Canadian Lawyer

January 2018

The most widely read magazine for Canadian lawyers

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28 J A N U A R Y 2 0 1 8 w w w . C A N A D I A N L a w y e r m a g . c o m where they want to work. That's the goal." At Fasken's new Victoria Square offices, the walls near the building periphery are made of glass to allow an unimpeded flow of sunlight. The firm also organized its physical space vertically in a way that encouraged staff to leave their departmen- tal bubbles, with a central stairway pro- viding access to unique common spaces on each of the firm's floors: a cafeteria on the 34th, conference rooms on the 35th, a lounge on the 36th and the library on the 37th. But Bédard and his colleagues made a more traditional choice when it came to lawyers' actual work spaces. In this regard, he tells me, a big part of his decision came down to personal impressions of profes- sional offices he'd visited where the walls had been taken down. "I saw a lot of disorder," he tells me. "In some cases, it was kind of a mess. Also, I noticed that a lot of the people were wear- ing headsets — including the big ones that block out noise — to help them concen- trate. They would be sitting there with two computer screens in front of them, totally isolated. I'm not sure that is really helping collaboration." The design that Fasken adopted was a hybrid: physically compartmentalized but visually open plan. Modestly sized 120-square-foot lawyers' offices encased by glass are situated on both sides of the corridors that form horseshoe patterns along the perimeter of each floor. The assistants are clustered in open areas at the corners of the building. According to Bédard, the layout gives his colleagues plenty of opportunities to collaborate since the transparent walls provide a sense of collegial accessibility. But they also allow them to hunker down on a lengthy confer- ence call or plow through a thorny project that requires intense concentration. T he term "open concept" arouses strong feelings in many of us. To some traditionalists, it connotes a lack of privacy or a faddish nod to the esthetics of Silicon Valley. Drew and Jona- than Scott, the telegenic identical twins who host Property Brothers, report that a fan once chased them down a street in New York yelling "Open concept sucks!" But, ultimately, a law firm's most valu- able asset is its human capital. And firms that do not adjust their operations to the expectations of young lawyers will have difficulty recruiting the best talent. Moreover, as clients become increas- ingly aggressive in negotiating fees down- ward, law firms are feeling pressure to lower costs. In most cases, real estate is a firm's second-largest expense category, after labour. Trish Callon, senior vice president and general counsel for Sun Life Financial Canada, told me that one of the reasons her legal team adopted an open-concept, hot-desk model at its new One York St. offices in Toronto was data showing that workers usually spend only about 70 per cent of an average workday in their offices. The rest of the time, when they are on discoveries, meeting with colleagues, sick, grabbing lunch or coffee or on vacation, Sun Life is paying rent on unused space. A hot-desk model allowed the firm to create desk space for the number of lawyers who Good governance starts here Available risk-free for 30 days Order online: store.thomsonreuters.ca Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 Order # 988060-65203 $80 Softcover approx. 180 pages September 2017 978-0-7798-8060-7 Shipping and handling are extra. Price(s) subject to change without notice and subject to applicable taxes. All companies compete in an environment where good governance is a business imperative. Yet many private companies, especially those with few shareholders, lack effective governance structures. Private Company Governance Guide offers the information you need to help your clients implement governance best practices, understand their rights and obligations, and resolve issues effectively. Private Company Governance Guide outlines the legal framework of corporate governance, the roles and responsibilities of directors and management, the relationship between board and management, the statutory and contractual rights of shareholders, the impact of a unanimous shareholder agreement, and the remedies available to shareholders. You'll find thoughtful discussion of the governance best practices that will help directors fulfil their duties and make management more accountable. Get new insight on how to handle governance issues – and how to prevent them. Turn to Private Company Governance Guide for legal insight and practical guidance on the best practices that will help private companies proactively manage governance issues and achieve long-term sustainability. New Publication Private Company Governance Guide A. Paul Mahaffy, B.A. (Hons.), LL.B., M.B.A., F.I.C.B. © 2017 Thomson Reuters Canada Limited 00247PP-A89115-NP

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