Mayte Blanchard, Author at Legal Innovation Forum

Embracing the human factor to attract and retain top talent

Panoramic shot of Vancouvers Iron Workers Memorial Bridge

By Lucy Saddleton, Managing Editor, ADB Insights

As businesses and law firms have faced a wealth of transformational shifts in recent years, retaining and attracting the next generation of legal talent presents many challenges as well as opportunities. A new focus on work-life balance and mental health awareness have changed the way many legal teams operate.

Historic work models have shifted in the past decade, with in-house counsel roles becoming increasingly desirable and many lawyers rejecting traditional career paths.

“We’ve seen an amazing professionalization of the in-house bar, with people choosing to work in-house right from the start of their careers,” says Conni Gibson, chief legal officer and corporate secretary at Interac Corp. “We see thousands of resumes from amazingly qualified students who want to come and article with us and build their career in-house.” Interac also recruits lawyers who have been highly successful in private practice and choose to move in-house, Gibson adds.

Gibson will be speaking at the Legal Innovation Forum in Toronto on May 15.

The COVID-19 pandemic accelerated the rise of technology and remote workplaces, allowing for more flexibility, and fundamentally changing the narrative for firm and corporate culture. Loblaw Companies is no exception.

“We moved from essentially being five days in the office to being entirely remote, and now people are returning to a hybrid world, so that’s the next evolution,” says Nick Henn, EVP and chief legal officer at Loblaw. “Frankly, it’s taken people a long time to work out how we can get the best of what we used to have while embracing what we learnt through COVID to create the best of both worlds.”

Like many legal departments, Cineplex has mandated three days per week in office for team members, following the end of pandemic-driven disruption.

“This is not based on improving productivity, and it’s definitely not a lack of trust,” says Thomas Santram, SVP, general counsel at Cineplex Entertainment. “It really was based on a desire to stay connected with each other and remain an effective team. Cineplex is a creative company in a creative industry, and the entire industry is rooted in collaboration, so it was important for us to maintain and continue the personal connections we have,” he adds.

Although video-conferencing technology has provided more flexibility and a wider geographical talent pool, the era of remote work can have a negative impact on the development of articling students, according to Gibson.

“Our first year articling students want to be in the office to be a part of something, but if other people aren’t in the office, that thing they want to be a part of just isn’t happening. There’s nobody here for them to learn from and shadow and join meetings with,” she says.

Following the generational shift towards work-life balance, many legal teams are choosing to promote mental health awareness.

With May being Mental Health Awareness Month in Canada, the legal department at CIRO (The Canadian Investment Regulatory Authority) recently launched an initiative with the Canadian Mental Health Association intended to foster a supportive and understanding workplace culture. The program incorporates interactive activities, educational resources and a platform to facilitate open dialogue.

“We are trying to emphasize the importance of nurturing your mental well being and to focus on wellness,” says Jennifer Armstrong, general counsel and corporate secretary at CIRO – another speaker at the Legal Innovation Forum. “Our culture supports mental health here at CIRO, and it also paves the way to help with resilience when we do face challenges, so it’s a proactive measure,” she adds.

Building a strong corporate culture with a focus on wellness can help to attract and retain talent at a time when some legal departments are struggling with rapid turnover.

“At CIRO, our employees identify and align with our purpose – and that’s to protect Canadian investors and uphold the integrity of the capital markets – so we do not suffer from turnover,” says Armstrong.

Employee engagement strategies are essential to make people feel valued and create a positive corporate culture, Armstrong says. For example, CIRO conducts quarterly anonymous engagement surveys to allow employees to give feedback and make suggestions. The organization has also put in place an advisory committee to help improve diversity,equity and inclusion. Among many DEI initiatives, CIRO recently sponsored employee participation in the First Nations University course on the Four Seasons of Reconciliation, which Armstrong says was well received by her team and across the organization.

At Cineplex, the legal department has built an appealing culture to align with the creative, forward-thinking image of the company brand.

“While the entertainment field is inherently appealing, I think our corporate and departmental culture sets us apart,” says Santram. “We’re a department that places emphasis on respect, and I think my obligation, in terms of managing the department, is to provide growth opportunities and to provide autonomy as much as possible. I work with phenomenal professionals and I’ve learnt that they thrive when they’re given the tools they need to succeed.”

In order to attract and retain talent, Santram offers his team the opportunity to try new roles and work on different types of files, or to cross-train in different areas of the business to build new skills. Team members also have the opportunity to attend industry events such as movie premieres, TIFF and award shows. Santram’s team also benefits from corporate social events where they watch movies and enjoy popcorn in the office screening room.

“I want people to feel comfortable and valued and to enjoy the environment that they work in,” says Santram.

Many lawyers are learning non-legal skills and choosing innovative, lateral career paths as opposed to climbing the traditional ladder. At Loblaw, Henn notes a rise in tech-savvy lawyers and an interest in moving to non-legal roles.

“We certainly have lots of examples of lawyers moving into business roles which gives them a chance to shine and be a competitive advantage to the business,” says Henn. “I’ve seen people move into compliance, operational roles, communications or ESG roles. A lot of organizations have embraced the idea that legal training is a pretty good basis for people to take on different things.”

Armstrong agrees that in-house lawyers are increasingly combining legal knowledge with industry knowledge and business acumen.

“I see this concept emerging of the business lawyer as an influencer,” says Armstrong. “Legal advice is obviously the first mission of lawyers but it can’t be isolated. I know I’m doing much more than just providing day to day legal advice.”

At Interac, Gibson strives to help employees reach their career goals by talking to them and asking what they hope to achieve and then encouraging them to take on new challenges to build the necessary skill set.

“I’m a big believer in authenticity and doubling down on the art of listening,” says Gibson. “It’s really important for young people to talk about career paths,” she adds. Gibson also believes in empowering her team to make decisions for themselves, rather than micromanaging.

“Empowerment is taking a leap of faith as a senior manager. They may not always make the right decision but you have to let them try and see where it goes,” she says.

Hear more from Gibson and Armstrong at the Legal Innovation Forum on May 15.

Agents of change at the intersection of business and law

By Lucy Saddleton, Managing Editor, ADB Insights

In a complex operating environment, legal department leaders are playing a critical role in balancing risk management with growth for the organization. As new challenges and alternative business models emerge, legal teams must continuously act as agents of change by evolving their innovation strategies to mitigate risk and and grasp new opportunities for the business.

The recent profound disruption of AI, together with increased competition, inflation and environmental awareness, has contributed to new risks across industries – and new responsibilities for general counsel.

“It used to be that a general counsel’s role was to block and tackle for the organization with respect to the laws out there,” says Av Maharaj, VP, legal and corporate affairs at the Kraft Heinz Company. “Now general counsel are expected to add significant value and take on different functions.”

The legal team at Kraft Heinz has partnered with outside expertise, particularly in the AI space, and they are asking law firms and other external partners to be more innovative with billing practices and the ways in which they add value to the business. Immersing legal into the entire business is also key, Maharaj says.

“We have stopped looking at ourselves as dispassionate from the business,” he says. “While we have a unique role and unique obligations in the enterprise, our role is not to block and tackle any more, but to add value by seeing over the hill to the next challenge. You have to have an understanding of the business, and you have to use the law to your advantage in order to advance your organization,” he adds.

Maharaj will be speaking on this topic at the Legal Innovation Forum in Toronto on May 15.

Other challenges facing legal departments this year include sourcing top talent and finding the right external support and ideal billing arrangement.

“Finding the optimal model has certainly been a challenge. Do we deal with a few firms or spread the wealth?” says Anthony Ruffolo, AVP, general counsel and corporate secretary at Honda and Honda Financial Services. Ruffolo is also speaking at the Legal Innovation Forum in Toronto.

Ruffolo’s approach is to select external counsel partners in a specific practice area who can provide value, as opposed to favouring one firm. The remote working landscape has made it easier to find the optimal choice for each purpose, from a competency and pricing perspective – albeit someone from a different geographical location.

General counsel are increasingly embracing technology, particularly with regard to workflow management in the hybrid working environment.

“We’ve implemented a number of new tools to track workflow so that leadership in the legal function can see when a file was opened and track the progress and determine how many hours were spent,” says Ruffolo. This also allows business partners to track the matter in real time, he adds.

Engaging with business partners to support the organization and help drive change is a key part of the role of legal department leaders. Ruffolo and his team regularly hold legal awareness sessions to help educate business partners on the role of the department and encourage them to reach out.

“It helps the business spot potential landmines and risks so that they are a bit more proactive and will be more likely to approach legal when they are engaging in certain matters, so it really helps from a risk management perspective, and it also helps establish that rapport,” says Ruffolo.

For Sandra Perri, SVP and general counsel at Sun Life, the role of legal department leader has become more about strategic advice and less about pure legal advice in recent years.

“Paying attention to what’s happening in the external environment has become more relevant” says Perri, who will also be speaking at the Legal Innovation Forum in Toronto. “There’s an expectation to be more technology-savvy and digital in our approach, and even more multidisciplinary in our skillset than we had been previously.”

Advancing technology provides legal teams with the opportunity to grow their capabilities and skill sets by taking on new roles within the organization, and allows in-house counsel to help shape business outcomes.

Perri notes more emphasis on cross-training and coordination between teams and business groups, to allow for a more seamless experience in helping the organization achieve its goals.

“We embed ourselves in every level of the business, from executive leadership tables right through to working group forums, to make sure we’re working in lockstep with our partners to understand short, medium and long-term goals and how we can best support them, and anticipate and manage risk in real time,” says Perri. Being open to continuous learning will allow teams to enable and support change and innovation, while managing risk, Perri adds.

The evolving business landscape has created new priorities for the legal sector, generating a rise in alternative business models that allow for flexibility and remote or hybrid work.

According to Anoop Dogra, managing partner at Simplex Legal, one of the key challenges for legal departments is managing ever-increasing law firm rates. As a result, they are increasingly seeking flat-fee arrangements or other alternative billing plans.

Dogra – another speaker at the Legal Innovation Forum on May 15 – advises in-house legal departments to consider fractional help from a company like Simplex, to alleviate the burden of a full-time hire or the cost of law firm support.

“Companies need to think about what their staffing needs are,” says Dogra. “Getting someone in as a permanent resource may not be the only solution available to them. The advantage of a flexible model is that when things slow down, we can have a conversation about whether or not they still need that resource.”

Of course, there are risks associated with seeking help from an alternative business model, so it is important for in-house teams to do due diligence to ensure that the lawyers they are considering hiring are capable and competent.

“There are a lot of providers in the market who have a flashy website and a splashy ad campaign, but at the end of the day, you have to dig down and find the substance,” says Dogra. “The challenge from the perspective of legal departments will be finding the right balance between cost efficiency and service, so they’re not sacrificing service and efficiency for the sake of cost.”

Hear more from Maharaj, Ruffolo, Perri and Dogra at the Legal Innovation Forum in Toronto on May 15. Register here.

The new landscape of personal injury law

By Lucy Saddleton, Managing Editor, ADB Insights

In a changing world of medical advancements, increasingly sophisticated technology, and the rise of social media as evidence, personal injury law firms must continuously adapt to stay in touch with the needs of clients. Leading firms are evolving their business strategies and diversifying their portfolios to attract new clients and remain successful amid growing competition.

Top players in the North American personal injury space came together at the Legal Innovation Forum’s Personal Injury Law Webinar on April 24 to discuss the drivers and trends that are shaping their businesses, and to share tips for innovative practice management.

DRIVERS & TRENDS

Among the key trends in Canada, panelists noted an increase in drunk driving accidents during the pandemic which has now leveled off, although texting and distracted driving continue to be a problem.

“We’ve seen a dramatic increase in fatality claims, particularly pedestrian fatalities,” said Warren WhiteKnight, a partner at Bergeron Clifford LLP – an Ontario-based personal injury firm. This rise in claims around fatalities and serious injuries caused by distracted driving, combined with ongoing court delays since the COVID backlog, has resulted in significant challenges for plaintiffs, WhiteKnight noted.

Smart cars are also causing a rise in automobile accidents.

“Smart cars are heavier and cause more damage than a regular car,” said Sandra Zisckind, managing partner at national firm, Diamond & Diamond. “The amount of damage that a smart car can do when they get into an accident with another car is significantly higher than with a regular car.”

With self-driving cars coming on to the market, and Tesla announcing the upcoming launch of its robotaxi, personal injury cases are likely to surge.

However, one of the benefits of technological innovation for personal injury lawyers will be the availability of data from self-driving vehicles, electric bikes, wearable devices and other robotic products.

“If the property damage isn’t evident from visually inspecting vehicles, you’ll be able to download that data for basically anything,” said WhiteKnight. “The future is going to be very quickly evolving in terms of having to understand these technologies in our different cases.”

In another interesting trend, insurance companies in the US are taking a particularly aggressive stance with regard to paying out claims, according to Kenny Eliason, CEO at RECORD – a Las Vegas-based legal tech start-up that serves the personal injury space.

“Insurance companies have really tightened the purse. They are holding back money that was easily and readily available before the pandemic,” said Eliason. Hospitals are also deferring accepting health insurance payments until personal injury claims have been approved. Eliason added.

In another trend, defense attorneys are increasingly losing cases to in-house attorneys as technology has simplified surveillance, Eliason noted.

“There’s so many tools like drones, and social media and other ways to surveil the plaintiffs out there, which makes it really easy for a defendant,” said Eliason. “There’s ethical considerations of course, but if there’s any question or any doubt, these guys can easily spin up some surveillance on a plaintiff really quickly and cheaply.”

Amid the shifting landscape, new areas are emerging as potential opportunities for personal injury firms. Growing public awareness of sexual assault cases, as well as the public reckoning with long-term case and elder care issues have opened up new areas of interest.

“One good thing is that the no-limitation-period on sexual assault gives us an opportunity to go back and right some of the wrongs, and unfortunately, with sexual assaults, it’s one of those things where you open a Pandora’s box, and if there’s one, there’s usually plenty,” said Zisckind.

Panelists agreed that the generational shift has made it more critical than ever to stay in touch with clients and meet them where they want to be met – whether it be through texting, email or in person.

“It’s a really cool space in regard to the technological innovation that is happening in real time,” said Eliason. “Bringing on something as simple as text messaging where you might not have had it before can really shift the operational costs of a law firm.” While technology is a valuable tool, some clients prefer to meet face-to-face.

“It’s really important to maintain the personal touch and the human connection while leveraging technology,” said WhiteKnight. “When you walk into someone’s home, you get a sense of what the family is like and how close they are, and that really weaves into your narrative.”

PRACTICE MANAGEMENT

Speakers in the second session of the Legal Innovation Forum’s personal injury law webinar revealed how they are gaining a competitive edge through innovative practice management, portfolio diversification, new technology, and innovative marketing approaches.

BC-based firm Hammerco Lawyers has been going through a major transformation in the wake of the ICBC’s introduction of minor injury caps in the province, and changes to the processing of claims.

“This was an immense change that would affect about 60 percent of our practice so we needed to make some changes and build new practice areas,” said Morgyn Chandler, managing partner at Hammerco. The firm, which previously relied heavily on motor vehicle accident claims, went on to expand into other areas of business including sexual assault and civil assault as well as class actions, estate litigation and commercial litigation.

During the pandemic, it was announced that BC would become a full no-fault jurisdiction, leaving many personal injury firms floundering.

“Thankfully, we had already taken these steps to diversify, so we knew we had a runway of about five years of inventory of existing files,” said Chandler. “We were also able to scoop up some practices and acquire some firms that made the decision when they saw no-fault and suffered some downturns in the pandemic to get out of the business.”

Hammerco also chose to bring on a new COO from a non-legal background who would treat it like a business and build efficiencies while the firm rebranded with the help of a brand strategist and digital innovation.

Ontario-based Gluckstein Lawyers has also diversified its files in the past five years, starting with medical malpractice.

“This isn’t an area that you can just decide to jump into suddenly without experience,” said Jan Marin, senior associate at Gluckstein. “We needed to partner with experienced counsel in these areas.”

Partnering with senior people from other firms can help bring credibility and expertise, Marin said. It is also beneficial to leverage the talents and interests of the existing internal lawyers, Marin added. Gluckstein also went on to expand into sexual abuse, class actions and mass torts.

As part of the rebranding process, Gluckstein went through a SWOT analysis to determine the strengths, weaknesses, opportunities, and threats impacting the firm and used this information to build a mission statement.

Successful firms are embracing technology, shifting to the cloud and making use of digital platforms and case management software tools such as Filevine.

When funding is a challenge, personal injury lawyers and their clients often turn to BridgePoint Financial – a nationwide boutique firm providing litigation financing solutions that are designed to address specialized funding for clients who are underserved by traditional lenders.

“We often hear from law firms that the banks just don’t understand them,” said Missy Yeboah, director of client services and operations at BridgePoint. Over the past five years, BridgePoint has launched a number of solutions to help, including the File Funder program, which is designed to address the growing demands for disbursement financing, and provides a solution that firms can use for individual disbursements such as court filing fees.

The firm also launched its Expert Access platform, which helps personal injury firms grow their practices while managing the cash flow fluctuations inherent in contingency fee arrangements. The program combines the ability to source the most qualified experts anywhere in Canada with the option to defer payments for reports until settlement with no interest for two years.

Many firms are also taking advantage of the BridgePoint Portal – an online web based application that allows lawyers to easily find specific files, and also offers real-time balances and invoices.

“I am one of the main architects for the BridgePoint Portal and I really wanted to design something that alleviated the work of reconciling data related information, that was straightforward and user friendly, and spoke to a law firm’s needs, and fills that gap,” said Yeboah. The firm frequently makes updates to the platform to address the evolving needs of the market.

The webinar was moderated by Andrew Bowyer, founder of ADB Insights, and Heather Suttie, legal market strategy & management consultant at Suttie.

Mastering Digital Risk

Man typing on computer requiring a vpn with phone and plant in background

Experts discuss the importance of cybersecurity amid the rapid rise of generative AI and evolving privacy laws

By Lucy Saddleton, Managing Editor, ADB Insights

With the onslaught of emerging technologies including the rapid rise of generative AI, businesses are increasingly digitizing their operations, leaving them vulnerable to risk.

Cybersecurity threats, intellectual property theft, service disruptions and reputational damage are significant concerns, as well as the potential for AI-generated misinformation, so savvy businesses are taking measures to apply new layers of protection to ensure business resilience.

Since the pandemic, many companies – including those in the aerospace manufacturing industry – have struggled, and continue to struggle with supply chain issues, so they are turning to AI to improve efficiency and productivity in the manufacturing process.

“We can expect AI to grow in the coming years in the aerospace industry, and with that comes risk,” says Chanelle Charron-Watson, director of legal services, litigation, claims and aviation safety at Bombardier. “We need to safely integrate AI into our operations to experience the benefit of the technology while also avoiding potential risks.”

Charron-Watson is among the speakers in the line-up at the Legal Innovation Forum’s half-day forum to be held in Montreal on the afternoon of March 27.

Not only do legal departments need to carefully plan the integration of AI to protect the business from cyberattacks, but they must also be aware of ethical issues when it comes to protecting personal data and trade secrets – particularly in a sophisticated and complex industry such as aerospace.

“There are only a handful of OEMs [Original Equipment manufacturers] in the world that do what we do, which is build aircraft that fly and are certified, so that creates a very competitive environment, and the trade secrets – the secret recipes to do that – are the crown jewel of every company so they must be protected,” says Charron-Watson.

Privacy is of critical importance to Canadian organizations as they grapple with ever-changing legislations in different provinces – with Quebec currently leading the way with Law 25 – to ensure that customer data is protected. In fact, it has become a global concern in the digital age as it is impossible to know exactly where your data resides.

“In Canada, what’s challenging is complying with the different patchwork of legislation – with different federal and provincial legislations,” says Caroline Poirier, partner at Bennett Jones in Montreal. “The reality is that data is traveling across the world, and depending on which technology your service provider is using, your data can be accessed and viewed by subcontractors and employees in different locations in the world – whether or not they have privacy legislations in those jurisdictions.”

Poirier – who will also be speaking at the Legal Innovation Forum in Montreal – recommends creating a data inventory to know what information your organization is collecting, and how it is being used and disclosed. This will help to determine the level of risk and the type of measures that should be implemented to safeguard the data.

No matter how careful you are and how tightly controlled your data may be, a cyber attack is inevitable, Poirier adds, so being adequately prepared is key.

“Everything needs to be laid out and tested,” says Poirier. “You should have a mock incident and know how it’s going to play out, and you should have tools in place and a group of people who are going to be involved. It means investing time in something that may never happen but the likelihood of it happening is very real.”

It is also critical to establish clear cybersecurity goals that align with the mission and objectives of the individual business, and to promote a vigilant culture by conducting regular training sessions with employees on security best practices.

A strategically planned cybersecurity program can also help to build trust and enhance the reputation of the business.

“Security is no longer just a functionality,” says Poirier. “It is an asset because clients are very mindful of it. It’s down to the service provider to build trust and be very transparent about how they use data – not just for legal reasons, but because it’s ethical.”

Sophisticated AI technologies including AI-powered remediation, deception capabilities, enhanced threat intelligence, and Large Language Models for password security, can be helpful to safeguard businesses, though legal departments must always be mindful of the risk they generate.

Moreover, failure to adequately invest in a well-defined digital strategy can pose further risks to the business by preventing growth, exposing the organization to cyber breaches, and allowing competitors to steal market share.

“We need to be investing in research & development, and be proactive with advanced technologies and AI,” says Charron-Watson. “AI can promote efficiency and productivity and help the supply chain, and that’s one of the biggest hurdles that every aerospace company in the world is facing right now. If you do not invest and stay ahead of the game, you will be behind the competition.”

Hear more from Poirier and Charron-Watson in the Legal Innovation Forum’s closing panel in Montreal: Mastering digital Risk: How to address emerging digital risks in a complex operating landscape. They will also be joined by Emmanuelle Demers, partner at Bennett Jones, and Kintxo Freiss, alliances & legal practice manager for North America at Dilitrust.