Legal Feeds Blog
Assisted-dying law to be unveiled today, Canadian Press
Supreme Court to rule today on Metis, non-status Indian rights, Canadian Press
NEW YORK — The complex duties of today’s corporate counsel can be such a tightrope act — carefully walking among the board, the CEO and the law — that it’s surprising leotards and long balance poles aren’t given as part of the employment package.
|'There has been a revolution of GC’s role within their companies that has transformed both law and business,' says Ben Heineman. (Photo: Gregg Wirth)|
“There has been a revolution of GC’s role within their companies that has transformed both law and business,” said Heineman.
His comments came at an event sponsored by Thomson Reuters and the Harvard Law School, highlighting the public launch of his new book, The Inside Counsel Revolution: Resolving the Partner-Guardian Tension, published by the American Bar Association.
Indeed, the four main framework ideas Heineman described are not some dry, guiding principles; rather, they are the bedrock on which all day-to-day activities and interactions in the corporate legal department should be built. The four framework ideas for GCs include:
1. Fusing together high performance, high integrity, and sound risk management
Heineman said that successfully fusing these elements together at the corporate level not only mitigates risk but also achieves positive benefits within the company, the marketplace, and broader society. Think of it as a “corporation-specific optimization” that creates value for key stakeholders — from shareholders to employees and customers.
2. Becoming the needed lawyer/statesman
Today’s GCs are expected to be outstanding legal experts, wise counselors, and accountable leaders for the company, said Heineman, but that has to be balanced with a strict responsibility to the higher tenants of the law. “The first question should always be, ‘Is it legal?’” he said. “And the last should always be, ‘Is it right?’”
3. Resolving the partner/guardian tension
This is where the tightrope walk gets really tricky. GCs have to balance their duties to the company as an employee and stakeholder with their duty to guard the company from any legal missteps that could damage it. Heineman pointed out that GCs battle a lot of negative perceptions in this area, and attitudes about “company lawyers” as naysayers, being overly cautious, and hurting business are common and must be battled back. “As a GC, you owe it to the board to speak up, even though that may put you cross-ways with your CEO.”
4. Creating and maintaining an ‘integrity culture’
Heineman described this framework idea as one of the most important. The ability to articulate and define shared principles and practices throughout not only the corporate legal department but the company as a whole is vital, he explained, and management walking the walk is key. “It is this culture that will influence how people will feel, think and work,” he explained. “But the leaders have to live it.”
Heineman said instilling these framework ideas within a company have become more important — and more possible — as general counsel have become more “sophisticated, capable, and influential” within a company.
“They are now a core member of top management, participating in discussions beyond risk and the law, to include opportunities and business development,” he said.
University of Calgary law professor Alice Woolley has been appointed Calgary’s first ethics adviser. Woolley takes the role alongside Allen Sulatycky, a former associate chief justice of the Court of Queen’s Bench of Alberta, who has been appointed as the city’s independent integrity commissioner.
|Alice Woolley says her new job is to help city councillors navigate the ethical boundaries of their roles.|
Woolley, an outspoken academic who writes about legal ethics and professionalism, also has a background in administrative law. Her new role will be helping city councillors navigate the legality and ethics of their individual actions, she says.
“City council discharges a statutory function. They have a specific role that they occupy and there are things they should do in that role and things they shouldn’t do in that role,” says Woolley. “My job is just to help them navigate that boundary to the extent there are issues that they’re worried about.
“It’s not about helping them be good, upstanding citizens of the city of Calgary; they’re more than capable of doing that on their own. It’s just a question of in this role, there are things you ought to do and things you ought not do, and sometimes, like in all roles, the difference between those is not always obvious,” Woolley adds.
If complaints about members of city council can be resolved by an apology or via mediation, it would fall into Woolley’s role. Sulatycky would handle more complex complaints requiring full investigations and hearings.
Woolley will remain a full-time professor of law at the University of Calgary.
“I’m not leaving; I’m still going to be at the university and I’m still going to be writing things that get under the skin of people,” she says with a chuckle.
“It will be complicated to make it work time-wise but it’s not taking away my university job and I’d never have taken it if it was,” she adds.
According to Nenshi’s office, Sulatycky will be the first city integrity commissioner in western Canada. A former MP for Rocky Mountains, he previously served on various House of Commons committees and as parliamentary secretary to both the ministers of Energy, Mines and Resources and Indian Affairs and Northern Development.
Sulatycky was appointed to the Court’s Queen’s Bench of Alberta in 1982. He later became a judge of the appeal courts in Alberta and Nunavut before his appointment as associate chief justice of the Court of Queen’s Bench of Alberta. Sulatycky retired as a judge in 2013.
By June, Sulatycky and Woolley are to provide city council with a report with enhanced definition and scope of their roles. They’re also to present a plan to transition responsibility for the city’s whistle-blower program (as it relates to council members) from the city auditor’s office to the newly created integrity and ethics office.
Man charged with murder of Halifax yoga instructor, Canadian Press
Hundreds contesting payments from Lac-Mégantic settlement fund, Canadian Press
A new program in Calgary offers three free hours of advice to entrepreneurs and startups, in an effort to connect businesses to legal services they need to expand.
|‘We looked at what is being offered by large firms for startups and we saw an opportunity to provide a different kind of service,’ says Karen Keck.|
The firm calls this is a diagnostic consultation, and also provides a customized legal services plan for the business based on the meeting.
“We looked at what is being offered by large firms for startups and we saw an opportunity to provide a different kind of service,” says Karen Keck, a partner in Bennett Jones’ Calgary office.
Kelly R. Ford, an associate in the Calgary office, says the program started to take shape more than a year ago. Lawyers with the firm talked to a number of startups to find out what they needed most from a law firm as they built their businesses. The result was the program.
“We’ve seen startups get poor advice at the start of their business, and it’s disheartening to see them get started on the wrong path, and we wanted to provide them with high-quality advice that will help them grow,” says Ford.
The firm has teamed up with Innovate Calgary, VA Angels, District Ventures, and the Entrepreneurs’ Organization for the program. The program was designed after consultation with more than 10 representatives from startups, accelerators, incubators, and entrepreneurs.
“Entrepreneurs and startups have an opportunity to come and meet with us, which really helps us to develop and foster our relationship with them. After the consultation, we provide them with a report to help guide . . . what type of legal services they may require and then a Kickstart participant is then able to retain us, and we’ll provide the services we provide to all startups,” says Keck.
Ford says Kickstart is a “customized” and “bespoke” plan for startups and entrepreneurs on how to address any potential legal concerns. The firm then makes sure its fees are cost-effective and predictable for the client.
“The diagnostic consultation, and the report, they come at no charge,” says Keck.
“If we’re subsequently engaged to provide legal services, then we provide them at predictable rate to Kickstart participants. This is really the most important aspect of our rate . . . innovators have told us how important this is, so when they know what the cost will be up front, they can assess and budget effectively to work that into their startup plan.”
“When we were setting up the program, we went out and spoke with a lot of individuals in the innovation community and asked them, ‘What do they need? What’s important to them?’ and it really is budgeting,” says Ford. “When you’re working on an hourly model, they don’t have maybe a strong sense of how much it’s going to cost at the end of the day to get what they think they need done, done.”
So far, they’ve worked with startups and entrepreneurs in the energy sector, technology, retail, and retail distribution. They’d like to see the program grow and include people like social entrepreneurs.
Keck and Ford say the current economic climate in Alberta is not a barrier to innovation.
“We see that there’s an opportunity here. I think that innovation can play a meaningful role in the province’s recovery, and we really want to be part of that, on a national scale and provincially. I think the governments are interested in this, as well, and have stressed the importance of innovation at this time for Alberta,” says Keck.
Submissions are open for the third edition of the TrustLaw Index of Pro Bono, the world’s leading global pro bono survey.
|Law firms are invited to submit their pro bono data through an online survey before May 23.|
“Pro bono data matters,” says Serena Grant, the director of TrustLaw, a part of the Thomson Reuters Foundation. “This is the feedback we have received from firms large and small — whether used by a pro bono co-ordinator to advocate for better resources or a firm setting up its pro bono practice and wanting benchmarks on how their counterparts have structured their practices.”
The Thomson Reuters Foundation launched the TrustLaw Index of Pro Bono in 2014 to provide analysis on the key national, regional, and global trends shaping the pro bono marketplace, and to assess the pro bono participation of law firms on a country by country basis.
“Acclaimed pro bono surveys have long collected data on a national basis in markets such as England and Wales, the U.S., Australia and even in parts of Latin America. Yet, there was not a comprehensive report mapping trends and measuring pro bono engagement on a global basis until we created the TrustLaw Index of Pro Bono,” adds Grant.
In Canada, Canadian Lawyer conducted the first survey of pro bono activity in this country in 2014.
Its unique global reach allows the TrustLaw Index of Pro Bono to unearth relevant, yet previously unexplored trends in pro bono markets from Cambodia to Germany to Colombia, highlighting successful programs as well as identifying gaps in pro bono participation.
“Since different cultures and jurisdictions hold diverse attitudes to pro bono, we created a definition of pro bono that allows for consistent submissions globally, and that enables comparison across the findings,” explains Grant.
The TrustLaw Index of Pro Bono also recognizes the role of local law firms in advancing pro bono, especially in jurisdictions such as India, which restrict the operation of foreign law firms.
The findings challenge the conventional notion that international law firms are better resourced to commit to pro bono practices. Rather, the TrustLaw Index of Pro Bono is a platform where firms of all shapes and sizes can share their experience and expertise.
The 2015 findings unveil an incredible enthusiasm for pro bono with 2 million hours of free legal support provided by the 140 respondent firms across 76 countries, and an average of 43 hours of free legal assistance invested annually by individual lawyers.
In Canada, the Index reported that fee-earners at respondent firms on average performed 14.8 hours of pro bono work in 2015. The Index compared Canadian firms with other firms across the Americas (though excluding the U.S. given the very significant resources devoted to pro bono there) and found that Canadian lawyers performed broadly the same amount of pro bono on average to their colleagues throughout the region (14.8 hours compared to a regional average of 14.6).
It is well known that Canadian lawyers have worked to promote access to justice through both legal aid and pro bono work for many years, and this has generally been conducted at a provincial level. In recent years, however, with the founding of Pro Bono Canada in 2012, pro bono in the country has become more organized on a national scale.
This year’s Index aims to explore this trend further, welcoming feedback from Canadian law firms on their pro bono service to build a more comprehensive picture of the country’s pro bono landscape. Law firms are invited to submit their pro bono data through an online survey before May 23.
“More and more around the world, barriers to pro bono are falling, participation is up, and lawyers are excited to make a difference in their jurisdictions and beyond. This sea change is happening in no small part thanks to the TrustLaw Index of Pro Bono. It is an aspirational tool for us to gauge how we’re doing, and inspires us to do more,” says Louis O’Neill, pro bono counsel at White & Case LLP, in anticipation of the 2016 TrustLaw Index of Pro Bono.
Findings of the 2016 TrustLaw Index of Pro Bono will be launched July 18.
Vancouver’s Battle of the Bar Bands will feature an officially recorded lawyer band on stage June 10 at the Vancouver Commodore Ballroom.
|The Disclaimers will be one of the bands taking to the stage to raise money on June 10.|
“While we try to do original songs,” says Haberl, who will be on stage, “The reality is that is a party venue and those attending are waiting to hear well-known music. So, I try not to overload with original material.”
The battle of the bands sells out each year and annually raises $100,000 for the B.C. branch of the Canadian Bar Association’s Benevolent Society, for a total of about $1.5 million over the event’s 15 year history.
This year’s event will feature eight bands: the Disclaimers, Chris Jackson Band, the Crumbling Skulls, House Arrest, Standard of Hair, Still Living at Home, and TOAD (Too Old and Difficult). The judges will ber a mix of lawyers with musical backgrounds, members of the judiciary, and media. This year’s media judges include radio and TV personality Vicki Gabereau and CBC radio’s Rick Cluff, who will also serve as emcee.
Stephanie Hacksel, a partner in ZSA Legal Recruitment which is the chief sponsor and provides winning cups, says good support is derived from Vancouver’s legal community with law firms making donations.
There are three cups given out each year, she says. The winning band captures the coveted top trophy cup for best band, while cups are also given out honoring the legal firm and non-legal firm that made the largest donation.
Singleton Urquhart lawyer Roger Holland, who has been involved with the event since it began and is a member of the Benevolent Society’s board, says this year’s line-up of bands included old favourites but also three newer bands, one a newly-formed group out of Surrey.
The new bands add to the competitive nature of the event and make it harder to predict a winner, he says.
“I give the judges suggested criteria for the bands such as originality, performance, and crowd response,” says Holland. The judges then rate the bands on points. Each band is made up of 80 per cent lawyers or members of a law firm.
Holland says the Battle of the Bar Bands has two objectives.
“The first is to raise money for the CBABC Benevolent Society,” he says. “The second is to provide once a year an entertaining evening for the audience who turn out.”
He says the battle is a great outlet for the legal community’s creative musicians. Many have played in bands or still play in bands professionally, he says, but there are also those who are “pretty darn good and could have played in bands professionally.”
The CBABC Benevolent Society is a provider of last recourse, says Holland, as each year it provides money to lawyers whose insurance may not cover costs of a medical or personal emergency or tragedy.
Holland says there have been “horrific” stories of illness and events that have affected lawyers, such as dealing with a child with a rare disease or needing financial support for medical services.
“We routinely provide grants to a lot of deserving people,” says Holland. “We have people who fall between the cracks and this is a way for lawyers to take care of their own.”
Tickets for the event can also be purchased on an individual basis ($35 for non-lawyers and $75 for lawyers) as well.
Man shot by police on Algonquin reserve has died, Canadian Press
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