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w w w . C A N A D I A N L a w y e r m a g . c o m S E P T E M B E R 2 0 1 5 21 a real coup. And seeing her off to the bench is something the firm also consid- ers an honour, says Le Vay. But as soon as that call comes from the minister of Justice, the individual no longer picks up a pen as a lawyer. All effort is focused on making the transition out of the firm. And the hope, from the firm's point of view, is that the resulting impact is minimal. But there is always an impact. For Stock- woods, a litigation boutique, the call was well timed to come in between trials. In every situation, the priority becomes the client; to ensure their needs are met and issues are prioritized and any adjourn- ments that are required are requested. "The longer-term issue for the firm is always: Is the person covered?" adds Le Vay. "In Michal's case, we already had a number of people here practising crimi- nal law" who were able to rally, cover the immediate concerns, and also ensure the firm's future in that area remains strong. That, he says, is now being complemented by the addition of two strong criminal lawyers to the practice. While there is no list of rules for a firm, what is clear is what new appointees can't do: practise law. Their role in the few remaining days is to communicate the status of their files to those who take them over so new lawyers have a clear under- standing of the position of each client. And the principal is to ensure the client's interest is not compromised in any way. After a judicial appointment is made, the lawyers' files are the responsibility of the firm. "The bottom line is that these clients are clients of our law firm," adds Le Vay. And, much like Saskatchewan's Wal- lace Meschishnick, Stockwoods did know in advance the lawyers who were appointed were pursuing those positions. But each situation is different, and not all law firms have the luxury of advance notice. That secrecy, combined with the speed of the transition, can be something of a burden. "From the point of view of the law firm, it's a pain," says Paul Rabinovitch, managing partner at Barrie, Ont.-based HGR Graham Partners LLP, where Mary Vallee had a litigation prac- tice before being named as a judge to the Ontario Superior Court in 2013. An appointment is, of course, a nice feather in the cap of a firm, but its remain- ing lawyers are left shouldering the uncom- pleted work. The frustration stems from the lack of time the firm, and the lawyer being appointed, are allowed to hand off the files and the lack of support the firm receives to help with the transition. Generally, the process is quiet and quick. The lawyer is unlikely to reveal his or her interest in obtaining a position on the bench to anyone beyond those from whom they are seeking a refer- ence. Certainly, telling clients is out of the question. When the lawyer receives initial indication his or her application is likely to be successful, he or she cannot say anything until the appointment is for- mally announced. In Vallee's case, she had just a few days to clear out her office and review her files with another litigation partner, who then assigned some of those files to other litigators in the firm, taking on many himself. The replacement lawyers then had to spend several hours reviewing each file. The firm and/or the newly appointed judge then has to eat the cost for that time. "The process is not completely in the best interest of the remaining [part- ners of the] firm," says Rabinovitch. The clients themselves also see no benefit in losing their lawyer to the bench and some could be quite upset to have to suddenly deal with another lawyer. His firm with 33 lawyers was able to absorb the sud- den change, but a sole practitioner or a small practice could have quite a lot of difficulty. It seems that there would be a better way to handle it, "including having a bit more time to make the transition." Richard Neufeld's appointment to the Alberta Court of Queen's Bench as part of the many made in June also came as a sur- prise to his colleagues at Dentons Canada LLP. "It's something we're really proud of," says Rob Roth, the firm's Canada national managing partner and chief operating officer based in the Edmonton office. "It's one of the ways the firm gives back to the profession and the community. That's not to say it's not without challenges." Dentons has seen its share of appointments, and the experiences differ. Don Sommerfeldt's appointment to the Tax Court of Canada the previous month allowed the firm a little more time to make the transition when he left the Edmonton office. Roth says there is little guidance for firms, which identify the needs of the cli- ent as being key. And there is pressure on the individuals being appointed to ensure they are impartial as they make the tran- sition, follow the ethical and integrity guidelines, and have judicial indepen- dence. The transition is governed by the practices of the court to which the new judge or justice is appointed under the guidance of the chief justice of that court. The Ontario Courts of Justice Act provides principles for appointees, setting out "standards of excellence and integ- rity" to serve as guidelines for judges, and the Canadian Judicial Council's Ethi- cal Principles for Judges guide provides more detailed information for federally appointed judges. Neither is geared for the firm or the clients who are losing their lawyer to the process. In his office of about 90 lawyers in Edmonton, Roth has seen several appointments and suggests a large law office could expect to see one of its own appointed to the bench every two to five years. So it never hurts to prepare and include that as a possibility when the firm reviews its succession plan, which helps to prepare both for the retirement of a lawyer and in the event that he or she moves on or is appointed. When suc- cession planning is an explicit part of the compensation criteria, it minimizes the impact for the firm, says Roth. With Neufeld, previous planning and preparation, along with solid and obvious backup, helped to minimize the impact of his transition. The firm has also been moving toward a goals-and-objective process, allowing lawyers to outline what they want from their careers. And, similar to ambitions to become a judge, some lawyers are more open with that discus- sion than others. IT'S ONE OF THE WAYS THE FIRM GIVES BACK TO THE PROFESSION AND THE COMMUNITY. THAT'S NOT TO SAY IT'S NOT WITHOUT CHALLENGES. ROB ROTH, Dentons Canada LLP