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By Mike Bowerbank of Topics
Dr Janet James, PhD, sums up ourfast-paced world with this eye-pop-
ping fact: the average person now re-ceives more than 400 times more infor-mation every day than the Renaissanceman, using the same-sized brain. Whilethe average person receives about 3,000messages per day, the retention rate ofthose messages is less than 5%.
People are so bombarded with infor-mation that attention spans have shrunk inorder to process as much of it as possible.This also means that rushed business peo-ple have less time to notice and retain ad-vertising, including the ones you sponsor.
Our society seems saturated with ad-vertising, billboards and logos, to thepoint where most are barely noticed.Think about the last time you read anewspaper: 60% of newspaper space isadvertising, but I’ll bet you didn’t spend60% of your reading time looking at ad-vertising. You probably ignored most ofthe ads. Are your prospective clients ig-noring your firm’s ads?
VANDALIZING YOUR YELLOW PAGESMeeting a prospect in person is still
the best idea, but with many firms, youcan’t possibly meet them all, which iswhy we have to advertise as well as net-work. Most legal ads, however, fall shortof their potential.
Law firms have among the worst ad-
Fall 2009 � BC Legal Management Association � www.BCLMA.org � Member Services: [email protected]
ARE YOU PAYING FOR ADVERTISING THAT’S IGNORED?
Time to look at yourfirm’s ads in the sameway potential clients do
By Connie Fenyo, President, Dye & Durham
When the BC Legal ManagementAssociation contacted me about
contributing an article to Topics aboutthe recent change in our company, Iwas delighted.
Dye & Durham has enjoyed a long-standing relationship with the BCLMAand, over the years, I have had the priv-ilege and pleasure of getting to knowmost of its members personally. Topics,therefore, is a wonderful forum to getinto the detail of the acquisition andwhat it means for the future.
HOW IT ALL BEGANI acquired 100% of the shares of Dye
& Durham’s western operationsthrough a managed buyout last Novem-ber, after a great deal of consideration.
As the company’s vice-president andgeneral manager for the previous nine
years, I was alreadyfamiliar with thecustomers, employ-ees and industry.
Throughout mytenure in this posi-tion, I recognizedthe potential of thiscompany and itsvalue to the legal in-dustry as a whole. The future lookedbright when we began acquisition negotiations.
However, as talks progressed, the de-scent of the real estate market hastened,credit tightened and the economic cli-mate contracted. An icy sensation creptinto my feet. I had to think long andhard about whether I still wanted to gothrough with the deal, knowing the roadahead would be trying, particularly inthe near term.
TopicsA newsletter to help our members and partners stay current with the business of law � Fall 2009
TopicsB C L e g a l M a n a g e m e n t A s s o c i a t i o n
The future of D&D � to Page 9Prospects and advertising � to Page 2
Can you solvethis trouble?See Paula
Butler’s latestHR case
challenge,Peter’s Anger,
on page 4
Dye & Durham, founded in 1874, eight years before the incorporation of Vancouver itself, has remained a
purveyor of timely and accurate information for well over a century. D&D ranks as the largest, most
comprehensive provider of registry services in British Columbia, with more than 200 employees working
out of four locations. The firm’s remarkable longevity is credited to its dedication to the province’s legal
industry and its community. No firm can be staid and survive so long. In the wake of some recent, significant man-
agement changes, D&D is now at a pivotal point in its evolution. The new owner and president, Connie Fenyo,
tells us in this guest article it’s moving toward a future in which tradition and innovation are complementary terms.
Connie Fenyo
The future of Dye & Durham, in new hands,is reworked to deal with the new economy
vertisements in the business world. Grabyour nearest copy of the Yellow Pages andlook up “Lawyers.” Take a good look atthe ads there. How many gavels, scales ofjustice and bookcases do you see? Howmany serious-looking people do you seesitting on or around desks like they arechannelling Paul Drake? Every legalcliché you can imagine usually appears inthese ads.
This next exercise demonstrates thesingle, biggest problem with legal adver-tising: Cut out all the Lawyer ads in theYellow Pages and cover up or remove thefirm name and logo. Mix them up. See ifyou can guess which firm posted whichad. Chances are you cannot, yet if youdid the same for many other industries,you probably could.
You’d know a McDonald’s ad from aBurger King ad just by reading the copy.You’d probably know those Spence Dia-mond or Alarm Force radio ads any-where, even if the voice-overs spoke a dif-
ferent language. Successfully brandedcompanies use distinct terms, phrases andconcepts that differentiate themselvesfrom the rest of the pack. Most law firms,however, do not. Instead, they use head-lines and body copy that any other firmcould use—which is why most of the adsfor lawyers look and feel the same.
If you, as a consumer, had to look fora personal-injury lawyer, for example, doyou think your priority would be howlong a firm has been in business? Yet theads of several firms start with the head-line “50 Years Experience” or “35 Yearsin Business” or “More than 500 lawyersin All Areas of Practice.”
But as a potential client, you are prob-ably looking for a headline that readssomething like, “The Road to RecoveryIncludes Choosing the Right Lawyer” or“The Whole Medical-Legal Package forYour Personal-Injury Claim.”
The first three headlines are all aboutthe firm; the pair that followed are allabout you, the potential consumer. The
second pair of headlines shows that thelaw firm appears to better understand theneeds of their clients.
Now take a look at the last few adsyour firm published. How many of themare about your firm? How many showhow you can directly benefit your targetaudience? If your ads don’t resonate withthe reader (a.k.a. “potential client”), theywill have little effect.
DON’T BE COMPETITIVE – BE BETTERWhen I talk about marketing to
lawyers and administrators, they oftenuse the same cringe-inducing word to de-scribe their firm: competitive. I so dislikethat word because what it really means isaverage.
A competitive firm is, essentially, notmuch different from any other. If that isthe case, how can you attract the clientsof other firms to your firm when they caneasily stick with the devil they know?
Coca-Cola is the premier soft drink
Fall 2009 � BC Legal Management Association � www.BCLMA.org � Member Services: [email protected]
Topics 2
Prospects and Advertising � to Page 3
Prospects and Advertising � from Page 1
and beverage company in the world be-cause it doesn’t think of itself as beingcompetitive. Pepsi will always be viewedas second tier until it stops comparing it-self with Coke.
If you constantly compare your orga-nization to the market leader, you actual-ly promote your competitor as much asyour own firm every time you advertise.Be a leader, innovator and a trend-setter.What makes your firm better than the999 other firms that offer the same ser-vices you do? What is your advantage?
As advertising legend Bill Bernbachsaid, “You can say the right thing about aproduct and nobody will listen. You’vegot to say it in such a way that people willfeel it in their gut. Because if they don’tfeel it, nothing will happen.” Brochuresshouldn’t be a cure for insomnia.
Your clients don’t really care aboutyour expensive logo so don’t put it on thefront page of your brochure. (It doesn’tbelong there anyway!) It’s nice that youhave a great brand, but your potentialclients need to immediately identifywhat’s in it for them.
About 80% of people will not open abrochure unless it provides a prime bene-fit or a compelling reason on the frontcover. You have to get their attentionwith an emotional appeal, a provocativequestion, or a benefit statement.
Your firm’s name probably belongsdown at the bottom of the front cover,not on top, and your logo should go onthe back along with the firm’s name andits contact information.
Your brochure doesn’t have to be aliterary masterpiece; keep it short, com-pelling, easy to read; avoid the use of jar-
gon wherever possible. Draw a direct(head)line from their heart to their wallet.
The father of modern advertising,David Ogilvy, figured that, on average,five times as many people read the head-line as read the body copy. He conclud-ed, “When you have written your head-line, you have spent eighty cents out ofyour marketing dollar.”
Make sure your headline grabs yourtarget’s interest. Showcase your expertisein a given field, but make the headline in-teresting. You won’t grab their attentionwith a dull, self-evident headline.
A perfect example of a great headlinecomes from the American Floral Market-ing Council which once ran an ad, whichlater became famous, that showed threebouquets of flowers. One was a singlerose in a slim vase, another was a dozen
Fall 2009 � BC Legal Management Association � www.BCLMA.org � Member Services: [email protected]
Topics 3Prospects and Advertising � from Page 2
If the CRA isintrigued withthe revenuesplit of yourflow-throughshares, maybethe best personto talk to themisn’t youraccountant.
She was much happier after wetalked to her former boss onher behalf about how she cameto be laid off, and her younger,buxom colleague wasn’t.
Dewey, Protectum & HoweTax Lawyers
to the Rich & Infamous
Phone: 1.800.555.1212 - 24/7www.DewProHow.com
Dewey, Protectum & HoweEmployment Lawyers to the Justly Outraged
Phone: 1.800.555.1212 - 24/7www.DewProHow.com
Above are two improvised examples of ads that ‘speak’ to a prospective client, showing how a law firm appeals to their needs. There are only threeparts to each ad: an identifiable image for the prospect class; a headline that connects the image to the class’s need; and, info the prospect requiresabout the law firm to fulfill the implied call to action. Note the firm also reaffirms the class in its changable slogan, tieing all the components together.
Prospects and Advertising � to Page 5
By Paula Butler, Lawyer
Here’s the case we posed to you last issue, followed by a re-sponse from within the BCLMA. On the right is a new sce-nario for you to judge, followed by instructions on how to
let us know what you would do in that situation. Bonus! A respondent will be randomly chosen to receive a $25
gift certificate to Chevron. Note that your response remains 100%anonymous unless you attach your E-Business Signature with yourtext.
Even if you identify yourself to us to be entered into the draw,your participation will remain anonymous to our readers. We won’tpublish your name, neither as a respondent nor as a winner.
Paula Butler is a sole practitioner who specializes in labour andemployment law from her office in West Vancouver.
The case of Gillian’s reference
Gillian started working as a paralegal at Hamilton, Johnson &Finch in November 2008. For a few months, her work is com-
mendable and she seems to be fitting in with co-workers, but itsoon becomes clear that Gillian may be a problem.
She is a slowworker with littlemotivation, shemakes many mis-takes, and she seemsto upset her co-workers by makingunkind and criticalcomments on afrequent basis.However, Gillianis not given a per-
formance appraisal, nor does anyone talk to her about her ongo-ing conflict with co-workers.
One day, Bill, one of the lawyers with whom she works,bursts into your office and says, “I can’t take it anymore— youhave got to get rid of Gillian.” This sentiment is then echoed bya number of other people.
As the Director of Administration, you make the decisionthat Gillian should be fired, but as there have been no warnings,her employment is terminated without cause, and she is neverspecifically told why the firm made the decision.
Then you get a call from another firm in town, asking you fora reference for Gillian. What do you say?
RESPONSE FROM BCLMA MEMBERS: I would only confirm that
Gillian worked at my firm and provide the dates of her employment. Aren’t I
Fall 2009 � BC Legal Management Association � www.BCLMA.org � Member Services: [email protected]
Topics 4
OUR NEW SCENARIO – TELL US WHAT YOU’D DO IN:
THE CASE OF PETER’S ANGER
Peter has worked as a lawyer at Whittaker, Sturgeon for12 years. Over the last year, his behaviour has changed.
Sometimes he is loud and irritable, working 16-hour daysfor long periods. Then he becomeswithdrawn and quiet for other peri-ods, then misses work. As the Hu-man Resources Manager, you’vehad complaints about Peter’s loudphases. He disrupts others, and isrude at times. You are also awarethat there have been client com-plaints recently as he has missedmeetings and important deadlines.
You decide that you need to havea discussion with Peter to see what isgoing on, and to suggest he considerthe employee assistance plan to helphim with whatever is going on in hislife. The meeting goes badly. He tellsyou that he is perfectly fine, and thatit is none of your business what is going on in his life. Youdecide to leave him alone and hope that the situation im-proves.
Today, within half an hour of arriving at the office, Peterstarts screaming at his paralegal, and sweeps files off hisdesk. Then he throws a mug of coffee at the mail-roomclerk.
What do you do?
HOW TO BE OUR JUDGETO RESPOND: WWW.BCLMA.ORG
This feature of TOPICS, compiled by Vancouver lawyer Paula Butler,
is designed to get you thinking about workplace scenarios that might
happen – or have happened – to you.
Read the case above, aimed at challenging your management ability.
Then, click on the BCLMA domain below to go directly to the website.
On the home page, click on the Respond to Topics Scenario
button to arrive at the You Be The Judge response form. Describe how
you would answer the question at the end of the scenario. Submis-
sions are 100% anonymous. Neither sender’s name
nor the firm’s name will be revealed to the editors –
only your response. Next edition, we’ll print a selection of your
anonymous responses – and provide a new scenario.
��
The Case of the Gillian’s reference � to Page 5
YOU BE THE JUDGE
mixed flowers in a nice vase and the lastwas a large bouquet in a very large vase.
If the headline was written by a lawfirm, it might have read, “We have alarge variety of flowers and assortmentsto fit every budget and occasion.” That’sall true, but it is hardly memorable.
The headline the AFMC actually usedwas “Exactly how mad is she?”
THE CEMETERY OF IDEASDavid Ogilvy said that much of the
messy advertising you see is the productof committees. Committees, he says, cancriticize advertisements, but they shouldnever create them.
Committees, the old saw says, are wheregood ideas go to die. This is quite probablythe reason so many bad ads emerge fromthe legal world. Try to keep the creativeprocess in as few hands as possible.
If you use an ad agency, let them dotheir job; resist the temptation to waterdown or clutter up the result. Lawyerswould be appalled if their written legal briefswere edited and watered down by theirclients, yet they are quick to do the samewith the work of creative professionals.
MAKING IT ALL ‘AD’ UPKnowing the demographics of your
target markets is important. It tells youwho is buying your firm’s services. But doyou know their psychographics, whichtells you why they buy? More important-ly, does your marketing committee know?
Advertising is expensive and you want asmuch return on investment as possible. Toensure you get the most bang for your buck,make every ad cover three basic areas: whatyou do, how that directly benefits the poten-tial client who sees it, and how that personcan contact you to get that benefit.
Showcasing your experience and ex-pertise is essential, of course, but remem-ber that other firms pursue exactly thesame strategy. Find your unique advan-tage, your specific business edge, your“ace in the hole”, and let your clientsknow that they can directly benefit fromit. That is a message they can’t possiblyignore.
Fall 2009 � BC Legal Management Association � www.BCLMA.org � Member Services: [email protected]
Topics 5Prospects and Advertising � from Page 3
prohibited from providing references in this new
day and age of Privacy, anyway? Plus, I’m
afraid of being sued!
Hi, this is Paula. You raise a number of good issues
that highlight the need for employercaution in this area. To begin with, toalleviate privacy concerns, ensure thatthe person you are speaking to is whothey say they are. You can request theprospective employer to send you a con-sent form signed by the former employ-ee allowing your company to provide areference.
You are right that references can bea potential source of liability for employ-ers. A reference that is critical of an em-ployee can be defamatory, and if the in-formation provided by an employer isbased on negligently collected informa-tion, the employer may be liable fornegligent misrepresentation. In addi-tion, if an employer has intentionallysuppressed damaging information andthe new employer relies on the mislead-ing reference, the former may be liablefor fraudulent misrepresentation.
However, it is important to note thatthese cases are rare in Canada. As well,if you have given the reference in goodfaith, based on accurate information,you can limit your exposure to suchclaims.
Take the following precautions whenyou give references:� Implement a policy that stipulates
that all refer-ence requestsare directed toone person whoeither providesthe reference orauthorizes thegiving of a refer-ence by some-one else;
� Ensure that thereference pro-vided is docu-mented and filed;
� Ensure that negative references aresupported by evidence of facts justify-ing the negative comments. Thisshould include referring to recentcomments on performance evalua-tions or letters provided to the em-ployee;
� Avoid subjective comments or opin-ions such as, “She was late all thetime because she was out every nightpartying.” Better to say, “She wasfrequently late,” or “She was late onapproximately 14 occasions in thelast year.”In the present case, as nothing has
been documented with the employee,you will want to be very careful in whatyou tell a prospective employer.
You could also simply confirm heremployment with the firm, and provideno further details.
Don’t forget to have a look at our latest HR
challenge, on page 4, “The case of Peter’s anger.”
Paula Butler
Gillian’s reference � from Page 4
By Michael J. Anderson, Principal,Innovative Consulting Ltd.
Our career as consultants and advisorsto the legal profession brings us into
contact with literally thousands of man-aging partners throughout North Ameri-ca. Over the years, we have observed cer-tain characteristics the most successfulmanagers have in common.
People say that you love what you ex-cel at. The most striking characteristic ofthe most successful managing partners isthat they love what they do. They seemto follow the dictum of motivationalspeaker Harvey McKay, “Do what youlove, love what you do, and deliver morethan you promised.”
Good leaders genuinely look forwardto going to the office every day. Their en-thusiasm infects and energizes their col-leagues and their staff. They take an au-thentic interest in the careers, welfareand families of their partners and staff,and inspire feelings of loyalty and satis-faction. Loving what they do, they arewilling to do what it takes to acquire andimprove the skills and techniques the artof management demands.
THE VISIONARY THINGA select few leaders have The Vision
Thing. “It was just a fantasy, really,” ishow one, now retired, Managing Partnerdescribed his dream of expanding histhree-man partnership into the largestfirm in his city. “We knew that if wewanted to attract the type of clients andwork that interested us, we would haveto grow.”
He had a clear vision of how theywould do it: they set out to attract thebest young lawyers in town by offeringthem more money than the larger, estab-lished firms offered, willingly sharing in-teresting files and clients, and offering anenticing vision of their future inside thefirm. This firm became and remains one
of the largest in thecountry.
The necessity of aclear vision is so ob-vious, we are reluc-tant to state it, andyet we are constant-ly surprised at howmany managers ei-ther don’t have it, orcan’t articulate it —
which is just as deadly. Being a visionaryis an almost impossible role. How manypeople like Martin Luther King or JohnF. Kennedy do we know? Not many.
Our friend, Patrick McKenna, likes tocompare the vision thing to Moses com-ing down from the mountain with thestone tablets and saying, “Here is theWord of God, now you should get excit-ed!” A very tough role to pull off.
The reverse is more likely with mostleaders being consumed by the exigenciesof the moment and the firm lumbers onby feeding off the growth of its clients. As
Carpenter Group manager David Mastersays, “A manager must have a longer-term outlook than that of the people be-ing managed.”
The working environment of a firmwith an exciting vision of the future differsgreatly from the ones that do not. Youcan sense the atmosphere as soon as youenter the reception area. There is a dis-tinctively crisp and friendly manner. It isa sure indication that the firm’s manage-ment knows where it wants to go, andthat everyone has joined in on that vision.
TEAM BUILDERS ‘R’ USOf course, in a partnership, the real-
ization of the vision requires a shared andcollaborative effort, and so the ManagingPartner must be a consensus builder.
This is a talent that some lawyers havewhen they’re born, that some develop asa requirement of their practice and thatsome learn the hard way.
This skill seems to be inherent in thebest managing partners but, as usual, thepeople who are good at something staygood because they keep practicing it and,as with anything done by people who arethe best at what they do, they make itlook easy. But even the best managers
Fall 2009 � BC Legal Management Association � www.BCLMA.org � Member Services: [email protected]
Topics 6WHAT TRAITS MAKE THE BEST LAW-FIRM LEADERS
Law-firm leaders have the ‘vision thing’,but that’s just part of their success
THE FIRM
GRAH
AMM
ORGA
N©
200
9
i know the economy’s bad,
but i’m not much likingour managing partner’s‘agressive new vision’...
Best Law-Firm Leaders � to Page 7
Michael Anderson
will find that keeping everyone going inthe same direction can be overwhelming,and they will not be afraid to enlist out-side help to restore harmony of purpose.
One professional we work with toldus, “When it feels like I’m herding cats, Iknow we need a retreat.”
COMMUNICATOR & MOTIVATORPart of building a consensus is that
great leaders are also often great commu-nicators. They make sure everyoneknows what is going on and have a sin-cere feeling of “being in on things.” Thishelps to negate fear, builds collegialityand helps to generate great, new or alter-native ideas from those who allow themanaging partner to lead.
Part of their collaborative approach istheir commitment to “management bywalking around” as management consul-tant Tom Peters advised us all manyyears ago.
Leaders know that the best ideas areoften voiced in one-on-one conversations,and that motivation comes from simplequestions like, “What are you working onand how can I help?” They know that fora firm to achieve its goals, the individualswho make up the firm must also achievetheir personal goals. All good managingpartners know that they must criticize inprivate and praise in public. In fact, mostof them continually share or give creditaway to others for successes they havedriven.
Note the difference between “manage-ment by walking around” and micro-managing, which is an enervating andcounterproductive technique.
ASSIGN OF THE TIMESGreat managing partners have the
ability to recognize the skills of the peoplethey manage. They recognize whensomeone is ready to take on a new chal-lenge and, additionally, has the capacityand ability to handle particular stretchinggoals. Having that skill allows them todelegate effectively.
Because the managing partner’s role isoften too big for one person to handle inthe most meaningful way, good leadersknow how to delegate some management
tasks to non-lawyers, associates and partners.
They usually are also very good at del-egating clients and files and then, moreimportantly, getting the most out of all oftheir people. Part of their “managementby walking around” includes following-uptasks, files and clients that they have dele-gated to others. Once they have delegat-ed something, they are always availableto discuss the ongoing progress, problemsand solutions.
LISTENING IS SOUNDDean Rusk, the former United States
Secretary of State, once said, “One of thebest ways to persuade others is with yourears—by listening to them.”
Some lawyers will never understandthe concept of active listening, which is theability to listen, play back the discussionand confirm the next course of action.The best managing partners excel at it.
Seldom do you hear of someone walk-ing away from a meeting muttering, “I’mnot sure what he means by that.” Theyare clear and concise.
LAUGH AT YOURSELF, NOT OTHERSPersonal traits among the best manag-
ing partners we have witnessed would in-clude a good sense of humour. In fact,their “war stories” are usually aboutsomething they screwed up in the past.Real leaders can laugh at themselves.
POSITIVE IS AS POSITIVE DOESThe best managing partners exhibit a
positive mental attitude. Great leaderswill take something positive from everyadversity. They can always put an opti-mistic spin on things, which is often somuch more constructive than the criticalor even analytical approach of manylawyers. Their optimism spreadsthroughout the organization, and canboost morale.
HONESTLY, THEY AREI have consulted with firms (not many,
thankfully!) where an almost palpable at-mosphere of cynicism and even fear per-vades the atmosphere.The source couldbe traced to the inability of the managing
partner to be forthright and open in hisrelationships.
When a managing partner is open,honest and transparent, they create an at-mosphere of trust within the firm.
NO FEAR EQUALS NO QUOThe best leaders are invariably fear-
less. They accepted their current positionto do something—not for something todo. They take no pride in managing thestatus quo. They are there to make thingshappen.
ACCOUNTABLE, O PILOTAlmost always, the great leaders pilot
by example. The faith and trust thatgood leaders build within their firm be-comes the reward for the example thatthey show in their honest dealings, fear-less decision-making and dedicated efforts.
INNOVATORThe most successful managing part-
ners are innovators, they are changeleaders, they welcome new ideas and newconcepts in management techniques, inthe firm’s practice areas, in technologyand even opportunities outside of the tra-ditional law firm.
Leaders keep abreast of new ways ofdoing things, and encourage creativityand innovation from everyone in theirfirm. Some even employ staff who arededicated to researching new ideas, tech-niques and technologies.
DECISIVE & COMMITTEDThe best leaders are decisive. Whether
faced with tough decisions involving thecareers and lives of partners, associates orstaff, or whether they are challenging de-cisions that, if wrong, could be costly,they will make their decisions and live bythem. Former US president Harry Tru-man once said, “Just make a decision. Ifit’s wrong, then make another decision.”
At some point in their lives theylearned—sometimes at great cost—that in-decisiveness and procrastination are invari-ably more damaging and debilitating thana wrong decision (at least you can learn
Fall 2009 � BC Legal Management Association � www.BCLMA.org � Member Services: [email protected]
Topics 7
Best Law-Firm Leaders � to Page 16
Fall 2009 � BC Legal Management Association � www.BCLMA.org � Member Services: [email protected]
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The agreement proposed would severD&D from its former parent company,The Cartwright Group, and establish afree-standing firm, wholly BC-owned andoperated and with absolute autonomy.
In the end, as with most decisions, itcame down to a cost-benefit analysis. Iknew full-well D&D had a solid founda-tion. Its viability and potential for successas a stand-alone was never in doubt.
My only lingering concerns during thefinal stages of the acquisition processwere based on how it might affect ourclients and our staff. The fact that fewfrom either group even noticed the tran-sition is a testament to the professional-ism of our management team.
With the deal signed, the BC OfficeProducts division was subsequently soldto Mills Basics on the condition that Millshire the two D&D office products ac-count executives. Dye & Durham Corpo-ration then emerged as a pure service en-
tity, focused solely on providing informa-tion and legal support services.
This was the vision I had for Dye &Durham for some time and, having se-cured independence, the next step was toconduct a sweeping, comprehensive auditinternally of our business practices andofferings of legal-support services.
We found our primary systems to befundamentally solid but, in some cases,
overdue for an efficiency upgrade. Ourreview also led us to some additionalstructural reorganization, whereby wepositioned our practice areas for morestreamlined interaction and internal re-liance. For example, management by ge-ography, as a result of government e-ini-tiatives, had become less relevant to ourcustomers and staff, with both groups re-
Fall 2009 � BC Legal Management Association � www.BCLMA.org � Member Services: [email protected]
Topics 9
The Future of D&D � to Page 10
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quiring more emphasis on the specifics ofeach practice-support area than on its location.
CONCERNS & CONSIDERATIONSMany of the challenges we faced were
not merely a result of our new-found sta-tus as an independent operation, butarose from the uncertainty brought on byan economic downturn that may or maynot reverse itself.
Dye & Durham undertook a best-practices review and subsequently formu-lated a strategic business plan that takesinto account the internal and external re-alities which affect our business.
It was critical for us to formulate anoperating plan that produced maximumefficiency and minimum expenditure,with absolutely no sacrifice to our com-mitments of service levels.
We had some distinct challenges, butmy discussions with several Topics readersrevealed significant common ground, including:� Financial concerns: The prevailing eco-
nomic climate resulted in collections is-sues intensifying as clients have lessability to pay. Law firms currently facecash-management concerns as rev-enues shrink. Administrators arecaught in the middle—helping part-ners deal with financial concerns whilemaintaining service levels with de-creased administrative staffing support.
� Cost containment: Even in robust eco-nomic conditions, law firms and theiradministrators scramble to regainmarket share, and retain clients whileoperating profitably. These effortshave led to major cost-control initia-tives, with firms reducing their staffcounts, resulting in major strains onlaw firm administrative resources.
� Business development & revenue enhance-
ment: Administrators need to educatetheir associates and partners on howto develop new business with the ac-knowledgement and confirmation thatthese endeavours may not pay off untilmuch later down the road.
� Maintaining morale: The challenge is to
keep staff productive and content, per-haps how to provide new benefits foremployees who are retained after adown-sizing but required to assumeadditional responsibilities for the sameor less pay.
� Changing client demands: We are in theearly stages of a shift in the traditionalcost-and-delivery model for legal ser-
vices. Law firm clients are concernedabout the climbing cost for legal ser-vices and are seriously looking forfixed fees and discounted hourly rates.Initiatives such as the ACC ValueChallenge, organized by large corpo-rate clients in the U.S., forces majorchanges in the business models of law
Fall 2009 � BC Legal Management Association � www.BCLMA.org � Member Services: [email protected]
Topics 10
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The Future of D&D � from Page 9
The Future of D&D � to Page 11
firms, with administrators expected tohelp their firms adjust.
� Contingency planning: With the H1N1 fluseason and the Olympics fast ap-proaching, formulating a workablecontingency plan to efficiently main-tain operations with potentially 30%to 50% of a law firm’s work force ab-sent at any one time presents a time-sensitive challenge for those firmswithout a plan already in place.
� Succession planning: Many firms willhave partners, associates and staff re-tiring in the next five years, making ita priority of today’s administrators toplan for tomorrow’s changes, a bur-den many administrators feel.
Essentially, we found ourselves ask-ing exactly the same questions and facingmany of the same challenges as ourclients in the legal community.
We continued our audit with this inmind: As service providers, if we couldonly offer convenience and not the ac-companying economic benefit to our cus-tomers, we could very well be considereda luxury rather than a necessity.
ADDING VALUE IN A DE-VALUEDECONOMY
Asking the right questions and identi-fying key areas of concern is the easypart. Accounting for what is therebygleaned from a business perspective andincorporating solutions into the architec-ture of your operations is the challenge.
Acquiring Dye & Durham at the be-ginning of the economic melt-downforced me to take our company throughsignificant restructuring.
At the same time, by acquiring thefirm, I also gained the freedom to restruc-ture as I saw fit. In doing so, we used theeconomic conditions we were all livingthrough as a measuring stick, a barome-ter against which to base our cost-benefitanalysis. If we could demonstrate, evenamidst a global economic crisis, that thebenefit of using our services outweighedthe costs, we would essentially redefinethe term ‘value-add’.
Fall 2009 � BC Legal Management Association � www.BCLMA.org � Member Services: [email protected]
MAKING THE MOVES…WELCOME, NEW & RETURNING AFFILIATES!
Marion Verdicchio, Finance, of Hamilton, Duncan, Armstrong & Stew-art Law Corp... Lynn Zelickson, Facilities, McCarthy Tetrault... Rob
Smith, Human Resources, Lindsay Kenney... Daniel Guerrero, HumanResources, McCarthy Tetrault... Genevieve Sangalang and ChristinaHaddrell, Human Resources and Facilities, Smart & Biggar.
WELCOME, NEW & RETURNING REPRESENTATIVES!
Kimberly MacMillan, formerly of MBM Intellectual Property Law, hasjoined Simpson Thomas & Associates in Vancouver... Samantha Collier
has joined MBM Intellectual Property Law... Miriam Redford has becomeFasken Martineau’s new Representative.... Also, new to the BCLMA: Ali-cia Bond, Facilities, of Bull Housser & Tupper LLP, Stephanie Norton, Fa-cilities, of Legacy Tax + Trust Lawyers and Shakti Jeyachandran, HR, ofRoper Greyell. And, a new firm, Taylor Sourisseau Tatchell of Vancouver,represented by Donna Ward.
In accordance with our bylaws, firms are the BCLMA’s Members. Representatives were
formerly known as Full Members. Affiliates were formerly known as Subsection Members.The
list of the Affiliate Chairs and Co-Chairs as of the date of publication is always on the last page of
each TOPICS. You can also go to our website for the latest list; just click our name, below.
Topics 11
The Future of D&D � to Page 12
The Future of D&D � from Page 10
BCLMA at the halfby Stephanie Marsh, President
The 2009/10 Executive Board hasreached the halfway mark in its cur-
rent term. Here’s a list of successes so far:
� Sold-out Spring/Summer Social� Another joint webinar with more than
a dozen ALA & TLOMA site regis-trants in Canada and the US, present-ed by Gary Mitchell & CatherineMitchell of GEM Communications
� Annual Subsection Electoral Process in-voked to support subsections, providegreater structure, and produce moreleadership options for individuals
� New Alumni “subsection”� A renewed relationship with the Law
Courts Inn, providing highly cost-ef-fective meeting space and catering
� Ongoing website enhancementsbased on user-feedback
Still to check:
� October 7: Thefirst of a three-part series onLeadership:Leadership &
Balance, Part 1,
presented byguest speakerJoanne Ward;
� October 21:Administrator’s Only: Caught in the
Crossfire with guest speaker Paul Goosen� November 5: Annual Managing Part-
ner’s Dinner with special guest JusticeThomas Gove of the VancouverDowntown Community Court
� December 3: Annual Winter SocialI look forward to continuing to work
with you and the Executive Board tobring you tools, opportunities andevents that support you in our legalprofession.
Stephanie Marsh
Having outlined essential considera-tions of law firms interested in this reviewof services, traditionally outside the scopeof an administrator’s responsibility, theteam was tasked with creating or amend-ing systems such that, if challenged onany of these points, we could prove our-selves as having the critical answers.
LISTEN TO LEARNFirst, we listened to our customers in
order to broaden our understanding ofthe legal practice. We did not assume weknew their concerns; we asked questions.
We then applied this new knowledgeto the development of systems and offer-ings that would provide maximum effi-ciency for our clients and offset, as muchas possible, the deleterious effects of astruggling economy.
The degree of importance we place onlistening to our customers is perhaps whatmost sets D&D apart. Sometimes youhear things you’d rather not, but that kindof feedback is what allows the company toimprove, grow and offer better service.
So, what did we learn, and what didwe do with that information? Well, thelegal industry is a dynamic, interestingand complex world, particularly for theuninitiated. We already knew that. Butwe learned that we could more success-fully assume the role of facilitator—a por-tal for information, and a resource thathelps bridge the gap between the impor-tant work of the legal community and theworld where the results of their efforts be-come tangible.
As we bring together so many prac-tices areas and so many associations, itseemed a natural move for us to expandour efforts to disseminate important de-velopments among these groups. Our pri-mary resource in this regard is our Infor-
mation Update, which currently has about10,000 subscribers. We also provide we-binar services and training, and have anEducation Department dedicated to pre-cisely this role.
We also learned that innovation will re-main a major focus of our efforts. Contin-
Fall 2009 � BC Legal Management Association � www.BCLMA.org � Member Services: [email protected]
Topics 12
The Future of D&D � to Page 13
The Future of D&D � from Page 11
Contract or in-house? A checklist of questionsBy Connie Fenyo, President of Dye & Durham
Not only did we have to consider our competitors as we conducted our service audit, we needed to
accept the idea that firms may abandon service providers altogether, and rely on in-house per-
sonnel. Administrators need to carefully evaluate the real costs and risks of completing legal-support
administrative tasks in-house versus outsourcing them to qualified providers of legal-support service.
Sometimes this critical decision is left to the individual performing the task, and the important
questions never get asked. In evaluating the various service providers, administrators should make
the following checklist of inquiries:
� With clients pushing for different business models, do I understand what my total law firm
search-and-file service costs? Are the costs controlled? What cost arrangements are available?
� How does my registry agent mitigate our risks?
� Does my agent support my firms’ international business-development initiatives by providing
global due-diligence services?
� What service-level guarantee does my registry agent provide?
� Does my registry agent support the associations that are important to me and my law firm?
� What type of accounting integration ability does my registry agent offer to ensure full cost-recovery?
� What type of accreditation credentials does my registry agent have?
� Is my firm experiencing unnecessary accounting complexities as a result of using several differ-
ent registry agents?
We recognize that many of the search, registration and legal-support services that Dye &
Durham provides can be completed by our clients in-house. Before abandoning the use of service
providers altogether, decision-makers should contemplate the following key considerations:
� In a downsized environment, what is the impact of increased search-and-file work on remain-
ing employees? Who will do the work when these employees are absent due to sickness, leave,
vacation or retirement? Who will conduct the training? What type of training will be provided?
� What is my real cost of outsourcing registry agent services versus the full cost of completing
these services in-house?
� How knowledgeable is my staff? Are they completely up-to-date on registry procedures and leg-
islative changes impacting processes and procedures? For example, there are currently 44 court
locations, 43 of which include both a civil and criminal registry just in B.C. alone. What steps
am I taking to ensure my staff is informed of these changes?
� Are we managing our service levels on administrative tasks consistently across the firm? Do our
clients experience defects at the registries? Is this monitored? If so, how? What impact do de-
fects have on our clients?
� If clients are taking longer to pay, and cash-flow management is critical, what is the cost of
maintaining a topped-up property transfer tax account, a BC Online account plus paying dis-
bursements up front versus monthly summarized billing?
� With the emphasis on remaining competitive and retaining clients, is my practice completely
up-to-date in online search-and-file methods when competing against other law firms? Will our
response time be slower or otherwise negatively impacted?
� If you have decided that effective technology will improve your practice and give your firm a
competitive edge, is it not safe to say that you should surround your practice with service
providers who also make use of the most effective technology? What steps are your service
providers taking to ensure they’ll be able to meet your future requirements?
ued investment in emerging technology isan ongoing commitment, but two examples,in particular, bear mentioning as they are ofthe greatest importance to our customers.
Dye & Durham has fully-supportedelectronic search-and-registration initia-tives since their inception, and was in-volved in the pilot project for the BC gov-ernment’s Corporate Online.
Recognizing early on that utilizing In-ternet technology to streamline these pro-cesses would increase efficiency, lowercosts and reduce reliance on paper aswell as couriers, we undertook a greatdeal of research and development to cre-ate sophisticated new web-based applica-tions: ETRAY and ECORP.
ECORP is a web-based corporate-recordmanagement system; ETRAY is an electron-ic search-and-filing system, with full sup-port, that has the newly developed capaci-ty for creating invoices and statements.
Both reflect Dye & Durham’s commit-ment to adopting ecologically sound busi-ness practices. In particular, these appli-cations will dramatically reduce the legalindustry’s reliance on paper and couriers-changes that will have a significantfavourable impact on a firm’s bottom lineand coincide with ‘green’ initiatives.
We also learned that our customers wantoptions and facts. In some instances, for ex-ample, manual filings are preferable or evenmandatory. We provide that service andhelp our customers identify the circum-stances in which it makes sense to discusswhether another option would suit thembetter and why. We present alternatives toour customers, and let them determine thecourse that best suits their practices.
The main thing we learned was thatwe couldn’t hope to survive if complacen-cy existed within our mandate. The factis: I want this company to be around forat least another 100 years, and I believe
that qualified providers of legal-supportservices are an essential resource for ourclients and the legal industry.
While it would have been easy for me torely on successes of the past, I wanted tomake every effort possible to position D&Das a vanguard for new systems and tech-nologies designed to streamline our clients’operations. We constantly re-invent our-selves as our customers do the same. Ourroots provide stability, but evolution is nec-essary. We understand that the procedureswe’ve adopted in the past don’t guaranteeour success moving forward. Broadeningour scope, exploring new opportunities anddeveloping innovative solutions will keep usat the forefront of service providers best ableto support the needs of the legal communi-ties we serve.
With special thanks to Greg Baranieski, Col-
in Cameron, Marie Finstad, Spencer Hartigan,
Wayne Scott and Tim Wurtz for their insight.
Fall 2009 � BC Legal Management Association � www.BCLMA.org � Member Services: [email protected]
The Future of D&D � from Page 12
Smile & Link
SMILE!
One of the new features of our redesigned
website includes the ability to post individual
profile photos next to each person’s listing in the
BCLMA Personnel Directory.
If you need to know what someone looks like
before meeting or want to put a face to a name,
the BCLMA website can be your resource.
Kindly e-mail a professional, colour profile
image of yourself (size 82px X 115px) to
Thank you for your co-operation!
LINK!
BCLMA is LinkedIn!
The BCLMA is now a group on the popu-
lar business-social website LinkedIn.com ,
which can extend your existing network of trust-
ed contacts.
Add the Group and enhance your profes-
sional profile!
Topics 13
By Sheila Tham, Financial Controller,Watson Goepel Maledy LLP
On July 23, 2009, the B.C. govern-ment announced its intention to har-
monize the existing 7% Provincial SalesTax (PST) with the 5% federal Goodsand Services Tax (GST) into a single12% Harmonized Sales Tax (HST,12%). This will take effect on July 1.
Ontario made a similar announce-ment earlier this year, eventually joiningNova Scotia, New Brunswick, and New-foundland & Labrador—all of which har-monized their provincial sales tax sched-ules with the federal GST in 1997.
WHAT IT MEANS FOR BUSINESSBecause GST/HST is Canadian federal
legislation, it will also mean any business thatis registered for GST purposes, regardless ofwhere they are located, will be obligated tocharge and collect HST at these new rateson goods and services sold to customers inHST provinces. The HST will be reportedand remitted on ordinary GST returns.
BC law firms currently charge GSTand PST to legal fees and GST ischarged to legal-related disbursements,such as photocopies and faxes. Come July1, the HST will be charged to both legalfees and related disbursements.
Law firms may find an increase intheir cash flow by 5% to 7% as a result.That’s because we will be able to claimthe PST 7% portion, which we can’t donow, as an input tax credit. This meansthat when we purchase a computer for$1,500 today, we would pay $75 GSTand $105 PST, but we are currently onlypermitted to claim the $75 back as an in-put credit, which is subtracted from theamount of GST we pay to the govern-ment. But when the HST is implement-ed, you would be able to claim the full12% HST back as a credit.
RESTRICTIONS FOR LARGE BUSINESSESThere are a few temporary restrictions
on that general concept of tax credits thatsome BC law firms might encounter,however. For at least the first five years,mid-size businesses with annual taxablesales in excess of $10 million will be re-stricted from claiming the 7% provincialcomponent of the HST on: � Energy, except when used to produce
goods for sale;� Telecommunication services, but the
credits are allowed on costs for Inter-net access and toll-free numbers;
� Road vehicles weighing less than3,000 kilograms (3 tons), their partsand certain services, plus the fuel topower such vehicles; and
� Food, beverages and entertainment.Further, BC businesses will have to
disclose the amount of restricted creditson their HST returns in each reportingperiod.
WHAT ABOUT NEW-HOME BUYERSThere would also be an effect if pur-
chasing a new house. BC will provide anew housing rebate of a portion of the7% provincial component of the HST toensure that newly-constructed homesbear the same amount of sales tax asthey do under the current PST system.The rebate will be fully available onnewly-built homes sold for $400,000 orless. Newly-built homes above $400,000will receive a flat rebate of about$20,000.
MORE EXEMPTIONSAll goods and services will be subject
to HST in the same manner as they arecurrently subject to GST. All items onwhich GST is currently not payable—ba-sic groceries, prescription drugs, medicaldevices, as examples— will continue tobe exempt from HST, too.
Further, BC will not impose the 7%provincial component of the HST ons:� Books� Children’s sized clothing & footwear
� Children’s car seats or car boosterseats
� Diapers� Feminine hygiene products, and� Gasoline or diesel fuel for vehicles
The familiar point-of-sale rebates forthe BC portion will apply.
AND THERE ARE SOME SIDE EFFECTSWhenever a new tax is introduced, the
painful side-effects are immediately dis-cussed, usually before the benefits arecompletely understood. Indeed, with ev-ery tax, there is bad and good.
The HST has been portrayed as amoney grab by the BC government andas a major downfall for BC business.Critics have declared it a new tax burdenon consumers, specific sectors, and un-fair to lower-income earners. The aver-age British Columbian will notice a dif-ference when they go to the store andpurchase something that is currently sub-ject to GST only; HST will be charged.
In my view, the food and entertain-ment industries are also unlikely to losemoney with this new tax; rather, theymight also come out on top.
ON THE UPSIDE� The HST will reduce business admin-
istration costs by $150 million annual-ly and will save the B.C. government$30 million in administrative costs annually.
� It will inject $1.6 billion in federalfunds into the BC economy.
� It will create more jobs, because BCbusinesses will be in a better invest-ment position to expand and hiremore people.
� The HST will reduce the marginal ef-fective tax rate on investment, makingthe cost of new business expansionmore affordable.
� In the short and long run, businessand law firms will gain a benefit fromhaving this value-added tax in suppliesand capital expenses. This could im-prove cash flow.More info will become available as the
effective date —just nine months away—of July 1 arrives.
Fall 2009 � BC Legal Management Association � www.BCLMA.org � Member Services: [email protected]
14TopicsHST NOT AS DREADED AS YOU MIGHT THINK
The new Harmonized Sales Tax is likely tobenefit law firms; here’s a look at how
By Antonio A. Zivanovic
When my parents bought my sisterand me our first sleeping bags, I was
so excited I just wanted to lie around thehouse in mine as if it were my bed. I re-member visiting Vancouver on a road tripshortly afterwards—my first chance to testthe sleeping bag in real conditions!
We were walking back to the car on acold and wet Vancouver night, when wenoticed some people huddled in a door-way under a small awning. Without asecond thought, my father grabbed thesleeping bags, walked over and gave ourbags to them. At first, I felt disappointed,but my parents explained that thosehomeless people needed the sleepingbags much more than we did. I under-stood it was the right thing to do.
I learned a lot from that experience.First, giving means challenges. Therehave been times when I’ve had little fi-nancially, but seeing someone with farless opportunity to earn their keep com-pels me to give what I can. I see generos-ity all around me; I am convinced thatpeople like to give.
I’ve noticed that the people who feelpassionate about something often takethe initiative to help make this worldbetter. Of course, true passion for some-thing means focusing your attention out-side of yourself, and selflessness is at theroot of giving.
A friend who rallies a group of peopleto build homes for Habitat for Humanity,and two of my business mentors seem tospend more time helping others thanthere are hours in the day. Another asso-ciate is passionate about supporting localfood producers, and developing the com-munity through local gardens.
As for me, I run a workplace healthand wellness company. Our mission is toadvance people and cultures by fostering the devel-
opment of optimal workplaces. Our missionemphasizes the most favorable physicalfunctioning, and how it facilitates our
working lives and work/life balance. Withthis in mind, I see opportunities to helpothers help themselves every day.
I love soccer; it’s a personal expressionof the most advantageous physical func-tioning and its invigoration of life. I lovewhat happens when diverse people play
together on a team. At best, people forgetthemselves in the selfless joy of physicalperformance, and subsume their individu-al interests to the collective good.
Coincidentally, a friend of mine gaveme a CD about The Great Football Give-away. Much like the famous non-profitRight to Play, this UK company providescomplimentary sports equipment to helppeople in developing nations build strongcommunities.
I was so inspired by this video that Ipulled some friends together to create a
non-profit organization called The COSFootball Giveaway. Our project helpspeople experience the transformativepowers of sport.
When faced with a world that presentsa myriad of needs and opportunities tohelp, how do you choose where to begin,what exactly to do? How do you find theinspiration and energy to help while con-tinuing to care for your business responsi-bilities and mission?
The key is this: assuming your day-to-day work allows you to give concrete formto what you love and feel passionateabout, that’s where you start. Extendinga helping hand based on the passion thatguides your work means your profession-al expertise will advance your charitablegiving, making you more effective athelping others. Further, you might unex-pectedly find that your efforts give younew ideas that could improve your pro-fessional practice.
If you do not know what you are pas-sionate about, or how this relates to yourwork, take a moment and think aboutone person, place, or event that inspiredyou to commit yourself to something worthwhile.
We may not have an abundance ofresources, but we do have initiative andcommitment. Recall the words of Ameri-can anthropologist Margaret Mead:“Never doubt that a small group ofthoughtful, committed citizens canchange the world. Indeed, it is the onlything that ever has.”
Check out an example of how a con-crete effort to extend a helping hand wasinspired by a specific love of sport and aprofessional focus on health and wellnessby watching the online video. It’s at:<http://www.TheCOSfootballGiveAway.org>
Find something. Commit your heart.Help change the world.
Antonio Zivanovic is the CEO of Corporate
Occupational Solutions Inc.
Prior to launching the firm, Antonio was a
consultant for leading public and private sector
firms across Canada. Visit the firm’s website at
<http://www.COSinc.ca>; or contact COS via
e-mail at [email protected]
Fall 2009 � BC Legal Management Association � www.BCLMA.org � Member Services: [email protected]
15A SOCIAL RESPONSIBILITY
What do sleeping bags and soccer ballshave in common? Passion, giving
Topics
For me, soccer is a personal expression of themost advantageous physical functioning andits invigoration of life.
from your mistakes). They’ve learned thatthe more decisions you make, the betteryou become at making the right ones.
The best managing partners are notafraid of ‘failing forward,’ as manage-ment consultant Tom Peters puts it.
They have learned that the odd baddecision is inevitable, it isn’t the end ofthe world and is what they usually re-member if they need a laugh. However,the ability to make tough decisions doesnot suggest they have a lack of compas-sion or insensitivity to those who may beaffected by those decisions.
When we say they take a genuine in-terest in the welfare of their partners andemployees, they remain aware of the ef-fects of their decisions on everyone; theyensure that any ill effects, real or per-ceived, are alleviated as much as possible.In this regard, managers are cognizant ofhow their fellow lawyers are able to han-dle the pressures of their profession.
CURIOUSGreat leaders often seek feedback
from the people they lead. One way to dothis is an annual, confidential surveycompleted by the partners. Survey ques-tions might include:� Am I more positive than critical?� Am I accessible?� Am I perceived as fair?� Am I concerned about the long term?� Am I inclusive?� Do I provide sufficient feedback?� Do I keep everyone informed?
� Am I encouraging?� Do I communicate well?
How many of the attributes highlight-ed in this article apply to your firm’sManaging Partner? � Visionary� Enthusiastic� Authentic� Collaborative� Consensus Builder� Delegator� Humorous� Positive� Honest� Fearless� Accountable� Innovator� Decisive
All of the qualities or practices we’vedepicted here derive from passion suc-cessful managing partners have for thejob they have agreed or chosen to takeon, but they also are simply part of whothey are. Generally, they are as successfulin their personal lives as they are in theirprofession.
By and large, good leaders have richfamily lives, undertake active leadershiproles in their communities, have a widerange of interests, and enjoy the materialrewards of their success. In short, they ex-hibit the same exuberance and drive athome as they do at work.
Michael J. Anderson of Vancouver has more
than 30 years experience working with professional
firms throughout North America: 604-272-4222.
Fall 2009 � BC Legal Management Association � www.BCLMA.org � Member Services: [email protected]
Topics 16
www.dlo.ca604.990.0135
Proud to support theBC Legal Management
Association
Packit up
Pickit up
Setit up
Tuneit up
Best Law-Firm Leaders � from Page 7
by Peter MorganMorgan:Newsletters
If you, your colleagues or clients expectto fly into Vancouver from January 29
to March 3 from anywhere, expect yourperson to be searched and your baggagescreened.
And that includes those handy sea-plane or helicopter flights that allow youto hop over to Vancouver Island andback for the day. Coming back to Van-couver on the puddle jumper, you andyour baggage, hand-held or stowed, willget the standard once-over—it’s nicknamed ‘mag-and-bag’—that you now get at allinternational airports, and thatcould add up to half an hour tothe white-knuckle flights.
As you might expect fromthe timing, this all has to dowith the 2010 Winter Games,at least the Olympic portion ofthem, since everything will beback to normal for flights bythe time the Paralympics starton March 12.
This situation hasn’t re-ceived much publicity yet, butthe Vancouver 2010 Integrat-ed Security Unit, which is led by theRCMP but which includes all branches ofCanada’s military and NavCanada, theagency that controls Canadian air space,is just one of more than 100 federal de-partments and agencies planning to dealwith the various aspects of the 2010Games.
V2010 ISU and the federal authoritieshave created a giant, notional figure-8swatch of airspace that's 55.6 kilometers(30 nautical miles) wide; NavCanada callsthem the “Olympic Rings.” The areasextend from the ground to just shy of5,486 metres (18,000 feet), and includes aportion of US airspace due south of us.
The southern part of the 8 is centredon Vancouver International Airport,
which is not just a sponsor of The Van-couver Organizing Committee for the2010 Olympic and Paralympic WinterGames (VANOC), but it’s also an officialGames venue. The northern part is cen-tred on Whistler, and the pinch point ofthe figure is where the air-space controlarea slims down as it follows the Sea toSky Highway from West Vancouver toWhistler. Everything man-made that flieswill come under the flight restrictions thatare to take effect during those 34 dayswithin that figure 8.
The federal government says its bestguess is that between 34,000 and 136,000airplane passengers are expected to be af-fected by the security regulations it in-tends to impose, and that doesn’t countthose aboard the scheduled commercialflights that are normally screened in thesame way.
According to a Regulatory Impact Analysis
Statement from the Department of Trans-port accompanying the proposed Vancou-
ver 2010 Aviation Security Regulations, the re-strictions would affect more than 100flights per day, carrying a total of between1,000 and 4,000 passengers per day.
The Analysis was prepared by SandraMiller, the chief of Regulatory Planningand Services for the Aviation Security sec-
tion of Regulatory Affairs in the depart-ment.
The proposed regulations require theCanadian Air Transport Security Au-thority to screen crew members, passen-
gers and goods at airports, heli-ports and float-plane bases at22 locations in BritishColumbia; require segregatingpassengers and goods destinedfor an aircraft after the screen-ing; require aircraft searches;and expand firearms and explo-sives restrictions to those whooperate corporate and privateaircraft, as well as apply themto some airports that don’t cur-rently serve air carriers.
As well, it adds, “Security-sensitive requirements contain-ing more details and procedureswould be contained in confi-
dential security measures, and disclosedonly to authorized persons with a demon-strable ‘need to know’ of their contents.”
The new locations are in various areasof the Lower Mainland, as well as onVancouver Island, in northern BritishColumbia and in Calgary, Alberta.
Under “an innovative and adaptive ap-proach” of the regulations, the Analysis says,air operations that would otherwise bebanned from restricted airspace or ground-ed would be permitted to continue to oper-ate, but that helicopters, float planes, char-ters, commuter aircraft, air taxis, corporateand privately owned aircraft and somesmall, regional airlines would be affected bythe expansion of the regulations.
The Analysis, however, does not make
Fall 2009 � BC Legal Management Association � www.BCLMA.org � Member Services: [email protected]
Topics 17V2010 ISU TO CONTROL SKIES OVER GAMES JAN 29 TO MARCH 3
If it’s man-made and flies to Vancouver, it– and you – will be security screened
reference to several small air carriers whosay their schedules may have to be cur-tailed or considerably lengthened because
of the requirements that their passengersbe diverted to airports for screening be-fore they can continue into Greater Van-couver air space.
Violation of the proposed regulations,it says, would carry the same range of fi-nancial penalties already in place for ex-isting regulated operations, from up toC$5,000 for individuals and up toC$25,000 for corporations.
“It is expected that the proposed avia-tion security regulations would impactprimarily aircraft having up to 50 seats.However, the majority of aircraft affectedwill likely have a capacity of less than 10seats,” it says.
It also adds, “Flight schools wouldalso be highly impacted, given proposedrestrictions on their operations and thepotential for temporarily reduced rev-enue streams. Solo flights could be cur-tailed and aircraft flown by student pi-lots would be banned from theproximity of key Games facilities andother locations.
“Operators of corporate aircraft(some of whom fly large aircraft, thetype used by major commercial carriers)may also be affected by the same type offlight delays, longer flight times to por-tal airports and additional ground-han-dling fees.”
It says, however, that the reason forthe regulations include three main possi-ble scenarios envisioned by Vancouver2010 ISU and other agencies.
Those possible scenarios include “useof aircraft as a weapon; use of improvisedexplosive devices against passengers atVancouver International Airport oraboard aircraft bound for greater Van-couver; and use of aircraft for suicide at-tacks mounted against 2010 Gamesvenues.”
And, it adds that “in the RCMP-ledthreat scenarios, it was determined that awide variety of these generally smalleraircraft could be used for nefarious purposes...”.
The Analsysis notes that passengers onaffected flights would not be required topay the Air Travellers Security Charge,“as costs associated with enhancing 2010Games–related aviation security are al-ready captured in a broad Governmentof Canada commitment to staffing, train-ing, infrastructure and logistics co-ordination.”
Olympic Games air screening � from Page 17
Which airports are affected by all this?Here is the federal government’s list of airports affected by the proposed regulations. It says that additional portal air-
ports—those through which small aircraft have to funnel before they could move into the Olympics-controlled air space—
could also be added, if necessary, to accommodate changes in passenger volume, routes, available runways and need for greater
runway lengths. Changes in the availability of essential services—such as aircraft de-icing, aircraft fuelling and Customs ser-
vices—could also add or subtract from the list:
Abbotsford Airport –(Portal Airport)
Boundary Bay
Calgary International Airport
Departure Bay
Kelowna Airport –(Portal Airport)
Langley Regional
Nanaimo Harbour
Pemberton
Pitt Meadows
Port Hardy
Powell River
Squamish
Vancouver Harbour & Public heliport
Vancouver International Airport, including the South
Airport and its floatplane facility - (Portal Airport)
Victoria International Airport–(Portal Airport)
Victoria Harbour and Camel Point heliport
Whistler (Municipal)
Pre-sales of Games assets already underway
Once the 2010 Games are done, you’ll see VANOC disappear so fast, you’ll wonder where
25,000 people could possibly go.
For one thing, VANOC isn’t spending a single dime it doesn’t have to, and that includes payroll,
but for another it also has to do with getting all the money recovered that in can. Which is why the
organization is already out in the market, talking to industry organizations ~ what they might want
to buy at cut rates for slightly used, well, everything.
VANOC has to buy a lot of things to stock up the two Athletes Villages, one in Vancouver, one in
Whistler, but there’s also all that accommodation for the media, Olympic and Paralympic officials
and other constituencies. But because most of the things are used, even if slightly, and VANOC wants
to shut down, it’s offering fire-sale type deals via auctions afterward starting ~ April 1, and pre-
sales of specific things now.
Here’s a tiny sample of the kinds of things VANOC is expecting to pre-sell to, for example, hotels:
Items Units Starting Price
Folding Chairs (Bridgeport, White) . . . . . . . . . . . . . . . . . . . . .~ 35,000 . . . .$6 each
Folding Tables (Lifetime) . . . . . . . . . . . . . . . . . . . . . . . . . . . .~ 10,000 . . . .$17
Leather Sofas (Brown, from Hudson’s Bay Co.) . . . . . . . . . . . . . .~ 800 . . . . .$185
Leather love seats (Brown, from Hudson’s Bay Co.) . . . . . . . . . . .~ 800 . . . . .$163
Leather Lounge Chairs (Brown, from Hudson’s Bay Co.) . . . . . . .1,900 . . . . .$95
Solid Wood Wardrobes (Dark Pine, from Hudson’s Bay Co.) . . . . .950 . . . . . .$200
2010 Branded Coffee Tables (Dark Pine, Hudson’s Bay Co.) . . .~1,500 . . . . .$60
2010 Branded Nightstands & End Tables (Dark Pine, HBC) . .~ 5,000 . . . . .$28
2010 Branded Linens (Sheets, Pillowcases, Duvets, Duvet Covers)~40,000 . . . .$4
2010 Branded Bathroom (Towels, Washcloths, bathmats) . . . . .~40,000 . . . .$1
Appliances (Coffee Makers, Kettles, Microwaves, Fridges etc.) . . .~ 2,000 . . . . .$3
LCD Televisions (19” & 26” Panasonic) . . . . . . . . . . . . . . . . .~1,800 . . . . .$266
Fall 2009 � BC Legal Management Association � www.BCLMA.org � Member Services: [email protected]
Topics 18
Fall 2009 � BC Legal Management Association � www.BCLMA.org � Member Services: [email protected]
FALL 2009
Editor: Stephanie MarshManaging Editor, Designer: Peter Morgan
This issue is also available in PDF format at:<http://www.bclma.org>
Topics Archive & Index<http://www.bclma.org>
Editorial © 2009 BCLMA, CANADA
Published by: MORGAN:Newsletters Ltd.
BRITISH COLUMBIA LEGAL MANAGEMENT ASSOCIATION
President: Stephanie Marsh
WHO WE ARE
The BCLMA, founded in 1972, is a non-profit orga-nization with 95 Representatives and more than220 Affiliates across B.C. It is the BCLMA ‘s goal toprovide educational and networking opportunities,to enhance skills as legal administrators and man-agers, and to provide professional and personal ben-efits its registrants..
MEMBER SERVICES:
G Opportunities to network with other law firmadministrators and managers are provided byevents such as our annual Spring and Winter so-cials, or monthly subsection meetings. We host anannual Managing Partners Dinner, and a large con-ference every other year.
G The Job Bank on our website outlines informa-tion on potential employment opportunities.
G The Discussion Board on our website enablesRepresentatives and Affiliates to quickly get ques-tions answered and obtain advice from others whomay have faced similar situations. The best way toget involved is to become a part of the BCLMA.
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EXECUTIVE Stephanie Marsh, President
Fasken Martineau2900, 550 Burrard StreetVancouver, Canada V6C 0A3D: 604.631.4767F: [email protected]
Jan Whyte, Vice-President
Murphy, Battista#2020, 650 West Georgia StreetVancouver, BC, V6B 4N7D: 604.633.3811F: [email protected]
Gary Carter, Director
Paine Edmonds LLP1100, 510 Burrard StreetVancouver, BC V6C 3A8P: 604.683.1211F: [email protected]
Cindy Hildebrandt, Director
Richards Buell Sutton LLP700 – 401 West Georgia StreetVancouver, BC V6B 5A1P: 604.682.3664D: 604.661.9267F: [email protected]
Evenna Liu, Director
Oyen Wiggs Green & Mutala LLP480 – 601 Cordova Street WVancouver, BC, V6B 1G1D: 604-676-9074F: [email protected]
Barb Marshall, Director
Fasken Martineau2900 – 550 Burrard StreetVancouver, BC V6C 0A3D: 604.631.4991F: [email protected]
Angela Zarowny, Treasurer
Direct: [email protected]
Jane Kennedy, Administrator & Membership Services
BCLMA
PO Box 75562RPO Edgemont VillageNorth Vancouver, V7R 4X1P: 604.988.1221F: [email protected]
SUBSECTION LEADERS
Facilities & Service ManagementJanice McAuley, First Co-Chair
Lawson Lundell LLP1600 – 925 West Georgia StreetVancouver, Canada, V6C 3L2D: 604-631-9254F: [email protected]
Lorraine Burchynsky, Second Co-Chair
Boughton Law CorporationSuite 700 – 595 Burrard StreetVancouver, Canada, V7X 1S8D: 604.647.4162P: 604.687.6789F: [email protected]
FinanceSheila Tham, First Co-Chair
Watson Goepel Maledy LLP1700 – 1075 West Georgia St.Vancouver, BC V6E 3C9P: 604.688.1301F: [email protected]
Linda Lucas, Second Co-chair
Davis LLP2800 Park Place, 666 Burrard St.Vancouver, BC V6C 2Z7D: 604.643.6305F: 604-687-1612E: [email protected]
Human ResourcesTina Giallonardo, First Co-Chair
Miller Thomson LLP1800, 840 Howe St.Vancouver, BC V6Z 2M1P: 604.687.2242F: [email protected]
Kerri Antifaev, Second Co-Chair
Alexander Holburn Beaudin & Lang LLP2700 - 700 West Georgia StreetPO Box 10057, Vancouver, BC V7Y 1B8D: 604-628-2723F: [email protected]
Knowledge ManagementGreg Christensen, Chair
Fasken Martineau2900–550 Burrard StreetVancouver, Canada V6C 0A3D: 604.631.4993F: [email protected]
MarketingRecruiting
Small FirmsSharon Kwong Wah, First Co-Chair
Young Anderson1616 – 808 Nelson StreetVancouver, Canada, V6Z 2H2 D: 604-689-7400F: [email protected]
Kimberly MacMillan, Second Co-Chair
Simpson Thomas & Associates1512–808 Nelson St.Vancouver, B.C. V6Z 2H2D: 604 689 8888F: 604 684 [email protected]
TrainersRuth-Ann Spencer, First Co-Chair
Bull, Housser & Tupper LLP 3000, 1055 West Georgia Street Vancouver, BC V6E 3R3 D: 604.641.4921 F: 604-646-2638 [email protected]
Lisa Dick, Second Co-Chair
Fasken Martineau 2900–550 Burrard Street Vancouver, V6C 0A3 P: 604.631.3131 F: 604-631-3232 [email protected]
Technology George Lo, Chair
Harper Grey LLP3100 - 650 West Georgia StreetVancouver, BC, Canada V6B 4P7 D: 604-895-2853F: [email protected]
EDITORIAL COMMITTEE
Bob Waterman, Chair
Richards Buell Sutton LLPD: 604.661.9241F: [email protected]
Stephanie Marsh, Editor
Fasken Martineau2900, 550 Burrard StreetVancouver, Canada V6C 0A3D: 604.631.4767F: [email protected]
Mike [email protected]
Lorraine BurchynskyBoughton Law CorporationSuite 700 – 595 Burrard StreetVancouver, Canada, V7X 1S8D: 604.647.4162P: 604.687.6789F: [email protected]
Paula ButlerBarrister & Solicitor200, 100 Park RoyalWest Vancouver BC V7T 1A2P: 604.782.0373F: [email protected]
Tim WurtzBaker Newby LLP9259 Main St.Chilliwack BC, V2P 6K2P: (1) 604.792.1376F: (1) [email protected]
BCLMA EXECUTIVE & SECTION LEADERS
DENN
ISCO
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BC Legal Management Association
