Canadian Lawyer

example, McKenna says partner com- pensation is increasingly skewed at large American firms towards partners at the top end. Ratios routinely hit 10:1 for partner income at opposite ends of the scale, he says. "You've got partners with a smaller book of business who, if you look at the economics very carefully, are actu- ally supporting the stars. When you get While Dewey may be an extreme a spread that gets too great, you end up with a partnership within a partnership, says McKenna. "And if people come for money, they leave for money. There's no loyalty. " bonuses are not unusual in Canada where rainmakers are concerned, according to Cameron, who says that most "would be quite hesitant to pass on clients with- Guaranteed incomes or joining " YOUR CONCISE REFERENCE TO DEFAMATION LAW AND PRACTICE IN CANADA NEW PUBLICATION CANADIAN DEFAMATION LAW AND PRACTICE RANDY PEPPER, DAVID MORRITT, RANDALL STEPHENSON AND JORDAN ROSS A highly practical and easy to use guide, Canadian Defamation Law and Practice outlines the law and provides a practice guide for lawyers advising on defamation issues and engaged in defamation actions. For those involved in the media, communications, and advertising fields, it will also assist in recognizing areas of concern and help to avoid publishing defamatory materials. FIND EXACTLY WHAT YOU NEED QUICKLY This resource provides a clear analysis of the law as well as helpful practice tips and precedents. Topics covered include: The plaintiff and defendant, media defendants, defences, remedies, litigating a defamation action, contempt, the charter, and more. A chapter devoted to defamation and the Internet covers the area including recent developments concerning: when Internet service providers are liable for defamation; when anonymous posters can be unmasked; what new defences are available to media defendants; when a foreign party can be sued for defamation in Canada; and when increased damages are available for defamation. INCLUDES: Extensive Case Law: Primarily Canadian, with references to U.K. and U.S. law Commentary: Up-to-date commentary on the law Legislation: Includes defamation statutes across Canada Practice Aids and Checklists: Most sections of the book conclude with practice tips Forms and Precedents: Includes sample defamation notices and pleadings ORDER # 804553 $175 1 volume looseleaf supplemented book March 2012 Supplements invoiced separately 978-0-88804-553-9 Shipping and handling are extra. Price subject to change without notice and subject to applicable taxes. AVAILABLE RISK-FREE FOR 30 DAYS Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 Order online at www.carswell.com CANADA LAW BOOK® out some sort of guarantees." But in conservative Canada, where partner income ratios rarely top 5:1, the impact is reduced. But Christopher Sweeney, CEO of ZSA Legal Recruitment, says rainmakers have increasing influence at a time when corporate clients are placing their faith in a smaller group of trusted advisers. "Firms like to think clients come to them because of the brand and overall service. That is true, but increas- ingly, sophisticated corporate clients have specific relationships because of individual lawyers," he says. "That makes it critical that firms adequately reward their top lawyers." At Bull Housser, Margolis says the spread of equity partner earnings from top to bottom is 3:1, but that he's open to widening the gap. "Three-to-one is where we're currently at, but it doesn't mean it always has to be. We would have the capacity to get bigger than that, and if it's done correctly, I don't think it's a problem. If someone's doing all the right stuff, we all do better by that," he says. Margolis says the firm tries to avoid fine distinctions between individual partners by creating clear bands of part- ner pay with distinct entry qualifica- tions, and that the firm's size makes it easier. "We don't have hundreds of part- ners, so you can get a good feel for what people are doing, too many raised eyebrows." Shekhar Parmar, director of the " he says. "There aren't Calgary office at legal recruiter The Counsel Network, says Canadian firms may be particularly wary of overpaid rainmaking because of this country's own cautionary tale in the 2007 dis- solution of Goodman and Carr LLP. "That was a scenario in which some partners were cut pretty large cheques compared to their book size, The firm abandoned its lockstep partner compensation scheme, which rewarded lawyers based on their seniority, in the 1990s, and recruited a clutch of star per- formers, including some with high-paid special deals outside the equity partner- ship. "That kind of thinking can work out well, but you're taking a gamble. Sometimes things don't work out and you have to pay the house, " he says. " says Parmar. 32 JULY 2012 www. CANADIAN Lawyermag.com

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