Canadian Lawyer InHouse

INHOUSE www.canadianlawyermag.com/inhouse Group Publisher: Karen Lorimer karen.lorimer@thomsonreuters.com Editorial Director: Gail J. Cohen gail.cohen@thomsonreuters.com Editor: Jennifer Brown jen.brown@thomsonreuters.com Staff Writer: Michael McKiernan michael.mckiernan@thomsonreuters.com Copy Editor: Mallory Hendry Art Director: Bill Hunter Production Co-ordinator: Catherine Giles Advertising Sales Representatives Legal Suppliers: Kimberlee Pascoe Tel: (416) 649-8875 E-mail: kimberlee.pascoe@thomsonreuters.com Law Firms: Karen Lorimer Tel: (416) 649-9411 E-mail: karen.lorimer@thomsonreuters.com Grace So Tel: (416) 609-5838 E-mail: grace.so@thomsonreuters.com Sales Co-ordinator: Sandy Shutt Tel: (416) 649-8864 E-mail: sandra.shutt@thomsonreuters.com Canadian Lawyer InHouse is published 6 times a year by Thomson Reuters Canada Ltd., One Corporate Plaza 2075 Kennedy Rd., Toronto ON. M1T 3V4 (416) 298-5141. Fax : 416-649-7870 Web: www.canadianlawyermag.com/inhouse LinkedIn group: www.goo.gl/9tytr Editorial advisory board: Sanjeev Dhawan, Hydro One Networks Inc.; Kari Horn, Alberta Securities Commission; Jonathan Lau, TVO; Janis Vanderburgh, York Region Rapid Transit Corp. All rights reserved. Contents may not be reprinted without written permission. The opinions expressed in articles are not necessarily those of the publisher. Information presented is compiled from sources believed to be accurate, however, the publisher assumes no responsibility for errors or omissions. Canadian Lawyer InHouse disclaims any warranty as to the accuracy, completeness or currency of the contents of this publication and disclaims all liability in respect of the results of any action taken or not taken in reliance upon information in this publication. Publications Mail Agreement #40766500 ISSN 1921-9563 Copyright �� 2012 H.S.T. Registration #R121349799 Printed in Canada To subscribe or change addresses Call (416) 649-9926 Fax (416) 649-7870 or e-mail Ellen Alstein at ellen.alstein@thomsonreuters.com RETURN UNDELIVERABLE CANADIAN ADDRESS TO: CIRCULATION DEPARTMENT One Corporate Plaza 2075 Kennedy Rd., Toronto ON. M1T 3V4 Indexed in the Canadian Periodical Index E D I T O R ' s b o x By Jennifer Brown Shifting tide H istorically it���s been the norm for in-house counsel to bash the law firms they deal with when it comes to issues around billing or how they feel firm resources are managed on a file. Seminars and panel discussions at association functions for the in-house bar often feature in-house counsel telling tales of being billed too much for photocopies, junior lawyers, or any number of items they now consider off limits. But in two instances recently I witnessed how the tide is turning, at least with some progressive in-house counsel, who have decided the onus should really be on them to change the relationship with their law firms and they aren���t waiting for the firms to come to them with a magic prescription for alternative billing. It started with our annual Canadian Lawyer Corporate Counsel Survey results (see page 35). When I spoke with Kate Chisholm, GC with Capital Power in Calgary, and asked her if she thought it odd that 81 per cent of respondents said they had never been asked to participate in a client feedback survey she was blunt in saying no, but she doesn���t wait for her law firms to be in touch with her. In fact, Chisholm has initiated surveys herself with the top five firms she works with for the last 10 years. She says the surveys have become extremely valuable to her ��� beyond where most firms or general counsel might see the potential. ���I���m held accountable for the quality of the legal services the corporation gets so I���m interested even when they���re not, and my surveys are getting better and better,��� she told me. Her surveys are not just a way to highlight problems but also a way to improve good existing relationships. She also asks external lawyers about how Capital Power can become a better client and get better results. This speaks to a common desire to have law firms help general counsel achieve their own business goals. It should not be just about budgets ��� it���s about strategy. A piece of feedback Chisholm got from several firms a few years back was they wanted to know about the company���s strategy and where the business was heading. ���We took the time to invest in a workshop and I did find the advice that was coming to me after that was much less generic and much more geared toward our business specifically.��� The other example I witnessed was when I wrote about a panel of GCs who spoke at a Legal Marketing Association event in Toronto. An annual affair, the three lawyers on the panel were asked to discuss what they liked and disliked regarding their law firm relationships and how law firms approach requests for proposals. The general feedback from the audience and from some who read our story from the event was they were the same issues in-house has been talking about for years. Which means change is happening at a slow pace, but it begged the question: Who should really be pushing the agenda? Should in-house counsel ��� who ultimately sign off on the bills ��� be more pointed in their discussions and actions with their firms? Both Richard Susskind and Trevor Faure, author of the Smarter Legal Model, have been clear in their comments that in-house counsel have been lax in not pushing their own agendas. Perhaps it���s time for in-house counsel to look in the mirror before they criticize the actions of their law firms unless they���ve initiated some action themselves first. IH Send your news and story ideas to jen.brown@thomsonreuters.com ca na dia nl awy er m a g . c o m / i n h o u s E December 2012/January 2013 ��� 3

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