with the CBA's women lawyers forum, created to address the need for programs, plans, and systems to promote the stature and influence of women in the legal profession. "I work mostly with men, so it's nice to have that connection with what's going on in practice for women — what the options are in terms of developing an agenda and what action items we can accomplish in the next year," she says. The forum, for example, is looking to make international connections. This may include support for women who 60-SECOND SNAPSHOT THE LAWYER: Ellen Desmond THE COMPANY: New Brunswick Energy & Utilities Board Legal counsel with the N.B. Energy & Utilities Board since 2006. In pri- vate practice for previous 13 years. LLB and LLM from University of New Brunswick; with second LLM from Osgoode Hall Law School. Volunteers with the Canadian Bar Association's alternative dispute resolution section. Editor of the Solicitor's Journal. Member-at-large with the CBA's women lawyers forum helping to develop programs for women in the legal profession. Currently learning to play the violin along with her three children. have come to Canada and want to prac- tise law, but haven't been able to meet the requirements. Despite her busy schedule, Desmond says she is focused on her three kids, which is one reason why she bought herself a violin and decided to learn with them at school. Desmond is still learning — not just the violin, but energy law too. With the possible amendment of the Electricity Act, the board is looking at how that will affect its mandate going forward. "We're almost back to relearning what our role will be with the electricity sec- tor," she says. "That will be a challenge for 2010. It's really developing fast, with environmental concerns that people hadn't thought about 10 years ago. We're going to continue to see a lot of changes in the energy law field — just keeping abreast of those changes will be a challenge." With Desmond's track record, it seems she's up for that chal- lenge. IH