McCarthy Tetrault’s new CEO, Sunil Kapur, on his vision for the firm

Sunil Kapur was recently appointed CEO of McCarthy Tétrault, effective January 1, 2025.

Kapur will replace Dave Leonard, who has served as CEO since 2016.

For our CL Talk podcast, he spoke to us about his journey from labour litigator to CEO, his vision for McCarthy Tétrault, and his focus on innovation, collaboration, and diversity.

Listen to our full podcast episode here:

This episode can also be found on our CL Talk podcast homepage, which includes links to follow CL Talk on all the major podcast providers.

Below is a summary of the conversation, edited for length and clarity:

Tell me about your practice experience.

I joined McCarthys over 24 years ago after starting my legal career at the Ministry of the Attorney General, which was an fabulous training ground for me as a young lawyer. When I came to McCarthys as an associate in the labour and employment practice, my work was more generalist. Being at a large national firm, I handled a variety of matters, including advisory work, mergers and acquisitions, wrongful dismissal cases, and labour arbitration.

Over time, as I became more senior – politely put, as I got older – my practice evolved. Today, it looks quite different from when I started. Now, my focus is primarily on high-stakes labour negotiations and labour and employment disputes. For example, I have been the lead negotiator for the province in the last two rounds of education sector bargaining, which has involved some contentious negotiations in Ontario over the past five years. I was also retained by the federal government to negotiate the first-ever collective agreement for the RCMP, a landmark achievement. More recently, I acted as the chief spokesperson for the LCBO in another high-profile round of negotiations.

This is the practice I bring into my new role as CEO, starting January 1.

You started at the Ministry of Attorney General. Tell me about the shift from that role to private practice.

I agree with you that transitioning from the Ministry of the Attorney General to private practice is less common in Canada, though it’s becoming more frequent. In the US, it's quite common for lawyers to work at the Department of Justice and then move into white-collar defence work at large firms, but that's not as typical here.

As for why I made the shift from the Ministry of the Attorney General, I was a young lawyer in my fourth year of practice. By that time, I had already led significant cases for the government, including serving as lead counsel at the Court of Appeal – an experience you don’t often get so early in your career unless you’re in a place like the MAG. It was an incredible training ground, and I had the privilege of working with some exceptional lawyers who were dedicated to public service.

At that point, I faced a decision. I could have stayed at the MAG and had a rewarding career in public service, but I hadn’t yet experienced private practice. Around my fourth year, I began seriously considering it and ultimately decided to make the leap – not because my work at the Attorney General’s office wasn’t fulfilling, because it absolutely was. In fact, I’ve maintained strong relationships there, both personally and professionally, and I continue to work with the MAG as a client.

I was fortunate to join McCarthys, which has been my home for over 24 years. I’ve enjoyed a rewarding career that combines public service with private practice, and I found a firm that aligns with my interests, personality, and values.

How does your experience leading the national litigation practice group shape your perspective as CEO?

At McCarthys, the litigation group is unique among national firms – it’s the largest in the country and has a long history of renowned practitioners. When I was asked to lead the group, it was a tremendous privilege, given the exceptional lawyers we have, from associates to senior partners, across all our offices.

In terms of how this role shapes my perspective for the CEO position starting January 1, I'd say it's the culmination of all my experiences at the firm that will guide me. Before leading the litigation group, I was the practice lead for the labour and employment group, and I also served on the board of partners and various management committees. These roles have shaped my perspective and how I approach leadership.

What I’ve learned from these roles is twofold. First, you quickly realize the complexity and diversity of both the practice and the business of law. Second, while you know it as a practitioner, stepping into leadership really drives home the importance of being attuned to client needs. Clients come to us for our talent and the quality of service we provide.

Most importantly, at the heart of everything we do, both in practice and business, are our people. We work on some of the most cutting-edge and complex legal matters in the country, and we can only do that because we have the best people. As a leader, I know that being effective means placing people at the core of every decision and strategy. It’s about how we hire, promote, and retain the best talent in the country. This has been my perspective throughout my leadership roles, including as national litigation head, and it's the perspective I bring into my new role as CEO.

What are your key priorities as McCarthy Tétrault’s new CEO?

I can share my vision and priorities in general terms. As you know, when you step into a role like this, you come in with your own priorities. However, what’s crucial is listening – meeting with partners and other members of the firm to understand their perspectives on the firm’s vision and priorities. That’s what I’m focused on right now. For example, I’m currently in Vancouver, was in Montreal last week, and will be in Calgary tomorrow, meeting with our partners to gather their insights on what they see as key priorities. I believe this process of listening is vital in setting the direction for the firm.

In broad terms, my main priority is grounded in the fact that we are a people business. What does that mean? First, we will maintain and build a culture of excellence. Exceptional talent is at the core of what we do, so a top priority is continuing to foster this culture of exceptionalism.

Second, a key to running a successful law firm is cultivating a culture of collaboration. As I mentioned, meeting and listening are essential, but if you want to drive growth or change, collaboration is crucial. People should not view the firm as a place for individual success but for collective success. This is what our clients want – they retain us as a team, not just as individuals. Fostering this culture of collaboration is a key priority for me.

Finally, we will continue to embrace innovation to stay relevant to our clients. McCarthys has a long history of innovation, even before I joined the firm. We were the first truly national law firm in Canada and had to argue before the Supreme Court for that right. Looking ahead, we will keep evolving, particularly through technological advancements like generative AI. We'll also focus on sectors driving economic activity in Canada, such as energy transition, technology, and real assets, ensuring that we remain at the forefront of change and innovation.

How do you plan to strengthen the firm’s culture of diversity and inclusion?

Diversity and inclusion are deeply ingrained in McCarthys DNA, and they resonate with my personal background as well. I wasn’t born in Canada – I was born in New Delhi, India. I’m part of Canada’s immigrant story, which is such a vital part of our nation’s history. I immigrated to Canada as a young child with my parents, and we had a working-class upbringing. I went through the public school system in Toronto and Scarborough, attended the University of Toronto, and later Osgoode Hall Law School before starting my legal career.

This background has shaped my views on diversity and inclusion, which I believe are fundamentally about ensuring that everyone – regardless of gender, race, orientation, or abilities – has equal opportunities to succeed. This is not only essential for our business, as diverse perspectives lead to stronger advice and representation for our clients, but also because it's simply the right thing to do. Breaking down barriers and allowing people to thrive regardless of how they look, dress, or identify is a moral imperative.

So how do we achieve this? It starts with leadership – authentic leadership. When I speak about diversity and inclusion, these aren’t just words written on a page for me to recite. I’ve lived them, and I believe in them wholeheartedly. Authenticity is key to making real progress.

Another important element is identifying talent. We need to ensure that our systems allow us to recognize potential in individuals based on what truly matters, not superficial characteristics. Hiring and promoting individuals should always be about merit and opportunity and breaking down any barriers that may stand in the way of that.

Lastly, it’s critical that diversity and inclusion become part of the firm's fabric. I believe we’ve done that at McCarthys, but as I step into my new role as CEO, one of my key responsibilities will be to ensure that this commitment remains embedded in our culture. I will commit not only to our firm but to the wider community, and I deeply believe in it because it’s part of who I am.

What changes do you foresee in the firm’s strategy for growth and client engagement?

My initial focus, as part of meeting with and listening to all firm members, is to build out our strategy by hearing their insights on which areas of our practice and the economy have the highest growth potential. To identify where we should invest, I first look at the broader Canadian economy because the practice of law tends to mirror economic activity.

Several sectors come to mind that I believe hold strong growth potential. First, resources remain a foundational part of Canada's economy. We need to ensure we have the right talent in place as the resource sector continues to expand. Energy and energy transition will also be key drivers in the coming years. Canada’s energy landscape is evolving, and we want to be positioned to capitalize on opportunities in both traditional energy and the shift towards more sustainable energy solutions.

Real assets, including infrastructure and other significant assets, are another area of growth. Whether these sectors expand or undergo restructuring, we need to invest in talent to keep pace. Additionally, technology will play a major role in Canada's economic future, and we must ensure we’re equipped with the right people and expertise to grow alongside the tech sector.

From a practice perspective, our growth areas will support these economic drivers. This includes a talent for complex corporate matters, tax planning and disputes, and litigation. Labour and employment law, which is particularly close to my heart, is also a key area. Over the last few years, we’ve seen growing agitation within organized labour, along with more high-stakes negotiations and strikes, and I expect this trend to continue. We need to be ready to meet these client needs as labour disputes become more complex and prevalent.

While these are the general areas I foresee for growth, my ongoing discussions with partners across the firm will help pinpoint more specific areas within these sectors that warrant further investment and potentially highlight new opportunities we should explore.

What advice would you offer to aspiring lawyers and future leaders in the legal profession?

The first piece of advice I’d offer, whether it's for the practice of law or any other field, is to stay curious. Be genuinely interested and eager to learn. Curiosity is key. Secondly, there is no substitute for hard work. If you strive for excellence, know that it doesn’t happen without dedication and effort. So, be curious and work hard.

Another important aspect, especially for young lawyers, is to recognize that we are in a relationship business. Whether you’re aiming to succeed as a practising lawyer or in a leadership role, focus on building strong relationships – both internally with colleagues and externally with clients. The goal is to have people want to invest in you and your success, and that takes effort and relationship-building.

Lastly, and perhaps most importantly, always act in alignment with your values and never compromise your integrity. If you want people to believe in you and support your leadership, value-based decision-making and behaviour are essential.