Canadian Lawyer InHouse

21 CANADIANLAWYERMAG.COM/INHOUSE SEPTEMBER 2017 O ne might view litigators as those on the front line of reacting to legal ac- tion as it hits an organization. But at Telus, Delbie Desharnais saw an opportunity for her litigation team to tackle risk before it came in the door. Desharnais is associate general counsel at Telus Corporation where she is head of the company's national litigation team. She is responsible for all of Telus' litigation matters across the country, overseeing all cases against the corporation, which include many highly publicized consumer class ac - tions. She's also responsible for the integra- tion of her national litigation team with the corporation's different business units for the evaluation and prevention of lawsuits. "Delbie has played and continues to play an instrumental role in fundamentally changing the way the corporation deals with its litigation matters," said Yves Mar - tineau, partner at Stikeman Elliott LLP, who nominated her for the award. "She adopts a hands-on, level-headed approach working efficiently and seamlessly with ex- ternal legal providers in fashioning creative winning strategies." Desharnais co-ordinates external counsel services across the country, ensuring that the proper external resources are in place for the successful resolution of matters. She is at the forefront of negotiations with Telus' providers, introducing and imple - menting alternative fee arrangements. The class action prevention program means that her litigation team now acts proactively in identifying potential risks and implications of upcoming corporate decisions, as well as in the prevention of li - tigious matters. "I believe a litigation team can play and should play a significant role not only in han- dling all litigation matters a corporation is facing and adapting good strategies but also at mitigating the reputational risks for the business and preventing litigation matters," says Desharnais. "I think we're often very well positioned because we work with so many different teams and different business units to see issues with fresh eyes and put forward creative and innovative thinking." To further Telus' prevention program, Desharnais negotiated with Telus' legal advisers to obtain advice with regard to po - tential class action suits and instigated "af- ter action reviews" to continuously improve Telus' practices. She encourages the litigation team mem- bers in providing risk mitigation recom- mendations. As a performance objective, the litigation team conducts the "after action re- views." As a result, the prevention program, the conclusion of added-value services and arrangements and creative litigation strate- gies, Telus has reduced the number of law- suits in which it is involved, successfully in- creased the management of its business risks and cut its litigation-related expenses. In some cases, Telus litigation team mem- bers have even acted as secret shoppers and made recommendations to improve training in retail environments. "It's a good way to have the team be pro- active and have a collaborative approach," says Desharnais. Telus litigation also involves its external counsel, in the area of class actions, for ex- ample. They offer "pro bono" advice having been involved and how to improve practices. "We include in our retainer not only the specific defence for the matter but having a more general view to improve our prac - tices," she says. "I find it really encourages our team to be proactive and have a level-headed approach with the internal teams and external teams. It contributes to a reduction in litigation matters that the corporation is facing and cuts the litigation-related expenses," says Desharnais. "Overall, I think it contributes to better mitigation of our risks." "The approach is in line with [the] cus - tomer-first philosophy at Telus," she says. "I find it's a good way to set the table for positive resolution of a matter and often salvage an important relationship with a customer." IH Category: Litigation Management Department size: Large Company: Telus Anticipating litigation before it happens By Jennifer Brown ROBIN KUNISKI Delbie Desharnais, associate general counsel, TELUS Corporation.

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