Upload
vuongnga
View
214
Download
0
Embed Size (px)
Citation preview
By Johanna Mustapic President Triage Data Solutions
Thinking about pur-chasing litigation-
management soft-ware There are manyoptions out there andmore being developedall the time
Letrsquos see if we canshed some light onsome of the most commonly used soft-ware including some of their individualpros and cons However since everyoneworks slightly differently and has differ-ent requirements you will need to de-
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
WHAT ARE THE OPTIONS WE OFFER PROS AND CONS
Litigation softwarecomparison offers ideasfor law-firm managers
By Stephanie Marsh
Fasken Martineau
About a dozen BCLMA Representa-tives and Affiliates attended the As-
sociation of Legal Administratorsrsquo 38thAnnual Educational Conference andExposition in New Orleans in May
There we mingled with more than1000 delegates from around the worldincluding Brazil and Australia
ALArsquos four-day conference supportspromotes and celebrates the legal man-agement profession by providing oppor-
tunities to learn share ideas developstrategies and network Throw in a littleentertainment and a few door prizesand yoursquove got a conference thatrsquos notto be missed
SESSIONS EDUCATIONAL HELPFULThe capable New Orleans Morial
Convention Centre hosted the eventThe facility is literally a mile long atleast three other conferences were beingheld at the centre at the same time
Numerous presentations and infor-
ALA conference in New Orleans gets our busy BCLMA reps all jazzed up
TopicsA newsletter to help our members and partners stay current with the business of law Summer 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
2009 25th Anniversary of TOPICS
by Jan Whyte CPC Administrator Murphy Battista
At this special time year the in-creased hours of daylight and
abundance of sunshine often bring usincreased energy and motivation to em-bark on some sort of personal workThat means achievement focus re-solve adventure or exercise and theChange Management Formula set out in theblue box truly resonates
Even if you are not feeling the ener-gy and motivation now wersquore about toexplain to you the phenomenon of theprocess and why the chances of success
in achieving your aim of positivechange are magnified now
Through summer holidays ndash indeedany time we are able to take time offwork relax and enjoy some much- deserved lsquodown timersquo ndash our daily influ-ences are different than usual
We may have the time to say
watch TV and bereminded by com-mercials weeklyprograms andmovies that there islsquoanotherrsquo life outthere We may seesomething wewould like to ac-quire or some wayof being what wewould like to become It may be theonly time during the year we have thechance to spend quality time with goodfriends or family members and thus wemay gain some wisdom that would oth-
Goalsetting 101 to Page 12
Litigation software to Page 2 All that ALA jazz to Page 5
Goalsetting 101 ndash Motivation amp Perspective
JohannaMustapic
Jan Whyte
Why the faceSee Paula
Butlerrsquos latestadministrative-case challenge
GillianrsquosReference on
page 4
CHANGE MANAGEMENTFORMULA
DISSATISFACTION X VISIONX FIRST STEP TOWARD CHANGE
gt RESISTANCE TO CHANGE
cide what options work best for youNow if you havenrsquot looked at litiga-
tion-management software at all donrsquotconfuse it with document-managementsoftware Litigation-management soft-ware is specifically designed to manageyour evidence transcripts and pleadings(and sometimes more)
It allows you to create your List ofDocuments exchange lists electronicallypursuant to the BCSC Electronic Evi-dence Practice Direction and integrateall partiesrsquo documents into one databasethat can be sorted and searched anywhich way
All of the following programs integrateimages so that when you sort you canview the documents in that order imme-diately (Hint get yourself set up with adual monitor so that you can view theimage on the whole screen)
In various ways they each also includethe ability to link OCRs of your typewrit-ten documents so that you can search the
content of those documents
CT SUMMATION ndash WIDELY USEDSummation is a good choice if yoursquod like
to be on the same page as most other lawfirms since it is the most widely used liti-gation-management program in BCUsers can perform most functions on theirown with a moderate amount of training
It can readily handle cases of up toabout 100000 perhaps as high as 150000documents provided you have a fairly fastcomputer The cost is reasonable and isfor concurrent licenses so it can be ac-cessed on anyonersquos computer within thefirm but only simultaneously by as manylicenses as you have purchased
Real-time reporting is also built inand you can upgrade to the Enterprise ver-sion which has an SQL backend for re-ally large cases or provide web accessthrough the WebBlaze add-on
CONCORDANCE ndash GO LARGERConcordance can handle larger cases
than Summation due to a different plat-form and its ability to search across mul-tiple databases easily
The interface is clean and fairly easyto learn however it isnrsquot as easy to splitand merge documents with images and itonly tracks parentchild relationships fornative documents
Unlike Summation Concordance can cre-ate a ldquoPost-it Noterdquo on your image aswell as the usual highlighting redactingand so on
The cost is comparable to Summationbut now requires a yearly subscription in-stead of a purchase price with the optionof yearly maintenance
INSIDE INTROSPECTIntrospect can handle any case size be-
cause of its SQL back-end but you willneed a person experienced with SQL tohelp run it and to import and exportdata
Since it is IT-intensive it is probably
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 2
Domain Experts in cost recovery solutions
2400 1066 West Pender Street Vancouver BC V6E 3X1Phone 6046851078 Toll free 8006670332
wwwsaica
Litigation software to Page 3
Litigation software from Page 1
not the best choice for small cas-es
It does have document-grouping functionality built in(Equivio) to help in the reviewprocess of massive documentsets but it is much more expen-sive than either Summation orConcordance
RINGTAIL FOR REMOTERingtail is an excellent choice
if remote access is importantthrough the Internet and notjust a VPN as this product wasdesigned specifically for a webbrowser
The downsides the user in-terface has a slightly dated lookand the data needs to be loadedfrom a central location not remotely
Ringtail can handle larger casesand is similar in price to Introspect
CASEMAPCasemap is an accompaniment to Sum-
mation Concordance or Ringtail While idealfor analyzing key documents Casemap isnot recommended for managing and ex-changing large volumes of data
It also links with TimeMap which cre-ates visual timelines ndash great for use incourt While relatively inexpensive youmust pay per year using subscriptionpricing and per user
All of these programs either throughthe Internet or on a laptop allow youto access your cases remotely ndash nomore dragging binders and boxesaround
You will be able to analyze your clientrsquos case faster and know sooner howyour case looks in comparison to youropponentsrsquo
While any new program will takesome getting used to the more you use itthe more you will wonder why you shuf-fled paper for so long
You will be able to offer your clientsmore value for their money and youwonrsquot be writing off time you wastedlooking for documents
Please note that this report is based onbest knowledge of the writer regardingcosts and features of the programs men-tioned at the time of writing
All details should be verified with theindividual software provider
Triage Data Solutions is a litigation document
management company specializing in scanning
printing photocopying optical character recogni-
tion (OCR) electronic document conversion
database coding and litigation software sales and
training with offices in Vancouver and Calgary
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 3
Trusted
Cost-Savings
Specialists
Excelera Consulting Group will
bull Identify significant measurable
cost savings
bull implement best-in-class purchasing
processes
bull negotiate premium contract terms
bull monitor invoice pricing to ensure accuracy
amp savings
Specialists in
Overhead Cost
Reduction
bull
Advisors to Western
Canadarsquos Top Legal
Firms
WWWEXCELERACA bull 604-990-7786
Litigation Software from Page 2 LITIGATION SOFTWARE COMPARISON mdash WHAT FEATURES ARE IMPORTANT TO YOUR FIRMrsquoS LITIGATORS
PROCESS SUMMATION CONCORDANCE INTROSPECT RINGTAIL
Import Data Yes Yes IT intense IT intense
Export Data Yes Yes IT intense IT intense
Can export the images as PDF Yes No Yes Yes
Has spell-check for data entry Yes Yes Custom No
Multi-language support No No Yes Yes
Track progress of reviewers Manually Manually Automatically Automatically
Links with CaseMapTimeMap Yes Yes No Yes
Integrates e-discovery native files Yes Not video files Yes Yes
Transcripts Yes Yes No Yes
Real time Transcripts Yes With LiveNote No With LiveNote
Trial Presentation Links with Sanction amp Trial Director
Links with Sanction amp Trial Director No Links with
Sanction amp Trial Director
Web Access Through VPN Citrix or WebBlaze
Through VPN Citrix or FTI No Yes
SQL Structured Query Language A database computer language that retrieves andmanages data in relational database management systems database schema creation and modi-fication and database object access-control management
VPN Virtual Private Network A computer network in which some of the links be-tween nodes are carried by open connections or virtual circuits in some larger networks (suchas the Internet) as opposed to running across a single private network
By Paula Butler Lawyer
Herersquos 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 re-
ceive a $25 gift certificate to Chevron Note that yourresponse remains 100 anonymous unless you attachyour E-Business Signature with your text Even if youidentify yourself to us to be entered into the draw yourparticipation will remain anonymous to our readersWe wonrsquot publish your name neither as a respondentnor as a winner
Paula Butler is a sole practitioner who specializes inlabour and employment law from her office in WestVancouver
The case of the pregnant receptionist
Mary-Jane is one of the two receptionists at Smith amp Frankin-son and she works 7 am to 3 pm five days per week
The second receptionist works 1230 pm to 6 pm Mary-Jane becomes pregnant and takes a
year off on pregnancy and parental leave Be-fore Mary-Jane returns to work she requests ameeting with you the Human Resources
Manager at the firm At the meetingshe tells you that she has hired a
nanny and has told the nannyto bring the baby to the of-fice at three-hour inter-vals starting at 9 each
morning so that Mary-Jane can breastfeed the
baby while she is atwork You explain to her
this wonrsquot work becausethere is no coverage for reception at 9 or at noon and that itwould be inappropriate for her to breastfeed the baby while sheis sitting at reception She leaves your office and immediately re-tains a lawyer
Does Mary-Jane have any legal recourse resulting from your decision
RESPONSE I donrsquot think the firm would have a duty to accommodate in
this instance however before it got to the point of the staff member storming
out and retaining a lawyer I would hope that we could reach a mutually
satisfactory solution I would make some suggestions (eg pumping at work
in a private area etc) She did take one year off for maternity leave I have
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 4
OUR NEW SCENARIO ndash TELL US WHAT YOUrsquoD DO IN
THE CASE OF GILLIANrsquoS REFERENCE
Gillian started working as a paralegal at Hamilton John-son amp Finch in November 2008
For a few months her work is commendable and sheseems to be fitting in with co-workers but it soon becomes
clear that Gillian maybe a problem She is aslow worker with littlemotivation she makesmany mistakes and sheseems to upset her co-workers by making un-kind and critical com-ments on a frequentbasis
However Gillian isnot given a performance appraisal nor does anyone talk toher about her ongoing conflict with co-workers
One day Bill one of the lawyers with whom she worksbursts into your office and says ldquoI canrsquot take it anymoremdashyou have got to get rid of Gillianrdquo This sentiment is thenechoed by a number of other people As the Director of Ad-ministration you make the decision that Gillian should befired but as there have been no warnings her employmentis terminated without cause and she is never specificallytold why the firm made the decision
Then you get a call from another firm in town askingyou for a reference for Gillian
What do you say
HOW TO BE OUR JUDGETO RESPOND WWWBCLMAORG
This feature of TOPICS compiled by Vancouver lawyer Paula Butler
is designed to get you thinking about workplace scenarios that might
happen ndash or have happened ndash 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 senderrsquos name
nor the firmrsquos name will be revealed to the editors ndash
only your response Next edition wersquoll print a selection of your
anonymous responses ndash and provide a new scenario
The Case of the Pregnant Receptionist to Page 5
YOU BE THE JUDGE
mation sessions ensured there was some-thing for everyone
Leadership | Law Firm Succession Planning |
Electronic Document Management and Storage |
Extranets | Public Relations | Generational Di-
versity | Improved Written and Oral Communica-
tion Skills | Tchotchkes amp SWAG (Stuff We All
Get)| Legal Trends | Data Security | Profession-
al Conduct | Going Green | Effective Financial
Reports | Harassment Prevention and Correction |
E-mail Best Practices | Social Networks | Law
Firm Retreatshellip
The list goes on There were also sev-eral scheduled Ideas Exchanges based onthe size of our firms Each one had rele-vancy and cross-border appeal
BCLMA delegates gained terrific valuefrom the sessions and brought back sever-al new ideas to their firms
KEYNOTE SPEAKERSA roster of speakers delivered address-
es on leadership perception and motiva-tion including Ret Lt General Russel L Honoreacute the
commanding general of Joint Task ForceKatrina who helped restore order amidNew Orleans hurricane devastation andpaved the way for rebuilding the city
Billy Mills a Native American mem-ber of the Oglala Sioux tribe whosegold medal marathon in the 1964Tokyo Olympics is considered to bethe greatest upset in Olympic historyMills remains the only American everto win the 10000-meter run
Liz Murray now an inspirationalspeaker who grew up with two drug-addicted parents whom she begansupporting when she was just 10Homeless by 15 she completed highschool in just two years while living onthe streets attaining a full scholarshipto Harvard University
LUNCHEON FOOD FOR THOUGHTThe Association Luncheon was
packed with activity and announcements Current and incoming Executive
members were introduced Former President Dick Nigon received
the David W Brezina Memorial
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 5All that ALA jazz from Page 1
never heard of anyone asking to bring their child
in to nurse but that is not to say it doesnrsquot
happen
Hi this is Paula Discrimination onthe basis that a woman is breast-feed-ing is a form of sex discrimination un-der the BC Human Rights Code As a re-sult having a lsquono breastfeeding atworkrsquo rule can be considered sex discrimination
If an employee asks to breastfeed ababy at work the firm would have aduty to accommodate and the best op-tion is to try to reach a reasonable ac-commodation with that employee Isthere a private area where the babycould be breastfed Is there someoneother than the second receptionist whocould cover reception
The accommo-dation process is ashared responsibili-ty and the employ-ee needs to be in-volved in finding aworkable solution
There are casesof women who askto bring their babyto work to nurseand if this happensat your firm I rec-ommend that you obtain legal advicebefore answering the employee
Donrsquot forget to have a look at ournew You be the Judge case on page 4 fordiscussion in the next issue lsquoThe caseof Gillianrsquos referencersquo and let us knowyour response about how yoursquod han-dle it
Paula Butler
The Pregnant Receptionist from Page 4
Award for his outstanding service andcommitment to the ALA over the pastmany years
More than US$100000 was presentedto Smile Train the charity selected inhonour of the 10th anniversary of theALArsquos Community Challenge Week-end (The Weekend is a national eventin which 90 to 100 ALA chapters under-take a community service project intheir local areas) The Smile Train pro-ject provides children in developing na-tions with surgery to correct cleft lipsand palates The ALA donation repre-sents the largest ever received by thecharity from a single association orgroup
President Wendy Rice-Isaacs complet-ed her term passing the leadership ofthe association to Susan French KoranBefore doing so one of the two manag-ing partners with which Wendy worksattending from Columbus Ohio deliv-ered a speech of genuine respect laud-ing Wendyrsquos contributions to the firmand to the ALA over the past 17 years
Wendy has certainly played a signifi-cant role in developing the new relation-ship between the ALA and the BCLMA
Wendy with ALA executive mem-bers Dick Nigon Patti Groff and JohnMichalik helped arrange the first meet-ing to discuss the opportunities to worktogether Members of the currentBCLMA executive board welcomedWendy Patti John and Susan to Van-couver this past spring to continuebuilding the foundation of this impor-tant relationship We too appreciateWendyrsquos contributions
Susanrsquos first order of business as thenew president was to announce the ALArsquosrebranding As she presented the newbrand and explained the logic behind it acarefully planned launch occurred behindthe scenes
ALA members switched signage in theconference centre (TV monitors registrationdesk vendor hall carpet mats brochuresetc) updated the website and sent a broad-cast e-mail to all ALA members
As we exited the luncheon we eachreceived a new ALA brochure and a to-ken gift sporting the new logo This mas-
sive undertaking was impressive and byall appearances seamless
DIDDELY DIDDELY DOO BOP BOPNow for a look around The Get
Jazzed theme was prevalent throughoutthe program At the opening receptionon Sunday evening we all connectedwith each other and reconnected withour ALA CALA and TLOMA colleagueswhile Dr Jazz and the New Orleans Sounds
played traditional Dixieland jazz fol-lowed by Storming the Band touted theldquothe hottest and most versatile band inthe Southrdquo
After the opening several of us attend-ed a vendor reception on colourful Bour-bon Street All types of music flowed fromthe open doors and windows of bars andrestaurants while patrons tossed beadednecklaces from second-floor balconiesThe Encore Reception late Tuesday af-ternoon was titled Lagniappe a Cajunword meaning ldquoA little something extrardquo
Delegates visited more than 100 ven-dors in the exhibit hall placed bids at theSilent Auction enjoyed drinks and appe-tizers and encountered three differentgroups of entertaining musicians
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 6
French Quarter statutes of lsquoFatsrsquo Domino Al Hirt and Pete Fountain all musical legendsall came from New Orleans even as they helped define its music for millions
Like Vancouver New Orleans did away with its streetcar system as not being lsquomodernrsquoenough only to discover theyrsquore pretty practical and ought to be reconsidered
Maybe Bombardierrsquos showpiece during the Olympics will change Vancouverrsquos mindset
TLOM
APR
ESID
ENT
EDM
UND
REID
TLOM
APR
ESID
ENT
EDM
UND
REID
All that ALA jazz to Page 8
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Dependability Dedication ExperienceNo matter the discipline the demands
are the same
At Ricoh wersquove spent the last 70 years
honing our skills chiseling out the very
definition of what it means to be the best in
WORLD CLASS OFFICE SOLUTIONS
1888RICOH 1ST bull ricohchampionsca
multifunction systems bull colour bull high volume bull fax machines bull printers bull scanners
What it takes to be a
CHAMPION
Mult i funct ion Colour
High Volume Printers
Scanners Fax Machines
copy2007 Ricoh Canada Inc
The NrsquoAwlins Po Boys created authenticand lively Southern sounds with featuredfiddle and soundbox The Gumbo Trio
with their banjo horn and stand-up bassplayed Dixieland and Jay-Ray amp Gee ana capella group of New Orleans streetsingers from the French Quarter famousfor doo-wop strolled throughout the halldeftly putting the bop in the bop shoobop shoo bop for all of us
On Wednesday night we attended theFinale Party the theme Masquerade Wear-ing painted or feathered masks we boardedshuttle buses to Mardi Gras World anevent location filled with hundreds of sculp-tures giant figurines and parade floats
Rockinrsquo Dopsie Jr amp the Zydeco Twisters
got the crowd dancing with their uniquebrand of music Zydeco is a sort of melod-ic gumbo concocted from CajunAcadianmusic Afro-Caribbean rhythms andmelodies and blues In another area The
Jamil Sharif Quintet played smo-o-o-othjazz Indigenous music played every-where both inside and outside of the con-ference centre the entire week
THE CITY STILL RECOVERING THRIVESWhile some outer districts still show
evidence of Hurricane Katrina New Or-leans proper is beautiful and thrivingThe French Quarter is exquisite
Tall doors and shutters accent hotel andstore fronts Wrought-iron railings support-ing hanging baskets bulging with ferns andflowers trim second and third floor bal-conies Lush palms fill narrow courtyardsnestled between brick buildings Gas-fedlanterns still light many streets
Some delegates arrived a day or twobefore the conference or stayed on a fewdays after to enjoy some of the manyguided tours to plantations swamp landsor through the city itself
GREAT EVENT
We applaud our colleagues south ofthe border on the success for their 38thannual conference
Be sure to mark your calendar forBCLMArsquos own conference Oct 21ndash232010 in Vancouver BC
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 8
CONVEYMASTER
Ask us about our bull $25 pay-per-conveyance bull plan
Tel (800) 667-0332 or (604) 685-1078Fax (604) 685-9370
Go with the best Home Page wwwsaicaGo with ConveyMaster Email infosaica
Conveyancing SoftwareNew EFS Module
FUTURE ALA CONFERENCES
2010 May 3 ndash 6 | Boston Massachusetts2011 May 23 ndash 26 | Orlando Florida2012 April 23 ndash 26 | Honolulu Hawaii2013 April 15 ndash 18 | National Harbor Maryland (Washington DC area)
All that ALA Jazz from Page 6
The BCLMA hosted a sold-out event atStanley Parkrsquos Fish House and nearby
Pitch lsquonrsquo Putt on June 18More than 40 people golfed nine holes
beneath the late afternoon sun Theythen joined the more than 30 diners atthe restaurant for another successful sum-mer event
Mills Basics and ZSA were the gener-ous sponsors Brad Mills and Chad Ege-land of Mills Basics and Elizabeth Borrilland Dragana Milisic of ZSA were in attendance
HIGHLIGHTSPenny Harvie announced her upcom-
ing retirement from Fasken Martineauafter 22 years at the firm Penny will stayon at the firm until the end of July atwhich point she will enjoy the summerand consider her next life chapter
Another highlight included welcomingJohn Hawke back to the BCLMA after atwo-and-a-half year sojourn to work at anengineering firm John has taken on therole of Chief Operating Officer at LangMichener
PRIZE WINNERS GALORE Brad Mills (Mills Basics) Ernie Gau-
vreau (Gowlings) Donna Oseen(Alumni) and Ken Brennan (Gowl-ings) who posted the Best Team Scoreof 142
Sam Mann of Singleton Urquhartposted the Best Individual Score ofjust 28 and Agustino doSouto ofHarper Grey handed in the MostHonest Score (We agreed not to pub-lish the actual score)
Event sponsors and other vendors pro-vided door prizes
John Hawke (Lang Michener) won apersonal shredder courtesy of MillsBasics Carina Bittel (Clark Wilson)won a bottle of champagne courtesy ofZSA and
Roy Boal (Blakes) and Shirley Mad-
den (firm) each won gift certificates toMarquis Wine Cellars
BCLMA DOOR PRIZE WINNERSAs with every one of our social events
the BCLMA provides door prizes Herersquoswho won Cineplex Odeon Theatres ndash Penny
Harvie (Fasken Martineau) Starbucks ndash Raf Sansalone (BLG)
Julie Wong (firm) iTunes ndash Robbin Myers (firm) Cactus Club ndash Dave Bilinsky (Law So-
ciety) LCBO ndash Agustino doSouto (Harper
Grey) The Bay ndash Sarah Glazzard (Lang
Michener)
ANOTHER GREAT EVENTThank you to everyone who attended
this fun event Your participation makesour events continually successful
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
MAKING THE MOVEShellip
WELCOME NEW AFFILIATES
Kristie Hedges Alexander Holburn Beaudin amp Lang LLP Human Re-sourceshellip Karen Jenkins Stikeman Elliott LLP Technologyhellip Dan
Phung Stikeman Elliott LLP Technologyhellip Tammy Marchinkow PaineEdmonds LLP Finance
WELCOME NEW REPRESENTATIVES
John Hawke has returned to the BCLMA and has joined Lang Michener asChief Operating Officerhellip Andrea Pantages is the new Administrator at
Mandell Pinderhellip Jessica Melson is the Assistant Office Managerat Hartshorne amp Mehl
In accordance with our bylaws firms are the BCLMArsquos Members Representatives were
formerly known as Full Members Affiliates were formerly known as Subsection MembersThe
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
BCLMA SUMMER EVENT
40 golf and 70 dine at successful sold-out sensation of our June social at the Stanley Park Fish House
Penny Harvie to retire
Topics 9
By Court Services Branch Staff BC Ministry of the Attorney General
Over recent years wersquove seen an in-crease in online options in every-
thing from online shopping to e-filing ourincome taxes Chances are most of ushave used these types of services
Increased environmental conscious-ness pressures to be more efficient andexpectations for anytime-anywhere accessmean that online interactions are increas-ingly demanded and offered It is in thisspirit that Court Services Online (CSO) wasdeveloped and within that e-Filing forcivil court documents
CSO e-File service allows you to sub-mit electronic court documents in civilactions to Supreme Court and ProvincialCourt registries
British Columbia is the first provincein Canada to introduce a comprehensivee-Filing system that includes an e-Filingservice and the storage and maintenanceof court files in an electronic formatCSO e-Filing helps law firms meet theirdynamic needs
Today CSO e-Filing is available in all43 court locations Moe than 65000Supreme Court civil and ProvincialCourt small-claims documents have al-ready been e-Filed (See Resources box)
Why e-File your court documents Itrsquoseasy efficient environmentally responsi-ble and inexpensive Easy ndash E-Filing can take less than three
minutes to complete To begin youwill need a CSO account (See Resources
box) and software to convert your doc-uments to Adobe Portable DocumentFormat (PDF) All document preparation for e-Filing
is done off-line You can prepare yourdocuments using existing templates orprecedents in any word-processing for-mat and then just convert the documentsto PDF for filing There is no need for anelectronic signature or other digital cre-
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 10ELECTRONIC FILING PASSES 65000 DOCUMENTS
BC court filings increasingly electronic for all major types of BCSupreme Court and Provincial court cases except criminal
T he CSO system is the only method of filing
documents electronically in the BC court
system and itrsquos only in BC at that But there
are other jurisdictions that have a similar sys-
tem and one in particular the US PACER
system is well ahead of ours both in extent of
court coverage and user costs
We particularly thank the CSO office for
providing the accompanying article at our re-
quest but we also let them know we were in-
terested in how BCrsquos system stacks up and
with thier article in hand we asked some
questions
They told us for instance that the growth
of e-Filing in BC has continued steadily since
it was first set up as a pilot project in October
2005 with just one court location Province-
wide e-filing became available on December 1
2008 ldquoand at present there is approximately
an 8 uptake raterdquo
We also were curious about the fact that the
CSO system doesnrsquot include criminal case fil-
ings The response there are ldquono formal plans
at this time to provide access to Supreme Court
Criminal information but it could potentially
be available in the futurerdquo
The CSO is BC-only so we asked if it was
going to be incorporated into a national system
They replied ldquoThere are no formal plans to in-
tegrate the BC system into a Canada-wide sys-
tem however several provinces have shown an
interest in the systems that BC has developedrdquo
The system is in two parts input and out-
put Law firms for instance can file electronic
documents through accounts and there is a price
structure for doing so The public has free ac-
cess to a search engine and the results produced
by the search but retrieving and downloading a
document or documents from a particular
court case linked to the index costs $6 instead
of the $8 charge if a person went to a court reg-
istry and asked for a file to be pulled for view-
ing within the registry itself physical photo-
copying is extra
We asked CSO about the rationale for its
costs The reply ldquoThe BC CSO service costs are
generally calibrated to make it a user-pay service
which is funded by its use and does not impose a
burden on taxpayers by making it a subsidized
servicerdquo
In the US PACER an acronym for Public
Access to Court Electronic Records is an elec-
tronic public access service of United States fed-
eral court documents
It covers civil criminal bankruptcy and
appellate cases that are federal and itrsquos the
output side of the American system PACER is
managed by the Administrative Office of the
United States Courts It allows the public to
obtain case and docket information from the
United States district courts United States
courts of appeals and United States
bankruptcy courts
Each court maintains its own system a
small subset of information from each case is
transferred each night to the US PartyCase
Index located in Texas at the PACER Service
Center in San Antonio
Records are submitted to the individual
courts using the Federal Judiciaryrsquos Case
Management Electronic Case Files (CM
ECF) system which is the input side and has
its own cost structure It accepts the filing of
documents in PDF through the electronic filing
system of each court which maintains its own
databases with case information The index
provides the necessary links to the actual docu-
ments stored in each court
Access to all PACER dockets is available by
registering at its site
lthttppacerpscuscourtsgovgt and the
download cost is eight cents per page with a
US$240 cap per case session with payment
usually quarterly by credit card for those with
non-American addresses
Those with American addresses can get free
access via
lthttpwwwfreecourtdocketscomgt
How does the cost and range compare
BC Court E-Filing to Page 20
By John Clerides
Part of my job de-scription includes
meeting people at so-cial gatherings orbusiness eventsWhen the conversa-tion turns to whatone does for a livingwe inevitably end uptalking about wine
Most people Ispeak with have little understanding abouthow wine is sold imported or priced inBritish Columbia while ironically theyare acutely aware of the low prices forwine in the United States and Europe
When I begin to explain how our sys-tem works people often shake their headsin disbelief So let us spread this cheer byexploring the inner workings of theBritish Columbia Liquor DistributionBranch (BCLDB) and how a wine ispriced
The method used to price wine iscalled an ad valorem tax What does thismean
One source ndash Investopediacom ndash de-fines it as A tax based on the assessed value of
real estate or personal property Ad valoremtaxes can be property tax or even duty on import-
ed items Property ad valorem taxes are the
major source of revenue for state and municipal
governments
The ad valorem tax that the BCLDB usesto assess wine is 117 on the first $751of landed cost Everything thereafter istaxed at 55
Letrsquos take a wine from France with anexport price of euro3 a bottle or euro36 a caseBased on a euro160 exchange rate betweenEuros and Canadian dollars the Canadi-an equivalent value is $5760 a case or$480 a bottle
Now the fun starts An importer factors in shipping tran-
sit insurance storage insurancewarehouse charges administra-tion storage itself (usually sixmonths) the picking sur-charge delivery to theBCLDB locations fuelsurcharges (thereare two of thoseone when the wineis initially shippedand received inBC and onewhen itrsquos movedto the BCLDBrsquoswarehouse) han-dling and any spe-cial labelling
These costs usu-ally add up about$15 or $20 a caseDepending on thenumber of cases im-ported the higher thequantity the lower theshipping charges Now addon the importerrsquos profitwhich varies but usually is be-tween 10 and 20 of the ex-port price
If the importer sells a wealth ofcases they can work on less margin andmake it up in volume If it is a limitedproduction winewith good reviewsand scores theywill try to eke out abit more All ofthese costs are fac-tored in before the117 BCLDBmarkup
So take theinitial export priceof the case ofwine $5780 Addin $20 a case forshipping and othercosts plus 20 profitfor the importer Thecase of wine lands inBritish Columbia at $8910or $742 a bottle
Now the BCLDB applies itsmarkup That
$480-bottle of wine which left Francewill now retail in BC for somewhere
$23 and $26And wersquore not factoring in
currency fluctuation TheBCLDB rules are such thatif an importer applies fora listing at one retail
price and then theEuro increases by 30eight weeks later theimporter is obliged toadhere to their initialretail price
Therersquos more TheBCLDB has specificdays you can apply forprice changes If animporter has to re-pricea wine so they do not
lose any money theymay have to wait a month incurring ad-ditional storage charges It can also workthe other way too but this rarely
happens While a large percentage of the
price you pay for wine goes intotaxes and logistics it does not take
away from the care that goesinto wine on the front end
Carefully managing the landallows the soil to become
alive reducing the size ofthe harvest harvestingvineyards by handmanaging leaf growthcarefully handling vini-fication and agingpractices precisely
All these take yearsto master and all con-tribute to the qualityand enjoyment of awine Sometimes youdo get what you pay for
John Clerides is the owner
and President of Marquis Wine
Cellars John travels extensively
through the wine regions of Italy
France California Washington State
Oregon and Australia Visit his shop at 1034
Davie Street Vancouver or his website
lthttpwwwMarquis-Winescomgt
TopicsTHE BUCK STOPS WITH YOU
Why the price of winemakes you want towail and whine
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorgr S
John Clerides
JAY PATEL ARTIST
11
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
erwise not be sharedWhen you are in a relaxed state the
neo ndash cortex (the subconscious area ofyour brain) is more likely to become acti-vated This is your resource centre aplace where you can really tap into thethings that make you happy and thusbring tools that can help you remain fo-cused establish new goals and findstrength to change situations that arehonestly not working for you
Now bring the Change Management For-
mula components into this concept whenyour relaxed resourceful and reflectivemindset has had a chance to communi-cate with your logical strivedrive dailyndash performance mindset about a positivechange or goal for you to achieve it islikely that your resistance to changewhich may have spent the better part ofthe past year as the dominating factor ina part of your daily duties or desires is
now less powerful than your dissatisfac-tion + vision for what potential you canreach
It is helpful to know that fear drivesthe resistance to change whereas theendless and ominous power the subcon-scious mind provides when it comes tohuman achievement drives vision It istypical that the subconscious mind over-comes conscious fears getting to the re-sourceful state to do so is the key
Pay attention to this seasonrsquos externalforces the ones that spark your internalforces that motivate you to try somethingnew Your desire for change fuelled byyour subconscious desires has overcomethe fear thatrsquos a regular and natural pre-cursor to change
The ability of the subconscious mindto communicate ndash that is the change fac-tor that is different That is why this issuch a powerful time and why it is so im-portant to concurrently incorporate the
last component of the Change Management
Formula taking the first steps towardschange It will give you a good push tostart you swinging towards your personaland professional goals
Herersquos an exercise Letrsquos take that firststep together in the form of experiencingan amazing example of awareness accep-tance dedication and success through thefollowing story
An artist was standing proudly by hisdisplay sculpture at the Art Gallery open-ing Its colour was the traditional gun-metal it was shiny with glistening hints ofbronze and onyx-like shades throughoutthe massive winding tree-like structure
As the crowds gathered he launchedinto an introduction of the piece confess-ing that he had salvaged a gargantuanpiece of metal and intended to bring itinto its existence as a beautiful art sculp-ture The audience was captivated by the
Goalsetting 101 from Page 1
Goalsetting 101 to Page 13
Smile amp Link
SMILE
One of the new features of our redesigned
website includes the ability to post individual
profile photos next to each personrsquos 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
membershipbclmaorg
Thank you for your co-operation
LINK
BCLMA is LinkedIn
The BCLMA is now a group on the popu-
lar business-social website LinkedIncom
which can extend your existing network of trust-
ed contacts
Add the Group and enhance your profes-
sional profile
Topics 12
artistrsquos voice ndash full of wonder and fantasyndash as he continued with the evolution ofthe sculpture
Several months into the creation heexplained he thought the piece was ru-ined and worthless He had discovered adeep ugly flaw along what was intendedto be the most visible line of the intendedfigure
At first it seemed to be a small obsta-cle but as the weeks and months wentby the artist was unable to camouflagethe flaw In fact it seemed to enlarge be-coming more noticeable No matter whattechnique he used the roughness of theflaw could not be tamed not even by themost powerful commercial ndash grade steelsaw the trusted companion in all of hiscreations
For the next several years the artiststruggled with how to work with the chal-lenge He returned to face the piece from
time to time viewing its physical imagefrom different vantage points in proximi-ty and height in differing lights butcould not find a way to resolve the issue
He had loved the piece for so long de-spite its shortcoming it was a truly spec-tacular figure from all but one angle Hewould touch it dust it work on an areaaway from the flaw but no matter whathe did it eventually became obvious to theartist that this flaw would keep the piecefrom being accepted at commercial gradeby his customers and the art industry
If he were to leave the flaw as is itwould have to be displayed in a privateplace for his external reputation could beharmed if it were publicized that he waswilling to live amongst lsquosecondsrsquo with thesame attitude and charisma that he exud-ed with his lsquoperfectrsquo pieces He was fear-ful of taking a risk that might end his ca-reer
So the artist resolved that the only op-
tion was to abandon the piece to createmore room in his studio He decided toforget it in order to focus his creative re-sources on a more fruitful project
Surprisingly moments after arrivingat this raw emotional state somethingcame over him that refused to allow himto abandon the project The decision hadbeen made in his conscious state andonce his conscious mind released its holdhe found himself for the first time lookingat the real problem ndash which wasnrsquot theflaw
He stopped approaching the problemwith his business senses his logicalthought processes to do with the adviceon use of his time analysis of the productrsquos eventual profitability and hisreputation amongst stakeholders in hisartistry
Instead he approached the problemwith a tool he possessed that was morepowerful than his business brain more
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 13
SAVE THESE DATESMark your calendar with these upcoming
events and important dates
Wednesday Sept 23 2009
BCLMA ndash ALA ndash TLOMA Breakfast
webinar lsquoEvolve to Solversquo Presented by Gary
Mitchell (Vancouver) and Catherine Mitchell
(Toronto) of GEM Communications
Fri-Sat Oct 2-3 2009
ALA Region 5 Conference Fairmont Banff
Springs Banff Alberta Canada
Wednesday Oct 7 2009
BCLMArsquos First-Ever Leadership Series
lsquoLeadership amp Balancersquo Presented by
Joanne Ward BComm BEd MA CCC
Thur-Sat Oct 21-23 2010
BCLMA Educational Conference Vancou-
ver Contact Jane Kennedy at Membership ad-
dress below to join the Conference Planning
Committee
Goalsetting 101 from Page 12
powerful than his electricsaw His emotional brain +his heart became the en-gine and fuel behind the so-lution the solution that wasin sync with who he was acreator a transformational-ist a builder
With the voice of a wiz-ard the artist shared withthe rapt crowd around himwhat the audience hadbeen waiting for what hadbrought the seemingly bro-ken hopeless unattractiveand invaluable piece to thegrandure the people wit-nessed today
The first component ofthe plan that emerged fromhis subconscious state com-
mitment He truly did notwant to abandon the struc-ture despite its lack of com-mercial value He foundhimself committing to thefollowing familiar proce-dures that worked for himin the past (1) Hard physical work (2) Exhausting mental work as he focused
his attention on small progressivesteps
(3) Time a lot of time more time than hehad previously been willing to devoteand
(4) Various tools in addition to theallndashpowerful electric saw The second component patience In-
stead of brutally amputating the trou-bling piece he used the saw ndash but in amuch more gentle patient manner in or-der to shave thin layer after layer off thedamaged surface
The third and perhaps most importantcomponents in bringing about the changewere combined in attitude and respect In-stead of resenting the flaw he created anecological space for his creativity to flow asit did with other pieces that appeared lsquoper-fectrsquo He let go of the stressors ndash makingmoney and personal gain ndash to honour theinternal reasons for this project
The hours he spent polishing the vi-
able edge material flew by Ingenuitybloomed as it dawned on him he coulduse a resource he had never tried beforein his sculptures a chemical elixir to dis-solve the edges where neither the power-ful saw nor the gentle buffer could pro-duce the desired result
Success the flaw smoothed away theintegrity of the piece maintainedThrough all of the alternative processesthe artist achieved his goal bringing thepiece to a level of public acceptance andhigh market-value but that itrsquos mostvaluable to him personally and profes-sionally Thatrsquos when he said the piecewas not for sale
Everyone in the audience smiled anddrew their gaze up to the top of the struc-ture They had in that 10 minutes madethe journey from the raw troubled begin-nings to the place of a polished visionThey had during that short time livedwith the artist through his accomplish-ments in reaching the potential of the man
and the object on this seem-ingly dead-end situation
POINTS TO PONDER ndash FLEX THOSE SUBCONSCIOUSMUSCLES
If you stood with thegroup at the foot of the stat-ue without the introductionfrom the sculptor you wouldnever have known it wasoriginally rejected by its cre-ators ndash nature metal makersand the artist ndash and was onits way to becoming a worth-less object ignored by thepowers that controlled theenvironment where it trulybelonged and shone
Notice through yourjourney with this passionateartist that you are now in aresourceful state of appreci-ation for the importance ofawareness acceptance nur-ture and transformation
Is it possible for us toknow the worth of ourselvesor another without spendingsome time to become gen-
uinely acquainted with the 360 degree in-ternal and external view ndash with what wecan and cannot see Are you willing torisk answering ldquoyesrdquo to this question andnot take a deeper or more resourcefullook at yourself or others
Send me an e-mail let me know whatyou decide
Jan Whyte is a Certified Professional Coach
as well as General Manager and Administrator
of Murphy Battista Barristers in Vancouver
She can be reached at
ltWhyteMurphyBattistacomgt
She has spent 26 years working in litigation
firms in Vancouver In addition to her adminis-
trative role at Murphy Battista she consults with
staff and lawyers on various components of life in
law firms including recruitment worklife bal-
ance team dynamics such as leadership or con-
flict resolution and enhancing individual and
group performance Jan is an active Board Mem-
ber and the President-Elect of the BC Legal
Management Association
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
14Topics
SEBA
STIA
NKA
ULIT
ZKI
ARTI
ST
By Mike Bowerbank
In the olden days ndash you know way backwhen Windows 95 was new and crash-
ing computers ndash your social network con-sisted of friends you hung out with andtalked to in person
Face to face Can you believe thatIn 1995 the first large social
networking site sprang upClassmatescom gave people anew way to relive those awk-ward high-school moments It
also enabled visitors to see if thecaptain of the rugby team still had hairand his own teeth
It was more of a way to capitalize onnostalgia with a specific group of peopleso one could argue about just how muchof a social network it really was
The first of what we associate with so-cial-networking sites today was launchedin 2000 Friendstercom grew quickly andbecame so popular that it spawned sever-al copycat sites including MySpace (2003)and Facebook (2004) both of which havesurged ahead of Friendster in popularity
All of these sites allow you to post aprofile that includes all of your personaland contact information show off pic-tures of your kids and make the entireonline world aware of your happeningsSuch sites quickly became the way to stayin touch with people without ever havingto you know actually see them or talk tothem
The great thing about these sites is theease with which we can keep in touch
with people despite our time-crunched lives Rather thanphone or meet with the peoplein your life you can simplyupdate your page with yourlatest news and pictures so
that everyone can see them at onceYou can also play games take quizzesand interact with people from all over theworld
Some businesses are using social-net-
working sites tobuild their brandimage and tomaintain contactwith like-mindedcompanies andclients
One site in par-ticular LinkedIn isgeared specificallyfor professionalsand entrepreneurs and now boasts morethan 36 million members in 200 countries
GONE PHISHINGThere is a problem prevalent on e-
mail known commonly as lsquophishingrsquo
Phishing occurs when a fraudulent mes-sage urges you to visit an internet link toverify passwords account information orother personal or private details
Your participation provides crookswith access to your bank accounts for in-stance which they promptly empty
Other thieves donrsquot need to phish bye-mail thanks to social networking Mostpeoplesrsquo passwords for their logins orbank accounts are the names of their kidsor pets PIN numbers are often signifi-cant dates such as birthdays and anniver-saries If that type of information is post-ed on your Facebook page it is literally avirtual bonanza for thieves
Social networking sitesalso seem to appeal to sexu-al predators so keep an eyeon your children as theyuse these types of sites
According to Wikipediathere are now over 200 so-
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
15NOT-SO-SOCIAL NETWORKING
When I was a kid we had Windows 95and we talked to people ndash and we liked it
Topics
zsaca I 1-877-681-0706
Elizabeth Borrill I eborrill zsaca
in change
Wersquore yourpartner
Mike Bowerbank
cial-networking sites online and manypeople are on more than one
FACE TO FACEBOOKFacebook has become the most popu-
lar social-networking application Morethan 200-million users take quizzes up-load pictures contact long-lost friendsand post status updates letting peopleknow what theyrsquore doing from day today
Prospective employersalso use Facebook to look upapplicants Remember thatcandidate who was dressedto impress in your office dur-ing the interview andseemed so eloquent Thatrsquosthe same guy whose Face-book profile photo showshim passed out on the street wearing atutu with a status update that reads Party
Naked
Personal-injury lawyers use Facebookto disprove disability claims One case in-volved a person on leavefrom work because theyclaimed they were toosore to use a computerBy logging onto Face-book opposing lawyerswere able to dispute theclaim by demonstratinghow the injured personused computers regularlyto update their Facebook page Policehave used both MySpace and Facebookto check for probation violations andweapons being brandished in public
If you think your profile is only opento other Facebook users think again OnJune 12th Facebook enabled your profilepage to be viewed as a web page Theformat is wwwfacebookcomusernameand you no longer need a Facebook ac-count to view a memberrsquos profile page
TWITTER TWEETS AND TWITSJust when you thought Facebook had
taken things far enough into the ldquotoomuch informationrdquo realm along came anapplication that is the new killer appTwitter is basically a bare-bones text-based social application made with cell
phones and Blackberries in mind Youbroadcast short messages (140 charactersmaximum) known as tweets to yourworld
Twitter has become the third most-popular social-networking applicationbehind Facebook and MySpace respectively
Twitter like all social applications hassome good practical uses For examplein this recent election in Iran Twitter be-
came the organizing tool of choice for thepro-reformist camp using it to makeprotest arrangements and send globalmessages slipping these past censors(The Iranian government promptly re-
sponded by blocking Twitter and Face-book in the country showing the vulner-ability of both mediums)
While the horrific scene unfoldedduring the 2008 Mumbai attacks in In-dia an estimated 80 tweets were sent ev-ery five seconds People on the scene ofthis terrorist bombing and shooting usedtheir tweets to help compile a list of ca-sualties and to broadcast the location ofhospitals that needed blood donations
In the legal world Twitter allowslawyers in court to provide minute-by-minute information to other lawyers backat the firm This enables assisting lawyers toprepare appropriate materials as needed
With those notable exceptions ac-knowledged one canrsquot help but comparethe pragmatic uses to the vast majority of
Twitter users who consider standing inline at Tim Hortonrsquos post-worthy or thatthere is a terrible smell coming from theirfridge Twitter is used mostly as a narcis-sistic tool so that the world can know ofyour daily happenings ndash sort of a way tobe the star of your own reality show
LIKE OMGSocial networking can be fun and
useful if used sparingly and casually In-stead of getting out andmeeting each other peopleare using social networkingsites to look for love com-panionship and even extra-marital affairs And theysay romance is dead
If you joined Facebookjust to see what your kids
are up to be forewarned that you mightactually find out and wish you hadnrsquot
Donrsquot spy on your kids talk to themYou know with actual spoken words likethey used to do way back in the 20th
CenturyWhen your com-
puter screen becomesyour main window tothe world and literallybecomes your sociallife you might be ad-dicted Such an addic-tion is as serious as-andno easier to overcome
than-other addictions like gambling As the world becomes increasingly
connected it seems that people in societybecome increasingly isolated socially Itrsquosthe paradox of modern communicationand contributes to a large part of the rea-son why Generation Yndash the Millennials ndashusually excels at technology but generallylacks in social skills
If this trend continues and more peo-ple live online good social skills may endup as extinct as the 525rdquo floppy driveand the game Pong
I know Irsquom writing some things towhich online addicts may object but Idonrsquot expect to hear from them aboutit
They only read things that are 140characters or less OMG LOL
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 16
PHILI
PBA
RKER
ART
IST
When the Vancouver OrganizingCommittee for the 2010 Olympic
and Paralympic Winter Games (VANOC)sets up its on-the-ground operations inearnest this fall and winter itrsquoll be mak-ing room in a downtown Vancouver ho-tel in early February for a special Gamesdivision of the Court of Arbitration forSport (CAS) supervised by a city lawyerwho is well-known in the Olympicsmovement
The International Council of Arbitra-tion for Sport (ICAS) which is based inLausanne Switzerland is the fund-rais-ing and administrative body that tookover from the International OlympicCommittee as the Courtrsquos supervisory organization
The IOC launched the court in 1984to settle disputes amongst its sports feder-ations but within its first decade theIOC became increasingly criticized forthe strength of its influence over thecourt The ICAS was formed in the mid-1990s to create independence and an ad-ministrative structure for the courtrsquos in-creasing activities
Three permanent courts exist ndash Lau-sanne Switzerland (where the IOC isalso headquartered) New York and Syd-ney Australia But the ICAS also estab-lishes ad hoc courts such as the one forthe 2010 Games as needed The CASuses about 300 arbitrators from 87 coun-tries and handles about 200 cases a year
The CAS for the Olympic portion ofthe 2010 Winter Games will include ninelawyers acting as arbitrators to operatein the Renaissance Vancouver HotelHarbourside at 1133 West HastingsStreet from February 2 10 days beforethe start of the Games to February 28the day of the Olympic Closing Ceremo-ny
The Renaissance is one of three bigdowntown Vancouver hotels ndash includingthe Bayshore and the Pinnacle a corpo-rate sister of the Renaissance that is locat-
ed right across West Hastings street aswell as the Vancouver Club ndash thatVANOC is taking over completely duringthe Olympic portion of the Games sothey can be used by the IOC and its re-lated organizations
On March 26 the ICAS formally ap-pointed Tricia Smith ndash Vancouverlawyer and partner of Barnes Craig ampAssociates ndash as its liaison officer withVANOC In this role Smith will carry re-sponsibility for the relationship and com-munication between ICAS CAS andVANOC between now and when theOlympic portion of the Games wraps upin early March
Smithrsquos legal experience communityinvolvement and sports backgroundmake her an excellent candidate for thisrole
Although her law practice focuses onmanaging claims for liability insurers andproviding risk-management consultingshe is also a sports arbitrator with anabiding interest in the Olympics
Smith has been a member of the ICASsince 2001 She was unsuccessful in aclosely fought contest with Marcel AubutQC OC a Quebec City-based lawyerwith Heenan Blaikie in a bid this pastspring to replace the Canadian OlympicCommitteersquos (COC) current presidentMichael Chambers when his term endsafter the 2010 Games she will remain onthe COCrsquos Executive Committee as theorganizationrsquos vice president workingfirst with Chambers later with Aubut
Smith is also a four-time Olympianand medallist in rowing the founder andpast president of Olympians BC and vicepresident of its parent organizationOlympians Canada
Smith remains a member of the Exec-utive Committee of the InternationalFederation of Rowing Associationswhich is also headquartered in Lausanneand chairs its Womenrsquos Rowing Cross-Commission
She is also a former member of theBoard of 2010 Legacies Now which wasoriginally formed by the BC govern-ment to be the armrsquos-length implementerof several major social goals of the gov-ernment connected with the Games
Although 2010 Legacies Now contin-ues to work on those goals with the helpof various companies connected to the2010 Winter Games and others and al-though it receives the majority of its fund-ing from Victoria it is now a fully inde-pendent society
The CAS usually involves panels ofthree arbitrators each and they deal witha wide range of issues involving the intri-cacies of relationships between the nu-merous international sports federationsthat the IOC supports through fundsgenerated by sponsorships and Olympicgames and it often deals as well with ap-peals from decisions by the federationsthat affect their athletes
Its work in the controversial field ofanti-doping gives the CAS its highest visi-bility For example just this past June itworked out the appropriate suspension ofGerman ice-hockey player FlorianBusch who made the mistake last De-cember of refusing to provide a urinesample when a doping-control officerknocked on his apartment door a sur-prise test is a known and standard part ofthe International Ice Hockey Federa-tionrsquos procedures for out-of-competitiontesting
Though he took the test a couple ofhours later and it was negative forbanned substances it was too late Therewas a plethora of subsequent legal argu-
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 17BAIRNES CRAIGrsquoS TRICIA SMITH TO SUPERVISE
A sophisticated new court will be set up indowntown Vancouver for the 2010 Games
ments and appeals from various bodiesabout which one should sanction himand for how long
The CAS sorted through the compet-ing claims and ruled that he would re-ceive a two-year suspension effectivelypreventing him from competing in the2010 Games
Perhaps one of its most famous caseswas a decision to uphold a life-time banon taking part in Olympic winter gamesimposed by the IOC against three of fourmembers of the Austrian Nordic skiingteam attending the Torino Italy WinterOlympics in 2006 for allegedly sharingldquocomplicity to violate anti-doping rulesrdquo
Eventually the CAS court commuteda similar ban to the fourth member of theteam to a four-year suspension ndash it endsjust after the 2010 Games ndash after review-ing his lesser role in the affair
When the Olympic Games are under-way the Athlete Villages in Vancouverand Whistler and any separate apart-ments used by Olympic athletes theirteam coaches and related officials have akind of diplomatic separation from thecriminal laws of the host country when itinvolves things such as drugs where con-victions in some countries carry thedeath penalty The IOC as part of itsthicket of legal agreements with hostcountries obtains the authority to lookafter anti-doping cases on its own termsduring the Games The deal usually in-volves the local police going in with IOCinvestigators each with their own juris-diction
The cases can be deadly serious Theanti-doping case that involved the CASstemmed from a joint IOC-Italian policeraid on the rooms of the Austrianbiathlon and cross-country squads onFebruary 18 2006 in the teamrsquos privatequarters in the Italian Alps while theTorino Games were underway
The IOC later reported that 80 medi-cal devices including advanced medicalequipment were found in the apartmentalong with used syringes blood bagsblood-transfusion equipment and evenbloody handkerchiefs
In 2010rsquos case once the Games arefinished the CAS court goes too
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 18FIRM LEADERSHIP THROUGH UNCERTAIN TIMES
Leading your firm through the difficultdilemma of terminations or layoffsBy Tim Wurtz Administrator Baker Newby LLP
Our profession and the world at largebuzzes with the employment impli-
cations of our general economic slow-down Whether you face small adjust-ments to your work force or a larger scalelayoff to control that salary expense lineitem leadership before during and afterany termination plays a central role inhow your firm will weather any fallout asa result of constraints to your work force
LawShuckscom reports that 125 ma-jor law firms around the globe have an-nounced or conducted layoffs The com-bined total is 10723 people 4015lawyers and 6708staff Most law firmson that list thank-fully do not haveany significant rec-ognizable namesfrom our BCLMAnetwork however all local firms whospoke with me are cautiously managingtheir salary expenses
While most research and surveys thatexamine the long-term effects of downsiz-ing indicate that companies that cut staffend up disappointed with the resultsmany of us will face formulating staffingstrategies to control costs Layoffs mayserve a short-term need but create largerlong-term issues Nonetheless we mustmanage and lead as directed by our Part-nership or Managing Committees
I am sure my fellow Administratorsand HR Managers will agree that an im-pending termination on any scale canconsume the workday We complete thenecessary forms derive suitable severancepackages develop plans to reassign workor alternatively reinvigorate the recruit-ment process to find a suitable replace-ment While we focus on the person orpersons being terminated we might over-look and forget or ultimately deny an im-portant aspect of the overall process ndash the
employees we keepThe Law Practice
Today section in theJanuary edition ofthe ABA Law Prac-tice Management in-cluded an article byJaffrey C Connerconcisely summariz-ing the point that fu-ture success of a firm depends largely onthe leadership of management after anylayoffs have been made
The workplace mood becomessomber People ask themselves ldquoAm Inextrdquo There will be a significant amount
of distrust of man-agement and anxi-ety over subsequentjob losses Thesefeelings must betempered by astrong unified mes-
sage from Management It is reasonableto admit the future is uncertain and thatevery effort will be made to ensure astrong and viable law firm well into thefuture Also tell the staff that this uncer-tainty will undoubtedly result in difficultdecisions after every possible alternativehas been considered
Terminating employees is a decisionthat is never made lightly To be an effec-tive leader you need to reinforce that alloptions were considered prior to layoffsUnder conditions of economic uncertain-ty the contribution of leadership is notsimply to inspire or build confidence butrather to solve problems and make ap-propriate strategic decisions
I learned an important lesson at lastyearrsquos BCLMA Conference Peter deJager a specialist in Change Manage-ment said in the closing session ldquoPeopleactually are not resistant to change theyare resistant to the way change is broughtaboutrdquo
Some employees consider termina-
Tim Wurtz
ALL LOCAL FIRMS ARECAUTIOUSLY MANAGINGTHEIR SALARY EXPENSES
tions or layoffs as drastic and developstrong feelings against managementLeaders must remain aware of the per-ceptions of their Partnership BoardManagement ndash and staff All three groupsinfluence a leaderrsquos ability to implementchange specifically to bring about signifi-cant staffing reassignments
Much literature exists about the dis-tinction between leaders and managerswith leaders having vision and creativityand managers focusing on improving ef-ficiency Leaders should exercise dili-gence toward gaining an understandingof their capacity within the organizationto properly apply leadership theories ifappropriate
During uncertain times we need tothink about adaptive and situational lead-ership-the right person with the rightstyle for the right situation Mining theInternet and academic journals for de-scriptions of leadership styles yields hun-dreds of words typically used to describe
a vast variety of leadership traits andtechniques
Two styles reside on opposite ends ofthe spectrum Visionary Leaders and Au-thoritative Leaders A visionary leaderpossesses a charismatic personality em-braces a democratic approach to the de-cision-making process and tries to en-gage staff in ongoing strategic initiatives
An authoritative leader prefers au-tonomous control over decision-makingmotivates employees using various formsof intimidation shows reluctance at relin-quishing control and fails to actively seekfeedback throughout management pro-cesses During difficult and emotionalstaff terminations and re-assignments theenormous grey area between these two
styles is required to carefully steer yourship through difficult waters
Use components of visionary leader-ship to bring employees into the world ofdecision-making Solicit ideas Listen towhat staff say when you introduce cost-saving measures For employees who areterminated or laid-off consider outplace-ment services a mutually agreeable refer-ence letter and perhaps access to thefirmrsquos resources or referral networks sothey can actively seek other employmentFor employees who are retained and pos-sibly required to assume additional re-sponsibilities for the same or less paythink about new benefits you can offerthem such as additional training andsupport
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 19
TERMINATIONS OR LAYOFFS ARE ABOUT LOSS BUT THEY ALSO CREATE OPPORTUNITYFOR US AS LEADERS AND MANAGERS
JAM
ESTH
EW
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Use aspects authoritative leadership toreinforce the notion that difficult deci-sions are inevitable that assuming issuesassociated with terminations or downsiz-ing will solve themselves over time is irre-sponsible It is important not be per-ceived as laissez-faire in yourmanagement capacity and to clearly es-tablish that while difficult the decisionsmust be respected
We are expected to possess the skills toproperly and compassionately deliver badnews to staff As managers it is our dutyto be knowledgeable of how people willreact and deal with the ramifications ofour actions Often the problems in work-force reductions arise when people donrsquotsee logic in why they were laid off andothers kept their jobs People draw theirown conclusions
I know first-hand that remaining stafftypically formulate their own complextapestry of reasons to explain why some-one has been let go These conclusionscanrsquot include aspects of the decision-mak-ing process to which they are not privy
It is counter-productive however toargue with this mentality as they are typ-ically emotionally driven conclusions Ra-tionalization may serve to further fuel thefire of distrust of management
However we cannot ignore it entirelyeither We will need to address the ru-mours and speculation either as a groupor one-on-one
Terminations or lay-offs are aboutloss but they also create opportunityfor us as leaders and managers Ourwords and actions can inspire loyaltyand enthusiasm Vision and authoritymake great bedfellows in any leaderrsquosarsenal of tools but sustainable law-firm profitability and excellence takes aconcerted effort on any managerrsquos partto become and remain the leader that isthe glue in the firmrsquos organizationalculture
Leaders must be honest and trans-parent about current conditions whilstremaining positive and reassuring En-gage Consulting Solutions in its publi-cation Engaging Employees in Uncertain
Times suggests that you must counteractpervasive negativity by providing clear
consistent messaging about the firmrsquosreality regardless of the reality In addi-tion focusing on programs that pro-mote recognition employee wellnesslearning and development are also seenas crucial to reducing the uncertaintywhile increasing retention and engage-ment
The July-August 2009 issue of The
Harvard Business Review lists new requiredleadership skills particularly vital in ourclimate of economic uncertainty 1) Foster Adaptation ndash For instance de-
velop ldquonext practicesrdquo in addition tocontinuing with current best practices
2) Embrace disequilibrium ndash While thisseems to depart from traditional lead-ership efforts to create a harmoniousequilibrium it is suggested you keepstaff in a state that creates enough dis-comfort to induce change but not somuch that they fight flee or freeze
3) Generate leadership ndash Give employ-ees at all levels of the organizationthe opportunity to lead departmentsor firm initiatives that will help itadapt to changing timesA suggestion to Administrators and
HR managers struggling with difficult sit-uations Ensure you take care of yourselfthroughout these dynamic times Cam-bridge Leadership suggests that you 1) Give yourself permission to be both
optimistic and realistic2) Find sanctuaries where you can reflect
on events and gain perspective 3) Reach out to trusted confidants with
whom you can speak openly 4) Bring more of your emotional self to
the workplace noting that appropriatedisplays of emotion can effect change
5) Do not lose yourself in your role nordefine yourself through a single en-deavourThrough these uneasy times we must
skillfully balance the profitability of thepartnership with a healthy organizationalclimate for the firm
They are not mutually exclusive dur-ing economic uncertainty but do requirecareful planning and actions by law firmmanagers to advance our stature withinthe decision-making process to that of alaw-firm leader
dentials except for affidavits and orders Efficient ndash Law firms will like the ease
and convenience as well as the effi-ciencies gained E-Filing allows you tofile retrieve and electronically searchfiles from your office or home It sim-plifies document preparation for of-fices by eliminating the need to printand prepare multiple copies of docu-ments for filing After submitting your documents you
can check on the status at any time sim-ply by logging in at CSO If requestedCSO will automatically send an e-mailnotification as soon as the registry hasprocessed the document
Once the registry accepts the e-Fileddocument it is electronically stampedYou can then download the documentfor your files Enviromental ndash E-Filing can offer a
greener solution for offices by eliminat-ing the need to print and prepare mul-tiple copies of documents for filing As a result your office can use less
paper E-Filed documents do not need tobe physically transported thereby reduc-
BC Court E-Filing from Page 10
Topics 20
ResourcesE-Filing is available for most types of docu-
ments For e-Filing rules refer to SupremeCourt Rule 69 which is athellip
lthttptinyurlcomnasoj9gthellipand Small Claims Rule 22 located
at lthttptinyurlcoml7ch8ggtThere are quite a few Rules on each of these
web pages so once you arrive use your brows-
errsquos Find command to quickly search the page
for the text Rule 69 in the one case or Rule22 in the other
You can register for a CSO account online
through the CSO website atltwwwcourtservicesonlinegovbccagtor if you are a BC OnLine user through BC
OnLine at
lthttpswwwbconlinegovbccagtPlease visit Court Services Online at
wwwcourtservicesonlinegovbcca Questions can be e-mailed to
CourtsCSOgovbcca
E-Filing to Page 21
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
By Michael J Anderson Principal Innovative Consulting
Sometimes whenwe have our
heads down justploughing awaythrough the fires onour desk we losesight of the funda-mental things thatwe should do togrow our practices
Wersquore not talkingabout huge expensive or complex mar-keting strategies here We are just remind-ing you of the basics Several of you prob-ably already do many of these thingsseveral of you probably plan to do manyof these things Our hope is that this listwill remind you of what it takes to expandyour practice and spur you on to turnyour best intentions into best practicesWe also hope that you will gain some newideas and insights
The following in no particular order
is provided as a checklist for what youmight want to do to become more profitable
1Get out of the office Every great RainMaker will tell you that you must meet
with your current and potential clients of-ten either on their turf or on neutralground
2The old 8020 rule still applies Yes 80of your new work will probably come
from 20 of your current clients Do youknow which of your clients provide youwith the most work If you do how areyou building on that relationship We seetoo many firms and lawyers spendinggobs of time and money trying to attractan elusive new big client Your best tar-get for success is the client you alreadyknow and who already knows you
3Just say ldquoNordquo Being fearful of whereour next file will come from makes us
want to accept every possible bit of workthat might come in the door whether thework is profitable whether we have goodprospects for getting paid whether it is anarea of law in which we are comfortableor whether our time could be better spentattempting to land the work that we reallywant at rates that will help us to succeedIt seems to be the credo for many lawyersthat ldquoThey have never met a dollar theydidnrsquot likerdquo Instead ldquoFocus on the goodstuffrdquo as professional-business consultantDavid Maister would say
4Budget your time and money Typically alawyer works about 2500 hours each
year roughly split between 1400 billablehours and 1100 non-billable hours Thenon-billable time is broken into segmentsfor management associate training per-sonal education research and marketingWe suggest that every lawyer allows forabout 600 hours per year for marketingtheir practice with a marketing budget ofbetween 2 and 5 of their gross rev-enues The marketing should include ad-vertising website creation and mainte-nance marketing-skills training andclient promotion-among other things
5Get involved We have a moral duty togive back to our communities
Choose a charity community group po-litical organization or business associa-tion that you enjoy and is important toyou Many of these types of groups are
looking to add a lawyer or two to theirboards In addition to contributing to agreater common good you will also net-work with other successful business peo-ple
6Market internally Ensure that everyonein your firm knows all of the facets of
the work you are capable of handling theareas in which you are looking to expandand your availability to handle the workAsk your partners about possible cross-selling opportunities Since cross-selling isa two-way street look at your own clientlist for possible situations to offer yourpartners For younger lawyers internal
marketing is possibly the only marketingthat they can do as their peer group hasnot yet risen to positions or situationswhere they can direct legal files to theirfriends Every young lawyer should askthe more senior members of their firm forwork on a weekly basis A lot of work willtransfer down to them if they prove theycan handle it
ing fuel consumption and its environ-mental impact Inexpensive ndash An office can reap sav-
ings from e-Filing through reducedprinting costs as well as reducedcosts from delivering documents tothe registry particularly when fil-ing beyond the local registry There is a $7 e-Filing transaction
fee per filing package regardless ofwhere the document is filed A filingpackage is any number of documentsbeing e-Filed to the same court file atthe same time The transaction feeand any applicable statutory filing feesare paid online through a BC OnLine
deposit account or with a credit card With all of these positive reasons
to e-File why not give it a try Go on-line today to view a demonstration ofhow to e-File to an existing court fileor how to use e-File to start a newcourt file
15 ideas for improving your practice
BC Court E-Filing from Page 20
21Topics
Michael Anderson
HOW DO FIRMS USE ON-LINEVIDEO TO VIEW AN
EFFECTIVE USE OF THISMEDIUM VISIT TORYrsquoS
WWWTORYSCOMVIDEOCENTERPAGESDEFAULTASPX
SINCE CROSS-SELLING IS ATWO-WAY STREET LOOK ATYOUR OWN CLIENT LIST FOR
POSSIBLE SITUATIONS TOOFFER YOUR PARTNERS
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
7Go to school Many lawyers can benefitgreatly from marketing training or
personal coaching In the old days a se-nior partner would grab an associate bythe scruff of the neck drag them toclient lunches and warn them to just sitthere keep their mouth shut and learnAnd they did learn Similarly we needto develop ways to share the marketingskills that already reside within ourfirms especially for our youngermembers
8Create a ldquoDream Listrdquo In aperfect world who
would you have as clientsand what type of workwould they send you Onceyou have the list startstrategizing on how youcan get an introductionand what you would saywhen you finally meetthem Why should theyhire you What will set youapart from your competi-tion After all many clientsfeel that most lawyers arethe same ndash they point tolaw firm websites andbrochures where you willsee that most of them at-tempt to sell ldquoBetter Fasteramp Cheaperrdquo Differentiateyourself Innovate
9Research Do you trulyunderstand your clientsrsquo
core needs What issueskeep them awake at nightand what can you do tohelp them Use the Inter-net to gather informationabout your current and po-tential clients Use that datato customize your proposalto them This demonstratesan understanding of theirbusiness and a commitment tohelp them enhance it
10CRM Institute a Customer Relation-ship Management program that will
track who when how and what the nextsteps are in your marketing strategy A sim-ple and inexpensive option like MicrosoftOutlook or a more legal-specific option like
Amicus Attorney will get your started
11Write write and write some more Createa perception of expertise by writing
topical articles and getting them pub-lished in relevant print or online maga-zines newsletters and blogs
12Leverage your writing Create a mailingor even better an e-mailing list of
clients and potential clients and send
them copies of the articles that you writeThe goal is to have them say ldquoThis onesure seems to know their stuffrdquo Thenhave the article placed in a strategic loca-tion on your website so that visitors will
also see that you have expertise Take itone step further and create a seminarpresentation or speech using the article asthe basis Undertake each at the personalgroup or firm level ndash or all of the above
13Leverage your people How many timeshave we heard ldquoPush the work
down and free your time to do the moreimportant stuffrdquo Why do many of us still
resist that strategy Whether you are ina large firm with associates or a
sole practitioner with parale-gals use junior practitionersto a greater degree Usingleverage will make youmore profitable and freeyour time for more impor-tant things
14Web support Amongother things websites
are the brochures of the newmillennium Is your websitesupporting your marketingefforts or is it just a neces-sary expense The most ef-fective sites have a lot incommon they are builtfrom a clientrsquos point of viewthey are informative and ed-ucational they display yourexpertise they have person-ality they are well ldquotaggedrdquoto be picked up in Googletype searches and usevideos effectively
15 Discipline Sometimesour best intentions lack thediscipline to carry out whatwe know we need to doDevelop a strategy with atimetable to accomplish theplan Start with this check-list and add to it as youprogress along the road to
growing your practice Wehope that this will help you to
focus on the issues that are mostimportant for you and your firm go-
ing forward
Michael J Anderson is a principal in Inno-
vative Consulting Hersquos based in Vancouver and
can be reached at 6042724222 or at
andersoninnovativeconsultingca
Topics 22
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
SUMMER 2009
Editor Stephanie MarshManaging Editor Designer Peter Morgan
This issue is also available in PDF format atlthttpwwwbclmaorggt
Topics Archive amp Indexlthttpwwwbclmaorggt
Editorial copy 2009 BCLMA CANADA
Published by MORGANNewsletters 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 BC It is the BCLMA lsquos goal toprovide educational and networking opportunitiesto 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
NEWSLETTER SERVICES
TOPICS is a public newsletter We will be pleased toadd you to our mailing list for this newsletter Pleasecontact the Editorial Committee Chair or any mem-ber of the Editorial Committee listed on the left forcomments on any of these articles or to offer sugges-tions for articles in future issues or for adjustments tothe circulation list Comments are always welcome
REPRODUCTION RIGHTS
Topics is copyrighted however we encourage you tocirculate or copy this material unmodified for yourown internal or private use You may freely quoteany article or portion of article but it must be ac-companied by attribution Quoting any article orportion of article without attribution is prohibitedThe newsletter its contents or its material may notbe sold intact or modified nor included in anypackage or product offered for sale
EXECUTIVE Stephanie Marsh President
Fasken Martineau2900 550 Burrard StreetVancouver Canada V6C 0A3D 6046314767F 604-631-3232SMarshFaskencom
Jan Whyte Vice-President
Murphy Battista2020 650 West Georgia StreetVancouver BC V6B 4N7D 6046333811F 604-683-5084WhyteMurphyBattistacom
Gary Carter Director
Paine Edmonds LLP1100 510 Burrard StreetVancouver BC V6C 3A8P 6046831211F 604-681-5084GCarterPaine-Edmondscom
Cindy Hildebrandt Director
Richards Buell Sutton LLP700 ndash 401 West Georgia StreetVancouver BC V6B 5A1P 6046823664D 6046619267F 604-688-3830CHildebrandtrbsca
Evenna Liu Director
Oyen Wiggs Green amp Mutala LLP480 ndash 601 Cordova Street WVancouver BC V6B 1G1D 604-676-9074F 604-681-4081ELiuPatentablecom
Barb Marshall Director
Fasken Martineau2900 ndash 550 Burrard StreetVancouver BC V6C 0A3D 6046314991F 604-631-3232BMarshallFaskencom
Angela Zarowny Treasurer
Direct 6043510124azanddzShawca
Jane Kennedy Administrator amp Membership Services
BCLMA
PO Box 75562RPO Edgemont VillageNorth Vancouver V7R 4X1P 6049881221F 604-988-1221MembershipBCLMAorg
SUBSECTION LEADERS
Facilities amp Service ManagementJanice McAuley Co-Chair
Lawson Lundell LLP1600 ndash 925 West Georgia StreetVancouver Canada V6C 3L2D 604-631-9254F 604-669-1620JMcAuleyLawsonLundellcom
Lorraine Burchynsky Co-Chair
Boughton Law CorporationSuite 700 ndash 595 Burrard StreetVancouver Canada V7X 1S8D 6046474162P 6046876789F 604-683-5317LBurchynskyBoughtonca
FinanceSheila Tham Co-Chair
Watson Goepel Maledy LLP1700 ndash 1075 West Georgia StVancouver BC V6E 3C9P 6046881301F 604-688-8193SThamWGMlawcom
Linda Lucas Co-chairDavis LLP2800 Park Place 666 Burrard StVancouver BC V6C 2Z7D 6046436305F 604-687-1612E LLucasDavisca
Human ResourcesTina Giallonardo Chair
Miller Thomson LLP1800 840 Howe StVancouver BC V6Z 2M1P 6046872242F 604-643-1200TGiallonardoMillerThomsonc
Knowledge ManagementGreg Christensen Chair
Fasken Martineau2900ndash550 Burrard StreetVancouver Canada V6C 0A3D 6046314993F 604-631-3232GChristensenFaskencom
MarketingRecruiting
Small FirmsSharon Kwong Wah Chair
Young Anderson1616 ndash 808 Nelson StreetVancouver Canada V6Z 2H2 D 604-689-7400F 604-689-3444KWongWahLYAbcca
TrainersRuth-Ann Spencer Co-Chair
Bull Housser amp Tupper LLP 3000 1055 West Georgia Street Vancouver BC V6E 3R3 D 6046414921 F 604-646-2638 RASBHTcom
Lisa Dick Co-Chair
Fasken Martineau 2900ndash550 Burrard Street Vancouver V6C 0A3 P 6046313131 F 604-631-3232 LDickFaskencom
Technology Aaron Fahlman Co-Chair
Fasken Martineau2900 550 Burrard StreetVancouver Canada V6C 0A3D 6046314960F 604-631-3232AFahlmanFaskencom
Aaron Zuccolin Co-Chair
Watson Goepel Maledy LLP1700 ndash 1075 West Georgia StreetVancouver BC V6E 3C9 D 6046425661F 604-688-8193AZuccolinWGMlawcom
EDITORIAL COMMITTEE
Bob Waterman Chair
Richards Buell Sutton LLPD 6046619241F 604-688-3830BWatermanRBSca
Stephanie Marsh Editor
Fasken Martineau2900 550 Burrard StreetVancouver Canada V6C 0A3D 6046314767F 604-631-3232SMarshFaskencom
Mike BowerbankBurnabyMikeYahoocom
Lorraine BurchynskyBoughton Law CorporationSuite 700 ndash 595 Burrard StreetVancouver Canada V7X 1S8D 6046474162P 6046876789F 604-683-5317LBurchynskyBoughtonca
Paula ButlerBarrister amp Solicitor200 100 Park RoyalWest Vancouver BC V7T 1A2P 6047820373F 604-983-0372PButlerPaulaButlercom
Tim WurtzBaker Newby LLP9259 Main StChilliwack BC V2P 6K2P (1) 6047921376F (1) 604-792-8711TWurtzBakerNewbycom
BCLMA EXECUTIVE amp SECTION LEADERS
DENN
ISCO
X
BC Legal Management Association
cide what options work best for youNow if you havenrsquot looked at litiga-
tion-management software at all donrsquotconfuse it with document-managementsoftware Litigation-management soft-ware is specifically designed to manageyour evidence transcripts and pleadings(and sometimes more)
It allows you to create your List ofDocuments exchange lists electronicallypursuant to the BCSC Electronic Evi-dence Practice Direction and integrateall partiesrsquo documents into one databasethat can be sorted and searched anywhich way
All of the following programs integrateimages so that when you sort you canview the documents in that order imme-diately (Hint get yourself set up with adual monitor so that you can view theimage on the whole screen)
In various ways they each also includethe ability to link OCRs of your typewrit-ten documents so that you can search the
content of those documents
CT SUMMATION ndash WIDELY USEDSummation is a good choice if yoursquod like
to be on the same page as most other lawfirms since it is the most widely used liti-gation-management program in BCUsers can perform most functions on theirown with a moderate amount of training
It can readily handle cases of up toabout 100000 perhaps as high as 150000documents provided you have a fairly fastcomputer The cost is reasonable and isfor concurrent licenses so it can be ac-cessed on anyonersquos computer within thefirm but only simultaneously by as manylicenses as you have purchased
Real-time reporting is also built inand you can upgrade to the Enterprise ver-sion which has an SQL backend for re-ally large cases or provide web accessthrough the WebBlaze add-on
CONCORDANCE ndash GO LARGERConcordance can handle larger cases
than Summation due to a different plat-form and its ability to search across mul-tiple databases easily
The interface is clean and fairly easyto learn however it isnrsquot as easy to splitand merge documents with images and itonly tracks parentchild relationships fornative documents
Unlike Summation Concordance can cre-ate a ldquoPost-it Noterdquo on your image aswell as the usual highlighting redactingand so on
The cost is comparable to Summationbut now requires a yearly subscription in-stead of a purchase price with the optionof yearly maintenance
INSIDE INTROSPECTIntrospect can handle any case size be-
cause of its SQL back-end but you willneed a person experienced with SQL tohelp run it and to import and exportdata
Since it is IT-intensive it is probably
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 2
Domain Experts in cost recovery solutions
2400 1066 West Pender Street Vancouver BC V6E 3X1Phone 6046851078 Toll free 8006670332
wwwsaica
Litigation software to Page 3
Litigation software from Page 1
not the best choice for small cas-es
It does have document-grouping functionality built in(Equivio) to help in the reviewprocess of massive documentsets but it is much more expen-sive than either Summation orConcordance
RINGTAIL FOR REMOTERingtail is an excellent choice
if remote access is importantthrough the Internet and notjust a VPN as this product wasdesigned specifically for a webbrowser
The downsides the user in-terface has a slightly dated lookand the data needs to be loadedfrom a central location not remotely
Ringtail can handle larger casesand is similar in price to Introspect
CASEMAPCasemap is an accompaniment to Sum-
mation Concordance or Ringtail While idealfor analyzing key documents Casemap isnot recommended for managing and ex-changing large volumes of data
It also links with TimeMap which cre-ates visual timelines ndash great for use incourt While relatively inexpensive youmust pay per year using subscriptionpricing and per user
All of these programs either throughthe Internet or on a laptop allow youto access your cases remotely ndash nomore dragging binders and boxesaround
You will be able to analyze your clientrsquos case faster and know sooner howyour case looks in comparison to youropponentsrsquo
While any new program will takesome getting used to the more you use itthe more you will wonder why you shuf-fled paper for so long
You will be able to offer your clientsmore value for their money and youwonrsquot be writing off time you wastedlooking for documents
Please note that this report is based onbest knowledge of the writer regardingcosts and features of the programs men-tioned at the time of writing
All details should be verified with theindividual software provider
Triage Data Solutions is a litigation document
management company specializing in scanning
printing photocopying optical character recogni-
tion (OCR) electronic document conversion
database coding and litigation software sales and
training with offices in Vancouver and Calgary
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 3
Trusted
Cost-Savings
Specialists
Excelera Consulting Group will
bull Identify significant measurable
cost savings
bull implement best-in-class purchasing
processes
bull negotiate premium contract terms
bull monitor invoice pricing to ensure accuracy
amp savings
Specialists in
Overhead Cost
Reduction
bull
Advisors to Western
Canadarsquos Top Legal
Firms
WWWEXCELERACA bull 604-990-7786
Litigation Software from Page 2 LITIGATION SOFTWARE COMPARISON mdash WHAT FEATURES ARE IMPORTANT TO YOUR FIRMrsquoS LITIGATORS
PROCESS SUMMATION CONCORDANCE INTROSPECT RINGTAIL
Import Data Yes Yes IT intense IT intense
Export Data Yes Yes IT intense IT intense
Can export the images as PDF Yes No Yes Yes
Has spell-check for data entry Yes Yes Custom No
Multi-language support No No Yes Yes
Track progress of reviewers Manually Manually Automatically Automatically
Links with CaseMapTimeMap Yes Yes No Yes
Integrates e-discovery native files Yes Not video files Yes Yes
Transcripts Yes Yes No Yes
Real time Transcripts Yes With LiveNote No With LiveNote
Trial Presentation Links with Sanction amp Trial Director
Links with Sanction amp Trial Director No Links with
Sanction amp Trial Director
Web Access Through VPN Citrix or WebBlaze
Through VPN Citrix or FTI No Yes
SQL Structured Query Language A database computer language that retrieves andmanages data in relational database management systems database schema creation and modi-fication and database object access-control management
VPN Virtual Private Network A computer network in which some of the links be-tween nodes are carried by open connections or virtual circuits in some larger networks (suchas the Internet) as opposed to running across a single private network
By Paula Butler Lawyer
Herersquos 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 re-
ceive a $25 gift certificate to Chevron Note that yourresponse remains 100 anonymous unless you attachyour E-Business Signature with your text Even if youidentify yourself to us to be entered into the draw yourparticipation will remain anonymous to our readersWe wonrsquot publish your name neither as a respondentnor as a winner
Paula Butler is a sole practitioner who specializes inlabour and employment law from her office in WestVancouver
The case of the pregnant receptionist
Mary-Jane is one of the two receptionists at Smith amp Frankin-son and she works 7 am to 3 pm five days per week
The second receptionist works 1230 pm to 6 pm Mary-Jane becomes pregnant and takes a
year off on pregnancy and parental leave Be-fore Mary-Jane returns to work she requests ameeting with you the Human Resources
Manager at the firm At the meetingshe tells you that she has hired a
nanny and has told the nannyto bring the baby to the of-fice at three-hour inter-vals starting at 9 each
morning so that Mary-Jane can breastfeed the
baby while she is atwork You explain to her
this wonrsquot work becausethere is no coverage for reception at 9 or at noon and that itwould be inappropriate for her to breastfeed the baby while sheis sitting at reception She leaves your office and immediately re-tains a lawyer
Does Mary-Jane have any legal recourse resulting from your decision
RESPONSE I donrsquot think the firm would have a duty to accommodate in
this instance however before it got to the point of the staff member storming
out and retaining a lawyer I would hope that we could reach a mutually
satisfactory solution I would make some suggestions (eg pumping at work
in a private area etc) She did take one year off for maternity leave I have
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 4
OUR NEW SCENARIO ndash TELL US WHAT YOUrsquoD DO IN
THE CASE OF GILLIANrsquoS REFERENCE
Gillian started working as a paralegal at Hamilton John-son amp Finch in November 2008
For a few months her work is commendable and sheseems to be fitting in with co-workers but it soon becomes
clear that Gillian maybe a problem She is aslow worker with littlemotivation she makesmany mistakes and sheseems to upset her co-workers by making un-kind and critical com-ments on a frequentbasis
However Gillian isnot given a performance appraisal nor does anyone talk toher about her ongoing conflict with co-workers
One day Bill one of the lawyers with whom she worksbursts into your office and says ldquoI canrsquot take it anymoremdashyou have got to get rid of Gillianrdquo This sentiment is thenechoed by a number of other people As the Director of Ad-ministration you make the decision that Gillian should befired but as there have been no warnings her employmentis terminated without cause and she is never specificallytold why the firm made the decision
Then you get a call from another firm in town askingyou for a reference for Gillian
What do you say
HOW TO BE OUR JUDGETO RESPOND WWWBCLMAORG
This feature of TOPICS compiled by Vancouver lawyer Paula Butler
is designed to get you thinking about workplace scenarios that might
happen ndash or have happened ndash 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 senderrsquos name
nor the firmrsquos name will be revealed to the editors ndash
only your response Next edition wersquoll print a selection of your
anonymous responses ndash and provide a new scenario
The Case of the Pregnant Receptionist to Page 5
YOU BE THE JUDGE
mation sessions ensured there was some-thing for everyone
Leadership | Law Firm Succession Planning |
Electronic Document Management and Storage |
Extranets | Public Relations | Generational Di-
versity | Improved Written and Oral Communica-
tion Skills | Tchotchkes amp SWAG (Stuff We All
Get)| Legal Trends | Data Security | Profession-
al Conduct | Going Green | Effective Financial
Reports | Harassment Prevention and Correction |
E-mail Best Practices | Social Networks | Law
Firm Retreatshellip
The list goes on There were also sev-eral scheduled Ideas Exchanges based onthe size of our firms Each one had rele-vancy and cross-border appeal
BCLMA delegates gained terrific valuefrom the sessions and brought back sever-al new ideas to their firms
KEYNOTE SPEAKERSA roster of speakers delivered address-
es on leadership perception and motiva-tion including Ret Lt General Russel L Honoreacute the
commanding general of Joint Task ForceKatrina who helped restore order amidNew Orleans hurricane devastation andpaved the way for rebuilding the city
Billy Mills a Native American mem-ber of the Oglala Sioux tribe whosegold medal marathon in the 1964Tokyo Olympics is considered to bethe greatest upset in Olympic historyMills remains the only American everto win the 10000-meter run
Liz Murray now an inspirationalspeaker who grew up with two drug-addicted parents whom she begansupporting when she was just 10Homeless by 15 she completed highschool in just two years while living onthe streets attaining a full scholarshipto Harvard University
LUNCHEON FOOD FOR THOUGHTThe Association Luncheon was
packed with activity and announcements Current and incoming Executive
members were introduced Former President Dick Nigon received
the David W Brezina Memorial
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 5All that ALA jazz from Page 1
never heard of anyone asking to bring their child
in to nurse but that is not to say it doesnrsquot
happen
Hi this is Paula Discrimination onthe basis that a woman is breast-feed-ing is a form of sex discrimination un-der the BC Human Rights Code As a re-sult having a lsquono breastfeeding atworkrsquo rule can be considered sex discrimination
If an employee asks to breastfeed ababy at work the firm would have aduty to accommodate and the best op-tion is to try to reach a reasonable ac-commodation with that employee Isthere a private area where the babycould be breastfed Is there someoneother than the second receptionist whocould cover reception
The accommo-dation process is ashared responsibili-ty and the employ-ee needs to be in-volved in finding aworkable solution
There are casesof women who askto bring their babyto work to nurseand if this happensat your firm I rec-ommend that you obtain legal advicebefore answering the employee
Donrsquot forget to have a look at ournew You be the Judge case on page 4 fordiscussion in the next issue lsquoThe caseof Gillianrsquos referencersquo and let us knowyour response about how yoursquod han-dle it
Paula Butler
The Pregnant Receptionist from Page 4
Award for his outstanding service andcommitment to the ALA over the pastmany years
More than US$100000 was presentedto Smile Train the charity selected inhonour of the 10th anniversary of theALArsquos Community Challenge Week-end (The Weekend is a national eventin which 90 to 100 ALA chapters under-take a community service project intheir local areas) The Smile Train pro-ject provides children in developing na-tions with surgery to correct cleft lipsand palates The ALA donation repre-sents the largest ever received by thecharity from a single association orgroup
President Wendy Rice-Isaacs complet-ed her term passing the leadership ofthe association to Susan French KoranBefore doing so one of the two manag-ing partners with which Wendy worksattending from Columbus Ohio deliv-ered a speech of genuine respect laud-ing Wendyrsquos contributions to the firmand to the ALA over the past 17 years
Wendy has certainly played a signifi-cant role in developing the new relation-ship between the ALA and the BCLMA
Wendy with ALA executive mem-bers Dick Nigon Patti Groff and JohnMichalik helped arrange the first meet-ing to discuss the opportunities to worktogether Members of the currentBCLMA executive board welcomedWendy Patti John and Susan to Van-couver this past spring to continuebuilding the foundation of this impor-tant relationship We too appreciateWendyrsquos contributions
Susanrsquos first order of business as thenew president was to announce the ALArsquosrebranding As she presented the newbrand and explained the logic behind it acarefully planned launch occurred behindthe scenes
ALA members switched signage in theconference centre (TV monitors registrationdesk vendor hall carpet mats brochuresetc) updated the website and sent a broad-cast e-mail to all ALA members
As we exited the luncheon we eachreceived a new ALA brochure and a to-ken gift sporting the new logo This mas-
sive undertaking was impressive and byall appearances seamless
DIDDELY DIDDELY DOO BOP BOPNow for a look around The Get
Jazzed theme was prevalent throughoutthe program At the opening receptionon Sunday evening we all connectedwith each other and reconnected withour ALA CALA and TLOMA colleagueswhile Dr Jazz and the New Orleans Sounds
played traditional Dixieland jazz fol-lowed by Storming the Band touted theldquothe hottest and most versatile band inthe Southrdquo
After the opening several of us attend-ed a vendor reception on colourful Bour-bon Street All types of music flowed fromthe open doors and windows of bars andrestaurants while patrons tossed beadednecklaces from second-floor balconiesThe Encore Reception late Tuesday af-ternoon was titled Lagniappe a Cajunword meaning ldquoA little something extrardquo
Delegates visited more than 100 ven-dors in the exhibit hall placed bids at theSilent Auction enjoyed drinks and appe-tizers and encountered three differentgroups of entertaining musicians
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 6
French Quarter statutes of lsquoFatsrsquo Domino Al Hirt and Pete Fountain all musical legendsall came from New Orleans even as they helped define its music for millions
Like Vancouver New Orleans did away with its streetcar system as not being lsquomodernrsquoenough only to discover theyrsquore pretty practical and ought to be reconsidered
Maybe Bombardierrsquos showpiece during the Olympics will change Vancouverrsquos mindset
TLOM
APR
ESID
ENT
EDM
UND
REID
TLOM
APR
ESID
ENT
EDM
UND
REID
All that ALA jazz to Page 8
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Dependability Dedication ExperienceNo matter the discipline the demands
are the same
At Ricoh wersquove spent the last 70 years
honing our skills chiseling out the very
definition of what it means to be the best in
WORLD CLASS OFFICE SOLUTIONS
1888RICOH 1ST bull ricohchampionsca
multifunction systems bull colour bull high volume bull fax machines bull printers bull scanners
What it takes to be a
CHAMPION
Mult i funct ion Colour
High Volume Printers
Scanners Fax Machines
copy2007 Ricoh Canada Inc
The NrsquoAwlins Po Boys created authenticand lively Southern sounds with featuredfiddle and soundbox The Gumbo Trio
with their banjo horn and stand-up bassplayed Dixieland and Jay-Ray amp Gee ana capella group of New Orleans streetsingers from the French Quarter famousfor doo-wop strolled throughout the halldeftly putting the bop in the bop shoobop shoo bop for all of us
On Wednesday night we attended theFinale Party the theme Masquerade Wear-ing painted or feathered masks we boardedshuttle buses to Mardi Gras World anevent location filled with hundreds of sculp-tures giant figurines and parade floats
Rockinrsquo Dopsie Jr amp the Zydeco Twisters
got the crowd dancing with their uniquebrand of music Zydeco is a sort of melod-ic gumbo concocted from CajunAcadianmusic Afro-Caribbean rhythms andmelodies and blues In another area The
Jamil Sharif Quintet played smo-o-o-othjazz Indigenous music played every-where both inside and outside of the con-ference centre the entire week
THE CITY STILL RECOVERING THRIVESWhile some outer districts still show
evidence of Hurricane Katrina New Or-leans proper is beautiful and thrivingThe French Quarter is exquisite
Tall doors and shutters accent hotel andstore fronts Wrought-iron railings support-ing hanging baskets bulging with ferns andflowers trim second and third floor bal-conies Lush palms fill narrow courtyardsnestled between brick buildings Gas-fedlanterns still light many streets
Some delegates arrived a day or twobefore the conference or stayed on a fewdays after to enjoy some of the manyguided tours to plantations swamp landsor through the city itself
GREAT EVENT
We applaud our colleagues south ofthe border on the success for their 38thannual conference
Be sure to mark your calendar forBCLMArsquos own conference Oct 21ndash232010 in Vancouver BC
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 8
CONVEYMASTER
Ask us about our bull $25 pay-per-conveyance bull plan
Tel (800) 667-0332 or (604) 685-1078Fax (604) 685-9370
Go with the best Home Page wwwsaicaGo with ConveyMaster Email infosaica
Conveyancing SoftwareNew EFS Module
FUTURE ALA CONFERENCES
2010 May 3 ndash 6 | Boston Massachusetts2011 May 23 ndash 26 | Orlando Florida2012 April 23 ndash 26 | Honolulu Hawaii2013 April 15 ndash 18 | National Harbor Maryland (Washington DC area)
All that ALA Jazz from Page 6
The BCLMA hosted a sold-out event atStanley Parkrsquos Fish House and nearby
Pitch lsquonrsquo Putt on June 18More than 40 people golfed nine holes
beneath the late afternoon sun Theythen joined the more than 30 diners atthe restaurant for another successful sum-mer event
Mills Basics and ZSA were the gener-ous sponsors Brad Mills and Chad Ege-land of Mills Basics and Elizabeth Borrilland Dragana Milisic of ZSA were in attendance
HIGHLIGHTSPenny Harvie announced her upcom-
ing retirement from Fasken Martineauafter 22 years at the firm Penny will stayon at the firm until the end of July atwhich point she will enjoy the summerand consider her next life chapter
Another highlight included welcomingJohn Hawke back to the BCLMA after atwo-and-a-half year sojourn to work at anengineering firm John has taken on therole of Chief Operating Officer at LangMichener
PRIZE WINNERS GALORE Brad Mills (Mills Basics) Ernie Gau-
vreau (Gowlings) Donna Oseen(Alumni) and Ken Brennan (Gowl-ings) who posted the Best Team Scoreof 142
Sam Mann of Singleton Urquhartposted the Best Individual Score ofjust 28 and Agustino doSouto ofHarper Grey handed in the MostHonest Score (We agreed not to pub-lish the actual score)
Event sponsors and other vendors pro-vided door prizes
John Hawke (Lang Michener) won apersonal shredder courtesy of MillsBasics Carina Bittel (Clark Wilson)won a bottle of champagne courtesy ofZSA and
Roy Boal (Blakes) and Shirley Mad-
den (firm) each won gift certificates toMarquis Wine Cellars
BCLMA DOOR PRIZE WINNERSAs with every one of our social events
the BCLMA provides door prizes Herersquoswho won Cineplex Odeon Theatres ndash Penny
Harvie (Fasken Martineau) Starbucks ndash Raf Sansalone (BLG)
Julie Wong (firm) iTunes ndash Robbin Myers (firm) Cactus Club ndash Dave Bilinsky (Law So-
ciety) LCBO ndash Agustino doSouto (Harper
Grey) The Bay ndash Sarah Glazzard (Lang
Michener)
ANOTHER GREAT EVENTThank you to everyone who attended
this fun event Your participation makesour events continually successful
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
MAKING THE MOVEShellip
WELCOME NEW AFFILIATES
Kristie Hedges Alexander Holburn Beaudin amp Lang LLP Human Re-sourceshellip Karen Jenkins Stikeman Elliott LLP Technologyhellip Dan
Phung Stikeman Elliott LLP Technologyhellip Tammy Marchinkow PaineEdmonds LLP Finance
WELCOME NEW REPRESENTATIVES
John Hawke has returned to the BCLMA and has joined Lang Michener asChief Operating Officerhellip Andrea Pantages is the new Administrator at
Mandell Pinderhellip Jessica Melson is the Assistant Office Managerat Hartshorne amp Mehl
In accordance with our bylaws firms are the BCLMArsquos Members Representatives were
formerly known as Full Members Affiliates were formerly known as Subsection MembersThe
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
BCLMA SUMMER EVENT
40 golf and 70 dine at successful sold-out sensation of our June social at the Stanley Park Fish House
Penny Harvie to retire
Topics 9
By Court Services Branch Staff BC Ministry of the Attorney General
Over recent years wersquove seen an in-crease in online options in every-
thing from online shopping to e-filing ourincome taxes Chances are most of ushave used these types of services
Increased environmental conscious-ness pressures to be more efficient andexpectations for anytime-anywhere accessmean that online interactions are increas-ingly demanded and offered It is in thisspirit that Court Services Online (CSO) wasdeveloped and within that e-Filing forcivil court documents
CSO e-File service allows you to sub-mit electronic court documents in civilactions to Supreme Court and ProvincialCourt registries
British Columbia is the first provincein Canada to introduce a comprehensivee-Filing system that includes an e-Filingservice and the storage and maintenanceof court files in an electronic formatCSO e-Filing helps law firms meet theirdynamic needs
Today CSO e-Filing is available in all43 court locations Moe than 65000Supreme Court civil and ProvincialCourt small-claims documents have al-ready been e-Filed (See Resources box)
Why e-File your court documents Itrsquoseasy efficient environmentally responsi-ble and inexpensive Easy ndash E-Filing can take less than three
minutes to complete To begin youwill need a CSO account (See Resources
box) and software to convert your doc-uments to Adobe Portable DocumentFormat (PDF) All document preparation for e-Filing
is done off-line You can prepare yourdocuments using existing templates orprecedents in any word-processing for-mat and then just convert the documentsto PDF for filing There is no need for anelectronic signature or other digital cre-
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 10ELECTRONIC FILING PASSES 65000 DOCUMENTS
BC court filings increasingly electronic for all major types of BCSupreme Court and Provincial court cases except criminal
T he CSO system is the only method of filing
documents electronically in the BC court
system and itrsquos only in BC at that But there
are other jurisdictions that have a similar sys-
tem and one in particular the US PACER
system is well ahead of ours both in extent of
court coverage and user costs
We particularly thank the CSO office for
providing the accompanying article at our re-
quest but we also let them know we were in-
terested in how BCrsquos system stacks up and
with thier article in hand we asked some
questions
They told us for instance that the growth
of e-Filing in BC has continued steadily since
it was first set up as a pilot project in October
2005 with just one court location Province-
wide e-filing became available on December 1
2008 ldquoand at present there is approximately
an 8 uptake raterdquo
We also were curious about the fact that the
CSO system doesnrsquot include criminal case fil-
ings The response there are ldquono formal plans
at this time to provide access to Supreme Court
Criminal information but it could potentially
be available in the futurerdquo
The CSO is BC-only so we asked if it was
going to be incorporated into a national system
They replied ldquoThere are no formal plans to in-
tegrate the BC system into a Canada-wide sys-
tem however several provinces have shown an
interest in the systems that BC has developedrdquo
The system is in two parts input and out-
put Law firms for instance can file electronic
documents through accounts and there is a price
structure for doing so The public has free ac-
cess to a search engine and the results produced
by the search but retrieving and downloading a
document or documents from a particular
court case linked to the index costs $6 instead
of the $8 charge if a person went to a court reg-
istry and asked for a file to be pulled for view-
ing within the registry itself physical photo-
copying is extra
We asked CSO about the rationale for its
costs The reply ldquoThe BC CSO service costs are
generally calibrated to make it a user-pay service
which is funded by its use and does not impose a
burden on taxpayers by making it a subsidized
servicerdquo
In the US PACER an acronym for Public
Access to Court Electronic Records is an elec-
tronic public access service of United States fed-
eral court documents
It covers civil criminal bankruptcy and
appellate cases that are federal and itrsquos the
output side of the American system PACER is
managed by the Administrative Office of the
United States Courts It allows the public to
obtain case and docket information from the
United States district courts United States
courts of appeals and United States
bankruptcy courts
Each court maintains its own system a
small subset of information from each case is
transferred each night to the US PartyCase
Index located in Texas at the PACER Service
Center in San Antonio
Records are submitted to the individual
courts using the Federal Judiciaryrsquos Case
Management Electronic Case Files (CM
ECF) system which is the input side and has
its own cost structure It accepts the filing of
documents in PDF through the electronic filing
system of each court which maintains its own
databases with case information The index
provides the necessary links to the actual docu-
ments stored in each court
Access to all PACER dockets is available by
registering at its site
lthttppacerpscuscourtsgovgt and the
download cost is eight cents per page with a
US$240 cap per case session with payment
usually quarterly by credit card for those with
non-American addresses
Those with American addresses can get free
access via
lthttpwwwfreecourtdocketscomgt
How does the cost and range compare
BC Court E-Filing to Page 20
By John Clerides
Part of my job de-scription includes
meeting people at so-cial gatherings orbusiness eventsWhen the conversa-tion turns to whatone does for a livingwe inevitably end uptalking about wine
Most people Ispeak with have little understanding abouthow wine is sold imported or priced inBritish Columbia while ironically theyare acutely aware of the low prices forwine in the United States and Europe
When I begin to explain how our sys-tem works people often shake their headsin disbelief So let us spread this cheer byexploring the inner workings of theBritish Columbia Liquor DistributionBranch (BCLDB) and how a wine ispriced
The method used to price wine iscalled an ad valorem tax What does thismean
One source ndash Investopediacom ndash de-fines it as A tax based on the assessed value of
real estate or personal property Ad valoremtaxes can be property tax or even duty on import-
ed items Property ad valorem taxes are the
major source of revenue for state and municipal
governments
The ad valorem tax that the BCLDB usesto assess wine is 117 on the first $751of landed cost Everything thereafter istaxed at 55
Letrsquos take a wine from France with anexport price of euro3 a bottle or euro36 a caseBased on a euro160 exchange rate betweenEuros and Canadian dollars the Canadi-an equivalent value is $5760 a case or$480 a bottle
Now the fun starts An importer factors in shipping tran-
sit insurance storage insurancewarehouse charges administra-tion storage itself (usually sixmonths) the picking sur-charge delivery to theBCLDB locations fuelsurcharges (thereare two of thoseone when the wineis initially shippedand received inBC and onewhen itrsquos movedto the BCLDBrsquoswarehouse) han-dling and any spe-cial labelling
These costs usu-ally add up about$15 or $20 a caseDepending on thenumber of cases im-ported the higher thequantity the lower theshipping charges Now addon the importerrsquos profitwhich varies but usually is be-tween 10 and 20 of the ex-port price
If the importer sells a wealth ofcases they can work on less margin andmake it up in volume If it is a limitedproduction winewith good reviewsand scores theywill try to eke out abit more All ofthese costs are fac-tored in before the117 BCLDBmarkup
So take theinitial export priceof the case ofwine $5780 Addin $20 a case forshipping and othercosts plus 20 profitfor the importer Thecase of wine lands inBritish Columbia at $8910or $742 a bottle
Now the BCLDB applies itsmarkup That
$480-bottle of wine which left Francewill now retail in BC for somewhere
$23 and $26And wersquore not factoring in
currency fluctuation TheBCLDB rules are such thatif an importer applies fora listing at one retail
price and then theEuro increases by 30eight weeks later theimporter is obliged toadhere to their initialretail price
Therersquos more TheBCLDB has specificdays you can apply forprice changes If animporter has to re-pricea wine so they do not
lose any money theymay have to wait a month incurring ad-ditional storage charges It can also workthe other way too but this rarely
happens While a large percentage of the
price you pay for wine goes intotaxes and logistics it does not take
away from the care that goesinto wine on the front end
Carefully managing the landallows the soil to become
alive reducing the size ofthe harvest harvestingvineyards by handmanaging leaf growthcarefully handling vini-fication and agingpractices precisely
All these take yearsto master and all con-tribute to the qualityand enjoyment of awine Sometimes youdo get what you pay for
John Clerides is the owner
and President of Marquis Wine
Cellars John travels extensively
through the wine regions of Italy
France California Washington State
Oregon and Australia Visit his shop at 1034
Davie Street Vancouver or his website
lthttpwwwMarquis-Winescomgt
TopicsTHE BUCK STOPS WITH YOU
Why the price of winemakes you want towail and whine
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorgr S
John Clerides
JAY PATEL ARTIST
11
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
erwise not be sharedWhen you are in a relaxed state the
neo ndash cortex (the subconscious area ofyour brain) is more likely to become acti-vated This is your resource centre aplace where you can really tap into thethings that make you happy and thusbring tools that can help you remain fo-cused establish new goals and findstrength to change situations that arehonestly not working for you
Now bring the Change Management For-
mula components into this concept whenyour relaxed resourceful and reflectivemindset has had a chance to communi-cate with your logical strivedrive dailyndash performance mindset about a positivechange or goal for you to achieve it islikely that your resistance to changewhich may have spent the better part ofthe past year as the dominating factor ina part of your daily duties or desires is
now less powerful than your dissatisfac-tion + vision for what potential you canreach
It is helpful to know that fear drivesthe resistance to change whereas theendless and ominous power the subcon-scious mind provides when it comes tohuman achievement drives vision It istypical that the subconscious mind over-comes conscious fears getting to the re-sourceful state to do so is the key
Pay attention to this seasonrsquos externalforces the ones that spark your internalforces that motivate you to try somethingnew Your desire for change fuelled byyour subconscious desires has overcomethe fear thatrsquos a regular and natural pre-cursor to change
The ability of the subconscious mindto communicate ndash that is the change fac-tor that is different That is why this issuch a powerful time and why it is so im-portant to concurrently incorporate the
last component of the Change Management
Formula taking the first steps towardschange It will give you a good push tostart you swinging towards your personaland professional goals
Herersquos an exercise Letrsquos take that firststep together in the form of experiencingan amazing example of awareness accep-tance dedication and success through thefollowing story
An artist was standing proudly by hisdisplay sculpture at the Art Gallery open-ing Its colour was the traditional gun-metal it was shiny with glistening hints ofbronze and onyx-like shades throughoutthe massive winding tree-like structure
As the crowds gathered he launchedinto an introduction of the piece confess-ing that he had salvaged a gargantuanpiece of metal and intended to bring itinto its existence as a beautiful art sculp-ture The audience was captivated by the
Goalsetting 101 from Page 1
Goalsetting 101 to Page 13
Smile amp Link
SMILE
One of the new features of our redesigned
website includes the ability to post individual
profile photos next to each personrsquos 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
membershipbclmaorg
Thank you for your co-operation
LINK
BCLMA is LinkedIn
The BCLMA is now a group on the popu-
lar business-social website LinkedIncom
which can extend your existing network of trust-
ed contacts
Add the Group and enhance your profes-
sional profile
Topics 12
artistrsquos voice ndash full of wonder and fantasyndash as he continued with the evolution ofthe sculpture
Several months into the creation heexplained he thought the piece was ru-ined and worthless He had discovered adeep ugly flaw along what was intendedto be the most visible line of the intendedfigure
At first it seemed to be a small obsta-cle but as the weeks and months wentby the artist was unable to camouflagethe flaw In fact it seemed to enlarge be-coming more noticeable No matter whattechnique he used the roughness of theflaw could not be tamed not even by themost powerful commercial ndash grade steelsaw the trusted companion in all of hiscreations
For the next several years the artiststruggled with how to work with the chal-lenge He returned to face the piece from
time to time viewing its physical imagefrom different vantage points in proximi-ty and height in differing lights butcould not find a way to resolve the issue
He had loved the piece for so long de-spite its shortcoming it was a truly spec-tacular figure from all but one angle Hewould touch it dust it work on an areaaway from the flaw but no matter whathe did it eventually became obvious to theartist that this flaw would keep the piecefrom being accepted at commercial gradeby his customers and the art industry
If he were to leave the flaw as is itwould have to be displayed in a privateplace for his external reputation could beharmed if it were publicized that he waswilling to live amongst lsquosecondsrsquo with thesame attitude and charisma that he exud-ed with his lsquoperfectrsquo pieces He was fear-ful of taking a risk that might end his ca-reer
So the artist resolved that the only op-
tion was to abandon the piece to createmore room in his studio He decided toforget it in order to focus his creative re-sources on a more fruitful project
Surprisingly moments after arrivingat this raw emotional state somethingcame over him that refused to allow himto abandon the project The decision hadbeen made in his conscious state andonce his conscious mind released its holdhe found himself for the first time lookingat the real problem ndash which wasnrsquot theflaw
He stopped approaching the problemwith his business senses his logicalthought processes to do with the adviceon use of his time analysis of the productrsquos eventual profitability and hisreputation amongst stakeholders in hisartistry
Instead he approached the problemwith a tool he possessed that was morepowerful than his business brain more
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 13
SAVE THESE DATESMark your calendar with these upcoming
events and important dates
Wednesday Sept 23 2009
BCLMA ndash ALA ndash TLOMA Breakfast
webinar lsquoEvolve to Solversquo Presented by Gary
Mitchell (Vancouver) and Catherine Mitchell
(Toronto) of GEM Communications
Fri-Sat Oct 2-3 2009
ALA Region 5 Conference Fairmont Banff
Springs Banff Alberta Canada
Wednesday Oct 7 2009
BCLMArsquos First-Ever Leadership Series
lsquoLeadership amp Balancersquo Presented by
Joanne Ward BComm BEd MA CCC
Thur-Sat Oct 21-23 2010
BCLMA Educational Conference Vancou-
ver Contact Jane Kennedy at Membership ad-
dress below to join the Conference Planning
Committee
Goalsetting 101 from Page 12
powerful than his electricsaw His emotional brain +his heart became the en-gine and fuel behind the so-lution the solution that wasin sync with who he was acreator a transformational-ist a builder
With the voice of a wiz-ard the artist shared withthe rapt crowd around himwhat the audience hadbeen waiting for what hadbrought the seemingly bro-ken hopeless unattractiveand invaluable piece to thegrandure the people wit-nessed today
The first component ofthe plan that emerged fromhis subconscious state com-
mitment He truly did notwant to abandon the struc-ture despite its lack of com-mercial value He foundhimself committing to thefollowing familiar proce-dures that worked for himin the past (1) Hard physical work (2) Exhausting mental work as he focused
his attention on small progressivesteps
(3) Time a lot of time more time than hehad previously been willing to devoteand
(4) Various tools in addition to theallndashpowerful electric saw The second component patience In-
stead of brutally amputating the trou-bling piece he used the saw ndash but in amuch more gentle patient manner in or-der to shave thin layer after layer off thedamaged surface
The third and perhaps most importantcomponents in bringing about the changewere combined in attitude and respect In-stead of resenting the flaw he created anecological space for his creativity to flow asit did with other pieces that appeared lsquoper-fectrsquo He let go of the stressors ndash makingmoney and personal gain ndash to honour theinternal reasons for this project
The hours he spent polishing the vi-
able edge material flew by Ingenuitybloomed as it dawned on him he coulduse a resource he had never tried beforein his sculptures a chemical elixir to dis-solve the edges where neither the power-ful saw nor the gentle buffer could pro-duce the desired result
Success the flaw smoothed away theintegrity of the piece maintainedThrough all of the alternative processesthe artist achieved his goal bringing thepiece to a level of public acceptance andhigh market-value but that itrsquos mostvaluable to him personally and profes-sionally Thatrsquos when he said the piecewas not for sale
Everyone in the audience smiled anddrew their gaze up to the top of the struc-ture They had in that 10 minutes madethe journey from the raw troubled begin-nings to the place of a polished visionThey had during that short time livedwith the artist through his accomplish-ments in reaching the potential of the man
and the object on this seem-ingly dead-end situation
POINTS TO PONDER ndash FLEX THOSE SUBCONSCIOUSMUSCLES
If you stood with thegroup at the foot of the stat-ue without the introductionfrom the sculptor you wouldnever have known it wasoriginally rejected by its cre-ators ndash nature metal makersand the artist ndash and was onits way to becoming a worth-less object ignored by thepowers that controlled theenvironment where it trulybelonged and shone
Notice through yourjourney with this passionateartist that you are now in aresourceful state of appreci-ation for the importance ofawareness acceptance nur-ture and transformation
Is it possible for us toknow the worth of ourselvesor another without spendingsome time to become gen-
uinely acquainted with the 360 degree in-ternal and external view ndash with what wecan and cannot see Are you willing torisk answering ldquoyesrdquo to this question andnot take a deeper or more resourcefullook at yourself or others
Send me an e-mail let me know whatyou decide
Jan Whyte is a Certified Professional Coach
as well as General Manager and Administrator
of Murphy Battista Barristers in Vancouver
She can be reached at
ltWhyteMurphyBattistacomgt
She has spent 26 years working in litigation
firms in Vancouver In addition to her adminis-
trative role at Murphy Battista she consults with
staff and lawyers on various components of life in
law firms including recruitment worklife bal-
ance team dynamics such as leadership or con-
flict resolution and enhancing individual and
group performance Jan is an active Board Mem-
ber and the President-Elect of the BC Legal
Management Association
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
14Topics
SEBA
STIA
NKA
ULIT
ZKI
ARTI
ST
By Mike Bowerbank
In the olden days ndash you know way backwhen Windows 95 was new and crash-
ing computers ndash your social network con-sisted of friends you hung out with andtalked to in person
Face to face Can you believe thatIn 1995 the first large social
networking site sprang upClassmatescom gave people anew way to relive those awk-ward high-school moments It
also enabled visitors to see if thecaptain of the rugby team still had hairand his own teeth
It was more of a way to capitalize onnostalgia with a specific group of peopleso one could argue about just how muchof a social network it really was
The first of what we associate with so-cial-networking sites today was launchedin 2000 Friendstercom grew quickly andbecame so popular that it spawned sever-al copycat sites including MySpace (2003)and Facebook (2004) both of which havesurged ahead of Friendster in popularity
All of these sites allow you to post aprofile that includes all of your personaland contact information show off pic-tures of your kids and make the entireonline world aware of your happeningsSuch sites quickly became the way to stayin touch with people without ever havingto you know actually see them or talk tothem
The great thing about these sites is theease with which we can keep in touch
with people despite our time-crunched lives Rather thanphone or meet with the peoplein your life you can simplyupdate your page with yourlatest news and pictures so
that everyone can see them at onceYou can also play games take quizzesand interact with people from all over theworld
Some businesses are using social-net-
working sites tobuild their brandimage and tomaintain contactwith like-mindedcompanies andclients
One site in par-ticular LinkedIn isgeared specificallyfor professionalsand entrepreneurs and now boasts morethan 36 million members in 200 countries
GONE PHISHINGThere is a problem prevalent on e-
mail known commonly as lsquophishingrsquo
Phishing occurs when a fraudulent mes-sage urges you to visit an internet link toverify passwords account information orother personal or private details
Your participation provides crookswith access to your bank accounts for in-stance which they promptly empty
Other thieves donrsquot need to phish bye-mail thanks to social networking Mostpeoplesrsquo passwords for their logins orbank accounts are the names of their kidsor pets PIN numbers are often signifi-cant dates such as birthdays and anniver-saries If that type of information is post-ed on your Facebook page it is literally avirtual bonanza for thieves
Social networking sitesalso seem to appeal to sexu-al predators so keep an eyeon your children as theyuse these types of sites
According to Wikipediathere are now over 200 so-
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
15NOT-SO-SOCIAL NETWORKING
When I was a kid we had Windows 95and we talked to people ndash and we liked it
Topics
zsaca I 1-877-681-0706
Elizabeth Borrill I eborrill zsaca
in change
Wersquore yourpartner
Mike Bowerbank
cial-networking sites online and manypeople are on more than one
FACE TO FACEBOOKFacebook has become the most popu-
lar social-networking application Morethan 200-million users take quizzes up-load pictures contact long-lost friendsand post status updates letting peopleknow what theyrsquore doing from day today
Prospective employersalso use Facebook to look upapplicants Remember thatcandidate who was dressedto impress in your office dur-ing the interview andseemed so eloquent Thatrsquosthe same guy whose Face-book profile photo showshim passed out on the street wearing atutu with a status update that reads Party
Naked
Personal-injury lawyers use Facebookto disprove disability claims One case in-volved a person on leavefrom work because theyclaimed they were toosore to use a computerBy logging onto Face-book opposing lawyerswere able to dispute theclaim by demonstratinghow the injured personused computers regularlyto update their Facebook page Policehave used both MySpace and Facebookto check for probation violations andweapons being brandished in public
If you think your profile is only opento other Facebook users think again OnJune 12th Facebook enabled your profilepage to be viewed as a web page Theformat is wwwfacebookcomusernameand you no longer need a Facebook ac-count to view a memberrsquos profile page
TWITTER TWEETS AND TWITSJust when you thought Facebook had
taken things far enough into the ldquotoomuch informationrdquo realm along came anapplication that is the new killer appTwitter is basically a bare-bones text-based social application made with cell
phones and Blackberries in mind Youbroadcast short messages (140 charactersmaximum) known as tweets to yourworld
Twitter has become the third most-popular social-networking applicationbehind Facebook and MySpace respectively
Twitter like all social applications hassome good practical uses For examplein this recent election in Iran Twitter be-
came the organizing tool of choice for thepro-reformist camp using it to makeprotest arrangements and send globalmessages slipping these past censors(The Iranian government promptly re-
sponded by blocking Twitter and Face-book in the country showing the vulner-ability of both mediums)
While the horrific scene unfoldedduring the 2008 Mumbai attacks in In-dia an estimated 80 tweets were sent ev-ery five seconds People on the scene ofthis terrorist bombing and shooting usedtheir tweets to help compile a list of ca-sualties and to broadcast the location ofhospitals that needed blood donations
In the legal world Twitter allowslawyers in court to provide minute-by-minute information to other lawyers backat the firm This enables assisting lawyers toprepare appropriate materials as needed
With those notable exceptions ac-knowledged one canrsquot help but comparethe pragmatic uses to the vast majority of
Twitter users who consider standing inline at Tim Hortonrsquos post-worthy or thatthere is a terrible smell coming from theirfridge Twitter is used mostly as a narcis-sistic tool so that the world can know ofyour daily happenings ndash sort of a way tobe the star of your own reality show
LIKE OMGSocial networking can be fun and
useful if used sparingly and casually In-stead of getting out andmeeting each other peopleare using social networkingsites to look for love com-panionship and even extra-marital affairs And theysay romance is dead
If you joined Facebookjust to see what your kids
are up to be forewarned that you mightactually find out and wish you hadnrsquot
Donrsquot spy on your kids talk to themYou know with actual spoken words likethey used to do way back in the 20th
CenturyWhen your com-
puter screen becomesyour main window tothe world and literallybecomes your sociallife you might be ad-dicted Such an addic-tion is as serious as-andno easier to overcome
than-other addictions like gambling As the world becomes increasingly
connected it seems that people in societybecome increasingly isolated socially Itrsquosthe paradox of modern communicationand contributes to a large part of the rea-son why Generation Yndash the Millennials ndashusually excels at technology but generallylacks in social skills
If this trend continues and more peo-ple live online good social skills may endup as extinct as the 525rdquo floppy driveand the game Pong
I know Irsquom writing some things towhich online addicts may object but Idonrsquot expect to hear from them aboutit
They only read things that are 140characters or less OMG LOL
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 16
PHILI
PBA
RKER
ART
IST
When the Vancouver OrganizingCommittee for the 2010 Olympic
and Paralympic Winter Games (VANOC)sets up its on-the-ground operations inearnest this fall and winter itrsquoll be mak-ing room in a downtown Vancouver ho-tel in early February for a special Gamesdivision of the Court of Arbitration forSport (CAS) supervised by a city lawyerwho is well-known in the Olympicsmovement
The International Council of Arbitra-tion for Sport (ICAS) which is based inLausanne Switzerland is the fund-rais-ing and administrative body that tookover from the International OlympicCommittee as the Courtrsquos supervisory organization
The IOC launched the court in 1984to settle disputes amongst its sports feder-ations but within its first decade theIOC became increasingly criticized forthe strength of its influence over thecourt The ICAS was formed in the mid-1990s to create independence and an ad-ministrative structure for the courtrsquos in-creasing activities
Three permanent courts exist ndash Lau-sanne Switzerland (where the IOC isalso headquartered) New York and Syd-ney Australia But the ICAS also estab-lishes ad hoc courts such as the one forthe 2010 Games as needed The CASuses about 300 arbitrators from 87 coun-tries and handles about 200 cases a year
The CAS for the Olympic portion ofthe 2010 Winter Games will include ninelawyers acting as arbitrators to operatein the Renaissance Vancouver HotelHarbourside at 1133 West HastingsStreet from February 2 10 days beforethe start of the Games to February 28the day of the Olympic Closing Ceremo-ny
The Renaissance is one of three bigdowntown Vancouver hotels ndash includingthe Bayshore and the Pinnacle a corpo-rate sister of the Renaissance that is locat-
ed right across West Hastings street aswell as the Vancouver Club ndash thatVANOC is taking over completely duringthe Olympic portion of the Games sothey can be used by the IOC and its re-lated organizations
On March 26 the ICAS formally ap-pointed Tricia Smith ndash Vancouverlawyer and partner of Barnes Craig ampAssociates ndash as its liaison officer withVANOC In this role Smith will carry re-sponsibility for the relationship and com-munication between ICAS CAS andVANOC between now and when theOlympic portion of the Games wraps upin early March
Smithrsquos legal experience communityinvolvement and sports backgroundmake her an excellent candidate for thisrole
Although her law practice focuses onmanaging claims for liability insurers andproviding risk-management consultingshe is also a sports arbitrator with anabiding interest in the Olympics
Smith has been a member of the ICASsince 2001 She was unsuccessful in aclosely fought contest with Marcel AubutQC OC a Quebec City-based lawyerwith Heenan Blaikie in a bid this pastspring to replace the Canadian OlympicCommitteersquos (COC) current presidentMichael Chambers when his term endsafter the 2010 Games she will remain onthe COCrsquos Executive Committee as theorganizationrsquos vice president workingfirst with Chambers later with Aubut
Smith is also a four-time Olympianand medallist in rowing the founder andpast president of Olympians BC and vicepresident of its parent organizationOlympians Canada
Smith remains a member of the Exec-utive Committee of the InternationalFederation of Rowing Associationswhich is also headquartered in Lausanneand chairs its Womenrsquos Rowing Cross-Commission
She is also a former member of theBoard of 2010 Legacies Now which wasoriginally formed by the BC govern-ment to be the armrsquos-length implementerof several major social goals of the gov-ernment connected with the Games
Although 2010 Legacies Now contin-ues to work on those goals with the helpof various companies connected to the2010 Winter Games and others and al-though it receives the majority of its fund-ing from Victoria it is now a fully inde-pendent society
The CAS usually involves panels ofthree arbitrators each and they deal witha wide range of issues involving the intri-cacies of relationships between the nu-merous international sports federationsthat the IOC supports through fundsgenerated by sponsorships and Olympicgames and it often deals as well with ap-peals from decisions by the federationsthat affect their athletes
Its work in the controversial field ofanti-doping gives the CAS its highest visi-bility For example just this past June itworked out the appropriate suspension ofGerman ice-hockey player FlorianBusch who made the mistake last De-cember of refusing to provide a urinesample when a doping-control officerknocked on his apartment door a sur-prise test is a known and standard part ofthe International Ice Hockey Federa-tionrsquos procedures for out-of-competitiontesting
Though he took the test a couple ofhours later and it was negative forbanned substances it was too late Therewas a plethora of subsequent legal argu-
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 17BAIRNES CRAIGrsquoS TRICIA SMITH TO SUPERVISE
A sophisticated new court will be set up indowntown Vancouver for the 2010 Games
ments and appeals from various bodiesabout which one should sanction himand for how long
The CAS sorted through the compet-ing claims and ruled that he would re-ceive a two-year suspension effectivelypreventing him from competing in the2010 Games
Perhaps one of its most famous caseswas a decision to uphold a life-time banon taking part in Olympic winter gamesimposed by the IOC against three of fourmembers of the Austrian Nordic skiingteam attending the Torino Italy WinterOlympics in 2006 for allegedly sharingldquocomplicity to violate anti-doping rulesrdquo
Eventually the CAS court commuteda similar ban to the fourth member of theteam to a four-year suspension ndash it endsjust after the 2010 Games ndash after review-ing his lesser role in the affair
When the Olympic Games are under-way the Athlete Villages in Vancouverand Whistler and any separate apart-ments used by Olympic athletes theirteam coaches and related officials have akind of diplomatic separation from thecriminal laws of the host country when itinvolves things such as drugs where con-victions in some countries carry thedeath penalty The IOC as part of itsthicket of legal agreements with hostcountries obtains the authority to lookafter anti-doping cases on its own termsduring the Games The deal usually in-volves the local police going in with IOCinvestigators each with their own juris-diction
The cases can be deadly serious Theanti-doping case that involved the CASstemmed from a joint IOC-Italian policeraid on the rooms of the Austrianbiathlon and cross-country squads onFebruary 18 2006 in the teamrsquos privatequarters in the Italian Alps while theTorino Games were underway
The IOC later reported that 80 medi-cal devices including advanced medicalequipment were found in the apartmentalong with used syringes blood bagsblood-transfusion equipment and evenbloody handkerchiefs
In 2010rsquos case once the Games arefinished the CAS court goes too
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 18FIRM LEADERSHIP THROUGH UNCERTAIN TIMES
Leading your firm through the difficultdilemma of terminations or layoffsBy Tim Wurtz Administrator Baker Newby LLP
Our profession and the world at largebuzzes with the employment impli-
cations of our general economic slow-down Whether you face small adjust-ments to your work force or a larger scalelayoff to control that salary expense lineitem leadership before during and afterany termination plays a central role inhow your firm will weather any fallout asa result of constraints to your work force
LawShuckscom reports that 125 ma-jor law firms around the globe have an-nounced or conducted layoffs The com-bined total is 10723 people 4015lawyers and 6708staff Most law firmson that list thank-fully do not haveany significant rec-ognizable namesfrom our BCLMAnetwork however all local firms whospoke with me are cautiously managingtheir salary expenses
While most research and surveys thatexamine the long-term effects of downsiz-ing indicate that companies that cut staffend up disappointed with the resultsmany of us will face formulating staffingstrategies to control costs Layoffs mayserve a short-term need but create largerlong-term issues Nonetheless we mustmanage and lead as directed by our Part-nership or Managing Committees
I am sure my fellow Administratorsand HR Managers will agree that an im-pending termination on any scale canconsume the workday We complete thenecessary forms derive suitable severancepackages develop plans to reassign workor alternatively reinvigorate the recruit-ment process to find a suitable replace-ment While we focus on the person orpersons being terminated we might over-look and forget or ultimately deny an im-portant aspect of the overall process ndash the
employees we keepThe Law Practice
Today section in theJanuary edition ofthe ABA Law Prac-tice Management in-cluded an article byJaffrey C Connerconcisely summariz-ing the point that fu-ture success of a firm depends largely onthe leadership of management after anylayoffs have been made
The workplace mood becomessomber People ask themselves ldquoAm Inextrdquo There will be a significant amount
of distrust of man-agement and anxi-ety over subsequentjob losses Thesefeelings must betempered by astrong unified mes-
sage from Management It is reasonableto admit the future is uncertain and thatevery effort will be made to ensure astrong and viable law firm well into thefuture Also tell the staff that this uncer-tainty will undoubtedly result in difficultdecisions after every possible alternativehas been considered
Terminating employees is a decisionthat is never made lightly To be an effec-tive leader you need to reinforce that alloptions were considered prior to layoffsUnder conditions of economic uncertain-ty the contribution of leadership is notsimply to inspire or build confidence butrather to solve problems and make ap-propriate strategic decisions
I learned an important lesson at lastyearrsquos BCLMA Conference Peter deJager a specialist in Change Manage-ment said in the closing session ldquoPeopleactually are not resistant to change theyare resistant to the way change is broughtaboutrdquo
Some employees consider termina-
Tim Wurtz
ALL LOCAL FIRMS ARECAUTIOUSLY MANAGINGTHEIR SALARY EXPENSES
tions or layoffs as drastic and developstrong feelings against managementLeaders must remain aware of the per-ceptions of their Partnership BoardManagement ndash and staff All three groupsinfluence a leaderrsquos ability to implementchange specifically to bring about signifi-cant staffing reassignments
Much literature exists about the dis-tinction between leaders and managerswith leaders having vision and creativityand managers focusing on improving ef-ficiency Leaders should exercise dili-gence toward gaining an understandingof their capacity within the organizationto properly apply leadership theories ifappropriate
During uncertain times we need tothink about adaptive and situational lead-ership-the right person with the rightstyle for the right situation Mining theInternet and academic journals for de-scriptions of leadership styles yields hun-dreds of words typically used to describe
a vast variety of leadership traits andtechniques
Two styles reside on opposite ends ofthe spectrum Visionary Leaders and Au-thoritative Leaders A visionary leaderpossesses a charismatic personality em-braces a democratic approach to the de-cision-making process and tries to en-gage staff in ongoing strategic initiatives
An authoritative leader prefers au-tonomous control over decision-makingmotivates employees using various formsof intimidation shows reluctance at relin-quishing control and fails to actively seekfeedback throughout management pro-cesses During difficult and emotionalstaff terminations and re-assignments theenormous grey area between these two
styles is required to carefully steer yourship through difficult waters
Use components of visionary leader-ship to bring employees into the world ofdecision-making Solicit ideas Listen towhat staff say when you introduce cost-saving measures For employees who areterminated or laid-off consider outplace-ment services a mutually agreeable refer-ence letter and perhaps access to thefirmrsquos resources or referral networks sothey can actively seek other employmentFor employees who are retained and pos-sibly required to assume additional re-sponsibilities for the same or less paythink about new benefits you can offerthem such as additional training andsupport
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 19
TERMINATIONS OR LAYOFFS ARE ABOUT LOSS BUT THEY ALSO CREATE OPPORTUNITYFOR US AS LEADERS AND MANAGERS
JAM
ESTH
EW
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Use aspects authoritative leadership toreinforce the notion that difficult deci-sions are inevitable that assuming issuesassociated with terminations or downsiz-ing will solve themselves over time is irre-sponsible It is important not be per-ceived as laissez-faire in yourmanagement capacity and to clearly es-tablish that while difficult the decisionsmust be respected
We are expected to possess the skills toproperly and compassionately deliver badnews to staff As managers it is our dutyto be knowledgeable of how people willreact and deal with the ramifications ofour actions Often the problems in work-force reductions arise when people donrsquotsee logic in why they were laid off andothers kept their jobs People draw theirown conclusions
I know first-hand that remaining stafftypically formulate their own complextapestry of reasons to explain why some-one has been let go These conclusionscanrsquot include aspects of the decision-mak-ing process to which they are not privy
It is counter-productive however toargue with this mentality as they are typ-ically emotionally driven conclusions Ra-tionalization may serve to further fuel thefire of distrust of management
However we cannot ignore it entirelyeither We will need to address the ru-mours and speculation either as a groupor one-on-one
Terminations or lay-offs are aboutloss but they also create opportunityfor us as leaders and managers Ourwords and actions can inspire loyaltyand enthusiasm Vision and authoritymake great bedfellows in any leaderrsquosarsenal of tools but sustainable law-firm profitability and excellence takes aconcerted effort on any managerrsquos partto become and remain the leader that isthe glue in the firmrsquos organizationalculture
Leaders must be honest and trans-parent about current conditions whilstremaining positive and reassuring En-gage Consulting Solutions in its publi-cation Engaging Employees in Uncertain
Times suggests that you must counteractpervasive negativity by providing clear
consistent messaging about the firmrsquosreality regardless of the reality In addi-tion focusing on programs that pro-mote recognition employee wellnesslearning and development are also seenas crucial to reducing the uncertaintywhile increasing retention and engage-ment
The July-August 2009 issue of The
Harvard Business Review lists new requiredleadership skills particularly vital in ourclimate of economic uncertainty 1) Foster Adaptation ndash For instance de-
velop ldquonext practicesrdquo in addition tocontinuing with current best practices
2) Embrace disequilibrium ndash While thisseems to depart from traditional lead-ership efforts to create a harmoniousequilibrium it is suggested you keepstaff in a state that creates enough dis-comfort to induce change but not somuch that they fight flee or freeze
3) Generate leadership ndash Give employ-ees at all levels of the organizationthe opportunity to lead departmentsor firm initiatives that will help itadapt to changing timesA suggestion to Administrators and
HR managers struggling with difficult sit-uations Ensure you take care of yourselfthroughout these dynamic times Cam-bridge Leadership suggests that you 1) Give yourself permission to be both
optimistic and realistic2) Find sanctuaries where you can reflect
on events and gain perspective 3) Reach out to trusted confidants with
whom you can speak openly 4) Bring more of your emotional self to
the workplace noting that appropriatedisplays of emotion can effect change
5) Do not lose yourself in your role nordefine yourself through a single en-deavourThrough these uneasy times we must
skillfully balance the profitability of thepartnership with a healthy organizationalclimate for the firm
They are not mutually exclusive dur-ing economic uncertainty but do requirecareful planning and actions by law firmmanagers to advance our stature withinthe decision-making process to that of alaw-firm leader
dentials except for affidavits and orders Efficient ndash Law firms will like the ease
and convenience as well as the effi-ciencies gained E-Filing allows you tofile retrieve and electronically searchfiles from your office or home It sim-plifies document preparation for of-fices by eliminating the need to printand prepare multiple copies of docu-ments for filing After submitting your documents you
can check on the status at any time sim-ply by logging in at CSO If requestedCSO will automatically send an e-mailnotification as soon as the registry hasprocessed the document
Once the registry accepts the e-Fileddocument it is electronically stampedYou can then download the documentfor your files Enviromental ndash E-Filing can offer a
greener solution for offices by eliminat-ing the need to print and prepare mul-tiple copies of documents for filing As a result your office can use less
paper E-Filed documents do not need tobe physically transported thereby reduc-
BC Court E-Filing from Page 10
Topics 20
ResourcesE-Filing is available for most types of docu-
ments For e-Filing rules refer to SupremeCourt Rule 69 which is athellip
lthttptinyurlcomnasoj9gthellipand Small Claims Rule 22 located
at lthttptinyurlcoml7ch8ggtThere are quite a few Rules on each of these
web pages so once you arrive use your brows-
errsquos Find command to quickly search the page
for the text Rule 69 in the one case or Rule22 in the other
You can register for a CSO account online
through the CSO website atltwwwcourtservicesonlinegovbccagtor if you are a BC OnLine user through BC
OnLine at
lthttpswwwbconlinegovbccagtPlease visit Court Services Online at
wwwcourtservicesonlinegovbcca Questions can be e-mailed to
CourtsCSOgovbcca
E-Filing to Page 21
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
By Michael J Anderson Principal Innovative Consulting
Sometimes whenwe have our
heads down justploughing awaythrough the fires onour desk we losesight of the funda-mental things thatwe should do togrow our practices
Wersquore not talkingabout huge expensive or complex mar-keting strategies here We are just remind-ing you of the basics Several of you prob-ably already do many of these thingsseveral of you probably plan to do manyof these things Our hope is that this listwill remind you of what it takes to expandyour practice and spur you on to turnyour best intentions into best practicesWe also hope that you will gain some newideas and insights
The following in no particular order
is provided as a checklist for what youmight want to do to become more profitable
1Get out of the office Every great RainMaker will tell you that you must meet
with your current and potential clients of-ten either on their turf or on neutralground
2The old 8020 rule still applies Yes 80of your new work will probably come
from 20 of your current clients Do youknow which of your clients provide youwith the most work If you do how areyou building on that relationship We seetoo many firms and lawyers spendinggobs of time and money trying to attractan elusive new big client Your best tar-get for success is the client you alreadyknow and who already knows you
3Just say ldquoNordquo Being fearful of whereour next file will come from makes us
want to accept every possible bit of workthat might come in the door whether thework is profitable whether we have goodprospects for getting paid whether it is anarea of law in which we are comfortableor whether our time could be better spentattempting to land the work that we reallywant at rates that will help us to succeedIt seems to be the credo for many lawyersthat ldquoThey have never met a dollar theydidnrsquot likerdquo Instead ldquoFocus on the goodstuffrdquo as professional-business consultantDavid Maister would say
4Budget your time and money Typically alawyer works about 2500 hours each
year roughly split between 1400 billablehours and 1100 non-billable hours Thenon-billable time is broken into segmentsfor management associate training per-sonal education research and marketingWe suggest that every lawyer allows forabout 600 hours per year for marketingtheir practice with a marketing budget ofbetween 2 and 5 of their gross rev-enues The marketing should include ad-vertising website creation and mainte-nance marketing-skills training andclient promotion-among other things
5Get involved We have a moral duty togive back to our communities
Choose a charity community group po-litical organization or business associa-tion that you enjoy and is important toyou Many of these types of groups are
looking to add a lawyer or two to theirboards In addition to contributing to agreater common good you will also net-work with other successful business peo-ple
6Market internally Ensure that everyonein your firm knows all of the facets of
the work you are capable of handling theareas in which you are looking to expandand your availability to handle the workAsk your partners about possible cross-selling opportunities Since cross-selling isa two-way street look at your own clientlist for possible situations to offer yourpartners For younger lawyers internal
marketing is possibly the only marketingthat they can do as their peer group hasnot yet risen to positions or situationswhere they can direct legal files to theirfriends Every young lawyer should askthe more senior members of their firm forwork on a weekly basis A lot of work willtransfer down to them if they prove theycan handle it
ing fuel consumption and its environ-mental impact Inexpensive ndash An office can reap sav-
ings from e-Filing through reducedprinting costs as well as reducedcosts from delivering documents tothe registry particularly when fil-ing beyond the local registry There is a $7 e-Filing transaction
fee per filing package regardless ofwhere the document is filed A filingpackage is any number of documentsbeing e-Filed to the same court file atthe same time The transaction feeand any applicable statutory filing feesare paid online through a BC OnLine
deposit account or with a credit card With all of these positive reasons
to e-File why not give it a try Go on-line today to view a demonstration ofhow to e-File to an existing court fileor how to use e-File to start a newcourt file
15 ideas for improving your practice
BC Court E-Filing from Page 20
21Topics
Michael Anderson
HOW DO FIRMS USE ON-LINEVIDEO TO VIEW AN
EFFECTIVE USE OF THISMEDIUM VISIT TORYrsquoS
WWWTORYSCOMVIDEOCENTERPAGESDEFAULTASPX
SINCE CROSS-SELLING IS ATWO-WAY STREET LOOK ATYOUR OWN CLIENT LIST FOR
POSSIBLE SITUATIONS TOOFFER YOUR PARTNERS
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
7Go to school Many lawyers can benefitgreatly from marketing training or
personal coaching In the old days a se-nior partner would grab an associate bythe scruff of the neck drag them toclient lunches and warn them to just sitthere keep their mouth shut and learnAnd they did learn Similarly we needto develop ways to share the marketingskills that already reside within ourfirms especially for our youngermembers
8Create a ldquoDream Listrdquo In aperfect world who
would you have as clientsand what type of workwould they send you Onceyou have the list startstrategizing on how youcan get an introductionand what you would saywhen you finally meetthem Why should theyhire you What will set youapart from your competi-tion After all many clientsfeel that most lawyers arethe same ndash they point tolaw firm websites andbrochures where you willsee that most of them at-tempt to sell ldquoBetter Fasteramp Cheaperrdquo Differentiateyourself Innovate
9Research Do you trulyunderstand your clientsrsquo
core needs What issueskeep them awake at nightand what can you do tohelp them Use the Inter-net to gather informationabout your current and po-tential clients Use that datato customize your proposalto them This demonstratesan understanding of theirbusiness and a commitment tohelp them enhance it
10CRM Institute a Customer Relation-ship Management program that will
track who when how and what the nextsteps are in your marketing strategy A sim-ple and inexpensive option like MicrosoftOutlook or a more legal-specific option like
Amicus Attorney will get your started
11Write write and write some more Createa perception of expertise by writing
topical articles and getting them pub-lished in relevant print or online maga-zines newsletters and blogs
12Leverage your writing Create a mailingor even better an e-mailing list of
clients and potential clients and send
them copies of the articles that you writeThe goal is to have them say ldquoThis onesure seems to know their stuffrdquo Thenhave the article placed in a strategic loca-tion on your website so that visitors will
also see that you have expertise Take itone step further and create a seminarpresentation or speech using the article asthe basis Undertake each at the personalgroup or firm level ndash or all of the above
13Leverage your people How many timeshave we heard ldquoPush the work
down and free your time to do the moreimportant stuffrdquo Why do many of us still
resist that strategy Whether you are ina large firm with associates or a
sole practitioner with parale-gals use junior practitionersto a greater degree Usingleverage will make youmore profitable and freeyour time for more impor-tant things
14Web support Amongother things websites
are the brochures of the newmillennium Is your websitesupporting your marketingefforts or is it just a neces-sary expense The most ef-fective sites have a lot incommon they are builtfrom a clientrsquos point of viewthey are informative and ed-ucational they display yourexpertise they have person-ality they are well ldquotaggedrdquoto be picked up in Googletype searches and usevideos effectively
15 Discipline Sometimesour best intentions lack thediscipline to carry out whatwe know we need to doDevelop a strategy with atimetable to accomplish theplan Start with this check-list and add to it as youprogress along the road to
growing your practice Wehope that this will help you to
focus on the issues that are mostimportant for you and your firm go-
ing forward
Michael J Anderson is a principal in Inno-
vative Consulting Hersquos based in Vancouver and
can be reached at 6042724222 or at
andersoninnovativeconsultingca
Topics 22
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
SUMMER 2009
Editor Stephanie MarshManaging Editor Designer Peter Morgan
This issue is also available in PDF format atlthttpwwwbclmaorggt
Topics Archive amp Indexlthttpwwwbclmaorggt
Editorial copy 2009 BCLMA CANADA
Published by MORGANNewsletters 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 BC It is the BCLMA lsquos goal toprovide educational and networking opportunitiesto 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
NEWSLETTER SERVICES
TOPICS is a public newsletter We will be pleased toadd you to our mailing list for this newsletter Pleasecontact the Editorial Committee Chair or any mem-ber of the Editorial Committee listed on the left forcomments on any of these articles or to offer sugges-tions for articles in future issues or for adjustments tothe circulation list Comments are always welcome
REPRODUCTION RIGHTS
Topics is copyrighted however we encourage you tocirculate or copy this material unmodified for yourown internal or private use You may freely quoteany article or portion of article but it must be ac-companied by attribution Quoting any article orportion of article without attribution is prohibitedThe newsletter its contents or its material may notbe sold intact or modified nor included in anypackage or product offered for sale
EXECUTIVE Stephanie Marsh President
Fasken Martineau2900 550 Burrard StreetVancouver Canada V6C 0A3D 6046314767F 604-631-3232SMarshFaskencom
Jan Whyte Vice-President
Murphy Battista2020 650 West Georgia StreetVancouver BC V6B 4N7D 6046333811F 604-683-5084WhyteMurphyBattistacom
Gary Carter Director
Paine Edmonds LLP1100 510 Burrard StreetVancouver BC V6C 3A8P 6046831211F 604-681-5084GCarterPaine-Edmondscom
Cindy Hildebrandt Director
Richards Buell Sutton LLP700 ndash 401 West Georgia StreetVancouver BC V6B 5A1P 6046823664D 6046619267F 604-688-3830CHildebrandtrbsca
Evenna Liu Director
Oyen Wiggs Green amp Mutala LLP480 ndash 601 Cordova Street WVancouver BC V6B 1G1D 604-676-9074F 604-681-4081ELiuPatentablecom
Barb Marshall Director
Fasken Martineau2900 ndash 550 Burrard StreetVancouver BC V6C 0A3D 6046314991F 604-631-3232BMarshallFaskencom
Angela Zarowny Treasurer
Direct 6043510124azanddzShawca
Jane Kennedy Administrator amp Membership Services
BCLMA
PO Box 75562RPO Edgemont VillageNorth Vancouver V7R 4X1P 6049881221F 604-988-1221MembershipBCLMAorg
SUBSECTION LEADERS
Facilities amp Service ManagementJanice McAuley Co-Chair
Lawson Lundell LLP1600 ndash 925 West Georgia StreetVancouver Canada V6C 3L2D 604-631-9254F 604-669-1620JMcAuleyLawsonLundellcom
Lorraine Burchynsky Co-Chair
Boughton Law CorporationSuite 700 ndash 595 Burrard StreetVancouver Canada V7X 1S8D 6046474162P 6046876789F 604-683-5317LBurchynskyBoughtonca
FinanceSheila Tham Co-Chair
Watson Goepel Maledy LLP1700 ndash 1075 West Georgia StVancouver BC V6E 3C9P 6046881301F 604-688-8193SThamWGMlawcom
Linda Lucas Co-chairDavis LLP2800 Park Place 666 Burrard StVancouver BC V6C 2Z7D 6046436305F 604-687-1612E LLucasDavisca
Human ResourcesTina Giallonardo Chair
Miller Thomson LLP1800 840 Howe StVancouver BC V6Z 2M1P 6046872242F 604-643-1200TGiallonardoMillerThomsonc
Knowledge ManagementGreg Christensen Chair
Fasken Martineau2900ndash550 Burrard StreetVancouver Canada V6C 0A3D 6046314993F 604-631-3232GChristensenFaskencom
MarketingRecruiting
Small FirmsSharon Kwong Wah Chair
Young Anderson1616 ndash 808 Nelson StreetVancouver Canada V6Z 2H2 D 604-689-7400F 604-689-3444KWongWahLYAbcca
TrainersRuth-Ann Spencer Co-Chair
Bull Housser amp Tupper LLP 3000 1055 West Georgia Street Vancouver BC V6E 3R3 D 6046414921 F 604-646-2638 RASBHTcom
Lisa Dick Co-Chair
Fasken Martineau 2900ndash550 Burrard Street Vancouver V6C 0A3 P 6046313131 F 604-631-3232 LDickFaskencom
Technology Aaron Fahlman Co-Chair
Fasken Martineau2900 550 Burrard StreetVancouver Canada V6C 0A3D 6046314960F 604-631-3232AFahlmanFaskencom
Aaron Zuccolin Co-Chair
Watson Goepel Maledy LLP1700 ndash 1075 West Georgia StreetVancouver BC V6E 3C9 D 6046425661F 604-688-8193AZuccolinWGMlawcom
EDITORIAL COMMITTEE
Bob Waterman Chair
Richards Buell Sutton LLPD 6046619241F 604-688-3830BWatermanRBSca
Stephanie Marsh Editor
Fasken Martineau2900 550 Burrard StreetVancouver Canada V6C 0A3D 6046314767F 604-631-3232SMarshFaskencom
Mike BowerbankBurnabyMikeYahoocom
Lorraine BurchynskyBoughton Law CorporationSuite 700 ndash 595 Burrard StreetVancouver Canada V7X 1S8D 6046474162P 6046876789F 604-683-5317LBurchynskyBoughtonca
Paula ButlerBarrister amp Solicitor200 100 Park RoyalWest Vancouver BC V7T 1A2P 6047820373F 604-983-0372PButlerPaulaButlercom
Tim WurtzBaker Newby LLP9259 Main StChilliwack BC V2P 6K2P (1) 6047921376F (1) 604-792-8711TWurtzBakerNewbycom
BCLMA EXECUTIVE amp SECTION LEADERS
DENN
ISCO
X
BC Legal Management Association
not the best choice for small cas-es
It does have document-grouping functionality built in(Equivio) to help in the reviewprocess of massive documentsets but it is much more expen-sive than either Summation orConcordance
RINGTAIL FOR REMOTERingtail is an excellent choice
if remote access is importantthrough the Internet and notjust a VPN as this product wasdesigned specifically for a webbrowser
The downsides the user in-terface has a slightly dated lookand the data needs to be loadedfrom a central location not remotely
Ringtail can handle larger casesand is similar in price to Introspect
CASEMAPCasemap is an accompaniment to Sum-
mation Concordance or Ringtail While idealfor analyzing key documents Casemap isnot recommended for managing and ex-changing large volumes of data
It also links with TimeMap which cre-ates visual timelines ndash great for use incourt While relatively inexpensive youmust pay per year using subscriptionpricing and per user
All of these programs either throughthe Internet or on a laptop allow youto access your cases remotely ndash nomore dragging binders and boxesaround
You will be able to analyze your clientrsquos case faster and know sooner howyour case looks in comparison to youropponentsrsquo
While any new program will takesome getting used to the more you use itthe more you will wonder why you shuf-fled paper for so long
You will be able to offer your clientsmore value for their money and youwonrsquot be writing off time you wastedlooking for documents
Please note that this report is based onbest knowledge of the writer regardingcosts and features of the programs men-tioned at the time of writing
All details should be verified with theindividual software provider
Triage Data Solutions is a litigation document
management company specializing in scanning
printing photocopying optical character recogni-
tion (OCR) electronic document conversion
database coding and litigation software sales and
training with offices in Vancouver and Calgary
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 3
Trusted
Cost-Savings
Specialists
Excelera Consulting Group will
bull Identify significant measurable
cost savings
bull implement best-in-class purchasing
processes
bull negotiate premium contract terms
bull monitor invoice pricing to ensure accuracy
amp savings
Specialists in
Overhead Cost
Reduction
bull
Advisors to Western
Canadarsquos Top Legal
Firms
WWWEXCELERACA bull 604-990-7786
Litigation Software from Page 2 LITIGATION SOFTWARE COMPARISON mdash WHAT FEATURES ARE IMPORTANT TO YOUR FIRMrsquoS LITIGATORS
PROCESS SUMMATION CONCORDANCE INTROSPECT RINGTAIL
Import Data Yes Yes IT intense IT intense
Export Data Yes Yes IT intense IT intense
Can export the images as PDF Yes No Yes Yes
Has spell-check for data entry Yes Yes Custom No
Multi-language support No No Yes Yes
Track progress of reviewers Manually Manually Automatically Automatically
Links with CaseMapTimeMap Yes Yes No Yes
Integrates e-discovery native files Yes Not video files Yes Yes
Transcripts Yes Yes No Yes
Real time Transcripts Yes With LiveNote No With LiveNote
Trial Presentation Links with Sanction amp Trial Director
Links with Sanction amp Trial Director No Links with
Sanction amp Trial Director
Web Access Through VPN Citrix or WebBlaze
Through VPN Citrix or FTI No Yes
SQL Structured Query Language A database computer language that retrieves andmanages data in relational database management systems database schema creation and modi-fication and database object access-control management
VPN Virtual Private Network A computer network in which some of the links be-tween nodes are carried by open connections or virtual circuits in some larger networks (suchas the Internet) as opposed to running across a single private network
By Paula Butler Lawyer
Herersquos 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 re-
ceive a $25 gift certificate to Chevron Note that yourresponse remains 100 anonymous unless you attachyour E-Business Signature with your text Even if youidentify yourself to us to be entered into the draw yourparticipation will remain anonymous to our readersWe wonrsquot publish your name neither as a respondentnor as a winner
Paula Butler is a sole practitioner who specializes inlabour and employment law from her office in WestVancouver
The case of the pregnant receptionist
Mary-Jane is one of the two receptionists at Smith amp Frankin-son and she works 7 am to 3 pm five days per week
The second receptionist works 1230 pm to 6 pm Mary-Jane becomes pregnant and takes a
year off on pregnancy and parental leave Be-fore Mary-Jane returns to work she requests ameeting with you the Human Resources
Manager at the firm At the meetingshe tells you that she has hired a
nanny and has told the nannyto bring the baby to the of-fice at three-hour inter-vals starting at 9 each
morning so that Mary-Jane can breastfeed the
baby while she is atwork You explain to her
this wonrsquot work becausethere is no coverage for reception at 9 or at noon and that itwould be inappropriate for her to breastfeed the baby while sheis sitting at reception She leaves your office and immediately re-tains a lawyer
Does Mary-Jane have any legal recourse resulting from your decision
RESPONSE I donrsquot think the firm would have a duty to accommodate in
this instance however before it got to the point of the staff member storming
out and retaining a lawyer I would hope that we could reach a mutually
satisfactory solution I would make some suggestions (eg pumping at work
in a private area etc) She did take one year off for maternity leave I have
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 4
OUR NEW SCENARIO ndash TELL US WHAT YOUrsquoD DO IN
THE CASE OF GILLIANrsquoS REFERENCE
Gillian started working as a paralegal at Hamilton John-son amp Finch in November 2008
For a few months her work is commendable and sheseems to be fitting in with co-workers but it soon becomes
clear that Gillian maybe a problem She is aslow worker with littlemotivation she makesmany mistakes and sheseems to upset her co-workers by making un-kind and critical com-ments on a frequentbasis
However Gillian isnot given a performance appraisal nor does anyone talk toher about her ongoing conflict with co-workers
One day Bill one of the lawyers with whom she worksbursts into your office and says ldquoI canrsquot take it anymoremdashyou have got to get rid of Gillianrdquo This sentiment is thenechoed by a number of other people As the Director of Ad-ministration you make the decision that Gillian should befired but as there have been no warnings her employmentis terminated without cause and she is never specificallytold why the firm made the decision
Then you get a call from another firm in town askingyou for a reference for Gillian
What do you say
HOW TO BE OUR JUDGETO RESPOND WWWBCLMAORG
This feature of TOPICS compiled by Vancouver lawyer Paula Butler
is designed to get you thinking about workplace scenarios that might
happen ndash or have happened ndash 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 senderrsquos name
nor the firmrsquos name will be revealed to the editors ndash
only your response Next edition wersquoll print a selection of your
anonymous responses ndash and provide a new scenario
The Case of the Pregnant Receptionist to Page 5
YOU BE THE JUDGE
mation sessions ensured there was some-thing for everyone
Leadership | Law Firm Succession Planning |
Electronic Document Management and Storage |
Extranets | Public Relations | Generational Di-
versity | Improved Written and Oral Communica-
tion Skills | Tchotchkes amp SWAG (Stuff We All
Get)| Legal Trends | Data Security | Profession-
al Conduct | Going Green | Effective Financial
Reports | Harassment Prevention and Correction |
E-mail Best Practices | Social Networks | Law
Firm Retreatshellip
The list goes on There were also sev-eral scheduled Ideas Exchanges based onthe size of our firms Each one had rele-vancy and cross-border appeal
BCLMA delegates gained terrific valuefrom the sessions and brought back sever-al new ideas to their firms
KEYNOTE SPEAKERSA roster of speakers delivered address-
es on leadership perception and motiva-tion including Ret Lt General Russel L Honoreacute the
commanding general of Joint Task ForceKatrina who helped restore order amidNew Orleans hurricane devastation andpaved the way for rebuilding the city
Billy Mills a Native American mem-ber of the Oglala Sioux tribe whosegold medal marathon in the 1964Tokyo Olympics is considered to bethe greatest upset in Olympic historyMills remains the only American everto win the 10000-meter run
Liz Murray now an inspirationalspeaker who grew up with two drug-addicted parents whom she begansupporting when she was just 10Homeless by 15 she completed highschool in just two years while living onthe streets attaining a full scholarshipto Harvard University
LUNCHEON FOOD FOR THOUGHTThe Association Luncheon was
packed with activity and announcements Current and incoming Executive
members were introduced Former President Dick Nigon received
the David W Brezina Memorial
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 5All that ALA jazz from Page 1
never heard of anyone asking to bring their child
in to nurse but that is not to say it doesnrsquot
happen
Hi this is Paula Discrimination onthe basis that a woman is breast-feed-ing is a form of sex discrimination un-der the BC Human Rights Code As a re-sult having a lsquono breastfeeding atworkrsquo rule can be considered sex discrimination
If an employee asks to breastfeed ababy at work the firm would have aduty to accommodate and the best op-tion is to try to reach a reasonable ac-commodation with that employee Isthere a private area where the babycould be breastfed Is there someoneother than the second receptionist whocould cover reception
The accommo-dation process is ashared responsibili-ty and the employ-ee needs to be in-volved in finding aworkable solution
There are casesof women who askto bring their babyto work to nurseand if this happensat your firm I rec-ommend that you obtain legal advicebefore answering the employee
Donrsquot forget to have a look at ournew You be the Judge case on page 4 fordiscussion in the next issue lsquoThe caseof Gillianrsquos referencersquo and let us knowyour response about how yoursquod han-dle it
Paula Butler
The Pregnant Receptionist from Page 4
Award for his outstanding service andcommitment to the ALA over the pastmany years
More than US$100000 was presentedto Smile Train the charity selected inhonour of the 10th anniversary of theALArsquos Community Challenge Week-end (The Weekend is a national eventin which 90 to 100 ALA chapters under-take a community service project intheir local areas) The Smile Train pro-ject provides children in developing na-tions with surgery to correct cleft lipsand palates The ALA donation repre-sents the largest ever received by thecharity from a single association orgroup
President Wendy Rice-Isaacs complet-ed her term passing the leadership ofthe association to Susan French KoranBefore doing so one of the two manag-ing partners with which Wendy worksattending from Columbus Ohio deliv-ered a speech of genuine respect laud-ing Wendyrsquos contributions to the firmand to the ALA over the past 17 years
Wendy has certainly played a signifi-cant role in developing the new relation-ship between the ALA and the BCLMA
Wendy with ALA executive mem-bers Dick Nigon Patti Groff and JohnMichalik helped arrange the first meet-ing to discuss the opportunities to worktogether Members of the currentBCLMA executive board welcomedWendy Patti John and Susan to Van-couver this past spring to continuebuilding the foundation of this impor-tant relationship We too appreciateWendyrsquos contributions
Susanrsquos first order of business as thenew president was to announce the ALArsquosrebranding As she presented the newbrand and explained the logic behind it acarefully planned launch occurred behindthe scenes
ALA members switched signage in theconference centre (TV monitors registrationdesk vendor hall carpet mats brochuresetc) updated the website and sent a broad-cast e-mail to all ALA members
As we exited the luncheon we eachreceived a new ALA brochure and a to-ken gift sporting the new logo This mas-
sive undertaking was impressive and byall appearances seamless
DIDDELY DIDDELY DOO BOP BOPNow for a look around The Get
Jazzed theme was prevalent throughoutthe program At the opening receptionon Sunday evening we all connectedwith each other and reconnected withour ALA CALA and TLOMA colleagueswhile Dr Jazz and the New Orleans Sounds
played traditional Dixieland jazz fol-lowed by Storming the Band touted theldquothe hottest and most versatile band inthe Southrdquo
After the opening several of us attend-ed a vendor reception on colourful Bour-bon Street All types of music flowed fromthe open doors and windows of bars andrestaurants while patrons tossed beadednecklaces from second-floor balconiesThe Encore Reception late Tuesday af-ternoon was titled Lagniappe a Cajunword meaning ldquoA little something extrardquo
Delegates visited more than 100 ven-dors in the exhibit hall placed bids at theSilent Auction enjoyed drinks and appe-tizers and encountered three differentgroups of entertaining musicians
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 6
French Quarter statutes of lsquoFatsrsquo Domino Al Hirt and Pete Fountain all musical legendsall came from New Orleans even as they helped define its music for millions
Like Vancouver New Orleans did away with its streetcar system as not being lsquomodernrsquoenough only to discover theyrsquore pretty practical and ought to be reconsidered
Maybe Bombardierrsquos showpiece during the Olympics will change Vancouverrsquos mindset
TLOM
APR
ESID
ENT
EDM
UND
REID
TLOM
APR
ESID
ENT
EDM
UND
REID
All that ALA jazz to Page 8
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Dependability Dedication ExperienceNo matter the discipline the demands
are the same
At Ricoh wersquove spent the last 70 years
honing our skills chiseling out the very
definition of what it means to be the best in
WORLD CLASS OFFICE SOLUTIONS
1888RICOH 1ST bull ricohchampionsca
multifunction systems bull colour bull high volume bull fax machines bull printers bull scanners
What it takes to be a
CHAMPION
Mult i funct ion Colour
High Volume Printers
Scanners Fax Machines
copy2007 Ricoh Canada Inc
The NrsquoAwlins Po Boys created authenticand lively Southern sounds with featuredfiddle and soundbox The Gumbo Trio
with their banjo horn and stand-up bassplayed Dixieland and Jay-Ray amp Gee ana capella group of New Orleans streetsingers from the French Quarter famousfor doo-wop strolled throughout the halldeftly putting the bop in the bop shoobop shoo bop for all of us
On Wednesday night we attended theFinale Party the theme Masquerade Wear-ing painted or feathered masks we boardedshuttle buses to Mardi Gras World anevent location filled with hundreds of sculp-tures giant figurines and parade floats
Rockinrsquo Dopsie Jr amp the Zydeco Twisters
got the crowd dancing with their uniquebrand of music Zydeco is a sort of melod-ic gumbo concocted from CajunAcadianmusic Afro-Caribbean rhythms andmelodies and blues In another area The
Jamil Sharif Quintet played smo-o-o-othjazz Indigenous music played every-where both inside and outside of the con-ference centre the entire week
THE CITY STILL RECOVERING THRIVESWhile some outer districts still show
evidence of Hurricane Katrina New Or-leans proper is beautiful and thrivingThe French Quarter is exquisite
Tall doors and shutters accent hotel andstore fronts Wrought-iron railings support-ing hanging baskets bulging with ferns andflowers trim second and third floor bal-conies Lush palms fill narrow courtyardsnestled between brick buildings Gas-fedlanterns still light many streets
Some delegates arrived a day or twobefore the conference or stayed on a fewdays after to enjoy some of the manyguided tours to plantations swamp landsor through the city itself
GREAT EVENT
We applaud our colleagues south ofthe border on the success for their 38thannual conference
Be sure to mark your calendar forBCLMArsquos own conference Oct 21ndash232010 in Vancouver BC
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 8
CONVEYMASTER
Ask us about our bull $25 pay-per-conveyance bull plan
Tel (800) 667-0332 or (604) 685-1078Fax (604) 685-9370
Go with the best Home Page wwwsaicaGo with ConveyMaster Email infosaica
Conveyancing SoftwareNew EFS Module
FUTURE ALA CONFERENCES
2010 May 3 ndash 6 | Boston Massachusetts2011 May 23 ndash 26 | Orlando Florida2012 April 23 ndash 26 | Honolulu Hawaii2013 April 15 ndash 18 | National Harbor Maryland (Washington DC area)
All that ALA Jazz from Page 6
The BCLMA hosted a sold-out event atStanley Parkrsquos Fish House and nearby
Pitch lsquonrsquo Putt on June 18More than 40 people golfed nine holes
beneath the late afternoon sun Theythen joined the more than 30 diners atthe restaurant for another successful sum-mer event
Mills Basics and ZSA were the gener-ous sponsors Brad Mills and Chad Ege-land of Mills Basics and Elizabeth Borrilland Dragana Milisic of ZSA were in attendance
HIGHLIGHTSPenny Harvie announced her upcom-
ing retirement from Fasken Martineauafter 22 years at the firm Penny will stayon at the firm until the end of July atwhich point she will enjoy the summerand consider her next life chapter
Another highlight included welcomingJohn Hawke back to the BCLMA after atwo-and-a-half year sojourn to work at anengineering firm John has taken on therole of Chief Operating Officer at LangMichener
PRIZE WINNERS GALORE Brad Mills (Mills Basics) Ernie Gau-
vreau (Gowlings) Donna Oseen(Alumni) and Ken Brennan (Gowl-ings) who posted the Best Team Scoreof 142
Sam Mann of Singleton Urquhartposted the Best Individual Score ofjust 28 and Agustino doSouto ofHarper Grey handed in the MostHonest Score (We agreed not to pub-lish the actual score)
Event sponsors and other vendors pro-vided door prizes
John Hawke (Lang Michener) won apersonal shredder courtesy of MillsBasics Carina Bittel (Clark Wilson)won a bottle of champagne courtesy ofZSA and
Roy Boal (Blakes) and Shirley Mad-
den (firm) each won gift certificates toMarquis Wine Cellars
BCLMA DOOR PRIZE WINNERSAs with every one of our social events
the BCLMA provides door prizes Herersquoswho won Cineplex Odeon Theatres ndash Penny
Harvie (Fasken Martineau) Starbucks ndash Raf Sansalone (BLG)
Julie Wong (firm) iTunes ndash Robbin Myers (firm) Cactus Club ndash Dave Bilinsky (Law So-
ciety) LCBO ndash Agustino doSouto (Harper
Grey) The Bay ndash Sarah Glazzard (Lang
Michener)
ANOTHER GREAT EVENTThank you to everyone who attended
this fun event Your participation makesour events continually successful
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
MAKING THE MOVEShellip
WELCOME NEW AFFILIATES
Kristie Hedges Alexander Holburn Beaudin amp Lang LLP Human Re-sourceshellip Karen Jenkins Stikeman Elliott LLP Technologyhellip Dan
Phung Stikeman Elliott LLP Technologyhellip Tammy Marchinkow PaineEdmonds LLP Finance
WELCOME NEW REPRESENTATIVES
John Hawke has returned to the BCLMA and has joined Lang Michener asChief Operating Officerhellip Andrea Pantages is the new Administrator at
Mandell Pinderhellip Jessica Melson is the Assistant Office Managerat Hartshorne amp Mehl
In accordance with our bylaws firms are the BCLMArsquos Members Representatives were
formerly known as Full Members Affiliates were formerly known as Subsection MembersThe
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
BCLMA SUMMER EVENT
40 golf and 70 dine at successful sold-out sensation of our June social at the Stanley Park Fish House
Penny Harvie to retire
Topics 9
By Court Services Branch Staff BC Ministry of the Attorney General
Over recent years wersquove seen an in-crease in online options in every-
thing from online shopping to e-filing ourincome taxes Chances are most of ushave used these types of services
Increased environmental conscious-ness pressures to be more efficient andexpectations for anytime-anywhere accessmean that online interactions are increas-ingly demanded and offered It is in thisspirit that Court Services Online (CSO) wasdeveloped and within that e-Filing forcivil court documents
CSO e-File service allows you to sub-mit electronic court documents in civilactions to Supreme Court and ProvincialCourt registries
British Columbia is the first provincein Canada to introduce a comprehensivee-Filing system that includes an e-Filingservice and the storage and maintenanceof court files in an electronic formatCSO e-Filing helps law firms meet theirdynamic needs
Today CSO e-Filing is available in all43 court locations Moe than 65000Supreme Court civil and ProvincialCourt small-claims documents have al-ready been e-Filed (See Resources box)
Why e-File your court documents Itrsquoseasy efficient environmentally responsi-ble and inexpensive Easy ndash E-Filing can take less than three
minutes to complete To begin youwill need a CSO account (See Resources
box) and software to convert your doc-uments to Adobe Portable DocumentFormat (PDF) All document preparation for e-Filing
is done off-line You can prepare yourdocuments using existing templates orprecedents in any word-processing for-mat and then just convert the documentsto PDF for filing There is no need for anelectronic signature or other digital cre-
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 10ELECTRONIC FILING PASSES 65000 DOCUMENTS
BC court filings increasingly electronic for all major types of BCSupreme Court and Provincial court cases except criminal
T he CSO system is the only method of filing
documents electronically in the BC court
system and itrsquos only in BC at that But there
are other jurisdictions that have a similar sys-
tem and one in particular the US PACER
system is well ahead of ours both in extent of
court coverage and user costs
We particularly thank the CSO office for
providing the accompanying article at our re-
quest but we also let them know we were in-
terested in how BCrsquos system stacks up and
with thier article in hand we asked some
questions
They told us for instance that the growth
of e-Filing in BC has continued steadily since
it was first set up as a pilot project in October
2005 with just one court location Province-
wide e-filing became available on December 1
2008 ldquoand at present there is approximately
an 8 uptake raterdquo
We also were curious about the fact that the
CSO system doesnrsquot include criminal case fil-
ings The response there are ldquono formal plans
at this time to provide access to Supreme Court
Criminal information but it could potentially
be available in the futurerdquo
The CSO is BC-only so we asked if it was
going to be incorporated into a national system
They replied ldquoThere are no formal plans to in-
tegrate the BC system into a Canada-wide sys-
tem however several provinces have shown an
interest in the systems that BC has developedrdquo
The system is in two parts input and out-
put Law firms for instance can file electronic
documents through accounts and there is a price
structure for doing so The public has free ac-
cess to a search engine and the results produced
by the search but retrieving and downloading a
document or documents from a particular
court case linked to the index costs $6 instead
of the $8 charge if a person went to a court reg-
istry and asked for a file to be pulled for view-
ing within the registry itself physical photo-
copying is extra
We asked CSO about the rationale for its
costs The reply ldquoThe BC CSO service costs are
generally calibrated to make it a user-pay service
which is funded by its use and does not impose a
burden on taxpayers by making it a subsidized
servicerdquo
In the US PACER an acronym for Public
Access to Court Electronic Records is an elec-
tronic public access service of United States fed-
eral court documents
It covers civil criminal bankruptcy and
appellate cases that are federal and itrsquos the
output side of the American system PACER is
managed by the Administrative Office of the
United States Courts It allows the public to
obtain case and docket information from the
United States district courts United States
courts of appeals and United States
bankruptcy courts
Each court maintains its own system a
small subset of information from each case is
transferred each night to the US PartyCase
Index located in Texas at the PACER Service
Center in San Antonio
Records are submitted to the individual
courts using the Federal Judiciaryrsquos Case
Management Electronic Case Files (CM
ECF) system which is the input side and has
its own cost structure It accepts the filing of
documents in PDF through the electronic filing
system of each court which maintains its own
databases with case information The index
provides the necessary links to the actual docu-
ments stored in each court
Access to all PACER dockets is available by
registering at its site
lthttppacerpscuscourtsgovgt and the
download cost is eight cents per page with a
US$240 cap per case session with payment
usually quarterly by credit card for those with
non-American addresses
Those with American addresses can get free
access via
lthttpwwwfreecourtdocketscomgt
How does the cost and range compare
BC Court E-Filing to Page 20
By John Clerides
Part of my job de-scription includes
meeting people at so-cial gatherings orbusiness eventsWhen the conversa-tion turns to whatone does for a livingwe inevitably end uptalking about wine
Most people Ispeak with have little understanding abouthow wine is sold imported or priced inBritish Columbia while ironically theyare acutely aware of the low prices forwine in the United States and Europe
When I begin to explain how our sys-tem works people often shake their headsin disbelief So let us spread this cheer byexploring the inner workings of theBritish Columbia Liquor DistributionBranch (BCLDB) and how a wine ispriced
The method used to price wine iscalled an ad valorem tax What does thismean
One source ndash Investopediacom ndash de-fines it as A tax based on the assessed value of
real estate or personal property Ad valoremtaxes can be property tax or even duty on import-
ed items Property ad valorem taxes are the
major source of revenue for state and municipal
governments
The ad valorem tax that the BCLDB usesto assess wine is 117 on the first $751of landed cost Everything thereafter istaxed at 55
Letrsquos take a wine from France with anexport price of euro3 a bottle or euro36 a caseBased on a euro160 exchange rate betweenEuros and Canadian dollars the Canadi-an equivalent value is $5760 a case or$480 a bottle
Now the fun starts An importer factors in shipping tran-
sit insurance storage insurancewarehouse charges administra-tion storage itself (usually sixmonths) the picking sur-charge delivery to theBCLDB locations fuelsurcharges (thereare two of thoseone when the wineis initially shippedand received inBC and onewhen itrsquos movedto the BCLDBrsquoswarehouse) han-dling and any spe-cial labelling
These costs usu-ally add up about$15 or $20 a caseDepending on thenumber of cases im-ported the higher thequantity the lower theshipping charges Now addon the importerrsquos profitwhich varies but usually is be-tween 10 and 20 of the ex-port price
If the importer sells a wealth ofcases they can work on less margin andmake it up in volume If it is a limitedproduction winewith good reviewsand scores theywill try to eke out abit more All ofthese costs are fac-tored in before the117 BCLDBmarkup
So take theinitial export priceof the case ofwine $5780 Addin $20 a case forshipping and othercosts plus 20 profitfor the importer Thecase of wine lands inBritish Columbia at $8910or $742 a bottle
Now the BCLDB applies itsmarkup That
$480-bottle of wine which left Francewill now retail in BC for somewhere
$23 and $26And wersquore not factoring in
currency fluctuation TheBCLDB rules are such thatif an importer applies fora listing at one retail
price and then theEuro increases by 30eight weeks later theimporter is obliged toadhere to their initialretail price
Therersquos more TheBCLDB has specificdays you can apply forprice changes If animporter has to re-pricea wine so they do not
lose any money theymay have to wait a month incurring ad-ditional storage charges It can also workthe other way too but this rarely
happens While a large percentage of the
price you pay for wine goes intotaxes and logistics it does not take
away from the care that goesinto wine on the front end
Carefully managing the landallows the soil to become
alive reducing the size ofthe harvest harvestingvineyards by handmanaging leaf growthcarefully handling vini-fication and agingpractices precisely
All these take yearsto master and all con-tribute to the qualityand enjoyment of awine Sometimes youdo get what you pay for
John Clerides is the owner
and President of Marquis Wine
Cellars John travels extensively
through the wine regions of Italy
France California Washington State
Oregon and Australia Visit his shop at 1034
Davie Street Vancouver or his website
lthttpwwwMarquis-Winescomgt
TopicsTHE BUCK STOPS WITH YOU
Why the price of winemakes you want towail and whine
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorgr S
John Clerides
JAY PATEL ARTIST
11
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
erwise not be sharedWhen you are in a relaxed state the
neo ndash cortex (the subconscious area ofyour brain) is more likely to become acti-vated This is your resource centre aplace where you can really tap into thethings that make you happy and thusbring tools that can help you remain fo-cused establish new goals and findstrength to change situations that arehonestly not working for you
Now bring the Change Management For-
mula components into this concept whenyour relaxed resourceful and reflectivemindset has had a chance to communi-cate with your logical strivedrive dailyndash performance mindset about a positivechange or goal for you to achieve it islikely that your resistance to changewhich may have spent the better part ofthe past year as the dominating factor ina part of your daily duties or desires is
now less powerful than your dissatisfac-tion + vision for what potential you canreach
It is helpful to know that fear drivesthe resistance to change whereas theendless and ominous power the subcon-scious mind provides when it comes tohuman achievement drives vision It istypical that the subconscious mind over-comes conscious fears getting to the re-sourceful state to do so is the key
Pay attention to this seasonrsquos externalforces the ones that spark your internalforces that motivate you to try somethingnew Your desire for change fuelled byyour subconscious desires has overcomethe fear thatrsquos a regular and natural pre-cursor to change
The ability of the subconscious mindto communicate ndash that is the change fac-tor that is different That is why this issuch a powerful time and why it is so im-portant to concurrently incorporate the
last component of the Change Management
Formula taking the first steps towardschange It will give you a good push tostart you swinging towards your personaland professional goals
Herersquos an exercise Letrsquos take that firststep together in the form of experiencingan amazing example of awareness accep-tance dedication and success through thefollowing story
An artist was standing proudly by hisdisplay sculpture at the Art Gallery open-ing Its colour was the traditional gun-metal it was shiny with glistening hints ofbronze and onyx-like shades throughoutthe massive winding tree-like structure
As the crowds gathered he launchedinto an introduction of the piece confess-ing that he had salvaged a gargantuanpiece of metal and intended to bring itinto its existence as a beautiful art sculp-ture The audience was captivated by the
Goalsetting 101 from Page 1
Goalsetting 101 to Page 13
Smile amp Link
SMILE
One of the new features of our redesigned
website includes the ability to post individual
profile photos next to each personrsquos 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
membershipbclmaorg
Thank you for your co-operation
LINK
BCLMA is LinkedIn
The BCLMA is now a group on the popu-
lar business-social website LinkedIncom
which can extend your existing network of trust-
ed contacts
Add the Group and enhance your profes-
sional profile
Topics 12
artistrsquos voice ndash full of wonder and fantasyndash as he continued with the evolution ofthe sculpture
Several months into the creation heexplained he thought the piece was ru-ined and worthless He had discovered adeep ugly flaw along what was intendedto be the most visible line of the intendedfigure
At first it seemed to be a small obsta-cle but as the weeks and months wentby the artist was unable to camouflagethe flaw In fact it seemed to enlarge be-coming more noticeable No matter whattechnique he used the roughness of theflaw could not be tamed not even by themost powerful commercial ndash grade steelsaw the trusted companion in all of hiscreations
For the next several years the artiststruggled with how to work with the chal-lenge He returned to face the piece from
time to time viewing its physical imagefrom different vantage points in proximi-ty and height in differing lights butcould not find a way to resolve the issue
He had loved the piece for so long de-spite its shortcoming it was a truly spec-tacular figure from all but one angle Hewould touch it dust it work on an areaaway from the flaw but no matter whathe did it eventually became obvious to theartist that this flaw would keep the piecefrom being accepted at commercial gradeby his customers and the art industry
If he were to leave the flaw as is itwould have to be displayed in a privateplace for his external reputation could beharmed if it were publicized that he waswilling to live amongst lsquosecondsrsquo with thesame attitude and charisma that he exud-ed with his lsquoperfectrsquo pieces He was fear-ful of taking a risk that might end his ca-reer
So the artist resolved that the only op-
tion was to abandon the piece to createmore room in his studio He decided toforget it in order to focus his creative re-sources on a more fruitful project
Surprisingly moments after arrivingat this raw emotional state somethingcame over him that refused to allow himto abandon the project The decision hadbeen made in his conscious state andonce his conscious mind released its holdhe found himself for the first time lookingat the real problem ndash which wasnrsquot theflaw
He stopped approaching the problemwith his business senses his logicalthought processes to do with the adviceon use of his time analysis of the productrsquos eventual profitability and hisreputation amongst stakeholders in hisartistry
Instead he approached the problemwith a tool he possessed that was morepowerful than his business brain more
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 13
SAVE THESE DATESMark your calendar with these upcoming
events and important dates
Wednesday Sept 23 2009
BCLMA ndash ALA ndash TLOMA Breakfast
webinar lsquoEvolve to Solversquo Presented by Gary
Mitchell (Vancouver) and Catherine Mitchell
(Toronto) of GEM Communications
Fri-Sat Oct 2-3 2009
ALA Region 5 Conference Fairmont Banff
Springs Banff Alberta Canada
Wednesday Oct 7 2009
BCLMArsquos First-Ever Leadership Series
lsquoLeadership amp Balancersquo Presented by
Joanne Ward BComm BEd MA CCC
Thur-Sat Oct 21-23 2010
BCLMA Educational Conference Vancou-
ver Contact Jane Kennedy at Membership ad-
dress below to join the Conference Planning
Committee
Goalsetting 101 from Page 12
powerful than his electricsaw His emotional brain +his heart became the en-gine and fuel behind the so-lution the solution that wasin sync with who he was acreator a transformational-ist a builder
With the voice of a wiz-ard the artist shared withthe rapt crowd around himwhat the audience hadbeen waiting for what hadbrought the seemingly bro-ken hopeless unattractiveand invaluable piece to thegrandure the people wit-nessed today
The first component ofthe plan that emerged fromhis subconscious state com-
mitment He truly did notwant to abandon the struc-ture despite its lack of com-mercial value He foundhimself committing to thefollowing familiar proce-dures that worked for himin the past (1) Hard physical work (2) Exhausting mental work as he focused
his attention on small progressivesteps
(3) Time a lot of time more time than hehad previously been willing to devoteand
(4) Various tools in addition to theallndashpowerful electric saw The second component patience In-
stead of brutally amputating the trou-bling piece he used the saw ndash but in amuch more gentle patient manner in or-der to shave thin layer after layer off thedamaged surface
The third and perhaps most importantcomponents in bringing about the changewere combined in attitude and respect In-stead of resenting the flaw he created anecological space for his creativity to flow asit did with other pieces that appeared lsquoper-fectrsquo He let go of the stressors ndash makingmoney and personal gain ndash to honour theinternal reasons for this project
The hours he spent polishing the vi-
able edge material flew by Ingenuitybloomed as it dawned on him he coulduse a resource he had never tried beforein his sculptures a chemical elixir to dis-solve the edges where neither the power-ful saw nor the gentle buffer could pro-duce the desired result
Success the flaw smoothed away theintegrity of the piece maintainedThrough all of the alternative processesthe artist achieved his goal bringing thepiece to a level of public acceptance andhigh market-value but that itrsquos mostvaluable to him personally and profes-sionally Thatrsquos when he said the piecewas not for sale
Everyone in the audience smiled anddrew their gaze up to the top of the struc-ture They had in that 10 minutes madethe journey from the raw troubled begin-nings to the place of a polished visionThey had during that short time livedwith the artist through his accomplish-ments in reaching the potential of the man
and the object on this seem-ingly dead-end situation
POINTS TO PONDER ndash FLEX THOSE SUBCONSCIOUSMUSCLES
If you stood with thegroup at the foot of the stat-ue without the introductionfrom the sculptor you wouldnever have known it wasoriginally rejected by its cre-ators ndash nature metal makersand the artist ndash and was onits way to becoming a worth-less object ignored by thepowers that controlled theenvironment where it trulybelonged and shone
Notice through yourjourney with this passionateartist that you are now in aresourceful state of appreci-ation for the importance ofawareness acceptance nur-ture and transformation
Is it possible for us toknow the worth of ourselvesor another without spendingsome time to become gen-
uinely acquainted with the 360 degree in-ternal and external view ndash with what wecan and cannot see Are you willing torisk answering ldquoyesrdquo to this question andnot take a deeper or more resourcefullook at yourself or others
Send me an e-mail let me know whatyou decide
Jan Whyte is a Certified Professional Coach
as well as General Manager and Administrator
of Murphy Battista Barristers in Vancouver
She can be reached at
ltWhyteMurphyBattistacomgt
She has spent 26 years working in litigation
firms in Vancouver In addition to her adminis-
trative role at Murphy Battista she consults with
staff and lawyers on various components of life in
law firms including recruitment worklife bal-
ance team dynamics such as leadership or con-
flict resolution and enhancing individual and
group performance Jan is an active Board Mem-
ber and the President-Elect of the BC Legal
Management Association
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
14Topics
SEBA
STIA
NKA
ULIT
ZKI
ARTI
ST
By Mike Bowerbank
In the olden days ndash you know way backwhen Windows 95 was new and crash-
ing computers ndash your social network con-sisted of friends you hung out with andtalked to in person
Face to face Can you believe thatIn 1995 the first large social
networking site sprang upClassmatescom gave people anew way to relive those awk-ward high-school moments It
also enabled visitors to see if thecaptain of the rugby team still had hairand his own teeth
It was more of a way to capitalize onnostalgia with a specific group of peopleso one could argue about just how muchof a social network it really was
The first of what we associate with so-cial-networking sites today was launchedin 2000 Friendstercom grew quickly andbecame so popular that it spawned sever-al copycat sites including MySpace (2003)and Facebook (2004) both of which havesurged ahead of Friendster in popularity
All of these sites allow you to post aprofile that includes all of your personaland contact information show off pic-tures of your kids and make the entireonline world aware of your happeningsSuch sites quickly became the way to stayin touch with people without ever havingto you know actually see them or talk tothem
The great thing about these sites is theease with which we can keep in touch
with people despite our time-crunched lives Rather thanphone or meet with the peoplein your life you can simplyupdate your page with yourlatest news and pictures so
that everyone can see them at onceYou can also play games take quizzesand interact with people from all over theworld
Some businesses are using social-net-
working sites tobuild their brandimage and tomaintain contactwith like-mindedcompanies andclients
One site in par-ticular LinkedIn isgeared specificallyfor professionalsand entrepreneurs and now boasts morethan 36 million members in 200 countries
GONE PHISHINGThere is a problem prevalent on e-
mail known commonly as lsquophishingrsquo
Phishing occurs when a fraudulent mes-sage urges you to visit an internet link toverify passwords account information orother personal or private details
Your participation provides crookswith access to your bank accounts for in-stance which they promptly empty
Other thieves donrsquot need to phish bye-mail thanks to social networking Mostpeoplesrsquo passwords for their logins orbank accounts are the names of their kidsor pets PIN numbers are often signifi-cant dates such as birthdays and anniver-saries If that type of information is post-ed on your Facebook page it is literally avirtual bonanza for thieves
Social networking sitesalso seem to appeal to sexu-al predators so keep an eyeon your children as theyuse these types of sites
According to Wikipediathere are now over 200 so-
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
15NOT-SO-SOCIAL NETWORKING
When I was a kid we had Windows 95and we talked to people ndash and we liked it
Topics
zsaca I 1-877-681-0706
Elizabeth Borrill I eborrill zsaca
in change
Wersquore yourpartner
Mike Bowerbank
cial-networking sites online and manypeople are on more than one
FACE TO FACEBOOKFacebook has become the most popu-
lar social-networking application Morethan 200-million users take quizzes up-load pictures contact long-lost friendsand post status updates letting peopleknow what theyrsquore doing from day today
Prospective employersalso use Facebook to look upapplicants Remember thatcandidate who was dressedto impress in your office dur-ing the interview andseemed so eloquent Thatrsquosthe same guy whose Face-book profile photo showshim passed out on the street wearing atutu with a status update that reads Party
Naked
Personal-injury lawyers use Facebookto disprove disability claims One case in-volved a person on leavefrom work because theyclaimed they were toosore to use a computerBy logging onto Face-book opposing lawyerswere able to dispute theclaim by demonstratinghow the injured personused computers regularlyto update their Facebook page Policehave used both MySpace and Facebookto check for probation violations andweapons being brandished in public
If you think your profile is only opento other Facebook users think again OnJune 12th Facebook enabled your profilepage to be viewed as a web page Theformat is wwwfacebookcomusernameand you no longer need a Facebook ac-count to view a memberrsquos profile page
TWITTER TWEETS AND TWITSJust when you thought Facebook had
taken things far enough into the ldquotoomuch informationrdquo realm along came anapplication that is the new killer appTwitter is basically a bare-bones text-based social application made with cell
phones and Blackberries in mind Youbroadcast short messages (140 charactersmaximum) known as tweets to yourworld
Twitter has become the third most-popular social-networking applicationbehind Facebook and MySpace respectively
Twitter like all social applications hassome good practical uses For examplein this recent election in Iran Twitter be-
came the organizing tool of choice for thepro-reformist camp using it to makeprotest arrangements and send globalmessages slipping these past censors(The Iranian government promptly re-
sponded by blocking Twitter and Face-book in the country showing the vulner-ability of both mediums)
While the horrific scene unfoldedduring the 2008 Mumbai attacks in In-dia an estimated 80 tweets were sent ev-ery five seconds People on the scene ofthis terrorist bombing and shooting usedtheir tweets to help compile a list of ca-sualties and to broadcast the location ofhospitals that needed blood donations
In the legal world Twitter allowslawyers in court to provide minute-by-minute information to other lawyers backat the firm This enables assisting lawyers toprepare appropriate materials as needed
With those notable exceptions ac-knowledged one canrsquot help but comparethe pragmatic uses to the vast majority of
Twitter users who consider standing inline at Tim Hortonrsquos post-worthy or thatthere is a terrible smell coming from theirfridge Twitter is used mostly as a narcis-sistic tool so that the world can know ofyour daily happenings ndash sort of a way tobe the star of your own reality show
LIKE OMGSocial networking can be fun and
useful if used sparingly and casually In-stead of getting out andmeeting each other peopleare using social networkingsites to look for love com-panionship and even extra-marital affairs And theysay romance is dead
If you joined Facebookjust to see what your kids
are up to be forewarned that you mightactually find out and wish you hadnrsquot
Donrsquot spy on your kids talk to themYou know with actual spoken words likethey used to do way back in the 20th
CenturyWhen your com-
puter screen becomesyour main window tothe world and literallybecomes your sociallife you might be ad-dicted Such an addic-tion is as serious as-andno easier to overcome
than-other addictions like gambling As the world becomes increasingly
connected it seems that people in societybecome increasingly isolated socially Itrsquosthe paradox of modern communicationand contributes to a large part of the rea-son why Generation Yndash the Millennials ndashusually excels at technology but generallylacks in social skills
If this trend continues and more peo-ple live online good social skills may endup as extinct as the 525rdquo floppy driveand the game Pong
I know Irsquom writing some things towhich online addicts may object but Idonrsquot expect to hear from them aboutit
They only read things that are 140characters or less OMG LOL
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 16
PHILI
PBA
RKER
ART
IST
When the Vancouver OrganizingCommittee for the 2010 Olympic
and Paralympic Winter Games (VANOC)sets up its on-the-ground operations inearnest this fall and winter itrsquoll be mak-ing room in a downtown Vancouver ho-tel in early February for a special Gamesdivision of the Court of Arbitration forSport (CAS) supervised by a city lawyerwho is well-known in the Olympicsmovement
The International Council of Arbitra-tion for Sport (ICAS) which is based inLausanne Switzerland is the fund-rais-ing and administrative body that tookover from the International OlympicCommittee as the Courtrsquos supervisory organization
The IOC launched the court in 1984to settle disputes amongst its sports feder-ations but within its first decade theIOC became increasingly criticized forthe strength of its influence over thecourt The ICAS was formed in the mid-1990s to create independence and an ad-ministrative structure for the courtrsquos in-creasing activities
Three permanent courts exist ndash Lau-sanne Switzerland (where the IOC isalso headquartered) New York and Syd-ney Australia But the ICAS also estab-lishes ad hoc courts such as the one forthe 2010 Games as needed The CASuses about 300 arbitrators from 87 coun-tries and handles about 200 cases a year
The CAS for the Olympic portion ofthe 2010 Winter Games will include ninelawyers acting as arbitrators to operatein the Renaissance Vancouver HotelHarbourside at 1133 West HastingsStreet from February 2 10 days beforethe start of the Games to February 28the day of the Olympic Closing Ceremo-ny
The Renaissance is one of three bigdowntown Vancouver hotels ndash includingthe Bayshore and the Pinnacle a corpo-rate sister of the Renaissance that is locat-
ed right across West Hastings street aswell as the Vancouver Club ndash thatVANOC is taking over completely duringthe Olympic portion of the Games sothey can be used by the IOC and its re-lated organizations
On March 26 the ICAS formally ap-pointed Tricia Smith ndash Vancouverlawyer and partner of Barnes Craig ampAssociates ndash as its liaison officer withVANOC In this role Smith will carry re-sponsibility for the relationship and com-munication between ICAS CAS andVANOC between now and when theOlympic portion of the Games wraps upin early March
Smithrsquos legal experience communityinvolvement and sports backgroundmake her an excellent candidate for thisrole
Although her law practice focuses onmanaging claims for liability insurers andproviding risk-management consultingshe is also a sports arbitrator with anabiding interest in the Olympics
Smith has been a member of the ICASsince 2001 She was unsuccessful in aclosely fought contest with Marcel AubutQC OC a Quebec City-based lawyerwith Heenan Blaikie in a bid this pastspring to replace the Canadian OlympicCommitteersquos (COC) current presidentMichael Chambers when his term endsafter the 2010 Games she will remain onthe COCrsquos Executive Committee as theorganizationrsquos vice president workingfirst with Chambers later with Aubut
Smith is also a four-time Olympianand medallist in rowing the founder andpast president of Olympians BC and vicepresident of its parent organizationOlympians Canada
Smith remains a member of the Exec-utive Committee of the InternationalFederation of Rowing Associationswhich is also headquartered in Lausanneand chairs its Womenrsquos Rowing Cross-Commission
She is also a former member of theBoard of 2010 Legacies Now which wasoriginally formed by the BC govern-ment to be the armrsquos-length implementerof several major social goals of the gov-ernment connected with the Games
Although 2010 Legacies Now contin-ues to work on those goals with the helpof various companies connected to the2010 Winter Games and others and al-though it receives the majority of its fund-ing from Victoria it is now a fully inde-pendent society
The CAS usually involves panels ofthree arbitrators each and they deal witha wide range of issues involving the intri-cacies of relationships between the nu-merous international sports federationsthat the IOC supports through fundsgenerated by sponsorships and Olympicgames and it often deals as well with ap-peals from decisions by the federationsthat affect their athletes
Its work in the controversial field ofanti-doping gives the CAS its highest visi-bility For example just this past June itworked out the appropriate suspension ofGerman ice-hockey player FlorianBusch who made the mistake last De-cember of refusing to provide a urinesample when a doping-control officerknocked on his apartment door a sur-prise test is a known and standard part ofthe International Ice Hockey Federa-tionrsquos procedures for out-of-competitiontesting
Though he took the test a couple ofhours later and it was negative forbanned substances it was too late Therewas a plethora of subsequent legal argu-
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 17BAIRNES CRAIGrsquoS TRICIA SMITH TO SUPERVISE
A sophisticated new court will be set up indowntown Vancouver for the 2010 Games
ments and appeals from various bodiesabout which one should sanction himand for how long
The CAS sorted through the compet-ing claims and ruled that he would re-ceive a two-year suspension effectivelypreventing him from competing in the2010 Games
Perhaps one of its most famous caseswas a decision to uphold a life-time banon taking part in Olympic winter gamesimposed by the IOC against three of fourmembers of the Austrian Nordic skiingteam attending the Torino Italy WinterOlympics in 2006 for allegedly sharingldquocomplicity to violate anti-doping rulesrdquo
Eventually the CAS court commuteda similar ban to the fourth member of theteam to a four-year suspension ndash it endsjust after the 2010 Games ndash after review-ing his lesser role in the affair
When the Olympic Games are under-way the Athlete Villages in Vancouverand Whistler and any separate apart-ments used by Olympic athletes theirteam coaches and related officials have akind of diplomatic separation from thecriminal laws of the host country when itinvolves things such as drugs where con-victions in some countries carry thedeath penalty The IOC as part of itsthicket of legal agreements with hostcountries obtains the authority to lookafter anti-doping cases on its own termsduring the Games The deal usually in-volves the local police going in with IOCinvestigators each with their own juris-diction
The cases can be deadly serious Theanti-doping case that involved the CASstemmed from a joint IOC-Italian policeraid on the rooms of the Austrianbiathlon and cross-country squads onFebruary 18 2006 in the teamrsquos privatequarters in the Italian Alps while theTorino Games were underway
The IOC later reported that 80 medi-cal devices including advanced medicalequipment were found in the apartmentalong with used syringes blood bagsblood-transfusion equipment and evenbloody handkerchiefs
In 2010rsquos case once the Games arefinished the CAS court goes too
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 18FIRM LEADERSHIP THROUGH UNCERTAIN TIMES
Leading your firm through the difficultdilemma of terminations or layoffsBy Tim Wurtz Administrator Baker Newby LLP
Our profession and the world at largebuzzes with the employment impli-
cations of our general economic slow-down Whether you face small adjust-ments to your work force or a larger scalelayoff to control that salary expense lineitem leadership before during and afterany termination plays a central role inhow your firm will weather any fallout asa result of constraints to your work force
LawShuckscom reports that 125 ma-jor law firms around the globe have an-nounced or conducted layoffs The com-bined total is 10723 people 4015lawyers and 6708staff Most law firmson that list thank-fully do not haveany significant rec-ognizable namesfrom our BCLMAnetwork however all local firms whospoke with me are cautiously managingtheir salary expenses
While most research and surveys thatexamine the long-term effects of downsiz-ing indicate that companies that cut staffend up disappointed with the resultsmany of us will face formulating staffingstrategies to control costs Layoffs mayserve a short-term need but create largerlong-term issues Nonetheless we mustmanage and lead as directed by our Part-nership or Managing Committees
I am sure my fellow Administratorsand HR Managers will agree that an im-pending termination on any scale canconsume the workday We complete thenecessary forms derive suitable severancepackages develop plans to reassign workor alternatively reinvigorate the recruit-ment process to find a suitable replace-ment While we focus on the person orpersons being terminated we might over-look and forget or ultimately deny an im-portant aspect of the overall process ndash the
employees we keepThe Law Practice
Today section in theJanuary edition ofthe ABA Law Prac-tice Management in-cluded an article byJaffrey C Connerconcisely summariz-ing the point that fu-ture success of a firm depends largely onthe leadership of management after anylayoffs have been made
The workplace mood becomessomber People ask themselves ldquoAm Inextrdquo There will be a significant amount
of distrust of man-agement and anxi-ety over subsequentjob losses Thesefeelings must betempered by astrong unified mes-
sage from Management It is reasonableto admit the future is uncertain and thatevery effort will be made to ensure astrong and viable law firm well into thefuture Also tell the staff that this uncer-tainty will undoubtedly result in difficultdecisions after every possible alternativehas been considered
Terminating employees is a decisionthat is never made lightly To be an effec-tive leader you need to reinforce that alloptions were considered prior to layoffsUnder conditions of economic uncertain-ty the contribution of leadership is notsimply to inspire or build confidence butrather to solve problems and make ap-propriate strategic decisions
I learned an important lesson at lastyearrsquos BCLMA Conference Peter deJager a specialist in Change Manage-ment said in the closing session ldquoPeopleactually are not resistant to change theyare resistant to the way change is broughtaboutrdquo
Some employees consider termina-
Tim Wurtz
ALL LOCAL FIRMS ARECAUTIOUSLY MANAGINGTHEIR SALARY EXPENSES
tions or layoffs as drastic and developstrong feelings against managementLeaders must remain aware of the per-ceptions of their Partnership BoardManagement ndash and staff All three groupsinfluence a leaderrsquos ability to implementchange specifically to bring about signifi-cant staffing reassignments
Much literature exists about the dis-tinction between leaders and managerswith leaders having vision and creativityand managers focusing on improving ef-ficiency Leaders should exercise dili-gence toward gaining an understandingof their capacity within the organizationto properly apply leadership theories ifappropriate
During uncertain times we need tothink about adaptive and situational lead-ership-the right person with the rightstyle for the right situation Mining theInternet and academic journals for de-scriptions of leadership styles yields hun-dreds of words typically used to describe
a vast variety of leadership traits andtechniques
Two styles reside on opposite ends ofthe spectrum Visionary Leaders and Au-thoritative Leaders A visionary leaderpossesses a charismatic personality em-braces a democratic approach to the de-cision-making process and tries to en-gage staff in ongoing strategic initiatives
An authoritative leader prefers au-tonomous control over decision-makingmotivates employees using various formsof intimidation shows reluctance at relin-quishing control and fails to actively seekfeedback throughout management pro-cesses During difficult and emotionalstaff terminations and re-assignments theenormous grey area between these two
styles is required to carefully steer yourship through difficult waters
Use components of visionary leader-ship to bring employees into the world ofdecision-making Solicit ideas Listen towhat staff say when you introduce cost-saving measures For employees who areterminated or laid-off consider outplace-ment services a mutually agreeable refer-ence letter and perhaps access to thefirmrsquos resources or referral networks sothey can actively seek other employmentFor employees who are retained and pos-sibly required to assume additional re-sponsibilities for the same or less paythink about new benefits you can offerthem such as additional training andsupport
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 19
TERMINATIONS OR LAYOFFS ARE ABOUT LOSS BUT THEY ALSO CREATE OPPORTUNITYFOR US AS LEADERS AND MANAGERS
JAM
ESTH
EW
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Use aspects authoritative leadership toreinforce the notion that difficult deci-sions are inevitable that assuming issuesassociated with terminations or downsiz-ing will solve themselves over time is irre-sponsible It is important not be per-ceived as laissez-faire in yourmanagement capacity and to clearly es-tablish that while difficult the decisionsmust be respected
We are expected to possess the skills toproperly and compassionately deliver badnews to staff As managers it is our dutyto be knowledgeable of how people willreact and deal with the ramifications ofour actions Often the problems in work-force reductions arise when people donrsquotsee logic in why they were laid off andothers kept their jobs People draw theirown conclusions
I know first-hand that remaining stafftypically formulate their own complextapestry of reasons to explain why some-one has been let go These conclusionscanrsquot include aspects of the decision-mak-ing process to which they are not privy
It is counter-productive however toargue with this mentality as they are typ-ically emotionally driven conclusions Ra-tionalization may serve to further fuel thefire of distrust of management
However we cannot ignore it entirelyeither We will need to address the ru-mours and speculation either as a groupor one-on-one
Terminations or lay-offs are aboutloss but they also create opportunityfor us as leaders and managers Ourwords and actions can inspire loyaltyand enthusiasm Vision and authoritymake great bedfellows in any leaderrsquosarsenal of tools but sustainable law-firm profitability and excellence takes aconcerted effort on any managerrsquos partto become and remain the leader that isthe glue in the firmrsquos organizationalculture
Leaders must be honest and trans-parent about current conditions whilstremaining positive and reassuring En-gage Consulting Solutions in its publi-cation Engaging Employees in Uncertain
Times suggests that you must counteractpervasive negativity by providing clear
consistent messaging about the firmrsquosreality regardless of the reality In addi-tion focusing on programs that pro-mote recognition employee wellnesslearning and development are also seenas crucial to reducing the uncertaintywhile increasing retention and engage-ment
The July-August 2009 issue of The
Harvard Business Review lists new requiredleadership skills particularly vital in ourclimate of economic uncertainty 1) Foster Adaptation ndash For instance de-
velop ldquonext practicesrdquo in addition tocontinuing with current best practices
2) Embrace disequilibrium ndash While thisseems to depart from traditional lead-ership efforts to create a harmoniousequilibrium it is suggested you keepstaff in a state that creates enough dis-comfort to induce change but not somuch that they fight flee or freeze
3) Generate leadership ndash Give employ-ees at all levels of the organizationthe opportunity to lead departmentsor firm initiatives that will help itadapt to changing timesA suggestion to Administrators and
HR managers struggling with difficult sit-uations Ensure you take care of yourselfthroughout these dynamic times Cam-bridge Leadership suggests that you 1) Give yourself permission to be both
optimistic and realistic2) Find sanctuaries where you can reflect
on events and gain perspective 3) Reach out to trusted confidants with
whom you can speak openly 4) Bring more of your emotional self to
the workplace noting that appropriatedisplays of emotion can effect change
5) Do not lose yourself in your role nordefine yourself through a single en-deavourThrough these uneasy times we must
skillfully balance the profitability of thepartnership with a healthy organizationalclimate for the firm
They are not mutually exclusive dur-ing economic uncertainty but do requirecareful planning and actions by law firmmanagers to advance our stature withinthe decision-making process to that of alaw-firm leader
dentials except for affidavits and orders Efficient ndash Law firms will like the ease
and convenience as well as the effi-ciencies gained E-Filing allows you tofile retrieve and electronically searchfiles from your office or home It sim-plifies document preparation for of-fices by eliminating the need to printand prepare multiple copies of docu-ments for filing After submitting your documents you
can check on the status at any time sim-ply by logging in at CSO If requestedCSO will automatically send an e-mailnotification as soon as the registry hasprocessed the document
Once the registry accepts the e-Fileddocument it is electronically stampedYou can then download the documentfor your files Enviromental ndash E-Filing can offer a
greener solution for offices by eliminat-ing the need to print and prepare mul-tiple copies of documents for filing As a result your office can use less
paper E-Filed documents do not need tobe physically transported thereby reduc-
BC Court E-Filing from Page 10
Topics 20
ResourcesE-Filing is available for most types of docu-
ments For e-Filing rules refer to SupremeCourt Rule 69 which is athellip
lthttptinyurlcomnasoj9gthellipand Small Claims Rule 22 located
at lthttptinyurlcoml7ch8ggtThere are quite a few Rules on each of these
web pages so once you arrive use your brows-
errsquos Find command to quickly search the page
for the text Rule 69 in the one case or Rule22 in the other
You can register for a CSO account online
through the CSO website atltwwwcourtservicesonlinegovbccagtor if you are a BC OnLine user through BC
OnLine at
lthttpswwwbconlinegovbccagtPlease visit Court Services Online at
wwwcourtservicesonlinegovbcca Questions can be e-mailed to
CourtsCSOgovbcca
E-Filing to Page 21
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
By Michael J Anderson Principal Innovative Consulting
Sometimes whenwe have our
heads down justploughing awaythrough the fires onour desk we losesight of the funda-mental things thatwe should do togrow our practices
Wersquore not talkingabout huge expensive or complex mar-keting strategies here We are just remind-ing you of the basics Several of you prob-ably already do many of these thingsseveral of you probably plan to do manyof these things Our hope is that this listwill remind you of what it takes to expandyour practice and spur you on to turnyour best intentions into best practicesWe also hope that you will gain some newideas and insights
The following in no particular order
is provided as a checklist for what youmight want to do to become more profitable
1Get out of the office Every great RainMaker will tell you that you must meet
with your current and potential clients of-ten either on their turf or on neutralground
2The old 8020 rule still applies Yes 80of your new work will probably come
from 20 of your current clients Do youknow which of your clients provide youwith the most work If you do how areyou building on that relationship We seetoo many firms and lawyers spendinggobs of time and money trying to attractan elusive new big client Your best tar-get for success is the client you alreadyknow and who already knows you
3Just say ldquoNordquo Being fearful of whereour next file will come from makes us
want to accept every possible bit of workthat might come in the door whether thework is profitable whether we have goodprospects for getting paid whether it is anarea of law in which we are comfortableor whether our time could be better spentattempting to land the work that we reallywant at rates that will help us to succeedIt seems to be the credo for many lawyersthat ldquoThey have never met a dollar theydidnrsquot likerdquo Instead ldquoFocus on the goodstuffrdquo as professional-business consultantDavid Maister would say
4Budget your time and money Typically alawyer works about 2500 hours each
year roughly split between 1400 billablehours and 1100 non-billable hours Thenon-billable time is broken into segmentsfor management associate training per-sonal education research and marketingWe suggest that every lawyer allows forabout 600 hours per year for marketingtheir practice with a marketing budget ofbetween 2 and 5 of their gross rev-enues The marketing should include ad-vertising website creation and mainte-nance marketing-skills training andclient promotion-among other things
5Get involved We have a moral duty togive back to our communities
Choose a charity community group po-litical organization or business associa-tion that you enjoy and is important toyou Many of these types of groups are
looking to add a lawyer or two to theirboards In addition to contributing to agreater common good you will also net-work with other successful business peo-ple
6Market internally Ensure that everyonein your firm knows all of the facets of
the work you are capable of handling theareas in which you are looking to expandand your availability to handle the workAsk your partners about possible cross-selling opportunities Since cross-selling isa two-way street look at your own clientlist for possible situations to offer yourpartners For younger lawyers internal
marketing is possibly the only marketingthat they can do as their peer group hasnot yet risen to positions or situationswhere they can direct legal files to theirfriends Every young lawyer should askthe more senior members of their firm forwork on a weekly basis A lot of work willtransfer down to them if they prove theycan handle it
ing fuel consumption and its environ-mental impact Inexpensive ndash An office can reap sav-
ings from e-Filing through reducedprinting costs as well as reducedcosts from delivering documents tothe registry particularly when fil-ing beyond the local registry There is a $7 e-Filing transaction
fee per filing package regardless ofwhere the document is filed A filingpackage is any number of documentsbeing e-Filed to the same court file atthe same time The transaction feeand any applicable statutory filing feesare paid online through a BC OnLine
deposit account or with a credit card With all of these positive reasons
to e-File why not give it a try Go on-line today to view a demonstration ofhow to e-File to an existing court fileor how to use e-File to start a newcourt file
15 ideas for improving your practice
BC Court E-Filing from Page 20
21Topics
Michael Anderson
HOW DO FIRMS USE ON-LINEVIDEO TO VIEW AN
EFFECTIVE USE OF THISMEDIUM VISIT TORYrsquoS
WWWTORYSCOMVIDEOCENTERPAGESDEFAULTASPX
SINCE CROSS-SELLING IS ATWO-WAY STREET LOOK ATYOUR OWN CLIENT LIST FOR
POSSIBLE SITUATIONS TOOFFER YOUR PARTNERS
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
7Go to school Many lawyers can benefitgreatly from marketing training or
personal coaching In the old days a se-nior partner would grab an associate bythe scruff of the neck drag them toclient lunches and warn them to just sitthere keep their mouth shut and learnAnd they did learn Similarly we needto develop ways to share the marketingskills that already reside within ourfirms especially for our youngermembers
8Create a ldquoDream Listrdquo In aperfect world who
would you have as clientsand what type of workwould they send you Onceyou have the list startstrategizing on how youcan get an introductionand what you would saywhen you finally meetthem Why should theyhire you What will set youapart from your competi-tion After all many clientsfeel that most lawyers arethe same ndash they point tolaw firm websites andbrochures where you willsee that most of them at-tempt to sell ldquoBetter Fasteramp Cheaperrdquo Differentiateyourself Innovate
9Research Do you trulyunderstand your clientsrsquo
core needs What issueskeep them awake at nightand what can you do tohelp them Use the Inter-net to gather informationabout your current and po-tential clients Use that datato customize your proposalto them This demonstratesan understanding of theirbusiness and a commitment tohelp them enhance it
10CRM Institute a Customer Relation-ship Management program that will
track who when how and what the nextsteps are in your marketing strategy A sim-ple and inexpensive option like MicrosoftOutlook or a more legal-specific option like
Amicus Attorney will get your started
11Write write and write some more Createa perception of expertise by writing
topical articles and getting them pub-lished in relevant print or online maga-zines newsletters and blogs
12Leverage your writing Create a mailingor even better an e-mailing list of
clients and potential clients and send
them copies of the articles that you writeThe goal is to have them say ldquoThis onesure seems to know their stuffrdquo Thenhave the article placed in a strategic loca-tion on your website so that visitors will
also see that you have expertise Take itone step further and create a seminarpresentation or speech using the article asthe basis Undertake each at the personalgroup or firm level ndash or all of the above
13Leverage your people How many timeshave we heard ldquoPush the work
down and free your time to do the moreimportant stuffrdquo Why do many of us still
resist that strategy Whether you are ina large firm with associates or a
sole practitioner with parale-gals use junior practitionersto a greater degree Usingleverage will make youmore profitable and freeyour time for more impor-tant things
14Web support Amongother things websites
are the brochures of the newmillennium Is your websitesupporting your marketingefforts or is it just a neces-sary expense The most ef-fective sites have a lot incommon they are builtfrom a clientrsquos point of viewthey are informative and ed-ucational they display yourexpertise they have person-ality they are well ldquotaggedrdquoto be picked up in Googletype searches and usevideos effectively
15 Discipline Sometimesour best intentions lack thediscipline to carry out whatwe know we need to doDevelop a strategy with atimetable to accomplish theplan Start with this check-list and add to it as youprogress along the road to
growing your practice Wehope that this will help you to
focus on the issues that are mostimportant for you and your firm go-
ing forward
Michael J Anderson is a principal in Inno-
vative Consulting Hersquos based in Vancouver and
can be reached at 6042724222 or at
andersoninnovativeconsultingca
Topics 22
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
SUMMER 2009
Editor Stephanie MarshManaging Editor Designer Peter Morgan
This issue is also available in PDF format atlthttpwwwbclmaorggt
Topics Archive amp Indexlthttpwwwbclmaorggt
Editorial copy 2009 BCLMA CANADA
Published by MORGANNewsletters 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 BC It is the BCLMA lsquos goal toprovide educational and networking opportunitiesto 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
NEWSLETTER SERVICES
TOPICS is a public newsletter We will be pleased toadd you to our mailing list for this newsletter Pleasecontact the Editorial Committee Chair or any mem-ber of the Editorial Committee listed on the left forcomments on any of these articles or to offer sugges-tions for articles in future issues or for adjustments tothe circulation list Comments are always welcome
REPRODUCTION RIGHTS
Topics is copyrighted however we encourage you tocirculate or copy this material unmodified for yourown internal or private use You may freely quoteany article or portion of article but it must be ac-companied by attribution Quoting any article orportion of article without attribution is prohibitedThe newsletter its contents or its material may notbe sold intact or modified nor included in anypackage or product offered for sale
EXECUTIVE Stephanie Marsh President
Fasken Martineau2900 550 Burrard StreetVancouver Canada V6C 0A3D 6046314767F 604-631-3232SMarshFaskencom
Jan Whyte Vice-President
Murphy Battista2020 650 West Georgia StreetVancouver BC V6B 4N7D 6046333811F 604-683-5084WhyteMurphyBattistacom
Gary Carter Director
Paine Edmonds LLP1100 510 Burrard StreetVancouver BC V6C 3A8P 6046831211F 604-681-5084GCarterPaine-Edmondscom
Cindy Hildebrandt Director
Richards Buell Sutton LLP700 ndash 401 West Georgia StreetVancouver BC V6B 5A1P 6046823664D 6046619267F 604-688-3830CHildebrandtrbsca
Evenna Liu Director
Oyen Wiggs Green amp Mutala LLP480 ndash 601 Cordova Street WVancouver BC V6B 1G1D 604-676-9074F 604-681-4081ELiuPatentablecom
Barb Marshall Director
Fasken Martineau2900 ndash 550 Burrard StreetVancouver BC V6C 0A3D 6046314991F 604-631-3232BMarshallFaskencom
Angela Zarowny Treasurer
Direct 6043510124azanddzShawca
Jane Kennedy Administrator amp Membership Services
BCLMA
PO Box 75562RPO Edgemont VillageNorth Vancouver V7R 4X1P 6049881221F 604-988-1221MembershipBCLMAorg
SUBSECTION LEADERS
Facilities amp Service ManagementJanice McAuley Co-Chair
Lawson Lundell LLP1600 ndash 925 West Georgia StreetVancouver Canada V6C 3L2D 604-631-9254F 604-669-1620JMcAuleyLawsonLundellcom
Lorraine Burchynsky Co-Chair
Boughton Law CorporationSuite 700 ndash 595 Burrard StreetVancouver Canada V7X 1S8D 6046474162P 6046876789F 604-683-5317LBurchynskyBoughtonca
FinanceSheila Tham Co-Chair
Watson Goepel Maledy LLP1700 ndash 1075 West Georgia StVancouver BC V6E 3C9P 6046881301F 604-688-8193SThamWGMlawcom
Linda Lucas Co-chairDavis LLP2800 Park Place 666 Burrard StVancouver BC V6C 2Z7D 6046436305F 604-687-1612E LLucasDavisca
Human ResourcesTina Giallonardo Chair
Miller Thomson LLP1800 840 Howe StVancouver BC V6Z 2M1P 6046872242F 604-643-1200TGiallonardoMillerThomsonc
Knowledge ManagementGreg Christensen Chair
Fasken Martineau2900ndash550 Burrard StreetVancouver Canada V6C 0A3D 6046314993F 604-631-3232GChristensenFaskencom
MarketingRecruiting
Small FirmsSharon Kwong Wah Chair
Young Anderson1616 ndash 808 Nelson StreetVancouver Canada V6Z 2H2 D 604-689-7400F 604-689-3444KWongWahLYAbcca
TrainersRuth-Ann Spencer Co-Chair
Bull Housser amp Tupper LLP 3000 1055 West Georgia Street Vancouver BC V6E 3R3 D 6046414921 F 604-646-2638 RASBHTcom
Lisa Dick Co-Chair
Fasken Martineau 2900ndash550 Burrard Street Vancouver V6C 0A3 P 6046313131 F 604-631-3232 LDickFaskencom
Technology Aaron Fahlman Co-Chair
Fasken Martineau2900 550 Burrard StreetVancouver Canada V6C 0A3D 6046314960F 604-631-3232AFahlmanFaskencom
Aaron Zuccolin Co-Chair
Watson Goepel Maledy LLP1700 ndash 1075 West Georgia StreetVancouver BC V6E 3C9 D 6046425661F 604-688-8193AZuccolinWGMlawcom
EDITORIAL COMMITTEE
Bob Waterman Chair
Richards Buell Sutton LLPD 6046619241F 604-688-3830BWatermanRBSca
Stephanie Marsh Editor
Fasken Martineau2900 550 Burrard StreetVancouver Canada V6C 0A3D 6046314767F 604-631-3232SMarshFaskencom
Mike BowerbankBurnabyMikeYahoocom
Lorraine BurchynskyBoughton Law CorporationSuite 700 ndash 595 Burrard StreetVancouver Canada V7X 1S8D 6046474162P 6046876789F 604-683-5317LBurchynskyBoughtonca
Paula ButlerBarrister amp Solicitor200 100 Park RoyalWest Vancouver BC V7T 1A2P 6047820373F 604-983-0372PButlerPaulaButlercom
Tim WurtzBaker Newby LLP9259 Main StChilliwack BC V2P 6K2P (1) 6047921376F (1) 604-792-8711TWurtzBakerNewbycom
BCLMA EXECUTIVE amp SECTION LEADERS
DENN
ISCO
X
BC Legal Management Association
By Paula Butler Lawyer
Herersquos 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 re-
ceive a $25 gift certificate to Chevron Note that yourresponse remains 100 anonymous unless you attachyour E-Business Signature with your text Even if youidentify yourself to us to be entered into the draw yourparticipation will remain anonymous to our readersWe wonrsquot publish your name neither as a respondentnor as a winner
Paula Butler is a sole practitioner who specializes inlabour and employment law from her office in WestVancouver
The case of the pregnant receptionist
Mary-Jane is one of the two receptionists at Smith amp Frankin-son and she works 7 am to 3 pm five days per week
The second receptionist works 1230 pm to 6 pm Mary-Jane becomes pregnant and takes a
year off on pregnancy and parental leave Be-fore Mary-Jane returns to work she requests ameeting with you the Human Resources
Manager at the firm At the meetingshe tells you that she has hired a
nanny and has told the nannyto bring the baby to the of-fice at three-hour inter-vals starting at 9 each
morning so that Mary-Jane can breastfeed the
baby while she is atwork You explain to her
this wonrsquot work becausethere is no coverage for reception at 9 or at noon and that itwould be inappropriate for her to breastfeed the baby while sheis sitting at reception She leaves your office and immediately re-tains a lawyer
Does Mary-Jane have any legal recourse resulting from your decision
RESPONSE I donrsquot think the firm would have a duty to accommodate in
this instance however before it got to the point of the staff member storming
out and retaining a lawyer I would hope that we could reach a mutually
satisfactory solution I would make some suggestions (eg pumping at work
in a private area etc) She did take one year off for maternity leave I have
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 4
OUR NEW SCENARIO ndash TELL US WHAT YOUrsquoD DO IN
THE CASE OF GILLIANrsquoS REFERENCE
Gillian started working as a paralegal at Hamilton John-son amp Finch in November 2008
For a few months her work is commendable and sheseems to be fitting in with co-workers but it soon becomes
clear that Gillian maybe a problem She is aslow worker with littlemotivation she makesmany mistakes and sheseems to upset her co-workers by making un-kind and critical com-ments on a frequentbasis
However Gillian isnot given a performance appraisal nor does anyone talk toher about her ongoing conflict with co-workers
One day Bill one of the lawyers with whom she worksbursts into your office and says ldquoI canrsquot take it anymoremdashyou have got to get rid of Gillianrdquo This sentiment is thenechoed by a number of other people As the Director of Ad-ministration you make the decision that Gillian should befired but as there have been no warnings her employmentis terminated without cause and she is never specificallytold why the firm made the decision
Then you get a call from another firm in town askingyou for a reference for Gillian
What do you say
HOW TO BE OUR JUDGETO RESPOND WWWBCLMAORG
This feature of TOPICS compiled by Vancouver lawyer Paula Butler
is designed to get you thinking about workplace scenarios that might
happen ndash or have happened ndash 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 senderrsquos name
nor the firmrsquos name will be revealed to the editors ndash
only your response Next edition wersquoll print a selection of your
anonymous responses ndash and provide a new scenario
The Case of the Pregnant Receptionist to Page 5
YOU BE THE JUDGE
mation sessions ensured there was some-thing for everyone
Leadership | Law Firm Succession Planning |
Electronic Document Management and Storage |
Extranets | Public Relations | Generational Di-
versity | Improved Written and Oral Communica-
tion Skills | Tchotchkes amp SWAG (Stuff We All
Get)| Legal Trends | Data Security | Profession-
al Conduct | Going Green | Effective Financial
Reports | Harassment Prevention and Correction |
E-mail Best Practices | Social Networks | Law
Firm Retreatshellip
The list goes on There were also sev-eral scheduled Ideas Exchanges based onthe size of our firms Each one had rele-vancy and cross-border appeal
BCLMA delegates gained terrific valuefrom the sessions and brought back sever-al new ideas to their firms
KEYNOTE SPEAKERSA roster of speakers delivered address-
es on leadership perception and motiva-tion including Ret Lt General Russel L Honoreacute the
commanding general of Joint Task ForceKatrina who helped restore order amidNew Orleans hurricane devastation andpaved the way for rebuilding the city
Billy Mills a Native American mem-ber of the Oglala Sioux tribe whosegold medal marathon in the 1964Tokyo Olympics is considered to bethe greatest upset in Olympic historyMills remains the only American everto win the 10000-meter run
Liz Murray now an inspirationalspeaker who grew up with two drug-addicted parents whom she begansupporting when she was just 10Homeless by 15 she completed highschool in just two years while living onthe streets attaining a full scholarshipto Harvard University
LUNCHEON FOOD FOR THOUGHTThe Association Luncheon was
packed with activity and announcements Current and incoming Executive
members were introduced Former President Dick Nigon received
the David W Brezina Memorial
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 5All that ALA jazz from Page 1
never heard of anyone asking to bring their child
in to nurse but that is not to say it doesnrsquot
happen
Hi this is Paula Discrimination onthe basis that a woman is breast-feed-ing is a form of sex discrimination un-der the BC Human Rights Code As a re-sult having a lsquono breastfeeding atworkrsquo rule can be considered sex discrimination
If an employee asks to breastfeed ababy at work the firm would have aduty to accommodate and the best op-tion is to try to reach a reasonable ac-commodation with that employee Isthere a private area where the babycould be breastfed Is there someoneother than the second receptionist whocould cover reception
The accommo-dation process is ashared responsibili-ty and the employ-ee needs to be in-volved in finding aworkable solution
There are casesof women who askto bring their babyto work to nurseand if this happensat your firm I rec-ommend that you obtain legal advicebefore answering the employee
Donrsquot forget to have a look at ournew You be the Judge case on page 4 fordiscussion in the next issue lsquoThe caseof Gillianrsquos referencersquo and let us knowyour response about how yoursquod han-dle it
Paula Butler
The Pregnant Receptionist from Page 4
Award for his outstanding service andcommitment to the ALA over the pastmany years
More than US$100000 was presentedto Smile Train the charity selected inhonour of the 10th anniversary of theALArsquos Community Challenge Week-end (The Weekend is a national eventin which 90 to 100 ALA chapters under-take a community service project intheir local areas) The Smile Train pro-ject provides children in developing na-tions with surgery to correct cleft lipsand palates The ALA donation repre-sents the largest ever received by thecharity from a single association orgroup
President Wendy Rice-Isaacs complet-ed her term passing the leadership ofthe association to Susan French KoranBefore doing so one of the two manag-ing partners with which Wendy worksattending from Columbus Ohio deliv-ered a speech of genuine respect laud-ing Wendyrsquos contributions to the firmand to the ALA over the past 17 years
Wendy has certainly played a signifi-cant role in developing the new relation-ship between the ALA and the BCLMA
Wendy with ALA executive mem-bers Dick Nigon Patti Groff and JohnMichalik helped arrange the first meet-ing to discuss the opportunities to worktogether Members of the currentBCLMA executive board welcomedWendy Patti John and Susan to Van-couver this past spring to continuebuilding the foundation of this impor-tant relationship We too appreciateWendyrsquos contributions
Susanrsquos first order of business as thenew president was to announce the ALArsquosrebranding As she presented the newbrand and explained the logic behind it acarefully planned launch occurred behindthe scenes
ALA members switched signage in theconference centre (TV monitors registrationdesk vendor hall carpet mats brochuresetc) updated the website and sent a broad-cast e-mail to all ALA members
As we exited the luncheon we eachreceived a new ALA brochure and a to-ken gift sporting the new logo This mas-
sive undertaking was impressive and byall appearances seamless
DIDDELY DIDDELY DOO BOP BOPNow for a look around The Get
Jazzed theme was prevalent throughoutthe program At the opening receptionon Sunday evening we all connectedwith each other and reconnected withour ALA CALA and TLOMA colleagueswhile Dr Jazz and the New Orleans Sounds
played traditional Dixieland jazz fol-lowed by Storming the Band touted theldquothe hottest and most versatile band inthe Southrdquo
After the opening several of us attend-ed a vendor reception on colourful Bour-bon Street All types of music flowed fromthe open doors and windows of bars andrestaurants while patrons tossed beadednecklaces from second-floor balconiesThe Encore Reception late Tuesday af-ternoon was titled Lagniappe a Cajunword meaning ldquoA little something extrardquo
Delegates visited more than 100 ven-dors in the exhibit hall placed bids at theSilent Auction enjoyed drinks and appe-tizers and encountered three differentgroups of entertaining musicians
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 6
French Quarter statutes of lsquoFatsrsquo Domino Al Hirt and Pete Fountain all musical legendsall came from New Orleans even as they helped define its music for millions
Like Vancouver New Orleans did away with its streetcar system as not being lsquomodernrsquoenough only to discover theyrsquore pretty practical and ought to be reconsidered
Maybe Bombardierrsquos showpiece during the Olympics will change Vancouverrsquos mindset
TLOM
APR
ESID
ENT
EDM
UND
REID
TLOM
APR
ESID
ENT
EDM
UND
REID
All that ALA jazz to Page 8
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Dependability Dedication ExperienceNo matter the discipline the demands
are the same
At Ricoh wersquove spent the last 70 years
honing our skills chiseling out the very
definition of what it means to be the best in
WORLD CLASS OFFICE SOLUTIONS
1888RICOH 1ST bull ricohchampionsca
multifunction systems bull colour bull high volume bull fax machines bull printers bull scanners
What it takes to be a
CHAMPION
Mult i funct ion Colour
High Volume Printers
Scanners Fax Machines
copy2007 Ricoh Canada Inc
The NrsquoAwlins Po Boys created authenticand lively Southern sounds with featuredfiddle and soundbox The Gumbo Trio
with their banjo horn and stand-up bassplayed Dixieland and Jay-Ray amp Gee ana capella group of New Orleans streetsingers from the French Quarter famousfor doo-wop strolled throughout the halldeftly putting the bop in the bop shoobop shoo bop for all of us
On Wednesday night we attended theFinale Party the theme Masquerade Wear-ing painted or feathered masks we boardedshuttle buses to Mardi Gras World anevent location filled with hundreds of sculp-tures giant figurines and parade floats
Rockinrsquo Dopsie Jr amp the Zydeco Twisters
got the crowd dancing with their uniquebrand of music Zydeco is a sort of melod-ic gumbo concocted from CajunAcadianmusic Afro-Caribbean rhythms andmelodies and blues In another area The
Jamil Sharif Quintet played smo-o-o-othjazz Indigenous music played every-where both inside and outside of the con-ference centre the entire week
THE CITY STILL RECOVERING THRIVESWhile some outer districts still show
evidence of Hurricane Katrina New Or-leans proper is beautiful and thrivingThe French Quarter is exquisite
Tall doors and shutters accent hotel andstore fronts Wrought-iron railings support-ing hanging baskets bulging with ferns andflowers trim second and third floor bal-conies Lush palms fill narrow courtyardsnestled between brick buildings Gas-fedlanterns still light many streets
Some delegates arrived a day or twobefore the conference or stayed on a fewdays after to enjoy some of the manyguided tours to plantations swamp landsor through the city itself
GREAT EVENT
We applaud our colleagues south ofthe border on the success for their 38thannual conference
Be sure to mark your calendar forBCLMArsquos own conference Oct 21ndash232010 in Vancouver BC
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 8
CONVEYMASTER
Ask us about our bull $25 pay-per-conveyance bull plan
Tel (800) 667-0332 or (604) 685-1078Fax (604) 685-9370
Go with the best Home Page wwwsaicaGo with ConveyMaster Email infosaica
Conveyancing SoftwareNew EFS Module
FUTURE ALA CONFERENCES
2010 May 3 ndash 6 | Boston Massachusetts2011 May 23 ndash 26 | Orlando Florida2012 April 23 ndash 26 | Honolulu Hawaii2013 April 15 ndash 18 | National Harbor Maryland (Washington DC area)
All that ALA Jazz from Page 6
The BCLMA hosted a sold-out event atStanley Parkrsquos Fish House and nearby
Pitch lsquonrsquo Putt on June 18More than 40 people golfed nine holes
beneath the late afternoon sun Theythen joined the more than 30 diners atthe restaurant for another successful sum-mer event
Mills Basics and ZSA were the gener-ous sponsors Brad Mills and Chad Ege-land of Mills Basics and Elizabeth Borrilland Dragana Milisic of ZSA were in attendance
HIGHLIGHTSPenny Harvie announced her upcom-
ing retirement from Fasken Martineauafter 22 years at the firm Penny will stayon at the firm until the end of July atwhich point she will enjoy the summerand consider her next life chapter
Another highlight included welcomingJohn Hawke back to the BCLMA after atwo-and-a-half year sojourn to work at anengineering firm John has taken on therole of Chief Operating Officer at LangMichener
PRIZE WINNERS GALORE Brad Mills (Mills Basics) Ernie Gau-
vreau (Gowlings) Donna Oseen(Alumni) and Ken Brennan (Gowl-ings) who posted the Best Team Scoreof 142
Sam Mann of Singleton Urquhartposted the Best Individual Score ofjust 28 and Agustino doSouto ofHarper Grey handed in the MostHonest Score (We agreed not to pub-lish the actual score)
Event sponsors and other vendors pro-vided door prizes
John Hawke (Lang Michener) won apersonal shredder courtesy of MillsBasics Carina Bittel (Clark Wilson)won a bottle of champagne courtesy ofZSA and
Roy Boal (Blakes) and Shirley Mad-
den (firm) each won gift certificates toMarquis Wine Cellars
BCLMA DOOR PRIZE WINNERSAs with every one of our social events
the BCLMA provides door prizes Herersquoswho won Cineplex Odeon Theatres ndash Penny
Harvie (Fasken Martineau) Starbucks ndash Raf Sansalone (BLG)
Julie Wong (firm) iTunes ndash Robbin Myers (firm) Cactus Club ndash Dave Bilinsky (Law So-
ciety) LCBO ndash Agustino doSouto (Harper
Grey) The Bay ndash Sarah Glazzard (Lang
Michener)
ANOTHER GREAT EVENTThank you to everyone who attended
this fun event Your participation makesour events continually successful
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
MAKING THE MOVEShellip
WELCOME NEW AFFILIATES
Kristie Hedges Alexander Holburn Beaudin amp Lang LLP Human Re-sourceshellip Karen Jenkins Stikeman Elliott LLP Technologyhellip Dan
Phung Stikeman Elliott LLP Technologyhellip Tammy Marchinkow PaineEdmonds LLP Finance
WELCOME NEW REPRESENTATIVES
John Hawke has returned to the BCLMA and has joined Lang Michener asChief Operating Officerhellip Andrea Pantages is the new Administrator at
Mandell Pinderhellip Jessica Melson is the Assistant Office Managerat Hartshorne amp Mehl
In accordance with our bylaws firms are the BCLMArsquos Members Representatives were
formerly known as Full Members Affiliates were formerly known as Subsection MembersThe
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
BCLMA SUMMER EVENT
40 golf and 70 dine at successful sold-out sensation of our June social at the Stanley Park Fish House
Penny Harvie to retire
Topics 9
By Court Services Branch Staff BC Ministry of the Attorney General
Over recent years wersquove seen an in-crease in online options in every-
thing from online shopping to e-filing ourincome taxes Chances are most of ushave used these types of services
Increased environmental conscious-ness pressures to be more efficient andexpectations for anytime-anywhere accessmean that online interactions are increas-ingly demanded and offered It is in thisspirit that Court Services Online (CSO) wasdeveloped and within that e-Filing forcivil court documents
CSO e-File service allows you to sub-mit electronic court documents in civilactions to Supreme Court and ProvincialCourt registries
British Columbia is the first provincein Canada to introduce a comprehensivee-Filing system that includes an e-Filingservice and the storage and maintenanceof court files in an electronic formatCSO e-Filing helps law firms meet theirdynamic needs
Today CSO e-Filing is available in all43 court locations Moe than 65000Supreme Court civil and ProvincialCourt small-claims documents have al-ready been e-Filed (See Resources box)
Why e-File your court documents Itrsquoseasy efficient environmentally responsi-ble and inexpensive Easy ndash E-Filing can take less than three
minutes to complete To begin youwill need a CSO account (See Resources
box) and software to convert your doc-uments to Adobe Portable DocumentFormat (PDF) All document preparation for e-Filing
is done off-line You can prepare yourdocuments using existing templates orprecedents in any word-processing for-mat and then just convert the documentsto PDF for filing There is no need for anelectronic signature or other digital cre-
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 10ELECTRONIC FILING PASSES 65000 DOCUMENTS
BC court filings increasingly electronic for all major types of BCSupreme Court and Provincial court cases except criminal
T he CSO system is the only method of filing
documents electronically in the BC court
system and itrsquos only in BC at that But there
are other jurisdictions that have a similar sys-
tem and one in particular the US PACER
system is well ahead of ours both in extent of
court coverage and user costs
We particularly thank the CSO office for
providing the accompanying article at our re-
quest but we also let them know we were in-
terested in how BCrsquos system stacks up and
with thier article in hand we asked some
questions
They told us for instance that the growth
of e-Filing in BC has continued steadily since
it was first set up as a pilot project in October
2005 with just one court location Province-
wide e-filing became available on December 1
2008 ldquoand at present there is approximately
an 8 uptake raterdquo
We also were curious about the fact that the
CSO system doesnrsquot include criminal case fil-
ings The response there are ldquono formal plans
at this time to provide access to Supreme Court
Criminal information but it could potentially
be available in the futurerdquo
The CSO is BC-only so we asked if it was
going to be incorporated into a national system
They replied ldquoThere are no formal plans to in-
tegrate the BC system into a Canada-wide sys-
tem however several provinces have shown an
interest in the systems that BC has developedrdquo
The system is in two parts input and out-
put Law firms for instance can file electronic
documents through accounts and there is a price
structure for doing so The public has free ac-
cess to a search engine and the results produced
by the search but retrieving and downloading a
document or documents from a particular
court case linked to the index costs $6 instead
of the $8 charge if a person went to a court reg-
istry and asked for a file to be pulled for view-
ing within the registry itself physical photo-
copying is extra
We asked CSO about the rationale for its
costs The reply ldquoThe BC CSO service costs are
generally calibrated to make it a user-pay service
which is funded by its use and does not impose a
burden on taxpayers by making it a subsidized
servicerdquo
In the US PACER an acronym for Public
Access to Court Electronic Records is an elec-
tronic public access service of United States fed-
eral court documents
It covers civil criminal bankruptcy and
appellate cases that are federal and itrsquos the
output side of the American system PACER is
managed by the Administrative Office of the
United States Courts It allows the public to
obtain case and docket information from the
United States district courts United States
courts of appeals and United States
bankruptcy courts
Each court maintains its own system a
small subset of information from each case is
transferred each night to the US PartyCase
Index located in Texas at the PACER Service
Center in San Antonio
Records are submitted to the individual
courts using the Federal Judiciaryrsquos Case
Management Electronic Case Files (CM
ECF) system which is the input side and has
its own cost structure It accepts the filing of
documents in PDF through the electronic filing
system of each court which maintains its own
databases with case information The index
provides the necessary links to the actual docu-
ments stored in each court
Access to all PACER dockets is available by
registering at its site
lthttppacerpscuscourtsgovgt and the
download cost is eight cents per page with a
US$240 cap per case session with payment
usually quarterly by credit card for those with
non-American addresses
Those with American addresses can get free
access via
lthttpwwwfreecourtdocketscomgt
How does the cost and range compare
BC Court E-Filing to Page 20
By John Clerides
Part of my job de-scription includes
meeting people at so-cial gatherings orbusiness eventsWhen the conversa-tion turns to whatone does for a livingwe inevitably end uptalking about wine
Most people Ispeak with have little understanding abouthow wine is sold imported or priced inBritish Columbia while ironically theyare acutely aware of the low prices forwine in the United States and Europe
When I begin to explain how our sys-tem works people often shake their headsin disbelief So let us spread this cheer byexploring the inner workings of theBritish Columbia Liquor DistributionBranch (BCLDB) and how a wine ispriced
The method used to price wine iscalled an ad valorem tax What does thismean
One source ndash Investopediacom ndash de-fines it as A tax based on the assessed value of
real estate or personal property Ad valoremtaxes can be property tax or even duty on import-
ed items Property ad valorem taxes are the
major source of revenue for state and municipal
governments
The ad valorem tax that the BCLDB usesto assess wine is 117 on the first $751of landed cost Everything thereafter istaxed at 55
Letrsquos take a wine from France with anexport price of euro3 a bottle or euro36 a caseBased on a euro160 exchange rate betweenEuros and Canadian dollars the Canadi-an equivalent value is $5760 a case or$480 a bottle
Now the fun starts An importer factors in shipping tran-
sit insurance storage insurancewarehouse charges administra-tion storage itself (usually sixmonths) the picking sur-charge delivery to theBCLDB locations fuelsurcharges (thereare two of thoseone when the wineis initially shippedand received inBC and onewhen itrsquos movedto the BCLDBrsquoswarehouse) han-dling and any spe-cial labelling
These costs usu-ally add up about$15 or $20 a caseDepending on thenumber of cases im-ported the higher thequantity the lower theshipping charges Now addon the importerrsquos profitwhich varies but usually is be-tween 10 and 20 of the ex-port price
If the importer sells a wealth ofcases they can work on less margin andmake it up in volume If it is a limitedproduction winewith good reviewsand scores theywill try to eke out abit more All ofthese costs are fac-tored in before the117 BCLDBmarkup
So take theinitial export priceof the case ofwine $5780 Addin $20 a case forshipping and othercosts plus 20 profitfor the importer Thecase of wine lands inBritish Columbia at $8910or $742 a bottle
Now the BCLDB applies itsmarkup That
$480-bottle of wine which left Francewill now retail in BC for somewhere
$23 and $26And wersquore not factoring in
currency fluctuation TheBCLDB rules are such thatif an importer applies fora listing at one retail
price and then theEuro increases by 30eight weeks later theimporter is obliged toadhere to their initialretail price
Therersquos more TheBCLDB has specificdays you can apply forprice changes If animporter has to re-pricea wine so they do not
lose any money theymay have to wait a month incurring ad-ditional storage charges It can also workthe other way too but this rarely
happens While a large percentage of the
price you pay for wine goes intotaxes and logistics it does not take
away from the care that goesinto wine on the front end
Carefully managing the landallows the soil to become
alive reducing the size ofthe harvest harvestingvineyards by handmanaging leaf growthcarefully handling vini-fication and agingpractices precisely
All these take yearsto master and all con-tribute to the qualityand enjoyment of awine Sometimes youdo get what you pay for
John Clerides is the owner
and President of Marquis Wine
Cellars John travels extensively
through the wine regions of Italy
France California Washington State
Oregon and Australia Visit his shop at 1034
Davie Street Vancouver or his website
lthttpwwwMarquis-Winescomgt
TopicsTHE BUCK STOPS WITH YOU
Why the price of winemakes you want towail and whine
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorgr S
John Clerides
JAY PATEL ARTIST
11
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
erwise not be sharedWhen you are in a relaxed state the
neo ndash cortex (the subconscious area ofyour brain) is more likely to become acti-vated This is your resource centre aplace where you can really tap into thethings that make you happy and thusbring tools that can help you remain fo-cused establish new goals and findstrength to change situations that arehonestly not working for you
Now bring the Change Management For-
mula components into this concept whenyour relaxed resourceful and reflectivemindset has had a chance to communi-cate with your logical strivedrive dailyndash performance mindset about a positivechange or goal for you to achieve it islikely that your resistance to changewhich may have spent the better part ofthe past year as the dominating factor ina part of your daily duties or desires is
now less powerful than your dissatisfac-tion + vision for what potential you canreach
It is helpful to know that fear drivesthe resistance to change whereas theendless and ominous power the subcon-scious mind provides when it comes tohuman achievement drives vision It istypical that the subconscious mind over-comes conscious fears getting to the re-sourceful state to do so is the key
Pay attention to this seasonrsquos externalforces the ones that spark your internalforces that motivate you to try somethingnew Your desire for change fuelled byyour subconscious desires has overcomethe fear thatrsquos a regular and natural pre-cursor to change
The ability of the subconscious mindto communicate ndash that is the change fac-tor that is different That is why this issuch a powerful time and why it is so im-portant to concurrently incorporate the
last component of the Change Management
Formula taking the first steps towardschange It will give you a good push tostart you swinging towards your personaland professional goals
Herersquos an exercise Letrsquos take that firststep together in the form of experiencingan amazing example of awareness accep-tance dedication and success through thefollowing story
An artist was standing proudly by hisdisplay sculpture at the Art Gallery open-ing Its colour was the traditional gun-metal it was shiny with glistening hints ofbronze and onyx-like shades throughoutthe massive winding tree-like structure
As the crowds gathered he launchedinto an introduction of the piece confess-ing that he had salvaged a gargantuanpiece of metal and intended to bring itinto its existence as a beautiful art sculp-ture The audience was captivated by the
Goalsetting 101 from Page 1
Goalsetting 101 to Page 13
Smile amp Link
SMILE
One of the new features of our redesigned
website includes the ability to post individual
profile photos next to each personrsquos 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
membershipbclmaorg
Thank you for your co-operation
LINK
BCLMA is LinkedIn
The BCLMA is now a group on the popu-
lar business-social website LinkedIncom
which can extend your existing network of trust-
ed contacts
Add the Group and enhance your profes-
sional profile
Topics 12
artistrsquos voice ndash full of wonder and fantasyndash as he continued with the evolution ofthe sculpture
Several months into the creation heexplained he thought the piece was ru-ined and worthless He had discovered adeep ugly flaw along what was intendedto be the most visible line of the intendedfigure
At first it seemed to be a small obsta-cle but as the weeks and months wentby the artist was unable to camouflagethe flaw In fact it seemed to enlarge be-coming more noticeable No matter whattechnique he used the roughness of theflaw could not be tamed not even by themost powerful commercial ndash grade steelsaw the trusted companion in all of hiscreations
For the next several years the artiststruggled with how to work with the chal-lenge He returned to face the piece from
time to time viewing its physical imagefrom different vantage points in proximi-ty and height in differing lights butcould not find a way to resolve the issue
He had loved the piece for so long de-spite its shortcoming it was a truly spec-tacular figure from all but one angle Hewould touch it dust it work on an areaaway from the flaw but no matter whathe did it eventually became obvious to theartist that this flaw would keep the piecefrom being accepted at commercial gradeby his customers and the art industry
If he were to leave the flaw as is itwould have to be displayed in a privateplace for his external reputation could beharmed if it were publicized that he waswilling to live amongst lsquosecondsrsquo with thesame attitude and charisma that he exud-ed with his lsquoperfectrsquo pieces He was fear-ful of taking a risk that might end his ca-reer
So the artist resolved that the only op-
tion was to abandon the piece to createmore room in his studio He decided toforget it in order to focus his creative re-sources on a more fruitful project
Surprisingly moments after arrivingat this raw emotional state somethingcame over him that refused to allow himto abandon the project The decision hadbeen made in his conscious state andonce his conscious mind released its holdhe found himself for the first time lookingat the real problem ndash which wasnrsquot theflaw
He stopped approaching the problemwith his business senses his logicalthought processes to do with the adviceon use of his time analysis of the productrsquos eventual profitability and hisreputation amongst stakeholders in hisartistry
Instead he approached the problemwith a tool he possessed that was morepowerful than his business brain more
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 13
SAVE THESE DATESMark your calendar with these upcoming
events and important dates
Wednesday Sept 23 2009
BCLMA ndash ALA ndash TLOMA Breakfast
webinar lsquoEvolve to Solversquo Presented by Gary
Mitchell (Vancouver) and Catherine Mitchell
(Toronto) of GEM Communications
Fri-Sat Oct 2-3 2009
ALA Region 5 Conference Fairmont Banff
Springs Banff Alberta Canada
Wednesday Oct 7 2009
BCLMArsquos First-Ever Leadership Series
lsquoLeadership amp Balancersquo Presented by
Joanne Ward BComm BEd MA CCC
Thur-Sat Oct 21-23 2010
BCLMA Educational Conference Vancou-
ver Contact Jane Kennedy at Membership ad-
dress below to join the Conference Planning
Committee
Goalsetting 101 from Page 12
powerful than his electricsaw His emotional brain +his heart became the en-gine and fuel behind the so-lution the solution that wasin sync with who he was acreator a transformational-ist a builder
With the voice of a wiz-ard the artist shared withthe rapt crowd around himwhat the audience hadbeen waiting for what hadbrought the seemingly bro-ken hopeless unattractiveand invaluable piece to thegrandure the people wit-nessed today
The first component ofthe plan that emerged fromhis subconscious state com-
mitment He truly did notwant to abandon the struc-ture despite its lack of com-mercial value He foundhimself committing to thefollowing familiar proce-dures that worked for himin the past (1) Hard physical work (2) Exhausting mental work as he focused
his attention on small progressivesteps
(3) Time a lot of time more time than hehad previously been willing to devoteand
(4) Various tools in addition to theallndashpowerful electric saw The second component patience In-
stead of brutally amputating the trou-bling piece he used the saw ndash but in amuch more gentle patient manner in or-der to shave thin layer after layer off thedamaged surface
The third and perhaps most importantcomponents in bringing about the changewere combined in attitude and respect In-stead of resenting the flaw he created anecological space for his creativity to flow asit did with other pieces that appeared lsquoper-fectrsquo He let go of the stressors ndash makingmoney and personal gain ndash to honour theinternal reasons for this project
The hours he spent polishing the vi-
able edge material flew by Ingenuitybloomed as it dawned on him he coulduse a resource he had never tried beforein his sculptures a chemical elixir to dis-solve the edges where neither the power-ful saw nor the gentle buffer could pro-duce the desired result
Success the flaw smoothed away theintegrity of the piece maintainedThrough all of the alternative processesthe artist achieved his goal bringing thepiece to a level of public acceptance andhigh market-value but that itrsquos mostvaluable to him personally and profes-sionally Thatrsquos when he said the piecewas not for sale
Everyone in the audience smiled anddrew their gaze up to the top of the struc-ture They had in that 10 minutes madethe journey from the raw troubled begin-nings to the place of a polished visionThey had during that short time livedwith the artist through his accomplish-ments in reaching the potential of the man
and the object on this seem-ingly dead-end situation
POINTS TO PONDER ndash FLEX THOSE SUBCONSCIOUSMUSCLES
If you stood with thegroup at the foot of the stat-ue without the introductionfrom the sculptor you wouldnever have known it wasoriginally rejected by its cre-ators ndash nature metal makersand the artist ndash and was onits way to becoming a worth-less object ignored by thepowers that controlled theenvironment where it trulybelonged and shone
Notice through yourjourney with this passionateartist that you are now in aresourceful state of appreci-ation for the importance ofawareness acceptance nur-ture and transformation
Is it possible for us toknow the worth of ourselvesor another without spendingsome time to become gen-
uinely acquainted with the 360 degree in-ternal and external view ndash with what wecan and cannot see Are you willing torisk answering ldquoyesrdquo to this question andnot take a deeper or more resourcefullook at yourself or others
Send me an e-mail let me know whatyou decide
Jan Whyte is a Certified Professional Coach
as well as General Manager and Administrator
of Murphy Battista Barristers in Vancouver
She can be reached at
ltWhyteMurphyBattistacomgt
She has spent 26 years working in litigation
firms in Vancouver In addition to her adminis-
trative role at Murphy Battista she consults with
staff and lawyers on various components of life in
law firms including recruitment worklife bal-
ance team dynamics such as leadership or con-
flict resolution and enhancing individual and
group performance Jan is an active Board Mem-
ber and the President-Elect of the BC Legal
Management Association
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
14Topics
SEBA
STIA
NKA
ULIT
ZKI
ARTI
ST
By Mike Bowerbank
In the olden days ndash you know way backwhen Windows 95 was new and crash-
ing computers ndash your social network con-sisted of friends you hung out with andtalked to in person
Face to face Can you believe thatIn 1995 the first large social
networking site sprang upClassmatescom gave people anew way to relive those awk-ward high-school moments It
also enabled visitors to see if thecaptain of the rugby team still had hairand his own teeth
It was more of a way to capitalize onnostalgia with a specific group of peopleso one could argue about just how muchof a social network it really was
The first of what we associate with so-cial-networking sites today was launchedin 2000 Friendstercom grew quickly andbecame so popular that it spawned sever-al copycat sites including MySpace (2003)and Facebook (2004) both of which havesurged ahead of Friendster in popularity
All of these sites allow you to post aprofile that includes all of your personaland contact information show off pic-tures of your kids and make the entireonline world aware of your happeningsSuch sites quickly became the way to stayin touch with people without ever havingto you know actually see them or talk tothem
The great thing about these sites is theease with which we can keep in touch
with people despite our time-crunched lives Rather thanphone or meet with the peoplein your life you can simplyupdate your page with yourlatest news and pictures so
that everyone can see them at onceYou can also play games take quizzesand interact with people from all over theworld
Some businesses are using social-net-
working sites tobuild their brandimage and tomaintain contactwith like-mindedcompanies andclients
One site in par-ticular LinkedIn isgeared specificallyfor professionalsand entrepreneurs and now boasts morethan 36 million members in 200 countries
GONE PHISHINGThere is a problem prevalent on e-
mail known commonly as lsquophishingrsquo
Phishing occurs when a fraudulent mes-sage urges you to visit an internet link toverify passwords account information orother personal or private details
Your participation provides crookswith access to your bank accounts for in-stance which they promptly empty
Other thieves donrsquot need to phish bye-mail thanks to social networking Mostpeoplesrsquo passwords for their logins orbank accounts are the names of their kidsor pets PIN numbers are often signifi-cant dates such as birthdays and anniver-saries If that type of information is post-ed on your Facebook page it is literally avirtual bonanza for thieves
Social networking sitesalso seem to appeal to sexu-al predators so keep an eyeon your children as theyuse these types of sites
According to Wikipediathere are now over 200 so-
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
15NOT-SO-SOCIAL NETWORKING
When I was a kid we had Windows 95and we talked to people ndash and we liked it
Topics
zsaca I 1-877-681-0706
Elizabeth Borrill I eborrill zsaca
in change
Wersquore yourpartner
Mike Bowerbank
cial-networking sites online and manypeople are on more than one
FACE TO FACEBOOKFacebook has become the most popu-
lar social-networking application Morethan 200-million users take quizzes up-load pictures contact long-lost friendsand post status updates letting peopleknow what theyrsquore doing from day today
Prospective employersalso use Facebook to look upapplicants Remember thatcandidate who was dressedto impress in your office dur-ing the interview andseemed so eloquent Thatrsquosthe same guy whose Face-book profile photo showshim passed out on the street wearing atutu with a status update that reads Party
Naked
Personal-injury lawyers use Facebookto disprove disability claims One case in-volved a person on leavefrom work because theyclaimed they were toosore to use a computerBy logging onto Face-book opposing lawyerswere able to dispute theclaim by demonstratinghow the injured personused computers regularlyto update their Facebook page Policehave used both MySpace and Facebookto check for probation violations andweapons being brandished in public
If you think your profile is only opento other Facebook users think again OnJune 12th Facebook enabled your profilepage to be viewed as a web page Theformat is wwwfacebookcomusernameand you no longer need a Facebook ac-count to view a memberrsquos profile page
TWITTER TWEETS AND TWITSJust when you thought Facebook had
taken things far enough into the ldquotoomuch informationrdquo realm along came anapplication that is the new killer appTwitter is basically a bare-bones text-based social application made with cell
phones and Blackberries in mind Youbroadcast short messages (140 charactersmaximum) known as tweets to yourworld
Twitter has become the third most-popular social-networking applicationbehind Facebook and MySpace respectively
Twitter like all social applications hassome good practical uses For examplein this recent election in Iran Twitter be-
came the organizing tool of choice for thepro-reformist camp using it to makeprotest arrangements and send globalmessages slipping these past censors(The Iranian government promptly re-
sponded by blocking Twitter and Face-book in the country showing the vulner-ability of both mediums)
While the horrific scene unfoldedduring the 2008 Mumbai attacks in In-dia an estimated 80 tweets were sent ev-ery five seconds People on the scene ofthis terrorist bombing and shooting usedtheir tweets to help compile a list of ca-sualties and to broadcast the location ofhospitals that needed blood donations
In the legal world Twitter allowslawyers in court to provide minute-by-minute information to other lawyers backat the firm This enables assisting lawyers toprepare appropriate materials as needed
With those notable exceptions ac-knowledged one canrsquot help but comparethe pragmatic uses to the vast majority of
Twitter users who consider standing inline at Tim Hortonrsquos post-worthy or thatthere is a terrible smell coming from theirfridge Twitter is used mostly as a narcis-sistic tool so that the world can know ofyour daily happenings ndash sort of a way tobe the star of your own reality show
LIKE OMGSocial networking can be fun and
useful if used sparingly and casually In-stead of getting out andmeeting each other peopleare using social networkingsites to look for love com-panionship and even extra-marital affairs And theysay romance is dead
If you joined Facebookjust to see what your kids
are up to be forewarned that you mightactually find out and wish you hadnrsquot
Donrsquot spy on your kids talk to themYou know with actual spoken words likethey used to do way back in the 20th
CenturyWhen your com-
puter screen becomesyour main window tothe world and literallybecomes your sociallife you might be ad-dicted Such an addic-tion is as serious as-andno easier to overcome
than-other addictions like gambling As the world becomes increasingly
connected it seems that people in societybecome increasingly isolated socially Itrsquosthe paradox of modern communicationand contributes to a large part of the rea-son why Generation Yndash the Millennials ndashusually excels at technology but generallylacks in social skills
If this trend continues and more peo-ple live online good social skills may endup as extinct as the 525rdquo floppy driveand the game Pong
I know Irsquom writing some things towhich online addicts may object but Idonrsquot expect to hear from them aboutit
They only read things that are 140characters or less OMG LOL
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 16
PHILI
PBA
RKER
ART
IST
When the Vancouver OrganizingCommittee for the 2010 Olympic
and Paralympic Winter Games (VANOC)sets up its on-the-ground operations inearnest this fall and winter itrsquoll be mak-ing room in a downtown Vancouver ho-tel in early February for a special Gamesdivision of the Court of Arbitration forSport (CAS) supervised by a city lawyerwho is well-known in the Olympicsmovement
The International Council of Arbitra-tion for Sport (ICAS) which is based inLausanne Switzerland is the fund-rais-ing and administrative body that tookover from the International OlympicCommittee as the Courtrsquos supervisory organization
The IOC launched the court in 1984to settle disputes amongst its sports feder-ations but within its first decade theIOC became increasingly criticized forthe strength of its influence over thecourt The ICAS was formed in the mid-1990s to create independence and an ad-ministrative structure for the courtrsquos in-creasing activities
Three permanent courts exist ndash Lau-sanne Switzerland (where the IOC isalso headquartered) New York and Syd-ney Australia But the ICAS also estab-lishes ad hoc courts such as the one forthe 2010 Games as needed The CASuses about 300 arbitrators from 87 coun-tries and handles about 200 cases a year
The CAS for the Olympic portion ofthe 2010 Winter Games will include ninelawyers acting as arbitrators to operatein the Renaissance Vancouver HotelHarbourside at 1133 West HastingsStreet from February 2 10 days beforethe start of the Games to February 28the day of the Olympic Closing Ceremo-ny
The Renaissance is one of three bigdowntown Vancouver hotels ndash includingthe Bayshore and the Pinnacle a corpo-rate sister of the Renaissance that is locat-
ed right across West Hastings street aswell as the Vancouver Club ndash thatVANOC is taking over completely duringthe Olympic portion of the Games sothey can be used by the IOC and its re-lated organizations
On March 26 the ICAS formally ap-pointed Tricia Smith ndash Vancouverlawyer and partner of Barnes Craig ampAssociates ndash as its liaison officer withVANOC In this role Smith will carry re-sponsibility for the relationship and com-munication between ICAS CAS andVANOC between now and when theOlympic portion of the Games wraps upin early March
Smithrsquos legal experience communityinvolvement and sports backgroundmake her an excellent candidate for thisrole
Although her law practice focuses onmanaging claims for liability insurers andproviding risk-management consultingshe is also a sports arbitrator with anabiding interest in the Olympics
Smith has been a member of the ICASsince 2001 She was unsuccessful in aclosely fought contest with Marcel AubutQC OC a Quebec City-based lawyerwith Heenan Blaikie in a bid this pastspring to replace the Canadian OlympicCommitteersquos (COC) current presidentMichael Chambers when his term endsafter the 2010 Games she will remain onthe COCrsquos Executive Committee as theorganizationrsquos vice president workingfirst with Chambers later with Aubut
Smith is also a four-time Olympianand medallist in rowing the founder andpast president of Olympians BC and vicepresident of its parent organizationOlympians Canada
Smith remains a member of the Exec-utive Committee of the InternationalFederation of Rowing Associationswhich is also headquartered in Lausanneand chairs its Womenrsquos Rowing Cross-Commission
She is also a former member of theBoard of 2010 Legacies Now which wasoriginally formed by the BC govern-ment to be the armrsquos-length implementerof several major social goals of the gov-ernment connected with the Games
Although 2010 Legacies Now contin-ues to work on those goals with the helpof various companies connected to the2010 Winter Games and others and al-though it receives the majority of its fund-ing from Victoria it is now a fully inde-pendent society
The CAS usually involves panels ofthree arbitrators each and they deal witha wide range of issues involving the intri-cacies of relationships between the nu-merous international sports federationsthat the IOC supports through fundsgenerated by sponsorships and Olympicgames and it often deals as well with ap-peals from decisions by the federationsthat affect their athletes
Its work in the controversial field ofanti-doping gives the CAS its highest visi-bility For example just this past June itworked out the appropriate suspension ofGerman ice-hockey player FlorianBusch who made the mistake last De-cember of refusing to provide a urinesample when a doping-control officerknocked on his apartment door a sur-prise test is a known and standard part ofthe International Ice Hockey Federa-tionrsquos procedures for out-of-competitiontesting
Though he took the test a couple ofhours later and it was negative forbanned substances it was too late Therewas a plethora of subsequent legal argu-
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 17BAIRNES CRAIGrsquoS TRICIA SMITH TO SUPERVISE
A sophisticated new court will be set up indowntown Vancouver for the 2010 Games
ments and appeals from various bodiesabout which one should sanction himand for how long
The CAS sorted through the compet-ing claims and ruled that he would re-ceive a two-year suspension effectivelypreventing him from competing in the2010 Games
Perhaps one of its most famous caseswas a decision to uphold a life-time banon taking part in Olympic winter gamesimposed by the IOC against three of fourmembers of the Austrian Nordic skiingteam attending the Torino Italy WinterOlympics in 2006 for allegedly sharingldquocomplicity to violate anti-doping rulesrdquo
Eventually the CAS court commuteda similar ban to the fourth member of theteam to a four-year suspension ndash it endsjust after the 2010 Games ndash after review-ing his lesser role in the affair
When the Olympic Games are under-way the Athlete Villages in Vancouverand Whistler and any separate apart-ments used by Olympic athletes theirteam coaches and related officials have akind of diplomatic separation from thecriminal laws of the host country when itinvolves things such as drugs where con-victions in some countries carry thedeath penalty The IOC as part of itsthicket of legal agreements with hostcountries obtains the authority to lookafter anti-doping cases on its own termsduring the Games The deal usually in-volves the local police going in with IOCinvestigators each with their own juris-diction
The cases can be deadly serious Theanti-doping case that involved the CASstemmed from a joint IOC-Italian policeraid on the rooms of the Austrianbiathlon and cross-country squads onFebruary 18 2006 in the teamrsquos privatequarters in the Italian Alps while theTorino Games were underway
The IOC later reported that 80 medi-cal devices including advanced medicalequipment were found in the apartmentalong with used syringes blood bagsblood-transfusion equipment and evenbloody handkerchiefs
In 2010rsquos case once the Games arefinished the CAS court goes too
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 18FIRM LEADERSHIP THROUGH UNCERTAIN TIMES
Leading your firm through the difficultdilemma of terminations or layoffsBy Tim Wurtz Administrator Baker Newby LLP
Our profession and the world at largebuzzes with the employment impli-
cations of our general economic slow-down Whether you face small adjust-ments to your work force or a larger scalelayoff to control that salary expense lineitem leadership before during and afterany termination plays a central role inhow your firm will weather any fallout asa result of constraints to your work force
LawShuckscom reports that 125 ma-jor law firms around the globe have an-nounced or conducted layoffs The com-bined total is 10723 people 4015lawyers and 6708staff Most law firmson that list thank-fully do not haveany significant rec-ognizable namesfrom our BCLMAnetwork however all local firms whospoke with me are cautiously managingtheir salary expenses
While most research and surveys thatexamine the long-term effects of downsiz-ing indicate that companies that cut staffend up disappointed with the resultsmany of us will face formulating staffingstrategies to control costs Layoffs mayserve a short-term need but create largerlong-term issues Nonetheless we mustmanage and lead as directed by our Part-nership or Managing Committees
I am sure my fellow Administratorsand HR Managers will agree that an im-pending termination on any scale canconsume the workday We complete thenecessary forms derive suitable severancepackages develop plans to reassign workor alternatively reinvigorate the recruit-ment process to find a suitable replace-ment While we focus on the person orpersons being terminated we might over-look and forget or ultimately deny an im-portant aspect of the overall process ndash the
employees we keepThe Law Practice
Today section in theJanuary edition ofthe ABA Law Prac-tice Management in-cluded an article byJaffrey C Connerconcisely summariz-ing the point that fu-ture success of a firm depends largely onthe leadership of management after anylayoffs have been made
The workplace mood becomessomber People ask themselves ldquoAm Inextrdquo There will be a significant amount
of distrust of man-agement and anxi-ety over subsequentjob losses Thesefeelings must betempered by astrong unified mes-
sage from Management It is reasonableto admit the future is uncertain and thatevery effort will be made to ensure astrong and viable law firm well into thefuture Also tell the staff that this uncer-tainty will undoubtedly result in difficultdecisions after every possible alternativehas been considered
Terminating employees is a decisionthat is never made lightly To be an effec-tive leader you need to reinforce that alloptions were considered prior to layoffsUnder conditions of economic uncertain-ty the contribution of leadership is notsimply to inspire or build confidence butrather to solve problems and make ap-propriate strategic decisions
I learned an important lesson at lastyearrsquos BCLMA Conference Peter deJager a specialist in Change Manage-ment said in the closing session ldquoPeopleactually are not resistant to change theyare resistant to the way change is broughtaboutrdquo
Some employees consider termina-
Tim Wurtz
ALL LOCAL FIRMS ARECAUTIOUSLY MANAGINGTHEIR SALARY EXPENSES
tions or layoffs as drastic and developstrong feelings against managementLeaders must remain aware of the per-ceptions of their Partnership BoardManagement ndash and staff All three groupsinfluence a leaderrsquos ability to implementchange specifically to bring about signifi-cant staffing reassignments
Much literature exists about the dis-tinction between leaders and managerswith leaders having vision and creativityand managers focusing on improving ef-ficiency Leaders should exercise dili-gence toward gaining an understandingof their capacity within the organizationto properly apply leadership theories ifappropriate
During uncertain times we need tothink about adaptive and situational lead-ership-the right person with the rightstyle for the right situation Mining theInternet and academic journals for de-scriptions of leadership styles yields hun-dreds of words typically used to describe
a vast variety of leadership traits andtechniques
Two styles reside on opposite ends ofthe spectrum Visionary Leaders and Au-thoritative Leaders A visionary leaderpossesses a charismatic personality em-braces a democratic approach to the de-cision-making process and tries to en-gage staff in ongoing strategic initiatives
An authoritative leader prefers au-tonomous control over decision-makingmotivates employees using various formsof intimidation shows reluctance at relin-quishing control and fails to actively seekfeedback throughout management pro-cesses During difficult and emotionalstaff terminations and re-assignments theenormous grey area between these two
styles is required to carefully steer yourship through difficult waters
Use components of visionary leader-ship to bring employees into the world ofdecision-making Solicit ideas Listen towhat staff say when you introduce cost-saving measures For employees who areterminated or laid-off consider outplace-ment services a mutually agreeable refer-ence letter and perhaps access to thefirmrsquos resources or referral networks sothey can actively seek other employmentFor employees who are retained and pos-sibly required to assume additional re-sponsibilities for the same or less paythink about new benefits you can offerthem such as additional training andsupport
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 19
TERMINATIONS OR LAYOFFS ARE ABOUT LOSS BUT THEY ALSO CREATE OPPORTUNITYFOR US AS LEADERS AND MANAGERS
JAM
ESTH
EW
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Use aspects authoritative leadership toreinforce the notion that difficult deci-sions are inevitable that assuming issuesassociated with terminations or downsiz-ing will solve themselves over time is irre-sponsible It is important not be per-ceived as laissez-faire in yourmanagement capacity and to clearly es-tablish that while difficult the decisionsmust be respected
We are expected to possess the skills toproperly and compassionately deliver badnews to staff As managers it is our dutyto be knowledgeable of how people willreact and deal with the ramifications ofour actions Often the problems in work-force reductions arise when people donrsquotsee logic in why they were laid off andothers kept their jobs People draw theirown conclusions
I know first-hand that remaining stafftypically formulate their own complextapestry of reasons to explain why some-one has been let go These conclusionscanrsquot include aspects of the decision-mak-ing process to which they are not privy
It is counter-productive however toargue with this mentality as they are typ-ically emotionally driven conclusions Ra-tionalization may serve to further fuel thefire of distrust of management
However we cannot ignore it entirelyeither We will need to address the ru-mours and speculation either as a groupor one-on-one
Terminations or lay-offs are aboutloss but they also create opportunityfor us as leaders and managers Ourwords and actions can inspire loyaltyand enthusiasm Vision and authoritymake great bedfellows in any leaderrsquosarsenal of tools but sustainable law-firm profitability and excellence takes aconcerted effort on any managerrsquos partto become and remain the leader that isthe glue in the firmrsquos organizationalculture
Leaders must be honest and trans-parent about current conditions whilstremaining positive and reassuring En-gage Consulting Solutions in its publi-cation Engaging Employees in Uncertain
Times suggests that you must counteractpervasive negativity by providing clear
consistent messaging about the firmrsquosreality regardless of the reality In addi-tion focusing on programs that pro-mote recognition employee wellnesslearning and development are also seenas crucial to reducing the uncertaintywhile increasing retention and engage-ment
The July-August 2009 issue of The
Harvard Business Review lists new requiredleadership skills particularly vital in ourclimate of economic uncertainty 1) Foster Adaptation ndash For instance de-
velop ldquonext practicesrdquo in addition tocontinuing with current best practices
2) Embrace disequilibrium ndash While thisseems to depart from traditional lead-ership efforts to create a harmoniousequilibrium it is suggested you keepstaff in a state that creates enough dis-comfort to induce change but not somuch that they fight flee or freeze
3) Generate leadership ndash Give employ-ees at all levels of the organizationthe opportunity to lead departmentsor firm initiatives that will help itadapt to changing timesA suggestion to Administrators and
HR managers struggling with difficult sit-uations Ensure you take care of yourselfthroughout these dynamic times Cam-bridge Leadership suggests that you 1) Give yourself permission to be both
optimistic and realistic2) Find sanctuaries where you can reflect
on events and gain perspective 3) Reach out to trusted confidants with
whom you can speak openly 4) Bring more of your emotional self to
the workplace noting that appropriatedisplays of emotion can effect change
5) Do not lose yourself in your role nordefine yourself through a single en-deavourThrough these uneasy times we must
skillfully balance the profitability of thepartnership with a healthy organizationalclimate for the firm
They are not mutually exclusive dur-ing economic uncertainty but do requirecareful planning and actions by law firmmanagers to advance our stature withinthe decision-making process to that of alaw-firm leader
dentials except for affidavits and orders Efficient ndash Law firms will like the ease
and convenience as well as the effi-ciencies gained E-Filing allows you tofile retrieve and electronically searchfiles from your office or home It sim-plifies document preparation for of-fices by eliminating the need to printand prepare multiple copies of docu-ments for filing After submitting your documents you
can check on the status at any time sim-ply by logging in at CSO If requestedCSO will automatically send an e-mailnotification as soon as the registry hasprocessed the document
Once the registry accepts the e-Fileddocument it is electronically stampedYou can then download the documentfor your files Enviromental ndash E-Filing can offer a
greener solution for offices by eliminat-ing the need to print and prepare mul-tiple copies of documents for filing As a result your office can use less
paper E-Filed documents do not need tobe physically transported thereby reduc-
BC Court E-Filing from Page 10
Topics 20
ResourcesE-Filing is available for most types of docu-
ments For e-Filing rules refer to SupremeCourt Rule 69 which is athellip
lthttptinyurlcomnasoj9gthellipand Small Claims Rule 22 located
at lthttptinyurlcoml7ch8ggtThere are quite a few Rules on each of these
web pages so once you arrive use your brows-
errsquos Find command to quickly search the page
for the text Rule 69 in the one case or Rule22 in the other
You can register for a CSO account online
through the CSO website atltwwwcourtservicesonlinegovbccagtor if you are a BC OnLine user through BC
OnLine at
lthttpswwwbconlinegovbccagtPlease visit Court Services Online at
wwwcourtservicesonlinegovbcca Questions can be e-mailed to
CourtsCSOgovbcca
E-Filing to Page 21
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
By Michael J Anderson Principal Innovative Consulting
Sometimes whenwe have our
heads down justploughing awaythrough the fires onour desk we losesight of the funda-mental things thatwe should do togrow our practices
Wersquore not talkingabout huge expensive or complex mar-keting strategies here We are just remind-ing you of the basics Several of you prob-ably already do many of these thingsseveral of you probably plan to do manyof these things Our hope is that this listwill remind you of what it takes to expandyour practice and spur you on to turnyour best intentions into best practicesWe also hope that you will gain some newideas and insights
The following in no particular order
is provided as a checklist for what youmight want to do to become more profitable
1Get out of the office Every great RainMaker will tell you that you must meet
with your current and potential clients of-ten either on their turf or on neutralground
2The old 8020 rule still applies Yes 80of your new work will probably come
from 20 of your current clients Do youknow which of your clients provide youwith the most work If you do how areyou building on that relationship We seetoo many firms and lawyers spendinggobs of time and money trying to attractan elusive new big client Your best tar-get for success is the client you alreadyknow and who already knows you
3Just say ldquoNordquo Being fearful of whereour next file will come from makes us
want to accept every possible bit of workthat might come in the door whether thework is profitable whether we have goodprospects for getting paid whether it is anarea of law in which we are comfortableor whether our time could be better spentattempting to land the work that we reallywant at rates that will help us to succeedIt seems to be the credo for many lawyersthat ldquoThey have never met a dollar theydidnrsquot likerdquo Instead ldquoFocus on the goodstuffrdquo as professional-business consultantDavid Maister would say
4Budget your time and money Typically alawyer works about 2500 hours each
year roughly split between 1400 billablehours and 1100 non-billable hours Thenon-billable time is broken into segmentsfor management associate training per-sonal education research and marketingWe suggest that every lawyer allows forabout 600 hours per year for marketingtheir practice with a marketing budget ofbetween 2 and 5 of their gross rev-enues The marketing should include ad-vertising website creation and mainte-nance marketing-skills training andclient promotion-among other things
5Get involved We have a moral duty togive back to our communities
Choose a charity community group po-litical organization or business associa-tion that you enjoy and is important toyou Many of these types of groups are
looking to add a lawyer or two to theirboards In addition to contributing to agreater common good you will also net-work with other successful business peo-ple
6Market internally Ensure that everyonein your firm knows all of the facets of
the work you are capable of handling theareas in which you are looking to expandand your availability to handle the workAsk your partners about possible cross-selling opportunities Since cross-selling isa two-way street look at your own clientlist for possible situations to offer yourpartners For younger lawyers internal
marketing is possibly the only marketingthat they can do as their peer group hasnot yet risen to positions or situationswhere they can direct legal files to theirfriends Every young lawyer should askthe more senior members of their firm forwork on a weekly basis A lot of work willtransfer down to them if they prove theycan handle it
ing fuel consumption and its environ-mental impact Inexpensive ndash An office can reap sav-
ings from e-Filing through reducedprinting costs as well as reducedcosts from delivering documents tothe registry particularly when fil-ing beyond the local registry There is a $7 e-Filing transaction
fee per filing package regardless ofwhere the document is filed A filingpackage is any number of documentsbeing e-Filed to the same court file atthe same time The transaction feeand any applicable statutory filing feesare paid online through a BC OnLine
deposit account or with a credit card With all of these positive reasons
to e-File why not give it a try Go on-line today to view a demonstration ofhow to e-File to an existing court fileor how to use e-File to start a newcourt file
15 ideas for improving your practice
BC Court E-Filing from Page 20
21Topics
Michael Anderson
HOW DO FIRMS USE ON-LINEVIDEO TO VIEW AN
EFFECTIVE USE OF THISMEDIUM VISIT TORYrsquoS
WWWTORYSCOMVIDEOCENTERPAGESDEFAULTASPX
SINCE CROSS-SELLING IS ATWO-WAY STREET LOOK ATYOUR OWN CLIENT LIST FOR
POSSIBLE SITUATIONS TOOFFER YOUR PARTNERS
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
7Go to school Many lawyers can benefitgreatly from marketing training or
personal coaching In the old days a se-nior partner would grab an associate bythe scruff of the neck drag them toclient lunches and warn them to just sitthere keep their mouth shut and learnAnd they did learn Similarly we needto develop ways to share the marketingskills that already reside within ourfirms especially for our youngermembers
8Create a ldquoDream Listrdquo In aperfect world who
would you have as clientsand what type of workwould they send you Onceyou have the list startstrategizing on how youcan get an introductionand what you would saywhen you finally meetthem Why should theyhire you What will set youapart from your competi-tion After all many clientsfeel that most lawyers arethe same ndash they point tolaw firm websites andbrochures where you willsee that most of them at-tempt to sell ldquoBetter Fasteramp Cheaperrdquo Differentiateyourself Innovate
9Research Do you trulyunderstand your clientsrsquo
core needs What issueskeep them awake at nightand what can you do tohelp them Use the Inter-net to gather informationabout your current and po-tential clients Use that datato customize your proposalto them This demonstratesan understanding of theirbusiness and a commitment tohelp them enhance it
10CRM Institute a Customer Relation-ship Management program that will
track who when how and what the nextsteps are in your marketing strategy A sim-ple and inexpensive option like MicrosoftOutlook or a more legal-specific option like
Amicus Attorney will get your started
11Write write and write some more Createa perception of expertise by writing
topical articles and getting them pub-lished in relevant print or online maga-zines newsletters and blogs
12Leverage your writing Create a mailingor even better an e-mailing list of
clients and potential clients and send
them copies of the articles that you writeThe goal is to have them say ldquoThis onesure seems to know their stuffrdquo Thenhave the article placed in a strategic loca-tion on your website so that visitors will
also see that you have expertise Take itone step further and create a seminarpresentation or speech using the article asthe basis Undertake each at the personalgroup or firm level ndash or all of the above
13Leverage your people How many timeshave we heard ldquoPush the work
down and free your time to do the moreimportant stuffrdquo Why do many of us still
resist that strategy Whether you are ina large firm with associates or a
sole practitioner with parale-gals use junior practitionersto a greater degree Usingleverage will make youmore profitable and freeyour time for more impor-tant things
14Web support Amongother things websites
are the brochures of the newmillennium Is your websitesupporting your marketingefforts or is it just a neces-sary expense The most ef-fective sites have a lot incommon they are builtfrom a clientrsquos point of viewthey are informative and ed-ucational they display yourexpertise they have person-ality they are well ldquotaggedrdquoto be picked up in Googletype searches and usevideos effectively
15 Discipline Sometimesour best intentions lack thediscipline to carry out whatwe know we need to doDevelop a strategy with atimetable to accomplish theplan Start with this check-list and add to it as youprogress along the road to
growing your practice Wehope that this will help you to
focus on the issues that are mostimportant for you and your firm go-
ing forward
Michael J Anderson is a principal in Inno-
vative Consulting Hersquos based in Vancouver and
can be reached at 6042724222 or at
andersoninnovativeconsultingca
Topics 22
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
SUMMER 2009
Editor Stephanie MarshManaging Editor Designer Peter Morgan
This issue is also available in PDF format atlthttpwwwbclmaorggt
Topics Archive amp Indexlthttpwwwbclmaorggt
Editorial copy 2009 BCLMA CANADA
Published by MORGANNewsletters 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 BC It is the BCLMA lsquos goal toprovide educational and networking opportunitiesto 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
NEWSLETTER SERVICES
TOPICS is a public newsletter We will be pleased toadd you to our mailing list for this newsletter Pleasecontact the Editorial Committee Chair or any mem-ber of the Editorial Committee listed on the left forcomments on any of these articles or to offer sugges-tions for articles in future issues or for adjustments tothe circulation list Comments are always welcome
REPRODUCTION RIGHTS
Topics is copyrighted however we encourage you tocirculate or copy this material unmodified for yourown internal or private use You may freely quoteany article or portion of article but it must be ac-companied by attribution Quoting any article orportion of article without attribution is prohibitedThe newsletter its contents or its material may notbe sold intact or modified nor included in anypackage or product offered for sale
EXECUTIVE Stephanie Marsh President
Fasken Martineau2900 550 Burrard StreetVancouver Canada V6C 0A3D 6046314767F 604-631-3232SMarshFaskencom
Jan Whyte Vice-President
Murphy Battista2020 650 West Georgia StreetVancouver BC V6B 4N7D 6046333811F 604-683-5084WhyteMurphyBattistacom
Gary Carter Director
Paine Edmonds LLP1100 510 Burrard StreetVancouver BC V6C 3A8P 6046831211F 604-681-5084GCarterPaine-Edmondscom
Cindy Hildebrandt Director
Richards Buell Sutton LLP700 ndash 401 West Georgia StreetVancouver BC V6B 5A1P 6046823664D 6046619267F 604-688-3830CHildebrandtrbsca
Evenna Liu Director
Oyen Wiggs Green amp Mutala LLP480 ndash 601 Cordova Street WVancouver BC V6B 1G1D 604-676-9074F 604-681-4081ELiuPatentablecom
Barb Marshall Director
Fasken Martineau2900 ndash 550 Burrard StreetVancouver BC V6C 0A3D 6046314991F 604-631-3232BMarshallFaskencom
Angela Zarowny Treasurer
Direct 6043510124azanddzShawca
Jane Kennedy Administrator amp Membership Services
BCLMA
PO Box 75562RPO Edgemont VillageNorth Vancouver V7R 4X1P 6049881221F 604-988-1221MembershipBCLMAorg
SUBSECTION LEADERS
Facilities amp Service ManagementJanice McAuley Co-Chair
Lawson Lundell LLP1600 ndash 925 West Georgia StreetVancouver Canada V6C 3L2D 604-631-9254F 604-669-1620JMcAuleyLawsonLundellcom
Lorraine Burchynsky Co-Chair
Boughton Law CorporationSuite 700 ndash 595 Burrard StreetVancouver Canada V7X 1S8D 6046474162P 6046876789F 604-683-5317LBurchynskyBoughtonca
FinanceSheila Tham Co-Chair
Watson Goepel Maledy LLP1700 ndash 1075 West Georgia StVancouver BC V6E 3C9P 6046881301F 604-688-8193SThamWGMlawcom
Linda Lucas Co-chairDavis LLP2800 Park Place 666 Burrard StVancouver BC V6C 2Z7D 6046436305F 604-687-1612E LLucasDavisca
Human ResourcesTina Giallonardo Chair
Miller Thomson LLP1800 840 Howe StVancouver BC V6Z 2M1P 6046872242F 604-643-1200TGiallonardoMillerThomsonc
Knowledge ManagementGreg Christensen Chair
Fasken Martineau2900ndash550 Burrard StreetVancouver Canada V6C 0A3D 6046314993F 604-631-3232GChristensenFaskencom
MarketingRecruiting
Small FirmsSharon Kwong Wah Chair
Young Anderson1616 ndash 808 Nelson StreetVancouver Canada V6Z 2H2 D 604-689-7400F 604-689-3444KWongWahLYAbcca
TrainersRuth-Ann Spencer Co-Chair
Bull Housser amp Tupper LLP 3000 1055 West Georgia Street Vancouver BC V6E 3R3 D 6046414921 F 604-646-2638 RASBHTcom
Lisa Dick Co-Chair
Fasken Martineau 2900ndash550 Burrard Street Vancouver V6C 0A3 P 6046313131 F 604-631-3232 LDickFaskencom
Technology Aaron Fahlman Co-Chair
Fasken Martineau2900 550 Burrard StreetVancouver Canada V6C 0A3D 6046314960F 604-631-3232AFahlmanFaskencom
Aaron Zuccolin Co-Chair
Watson Goepel Maledy LLP1700 ndash 1075 West Georgia StreetVancouver BC V6E 3C9 D 6046425661F 604-688-8193AZuccolinWGMlawcom
EDITORIAL COMMITTEE
Bob Waterman Chair
Richards Buell Sutton LLPD 6046619241F 604-688-3830BWatermanRBSca
Stephanie Marsh Editor
Fasken Martineau2900 550 Burrard StreetVancouver Canada V6C 0A3D 6046314767F 604-631-3232SMarshFaskencom
Mike BowerbankBurnabyMikeYahoocom
Lorraine BurchynskyBoughton Law CorporationSuite 700 ndash 595 Burrard StreetVancouver Canada V7X 1S8D 6046474162P 6046876789F 604-683-5317LBurchynskyBoughtonca
Paula ButlerBarrister amp Solicitor200 100 Park RoyalWest Vancouver BC V7T 1A2P 6047820373F 604-983-0372PButlerPaulaButlercom
Tim WurtzBaker Newby LLP9259 Main StChilliwack BC V2P 6K2P (1) 6047921376F (1) 604-792-8711TWurtzBakerNewbycom
BCLMA EXECUTIVE amp SECTION LEADERS
DENN
ISCO
X
BC Legal Management Association
mation sessions ensured there was some-thing for everyone
Leadership | Law Firm Succession Planning |
Electronic Document Management and Storage |
Extranets | Public Relations | Generational Di-
versity | Improved Written and Oral Communica-
tion Skills | Tchotchkes amp SWAG (Stuff We All
Get)| Legal Trends | Data Security | Profession-
al Conduct | Going Green | Effective Financial
Reports | Harassment Prevention and Correction |
E-mail Best Practices | Social Networks | Law
Firm Retreatshellip
The list goes on There were also sev-eral scheduled Ideas Exchanges based onthe size of our firms Each one had rele-vancy and cross-border appeal
BCLMA delegates gained terrific valuefrom the sessions and brought back sever-al new ideas to their firms
KEYNOTE SPEAKERSA roster of speakers delivered address-
es on leadership perception and motiva-tion including Ret Lt General Russel L Honoreacute the
commanding general of Joint Task ForceKatrina who helped restore order amidNew Orleans hurricane devastation andpaved the way for rebuilding the city
Billy Mills a Native American mem-ber of the Oglala Sioux tribe whosegold medal marathon in the 1964Tokyo Olympics is considered to bethe greatest upset in Olympic historyMills remains the only American everto win the 10000-meter run
Liz Murray now an inspirationalspeaker who grew up with two drug-addicted parents whom she begansupporting when she was just 10Homeless by 15 she completed highschool in just two years while living onthe streets attaining a full scholarshipto Harvard University
LUNCHEON FOOD FOR THOUGHTThe Association Luncheon was
packed with activity and announcements Current and incoming Executive
members were introduced Former President Dick Nigon received
the David W Brezina Memorial
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 5All that ALA jazz from Page 1
never heard of anyone asking to bring their child
in to nurse but that is not to say it doesnrsquot
happen
Hi this is Paula Discrimination onthe basis that a woman is breast-feed-ing is a form of sex discrimination un-der the BC Human Rights Code As a re-sult having a lsquono breastfeeding atworkrsquo rule can be considered sex discrimination
If an employee asks to breastfeed ababy at work the firm would have aduty to accommodate and the best op-tion is to try to reach a reasonable ac-commodation with that employee Isthere a private area where the babycould be breastfed Is there someoneother than the second receptionist whocould cover reception
The accommo-dation process is ashared responsibili-ty and the employ-ee needs to be in-volved in finding aworkable solution
There are casesof women who askto bring their babyto work to nurseand if this happensat your firm I rec-ommend that you obtain legal advicebefore answering the employee
Donrsquot forget to have a look at ournew You be the Judge case on page 4 fordiscussion in the next issue lsquoThe caseof Gillianrsquos referencersquo and let us knowyour response about how yoursquod han-dle it
Paula Butler
The Pregnant Receptionist from Page 4
Award for his outstanding service andcommitment to the ALA over the pastmany years
More than US$100000 was presentedto Smile Train the charity selected inhonour of the 10th anniversary of theALArsquos Community Challenge Week-end (The Weekend is a national eventin which 90 to 100 ALA chapters under-take a community service project intheir local areas) The Smile Train pro-ject provides children in developing na-tions with surgery to correct cleft lipsand palates The ALA donation repre-sents the largest ever received by thecharity from a single association orgroup
President Wendy Rice-Isaacs complet-ed her term passing the leadership ofthe association to Susan French KoranBefore doing so one of the two manag-ing partners with which Wendy worksattending from Columbus Ohio deliv-ered a speech of genuine respect laud-ing Wendyrsquos contributions to the firmand to the ALA over the past 17 years
Wendy has certainly played a signifi-cant role in developing the new relation-ship between the ALA and the BCLMA
Wendy with ALA executive mem-bers Dick Nigon Patti Groff and JohnMichalik helped arrange the first meet-ing to discuss the opportunities to worktogether Members of the currentBCLMA executive board welcomedWendy Patti John and Susan to Van-couver this past spring to continuebuilding the foundation of this impor-tant relationship We too appreciateWendyrsquos contributions
Susanrsquos first order of business as thenew president was to announce the ALArsquosrebranding As she presented the newbrand and explained the logic behind it acarefully planned launch occurred behindthe scenes
ALA members switched signage in theconference centre (TV monitors registrationdesk vendor hall carpet mats brochuresetc) updated the website and sent a broad-cast e-mail to all ALA members
As we exited the luncheon we eachreceived a new ALA brochure and a to-ken gift sporting the new logo This mas-
sive undertaking was impressive and byall appearances seamless
DIDDELY DIDDELY DOO BOP BOPNow for a look around The Get
Jazzed theme was prevalent throughoutthe program At the opening receptionon Sunday evening we all connectedwith each other and reconnected withour ALA CALA and TLOMA colleagueswhile Dr Jazz and the New Orleans Sounds
played traditional Dixieland jazz fol-lowed by Storming the Band touted theldquothe hottest and most versatile band inthe Southrdquo
After the opening several of us attend-ed a vendor reception on colourful Bour-bon Street All types of music flowed fromthe open doors and windows of bars andrestaurants while patrons tossed beadednecklaces from second-floor balconiesThe Encore Reception late Tuesday af-ternoon was titled Lagniappe a Cajunword meaning ldquoA little something extrardquo
Delegates visited more than 100 ven-dors in the exhibit hall placed bids at theSilent Auction enjoyed drinks and appe-tizers and encountered three differentgroups of entertaining musicians
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 6
French Quarter statutes of lsquoFatsrsquo Domino Al Hirt and Pete Fountain all musical legendsall came from New Orleans even as they helped define its music for millions
Like Vancouver New Orleans did away with its streetcar system as not being lsquomodernrsquoenough only to discover theyrsquore pretty practical and ought to be reconsidered
Maybe Bombardierrsquos showpiece during the Olympics will change Vancouverrsquos mindset
TLOM
APR
ESID
ENT
EDM
UND
REID
TLOM
APR
ESID
ENT
EDM
UND
REID
All that ALA jazz to Page 8
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Dependability Dedication ExperienceNo matter the discipline the demands
are the same
At Ricoh wersquove spent the last 70 years
honing our skills chiseling out the very
definition of what it means to be the best in
WORLD CLASS OFFICE SOLUTIONS
1888RICOH 1ST bull ricohchampionsca
multifunction systems bull colour bull high volume bull fax machines bull printers bull scanners
What it takes to be a
CHAMPION
Mult i funct ion Colour
High Volume Printers
Scanners Fax Machines
copy2007 Ricoh Canada Inc
The NrsquoAwlins Po Boys created authenticand lively Southern sounds with featuredfiddle and soundbox The Gumbo Trio
with their banjo horn and stand-up bassplayed Dixieland and Jay-Ray amp Gee ana capella group of New Orleans streetsingers from the French Quarter famousfor doo-wop strolled throughout the halldeftly putting the bop in the bop shoobop shoo bop for all of us
On Wednesday night we attended theFinale Party the theme Masquerade Wear-ing painted or feathered masks we boardedshuttle buses to Mardi Gras World anevent location filled with hundreds of sculp-tures giant figurines and parade floats
Rockinrsquo Dopsie Jr amp the Zydeco Twisters
got the crowd dancing with their uniquebrand of music Zydeco is a sort of melod-ic gumbo concocted from CajunAcadianmusic Afro-Caribbean rhythms andmelodies and blues In another area The
Jamil Sharif Quintet played smo-o-o-othjazz Indigenous music played every-where both inside and outside of the con-ference centre the entire week
THE CITY STILL RECOVERING THRIVESWhile some outer districts still show
evidence of Hurricane Katrina New Or-leans proper is beautiful and thrivingThe French Quarter is exquisite
Tall doors and shutters accent hotel andstore fronts Wrought-iron railings support-ing hanging baskets bulging with ferns andflowers trim second and third floor bal-conies Lush palms fill narrow courtyardsnestled between brick buildings Gas-fedlanterns still light many streets
Some delegates arrived a day or twobefore the conference or stayed on a fewdays after to enjoy some of the manyguided tours to plantations swamp landsor through the city itself
GREAT EVENT
We applaud our colleagues south ofthe border on the success for their 38thannual conference
Be sure to mark your calendar forBCLMArsquos own conference Oct 21ndash232010 in Vancouver BC
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 8
CONVEYMASTER
Ask us about our bull $25 pay-per-conveyance bull plan
Tel (800) 667-0332 or (604) 685-1078Fax (604) 685-9370
Go with the best Home Page wwwsaicaGo with ConveyMaster Email infosaica
Conveyancing SoftwareNew EFS Module
FUTURE ALA CONFERENCES
2010 May 3 ndash 6 | Boston Massachusetts2011 May 23 ndash 26 | Orlando Florida2012 April 23 ndash 26 | Honolulu Hawaii2013 April 15 ndash 18 | National Harbor Maryland (Washington DC area)
All that ALA Jazz from Page 6
The BCLMA hosted a sold-out event atStanley Parkrsquos Fish House and nearby
Pitch lsquonrsquo Putt on June 18More than 40 people golfed nine holes
beneath the late afternoon sun Theythen joined the more than 30 diners atthe restaurant for another successful sum-mer event
Mills Basics and ZSA were the gener-ous sponsors Brad Mills and Chad Ege-land of Mills Basics and Elizabeth Borrilland Dragana Milisic of ZSA were in attendance
HIGHLIGHTSPenny Harvie announced her upcom-
ing retirement from Fasken Martineauafter 22 years at the firm Penny will stayon at the firm until the end of July atwhich point she will enjoy the summerand consider her next life chapter
Another highlight included welcomingJohn Hawke back to the BCLMA after atwo-and-a-half year sojourn to work at anengineering firm John has taken on therole of Chief Operating Officer at LangMichener
PRIZE WINNERS GALORE Brad Mills (Mills Basics) Ernie Gau-
vreau (Gowlings) Donna Oseen(Alumni) and Ken Brennan (Gowl-ings) who posted the Best Team Scoreof 142
Sam Mann of Singleton Urquhartposted the Best Individual Score ofjust 28 and Agustino doSouto ofHarper Grey handed in the MostHonest Score (We agreed not to pub-lish the actual score)
Event sponsors and other vendors pro-vided door prizes
John Hawke (Lang Michener) won apersonal shredder courtesy of MillsBasics Carina Bittel (Clark Wilson)won a bottle of champagne courtesy ofZSA and
Roy Boal (Blakes) and Shirley Mad-
den (firm) each won gift certificates toMarquis Wine Cellars
BCLMA DOOR PRIZE WINNERSAs with every one of our social events
the BCLMA provides door prizes Herersquoswho won Cineplex Odeon Theatres ndash Penny
Harvie (Fasken Martineau) Starbucks ndash Raf Sansalone (BLG)
Julie Wong (firm) iTunes ndash Robbin Myers (firm) Cactus Club ndash Dave Bilinsky (Law So-
ciety) LCBO ndash Agustino doSouto (Harper
Grey) The Bay ndash Sarah Glazzard (Lang
Michener)
ANOTHER GREAT EVENTThank you to everyone who attended
this fun event Your participation makesour events continually successful
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
MAKING THE MOVEShellip
WELCOME NEW AFFILIATES
Kristie Hedges Alexander Holburn Beaudin amp Lang LLP Human Re-sourceshellip Karen Jenkins Stikeman Elliott LLP Technologyhellip Dan
Phung Stikeman Elliott LLP Technologyhellip Tammy Marchinkow PaineEdmonds LLP Finance
WELCOME NEW REPRESENTATIVES
John Hawke has returned to the BCLMA and has joined Lang Michener asChief Operating Officerhellip Andrea Pantages is the new Administrator at
Mandell Pinderhellip Jessica Melson is the Assistant Office Managerat Hartshorne amp Mehl
In accordance with our bylaws firms are the BCLMArsquos Members Representatives were
formerly known as Full Members Affiliates were formerly known as Subsection MembersThe
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
BCLMA SUMMER EVENT
40 golf and 70 dine at successful sold-out sensation of our June social at the Stanley Park Fish House
Penny Harvie to retire
Topics 9
By Court Services Branch Staff BC Ministry of the Attorney General
Over recent years wersquove seen an in-crease in online options in every-
thing from online shopping to e-filing ourincome taxes Chances are most of ushave used these types of services
Increased environmental conscious-ness pressures to be more efficient andexpectations for anytime-anywhere accessmean that online interactions are increas-ingly demanded and offered It is in thisspirit that Court Services Online (CSO) wasdeveloped and within that e-Filing forcivil court documents
CSO e-File service allows you to sub-mit electronic court documents in civilactions to Supreme Court and ProvincialCourt registries
British Columbia is the first provincein Canada to introduce a comprehensivee-Filing system that includes an e-Filingservice and the storage and maintenanceof court files in an electronic formatCSO e-Filing helps law firms meet theirdynamic needs
Today CSO e-Filing is available in all43 court locations Moe than 65000Supreme Court civil and ProvincialCourt small-claims documents have al-ready been e-Filed (See Resources box)
Why e-File your court documents Itrsquoseasy efficient environmentally responsi-ble and inexpensive Easy ndash E-Filing can take less than three
minutes to complete To begin youwill need a CSO account (See Resources
box) and software to convert your doc-uments to Adobe Portable DocumentFormat (PDF) All document preparation for e-Filing
is done off-line You can prepare yourdocuments using existing templates orprecedents in any word-processing for-mat and then just convert the documentsto PDF for filing There is no need for anelectronic signature or other digital cre-
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 10ELECTRONIC FILING PASSES 65000 DOCUMENTS
BC court filings increasingly electronic for all major types of BCSupreme Court and Provincial court cases except criminal
T he CSO system is the only method of filing
documents electronically in the BC court
system and itrsquos only in BC at that But there
are other jurisdictions that have a similar sys-
tem and one in particular the US PACER
system is well ahead of ours both in extent of
court coverage and user costs
We particularly thank the CSO office for
providing the accompanying article at our re-
quest but we also let them know we were in-
terested in how BCrsquos system stacks up and
with thier article in hand we asked some
questions
They told us for instance that the growth
of e-Filing in BC has continued steadily since
it was first set up as a pilot project in October
2005 with just one court location Province-
wide e-filing became available on December 1
2008 ldquoand at present there is approximately
an 8 uptake raterdquo
We also were curious about the fact that the
CSO system doesnrsquot include criminal case fil-
ings The response there are ldquono formal plans
at this time to provide access to Supreme Court
Criminal information but it could potentially
be available in the futurerdquo
The CSO is BC-only so we asked if it was
going to be incorporated into a national system
They replied ldquoThere are no formal plans to in-
tegrate the BC system into a Canada-wide sys-
tem however several provinces have shown an
interest in the systems that BC has developedrdquo
The system is in two parts input and out-
put Law firms for instance can file electronic
documents through accounts and there is a price
structure for doing so The public has free ac-
cess to a search engine and the results produced
by the search but retrieving and downloading a
document or documents from a particular
court case linked to the index costs $6 instead
of the $8 charge if a person went to a court reg-
istry and asked for a file to be pulled for view-
ing within the registry itself physical photo-
copying is extra
We asked CSO about the rationale for its
costs The reply ldquoThe BC CSO service costs are
generally calibrated to make it a user-pay service
which is funded by its use and does not impose a
burden on taxpayers by making it a subsidized
servicerdquo
In the US PACER an acronym for Public
Access to Court Electronic Records is an elec-
tronic public access service of United States fed-
eral court documents
It covers civil criminal bankruptcy and
appellate cases that are federal and itrsquos the
output side of the American system PACER is
managed by the Administrative Office of the
United States Courts It allows the public to
obtain case and docket information from the
United States district courts United States
courts of appeals and United States
bankruptcy courts
Each court maintains its own system a
small subset of information from each case is
transferred each night to the US PartyCase
Index located in Texas at the PACER Service
Center in San Antonio
Records are submitted to the individual
courts using the Federal Judiciaryrsquos Case
Management Electronic Case Files (CM
ECF) system which is the input side and has
its own cost structure It accepts the filing of
documents in PDF through the electronic filing
system of each court which maintains its own
databases with case information The index
provides the necessary links to the actual docu-
ments stored in each court
Access to all PACER dockets is available by
registering at its site
lthttppacerpscuscourtsgovgt and the
download cost is eight cents per page with a
US$240 cap per case session with payment
usually quarterly by credit card for those with
non-American addresses
Those with American addresses can get free
access via
lthttpwwwfreecourtdocketscomgt
How does the cost and range compare
BC Court E-Filing to Page 20
By John Clerides
Part of my job de-scription includes
meeting people at so-cial gatherings orbusiness eventsWhen the conversa-tion turns to whatone does for a livingwe inevitably end uptalking about wine
Most people Ispeak with have little understanding abouthow wine is sold imported or priced inBritish Columbia while ironically theyare acutely aware of the low prices forwine in the United States and Europe
When I begin to explain how our sys-tem works people often shake their headsin disbelief So let us spread this cheer byexploring the inner workings of theBritish Columbia Liquor DistributionBranch (BCLDB) and how a wine ispriced
The method used to price wine iscalled an ad valorem tax What does thismean
One source ndash Investopediacom ndash de-fines it as A tax based on the assessed value of
real estate or personal property Ad valoremtaxes can be property tax or even duty on import-
ed items Property ad valorem taxes are the
major source of revenue for state and municipal
governments
The ad valorem tax that the BCLDB usesto assess wine is 117 on the first $751of landed cost Everything thereafter istaxed at 55
Letrsquos take a wine from France with anexport price of euro3 a bottle or euro36 a caseBased on a euro160 exchange rate betweenEuros and Canadian dollars the Canadi-an equivalent value is $5760 a case or$480 a bottle
Now the fun starts An importer factors in shipping tran-
sit insurance storage insurancewarehouse charges administra-tion storage itself (usually sixmonths) the picking sur-charge delivery to theBCLDB locations fuelsurcharges (thereare two of thoseone when the wineis initially shippedand received inBC and onewhen itrsquos movedto the BCLDBrsquoswarehouse) han-dling and any spe-cial labelling
These costs usu-ally add up about$15 or $20 a caseDepending on thenumber of cases im-ported the higher thequantity the lower theshipping charges Now addon the importerrsquos profitwhich varies but usually is be-tween 10 and 20 of the ex-port price
If the importer sells a wealth ofcases they can work on less margin andmake it up in volume If it is a limitedproduction winewith good reviewsand scores theywill try to eke out abit more All ofthese costs are fac-tored in before the117 BCLDBmarkup
So take theinitial export priceof the case ofwine $5780 Addin $20 a case forshipping and othercosts plus 20 profitfor the importer Thecase of wine lands inBritish Columbia at $8910or $742 a bottle
Now the BCLDB applies itsmarkup That
$480-bottle of wine which left Francewill now retail in BC for somewhere
$23 and $26And wersquore not factoring in
currency fluctuation TheBCLDB rules are such thatif an importer applies fora listing at one retail
price and then theEuro increases by 30eight weeks later theimporter is obliged toadhere to their initialretail price
Therersquos more TheBCLDB has specificdays you can apply forprice changes If animporter has to re-pricea wine so they do not
lose any money theymay have to wait a month incurring ad-ditional storage charges It can also workthe other way too but this rarely
happens While a large percentage of the
price you pay for wine goes intotaxes and logistics it does not take
away from the care that goesinto wine on the front end
Carefully managing the landallows the soil to become
alive reducing the size ofthe harvest harvestingvineyards by handmanaging leaf growthcarefully handling vini-fication and agingpractices precisely
All these take yearsto master and all con-tribute to the qualityand enjoyment of awine Sometimes youdo get what you pay for
John Clerides is the owner
and President of Marquis Wine
Cellars John travels extensively
through the wine regions of Italy
France California Washington State
Oregon and Australia Visit his shop at 1034
Davie Street Vancouver or his website
lthttpwwwMarquis-Winescomgt
TopicsTHE BUCK STOPS WITH YOU
Why the price of winemakes you want towail and whine
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorgr S
John Clerides
JAY PATEL ARTIST
11
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
erwise not be sharedWhen you are in a relaxed state the
neo ndash cortex (the subconscious area ofyour brain) is more likely to become acti-vated This is your resource centre aplace where you can really tap into thethings that make you happy and thusbring tools that can help you remain fo-cused establish new goals and findstrength to change situations that arehonestly not working for you
Now bring the Change Management For-
mula components into this concept whenyour relaxed resourceful and reflectivemindset has had a chance to communi-cate with your logical strivedrive dailyndash performance mindset about a positivechange or goal for you to achieve it islikely that your resistance to changewhich may have spent the better part ofthe past year as the dominating factor ina part of your daily duties or desires is
now less powerful than your dissatisfac-tion + vision for what potential you canreach
It is helpful to know that fear drivesthe resistance to change whereas theendless and ominous power the subcon-scious mind provides when it comes tohuman achievement drives vision It istypical that the subconscious mind over-comes conscious fears getting to the re-sourceful state to do so is the key
Pay attention to this seasonrsquos externalforces the ones that spark your internalforces that motivate you to try somethingnew Your desire for change fuelled byyour subconscious desires has overcomethe fear thatrsquos a regular and natural pre-cursor to change
The ability of the subconscious mindto communicate ndash that is the change fac-tor that is different That is why this issuch a powerful time and why it is so im-portant to concurrently incorporate the
last component of the Change Management
Formula taking the first steps towardschange It will give you a good push tostart you swinging towards your personaland professional goals
Herersquos an exercise Letrsquos take that firststep together in the form of experiencingan amazing example of awareness accep-tance dedication and success through thefollowing story
An artist was standing proudly by hisdisplay sculpture at the Art Gallery open-ing Its colour was the traditional gun-metal it was shiny with glistening hints ofbronze and onyx-like shades throughoutthe massive winding tree-like structure
As the crowds gathered he launchedinto an introduction of the piece confess-ing that he had salvaged a gargantuanpiece of metal and intended to bring itinto its existence as a beautiful art sculp-ture The audience was captivated by the
Goalsetting 101 from Page 1
Goalsetting 101 to Page 13
Smile amp Link
SMILE
One of the new features of our redesigned
website includes the ability to post individual
profile photos next to each personrsquos 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
membershipbclmaorg
Thank you for your co-operation
LINK
BCLMA is LinkedIn
The BCLMA is now a group on the popu-
lar business-social website LinkedIncom
which can extend your existing network of trust-
ed contacts
Add the Group and enhance your profes-
sional profile
Topics 12
artistrsquos voice ndash full of wonder and fantasyndash as he continued with the evolution ofthe sculpture
Several months into the creation heexplained he thought the piece was ru-ined and worthless He had discovered adeep ugly flaw along what was intendedto be the most visible line of the intendedfigure
At first it seemed to be a small obsta-cle but as the weeks and months wentby the artist was unable to camouflagethe flaw In fact it seemed to enlarge be-coming more noticeable No matter whattechnique he used the roughness of theflaw could not be tamed not even by themost powerful commercial ndash grade steelsaw the trusted companion in all of hiscreations
For the next several years the artiststruggled with how to work with the chal-lenge He returned to face the piece from
time to time viewing its physical imagefrom different vantage points in proximi-ty and height in differing lights butcould not find a way to resolve the issue
He had loved the piece for so long de-spite its shortcoming it was a truly spec-tacular figure from all but one angle Hewould touch it dust it work on an areaaway from the flaw but no matter whathe did it eventually became obvious to theartist that this flaw would keep the piecefrom being accepted at commercial gradeby his customers and the art industry
If he were to leave the flaw as is itwould have to be displayed in a privateplace for his external reputation could beharmed if it were publicized that he waswilling to live amongst lsquosecondsrsquo with thesame attitude and charisma that he exud-ed with his lsquoperfectrsquo pieces He was fear-ful of taking a risk that might end his ca-reer
So the artist resolved that the only op-
tion was to abandon the piece to createmore room in his studio He decided toforget it in order to focus his creative re-sources on a more fruitful project
Surprisingly moments after arrivingat this raw emotional state somethingcame over him that refused to allow himto abandon the project The decision hadbeen made in his conscious state andonce his conscious mind released its holdhe found himself for the first time lookingat the real problem ndash which wasnrsquot theflaw
He stopped approaching the problemwith his business senses his logicalthought processes to do with the adviceon use of his time analysis of the productrsquos eventual profitability and hisreputation amongst stakeholders in hisartistry
Instead he approached the problemwith a tool he possessed that was morepowerful than his business brain more
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 13
SAVE THESE DATESMark your calendar with these upcoming
events and important dates
Wednesday Sept 23 2009
BCLMA ndash ALA ndash TLOMA Breakfast
webinar lsquoEvolve to Solversquo Presented by Gary
Mitchell (Vancouver) and Catherine Mitchell
(Toronto) of GEM Communications
Fri-Sat Oct 2-3 2009
ALA Region 5 Conference Fairmont Banff
Springs Banff Alberta Canada
Wednesday Oct 7 2009
BCLMArsquos First-Ever Leadership Series
lsquoLeadership amp Balancersquo Presented by
Joanne Ward BComm BEd MA CCC
Thur-Sat Oct 21-23 2010
BCLMA Educational Conference Vancou-
ver Contact Jane Kennedy at Membership ad-
dress below to join the Conference Planning
Committee
Goalsetting 101 from Page 12
powerful than his electricsaw His emotional brain +his heart became the en-gine and fuel behind the so-lution the solution that wasin sync with who he was acreator a transformational-ist a builder
With the voice of a wiz-ard the artist shared withthe rapt crowd around himwhat the audience hadbeen waiting for what hadbrought the seemingly bro-ken hopeless unattractiveand invaluable piece to thegrandure the people wit-nessed today
The first component ofthe plan that emerged fromhis subconscious state com-
mitment He truly did notwant to abandon the struc-ture despite its lack of com-mercial value He foundhimself committing to thefollowing familiar proce-dures that worked for himin the past (1) Hard physical work (2) Exhausting mental work as he focused
his attention on small progressivesteps
(3) Time a lot of time more time than hehad previously been willing to devoteand
(4) Various tools in addition to theallndashpowerful electric saw The second component patience In-
stead of brutally amputating the trou-bling piece he used the saw ndash but in amuch more gentle patient manner in or-der to shave thin layer after layer off thedamaged surface
The third and perhaps most importantcomponents in bringing about the changewere combined in attitude and respect In-stead of resenting the flaw he created anecological space for his creativity to flow asit did with other pieces that appeared lsquoper-fectrsquo He let go of the stressors ndash makingmoney and personal gain ndash to honour theinternal reasons for this project
The hours he spent polishing the vi-
able edge material flew by Ingenuitybloomed as it dawned on him he coulduse a resource he had never tried beforein his sculptures a chemical elixir to dis-solve the edges where neither the power-ful saw nor the gentle buffer could pro-duce the desired result
Success the flaw smoothed away theintegrity of the piece maintainedThrough all of the alternative processesthe artist achieved his goal bringing thepiece to a level of public acceptance andhigh market-value but that itrsquos mostvaluable to him personally and profes-sionally Thatrsquos when he said the piecewas not for sale
Everyone in the audience smiled anddrew their gaze up to the top of the struc-ture They had in that 10 minutes madethe journey from the raw troubled begin-nings to the place of a polished visionThey had during that short time livedwith the artist through his accomplish-ments in reaching the potential of the man
and the object on this seem-ingly dead-end situation
POINTS TO PONDER ndash FLEX THOSE SUBCONSCIOUSMUSCLES
If you stood with thegroup at the foot of the stat-ue without the introductionfrom the sculptor you wouldnever have known it wasoriginally rejected by its cre-ators ndash nature metal makersand the artist ndash and was onits way to becoming a worth-less object ignored by thepowers that controlled theenvironment where it trulybelonged and shone
Notice through yourjourney with this passionateartist that you are now in aresourceful state of appreci-ation for the importance ofawareness acceptance nur-ture and transformation
Is it possible for us toknow the worth of ourselvesor another without spendingsome time to become gen-
uinely acquainted with the 360 degree in-ternal and external view ndash with what wecan and cannot see Are you willing torisk answering ldquoyesrdquo to this question andnot take a deeper or more resourcefullook at yourself or others
Send me an e-mail let me know whatyou decide
Jan Whyte is a Certified Professional Coach
as well as General Manager and Administrator
of Murphy Battista Barristers in Vancouver
She can be reached at
ltWhyteMurphyBattistacomgt
She has spent 26 years working in litigation
firms in Vancouver In addition to her adminis-
trative role at Murphy Battista she consults with
staff and lawyers on various components of life in
law firms including recruitment worklife bal-
ance team dynamics such as leadership or con-
flict resolution and enhancing individual and
group performance Jan is an active Board Mem-
ber and the President-Elect of the BC Legal
Management Association
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
14Topics
SEBA
STIA
NKA
ULIT
ZKI
ARTI
ST
By Mike Bowerbank
In the olden days ndash you know way backwhen Windows 95 was new and crash-
ing computers ndash your social network con-sisted of friends you hung out with andtalked to in person
Face to face Can you believe thatIn 1995 the first large social
networking site sprang upClassmatescom gave people anew way to relive those awk-ward high-school moments It
also enabled visitors to see if thecaptain of the rugby team still had hairand his own teeth
It was more of a way to capitalize onnostalgia with a specific group of peopleso one could argue about just how muchof a social network it really was
The first of what we associate with so-cial-networking sites today was launchedin 2000 Friendstercom grew quickly andbecame so popular that it spawned sever-al copycat sites including MySpace (2003)and Facebook (2004) both of which havesurged ahead of Friendster in popularity
All of these sites allow you to post aprofile that includes all of your personaland contact information show off pic-tures of your kids and make the entireonline world aware of your happeningsSuch sites quickly became the way to stayin touch with people without ever havingto you know actually see them or talk tothem
The great thing about these sites is theease with which we can keep in touch
with people despite our time-crunched lives Rather thanphone or meet with the peoplein your life you can simplyupdate your page with yourlatest news and pictures so
that everyone can see them at onceYou can also play games take quizzesand interact with people from all over theworld
Some businesses are using social-net-
working sites tobuild their brandimage and tomaintain contactwith like-mindedcompanies andclients
One site in par-ticular LinkedIn isgeared specificallyfor professionalsand entrepreneurs and now boasts morethan 36 million members in 200 countries
GONE PHISHINGThere is a problem prevalent on e-
mail known commonly as lsquophishingrsquo
Phishing occurs when a fraudulent mes-sage urges you to visit an internet link toverify passwords account information orother personal or private details
Your participation provides crookswith access to your bank accounts for in-stance which they promptly empty
Other thieves donrsquot need to phish bye-mail thanks to social networking Mostpeoplesrsquo passwords for their logins orbank accounts are the names of their kidsor pets PIN numbers are often signifi-cant dates such as birthdays and anniver-saries If that type of information is post-ed on your Facebook page it is literally avirtual bonanza for thieves
Social networking sitesalso seem to appeal to sexu-al predators so keep an eyeon your children as theyuse these types of sites
According to Wikipediathere are now over 200 so-
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
15NOT-SO-SOCIAL NETWORKING
When I was a kid we had Windows 95and we talked to people ndash and we liked it
Topics
zsaca I 1-877-681-0706
Elizabeth Borrill I eborrill zsaca
in change
Wersquore yourpartner
Mike Bowerbank
cial-networking sites online and manypeople are on more than one
FACE TO FACEBOOKFacebook has become the most popu-
lar social-networking application Morethan 200-million users take quizzes up-load pictures contact long-lost friendsand post status updates letting peopleknow what theyrsquore doing from day today
Prospective employersalso use Facebook to look upapplicants Remember thatcandidate who was dressedto impress in your office dur-ing the interview andseemed so eloquent Thatrsquosthe same guy whose Face-book profile photo showshim passed out on the street wearing atutu with a status update that reads Party
Naked
Personal-injury lawyers use Facebookto disprove disability claims One case in-volved a person on leavefrom work because theyclaimed they were toosore to use a computerBy logging onto Face-book opposing lawyerswere able to dispute theclaim by demonstratinghow the injured personused computers regularlyto update their Facebook page Policehave used both MySpace and Facebookto check for probation violations andweapons being brandished in public
If you think your profile is only opento other Facebook users think again OnJune 12th Facebook enabled your profilepage to be viewed as a web page Theformat is wwwfacebookcomusernameand you no longer need a Facebook ac-count to view a memberrsquos profile page
TWITTER TWEETS AND TWITSJust when you thought Facebook had
taken things far enough into the ldquotoomuch informationrdquo realm along came anapplication that is the new killer appTwitter is basically a bare-bones text-based social application made with cell
phones and Blackberries in mind Youbroadcast short messages (140 charactersmaximum) known as tweets to yourworld
Twitter has become the third most-popular social-networking applicationbehind Facebook and MySpace respectively
Twitter like all social applications hassome good practical uses For examplein this recent election in Iran Twitter be-
came the organizing tool of choice for thepro-reformist camp using it to makeprotest arrangements and send globalmessages slipping these past censors(The Iranian government promptly re-
sponded by blocking Twitter and Face-book in the country showing the vulner-ability of both mediums)
While the horrific scene unfoldedduring the 2008 Mumbai attacks in In-dia an estimated 80 tweets were sent ev-ery five seconds People on the scene ofthis terrorist bombing and shooting usedtheir tweets to help compile a list of ca-sualties and to broadcast the location ofhospitals that needed blood donations
In the legal world Twitter allowslawyers in court to provide minute-by-minute information to other lawyers backat the firm This enables assisting lawyers toprepare appropriate materials as needed
With those notable exceptions ac-knowledged one canrsquot help but comparethe pragmatic uses to the vast majority of
Twitter users who consider standing inline at Tim Hortonrsquos post-worthy or thatthere is a terrible smell coming from theirfridge Twitter is used mostly as a narcis-sistic tool so that the world can know ofyour daily happenings ndash sort of a way tobe the star of your own reality show
LIKE OMGSocial networking can be fun and
useful if used sparingly and casually In-stead of getting out andmeeting each other peopleare using social networkingsites to look for love com-panionship and even extra-marital affairs And theysay romance is dead
If you joined Facebookjust to see what your kids
are up to be forewarned that you mightactually find out and wish you hadnrsquot
Donrsquot spy on your kids talk to themYou know with actual spoken words likethey used to do way back in the 20th
CenturyWhen your com-
puter screen becomesyour main window tothe world and literallybecomes your sociallife you might be ad-dicted Such an addic-tion is as serious as-andno easier to overcome
than-other addictions like gambling As the world becomes increasingly
connected it seems that people in societybecome increasingly isolated socially Itrsquosthe paradox of modern communicationand contributes to a large part of the rea-son why Generation Yndash the Millennials ndashusually excels at technology but generallylacks in social skills
If this trend continues and more peo-ple live online good social skills may endup as extinct as the 525rdquo floppy driveand the game Pong
I know Irsquom writing some things towhich online addicts may object but Idonrsquot expect to hear from them aboutit
They only read things that are 140characters or less OMG LOL
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 16
PHILI
PBA
RKER
ART
IST
When the Vancouver OrganizingCommittee for the 2010 Olympic
and Paralympic Winter Games (VANOC)sets up its on-the-ground operations inearnest this fall and winter itrsquoll be mak-ing room in a downtown Vancouver ho-tel in early February for a special Gamesdivision of the Court of Arbitration forSport (CAS) supervised by a city lawyerwho is well-known in the Olympicsmovement
The International Council of Arbitra-tion for Sport (ICAS) which is based inLausanne Switzerland is the fund-rais-ing and administrative body that tookover from the International OlympicCommittee as the Courtrsquos supervisory organization
The IOC launched the court in 1984to settle disputes amongst its sports feder-ations but within its first decade theIOC became increasingly criticized forthe strength of its influence over thecourt The ICAS was formed in the mid-1990s to create independence and an ad-ministrative structure for the courtrsquos in-creasing activities
Three permanent courts exist ndash Lau-sanne Switzerland (where the IOC isalso headquartered) New York and Syd-ney Australia But the ICAS also estab-lishes ad hoc courts such as the one forthe 2010 Games as needed The CASuses about 300 arbitrators from 87 coun-tries and handles about 200 cases a year
The CAS for the Olympic portion ofthe 2010 Winter Games will include ninelawyers acting as arbitrators to operatein the Renaissance Vancouver HotelHarbourside at 1133 West HastingsStreet from February 2 10 days beforethe start of the Games to February 28the day of the Olympic Closing Ceremo-ny
The Renaissance is one of three bigdowntown Vancouver hotels ndash includingthe Bayshore and the Pinnacle a corpo-rate sister of the Renaissance that is locat-
ed right across West Hastings street aswell as the Vancouver Club ndash thatVANOC is taking over completely duringthe Olympic portion of the Games sothey can be used by the IOC and its re-lated organizations
On March 26 the ICAS formally ap-pointed Tricia Smith ndash Vancouverlawyer and partner of Barnes Craig ampAssociates ndash as its liaison officer withVANOC In this role Smith will carry re-sponsibility for the relationship and com-munication between ICAS CAS andVANOC between now and when theOlympic portion of the Games wraps upin early March
Smithrsquos legal experience communityinvolvement and sports backgroundmake her an excellent candidate for thisrole
Although her law practice focuses onmanaging claims for liability insurers andproviding risk-management consultingshe is also a sports arbitrator with anabiding interest in the Olympics
Smith has been a member of the ICASsince 2001 She was unsuccessful in aclosely fought contest with Marcel AubutQC OC a Quebec City-based lawyerwith Heenan Blaikie in a bid this pastspring to replace the Canadian OlympicCommitteersquos (COC) current presidentMichael Chambers when his term endsafter the 2010 Games she will remain onthe COCrsquos Executive Committee as theorganizationrsquos vice president workingfirst with Chambers later with Aubut
Smith is also a four-time Olympianand medallist in rowing the founder andpast president of Olympians BC and vicepresident of its parent organizationOlympians Canada
Smith remains a member of the Exec-utive Committee of the InternationalFederation of Rowing Associationswhich is also headquartered in Lausanneand chairs its Womenrsquos Rowing Cross-Commission
She is also a former member of theBoard of 2010 Legacies Now which wasoriginally formed by the BC govern-ment to be the armrsquos-length implementerof several major social goals of the gov-ernment connected with the Games
Although 2010 Legacies Now contin-ues to work on those goals with the helpof various companies connected to the2010 Winter Games and others and al-though it receives the majority of its fund-ing from Victoria it is now a fully inde-pendent society
The CAS usually involves panels ofthree arbitrators each and they deal witha wide range of issues involving the intri-cacies of relationships between the nu-merous international sports federationsthat the IOC supports through fundsgenerated by sponsorships and Olympicgames and it often deals as well with ap-peals from decisions by the federationsthat affect their athletes
Its work in the controversial field ofanti-doping gives the CAS its highest visi-bility For example just this past June itworked out the appropriate suspension ofGerman ice-hockey player FlorianBusch who made the mistake last De-cember of refusing to provide a urinesample when a doping-control officerknocked on his apartment door a sur-prise test is a known and standard part ofthe International Ice Hockey Federa-tionrsquos procedures for out-of-competitiontesting
Though he took the test a couple ofhours later and it was negative forbanned substances it was too late Therewas a plethora of subsequent legal argu-
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 17BAIRNES CRAIGrsquoS TRICIA SMITH TO SUPERVISE
A sophisticated new court will be set up indowntown Vancouver for the 2010 Games
ments and appeals from various bodiesabout which one should sanction himand for how long
The CAS sorted through the compet-ing claims and ruled that he would re-ceive a two-year suspension effectivelypreventing him from competing in the2010 Games
Perhaps one of its most famous caseswas a decision to uphold a life-time banon taking part in Olympic winter gamesimposed by the IOC against three of fourmembers of the Austrian Nordic skiingteam attending the Torino Italy WinterOlympics in 2006 for allegedly sharingldquocomplicity to violate anti-doping rulesrdquo
Eventually the CAS court commuteda similar ban to the fourth member of theteam to a four-year suspension ndash it endsjust after the 2010 Games ndash after review-ing his lesser role in the affair
When the Olympic Games are under-way the Athlete Villages in Vancouverand Whistler and any separate apart-ments used by Olympic athletes theirteam coaches and related officials have akind of diplomatic separation from thecriminal laws of the host country when itinvolves things such as drugs where con-victions in some countries carry thedeath penalty The IOC as part of itsthicket of legal agreements with hostcountries obtains the authority to lookafter anti-doping cases on its own termsduring the Games The deal usually in-volves the local police going in with IOCinvestigators each with their own juris-diction
The cases can be deadly serious Theanti-doping case that involved the CASstemmed from a joint IOC-Italian policeraid on the rooms of the Austrianbiathlon and cross-country squads onFebruary 18 2006 in the teamrsquos privatequarters in the Italian Alps while theTorino Games were underway
The IOC later reported that 80 medi-cal devices including advanced medicalequipment were found in the apartmentalong with used syringes blood bagsblood-transfusion equipment and evenbloody handkerchiefs
In 2010rsquos case once the Games arefinished the CAS court goes too
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 18FIRM LEADERSHIP THROUGH UNCERTAIN TIMES
Leading your firm through the difficultdilemma of terminations or layoffsBy Tim Wurtz Administrator Baker Newby LLP
Our profession and the world at largebuzzes with the employment impli-
cations of our general economic slow-down Whether you face small adjust-ments to your work force or a larger scalelayoff to control that salary expense lineitem leadership before during and afterany termination plays a central role inhow your firm will weather any fallout asa result of constraints to your work force
LawShuckscom reports that 125 ma-jor law firms around the globe have an-nounced or conducted layoffs The com-bined total is 10723 people 4015lawyers and 6708staff Most law firmson that list thank-fully do not haveany significant rec-ognizable namesfrom our BCLMAnetwork however all local firms whospoke with me are cautiously managingtheir salary expenses
While most research and surveys thatexamine the long-term effects of downsiz-ing indicate that companies that cut staffend up disappointed with the resultsmany of us will face formulating staffingstrategies to control costs Layoffs mayserve a short-term need but create largerlong-term issues Nonetheless we mustmanage and lead as directed by our Part-nership or Managing Committees
I am sure my fellow Administratorsand HR Managers will agree that an im-pending termination on any scale canconsume the workday We complete thenecessary forms derive suitable severancepackages develop plans to reassign workor alternatively reinvigorate the recruit-ment process to find a suitable replace-ment While we focus on the person orpersons being terminated we might over-look and forget or ultimately deny an im-portant aspect of the overall process ndash the
employees we keepThe Law Practice
Today section in theJanuary edition ofthe ABA Law Prac-tice Management in-cluded an article byJaffrey C Connerconcisely summariz-ing the point that fu-ture success of a firm depends largely onthe leadership of management after anylayoffs have been made
The workplace mood becomessomber People ask themselves ldquoAm Inextrdquo There will be a significant amount
of distrust of man-agement and anxi-ety over subsequentjob losses Thesefeelings must betempered by astrong unified mes-
sage from Management It is reasonableto admit the future is uncertain and thatevery effort will be made to ensure astrong and viable law firm well into thefuture Also tell the staff that this uncer-tainty will undoubtedly result in difficultdecisions after every possible alternativehas been considered
Terminating employees is a decisionthat is never made lightly To be an effec-tive leader you need to reinforce that alloptions were considered prior to layoffsUnder conditions of economic uncertain-ty the contribution of leadership is notsimply to inspire or build confidence butrather to solve problems and make ap-propriate strategic decisions
I learned an important lesson at lastyearrsquos BCLMA Conference Peter deJager a specialist in Change Manage-ment said in the closing session ldquoPeopleactually are not resistant to change theyare resistant to the way change is broughtaboutrdquo
Some employees consider termina-
Tim Wurtz
ALL LOCAL FIRMS ARECAUTIOUSLY MANAGINGTHEIR SALARY EXPENSES
tions or layoffs as drastic and developstrong feelings against managementLeaders must remain aware of the per-ceptions of their Partnership BoardManagement ndash and staff All three groupsinfluence a leaderrsquos ability to implementchange specifically to bring about signifi-cant staffing reassignments
Much literature exists about the dis-tinction between leaders and managerswith leaders having vision and creativityand managers focusing on improving ef-ficiency Leaders should exercise dili-gence toward gaining an understandingof their capacity within the organizationto properly apply leadership theories ifappropriate
During uncertain times we need tothink about adaptive and situational lead-ership-the right person with the rightstyle for the right situation Mining theInternet and academic journals for de-scriptions of leadership styles yields hun-dreds of words typically used to describe
a vast variety of leadership traits andtechniques
Two styles reside on opposite ends ofthe spectrum Visionary Leaders and Au-thoritative Leaders A visionary leaderpossesses a charismatic personality em-braces a democratic approach to the de-cision-making process and tries to en-gage staff in ongoing strategic initiatives
An authoritative leader prefers au-tonomous control over decision-makingmotivates employees using various formsof intimidation shows reluctance at relin-quishing control and fails to actively seekfeedback throughout management pro-cesses During difficult and emotionalstaff terminations and re-assignments theenormous grey area between these two
styles is required to carefully steer yourship through difficult waters
Use components of visionary leader-ship to bring employees into the world ofdecision-making Solicit ideas Listen towhat staff say when you introduce cost-saving measures For employees who areterminated or laid-off consider outplace-ment services a mutually agreeable refer-ence letter and perhaps access to thefirmrsquos resources or referral networks sothey can actively seek other employmentFor employees who are retained and pos-sibly required to assume additional re-sponsibilities for the same or less paythink about new benefits you can offerthem such as additional training andsupport
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 19
TERMINATIONS OR LAYOFFS ARE ABOUT LOSS BUT THEY ALSO CREATE OPPORTUNITYFOR US AS LEADERS AND MANAGERS
JAM
ESTH
EW
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Use aspects authoritative leadership toreinforce the notion that difficult deci-sions are inevitable that assuming issuesassociated with terminations or downsiz-ing will solve themselves over time is irre-sponsible It is important not be per-ceived as laissez-faire in yourmanagement capacity and to clearly es-tablish that while difficult the decisionsmust be respected
We are expected to possess the skills toproperly and compassionately deliver badnews to staff As managers it is our dutyto be knowledgeable of how people willreact and deal with the ramifications ofour actions Often the problems in work-force reductions arise when people donrsquotsee logic in why they were laid off andothers kept their jobs People draw theirown conclusions
I know first-hand that remaining stafftypically formulate their own complextapestry of reasons to explain why some-one has been let go These conclusionscanrsquot include aspects of the decision-mak-ing process to which they are not privy
It is counter-productive however toargue with this mentality as they are typ-ically emotionally driven conclusions Ra-tionalization may serve to further fuel thefire of distrust of management
However we cannot ignore it entirelyeither We will need to address the ru-mours and speculation either as a groupor one-on-one
Terminations or lay-offs are aboutloss but they also create opportunityfor us as leaders and managers Ourwords and actions can inspire loyaltyand enthusiasm Vision and authoritymake great bedfellows in any leaderrsquosarsenal of tools but sustainable law-firm profitability and excellence takes aconcerted effort on any managerrsquos partto become and remain the leader that isthe glue in the firmrsquos organizationalculture
Leaders must be honest and trans-parent about current conditions whilstremaining positive and reassuring En-gage Consulting Solutions in its publi-cation Engaging Employees in Uncertain
Times suggests that you must counteractpervasive negativity by providing clear
consistent messaging about the firmrsquosreality regardless of the reality In addi-tion focusing on programs that pro-mote recognition employee wellnesslearning and development are also seenas crucial to reducing the uncertaintywhile increasing retention and engage-ment
The July-August 2009 issue of The
Harvard Business Review lists new requiredleadership skills particularly vital in ourclimate of economic uncertainty 1) Foster Adaptation ndash For instance de-
velop ldquonext practicesrdquo in addition tocontinuing with current best practices
2) Embrace disequilibrium ndash While thisseems to depart from traditional lead-ership efforts to create a harmoniousequilibrium it is suggested you keepstaff in a state that creates enough dis-comfort to induce change but not somuch that they fight flee or freeze
3) Generate leadership ndash Give employ-ees at all levels of the organizationthe opportunity to lead departmentsor firm initiatives that will help itadapt to changing timesA suggestion to Administrators and
HR managers struggling with difficult sit-uations Ensure you take care of yourselfthroughout these dynamic times Cam-bridge Leadership suggests that you 1) Give yourself permission to be both
optimistic and realistic2) Find sanctuaries where you can reflect
on events and gain perspective 3) Reach out to trusted confidants with
whom you can speak openly 4) Bring more of your emotional self to
the workplace noting that appropriatedisplays of emotion can effect change
5) Do not lose yourself in your role nordefine yourself through a single en-deavourThrough these uneasy times we must
skillfully balance the profitability of thepartnership with a healthy organizationalclimate for the firm
They are not mutually exclusive dur-ing economic uncertainty but do requirecareful planning and actions by law firmmanagers to advance our stature withinthe decision-making process to that of alaw-firm leader
dentials except for affidavits and orders Efficient ndash Law firms will like the ease
and convenience as well as the effi-ciencies gained E-Filing allows you tofile retrieve and electronically searchfiles from your office or home It sim-plifies document preparation for of-fices by eliminating the need to printand prepare multiple copies of docu-ments for filing After submitting your documents you
can check on the status at any time sim-ply by logging in at CSO If requestedCSO will automatically send an e-mailnotification as soon as the registry hasprocessed the document
Once the registry accepts the e-Fileddocument it is electronically stampedYou can then download the documentfor your files Enviromental ndash E-Filing can offer a
greener solution for offices by eliminat-ing the need to print and prepare mul-tiple copies of documents for filing As a result your office can use less
paper E-Filed documents do not need tobe physically transported thereby reduc-
BC Court E-Filing from Page 10
Topics 20
ResourcesE-Filing is available for most types of docu-
ments For e-Filing rules refer to SupremeCourt Rule 69 which is athellip
lthttptinyurlcomnasoj9gthellipand Small Claims Rule 22 located
at lthttptinyurlcoml7ch8ggtThere are quite a few Rules on each of these
web pages so once you arrive use your brows-
errsquos Find command to quickly search the page
for the text Rule 69 in the one case or Rule22 in the other
You can register for a CSO account online
through the CSO website atltwwwcourtservicesonlinegovbccagtor if you are a BC OnLine user through BC
OnLine at
lthttpswwwbconlinegovbccagtPlease visit Court Services Online at
wwwcourtservicesonlinegovbcca Questions can be e-mailed to
CourtsCSOgovbcca
E-Filing to Page 21
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
By Michael J Anderson Principal Innovative Consulting
Sometimes whenwe have our
heads down justploughing awaythrough the fires onour desk we losesight of the funda-mental things thatwe should do togrow our practices
Wersquore not talkingabout huge expensive or complex mar-keting strategies here We are just remind-ing you of the basics Several of you prob-ably already do many of these thingsseveral of you probably plan to do manyof these things Our hope is that this listwill remind you of what it takes to expandyour practice and spur you on to turnyour best intentions into best practicesWe also hope that you will gain some newideas and insights
The following in no particular order
is provided as a checklist for what youmight want to do to become more profitable
1Get out of the office Every great RainMaker will tell you that you must meet
with your current and potential clients of-ten either on their turf or on neutralground
2The old 8020 rule still applies Yes 80of your new work will probably come
from 20 of your current clients Do youknow which of your clients provide youwith the most work If you do how areyou building on that relationship We seetoo many firms and lawyers spendinggobs of time and money trying to attractan elusive new big client Your best tar-get for success is the client you alreadyknow and who already knows you
3Just say ldquoNordquo Being fearful of whereour next file will come from makes us
want to accept every possible bit of workthat might come in the door whether thework is profitable whether we have goodprospects for getting paid whether it is anarea of law in which we are comfortableor whether our time could be better spentattempting to land the work that we reallywant at rates that will help us to succeedIt seems to be the credo for many lawyersthat ldquoThey have never met a dollar theydidnrsquot likerdquo Instead ldquoFocus on the goodstuffrdquo as professional-business consultantDavid Maister would say
4Budget your time and money Typically alawyer works about 2500 hours each
year roughly split between 1400 billablehours and 1100 non-billable hours Thenon-billable time is broken into segmentsfor management associate training per-sonal education research and marketingWe suggest that every lawyer allows forabout 600 hours per year for marketingtheir practice with a marketing budget ofbetween 2 and 5 of their gross rev-enues The marketing should include ad-vertising website creation and mainte-nance marketing-skills training andclient promotion-among other things
5Get involved We have a moral duty togive back to our communities
Choose a charity community group po-litical organization or business associa-tion that you enjoy and is important toyou Many of these types of groups are
looking to add a lawyer or two to theirboards In addition to contributing to agreater common good you will also net-work with other successful business peo-ple
6Market internally Ensure that everyonein your firm knows all of the facets of
the work you are capable of handling theareas in which you are looking to expandand your availability to handle the workAsk your partners about possible cross-selling opportunities Since cross-selling isa two-way street look at your own clientlist for possible situations to offer yourpartners For younger lawyers internal
marketing is possibly the only marketingthat they can do as their peer group hasnot yet risen to positions or situationswhere they can direct legal files to theirfriends Every young lawyer should askthe more senior members of their firm forwork on a weekly basis A lot of work willtransfer down to them if they prove theycan handle it
ing fuel consumption and its environ-mental impact Inexpensive ndash An office can reap sav-
ings from e-Filing through reducedprinting costs as well as reducedcosts from delivering documents tothe registry particularly when fil-ing beyond the local registry There is a $7 e-Filing transaction
fee per filing package regardless ofwhere the document is filed A filingpackage is any number of documentsbeing e-Filed to the same court file atthe same time The transaction feeand any applicable statutory filing feesare paid online through a BC OnLine
deposit account or with a credit card With all of these positive reasons
to e-File why not give it a try Go on-line today to view a demonstration ofhow to e-File to an existing court fileor how to use e-File to start a newcourt file
15 ideas for improving your practice
BC Court E-Filing from Page 20
21Topics
Michael Anderson
HOW DO FIRMS USE ON-LINEVIDEO TO VIEW AN
EFFECTIVE USE OF THISMEDIUM VISIT TORYrsquoS
WWWTORYSCOMVIDEOCENTERPAGESDEFAULTASPX
SINCE CROSS-SELLING IS ATWO-WAY STREET LOOK ATYOUR OWN CLIENT LIST FOR
POSSIBLE SITUATIONS TOOFFER YOUR PARTNERS
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
7Go to school Many lawyers can benefitgreatly from marketing training or
personal coaching In the old days a se-nior partner would grab an associate bythe scruff of the neck drag them toclient lunches and warn them to just sitthere keep their mouth shut and learnAnd they did learn Similarly we needto develop ways to share the marketingskills that already reside within ourfirms especially for our youngermembers
8Create a ldquoDream Listrdquo In aperfect world who
would you have as clientsand what type of workwould they send you Onceyou have the list startstrategizing on how youcan get an introductionand what you would saywhen you finally meetthem Why should theyhire you What will set youapart from your competi-tion After all many clientsfeel that most lawyers arethe same ndash they point tolaw firm websites andbrochures where you willsee that most of them at-tempt to sell ldquoBetter Fasteramp Cheaperrdquo Differentiateyourself Innovate
9Research Do you trulyunderstand your clientsrsquo
core needs What issueskeep them awake at nightand what can you do tohelp them Use the Inter-net to gather informationabout your current and po-tential clients Use that datato customize your proposalto them This demonstratesan understanding of theirbusiness and a commitment tohelp them enhance it
10CRM Institute a Customer Relation-ship Management program that will
track who when how and what the nextsteps are in your marketing strategy A sim-ple and inexpensive option like MicrosoftOutlook or a more legal-specific option like
Amicus Attorney will get your started
11Write write and write some more Createa perception of expertise by writing
topical articles and getting them pub-lished in relevant print or online maga-zines newsletters and blogs
12Leverage your writing Create a mailingor even better an e-mailing list of
clients and potential clients and send
them copies of the articles that you writeThe goal is to have them say ldquoThis onesure seems to know their stuffrdquo Thenhave the article placed in a strategic loca-tion on your website so that visitors will
also see that you have expertise Take itone step further and create a seminarpresentation or speech using the article asthe basis Undertake each at the personalgroup or firm level ndash or all of the above
13Leverage your people How many timeshave we heard ldquoPush the work
down and free your time to do the moreimportant stuffrdquo Why do many of us still
resist that strategy Whether you are ina large firm with associates or a
sole practitioner with parale-gals use junior practitionersto a greater degree Usingleverage will make youmore profitable and freeyour time for more impor-tant things
14Web support Amongother things websites
are the brochures of the newmillennium Is your websitesupporting your marketingefforts or is it just a neces-sary expense The most ef-fective sites have a lot incommon they are builtfrom a clientrsquos point of viewthey are informative and ed-ucational they display yourexpertise they have person-ality they are well ldquotaggedrdquoto be picked up in Googletype searches and usevideos effectively
15 Discipline Sometimesour best intentions lack thediscipline to carry out whatwe know we need to doDevelop a strategy with atimetable to accomplish theplan Start with this check-list and add to it as youprogress along the road to
growing your practice Wehope that this will help you to
focus on the issues that are mostimportant for you and your firm go-
ing forward
Michael J Anderson is a principal in Inno-
vative Consulting Hersquos based in Vancouver and
can be reached at 6042724222 or at
andersoninnovativeconsultingca
Topics 22
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
SUMMER 2009
Editor Stephanie MarshManaging Editor Designer Peter Morgan
This issue is also available in PDF format atlthttpwwwbclmaorggt
Topics Archive amp Indexlthttpwwwbclmaorggt
Editorial copy 2009 BCLMA CANADA
Published by MORGANNewsletters 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 BC It is the BCLMA lsquos goal toprovide educational and networking opportunitiesto 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
NEWSLETTER SERVICES
TOPICS is a public newsletter We will be pleased toadd you to our mailing list for this newsletter Pleasecontact the Editorial Committee Chair or any mem-ber of the Editorial Committee listed on the left forcomments on any of these articles or to offer sugges-tions for articles in future issues or for adjustments tothe circulation list Comments are always welcome
REPRODUCTION RIGHTS
Topics is copyrighted however we encourage you tocirculate or copy this material unmodified for yourown internal or private use You may freely quoteany article or portion of article but it must be ac-companied by attribution Quoting any article orportion of article without attribution is prohibitedThe newsletter its contents or its material may notbe sold intact or modified nor included in anypackage or product offered for sale
EXECUTIVE Stephanie Marsh President
Fasken Martineau2900 550 Burrard StreetVancouver Canada V6C 0A3D 6046314767F 604-631-3232SMarshFaskencom
Jan Whyte Vice-President
Murphy Battista2020 650 West Georgia StreetVancouver BC V6B 4N7D 6046333811F 604-683-5084WhyteMurphyBattistacom
Gary Carter Director
Paine Edmonds LLP1100 510 Burrard StreetVancouver BC V6C 3A8P 6046831211F 604-681-5084GCarterPaine-Edmondscom
Cindy Hildebrandt Director
Richards Buell Sutton LLP700 ndash 401 West Georgia StreetVancouver BC V6B 5A1P 6046823664D 6046619267F 604-688-3830CHildebrandtrbsca
Evenna Liu Director
Oyen Wiggs Green amp Mutala LLP480 ndash 601 Cordova Street WVancouver BC V6B 1G1D 604-676-9074F 604-681-4081ELiuPatentablecom
Barb Marshall Director
Fasken Martineau2900 ndash 550 Burrard StreetVancouver BC V6C 0A3D 6046314991F 604-631-3232BMarshallFaskencom
Angela Zarowny Treasurer
Direct 6043510124azanddzShawca
Jane Kennedy Administrator amp Membership Services
BCLMA
PO Box 75562RPO Edgemont VillageNorth Vancouver V7R 4X1P 6049881221F 604-988-1221MembershipBCLMAorg
SUBSECTION LEADERS
Facilities amp Service ManagementJanice McAuley Co-Chair
Lawson Lundell LLP1600 ndash 925 West Georgia StreetVancouver Canada V6C 3L2D 604-631-9254F 604-669-1620JMcAuleyLawsonLundellcom
Lorraine Burchynsky Co-Chair
Boughton Law CorporationSuite 700 ndash 595 Burrard StreetVancouver Canada V7X 1S8D 6046474162P 6046876789F 604-683-5317LBurchynskyBoughtonca
FinanceSheila Tham Co-Chair
Watson Goepel Maledy LLP1700 ndash 1075 West Georgia StVancouver BC V6E 3C9P 6046881301F 604-688-8193SThamWGMlawcom
Linda Lucas Co-chairDavis LLP2800 Park Place 666 Burrard StVancouver BC V6C 2Z7D 6046436305F 604-687-1612E LLucasDavisca
Human ResourcesTina Giallonardo Chair
Miller Thomson LLP1800 840 Howe StVancouver BC V6Z 2M1P 6046872242F 604-643-1200TGiallonardoMillerThomsonc
Knowledge ManagementGreg Christensen Chair
Fasken Martineau2900ndash550 Burrard StreetVancouver Canada V6C 0A3D 6046314993F 604-631-3232GChristensenFaskencom
MarketingRecruiting
Small FirmsSharon Kwong Wah Chair
Young Anderson1616 ndash 808 Nelson StreetVancouver Canada V6Z 2H2 D 604-689-7400F 604-689-3444KWongWahLYAbcca
TrainersRuth-Ann Spencer Co-Chair
Bull Housser amp Tupper LLP 3000 1055 West Georgia Street Vancouver BC V6E 3R3 D 6046414921 F 604-646-2638 RASBHTcom
Lisa Dick Co-Chair
Fasken Martineau 2900ndash550 Burrard Street Vancouver V6C 0A3 P 6046313131 F 604-631-3232 LDickFaskencom
Technology Aaron Fahlman Co-Chair
Fasken Martineau2900 550 Burrard StreetVancouver Canada V6C 0A3D 6046314960F 604-631-3232AFahlmanFaskencom
Aaron Zuccolin Co-Chair
Watson Goepel Maledy LLP1700 ndash 1075 West Georgia StreetVancouver BC V6E 3C9 D 6046425661F 604-688-8193AZuccolinWGMlawcom
EDITORIAL COMMITTEE
Bob Waterman Chair
Richards Buell Sutton LLPD 6046619241F 604-688-3830BWatermanRBSca
Stephanie Marsh Editor
Fasken Martineau2900 550 Burrard StreetVancouver Canada V6C 0A3D 6046314767F 604-631-3232SMarshFaskencom
Mike BowerbankBurnabyMikeYahoocom
Lorraine BurchynskyBoughton Law CorporationSuite 700 ndash 595 Burrard StreetVancouver Canada V7X 1S8D 6046474162P 6046876789F 604-683-5317LBurchynskyBoughtonca
Paula ButlerBarrister amp Solicitor200 100 Park RoyalWest Vancouver BC V7T 1A2P 6047820373F 604-983-0372PButlerPaulaButlercom
Tim WurtzBaker Newby LLP9259 Main StChilliwack BC V2P 6K2P (1) 6047921376F (1) 604-792-8711TWurtzBakerNewbycom
BCLMA EXECUTIVE amp SECTION LEADERS
DENN
ISCO
X
BC Legal Management Association
Award for his outstanding service andcommitment to the ALA over the pastmany years
More than US$100000 was presentedto Smile Train the charity selected inhonour of the 10th anniversary of theALArsquos Community Challenge Week-end (The Weekend is a national eventin which 90 to 100 ALA chapters under-take a community service project intheir local areas) The Smile Train pro-ject provides children in developing na-tions with surgery to correct cleft lipsand palates The ALA donation repre-sents the largest ever received by thecharity from a single association orgroup
President Wendy Rice-Isaacs complet-ed her term passing the leadership ofthe association to Susan French KoranBefore doing so one of the two manag-ing partners with which Wendy worksattending from Columbus Ohio deliv-ered a speech of genuine respect laud-ing Wendyrsquos contributions to the firmand to the ALA over the past 17 years
Wendy has certainly played a signifi-cant role in developing the new relation-ship between the ALA and the BCLMA
Wendy with ALA executive mem-bers Dick Nigon Patti Groff and JohnMichalik helped arrange the first meet-ing to discuss the opportunities to worktogether Members of the currentBCLMA executive board welcomedWendy Patti John and Susan to Van-couver this past spring to continuebuilding the foundation of this impor-tant relationship We too appreciateWendyrsquos contributions
Susanrsquos first order of business as thenew president was to announce the ALArsquosrebranding As she presented the newbrand and explained the logic behind it acarefully planned launch occurred behindthe scenes
ALA members switched signage in theconference centre (TV monitors registrationdesk vendor hall carpet mats brochuresetc) updated the website and sent a broad-cast e-mail to all ALA members
As we exited the luncheon we eachreceived a new ALA brochure and a to-ken gift sporting the new logo This mas-
sive undertaking was impressive and byall appearances seamless
DIDDELY DIDDELY DOO BOP BOPNow for a look around The Get
Jazzed theme was prevalent throughoutthe program At the opening receptionon Sunday evening we all connectedwith each other and reconnected withour ALA CALA and TLOMA colleagueswhile Dr Jazz and the New Orleans Sounds
played traditional Dixieland jazz fol-lowed by Storming the Band touted theldquothe hottest and most versatile band inthe Southrdquo
After the opening several of us attend-ed a vendor reception on colourful Bour-bon Street All types of music flowed fromthe open doors and windows of bars andrestaurants while patrons tossed beadednecklaces from second-floor balconiesThe Encore Reception late Tuesday af-ternoon was titled Lagniappe a Cajunword meaning ldquoA little something extrardquo
Delegates visited more than 100 ven-dors in the exhibit hall placed bids at theSilent Auction enjoyed drinks and appe-tizers and encountered three differentgroups of entertaining musicians
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 6
French Quarter statutes of lsquoFatsrsquo Domino Al Hirt and Pete Fountain all musical legendsall came from New Orleans even as they helped define its music for millions
Like Vancouver New Orleans did away with its streetcar system as not being lsquomodernrsquoenough only to discover theyrsquore pretty practical and ought to be reconsidered
Maybe Bombardierrsquos showpiece during the Olympics will change Vancouverrsquos mindset
TLOM
APR
ESID
ENT
EDM
UND
REID
TLOM
APR
ESID
ENT
EDM
UND
REID
All that ALA jazz to Page 8
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Dependability Dedication ExperienceNo matter the discipline the demands
are the same
At Ricoh wersquove spent the last 70 years
honing our skills chiseling out the very
definition of what it means to be the best in
WORLD CLASS OFFICE SOLUTIONS
1888RICOH 1ST bull ricohchampionsca
multifunction systems bull colour bull high volume bull fax machines bull printers bull scanners
What it takes to be a
CHAMPION
Mult i funct ion Colour
High Volume Printers
Scanners Fax Machines
copy2007 Ricoh Canada Inc
The NrsquoAwlins Po Boys created authenticand lively Southern sounds with featuredfiddle and soundbox The Gumbo Trio
with their banjo horn and stand-up bassplayed Dixieland and Jay-Ray amp Gee ana capella group of New Orleans streetsingers from the French Quarter famousfor doo-wop strolled throughout the halldeftly putting the bop in the bop shoobop shoo bop for all of us
On Wednesday night we attended theFinale Party the theme Masquerade Wear-ing painted or feathered masks we boardedshuttle buses to Mardi Gras World anevent location filled with hundreds of sculp-tures giant figurines and parade floats
Rockinrsquo Dopsie Jr amp the Zydeco Twisters
got the crowd dancing with their uniquebrand of music Zydeco is a sort of melod-ic gumbo concocted from CajunAcadianmusic Afro-Caribbean rhythms andmelodies and blues In another area The
Jamil Sharif Quintet played smo-o-o-othjazz Indigenous music played every-where both inside and outside of the con-ference centre the entire week
THE CITY STILL RECOVERING THRIVESWhile some outer districts still show
evidence of Hurricane Katrina New Or-leans proper is beautiful and thrivingThe French Quarter is exquisite
Tall doors and shutters accent hotel andstore fronts Wrought-iron railings support-ing hanging baskets bulging with ferns andflowers trim second and third floor bal-conies Lush palms fill narrow courtyardsnestled between brick buildings Gas-fedlanterns still light many streets
Some delegates arrived a day or twobefore the conference or stayed on a fewdays after to enjoy some of the manyguided tours to plantations swamp landsor through the city itself
GREAT EVENT
We applaud our colleagues south ofthe border on the success for their 38thannual conference
Be sure to mark your calendar forBCLMArsquos own conference Oct 21ndash232010 in Vancouver BC
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 8
CONVEYMASTER
Ask us about our bull $25 pay-per-conveyance bull plan
Tel (800) 667-0332 or (604) 685-1078Fax (604) 685-9370
Go with the best Home Page wwwsaicaGo with ConveyMaster Email infosaica
Conveyancing SoftwareNew EFS Module
FUTURE ALA CONFERENCES
2010 May 3 ndash 6 | Boston Massachusetts2011 May 23 ndash 26 | Orlando Florida2012 April 23 ndash 26 | Honolulu Hawaii2013 April 15 ndash 18 | National Harbor Maryland (Washington DC area)
All that ALA Jazz from Page 6
The BCLMA hosted a sold-out event atStanley Parkrsquos Fish House and nearby
Pitch lsquonrsquo Putt on June 18More than 40 people golfed nine holes
beneath the late afternoon sun Theythen joined the more than 30 diners atthe restaurant for another successful sum-mer event
Mills Basics and ZSA were the gener-ous sponsors Brad Mills and Chad Ege-land of Mills Basics and Elizabeth Borrilland Dragana Milisic of ZSA were in attendance
HIGHLIGHTSPenny Harvie announced her upcom-
ing retirement from Fasken Martineauafter 22 years at the firm Penny will stayon at the firm until the end of July atwhich point she will enjoy the summerand consider her next life chapter
Another highlight included welcomingJohn Hawke back to the BCLMA after atwo-and-a-half year sojourn to work at anengineering firm John has taken on therole of Chief Operating Officer at LangMichener
PRIZE WINNERS GALORE Brad Mills (Mills Basics) Ernie Gau-
vreau (Gowlings) Donna Oseen(Alumni) and Ken Brennan (Gowl-ings) who posted the Best Team Scoreof 142
Sam Mann of Singleton Urquhartposted the Best Individual Score ofjust 28 and Agustino doSouto ofHarper Grey handed in the MostHonest Score (We agreed not to pub-lish the actual score)
Event sponsors and other vendors pro-vided door prizes
John Hawke (Lang Michener) won apersonal shredder courtesy of MillsBasics Carina Bittel (Clark Wilson)won a bottle of champagne courtesy ofZSA and
Roy Boal (Blakes) and Shirley Mad-
den (firm) each won gift certificates toMarquis Wine Cellars
BCLMA DOOR PRIZE WINNERSAs with every one of our social events
the BCLMA provides door prizes Herersquoswho won Cineplex Odeon Theatres ndash Penny
Harvie (Fasken Martineau) Starbucks ndash Raf Sansalone (BLG)
Julie Wong (firm) iTunes ndash Robbin Myers (firm) Cactus Club ndash Dave Bilinsky (Law So-
ciety) LCBO ndash Agustino doSouto (Harper
Grey) The Bay ndash Sarah Glazzard (Lang
Michener)
ANOTHER GREAT EVENTThank you to everyone who attended
this fun event Your participation makesour events continually successful
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
MAKING THE MOVEShellip
WELCOME NEW AFFILIATES
Kristie Hedges Alexander Holburn Beaudin amp Lang LLP Human Re-sourceshellip Karen Jenkins Stikeman Elliott LLP Technologyhellip Dan
Phung Stikeman Elliott LLP Technologyhellip Tammy Marchinkow PaineEdmonds LLP Finance
WELCOME NEW REPRESENTATIVES
John Hawke has returned to the BCLMA and has joined Lang Michener asChief Operating Officerhellip Andrea Pantages is the new Administrator at
Mandell Pinderhellip Jessica Melson is the Assistant Office Managerat Hartshorne amp Mehl
In accordance with our bylaws firms are the BCLMArsquos Members Representatives were
formerly known as Full Members Affiliates were formerly known as Subsection MembersThe
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
BCLMA SUMMER EVENT
40 golf and 70 dine at successful sold-out sensation of our June social at the Stanley Park Fish House
Penny Harvie to retire
Topics 9
By Court Services Branch Staff BC Ministry of the Attorney General
Over recent years wersquove seen an in-crease in online options in every-
thing from online shopping to e-filing ourincome taxes Chances are most of ushave used these types of services
Increased environmental conscious-ness pressures to be more efficient andexpectations for anytime-anywhere accessmean that online interactions are increas-ingly demanded and offered It is in thisspirit that Court Services Online (CSO) wasdeveloped and within that e-Filing forcivil court documents
CSO e-File service allows you to sub-mit electronic court documents in civilactions to Supreme Court and ProvincialCourt registries
British Columbia is the first provincein Canada to introduce a comprehensivee-Filing system that includes an e-Filingservice and the storage and maintenanceof court files in an electronic formatCSO e-Filing helps law firms meet theirdynamic needs
Today CSO e-Filing is available in all43 court locations Moe than 65000Supreme Court civil and ProvincialCourt small-claims documents have al-ready been e-Filed (See Resources box)
Why e-File your court documents Itrsquoseasy efficient environmentally responsi-ble and inexpensive Easy ndash E-Filing can take less than three
minutes to complete To begin youwill need a CSO account (See Resources
box) and software to convert your doc-uments to Adobe Portable DocumentFormat (PDF) All document preparation for e-Filing
is done off-line You can prepare yourdocuments using existing templates orprecedents in any word-processing for-mat and then just convert the documentsto PDF for filing There is no need for anelectronic signature or other digital cre-
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 10ELECTRONIC FILING PASSES 65000 DOCUMENTS
BC court filings increasingly electronic for all major types of BCSupreme Court and Provincial court cases except criminal
T he CSO system is the only method of filing
documents electronically in the BC court
system and itrsquos only in BC at that But there
are other jurisdictions that have a similar sys-
tem and one in particular the US PACER
system is well ahead of ours both in extent of
court coverage and user costs
We particularly thank the CSO office for
providing the accompanying article at our re-
quest but we also let them know we were in-
terested in how BCrsquos system stacks up and
with thier article in hand we asked some
questions
They told us for instance that the growth
of e-Filing in BC has continued steadily since
it was first set up as a pilot project in October
2005 with just one court location Province-
wide e-filing became available on December 1
2008 ldquoand at present there is approximately
an 8 uptake raterdquo
We also were curious about the fact that the
CSO system doesnrsquot include criminal case fil-
ings The response there are ldquono formal plans
at this time to provide access to Supreme Court
Criminal information but it could potentially
be available in the futurerdquo
The CSO is BC-only so we asked if it was
going to be incorporated into a national system
They replied ldquoThere are no formal plans to in-
tegrate the BC system into a Canada-wide sys-
tem however several provinces have shown an
interest in the systems that BC has developedrdquo
The system is in two parts input and out-
put Law firms for instance can file electronic
documents through accounts and there is a price
structure for doing so The public has free ac-
cess to a search engine and the results produced
by the search but retrieving and downloading a
document or documents from a particular
court case linked to the index costs $6 instead
of the $8 charge if a person went to a court reg-
istry and asked for a file to be pulled for view-
ing within the registry itself physical photo-
copying is extra
We asked CSO about the rationale for its
costs The reply ldquoThe BC CSO service costs are
generally calibrated to make it a user-pay service
which is funded by its use and does not impose a
burden on taxpayers by making it a subsidized
servicerdquo
In the US PACER an acronym for Public
Access to Court Electronic Records is an elec-
tronic public access service of United States fed-
eral court documents
It covers civil criminal bankruptcy and
appellate cases that are federal and itrsquos the
output side of the American system PACER is
managed by the Administrative Office of the
United States Courts It allows the public to
obtain case and docket information from the
United States district courts United States
courts of appeals and United States
bankruptcy courts
Each court maintains its own system a
small subset of information from each case is
transferred each night to the US PartyCase
Index located in Texas at the PACER Service
Center in San Antonio
Records are submitted to the individual
courts using the Federal Judiciaryrsquos Case
Management Electronic Case Files (CM
ECF) system which is the input side and has
its own cost structure It accepts the filing of
documents in PDF through the electronic filing
system of each court which maintains its own
databases with case information The index
provides the necessary links to the actual docu-
ments stored in each court
Access to all PACER dockets is available by
registering at its site
lthttppacerpscuscourtsgovgt and the
download cost is eight cents per page with a
US$240 cap per case session with payment
usually quarterly by credit card for those with
non-American addresses
Those with American addresses can get free
access via
lthttpwwwfreecourtdocketscomgt
How does the cost and range compare
BC Court E-Filing to Page 20
By John Clerides
Part of my job de-scription includes
meeting people at so-cial gatherings orbusiness eventsWhen the conversa-tion turns to whatone does for a livingwe inevitably end uptalking about wine
Most people Ispeak with have little understanding abouthow wine is sold imported or priced inBritish Columbia while ironically theyare acutely aware of the low prices forwine in the United States and Europe
When I begin to explain how our sys-tem works people often shake their headsin disbelief So let us spread this cheer byexploring the inner workings of theBritish Columbia Liquor DistributionBranch (BCLDB) and how a wine ispriced
The method used to price wine iscalled an ad valorem tax What does thismean
One source ndash Investopediacom ndash de-fines it as A tax based on the assessed value of
real estate or personal property Ad valoremtaxes can be property tax or even duty on import-
ed items Property ad valorem taxes are the
major source of revenue for state and municipal
governments
The ad valorem tax that the BCLDB usesto assess wine is 117 on the first $751of landed cost Everything thereafter istaxed at 55
Letrsquos take a wine from France with anexport price of euro3 a bottle or euro36 a caseBased on a euro160 exchange rate betweenEuros and Canadian dollars the Canadi-an equivalent value is $5760 a case or$480 a bottle
Now the fun starts An importer factors in shipping tran-
sit insurance storage insurancewarehouse charges administra-tion storage itself (usually sixmonths) the picking sur-charge delivery to theBCLDB locations fuelsurcharges (thereare two of thoseone when the wineis initially shippedand received inBC and onewhen itrsquos movedto the BCLDBrsquoswarehouse) han-dling and any spe-cial labelling
These costs usu-ally add up about$15 or $20 a caseDepending on thenumber of cases im-ported the higher thequantity the lower theshipping charges Now addon the importerrsquos profitwhich varies but usually is be-tween 10 and 20 of the ex-port price
If the importer sells a wealth ofcases they can work on less margin andmake it up in volume If it is a limitedproduction winewith good reviewsand scores theywill try to eke out abit more All ofthese costs are fac-tored in before the117 BCLDBmarkup
So take theinitial export priceof the case ofwine $5780 Addin $20 a case forshipping and othercosts plus 20 profitfor the importer Thecase of wine lands inBritish Columbia at $8910or $742 a bottle
Now the BCLDB applies itsmarkup That
$480-bottle of wine which left Francewill now retail in BC for somewhere
$23 and $26And wersquore not factoring in
currency fluctuation TheBCLDB rules are such thatif an importer applies fora listing at one retail
price and then theEuro increases by 30eight weeks later theimporter is obliged toadhere to their initialretail price
Therersquos more TheBCLDB has specificdays you can apply forprice changes If animporter has to re-pricea wine so they do not
lose any money theymay have to wait a month incurring ad-ditional storage charges It can also workthe other way too but this rarely
happens While a large percentage of the
price you pay for wine goes intotaxes and logistics it does not take
away from the care that goesinto wine on the front end
Carefully managing the landallows the soil to become
alive reducing the size ofthe harvest harvestingvineyards by handmanaging leaf growthcarefully handling vini-fication and agingpractices precisely
All these take yearsto master and all con-tribute to the qualityand enjoyment of awine Sometimes youdo get what you pay for
John Clerides is the owner
and President of Marquis Wine
Cellars John travels extensively
through the wine regions of Italy
France California Washington State
Oregon and Australia Visit his shop at 1034
Davie Street Vancouver or his website
lthttpwwwMarquis-Winescomgt
TopicsTHE BUCK STOPS WITH YOU
Why the price of winemakes you want towail and whine
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorgr S
John Clerides
JAY PATEL ARTIST
11
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
erwise not be sharedWhen you are in a relaxed state the
neo ndash cortex (the subconscious area ofyour brain) is more likely to become acti-vated This is your resource centre aplace where you can really tap into thethings that make you happy and thusbring tools that can help you remain fo-cused establish new goals and findstrength to change situations that arehonestly not working for you
Now bring the Change Management For-
mula components into this concept whenyour relaxed resourceful and reflectivemindset has had a chance to communi-cate with your logical strivedrive dailyndash performance mindset about a positivechange or goal for you to achieve it islikely that your resistance to changewhich may have spent the better part ofthe past year as the dominating factor ina part of your daily duties or desires is
now less powerful than your dissatisfac-tion + vision for what potential you canreach
It is helpful to know that fear drivesthe resistance to change whereas theendless and ominous power the subcon-scious mind provides when it comes tohuman achievement drives vision It istypical that the subconscious mind over-comes conscious fears getting to the re-sourceful state to do so is the key
Pay attention to this seasonrsquos externalforces the ones that spark your internalforces that motivate you to try somethingnew Your desire for change fuelled byyour subconscious desires has overcomethe fear thatrsquos a regular and natural pre-cursor to change
The ability of the subconscious mindto communicate ndash that is the change fac-tor that is different That is why this issuch a powerful time and why it is so im-portant to concurrently incorporate the
last component of the Change Management
Formula taking the first steps towardschange It will give you a good push tostart you swinging towards your personaland professional goals
Herersquos an exercise Letrsquos take that firststep together in the form of experiencingan amazing example of awareness accep-tance dedication and success through thefollowing story
An artist was standing proudly by hisdisplay sculpture at the Art Gallery open-ing Its colour was the traditional gun-metal it was shiny with glistening hints ofbronze and onyx-like shades throughoutthe massive winding tree-like structure
As the crowds gathered he launchedinto an introduction of the piece confess-ing that he had salvaged a gargantuanpiece of metal and intended to bring itinto its existence as a beautiful art sculp-ture The audience was captivated by the
Goalsetting 101 from Page 1
Goalsetting 101 to Page 13
Smile amp Link
SMILE
One of the new features of our redesigned
website includes the ability to post individual
profile photos next to each personrsquos 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
membershipbclmaorg
Thank you for your co-operation
LINK
BCLMA is LinkedIn
The BCLMA is now a group on the popu-
lar business-social website LinkedIncom
which can extend your existing network of trust-
ed contacts
Add the Group and enhance your profes-
sional profile
Topics 12
artistrsquos voice ndash full of wonder and fantasyndash as he continued with the evolution ofthe sculpture
Several months into the creation heexplained he thought the piece was ru-ined and worthless He had discovered adeep ugly flaw along what was intendedto be the most visible line of the intendedfigure
At first it seemed to be a small obsta-cle but as the weeks and months wentby the artist was unable to camouflagethe flaw In fact it seemed to enlarge be-coming more noticeable No matter whattechnique he used the roughness of theflaw could not be tamed not even by themost powerful commercial ndash grade steelsaw the trusted companion in all of hiscreations
For the next several years the artiststruggled with how to work with the chal-lenge He returned to face the piece from
time to time viewing its physical imagefrom different vantage points in proximi-ty and height in differing lights butcould not find a way to resolve the issue
He had loved the piece for so long de-spite its shortcoming it was a truly spec-tacular figure from all but one angle Hewould touch it dust it work on an areaaway from the flaw but no matter whathe did it eventually became obvious to theartist that this flaw would keep the piecefrom being accepted at commercial gradeby his customers and the art industry
If he were to leave the flaw as is itwould have to be displayed in a privateplace for his external reputation could beharmed if it were publicized that he waswilling to live amongst lsquosecondsrsquo with thesame attitude and charisma that he exud-ed with his lsquoperfectrsquo pieces He was fear-ful of taking a risk that might end his ca-reer
So the artist resolved that the only op-
tion was to abandon the piece to createmore room in his studio He decided toforget it in order to focus his creative re-sources on a more fruitful project
Surprisingly moments after arrivingat this raw emotional state somethingcame over him that refused to allow himto abandon the project The decision hadbeen made in his conscious state andonce his conscious mind released its holdhe found himself for the first time lookingat the real problem ndash which wasnrsquot theflaw
He stopped approaching the problemwith his business senses his logicalthought processes to do with the adviceon use of his time analysis of the productrsquos eventual profitability and hisreputation amongst stakeholders in hisartistry
Instead he approached the problemwith a tool he possessed that was morepowerful than his business brain more
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 13
SAVE THESE DATESMark your calendar with these upcoming
events and important dates
Wednesday Sept 23 2009
BCLMA ndash ALA ndash TLOMA Breakfast
webinar lsquoEvolve to Solversquo Presented by Gary
Mitchell (Vancouver) and Catherine Mitchell
(Toronto) of GEM Communications
Fri-Sat Oct 2-3 2009
ALA Region 5 Conference Fairmont Banff
Springs Banff Alberta Canada
Wednesday Oct 7 2009
BCLMArsquos First-Ever Leadership Series
lsquoLeadership amp Balancersquo Presented by
Joanne Ward BComm BEd MA CCC
Thur-Sat Oct 21-23 2010
BCLMA Educational Conference Vancou-
ver Contact Jane Kennedy at Membership ad-
dress below to join the Conference Planning
Committee
Goalsetting 101 from Page 12
powerful than his electricsaw His emotional brain +his heart became the en-gine and fuel behind the so-lution the solution that wasin sync with who he was acreator a transformational-ist a builder
With the voice of a wiz-ard the artist shared withthe rapt crowd around himwhat the audience hadbeen waiting for what hadbrought the seemingly bro-ken hopeless unattractiveand invaluable piece to thegrandure the people wit-nessed today
The first component ofthe plan that emerged fromhis subconscious state com-
mitment He truly did notwant to abandon the struc-ture despite its lack of com-mercial value He foundhimself committing to thefollowing familiar proce-dures that worked for himin the past (1) Hard physical work (2) Exhausting mental work as he focused
his attention on small progressivesteps
(3) Time a lot of time more time than hehad previously been willing to devoteand
(4) Various tools in addition to theallndashpowerful electric saw The second component patience In-
stead of brutally amputating the trou-bling piece he used the saw ndash but in amuch more gentle patient manner in or-der to shave thin layer after layer off thedamaged surface
The third and perhaps most importantcomponents in bringing about the changewere combined in attitude and respect In-stead of resenting the flaw he created anecological space for his creativity to flow asit did with other pieces that appeared lsquoper-fectrsquo He let go of the stressors ndash makingmoney and personal gain ndash to honour theinternal reasons for this project
The hours he spent polishing the vi-
able edge material flew by Ingenuitybloomed as it dawned on him he coulduse a resource he had never tried beforein his sculptures a chemical elixir to dis-solve the edges where neither the power-ful saw nor the gentle buffer could pro-duce the desired result
Success the flaw smoothed away theintegrity of the piece maintainedThrough all of the alternative processesthe artist achieved his goal bringing thepiece to a level of public acceptance andhigh market-value but that itrsquos mostvaluable to him personally and profes-sionally Thatrsquos when he said the piecewas not for sale
Everyone in the audience smiled anddrew their gaze up to the top of the struc-ture They had in that 10 minutes madethe journey from the raw troubled begin-nings to the place of a polished visionThey had during that short time livedwith the artist through his accomplish-ments in reaching the potential of the man
and the object on this seem-ingly dead-end situation
POINTS TO PONDER ndash FLEX THOSE SUBCONSCIOUSMUSCLES
If you stood with thegroup at the foot of the stat-ue without the introductionfrom the sculptor you wouldnever have known it wasoriginally rejected by its cre-ators ndash nature metal makersand the artist ndash and was onits way to becoming a worth-less object ignored by thepowers that controlled theenvironment where it trulybelonged and shone
Notice through yourjourney with this passionateartist that you are now in aresourceful state of appreci-ation for the importance ofawareness acceptance nur-ture and transformation
Is it possible for us toknow the worth of ourselvesor another without spendingsome time to become gen-
uinely acquainted with the 360 degree in-ternal and external view ndash with what wecan and cannot see Are you willing torisk answering ldquoyesrdquo to this question andnot take a deeper or more resourcefullook at yourself or others
Send me an e-mail let me know whatyou decide
Jan Whyte is a Certified Professional Coach
as well as General Manager and Administrator
of Murphy Battista Barristers in Vancouver
She can be reached at
ltWhyteMurphyBattistacomgt
She has spent 26 years working in litigation
firms in Vancouver In addition to her adminis-
trative role at Murphy Battista she consults with
staff and lawyers on various components of life in
law firms including recruitment worklife bal-
ance team dynamics such as leadership or con-
flict resolution and enhancing individual and
group performance Jan is an active Board Mem-
ber and the President-Elect of the BC Legal
Management Association
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
14Topics
SEBA
STIA
NKA
ULIT
ZKI
ARTI
ST
By Mike Bowerbank
In the olden days ndash you know way backwhen Windows 95 was new and crash-
ing computers ndash your social network con-sisted of friends you hung out with andtalked to in person
Face to face Can you believe thatIn 1995 the first large social
networking site sprang upClassmatescom gave people anew way to relive those awk-ward high-school moments It
also enabled visitors to see if thecaptain of the rugby team still had hairand his own teeth
It was more of a way to capitalize onnostalgia with a specific group of peopleso one could argue about just how muchof a social network it really was
The first of what we associate with so-cial-networking sites today was launchedin 2000 Friendstercom grew quickly andbecame so popular that it spawned sever-al copycat sites including MySpace (2003)and Facebook (2004) both of which havesurged ahead of Friendster in popularity
All of these sites allow you to post aprofile that includes all of your personaland contact information show off pic-tures of your kids and make the entireonline world aware of your happeningsSuch sites quickly became the way to stayin touch with people without ever havingto you know actually see them or talk tothem
The great thing about these sites is theease with which we can keep in touch
with people despite our time-crunched lives Rather thanphone or meet with the peoplein your life you can simplyupdate your page with yourlatest news and pictures so
that everyone can see them at onceYou can also play games take quizzesand interact with people from all over theworld
Some businesses are using social-net-
working sites tobuild their brandimage and tomaintain contactwith like-mindedcompanies andclients
One site in par-ticular LinkedIn isgeared specificallyfor professionalsand entrepreneurs and now boasts morethan 36 million members in 200 countries
GONE PHISHINGThere is a problem prevalent on e-
mail known commonly as lsquophishingrsquo
Phishing occurs when a fraudulent mes-sage urges you to visit an internet link toverify passwords account information orother personal or private details
Your participation provides crookswith access to your bank accounts for in-stance which they promptly empty
Other thieves donrsquot need to phish bye-mail thanks to social networking Mostpeoplesrsquo passwords for their logins orbank accounts are the names of their kidsor pets PIN numbers are often signifi-cant dates such as birthdays and anniver-saries If that type of information is post-ed on your Facebook page it is literally avirtual bonanza for thieves
Social networking sitesalso seem to appeal to sexu-al predators so keep an eyeon your children as theyuse these types of sites
According to Wikipediathere are now over 200 so-
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
15NOT-SO-SOCIAL NETWORKING
When I was a kid we had Windows 95and we talked to people ndash and we liked it
Topics
zsaca I 1-877-681-0706
Elizabeth Borrill I eborrill zsaca
in change
Wersquore yourpartner
Mike Bowerbank
cial-networking sites online and manypeople are on more than one
FACE TO FACEBOOKFacebook has become the most popu-
lar social-networking application Morethan 200-million users take quizzes up-load pictures contact long-lost friendsand post status updates letting peopleknow what theyrsquore doing from day today
Prospective employersalso use Facebook to look upapplicants Remember thatcandidate who was dressedto impress in your office dur-ing the interview andseemed so eloquent Thatrsquosthe same guy whose Face-book profile photo showshim passed out on the street wearing atutu with a status update that reads Party
Naked
Personal-injury lawyers use Facebookto disprove disability claims One case in-volved a person on leavefrom work because theyclaimed they were toosore to use a computerBy logging onto Face-book opposing lawyerswere able to dispute theclaim by demonstratinghow the injured personused computers regularlyto update their Facebook page Policehave used both MySpace and Facebookto check for probation violations andweapons being brandished in public
If you think your profile is only opento other Facebook users think again OnJune 12th Facebook enabled your profilepage to be viewed as a web page Theformat is wwwfacebookcomusernameand you no longer need a Facebook ac-count to view a memberrsquos profile page
TWITTER TWEETS AND TWITSJust when you thought Facebook had
taken things far enough into the ldquotoomuch informationrdquo realm along came anapplication that is the new killer appTwitter is basically a bare-bones text-based social application made with cell
phones and Blackberries in mind Youbroadcast short messages (140 charactersmaximum) known as tweets to yourworld
Twitter has become the third most-popular social-networking applicationbehind Facebook and MySpace respectively
Twitter like all social applications hassome good practical uses For examplein this recent election in Iran Twitter be-
came the organizing tool of choice for thepro-reformist camp using it to makeprotest arrangements and send globalmessages slipping these past censors(The Iranian government promptly re-
sponded by blocking Twitter and Face-book in the country showing the vulner-ability of both mediums)
While the horrific scene unfoldedduring the 2008 Mumbai attacks in In-dia an estimated 80 tweets were sent ev-ery five seconds People on the scene ofthis terrorist bombing and shooting usedtheir tweets to help compile a list of ca-sualties and to broadcast the location ofhospitals that needed blood donations
In the legal world Twitter allowslawyers in court to provide minute-by-minute information to other lawyers backat the firm This enables assisting lawyers toprepare appropriate materials as needed
With those notable exceptions ac-knowledged one canrsquot help but comparethe pragmatic uses to the vast majority of
Twitter users who consider standing inline at Tim Hortonrsquos post-worthy or thatthere is a terrible smell coming from theirfridge Twitter is used mostly as a narcis-sistic tool so that the world can know ofyour daily happenings ndash sort of a way tobe the star of your own reality show
LIKE OMGSocial networking can be fun and
useful if used sparingly and casually In-stead of getting out andmeeting each other peopleare using social networkingsites to look for love com-panionship and even extra-marital affairs And theysay romance is dead
If you joined Facebookjust to see what your kids
are up to be forewarned that you mightactually find out and wish you hadnrsquot
Donrsquot spy on your kids talk to themYou know with actual spoken words likethey used to do way back in the 20th
CenturyWhen your com-
puter screen becomesyour main window tothe world and literallybecomes your sociallife you might be ad-dicted Such an addic-tion is as serious as-andno easier to overcome
than-other addictions like gambling As the world becomes increasingly
connected it seems that people in societybecome increasingly isolated socially Itrsquosthe paradox of modern communicationand contributes to a large part of the rea-son why Generation Yndash the Millennials ndashusually excels at technology but generallylacks in social skills
If this trend continues and more peo-ple live online good social skills may endup as extinct as the 525rdquo floppy driveand the game Pong
I know Irsquom writing some things towhich online addicts may object but Idonrsquot expect to hear from them aboutit
They only read things that are 140characters or less OMG LOL
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 16
PHILI
PBA
RKER
ART
IST
When the Vancouver OrganizingCommittee for the 2010 Olympic
and Paralympic Winter Games (VANOC)sets up its on-the-ground operations inearnest this fall and winter itrsquoll be mak-ing room in a downtown Vancouver ho-tel in early February for a special Gamesdivision of the Court of Arbitration forSport (CAS) supervised by a city lawyerwho is well-known in the Olympicsmovement
The International Council of Arbitra-tion for Sport (ICAS) which is based inLausanne Switzerland is the fund-rais-ing and administrative body that tookover from the International OlympicCommittee as the Courtrsquos supervisory organization
The IOC launched the court in 1984to settle disputes amongst its sports feder-ations but within its first decade theIOC became increasingly criticized forthe strength of its influence over thecourt The ICAS was formed in the mid-1990s to create independence and an ad-ministrative structure for the courtrsquos in-creasing activities
Three permanent courts exist ndash Lau-sanne Switzerland (where the IOC isalso headquartered) New York and Syd-ney Australia But the ICAS also estab-lishes ad hoc courts such as the one forthe 2010 Games as needed The CASuses about 300 arbitrators from 87 coun-tries and handles about 200 cases a year
The CAS for the Olympic portion ofthe 2010 Winter Games will include ninelawyers acting as arbitrators to operatein the Renaissance Vancouver HotelHarbourside at 1133 West HastingsStreet from February 2 10 days beforethe start of the Games to February 28the day of the Olympic Closing Ceremo-ny
The Renaissance is one of three bigdowntown Vancouver hotels ndash includingthe Bayshore and the Pinnacle a corpo-rate sister of the Renaissance that is locat-
ed right across West Hastings street aswell as the Vancouver Club ndash thatVANOC is taking over completely duringthe Olympic portion of the Games sothey can be used by the IOC and its re-lated organizations
On March 26 the ICAS formally ap-pointed Tricia Smith ndash Vancouverlawyer and partner of Barnes Craig ampAssociates ndash as its liaison officer withVANOC In this role Smith will carry re-sponsibility for the relationship and com-munication between ICAS CAS andVANOC between now and when theOlympic portion of the Games wraps upin early March
Smithrsquos legal experience communityinvolvement and sports backgroundmake her an excellent candidate for thisrole
Although her law practice focuses onmanaging claims for liability insurers andproviding risk-management consultingshe is also a sports arbitrator with anabiding interest in the Olympics
Smith has been a member of the ICASsince 2001 She was unsuccessful in aclosely fought contest with Marcel AubutQC OC a Quebec City-based lawyerwith Heenan Blaikie in a bid this pastspring to replace the Canadian OlympicCommitteersquos (COC) current presidentMichael Chambers when his term endsafter the 2010 Games she will remain onthe COCrsquos Executive Committee as theorganizationrsquos vice president workingfirst with Chambers later with Aubut
Smith is also a four-time Olympianand medallist in rowing the founder andpast president of Olympians BC and vicepresident of its parent organizationOlympians Canada
Smith remains a member of the Exec-utive Committee of the InternationalFederation of Rowing Associationswhich is also headquartered in Lausanneand chairs its Womenrsquos Rowing Cross-Commission
She is also a former member of theBoard of 2010 Legacies Now which wasoriginally formed by the BC govern-ment to be the armrsquos-length implementerof several major social goals of the gov-ernment connected with the Games
Although 2010 Legacies Now contin-ues to work on those goals with the helpof various companies connected to the2010 Winter Games and others and al-though it receives the majority of its fund-ing from Victoria it is now a fully inde-pendent society
The CAS usually involves panels ofthree arbitrators each and they deal witha wide range of issues involving the intri-cacies of relationships between the nu-merous international sports federationsthat the IOC supports through fundsgenerated by sponsorships and Olympicgames and it often deals as well with ap-peals from decisions by the federationsthat affect their athletes
Its work in the controversial field ofanti-doping gives the CAS its highest visi-bility For example just this past June itworked out the appropriate suspension ofGerman ice-hockey player FlorianBusch who made the mistake last De-cember of refusing to provide a urinesample when a doping-control officerknocked on his apartment door a sur-prise test is a known and standard part ofthe International Ice Hockey Federa-tionrsquos procedures for out-of-competitiontesting
Though he took the test a couple ofhours later and it was negative forbanned substances it was too late Therewas a plethora of subsequent legal argu-
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 17BAIRNES CRAIGrsquoS TRICIA SMITH TO SUPERVISE
A sophisticated new court will be set up indowntown Vancouver for the 2010 Games
ments and appeals from various bodiesabout which one should sanction himand for how long
The CAS sorted through the compet-ing claims and ruled that he would re-ceive a two-year suspension effectivelypreventing him from competing in the2010 Games
Perhaps one of its most famous caseswas a decision to uphold a life-time banon taking part in Olympic winter gamesimposed by the IOC against three of fourmembers of the Austrian Nordic skiingteam attending the Torino Italy WinterOlympics in 2006 for allegedly sharingldquocomplicity to violate anti-doping rulesrdquo
Eventually the CAS court commuteda similar ban to the fourth member of theteam to a four-year suspension ndash it endsjust after the 2010 Games ndash after review-ing his lesser role in the affair
When the Olympic Games are under-way the Athlete Villages in Vancouverand Whistler and any separate apart-ments used by Olympic athletes theirteam coaches and related officials have akind of diplomatic separation from thecriminal laws of the host country when itinvolves things such as drugs where con-victions in some countries carry thedeath penalty The IOC as part of itsthicket of legal agreements with hostcountries obtains the authority to lookafter anti-doping cases on its own termsduring the Games The deal usually in-volves the local police going in with IOCinvestigators each with their own juris-diction
The cases can be deadly serious Theanti-doping case that involved the CASstemmed from a joint IOC-Italian policeraid on the rooms of the Austrianbiathlon and cross-country squads onFebruary 18 2006 in the teamrsquos privatequarters in the Italian Alps while theTorino Games were underway
The IOC later reported that 80 medi-cal devices including advanced medicalequipment were found in the apartmentalong with used syringes blood bagsblood-transfusion equipment and evenbloody handkerchiefs
In 2010rsquos case once the Games arefinished the CAS court goes too
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 18FIRM LEADERSHIP THROUGH UNCERTAIN TIMES
Leading your firm through the difficultdilemma of terminations or layoffsBy Tim Wurtz Administrator Baker Newby LLP
Our profession and the world at largebuzzes with the employment impli-
cations of our general economic slow-down Whether you face small adjust-ments to your work force or a larger scalelayoff to control that salary expense lineitem leadership before during and afterany termination plays a central role inhow your firm will weather any fallout asa result of constraints to your work force
LawShuckscom reports that 125 ma-jor law firms around the globe have an-nounced or conducted layoffs The com-bined total is 10723 people 4015lawyers and 6708staff Most law firmson that list thank-fully do not haveany significant rec-ognizable namesfrom our BCLMAnetwork however all local firms whospoke with me are cautiously managingtheir salary expenses
While most research and surveys thatexamine the long-term effects of downsiz-ing indicate that companies that cut staffend up disappointed with the resultsmany of us will face formulating staffingstrategies to control costs Layoffs mayserve a short-term need but create largerlong-term issues Nonetheless we mustmanage and lead as directed by our Part-nership or Managing Committees
I am sure my fellow Administratorsand HR Managers will agree that an im-pending termination on any scale canconsume the workday We complete thenecessary forms derive suitable severancepackages develop plans to reassign workor alternatively reinvigorate the recruit-ment process to find a suitable replace-ment While we focus on the person orpersons being terminated we might over-look and forget or ultimately deny an im-portant aspect of the overall process ndash the
employees we keepThe Law Practice
Today section in theJanuary edition ofthe ABA Law Prac-tice Management in-cluded an article byJaffrey C Connerconcisely summariz-ing the point that fu-ture success of a firm depends largely onthe leadership of management after anylayoffs have been made
The workplace mood becomessomber People ask themselves ldquoAm Inextrdquo There will be a significant amount
of distrust of man-agement and anxi-ety over subsequentjob losses Thesefeelings must betempered by astrong unified mes-
sage from Management It is reasonableto admit the future is uncertain and thatevery effort will be made to ensure astrong and viable law firm well into thefuture Also tell the staff that this uncer-tainty will undoubtedly result in difficultdecisions after every possible alternativehas been considered
Terminating employees is a decisionthat is never made lightly To be an effec-tive leader you need to reinforce that alloptions were considered prior to layoffsUnder conditions of economic uncertain-ty the contribution of leadership is notsimply to inspire or build confidence butrather to solve problems and make ap-propriate strategic decisions
I learned an important lesson at lastyearrsquos BCLMA Conference Peter deJager a specialist in Change Manage-ment said in the closing session ldquoPeopleactually are not resistant to change theyare resistant to the way change is broughtaboutrdquo
Some employees consider termina-
Tim Wurtz
ALL LOCAL FIRMS ARECAUTIOUSLY MANAGINGTHEIR SALARY EXPENSES
tions or layoffs as drastic and developstrong feelings against managementLeaders must remain aware of the per-ceptions of their Partnership BoardManagement ndash and staff All three groupsinfluence a leaderrsquos ability to implementchange specifically to bring about signifi-cant staffing reassignments
Much literature exists about the dis-tinction between leaders and managerswith leaders having vision and creativityand managers focusing on improving ef-ficiency Leaders should exercise dili-gence toward gaining an understandingof their capacity within the organizationto properly apply leadership theories ifappropriate
During uncertain times we need tothink about adaptive and situational lead-ership-the right person with the rightstyle for the right situation Mining theInternet and academic journals for de-scriptions of leadership styles yields hun-dreds of words typically used to describe
a vast variety of leadership traits andtechniques
Two styles reside on opposite ends ofthe spectrum Visionary Leaders and Au-thoritative Leaders A visionary leaderpossesses a charismatic personality em-braces a democratic approach to the de-cision-making process and tries to en-gage staff in ongoing strategic initiatives
An authoritative leader prefers au-tonomous control over decision-makingmotivates employees using various formsof intimidation shows reluctance at relin-quishing control and fails to actively seekfeedback throughout management pro-cesses During difficult and emotionalstaff terminations and re-assignments theenormous grey area between these two
styles is required to carefully steer yourship through difficult waters
Use components of visionary leader-ship to bring employees into the world ofdecision-making Solicit ideas Listen towhat staff say when you introduce cost-saving measures For employees who areterminated or laid-off consider outplace-ment services a mutually agreeable refer-ence letter and perhaps access to thefirmrsquos resources or referral networks sothey can actively seek other employmentFor employees who are retained and pos-sibly required to assume additional re-sponsibilities for the same or less paythink about new benefits you can offerthem such as additional training andsupport
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 19
TERMINATIONS OR LAYOFFS ARE ABOUT LOSS BUT THEY ALSO CREATE OPPORTUNITYFOR US AS LEADERS AND MANAGERS
JAM
ESTH
EW
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Use aspects authoritative leadership toreinforce the notion that difficult deci-sions are inevitable that assuming issuesassociated with terminations or downsiz-ing will solve themselves over time is irre-sponsible It is important not be per-ceived as laissez-faire in yourmanagement capacity and to clearly es-tablish that while difficult the decisionsmust be respected
We are expected to possess the skills toproperly and compassionately deliver badnews to staff As managers it is our dutyto be knowledgeable of how people willreact and deal with the ramifications ofour actions Often the problems in work-force reductions arise when people donrsquotsee logic in why they were laid off andothers kept their jobs People draw theirown conclusions
I know first-hand that remaining stafftypically formulate their own complextapestry of reasons to explain why some-one has been let go These conclusionscanrsquot include aspects of the decision-mak-ing process to which they are not privy
It is counter-productive however toargue with this mentality as they are typ-ically emotionally driven conclusions Ra-tionalization may serve to further fuel thefire of distrust of management
However we cannot ignore it entirelyeither We will need to address the ru-mours and speculation either as a groupor one-on-one
Terminations or lay-offs are aboutloss but they also create opportunityfor us as leaders and managers Ourwords and actions can inspire loyaltyand enthusiasm Vision and authoritymake great bedfellows in any leaderrsquosarsenal of tools but sustainable law-firm profitability and excellence takes aconcerted effort on any managerrsquos partto become and remain the leader that isthe glue in the firmrsquos organizationalculture
Leaders must be honest and trans-parent about current conditions whilstremaining positive and reassuring En-gage Consulting Solutions in its publi-cation Engaging Employees in Uncertain
Times suggests that you must counteractpervasive negativity by providing clear
consistent messaging about the firmrsquosreality regardless of the reality In addi-tion focusing on programs that pro-mote recognition employee wellnesslearning and development are also seenas crucial to reducing the uncertaintywhile increasing retention and engage-ment
The July-August 2009 issue of The
Harvard Business Review lists new requiredleadership skills particularly vital in ourclimate of economic uncertainty 1) Foster Adaptation ndash For instance de-
velop ldquonext practicesrdquo in addition tocontinuing with current best practices
2) Embrace disequilibrium ndash While thisseems to depart from traditional lead-ership efforts to create a harmoniousequilibrium it is suggested you keepstaff in a state that creates enough dis-comfort to induce change but not somuch that they fight flee or freeze
3) Generate leadership ndash Give employ-ees at all levels of the organizationthe opportunity to lead departmentsor firm initiatives that will help itadapt to changing timesA suggestion to Administrators and
HR managers struggling with difficult sit-uations Ensure you take care of yourselfthroughout these dynamic times Cam-bridge Leadership suggests that you 1) Give yourself permission to be both
optimistic and realistic2) Find sanctuaries where you can reflect
on events and gain perspective 3) Reach out to trusted confidants with
whom you can speak openly 4) Bring more of your emotional self to
the workplace noting that appropriatedisplays of emotion can effect change
5) Do not lose yourself in your role nordefine yourself through a single en-deavourThrough these uneasy times we must
skillfully balance the profitability of thepartnership with a healthy organizationalclimate for the firm
They are not mutually exclusive dur-ing economic uncertainty but do requirecareful planning and actions by law firmmanagers to advance our stature withinthe decision-making process to that of alaw-firm leader
dentials except for affidavits and orders Efficient ndash Law firms will like the ease
and convenience as well as the effi-ciencies gained E-Filing allows you tofile retrieve and electronically searchfiles from your office or home It sim-plifies document preparation for of-fices by eliminating the need to printand prepare multiple copies of docu-ments for filing After submitting your documents you
can check on the status at any time sim-ply by logging in at CSO If requestedCSO will automatically send an e-mailnotification as soon as the registry hasprocessed the document
Once the registry accepts the e-Fileddocument it is electronically stampedYou can then download the documentfor your files Enviromental ndash E-Filing can offer a
greener solution for offices by eliminat-ing the need to print and prepare mul-tiple copies of documents for filing As a result your office can use less
paper E-Filed documents do not need tobe physically transported thereby reduc-
BC Court E-Filing from Page 10
Topics 20
ResourcesE-Filing is available for most types of docu-
ments For e-Filing rules refer to SupremeCourt Rule 69 which is athellip
lthttptinyurlcomnasoj9gthellipand Small Claims Rule 22 located
at lthttptinyurlcoml7ch8ggtThere are quite a few Rules on each of these
web pages so once you arrive use your brows-
errsquos Find command to quickly search the page
for the text Rule 69 in the one case or Rule22 in the other
You can register for a CSO account online
through the CSO website atltwwwcourtservicesonlinegovbccagtor if you are a BC OnLine user through BC
OnLine at
lthttpswwwbconlinegovbccagtPlease visit Court Services Online at
wwwcourtservicesonlinegovbcca Questions can be e-mailed to
CourtsCSOgovbcca
E-Filing to Page 21
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
By Michael J Anderson Principal Innovative Consulting
Sometimes whenwe have our
heads down justploughing awaythrough the fires onour desk we losesight of the funda-mental things thatwe should do togrow our practices
Wersquore not talkingabout huge expensive or complex mar-keting strategies here We are just remind-ing you of the basics Several of you prob-ably already do many of these thingsseveral of you probably plan to do manyof these things Our hope is that this listwill remind you of what it takes to expandyour practice and spur you on to turnyour best intentions into best practicesWe also hope that you will gain some newideas and insights
The following in no particular order
is provided as a checklist for what youmight want to do to become more profitable
1Get out of the office Every great RainMaker will tell you that you must meet
with your current and potential clients of-ten either on their turf or on neutralground
2The old 8020 rule still applies Yes 80of your new work will probably come
from 20 of your current clients Do youknow which of your clients provide youwith the most work If you do how areyou building on that relationship We seetoo many firms and lawyers spendinggobs of time and money trying to attractan elusive new big client Your best tar-get for success is the client you alreadyknow and who already knows you
3Just say ldquoNordquo Being fearful of whereour next file will come from makes us
want to accept every possible bit of workthat might come in the door whether thework is profitable whether we have goodprospects for getting paid whether it is anarea of law in which we are comfortableor whether our time could be better spentattempting to land the work that we reallywant at rates that will help us to succeedIt seems to be the credo for many lawyersthat ldquoThey have never met a dollar theydidnrsquot likerdquo Instead ldquoFocus on the goodstuffrdquo as professional-business consultantDavid Maister would say
4Budget your time and money Typically alawyer works about 2500 hours each
year roughly split between 1400 billablehours and 1100 non-billable hours Thenon-billable time is broken into segmentsfor management associate training per-sonal education research and marketingWe suggest that every lawyer allows forabout 600 hours per year for marketingtheir practice with a marketing budget ofbetween 2 and 5 of their gross rev-enues The marketing should include ad-vertising website creation and mainte-nance marketing-skills training andclient promotion-among other things
5Get involved We have a moral duty togive back to our communities
Choose a charity community group po-litical organization or business associa-tion that you enjoy and is important toyou Many of these types of groups are
looking to add a lawyer or two to theirboards In addition to contributing to agreater common good you will also net-work with other successful business peo-ple
6Market internally Ensure that everyonein your firm knows all of the facets of
the work you are capable of handling theareas in which you are looking to expandand your availability to handle the workAsk your partners about possible cross-selling opportunities Since cross-selling isa two-way street look at your own clientlist for possible situations to offer yourpartners For younger lawyers internal
marketing is possibly the only marketingthat they can do as their peer group hasnot yet risen to positions or situationswhere they can direct legal files to theirfriends Every young lawyer should askthe more senior members of their firm forwork on a weekly basis A lot of work willtransfer down to them if they prove theycan handle it
ing fuel consumption and its environ-mental impact Inexpensive ndash An office can reap sav-
ings from e-Filing through reducedprinting costs as well as reducedcosts from delivering documents tothe registry particularly when fil-ing beyond the local registry There is a $7 e-Filing transaction
fee per filing package regardless ofwhere the document is filed A filingpackage is any number of documentsbeing e-Filed to the same court file atthe same time The transaction feeand any applicable statutory filing feesare paid online through a BC OnLine
deposit account or with a credit card With all of these positive reasons
to e-File why not give it a try Go on-line today to view a demonstration ofhow to e-File to an existing court fileor how to use e-File to start a newcourt file
15 ideas for improving your practice
BC Court E-Filing from Page 20
21Topics
Michael Anderson
HOW DO FIRMS USE ON-LINEVIDEO TO VIEW AN
EFFECTIVE USE OF THISMEDIUM VISIT TORYrsquoS
WWWTORYSCOMVIDEOCENTERPAGESDEFAULTASPX
SINCE CROSS-SELLING IS ATWO-WAY STREET LOOK ATYOUR OWN CLIENT LIST FOR
POSSIBLE SITUATIONS TOOFFER YOUR PARTNERS
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
7Go to school Many lawyers can benefitgreatly from marketing training or
personal coaching In the old days a se-nior partner would grab an associate bythe scruff of the neck drag them toclient lunches and warn them to just sitthere keep their mouth shut and learnAnd they did learn Similarly we needto develop ways to share the marketingskills that already reside within ourfirms especially for our youngermembers
8Create a ldquoDream Listrdquo In aperfect world who
would you have as clientsand what type of workwould they send you Onceyou have the list startstrategizing on how youcan get an introductionand what you would saywhen you finally meetthem Why should theyhire you What will set youapart from your competi-tion After all many clientsfeel that most lawyers arethe same ndash they point tolaw firm websites andbrochures where you willsee that most of them at-tempt to sell ldquoBetter Fasteramp Cheaperrdquo Differentiateyourself Innovate
9Research Do you trulyunderstand your clientsrsquo
core needs What issueskeep them awake at nightand what can you do tohelp them Use the Inter-net to gather informationabout your current and po-tential clients Use that datato customize your proposalto them This demonstratesan understanding of theirbusiness and a commitment tohelp them enhance it
10CRM Institute a Customer Relation-ship Management program that will
track who when how and what the nextsteps are in your marketing strategy A sim-ple and inexpensive option like MicrosoftOutlook or a more legal-specific option like
Amicus Attorney will get your started
11Write write and write some more Createa perception of expertise by writing
topical articles and getting them pub-lished in relevant print or online maga-zines newsletters and blogs
12Leverage your writing Create a mailingor even better an e-mailing list of
clients and potential clients and send
them copies of the articles that you writeThe goal is to have them say ldquoThis onesure seems to know their stuffrdquo Thenhave the article placed in a strategic loca-tion on your website so that visitors will
also see that you have expertise Take itone step further and create a seminarpresentation or speech using the article asthe basis Undertake each at the personalgroup or firm level ndash or all of the above
13Leverage your people How many timeshave we heard ldquoPush the work
down and free your time to do the moreimportant stuffrdquo Why do many of us still
resist that strategy Whether you are ina large firm with associates or a
sole practitioner with parale-gals use junior practitionersto a greater degree Usingleverage will make youmore profitable and freeyour time for more impor-tant things
14Web support Amongother things websites
are the brochures of the newmillennium Is your websitesupporting your marketingefforts or is it just a neces-sary expense The most ef-fective sites have a lot incommon they are builtfrom a clientrsquos point of viewthey are informative and ed-ucational they display yourexpertise they have person-ality they are well ldquotaggedrdquoto be picked up in Googletype searches and usevideos effectively
15 Discipline Sometimesour best intentions lack thediscipline to carry out whatwe know we need to doDevelop a strategy with atimetable to accomplish theplan Start with this check-list and add to it as youprogress along the road to
growing your practice Wehope that this will help you to
focus on the issues that are mostimportant for you and your firm go-
ing forward
Michael J Anderson is a principal in Inno-
vative Consulting Hersquos based in Vancouver and
can be reached at 6042724222 or at
andersoninnovativeconsultingca
Topics 22
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
SUMMER 2009
Editor Stephanie MarshManaging Editor Designer Peter Morgan
This issue is also available in PDF format atlthttpwwwbclmaorggt
Topics Archive amp Indexlthttpwwwbclmaorggt
Editorial copy 2009 BCLMA CANADA
Published by MORGANNewsletters 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 BC It is the BCLMA lsquos goal toprovide educational and networking opportunitiesto 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
NEWSLETTER SERVICES
TOPICS is a public newsletter We will be pleased toadd you to our mailing list for this newsletter Pleasecontact the Editorial Committee Chair or any mem-ber of the Editorial Committee listed on the left forcomments on any of these articles or to offer sugges-tions for articles in future issues or for adjustments tothe circulation list Comments are always welcome
REPRODUCTION RIGHTS
Topics is copyrighted however we encourage you tocirculate or copy this material unmodified for yourown internal or private use You may freely quoteany article or portion of article but it must be ac-companied by attribution Quoting any article orportion of article without attribution is prohibitedThe newsletter its contents or its material may notbe sold intact or modified nor included in anypackage or product offered for sale
EXECUTIVE Stephanie Marsh President
Fasken Martineau2900 550 Burrard StreetVancouver Canada V6C 0A3D 6046314767F 604-631-3232SMarshFaskencom
Jan Whyte Vice-President
Murphy Battista2020 650 West Georgia StreetVancouver BC V6B 4N7D 6046333811F 604-683-5084WhyteMurphyBattistacom
Gary Carter Director
Paine Edmonds LLP1100 510 Burrard StreetVancouver BC V6C 3A8P 6046831211F 604-681-5084GCarterPaine-Edmondscom
Cindy Hildebrandt Director
Richards Buell Sutton LLP700 ndash 401 West Georgia StreetVancouver BC V6B 5A1P 6046823664D 6046619267F 604-688-3830CHildebrandtrbsca
Evenna Liu Director
Oyen Wiggs Green amp Mutala LLP480 ndash 601 Cordova Street WVancouver BC V6B 1G1D 604-676-9074F 604-681-4081ELiuPatentablecom
Barb Marshall Director
Fasken Martineau2900 ndash 550 Burrard StreetVancouver BC V6C 0A3D 6046314991F 604-631-3232BMarshallFaskencom
Angela Zarowny Treasurer
Direct 6043510124azanddzShawca
Jane Kennedy Administrator amp Membership Services
BCLMA
PO Box 75562RPO Edgemont VillageNorth Vancouver V7R 4X1P 6049881221F 604-988-1221MembershipBCLMAorg
SUBSECTION LEADERS
Facilities amp Service ManagementJanice McAuley Co-Chair
Lawson Lundell LLP1600 ndash 925 West Georgia StreetVancouver Canada V6C 3L2D 604-631-9254F 604-669-1620JMcAuleyLawsonLundellcom
Lorraine Burchynsky Co-Chair
Boughton Law CorporationSuite 700 ndash 595 Burrard StreetVancouver Canada V7X 1S8D 6046474162P 6046876789F 604-683-5317LBurchynskyBoughtonca
FinanceSheila Tham Co-Chair
Watson Goepel Maledy LLP1700 ndash 1075 West Georgia StVancouver BC V6E 3C9P 6046881301F 604-688-8193SThamWGMlawcom
Linda Lucas Co-chairDavis LLP2800 Park Place 666 Burrard StVancouver BC V6C 2Z7D 6046436305F 604-687-1612E LLucasDavisca
Human ResourcesTina Giallonardo Chair
Miller Thomson LLP1800 840 Howe StVancouver BC V6Z 2M1P 6046872242F 604-643-1200TGiallonardoMillerThomsonc
Knowledge ManagementGreg Christensen Chair
Fasken Martineau2900ndash550 Burrard StreetVancouver Canada V6C 0A3D 6046314993F 604-631-3232GChristensenFaskencom
MarketingRecruiting
Small FirmsSharon Kwong Wah Chair
Young Anderson1616 ndash 808 Nelson StreetVancouver Canada V6Z 2H2 D 604-689-7400F 604-689-3444KWongWahLYAbcca
TrainersRuth-Ann Spencer Co-Chair
Bull Housser amp Tupper LLP 3000 1055 West Georgia Street Vancouver BC V6E 3R3 D 6046414921 F 604-646-2638 RASBHTcom
Lisa Dick Co-Chair
Fasken Martineau 2900ndash550 Burrard Street Vancouver V6C 0A3 P 6046313131 F 604-631-3232 LDickFaskencom
Technology Aaron Fahlman Co-Chair
Fasken Martineau2900 550 Burrard StreetVancouver Canada V6C 0A3D 6046314960F 604-631-3232AFahlmanFaskencom
Aaron Zuccolin Co-Chair
Watson Goepel Maledy LLP1700 ndash 1075 West Georgia StreetVancouver BC V6E 3C9 D 6046425661F 604-688-8193AZuccolinWGMlawcom
EDITORIAL COMMITTEE
Bob Waterman Chair
Richards Buell Sutton LLPD 6046619241F 604-688-3830BWatermanRBSca
Stephanie Marsh Editor
Fasken Martineau2900 550 Burrard StreetVancouver Canada V6C 0A3D 6046314767F 604-631-3232SMarshFaskencom
Mike BowerbankBurnabyMikeYahoocom
Lorraine BurchynskyBoughton Law CorporationSuite 700 ndash 595 Burrard StreetVancouver Canada V7X 1S8D 6046474162P 6046876789F 604-683-5317LBurchynskyBoughtonca
Paula ButlerBarrister amp Solicitor200 100 Park RoyalWest Vancouver BC V7T 1A2P 6047820373F 604-983-0372PButlerPaulaButlercom
Tim WurtzBaker Newby LLP9259 Main StChilliwack BC V2P 6K2P (1) 6047921376F (1) 604-792-8711TWurtzBakerNewbycom
BCLMA EXECUTIVE amp SECTION LEADERS
DENN
ISCO
X
BC Legal Management Association
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Dependability Dedication ExperienceNo matter the discipline the demands
are the same
At Ricoh wersquove spent the last 70 years
honing our skills chiseling out the very
definition of what it means to be the best in
WORLD CLASS OFFICE SOLUTIONS
1888RICOH 1ST bull ricohchampionsca
multifunction systems bull colour bull high volume bull fax machines bull printers bull scanners
What it takes to be a
CHAMPION
Mult i funct ion Colour
High Volume Printers
Scanners Fax Machines
copy2007 Ricoh Canada Inc
The NrsquoAwlins Po Boys created authenticand lively Southern sounds with featuredfiddle and soundbox The Gumbo Trio
with their banjo horn and stand-up bassplayed Dixieland and Jay-Ray amp Gee ana capella group of New Orleans streetsingers from the French Quarter famousfor doo-wop strolled throughout the halldeftly putting the bop in the bop shoobop shoo bop for all of us
On Wednesday night we attended theFinale Party the theme Masquerade Wear-ing painted or feathered masks we boardedshuttle buses to Mardi Gras World anevent location filled with hundreds of sculp-tures giant figurines and parade floats
Rockinrsquo Dopsie Jr amp the Zydeco Twisters
got the crowd dancing with their uniquebrand of music Zydeco is a sort of melod-ic gumbo concocted from CajunAcadianmusic Afro-Caribbean rhythms andmelodies and blues In another area The
Jamil Sharif Quintet played smo-o-o-othjazz Indigenous music played every-where both inside and outside of the con-ference centre the entire week
THE CITY STILL RECOVERING THRIVESWhile some outer districts still show
evidence of Hurricane Katrina New Or-leans proper is beautiful and thrivingThe French Quarter is exquisite
Tall doors and shutters accent hotel andstore fronts Wrought-iron railings support-ing hanging baskets bulging with ferns andflowers trim second and third floor bal-conies Lush palms fill narrow courtyardsnestled between brick buildings Gas-fedlanterns still light many streets
Some delegates arrived a day or twobefore the conference or stayed on a fewdays after to enjoy some of the manyguided tours to plantations swamp landsor through the city itself
GREAT EVENT
We applaud our colleagues south ofthe border on the success for their 38thannual conference
Be sure to mark your calendar forBCLMArsquos own conference Oct 21ndash232010 in Vancouver BC
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 8
CONVEYMASTER
Ask us about our bull $25 pay-per-conveyance bull plan
Tel (800) 667-0332 or (604) 685-1078Fax (604) 685-9370
Go with the best Home Page wwwsaicaGo with ConveyMaster Email infosaica
Conveyancing SoftwareNew EFS Module
FUTURE ALA CONFERENCES
2010 May 3 ndash 6 | Boston Massachusetts2011 May 23 ndash 26 | Orlando Florida2012 April 23 ndash 26 | Honolulu Hawaii2013 April 15 ndash 18 | National Harbor Maryland (Washington DC area)
All that ALA Jazz from Page 6
The BCLMA hosted a sold-out event atStanley Parkrsquos Fish House and nearby
Pitch lsquonrsquo Putt on June 18More than 40 people golfed nine holes
beneath the late afternoon sun Theythen joined the more than 30 diners atthe restaurant for another successful sum-mer event
Mills Basics and ZSA were the gener-ous sponsors Brad Mills and Chad Ege-land of Mills Basics and Elizabeth Borrilland Dragana Milisic of ZSA were in attendance
HIGHLIGHTSPenny Harvie announced her upcom-
ing retirement from Fasken Martineauafter 22 years at the firm Penny will stayon at the firm until the end of July atwhich point she will enjoy the summerand consider her next life chapter
Another highlight included welcomingJohn Hawke back to the BCLMA after atwo-and-a-half year sojourn to work at anengineering firm John has taken on therole of Chief Operating Officer at LangMichener
PRIZE WINNERS GALORE Brad Mills (Mills Basics) Ernie Gau-
vreau (Gowlings) Donna Oseen(Alumni) and Ken Brennan (Gowl-ings) who posted the Best Team Scoreof 142
Sam Mann of Singleton Urquhartposted the Best Individual Score ofjust 28 and Agustino doSouto ofHarper Grey handed in the MostHonest Score (We agreed not to pub-lish the actual score)
Event sponsors and other vendors pro-vided door prizes
John Hawke (Lang Michener) won apersonal shredder courtesy of MillsBasics Carina Bittel (Clark Wilson)won a bottle of champagne courtesy ofZSA and
Roy Boal (Blakes) and Shirley Mad-
den (firm) each won gift certificates toMarquis Wine Cellars
BCLMA DOOR PRIZE WINNERSAs with every one of our social events
the BCLMA provides door prizes Herersquoswho won Cineplex Odeon Theatres ndash Penny
Harvie (Fasken Martineau) Starbucks ndash Raf Sansalone (BLG)
Julie Wong (firm) iTunes ndash Robbin Myers (firm) Cactus Club ndash Dave Bilinsky (Law So-
ciety) LCBO ndash Agustino doSouto (Harper
Grey) The Bay ndash Sarah Glazzard (Lang
Michener)
ANOTHER GREAT EVENTThank you to everyone who attended
this fun event Your participation makesour events continually successful
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
MAKING THE MOVEShellip
WELCOME NEW AFFILIATES
Kristie Hedges Alexander Holburn Beaudin amp Lang LLP Human Re-sourceshellip Karen Jenkins Stikeman Elliott LLP Technologyhellip Dan
Phung Stikeman Elliott LLP Technologyhellip Tammy Marchinkow PaineEdmonds LLP Finance
WELCOME NEW REPRESENTATIVES
John Hawke has returned to the BCLMA and has joined Lang Michener asChief Operating Officerhellip Andrea Pantages is the new Administrator at
Mandell Pinderhellip Jessica Melson is the Assistant Office Managerat Hartshorne amp Mehl
In accordance with our bylaws firms are the BCLMArsquos Members Representatives were
formerly known as Full Members Affiliates were formerly known as Subsection MembersThe
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
BCLMA SUMMER EVENT
40 golf and 70 dine at successful sold-out sensation of our June social at the Stanley Park Fish House
Penny Harvie to retire
Topics 9
By Court Services Branch Staff BC Ministry of the Attorney General
Over recent years wersquove seen an in-crease in online options in every-
thing from online shopping to e-filing ourincome taxes Chances are most of ushave used these types of services
Increased environmental conscious-ness pressures to be more efficient andexpectations for anytime-anywhere accessmean that online interactions are increas-ingly demanded and offered It is in thisspirit that Court Services Online (CSO) wasdeveloped and within that e-Filing forcivil court documents
CSO e-File service allows you to sub-mit electronic court documents in civilactions to Supreme Court and ProvincialCourt registries
British Columbia is the first provincein Canada to introduce a comprehensivee-Filing system that includes an e-Filingservice and the storage and maintenanceof court files in an electronic formatCSO e-Filing helps law firms meet theirdynamic needs
Today CSO e-Filing is available in all43 court locations Moe than 65000Supreme Court civil and ProvincialCourt small-claims documents have al-ready been e-Filed (See Resources box)
Why e-File your court documents Itrsquoseasy efficient environmentally responsi-ble and inexpensive Easy ndash E-Filing can take less than three
minutes to complete To begin youwill need a CSO account (See Resources
box) and software to convert your doc-uments to Adobe Portable DocumentFormat (PDF) All document preparation for e-Filing
is done off-line You can prepare yourdocuments using existing templates orprecedents in any word-processing for-mat and then just convert the documentsto PDF for filing There is no need for anelectronic signature or other digital cre-
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 10ELECTRONIC FILING PASSES 65000 DOCUMENTS
BC court filings increasingly electronic for all major types of BCSupreme Court and Provincial court cases except criminal
T he CSO system is the only method of filing
documents electronically in the BC court
system and itrsquos only in BC at that But there
are other jurisdictions that have a similar sys-
tem and one in particular the US PACER
system is well ahead of ours both in extent of
court coverage and user costs
We particularly thank the CSO office for
providing the accompanying article at our re-
quest but we also let them know we were in-
terested in how BCrsquos system stacks up and
with thier article in hand we asked some
questions
They told us for instance that the growth
of e-Filing in BC has continued steadily since
it was first set up as a pilot project in October
2005 with just one court location Province-
wide e-filing became available on December 1
2008 ldquoand at present there is approximately
an 8 uptake raterdquo
We also were curious about the fact that the
CSO system doesnrsquot include criminal case fil-
ings The response there are ldquono formal plans
at this time to provide access to Supreme Court
Criminal information but it could potentially
be available in the futurerdquo
The CSO is BC-only so we asked if it was
going to be incorporated into a national system
They replied ldquoThere are no formal plans to in-
tegrate the BC system into a Canada-wide sys-
tem however several provinces have shown an
interest in the systems that BC has developedrdquo
The system is in two parts input and out-
put Law firms for instance can file electronic
documents through accounts and there is a price
structure for doing so The public has free ac-
cess to a search engine and the results produced
by the search but retrieving and downloading a
document or documents from a particular
court case linked to the index costs $6 instead
of the $8 charge if a person went to a court reg-
istry and asked for a file to be pulled for view-
ing within the registry itself physical photo-
copying is extra
We asked CSO about the rationale for its
costs The reply ldquoThe BC CSO service costs are
generally calibrated to make it a user-pay service
which is funded by its use and does not impose a
burden on taxpayers by making it a subsidized
servicerdquo
In the US PACER an acronym for Public
Access to Court Electronic Records is an elec-
tronic public access service of United States fed-
eral court documents
It covers civil criminal bankruptcy and
appellate cases that are federal and itrsquos the
output side of the American system PACER is
managed by the Administrative Office of the
United States Courts It allows the public to
obtain case and docket information from the
United States district courts United States
courts of appeals and United States
bankruptcy courts
Each court maintains its own system a
small subset of information from each case is
transferred each night to the US PartyCase
Index located in Texas at the PACER Service
Center in San Antonio
Records are submitted to the individual
courts using the Federal Judiciaryrsquos Case
Management Electronic Case Files (CM
ECF) system which is the input side and has
its own cost structure It accepts the filing of
documents in PDF through the electronic filing
system of each court which maintains its own
databases with case information The index
provides the necessary links to the actual docu-
ments stored in each court
Access to all PACER dockets is available by
registering at its site
lthttppacerpscuscourtsgovgt and the
download cost is eight cents per page with a
US$240 cap per case session with payment
usually quarterly by credit card for those with
non-American addresses
Those with American addresses can get free
access via
lthttpwwwfreecourtdocketscomgt
How does the cost and range compare
BC Court E-Filing to Page 20
By John Clerides
Part of my job de-scription includes
meeting people at so-cial gatherings orbusiness eventsWhen the conversa-tion turns to whatone does for a livingwe inevitably end uptalking about wine
Most people Ispeak with have little understanding abouthow wine is sold imported or priced inBritish Columbia while ironically theyare acutely aware of the low prices forwine in the United States and Europe
When I begin to explain how our sys-tem works people often shake their headsin disbelief So let us spread this cheer byexploring the inner workings of theBritish Columbia Liquor DistributionBranch (BCLDB) and how a wine ispriced
The method used to price wine iscalled an ad valorem tax What does thismean
One source ndash Investopediacom ndash de-fines it as A tax based on the assessed value of
real estate or personal property Ad valoremtaxes can be property tax or even duty on import-
ed items Property ad valorem taxes are the
major source of revenue for state and municipal
governments
The ad valorem tax that the BCLDB usesto assess wine is 117 on the first $751of landed cost Everything thereafter istaxed at 55
Letrsquos take a wine from France with anexport price of euro3 a bottle or euro36 a caseBased on a euro160 exchange rate betweenEuros and Canadian dollars the Canadi-an equivalent value is $5760 a case or$480 a bottle
Now the fun starts An importer factors in shipping tran-
sit insurance storage insurancewarehouse charges administra-tion storage itself (usually sixmonths) the picking sur-charge delivery to theBCLDB locations fuelsurcharges (thereare two of thoseone when the wineis initially shippedand received inBC and onewhen itrsquos movedto the BCLDBrsquoswarehouse) han-dling and any spe-cial labelling
These costs usu-ally add up about$15 or $20 a caseDepending on thenumber of cases im-ported the higher thequantity the lower theshipping charges Now addon the importerrsquos profitwhich varies but usually is be-tween 10 and 20 of the ex-port price
If the importer sells a wealth ofcases they can work on less margin andmake it up in volume If it is a limitedproduction winewith good reviewsand scores theywill try to eke out abit more All ofthese costs are fac-tored in before the117 BCLDBmarkup
So take theinitial export priceof the case ofwine $5780 Addin $20 a case forshipping and othercosts plus 20 profitfor the importer Thecase of wine lands inBritish Columbia at $8910or $742 a bottle
Now the BCLDB applies itsmarkup That
$480-bottle of wine which left Francewill now retail in BC for somewhere
$23 and $26And wersquore not factoring in
currency fluctuation TheBCLDB rules are such thatif an importer applies fora listing at one retail
price and then theEuro increases by 30eight weeks later theimporter is obliged toadhere to their initialretail price
Therersquos more TheBCLDB has specificdays you can apply forprice changes If animporter has to re-pricea wine so they do not
lose any money theymay have to wait a month incurring ad-ditional storage charges It can also workthe other way too but this rarely
happens While a large percentage of the
price you pay for wine goes intotaxes and logistics it does not take
away from the care that goesinto wine on the front end
Carefully managing the landallows the soil to become
alive reducing the size ofthe harvest harvestingvineyards by handmanaging leaf growthcarefully handling vini-fication and agingpractices precisely
All these take yearsto master and all con-tribute to the qualityand enjoyment of awine Sometimes youdo get what you pay for
John Clerides is the owner
and President of Marquis Wine
Cellars John travels extensively
through the wine regions of Italy
France California Washington State
Oregon and Australia Visit his shop at 1034
Davie Street Vancouver or his website
lthttpwwwMarquis-Winescomgt
TopicsTHE BUCK STOPS WITH YOU
Why the price of winemakes you want towail and whine
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorgr S
John Clerides
JAY PATEL ARTIST
11
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
erwise not be sharedWhen you are in a relaxed state the
neo ndash cortex (the subconscious area ofyour brain) is more likely to become acti-vated This is your resource centre aplace where you can really tap into thethings that make you happy and thusbring tools that can help you remain fo-cused establish new goals and findstrength to change situations that arehonestly not working for you
Now bring the Change Management For-
mula components into this concept whenyour relaxed resourceful and reflectivemindset has had a chance to communi-cate with your logical strivedrive dailyndash performance mindset about a positivechange or goal for you to achieve it islikely that your resistance to changewhich may have spent the better part ofthe past year as the dominating factor ina part of your daily duties or desires is
now less powerful than your dissatisfac-tion + vision for what potential you canreach
It is helpful to know that fear drivesthe resistance to change whereas theendless and ominous power the subcon-scious mind provides when it comes tohuman achievement drives vision It istypical that the subconscious mind over-comes conscious fears getting to the re-sourceful state to do so is the key
Pay attention to this seasonrsquos externalforces the ones that spark your internalforces that motivate you to try somethingnew Your desire for change fuelled byyour subconscious desires has overcomethe fear thatrsquos a regular and natural pre-cursor to change
The ability of the subconscious mindto communicate ndash that is the change fac-tor that is different That is why this issuch a powerful time and why it is so im-portant to concurrently incorporate the
last component of the Change Management
Formula taking the first steps towardschange It will give you a good push tostart you swinging towards your personaland professional goals
Herersquos an exercise Letrsquos take that firststep together in the form of experiencingan amazing example of awareness accep-tance dedication and success through thefollowing story
An artist was standing proudly by hisdisplay sculpture at the Art Gallery open-ing Its colour was the traditional gun-metal it was shiny with glistening hints ofbronze and onyx-like shades throughoutthe massive winding tree-like structure
As the crowds gathered he launchedinto an introduction of the piece confess-ing that he had salvaged a gargantuanpiece of metal and intended to bring itinto its existence as a beautiful art sculp-ture The audience was captivated by the
Goalsetting 101 from Page 1
Goalsetting 101 to Page 13
Smile amp Link
SMILE
One of the new features of our redesigned
website includes the ability to post individual
profile photos next to each personrsquos 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
membershipbclmaorg
Thank you for your co-operation
LINK
BCLMA is LinkedIn
The BCLMA is now a group on the popu-
lar business-social website LinkedIncom
which can extend your existing network of trust-
ed contacts
Add the Group and enhance your profes-
sional profile
Topics 12
artistrsquos voice ndash full of wonder and fantasyndash as he continued with the evolution ofthe sculpture
Several months into the creation heexplained he thought the piece was ru-ined and worthless He had discovered adeep ugly flaw along what was intendedto be the most visible line of the intendedfigure
At first it seemed to be a small obsta-cle but as the weeks and months wentby the artist was unable to camouflagethe flaw In fact it seemed to enlarge be-coming more noticeable No matter whattechnique he used the roughness of theflaw could not be tamed not even by themost powerful commercial ndash grade steelsaw the trusted companion in all of hiscreations
For the next several years the artiststruggled with how to work with the chal-lenge He returned to face the piece from
time to time viewing its physical imagefrom different vantage points in proximi-ty and height in differing lights butcould not find a way to resolve the issue
He had loved the piece for so long de-spite its shortcoming it was a truly spec-tacular figure from all but one angle Hewould touch it dust it work on an areaaway from the flaw but no matter whathe did it eventually became obvious to theartist that this flaw would keep the piecefrom being accepted at commercial gradeby his customers and the art industry
If he were to leave the flaw as is itwould have to be displayed in a privateplace for his external reputation could beharmed if it were publicized that he waswilling to live amongst lsquosecondsrsquo with thesame attitude and charisma that he exud-ed with his lsquoperfectrsquo pieces He was fear-ful of taking a risk that might end his ca-reer
So the artist resolved that the only op-
tion was to abandon the piece to createmore room in his studio He decided toforget it in order to focus his creative re-sources on a more fruitful project
Surprisingly moments after arrivingat this raw emotional state somethingcame over him that refused to allow himto abandon the project The decision hadbeen made in his conscious state andonce his conscious mind released its holdhe found himself for the first time lookingat the real problem ndash which wasnrsquot theflaw
He stopped approaching the problemwith his business senses his logicalthought processes to do with the adviceon use of his time analysis of the productrsquos eventual profitability and hisreputation amongst stakeholders in hisartistry
Instead he approached the problemwith a tool he possessed that was morepowerful than his business brain more
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 13
SAVE THESE DATESMark your calendar with these upcoming
events and important dates
Wednesday Sept 23 2009
BCLMA ndash ALA ndash TLOMA Breakfast
webinar lsquoEvolve to Solversquo Presented by Gary
Mitchell (Vancouver) and Catherine Mitchell
(Toronto) of GEM Communications
Fri-Sat Oct 2-3 2009
ALA Region 5 Conference Fairmont Banff
Springs Banff Alberta Canada
Wednesday Oct 7 2009
BCLMArsquos First-Ever Leadership Series
lsquoLeadership amp Balancersquo Presented by
Joanne Ward BComm BEd MA CCC
Thur-Sat Oct 21-23 2010
BCLMA Educational Conference Vancou-
ver Contact Jane Kennedy at Membership ad-
dress below to join the Conference Planning
Committee
Goalsetting 101 from Page 12
powerful than his electricsaw His emotional brain +his heart became the en-gine and fuel behind the so-lution the solution that wasin sync with who he was acreator a transformational-ist a builder
With the voice of a wiz-ard the artist shared withthe rapt crowd around himwhat the audience hadbeen waiting for what hadbrought the seemingly bro-ken hopeless unattractiveand invaluable piece to thegrandure the people wit-nessed today
The first component ofthe plan that emerged fromhis subconscious state com-
mitment He truly did notwant to abandon the struc-ture despite its lack of com-mercial value He foundhimself committing to thefollowing familiar proce-dures that worked for himin the past (1) Hard physical work (2) Exhausting mental work as he focused
his attention on small progressivesteps
(3) Time a lot of time more time than hehad previously been willing to devoteand
(4) Various tools in addition to theallndashpowerful electric saw The second component patience In-
stead of brutally amputating the trou-bling piece he used the saw ndash but in amuch more gentle patient manner in or-der to shave thin layer after layer off thedamaged surface
The third and perhaps most importantcomponents in bringing about the changewere combined in attitude and respect In-stead of resenting the flaw he created anecological space for his creativity to flow asit did with other pieces that appeared lsquoper-fectrsquo He let go of the stressors ndash makingmoney and personal gain ndash to honour theinternal reasons for this project
The hours he spent polishing the vi-
able edge material flew by Ingenuitybloomed as it dawned on him he coulduse a resource he had never tried beforein his sculptures a chemical elixir to dis-solve the edges where neither the power-ful saw nor the gentle buffer could pro-duce the desired result
Success the flaw smoothed away theintegrity of the piece maintainedThrough all of the alternative processesthe artist achieved his goal bringing thepiece to a level of public acceptance andhigh market-value but that itrsquos mostvaluable to him personally and profes-sionally Thatrsquos when he said the piecewas not for sale
Everyone in the audience smiled anddrew their gaze up to the top of the struc-ture They had in that 10 minutes madethe journey from the raw troubled begin-nings to the place of a polished visionThey had during that short time livedwith the artist through his accomplish-ments in reaching the potential of the man
and the object on this seem-ingly dead-end situation
POINTS TO PONDER ndash FLEX THOSE SUBCONSCIOUSMUSCLES
If you stood with thegroup at the foot of the stat-ue without the introductionfrom the sculptor you wouldnever have known it wasoriginally rejected by its cre-ators ndash nature metal makersand the artist ndash and was onits way to becoming a worth-less object ignored by thepowers that controlled theenvironment where it trulybelonged and shone
Notice through yourjourney with this passionateartist that you are now in aresourceful state of appreci-ation for the importance ofawareness acceptance nur-ture and transformation
Is it possible for us toknow the worth of ourselvesor another without spendingsome time to become gen-
uinely acquainted with the 360 degree in-ternal and external view ndash with what wecan and cannot see Are you willing torisk answering ldquoyesrdquo to this question andnot take a deeper or more resourcefullook at yourself or others
Send me an e-mail let me know whatyou decide
Jan Whyte is a Certified Professional Coach
as well as General Manager and Administrator
of Murphy Battista Barristers in Vancouver
She can be reached at
ltWhyteMurphyBattistacomgt
She has spent 26 years working in litigation
firms in Vancouver In addition to her adminis-
trative role at Murphy Battista she consults with
staff and lawyers on various components of life in
law firms including recruitment worklife bal-
ance team dynamics such as leadership or con-
flict resolution and enhancing individual and
group performance Jan is an active Board Mem-
ber and the President-Elect of the BC Legal
Management Association
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
14Topics
SEBA
STIA
NKA
ULIT
ZKI
ARTI
ST
By Mike Bowerbank
In the olden days ndash you know way backwhen Windows 95 was new and crash-
ing computers ndash your social network con-sisted of friends you hung out with andtalked to in person
Face to face Can you believe thatIn 1995 the first large social
networking site sprang upClassmatescom gave people anew way to relive those awk-ward high-school moments It
also enabled visitors to see if thecaptain of the rugby team still had hairand his own teeth
It was more of a way to capitalize onnostalgia with a specific group of peopleso one could argue about just how muchof a social network it really was
The first of what we associate with so-cial-networking sites today was launchedin 2000 Friendstercom grew quickly andbecame so popular that it spawned sever-al copycat sites including MySpace (2003)and Facebook (2004) both of which havesurged ahead of Friendster in popularity
All of these sites allow you to post aprofile that includes all of your personaland contact information show off pic-tures of your kids and make the entireonline world aware of your happeningsSuch sites quickly became the way to stayin touch with people without ever havingto you know actually see them or talk tothem
The great thing about these sites is theease with which we can keep in touch
with people despite our time-crunched lives Rather thanphone or meet with the peoplein your life you can simplyupdate your page with yourlatest news and pictures so
that everyone can see them at onceYou can also play games take quizzesand interact with people from all over theworld
Some businesses are using social-net-
working sites tobuild their brandimage and tomaintain contactwith like-mindedcompanies andclients
One site in par-ticular LinkedIn isgeared specificallyfor professionalsand entrepreneurs and now boasts morethan 36 million members in 200 countries
GONE PHISHINGThere is a problem prevalent on e-
mail known commonly as lsquophishingrsquo
Phishing occurs when a fraudulent mes-sage urges you to visit an internet link toverify passwords account information orother personal or private details
Your participation provides crookswith access to your bank accounts for in-stance which they promptly empty
Other thieves donrsquot need to phish bye-mail thanks to social networking Mostpeoplesrsquo passwords for their logins orbank accounts are the names of their kidsor pets PIN numbers are often signifi-cant dates such as birthdays and anniver-saries If that type of information is post-ed on your Facebook page it is literally avirtual bonanza for thieves
Social networking sitesalso seem to appeal to sexu-al predators so keep an eyeon your children as theyuse these types of sites
According to Wikipediathere are now over 200 so-
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
15NOT-SO-SOCIAL NETWORKING
When I was a kid we had Windows 95and we talked to people ndash and we liked it
Topics
zsaca I 1-877-681-0706
Elizabeth Borrill I eborrill zsaca
in change
Wersquore yourpartner
Mike Bowerbank
cial-networking sites online and manypeople are on more than one
FACE TO FACEBOOKFacebook has become the most popu-
lar social-networking application Morethan 200-million users take quizzes up-load pictures contact long-lost friendsand post status updates letting peopleknow what theyrsquore doing from day today
Prospective employersalso use Facebook to look upapplicants Remember thatcandidate who was dressedto impress in your office dur-ing the interview andseemed so eloquent Thatrsquosthe same guy whose Face-book profile photo showshim passed out on the street wearing atutu with a status update that reads Party
Naked
Personal-injury lawyers use Facebookto disprove disability claims One case in-volved a person on leavefrom work because theyclaimed they were toosore to use a computerBy logging onto Face-book opposing lawyerswere able to dispute theclaim by demonstratinghow the injured personused computers regularlyto update their Facebook page Policehave used both MySpace and Facebookto check for probation violations andweapons being brandished in public
If you think your profile is only opento other Facebook users think again OnJune 12th Facebook enabled your profilepage to be viewed as a web page Theformat is wwwfacebookcomusernameand you no longer need a Facebook ac-count to view a memberrsquos profile page
TWITTER TWEETS AND TWITSJust when you thought Facebook had
taken things far enough into the ldquotoomuch informationrdquo realm along came anapplication that is the new killer appTwitter is basically a bare-bones text-based social application made with cell
phones and Blackberries in mind Youbroadcast short messages (140 charactersmaximum) known as tweets to yourworld
Twitter has become the third most-popular social-networking applicationbehind Facebook and MySpace respectively
Twitter like all social applications hassome good practical uses For examplein this recent election in Iran Twitter be-
came the organizing tool of choice for thepro-reformist camp using it to makeprotest arrangements and send globalmessages slipping these past censors(The Iranian government promptly re-
sponded by blocking Twitter and Face-book in the country showing the vulner-ability of both mediums)
While the horrific scene unfoldedduring the 2008 Mumbai attacks in In-dia an estimated 80 tweets were sent ev-ery five seconds People on the scene ofthis terrorist bombing and shooting usedtheir tweets to help compile a list of ca-sualties and to broadcast the location ofhospitals that needed blood donations
In the legal world Twitter allowslawyers in court to provide minute-by-minute information to other lawyers backat the firm This enables assisting lawyers toprepare appropriate materials as needed
With those notable exceptions ac-knowledged one canrsquot help but comparethe pragmatic uses to the vast majority of
Twitter users who consider standing inline at Tim Hortonrsquos post-worthy or thatthere is a terrible smell coming from theirfridge Twitter is used mostly as a narcis-sistic tool so that the world can know ofyour daily happenings ndash sort of a way tobe the star of your own reality show
LIKE OMGSocial networking can be fun and
useful if used sparingly and casually In-stead of getting out andmeeting each other peopleare using social networkingsites to look for love com-panionship and even extra-marital affairs And theysay romance is dead
If you joined Facebookjust to see what your kids
are up to be forewarned that you mightactually find out and wish you hadnrsquot
Donrsquot spy on your kids talk to themYou know with actual spoken words likethey used to do way back in the 20th
CenturyWhen your com-
puter screen becomesyour main window tothe world and literallybecomes your sociallife you might be ad-dicted Such an addic-tion is as serious as-andno easier to overcome
than-other addictions like gambling As the world becomes increasingly
connected it seems that people in societybecome increasingly isolated socially Itrsquosthe paradox of modern communicationand contributes to a large part of the rea-son why Generation Yndash the Millennials ndashusually excels at technology but generallylacks in social skills
If this trend continues and more peo-ple live online good social skills may endup as extinct as the 525rdquo floppy driveand the game Pong
I know Irsquom writing some things towhich online addicts may object but Idonrsquot expect to hear from them aboutit
They only read things that are 140characters or less OMG LOL
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 16
PHILI
PBA
RKER
ART
IST
When the Vancouver OrganizingCommittee for the 2010 Olympic
and Paralympic Winter Games (VANOC)sets up its on-the-ground operations inearnest this fall and winter itrsquoll be mak-ing room in a downtown Vancouver ho-tel in early February for a special Gamesdivision of the Court of Arbitration forSport (CAS) supervised by a city lawyerwho is well-known in the Olympicsmovement
The International Council of Arbitra-tion for Sport (ICAS) which is based inLausanne Switzerland is the fund-rais-ing and administrative body that tookover from the International OlympicCommittee as the Courtrsquos supervisory organization
The IOC launched the court in 1984to settle disputes amongst its sports feder-ations but within its first decade theIOC became increasingly criticized forthe strength of its influence over thecourt The ICAS was formed in the mid-1990s to create independence and an ad-ministrative structure for the courtrsquos in-creasing activities
Three permanent courts exist ndash Lau-sanne Switzerland (where the IOC isalso headquartered) New York and Syd-ney Australia But the ICAS also estab-lishes ad hoc courts such as the one forthe 2010 Games as needed The CASuses about 300 arbitrators from 87 coun-tries and handles about 200 cases a year
The CAS for the Olympic portion ofthe 2010 Winter Games will include ninelawyers acting as arbitrators to operatein the Renaissance Vancouver HotelHarbourside at 1133 West HastingsStreet from February 2 10 days beforethe start of the Games to February 28the day of the Olympic Closing Ceremo-ny
The Renaissance is one of three bigdowntown Vancouver hotels ndash includingthe Bayshore and the Pinnacle a corpo-rate sister of the Renaissance that is locat-
ed right across West Hastings street aswell as the Vancouver Club ndash thatVANOC is taking over completely duringthe Olympic portion of the Games sothey can be used by the IOC and its re-lated organizations
On March 26 the ICAS formally ap-pointed Tricia Smith ndash Vancouverlawyer and partner of Barnes Craig ampAssociates ndash as its liaison officer withVANOC In this role Smith will carry re-sponsibility for the relationship and com-munication between ICAS CAS andVANOC between now and when theOlympic portion of the Games wraps upin early March
Smithrsquos legal experience communityinvolvement and sports backgroundmake her an excellent candidate for thisrole
Although her law practice focuses onmanaging claims for liability insurers andproviding risk-management consultingshe is also a sports arbitrator with anabiding interest in the Olympics
Smith has been a member of the ICASsince 2001 She was unsuccessful in aclosely fought contest with Marcel AubutQC OC a Quebec City-based lawyerwith Heenan Blaikie in a bid this pastspring to replace the Canadian OlympicCommitteersquos (COC) current presidentMichael Chambers when his term endsafter the 2010 Games she will remain onthe COCrsquos Executive Committee as theorganizationrsquos vice president workingfirst with Chambers later with Aubut
Smith is also a four-time Olympianand medallist in rowing the founder andpast president of Olympians BC and vicepresident of its parent organizationOlympians Canada
Smith remains a member of the Exec-utive Committee of the InternationalFederation of Rowing Associationswhich is also headquartered in Lausanneand chairs its Womenrsquos Rowing Cross-Commission
She is also a former member of theBoard of 2010 Legacies Now which wasoriginally formed by the BC govern-ment to be the armrsquos-length implementerof several major social goals of the gov-ernment connected with the Games
Although 2010 Legacies Now contin-ues to work on those goals with the helpof various companies connected to the2010 Winter Games and others and al-though it receives the majority of its fund-ing from Victoria it is now a fully inde-pendent society
The CAS usually involves panels ofthree arbitrators each and they deal witha wide range of issues involving the intri-cacies of relationships between the nu-merous international sports federationsthat the IOC supports through fundsgenerated by sponsorships and Olympicgames and it often deals as well with ap-peals from decisions by the federationsthat affect their athletes
Its work in the controversial field ofanti-doping gives the CAS its highest visi-bility For example just this past June itworked out the appropriate suspension ofGerman ice-hockey player FlorianBusch who made the mistake last De-cember of refusing to provide a urinesample when a doping-control officerknocked on his apartment door a sur-prise test is a known and standard part ofthe International Ice Hockey Federa-tionrsquos procedures for out-of-competitiontesting
Though he took the test a couple ofhours later and it was negative forbanned substances it was too late Therewas a plethora of subsequent legal argu-
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 17BAIRNES CRAIGrsquoS TRICIA SMITH TO SUPERVISE
A sophisticated new court will be set up indowntown Vancouver for the 2010 Games
ments and appeals from various bodiesabout which one should sanction himand for how long
The CAS sorted through the compet-ing claims and ruled that he would re-ceive a two-year suspension effectivelypreventing him from competing in the2010 Games
Perhaps one of its most famous caseswas a decision to uphold a life-time banon taking part in Olympic winter gamesimposed by the IOC against three of fourmembers of the Austrian Nordic skiingteam attending the Torino Italy WinterOlympics in 2006 for allegedly sharingldquocomplicity to violate anti-doping rulesrdquo
Eventually the CAS court commuteda similar ban to the fourth member of theteam to a four-year suspension ndash it endsjust after the 2010 Games ndash after review-ing his lesser role in the affair
When the Olympic Games are under-way the Athlete Villages in Vancouverand Whistler and any separate apart-ments used by Olympic athletes theirteam coaches and related officials have akind of diplomatic separation from thecriminal laws of the host country when itinvolves things such as drugs where con-victions in some countries carry thedeath penalty The IOC as part of itsthicket of legal agreements with hostcountries obtains the authority to lookafter anti-doping cases on its own termsduring the Games The deal usually in-volves the local police going in with IOCinvestigators each with their own juris-diction
The cases can be deadly serious Theanti-doping case that involved the CASstemmed from a joint IOC-Italian policeraid on the rooms of the Austrianbiathlon and cross-country squads onFebruary 18 2006 in the teamrsquos privatequarters in the Italian Alps while theTorino Games were underway
The IOC later reported that 80 medi-cal devices including advanced medicalequipment were found in the apartmentalong with used syringes blood bagsblood-transfusion equipment and evenbloody handkerchiefs
In 2010rsquos case once the Games arefinished the CAS court goes too
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 18FIRM LEADERSHIP THROUGH UNCERTAIN TIMES
Leading your firm through the difficultdilemma of terminations or layoffsBy Tim Wurtz Administrator Baker Newby LLP
Our profession and the world at largebuzzes with the employment impli-
cations of our general economic slow-down Whether you face small adjust-ments to your work force or a larger scalelayoff to control that salary expense lineitem leadership before during and afterany termination plays a central role inhow your firm will weather any fallout asa result of constraints to your work force
LawShuckscom reports that 125 ma-jor law firms around the globe have an-nounced or conducted layoffs The com-bined total is 10723 people 4015lawyers and 6708staff Most law firmson that list thank-fully do not haveany significant rec-ognizable namesfrom our BCLMAnetwork however all local firms whospoke with me are cautiously managingtheir salary expenses
While most research and surveys thatexamine the long-term effects of downsiz-ing indicate that companies that cut staffend up disappointed with the resultsmany of us will face formulating staffingstrategies to control costs Layoffs mayserve a short-term need but create largerlong-term issues Nonetheless we mustmanage and lead as directed by our Part-nership or Managing Committees
I am sure my fellow Administratorsand HR Managers will agree that an im-pending termination on any scale canconsume the workday We complete thenecessary forms derive suitable severancepackages develop plans to reassign workor alternatively reinvigorate the recruit-ment process to find a suitable replace-ment While we focus on the person orpersons being terminated we might over-look and forget or ultimately deny an im-portant aspect of the overall process ndash the
employees we keepThe Law Practice
Today section in theJanuary edition ofthe ABA Law Prac-tice Management in-cluded an article byJaffrey C Connerconcisely summariz-ing the point that fu-ture success of a firm depends largely onthe leadership of management after anylayoffs have been made
The workplace mood becomessomber People ask themselves ldquoAm Inextrdquo There will be a significant amount
of distrust of man-agement and anxi-ety over subsequentjob losses Thesefeelings must betempered by astrong unified mes-
sage from Management It is reasonableto admit the future is uncertain and thatevery effort will be made to ensure astrong and viable law firm well into thefuture Also tell the staff that this uncer-tainty will undoubtedly result in difficultdecisions after every possible alternativehas been considered
Terminating employees is a decisionthat is never made lightly To be an effec-tive leader you need to reinforce that alloptions were considered prior to layoffsUnder conditions of economic uncertain-ty the contribution of leadership is notsimply to inspire or build confidence butrather to solve problems and make ap-propriate strategic decisions
I learned an important lesson at lastyearrsquos BCLMA Conference Peter deJager a specialist in Change Manage-ment said in the closing session ldquoPeopleactually are not resistant to change theyare resistant to the way change is broughtaboutrdquo
Some employees consider termina-
Tim Wurtz
ALL LOCAL FIRMS ARECAUTIOUSLY MANAGINGTHEIR SALARY EXPENSES
tions or layoffs as drastic and developstrong feelings against managementLeaders must remain aware of the per-ceptions of their Partnership BoardManagement ndash and staff All three groupsinfluence a leaderrsquos ability to implementchange specifically to bring about signifi-cant staffing reassignments
Much literature exists about the dis-tinction between leaders and managerswith leaders having vision and creativityand managers focusing on improving ef-ficiency Leaders should exercise dili-gence toward gaining an understandingof their capacity within the organizationto properly apply leadership theories ifappropriate
During uncertain times we need tothink about adaptive and situational lead-ership-the right person with the rightstyle for the right situation Mining theInternet and academic journals for de-scriptions of leadership styles yields hun-dreds of words typically used to describe
a vast variety of leadership traits andtechniques
Two styles reside on opposite ends ofthe spectrum Visionary Leaders and Au-thoritative Leaders A visionary leaderpossesses a charismatic personality em-braces a democratic approach to the de-cision-making process and tries to en-gage staff in ongoing strategic initiatives
An authoritative leader prefers au-tonomous control over decision-makingmotivates employees using various formsof intimidation shows reluctance at relin-quishing control and fails to actively seekfeedback throughout management pro-cesses During difficult and emotionalstaff terminations and re-assignments theenormous grey area between these two
styles is required to carefully steer yourship through difficult waters
Use components of visionary leader-ship to bring employees into the world ofdecision-making Solicit ideas Listen towhat staff say when you introduce cost-saving measures For employees who areterminated or laid-off consider outplace-ment services a mutually agreeable refer-ence letter and perhaps access to thefirmrsquos resources or referral networks sothey can actively seek other employmentFor employees who are retained and pos-sibly required to assume additional re-sponsibilities for the same or less paythink about new benefits you can offerthem such as additional training andsupport
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 19
TERMINATIONS OR LAYOFFS ARE ABOUT LOSS BUT THEY ALSO CREATE OPPORTUNITYFOR US AS LEADERS AND MANAGERS
JAM
ESTH
EW
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Use aspects authoritative leadership toreinforce the notion that difficult deci-sions are inevitable that assuming issuesassociated with terminations or downsiz-ing will solve themselves over time is irre-sponsible It is important not be per-ceived as laissez-faire in yourmanagement capacity and to clearly es-tablish that while difficult the decisionsmust be respected
We are expected to possess the skills toproperly and compassionately deliver badnews to staff As managers it is our dutyto be knowledgeable of how people willreact and deal with the ramifications ofour actions Often the problems in work-force reductions arise when people donrsquotsee logic in why they were laid off andothers kept their jobs People draw theirown conclusions
I know first-hand that remaining stafftypically formulate their own complextapestry of reasons to explain why some-one has been let go These conclusionscanrsquot include aspects of the decision-mak-ing process to which they are not privy
It is counter-productive however toargue with this mentality as they are typ-ically emotionally driven conclusions Ra-tionalization may serve to further fuel thefire of distrust of management
However we cannot ignore it entirelyeither We will need to address the ru-mours and speculation either as a groupor one-on-one
Terminations or lay-offs are aboutloss but they also create opportunityfor us as leaders and managers Ourwords and actions can inspire loyaltyand enthusiasm Vision and authoritymake great bedfellows in any leaderrsquosarsenal of tools but sustainable law-firm profitability and excellence takes aconcerted effort on any managerrsquos partto become and remain the leader that isthe glue in the firmrsquos organizationalculture
Leaders must be honest and trans-parent about current conditions whilstremaining positive and reassuring En-gage Consulting Solutions in its publi-cation Engaging Employees in Uncertain
Times suggests that you must counteractpervasive negativity by providing clear
consistent messaging about the firmrsquosreality regardless of the reality In addi-tion focusing on programs that pro-mote recognition employee wellnesslearning and development are also seenas crucial to reducing the uncertaintywhile increasing retention and engage-ment
The July-August 2009 issue of The
Harvard Business Review lists new requiredleadership skills particularly vital in ourclimate of economic uncertainty 1) Foster Adaptation ndash For instance de-
velop ldquonext practicesrdquo in addition tocontinuing with current best practices
2) Embrace disequilibrium ndash While thisseems to depart from traditional lead-ership efforts to create a harmoniousequilibrium it is suggested you keepstaff in a state that creates enough dis-comfort to induce change but not somuch that they fight flee or freeze
3) Generate leadership ndash Give employ-ees at all levels of the organizationthe opportunity to lead departmentsor firm initiatives that will help itadapt to changing timesA suggestion to Administrators and
HR managers struggling with difficult sit-uations Ensure you take care of yourselfthroughout these dynamic times Cam-bridge Leadership suggests that you 1) Give yourself permission to be both
optimistic and realistic2) Find sanctuaries where you can reflect
on events and gain perspective 3) Reach out to trusted confidants with
whom you can speak openly 4) Bring more of your emotional self to
the workplace noting that appropriatedisplays of emotion can effect change
5) Do not lose yourself in your role nordefine yourself through a single en-deavourThrough these uneasy times we must
skillfully balance the profitability of thepartnership with a healthy organizationalclimate for the firm
They are not mutually exclusive dur-ing economic uncertainty but do requirecareful planning and actions by law firmmanagers to advance our stature withinthe decision-making process to that of alaw-firm leader
dentials except for affidavits and orders Efficient ndash Law firms will like the ease
and convenience as well as the effi-ciencies gained E-Filing allows you tofile retrieve and electronically searchfiles from your office or home It sim-plifies document preparation for of-fices by eliminating the need to printand prepare multiple copies of docu-ments for filing After submitting your documents you
can check on the status at any time sim-ply by logging in at CSO If requestedCSO will automatically send an e-mailnotification as soon as the registry hasprocessed the document
Once the registry accepts the e-Fileddocument it is electronically stampedYou can then download the documentfor your files Enviromental ndash E-Filing can offer a
greener solution for offices by eliminat-ing the need to print and prepare mul-tiple copies of documents for filing As a result your office can use less
paper E-Filed documents do not need tobe physically transported thereby reduc-
BC Court E-Filing from Page 10
Topics 20
ResourcesE-Filing is available for most types of docu-
ments For e-Filing rules refer to SupremeCourt Rule 69 which is athellip
lthttptinyurlcomnasoj9gthellipand Small Claims Rule 22 located
at lthttptinyurlcoml7ch8ggtThere are quite a few Rules on each of these
web pages so once you arrive use your brows-
errsquos Find command to quickly search the page
for the text Rule 69 in the one case or Rule22 in the other
You can register for a CSO account online
through the CSO website atltwwwcourtservicesonlinegovbccagtor if you are a BC OnLine user through BC
OnLine at
lthttpswwwbconlinegovbccagtPlease visit Court Services Online at
wwwcourtservicesonlinegovbcca Questions can be e-mailed to
CourtsCSOgovbcca
E-Filing to Page 21
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
By Michael J Anderson Principal Innovative Consulting
Sometimes whenwe have our
heads down justploughing awaythrough the fires onour desk we losesight of the funda-mental things thatwe should do togrow our practices
Wersquore not talkingabout huge expensive or complex mar-keting strategies here We are just remind-ing you of the basics Several of you prob-ably already do many of these thingsseveral of you probably plan to do manyof these things Our hope is that this listwill remind you of what it takes to expandyour practice and spur you on to turnyour best intentions into best practicesWe also hope that you will gain some newideas and insights
The following in no particular order
is provided as a checklist for what youmight want to do to become more profitable
1Get out of the office Every great RainMaker will tell you that you must meet
with your current and potential clients of-ten either on their turf or on neutralground
2The old 8020 rule still applies Yes 80of your new work will probably come
from 20 of your current clients Do youknow which of your clients provide youwith the most work If you do how areyou building on that relationship We seetoo many firms and lawyers spendinggobs of time and money trying to attractan elusive new big client Your best tar-get for success is the client you alreadyknow and who already knows you
3Just say ldquoNordquo Being fearful of whereour next file will come from makes us
want to accept every possible bit of workthat might come in the door whether thework is profitable whether we have goodprospects for getting paid whether it is anarea of law in which we are comfortableor whether our time could be better spentattempting to land the work that we reallywant at rates that will help us to succeedIt seems to be the credo for many lawyersthat ldquoThey have never met a dollar theydidnrsquot likerdquo Instead ldquoFocus on the goodstuffrdquo as professional-business consultantDavid Maister would say
4Budget your time and money Typically alawyer works about 2500 hours each
year roughly split between 1400 billablehours and 1100 non-billable hours Thenon-billable time is broken into segmentsfor management associate training per-sonal education research and marketingWe suggest that every lawyer allows forabout 600 hours per year for marketingtheir practice with a marketing budget ofbetween 2 and 5 of their gross rev-enues The marketing should include ad-vertising website creation and mainte-nance marketing-skills training andclient promotion-among other things
5Get involved We have a moral duty togive back to our communities
Choose a charity community group po-litical organization or business associa-tion that you enjoy and is important toyou Many of these types of groups are
looking to add a lawyer or two to theirboards In addition to contributing to agreater common good you will also net-work with other successful business peo-ple
6Market internally Ensure that everyonein your firm knows all of the facets of
the work you are capable of handling theareas in which you are looking to expandand your availability to handle the workAsk your partners about possible cross-selling opportunities Since cross-selling isa two-way street look at your own clientlist for possible situations to offer yourpartners For younger lawyers internal
marketing is possibly the only marketingthat they can do as their peer group hasnot yet risen to positions or situationswhere they can direct legal files to theirfriends Every young lawyer should askthe more senior members of their firm forwork on a weekly basis A lot of work willtransfer down to them if they prove theycan handle it
ing fuel consumption and its environ-mental impact Inexpensive ndash An office can reap sav-
ings from e-Filing through reducedprinting costs as well as reducedcosts from delivering documents tothe registry particularly when fil-ing beyond the local registry There is a $7 e-Filing transaction
fee per filing package regardless ofwhere the document is filed A filingpackage is any number of documentsbeing e-Filed to the same court file atthe same time The transaction feeand any applicable statutory filing feesare paid online through a BC OnLine
deposit account or with a credit card With all of these positive reasons
to e-File why not give it a try Go on-line today to view a demonstration ofhow to e-File to an existing court fileor how to use e-File to start a newcourt file
15 ideas for improving your practice
BC Court E-Filing from Page 20
21Topics
Michael Anderson
HOW DO FIRMS USE ON-LINEVIDEO TO VIEW AN
EFFECTIVE USE OF THISMEDIUM VISIT TORYrsquoS
WWWTORYSCOMVIDEOCENTERPAGESDEFAULTASPX
SINCE CROSS-SELLING IS ATWO-WAY STREET LOOK ATYOUR OWN CLIENT LIST FOR
POSSIBLE SITUATIONS TOOFFER YOUR PARTNERS
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
7Go to school Many lawyers can benefitgreatly from marketing training or
personal coaching In the old days a se-nior partner would grab an associate bythe scruff of the neck drag them toclient lunches and warn them to just sitthere keep their mouth shut and learnAnd they did learn Similarly we needto develop ways to share the marketingskills that already reside within ourfirms especially for our youngermembers
8Create a ldquoDream Listrdquo In aperfect world who
would you have as clientsand what type of workwould they send you Onceyou have the list startstrategizing on how youcan get an introductionand what you would saywhen you finally meetthem Why should theyhire you What will set youapart from your competi-tion After all many clientsfeel that most lawyers arethe same ndash they point tolaw firm websites andbrochures where you willsee that most of them at-tempt to sell ldquoBetter Fasteramp Cheaperrdquo Differentiateyourself Innovate
9Research Do you trulyunderstand your clientsrsquo
core needs What issueskeep them awake at nightand what can you do tohelp them Use the Inter-net to gather informationabout your current and po-tential clients Use that datato customize your proposalto them This demonstratesan understanding of theirbusiness and a commitment tohelp them enhance it
10CRM Institute a Customer Relation-ship Management program that will
track who when how and what the nextsteps are in your marketing strategy A sim-ple and inexpensive option like MicrosoftOutlook or a more legal-specific option like
Amicus Attorney will get your started
11Write write and write some more Createa perception of expertise by writing
topical articles and getting them pub-lished in relevant print or online maga-zines newsletters and blogs
12Leverage your writing Create a mailingor even better an e-mailing list of
clients and potential clients and send
them copies of the articles that you writeThe goal is to have them say ldquoThis onesure seems to know their stuffrdquo Thenhave the article placed in a strategic loca-tion on your website so that visitors will
also see that you have expertise Take itone step further and create a seminarpresentation or speech using the article asthe basis Undertake each at the personalgroup or firm level ndash or all of the above
13Leverage your people How many timeshave we heard ldquoPush the work
down and free your time to do the moreimportant stuffrdquo Why do many of us still
resist that strategy Whether you are ina large firm with associates or a
sole practitioner with parale-gals use junior practitionersto a greater degree Usingleverage will make youmore profitable and freeyour time for more impor-tant things
14Web support Amongother things websites
are the brochures of the newmillennium Is your websitesupporting your marketingefforts or is it just a neces-sary expense The most ef-fective sites have a lot incommon they are builtfrom a clientrsquos point of viewthey are informative and ed-ucational they display yourexpertise they have person-ality they are well ldquotaggedrdquoto be picked up in Googletype searches and usevideos effectively
15 Discipline Sometimesour best intentions lack thediscipline to carry out whatwe know we need to doDevelop a strategy with atimetable to accomplish theplan Start with this check-list and add to it as youprogress along the road to
growing your practice Wehope that this will help you to
focus on the issues that are mostimportant for you and your firm go-
ing forward
Michael J Anderson is a principal in Inno-
vative Consulting Hersquos based in Vancouver and
can be reached at 6042724222 or at
andersoninnovativeconsultingca
Topics 22
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
SUMMER 2009
Editor Stephanie MarshManaging Editor Designer Peter Morgan
This issue is also available in PDF format atlthttpwwwbclmaorggt
Topics Archive amp Indexlthttpwwwbclmaorggt
Editorial copy 2009 BCLMA CANADA
Published by MORGANNewsletters 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 BC It is the BCLMA lsquos goal toprovide educational and networking opportunitiesto 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
NEWSLETTER SERVICES
TOPICS is a public newsletter We will be pleased toadd you to our mailing list for this newsletter Pleasecontact the Editorial Committee Chair or any mem-ber of the Editorial Committee listed on the left forcomments on any of these articles or to offer sugges-tions for articles in future issues or for adjustments tothe circulation list Comments are always welcome
REPRODUCTION RIGHTS
Topics is copyrighted however we encourage you tocirculate or copy this material unmodified for yourown internal or private use You may freely quoteany article or portion of article but it must be ac-companied by attribution Quoting any article orportion of article without attribution is prohibitedThe newsletter its contents or its material may notbe sold intact or modified nor included in anypackage or product offered for sale
EXECUTIVE Stephanie Marsh President
Fasken Martineau2900 550 Burrard StreetVancouver Canada V6C 0A3D 6046314767F 604-631-3232SMarshFaskencom
Jan Whyte Vice-President
Murphy Battista2020 650 West Georgia StreetVancouver BC V6B 4N7D 6046333811F 604-683-5084WhyteMurphyBattistacom
Gary Carter Director
Paine Edmonds LLP1100 510 Burrard StreetVancouver BC V6C 3A8P 6046831211F 604-681-5084GCarterPaine-Edmondscom
Cindy Hildebrandt Director
Richards Buell Sutton LLP700 ndash 401 West Georgia StreetVancouver BC V6B 5A1P 6046823664D 6046619267F 604-688-3830CHildebrandtrbsca
Evenna Liu Director
Oyen Wiggs Green amp Mutala LLP480 ndash 601 Cordova Street WVancouver BC V6B 1G1D 604-676-9074F 604-681-4081ELiuPatentablecom
Barb Marshall Director
Fasken Martineau2900 ndash 550 Burrard StreetVancouver BC V6C 0A3D 6046314991F 604-631-3232BMarshallFaskencom
Angela Zarowny Treasurer
Direct 6043510124azanddzShawca
Jane Kennedy Administrator amp Membership Services
BCLMA
PO Box 75562RPO Edgemont VillageNorth Vancouver V7R 4X1P 6049881221F 604-988-1221MembershipBCLMAorg
SUBSECTION LEADERS
Facilities amp Service ManagementJanice McAuley Co-Chair
Lawson Lundell LLP1600 ndash 925 West Georgia StreetVancouver Canada V6C 3L2D 604-631-9254F 604-669-1620JMcAuleyLawsonLundellcom
Lorraine Burchynsky Co-Chair
Boughton Law CorporationSuite 700 ndash 595 Burrard StreetVancouver Canada V7X 1S8D 6046474162P 6046876789F 604-683-5317LBurchynskyBoughtonca
FinanceSheila Tham Co-Chair
Watson Goepel Maledy LLP1700 ndash 1075 West Georgia StVancouver BC V6E 3C9P 6046881301F 604-688-8193SThamWGMlawcom
Linda Lucas Co-chairDavis LLP2800 Park Place 666 Burrard StVancouver BC V6C 2Z7D 6046436305F 604-687-1612E LLucasDavisca
Human ResourcesTina Giallonardo Chair
Miller Thomson LLP1800 840 Howe StVancouver BC V6Z 2M1P 6046872242F 604-643-1200TGiallonardoMillerThomsonc
Knowledge ManagementGreg Christensen Chair
Fasken Martineau2900ndash550 Burrard StreetVancouver Canada V6C 0A3D 6046314993F 604-631-3232GChristensenFaskencom
MarketingRecruiting
Small FirmsSharon Kwong Wah Chair
Young Anderson1616 ndash 808 Nelson StreetVancouver Canada V6Z 2H2 D 604-689-7400F 604-689-3444KWongWahLYAbcca
TrainersRuth-Ann Spencer Co-Chair
Bull Housser amp Tupper LLP 3000 1055 West Georgia Street Vancouver BC V6E 3R3 D 6046414921 F 604-646-2638 RASBHTcom
Lisa Dick Co-Chair
Fasken Martineau 2900ndash550 Burrard Street Vancouver V6C 0A3 P 6046313131 F 604-631-3232 LDickFaskencom
Technology Aaron Fahlman Co-Chair
Fasken Martineau2900 550 Burrard StreetVancouver Canada V6C 0A3D 6046314960F 604-631-3232AFahlmanFaskencom
Aaron Zuccolin Co-Chair
Watson Goepel Maledy LLP1700 ndash 1075 West Georgia StreetVancouver BC V6E 3C9 D 6046425661F 604-688-8193AZuccolinWGMlawcom
EDITORIAL COMMITTEE
Bob Waterman Chair
Richards Buell Sutton LLPD 6046619241F 604-688-3830BWatermanRBSca
Stephanie Marsh Editor
Fasken Martineau2900 550 Burrard StreetVancouver Canada V6C 0A3D 6046314767F 604-631-3232SMarshFaskencom
Mike BowerbankBurnabyMikeYahoocom
Lorraine BurchynskyBoughton Law CorporationSuite 700 ndash 595 Burrard StreetVancouver Canada V7X 1S8D 6046474162P 6046876789F 604-683-5317LBurchynskyBoughtonca
Paula ButlerBarrister amp Solicitor200 100 Park RoyalWest Vancouver BC V7T 1A2P 6047820373F 604-983-0372PButlerPaulaButlercom
Tim WurtzBaker Newby LLP9259 Main StChilliwack BC V2P 6K2P (1) 6047921376F (1) 604-792-8711TWurtzBakerNewbycom
BCLMA EXECUTIVE amp SECTION LEADERS
DENN
ISCO
X
BC Legal Management Association
The NrsquoAwlins Po Boys created authenticand lively Southern sounds with featuredfiddle and soundbox The Gumbo Trio
with their banjo horn and stand-up bassplayed Dixieland and Jay-Ray amp Gee ana capella group of New Orleans streetsingers from the French Quarter famousfor doo-wop strolled throughout the halldeftly putting the bop in the bop shoobop shoo bop for all of us
On Wednesday night we attended theFinale Party the theme Masquerade Wear-ing painted or feathered masks we boardedshuttle buses to Mardi Gras World anevent location filled with hundreds of sculp-tures giant figurines and parade floats
Rockinrsquo Dopsie Jr amp the Zydeco Twisters
got the crowd dancing with their uniquebrand of music Zydeco is a sort of melod-ic gumbo concocted from CajunAcadianmusic Afro-Caribbean rhythms andmelodies and blues In another area The
Jamil Sharif Quintet played smo-o-o-othjazz Indigenous music played every-where both inside and outside of the con-ference centre the entire week
THE CITY STILL RECOVERING THRIVESWhile some outer districts still show
evidence of Hurricane Katrina New Or-leans proper is beautiful and thrivingThe French Quarter is exquisite
Tall doors and shutters accent hotel andstore fronts Wrought-iron railings support-ing hanging baskets bulging with ferns andflowers trim second and third floor bal-conies Lush palms fill narrow courtyardsnestled between brick buildings Gas-fedlanterns still light many streets
Some delegates arrived a day or twobefore the conference or stayed on a fewdays after to enjoy some of the manyguided tours to plantations swamp landsor through the city itself
GREAT EVENT
We applaud our colleagues south ofthe border on the success for their 38thannual conference
Be sure to mark your calendar forBCLMArsquos own conference Oct 21ndash232010 in Vancouver BC
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 8
CONVEYMASTER
Ask us about our bull $25 pay-per-conveyance bull plan
Tel (800) 667-0332 or (604) 685-1078Fax (604) 685-9370
Go with the best Home Page wwwsaicaGo with ConveyMaster Email infosaica
Conveyancing SoftwareNew EFS Module
FUTURE ALA CONFERENCES
2010 May 3 ndash 6 | Boston Massachusetts2011 May 23 ndash 26 | Orlando Florida2012 April 23 ndash 26 | Honolulu Hawaii2013 April 15 ndash 18 | National Harbor Maryland (Washington DC area)
All that ALA Jazz from Page 6
The BCLMA hosted a sold-out event atStanley Parkrsquos Fish House and nearby
Pitch lsquonrsquo Putt on June 18More than 40 people golfed nine holes
beneath the late afternoon sun Theythen joined the more than 30 diners atthe restaurant for another successful sum-mer event
Mills Basics and ZSA were the gener-ous sponsors Brad Mills and Chad Ege-land of Mills Basics and Elizabeth Borrilland Dragana Milisic of ZSA were in attendance
HIGHLIGHTSPenny Harvie announced her upcom-
ing retirement from Fasken Martineauafter 22 years at the firm Penny will stayon at the firm until the end of July atwhich point she will enjoy the summerand consider her next life chapter
Another highlight included welcomingJohn Hawke back to the BCLMA after atwo-and-a-half year sojourn to work at anengineering firm John has taken on therole of Chief Operating Officer at LangMichener
PRIZE WINNERS GALORE Brad Mills (Mills Basics) Ernie Gau-
vreau (Gowlings) Donna Oseen(Alumni) and Ken Brennan (Gowl-ings) who posted the Best Team Scoreof 142
Sam Mann of Singleton Urquhartposted the Best Individual Score ofjust 28 and Agustino doSouto ofHarper Grey handed in the MostHonest Score (We agreed not to pub-lish the actual score)
Event sponsors and other vendors pro-vided door prizes
John Hawke (Lang Michener) won apersonal shredder courtesy of MillsBasics Carina Bittel (Clark Wilson)won a bottle of champagne courtesy ofZSA and
Roy Boal (Blakes) and Shirley Mad-
den (firm) each won gift certificates toMarquis Wine Cellars
BCLMA DOOR PRIZE WINNERSAs with every one of our social events
the BCLMA provides door prizes Herersquoswho won Cineplex Odeon Theatres ndash Penny
Harvie (Fasken Martineau) Starbucks ndash Raf Sansalone (BLG)
Julie Wong (firm) iTunes ndash Robbin Myers (firm) Cactus Club ndash Dave Bilinsky (Law So-
ciety) LCBO ndash Agustino doSouto (Harper
Grey) The Bay ndash Sarah Glazzard (Lang
Michener)
ANOTHER GREAT EVENTThank you to everyone who attended
this fun event Your participation makesour events continually successful
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
MAKING THE MOVEShellip
WELCOME NEW AFFILIATES
Kristie Hedges Alexander Holburn Beaudin amp Lang LLP Human Re-sourceshellip Karen Jenkins Stikeman Elliott LLP Technologyhellip Dan
Phung Stikeman Elliott LLP Technologyhellip Tammy Marchinkow PaineEdmonds LLP Finance
WELCOME NEW REPRESENTATIVES
John Hawke has returned to the BCLMA and has joined Lang Michener asChief Operating Officerhellip Andrea Pantages is the new Administrator at
Mandell Pinderhellip Jessica Melson is the Assistant Office Managerat Hartshorne amp Mehl
In accordance with our bylaws firms are the BCLMArsquos Members Representatives were
formerly known as Full Members Affiliates were formerly known as Subsection MembersThe
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
BCLMA SUMMER EVENT
40 golf and 70 dine at successful sold-out sensation of our June social at the Stanley Park Fish House
Penny Harvie to retire
Topics 9
By Court Services Branch Staff BC Ministry of the Attorney General
Over recent years wersquove seen an in-crease in online options in every-
thing from online shopping to e-filing ourincome taxes Chances are most of ushave used these types of services
Increased environmental conscious-ness pressures to be more efficient andexpectations for anytime-anywhere accessmean that online interactions are increas-ingly demanded and offered It is in thisspirit that Court Services Online (CSO) wasdeveloped and within that e-Filing forcivil court documents
CSO e-File service allows you to sub-mit electronic court documents in civilactions to Supreme Court and ProvincialCourt registries
British Columbia is the first provincein Canada to introduce a comprehensivee-Filing system that includes an e-Filingservice and the storage and maintenanceof court files in an electronic formatCSO e-Filing helps law firms meet theirdynamic needs
Today CSO e-Filing is available in all43 court locations Moe than 65000Supreme Court civil and ProvincialCourt small-claims documents have al-ready been e-Filed (See Resources box)
Why e-File your court documents Itrsquoseasy efficient environmentally responsi-ble and inexpensive Easy ndash E-Filing can take less than three
minutes to complete To begin youwill need a CSO account (See Resources
box) and software to convert your doc-uments to Adobe Portable DocumentFormat (PDF) All document preparation for e-Filing
is done off-line You can prepare yourdocuments using existing templates orprecedents in any word-processing for-mat and then just convert the documentsto PDF for filing There is no need for anelectronic signature or other digital cre-
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 10ELECTRONIC FILING PASSES 65000 DOCUMENTS
BC court filings increasingly electronic for all major types of BCSupreme Court and Provincial court cases except criminal
T he CSO system is the only method of filing
documents electronically in the BC court
system and itrsquos only in BC at that But there
are other jurisdictions that have a similar sys-
tem and one in particular the US PACER
system is well ahead of ours both in extent of
court coverage and user costs
We particularly thank the CSO office for
providing the accompanying article at our re-
quest but we also let them know we were in-
terested in how BCrsquos system stacks up and
with thier article in hand we asked some
questions
They told us for instance that the growth
of e-Filing in BC has continued steadily since
it was first set up as a pilot project in October
2005 with just one court location Province-
wide e-filing became available on December 1
2008 ldquoand at present there is approximately
an 8 uptake raterdquo
We also were curious about the fact that the
CSO system doesnrsquot include criminal case fil-
ings The response there are ldquono formal plans
at this time to provide access to Supreme Court
Criminal information but it could potentially
be available in the futurerdquo
The CSO is BC-only so we asked if it was
going to be incorporated into a national system
They replied ldquoThere are no formal plans to in-
tegrate the BC system into a Canada-wide sys-
tem however several provinces have shown an
interest in the systems that BC has developedrdquo
The system is in two parts input and out-
put Law firms for instance can file electronic
documents through accounts and there is a price
structure for doing so The public has free ac-
cess to a search engine and the results produced
by the search but retrieving and downloading a
document or documents from a particular
court case linked to the index costs $6 instead
of the $8 charge if a person went to a court reg-
istry and asked for a file to be pulled for view-
ing within the registry itself physical photo-
copying is extra
We asked CSO about the rationale for its
costs The reply ldquoThe BC CSO service costs are
generally calibrated to make it a user-pay service
which is funded by its use and does not impose a
burden on taxpayers by making it a subsidized
servicerdquo
In the US PACER an acronym for Public
Access to Court Electronic Records is an elec-
tronic public access service of United States fed-
eral court documents
It covers civil criminal bankruptcy and
appellate cases that are federal and itrsquos the
output side of the American system PACER is
managed by the Administrative Office of the
United States Courts It allows the public to
obtain case and docket information from the
United States district courts United States
courts of appeals and United States
bankruptcy courts
Each court maintains its own system a
small subset of information from each case is
transferred each night to the US PartyCase
Index located in Texas at the PACER Service
Center in San Antonio
Records are submitted to the individual
courts using the Federal Judiciaryrsquos Case
Management Electronic Case Files (CM
ECF) system which is the input side and has
its own cost structure It accepts the filing of
documents in PDF through the electronic filing
system of each court which maintains its own
databases with case information The index
provides the necessary links to the actual docu-
ments stored in each court
Access to all PACER dockets is available by
registering at its site
lthttppacerpscuscourtsgovgt and the
download cost is eight cents per page with a
US$240 cap per case session with payment
usually quarterly by credit card for those with
non-American addresses
Those with American addresses can get free
access via
lthttpwwwfreecourtdocketscomgt
How does the cost and range compare
BC Court E-Filing to Page 20
By John Clerides
Part of my job de-scription includes
meeting people at so-cial gatherings orbusiness eventsWhen the conversa-tion turns to whatone does for a livingwe inevitably end uptalking about wine
Most people Ispeak with have little understanding abouthow wine is sold imported or priced inBritish Columbia while ironically theyare acutely aware of the low prices forwine in the United States and Europe
When I begin to explain how our sys-tem works people often shake their headsin disbelief So let us spread this cheer byexploring the inner workings of theBritish Columbia Liquor DistributionBranch (BCLDB) and how a wine ispriced
The method used to price wine iscalled an ad valorem tax What does thismean
One source ndash Investopediacom ndash de-fines it as A tax based on the assessed value of
real estate or personal property Ad valoremtaxes can be property tax or even duty on import-
ed items Property ad valorem taxes are the
major source of revenue for state and municipal
governments
The ad valorem tax that the BCLDB usesto assess wine is 117 on the first $751of landed cost Everything thereafter istaxed at 55
Letrsquos take a wine from France with anexport price of euro3 a bottle or euro36 a caseBased on a euro160 exchange rate betweenEuros and Canadian dollars the Canadi-an equivalent value is $5760 a case or$480 a bottle
Now the fun starts An importer factors in shipping tran-
sit insurance storage insurancewarehouse charges administra-tion storage itself (usually sixmonths) the picking sur-charge delivery to theBCLDB locations fuelsurcharges (thereare two of thoseone when the wineis initially shippedand received inBC and onewhen itrsquos movedto the BCLDBrsquoswarehouse) han-dling and any spe-cial labelling
These costs usu-ally add up about$15 or $20 a caseDepending on thenumber of cases im-ported the higher thequantity the lower theshipping charges Now addon the importerrsquos profitwhich varies but usually is be-tween 10 and 20 of the ex-port price
If the importer sells a wealth ofcases they can work on less margin andmake it up in volume If it is a limitedproduction winewith good reviewsand scores theywill try to eke out abit more All ofthese costs are fac-tored in before the117 BCLDBmarkup
So take theinitial export priceof the case ofwine $5780 Addin $20 a case forshipping and othercosts plus 20 profitfor the importer Thecase of wine lands inBritish Columbia at $8910or $742 a bottle
Now the BCLDB applies itsmarkup That
$480-bottle of wine which left Francewill now retail in BC for somewhere
$23 and $26And wersquore not factoring in
currency fluctuation TheBCLDB rules are such thatif an importer applies fora listing at one retail
price and then theEuro increases by 30eight weeks later theimporter is obliged toadhere to their initialretail price
Therersquos more TheBCLDB has specificdays you can apply forprice changes If animporter has to re-pricea wine so they do not
lose any money theymay have to wait a month incurring ad-ditional storage charges It can also workthe other way too but this rarely
happens While a large percentage of the
price you pay for wine goes intotaxes and logistics it does not take
away from the care that goesinto wine on the front end
Carefully managing the landallows the soil to become
alive reducing the size ofthe harvest harvestingvineyards by handmanaging leaf growthcarefully handling vini-fication and agingpractices precisely
All these take yearsto master and all con-tribute to the qualityand enjoyment of awine Sometimes youdo get what you pay for
John Clerides is the owner
and President of Marquis Wine
Cellars John travels extensively
through the wine regions of Italy
France California Washington State
Oregon and Australia Visit his shop at 1034
Davie Street Vancouver or his website
lthttpwwwMarquis-Winescomgt
TopicsTHE BUCK STOPS WITH YOU
Why the price of winemakes you want towail and whine
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorgr S
John Clerides
JAY PATEL ARTIST
11
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
erwise not be sharedWhen you are in a relaxed state the
neo ndash cortex (the subconscious area ofyour brain) is more likely to become acti-vated This is your resource centre aplace where you can really tap into thethings that make you happy and thusbring tools that can help you remain fo-cused establish new goals and findstrength to change situations that arehonestly not working for you
Now bring the Change Management For-
mula components into this concept whenyour relaxed resourceful and reflectivemindset has had a chance to communi-cate with your logical strivedrive dailyndash performance mindset about a positivechange or goal for you to achieve it islikely that your resistance to changewhich may have spent the better part ofthe past year as the dominating factor ina part of your daily duties or desires is
now less powerful than your dissatisfac-tion + vision for what potential you canreach
It is helpful to know that fear drivesthe resistance to change whereas theendless and ominous power the subcon-scious mind provides when it comes tohuman achievement drives vision It istypical that the subconscious mind over-comes conscious fears getting to the re-sourceful state to do so is the key
Pay attention to this seasonrsquos externalforces the ones that spark your internalforces that motivate you to try somethingnew Your desire for change fuelled byyour subconscious desires has overcomethe fear thatrsquos a regular and natural pre-cursor to change
The ability of the subconscious mindto communicate ndash that is the change fac-tor that is different That is why this issuch a powerful time and why it is so im-portant to concurrently incorporate the
last component of the Change Management
Formula taking the first steps towardschange It will give you a good push tostart you swinging towards your personaland professional goals
Herersquos an exercise Letrsquos take that firststep together in the form of experiencingan amazing example of awareness accep-tance dedication and success through thefollowing story
An artist was standing proudly by hisdisplay sculpture at the Art Gallery open-ing Its colour was the traditional gun-metal it was shiny with glistening hints ofbronze and onyx-like shades throughoutthe massive winding tree-like structure
As the crowds gathered he launchedinto an introduction of the piece confess-ing that he had salvaged a gargantuanpiece of metal and intended to bring itinto its existence as a beautiful art sculp-ture The audience was captivated by the
Goalsetting 101 from Page 1
Goalsetting 101 to Page 13
Smile amp Link
SMILE
One of the new features of our redesigned
website includes the ability to post individual
profile photos next to each personrsquos 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
membershipbclmaorg
Thank you for your co-operation
LINK
BCLMA is LinkedIn
The BCLMA is now a group on the popu-
lar business-social website LinkedIncom
which can extend your existing network of trust-
ed contacts
Add the Group and enhance your profes-
sional profile
Topics 12
artistrsquos voice ndash full of wonder and fantasyndash as he continued with the evolution ofthe sculpture
Several months into the creation heexplained he thought the piece was ru-ined and worthless He had discovered adeep ugly flaw along what was intendedto be the most visible line of the intendedfigure
At first it seemed to be a small obsta-cle but as the weeks and months wentby the artist was unable to camouflagethe flaw In fact it seemed to enlarge be-coming more noticeable No matter whattechnique he used the roughness of theflaw could not be tamed not even by themost powerful commercial ndash grade steelsaw the trusted companion in all of hiscreations
For the next several years the artiststruggled with how to work with the chal-lenge He returned to face the piece from
time to time viewing its physical imagefrom different vantage points in proximi-ty and height in differing lights butcould not find a way to resolve the issue
He had loved the piece for so long de-spite its shortcoming it was a truly spec-tacular figure from all but one angle Hewould touch it dust it work on an areaaway from the flaw but no matter whathe did it eventually became obvious to theartist that this flaw would keep the piecefrom being accepted at commercial gradeby his customers and the art industry
If he were to leave the flaw as is itwould have to be displayed in a privateplace for his external reputation could beharmed if it were publicized that he waswilling to live amongst lsquosecondsrsquo with thesame attitude and charisma that he exud-ed with his lsquoperfectrsquo pieces He was fear-ful of taking a risk that might end his ca-reer
So the artist resolved that the only op-
tion was to abandon the piece to createmore room in his studio He decided toforget it in order to focus his creative re-sources on a more fruitful project
Surprisingly moments after arrivingat this raw emotional state somethingcame over him that refused to allow himto abandon the project The decision hadbeen made in his conscious state andonce his conscious mind released its holdhe found himself for the first time lookingat the real problem ndash which wasnrsquot theflaw
He stopped approaching the problemwith his business senses his logicalthought processes to do with the adviceon use of his time analysis of the productrsquos eventual profitability and hisreputation amongst stakeholders in hisartistry
Instead he approached the problemwith a tool he possessed that was morepowerful than his business brain more
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 13
SAVE THESE DATESMark your calendar with these upcoming
events and important dates
Wednesday Sept 23 2009
BCLMA ndash ALA ndash TLOMA Breakfast
webinar lsquoEvolve to Solversquo Presented by Gary
Mitchell (Vancouver) and Catherine Mitchell
(Toronto) of GEM Communications
Fri-Sat Oct 2-3 2009
ALA Region 5 Conference Fairmont Banff
Springs Banff Alberta Canada
Wednesday Oct 7 2009
BCLMArsquos First-Ever Leadership Series
lsquoLeadership amp Balancersquo Presented by
Joanne Ward BComm BEd MA CCC
Thur-Sat Oct 21-23 2010
BCLMA Educational Conference Vancou-
ver Contact Jane Kennedy at Membership ad-
dress below to join the Conference Planning
Committee
Goalsetting 101 from Page 12
powerful than his electricsaw His emotional brain +his heart became the en-gine and fuel behind the so-lution the solution that wasin sync with who he was acreator a transformational-ist a builder
With the voice of a wiz-ard the artist shared withthe rapt crowd around himwhat the audience hadbeen waiting for what hadbrought the seemingly bro-ken hopeless unattractiveand invaluable piece to thegrandure the people wit-nessed today
The first component ofthe plan that emerged fromhis subconscious state com-
mitment He truly did notwant to abandon the struc-ture despite its lack of com-mercial value He foundhimself committing to thefollowing familiar proce-dures that worked for himin the past (1) Hard physical work (2) Exhausting mental work as he focused
his attention on small progressivesteps
(3) Time a lot of time more time than hehad previously been willing to devoteand
(4) Various tools in addition to theallndashpowerful electric saw The second component patience In-
stead of brutally amputating the trou-bling piece he used the saw ndash but in amuch more gentle patient manner in or-der to shave thin layer after layer off thedamaged surface
The third and perhaps most importantcomponents in bringing about the changewere combined in attitude and respect In-stead of resenting the flaw he created anecological space for his creativity to flow asit did with other pieces that appeared lsquoper-fectrsquo He let go of the stressors ndash makingmoney and personal gain ndash to honour theinternal reasons for this project
The hours he spent polishing the vi-
able edge material flew by Ingenuitybloomed as it dawned on him he coulduse a resource he had never tried beforein his sculptures a chemical elixir to dis-solve the edges where neither the power-ful saw nor the gentle buffer could pro-duce the desired result
Success the flaw smoothed away theintegrity of the piece maintainedThrough all of the alternative processesthe artist achieved his goal bringing thepiece to a level of public acceptance andhigh market-value but that itrsquos mostvaluable to him personally and profes-sionally Thatrsquos when he said the piecewas not for sale
Everyone in the audience smiled anddrew their gaze up to the top of the struc-ture They had in that 10 minutes madethe journey from the raw troubled begin-nings to the place of a polished visionThey had during that short time livedwith the artist through his accomplish-ments in reaching the potential of the man
and the object on this seem-ingly dead-end situation
POINTS TO PONDER ndash FLEX THOSE SUBCONSCIOUSMUSCLES
If you stood with thegroup at the foot of the stat-ue without the introductionfrom the sculptor you wouldnever have known it wasoriginally rejected by its cre-ators ndash nature metal makersand the artist ndash and was onits way to becoming a worth-less object ignored by thepowers that controlled theenvironment where it trulybelonged and shone
Notice through yourjourney with this passionateartist that you are now in aresourceful state of appreci-ation for the importance ofawareness acceptance nur-ture and transformation
Is it possible for us toknow the worth of ourselvesor another without spendingsome time to become gen-
uinely acquainted with the 360 degree in-ternal and external view ndash with what wecan and cannot see Are you willing torisk answering ldquoyesrdquo to this question andnot take a deeper or more resourcefullook at yourself or others
Send me an e-mail let me know whatyou decide
Jan Whyte is a Certified Professional Coach
as well as General Manager and Administrator
of Murphy Battista Barristers in Vancouver
She can be reached at
ltWhyteMurphyBattistacomgt
She has spent 26 years working in litigation
firms in Vancouver In addition to her adminis-
trative role at Murphy Battista she consults with
staff and lawyers on various components of life in
law firms including recruitment worklife bal-
ance team dynamics such as leadership or con-
flict resolution and enhancing individual and
group performance Jan is an active Board Mem-
ber and the President-Elect of the BC Legal
Management Association
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
14Topics
SEBA
STIA
NKA
ULIT
ZKI
ARTI
ST
By Mike Bowerbank
In the olden days ndash you know way backwhen Windows 95 was new and crash-
ing computers ndash your social network con-sisted of friends you hung out with andtalked to in person
Face to face Can you believe thatIn 1995 the first large social
networking site sprang upClassmatescom gave people anew way to relive those awk-ward high-school moments It
also enabled visitors to see if thecaptain of the rugby team still had hairand his own teeth
It was more of a way to capitalize onnostalgia with a specific group of peopleso one could argue about just how muchof a social network it really was
The first of what we associate with so-cial-networking sites today was launchedin 2000 Friendstercom grew quickly andbecame so popular that it spawned sever-al copycat sites including MySpace (2003)and Facebook (2004) both of which havesurged ahead of Friendster in popularity
All of these sites allow you to post aprofile that includes all of your personaland contact information show off pic-tures of your kids and make the entireonline world aware of your happeningsSuch sites quickly became the way to stayin touch with people without ever havingto you know actually see them or talk tothem
The great thing about these sites is theease with which we can keep in touch
with people despite our time-crunched lives Rather thanphone or meet with the peoplein your life you can simplyupdate your page with yourlatest news and pictures so
that everyone can see them at onceYou can also play games take quizzesand interact with people from all over theworld
Some businesses are using social-net-
working sites tobuild their brandimage and tomaintain contactwith like-mindedcompanies andclients
One site in par-ticular LinkedIn isgeared specificallyfor professionalsand entrepreneurs and now boasts morethan 36 million members in 200 countries
GONE PHISHINGThere is a problem prevalent on e-
mail known commonly as lsquophishingrsquo
Phishing occurs when a fraudulent mes-sage urges you to visit an internet link toverify passwords account information orother personal or private details
Your participation provides crookswith access to your bank accounts for in-stance which they promptly empty
Other thieves donrsquot need to phish bye-mail thanks to social networking Mostpeoplesrsquo passwords for their logins orbank accounts are the names of their kidsor pets PIN numbers are often signifi-cant dates such as birthdays and anniver-saries If that type of information is post-ed on your Facebook page it is literally avirtual bonanza for thieves
Social networking sitesalso seem to appeal to sexu-al predators so keep an eyeon your children as theyuse these types of sites
According to Wikipediathere are now over 200 so-
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
15NOT-SO-SOCIAL NETWORKING
When I was a kid we had Windows 95and we talked to people ndash and we liked it
Topics
zsaca I 1-877-681-0706
Elizabeth Borrill I eborrill zsaca
in change
Wersquore yourpartner
Mike Bowerbank
cial-networking sites online and manypeople are on more than one
FACE TO FACEBOOKFacebook has become the most popu-
lar social-networking application Morethan 200-million users take quizzes up-load pictures contact long-lost friendsand post status updates letting peopleknow what theyrsquore doing from day today
Prospective employersalso use Facebook to look upapplicants Remember thatcandidate who was dressedto impress in your office dur-ing the interview andseemed so eloquent Thatrsquosthe same guy whose Face-book profile photo showshim passed out on the street wearing atutu with a status update that reads Party
Naked
Personal-injury lawyers use Facebookto disprove disability claims One case in-volved a person on leavefrom work because theyclaimed they were toosore to use a computerBy logging onto Face-book opposing lawyerswere able to dispute theclaim by demonstratinghow the injured personused computers regularlyto update their Facebook page Policehave used both MySpace and Facebookto check for probation violations andweapons being brandished in public
If you think your profile is only opento other Facebook users think again OnJune 12th Facebook enabled your profilepage to be viewed as a web page Theformat is wwwfacebookcomusernameand you no longer need a Facebook ac-count to view a memberrsquos profile page
TWITTER TWEETS AND TWITSJust when you thought Facebook had
taken things far enough into the ldquotoomuch informationrdquo realm along came anapplication that is the new killer appTwitter is basically a bare-bones text-based social application made with cell
phones and Blackberries in mind Youbroadcast short messages (140 charactersmaximum) known as tweets to yourworld
Twitter has become the third most-popular social-networking applicationbehind Facebook and MySpace respectively
Twitter like all social applications hassome good practical uses For examplein this recent election in Iran Twitter be-
came the organizing tool of choice for thepro-reformist camp using it to makeprotest arrangements and send globalmessages slipping these past censors(The Iranian government promptly re-
sponded by blocking Twitter and Face-book in the country showing the vulner-ability of both mediums)
While the horrific scene unfoldedduring the 2008 Mumbai attacks in In-dia an estimated 80 tweets were sent ev-ery five seconds People on the scene ofthis terrorist bombing and shooting usedtheir tweets to help compile a list of ca-sualties and to broadcast the location ofhospitals that needed blood donations
In the legal world Twitter allowslawyers in court to provide minute-by-minute information to other lawyers backat the firm This enables assisting lawyers toprepare appropriate materials as needed
With those notable exceptions ac-knowledged one canrsquot help but comparethe pragmatic uses to the vast majority of
Twitter users who consider standing inline at Tim Hortonrsquos post-worthy or thatthere is a terrible smell coming from theirfridge Twitter is used mostly as a narcis-sistic tool so that the world can know ofyour daily happenings ndash sort of a way tobe the star of your own reality show
LIKE OMGSocial networking can be fun and
useful if used sparingly and casually In-stead of getting out andmeeting each other peopleare using social networkingsites to look for love com-panionship and even extra-marital affairs And theysay romance is dead
If you joined Facebookjust to see what your kids
are up to be forewarned that you mightactually find out and wish you hadnrsquot
Donrsquot spy on your kids talk to themYou know with actual spoken words likethey used to do way back in the 20th
CenturyWhen your com-
puter screen becomesyour main window tothe world and literallybecomes your sociallife you might be ad-dicted Such an addic-tion is as serious as-andno easier to overcome
than-other addictions like gambling As the world becomes increasingly
connected it seems that people in societybecome increasingly isolated socially Itrsquosthe paradox of modern communicationand contributes to a large part of the rea-son why Generation Yndash the Millennials ndashusually excels at technology but generallylacks in social skills
If this trend continues and more peo-ple live online good social skills may endup as extinct as the 525rdquo floppy driveand the game Pong
I know Irsquom writing some things towhich online addicts may object but Idonrsquot expect to hear from them aboutit
They only read things that are 140characters or less OMG LOL
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 16
PHILI
PBA
RKER
ART
IST
When the Vancouver OrganizingCommittee for the 2010 Olympic
and Paralympic Winter Games (VANOC)sets up its on-the-ground operations inearnest this fall and winter itrsquoll be mak-ing room in a downtown Vancouver ho-tel in early February for a special Gamesdivision of the Court of Arbitration forSport (CAS) supervised by a city lawyerwho is well-known in the Olympicsmovement
The International Council of Arbitra-tion for Sport (ICAS) which is based inLausanne Switzerland is the fund-rais-ing and administrative body that tookover from the International OlympicCommittee as the Courtrsquos supervisory organization
The IOC launched the court in 1984to settle disputes amongst its sports feder-ations but within its first decade theIOC became increasingly criticized forthe strength of its influence over thecourt The ICAS was formed in the mid-1990s to create independence and an ad-ministrative structure for the courtrsquos in-creasing activities
Three permanent courts exist ndash Lau-sanne Switzerland (where the IOC isalso headquartered) New York and Syd-ney Australia But the ICAS also estab-lishes ad hoc courts such as the one forthe 2010 Games as needed The CASuses about 300 arbitrators from 87 coun-tries and handles about 200 cases a year
The CAS for the Olympic portion ofthe 2010 Winter Games will include ninelawyers acting as arbitrators to operatein the Renaissance Vancouver HotelHarbourside at 1133 West HastingsStreet from February 2 10 days beforethe start of the Games to February 28the day of the Olympic Closing Ceremo-ny
The Renaissance is one of three bigdowntown Vancouver hotels ndash includingthe Bayshore and the Pinnacle a corpo-rate sister of the Renaissance that is locat-
ed right across West Hastings street aswell as the Vancouver Club ndash thatVANOC is taking over completely duringthe Olympic portion of the Games sothey can be used by the IOC and its re-lated organizations
On March 26 the ICAS formally ap-pointed Tricia Smith ndash Vancouverlawyer and partner of Barnes Craig ampAssociates ndash as its liaison officer withVANOC In this role Smith will carry re-sponsibility for the relationship and com-munication between ICAS CAS andVANOC between now and when theOlympic portion of the Games wraps upin early March
Smithrsquos legal experience communityinvolvement and sports backgroundmake her an excellent candidate for thisrole
Although her law practice focuses onmanaging claims for liability insurers andproviding risk-management consultingshe is also a sports arbitrator with anabiding interest in the Olympics
Smith has been a member of the ICASsince 2001 She was unsuccessful in aclosely fought contest with Marcel AubutQC OC a Quebec City-based lawyerwith Heenan Blaikie in a bid this pastspring to replace the Canadian OlympicCommitteersquos (COC) current presidentMichael Chambers when his term endsafter the 2010 Games she will remain onthe COCrsquos Executive Committee as theorganizationrsquos vice president workingfirst with Chambers later with Aubut
Smith is also a four-time Olympianand medallist in rowing the founder andpast president of Olympians BC and vicepresident of its parent organizationOlympians Canada
Smith remains a member of the Exec-utive Committee of the InternationalFederation of Rowing Associationswhich is also headquartered in Lausanneand chairs its Womenrsquos Rowing Cross-Commission
She is also a former member of theBoard of 2010 Legacies Now which wasoriginally formed by the BC govern-ment to be the armrsquos-length implementerof several major social goals of the gov-ernment connected with the Games
Although 2010 Legacies Now contin-ues to work on those goals with the helpof various companies connected to the2010 Winter Games and others and al-though it receives the majority of its fund-ing from Victoria it is now a fully inde-pendent society
The CAS usually involves panels ofthree arbitrators each and they deal witha wide range of issues involving the intri-cacies of relationships between the nu-merous international sports federationsthat the IOC supports through fundsgenerated by sponsorships and Olympicgames and it often deals as well with ap-peals from decisions by the federationsthat affect their athletes
Its work in the controversial field ofanti-doping gives the CAS its highest visi-bility For example just this past June itworked out the appropriate suspension ofGerman ice-hockey player FlorianBusch who made the mistake last De-cember of refusing to provide a urinesample when a doping-control officerknocked on his apartment door a sur-prise test is a known and standard part ofthe International Ice Hockey Federa-tionrsquos procedures for out-of-competitiontesting
Though he took the test a couple ofhours later and it was negative forbanned substances it was too late Therewas a plethora of subsequent legal argu-
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 17BAIRNES CRAIGrsquoS TRICIA SMITH TO SUPERVISE
A sophisticated new court will be set up indowntown Vancouver for the 2010 Games
ments and appeals from various bodiesabout which one should sanction himand for how long
The CAS sorted through the compet-ing claims and ruled that he would re-ceive a two-year suspension effectivelypreventing him from competing in the2010 Games
Perhaps one of its most famous caseswas a decision to uphold a life-time banon taking part in Olympic winter gamesimposed by the IOC against three of fourmembers of the Austrian Nordic skiingteam attending the Torino Italy WinterOlympics in 2006 for allegedly sharingldquocomplicity to violate anti-doping rulesrdquo
Eventually the CAS court commuteda similar ban to the fourth member of theteam to a four-year suspension ndash it endsjust after the 2010 Games ndash after review-ing his lesser role in the affair
When the Olympic Games are under-way the Athlete Villages in Vancouverand Whistler and any separate apart-ments used by Olympic athletes theirteam coaches and related officials have akind of diplomatic separation from thecriminal laws of the host country when itinvolves things such as drugs where con-victions in some countries carry thedeath penalty The IOC as part of itsthicket of legal agreements with hostcountries obtains the authority to lookafter anti-doping cases on its own termsduring the Games The deal usually in-volves the local police going in with IOCinvestigators each with their own juris-diction
The cases can be deadly serious Theanti-doping case that involved the CASstemmed from a joint IOC-Italian policeraid on the rooms of the Austrianbiathlon and cross-country squads onFebruary 18 2006 in the teamrsquos privatequarters in the Italian Alps while theTorino Games were underway
The IOC later reported that 80 medi-cal devices including advanced medicalequipment were found in the apartmentalong with used syringes blood bagsblood-transfusion equipment and evenbloody handkerchiefs
In 2010rsquos case once the Games arefinished the CAS court goes too
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 18FIRM LEADERSHIP THROUGH UNCERTAIN TIMES
Leading your firm through the difficultdilemma of terminations or layoffsBy Tim Wurtz Administrator Baker Newby LLP
Our profession and the world at largebuzzes with the employment impli-
cations of our general economic slow-down Whether you face small adjust-ments to your work force or a larger scalelayoff to control that salary expense lineitem leadership before during and afterany termination plays a central role inhow your firm will weather any fallout asa result of constraints to your work force
LawShuckscom reports that 125 ma-jor law firms around the globe have an-nounced or conducted layoffs The com-bined total is 10723 people 4015lawyers and 6708staff Most law firmson that list thank-fully do not haveany significant rec-ognizable namesfrom our BCLMAnetwork however all local firms whospoke with me are cautiously managingtheir salary expenses
While most research and surveys thatexamine the long-term effects of downsiz-ing indicate that companies that cut staffend up disappointed with the resultsmany of us will face formulating staffingstrategies to control costs Layoffs mayserve a short-term need but create largerlong-term issues Nonetheless we mustmanage and lead as directed by our Part-nership or Managing Committees
I am sure my fellow Administratorsand HR Managers will agree that an im-pending termination on any scale canconsume the workday We complete thenecessary forms derive suitable severancepackages develop plans to reassign workor alternatively reinvigorate the recruit-ment process to find a suitable replace-ment While we focus on the person orpersons being terminated we might over-look and forget or ultimately deny an im-portant aspect of the overall process ndash the
employees we keepThe Law Practice
Today section in theJanuary edition ofthe ABA Law Prac-tice Management in-cluded an article byJaffrey C Connerconcisely summariz-ing the point that fu-ture success of a firm depends largely onthe leadership of management after anylayoffs have been made
The workplace mood becomessomber People ask themselves ldquoAm Inextrdquo There will be a significant amount
of distrust of man-agement and anxi-ety over subsequentjob losses Thesefeelings must betempered by astrong unified mes-
sage from Management It is reasonableto admit the future is uncertain and thatevery effort will be made to ensure astrong and viable law firm well into thefuture Also tell the staff that this uncer-tainty will undoubtedly result in difficultdecisions after every possible alternativehas been considered
Terminating employees is a decisionthat is never made lightly To be an effec-tive leader you need to reinforce that alloptions were considered prior to layoffsUnder conditions of economic uncertain-ty the contribution of leadership is notsimply to inspire or build confidence butrather to solve problems and make ap-propriate strategic decisions
I learned an important lesson at lastyearrsquos BCLMA Conference Peter deJager a specialist in Change Manage-ment said in the closing session ldquoPeopleactually are not resistant to change theyare resistant to the way change is broughtaboutrdquo
Some employees consider termina-
Tim Wurtz
ALL LOCAL FIRMS ARECAUTIOUSLY MANAGINGTHEIR SALARY EXPENSES
tions or layoffs as drastic and developstrong feelings against managementLeaders must remain aware of the per-ceptions of their Partnership BoardManagement ndash and staff All three groupsinfluence a leaderrsquos ability to implementchange specifically to bring about signifi-cant staffing reassignments
Much literature exists about the dis-tinction between leaders and managerswith leaders having vision and creativityand managers focusing on improving ef-ficiency Leaders should exercise dili-gence toward gaining an understandingof their capacity within the organizationto properly apply leadership theories ifappropriate
During uncertain times we need tothink about adaptive and situational lead-ership-the right person with the rightstyle for the right situation Mining theInternet and academic journals for de-scriptions of leadership styles yields hun-dreds of words typically used to describe
a vast variety of leadership traits andtechniques
Two styles reside on opposite ends ofthe spectrum Visionary Leaders and Au-thoritative Leaders A visionary leaderpossesses a charismatic personality em-braces a democratic approach to the de-cision-making process and tries to en-gage staff in ongoing strategic initiatives
An authoritative leader prefers au-tonomous control over decision-makingmotivates employees using various formsof intimidation shows reluctance at relin-quishing control and fails to actively seekfeedback throughout management pro-cesses During difficult and emotionalstaff terminations and re-assignments theenormous grey area between these two
styles is required to carefully steer yourship through difficult waters
Use components of visionary leader-ship to bring employees into the world ofdecision-making Solicit ideas Listen towhat staff say when you introduce cost-saving measures For employees who areterminated or laid-off consider outplace-ment services a mutually agreeable refer-ence letter and perhaps access to thefirmrsquos resources or referral networks sothey can actively seek other employmentFor employees who are retained and pos-sibly required to assume additional re-sponsibilities for the same or less paythink about new benefits you can offerthem such as additional training andsupport
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 19
TERMINATIONS OR LAYOFFS ARE ABOUT LOSS BUT THEY ALSO CREATE OPPORTUNITYFOR US AS LEADERS AND MANAGERS
JAM
ESTH
EW
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Use aspects authoritative leadership toreinforce the notion that difficult deci-sions are inevitable that assuming issuesassociated with terminations or downsiz-ing will solve themselves over time is irre-sponsible It is important not be per-ceived as laissez-faire in yourmanagement capacity and to clearly es-tablish that while difficult the decisionsmust be respected
We are expected to possess the skills toproperly and compassionately deliver badnews to staff As managers it is our dutyto be knowledgeable of how people willreact and deal with the ramifications ofour actions Often the problems in work-force reductions arise when people donrsquotsee logic in why they were laid off andothers kept their jobs People draw theirown conclusions
I know first-hand that remaining stafftypically formulate their own complextapestry of reasons to explain why some-one has been let go These conclusionscanrsquot include aspects of the decision-mak-ing process to which they are not privy
It is counter-productive however toargue with this mentality as they are typ-ically emotionally driven conclusions Ra-tionalization may serve to further fuel thefire of distrust of management
However we cannot ignore it entirelyeither We will need to address the ru-mours and speculation either as a groupor one-on-one
Terminations or lay-offs are aboutloss but they also create opportunityfor us as leaders and managers Ourwords and actions can inspire loyaltyand enthusiasm Vision and authoritymake great bedfellows in any leaderrsquosarsenal of tools but sustainable law-firm profitability and excellence takes aconcerted effort on any managerrsquos partto become and remain the leader that isthe glue in the firmrsquos organizationalculture
Leaders must be honest and trans-parent about current conditions whilstremaining positive and reassuring En-gage Consulting Solutions in its publi-cation Engaging Employees in Uncertain
Times suggests that you must counteractpervasive negativity by providing clear
consistent messaging about the firmrsquosreality regardless of the reality In addi-tion focusing on programs that pro-mote recognition employee wellnesslearning and development are also seenas crucial to reducing the uncertaintywhile increasing retention and engage-ment
The July-August 2009 issue of The
Harvard Business Review lists new requiredleadership skills particularly vital in ourclimate of economic uncertainty 1) Foster Adaptation ndash For instance de-
velop ldquonext practicesrdquo in addition tocontinuing with current best practices
2) Embrace disequilibrium ndash While thisseems to depart from traditional lead-ership efforts to create a harmoniousequilibrium it is suggested you keepstaff in a state that creates enough dis-comfort to induce change but not somuch that they fight flee or freeze
3) Generate leadership ndash Give employ-ees at all levels of the organizationthe opportunity to lead departmentsor firm initiatives that will help itadapt to changing timesA suggestion to Administrators and
HR managers struggling with difficult sit-uations Ensure you take care of yourselfthroughout these dynamic times Cam-bridge Leadership suggests that you 1) Give yourself permission to be both
optimistic and realistic2) Find sanctuaries where you can reflect
on events and gain perspective 3) Reach out to trusted confidants with
whom you can speak openly 4) Bring more of your emotional self to
the workplace noting that appropriatedisplays of emotion can effect change
5) Do not lose yourself in your role nordefine yourself through a single en-deavourThrough these uneasy times we must
skillfully balance the profitability of thepartnership with a healthy organizationalclimate for the firm
They are not mutually exclusive dur-ing economic uncertainty but do requirecareful planning and actions by law firmmanagers to advance our stature withinthe decision-making process to that of alaw-firm leader
dentials except for affidavits and orders Efficient ndash Law firms will like the ease
and convenience as well as the effi-ciencies gained E-Filing allows you tofile retrieve and electronically searchfiles from your office or home It sim-plifies document preparation for of-fices by eliminating the need to printand prepare multiple copies of docu-ments for filing After submitting your documents you
can check on the status at any time sim-ply by logging in at CSO If requestedCSO will automatically send an e-mailnotification as soon as the registry hasprocessed the document
Once the registry accepts the e-Fileddocument it is electronically stampedYou can then download the documentfor your files Enviromental ndash E-Filing can offer a
greener solution for offices by eliminat-ing the need to print and prepare mul-tiple copies of documents for filing As a result your office can use less
paper E-Filed documents do not need tobe physically transported thereby reduc-
BC Court E-Filing from Page 10
Topics 20
ResourcesE-Filing is available for most types of docu-
ments For e-Filing rules refer to SupremeCourt Rule 69 which is athellip
lthttptinyurlcomnasoj9gthellipand Small Claims Rule 22 located
at lthttptinyurlcoml7ch8ggtThere are quite a few Rules on each of these
web pages so once you arrive use your brows-
errsquos Find command to quickly search the page
for the text Rule 69 in the one case or Rule22 in the other
You can register for a CSO account online
through the CSO website atltwwwcourtservicesonlinegovbccagtor if you are a BC OnLine user through BC
OnLine at
lthttpswwwbconlinegovbccagtPlease visit Court Services Online at
wwwcourtservicesonlinegovbcca Questions can be e-mailed to
CourtsCSOgovbcca
E-Filing to Page 21
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
By Michael J Anderson Principal Innovative Consulting
Sometimes whenwe have our
heads down justploughing awaythrough the fires onour desk we losesight of the funda-mental things thatwe should do togrow our practices
Wersquore not talkingabout huge expensive or complex mar-keting strategies here We are just remind-ing you of the basics Several of you prob-ably already do many of these thingsseveral of you probably plan to do manyof these things Our hope is that this listwill remind you of what it takes to expandyour practice and spur you on to turnyour best intentions into best practicesWe also hope that you will gain some newideas and insights
The following in no particular order
is provided as a checklist for what youmight want to do to become more profitable
1Get out of the office Every great RainMaker will tell you that you must meet
with your current and potential clients of-ten either on their turf or on neutralground
2The old 8020 rule still applies Yes 80of your new work will probably come
from 20 of your current clients Do youknow which of your clients provide youwith the most work If you do how areyou building on that relationship We seetoo many firms and lawyers spendinggobs of time and money trying to attractan elusive new big client Your best tar-get for success is the client you alreadyknow and who already knows you
3Just say ldquoNordquo Being fearful of whereour next file will come from makes us
want to accept every possible bit of workthat might come in the door whether thework is profitable whether we have goodprospects for getting paid whether it is anarea of law in which we are comfortableor whether our time could be better spentattempting to land the work that we reallywant at rates that will help us to succeedIt seems to be the credo for many lawyersthat ldquoThey have never met a dollar theydidnrsquot likerdquo Instead ldquoFocus on the goodstuffrdquo as professional-business consultantDavid Maister would say
4Budget your time and money Typically alawyer works about 2500 hours each
year roughly split between 1400 billablehours and 1100 non-billable hours Thenon-billable time is broken into segmentsfor management associate training per-sonal education research and marketingWe suggest that every lawyer allows forabout 600 hours per year for marketingtheir practice with a marketing budget ofbetween 2 and 5 of their gross rev-enues The marketing should include ad-vertising website creation and mainte-nance marketing-skills training andclient promotion-among other things
5Get involved We have a moral duty togive back to our communities
Choose a charity community group po-litical organization or business associa-tion that you enjoy and is important toyou Many of these types of groups are
looking to add a lawyer or two to theirboards In addition to contributing to agreater common good you will also net-work with other successful business peo-ple
6Market internally Ensure that everyonein your firm knows all of the facets of
the work you are capable of handling theareas in which you are looking to expandand your availability to handle the workAsk your partners about possible cross-selling opportunities Since cross-selling isa two-way street look at your own clientlist for possible situations to offer yourpartners For younger lawyers internal
marketing is possibly the only marketingthat they can do as their peer group hasnot yet risen to positions or situationswhere they can direct legal files to theirfriends Every young lawyer should askthe more senior members of their firm forwork on a weekly basis A lot of work willtransfer down to them if they prove theycan handle it
ing fuel consumption and its environ-mental impact Inexpensive ndash An office can reap sav-
ings from e-Filing through reducedprinting costs as well as reducedcosts from delivering documents tothe registry particularly when fil-ing beyond the local registry There is a $7 e-Filing transaction
fee per filing package regardless ofwhere the document is filed A filingpackage is any number of documentsbeing e-Filed to the same court file atthe same time The transaction feeand any applicable statutory filing feesare paid online through a BC OnLine
deposit account or with a credit card With all of these positive reasons
to e-File why not give it a try Go on-line today to view a demonstration ofhow to e-File to an existing court fileor how to use e-File to start a newcourt file
15 ideas for improving your practice
BC Court E-Filing from Page 20
21Topics
Michael Anderson
HOW DO FIRMS USE ON-LINEVIDEO TO VIEW AN
EFFECTIVE USE OF THISMEDIUM VISIT TORYrsquoS
WWWTORYSCOMVIDEOCENTERPAGESDEFAULTASPX
SINCE CROSS-SELLING IS ATWO-WAY STREET LOOK ATYOUR OWN CLIENT LIST FOR
POSSIBLE SITUATIONS TOOFFER YOUR PARTNERS
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
7Go to school Many lawyers can benefitgreatly from marketing training or
personal coaching In the old days a se-nior partner would grab an associate bythe scruff of the neck drag them toclient lunches and warn them to just sitthere keep their mouth shut and learnAnd they did learn Similarly we needto develop ways to share the marketingskills that already reside within ourfirms especially for our youngermembers
8Create a ldquoDream Listrdquo In aperfect world who
would you have as clientsand what type of workwould they send you Onceyou have the list startstrategizing on how youcan get an introductionand what you would saywhen you finally meetthem Why should theyhire you What will set youapart from your competi-tion After all many clientsfeel that most lawyers arethe same ndash they point tolaw firm websites andbrochures where you willsee that most of them at-tempt to sell ldquoBetter Fasteramp Cheaperrdquo Differentiateyourself Innovate
9Research Do you trulyunderstand your clientsrsquo
core needs What issueskeep them awake at nightand what can you do tohelp them Use the Inter-net to gather informationabout your current and po-tential clients Use that datato customize your proposalto them This demonstratesan understanding of theirbusiness and a commitment tohelp them enhance it
10CRM Institute a Customer Relation-ship Management program that will
track who when how and what the nextsteps are in your marketing strategy A sim-ple and inexpensive option like MicrosoftOutlook or a more legal-specific option like
Amicus Attorney will get your started
11Write write and write some more Createa perception of expertise by writing
topical articles and getting them pub-lished in relevant print or online maga-zines newsletters and blogs
12Leverage your writing Create a mailingor even better an e-mailing list of
clients and potential clients and send
them copies of the articles that you writeThe goal is to have them say ldquoThis onesure seems to know their stuffrdquo Thenhave the article placed in a strategic loca-tion on your website so that visitors will
also see that you have expertise Take itone step further and create a seminarpresentation or speech using the article asthe basis Undertake each at the personalgroup or firm level ndash or all of the above
13Leverage your people How many timeshave we heard ldquoPush the work
down and free your time to do the moreimportant stuffrdquo Why do many of us still
resist that strategy Whether you are ina large firm with associates or a
sole practitioner with parale-gals use junior practitionersto a greater degree Usingleverage will make youmore profitable and freeyour time for more impor-tant things
14Web support Amongother things websites
are the brochures of the newmillennium Is your websitesupporting your marketingefforts or is it just a neces-sary expense The most ef-fective sites have a lot incommon they are builtfrom a clientrsquos point of viewthey are informative and ed-ucational they display yourexpertise they have person-ality they are well ldquotaggedrdquoto be picked up in Googletype searches and usevideos effectively
15 Discipline Sometimesour best intentions lack thediscipline to carry out whatwe know we need to doDevelop a strategy with atimetable to accomplish theplan Start with this check-list and add to it as youprogress along the road to
growing your practice Wehope that this will help you to
focus on the issues that are mostimportant for you and your firm go-
ing forward
Michael J Anderson is a principal in Inno-
vative Consulting Hersquos based in Vancouver and
can be reached at 6042724222 or at
andersoninnovativeconsultingca
Topics 22
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
SUMMER 2009
Editor Stephanie MarshManaging Editor Designer Peter Morgan
This issue is also available in PDF format atlthttpwwwbclmaorggt
Topics Archive amp Indexlthttpwwwbclmaorggt
Editorial copy 2009 BCLMA CANADA
Published by MORGANNewsletters 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 BC It is the BCLMA lsquos goal toprovide educational and networking opportunitiesto 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
NEWSLETTER SERVICES
TOPICS is a public newsletter We will be pleased toadd you to our mailing list for this newsletter Pleasecontact the Editorial Committee Chair or any mem-ber of the Editorial Committee listed on the left forcomments on any of these articles or to offer sugges-tions for articles in future issues or for adjustments tothe circulation list Comments are always welcome
REPRODUCTION RIGHTS
Topics is copyrighted however we encourage you tocirculate or copy this material unmodified for yourown internal or private use You may freely quoteany article or portion of article but it must be ac-companied by attribution Quoting any article orportion of article without attribution is prohibitedThe newsletter its contents or its material may notbe sold intact or modified nor included in anypackage or product offered for sale
EXECUTIVE Stephanie Marsh President
Fasken Martineau2900 550 Burrard StreetVancouver Canada V6C 0A3D 6046314767F 604-631-3232SMarshFaskencom
Jan Whyte Vice-President
Murphy Battista2020 650 West Georgia StreetVancouver BC V6B 4N7D 6046333811F 604-683-5084WhyteMurphyBattistacom
Gary Carter Director
Paine Edmonds LLP1100 510 Burrard StreetVancouver BC V6C 3A8P 6046831211F 604-681-5084GCarterPaine-Edmondscom
Cindy Hildebrandt Director
Richards Buell Sutton LLP700 ndash 401 West Georgia StreetVancouver BC V6B 5A1P 6046823664D 6046619267F 604-688-3830CHildebrandtrbsca
Evenna Liu Director
Oyen Wiggs Green amp Mutala LLP480 ndash 601 Cordova Street WVancouver BC V6B 1G1D 604-676-9074F 604-681-4081ELiuPatentablecom
Barb Marshall Director
Fasken Martineau2900 ndash 550 Burrard StreetVancouver BC V6C 0A3D 6046314991F 604-631-3232BMarshallFaskencom
Angela Zarowny Treasurer
Direct 6043510124azanddzShawca
Jane Kennedy Administrator amp Membership Services
BCLMA
PO Box 75562RPO Edgemont VillageNorth Vancouver V7R 4X1P 6049881221F 604-988-1221MembershipBCLMAorg
SUBSECTION LEADERS
Facilities amp Service ManagementJanice McAuley Co-Chair
Lawson Lundell LLP1600 ndash 925 West Georgia StreetVancouver Canada V6C 3L2D 604-631-9254F 604-669-1620JMcAuleyLawsonLundellcom
Lorraine Burchynsky Co-Chair
Boughton Law CorporationSuite 700 ndash 595 Burrard StreetVancouver Canada V7X 1S8D 6046474162P 6046876789F 604-683-5317LBurchynskyBoughtonca
FinanceSheila Tham Co-Chair
Watson Goepel Maledy LLP1700 ndash 1075 West Georgia StVancouver BC V6E 3C9P 6046881301F 604-688-8193SThamWGMlawcom
Linda Lucas Co-chairDavis LLP2800 Park Place 666 Burrard StVancouver BC V6C 2Z7D 6046436305F 604-687-1612E LLucasDavisca
Human ResourcesTina Giallonardo Chair
Miller Thomson LLP1800 840 Howe StVancouver BC V6Z 2M1P 6046872242F 604-643-1200TGiallonardoMillerThomsonc
Knowledge ManagementGreg Christensen Chair
Fasken Martineau2900ndash550 Burrard StreetVancouver Canada V6C 0A3D 6046314993F 604-631-3232GChristensenFaskencom
MarketingRecruiting
Small FirmsSharon Kwong Wah Chair
Young Anderson1616 ndash 808 Nelson StreetVancouver Canada V6Z 2H2 D 604-689-7400F 604-689-3444KWongWahLYAbcca
TrainersRuth-Ann Spencer Co-Chair
Bull Housser amp Tupper LLP 3000 1055 West Georgia Street Vancouver BC V6E 3R3 D 6046414921 F 604-646-2638 RASBHTcom
Lisa Dick Co-Chair
Fasken Martineau 2900ndash550 Burrard Street Vancouver V6C 0A3 P 6046313131 F 604-631-3232 LDickFaskencom
Technology Aaron Fahlman Co-Chair
Fasken Martineau2900 550 Burrard StreetVancouver Canada V6C 0A3D 6046314960F 604-631-3232AFahlmanFaskencom
Aaron Zuccolin Co-Chair
Watson Goepel Maledy LLP1700 ndash 1075 West Georgia StreetVancouver BC V6E 3C9 D 6046425661F 604-688-8193AZuccolinWGMlawcom
EDITORIAL COMMITTEE
Bob Waterman Chair
Richards Buell Sutton LLPD 6046619241F 604-688-3830BWatermanRBSca
Stephanie Marsh Editor
Fasken Martineau2900 550 Burrard StreetVancouver Canada V6C 0A3D 6046314767F 604-631-3232SMarshFaskencom
Mike BowerbankBurnabyMikeYahoocom
Lorraine BurchynskyBoughton Law CorporationSuite 700 ndash 595 Burrard StreetVancouver Canada V7X 1S8D 6046474162P 6046876789F 604-683-5317LBurchynskyBoughtonca
Paula ButlerBarrister amp Solicitor200 100 Park RoyalWest Vancouver BC V7T 1A2P 6047820373F 604-983-0372PButlerPaulaButlercom
Tim WurtzBaker Newby LLP9259 Main StChilliwack BC V2P 6K2P (1) 6047921376F (1) 604-792-8711TWurtzBakerNewbycom
BCLMA EXECUTIVE amp SECTION LEADERS
DENN
ISCO
X
BC Legal Management Association
The BCLMA hosted a sold-out event atStanley Parkrsquos Fish House and nearby
Pitch lsquonrsquo Putt on June 18More than 40 people golfed nine holes
beneath the late afternoon sun Theythen joined the more than 30 diners atthe restaurant for another successful sum-mer event
Mills Basics and ZSA were the gener-ous sponsors Brad Mills and Chad Ege-land of Mills Basics and Elizabeth Borrilland Dragana Milisic of ZSA were in attendance
HIGHLIGHTSPenny Harvie announced her upcom-
ing retirement from Fasken Martineauafter 22 years at the firm Penny will stayon at the firm until the end of July atwhich point she will enjoy the summerand consider her next life chapter
Another highlight included welcomingJohn Hawke back to the BCLMA after atwo-and-a-half year sojourn to work at anengineering firm John has taken on therole of Chief Operating Officer at LangMichener
PRIZE WINNERS GALORE Brad Mills (Mills Basics) Ernie Gau-
vreau (Gowlings) Donna Oseen(Alumni) and Ken Brennan (Gowl-ings) who posted the Best Team Scoreof 142
Sam Mann of Singleton Urquhartposted the Best Individual Score ofjust 28 and Agustino doSouto ofHarper Grey handed in the MostHonest Score (We agreed not to pub-lish the actual score)
Event sponsors and other vendors pro-vided door prizes
John Hawke (Lang Michener) won apersonal shredder courtesy of MillsBasics Carina Bittel (Clark Wilson)won a bottle of champagne courtesy ofZSA and
Roy Boal (Blakes) and Shirley Mad-
den (firm) each won gift certificates toMarquis Wine Cellars
BCLMA DOOR PRIZE WINNERSAs with every one of our social events
the BCLMA provides door prizes Herersquoswho won Cineplex Odeon Theatres ndash Penny
Harvie (Fasken Martineau) Starbucks ndash Raf Sansalone (BLG)
Julie Wong (firm) iTunes ndash Robbin Myers (firm) Cactus Club ndash Dave Bilinsky (Law So-
ciety) LCBO ndash Agustino doSouto (Harper
Grey) The Bay ndash Sarah Glazzard (Lang
Michener)
ANOTHER GREAT EVENTThank you to everyone who attended
this fun event Your participation makesour events continually successful
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
MAKING THE MOVEShellip
WELCOME NEW AFFILIATES
Kristie Hedges Alexander Holburn Beaudin amp Lang LLP Human Re-sourceshellip Karen Jenkins Stikeman Elliott LLP Technologyhellip Dan
Phung Stikeman Elliott LLP Technologyhellip Tammy Marchinkow PaineEdmonds LLP Finance
WELCOME NEW REPRESENTATIVES
John Hawke has returned to the BCLMA and has joined Lang Michener asChief Operating Officerhellip Andrea Pantages is the new Administrator at
Mandell Pinderhellip Jessica Melson is the Assistant Office Managerat Hartshorne amp Mehl
In accordance with our bylaws firms are the BCLMArsquos Members Representatives were
formerly known as Full Members Affiliates were formerly known as Subsection MembersThe
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
BCLMA SUMMER EVENT
40 golf and 70 dine at successful sold-out sensation of our June social at the Stanley Park Fish House
Penny Harvie to retire
Topics 9
By Court Services Branch Staff BC Ministry of the Attorney General
Over recent years wersquove seen an in-crease in online options in every-
thing from online shopping to e-filing ourincome taxes Chances are most of ushave used these types of services
Increased environmental conscious-ness pressures to be more efficient andexpectations for anytime-anywhere accessmean that online interactions are increas-ingly demanded and offered It is in thisspirit that Court Services Online (CSO) wasdeveloped and within that e-Filing forcivil court documents
CSO e-File service allows you to sub-mit electronic court documents in civilactions to Supreme Court and ProvincialCourt registries
British Columbia is the first provincein Canada to introduce a comprehensivee-Filing system that includes an e-Filingservice and the storage and maintenanceof court files in an electronic formatCSO e-Filing helps law firms meet theirdynamic needs
Today CSO e-Filing is available in all43 court locations Moe than 65000Supreme Court civil and ProvincialCourt small-claims documents have al-ready been e-Filed (See Resources box)
Why e-File your court documents Itrsquoseasy efficient environmentally responsi-ble and inexpensive Easy ndash E-Filing can take less than three
minutes to complete To begin youwill need a CSO account (See Resources
box) and software to convert your doc-uments to Adobe Portable DocumentFormat (PDF) All document preparation for e-Filing
is done off-line You can prepare yourdocuments using existing templates orprecedents in any word-processing for-mat and then just convert the documentsto PDF for filing There is no need for anelectronic signature or other digital cre-
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 10ELECTRONIC FILING PASSES 65000 DOCUMENTS
BC court filings increasingly electronic for all major types of BCSupreme Court and Provincial court cases except criminal
T he CSO system is the only method of filing
documents electronically in the BC court
system and itrsquos only in BC at that But there
are other jurisdictions that have a similar sys-
tem and one in particular the US PACER
system is well ahead of ours both in extent of
court coverage and user costs
We particularly thank the CSO office for
providing the accompanying article at our re-
quest but we also let them know we were in-
terested in how BCrsquos system stacks up and
with thier article in hand we asked some
questions
They told us for instance that the growth
of e-Filing in BC has continued steadily since
it was first set up as a pilot project in October
2005 with just one court location Province-
wide e-filing became available on December 1
2008 ldquoand at present there is approximately
an 8 uptake raterdquo
We also were curious about the fact that the
CSO system doesnrsquot include criminal case fil-
ings The response there are ldquono formal plans
at this time to provide access to Supreme Court
Criminal information but it could potentially
be available in the futurerdquo
The CSO is BC-only so we asked if it was
going to be incorporated into a national system
They replied ldquoThere are no formal plans to in-
tegrate the BC system into a Canada-wide sys-
tem however several provinces have shown an
interest in the systems that BC has developedrdquo
The system is in two parts input and out-
put Law firms for instance can file electronic
documents through accounts and there is a price
structure for doing so The public has free ac-
cess to a search engine and the results produced
by the search but retrieving and downloading a
document or documents from a particular
court case linked to the index costs $6 instead
of the $8 charge if a person went to a court reg-
istry and asked for a file to be pulled for view-
ing within the registry itself physical photo-
copying is extra
We asked CSO about the rationale for its
costs The reply ldquoThe BC CSO service costs are
generally calibrated to make it a user-pay service
which is funded by its use and does not impose a
burden on taxpayers by making it a subsidized
servicerdquo
In the US PACER an acronym for Public
Access to Court Electronic Records is an elec-
tronic public access service of United States fed-
eral court documents
It covers civil criminal bankruptcy and
appellate cases that are federal and itrsquos the
output side of the American system PACER is
managed by the Administrative Office of the
United States Courts It allows the public to
obtain case and docket information from the
United States district courts United States
courts of appeals and United States
bankruptcy courts
Each court maintains its own system a
small subset of information from each case is
transferred each night to the US PartyCase
Index located in Texas at the PACER Service
Center in San Antonio
Records are submitted to the individual
courts using the Federal Judiciaryrsquos Case
Management Electronic Case Files (CM
ECF) system which is the input side and has
its own cost structure It accepts the filing of
documents in PDF through the electronic filing
system of each court which maintains its own
databases with case information The index
provides the necessary links to the actual docu-
ments stored in each court
Access to all PACER dockets is available by
registering at its site
lthttppacerpscuscourtsgovgt and the
download cost is eight cents per page with a
US$240 cap per case session with payment
usually quarterly by credit card for those with
non-American addresses
Those with American addresses can get free
access via
lthttpwwwfreecourtdocketscomgt
How does the cost and range compare
BC Court E-Filing to Page 20
By John Clerides
Part of my job de-scription includes
meeting people at so-cial gatherings orbusiness eventsWhen the conversa-tion turns to whatone does for a livingwe inevitably end uptalking about wine
Most people Ispeak with have little understanding abouthow wine is sold imported or priced inBritish Columbia while ironically theyare acutely aware of the low prices forwine in the United States and Europe
When I begin to explain how our sys-tem works people often shake their headsin disbelief So let us spread this cheer byexploring the inner workings of theBritish Columbia Liquor DistributionBranch (BCLDB) and how a wine ispriced
The method used to price wine iscalled an ad valorem tax What does thismean
One source ndash Investopediacom ndash de-fines it as A tax based on the assessed value of
real estate or personal property Ad valoremtaxes can be property tax or even duty on import-
ed items Property ad valorem taxes are the
major source of revenue for state and municipal
governments
The ad valorem tax that the BCLDB usesto assess wine is 117 on the first $751of landed cost Everything thereafter istaxed at 55
Letrsquos take a wine from France with anexport price of euro3 a bottle or euro36 a caseBased on a euro160 exchange rate betweenEuros and Canadian dollars the Canadi-an equivalent value is $5760 a case or$480 a bottle
Now the fun starts An importer factors in shipping tran-
sit insurance storage insurancewarehouse charges administra-tion storage itself (usually sixmonths) the picking sur-charge delivery to theBCLDB locations fuelsurcharges (thereare two of thoseone when the wineis initially shippedand received inBC and onewhen itrsquos movedto the BCLDBrsquoswarehouse) han-dling and any spe-cial labelling
These costs usu-ally add up about$15 or $20 a caseDepending on thenumber of cases im-ported the higher thequantity the lower theshipping charges Now addon the importerrsquos profitwhich varies but usually is be-tween 10 and 20 of the ex-port price
If the importer sells a wealth ofcases they can work on less margin andmake it up in volume If it is a limitedproduction winewith good reviewsand scores theywill try to eke out abit more All ofthese costs are fac-tored in before the117 BCLDBmarkup
So take theinitial export priceof the case ofwine $5780 Addin $20 a case forshipping and othercosts plus 20 profitfor the importer Thecase of wine lands inBritish Columbia at $8910or $742 a bottle
Now the BCLDB applies itsmarkup That
$480-bottle of wine which left Francewill now retail in BC for somewhere
$23 and $26And wersquore not factoring in
currency fluctuation TheBCLDB rules are such thatif an importer applies fora listing at one retail
price and then theEuro increases by 30eight weeks later theimporter is obliged toadhere to their initialretail price
Therersquos more TheBCLDB has specificdays you can apply forprice changes If animporter has to re-pricea wine so they do not
lose any money theymay have to wait a month incurring ad-ditional storage charges It can also workthe other way too but this rarely
happens While a large percentage of the
price you pay for wine goes intotaxes and logistics it does not take
away from the care that goesinto wine on the front end
Carefully managing the landallows the soil to become
alive reducing the size ofthe harvest harvestingvineyards by handmanaging leaf growthcarefully handling vini-fication and agingpractices precisely
All these take yearsto master and all con-tribute to the qualityand enjoyment of awine Sometimes youdo get what you pay for
John Clerides is the owner
and President of Marquis Wine
Cellars John travels extensively
through the wine regions of Italy
France California Washington State
Oregon and Australia Visit his shop at 1034
Davie Street Vancouver or his website
lthttpwwwMarquis-Winescomgt
TopicsTHE BUCK STOPS WITH YOU
Why the price of winemakes you want towail and whine
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorgr S
John Clerides
JAY PATEL ARTIST
11
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
erwise not be sharedWhen you are in a relaxed state the
neo ndash cortex (the subconscious area ofyour brain) is more likely to become acti-vated This is your resource centre aplace where you can really tap into thethings that make you happy and thusbring tools that can help you remain fo-cused establish new goals and findstrength to change situations that arehonestly not working for you
Now bring the Change Management For-
mula components into this concept whenyour relaxed resourceful and reflectivemindset has had a chance to communi-cate with your logical strivedrive dailyndash performance mindset about a positivechange or goal for you to achieve it islikely that your resistance to changewhich may have spent the better part ofthe past year as the dominating factor ina part of your daily duties or desires is
now less powerful than your dissatisfac-tion + vision for what potential you canreach
It is helpful to know that fear drivesthe resistance to change whereas theendless and ominous power the subcon-scious mind provides when it comes tohuman achievement drives vision It istypical that the subconscious mind over-comes conscious fears getting to the re-sourceful state to do so is the key
Pay attention to this seasonrsquos externalforces the ones that spark your internalforces that motivate you to try somethingnew Your desire for change fuelled byyour subconscious desires has overcomethe fear thatrsquos a regular and natural pre-cursor to change
The ability of the subconscious mindto communicate ndash that is the change fac-tor that is different That is why this issuch a powerful time and why it is so im-portant to concurrently incorporate the
last component of the Change Management
Formula taking the first steps towardschange It will give you a good push tostart you swinging towards your personaland professional goals
Herersquos an exercise Letrsquos take that firststep together in the form of experiencingan amazing example of awareness accep-tance dedication and success through thefollowing story
An artist was standing proudly by hisdisplay sculpture at the Art Gallery open-ing Its colour was the traditional gun-metal it was shiny with glistening hints ofbronze and onyx-like shades throughoutthe massive winding tree-like structure
As the crowds gathered he launchedinto an introduction of the piece confess-ing that he had salvaged a gargantuanpiece of metal and intended to bring itinto its existence as a beautiful art sculp-ture The audience was captivated by the
Goalsetting 101 from Page 1
Goalsetting 101 to Page 13
Smile amp Link
SMILE
One of the new features of our redesigned
website includes the ability to post individual
profile photos next to each personrsquos 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
membershipbclmaorg
Thank you for your co-operation
LINK
BCLMA is LinkedIn
The BCLMA is now a group on the popu-
lar business-social website LinkedIncom
which can extend your existing network of trust-
ed contacts
Add the Group and enhance your profes-
sional profile
Topics 12
artistrsquos voice ndash full of wonder and fantasyndash as he continued with the evolution ofthe sculpture
Several months into the creation heexplained he thought the piece was ru-ined and worthless He had discovered adeep ugly flaw along what was intendedto be the most visible line of the intendedfigure
At first it seemed to be a small obsta-cle but as the weeks and months wentby the artist was unable to camouflagethe flaw In fact it seemed to enlarge be-coming more noticeable No matter whattechnique he used the roughness of theflaw could not be tamed not even by themost powerful commercial ndash grade steelsaw the trusted companion in all of hiscreations
For the next several years the artiststruggled with how to work with the chal-lenge He returned to face the piece from
time to time viewing its physical imagefrom different vantage points in proximi-ty and height in differing lights butcould not find a way to resolve the issue
He had loved the piece for so long de-spite its shortcoming it was a truly spec-tacular figure from all but one angle Hewould touch it dust it work on an areaaway from the flaw but no matter whathe did it eventually became obvious to theartist that this flaw would keep the piecefrom being accepted at commercial gradeby his customers and the art industry
If he were to leave the flaw as is itwould have to be displayed in a privateplace for his external reputation could beharmed if it were publicized that he waswilling to live amongst lsquosecondsrsquo with thesame attitude and charisma that he exud-ed with his lsquoperfectrsquo pieces He was fear-ful of taking a risk that might end his ca-reer
So the artist resolved that the only op-
tion was to abandon the piece to createmore room in his studio He decided toforget it in order to focus his creative re-sources on a more fruitful project
Surprisingly moments after arrivingat this raw emotional state somethingcame over him that refused to allow himto abandon the project The decision hadbeen made in his conscious state andonce his conscious mind released its holdhe found himself for the first time lookingat the real problem ndash which wasnrsquot theflaw
He stopped approaching the problemwith his business senses his logicalthought processes to do with the adviceon use of his time analysis of the productrsquos eventual profitability and hisreputation amongst stakeholders in hisartistry
Instead he approached the problemwith a tool he possessed that was morepowerful than his business brain more
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 13
SAVE THESE DATESMark your calendar with these upcoming
events and important dates
Wednesday Sept 23 2009
BCLMA ndash ALA ndash TLOMA Breakfast
webinar lsquoEvolve to Solversquo Presented by Gary
Mitchell (Vancouver) and Catherine Mitchell
(Toronto) of GEM Communications
Fri-Sat Oct 2-3 2009
ALA Region 5 Conference Fairmont Banff
Springs Banff Alberta Canada
Wednesday Oct 7 2009
BCLMArsquos First-Ever Leadership Series
lsquoLeadership amp Balancersquo Presented by
Joanne Ward BComm BEd MA CCC
Thur-Sat Oct 21-23 2010
BCLMA Educational Conference Vancou-
ver Contact Jane Kennedy at Membership ad-
dress below to join the Conference Planning
Committee
Goalsetting 101 from Page 12
powerful than his electricsaw His emotional brain +his heart became the en-gine and fuel behind the so-lution the solution that wasin sync with who he was acreator a transformational-ist a builder
With the voice of a wiz-ard the artist shared withthe rapt crowd around himwhat the audience hadbeen waiting for what hadbrought the seemingly bro-ken hopeless unattractiveand invaluable piece to thegrandure the people wit-nessed today
The first component ofthe plan that emerged fromhis subconscious state com-
mitment He truly did notwant to abandon the struc-ture despite its lack of com-mercial value He foundhimself committing to thefollowing familiar proce-dures that worked for himin the past (1) Hard physical work (2) Exhausting mental work as he focused
his attention on small progressivesteps
(3) Time a lot of time more time than hehad previously been willing to devoteand
(4) Various tools in addition to theallndashpowerful electric saw The second component patience In-
stead of brutally amputating the trou-bling piece he used the saw ndash but in amuch more gentle patient manner in or-der to shave thin layer after layer off thedamaged surface
The third and perhaps most importantcomponents in bringing about the changewere combined in attitude and respect In-stead of resenting the flaw he created anecological space for his creativity to flow asit did with other pieces that appeared lsquoper-fectrsquo He let go of the stressors ndash makingmoney and personal gain ndash to honour theinternal reasons for this project
The hours he spent polishing the vi-
able edge material flew by Ingenuitybloomed as it dawned on him he coulduse a resource he had never tried beforein his sculptures a chemical elixir to dis-solve the edges where neither the power-ful saw nor the gentle buffer could pro-duce the desired result
Success the flaw smoothed away theintegrity of the piece maintainedThrough all of the alternative processesthe artist achieved his goal bringing thepiece to a level of public acceptance andhigh market-value but that itrsquos mostvaluable to him personally and profes-sionally Thatrsquos when he said the piecewas not for sale
Everyone in the audience smiled anddrew their gaze up to the top of the struc-ture They had in that 10 minutes madethe journey from the raw troubled begin-nings to the place of a polished visionThey had during that short time livedwith the artist through his accomplish-ments in reaching the potential of the man
and the object on this seem-ingly dead-end situation
POINTS TO PONDER ndash FLEX THOSE SUBCONSCIOUSMUSCLES
If you stood with thegroup at the foot of the stat-ue without the introductionfrom the sculptor you wouldnever have known it wasoriginally rejected by its cre-ators ndash nature metal makersand the artist ndash and was onits way to becoming a worth-less object ignored by thepowers that controlled theenvironment where it trulybelonged and shone
Notice through yourjourney with this passionateartist that you are now in aresourceful state of appreci-ation for the importance ofawareness acceptance nur-ture and transformation
Is it possible for us toknow the worth of ourselvesor another without spendingsome time to become gen-
uinely acquainted with the 360 degree in-ternal and external view ndash with what wecan and cannot see Are you willing torisk answering ldquoyesrdquo to this question andnot take a deeper or more resourcefullook at yourself or others
Send me an e-mail let me know whatyou decide
Jan Whyte is a Certified Professional Coach
as well as General Manager and Administrator
of Murphy Battista Barristers in Vancouver
She can be reached at
ltWhyteMurphyBattistacomgt
She has spent 26 years working in litigation
firms in Vancouver In addition to her adminis-
trative role at Murphy Battista she consults with
staff and lawyers on various components of life in
law firms including recruitment worklife bal-
ance team dynamics such as leadership or con-
flict resolution and enhancing individual and
group performance Jan is an active Board Mem-
ber and the President-Elect of the BC Legal
Management Association
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
14Topics
SEBA
STIA
NKA
ULIT
ZKI
ARTI
ST
By Mike Bowerbank
In the olden days ndash you know way backwhen Windows 95 was new and crash-
ing computers ndash your social network con-sisted of friends you hung out with andtalked to in person
Face to face Can you believe thatIn 1995 the first large social
networking site sprang upClassmatescom gave people anew way to relive those awk-ward high-school moments It
also enabled visitors to see if thecaptain of the rugby team still had hairand his own teeth
It was more of a way to capitalize onnostalgia with a specific group of peopleso one could argue about just how muchof a social network it really was
The first of what we associate with so-cial-networking sites today was launchedin 2000 Friendstercom grew quickly andbecame so popular that it spawned sever-al copycat sites including MySpace (2003)and Facebook (2004) both of which havesurged ahead of Friendster in popularity
All of these sites allow you to post aprofile that includes all of your personaland contact information show off pic-tures of your kids and make the entireonline world aware of your happeningsSuch sites quickly became the way to stayin touch with people without ever havingto you know actually see them or talk tothem
The great thing about these sites is theease with which we can keep in touch
with people despite our time-crunched lives Rather thanphone or meet with the peoplein your life you can simplyupdate your page with yourlatest news and pictures so
that everyone can see them at onceYou can also play games take quizzesand interact with people from all over theworld
Some businesses are using social-net-
working sites tobuild their brandimage and tomaintain contactwith like-mindedcompanies andclients
One site in par-ticular LinkedIn isgeared specificallyfor professionalsand entrepreneurs and now boasts morethan 36 million members in 200 countries
GONE PHISHINGThere is a problem prevalent on e-
mail known commonly as lsquophishingrsquo
Phishing occurs when a fraudulent mes-sage urges you to visit an internet link toverify passwords account information orother personal or private details
Your participation provides crookswith access to your bank accounts for in-stance which they promptly empty
Other thieves donrsquot need to phish bye-mail thanks to social networking Mostpeoplesrsquo passwords for their logins orbank accounts are the names of their kidsor pets PIN numbers are often signifi-cant dates such as birthdays and anniver-saries If that type of information is post-ed on your Facebook page it is literally avirtual bonanza for thieves
Social networking sitesalso seem to appeal to sexu-al predators so keep an eyeon your children as theyuse these types of sites
According to Wikipediathere are now over 200 so-
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
15NOT-SO-SOCIAL NETWORKING
When I was a kid we had Windows 95and we talked to people ndash and we liked it
Topics
zsaca I 1-877-681-0706
Elizabeth Borrill I eborrill zsaca
in change
Wersquore yourpartner
Mike Bowerbank
cial-networking sites online and manypeople are on more than one
FACE TO FACEBOOKFacebook has become the most popu-
lar social-networking application Morethan 200-million users take quizzes up-load pictures contact long-lost friendsand post status updates letting peopleknow what theyrsquore doing from day today
Prospective employersalso use Facebook to look upapplicants Remember thatcandidate who was dressedto impress in your office dur-ing the interview andseemed so eloquent Thatrsquosthe same guy whose Face-book profile photo showshim passed out on the street wearing atutu with a status update that reads Party
Naked
Personal-injury lawyers use Facebookto disprove disability claims One case in-volved a person on leavefrom work because theyclaimed they were toosore to use a computerBy logging onto Face-book opposing lawyerswere able to dispute theclaim by demonstratinghow the injured personused computers regularlyto update their Facebook page Policehave used both MySpace and Facebookto check for probation violations andweapons being brandished in public
If you think your profile is only opento other Facebook users think again OnJune 12th Facebook enabled your profilepage to be viewed as a web page Theformat is wwwfacebookcomusernameand you no longer need a Facebook ac-count to view a memberrsquos profile page
TWITTER TWEETS AND TWITSJust when you thought Facebook had
taken things far enough into the ldquotoomuch informationrdquo realm along came anapplication that is the new killer appTwitter is basically a bare-bones text-based social application made with cell
phones and Blackberries in mind Youbroadcast short messages (140 charactersmaximum) known as tweets to yourworld
Twitter has become the third most-popular social-networking applicationbehind Facebook and MySpace respectively
Twitter like all social applications hassome good practical uses For examplein this recent election in Iran Twitter be-
came the organizing tool of choice for thepro-reformist camp using it to makeprotest arrangements and send globalmessages slipping these past censors(The Iranian government promptly re-
sponded by blocking Twitter and Face-book in the country showing the vulner-ability of both mediums)
While the horrific scene unfoldedduring the 2008 Mumbai attacks in In-dia an estimated 80 tweets were sent ev-ery five seconds People on the scene ofthis terrorist bombing and shooting usedtheir tweets to help compile a list of ca-sualties and to broadcast the location ofhospitals that needed blood donations
In the legal world Twitter allowslawyers in court to provide minute-by-minute information to other lawyers backat the firm This enables assisting lawyers toprepare appropriate materials as needed
With those notable exceptions ac-knowledged one canrsquot help but comparethe pragmatic uses to the vast majority of
Twitter users who consider standing inline at Tim Hortonrsquos post-worthy or thatthere is a terrible smell coming from theirfridge Twitter is used mostly as a narcis-sistic tool so that the world can know ofyour daily happenings ndash sort of a way tobe the star of your own reality show
LIKE OMGSocial networking can be fun and
useful if used sparingly and casually In-stead of getting out andmeeting each other peopleare using social networkingsites to look for love com-panionship and even extra-marital affairs And theysay romance is dead
If you joined Facebookjust to see what your kids
are up to be forewarned that you mightactually find out and wish you hadnrsquot
Donrsquot spy on your kids talk to themYou know with actual spoken words likethey used to do way back in the 20th
CenturyWhen your com-
puter screen becomesyour main window tothe world and literallybecomes your sociallife you might be ad-dicted Such an addic-tion is as serious as-andno easier to overcome
than-other addictions like gambling As the world becomes increasingly
connected it seems that people in societybecome increasingly isolated socially Itrsquosthe paradox of modern communicationand contributes to a large part of the rea-son why Generation Yndash the Millennials ndashusually excels at technology but generallylacks in social skills
If this trend continues and more peo-ple live online good social skills may endup as extinct as the 525rdquo floppy driveand the game Pong
I know Irsquom writing some things towhich online addicts may object but Idonrsquot expect to hear from them aboutit
They only read things that are 140characters or less OMG LOL
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 16
PHILI
PBA
RKER
ART
IST
When the Vancouver OrganizingCommittee for the 2010 Olympic
and Paralympic Winter Games (VANOC)sets up its on-the-ground operations inearnest this fall and winter itrsquoll be mak-ing room in a downtown Vancouver ho-tel in early February for a special Gamesdivision of the Court of Arbitration forSport (CAS) supervised by a city lawyerwho is well-known in the Olympicsmovement
The International Council of Arbitra-tion for Sport (ICAS) which is based inLausanne Switzerland is the fund-rais-ing and administrative body that tookover from the International OlympicCommittee as the Courtrsquos supervisory organization
The IOC launched the court in 1984to settle disputes amongst its sports feder-ations but within its first decade theIOC became increasingly criticized forthe strength of its influence over thecourt The ICAS was formed in the mid-1990s to create independence and an ad-ministrative structure for the courtrsquos in-creasing activities
Three permanent courts exist ndash Lau-sanne Switzerland (where the IOC isalso headquartered) New York and Syd-ney Australia But the ICAS also estab-lishes ad hoc courts such as the one forthe 2010 Games as needed The CASuses about 300 arbitrators from 87 coun-tries and handles about 200 cases a year
The CAS for the Olympic portion ofthe 2010 Winter Games will include ninelawyers acting as arbitrators to operatein the Renaissance Vancouver HotelHarbourside at 1133 West HastingsStreet from February 2 10 days beforethe start of the Games to February 28the day of the Olympic Closing Ceremo-ny
The Renaissance is one of three bigdowntown Vancouver hotels ndash includingthe Bayshore and the Pinnacle a corpo-rate sister of the Renaissance that is locat-
ed right across West Hastings street aswell as the Vancouver Club ndash thatVANOC is taking over completely duringthe Olympic portion of the Games sothey can be used by the IOC and its re-lated organizations
On March 26 the ICAS formally ap-pointed Tricia Smith ndash Vancouverlawyer and partner of Barnes Craig ampAssociates ndash as its liaison officer withVANOC In this role Smith will carry re-sponsibility for the relationship and com-munication between ICAS CAS andVANOC between now and when theOlympic portion of the Games wraps upin early March
Smithrsquos legal experience communityinvolvement and sports backgroundmake her an excellent candidate for thisrole
Although her law practice focuses onmanaging claims for liability insurers andproviding risk-management consultingshe is also a sports arbitrator with anabiding interest in the Olympics
Smith has been a member of the ICASsince 2001 She was unsuccessful in aclosely fought contest with Marcel AubutQC OC a Quebec City-based lawyerwith Heenan Blaikie in a bid this pastspring to replace the Canadian OlympicCommitteersquos (COC) current presidentMichael Chambers when his term endsafter the 2010 Games she will remain onthe COCrsquos Executive Committee as theorganizationrsquos vice president workingfirst with Chambers later with Aubut
Smith is also a four-time Olympianand medallist in rowing the founder andpast president of Olympians BC and vicepresident of its parent organizationOlympians Canada
Smith remains a member of the Exec-utive Committee of the InternationalFederation of Rowing Associationswhich is also headquartered in Lausanneand chairs its Womenrsquos Rowing Cross-Commission
She is also a former member of theBoard of 2010 Legacies Now which wasoriginally formed by the BC govern-ment to be the armrsquos-length implementerof several major social goals of the gov-ernment connected with the Games
Although 2010 Legacies Now contin-ues to work on those goals with the helpof various companies connected to the2010 Winter Games and others and al-though it receives the majority of its fund-ing from Victoria it is now a fully inde-pendent society
The CAS usually involves panels ofthree arbitrators each and they deal witha wide range of issues involving the intri-cacies of relationships between the nu-merous international sports federationsthat the IOC supports through fundsgenerated by sponsorships and Olympicgames and it often deals as well with ap-peals from decisions by the federationsthat affect their athletes
Its work in the controversial field ofanti-doping gives the CAS its highest visi-bility For example just this past June itworked out the appropriate suspension ofGerman ice-hockey player FlorianBusch who made the mistake last De-cember of refusing to provide a urinesample when a doping-control officerknocked on his apartment door a sur-prise test is a known and standard part ofthe International Ice Hockey Federa-tionrsquos procedures for out-of-competitiontesting
Though he took the test a couple ofhours later and it was negative forbanned substances it was too late Therewas a plethora of subsequent legal argu-
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 17BAIRNES CRAIGrsquoS TRICIA SMITH TO SUPERVISE
A sophisticated new court will be set up indowntown Vancouver for the 2010 Games
ments and appeals from various bodiesabout which one should sanction himand for how long
The CAS sorted through the compet-ing claims and ruled that he would re-ceive a two-year suspension effectivelypreventing him from competing in the2010 Games
Perhaps one of its most famous caseswas a decision to uphold a life-time banon taking part in Olympic winter gamesimposed by the IOC against three of fourmembers of the Austrian Nordic skiingteam attending the Torino Italy WinterOlympics in 2006 for allegedly sharingldquocomplicity to violate anti-doping rulesrdquo
Eventually the CAS court commuteda similar ban to the fourth member of theteam to a four-year suspension ndash it endsjust after the 2010 Games ndash after review-ing his lesser role in the affair
When the Olympic Games are under-way the Athlete Villages in Vancouverand Whistler and any separate apart-ments used by Olympic athletes theirteam coaches and related officials have akind of diplomatic separation from thecriminal laws of the host country when itinvolves things such as drugs where con-victions in some countries carry thedeath penalty The IOC as part of itsthicket of legal agreements with hostcountries obtains the authority to lookafter anti-doping cases on its own termsduring the Games The deal usually in-volves the local police going in with IOCinvestigators each with their own juris-diction
The cases can be deadly serious Theanti-doping case that involved the CASstemmed from a joint IOC-Italian policeraid on the rooms of the Austrianbiathlon and cross-country squads onFebruary 18 2006 in the teamrsquos privatequarters in the Italian Alps while theTorino Games were underway
The IOC later reported that 80 medi-cal devices including advanced medicalequipment were found in the apartmentalong with used syringes blood bagsblood-transfusion equipment and evenbloody handkerchiefs
In 2010rsquos case once the Games arefinished the CAS court goes too
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 18FIRM LEADERSHIP THROUGH UNCERTAIN TIMES
Leading your firm through the difficultdilemma of terminations or layoffsBy Tim Wurtz Administrator Baker Newby LLP
Our profession and the world at largebuzzes with the employment impli-
cations of our general economic slow-down Whether you face small adjust-ments to your work force or a larger scalelayoff to control that salary expense lineitem leadership before during and afterany termination plays a central role inhow your firm will weather any fallout asa result of constraints to your work force
LawShuckscom reports that 125 ma-jor law firms around the globe have an-nounced or conducted layoffs The com-bined total is 10723 people 4015lawyers and 6708staff Most law firmson that list thank-fully do not haveany significant rec-ognizable namesfrom our BCLMAnetwork however all local firms whospoke with me are cautiously managingtheir salary expenses
While most research and surveys thatexamine the long-term effects of downsiz-ing indicate that companies that cut staffend up disappointed with the resultsmany of us will face formulating staffingstrategies to control costs Layoffs mayserve a short-term need but create largerlong-term issues Nonetheless we mustmanage and lead as directed by our Part-nership or Managing Committees
I am sure my fellow Administratorsand HR Managers will agree that an im-pending termination on any scale canconsume the workday We complete thenecessary forms derive suitable severancepackages develop plans to reassign workor alternatively reinvigorate the recruit-ment process to find a suitable replace-ment While we focus on the person orpersons being terminated we might over-look and forget or ultimately deny an im-portant aspect of the overall process ndash the
employees we keepThe Law Practice
Today section in theJanuary edition ofthe ABA Law Prac-tice Management in-cluded an article byJaffrey C Connerconcisely summariz-ing the point that fu-ture success of a firm depends largely onthe leadership of management after anylayoffs have been made
The workplace mood becomessomber People ask themselves ldquoAm Inextrdquo There will be a significant amount
of distrust of man-agement and anxi-ety over subsequentjob losses Thesefeelings must betempered by astrong unified mes-
sage from Management It is reasonableto admit the future is uncertain and thatevery effort will be made to ensure astrong and viable law firm well into thefuture Also tell the staff that this uncer-tainty will undoubtedly result in difficultdecisions after every possible alternativehas been considered
Terminating employees is a decisionthat is never made lightly To be an effec-tive leader you need to reinforce that alloptions were considered prior to layoffsUnder conditions of economic uncertain-ty the contribution of leadership is notsimply to inspire or build confidence butrather to solve problems and make ap-propriate strategic decisions
I learned an important lesson at lastyearrsquos BCLMA Conference Peter deJager a specialist in Change Manage-ment said in the closing session ldquoPeopleactually are not resistant to change theyare resistant to the way change is broughtaboutrdquo
Some employees consider termina-
Tim Wurtz
ALL LOCAL FIRMS ARECAUTIOUSLY MANAGINGTHEIR SALARY EXPENSES
tions or layoffs as drastic and developstrong feelings against managementLeaders must remain aware of the per-ceptions of their Partnership BoardManagement ndash and staff All three groupsinfluence a leaderrsquos ability to implementchange specifically to bring about signifi-cant staffing reassignments
Much literature exists about the dis-tinction between leaders and managerswith leaders having vision and creativityand managers focusing on improving ef-ficiency Leaders should exercise dili-gence toward gaining an understandingof their capacity within the organizationto properly apply leadership theories ifappropriate
During uncertain times we need tothink about adaptive and situational lead-ership-the right person with the rightstyle for the right situation Mining theInternet and academic journals for de-scriptions of leadership styles yields hun-dreds of words typically used to describe
a vast variety of leadership traits andtechniques
Two styles reside on opposite ends ofthe spectrum Visionary Leaders and Au-thoritative Leaders A visionary leaderpossesses a charismatic personality em-braces a democratic approach to the de-cision-making process and tries to en-gage staff in ongoing strategic initiatives
An authoritative leader prefers au-tonomous control over decision-makingmotivates employees using various formsof intimidation shows reluctance at relin-quishing control and fails to actively seekfeedback throughout management pro-cesses During difficult and emotionalstaff terminations and re-assignments theenormous grey area between these two
styles is required to carefully steer yourship through difficult waters
Use components of visionary leader-ship to bring employees into the world ofdecision-making Solicit ideas Listen towhat staff say when you introduce cost-saving measures For employees who areterminated or laid-off consider outplace-ment services a mutually agreeable refer-ence letter and perhaps access to thefirmrsquos resources or referral networks sothey can actively seek other employmentFor employees who are retained and pos-sibly required to assume additional re-sponsibilities for the same or less paythink about new benefits you can offerthem such as additional training andsupport
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 19
TERMINATIONS OR LAYOFFS ARE ABOUT LOSS BUT THEY ALSO CREATE OPPORTUNITYFOR US AS LEADERS AND MANAGERS
JAM
ESTH
EW
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Use aspects authoritative leadership toreinforce the notion that difficult deci-sions are inevitable that assuming issuesassociated with terminations or downsiz-ing will solve themselves over time is irre-sponsible It is important not be per-ceived as laissez-faire in yourmanagement capacity and to clearly es-tablish that while difficult the decisionsmust be respected
We are expected to possess the skills toproperly and compassionately deliver badnews to staff As managers it is our dutyto be knowledgeable of how people willreact and deal with the ramifications ofour actions Often the problems in work-force reductions arise when people donrsquotsee logic in why they were laid off andothers kept their jobs People draw theirown conclusions
I know first-hand that remaining stafftypically formulate their own complextapestry of reasons to explain why some-one has been let go These conclusionscanrsquot include aspects of the decision-mak-ing process to which they are not privy
It is counter-productive however toargue with this mentality as they are typ-ically emotionally driven conclusions Ra-tionalization may serve to further fuel thefire of distrust of management
However we cannot ignore it entirelyeither We will need to address the ru-mours and speculation either as a groupor one-on-one
Terminations or lay-offs are aboutloss but they also create opportunityfor us as leaders and managers Ourwords and actions can inspire loyaltyand enthusiasm Vision and authoritymake great bedfellows in any leaderrsquosarsenal of tools but sustainable law-firm profitability and excellence takes aconcerted effort on any managerrsquos partto become and remain the leader that isthe glue in the firmrsquos organizationalculture
Leaders must be honest and trans-parent about current conditions whilstremaining positive and reassuring En-gage Consulting Solutions in its publi-cation Engaging Employees in Uncertain
Times suggests that you must counteractpervasive negativity by providing clear
consistent messaging about the firmrsquosreality regardless of the reality In addi-tion focusing on programs that pro-mote recognition employee wellnesslearning and development are also seenas crucial to reducing the uncertaintywhile increasing retention and engage-ment
The July-August 2009 issue of The
Harvard Business Review lists new requiredleadership skills particularly vital in ourclimate of economic uncertainty 1) Foster Adaptation ndash For instance de-
velop ldquonext practicesrdquo in addition tocontinuing with current best practices
2) Embrace disequilibrium ndash While thisseems to depart from traditional lead-ership efforts to create a harmoniousequilibrium it is suggested you keepstaff in a state that creates enough dis-comfort to induce change but not somuch that they fight flee or freeze
3) Generate leadership ndash Give employ-ees at all levels of the organizationthe opportunity to lead departmentsor firm initiatives that will help itadapt to changing timesA suggestion to Administrators and
HR managers struggling with difficult sit-uations Ensure you take care of yourselfthroughout these dynamic times Cam-bridge Leadership suggests that you 1) Give yourself permission to be both
optimistic and realistic2) Find sanctuaries where you can reflect
on events and gain perspective 3) Reach out to trusted confidants with
whom you can speak openly 4) Bring more of your emotional self to
the workplace noting that appropriatedisplays of emotion can effect change
5) Do not lose yourself in your role nordefine yourself through a single en-deavourThrough these uneasy times we must
skillfully balance the profitability of thepartnership with a healthy organizationalclimate for the firm
They are not mutually exclusive dur-ing economic uncertainty but do requirecareful planning and actions by law firmmanagers to advance our stature withinthe decision-making process to that of alaw-firm leader
dentials except for affidavits and orders Efficient ndash Law firms will like the ease
and convenience as well as the effi-ciencies gained E-Filing allows you tofile retrieve and electronically searchfiles from your office or home It sim-plifies document preparation for of-fices by eliminating the need to printand prepare multiple copies of docu-ments for filing After submitting your documents you
can check on the status at any time sim-ply by logging in at CSO If requestedCSO will automatically send an e-mailnotification as soon as the registry hasprocessed the document
Once the registry accepts the e-Fileddocument it is electronically stampedYou can then download the documentfor your files Enviromental ndash E-Filing can offer a
greener solution for offices by eliminat-ing the need to print and prepare mul-tiple copies of documents for filing As a result your office can use less
paper E-Filed documents do not need tobe physically transported thereby reduc-
BC Court E-Filing from Page 10
Topics 20
ResourcesE-Filing is available for most types of docu-
ments For e-Filing rules refer to SupremeCourt Rule 69 which is athellip
lthttptinyurlcomnasoj9gthellipand Small Claims Rule 22 located
at lthttptinyurlcoml7ch8ggtThere are quite a few Rules on each of these
web pages so once you arrive use your brows-
errsquos Find command to quickly search the page
for the text Rule 69 in the one case or Rule22 in the other
You can register for a CSO account online
through the CSO website atltwwwcourtservicesonlinegovbccagtor if you are a BC OnLine user through BC
OnLine at
lthttpswwwbconlinegovbccagtPlease visit Court Services Online at
wwwcourtservicesonlinegovbcca Questions can be e-mailed to
CourtsCSOgovbcca
E-Filing to Page 21
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
By Michael J Anderson Principal Innovative Consulting
Sometimes whenwe have our
heads down justploughing awaythrough the fires onour desk we losesight of the funda-mental things thatwe should do togrow our practices
Wersquore not talkingabout huge expensive or complex mar-keting strategies here We are just remind-ing you of the basics Several of you prob-ably already do many of these thingsseveral of you probably plan to do manyof these things Our hope is that this listwill remind you of what it takes to expandyour practice and spur you on to turnyour best intentions into best practicesWe also hope that you will gain some newideas and insights
The following in no particular order
is provided as a checklist for what youmight want to do to become more profitable
1Get out of the office Every great RainMaker will tell you that you must meet
with your current and potential clients of-ten either on their turf or on neutralground
2The old 8020 rule still applies Yes 80of your new work will probably come
from 20 of your current clients Do youknow which of your clients provide youwith the most work If you do how areyou building on that relationship We seetoo many firms and lawyers spendinggobs of time and money trying to attractan elusive new big client Your best tar-get for success is the client you alreadyknow and who already knows you
3Just say ldquoNordquo Being fearful of whereour next file will come from makes us
want to accept every possible bit of workthat might come in the door whether thework is profitable whether we have goodprospects for getting paid whether it is anarea of law in which we are comfortableor whether our time could be better spentattempting to land the work that we reallywant at rates that will help us to succeedIt seems to be the credo for many lawyersthat ldquoThey have never met a dollar theydidnrsquot likerdquo Instead ldquoFocus on the goodstuffrdquo as professional-business consultantDavid Maister would say
4Budget your time and money Typically alawyer works about 2500 hours each
year roughly split between 1400 billablehours and 1100 non-billable hours Thenon-billable time is broken into segmentsfor management associate training per-sonal education research and marketingWe suggest that every lawyer allows forabout 600 hours per year for marketingtheir practice with a marketing budget ofbetween 2 and 5 of their gross rev-enues The marketing should include ad-vertising website creation and mainte-nance marketing-skills training andclient promotion-among other things
5Get involved We have a moral duty togive back to our communities
Choose a charity community group po-litical organization or business associa-tion that you enjoy and is important toyou Many of these types of groups are
looking to add a lawyer or two to theirboards In addition to contributing to agreater common good you will also net-work with other successful business peo-ple
6Market internally Ensure that everyonein your firm knows all of the facets of
the work you are capable of handling theareas in which you are looking to expandand your availability to handle the workAsk your partners about possible cross-selling opportunities Since cross-selling isa two-way street look at your own clientlist for possible situations to offer yourpartners For younger lawyers internal
marketing is possibly the only marketingthat they can do as their peer group hasnot yet risen to positions or situationswhere they can direct legal files to theirfriends Every young lawyer should askthe more senior members of their firm forwork on a weekly basis A lot of work willtransfer down to them if they prove theycan handle it
ing fuel consumption and its environ-mental impact Inexpensive ndash An office can reap sav-
ings from e-Filing through reducedprinting costs as well as reducedcosts from delivering documents tothe registry particularly when fil-ing beyond the local registry There is a $7 e-Filing transaction
fee per filing package regardless ofwhere the document is filed A filingpackage is any number of documentsbeing e-Filed to the same court file atthe same time The transaction feeand any applicable statutory filing feesare paid online through a BC OnLine
deposit account or with a credit card With all of these positive reasons
to e-File why not give it a try Go on-line today to view a demonstration ofhow to e-File to an existing court fileor how to use e-File to start a newcourt file
15 ideas for improving your practice
BC Court E-Filing from Page 20
21Topics
Michael Anderson
HOW DO FIRMS USE ON-LINEVIDEO TO VIEW AN
EFFECTIVE USE OF THISMEDIUM VISIT TORYrsquoS
WWWTORYSCOMVIDEOCENTERPAGESDEFAULTASPX
SINCE CROSS-SELLING IS ATWO-WAY STREET LOOK ATYOUR OWN CLIENT LIST FOR
POSSIBLE SITUATIONS TOOFFER YOUR PARTNERS
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
7Go to school Many lawyers can benefitgreatly from marketing training or
personal coaching In the old days a se-nior partner would grab an associate bythe scruff of the neck drag them toclient lunches and warn them to just sitthere keep their mouth shut and learnAnd they did learn Similarly we needto develop ways to share the marketingskills that already reside within ourfirms especially for our youngermembers
8Create a ldquoDream Listrdquo In aperfect world who
would you have as clientsand what type of workwould they send you Onceyou have the list startstrategizing on how youcan get an introductionand what you would saywhen you finally meetthem Why should theyhire you What will set youapart from your competi-tion After all many clientsfeel that most lawyers arethe same ndash they point tolaw firm websites andbrochures where you willsee that most of them at-tempt to sell ldquoBetter Fasteramp Cheaperrdquo Differentiateyourself Innovate
9Research Do you trulyunderstand your clientsrsquo
core needs What issueskeep them awake at nightand what can you do tohelp them Use the Inter-net to gather informationabout your current and po-tential clients Use that datato customize your proposalto them This demonstratesan understanding of theirbusiness and a commitment tohelp them enhance it
10CRM Institute a Customer Relation-ship Management program that will
track who when how and what the nextsteps are in your marketing strategy A sim-ple and inexpensive option like MicrosoftOutlook or a more legal-specific option like
Amicus Attorney will get your started
11Write write and write some more Createa perception of expertise by writing
topical articles and getting them pub-lished in relevant print or online maga-zines newsletters and blogs
12Leverage your writing Create a mailingor even better an e-mailing list of
clients and potential clients and send
them copies of the articles that you writeThe goal is to have them say ldquoThis onesure seems to know their stuffrdquo Thenhave the article placed in a strategic loca-tion on your website so that visitors will
also see that you have expertise Take itone step further and create a seminarpresentation or speech using the article asthe basis Undertake each at the personalgroup or firm level ndash or all of the above
13Leverage your people How many timeshave we heard ldquoPush the work
down and free your time to do the moreimportant stuffrdquo Why do many of us still
resist that strategy Whether you are ina large firm with associates or a
sole practitioner with parale-gals use junior practitionersto a greater degree Usingleverage will make youmore profitable and freeyour time for more impor-tant things
14Web support Amongother things websites
are the brochures of the newmillennium Is your websitesupporting your marketingefforts or is it just a neces-sary expense The most ef-fective sites have a lot incommon they are builtfrom a clientrsquos point of viewthey are informative and ed-ucational they display yourexpertise they have person-ality they are well ldquotaggedrdquoto be picked up in Googletype searches and usevideos effectively
15 Discipline Sometimesour best intentions lack thediscipline to carry out whatwe know we need to doDevelop a strategy with atimetable to accomplish theplan Start with this check-list and add to it as youprogress along the road to
growing your practice Wehope that this will help you to
focus on the issues that are mostimportant for you and your firm go-
ing forward
Michael J Anderson is a principal in Inno-
vative Consulting Hersquos based in Vancouver and
can be reached at 6042724222 or at
andersoninnovativeconsultingca
Topics 22
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
SUMMER 2009
Editor Stephanie MarshManaging Editor Designer Peter Morgan
This issue is also available in PDF format atlthttpwwwbclmaorggt
Topics Archive amp Indexlthttpwwwbclmaorggt
Editorial copy 2009 BCLMA CANADA
Published by MORGANNewsletters 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 BC It is the BCLMA lsquos goal toprovide educational and networking opportunitiesto 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
NEWSLETTER SERVICES
TOPICS is a public newsletter We will be pleased toadd you to our mailing list for this newsletter Pleasecontact the Editorial Committee Chair or any mem-ber of the Editorial Committee listed on the left forcomments on any of these articles or to offer sugges-tions for articles in future issues or for adjustments tothe circulation list Comments are always welcome
REPRODUCTION RIGHTS
Topics is copyrighted however we encourage you tocirculate or copy this material unmodified for yourown internal or private use You may freely quoteany article or portion of article but it must be ac-companied by attribution Quoting any article orportion of article without attribution is prohibitedThe newsletter its contents or its material may notbe sold intact or modified nor included in anypackage or product offered for sale
EXECUTIVE Stephanie Marsh President
Fasken Martineau2900 550 Burrard StreetVancouver Canada V6C 0A3D 6046314767F 604-631-3232SMarshFaskencom
Jan Whyte Vice-President
Murphy Battista2020 650 West Georgia StreetVancouver BC V6B 4N7D 6046333811F 604-683-5084WhyteMurphyBattistacom
Gary Carter Director
Paine Edmonds LLP1100 510 Burrard StreetVancouver BC V6C 3A8P 6046831211F 604-681-5084GCarterPaine-Edmondscom
Cindy Hildebrandt Director
Richards Buell Sutton LLP700 ndash 401 West Georgia StreetVancouver BC V6B 5A1P 6046823664D 6046619267F 604-688-3830CHildebrandtrbsca
Evenna Liu Director
Oyen Wiggs Green amp Mutala LLP480 ndash 601 Cordova Street WVancouver BC V6B 1G1D 604-676-9074F 604-681-4081ELiuPatentablecom
Barb Marshall Director
Fasken Martineau2900 ndash 550 Burrard StreetVancouver BC V6C 0A3D 6046314991F 604-631-3232BMarshallFaskencom
Angela Zarowny Treasurer
Direct 6043510124azanddzShawca
Jane Kennedy Administrator amp Membership Services
BCLMA
PO Box 75562RPO Edgemont VillageNorth Vancouver V7R 4X1P 6049881221F 604-988-1221MembershipBCLMAorg
SUBSECTION LEADERS
Facilities amp Service ManagementJanice McAuley Co-Chair
Lawson Lundell LLP1600 ndash 925 West Georgia StreetVancouver Canada V6C 3L2D 604-631-9254F 604-669-1620JMcAuleyLawsonLundellcom
Lorraine Burchynsky Co-Chair
Boughton Law CorporationSuite 700 ndash 595 Burrard StreetVancouver Canada V7X 1S8D 6046474162P 6046876789F 604-683-5317LBurchynskyBoughtonca
FinanceSheila Tham Co-Chair
Watson Goepel Maledy LLP1700 ndash 1075 West Georgia StVancouver BC V6E 3C9P 6046881301F 604-688-8193SThamWGMlawcom
Linda Lucas Co-chairDavis LLP2800 Park Place 666 Burrard StVancouver BC V6C 2Z7D 6046436305F 604-687-1612E LLucasDavisca
Human ResourcesTina Giallonardo Chair
Miller Thomson LLP1800 840 Howe StVancouver BC V6Z 2M1P 6046872242F 604-643-1200TGiallonardoMillerThomsonc
Knowledge ManagementGreg Christensen Chair
Fasken Martineau2900ndash550 Burrard StreetVancouver Canada V6C 0A3D 6046314993F 604-631-3232GChristensenFaskencom
MarketingRecruiting
Small FirmsSharon Kwong Wah Chair
Young Anderson1616 ndash 808 Nelson StreetVancouver Canada V6Z 2H2 D 604-689-7400F 604-689-3444KWongWahLYAbcca
TrainersRuth-Ann Spencer Co-Chair
Bull Housser amp Tupper LLP 3000 1055 West Georgia Street Vancouver BC V6E 3R3 D 6046414921 F 604-646-2638 RASBHTcom
Lisa Dick Co-Chair
Fasken Martineau 2900ndash550 Burrard Street Vancouver V6C 0A3 P 6046313131 F 604-631-3232 LDickFaskencom
Technology Aaron Fahlman Co-Chair
Fasken Martineau2900 550 Burrard StreetVancouver Canada V6C 0A3D 6046314960F 604-631-3232AFahlmanFaskencom
Aaron Zuccolin Co-Chair
Watson Goepel Maledy LLP1700 ndash 1075 West Georgia StreetVancouver BC V6E 3C9 D 6046425661F 604-688-8193AZuccolinWGMlawcom
EDITORIAL COMMITTEE
Bob Waterman Chair
Richards Buell Sutton LLPD 6046619241F 604-688-3830BWatermanRBSca
Stephanie Marsh Editor
Fasken Martineau2900 550 Burrard StreetVancouver Canada V6C 0A3D 6046314767F 604-631-3232SMarshFaskencom
Mike BowerbankBurnabyMikeYahoocom
Lorraine BurchynskyBoughton Law CorporationSuite 700 ndash 595 Burrard StreetVancouver Canada V7X 1S8D 6046474162P 6046876789F 604-683-5317LBurchynskyBoughtonca
Paula ButlerBarrister amp Solicitor200 100 Park RoyalWest Vancouver BC V7T 1A2P 6047820373F 604-983-0372PButlerPaulaButlercom
Tim WurtzBaker Newby LLP9259 Main StChilliwack BC V2P 6K2P (1) 6047921376F (1) 604-792-8711TWurtzBakerNewbycom
BCLMA EXECUTIVE amp SECTION LEADERS
DENN
ISCO
X
BC Legal Management Association
By Court Services Branch Staff BC Ministry of the Attorney General
Over recent years wersquove seen an in-crease in online options in every-
thing from online shopping to e-filing ourincome taxes Chances are most of ushave used these types of services
Increased environmental conscious-ness pressures to be more efficient andexpectations for anytime-anywhere accessmean that online interactions are increas-ingly demanded and offered It is in thisspirit that Court Services Online (CSO) wasdeveloped and within that e-Filing forcivil court documents
CSO e-File service allows you to sub-mit electronic court documents in civilactions to Supreme Court and ProvincialCourt registries
British Columbia is the first provincein Canada to introduce a comprehensivee-Filing system that includes an e-Filingservice and the storage and maintenanceof court files in an electronic formatCSO e-Filing helps law firms meet theirdynamic needs
Today CSO e-Filing is available in all43 court locations Moe than 65000Supreme Court civil and ProvincialCourt small-claims documents have al-ready been e-Filed (See Resources box)
Why e-File your court documents Itrsquoseasy efficient environmentally responsi-ble and inexpensive Easy ndash E-Filing can take less than three
minutes to complete To begin youwill need a CSO account (See Resources
box) and software to convert your doc-uments to Adobe Portable DocumentFormat (PDF) All document preparation for e-Filing
is done off-line You can prepare yourdocuments using existing templates orprecedents in any word-processing for-mat and then just convert the documentsto PDF for filing There is no need for anelectronic signature or other digital cre-
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 10ELECTRONIC FILING PASSES 65000 DOCUMENTS
BC court filings increasingly electronic for all major types of BCSupreme Court and Provincial court cases except criminal
T he CSO system is the only method of filing
documents electronically in the BC court
system and itrsquos only in BC at that But there
are other jurisdictions that have a similar sys-
tem and one in particular the US PACER
system is well ahead of ours both in extent of
court coverage and user costs
We particularly thank the CSO office for
providing the accompanying article at our re-
quest but we also let them know we were in-
terested in how BCrsquos system stacks up and
with thier article in hand we asked some
questions
They told us for instance that the growth
of e-Filing in BC has continued steadily since
it was first set up as a pilot project in October
2005 with just one court location Province-
wide e-filing became available on December 1
2008 ldquoand at present there is approximately
an 8 uptake raterdquo
We also were curious about the fact that the
CSO system doesnrsquot include criminal case fil-
ings The response there are ldquono formal plans
at this time to provide access to Supreme Court
Criminal information but it could potentially
be available in the futurerdquo
The CSO is BC-only so we asked if it was
going to be incorporated into a national system
They replied ldquoThere are no formal plans to in-
tegrate the BC system into a Canada-wide sys-
tem however several provinces have shown an
interest in the systems that BC has developedrdquo
The system is in two parts input and out-
put Law firms for instance can file electronic
documents through accounts and there is a price
structure for doing so The public has free ac-
cess to a search engine and the results produced
by the search but retrieving and downloading a
document or documents from a particular
court case linked to the index costs $6 instead
of the $8 charge if a person went to a court reg-
istry and asked for a file to be pulled for view-
ing within the registry itself physical photo-
copying is extra
We asked CSO about the rationale for its
costs The reply ldquoThe BC CSO service costs are
generally calibrated to make it a user-pay service
which is funded by its use and does not impose a
burden on taxpayers by making it a subsidized
servicerdquo
In the US PACER an acronym for Public
Access to Court Electronic Records is an elec-
tronic public access service of United States fed-
eral court documents
It covers civil criminal bankruptcy and
appellate cases that are federal and itrsquos the
output side of the American system PACER is
managed by the Administrative Office of the
United States Courts It allows the public to
obtain case and docket information from the
United States district courts United States
courts of appeals and United States
bankruptcy courts
Each court maintains its own system a
small subset of information from each case is
transferred each night to the US PartyCase
Index located in Texas at the PACER Service
Center in San Antonio
Records are submitted to the individual
courts using the Federal Judiciaryrsquos Case
Management Electronic Case Files (CM
ECF) system which is the input side and has
its own cost structure It accepts the filing of
documents in PDF through the electronic filing
system of each court which maintains its own
databases with case information The index
provides the necessary links to the actual docu-
ments stored in each court
Access to all PACER dockets is available by
registering at its site
lthttppacerpscuscourtsgovgt and the
download cost is eight cents per page with a
US$240 cap per case session with payment
usually quarterly by credit card for those with
non-American addresses
Those with American addresses can get free
access via
lthttpwwwfreecourtdocketscomgt
How does the cost and range compare
BC Court E-Filing to Page 20
By John Clerides
Part of my job de-scription includes
meeting people at so-cial gatherings orbusiness eventsWhen the conversa-tion turns to whatone does for a livingwe inevitably end uptalking about wine
Most people Ispeak with have little understanding abouthow wine is sold imported or priced inBritish Columbia while ironically theyare acutely aware of the low prices forwine in the United States and Europe
When I begin to explain how our sys-tem works people often shake their headsin disbelief So let us spread this cheer byexploring the inner workings of theBritish Columbia Liquor DistributionBranch (BCLDB) and how a wine ispriced
The method used to price wine iscalled an ad valorem tax What does thismean
One source ndash Investopediacom ndash de-fines it as A tax based on the assessed value of
real estate or personal property Ad valoremtaxes can be property tax or even duty on import-
ed items Property ad valorem taxes are the
major source of revenue for state and municipal
governments
The ad valorem tax that the BCLDB usesto assess wine is 117 on the first $751of landed cost Everything thereafter istaxed at 55
Letrsquos take a wine from France with anexport price of euro3 a bottle or euro36 a caseBased on a euro160 exchange rate betweenEuros and Canadian dollars the Canadi-an equivalent value is $5760 a case or$480 a bottle
Now the fun starts An importer factors in shipping tran-
sit insurance storage insurancewarehouse charges administra-tion storage itself (usually sixmonths) the picking sur-charge delivery to theBCLDB locations fuelsurcharges (thereare two of thoseone when the wineis initially shippedand received inBC and onewhen itrsquos movedto the BCLDBrsquoswarehouse) han-dling and any spe-cial labelling
These costs usu-ally add up about$15 or $20 a caseDepending on thenumber of cases im-ported the higher thequantity the lower theshipping charges Now addon the importerrsquos profitwhich varies but usually is be-tween 10 and 20 of the ex-port price
If the importer sells a wealth ofcases they can work on less margin andmake it up in volume If it is a limitedproduction winewith good reviewsand scores theywill try to eke out abit more All ofthese costs are fac-tored in before the117 BCLDBmarkup
So take theinitial export priceof the case ofwine $5780 Addin $20 a case forshipping and othercosts plus 20 profitfor the importer Thecase of wine lands inBritish Columbia at $8910or $742 a bottle
Now the BCLDB applies itsmarkup That
$480-bottle of wine which left Francewill now retail in BC for somewhere
$23 and $26And wersquore not factoring in
currency fluctuation TheBCLDB rules are such thatif an importer applies fora listing at one retail
price and then theEuro increases by 30eight weeks later theimporter is obliged toadhere to their initialretail price
Therersquos more TheBCLDB has specificdays you can apply forprice changes If animporter has to re-pricea wine so they do not
lose any money theymay have to wait a month incurring ad-ditional storage charges It can also workthe other way too but this rarely
happens While a large percentage of the
price you pay for wine goes intotaxes and logistics it does not take
away from the care that goesinto wine on the front end
Carefully managing the landallows the soil to become
alive reducing the size ofthe harvest harvestingvineyards by handmanaging leaf growthcarefully handling vini-fication and agingpractices precisely
All these take yearsto master and all con-tribute to the qualityand enjoyment of awine Sometimes youdo get what you pay for
John Clerides is the owner
and President of Marquis Wine
Cellars John travels extensively
through the wine regions of Italy
France California Washington State
Oregon and Australia Visit his shop at 1034
Davie Street Vancouver or his website
lthttpwwwMarquis-Winescomgt
TopicsTHE BUCK STOPS WITH YOU
Why the price of winemakes you want towail and whine
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorgr S
John Clerides
JAY PATEL ARTIST
11
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
erwise not be sharedWhen you are in a relaxed state the
neo ndash cortex (the subconscious area ofyour brain) is more likely to become acti-vated This is your resource centre aplace where you can really tap into thethings that make you happy and thusbring tools that can help you remain fo-cused establish new goals and findstrength to change situations that arehonestly not working for you
Now bring the Change Management For-
mula components into this concept whenyour relaxed resourceful and reflectivemindset has had a chance to communi-cate with your logical strivedrive dailyndash performance mindset about a positivechange or goal for you to achieve it islikely that your resistance to changewhich may have spent the better part ofthe past year as the dominating factor ina part of your daily duties or desires is
now less powerful than your dissatisfac-tion + vision for what potential you canreach
It is helpful to know that fear drivesthe resistance to change whereas theendless and ominous power the subcon-scious mind provides when it comes tohuman achievement drives vision It istypical that the subconscious mind over-comes conscious fears getting to the re-sourceful state to do so is the key
Pay attention to this seasonrsquos externalforces the ones that spark your internalforces that motivate you to try somethingnew Your desire for change fuelled byyour subconscious desires has overcomethe fear thatrsquos a regular and natural pre-cursor to change
The ability of the subconscious mindto communicate ndash that is the change fac-tor that is different That is why this issuch a powerful time and why it is so im-portant to concurrently incorporate the
last component of the Change Management
Formula taking the first steps towardschange It will give you a good push tostart you swinging towards your personaland professional goals
Herersquos an exercise Letrsquos take that firststep together in the form of experiencingan amazing example of awareness accep-tance dedication and success through thefollowing story
An artist was standing proudly by hisdisplay sculpture at the Art Gallery open-ing Its colour was the traditional gun-metal it was shiny with glistening hints ofbronze and onyx-like shades throughoutthe massive winding tree-like structure
As the crowds gathered he launchedinto an introduction of the piece confess-ing that he had salvaged a gargantuanpiece of metal and intended to bring itinto its existence as a beautiful art sculp-ture The audience was captivated by the
Goalsetting 101 from Page 1
Goalsetting 101 to Page 13
Smile amp Link
SMILE
One of the new features of our redesigned
website includes the ability to post individual
profile photos next to each personrsquos 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
membershipbclmaorg
Thank you for your co-operation
LINK
BCLMA is LinkedIn
The BCLMA is now a group on the popu-
lar business-social website LinkedIncom
which can extend your existing network of trust-
ed contacts
Add the Group and enhance your profes-
sional profile
Topics 12
artistrsquos voice ndash full of wonder and fantasyndash as he continued with the evolution ofthe sculpture
Several months into the creation heexplained he thought the piece was ru-ined and worthless He had discovered adeep ugly flaw along what was intendedto be the most visible line of the intendedfigure
At first it seemed to be a small obsta-cle but as the weeks and months wentby the artist was unable to camouflagethe flaw In fact it seemed to enlarge be-coming more noticeable No matter whattechnique he used the roughness of theflaw could not be tamed not even by themost powerful commercial ndash grade steelsaw the trusted companion in all of hiscreations
For the next several years the artiststruggled with how to work with the chal-lenge He returned to face the piece from
time to time viewing its physical imagefrom different vantage points in proximi-ty and height in differing lights butcould not find a way to resolve the issue
He had loved the piece for so long de-spite its shortcoming it was a truly spec-tacular figure from all but one angle Hewould touch it dust it work on an areaaway from the flaw but no matter whathe did it eventually became obvious to theartist that this flaw would keep the piecefrom being accepted at commercial gradeby his customers and the art industry
If he were to leave the flaw as is itwould have to be displayed in a privateplace for his external reputation could beharmed if it were publicized that he waswilling to live amongst lsquosecondsrsquo with thesame attitude and charisma that he exud-ed with his lsquoperfectrsquo pieces He was fear-ful of taking a risk that might end his ca-reer
So the artist resolved that the only op-
tion was to abandon the piece to createmore room in his studio He decided toforget it in order to focus his creative re-sources on a more fruitful project
Surprisingly moments after arrivingat this raw emotional state somethingcame over him that refused to allow himto abandon the project The decision hadbeen made in his conscious state andonce his conscious mind released its holdhe found himself for the first time lookingat the real problem ndash which wasnrsquot theflaw
He stopped approaching the problemwith his business senses his logicalthought processes to do with the adviceon use of his time analysis of the productrsquos eventual profitability and hisreputation amongst stakeholders in hisartistry
Instead he approached the problemwith a tool he possessed that was morepowerful than his business brain more
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 13
SAVE THESE DATESMark your calendar with these upcoming
events and important dates
Wednesday Sept 23 2009
BCLMA ndash ALA ndash TLOMA Breakfast
webinar lsquoEvolve to Solversquo Presented by Gary
Mitchell (Vancouver) and Catherine Mitchell
(Toronto) of GEM Communications
Fri-Sat Oct 2-3 2009
ALA Region 5 Conference Fairmont Banff
Springs Banff Alberta Canada
Wednesday Oct 7 2009
BCLMArsquos First-Ever Leadership Series
lsquoLeadership amp Balancersquo Presented by
Joanne Ward BComm BEd MA CCC
Thur-Sat Oct 21-23 2010
BCLMA Educational Conference Vancou-
ver Contact Jane Kennedy at Membership ad-
dress below to join the Conference Planning
Committee
Goalsetting 101 from Page 12
powerful than his electricsaw His emotional brain +his heart became the en-gine and fuel behind the so-lution the solution that wasin sync with who he was acreator a transformational-ist a builder
With the voice of a wiz-ard the artist shared withthe rapt crowd around himwhat the audience hadbeen waiting for what hadbrought the seemingly bro-ken hopeless unattractiveand invaluable piece to thegrandure the people wit-nessed today
The first component ofthe plan that emerged fromhis subconscious state com-
mitment He truly did notwant to abandon the struc-ture despite its lack of com-mercial value He foundhimself committing to thefollowing familiar proce-dures that worked for himin the past (1) Hard physical work (2) Exhausting mental work as he focused
his attention on small progressivesteps
(3) Time a lot of time more time than hehad previously been willing to devoteand
(4) Various tools in addition to theallndashpowerful electric saw The second component patience In-
stead of brutally amputating the trou-bling piece he used the saw ndash but in amuch more gentle patient manner in or-der to shave thin layer after layer off thedamaged surface
The third and perhaps most importantcomponents in bringing about the changewere combined in attitude and respect In-stead of resenting the flaw he created anecological space for his creativity to flow asit did with other pieces that appeared lsquoper-fectrsquo He let go of the stressors ndash makingmoney and personal gain ndash to honour theinternal reasons for this project
The hours he spent polishing the vi-
able edge material flew by Ingenuitybloomed as it dawned on him he coulduse a resource he had never tried beforein his sculptures a chemical elixir to dis-solve the edges where neither the power-ful saw nor the gentle buffer could pro-duce the desired result
Success the flaw smoothed away theintegrity of the piece maintainedThrough all of the alternative processesthe artist achieved his goal bringing thepiece to a level of public acceptance andhigh market-value but that itrsquos mostvaluable to him personally and profes-sionally Thatrsquos when he said the piecewas not for sale
Everyone in the audience smiled anddrew their gaze up to the top of the struc-ture They had in that 10 minutes madethe journey from the raw troubled begin-nings to the place of a polished visionThey had during that short time livedwith the artist through his accomplish-ments in reaching the potential of the man
and the object on this seem-ingly dead-end situation
POINTS TO PONDER ndash FLEX THOSE SUBCONSCIOUSMUSCLES
If you stood with thegroup at the foot of the stat-ue without the introductionfrom the sculptor you wouldnever have known it wasoriginally rejected by its cre-ators ndash nature metal makersand the artist ndash and was onits way to becoming a worth-less object ignored by thepowers that controlled theenvironment where it trulybelonged and shone
Notice through yourjourney with this passionateartist that you are now in aresourceful state of appreci-ation for the importance ofawareness acceptance nur-ture and transformation
Is it possible for us toknow the worth of ourselvesor another without spendingsome time to become gen-
uinely acquainted with the 360 degree in-ternal and external view ndash with what wecan and cannot see Are you willing torisk answering ldquoyesrdquo to this question andnot take a deeper or more resourcefullook at yourself or others
Send me an e-mail let me know whatyou decide
Jan Whyte is a Certified Professional Coach
as well as General Manager and Administrator
of Murphy Battista Barristers in Vancouver
She can be reached at
ltWhyteMurphyBattistacomgt
She has spent 26 years working in litigation
firms in Vancouver In addition to her adminis-
trative role at Murphy Battista she consults with
staff and lawyers on various components of life in
law firms including recruitment worklife bal-
ance team dynamics such as leadership or con-
flict resolution and enhancing individual and
group performance Jan is an active Board Mem-
ber and the President-Elect of the BC Legal
Management Association
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
14Topics
SEBA
STIA
NKA
ULIT
ZKI
ARTI
ST
By Mike Bowerbank
In the olden days ndash you know way backwhen Windows 95 was new and crash-
ing computers ndash your social network con-sisted of friends you hung out with andtalked to in person
Face to face Can you believe thatIn 1995 the first large social
networking site sprang upClassmatescom gave people anew way to relive those awk-ward high-school moments It
also enabled visitors to see if thecaptain of the rugby team still had hairand his own teeth
It was more of a way to capitalize onnostalgia with a specific group of peopleso one could argue about just how muchof a social network it really was
The first of what we associate with so-cial-networking sites today was launchedin 2000 Friendstercom grew quickly andbecame so popular that it spawned sever-al copycat sites including MySpace (2003)and Facebook (2004) both of which havesurged ahead of Friendster in popularity
All of these sites allow you to post aprofile that includes all of your personaland contact information show off pic-tures of your kids and make the entireonline world aware of your happeningsSuch sites quickly became the way to stayin touch with people without ever havingto you know actually see them or talk tothem
The great thing about these sites is theease with which we can keep in touch
with people despite our time-crunched lives Rather thanphone or meet with the peoplein your life you can simplyupdate your page with yourlatest news and pictures so
that everyone can see them at onceYou can also play games take quizzesand interact with people from all over theworld
Some businesses are using social-net-
working sites tobuild their brandimage and tomaintain contactwith like-mindedcompanies andclients
One site in par-ticular LinkedIn isgeared specificallyfor professionalsand entrepreneurs and now boasts morethan 36 million members in 200 countries
GONE PHISHINGThere is a problem prevalent on e-
mail known commonly as lsquophishingrsquo
Phishing occurs when a fraudulent mes-sage urges you to visit an internet link toverify passwords account information orother personal or private details
Your participation provides crookswith access to your bank accounts for in-stance which they promptly empty
Other thieves donrsquot need to phish bye-mail thanks to social networking Mostpeoplesrsquo passwords for their logins orbank accounts are the names of their kidsor pets PIN numbers are often signifi-cant dates such as birthdays and anniver-saries If that type of information is post-ed on your Facebook page it is literally avirtual bonanza for thieves
Social networking sitesalso seem to appeal to sexu-al predators so keep an eyeon your children as theyuse these types of sites
According to Wikipediathere are now over 200 so-
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
15NOT-SO-SOCIAL NETWORKING
When I was a kid we had Windows 95and we talked to people ndash and we liked it
Topics
zsaca I 1-877-681-0706
Elizabeth Borrill I eborrill zsaca
in change
Wersquore yourpartner
Mike Bowerbank
cial-networking sites online and manypeople are on more than one
FACE TO FACEBOOKFacebook has become the most popu-
lar social-networking application Morethan 200-million users take quizzes up-load pictures contact long-lost friendsand post status updates letting peopleknow what theyrsquore doing from day today
Prospective employersalso use Facebook to look upapplicants Remember thatcandidate who was dressedto impress in your office dur-ing the interview andseemed so eloquent Thatrsquosthe same guy whose Face-book profile photo showshim passed out on the street wearing atutu with a status update that reads Party
Naked
Personal-injury lawyers use Facebookto disprove disability claims One case in-volved a person on leavefrom work because theyclaimed they were toosore to use a computerBy logging onto Face-book opposing lawyerswere able to dispute theclaim by demonstratinghow the injured personused computers regularlyto update their Facebook page Policehave used both MySpace and Facebookto check for probation violations andweapons being brandished in public
If you think your profile is only opento other Facebook users think again OnJune 12th Facebook enabled your profilepage to be viewed as a web page Theformat is wwwfacebookcomusernameand you no longer need a Facebook ac-count to view a memberrsquos profile page
TWITTER TWEETS AND TWITSJust when you thought Facebook had
taken things far enough into the ldquotoomuch informationrdquo realm along came anapplication that is the new killer appTwitter is basically a bare-bones text-based social application made with cell
phones and Blackberries in mind Youbroadcast short messages (140 charactersmaximum) known as tweets to yourworld
Twitter has become the third most-popular social-networking applicationbehind Facebook and MySpace respectively
Twitter like all social applications hassome good practical uses For examplein this recent election in Iran Twitter be-
came the organizing tool of choice for thepro-reformist camp using it to makeprotest arrangements and send globalmessages slipping these past censors(The Iranian government promptly re-
sponded by blocking Twitter and Face-book in the country showing the vulner-ability of both mediums)
While the horrific scene unfoldedduring the 2008 Mumbai attacks in In-dia an estimated 80 tweets were sent ev-ery five seconds People on the scene ofthis terrorist bombing and shooting usedtheir tweets to help compile a list of ca-sualties and to broadcast the location ofhospitals that needed blood donations
In the legal world Twitter allowslawyers in court to provide minute-by-minute information to other lawyers backat the firm This enables assisting lawyers toprepare appropriate materials as needed
With those notable exceptions ac-knowledged one canrsquot help but comparethe pragmatic uses to the vast majority of
Twitter users who consider standing inline at Tim Hortonrsquos post-worthy or thatthere is a terrible smell coming from theirfridge Twitter is used mostly as a narcis-sistic tool so that the world can know ofyour daily happenings ndash sort of a way tobe the star of your own reality show
LIKE OMGSocial networking can be fun and
useful if used sparingly and casually In-stead of getting out andmeeting each other peopleare using social networkingsites to look for love com-panionship and even extra-marital affairs And theysay romance is dead
If you joined Facebookjust to see what your kids
are up to be forewarned that you mightactually find out and wish you hadnrsquot
Donrsquot spy on your kids talk to themYou know with actual spoken words likethey used to do way back in the 20th
CenturyWhen your com-
puter screen becomesyour main window tothe world and literallybecomes your sociallife you might be ad-dicted Such an addic-tion is as serious as-andno easier to overcome
than-other addictions like gambling As the world becomes increasingly
connected it seems that people in societybecome increasingly isolated socially Itrsquosthe paradox of modern communicationand contributes to a large part of the rea-son why Generation Yndash the Millennials ndashusually excels at technology but generallylacks in social skills
If this trend continues and more peo-ple live online good social skills may endup as extinct as the 525rdquo floppy driveand the game Pong
I know Irsquom writing some things towhich online addicts may object but Idonrsquot expect to hear from them aboutit
They only read things that are 140characters or less OMG LOL
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 16
PHILI
PBA
RKER
ART
IST
When the Vancouver OrganizingCommittee for the 2010 Olympic
and Paralympic Winter Games (VANOC)sets up its on-the-ground operations inearnest this fall and winter itrsquoll be mak-ing room in a downtown Vancouver ho-tel in early February for a special Gamesdivision of the Court of Arbitration forSport (CAS) supervised by a city lawyerwho is well-known in the Olympicsmovement
The International Council of Arbitra-tion for Sport (ICAS) which is based inLausanne Switzerland is the fund-rais-ing and administrative body that tookover from the International OlympicCommittee as the Courtrsquos supervisory organization
The IOC launched the court in 1984to settle disputes amongst its sports feder-ations but within its first decade theIOC became increasingly criticized forthe strength of its influence over thecourt The ICAS was formed in the mid-1990s to create independence and an ad-ministrative structure for the courtrsquos in-creasing activities
Three permanent courts exist ndash Lau-sanne Switzerland (where the IOC isalso headquartered) New York and Syd-ney Australia But the ICAS also estab-lishes ad hoc courts such as the one forthe 2010 Games as needed The CASuses about 300 arbitrators from 87 coun-tries and handles about 200 cases a year
The CAS for the Olympic portion ofthe 2010 Winter Games will include ninelawyers acting as arbitrators to operatein the Renaissance Vancouver HotelHarbourside at 1133 West HastingsStreet from February 2 10 days beforethe start of the Games to February 28the day of the Olympic Closing Ceremo-ny
The Renaissance is one of three bigdowntown Vancouver hotels ndash includingthe Bayshore and the Pinnacle a corpo-rate sister of the Renaissance that is locat-
ed right across West Hastings street aswell as the Vancouver Club ndash thatVANOC is taking over completely duringthe Olympic portion of the Games sothey can be used by the IOC and its re-lated organizations
On March 26 the ICAS formally ap-pointed Tricia Smith ndash Vancouverlawyer and partner of Barnes Craig ampAssociates ndash as its liaison officer withVANOC In this role Smith will carry re-sponsibility for the relationship and com-munication between ICAS CAS andVANOC between now and when theOlympic portion of the Games wraps upin early March
Smithrsquos legal experience communityinvolvement and sports backgroundmake her an excellent candidate for thisrole
Although her law practice focuses onmanaging claims for liability insurers andproviding risk-management consultingshe is also a sports arbitrator with anabiding interest in the Olympics
Smith has been a member of the ICASsince 2001 She was unsuccessful in aclosely fought contest with Marcel AubutQC OC a Quebec City-based lawyerwith Heenan Blaikie in a bid this pastspring to replace the Canadian OlympicCommitteersquos (COC) current presidentMichael Chambers when his term endsafter the 2010 Games she will remain onthe COCrsquos Executive Committee as theorganizationrsquos vice president workingfirst with Chambers later with Aubut
Smith is also a four-time Olympianand medallist in rowing the founder andpast president of Olympians BC and vicepresident of its parent organizationOlympians Canada
Smith remains a member of the Exec-utive Committee of the InternationalFederation of Rowing Associationswhich is also headquartered in Lausanneand chairs its Womenrsquos Rowing Cross-Commission
She is also a former member of theBoard of 2010 Legacies Now which wasoriginally formed by the BC govern-ment to be the armrsquos-length implementerof several major social goals of the gov-ernment connected with the Games
Although 2010 Legacies Now contin-ues to work on those goals with the helpof various companies connected to the2010 Winter Games and others and al-though it receives the majority of its fund-ing from Victoria it is now a fully inde-pendent society
The CAS usually involves panels ofthree arbitrators each and they deal witha wide range of issues involving the intri-cacies of relationships between the nu-merous international sports federationsthat the IOC supports through fundsgenerated by sponsorships and Olympicgames and it often deals as well with ap-peals from decisions by the federationsthat affect their athletes
Its work in the controversial field ofanti-doping gives the CAS its highest visi-bility For example just this past June itworked out the appropriate suspension ofGerman ice-hockey player FlorianBusch who made the mistake last De-cember of refusing to provide a urinesample when a doping-control officerknocked on his apartment door a sur-prise test is a known and standard part ofthe International Ice Hockey Federa-tionrsquos procedures for out-of-competitiontesting
Though he took the test a couple ofhours later and it was negative forbanned substances it was too late Therewas a plethora of subsequent legal argu-
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 17BAIRNES CRAIGrsquoS TRICIA SMITH TO SUPERVISE
A sophisticated new court will be set up indowntown Vancouver for the 2010 Games
ments and appeals from various bodiesabout which one should sanction himand for how long
The CAS sorted through the compet-ing claims and ruled that he would re-ceive a two-year suspension effectivelypreventing him from competing in the2010 Games
Perhaps one of its most famous caseswas a decision to uphold a life-time banon taking part in Olympic winter gamesimposed by the IOC against three of fourmembers of the Austrian Nordic skiingteam attending the Torino Italy WinterOlympics in 2006 for allegedly sharingldquocomplicity to violate anti-doping rulesrdquo
Eventually the CAS court commuteda similar ban to the fourth member of theteam to a four-year suspension ndash it endsjust after the 2010 Games ndash after review-ing his lesser role in the affair
When the Olympic Games are under-way the Athlete Villages in Vancouverand Whistler and any separate apart-ments used by Olympic athletes theirteam coaches and related officials have akind of diplomatic separation from thecriminal laws of the host country when itinvolves things such as drugs where con-victions in some countries carry thedeath penalty The IOC as part of itsthicket of legal agreements with hostcountries obtains the authority to lookafter anti-doping cases on its own termsduring the Games The deal usually in-volves the local police going in with IOCinvestigators each with their own juris-diction
The cases can be deadly serious Theanti-doping case that involved the CASstemmed from a joint IOC-Italian policeraid on the rooms of the Austrianbiathlon and cross-country squads onFebruary 18 2006 in the teamrsquos privatequarters in the Italian Alps while theTorino Games were underway
The IOC later reported that 80 medi-cal devices including advanced medicalequipment were found in the apartmentalong with used syringes blood bagsblood-transfusion equipment and evenbloody handkerchiefs
In 2010rsquos case once the Games arefinished the CAS court goes too
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 18FIRM LEADERSHIP THROUGH UNCERTAIN TIMES
Leading your firm through the difficultdilemma of terminations or layoffsBy Tim Wurtz Administrator Baker Newby LLP
Our profession and the world at largebuzzes with the employment impli-
cations of our general economic slow-down Whether you face small adjust-ments to your work force or a larger scalelayoff to control that salary expense lineitem leadership before during and afterany termination plays a central role inhow your firm will weather any fallout asa result of constraints to your work force
LawShuckscom reports that 125 ma-jor law firms around the globe have an-nounced or conducted layoffs The com-bined total is 10723 people 4015lawyers and 6708staff Most law firmson that list thank-fully do not haveany significant rec-ognizable namesfrom our BCLMAnetwork however all local firms whospoke with me are cautiously managingtheir salary expenses
While most research and surveys thatexamine the long-term effects of downsiz-ing indicate that companies that cut staffend up disappointed with the resultsmany of us will face formulating staffingstrategies to control costs Layoffs mayserve a short-term need but create largerlong-term issues Nonetheless we mustmanage and lead as directed by our Part-nership or Managing Committees
I am sure my fellow Administratorsand HR Managers will agree that an im-pending termination on any scale canconsume the workday We complete thenecessary forms derive suitable severancepackages develop plans to reassign workor alternatively reinvigorate the recruit-ment process to find a suitable replace-ment While we focus on the person orpersons being terminated we might over-look and forget or ultimately deny an im-portant aspect of the overall process ndash the
employees we keepThe Law Practice
Today section in theJanuary edition ofthe ABA Law Prac-tice Management in-cluded an article byJaffrey C Connerconcisely summariz-ing the point that fu-ture success of a firm depends largely onthe leadership of management after anylayoffs have been made
The workplace mood becomessomber People ask themselves ldquoAm Inextrdquo There will be a significant amount
of distrust of man-agement and anxi-ety over subsequentjob losses Thesefeelings must betempered by astrong unified mes-
sage from Management It is reasonableto admit the future is uncertain and thatevery effort will be made to ensure astrong and viable law firm well into thefuture Also tell the staff that this uncer-tainty will undoubtedly result in difficultdecisions after every possible alternativehas been considered
Terminating employees is a decisionthat is never made lightly To be an effec-tive leader you need to reinforce that alloptions were considered prior to layoffsUnder conditions of economic uncertain-ty the contribution of leadership is notsimply to inspire or build confidence butrather to solve problems and make ap-propriate strategic decisions
I learned an important lesson at lastyearrsquos BCLMA Conference Peter deJager a specialist in Change Manage-ment said in the closing session ldquoPeopleactually are not resistant to change theyare resistant to the way change is broughtaboutrdquo
Some employees consider termina-
Tim Wurtz
ALL LOCAL FIRMS ARECAUTIOUSLY MANAGINGTHEIR SALARY EXPENSES
tions or layoffs as drastic and developstrong feelings against managementLeaders must remain aware of the per-ceptions of their Partnership BoardManagement ndash and staff All three groupsinfluence a leaderrsquos ability to implementchange specifically to bring about signifi-cant staffing reassignments
Much literature exists about the dis-tinction between leaders and managerswith leaders having vision and creativityand managers focusing on improving ef-ficiency Leaders should exercise dili-gence toward gaining an understandingof their capacity within the organizationto properly apply leadership theories ifappropriate
During uncertain times we need tothink about adaptive and situational lead-ership-the right person with the rightstyle for the right situation Mining theInternet and academic journals for de-scriptions of leadership styles yields hun-dreds of words typically used to describe
a vast variety of leadership traits andtechniques
Two styles reside on opposite ends ofthe spectrum Visionary Leaders and Au-thoritative Leaders A visionary leaderpossesses a charismatic personality em-braces a democratic approach to the de-cision-making process and tries to en-gage staff in ongoing strategic initiatives
An authoritative leader prefers au-tonomous control over decision-makingmotivates employees using various formsof intimidation shows reluctance at relin-quishing control and fails to actively seekfeedback throughout management pro-cesses During difficult and emotionalstaff terminations and re-assignments theenormous grey area between these two
styles is required to carefully steer yourship through difficult waters
Use components of visionary leader-ship to bring employees into the world ofdecision-making Solicit ideas Listen towhat staff say when you introduce cost-saving measures For employees who areterminated or laid-off consider outplace-ment services a mutually agreeable refer-ence letter and perhaps access to thefirmrsquos resources or referral networks sothey can actively seek other employmentFor employees who are retained and pos-sibly required to assume additional re-sponsibilities for the same or less paythink about new benefits you can offerthem such as additional training andsupport
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 19
TERMINATIONS OR LAYOFFS ARE ABOUT LOSS BUT THEY ALSO CREATE OPPORTUNITYFOR US AS LEADERS AND MANAGERS
JAM
ESTH
EW
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Use aspects authoritative leadership toreinforce the notion that difficult deci-sions are inevitable that assuming issuesassociated with terminations or downsiz-ing will solve themselves over time is irre-sponsible It is important not be per-ceived as laissez-faire in yourmanagement capacity and to clearly es-tablish that while difficult the decisionsmust be respected
We are expected to possess the skills toproperly and compassionately deliver badnews to staff As managers it is our dutyto be knowledgeable of how people willreact and deal with the ramifications ofour actions Often the problems in work-force reductions arise when people donrsquotsee logic in why they were laid off andothers kept their jobs People draw theirown conclusions
I know first-hand that remaining stafftypically formulate their own complextapestry of reasons to explain why some-one has been let go These conclusionscanrsquot include aspects of the decision-mak-ing process to which they are not privy
It is counter-productive however toargue with this mentality as they are typ-ically emotionally driven conclusions Ra-tionalization may serve to further fuel thefire of distrust of management
However we cannot ignore it entirelyeither We will need to address the ru-mours and speculation either as a groupor one-on-one
Terminations or lay-offs are aboutloss but they also create opportunityfor us as leaders and managers Ourwords and actions can inspire loyaltyand enthusiasm Vision and authoritymake great bedfellows in any leaderrsquosarsenal of tools but sustainable law-firm profitability and excellence takes aconcerted effort on any managerrsquos partto become and remain the leader that isthe glue in the firmrsquos organizationalculture
Leaders must be honest and trans-parent about current conditions whilstremaining positive and reassuring En-gage Consulting Solutions in its publi-cation Engaging Employees in Uncertain
Times suggests that you must counteractpervasive negativity by providing clear
consistent messaging about the firmrsquosreality regardless of the reality In addi-tion focusing on programs that pro-mote recognition employee wellnesslearning and development are also seenas crucial to reducing the uncertaintywhile increasing retention and engage-ment
The July-August 2009 issue of The
Harvard Business Review lists new requiredleadership skills particularly vital in ourclimate of economic uncertainty 1) Foster Adaptation ndash For instance de-
velop ldquonext practicesrdquo in addition tocontinuing with current best practices
2) Embrace disequilibrium ndash While thisseems to depart from traditional lead-ership efforts to create a harmoniousequilibrium it is suggested you keepstaff in a state that creates enough dis-comfort to induce change but not somuch that they fight flee or freeze
3) Generate leadership ndash Give employ-ees at all levels of the organizationthe opportunity to lead departmentsor firm initiatives that will help itadapt to changing timesA suggestion to Administrators and
HR managers struggling with difficult sit-uations Ensure you take care of yourselfthroughout these dynamic times Cam-bridge Leadership suggests that you 1) Give yourself permission to be both
optimistic and realistic2) Find sanctuaries where you can reflect
on events and gain perspective 3) Reach out to trusted confidants with
whom you can speak openly 4) Bring more of your emotional self to
the workplace noting that appropriatedisplays of emotion can effect change
5) Do not lose yourself in your role nordefine yourself through a single en-deavourThrough these uneasy times we must
skillfully balance the profitability of thepartnership with a healthy organizationalclimate for the firm
They are not mutually exclusive dur-ing economic uncertainty but do requirecareful planning and actions by law firmmanagers to advance our stature withinthe decision-making process to that of alaw-firm leader
dentials except for affidavits and orders Efficient ndash Law firms will like the ease
and convenience as well as the effi-ciencies gained E-Filing allows you tofile retrieve and electronically searchfiles from your office or home It sim-plifies document preparation for of-fices by eliminating the need to printand prepare multiple copies of docu-ments for filing After submitting your documents you
can check on the status at any time sim-ply by logging in at CSO If requestedCSO will automatically send an e-mailnotification as soon as the registry hasprocessed the document
Once the registry accepts the e-Fileddocument it is electronically stampedYou can then download the documentfor your files Enviromental ndash E-Filing can offer a
greener solution for offices by eliminat-ing the need to print and prepare mul-tiple copies of documents for filing As a result your office can use less
paper E-Filed documents do not need tobe physically transported thereby reduc-
BC Court E-Filing from Page 10
Topics 20
ResourcesE-Filing is available for most types of docu-
ments For e-Filing rules refer to SupremeCourt Rule 69 which is athellip
lthttptinyurlcomnasoj9gthellipand Small Claims Rule 22 located
at lthttptinyurlcoml7ch8ggtThere are quite a few Rules on each of these
web pages so once you arrive use your brows-
errsquos Find command to quickly search the page
for the text Rule 69 in the one case or Rule22 in the other
You can register for a CSO account online
through the CSO website atltwwwcourtservicesonlinegovbccagtor if you are a BC OnLine user through BC
OnLine at
lthttpswwwbconlinegovbccagtPlease visit Court Services Online at
wwwcourtservicesonlinegovbcca Questions can be e-mailed to
CourtsCSOgovbcca
E-Filing to Page 21
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
By Michael J Anderson Principal Innovative Consulting
Sometimes whenwe have our
heads down justploughing awaythrough the fires onour desk we losesight of the funda-mental things thatwe should do togrow our practices
Wersquore not talkingabout huge expensive or complex mar-keting strategies here We are just remind-ing you of the basics Several of you prob-ably already do many of these thingsseveral of you probably plan to do manyof these things Our hope is that this listwill remind you of what it takes to expandyour practice and spur you on to turnyour best intentions into best practicesWe also hope that you will gain some newideas and insights
The following in no particular order
is provided as a checklist for what youmight want to do to become more profitable
1Get out of the office Every great RainMaker will tell you that you must meet
with your current and potential clients of-ten either on their turf or on neutralground
2The old 8020 rule still applies Yes 80of your new work will probably come
from 20 of your current clients Do youknow which of your clients provide youwith the most work If you do how areyou building on that relationship We seetoo many firms and lawyers spendinggobs of time and money trying to attractan elusive new big client Your best tar-get for success is the client you alreadyknow and who already knows you
3Just say ldquoNordquo Being fearful of whereour next file will come from makes us
want to accept every possible bit of workthat might come in the door whether thework is profitable whether we have goodprospects for getting paid whether it is anarea of law in which we are comfortableor whether our time could be better spentattempting to land the work that we reallywant at rates that will help us to succeedIt seems to be the credo for many lawyersthat ldquoThey have never met a dollar theydidnrsquot likerdquo Instead ldquoFocus on the goodstuffrdquo as professional-business consultantDavid Maister would say
4Budget your time and money Typically alawyer works about 2500 hours each
year roughly split between 1400 billablehours and 1100 non-billable hours Thenon-billable time is broken into segmentsfor management associate training per-sonal education research and marketingWe suggest that every lawyer allows forabout 600 hours per year for marketingtheir practice with a marketing budget ofbetween 2 and 5 of their gross rev-enues The marketing should include ad-vertising website creation and mainte-nance marketing-skills training andclient promotion-among other things
5Get involved We have a moral duty togive back to our communities
Choose a charity community group po-litical organization or business associa-tion that you enjoy and is important toyou Many of these types of groups are
looking to add a lawyer or two to theirboards In addition to contributing to agreater common good you will also net-work with other successful business peo-ple
6Market internally Ensure that everyonein your firm knows all of the facets of
the work you are capable of handling theareas in which you are looking to expandand your availability to handle the workAsk your partners about possible cross-selling opportunities Since cross-selling isa two-way street look at your own clientlist for possible situations to offer yourpartners For younger lawyers internal
marketing is possibly the only marketingthat they can do as their peer group hasnot yet risen to positions or situationswhere they can direct legal files to theirfriends Every young lawyer should askthe more senior members of their firm forwork on a weekly basis A lot of work willtransfer down to them if they prove theycan handle it
ing fuel consumption and its environ-mental impact Inexpensive ndash An office can reap sav-
ings from e-Filing through reducedprinting costs as well as reducedcosts from delivering documents tothe registry particularly when fil-ing beyond the local registry There is a $7 e-Filing transaction
fee per filing package regardless ofwhere the document is filed A filingpackage is any number of documentsbeing e-Filed to the same court file atthe same time The transaction feeand any applicable statutory filing feesare paid online through a BC OnLine
deposit account or with a credit card With all of these positive reasons
to e-File why not give it a try Go on-line today to view a demonstration ofhow to e-File to an existing court fileor how to use e-File to start a newcourt file
15 ideas for improving your practice
BC Court E-Filing from Page 20
21Topics
Michael Anderson
HOW DO FIRMS USE ON-LINEVIDEO TO VIEW AN
EFFECTIVE USE OF THISMEDIUM VISIT TORYrsquoS
WWWTORYSCOMVIDEOCENTERPAGESDEFAULTASPX
SINCE CROSS-SELLING IS ATWO-WAY STREET LOOK ATYOUR OWN CLIENT LIST FOR
POSSIBLE SITUATIONS TOOFFER YOUR PARTNERS
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
7Go to school Many lawyers can benefitgreatly from marketing training or
personal coaching In the old days a se-nior partner would grab an associate bythe scruff of the neck drag them toclient lunches and warn them to just sitthere keep their mouth shut and learnAnd they did learn Similarly we needto develop ways to share the marketingskills that already reside within ourfirms especially for our youngermembers
8Create a ldquoDream Listrdquo In aperfect world who
would you have as clientsand what type of workwould they send you Onceyou have the list startstrategizing on how youcan get an introductionand what you would saywhen you finally meetthem Why should theyhire you What will set youapart from your competi-tion After all many clientsfeel that most lawyers arethe same ndash they point tolaw firm websites andbrochures where you willsee that most of them at-tempt to sell ldquoBetter Fasteramp Cheaperrdquo Differentiateyourself Innovate
9Research Do you trulyunderstand your clientsrsquo
core needs What issueskeep them awake at nightand what can you do tohelp them Use the Inter-net to gather informationabout your current and po-tential clients Use that datato customize your proposalto them This demonstratesan understanding of theirbusiness and a commitment tohelp them enhance it
10CRM Institute a Customer Relation-ship Management program that will
track who when how and what the nextsteps are in your marketing strategy A sim-ple and inexpensive option like MicrosoftOutlook or a more legal-specific option like
Amicus Attorney will get your started
11Write write and write some more Createa perception of expertise by writing
topical articles and getting them pub-lished in relevant print or online maga-zines newsletters and blogs
12Leverage your writing Create a mailingor even better an e-mailing list of
clients and potential clients and send
them copies of the articles that you writeThe goal is to have them say ldquoThis onesure seems to know their stuffrdquo Thenhave the article placed in a strategic loca-tion on your website so that visitors will
also see that you have expertise Take itone step further and create a seminarpresentation or speech using the article asthe basis Undertake each at the personalgroup or firm level ndash or all of the above
13Leverage your people How many timeshave we heard ldquoPush the work
down and free your time to do the moreimportant stuffrdquo Why do many of us still
resist that strategy Whether you are ina large firm with associates or a
sole practitioner with parale-gals use junior practitionersto a greater degree Usingleverage will make youmore profitable and freeyour time for more impor-tant things
14Web support Amongother things websites
are the brochures of the newmillennium Is your websitesupporting your marketingefforts or is it just a neces-sary expense The most ef-fective sites have a lot incommon they are builtfrom a clientrsquos point of viewthey are informative and ed-ucational they display yourexpertise they have person-ality they are well ldquotaggedrdquoto be picked up in Googletype searches and usevideos effectively
15 Discipline Sometimesour best intentions lack thediscipline to carry out whatwe know we need to doDevelop a strategy with atimetable to accomplish theplan Start with this check-list and add to it as youprogress along the road to
growing your practice Wehope that this will help you to
focus on the issues that are mostimportant for you and your firm go-
ing forward
Michael J Anderson is a principal in Inno-
vative Consulting Hersquos based in Vancouver and
can be reached at 6042724222 or at
andersoninnovativeconsultingca
Topics 22
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
SUMMER 2009
Editor Stephanie MarshManaging Editor Designer Peter Morgan
This issue is also available in PDF format atlthttpwwwbclmaorggt
Topics Archive amp Indexlthttpwwwbclmaorggt
Editorial copy 2009 BCLMA CANADA
Published by MORGANNewsletters 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 BC It is the BCLMA lsquos goal toprovide educational and networking opportunitiesto 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
NEWSLETTER SERVICES
TOPICS is a public newsletter We will be pleased toadd you to our mailing list for this newsletter Pleasecontact the Editorial Committee Chair or any mem-ber of the Editorial Committee listed on the left forcomments on any of these articles or to offer sugges-tions for articles in future issues or for adjustments tothe circulation list Comments are always welcome
REPRODUCTION RIGHTS
Topics is copyrighted however we encourage you tocirculate or copy this material unmodified for yourown internal or private use You may freely quoteany article or portion of article but it must be ac-companied by attribution Quoting any article orportion of article without attribution is prohibitedThe newsletter its contents or its material may notbe sold intact or modified nor included in anypackage or product offered for sale
EXECUTIVE Stephanie Marsh President
Fasken Martineau2900 550 Burrard StreetVancouver Canada V6C 0A3D 6046314767F 604-631-3232SMarshFaskencom
Jan Whyte Vice-President
Murphy Battista2020 650 West Georgia StreetVancouver BC V6B 4N7D 6046333811F 604-683-5084WhyteMurphyBattistacom
Gary Carter Director
Paine Edmonds LLP1100 510 Burrard StreetVancouver BC V6C 3A8P 6046831211F 604-681-5084GCarterPaine-Edmondscom
Cindy Hildebrandt Director
Richards Buell Sutton LLP700 ndash 401 West Georgia StreetVancouver BC V6B 5A1P 6046823664D 6046619267F 604-688-3830CHildebrandtrbsca
Evenna Liu Director
Oyen Wiggs Green amp Mutala LLP480 ndash 601 Cordova Street WVancouver BC V6B 1G1D 604-676-9074F 604-681-4081ELiuPatentablecom
Barb Marshall Director
Fasken Martineau2900 ndash 550 Burrard StreetVancouver BC V6C 0A3D 6046314991F 604-631-3232BMarshallFaskencom
Angela Zarowny Treasurer
Direct 6043510124azanddzShawca
Jane Kennedy Administrator amp Membership Services
BCLMA
PO Box 75562RPO Edgemont VillageNorth Vancouver V7R 4X1P 6049881221F 604-988-1221MembershipBCLMAorg
SUBSECTION LEADERS
Facilities amp Service ManagementJanice McAuley Co-Chair
Lawson Lundell LLP1600 ndash 925 West Georgia StreetVancouver Canada V6C 3L2D 604-631-9254F 604-669-1620JMcAuleyLawsonLundellcom
Lorraine Burchynsky Co-Chair
Boughton Law CorporationSuite 700 ndash 595 Burrard StreetVancouver Canada V7X 1S8D 6046474162P 6046876789F 604-683-5317LBurchynskyBoughtonca
FinanceSheila Tham Co-Chair
Watson Goepel Maledy LLP1700 ndash 1075 West Georgia StVancouver BC V6E 3C9P 6046881301F 604-688-8193SThamWGMlawcom
Linda Lucas Co-chairDavis LLP2800 Park Place 666 Burrard StVancouver BC V6C 2Z7D 6046436305F 604-687-1612E LLucasDavisca
Human ResourcesTina Giallonardo Chair
Miller Thomson LLP1800 840 Howe StVancouver BC V6Z 2M1P 6046872242F 604-643-1200TGiallonardoMillerThomsonc
Knowledge ManagementGreg Christensen Chair
Fasken Martineau2900ndash550 Burrard StreetVancouver Canada V6C 0A3D 6046314993F 604-631-3232GChristensenFaskencom
MarketingRecruiting
Small FirmsSharon Kwong Wah Chair
Young Anderson1616 ndash 808 Nelson StreetVancouver Canada V6Z 2H2 D 604-689-7400F 604-689-3444KWongWahLYAbcca
TrainersRuth-Ann Spencer Co-Chair
Bull Housser amp Tupper LLP 3000 1055 West Georgia Street Vancouver BC V6E 3R3 D 6046414921 F 604-646-2638 RASBHTcom
Lisa Dick Co-Chair
Fasken Martineau 2900ndash550 Burrard Street Vancouver V6C 0A3 P 6046313131 F 604-631-3232 LDickFaskencom
Technology Aaron Fahlman Co-Chair
Fasken Martineau2900 550 Burrard StreetVancouver Canada V6C 0A3D 6046314960F 604-631-3232AFahlmanFaskencom
Aaron Zuccolin Co-Chair
Watson Goepel Maledy LLP1700 ndash 1075 West Georgia StreetVancouver BC V6E 3C9 D 6046425661F 604-688-8193AZuccolinWGMlawcom
EDITORIAL COMMITTEE
Bob Waterman Chair
Richards Buell Sutton LLPD 6046619241F 604-688-3830BWatermanRBSca
Stephanie Marsh Editor
Fasken Martineau2900 550 Burrard StreetVancouver Canada V6C 0A3D 6046314767F 604-631-3232SMarshFaskencom
Mike BowerbankBurnabyMikeYahoocom
Lorraine BurchynskyBoughton Law CorporationSuite 700 ndash 595 Burrard StreetVancouver Canada V7X 1S8D 6046474162P 6046876789F 604-683-5317LBurchynskyBoughtonca
Paula ButlerBarrister amp Solicitor200 100 Park RoyalWest Vancouver BC V7T 1A2P 6047820373F 604-983-0372PButlerPaulaButlercom
Tim WurtzBaker Newby LLP9259 Main StChilliwack BC V2P 6K2P (1) 6047921376F (1) 604-792-8711TWurtzBakerNewbycom
BCLMA EXECUTIVE amp SECTION LEADERS
DENN
ISCO
X
BC Legal Management Association
By John Clerides
Part of my job de-scription includes
meeting people at so-cial gatherings orbusiness eventsWhen the conversa-tion turns to whatone does for a livingwe inevitably end uptalking about wine
Most people Ispeak with have little understanding abouthow wine is sold imported or priced inBritish Columbia while ironically theyare acutely aware of the low prices forwine in the United States and Europe
When I begin to explain how our sys-tem works people often shake their headsin disbelief So let us spread this cheer byexploring the inner workings of theBritish Columbia Liquor DistributionBranch (BCLDB) and how a wine ispriced
The method used to price wine iscalled an ad valorem tax What does thismean
One source ndash Investopediacom ndash de-fines it as A tax based on the assessed value of
real estate or personal property Ad valoremtaxes can be property tax or even duty on import-
ed items Property ad valorem taxes are the
major source of revenue for state and municipal
governments
The ad valorem tax that the BCLDB usesto assess wine is 117 on the first $751of landed cost Everything thereafter istaxed at 55
Letrsquos take a wine from France with anexport price of euro3 a bottle or euro36 a caseBased on a euro160 exchange rate betweenEuros and Canadian dollars the Canadi-an equivalent value is $5760 a case or$480 a bottle
Now the fun starts An importer factors in shipping tran-
sit insurance storage insurancewarehouse charges administra-tion storage itself (usually sixmonths) the picking sur-charge delivery to theBCLDB locations fuelsurcharges (thereare two of thoseone when the wineis initially shippedand received inBC and onewhen itrsquos movedto the BCLDBrsquoswarehouse) han-dling and any spe-cial labelling
These costs usu-ally add up about$15 or $20 a caseDepending on thenumber of cases im-ported the higher thequantity the lower theshipping charges Now addon the importerrsquos profitwhich varies but usually is be-tween 10 and 20 of the ex-port price
If the importer sells a wealth ofcases they can work on less margin andmake it up in volume If it is a limitedproduction winewith good reviewsand scores theywill try to eke out abit more All ofthese costs are fac-tored in before the117 BCLDBmarkup
So take theinitial export priceof the case ofwine $5780 Addin $20 a case forshipping and othercosts plus 20 profitfor the importer Thecase of wine lands inBritish Columbia at $8910or $742 a bottle
Now the BCLDB applies itsmarkup That
$480-bottle of wine which left Francewill now retail in BC for somewhere
$23 and $26And wersquore not factoring in
currency fluctuation TheBCLDB rules are such thatif an importer applies fora listing at one retail
price and then theEuro increases by 30eight weeks later theimporter is obliged toadhere to their initialretail price
Therersquos more TheBCLDB has specificdays you can apply forprice changes If animporter has to re-pricea wine so they do not
lose any money theymay have to wait a month incurring ad-ditional storage charges It can also workthe other way too but this rarely
happens While a large percentage of the
price you pay for wine goes intotaxes and logistics it does not take
away from the care that goesinto wine on the front end
Carefully managing the landallows the soil to become
alive reducing the size ofthe harvest harvestingvineyards by handmanaging leaf growthcarefully handling vini-fication and agingpractices precisely
All these take yearsto master and all con-tribute to the qualityand enjoyment of awine Sometimes youdo get what you pay for
John Clerides is the owner
and President of Marquis Wine
Cellars John travels extensively
through the wine regions of Italy
France California Washington State
Oregon and Australia Visit his shop at 1034
Davie Street Vancouver or his website
lthttpwwwMarquis-Winescomgt
TopicsTHE BUCK STOPS WITH YOU
Why the price of winemakes you want towail and whine
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorgr S
John Clerides
JAY PATEL ARTIST
11
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
erwise not be sharedWhen you are in a relaxed state the
neo ndash cortex (the subconscious area ofyour brain) is more likely to become acti-vated This is your resource centre aplace where you can really tap into thethings that make you happy and thusbring tools that can help you remain fo-cused establish new goals and findstrength to change situations that arehonestly not working for you
Now bring the Change Management For-
mula components into this concept whenyour relaxed resourceful and reflectivemindset has had a chance to communi-cate with your logical strivedrive dailyndash performance mindset about a positivechange or goal for you to achieve it islikely that your resistance to changewhich may have spent the better part ofthe past year as the dominating factor ina part of your daily duties or desires is
now less powerful than your dissatisfac-tion + vision for what potential you canreach
It is helpful to know that fear drivesthe resistance to change whereas theendless and ominous power the subcon-scious mind provides when it comes tohuman achievement drives vision It istypical that the subconscious mind over-comes conscious fears getting to the re-sourceful state to do so is the key
Pay attention to this seasonrsquos externalforces the ones that spark your internalforces that motivate you to try somethingnew Your desire for change fuelled byyour subconscious desires has overcomethe fear thatrsquos a regular and natural pre-cursor to change
The ability of the subconscious mindto communicate ndash that is the change fac-tor that is different That is why this issuch a powerful time and why it is so im-portant to concurrently incorporate the
last component of the Change Management
Formula taking the first steps towardschange It will give you a good push tostart you swinging towards your personaland professional goals
Herersquos an exercise Letrsquos take that firststep together in the form of experiencingan amazing example of awareness accep-tance dedication and success through thefollowing story
An artist was standing proudly by hisdisplay sculpture at the Art Gallery open-ing Its colour was the traditional gun-metal it was shiny with glistening hints ofbronze and onyx-like shades throughoutthe massive winding tree-like structure
As the crowds gathered he launchedinto an introduction of the piece confess-ing that he had salvaged a gargantuanpiece of metal and intended to bring itinto its existence as a beautiful art sculp-ture The audience was captivated by the
Goalsetting 101 from Page 1
Goalsetting 101 to Page 13
Smile amp Link
SMILE
One of the new features of our redesigned
website includes the ability to post individual
profile photos next to each personrsquos 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
membershipbclmaorg
Thank you for your co-operation
LINK
BCLMA is LinkedIn
The BCLMA is now a group on the popu-
lar business-social website LinkedIncom
which can extend your existing network of trust-
ed contacts
Add the Group and enhance your profes-
sional profile
Topics 12
artistrsquos voice ndash full of wonder and fantasyndash as he continued with the evolution ofthe sculpture
Several months into the creation heexplained he thought the piece was ru-ined and worthless He had discovered adeep ugly flaw along what was intendedto be the most visible line of the intendedfigure
At first it seemed to be a small obsta-cle but as the weeks and months wentby the artist was unable to camouflagethe flaw In fact it seemed to enlarge be-coming more noticeable No matter whattechnique he used the roughness of theflaw could not be tamed not even by themost powerful commercial ndash grade steelsaw the trusted companion in all of hiscreations
For the next several years the artiststruggled with how to work with the chal-lenge He returned to face the piece from
time to time viewing its physical imagefrom different vantage points in proximi-ty and height in differing lights butcould not find a way to resolve the issue
He had loved the piece for so long de-spite its shortcoming it was a truly spec-tacular figure from all but one angle Hewould touch it dust it work on an areaaway from the flaw but no matter whathe did it eventually became obvious to theartist that this flaw would keep the piecefrom being accepted at commercial gradeby his customers and the art industry
If he were to leave the flaw as is itwould have to be displayed in a privateplace for his external reputation could beharmed if it were publicized that he waswilling to live amongst lsquosecondsrsquo with thesame attitude and charisma that he exud-ed with his lsquoperfectrsquo pieces He was fear-ful of taking a risk that might end his ca-reer
So the artist resolved that the only op-
tion was to abandon the piece to createmore room in his studio He decided toforget it in order to focus his creative re-sources on a more fruitful project
Surprisingly moments after arrivingat this raw emotional state somethingcame over him that refused to allow himto abandon the project The decision hadbeen made in his conscious state andonce his conscious mind released its holdhe found himself for the first time lookingat the real problem ndash which wasnrsquot theflaw
He stopped approaching the problemwith his business senses his logicalthought processes to do with the adviceon use of his time analysis of the productrsquos eventual profitability and hisreputation amongst stakeholders in hisartistry
Instead he approached the problemwith a tool he possessed that was morepowerful than his business brain more
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 13
SAVE THESE DATESMark your calendar with these upcoming
events and important dates
Wednesday Sept 23 2009
BCLMA ndash ALA ndash TLOMA Breakfast
webinar lsquoEvolve to Solversquo Presented by Gary
Mitchell (Vancouver) and Catherine Mitchell
(Toronto) of GEM Communications
Fri-Sat Oct 2-3 2009
ALA Region 5 Conference Fairmont Banff
Springs Banff Alberta Canada
Wednesday Oct 7 2009
BCLMArsquos First-Ever Leadership Series
lsquoLeadership amp Balancersquo Presented by
Joanne Ward BComm BEd MA CCC
Thur-Sat Oct 21-23 2010
BCLMA Educational Conference Vancou-
ver Contact Jane Kennedy at Membership ad-
dress below to join the Conference Planning
Committee
Goalsetting 101 from Page 12
powerful than his electricsaw His emotional brain +his heart became the en-gine and fuel behind the so-lution the solution that wasin sync with who he was acreator a transformational-ist a builder
With the voice of a wiz-ard the artist shared withthe rapt crowd around himwhat the audience hadbeen waiting for what hadbrought the seemingly bro-ken hopeless unattractiveand invaluable piece to thegrandure the people wit-nessed today
The first component ofthe plan that emerged fromhis subconscious state com-
mitment He truly did notwant to abandon the struc-ture despite its lack of com-mercial value He foundhimself committing to thefollowing familiar proce-dures that worked for himin the past (1) Hard physical work (2) Exhausting mental work as he focused
his attention on small progressivesteps
(3) Time a lot of time more time than hehad previously been willing to devoteand
(4) Various tools in addition to theallndashpowerful electric saw The second component patience In-
stead of brutally amputating the trou-bling piece he used the saw ndash but in amuch more gentle patient manner in or-der to shave thin layer after layer off thedamaged surface
The third and perhaps most importantcomponents in bringing about the changewere combined in attitude and respect In-stead of resenting the flaw he created anecological space for his creativity to flow asit did with other pieces that appeared lsquoper-fectrsquo He let go of the stressors ndash makingmoney and personal gain ndash to honour theinternal reasons for this project
The hours he spent polishing the vi-
able edge material flew by Ingenuitybloomed as it dawned on him he coulduse a resource he had never tried beforein his sculptures a chemical elixir to dis-solve the edges where neither the power-ful saw nor the gentle buffer could pro-duce the desired result
Success the flaw smoothed away theintegrity of the piece maintainedThrough all of the alternative processesthe artist achieved his goal bringing thepiece to a level of public acceptance andhigh market-value but that itrsquos mostvaluable to him personally and profes-sionally Thatrsquos when he said the piecewas not for sale
Everyone in the audience smiled anddrew their gaze up to the top of the struc-ture They had in that 10 minutes madethe journey from the raw troubled begin-nings to the place of a polished visionThey had during that short time livedwith the artist through his accomplish-ments in reaching the potential of the man
and the object on this seem-ingly dead-end situation
POINTS TO PONDER ndash FLEX THOSE SUBCONSCIOUSMUSCLES
If you stood with thegroup at the foot of the stat-ue without the introductionfrom the sculptor you wouldnever have known it wasoriginally rejected by its cre-ators ndash nature metal makersand the artist ndash and was onits way to becoming a worth-less object ignored by thepowers that controlled theenvironment where it trulybelonged and shone
Notice through yourjourney with this passionateartist that you are now in aresourceful state of appreci-ation for the importance ofawareness acceptance nur-ture and transformation
Is it possible for us toknow the worth of ourselvesor another without spendingsome time to become gen-
uinely acquainted with the 360 degree in-ternal and external view ndash with what wecan and cannot see Are you willing torisk answering ldquoyesrdquo to this question andnot take a deeper or more resourcefullook at yourself or others
Send me an e-mail let me know whatyou decide
Jan Whyte is a Certified Professional Coach
as well as General Manager and Administrator
of Murphy Battista Barristers in Vancouver
She can be reached at
ltWhyteMurphyBattistacomgt
She has spent 26 years working in litigation
firms in Vancouver In addition to her adminis-
trative role at Murphy Battista she consults with
staff and lawyers on various components of life in
law firms including recruitment worklife bal-
ance team dynamics such as leadership or con-
flict resolution and enhancing individual and
group performance Jan is an active Board Mem-
ber and the President-Elect of the BC Legal
Management Association
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
14Topics
SEBA
STIA
NKA
ULIT
ZKI
ARTI
ST
By Mike Bowerbank
In the olden days ndash you know way backwhen Windows 95 was new and crash-
ing computers ndash your social network con-sisted of friends you hung out with andtalked to in person
Face to face Can you believe thatIn 1995 the first large social
networking site sprang upClassmatescom gave people anew way to relive those awk-ward high-school moments It
also enabled visitors to see if thecaptain of the rugby team still had hairand his own teeth
It was more of a way to capitalize onnostalgia with a specific group of peopleso one could argue about just how muchof a social network it really was
The first of what we associate with so-cial-networking sites today was launchedin 2000 Friendstercom grew quickly andbecame so popular that it spawned sever-al copycat sites including MySpace (2003)and Facebook (2004) both of which havesurged ahead of Friendster in popularity
All of these sites allow you to post aprofile that includes all of your personaland contact information show off pic-tures of your kids and make the entireonline world aware of your happeningsSuch sites quickly became the way to stayin touch with people without ever havingto you know actually see them or talk tothem
The great thing about these sites is theease with which we can keep in touch
with people despite our time-crunched lives Rather thanphone or meet with the peoplein your life you can simplyupdate your page with yourlatest news and pictures so
that everyone can see them at onceYou can also play games take quizzesand interact with people from all over theworld
Some businesses are using social-net-
working sites tobuild their brandimage and tomaintain contactwith like-mindedcompanies andclients
One site in par-ticular LinkedIn isgeared specificallyfor professionalsand entrepreneurs and now boasts morethan 36 million members in 200 countries
GONE PHISHINGThere is a problem prevalent on e-
mail known commonly as lsquophishingrsquo
Phishing occurs when a fraudulent mes-sage urges you to visit an internet link toverify passwords account information orother personal or private details
Your participation provides crookswith access to your bank accounts for in-stance which they promptly empty
Other thieves donrsquot need to phish bye-mail thanks to social networking Mostpeoplesrsquo passwords for their logins orbank accounts are the names of their kidsor pets PIN numbers are often signifi-cant dates such as birthdays and anniver-saries If that type of information is post-ed on your Facebook page it is literally avirtual bonanza for thieves
Social networking sitesalso seem to appeal to sexu-al predators so keep an eyeon your children as theyuse these types of sites
According to Wikipediathere are now over 200 so-
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
15NOT-SO-SOCIAL NETWORKING
When I was a kid we had Windows 95and we talked to people ndash and we liked it
Topics
zsaca I 1-877-681-0706
Elizabeth Borrill I eborrill zsaca
in change
Wersquore yourpartner
Mike Bowerbank
cial-networking sites online and manypeople are on more than one
FACE TO FACEBOOKFacebook has become the most popu-
lar social-networking application Morethan 200-million users take quizzes up-load pictures contact long-lost friendsand post status updates letting peopleknow what theyrsquore doing from day today
Prospective employersalso use Facebook to look upapplicants Remember thatcandidate who was dressedto impress in your office dur-ing the interview andseemed so eloquent Thatrsquosthe same guy whose Face-book profile photo showshim passed out on the street wearing atutu with a status update that reads Party
Naked
Personal-injury lawyers use Facebookto disprove disability claims One case in-volved a person on leavefrom work because theyclaimed they were toosore to use a computerBy logging onto Face-book opposing lawyerswere able to dispute theclaim by demonstratinghow the injured personused computers regularlyto update their Facebook page Policehave used both MySpace and Facebookto check for probation violations andweapons being brandished in public
If you think your profile is only opento other Facebook users think again OnJune 12th Facebook enabled your profilepage to be viewed as a web page Theformat is wwwfacebookcomusernameand you no longer need a Facebook ac-count to view a memberrsquos profile page
TWITTER TWEETS AND TWITSJust when you thought Facebook had
taken things far enough into the ldquotoomuch informationrdquo realm along came anapplication that is the new killer appTwitter is basically a bare-bones text-based social application made with cell
phones and Blackberries in mind Youbroadcast short messages (140 charactersmaximum) known as tweets to yourworld
Twitter has become the third most-popular social-networking applicationbehind Facebook and MySpace respectively
Twitter like all social applications hassome good practical uses For examplein this recent election in Iran Twitter be-
came the organizing tool of choice for thepro-reformist camp using it to makeprotest arrangements and send globalmessages slipping these past censors(The Iranian government promptly re-
sponded by blocking Twitter and Face-book in the country showing the vulner-ability of both mediums)
While the horrific scene unfoldedduring the 2008 Mumbai attacks in In-dia an estimated 80 tweets were sent ev-ery five seconds People on the scene ofthis terrorist bombing and shooting usedtheir tweets to help compile a list of ca-sualties and to broadcast the location ofhospitals that needed blood donations
In the legal world Twitter allowslawyers in court to provide minute-by-minute information to other lawyers backat the firm This enables assisting lawyers toprepare appropriate materials as needed
With those notable exceptions ac-knowledged one canrsquot help but comparethe pragmatic uses to the vast majority of
Twitter users who consider standing inline at Tim Hortonrsquos post-worthy or thatthere is a terrible smell coming from theirfridge Twitter is used mostly as a narcis-sistic tool so that the world can know ofyour daily happenings ndash sort of a way tobe the star of your own reality show
LIKE OMGSocial networking can be fun and
useful if used sparingly and casually In-stead of getting out andmeeting each other peopleare using social networkingsites to look for love com-panionship and even extra-marital affairs And theysay romance is dead
If you joined Facebookjust to see what your kids
are up to be forewarned that you mightactually find out and wish you hadnrsquot
Donrsquot spy on your kids talk to themYou know with actual spoken words likethey used to do way back in the 20th
CenturyWhen your com-
puter screen becomesyour main window tothe world and literallybecomes your sociallife you might be ad-dicted Such an addic-tion is as serious as-andno easier to overcome
than-other addictions like gambling As the world becomes increasingly
connected it seems that people in societybecome increasingly isolated socially Itrsquosthe paradox of modern communicationand contributes to a large part of the rea-son why Generation Yndash the Millennials ndashusually excels at technology but generallylacks in social skills
If this trend continues and more peo-ple live online good social skills may endup as extinct as the 525rdquo floppy driveand the game Pong
I know Irsquom writing some things towhich online addicts may object but Idonrsquot expect to hear from them aboutit
They only read things that are 140characters or less OMG LOL
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 16
PHILI
PBA
RKER
ART
IST
When the Vancouver OrganizingCommittee for the 2010 Olympic
and Paralympic Winter Games (VANOC)sets up its on-the-ground operations inearnest this fall and winter itrsquoll be mak-ing room in a downtown Vancouver ho-tel in early February for a special Gamesdivision of the Court of Arbitration forSport (CAS) supervised by a city lawyerwho is well-known in the Olympicsmovement
The International Council of Arbitra-tion for Sport (ICAS) which is based inLausanne Switzerland is the fund-rais-ing and administrative body that tookover from the International OlympicCommittee as the Courtrsquos supervisory organization
The IOC launched the court in 1984to settle disputes amongst its sports feder-ations but within its first decade theIOC became increasingly criticized forthe strength of its influence over thecourt The ICAS was formed in the mid-1990s to create independence and an ad-ministrative structure for the courtrsquos in-creasing activities
Three permanent courts exist ndash Lau-sanne Switzerland (where the IOC isalso headquartered) New York and Syd-ney Australia But the ICAS also estab-lishes ad hoc courts such as the one forthe 2010 Games as needed The CASuses about 300 arbitrators from 87 coun-tries and handles about 200 cases a year
The CAS for the Olympic portion ofthe 2010 Winter Games will include ninelawyers acting as arbitrators to operatein the Renaissance Vancouver HotelHarbourside at 1133 West HastingsStreet from February 2 10 days beforethe start of the Games to February 28the day of the Olympic Closing Ceremo-ny
The Renaissance is one of three bigdowntown Vancouver hotels ndash includingthe Bayshore and the Pinnacle a corpo-rate sister of the Renaissance that is locat-
ed right across West Hastings street aswell as the Vancouver Club ndash thatVANOC is taking over completely duringthe Olympic portion of the Games sothey can be used by the IOC and its re-lated organizations
On March 26 the ICAS formally ap-pointed Tricia Smith ndash Vancouverlawyer and partner of Barnes Craig ampAssociates ndash as its liaison officer withVANOC In this role Smith will carry re-sponsibility for the relationship and com-munication between ICAS CAS andVANOC between now and when theOlympic portion of the Games wraps upin early March
Smithrsquos legal experience communityinvolvement and sports backgroundmake her an excellent candidate for thisrole
Although her law practice focuses onmanaging claims for liability insurers andproviding risk-management consultingshe is also a sports arbitrator with anabiding interest in the Olympics
Smith has been a member of the ICASsince 2001 She was unsuccessful in aclosely fought contest with Marcel AubutQC OC a Quebec City-based lawyerwith Heenan Blaikie in a bid this pastspring to replace the Canadian OlympicCommitteersquos (COC) current presidentMichael Chambers when his term endsafter the 2010 Games she will remain onthe COCrsquos Executive Committee as theorganizationrsquos vice president workingfirst with Chambers later with Aubut
Smith is also a four-time Olympianand medallist in rowing the founder andpast president of Olympians BC and vicepresident of its parent organizationOlympians Canada
Smith remains a member of the Exec-utive Committee of the InternationalFederation of Rowing Associationswhich is also headquartered in Lausanneand chairs its Womenrsquos Rowing Cross-Commission
She is also a former member of theBoard of 2010 Legacies Now which wasoriginally formed by the BC govern-ment to be the armrsquos-length implementerof several major social goals of the gov-ernment connected with the Games
Although 2010 Legacies Now contin-ues to work on those goals with the helpof various companies connected to the2010 Winter Games and others and al-though it receives the majority of its fund-ing from Victoria it is now a fully inde-pendent society
The CAS usually involves panels ofthree arbitrators each and they deal witha wide range of issues involving the intri-cacies of relationships between the nu-merous international sports federationsthat the IOC supports through fundsgenerated by sponsorships and Olympicgames and it often deals as well with ap-peals from decisions by the federationsthat affect their athletes
Its work in the controversial field ofanti-doping gives the CAS its highest visi-bility For example just this past June itworked out the appropriate suspension ofGerman ice-hockey player FlorianBusch who made the mistake last De-cember of refusing to provide a urinesample when a doping-control officerknocked on his apartment door a sur-prise test is a known and standard part ofthe International Ice Hockey Federa-tionrsquos procedures for out-of-competitiontesting
Though he took the test a couple ofhours later and it was negative forbanned substances it was too late Therewas a plethora of subsequent legal argu-
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 17BAIRNES CRAIGrsquoS TRICIA SMITH TO SUPERVISE
A sophisticated new court will be set up indowntown Vancouver for the 2010 Games
ments and appeals from various bodiesabout which one should sanction himand for how long
The CAS sorted through the compet-ing claims and ruled that he would re-ceive a two-year suspension effectivelypreventing him from competing in the2010 Games
Perhaps one of its most famous caseswas a decision to uphold a life-time banon taking part in Olympic winter gamesimposed by the IOC against three of fourmembers of the Austrian Nordic skiingteam attending the Torino Italy WinterOlympics in 2006 for allegedly sharingldquocomplicity to violate anti-doping rulesrdquo
Eventually the CAS court commuteda similar ban to the fourth member of theteam to a four-year suspension ndash it endsjust after the 2010 Games ndash after review-ing his lesser role in the affair
When the Olympic Games are under-way the Athlete Villages in Vancouverand Whistler and any separate apart-ments used by Olympic athletes theirteam coaches and related officials have akind of diplomatic separation from thecriminal laws of the host country when itinvolves things such as drugs where con-victions in some countries carry thedeath penalty The IOC as part of itsthicket of legal agreements with hostcountries obtains the authority to lookafter anti-doping cases on its own termsduring the Games The deal usually in-volves the local police going in with IOCinvestigators each with their own juris-diction
The cases can be deadly serious Theanti-doping case that involved the CASstemmed from a joint IOC-Italian policeraid on the rooms of the Austrianbiathlon and cross-country squads onFebruary 18 2006 in the teamrsquos privatequarters in the Italian Alps while theTorino Games were underway
The IOC later reported that 80 medi-cal devices including advanced medicalequipment were found in the apartmentalong with used syringes blood bagsblood-transfusion equipment and evenbloody handkerchiefs
In 2010rsquos case once the Games arefinished the CAS court goes too
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 18FIRM LEADERSHIP THROUGH UNCERTAIN TIMES
Leading your firm through the difficultdilemma of terminations or layoffsBy Tim Wurtz Administrator Baker Newby LLP
Our profession and the world at largebuzzes with the employment impli-
cations of our general economic slow-down Whether you face small adjust-ments to your work force or a larger scalelayoff to control that salary expense lineitem leadership before during and afterany termination plays a central role inhow your firm will weather any fallout asa result of constraints to your work force
LawShuckscom reports that 125 ma-jor law firms around the globe have an-nounced or conducted layoffs The com-bined total is 10723 people 4015lawyers and 6708staff Most law firmson that list thank-fully do not haveany significant rec-ognizable namesfrom our BCLMAnetwork however all local firms whospoke with me are cautiously managingtheir salary expenses
While most research and surveys thatexamine the long-term effects of downsiz-ing indicate that companies that cut staffend up disappointed with the resultsmany of us will face formulating staffingstrategies to control costs Layoffs mayserve a short-term need but create largerlong-term issues Nonetheless we mustmanage and lead as directed by our Part-nership or Managing Committees
I am sure my fellow Administratorsand HR Managers will agree that an im-pending termination on any scale canconsume the workday We complete thenecessary forms derive suitable severancepackages develop plans to reassign workor alternatively reinvigorate the recruit-ment process to find a suitable replace-ment While we focus on the person orpersons being terminated we might over-look and forget or ultimately deny an im-portant aspect of the overall process ndash the
employees we keepThe Law Practice
Today section in theJanuary edition ofthe ABA Law Prac-tice Management in-cluded an article byJaffrey C Connerconcisely summariz-ing the point that fu-ture success of a firm depends largely onthe leadership of management after anylayoffs have been made
The workplace mood becomessomber People ask themselves ldquoAm Inextrdquo There will be a significant amount
of distrust of man-agement and anxi-ety over subsequentjob losses Thesefeelings must betempered by astrong unified mes-
sage from Management It is reasonableto admit the future is uncertain and thatevery effort will be made to ensure astrong and viable law firm well into thefuture Also tell the staff that this uncer-tainty will undoubtedly result in difficultdecisions after every possible alternativehas been considered
Terminating employees is a decisionthat is never made lightly To be an effec-tive leader you need to reinforce that alloptions were considered prior to layoffsUnder conditions of economic uncertain-ty the contribution of leadership is notsimply to inspire or build confidence butrather to solve problems and make ap-propriate strategic decisions
I learned an important lesson at lastyearrsquos BCLMA Conference Peter deJager a specialist in Change Manage-ment said in the closing session ldquoPeopleactually are not resistant to change theyare resistant to the way change is broughtaboutrdquo
Some employees consider termina-
Tim Wurtz
ALL LOCAL FIRMS ARECAUTIOUSLY MANAGINGTHEIR SALARY EXPENSES
tions or layoffs as drastic and developstrong feelings against managementLeaders must remain aware of the per-ceptions of their Partnership BoardManagement ndash and staff All three groupsinfluence a leaderrsquos ability to implementchange specifically to bring about signifi-cant staffing reassignments
Much literature exists about the dis-tinction between leaders and managerswith leaders having vision and creativityand managers focusing on improving ef-ficiency Leaders should exercise dili-gence toward gaining an understandingof their capacity within the organizationto properly apply leadership theories ifappropriate
During uncertain times we need tothink about adaptive and situational lead-ership-the right person with the rightstyle for the right situation Mining theInternet and academic journals for de-scriptions of leadership styles yields hun-dreds of words typically used to describe
a vast variety of leadership traits andtechniques
Two styles reside on opposite ends ofthe spectrum Visionary Leaders and Au-thoritative Leaders A visionary leaderpossesses a charismatic personality em-braces a democratic approach to the de-cision-making process and tries to en-gage staff in ongoing strategic initiatives
An authoritative leader prefers au-tonomous control over decision-makingmotivates employees using various formsof intimidation shows reluctance at relin-quishing control and fails to actively seekfeedback throughout management pro-cesses During difficult and emotionalstaff terminations and re-assignments theenormous grey area between these two
styles is required to carefully steer yourship through difficult waters
Use components of visionary leader-ship to bring employees into the world ofdecision-making Solicit ideas Listen towhat staff say when you introduce cost-saving measures For employees who areterminated or laid-off consider outplace-ment services a mutually agreeable refer-ence letter and perhaps access to thefirmrsquos resources or referral networks sothey can actively seek other employmentFor employees who are retained and pos-sibly required to assume additional re-sponsibilities for the same or less paythink about new benefits you can offerthem such as additional training andsupport
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 19
TERMINATIONS OR LAYOFFS ARE ABOUT LOSS BUT THEY ALSO CREATE OPPORTUNITYFOR US AS LEADERS AND MANAGERS
JAM
ESTH
EW
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Use aspects authoritative leadership toreinforce the notion that difficult deci-sions are inevitable that assuming issuesassociated with terminations or downsiz-ing will solve themselves over time is irre-sponsible It is important not be per-ceived as laissez-faire in yourmanagement capacity and to clearly es-tablish that while difficult the decisionsmust be respected
We are expected to possess the skills toproperly and compassionately deliver badnews to staff As managers it is our dutyto be knowledgeable of how people willreact and deal with the ramifications ofour actions Often the problems in work-force reductions arise when people donrsquotsee logic in why they were laid off andothers kept their jobs People draw theirown conclusions
I know first-hand that remaining stafftypically formulate their own complextapestry of reasons to explain why some-one has been let go These conclusionscanrsquot include aspects of the decision-mak-ing process to which they are not privy
It is counter-productive however toargue with this mentality as they are typ-ically emotionally driven conclusions Ra-tionalization may serve to further fuel thefire of distrust of management
However we cannot ignore it entirelyeither We will need to address the ru-mours and speculation either as a groupor one-on-one
Terminations or lay-offs are aboutloss but they also create opportunityfor us as leaders and managers Ourwords and actions can inspire loyaltyand enthusiasm Vision and authoritymake great bedfellows in any leaderrsquosarsenal of tools but sustainable law-firm profitability and excellence takes aconcerted effort on any managerrsquos partto become and remain the leader that isthe glue in the firmrsquos organizationalculture
Leaders must be honest and trans-parent about current conditions whilstremaining positive and reassuring En-gage Consulting Solutions in its publi-cation Engaging Employees in Uncertain
Times suggests that you must counteractpervasive negativity by providing clear
consistent messaging about the firmrsquosreality regardless of the reality In addi-tion focusing on programs that pro-mote recognition employee wellnesslearning and development are also seenas crucial to reducing the uncertaintywhile increasing retention and engage-ment
The July-August 2009 issue of The
Harvard Business Review lists new requiredleadership skills particularly vital in ourclimate of economic uncertainty 1) Foster Adaptation ndash For instance de-
velop ldquonext practicesrdquo in addition tocontinuing with current best practices
2) Embrace disequilibrium ndash While thisseems to depart from traditional lead-ership efforts to create a harmoniousequilibrium it is suggested you keepstaff in a state that creates enough dis-comfort to induce change but not somuch that they fight flee or freeze
3) Generate leadership ndash Give employ-ees at all levels of the organizationthe opportunity to lead departmentsor firm initiatives that will help itadapt to changing timesA suggestion to Administrators and
HR managers struggling with difficult sit-uations Ensure you take care of yourselfthroughout these dynamic times Cam-bridge Leadership suggests that you 1) Give yourself permission to be both
optimistic and realistic2) Find sanctuaries where you can reflect
on events and gain perspective 3) Reach out to trusted confidants with
whom you can speak openly 4) Bring more of your emotional self to
the workplace noting that appropriatedisplays of emotion can effect change
5) Do not lose yourself in your role nordefine yourself through a single en-deavourThrough these uneasy times we must
skillfully balance the profitability of thepartnership with a healthy organizationalclimate for the firm
They are not mutually exclusive dur-ing economic uncertainty but do requirecareful planning and actions by law firmmanagers to advance our stature withinthe decision-making process to that of alaw-firm leader
dentials except for affidavits and orders Efficient ndash Law firms will like the ease
and convenience as well as the effi-ciencies gained E-Filing allows you tofile retrieve and electronically searchfiles from your office or home It sim-plifies document preparation for of-fices by eliminating the need to printand prepare multiple copies of docu-ments for filing After submitting your documents you
can check on the status at any time sim-ply by logging in at CSO If requestedCSO will automatically send an e-mailnotification as soon as the registry hasprocessed the document
Once the registry accepts the e-Fileddocument it is electronically stampedYou can then download the documentfor your files Enviromental ndash E-Filing can offer a
greener solution for offices by eliminat-ing the need to print and prepare mul-tiple copies of documents for filing As a result your office can use less
paper E-Filed documents do not need tobe physically transported thereby reduc-
BC Court E-Filing from Page 10
Topics 20
ResourcesE-Filing is available for most types of docu-
ments For e-Filing rules refer to SupremeCourt Rule 69 which is athellip
lthttptinyurlcomnasoj9gthellipand Small Claims Rule 22 located
at lthttptinyurlcoml7ch8ggtThere are quite a few Rules on each of these
web pages so once you arrive use your brows-
errsquos Find command to quickly search the page
for the text Rule 69 in the one case or Rule22 in the other
You can register for a CSO account online
through the CSO website atltwwwcourtservicesonlinegovbccagtor if you are a BC OnLine user through BC
OnLine at
lthttpswwwbconlinegovbccagtPlease visit Court Services Online at
wwwcourtservicesonlinegovbcca Questions can be e-mailed to
CourtsCSOgovbcca
E-Filing to Page 21
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
By Michael J Anderson Principal Innovative Consulting
Sometimes whenwe have our
heads down justploughing awaythrough the fires onour desk we losesight of the funda-mental things thatwe should do togrow our practices
Wersquore not talkingabout huge expensive or complex mar-keting strategies here We are just remind-ing you of the basics Several of you prob-ably already do many of these thingsseveral of you probably plan to do manyof these things Our hope is that this listwill remind you of what it takes to expandyour practice and spur you on to turnyour best intentions into best practicesWe also hope that you will gain some newideas and insights
The following in no particular order
is provided as a checklist for what youmight want to do to become more profitable
1Get out of the office Every great RainMaker will tell you that you must meet
with your current and potential clients of-ten either on their turf or on neutralground
2The old 8020 rule still applies Yes 80of your new work will probably come
from 20 of your current clients Do youknow which of your clients provide youwith the most work If you do how areyou building on that relationship We seetoo many firms and lawyers spendinggobs of time and money trying to attractan elusive new big client Your best tar-get for success is the client you alreadyknow and who already knows you
3Just say ldquoNordquo Being fearful of whereour next file will come from makes us
want to accept every possible bit of workthat might come in the door whether thework is profitable whether we have goodprospects for getting paid whether it is anarea of law in which we are comfortableor whether our time could be better spentattempting to land the work that we reallywant at rates that will help us to succeedIt seems to be the credo for many lawyersthat ldquoThey have never met a dollar theydidnrsquot likerdquo Instead ldquoFocus on the goodstuffrdquo as professional-business consultantDavid Maister would say
4Budget your time and money Typically alawyer works about 2500 hours each
year roughly split between 1400 billablehours and 1100 non-billable hours Thenon-billable time is broken into segmentsfor management associate training per-sonal education research and marketingWe suggest that every lawyer allows forabout 600 hours per year for marketingtheir practice with a marketing budget ofbetween 2 and 5 of their gross rev-enues The marketing should include ad-vertising website creation and mainte-nance marketing-skills training andclient promotion-among other things
5Get involved We have a moral duty togive back to our communities
Choose a charity community group po-litical organization or business associa-tion that you enjoy and is important toyou Many of these types of groups are
looking to add a lawyer or two to theirboards In addition to contributing to agreater common good you will also net-work with other successful business peo-ple
6Market internally Ensure that everyonein your firm knows all of the facets of
the work you are capable of handling theareas in which you are looking to expandand your availability to handle the workAsk your partners about possible cross-selling opportunities Since cross-selling isa two-way street look at your own clientlist for possible situations to offer yourpartners For younger lawyers internal
marketing is possibly the only marketingthat they can do as their peer group hasnot yet risen to positions or situationswhere they can direct legal files to theirfriends Every young lawyer should askthe more senior members of their firm forwork on a weekly basis A lot of work willtransfer down to them if they prove theycan handle it
ing fuel consumption and its environ-mental impact Inexpensive ndash An office can reap sav-
ings from e-Filing through reducedprinting costs as well as reducedcosts from delivering documents tothe registry particularly when fil-ing beyond the local registry There is a $7 e-Filing transaction
fee per filing package regardless ofwhere the document is filed A filingpackage is any number of documentsbeing e-Filed to the same court file atthe same time The transaction feeand any applicable statutory filing feesare paid online through a BC OnLine
deposit account or with a credit card With all of these positive reasons
to e-File why not give it a try Go on-line today to view a demonstration ofhow to e-File to an existing court fileor how to use e-File to start a newcourt file
15 ideas for improving your practice
BC Court E-Filing from Page 20
21Topics
Michael Anderson
HOW DO FIRMS USE ON-LINEVIDEO TO VIEW AN
EFFECTIVE USE OF THISMEDIUM VISIT TORYrsquoS
WWWTORYSCOMVIDEOCENTERPAGESDEFAULTASPX
SINCE CROSS-SELLING IS ATWO-WAY STREET LOOK ATYOUR OWN CLIENT LIST FOR
POSSIBLE SITUATIONS TOOFFER YOUR PARTNERS
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
7Go to school Many lawyers can benefitgreatly from marketing training or
personal coaching In the old days a se-nior partner would grab an associate bythe scruff of the neck drag them toclient lunches and warn them to just sitthere keep their mouth shut and learnAnd they did learn Similarly we needto develop ways to share the marketingskills that already reside within ourfirms especially for our youngermembers
8Create a ldquoDream Listrdquo In aperfect world who
would you have as clientsand what type of workwould they send you Onceyou have the list startstrategizing on how youcan get an introductionand what you would saywhen you finally meetthem Why should theyhire you What will set youapart from your competi-tion After all many clientsfeel that most lawyers arethe same ndash they point tolaw firm websites andbrochures where you willsee that most of them at-tempt to sell ldquoBetter Fasteramp Cheaperrdquo Differentiateyourself Innovate
9Research Do you trulyunderstand your clientsrsquo
core needs What issueskeep them awake at nightand what can you do tohelp them Use the Inter-net to gather informationabout your current and po-tential clients Use that datato customize your proposalto them This demonstratesan understanding of theirbusiness and a commitment tohelp them enhance it
10CRM Institute a Customer Relation-ship Management program that will
track who when how and what the nextsteps are in your marketing strategy A sim-ple and inexpensive option like MicrosoftOutlook or a more legal-specific option like
Amicus Attorney will get your started
11Write write and write some more Createa perception of expertise by writing
topical articles and getting them pub-lished in relevant print or online maga-zines newsletters and blogs
12Leverage your writing Create a mailingor even better an e-mailing list of
clients and potential clients and send
them copies of the articles that you writeThe goal is to have them say ldquoThis onesure seems to know their stuffrdquo Thenhave the article placed in a strategic loca-tion on your website so that visitors will
also see that you have expertise Take itone step further and create a seminarpresentation or speech using the article asthe basis Undertake each at the personalgroup or firm level ndash or all of the above
13Leverage your people How many timeshave we heard ldquoPush the work
down and free your time to do the moreimportant stuffrdquo Why do many of us still
resist that strategy Whether you are ina large firm with associates or a
sole practitioner with parale-gals use junior practitionersto a greater degree Usingleverage will make youmore profitable and freeyour time for more impor-tant things
14Web support Amongother things websites
are the brochures of the newmillennium Is your websitesupporting your marketingefforts or is it just a neces-sary expense The most ef-fective sites have a lot incommon they are builtfrom a clientrsquos point of viewthey are informative and ed-ucational they display yourexpertise they have person-ality they are well ldquotaggedrdquoto be picked up in Googletype searches and usevideos effectively
15 Discipline Sometimesour best intentions lack thediscipline to carry out whatwe know we need to doDevelop a strategy with atimetable to accomplish theplan Start with this check-list and add to it as youprogress along the road to
growing your practice Wehope that this will help you to
focus on the issues that are mostimportant for you and your firm go-
ing forward
Michael J Anderson is a principal in Inno-
vative Consulting Hersquos based in Vancouver and
can be reached at 6042724222 or at
andersoninnovativeconsultingca
Topics 22
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
SUMMER 2009
Editor Stephanie MarshManaging Editor Designer Peter Morgan
This issue is also available in PDF format atlthttpwwwbclmaorggt
Topics Archive amp Indexlthttpwwwbclmaorggt
Editorial copy 2009 BCLMA CANADA
Published by MORGANNewsletters 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 BC It is the BCLMA lsquos goal toprovide educational and networking opportunitiesto 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
NEWSLETTER SERVICES
TOPICS is a public newsletter We will be pleased toadd you to our mailing list for this newsletter Pleasecontact the Editorial Committee Chair or any mem-ber of the Editorial Committee listed on the left forcomments on any of these articles or to offer sugges-tions for articles in future issues or for adjustments tothe circulation list Comments are always welcome
REPRODUCTION RIGHTS
Topics is copyrighted however we encourage you tocirculate or copy this material unmodified for yourown internal or private use You may freely quoteany article or portion of article but it must be ac-companied by attribution Quoting any article orportion of article without attribution is prohibitedThe newsletter its contents or its material may notbe sold intact or modified nor included in anypackage or product offered for sale
EXECUTIVE Stephanie Marsh President
Fasken Martineau2900 550 Burrard StreetVancouver Canada V6C 0A3D 6046314767F 604-631-3232SMarshFaskencom
Jan Whyte Vice-President
Murphy Battista2020 650 West Georgia StreetVancouver BC V6B 4N7D 6046333811F 604-683-5084WhyteMurphyBattistacom
Gary Carter Director
Paine Edmonds LLP1100 510 Burrard StreetVancouver BC V6C 3A8P 6046831211F 604-681-5084GCarterPaine-Edmondscom
Cindy Hildebrandt Director
Richards Buell Sutton LLP700 ndash 401 West Georgia StreetVancouver BC V6B 5A1P 6046823664D 6046619267F 604-688-3830CHildebrandtrbsca
Evenna Liu Director
Oyen Wiggs Green amp Mutala LLP480 ndash 601 Cordova Street WVancouver BC V6B 1G1D 604-676-9074F 604-681-4081ELiuPatentablecom
Barb Marshall Director
Fasken Martineau2900 ndash 550 Burrard StreetVancouver BC V6C 0A3D 6046314991F 604-631-3232BMarshallFaskencom
Angela Zarowny Treasurer
Direct 6043510124azanddzShawca
Jane Kennedy Administrator amp Membership Services
BCLMA
PO Box 75562RPO Edgemont VillageNorth Vancouver V7R 4X1P 6049881221F 604-988-1221MembershipBCLMAorg
SUBSECTION LEADERS
Facilities amp Service ManagementJanice McAuley Co-Chair
Lawson Lundell LLP1600 ndash 925 West Georgia StreetVancouver Canada V6C 3L2D 604-631-9254F 604-669-1620JMcAuleyLawsonLundellcom
Lorraine Burchynsky Co-Chair
Boughton Law CorporationSuite 700 ndash 595 Burrard StreetVancouver Canada V7X 1S8D 6046474162P 6046876789F 604-683-5317LBurchynskyBoughtonca
FinanceSheila Tham Co-Chair
Watson Goepel Maledy LLP1700 ndash 1075 West Georgia StVancouver BC V6E 3C9P 6046881301F 604-688-8193SThamWGMlawcom
Linda Lucas Co-chairDavis LLP2800 Park Place 666 Burrard StVancouver BC V6C 2Z7D 6046436305F 604-687-1612E LLucasDavisca
Human ResourcesTina Giallonardo Chair
Miller Thomson LLP1800 840 Howe StVancouver BC V6Z 2M1P 6046872242F 604-643-1200TGiallonardoMillerThomsonc
Knowledge ManagementGreg Christensen Chair
Fasken Martineau2900ndash550 Burrard StreetVancouver Canada V6C 0A3D 6046314993F 604-631-3232GChristensenFaskencom
MarketingRecruiting
Small FirmsSharon Kwong Wah Chair
Young Anderson1616 ndash 808 Nelson StreetVancouver Canada V6Z 2H2 D 604-689-7400F 604-689-3444KWongWahLYAbcca
TrainersRuth-Ann Spencer Co-Chair
Bull Housser amp Tupper LLP 3000 1055 West Georgia Street Vancouver BC V6E 3R3 D 6046414921 F 604-646-2638 RASBHTcom
Lisa Dick Co-Chair
Fasken Martineau 2900ndash550 Burrard Street Vancouver V6C 0A3 P 6046313131 F 604-631-3232 LDickFaskencom
Technology Aaron Fahlman Co-Chair
Fasken Martineau2900 550 Burrard StreetVancouver Canada V6C 0A3D 6046314960F 604-631-3232AFahlmanFaskencom
Aaron Zuccolin Co-Chair
Watson Goepel Maledy LLP1700 ndash 1075 West Georgia StreetVancouver BC V6E 3C9 D 6046425661F 604-688-8193AZuccolinWGMlawcom
EDITORIAL COMMITTEE
Bob Waterman Chair
Richards Buell Sutton LLPD 6046619241F 604-688-3830BWatermanRBSca
Stephanie Marsh Editor
Fasken Martineau2900 550 Burrard StreetVancouver Canada V6C 0A3D 6046314767F 604-631-3232SMarshFaskencom
Mike BowerbankBurnabyMikeYahoocom
Lorraine BurchynskyBoughton Law CorporationSuite 700 ndash 595 Burrard StreetVancouver Canada V7X 1S8D 6046474162P 6046876789F 604-683-5317LBurchynskyBoughtonca
Paula ButlerBarrister amp Solicitor200 100 Park RoyalWest Vancouver BC V7T 1A2P 6047820373F 604-983-0372PButlerPaulaButlercom
Tim WurtzBaker Newby LLP9259 Main StChilliwack BC V2P 6K2P (1) 6047921376F (1) 604-792-8711TWurtzBakerNewbycom
BCLMA EXECUTIVE amp SECTION LEADERS
DENN
ISCO
X
BC Legal Management Association
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
erwise not be sharedWhen you are in a relaxed state the
neo ndash cortex (the subconscious area ofyour brain) is more likely to become acti-vated This is your resource centre aplace where you can really tap into thethings that make you happy and thusbring tools that can help you remain fo-cused establish new goals and findstrength to change situations that arehonestly not working for you
Now bring the Change Management For-
mula components into this concept whenyour relaxed resourceful and reflectivemindset has had a chance to communi-cate with your logical strivedrive dailyndash performance mindset about a positivechange or goal for you to achieve it islikely that your resistance to changewhich may have spent the better part ofthe past year as the dominating factor ina part of your daily duties or desires is
now less powerful than your dissatisfac-tion + vision for what potential you canreach
It is helpful to know that fear drivesthe resistance to change whereas theendless and ominous power the subcon-scious mind provides when it comes tohuman achievement drives vision It istypical that the subconscious mind over-comes conscious fears getting to the re-sourceful state to do so is the key
Pay attention to this seasonrsquos externalforces the ones that spark your internalforces that motivate you to try somethingnew Your desire for change fuelled byyour subconscious desires has overcomethe fear thatrsquos a regular and natural pre-cursor to change
The ability of the subconscious mindto communicate ndash that is the change fac-tor that is different That is why this issuch a powerful time and why it is so im-portant to concurrently incorporate the
last component of the Change Management
Formula taking the first steps towardschange It will give you a good push tostart you swinging towards your personaland professional goals
Herersquos an exercise Letrsquos take that firststep together in the form of experiencingan amazing example of awareness accep-tance dedication and success through thefollowing story
An artist was standing proudly by hisdisplay sculpture at the Art Gallery open-ing Its colour was the traditional gun-metal it was shiny with glistening hints ofbronze and onyx-like shades throughoutthe massive winding tree-like structure
As the crowds gathered he launchedinto an introduction of the piece confess-ing that he had salvaged a gargantuanpiece of metal and intended to bring itinto its existence as a beautiful art sculp-ture The audience was captivated by the
Goalsetting 101 from Page 1
Goalsetting 101 to Page 13
Smile amp Link
SMILE
One of the new features of our redesigned
website includes the ability to post individual
profile photos next to each personrsquos 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
membershipbclmaorg
Thank you for your co-operation
LINK
BCLMA is LinkedIn
The BCLMA is now a group on the popu-
lar business-social website LinkedIncom
which can extend your existing network of trust-
ed contacts
Add the Group and enhance your profes-
sional profile
Topics 12
artistrsquos voice ndash full of wonder and fantasyndash as he continued with the evolution ofthe sculpture
Several months into the creation heexplained he thought the piece was ru-ined and worthless He had discovered adeep ugly flaw along what was intendedto be the most visible line of the intendedfigure
At first it seemed to be a small obsta-cle but as the weeks and months wentby the artist was unable to camouflagethe flaw In fact it seemed to enlarge be-coming more noticeable No matter whattechnique he used the roughness of theflaw could not be tamed not even by themost powerful commercial ndash grade steelsaw the trusted companion in all of hiscreations
For the next several years the artiststruggled with how to work with the chal-lenge He returned to face the piece from
time to time viewing its physical imagefrom different vantage points in proximi-ty and height in differing lights butcould not find a way to resolve the issue
He had loved the piece for so long de-spite its shortcoming it was a truly spec-tacular figure from all but one angle Hewould touch it dust it work on an areaaway from the flaw but no matter whathe did it eventually became obvious to theartist that this flaw would keep the piecefrom being accepted at commercial gradeby his customers and the art industry
If he were to leave the flaw as is itwould have to be displayed in a privateplace for his external reputation could beharmed if it were publicized that he waswilling to live amongst lsquosecondsrsquo with thesame attitude and charisma that he exud-ed with his lsquoperfectrsquo pieces He was fear-ful of taking a risk that might end his ca-reer
So the artist resolved that the only op-
tion was to abandon the piece to createmore room in his studio He decided toforget it in order to focus his creative re-sources on a more fruitful project
Surprisingly moments after arrivingat this raw emotional state somethingcame over him that refused to allow himto abandon the project The decision hadbeen made in his conscious state andonce his conscious mind released its holdhe found himself for the first time lookingat the real problem ndash which wasnrsquot theflaw
He stopped approaching the problemwith his business senses his logicalthought processes to do with the adviceon use of his time analysis of the productrsquos eventual profitability and hisreputation amongst stakeholders in hisartistry
Instead he approached the problemwith a tool he possessed that was morepowerful than his business brain more
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 13
SAVE THESE DATESMark your calendar with these upcoming
events and important dates
Wednesday Sept 23 2009
BCLMA ndash ALA ndash TLOMA Breakfast
webinar lsquoEvolve to Solversquo Presented by Gary
Mitchell (Vancouver) and Catherine Mitchell
(Toronto) of GEM Communications
Fri-Sat Oct 2-3 2009
ALA Region 5 Conference Fairmont Banff
Springs Banff Alberta Canada
Wednesday Oct 7 2009
BCLMArsquos First-Ever Leadership Series
lsquoLeadership amp Balancersquo Presented by
Joanne Ward BComm BEd MA CCC
Thur-Sat Oct 21-23 2010
BCLMA Educational Conference Vancou-
ver Contact Jane Kennedy at Membership ad-
dress below to join the Conference Planning
Committee
Goalsetting 101 from Page 12
powerful than his electricsaw His emotional brain +his heart became the en-gine and fuel behind the so-lution the solution that wasin sync with who he was acreator a transformational-ist a builder
With the voice of a wiz-ard the artist shared withthe rapt crowd around himwhat the audience hadbeen waiting for what hadbrought the seemingly bro-ken hopeless unattractiveand invaluable piece to thegrandure the people wit-nessed today
The first component ofthe plan that emerged fromhis subconscious state com-
mitment He truly did notwant to abandon the struc-ture despite its lack of com-mercial value He foundhimself committing to thefollowing familiar proce-dures that worked for himin the past (1) Hard physical work (2) Exhausting mental work as he focused
his attention on small progressivesteps
(3) Time a lot of time more time than hehad previously been willing to devoteand
(4) Various tools in addition to theallndashpowerful electric saw The second component patience In-
stead of brutally amputating the trou-bling piece he used the saw ndash but in amuch more gentle patient manner in or-der to shave thin layer after layer off thedamaged surface
The third and perhaps most importantcomponents in bringing about the changewere combined in attitude and respect In-stead of resenting the flaw he created anecological space for his creativity to flow asit did with other pieces that appeared lsquoper-fectrsquo He let go of the stressors ndash makingmoney and personal gain ndash to honour theinternal reasons for this project
The hours he spent polishing the vi-
able edge material flew by Ingenuitybloomed as it dawned on him he coulduse a resource he had never tried beforein his sculptures a chemical elixir to dis-solve the edges where neither the power-ful saw nor the gentle buffer could pro-duce the desired result
Success the flaw smoothed away theintegrity of the piece maintainedThrough all of the alternative processesthe artist achieved his goal bringing thepiece to a level of public acceptance andhigh market-value but that itrsquos mostvaluable to him personally and profes-sionally Thatrsquos when he said the piecewas not for sale
Everyone in the audience smiled anddrew their gaze up to the top of the struc-ture They had in that 10 minutes madethe journey from the raw troubled begin-nings to the place of a polished visionThey had during that short time livedwith the artist through his accomplish-ments in reaching the potential of the man
and the object on this seem-ingly dead-end situation
POINTS TO PONDER ndash FLEX THOSE SUBCONSCIOUSMUSCLES
If you stood with thegroup at the foot of the stat-ue without the introductionfrom the sculptor you wouldnever have known it wasoriginally rejected by its cre-ators ndash nature metal makersand the artist ndash and was onits way to becoming a worth-less object ignored by thepowers that controlled theenvironment where it trulybelonged and shone
Notice through yourjourney with this passionateartist that you are now in aresourceful state of appreci-ation for the importance ofawareness acceptance nur-ture and transformation
Is it possible for us toknow the worth of ourselvesor another without spendingsome time to become gen-
uinely acquainted with the 360 degree in-ternal and external view ndash with what wecan and cannot see Are you willing torisk answering ldquoyesrdquo to this question andnot take a deeper or more resourcefullook at yourself or others
Send me an e-mail let me know whatyou decide
Jan Whyte is a Certified Professional Coach
as well as General Manager and Administrator
of Murphy Battista Barristers in Vancouver
She can be reached at
ltWhyteMurphyBattistacomgt
She has spent 26 years working in litigation
firms in Vancouver In addition to her adminis-
trative role at Murphy Battista she consults with
staff and lawyers on various components of life in
law firms including recruitment worklife bal-
ance team dynamics such as leadership or con-
flict resolution and enhancing individual and
group performance Jan is an active Board Mem-
ber and the President-Elect of the BC Legal
Management Association
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
14Topics
SEBA
STIA
NKA
ULIT
ZKI
ARTI
ST
By Mike Bowerbank
In the olden days ndash you know way backwhen Windows 95 was new and crash-
ing computers ndash your social network con-sisted of friends you hung out with andtalked to in person
Face to face Can you believe thatIn 1995 the first large social
networking site sprang upClassmatescom gave people anew way to relive those awk-ward high-school moments It
also enabled visitors to see if thecaptain of the rugby team still had hairand his own teeth
It was more of a way to capitalize onnostalgia with a specific group of peopleso one could argue about just how muchof a social network it really was
The first of what we associate with so-cial-networking sites today was launchedin 2000 Friendstercom grew quickly andbecame so popular that it spawned sever-al copycat sites including MySpace (2003)and Facebook (2004) both of which havesurged ahead of Friendster in popularity
All of these sites allow you to post aprofile that includes all of your personaland contact information show off pic-tures of your kids and make the entireonline world aware of your happeningsSuch sites quickly became the way to stayin touch with people without ever havingto you know actually see them or talk tothem
The great thing about these sites is theease with which we can keep in touch
with people despite our time-crunched lives Rather thanphone or meet with the peoplein your life you can simplyupdate your page with yourlatest news and pictures so
that everyone can see them at onceYou can also play games take quizzesand interact with people from all over theworld
Some businesses are using social-net-
working sites tobuild their brandimage and tomaintain contactwith like-mindedcompanies andclients
One site in par-ticular LinkedIn isgeared specificallyfor professionalsand entrepreneurs and now boasts morethan 36 million members in 200 countries
GONE PHISHINGThere is a problem prevalent on e-
mail known commonly as lsquophishingrsquo
Phishing occurs when a fraudulent mes-sage urges you to visit an internet link toverify passwords account information orother personal or private details
Your participation provides crookswith access to your bank accounts for in-stance which they promptly empty
Other thieves donrsquot need to phish bye-mail thanks to social networking Mostpeoplesrsquo passwords for their logins orbank accounts are the names of their kidsor pets PIN numbers are often signifi-cant dates such as birthdays and anniver-saries If that type of information is post-ed on your Facebook page it is literally avirtual bonanza for thieves
Social networking sitesalso seem to appeal to sexu-al predators so keep an eyeon your children as theyuse these types of sites
According to Wikipediathere are now over 200 so-
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
15NOT-SO-SOCIAL NETWORKING
When I was a kid we had Windows 95and we talked to people ndash and we liked it
Topics
zsaca I 1-877-681-0706
Elizabeth Borrill I eborrill zsaca
in change
Wersquore yourpartner
Mike Bowerbank
cial-networking sites online and manypeople are on more than one
FACE TO FACEBOOKFacebook has become the most popu-
lar social-networking application Morethan 200-million users take quizzes up-load pictures contact long-lost friendsand post status updates letting peopleknow what theyrsquore doing from day today
Prospective employersalso use Facebook to look upapplicants Remember thatcandidate who was dressedto impress in your office dur-ing the interview andseemed so eloquent Thatrsquosthe same guy whose Face-book profile photo showshim passed out on the street wearing atutu with a status update that reads Party
Naked
Personal-injury lawyers use Facebookto disprove disability claims One case in-volved a person on leavefrom work because theyclaimed they were toosore to use a computerBy logging onto Face-book opposing lawyerswere able to dispute theclaim by demonstratinghow the injured personused computers regularlyto update their Facebook page Policehave used both MySpace and Facebookto check for probation violations andweapons being brandished in public
If you think your profile is only opento other Facebook users think again OnJune 12th Facebook enabled your profilepage to be viewed as a web page Theformat is wwwfacebookcomusernameand you no longer need a Facebook ac-count to view a memberrsquos profile page
TWITTER TWEETS AND TWITSJust when you thought Facebook had
taken things far enough into the ldquotoomuch informationrdquo realm along came anapplication that is the new killer appTwitter is basically a bare-bones text-based social application made with cell
phones and Blackberries in mind Youbroadcast short messages (140 charactersmaximum) known as tweets to yourworld
Twitter has become the third most-popular social-networking applicationbehind Facebook and MySpace respectively
Twitter like all social applications hassome good practical uses For examplein this recent election in Iran Twitter be-
came the organizing tool of choice for thepro-reformist camp using it to makeprotest arrangements and send globalmessages slipping these past censors(The Iranian government promptly re-
sponded by blocking Twitter and Face-book in the country showing the vulner-ability of both mediums)
While the horrific scene unfoldedduring the 2008 Mumbai attacks in In-dia an estimated 80 tweets were sent ev-ery five seconds People on the scene ofthis terrorist bombing and shooting usedtheir tweets to help compile a list of ca-sualties and to broadcast the location ofhospitals that needed blood donations
In the legal world Twitter allowslawyers in court to provide minute-by-minute information to other lawyers backat the firm This enables assisting lawyers toprepare appropriate materials as needed
With those notable exceptions ac-knowledged one canrsquot help but comparethe pragmatic uses to the vast majority of
Twitter users who consider standing inline at Tim Hortonrsquos post-worthy or thatthere is a terrible smell coming from theirfridge Twitter is used mostly as a narcis-sistic tool so that the world can know ofyour daily happenings ndash sort of a way tobe the star of your own reality show
LIKE OMGSocial networking can be fun and
useful if used sparingly and casually In-stead of getting out andmeeting each other peopleare using social networkingsites to look for love com-panionship and even extra-marital affairs And theysay romance is dead
If you joined Facebookjust to see what your kids
are up to be forewarned that you mightactually find out and wish you hadnrsquot
Donrsquot spy on your kids talk to themYou know with actual spoken words likethey used to do way back in the 20th
CenturyWhen your com-
puter screen becomesyour main window tothe world and literallybecomes your sociallife you might be ad-dicted Such an addic-tion is as serious as-andno easier to overcome
than-other addictions like gambling As the world becomes increasingly
connected it seems that people in societybecome increasingly isolated socially Itrsquosthe paradox of modern communicationand contributes to a large part of the rea-son why Generation Yndash the Millennials ndashusually excels at technology but generallylacks in social skills
If this trend continues and more peo-ple live online good social skills may endup as extinct as the 525rdquo floppy driveand the game Pong
I know Irsquom writing some things towhich online addicts may object but Idonrsquot expect to hear from them aboutit
They only read things that are 140characters or less OMG LOL
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 16
PHILI
PBA
RKER
ART
IST
When the Vancouver OrganizingCommittee for the 2010 Olympic
and Paralympic Winter Games (VANOC)sets up its on-the-ground operations inearnest this fall and winter itrsquoll be mak-ing room in a downtown Vancouver ho-tel in early February for a special Gamesdivision of the Court of Arbitration forSport (CAS) supervised by a city lawyerwho is well-known in the Olympicsmovement
The International Council of Arbitra-tion for Sport (ICAS) which is based inLausanne Switzerland is the fund-rais-ing and administrative body that tookover from the International OlympicCommittee as the Courtrsquos supervisory organization
The IOC launched the court in 1984to settle disputes amongst its sports feder-ations but within its first decade theIOC became increasingly criticized forthe strength of its influence over thecourt The ICAS was formed in the mid-1990s to create independence and an ad-ministrative structure for the courtrsquos in-creasing activities
Three permanent courts exist ndash Lau-sanne Switzerland (where the IOC isalso headquartered) New York and Syd-ney Australia But the ICAS also estab-lishes ad hoc courts such as the one forthe 2010 Games as needed The CASuses about 300 arbitrators from 87 coun-tries and handles about 200 cases a year
The CAS for the Olympic portion ofthe 2010 Winter Games will include ninelawyers acting as arbitrators to operatein the Renaissance Vancouver HotelHarbourside at 1133 West HastingsStreet from February 2 10 days beforethe start of the Games to February 28the day of the Olympic Closing Ceremo-ny
The Renaissance is one of three bigdowntown Vancouver hotels ndash includingthe Bayshore and the Pinnacle a corpo-rate sister of the Renaissance that is locat-
ed right across West Hastings street aswell as the Vancouver Club ndash thatVANOC is taking over completely duringthe Olympic portion of the Games sothey can be used by the IOC and its re-lated organizations
On March 26 the ICAS formally ap-pointed Tricia Smith ndash Vancouverlawyer and partner of Barnes Craig ampAssociates ndash as its liaison officer withVANOC In this role Smith will carry re-sponsibility for the relationship and com-munication between ICAS CAS andVANOC between now and when theOlympic portion of the Games wraps upin early March
Smithrsquos legal experience communityinvolvement and sports backgroundmake her an excellent candidate for thisrole
Although her law practice focuses onmanaging claims for liability insurers andproviding risk-management consultingshe is also a sports arbitrator with anabiding interest in the Olympics
Smith has been a member of the ICASsince 2001 She was unsuccessful in aclosely fought contest with Marcel AubutQC OC a Quebec City-based lawyerwith Heenan Blaikie in a bid this pastspring to replace the Canadian OlympicCommitteersquos (COC) current presidentMichael Chambers when his term endsafter the 2010 Games she will remain onthe COCrsquos Executive Committee as theorganizationrsquos vice president workingfirst with Chambers later with Aubut
Smith is also a four-time Olympianand medallist in rowing the founder andpast president of Olympians BC and vicepresident of its parent organizationOlympians Canada
Smith remains a member of the Exec-utive Committee of the InternationalFederation of Rowing Associationswhich is also headquartered in Lausanneand chairs its Womenrsquos Rowing Cross-Commission
She is also a former member of theBoard of 2010 Legacies Now which wasoriginally formed by the BC govern-ment to be the armrsquos-length implementerof several major social goals of the gov-ernment connected with the Games
Although 2010 Legacies Now contin-ues to work on those goals with the helpof various companies connected to the2010 Winter Games and others and al-though it receives the majority of its fund-ing from Victoria it is now a fully inde-pendent society
The CAS usually involves panels ofthree arbitrators each and they deal witha wide range of issues involving the intri-cacies of relationships between the nu-merous international sports federationsthat the IOC supports through fundsgenerated by sponsorships and Olympicgames and it often deals as well with ap-peals from decisions by the federationsthat affect their athletes
Its work in the controversial field ofanti-doping gives the CAS its highest visi-bility For example just this past June itworked out the appropriate suspension ofGerman ice-hockey player FlorianBusch who made the mistake last De-cember of refusing to provide a urinesample when a doping-control officerknocked on his apartment door a sur-prise test is a known and standard part ofthe International Ice Hockey Federa-tionrsquos procedures for out-of-competitiontesting
Though he took the test a couple ofhours later and it was negative forbanned substances it was too late Therewas a plethora of subsequent legal argu-
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 17BAIRNES CRAIGrsquoS TRICIA SMITH TO SUPERVISE
A sophisticated new court will be set up indowntown Vancouver for the 2010 Games
ments and appeals from various bodiesabout which one should sanction himand for how long
The CAS sorted through the compet-ing claims and ruled that he would re-ceive a two-year suspension effectivelypreventing him from competing in the2010 Games
Perhaps one of its most famous caseswas a decision to uphold a life-time banon taking part in Olympic winter gamesimposed by the IOC against three of fourmembers of the Austrian Nordic skiingteam attending the Torino Italy WinterOlympics in 2006 for allegedly sharingldquocomplicity to violate anti-doping rulesrdquo
Eventually the CAS court commuteda similar ban to the fourth member of theteam to a four-year suspension ndash it endsjust after the 2010 Games ndash after review-ing his lesser role in the affair
When the Olympic Games are under-way the Athlete Villages in Vancouverand Whistler and any separate apart-ments used by Olympic athletes theirteam coaches and related officials have akind of diplomatic separation from thecriminal laws of the host country when itinvolves things such as drugs where con-victions in some countries carry thedeath penalty The IOC as part of itsthicket of legal agreements with hostcountries obtains the authority to lookafter anti-doping cases on its own termsduring the Games The deal usually in-volves the local police going in with IOCinvestigators each with their own juris-diction
The cases can be deadly serious Theanti-doping case that involved the CASstemmed from a joint IOC-Italian policeraid on the rooms of the Austrianbiathlon and cross-country squads onFebruary 18 2006 in the teamrsquos privatequarters in the Italian Alps while theTorino Games were underway
The IOC later reported that 80 medi-cal devices including advanced medicalequipment were found in the apartmentalong with used syringes blood bagsblood-transfusion equipment and evenbloody handkerchiefs
In 2010rsquos case once the Games arefinished the CAS court goes too
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 18FIRM LEADERSHIP THROUGH UNCERTAIN TIMES
Leading your firm through the difficultdilemma of terminations or layoffsBy Tim Wurtz Administrator Baker Newby LLP
Our profession and the world at largebuzzes with the employment impli-
cations of our general economic slow-down Whether you face small adjust-ments to your work force or a larger scalelayoff to control that salary expense lineitem leadership before during and afterany termination plays a central role inhow your firm will weather any fallout asa result of constraints to your work force
LawShuckscom reports that 125 ma-jor law firms around the globe have an-nounced or conducted layoffs The com-bined total is 10723 people 4015lawyers and 6708staff Most law firmson that list thank-fully do not haveany significant rec-ognizable namesfrom our BCLMAnetwork however all local firms whospoke with me are cautiously managingtheir salary expenses
While most research and surveys thatexamine the long-term effects of downsiz-ing indicate that companies that cut staffend up disappointed with the resultsmany of us will face formulating staffingstrategies to control costs Layoffs mayserve a short-term need but create largerlong-term issues Nonetheless we mustmanage and lead as directed by our Part-nership or Managing Committees
I am sure my fellow Administratorsand HR Managers will agree that an im-pending termination on any scale canconsume the workday We complete thenecessary forms derive suitable severancepackages develop plans to reassign workor alternatively reinvigorate the recruit-ment process to find a suitable replace-ment While we focus on the person orpersons being terminated we might over-look and forget or ultimately deny an im-portant aspect of the overall process ndash the
employees we keepThe Law Practice
Today section in theJanuary edition ofthe ABA Law Prac-tice Management in-cluded an article byJaffrey C Connerconcisely summariz-ing the point that fu-ture success of a firm depends largely onthe leadership of management after anylayoffs have been made
The workplace mood becomessomber People ask themselves ldquoAm Inextrdquo There will be a significant amount
of distrust of man-agement and anxi-ety over subsequentjob losses Thesefeelings must betempered by astrong unified mes-
sage from Management It is reasonableto admit the future is uncertain and thatevery effort will be made to ensure astrong and viable law firm well into thefuture Also tell the staff that this uncer-tainty will undoubtedly result in difficultdecisions after every possible alternativehas been considered
Terminating employees is a decisionthat is never made lightly To be an effec-tive leader you need to reinforce that alloptions were considered prior to layoffsUnder conditions of economic uncertain-ty the contribution of leadership is notsimply to inspire or build confidence butrather to solve problems and make ap-propriate strategic decisions
I learned an important lesson at lastyearrsquos BCLMA Conference Peter deJager a specialist in Change Manage-ment said in the closing session ldquoPeopleactually are not resistant to change theyare resistant to the way change is broughtaboutrdquo
Some employees consider termina-
Tim Wurtz
ALL LOCAL FIRMS ARECAUTIOUSLY MANAGINGTHEIR SALARY EXPENSES
tions or layoffs as drastic and developstrong feelings against managementLeaders must remain aware of the per-ceptions of their Partnership BoardManagement ndash and staff All three groupsinfluence a leaderrsquos ability to implementchange specifically to bring about signifi-cant staffing reassignments
Much literature exists about the dis-tinction between leaders and managerswith leaders having vision and creativityand managers focusing on improving ef-ficiency Leaders should exercise dili-gence toward gaining an understandingof their capacity within the organizationto properly apply leadership theories ifappropriate
During uncertain times we need tothink about adaptive and situational lead-ership-the right person with the rightstyle for the right situation Mining theInternet and academic journals for de-scriptions of leadership styles yields hun-dreds of words typically used to describe
a vast variety of leadership traits andtechniques
Two styles reside on opposite ends ofthe spectrum Visionary Leaders and Au-thoritative Leaders A visionary leaderpossesses a charismatic personality em-braces a democratic approach to the de-cision-making process and tries to en-gage staff in ongoing strategic initiatives
An authoritative leader prefers au-tonomous control over decision-makingmotivates employees using various formsof intimidation shows reluctance at relin-quishing control and fails to actively seekfeedback throughout management pro-cesses During difficult and emotionalstaff terminations and re-assignments theenormous grey area between these two
styles is required to carefully steer yourship through difficult waters
Use components of visionary leader-ship to bring employees into the world ofdecision-making Solicit ideas Listen towhat staff say when you introduce cost-saving measures For employees who areterminated or laid-off consider outplace-ment services a mutually agreeable refer-ence letter and perhaps access to thefirmrsquos resources or referral networks sothey can actively seek other employmentFor employees who are retained and pos-sibly required to assume additional re-sponsibilities for the same or less paythink about new benefits you can offerthem such as additional training andsupport
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 19
TERMINATIONS OR LAYOFFS ARE ABOUT LOSS BUT THEY ALSO CREATE OPPORTUNITYFOR US AS LEADERS AND MANAGERS
JAM
ESTH
EW
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Use aspects authoritative leadership toreinforce the notion that difficult deci-sions are inevitable that assuming issuesassociated with terminations or downsiz-ing will solve themselves over time is irre-sponsible It is important not be per-ceived as laissez-faire in yourmanagement capacity and to clearly es-tablish that while difficult the decisionsmust be respected
We are expected to possess the skills toproperly and compassionately deliver badnews to staff As managers it is our dutyto be knowledgeable of how people willreact and deal with the ramifications ofour actions Often the problems in work-force reductions arise when people donrsquotsee logic in why they were laid off andothers kept their jobs People draw theirown conclusions
I know first-hand that remaining stafftypically formulate their own complextapestry of reasons to explain why some-one has been let go These conclusionscanrsquot include aspects of the decision-mak-ing process to which they are not privy
It is counter-productive however toargue with this mentality as they are typ-ically emotionally driven conclusions Ra-tionalization may serve to further fuel thefire of distrust of management
However we cannot ignore it entirelyeither We will need to address the ru-mours and speculation either as a groupor one-on-one
Terminations or lay-offs are aboutloss but they also create opportunityfor us as leaders and managers Ourwords and actions can inspire loyaltyand enthusiasm Vision and authoritymake great bedfellows in any leaderrsquosarsenal of tools but sustainable law-firm profitability and excellence takes aconcerted effort on any managerrsquos partto become and remain the leader that isthe glue in the firmrsquos organizationalculture
Leaders must be honest and trans-parent about current conditions whilstremaining positive and reassuring En-gage Consulting Solutions in its publi-cation Engaging Employees in Uncertain
Times suggests that you must counteractpervasive negativity by providing clear
consistent messaging about the firmrsquosreality regardless of the reality In addi-tion focusing on programs that pro-mote recognition employee wellnesslearning and development are also seenas crucial to reducing the uncertaintywhile increasing retention and engage-ment
The July-August 2009 issue of The
Harvard Business Review lists new requiredleadership skills particularly vital in ourclimate of economic uncertainty 1) Foster Adaptation ndash For instance de-
velop ldquonext practicesrdquo in addition tocontinuing with current best practices
2) Embrace disequilibrium ndash While thisseems to depart from traditional lead-ership efforts to create a harmoniousequilibrium it is suggested you keepstaff in a state that creates enough dis-comfort to induce change but not somuch that they fight flee or freeze
3) Generate leadership ndash Give employ-ees at all levels of the organizationthe opportunity to lead departmentsor firm initiatives that will help itadapt to changing timesA suggestion to Administrators and
HR managers struggling with difficult sit-uations Ensure you take care of yourselfthroughout these dynamic times Cam-bridge Leadership suggests that you 1) Give yourself permission to be both
optimistic and realistic2) Find sanctuaries where you can reflect
on events and gain perspective 3) Reach out to trusted confidants with
whom you can speak openly 4) Bring more of your emotional self to
the workplace noting that appropriatedisplays of emotion can effect change
5) Do not lose yourself in your role nordefine yourself through a single en-deavourThrough these uneasy times we must
skillfully balance the profitability of thepartnership with a healthy organizationalclimate for the firm
They are not mutually exclusive dur-ing economic uncertainty but do requirecareful planning and actions by law firmmanagers to advance our stature withinthe decision-making process to that of alaw-firm leader
dentials except for affidavits and orders Efficient ndash Law firms will like the ease
and convenience as well as the effi-ciencies gained E-Filing allows you tofile retrieve and electronically searchfiles from your office or home It sim-plifies document preparation for of-fices by eliminating the need to printand prepare multiple copies of docu-ments for filing After submitting your documents you
can check on the status at any time sim-ply by logging in at CSO If requestedCSO will automatically send an e-mailnotification as soon as the registry hasprocessed the document
Once the registry accepts the e-Fileddocument it is electronically stampedYou can then download the documentfor your files Enviromental ndash E-Filing can offer a
greener solution for offices by eliminat-ing the need to print and prepare mul-tiple copies of documents for filing As a result your office can use less
paper E-Filed documents do not need tobe physically transported thereby reduc-
BC Court E-Filing from Page 10
Topics 20
ResourcesE-Filing is available for most types of docu-
ments For e-Filing rules refer to SupremeCourt Rule 69 which is athellip
lthttptinyurlcomnasoj9gthellipand Small Claims Rule 22 located
at lthttptinyurlcoml7ch8ggtThere are quite a few Rules on each of these
web pages so once you arrive use your brows-
errsquos Find command to quickly search the page
for the text Rule 69 in the one case or Rule22 in the other
You can register for a CSO account online
through the CSO website atltwwwcourtservicesonlinegovbccagtor if you are a BC OnLine user through BC
OnLine at
lthttpswwwbconlinegovbccagtPlease visit Court Services Online at
wwwcourtservicesonlinegovbcca Questions can be e-mailed to
CourtsCSOgovbcca
E-Filing to Page 21
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
By Michael J Anderson Principal Innovative Consulting
Sometimes whenwe have our
heads down justploughing awaythrough the fires onour desk we losesight of the funda-mental things thatwe should do togrow our practices
Wersquore not talkingabout huge expensive or complex mar-keting strategies here We are just remind-ing you of the basics Several of you prob-ably already do many of these thingsseveral of you probably plan to do manyof these things Our hope is that this listwill remind you of what it takes to expandyour practice and spur you on to turnyour best intentions into best practicesWe also hope that you will gain some newideas and insights
The following in no particular order
is provided as a checklist for what youmight want to do to become more profitable
1Get out of the office Every great RainMaker will tell you that you must meet
with your current and potential clients of-ten either on their turf or on neutralground
2The old 8020 rule still applies Yes 80of your new work will probably come
from 20 of your current clients Do youknow which of your clients provide youwith the most work If you do how areyou building on that relationship We seetoo many firms and lawyers spendinggobs of time and money trying to attractan elusive new big client Your best tar-get for success is the client you alreadyknow and who already knows you
3Just say ldquoNordquo Being fearful of whereour next file will come from makes us
want to accept every possible bit of workthat might come in the door whether thework is profitable whether we have goodprospects for getting paid whether it is anarea of law in which we are comfortableor whether our time could be better spentattempting to land the work that we reallywant at rates that will help us to succeedIt seems to be the credo for many lawyersthat ldquoThey have never met a dollar theydidnrsquot likerdquo Instead ldquoFocus on the goodstuffrdquo as professional-business consultantDavid Maister would say
4Budget your time and money Typically alawyer works about 2500 hours each
year roughly split between 1400 billablehours and 1100 non-billable hours Thenon-billable time is broken into segmentsfor management associate training per-sonal education research and marketingWe suggest that every lawyer allows forabout 600 hours per year for marketingtheir practice with a marketing budget ofbetween 2 and 5 of their gross rev-enues The marketing should include ad-vertising website creation and mainte-nance marketing-skills training andclient promotion-among other things
5Get involved We have a moral duty togive back to our communities
Choose a charity community group po-litical organization or business associa-tion that you enjoy and is important toyou Many of these types of groups are
looking to add a lawyer or two to theirboards In addition to contributing to agreater common good you will also net-work with other successful business peo-ple
6Market internally Ensure that everyonein your firm knows all of the facets of
the work you are capable of handling theareas in which you are looking to expandand your availability to handle the workAsk your partners about possible cross-selling opportunities Since cross-selling isa two-way street look at your own clientlist for possible situations to offer yourpartners For younger lawyers internal
marketing is possibly the only marketingthat they can do as their peer group hasnot yet risen to positions or situationswhere they can direct legal files to theirfriends Every young lawyer should askthe more senior members of their firm forwork on a weekly basis A lot of work willtransfer down to them if they prove theycan handle it
ing fuel consumption and its environ-mental impact Inexpensive ndash An office can reap sav-
ings from e-Filing through reducedprinting costs as well as reducedcosts from delivering documents tothe registry particularly when fil-ing beyond the local registry There is a $7 e-Filing transaction
fee per filing package regardless ofwhere the document is filed A filingpackage is any number of documentsbeing e-Filed to the same court file atthe same time The transaction feeand any applicable statutory filing feesare paid online through a BC OnLine
deposit account or with a credit card With all of these positive reasons
to e-File why not give it a try Go on-line today to view a demonstration ofhow to e-File to an existing court fileor how to use e-File to start a newcourt file
15 ideas for improving your practice
BC Court E-Filing from Page 20
21Topics
Michael Anderson
HOW DO FIRMS USE ON-LINEVIDEO TO VIEW AN
EFFECTIVE USE OF THISMEDIUM VISIT TORYrsquoS
WWWTORYSCOMVIDEOCENTERPAGESDEFAULTASPX
SINCE CROSS-SELLING IS ATWO-WAY STREET LOOK ATYOUR OWN CLIENT LIST FOR
POSSIBLE SITUATIONS TOOFFER YOUR PARTNERS
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
7Go to school Many lawyers can benefitgreatly from marketing training or
personal coaching In the old days a se-nior partner would grab an associate bythe scruff of the neck drag them toclient lunches and warn them to just sitthere keep their mouth shut and learnAnd they did learn Similarly we needto develop ways to share the marketingskills that already reside within ourfirms especially for our youngermembers
8Create a ldquoDream Listrdquo In aperfect world who
would you have as clientsand what type of workwould they send you Onceyou have the list startstrategizing on how youcan get an introductionand what you would saywhen you finally meetthem Why should theyhire you What will set youapart from your competi-tion After all many clientsfeel that most lawyers arethe same ndash they point tolaw firm websites andbrochures where you willsee that most of them at-tempt to sell ldquoBetter Fasteramp Cheaperrdquo Differentiateyourself Innovate
9Research Do you trulyunderstand your clientsrsquo
core needs What issueskeep them awake at nightand what can you do tohelp them Use the Inter-net to gather informationabout your current and po-tential clients Use that datato customize your proposalto them This demonstratesan understanding of theirbusiness and a commitment tohelp them enhance it
10CRM Institute a Customer Relation-ship Management program that will
track who when how and what the nextsteps are in your marketing strategy A sim-ple and inexpensive option like MicrosoftOutlook or a more legal-specific option like
Amicus Attorney will get your started
11Write write and write some more Createa perception of expertise by writing
topical articles and getting them pub-lished in relevant print or online maga-zines newsletters and blogs
12Leverage your writing Create a mailingor even better an e-mailing list of
clients and potential clients and send
them copies of the articles that you writeThe goal is to have them say ldquoThis onesure seems to know their stuffrdquo Thenhave the article placed in a strategic loca-tion on your website so that visitors will
also see that you have expertise Take itone step further and create a seminarpresentation or speech using the article asthe basis Undertake each at the personalgroup or firm level ndash or all of the above
13Leverage your people How many timeshave we heard ldquoPush the work
down and free your time to do the moreimportant stuffrdquo Why do many of us still
resist that strategy Whether you are ina large firm with associates or a
sole practitioner with parale-gals use junior practitionersto a greater degree Usingleverage will make youmore profitable and freeyour time for more impor-tant things
14Web support Amongother things websites
are the brochures of the newmillennium Is your websitesupporting your marketingefforts or is it just a neces-sary expense The most ef-fective sites have a lot incommon they are builtfrom a clientrsquos point of viewthey are informative and ed-ucational they display yourexpertise they have person-ality they are well ldquotaggedrdquoto be picked up in Googletype searches and usevideos effectively
15 Discipline Sometimesour best intentions lack thediscipline to carry out whatwe know we need to doDevelop a strategy with atimetable to accomplish theplan Start with this check-list and add to it as youprogress along the road to
growing your practice Wehope that this will help you to
focus on the issues that are mostimportant for you and your firm go-
ing forward
Michael J Anderson is a principal in Inno-
vative Consulting Hersquos based in Vancouver and
can be reached at 6042724222 or at
andersoninnovativeconsultingca
Topics 22
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
SUMMER 2009
Editor Stephanie MarshManaging Editor Designer Peter Morgan
This issue is also available in PDF format atlthttpwwwbclmaorggt
Topics Archive amp Indexlthttpwwwbclmaorggt
Editorial copy 2009 BCLMA CANADA
Published by MORGANNewsletters 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 BC It is the BCLMA lsquos goal toprovide educational and networking opportunitiesto 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
NEWSLETTER SERVICES
TOPICS is a public newsletter We will be pleased toadd you to our mailing list for this newsletter Pleasecontact the Editorial Committee Chair or any mem-ber of the Editorial Committee listed on the left forcomments on any of these articles or to offer sugges-tions for articles in future issues or for adjustments tothe circulation list Comments are always welcome
REPRODUCTION RIGHTS
Topics is copyrighted however we encourage you tocirculate or copy this material unmodified for yourown internal or private use You may freely quoteany article or portion of article but it must be ac-companied by attribution Quoting any article orportion of article without attribution is prohibitedThe newsletter its contents or its material may notbe sold intact or modified nor included in anypackage or product offered for sale
EXECUTIVE Stephanie Marsh President
Fasken Martineau2900 550 Burrard StreetVancouver Canada V6C 0A3D 6046314767F 604-631-3232SMarshFaskencom
Jan Whyte Vice-President
Murphy Battista2020 650 West Georgia StreetVancouver BC V6B 4N7D 6046333811F 604-683-5084WhyteMurphyBattistacom
Gary Carter Director
Paine Edmonds LLP1100 510 Burrard StreetVancouver BC V6C 3A8P 6046831211F 604-681-5084GCarterPaine-Edmondscom
Cindy Hildebrandt Director
Richards Buell Sutton LLP700 ndash 401 West Georgia StreetVancouver BC V6B 5A1P 6046823664D 6046619267F 604-688-3830CHildebrandtrbsca
Evenna Liu Director
Oyen Wiggs Green amp Mutala LLP480 ndash 601 Cordova Street WVancouver BC V6B 1G1D 604-676-9074F 604-681-4081ELiuPatentablecom
Barb Marshall Director
Fasken Martineau2900 ndash 550 Burrard StreetVancouver BC V6C 0A3D 6046314991F 604-631-3232BMarshallFaskencom
Angela Zarowny Treasurer
Direct 6043510124azanddzShawca
Jane Kennedy Administrator amp Membership Services
BCLMA
PO Box 75562RPO Edgemont VillageNorth Vancouver V7R 4X1P 6049881221F 604-988-1221MembershipBCLMAorg
SUBSECTION LEADERS
Facilities amp Service ManagementJanice McAuley Co-Chair
Lawson Lundell LLP1600 ndash 925 West Georgia StreetVancouver Canada V6C 3L2D 604-631-9254F 604-669-1620JMcAuleyLawsonLundellcom
Lorraine Burchynsky Co-Chair
Boughton Law CorporationSuite 700 ndash 595 Burrard StreetVancouver Canada V7X 1S8D 6046474162P 6046876789F 604-683-5317LBurchynskyBoughtonca
FinanceSheila Tham Co-Chair
Watson Goepel Maledy LLP1700 ndash 1075 West Georgia StVancouver BC V6E 3C9P 6046881301F 604-688-8193SThamWGMlawcom
Linda Lucas Co-chairDavis LLP2800 Park Place 666 Burrard StVancouver BC V6C 2Z7D 6046436305F 604-687-1612E LLucasDavisca
Human ResourcesTina Giallonardo Chair
Miller Thomson LLP1800 840 Howe StVancouver BC V6Z 2M1P 6046872242F 604-643-1200TGiallonardoMillerThomsonc
Knowledge ManagementGreg Christensen Chair
Fasken Martineau2900ndash550 Burrard StreetVancouver Canada V6C 0A3D 6046314993F 604-631-3232GChristensenFaskencom
MarketingRecruiting
Small FirmsSharon Kwong Wah Chair
Young Anderson1616 ndash 808 Nelson StreetVancouver Canada V6Z 2H2 D 604-689-7400F 604-689-3444KWongWahLYAbcca
TrainersRuth-Ann Spencer Co-Chair
Bull Housser amp Tupper LLP 3000 1055 West Georgia Street Vancouver BC V6E 3R3 D 6046414921 F 604-646-2638 RASBHTcom
Lisa Dick Co-Chair
Fasken Martineau 2900ndash550 Burrard Street Vancouver V6C 0A3 P 6046313131 F 604-631-3232 LDickFaskencom
Technology Aaron Fahlman Co-Chair
Fasken Martineau2900 550 Burrard StreetVancouver Canada V6C 0A3D 6046314960F 604-631-3232AFahlmanFaskencom
Aaron Zuccolin Co-Chair
Watson Goepel Maledy LLP1700 ndash 1075 West Georgia StreetVancouver BC V6E 3C9 D 6046425661F 604-688-8193AZuccolinWGMlawcom
EDITORIAL COMMITTEE
Bob Waterman Chair
Richards Buell Sutton LLPD 6046619241F 604-688-3830BWatermanRBSca
Stephanie Marsh Editor
Fasken Martineau2900 550 Burrard StreetVancouver Canada V6C 0A3D 6046314767F 604-631-3232SMarshFaskencom
Mike BowerbankBurnabyMikeYahoocom
Lorraine BurchynskyBoughton Law CorporationSuite 700 ndash 595 Burrard StreetVancouver Canada V7X 1S8D 6046474162P 6046876789F 604-683-5317LBurchynskyBoughtonca
Paula ButlerBarrister amp Solicitor200 100 Park RoyalWest Vancouver BC V7T 1A2P 6047820373F 604-983-0372PButlerPaulaButlercom
Tim WurtzBaker Newby LLP9259 Main StChilliwack BC V2P 6K2P (1) 6047921376F (1) 604-792-8711TWurtzBakerNewbycom
BCLMA EXECUTIVE amp SECTION LEADERS
DENN
ISCO
X
BC Legal Management Association
artistrsquos voice ndash full of wonder and fantasyndash as he continued with the evolution ofthe sculpture
Several months into the creation heexplained he thought the piece was ru-ined and worthless He had discovered adeep ugly flaw along what was intendedto be the most visible line of the intendedfigure
At first it seemed to be a small obsta-cle but as the weeks and months wentby the artist was unable to camouflagethe flaw In fact it seemed to enlarge be-coming more noticeable No matter whattechnique he used the roughness of theflaw could not be tamed not even by themost powerful commercial ndash grade steelsaw the trusted companion in all of hiscreations
For the next several years the artiststruggled with how to work with the chal-lenge He returned to face the piece from
time to time viewing its physical imagefrom different vantage points in proximi-ty and height in differing lights butcould not find a way to resolve the issue
He had loved the piece for so long de-spite its shortcoming it was a truly spec-tacular figure from all but one angle Hewould touch it dust it work on an areaaway from the flaw but no matter whathe did it eventually became obvious to theartist that this flaw would keep the piecefrom being accepted at commercial gradeby his customers and the art industry
If he were to leave the flaw as is itwould have to be displayed in a privateplace for his external reputation could beharmed if it were publicized that he waswilling to live amongst lsquosecondsrsquo with thesame attitude and charisma that he exud-ed with his lsquoperfectrsquo pieces He was fear-ful of taking a risk that might end his ca-reer
So the artist resolved that the only op-
tion was to abandon the piece to createmore room in his studio He decided toforget it in order to focus his creative re-sources on a more fruitful project
Surprisingly moments after arrivingat this raw emotional state somethingcame over him that refused to allow himto abandon the project The decision hadbeen made in his conscious state andonce his conscious mind released its holdhe found himself for the first time lookingat the real problem ndash which wasnrsquot theflaw
He stopped approaching the problemwith his business senses his logicalthought processes to do with the adviceon use of his time analysis of the productrsquos eventual profitability and hisreputation amongst stakeholders in hisartistry
Instead he approached the problemwith a tool he possessed that was morepowerful than his business brain more
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 13
SAVE THESE DATESMark your calendar with these upcoming
events and important dates
Wednesday Sept 23 2009
BCLMA ndash ALA ndash TLOMA Breakfast
webinar lsquoEvolve to Solversquo Presented by Gary
Mitchell (Vancouver) and Catherine Mitchell
(Toronto) of GEM Communications
Fri-Sat Oct 2-3 2009
ALA Region 5 Conference Fairmont Banff
Springs Banff Alberta Canada
Wednesday Oct 7 2009
BCLMArsquos First-Ever Leadership Series
lsquoLeadership amp Balancersquo Presented by
Joanne Ward BComm BEd MA CCC
Thur-Sat Oct 21-23 2010
BCLMA Educational Conference Vancou-
ver Contact Jane Kennedy at Membership ad-
dress below to join the Conference Planning
Committee
Goalsetting 101 from Page 12
powerful than his electricsaw His emotional brain +his heart became the en-gine and fuel behind the so-lution the solution that wasin sync with who he was acreator a transformational-ist a builder
With the voice of a wiz-ard the artist shared withthe rapt crowd around himwhat the audience hadbeen waiting for what hadbrought the seemingly bro-ken hopeless unattractiveand invaluable piece to thegrandure the people wit-nessed today
The first component ofthe plan that emerged fromhis subconscious state com-
mitment He truly did notwant to abandon the struc-ture despite its lack of com-mercial value He foundhimself committing to thefollowing familiar proce-dures that worked for himin the past (1) Hard physical work (2) Exhausting mental work as he focused
his attention on small progressivesteps
(3) Time a lot of time more time than hehad previously been willing to devoteand
(4) Various tools in addition to theallndashpowerful electric saw The second component patience In-
stead of brutally amputating the trou-bling piece he used the saw ndash but in amuch more gentle patient manner in or-der to shave thin layer after layer off thedamaged surface
The third and perhaps most importantcomponents in bringing about the changewere combined in attitude and respect In-stead of resenting the flaw he created anecological space for his creativity to flow asit did with other pieces that appeared lsquoper-fectrsquo He let go of the stressors ndash makingmoney and personal gain ndash to honour theinternal reasons for this project
The hours he spent polishing the vi-
able edge material flew by Ingenuitybloomed as it dawned on him he coulduse a resource he had never tried beforein his sculptures a chemical elixir to dis-solve the edges where neither the power-ful saw nor the gentle buffer could pro-duce the desired result
Success the flaw smoothed away theintegrity of the piece maintainedThrough all of the alternative processesthe artist achieved his goal bringing thepiece to a level of public acceptance andhigh market-value but that itrsquos mostvaluable to him personally and profes-sionally Thatrsquos when he said the piecewas not for sale
Everyone in the audience smiled anddrew their gaze up to the top of the struc-ture They had in that 10 minutes madethe journey from the raw troubled begin-nings to the place of a polished visionThey had during that short time livedwith the artist through his accomplish-ments in reaching the potential of the man
and the object on this seem-ingly dead-end situation
POINTS TO PONDER ndash FLEX THOSE SUBCONSCIOUSMUSCLES
If you stood with thegroup at the foot of the stat-ue without the introductionfrom the sculptor you wouldnever have known it wasoriginally rejected by its cre-ators ndash nature metal makersand the artist ndash and was onits way to becoming a worth-less object ignored by thepowers that controlled theenvironment where it trulybelonged and shone
Notice through yourjourney with this passionateartist that you are now in aresourceful state of appreci-ation for the importance ofawareness acceptance nur-ture and transformation
Is it possible for us toknow the worth of ourselvesor another without spendingsome time to become gen-
uinely acquainted with the 360 degree in-ternal and external view ndash with what wecan and cannot see Are you willing torisk answering ldquoyesrdquo to this question andnot take a deeper or more resourcefullook at yourself or others
Send me an e-mail let me know whatyou decide
Jan Whyte is a Certified Professional Coach
as well as General Manager and Administrator
of Murphy Battista Barristers in Vancouver
She can be reached at
ltWhyteMurphyBattistacomgt
She has spent 26 years working in litigation
firms in Vancouver In addition to her adminis-
trative role at Murphy Battista she consults with
staff and lawyers on various components of life in
law firms including recruitment worklife bal-
ance team dynamics such as leadership or con-
flict resolution and enhancing individual and
group performance Jan is an active Board Mem-
ber and the President-Elect of the BC Legal
Management Association
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
14Topics
SEBA
STIA
NKA
ULIT
ZKI
ARTI
ST
By Mike Bowerbank
In the olden days ndash you know way backwhen Windows 95 was new and crash-
ing computers ndash your social network con-sisted of friends you hung out with andtalked to in person
Face to face Can you believe thatIn 1995 the first large social
networking site sprang upClassmatescom gave people anew way to relive those awk-ward high-school moments It
also enabled visitors to see if thecaptain of the rugby team still had hairand his own teeth
It was more of a way to capitalize onnostalgia with a specific group of peopleso one could argue about just how muchof a social network it really was
The first of what we associate with so-cial-networking sites today was launchedin 2000 Friendstercom grew quickly andbecame so popular that it spawned sever-al copycat sites including MySpace (2003)and Facebook (2004) both of which havesurged ahead of Friendster in popularity
All of these sites allow you to post aprofile that includes all of your personaland contact information show off pic-tures of your kids and make the entireonline world aware of your happeningsSuch sites quickly became the way to stayin touch with people without ever havingto you know actually see them or talk tothem
The great thing about these sites is theease with which we can keep in touch
with people despite our time-crunched lives Rather thanphone or meet with the peoplein your life you can simplyupdate your page with yourlatest news and pictures so
that everyone can see them at onceYou can also play games take quizzesand interact with people from all over theworld
Some businesses are using social-net-
working sites tobuild their brandimage and tomaintain contactwith like-mindedcompanies andclients
One site in par-ticular LinkedIn isgeared specificallyfor professionalsand entrepreneurs and now boasts morethan 36 million members in 200 countries
GONE PHISHINGThere is a problem prevalent on e-
mail known commonly as lsquophishingrsquo
Phishing occurs when a fraudulent mes-sage urges you to visit an internet link toverify passwords account information orother personal or private details
Your participation provides crookswith access to your bank accounts for in-stance which they promptly empty
Other thieves donrsquot need to phish bye-mail thanks to social networking Mostpeoplesrsquo passwords for their logins orbank accounts are the names of their kidsor pets PIN numbers are often signifi-cant dates such as birthdays and anniver-saries If that type of information is post-ed on your Facebook page it is literally avirtual bonanza for thieves
Social networking sitesalso seem to appeal to sexu-al predators so keep an eyeon your children as theyuse these types of sites
According to Wikipediathere are now over 200 so-
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
15NOT-SO-SOCIAL NETWORKING
When I was a kid we had Windows 95and we talked to people ndash and we liked it
Topics
zsaca I 1-877-681-0706
Elizabeth Borrill I eborrill zsaca
in change
Wersquore yourpartner
Mike Bowerbank
cial-networking sites online and manypeople are on more than one
FACE TO FACEBOOKFacebook has become the most popu-
lar social-networking application Morethan 200-million users take quizzes up-load pictures contact long-lost friendsand post status updates letting peopleknow what theyrsquore doing from day today
Prospective employersalso use Facebook to look upapplicants Remember thatcandidate who was dressedto impress in your office dur-ing the interview andseemed so eloquent Thatrsquosthe same guy whose Face-book profile photo showshim passed out on the street wearing atutu with a status update that reads Party
Naked
Personal-injury lawyers use Facebookto disprove disability claims One case in-volved a person on leavefrom work because theyclaimed they were toosore to use a computerBy logging onto Face-book opposing lawyerswere able to dispute theclaim by demonstratinghow the injured personused computers regularlyto update their Facebook page Policehave used both MySpace and Facebookto check for probation violations andweapons being brandished in public
If you think your profile is only opento other Facebook users think again OnJune 12th Facebook enabled your profilepage to be viewed as a web page Theformat is wwwfacebookcomusernameand you no longer need a Facebook ac-count to view a memberrsquos profile page
TWITTER TWEETS AND TWITSJust when you thought Facebook had
taken things far enough into the ldquotoomuch informationrdquo realm along came anapplication that is the new killer appTwitter is basically a bare-bones text-based social application made with cell
phones and Blackberries in mind Youbroadcast short messages (140 charactersmaximum) known as tweets to yourworld
Twitter has become the third most-popular social-networking applicationbehind Facebook and MySpace respectively
Twitter like all social applications hassome good practical uses For examplein this recent election in Iran Twitter be-
came the organizing tool of choice for thepro-reformist camp using it to makeprotest arrangements and send globalmessages slipping these past censors(The Iranian government promptly re-
sponded by blocking Twitter and Face-book in the country showing the vulner-ability of both mediums)
While the horrific scene unfoldedduring the 2008 Mumbai attacks in In-dia an estimated 80 tweets were sent ev-ery five seconds People on the scene ofthis terrorist bombing and shooting usedtheir tweets to help compile a list of ca-sualties and to broadcast the location ofhospitals that needed blood donations
In the legal world Twitter allowslawyers in court to provide minute-by-minute information to other lawyers backat the firm This enables assisting lawyers toprepare appropriate materials as needed
With those notable exceptions ac-knowledged one canrsquot help but comparethe pragmatic uses to the vast majority of
Twitter users who consider standing inline at Tim Hortonrsquos post-worthy or thatthere is a terrible smell coming from theirfridge Twitter is used mostly as a narcis-sistic tool so that the world can know ofyour daily happenings ndash sort of a way tobe the star of your own reality show
LIKE OMGSocial networking can be fun and
useful if used sparingly and casually In-stead of getting out andmeeting each other peopleare using social networkingsites to look for love com-panionship and even extra-marital affairs And theysay romance is dead
If you joined Facebookjust to see what your kids
are up to be forewarned that you mightactually find out and wish you hadnrsquot
Donrsquot spy on your kids talk to themYou know with actual spoken words likethey used to do way back in the 20th
CenturyWhen your com-
puter screen becomesyour main window tothe world and literallybecomes your sociallife you might be ad-dicted Such an addic-tion is as serious as-andno easier to overcome
than-other addictions like gambling As the world becomes increasingly
connected it seems that people in societybecome increasingly isolated socially Itrsquosthe paradox of modern communicationand contributes to a large part of the rea-son why Generation Yndash the Millennials ndashusually excels at technology but generallylacks in social skills
If this trend continues and more peo-ple live online good social skills may endup as extinct as the 525rdquo floppy driveand the game Pong
I know Irsquom writing some things towhich online addicts may object but Idonrsquot expect to hear from them aboutit
They only read things that are 140characters or less OMG LOL
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 16
PHILI
PBA
RKER
ART
IST
When the Vancouver OrganizingCommittee for the 2010 Olympic
and Paralympic Winter Games (VANOC)sets up its on-the-ground operations inearnest this fall and winter itrsquoll be mak-ing room in a downtown Vancouver ho-tel in early February for a special Gamesdivision of the Court of Arbitration forSport (CAS) supervised by a city lawyerwho is well-known in the Olympicsmovement
The International Council of Arbitra-tion for Sport (ICAS) which is based inLausanne Switzerland is the fund-rais-ing and administrative body that tookover from the International OlympicCommittee as the Courtrsquos supervisory organization
The IOC launched the court in 1984to settle disputes amongst its sports feder-ations but within its first decade theIOC became increasingly criticized forthe strength of its influence over thecourt The ICAS was formed in the mid-1990s to create independence and an ad-ministrative structure for the courtrsquos in-creasing activities
Three permanent courts exist ndash Lau-sanne Switzerland (where the IOC isalso headquartered) New York and Syd-ney Australia But the ICAS also estab-lishes ad hoc courts such as the one forthe 2010 Games as needed The CASuses about 300 arbitrators from 87 coun-tries and handles about 200 cases a year
The CAS for the Olympic portion ofthe 2010 Winter Games will include ninelawyers acting as arbitrators to operatein the Renaissance Vancouver HotelHarbourside at 1133 West HastingsStreet from February 2 10 days beforethe start of the Games to February 28the day of the Olympic Closing Ceremo-ny
The Renaissance is one of three bigdowntown Vancouver hotels ndash includingthe Bayshore and the Pinnacle a corpo-rate sister of the Renaissance that is locat-
ed right across West Hastings street aswell as the Vancouver Club ndash thatVANOC is taking over completely duringthe Olympic portion of the Games sothey can be used by the IOC and its re-lated organizations
On March 26 the ICAS formally ap-pointed Tricia Smith ndash Vancouverlawyer and partner of Barnes Craig ampAssociates ndash as its liaison officer withVANOC In this role Smith will carry re-sponsibility for the relationship and com-munication between ICAS CAS andVANOC between now and when theOlympic portion of the Games wraps upin early March
Smithrsquos legal experience communityinvolvement and sports backgroundmake her an excellent candidate for thisrole
Although her law practice focuses onmanaging claims for liability insurers andproviding risk-management consultingshe is also a sports arbitrator with anabiding interest in the Olympics
Smith has been a member of the ICASsince 2001 She was unsuccessful in aclosely fought contest with Marcel AubutQC OC a Quebec City-based lawyerwith Heenan Blaikie in a bid this pastspring to replace the Canadian OlympicCommitteersquos (COC) current presidentMichael Chambers when his term endsafter the 2010 Games she will remain onthe COCrsquos Executive Committee as theorganizationrsquos vice president workingfirst with Chambers later with Aubut
Smith is also a four-time Olympianand medallist in rowing the founder andpast president of Olympians BC and vicepresident of its parent organizationOlympians Canada
Smith remains a member of the Exec-utive Committee of the InternationalFederation of Rowing Associationswhich is also headquartered in Lausanneand chairs its Womenrsquos Rowing Cross-Commission
She is also a former member of theBoard of 2010 Legacies Now which wasoriginally formed by the BC govern-ment to be the armrsquos-length implementerof several major social goals of the gov-ernment connected with the Games
Although 2010 Legacies Now contin-ues to work on those goals with the helpof various companies connected to the2010 Winter Games and others and al-though it receives the majority of its fund-ing from Victoria it is now a fully inde-pendent society
The CAS usually involves panels ofthree arbitrators each and they deal witha wide range of issues involving the intri-cacies of relationships between the nu-merous international sports federationsthat the IOC supports through fundsgenerated by sponsorships and Olympicgames and it often deals as well with ap-peals from decisions by the federationsthat affect their athletes
Its work in the controversial field ofanti-doping gives the CAS its highest visi-bility For example just this past June itworked out the appropriate suspension ofGerman ice-hockey player FlorianBusch who made the mistake last De-cember of refusing to provide a urinesample when a doping-control officerknocked on his apartment door a sur-prise test is a known and standard part ofthe International Ice Hockey Federa-tionrsquos procedures for out-of-competitiontesting
Though he took the test a couple ofhours later and it was negative forbanned substances it was too late Therewas a plethora of subsequent legal argu-
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 17BAIRNES CRAIGrsquoS TRICIA SMITH TO SUPERVISE
A sophisticated new court will be set up indowntown Vancouver for the 2010 Games
ments and appeals from various bodiesabout which one should sanction himand for how long
The CAS sorted through the compet-ing claims and ruled that he would re-ceive a two-year suspension effectivelypreventing him from competing in the2010 Games
Perhaps one of its most famous caseswas a decision to uphold a life-time banon taking part in Olympic winter gamesimposed by the IOC against three of fourmembers of the Austrian Nordic skiingteam attending the Torino Italy WinterOlympics in 2006 for allegedly sharingldquocomplicity to violate anti-doping rulesrdquo
Eventually the CAS court commuteda similar ban to the fourth member of theteam to a four-year suspension ndash it endsjust after the 2010 Games ndash after review-ing his lesser role in the affair
When the Olympic Games are under-way the Athlete Villages in Vancouverand Whistler and any separate apart-ments used by Olympic athletes theirteam coaches and related officials have akind of diplomatic separation from thecriminal laws of the host country when itinvolves things such as drugs where con-victions in some countries carry thedeath penalty The IOC as part of itsthicket of legal agreements with hostcountries obtains the authority to lookafter anti-doping cases on its own termsduring the Games The deal usually in-volves the local police going in with IOCinvestigators each with their own juris-diction
The cases can be deadly serious Theanti-doping case that involved the CASstemmed from a joint IOC-Italian policeraid on the rooms of the Austrianbiathlon and cross-country squads onFebruary 18 2006 in the teamrsquos privatequarters in the Italian Alps while theTorino Games were underway
The IOC later reported that 80 medi-cal devices including advanced medicalequipment were found in the apartmentalong with used syringes blood bagsblood-transfusion equipment and evenbloody handkerchiefs
In 2010rsquos case once the Games arefinished the CAS court goes too
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 18FIRM LEADERSHIP THROUGH UNCERTAIN TIMES
Leading your firm through the difficultdilemma of terminations or layoffsBy Tim Wurtz Administrator Baker Newby LLP
Our profession and the world at largebuzzes with the employment impli-
cations of our general economic slow-down Whether you face small adjust-ments to your work force or a larger scalelayoff to control that salary expense lineitem leadership before during and afterany termination plays a central role inhow your firm will weather any fallout asa result of constraints to your work force
LawShuckscom reports that 125 ma-jor law firms around the globe have an-nounced or conducted layoffs The com-bined total is 10723 people 4015lawyers and 6708staff Most law firmson that list thank-fully do not haveany significant rec-ognizable namesfrom our BCLMAnetwork however all local firms whospoke with me are cautiously managingtheir salary expenses
While most research and surveys thatexamine the long-term effects of downsiz-ing indicate that companies that cut staffend up disappointed with the resultsmany of us will face formulating staffingstrategies to control costs Layoffs mayserve a short-term need but create largerlong-term issues Nonetheless we mustmanage and lead as directed by our Part-nership or Managing Committees
I am sure my fellow Administratorsand HR Managers will agree that an im-pending termination on any scale canconsume the workday We complete thenecessary forms derive suitable severancepackages develop plans to reassign workor alternatively reinvigorate the recruit-ment process to find a suitable replace-ment While we focus on the person orpersons being terminated we might over-look and forget or ultimately deny an im-portant aspect of the overall process ndash the
employees we keepThe Law Practice
Today section in theJanuary edition ofthe ABA Law Prac-tice Management in-cluded an article byJaffrey C Connerconcisely summariz-ing the point that fu-ture success of a firm depends largely onthe leadership of management after anylayoffs have been made
The workplace mood becomessomber People ask themselves ldquoAm Inextrdquo There will be a significant amount
of distrust of man-agement and anxi-ety over subsequentjob losses Thesefeelings must betempered by astrong unified mes-
sage from Management It is reasonableto admit the future is uncertain and thatevery effort will be made to ensure astrong and viable law firm well into thefuture Also tell the staff that this uncer-tainty will undoubtedly result in difficultdecisions after every possible alternativehas been considered
Terminating employees is a decisionthat is never made lightly To be an effec-tive leader you need to reinforce that alloptions were considered prior to layoffsUnder conditions of economic uncertain-ty the contribution of leadership is notsimply to inspire or build confidence butrather to solve problems and make ap-propriate strategic decisions
I learned an important lesson at lastyearrsquos BCLMA Conference Peter deJager a specialist in Change Manage-ment said in the closing session ldquoPeopleactually are not resistant to change theyare resistant to the way change is broughtaboutrdquo
Some employees consider termina-
Tim Wurtz
ALL LOCAL FIRMS ARECAUTIOUSLY MANAGINGTHEIR SALARY EXPENSES
tions or layoffs as drastic and developstrong feelings against managementLeaders must remain aware of the per-ceptions of their Partnership BoardManagement ndash and staff All three groupsinfluence a leaderrsquos ability to implementchange specifically to bring about signifi-cant staffing reassignments
Much literature exists about the dis-tinction between leaders and managerswith leaders having vision and creativityand managers focusing on improving ef-ficiency Leaders should exercise dili-gence toward gaining an understandingof their capacity within the organizationto properly apply leadership theories ifappropriate
During uncertain times we need tothink about adaptive and situational lead-ership-the right person with the rightstyle for the right situation Mining theInternet and academic journals for de-scriptions of leadership styles yields hun-dreds of words typically used to describe
a vast variety of leadership traits andtechniques
Two styles reside on opposite ends ofthe spectrum Visionary Leaders and Au-thoritative Leaders A visionary leaderpossesses a charismatic personality em-braces a democratic approach to the de-cision-making process and tries to en-gage staff in ongoing strategic initiatives
An authoritative leader prefers au-tonomous control over decision-makingmotivates employees using various formsof intimidation shows reluctance at relin-quishing control and fails to actively seekfeedback throughout management pro-cesses During difficult and emotionalstaff terminations and re-assignments theenormous grey area between these two
styles is required to carefully steer yourship through difficult waters
Use components of visionary leader-ship to bring employees into the world ofdecision-making Solicit ideas Listen towhat staff say when you introduce cost-saving measures For employees who areterminated or laid-off consider outplace-ment services a mutually agreeable refer-ence letter and perhaps access to thefirmrsquos resources or referral networks sothey can actively seek other employmentFor employees who are retained and pos-sibly required to assume additional re-sponsibilities for the same or less paythink about new benefits you can offerthem such as additional training andsupport
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 19
TERMINATIONS OR LAYOFFS ARE ABOUT LOSS BUT THEY ALSO CREATE OPPORTUNITYFOR US AS LEADERS AND MANAGERS
JAM
ESTH
EW
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Use aspects authoritative leadership toreinforce the notion that difficult deci-sions are inevitable that assuming issuesassociated with terminations or downsiz-ing will solve themselves over time is irre-sponsible It is important not be per-ceived as laissez-faire in yourmanagement capacity and to clearly es-tablish that while difficult the decisionsmust be respected
We are expected to possess the skills toproperly and compassionately deliver badnews to staff As managers it is our dutyto be knowledgeable of how people willreact and deal with the ramifications ofour actions Often the problems in work-force reductions arise when people donrsquotsee logic in why they were laid off andothers kept their jobs People draw theirown conclusions
I know first-hand that remaining stafftypically formulate their own complextapestry of reasons to explain why some-one has been let go These conclusionscanrsquot include aspects of the decision-mak-ing process to which they are not privy
It is counter-productive however toargue with this mentality as they are typ-ically emotionally driven conclusions Ra-tionalization may serve to further fuel thefire of distrust of management
However we cannot ignore it entirelyeither We will need to address the ru-mours and speculation either as a groupor one-on-one
Terminations or lay-offs are aboutloss but they also create opportunityfor us as leaders and managers Ourwords and actions can inspire loyaltyand enthusiasm Vision and authoritymake great bedfellows in any leaderrsquosarsenal of tools but sustainable law-firm profitability and excellence takes aconcerted effort on any managerrsquos partto become and remain the leader that isthe glue in the firmrsquos organizationalculture
Leaders must be honest and trans-parent about current conditions whilstremaining positive and reassuring En-gage Consulting Solutions in its publi-cation Engaging Employees in Uncertain
Times suggests that you must counteractpervasive negativity by providing clear
consistent messaging about the firmrsquosreality regardless of the reality In addi-tion focusing on programs that pro-mote recognition employee wellnesslearning and development are also seenas crucial to reducing the uncertaintywhile increasing retention and engage-ment
The July-August 2009 issue of The
Harvard Business Review lists new requiredleadership skills particularly vital in ourclimate of economic uncertainty 1) Foster Adaptation ndash For instance de-
velop ldquonext practicesrdquo in addition tocontinuing with current best practices
2) Embrace disequilibrium ndash While thisseems to depart from traditional lead-ership efforts to create a harmoniousequilibrium it is suggested you keepstaff in a state that creates enough dis-comfort to induce change but not somuch that they fight flee or freeze
3) Generate leadership ndash Give employ-ees at all levels of the organizationthe opportunity to lead departmentsor firm initiatives that will help itadapt to changing timesA suggestion to Administrators and
HR managers struggling with difficult sit-uations Ensure you take care of yourselfthroughout these dynamic times Cam-bridge Leadership suggests that you 1) Give yourself permission to be both
optimistic and realistic2) Find sanctuaries where you can reflect
on events and gain perspective 3) Reach out to trusted confidants with
whom you can speak openly 4) Bring more of your emotional self to
the workplace noting that appropriatedisplays of emotion can effect change
5) Do not lose yourself in your role nordefine yourself through a single en-deavourThrough these uneasy times we must
skillfully balance the profitability of thepartnership with a healthy organizationalclimate for the firm
They are not mutually exclusive dur-ing economic uncertainty but do requirecareful planning and actions by law firmmanagers to advance our stature withinthe decision-making process to that of alaw-firm leader
dentials except for affidavits and orders Efficient ndash Law firms will like the ease
and convenience as well as the effi-ciencies gained E-Filing allows you tofile retrieve and electronically searchfiles from your office or home It sim-plifies document preparation for of-fices by eliminating the need to printand prepare multiple copies of docu-ments for filing After submitting your documents you
can check on the status at any time sim-ply by logging in at CSO If requestedCSO will automatically send an e-mailnotification as soon as the registry hasprocessed the document
Once the registry accepts the e-Fileddocument it is electronically stampedYou can then download the documentfor your files Enviromental ndash E-Filing can offer a
greener solution for offices by eliminat-ing the need to print and prepare mul-tiple copies of documents for filing As a result your office can use less
paper E-Filed documents do not need tobe physically transported thereby reduc-
BC Court E-Filing from Page 10
Topics 20
ResourcesE-Filing is available for most types of docu-
ments For e-Filing rules refer to SupremeCourt Rule 69 which is athellip
lthttptinyurlcomnasoj9gthellipand Small Claims Rule 22 located
at lthttptinyurlcoml7ch8ggtThere are quite a few Rules on each of these
web pages so once you arrive use your brows-
errsquos Find command to quickly search the page
for the text Rule 69 in the one case or Rule22 in the other
You can register for a CSO account online
through the CSO website atltwwwcourtservicesonlinegovbccagtor if you are a BC OnLine user through BC
OnLine at
lthttpswwwbconlinegovbccagtPlease visit Court Services Online at
wwwcourtservicesonlinegovbcca Questions can be e-mailed to
CourtsCSOgovbcca
E-Filing to Page 21
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
By Michael J Anderson Principal Innovative Consulting
Sometimes whenwe have our
heads down justploughing awaythrough the fires onour desk we losesight of the funda-mental things thatwe should do togrow our practices
Wersquore not talkingabout huge expensive or complex mar-keting strategies here We are just remind-ing you of the basics Several of you prob-ably already do many of these thingsseveral of you probably plan to do manyof these things Our hope is that this listwill remind you of what it takes to expandyour practice and spur you on to turnyour best intentions into best practicesWe also hope that you will gain some newideas and insights
The following in no particular order
is provided as a checklist for what youmight want to do to become more profitable
1Get out of the office Every great RainMaker will tell you that you must meet
with your current and potential clients of-ten either on their turf or on neutralground
2The old 8020 rule still applies Yes 80of your new work will probably come
from 20 of your current clients Do youknow which of your clients provide youwith the most work If you do how areyou building on that relationship We seetoo many firms and lawyers spendinggobs of time and money trying to attractan elusive new big client Your best tar-get for success is the client you alreadyknow and who already knows you
3Just say ldquoNordquo Being fearful of whereour next file will come from makes us
want to accept every possible bit of workthat might come in the door whether thework is profitable whether we have goodprospects for getting paid whether it is anarea of law in which we are comfortableor whether our time could be better spentattempting to land the work that we reallywant at rates that will help us to succeedIt seems to be the credo for many lawyersthat ldquoThey have never met a dollar theydidnrsquot likerdquo Instead ldquoFocus on the goodstuffrdquo as professional-business consultantDavid Maister would say
4Budget your time and money Typically alawyer works about 2500 hours each
year roughly split between 1400 billablehours and 1100 non-billable hours Thenon-billable time is broken into segmentsfor management associate training per-sonal education research and marketingWe suggest that every lawyer allows forabout 600 hours per year for marketingtheir practice with a marketing budget ofbetween 2 and 5 of their gross rev-enues The marketing should include ad-vertising website creation and mainte-nance marketing-skills training andclient promotion-among other things
5Get involved We have a moral duty togive back to our communities
Choose a charity community group po-litical organization or business associa-tion that you enjoy and is important toyou Many of these types of groups are
looking to add a lawyer or two to theirboards In addition to contributing to agreater common good you will also net-work with other successful business peo-ple
6Market internally Ensure that everyonein your firm knows all of the facets of
the work you are capable of handling theareas in which you are looking to expandand your availability to handle the workAsk your partners about possible cross-selling opportunities Since cross-selling isa two-way street look at your own clientlist for possible situations to offer yourpartners For younger lawyers internal
marketing is possibly the only marketingthat they can do as their peer group hasnot yet risen to positions or situationswhere they can direct legal files to theirfriends Every young lawyer should askthe more senior members of their firm forwork on a weekly basis A lot of work willtransfer down to them if they prove theycan handle it
ing fuel consumption and its environ-mental impact Inexpensive ndash An office can reap sav-
ings from e-Filing through reducedprinting costs as well as reducedcosts from delivering documents tothe registry particularly when fil-ing beyond the local registry There is a $7 e-Filing transaction
fee per filing package regardless ofwhere the document is filed A filingpackage is any number of documentsbeing e-Filed to the same court file atthe same time The transaction feeand any applicable statutory filing feesare paid online through a BC OnLine
deposit account or with a credit card With all of these positive reasons
to e-File why not give it a try Go on-line today to view a demonstration ofhow to e-File to an existing court fileor how to use e-File to start a newcourt file
15 ideas for improving your practice
BC Court E-Filing from Page 20
21Topics
Michael Anderson
HOW DO FIRMS USE ON-LINEVIDEO TO VIEW AN
EFFECTIVE USE OF THISMEDIUM VISIT TORYrsquoS
WWWTORYSCOMVIDEOCENTERPAGESDEFAULTASPX
SINCE CROSS-SELLING IS ATWO-WAY STREET LOOK ATYOUR OWN CLIENT LIST FOR
POSSIBLE SITUATIONS TOOFFER YOUR PARTNERS
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
7Go to school Many lawyers can benefitgreatly from marketing training or
personal coaching In the old days a se-nior partner would grab an associate bythe scruff of the neck drag them toclient lunches and warn them to just sitthere keep their mouth shut and learnAnd they did learn Similarly we needto develop ways to share the marketingskills that already reside within ourfirms especially for our youngermembers
8Create a ldquoDream Listrdquo In aperfect world who
would you have as clientsand what type of workwould they send you Onceyou have the list startstrategizing on how youcan get an introductionand what you would saywhen you finally meetthem Why should theyhire you What will set youapart from your competi-tion After all many clientsfeel that most lawyers arethe same ndash they point tolaw firm websites andbrochures where you willsee that most of them at-tempt to sell ldquoBetter Fasteramp Cheaperrdquo Differentiateyourself Innovate
9Research Do you trulyunderstand your clientsrsquo
core needs What issueskeep them awake at nightand what can you do tohelp them Use the Inter-net to gather informationabout your current and po-tential clients Use that datato customize your proposalto them This demonstratesan understanding of theirbusiness and a commitment tohelp them enhance it
10CRM Institute a Customer Relation-ship Management program that will
track who when how and what the nextsteps are in your marketing strategy A sim-ple and inexpensive option like MicrosoftOutlook or a more legal-specific option like
Amicus Attorney will get your started
11Write write and write some more Createa perception of expertise by writing
topical articles and getting them pub-lished in relevant print or online maga-zines newsletters and blogs
12Leverage your writing Create a mailingor even better an e-mailing list of
clients and potential clients and send
them copies of the articles that you writeThe goal is to have them say ldquoThis onesure seems to know their stuffrdquo Thenhave the article placed in a strategic loca-tion on your website so that visitors will
also see that you have expertise Take itone step further and create a seminarpresentation or speech using the article asthe basis Undertake each at the personalgroup or firm level ndash or all of the above
13Leverage your people How many timeshave we heard ldquoPush the work
down and free your time to do the moreimportant stuffrdquo Why do many of us still
resist that strategy Whether you are ina large firm with associates or a
sole practitioner with parale-gals use junior practitionersto a greater degree Usingleverage will make youmore profitable and freeyour time for more impor-tant things
14Web support Amongother things websites
are the brochures of the newmillennium Is your websitesupporting your marketingefforts or is it just a neces-sary expense The most ef-fective sites have a lot incommon they are builtfrom a clientrsquos point of viewthey are informative and ed-ucational they display yourexpertise they have person-ality they are well ldquotaggedrdquoto be picked up in Googletype searches and usevideos effectively
15 Discipline Sometimesour best intentions lack thediscipline to carry out whatwe know we need to doDevelop a strategy with atimetable to accomplish theplan Start with this check-list and add to it as youprogress along the road to
growing your practice Wehope that this will help you to
focus on the issues that are mostimportant for you and your firm go-
ing forward
Michael J Anderson is a principal in Inno-
vative Consulting Hersquos based in Vancouver and
can be reached at 6042724222 or at
andersoninnovativeconsultingca
Topics 22
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
SUMMER 2009
Editor Stephanie MarshManaging Editor Designer Peter Morgan
This issue is also available in PDF format atlthttpwwwbclmaorggt
Topics Archive amp Indexlthttpwwwbclmaorggt
Editorial copy 2009 BCLMA CANADA
Published by MORGANNewsletters 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 BC It is the BCLMA lsquos goal toprovide educational and networking opportunitiesto 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
NEWSLETTER SERVICES
TOPICS is a public newsletter We will be pleased toadd you to our mailing list for this newsletter Pleasecontact the Editorial Committee Chair or any mem-ber of the Editorial Committee listed on the left forcomments on any of these articles or to offer sugges-tions for articles in future issues or for adjustments tothe circulation list Comments are always welcome
REPRODUCTION RIGHTS
Topics is copyrighted however we encourage you tocirculate or copy this material unmodified for yourown internal or private use You may freely quoteany article or portion of article but it must be ac-companied by attribution Quoting any article orportion of article without attribution is prohibitedThe newsletter its contents or its material may notbe sold intact or modified nor included in anypackage or product offered for sale
EXECUTIVE Stephanie Marsh President
Fasken Martineau2900 550 Burrard StreetVancouver Canada V6C 0A3D 6046314767F 604-631-3232SMarshFaskencom
Jan Whyte Vice-President
Murphy Battista2020 650 West Georgia StreetVancouver BC V6B 4N7D 6046333811F 604-683-5084WhyteMurphyBattistacom
Gary Carter Director
Paine Edmonds LLP1100 510 Burrard StreetVancouver BC V6C 3A8P 6046831211F 604-681-5084GCarterPaine-Edmondscom
Cindy Hildebrandt Director
Richards Buell Sutton LLP700 ndash 401 West Georgia StreetVancouver BC V6B 5A1P 6046823664D 6046619267F 604-688-3830CHildebrandtrbsca
Evenna Liu Director
Oyen Wiggs Green amp Mutala LLP480 ndash 601 Cordova Street WVancouver BC V6B 1G1D 604-676-9074F 604-681-4081ELiuPatentablecom
Barb Marshall Director
Fasken Martineau2900 ndash 550 Burrard StreetVancouver BC V6C 0A3D 6046314991F 604-631-3232BMarshallFaskencom
Angela Zarowny Treasurer
Direct 6043510124azanddzShawca
Jane Kennedy Administrator amp Membership Services
BCLMA
PO Box 75562RPO Edgemont VillageNorth Vancouver V7R 4X1P 6049881221F 604-988-1221MembershipBCLMAorg
SUBSECTION LEADERS
Facilities amp Service ManagementJanice McAuley Co-Chair
Lawson Lundell LLP1600 ndash 925 West Georgia StreetVancouver Canada V6C 3L2D 604-631-9254F 604-669-1620JMcAuleyLawsonLundellcom
Lorraine Burchynsky Co-Chair
Boughton Law CorporationSuite 700 ndash 595 Burrard StreetVancouver Canada V7X 1S8D 6046474162P 6046876789F 604-683-5317LBurchynskyBoughtonca
FinanceSheila Tham Co-Chair
Watson Goepel Maledy LLP1700 ndash 1075 West Georgia StVancouver BC V6E 3C9P 6046881301F 604-688-8193SThamWGMlawcom
Linda Lucas Co-chairDavis LLP2800 Park Place 666 Burrard StVancouver BC V6C 2Z7D 6046436305F 604-687-1612E LLucasDavisca
Human ResourcesTina Giallonardo Chair
Miller Thomson LLP1800 840 Howe StVancouver BC V6Z 2M1P 6046872242F 604-643-1200TGiallonardoMillerThomsonc
Knowledge ManagementGreg Christensen Chair
Fasken Martineau2900ndash550 Burrard StreetVancouver Canada V6C 0A3D 6046314993F 604-631-3232GChristensenFaskencom
MarketingRecruiting
Small FirmsSharon Kwong Wah Chair
Young Anderson1616 ndash 808 Nelson StreetVancouver Canada V6Z 2H2 D 604-689-7400F 604-689-3444KWongWahLYAbcca
TrainersRuth-Ann Spencer Co-Chair
Bull Housser amp Tupper LLP 3000 1055 West Georgia Street Vancouver BC V6E 3R3 D 6046414921 F 604-646-2638 RASBHTcom
Lisa Dick Co-Chair
Fasken Martineau 2900ndash550 Burrard Street Vancouver V6C 0A3 P 6046313131 F 604-631-3232 LDickFaskencom
Technology Aaron Fahlman Co-Chair
Fasken Martineau2900 550 Burrard StreetVancouver Canada V6C 0A3D 6046314960F 604-631-3232AFahlmanFaskencom
Aaron Zuccolin Co-Chair
Watson Goepel Maledy LLP1700 ndash 1075 West Georgia StreetVancouver BC V6E 3C9 D 6046425661F 604-688-8193AZuccolinWGMlawcom
EDITORIAL COMMITTEE
Bob Waterman Chair
Richards Buell Sutton LLPD 6046619241F 604-688-3830BWatermanRBSca
Stephanie Marsh Editor
Fasken Martineau2900 550 Burrard StreetVancouver Canada V6C 0A3D 6046314767F 604-631-3232SMarshFaskencom
Mike BowerbankBurnabyMikeYahoocom
Lorraine BurchynskyBoughton Law CorporationSuite 700 ndash 595 Burrard StreetVancouver Canada V7X 1S8D 6046474162P 6046876789F 604-683-5317LBurchynskyBoughtonca
Paula ButlerBarrister amp Solicitor200 100 Park RoyalWest Vancouver BC V7T 1A2P 6047820373F 604-983-0372PButlerPaulaButlercom
Tim WurtzBaker Newby LLP9259 Main StChilliwack BC V2P 6K2P (1) 6047921376F (1) 604-792-8711TWurtzBakerNewbycom
BCLMA EXECUTIVE amp SECTION LEADERS
DENN
ISCO
X
BC Legal Management Association
powerful than his electricsaw His emotional brain +his heart became the en-gine and fuel behind the so-lution the solution that wasin sync with who he was acreator a transformational-ist a builder
With the voice of a wiz-ard the artist shared withthe rapt crowd around himwhat the audience hadbeen waiting for what hadbrought the seemingly bro-ken hopeless unattractiveand invaluable piece to thegrandure the people wit-nessed today
The first component ofthe plan that emerged fromhis subconscious state com-
mitment He truly did notwant to abandon the struc-ture despite its lack of com-mercial value He foundhimself committing to thefollowing familiar proce-dures that worked for himin the past (1) Hard physical work (2) Exhausting mental work as he focused
his attention on small progressivesteps
(3) Time a lot of time more time than hehad previously been willing to devoteand
(4) Various tools in addition to theallndashpowerful electric saw The second component patience In-
stead of brutally amputating the trou-bling piece he used the saw ndash but in amuch more gentle patient manner in or-der to shave thin layer after layer off thedamaged surface
The third and perhaps most importantcomponents in bringing about the changewere combined in attitude and respect In-stead of resenting the flaw he created anecological space for his creativity to flow asit did with other pieces that appeared lsquoper-fectrsquo He let go of the stressors ndash makingmoney and personal gain ndash to honour theinternal reasons for this project
The hours he spent polishing the vi-
able edge material flew by Ingenuitybloomed as it dawned on him he coulduse a resource he had never tried beforein his sculptures a chemical elixir to dis-solve the edges where neither the power-ful saw nor the gentle buffer could pro-duce the desired result
Success the flaw smoothed away theintegrity of the piece maintainedThrough all of the alternative processesthe artist achieved his goal bringing thepiece to a level of public acceptance andhigh market-value but that itrsquos mostvaluable to him personally and profes-sionally Thatrsquos when he said the piecewas not for sale
Everyone in the audience smiled anddrew their gaze up to the top of the struc-ture They had in that 10 minutes madethe journey from the raw troubled begin-nings to the place of a polished visionThey had during that short time livedwith the artist through his accomplish-ments in reaching the potential of the man
and the object on this seem-ingly dead-end situation
POINTS TO PONDER ndash FLEX THOSE SUBCONSCIOUSMUSCLES
If you stood with thegroup at the foot of the stat-ue without the introductionfrom the sculptor you wouldnever have known it wasoriginally rejected by its cre-ators ndash nature metal makersand the artist ndash and was onits way to becoming a worth-less object ignored by thepowers that controlled theenvironment where it trulybelonged and shone
Notice through yourjourney with this passionateartist that you are now in aresourceful state of appreci-ation for the importance ofawareness acceptance nur-ture and transformation
Is it possible for us toknow the worth of ourselvesor another without spendingsome time to become gen-
uinely acquainted with the 360 degree in-ternal and external view ndash with what wecan and cannot see Are you willing torisk answering ldquoyesrdquo to this question andnot take a deeper or more resourcefullook at yourself or others
Send me an e-mail let me know whatyou decide
Jan Whyte is a Certified Professional Coach
as well as General Manager and Administrator
of Murphy Battista Barristers in Vancouver
She can be reached at
ltWhyteMurphyBattistacomgt
She has spent 26 years working in litigation
firms in Vancouver In addition to her adminis-
trative role at Murphy Battista she consults with
staff and lawyers on various components of life in
law firms including recruitment worklife bal-
ance team dynamics such as leadership or con-
flict resolution and enhancing individual and
group performance Jan is an active Board Mem-
ber and the President-Elect of the BC Legal
Management Association
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
14Topics
SEBA
STIA
NKA
ULIT
ZKI
ARTI
ST
By Mike Bowerbank
In the olden days ndash you know way backwhen Windows 95 was new and crash-
ing computers ndash your social network con-sisted of friends you hung out with andtalked to in person
Face to face Can you believe thatIn 1995 the first large social
networking site sprang upClassmatescom gave people anew way to relive those awk-ward high-school moments It
also enabled visitors to see if thecaptain of the rugby team still had hairand his own teeth
It was more of a way to capitalize onnostalgia with a specific group of peopleso one could argue about just how muchof a social network it really was
The first of what we associate with so-cial-networking sites today was launchedin 2000 Friendstercom grew quickly andbecame so popular that it spawned sever-al copycat sites including MySpace (2003)and Facebook (2004) both of which havesurged ahead of Friendster in popularity
All of these sites allow you to post aprofile that includes all of your personaland contact information show off pic-tures of your kids and make the entireonline world aware of your happeningsSuch sites quickly became the way to stayin touch with people without ever havingto you know actually see them or talk tothem
The great thing about these sites is theease with which we can keep in touch
with people despite our time-crunched lives Rather thanphone or meet with the peoplein your life you can simplyupdate your page with yourlatest news and pictures so
that everyone can see them at onceYou can also play games take quizzesand interact with people from all over theworld
Some businesses are using social-net-
working sites tobuild their brandimage and tomaintain contactwith like-mindedcompanies andclients
One site in par-ticular LinkedIn isgeared specificallyfor professionalsand entrepreneurs and now boasts morethan 36 million members in 200 countries
GONE PHISHINGThere is a problem prevalent on e-
mail known commonly as lsquophishingrsquo
Phishing occurs when a fraudulent mes-sage urges you to visit an internet link toverify passwords account information orother personal or private details
Your participation provides crookswith access to your bank accounts for in-stance which they promptly empty
Other thieves donrsquot need to phish bye-mail thanks to social networking Mostpeoplesrsquo passwords for their logins orbank accounts are the names of their kidsor pets PIN numbers are often signifi-cant dates such as birthdays and anniver-saries If that type of information is post-ed on your Facebook page it is literally avirtual bonanza for thieves
Social networking sitesalso seem to appeal to sexu-al predators so keep an eyeon your children as theyuse these types of sites
According to Wikipediathere are now over 200 so-
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
15NOT-SO-SOCIAL NETWORKING
When I was a kid we had Windows 95and we talked to people ndash and we liked it
Topics
zsaca I 1-877-681-0706
Elizabeth Borrill I eborrill zsaca
in change
Wersquore yourpartner
Mike Bowerbank
cial-networking sites online and manypeople are on more than one
FACE TO FACEBOOKFacebook has become the most popu-
lar social-networking application Morethan 200-million users take quizzes up-load pictures contact long-lost friendsand post status updates letting peopleknow what theyrsquore doing from day today
Prospective employersalso use Facebook to look upapplicants Remember thatcandidate who was dressedto impress in your office dur-ing the interview andseemed so eloquent Thatrsquosthe same guy whose Face-book profile photo showshim passed out on the street wearing atutu with a status update that reads Party
Naked
Personal-injury lawyers use Facebookto disprove disability claims One case in-volved a person on leavefrom work because theyclaimed they were toosore to use a computerBy logging onto Face-book opposing lawyerswere able to dispute theclaim by demonstratinghow the injured personused computers regularlyto update their Facebook page Policehave used both MySpace and Facebookto check for probation violations andweapons being brandished in public
If you think your profile is only opento other Facebook users think again OnJune 12th Facebook enabled your profilepage to be viewed as a web page Theformat is wwwfacebookcomusernameand you no longer need a Facebook ac-count to view a memberrsquos profile page
TWITTER TWEETS AND TWITSJust when you thought Facebook had
taken things far enough into the ldquotoomuch informationrdquo realm along came anapplication that is the new killer appTwitter is basically a bare-bones text-based social application made with cell
phones and Blackberries in mind Youbroadcast short messages (140 charactersmaximum) known as tweets to yourworld
Twitter has become the third most-popular social-networking applicationbehind Facebook and MySpace respectively
Twitter like all social applications hassome good practical uses For examplein this recent election in Iran Twitter be-
came the organizing tool of choice for thepro-reformist camp using it to makeprotest arrangements and send globalmessages slipping these past censors(The Iranian government promptly re-
sponded by blocking Twitter and Face-book in the country showing the vulner-ability of both mediums)
While the horrific scene unfoldedduring the 2008 Mumbai attacks in In-dia an estimated 80 tweets were sent ev-ery five seconds People on the scene ofthis terrorist bombing and shooting usedtheir tweets to help compile a list of ca-sualties and to broadcast the location ofhospitals that needed blood donations
In the legal world Twitter allowslawyers in court to provide minute-by-minute information to other lawyers backat the firm This enables assisting lawyers toprepare appropriate materials as needed
With those notable exceptions ac-knowledged one canrsquot help but comparethe pragmatic uses to the vast majority of
Twitter users who consider standing inline at Tim Hortonrsquos post-worthy or thatthere is a terrible smell coming from theirfridge Twitter is used mostly as a narcis-sistic tool so that the world can know ofyour daily happenings ndash sort of a way tobe the star of your own reality show
LIKE OMGSocial networking can be fun and
useful if used sparingly and casually In-stead of getting out andmeeting each other peopleare using social networkingsites to look for love com-panionship and even extra-marital affairs And theysay romance is dead
If you joined Facebookjust to see what your kids
are up to be forewarned that you mightactually find out and wish you hadnrsquot
Donrsquot spy on your kids talk to themYou know with actual spoken words likethey used to do way back in the 20th
CenturyWhen your com-
puter screen becomesyour main window tothe world and literallybecomes your sociallife you might be ad-dicted Such an addic-tion is as serious as-andno easier to overcome
than-other addictions like gambling As the world becomes increasingly
connected it seems that people in societybecome increasingly isolated socially Itrsquosthe paradox of modern communicationand contributes to a large part of the rea-son why Generation Yndash the Millennials ndashusually excels at technology but generallylacks in social skills
If this trend continues and more peo-ple live online good social skills may endup as extinct as the 525rdquo floppy driveand the game Pong
I know Irsquom writing some things towhich online addicts may object but Idonrsquot expect to hear from them aboutit
They only read things that are 140characters or less OMG LOL
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 16
PHILI
PBA
RKER
ART
IST
When the Vancouver OrganizingCommittee for the 2010 Olympic
and Paralympic Winter Games (VANOC)sets up its on-the-ground operations inearnest this fall and winter itrsquoll be mak-ing room in a downtown Vancouver ho-tel in early February for a special Gamesdivision of the Court of Arbitration forSport (CAS) supervised by a city lawyerwho is well-known in the Olympicsmovement
The International Council of Arbitra-tion for Sport (ICAS) which is based inLausanne Switzerland is the fund-rais-ing and administrative body that tookover from the International OlympicCommittee as the Courtrsquos supervisory organization
The IOC launched the court in 1984to settle disputes amongst its sports feder-ations but within its first decade theIOC became increasingly criticized forthe strength of its influence over thecourt The ICAS was formed in the mid-1990s to create independence and an ad-ministrative structure for the courtrsquos in-creasing activities
Three permanent courts exist ndash Lau-sanne Switzerland (where the IOC isalso headquartered) New York and Syd-ney Australia But the ICAS also estab-lishes ad hoc courts such as the one forthe 2010 Games as needed The CASuses about 300 arbitrators from 87 coun-tries and handles about 200 cases a year
The CAS for the Olympic portion ofthe 2010 Winter Games will include ninelawyers acting as arbitrators to operatein the Renaissance Vancouver HotelHarbourside at 1133 West HastingsStreet from February 2 10 days beforethe start of the Games to February 28the day of the Olympic Closing Ceremo-ny
The Renaissance is one of three bigdowntown Vancouver hotels ndash includingthe Bayshore and the Pinnacle a corpo-rate sister of the Renaissance that is locat-
ed right across West Hastings street aswell as the Vancouver Club ndash thatVANOC is taking over completely duringthe Olympic portion of the Games sothey can be used by the IOC and its re-lated organizations
On March 26 the ICAS formally ap-pointed Tricia Smith ndash Vancouverlawyer and partner of Barnes Craig ampAssociates ndash as its liaison officer withVANOC In this role Smith will carry re-sponsibility for the relationship and com-munication between ICAS CAS andVANOC between now and when theOlympic portion of the Games wraps upin early March
Smithrsquos legal experience communityinvolvement and sports backgroundmake her an excellent candidate for thisrole
Although her law practice focuses onmanaging claims for liability insurers andproviding risk-management consultingshe is also a sports arbitrator with anabiding interest in the Olympics
Smith has been a member of the ICASsince 2001 She was unsuccessful in aclosely fought contest with Marcel AubutQC OC a Quebec City-based lawyerwith Heenan Blaikie in a bid this pastspring to replace the Canadian OlympicCommitteersquos (COC) current presidentMichael Chambers when his term endsafter the 2010 Games she will remain onthe COCrsquos Executive Committee as theorganizationrsquos vice president workingfirst with Chambers later with Aubut
Smith is also a four-time Olympianand medallist in rowing the founder andpast president of Olympians BC and vicepresident of its parent organizationOlympians Canada
Smith remains a member of the Exec-utive Committee of the InternationalFederation of Rowing Associationswhich is also headquartered in Lausanneand chairs its Womenrsquos Rowing Cross-Commission
She is also a former member of theBoard of 2010 Legacies Now which wasoriginally formed by the BC govern-ment to be the armrsquos-length implementerof several major social goals of the gov-ernment connected with the Games
Although 2010 Legacies Now contin-ues to work on those goals with the helpof various companies connected to the2010 Winter Games and others and al-though it receives the majority of its fund-ing from Victoria it is now a fully inde-pendent society
The CAS usually involves panels ofthree arbitrators each and they deal witha wide range of issues involving the intri-cacies of relationships between the nu-merous international sports federationsthat the IOC supports through fundsgenerated by sponsorships and Olympicgames and it often deals as well with ap-peals from decisions by the federationsthat affect their athletes
Its work in the controversial field ofanti-doping gives the CAS its highest visi-bility For example just this past June itworked out the appropriate suspension ofGerman ice-hockey player FlorianBusch who made the mistake last De-cember of refusing to provide a urinesample when a doping-control officerknocked on his apartment door a sur-prise test is a known and standard part ofthe International Ice Hockey Federa-tionrsquos procedures for out-of-competitiontesting
Though he took the test a couple ofhours later and it was negative forbanned substances it was too late Therewas a plethora of subsequent legal argu-
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 17BAIRNES CRAIGrsquoS TRICIA SMITH TO SUPERVISE
A sophisticated new court will be set up indowntown Vancouver for the 2010 Games
ments and appeals from various bodiesabout which one should sanction himand for how long
The CAS sorted through the compet-ing claims and ruled that he would re-ceive a two-year suspension effectivelypreventing him from competing in the2010 Games
Perhaps one of its most famous caseswas a decision to uphold a life-time banon taking part in Olympic winter gamesimposed by the IOC against three of fourmembers of the Austrian Nordic skiingteam attending the Torino Italy WinterOlympics in 2006 for allegedly sharingldquocomplicity to violate anti-doping rulesrdquo
Eventually the CAS court commuteda similar ban to the fourth member of theteam to a four-year suspension ndash it endsjust after the 2010 Games ndash after review-ing his lesser role in the affair
When the Olympic Games are under-way the Athlete Villages in Vancouverand Whistler and any separate apart-ments used by Olympic athletes theirteam coaches and related officials have akind of diplomatic separation from thecriminal laws of the host country when itinvolves things such as drugs where con-victions in some countries carry thedeath penalty The IOC as part of itsthicket of legal agreements with hostcountries obtains the authority to lookafter anti-doping cases on its own termsduring the Games The deal usually in-volves the local police going in with IOCinvestigators each with their own juris-diction
The cases can be deadly serious Theanti-doping case that involved the CASstemmed from a joint IOC-Italian policeraid on the rooms of the Austrianbiathlon and cross-country squads onFebruary 18 2006 in the teamrsquos privatequarters in the Italian Alps while theTorino Games were underway
The IOC later reported that 80 medi-cal devices including advanced medicalequipment were found in the apartmentalong with used syringes blood bagsblood-transfusion equipment and evenbloody handkerchiefs
In 2010rsquos case once the Games arefinished the CAS court goes too
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 18FIRM LEADERSHIP THROUGH UNCERTAIN TIMES
Leading your firm through the difficultdilemma of terminations or layoffsBy Tim Wurtz Administrator Baker Newby LLP
Our profession and the world at largebuzzes with the employment impli-
cations of our general economic slow-down Whether you face small adjust-ments to your work force or a larger scalelayoff to control that salary expense lineitem leadership before during and afterany termination plays a central role inhow your firm will weather any fallout asa result of constraints to your work force
LawShuckscom reports that 125 ma-jor law firms around the globe have an-nounced or conducted layoffs The com-bined total is 10723 people 4015lawyers and 6708staff Most law firmson that list thank-fully do not haveany significant rec-ognizable namesfrom our BCLMAnetwork however all local firms whospoke with me are cautiously managingtheir salary expenses
While most research and surveys thatexamine the long-term effects of downsiz-ing indicate that companies that cut staffend up disappointed with the resultsmany of us will face formulating staffingstrategies to control costs Layoffs mayserve a short-term need but create largerlong-term issues Nonetheless we mustmanage and lead as directed by our Part-nership or Managing Committees
I am sure my fellow Administratorsand HR Managers will agree that an im-pending termination on any scale canconsume the workday We complete thenecessary forms derive suitable severancepackages develop plans to reassign workor alternatively reinvigorate the recruit-ment process to find a suitable replace-ment While we focus on the person orpersons being terminated we might over-look and forget or ultimately deny an im-portant aspect of the overall process ndash the
employees we keepThe Law Practice
Today section in theJanuary edition ofthe ABA Law Prac-tice Management in-cluded an article byJaffrey C Connerconcisely summariz-ing the point that fu-ture success of a firm depends largely onthe leadership of management after anylayoffs have been made
The workplace mood becomessomber People ask themselves ldquoAm Inextrdquo There will be a significant amount
of distrust of man-agement and anxi-ety over subsequentjob losses Thesefeelings must betempered by astrong unified mes-
sage from Management It is reasonableto admit the future is uncertain and thatevery effort will be made to ensure astrong and viable law firm well into thefuture Also tell the staff that this uncer-tainty will undoubtedly result in difficultdecisions after every possible alternativehas been considered
Terminating employees is a decisionthat is never made lightly To be an effec-tive leader you need to reinforce that alloptions were considered prior to layoffsUnder conditions of economic uncertain-ty the contribution of leadership is notsimply to inspire or build confidence butrather to solve problems and make ap-propriate strategic decisions
I learned an important lesson at lastyearrsquos BCLMA Conference Peter deJager a specialist in Change Manage-ment said in the closing session ldquoPeopleactually are not resistant to change theyare resistant to the way change is broughtaboutrdquo
Some employees consider termina-
Tim Wurtz
ALL LOCAL FIRMS ARECAUTIOUSLY MANAGINGTHEIR SALARY EXPENSES
tions or layoffs as drastic and developstrong feelings against managementLeaders must remain aware of the per-ceptions of their Partnership BoardManagement ndash and staff All three groupsinfluence a leaderrsquos ability to implementchange specifically to bring about signifi-cant staffing reassignments
Much literature exists about the dis-tinction between leaders and managerswith leaders having vision and creativityand managers focusing on improving ef-ficiency Leaders should exercise dili-gence toward gaining an understandingof their capacity within the organizationto properly apply leadership theories ifappropriate
During uncertain times we need tothink about adaptive and situational lead-ership-the right person with the rightstyle for the right situation Mining theInternet and academic journals for de-scriptions of leadership styles yields hun-dreds of words typically used to describe
a vast variety of leadership traits andtechniques
Two styles reside on opposite ends ofthe spectrum Visionary Leaders and Au-thoritative Leaders A visionary leaderpossesses a charismatic personality em-braces a democratic approach to the de-cision-making process and tries to en-gage staff in ongoing strategic initiatives
An authoritative leader prefers au-tonomous control over decision-makingmotivates employees using various formsof intimidation shows reluctance at relin-quishing control and fails to actively seekfeedback throughout management pro-cesses During difficult and emotionalstaff terminations and re-assignments theenormous grey area between these two
styles is required to carefully steer yourship through difficult waters
Use components of visionary leader-ship to bring employees into the world ofdecision-making Solicit ideas Listen towhat staff say when you introduce cost-saving measures For employees who areterminated or laid-off consider outplace-ment services a mutually agreeable refer-ence letter and perhaps access to thefirmrsquos resources or referral networks sothey can actively seek other employmentFor employees who are retained and pos-sibly required to assume additional re-sponsibilities for the same or less paythink about new benefits you can offerthem such as additional training andsupport
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 19
TERMINATIONS OR LAYOFFS ARE ABOUT LOSS BUT THEY ALSO CREATE OPPORTUNITYFOR US AS LEADERS AND MANAGERS
JAM
ESTH
EW
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Use aspects authoritative leadership toreinforce the notion that difficult deci-sions are inevitable that assuming issuesassociated with terminations or downsiz-ing will solve themselves over time is irre-sponsible It is important not be per-ceived as laissez-faire in yourmanagement capacity and to clearly es-tablish that while difficult the decisionsmust be respected
We are expected to possess the skills toproperly and compassionately deliver badnews to staff As managers it is our dutyto be knowledgeable of how people willreact and deal with the ramifications ofour actions Often the problems in work-force reductions arise when people donrsquotsee logic in why they were laid off andothers kept their jobs People draw theirown conclusions
I know first-hand that remaining stafftypically formulate their own complextapestry of reasons to explain why some-one has been let go These conclusionscanrsquot include aspects of the decision-mak-ing process to which they are not privy
It is counter-productive however toargue with this mentality as they are typ-ically emotionally driven conclusions Ra-tionalization may serve to further fuel thefire of distrust of management
However we cannot ignore it entirelyeither We will need to address the ru-mours and speculation either as a groupor one-on-one
Terminations or lay-offs are aboutloss but they also create opportunityfor us as leaders and managers Ourwords and actions can inspire loyaltyand enthusiasm Vision and authoritymake great bedfellows in any leaderrsquosarsenal of tools but sustainable law-firm profitability and excellence takes aconcerted effort on any managerrsquos partto become and remain the leader that isthe glue in the firmrsquos organizationalculture
Leaders must be honest and trans-parent about current conditions whilstremaining positive and reassuring En-gage Consulting Solutions in its publi-cation Engaging Employees in Uncertain
Times suggests that you must counteractpervasive negativity by providing clear
consistent messaging about the firmrsquosreality regardless of the reality In addi-tion focusing on programs that pro-mote recognition employee wellnesslearning and development are also seenas crucial to reducing the uncertaintywhile increasing retention and engage-ment
The July-August 2009 issue of The
Harvard Business Review lists new requiredleadership skills particularly vital in ourclimate of economic uncertainty 1) Foster Adaptation ndash For instance de-
velop ldquonext practicesrdquo in addition tocontinuing with current best practices
2) Embrace disequilibrium ndash While thisseems to depart from traditional lead-ership efforts to create a harmoniousequilibrium it is suggested you keepstaff in a state that creates enough dis-comfort to induce change but not somuch that they fight flee or freeze
3) Generate leadership ndash Give employ-ees at all levels of the organizationthe opportunity to lead departmentsor firm initiatives that will help itadapt to changing timesA suggestion to Administrators and
HR managers struggling with difficult sit-uations Ensure you take care of yourselfthroughout these dynamic times Cam-bridge Leadership suggests that you 1) Give yourself permission to be both
optimistic and realistic2) Find sanctuaries where you can reflect
on events and gain perspective 3) Reach out to trusted confidants with
whom you can speak openly 4) Bring more of your emotional self to
the workplace noting that appropriatedisplays of emotion can effect change
5) Do not lose yourself in your role nordefine yourself through a single en-deavourThrough these uneasy times we must
skillfully balance the profitability of thepartnership with a healthy organizationalclimate for the firm
They are not mutually exclusive dur-ing economic uncertainty but do requirecareful planning and actions by law firmmanagers to advance our stature withinthe decision-making process to that of alaw-firm leader
dentials except for affidavits and orders Efficient ndash Law firms will like the ease
and convenience as well as the effi-ciencies gained E-Filing allows you tofile retrieve and electronically searchfiles from your office or home It sim-plifies document preparation for of-fices by eliminating the need to printand prepare multiple copies of docu-ments for filing After submitting your documents you
can check on the status at any time sim-ply by logging in at CSO If requestedCSO will automatically send an e-mailnotification as soon as the registry hasprocessed the document
Once the registry accepts the e-Fileddocument it is electronically stampedYou can then download the documentfor your files Enviromental ndash E-Filing can offer a
greener solution for offices by eliminat-ing the need to print and prepare mul-tiple copies of documents for filing As a result your office can use less
paper E-Filed documents do not need tobe physically transported thereby reduc-
BC Court E-Filing from Page 10
Topics 20
ResourcesE-Filing is available for most types of docu-
ments For e-Filing rules refer to SupremeCourt Rule 69 which is athellip
lthttptinyurlcomnasoj9gthellipand Small Claims Rule 22 located
at lthttptinyurlcoml7ch8ggtThere are quite a few Rules on each of these
web pages so once you arrive use your brows-
errsquos Find command to quickly search the page
for the text Rule 69 in the one case or Rule22 in the other
You can register for a CSO account online
through the CSO website atltwwwcourtservicesonlinegovbccagtor if you are a BC OnLine user through BC
OnLine at
lthttpswwwbconlinegovbccagtPlease visit Court Services Online at
wwwcourtservicesonlinegovbcca Questions can be e-mailed to
CourtsCSOgovbcca
E-Filing to Page 21
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
By Michael J Anderson Principal Innovative Consulting
Sometimes whenwe have our
heads down justploughing awaythrough the fires onour desk we losesight of the funda-mental things thatwe should do togrow our practices
Wersquore not talkingabout huge expensive or complex mar-keting strategies here We are just remind-ing you of the basics Several of you prob-ably already do many of these thingsseveral of you probably plan to do manyof these things Our hope is that this listwill remind you of what it takes to expandyour practice and spur you on to turnyour best intentions into best practicesWe also hope that you will gain some newideas and insights
The following in no particular order
is provided as a checklist for what youmight want to do to become more profitable
1Get out of the office Every great RainMaker will tell you that you must meet
with your current and potential clients of-ten either on their turf or on neutralground
2The old 8020 rule still applies Yes 80of your new work will probably come
from 20 of your current clients Do youknow which of your clients provide youwith the most work If you do how areyou building on that relationship We seetoo many firms and lawyers spendinggobs of time and money trying to attractan elusive new big client Your best tar-get for success is the client you alreadyknow and who already knows you
3Just say ldquoNordquo Being fearful of whereour next file will come from makes us
want to accept every possible bit of workthat might come in the door whether thework is profitable whether we have goodprospects for getting paid whether it is anarea of law in which we are comfortableor whether our time could be better spentattempting to land the work that we reallywant at rates that will help us to succeedIt seems to be the credo for many lawyersthat ldquoThey have never met a dollar theydidnrsquot likerdquo Instead ldquoFocus on the goodstuffrdquo as professional-business consultantDavid Maister would say
4Budget your time and money Typically alawyer works about 2500 hours each
year roughly split between 1400 billablehours and 1100 non-billable hours Thenon-billable time is broken into segmentsfor management associate training per-sonal education research and marketingWe suggest that every lawyer allows forabout 600 hours per year for marketingtheir practice with a marketing budget ofbetween 2 and 5 of their gross rev-enues The marketing should include ad-vertising website creation and mainte-nance marketing-skills training andclient promotion-among other things
5Get involved We have a moral duty togive back to our communities
Choose a charity community group po-litical organization or business associa-tion that you enjoy and is important toyou Many of these types of groups are
looking to add a lawyer or two to theirboards In addition to contributing to agreater common good you will also net-work with other successful business peo-ple
6Market internally Ensure that everyonein your firm knows all of the facets of
the work you are capable of handling theareas in which you are looking to expandand your availability to handle the workAsk your partners about possible cross-selling opportunities Since cross-selling isa two-way street look at your own clientlist for possible situations to offer yourpartners For younger lawyers internal
marketing is possibly the only marketingthat they can do as their peer group hasnot yet risen to positions or situationswhere they can direct legal files to theirfriends Every young lawyer should askthe more senior members of their firm forwork on a weekly basis A lot of work willtransfer down to them if they prove theycan handle it
ing fuel consumption and its environ-mental impact Inexpensive ndash An office can reap sav-
ings from e-Filing through reducedprinting costs as well as reducedcosts from delivering documents tothe registry particularly when fil-ing beyond the local registry There is a $7 e-Filing transaction
fee per filing package regardless ofwhere the document is filed A filingpackage is any number of documentsbeing e-Filed to the same court file atthe same time The transaction feeand any applicable statutory filing feesare paid online through a BC OnLine
deposit account or with a credit card With all of these positive reasons
to e-File why not give it a try Go on-line today to view a demonstration ofhow to e-File to an existing court fileor how to use e-File to start a newcourt file
15 ideas for improving your practice
BC Court E-Filing from Page 20
21Topics
Michael Anderson
HOW DO FIRMS USE ON-LINEVIDEO TO VIEW AN
EFFECTIVE USE OF THISMEDIUM VISIT TORYrsquoS
WWWTORYSCOMVIDEOCENTERPAGESDEFAULTASPX
SINCE CROSS-SELLING IS ATWO-WAY STREET LOOK ATYOUR OWN CLIENT LIST FOR
POSSIBLE SITUATIONS TOOFFER YOUR PARTNERS
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
7Go to school Many lawyers can benefitgreatly from marketing training or
personal coaching In the old days a se-nior partner would grab an associate bythe scruff of the neck drag them toclient lunches and warn them to just sitthere keep their mouth shut and learnAnd they did learn Similarly we needto develop ways to share the marketingskills that already reside within ourfirms especially for our youngermembers
8Create a ldquoDream Listrdquo In aperfect world who
would you have as clientsand what type of workwould they send you Onceyou have the list startstrategizing on how youcan get an introductionand what you would saywhen you finally meetthem Why should theyhire you What will set youapart from your competi-tion After all many clientsfeel that most lawyers arethe same ndash they point tolaw firm websites andbrochures where you willsee that most of them at-tempt to sell ldquoBetter Fasteramp Cheaperrdquo Differentiateyourself Innovate
9Research Do you trulyunderstand your clientsrsquo
core needs What issueskeep them awake at nightand what can you do tohelp them Use the Inter-net to gather informationabout your current and po-tential clients Use that datato customize your proposalto them This demonstratesan understanding of theirbusiness and a commitment tohelp them enhance it
10CRM Institute a Customer Relation-ship Management program that will
track who when how and what the nextsteps are in your marketing strategy A sim-ple and inexpensive option like MicrosoftOutlook or a more legal-specific option like
Amicus Attorney will get your started
11Write write and write some more Createa perception of expertise by writing
topical articles and getting them pub-lished in relevant print or online maga-zines newsletters and blogs
12Leverage your writing Create a mailingor even better an e-mailing list of
clients and potential clients and send
them copies of the articles that you writeThe goal is to have them say ldquoThis onesure seems to know their stuffrdquo Thenhave the article placed in a strategic loca-tion on your website so that visitors will
also see that you have expertise Take itone step further and create a seminarpresentation or speech using the article asthe basis Undertake each at the personalgroup or firm level ndash or all of the above
13Leverage your people How many timeshave we heard ldquoPush the work
down and free your time to do the moreimportant stuffrdquo Why do many of us still
resist that strategy Whether you are ina large firm with associates or a
sole practitioner with parale-gals use junior practitionersto a greater degree Usingleverage will make youmore profitable and freeyour time for more impor-tant things
14Web support Amongother things websites
are the brochures of the newmillennium Is your websitesupporting your marketingefforts or is it just a neces-sary expense The most ef-fective sites have a lot incommon they are builtfrom a clientrsquos point of viewthey are informative and ed-ucational they display yourexpertise they have person-ality they are well ldquotaggedrdquoto be picked up in Googletype searches and usevideos effectively
15 Discipline Sometimesour best intentions lack thediscipline to carry out whatwe know we need to doDevelop a strategy with atimetable to accomplish theplan Start with this check-list and add to it as youprogress along the road to
growing your practice Wehope that this will help you to
focus on the issues that are mostimportant for you and your firm go-
ing forward
Michael J Anderson is a principal in Inno-
vative Consulting Hersquos based in Vancouver and
can be reached at 6042724222 or at
andersoninnovativeconsultingca
Topics 22
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
SUMMER 2009
Editor Stephanie MarshManaging Editor Designer Peter Morgan
This issue is also available in PDF format atlthttpwwwbclmaorggt
Topics Archive amp Indexlthttpwwwbclmaorggt
Editorial copy 2009 BCLMA CANADA
Published by MORGANNewsletters 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 BC It is the BCLMA lsquos goal toprovide educational and networking opportunitiesto 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
NEWSLETTER SERVICES
TOPICS is a public newsletter We will be pleased toadd you to our mailing list for this newsletter Pleasecontact the Editorial Committee Chair or any mem-ber of the Editorial Committee listed on the left forcomments on any of these articles or to offer sugges-tions for articles in future issues or for adjustments tothe circulation list Comments are always welcome
REPRODUCTION RIGHTS
Topics is copyrighted however we encourage you tocirculate or copy this material unmodified for yourown internal or private use You may freely quoteany article or portion of article but it must be ac-companied by attribution Quoting any article orportion of article without attribution is prohibitedThe newsletter its contents or its material may notbe sold intact or modified nor included in anypackage or product offered for sale
EXECUTIVE Stephanie Marsh President
Fasken Martineau2900 550 Burrard StreetVancouver Canada V6C 0A3D 6046314767F 604-631-3232SMarshFaskencom
Jan Whyte Vice-President
Murphy Battista2020 650 West Georgia StreetVancouver BC V6B 4N7D 6046333811F 604-683-5084WhyteMurphyBattistacom
Gary Carter Director
Paine Edmonds LLP1100 510 Burrard StreetVancouver BC V6C 3A8P 6046831211F 604-681-5084GCarterPaine-Edmondscom
Cindy Hildebrandt Director
Richards Buell Sutton LLP700 ndash 401 West Georgia StreetVancouver BC V6B 5A1P 6046823664D 6046619267F 604-688-3830CHildebrandtrbsca
Evenna Liu Director
Oyen Wiggs Green amp Mutala LLP480 ndash 601 Cordova Street WVancouver BC V6B 1G1D 604-676-9074F 604-681-4081ELiuPatentablecom
Barb Marshall Director
Fasken Martineau2900 ndash 550 Burrard StreetVancouver BC V6C 0A3D 6046314991F 604-631-3232BMarshallFaskencom
Angela Zarowny Treasurer
Direct 6043510124azanddzShawca
Jane Kennedy Administrator amp Membership Services
BCLMA
PO Box 75562RPO Edgemont VillageNorth Vancouver V7R 4X1P 6049881221F 604-988-1221MembershipBCLMAorg
SUBSECTION LEADERS
Facilities amp Service ManagementJanice McAuley Co-Chair
Lawson Lundell LLP1600 ndash 925 West Georgia StreetVancouver Canada V6C 3L2D 604-631-9254F 604-669-1620JMcAuleyLawsonLundellcom
Lorraine Burchynsky Co-Chair
Boughton Law CorporationSuite 700 ndash 595 Burrard StreetVancouver Canada V7X 1S8D 6046474162P 6046876789F 604-683-5317LBurchynskyBoughtonca
FinanceSheila Tham Co-Chair
Watson Goepel Maledy LLP1700 ndash 1075 West Georgia StVancouver BC V6E 3C9P 6046881301F 604-688-8193SThamWGMlawcom
Linda Lucas Co-chairDavis LLP2800 Park Place 666 Burrard StVancouver BC V6C 2Z7D 6046436305F 604-687-1612E LLucasDavisca
Human ResourcesTina Giallonardo Chair
Miller Thomson LLP1800 840 Howe StVancouver BC V6Z 2M1P 6046872242F 604-643-1200TGiallonardoMillerThomsonc
Knowledge ManagementGreg Christensen Chair
Fasken Martineau2900ndash550 Burrard StreetVancouver Canada V6C 0A3D 6046314993F 604-631-3232GChristensenFaskencom
MarketingRecruiting
Small FirmsSharon Kwong Wah Chair
Young Anderson1616 ndash 808 Nelson StreetVancouver Canada V6Z 2H2 D 604-689-7400F 604-689-3444KWongWahLYAbcca
TrainersRuth-Ann Spencer Co-Chair
Bull Housser amp Tupper LLP 3000 1055 West Georgia Street Vancouver BC V6E 3R3 D 6046414921 F 604-646-2638 RASBHTcom
Lisa Dick Co-Chair
Fasken Martineau 2900ndash550 Burrard Street Vancouver V6C 0A3 P 6046313131 F 604-631-3232 LDickFaskencom
Technology Aaron Fahlman Co-Chair
Fasken Martineau2900 550 Burrard StreetVancouver Canada V6C 0A3D 6046314960F 604-631-3232AFahlmanFaskencom
Aaron Zuccolin Co-Chair
Watson Goepel Maledy LLP1700 ndash 1075 West Georgia StreetVancouver BC V6E 3C9 D 6046425661F 604-688-8193AZuccolinWGMlawcom
EDITORIAL COMMITTEE
Bob Waterman Chair
Richards Buell Sutton LLPD 6046619241F 604-688-3830BWatermanRBSca
Stephanie Marsh Editor
Fasken Martineau2900 550 Burrard StreetVancouver Canada V6C 0A3D 6046314767F 604-631-3232SMarshFaskencom
Mike BowerbankBurnabyMikeYahoocom
Lorraine BurchynskyBoughton Law CorporationSuite 700 ndash 595 Burrard StreetVancouver Canada V7X 1S8D 6046474162P 6046876789F 604-683-5317LBurchynskyBoughtonca
Paula ButlerBarrister amp Solicitor200 100 Park RoyalWest Vancouver BC V7T 1A2P 6047820373F 604-983-0372PButlerPaulaButlercom
Tim WurtzBaker Newby LLP9259 Main StChilliwack BC V2P 6K2P (1) 6047921376F (1) 604-792-8711TWurtzBakerNewbycom
BCLMA EXECUTIVE amp SECTION LEADERS
DENN
ISCO
X
BC Legal Management Association
By Mike Bowerbank
In the olden days ndash you know way backwhen Windows 95 was new and crash-
ing computers ndash your social network con-sisted of friends you hung out with andtalked to in person
Face to face Can you believe thatIn 1995 the first large social
networking site sprang upClassmatescom gave people anew way to relive those awk-ward high-school moments It
also enabled visitors to see if thecaptain of the rugby team still had hairand his own teeth
It was more of a way to capitalize onnostalgia with a specific group of peopleso one could argue about just how muchof a social network it really was
The first of what we associate with so-cial-networking sites today was launchedin 2000 Friendstercom grew quickly andbecame so popular that it spawned sever-al copycat sites including MySpace (2003)and Facebook (2004) both of which havesurged ahead of Friendster in popularity
All of these sites allow you to post aprofile that includes all of your personaland contact information show off pic-tures of your kids and make the entireonline world aware of your happeningsSuch sites quickly became the way to stayin touch with people without ever havingto you know actually see them or talk tothem
The great thing about these sites is theease with which we can keep in touch
with people despite our time-crunched lives Rather thanphone or meet with the peoplein your life you can simplyupdate your page with yourlatest news and pictures so
that everyone can see them at onceYou can also play games take quizzesand interact with people from all over theworld
Some businesses are using social-net-
working sites tobuild their brandimage and tomaintain contactwith like-mindedcompanies andclients
One site in par-ticular LinkedIn isgeared specificallyfor professionalsand entrepreneurs and now boasts morethan 36 million members in 200 countries
GONE PHISHINGThere is a problem prevalent on e-
mail known commonly as lsquophishingrsquo
Phishing occurs when a fraudulent mes-sage urges you to visit an internet link toverify passwords account information orother personal or private details
Your participation provides crookswith access to your bank accounts for in-stance which they promptly empty
Other thieves donrsquot need to phish bye-mail thanks to social networking Mostpeoplesrsquo passwords for their logins orbank accounts are the names of their kidsor pets PIN numbers are often signifi-cant dates such as birthdays and anniver-saries If that type of information is post-ed on your Facebook page it is literally avirtual bonanza for thieves
Social networking sitesalso seem to appeal to sexu-al predators so keep an eyeon your children as theyuse these types of sites
According to Wikipediathere are now over 200 so-
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
15NOT-SO-SOCIAL NETWORKING
When I was a kid we had Windows 95and we talked to people ndash and we liked it
Topics
zsaca I 1-877-681-0706
Elizabeth Borrill I eborrill zsaca
in change
Wersquore yourpartner
Mike Bowerbank
cial-networking sites online and manypeople are on more than one
FACE TO FACEBOOKFacebook has become the most popu-
lar social-networking application Morethan 200-million users take quizzes up-load pictures contact long-lost friendsand post status updates letting peopleknow what theyrsquore doing from day today
Prospective employersalso use Facebook to look upapplicants Remember thatcandidate who was dressedto impress in your office dur-ing the interview andseemed so eloquent Thatrsquosthe same guy whose Face-book profile photo showshim passed out on the street wearing atutu with a status update that reads Party
Naked
Personal-injury lawyers use Facebookto disprove disability claims One case in-volved a person on leavefrom work because theyclaimed they were toosore to use a computerBy logging onto Face-book opposing lawyerswere able to dispute theclaim by demonstratinghow the injured personused computers regularlyto update their Facebook page Policehave used both MySpace and Facebookto check for probation violations andweapons being brandished in public
If you think your profile is only opento other Facebook users think again OnJune 12th Facebook enabled your profilepage to be viewed as a web page Theformat is wwwfacebookcomusernameand you no longer need a Facebook ac-count to view a memberrsquos profile page
TWITTER TWEETS AND TWITSJust when you thought Facebook had
taken things far enough into the ldquotoomuch informationrdquo realm along came anapplication that is the new killer appTwitter is basically a bare-bones text-based social application made with cell
phones and Blackberries in mind Youbroadcast short messages (140 charactersmaximum) known as tweets to yourworld
Twitter has become the third most-popular social-networking applicationbehind Facebook and MySpace respectively
Twitter like all social applications hassome good practical uses For examplein this recent election in Iran Twitter be-
came the organizing tool of choice for thepro-reformist camp using it to makeprotest arrangements and send globalmessages slipping these past censors(The Iranian government promptly re-
sponded by blocking Twitter and Face-book in the country showing the vulner-ability of both mediums)
While the horrific scene unfoldedduring the 2008 Mumbai attacks in In-dia an estimated 80 tweets were sent ev-ery five seconds People on the scene ofthis terrorist bombing and shooting usedtheir tweets to help compile a list of ca-sualties and to broadcast the location ofhospitals that needed blood donations
In the legal world Twitter allowslawyers in court to provide minute-by-minute information to other lawyers backat the firm This enables assisting lawyers toprepare appropriate materials as needed
With those notable exceptions ac-knowledged one canrsquot help but comparethe pragmatic uses to the vast majority of
Twitter users who consider standing inline at Tim Hortonrsquos post-worthy or thatthere is a terrible smell coming from theirfridge Twitter is used mostly as a narcis-sistic tool so that the world can know ofyour daily happenings ndash sort of a way tobe the star of your own reality show
LIKE OMGSocial networking can be fun and
useful if used sparingly and casually In-stead of getting out andmeeting each other peopleare using social networkingsites to look for love com-panionship and even extra-marital affairs And theysay romance is dead
If you joined Facebookjust to see what your kids
are up to be forewarned that you mightactually find out and wish you hadnrsquot
Donrsquot spy on your kids talk to themYou know with actual spoken words likethey used to do way back in the 20th
CenturyWhen your com-
puter screen becomesyour main window tothe world and literallybecomes your sociallife you might be ad-dicted Such an addic-tion is as serious as-andno easier to overcome
than-other addictions like gambling As the world becomes increasingly
connected it seems that people in societybecome increasingly isolated socially Itrsquosthe paradox of modern communicationand contributes to a large part of the rea-son why Generation Yndash the Millennials ndashusually excels at technology but generallylacks in social skills
If this trend continues and more peo-ple live online good social skills may endup as extinct as the 525rdquo floppy driveand the game Pong
I know Irsquom writing some things towhich online addicts may object but Idonrsquot expect to hear from them aboutit
They only read things that are 140characters or less OMG LOL
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 16
PHILI
PBA
RKER
ART
IST
When the Vancouver OrganizingCommittee for the 2010 Olympic
and Paralympic Winter Games (VANOC)sets up its on-the-ground operations inearnest this fall and winter itrsquoll be mak-ing room in a downtown Vancouver ho-tel in early February for a special Gamesdivision of the Court of Arbitration forSport (CAS) supervised by a city lawyerwho is well-known in the Olympicsmovement
The International Council of Arbitra-tion for Sport (ICAS) which is based inLausanne Switzerland is the fund-rais-ing and administrative body that tookover from the International OlympicCommittee as the Courtrsquos supervisory organization
The IOC launched the court in 1984to settle disputes amongst its sports feder-ations but within its first decade theIOC became increasingly criticized forthe strength of its influence over thecourt The ICAS was formed in the mid-1990s to create independence and an ad-ministrative structure for the courtrsquos in-creasing activities
Three permanent courts exist ndash Lau-sanne Switzerland (where the IOC isalso headquartered) New York and Syd-ney Australia But the ICAS also estab-lishes ad hoc courts such as the one forthe 2010 Games as needed The CASuses about 300 arbitrators from 87 coun-tries and handles about 200 cases a year
The CAS for the Olympic portion ofthe 2010 Winter Games will include ninelawyers acting as arbitrators to operatein the Renaissance Vancouver HotelHarbourside at 1133 West HastingsStreet from February 2 10 days beforethe start of the Games to February 28the day of the Olympic Closing Ceremo-ny
The Renaissance is one of three bigdowntown Vancouver hotels ndash includingthe Bayshore and the Pinnacle a corpo-rate sister of the Renaissance that is locat-
ed right across West Hastings street aswell as the Vancouver Club ndash thatVANOC is taking over completely duringthe Olympic portion of the Games sothey can be used by the IOC and its re-lated organizations
On March 26 the ICAS formally ap-pointed Tricia Smith ndash Vancouverlawyer and partner of Barnes Craig ampAssociates ndash as its liaison officer withVANOC In this role Smith will carry re-sponsibility for the relationship and com-munication between ICAS CAS andVANOC between now and when theOlympic portion of the Games wraps upin early March
Smithrsquos legal experience communityinvolvement and sports backgroundmake her an excellent candidate for thisrole
Although her law practice focuses onmanaging claims for liability insurers andproviding risk-management consultingshe is also a sports arbitrator with anabiding interest in the Olympics
Smith has been a member of the ICASsince 2001 She was unsuccessful in aclosely fought contest with Marcel AubutQC OC a Quebec City-based lawyerwith Heenan Blaikie in a bid this pastspring to replace the Canadian OlympicCommitteersquos (COC) current presidentMichael Chambers when his term endsafter the 2010 Games she will remain onthe COCrsquos Executive Committee as theorganizationrsquos vice president workingfirst with Chambers later with Aubut
Smith is also a four-time Olympianand medallist in rowing the founder andpast president of Olympians BC and vicepresident of its parent organizationOlympians Canada
Smith remains a member of the Exec-utive Committee of the InternationalFederation of Rowing Associationswhich is also headquartered in Lausanneand chairs its Womenrsquos Rowing Cross-Commission
She is also a former member of theBoard of 2010 Legacies Now which wasoriginally formed by the BC govern-ment to be the armrsquos-length implementerof several major social goals of the gov-ernment connected with the Games
Although 2010 Legacies Now contin-ues to work on those goals with the helpof various companies connected to the2010 Winter Games and others and al-though it receives the majority of its fund-ing from Victoria it is now a fully inde-pendent society
The CAS usually involves panels ofthree arbitrators each and they deal witha wide range of issues involving the intri-cacies of relationships between the nu-merous international sports federationsthat the IOC supports through fundsgenerated by sponsorships and Olympicgames and it often deals as well with ap-peals from decisions by the federationsthat affect their athletes
Its work in the controversial field ofanti-doping gives the CAS its highest visi-bility For example just this past June itworked out the appropriate suspension ofGerman ice-hockey player FlorianBusch who made the mistake last De-cember of refusing to provide a urinesample when a doping-control officerknocked on his apartment door a sur-prise test is a known and standard part ofthe International Ice Hockey Federa-tionrsquos procedures for out-of-competitiontesting
Though he took the test a couple ofhours later and it was negative forbanned substances it was too late Therewas a plethora of subsequent legal argu-
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 17BAIRNES CRAIGrsquoS TRICIA SMITH TO SUPERVISE
A sophisticated new court will be set up indowntown Vancouver for the 2010 Games
ments and appeals from various bodiesabout which one should sanction himand for how long
The CAS sorted through the compet-ing claims and ruled that he would re-ceive a two-year suspension effectivelypreventing him from competing in the2010 Games
Perhaps one of its most famous caseswas a decision to uphold a life-time banon taking part in Olympic winter gamesimposed by the IOC against three of fourmembers of the Austrian Nordic skiingteam attending the Torino Italy WinterOlympics in 2006 for allegedly sharingldquocomplicity to violate anti-doping rulesrdquo
Eventually the CAS court commuteda similar ban to the fourth member of theteam to a four-year suspension ndash it endsjust after the 2010 Games ndash after review-ing his lesser role in the affair
When the Olympic Games are under-way the Athlete Villages in Vancouverand Whistler and any separate apart-ments used by Olympic athletes theirteam coaches and related officials have akind of diplomatic separation from thecriminal laws of the host country when itinvolves things such as drugs where con-victions in some countries carry thedeath penalty The IOC as part of itsthicket of legal agreements with hostcountries obtains the authority to lookafter anti-doping cases on its own termsduring the Games The deal usually in-volves the local police going in with IOCinvestigators each with their own juris-diction
The cases can be deadly serious Theanti-doping case that involved the CASstemmed from a joint IOC-Italian policeraid on the rooms of the Austrianbiathlon and cross-country squads onFebruary 18 2006 in the teamrsquos privatequarters in the Italian Alps while theTorino Games were underway
The IOC later reported that 80 medi-cal devices including advanced medicalequipment were found in the apartmentalong with used syringes blood bagsblood-transfusion equipment and evenbloody handkerchiefs
In 2010rsquos case once the Games arefinished the CAS court goes too
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 18FIRM LEADERSHIP THROUGH UNCERTAIN TIMES
Leading your firm through the difficultdilemma of terminations or layoffsBy Tim Wurtz Administrator Baker Newby LLP
Our profession and the world at largebuzzes with the employment impli-
cations of our general economic slow-down Whether you face small adjust-ments to your work force or a larger scalelayoff to control that salary expense lineitem leadership before during and afterany termination plays a central role inhow your firm will weather any fallout asa result of constraints to your work force
LawShuckscom reports that 125 ma-jor law firms around the globe have an-nounced or conducted layoffs The com-bined total is 10723 people 4015lawyers and 6708staff Most law firmson that list thank-fully do not haveany significant rec-ognizable namesfrom our BCLMAnetwork however all local firms whospoke with me are cautiously managingtheir salary expenses
While most research and surveys thatexamine the long-term effects of downsiz-ing indicate that companies that cut staffend up disappointed with the resultsmany of us will face formulating staffingstrategies to control costs Layoffs mayserve a short-term need but create largerlong-term issues Nonetheless we mustmanage and lead as directed by our Part-nership or Managing Committees
I am sure my fellow Administratorsand HR Managers will agree that an im-pending termination on any scale canconsume the workday We complete thenecessary forms derive suitable severancepackages develop plans to reassign workor alternatively reinvigorate the recruit-ment process to find a suitable replace-ment While we focus on the person orpersons being terminated we might over-look and forget or ultimately deny an im-portant aspect of the overall process ndash the
employees we keepThe Law Practice
Today section in theJanuary edition ofthe ABA Law Prac-tice Management in-cluded an article byJaffrey C Connerconcisely summariz-ing the point that fu-ture success of a firm depends largely onthe leadership of management after anylayoffs have been made
The workplace mood becomessomber People ask themselves ldquoAm Inextrdquo There will be a significant amount
of distrust of man-agement and anxi-ety over subsequentjob losses Thesefeelings must betempered by astrong unified mes-
sage from Management It is reasonableto admit the future is uncertain and thatevery effort will be made to ensure astrong and viable law firm well into thefuture Also tell the staff that this uncer-tainty will undoubtedly result in difficultdecisions after every possible alternativehas been considered
Terminating employees is a decisionthat is never made lightly To be an effec-tive leader you need to reinforce that alloptions were considered prior to layoffsUnder conditions of economic uncertain-ty the contribution of leadership is notsimply to inspire or build confidence butrather to solve problems and make ap-propriate strategic decisions
I learned an important lesson at lastyearrsquos BCLMA Conference Peter deJager a specialist in Change Manage-ment said in the closing session ldquoPeopleactually are not resistant to change theyare resistant to the way change is broughtaboutrdquo
Some employees consider termina-
Tim Wurtz
ALL LOCAL FIRMS ARECAUTIOUSLY MANAGINGTHEIR SALARY EXPENSES
tions or layoffs as drastic and developstrong feelings against managementLeaders must remain aware of the per-ceptions of their Partnership BoardManagement ndash and staff All three groupsinfluence a leaderrsquos ability to implementchange specifically to bring about signifi-cant staffing reassignments
Much literature exists about the dis-tinction between leaders and managerswith leaders having vision and creativityand managers focusing on improving ef-ficiency Leaders should exercise dili-gence toward gaining an understandingof their capacity within the organizationto properly apply leadership theories ifappropriate
During uncertain times we need tothink about adaptive and situational lead-ership-the right person with the rightstyle for the right situation Mining theInternet and academic journals for de-scriptions of leadership styles yields hun-dreds of words typically used to describe
a vast variety of leadership traits andtechniques
Two styles reside on opposite ends ofthe spectrum Visionary Leaders and Au-thoritative Leaders A visionary leaderpossesses a charismatic personality em-braces a democratic approach to the de-cision-making process and tries to en-gage staff in ongoing strategic initiatives
An authoritative leader prefers au-tonomous control over decision-makingmotivates employees using various formsof intimidation shows reluctance at relin-quishing control and fails to actively seekfeedback throughout management pro-cesses During difficult and emotionalstaff terminations and re-assignments theenormous grey area between these two
styles is required to carefully steer yourship through difficult waters
Use components of visionary leader-ship to bring employees into the world ofdecision-making Solicit ideas Listen towhat staff say when you introduce cost-saving measures For employees who areterminated or laid-off consider outplace-ment services a mutually agreeable refer-ence letter and perhaps access to thefirmrsquos resources or referral networks sothey can actively seek other employmentFor employees who are retained and pos-sibly required to assume additional re-sponsibilities for the same or less paythink about new benefits you can offerthem such as additional training andsupport
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 19
TERMINATIONS OR LAYOFFS ARE ABOUT LOSS BUT THEY ALSO CREATE OPPORTUNITYFOR US AS LEADERS AND MANAGERS
JAM
ESTH
EW
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Use aspects authoritative leadership toreinforce the notion that difficult deci-sions are inevitable that assuming issuesassociated with terminations or downsiz-ing will solve themselves over time is irre-sponsible It is important not be per-ceived as laissez-faire in yourmanagement capacity and to clearly es-tablish that while difficult the decisionsmust be respected
We are expected to possess the skills toproperly and compassionately deliver badnews to staff As managers it is our dutyto be knowledgeable of how people willreact and deal with the ramifications ofour actions Often the problems in work-force reductions arise when people donrsquotsee logic in why they were laid off andothers kept their jobs People draw theirown conclusions
I know first-hand that remaining stafftypically formulate their own complextapestry of reasons to explain why some-one has been let go These conclusionscanrsquot include aspects of the decision-mak-ing process to which they are not privy
It is counter-productive however toargue with this mentality as they are typ-ically emotionally driven conclusions Ra-tionalization may serve to further fuel thefire of distrust of management
However we cannot ignore it entirelyeither We will need to address the ru-mours and speculation either as a groupor one-on-one
Terminations or lay-offs are aboutloss but they also create opportunityfor us as leaders and managers Ourwords and actions can inspire loyaltyand enthusiasm Vision and authoritymake great bedfellows in any leaderrsquosarsenal of tools but sustainable law-firm profitability and excellence takes aconcerted effort on any managerrsquos partto become and remain the leader that isthe glue in the firmrsquos organizationalculture
Leaders must be honest and trans-parent about current conditions whilstremaining positive and reassuring En-gage Consulting Solutions in its publi-cation Engaging Employees in Uncertain
Times suggests that you must counteractpervasive negativity by providing clear
consistent messaging about the firmrsquosreality regardless of the reality In addi-tion focusing on programs that pro-mote recognition employee wellnesslearning and development are also seenas crucial to reducing the uncertaintywhile increasing retention and engage-ment
The July-August 2009 issue of The
Harvard Business Review lists new requiredleadership skills particularly vital in ourclimate of economic uncertainty 1) Foster Adaptation ndash For instance de-
velop ldquonext practicesrdquo in addition tocontinuing with current best practices
2) Embrace disequilibrium ndash While thisseems to depart from traditional lead-ership efforts to create a harmoniousequilibrium it is suggested you keepstaff in a state that creates enough dis-comfort to induce change but not somuch that they fight flee or freeze
3) Generate leadership ndash Give employ-ees at all levels of the organizationthe opportunity to lead departmentsor firm initiatives that will help itadapt to changing timesA suggestion to Administrators and
HR managers struggling with difficult sit-uations Ensure you take care of yourselfthroughout these dynamic times Cam-bridge Leadership suggests that you 1) Give yourself permission to be both
optimistic and realistic2) Find sanctuaries where you can reflect
on events and gain perspective 3) Reach out to trusted confidants with
whom you can speak openly 4) Bring more of your emotional self to
the workplace noting that appropriatedisplays of emotion can effect change
5) Do not lose yourself in your role nordefine yourself through a single en-deavourThrough these uneasy times we must
skillfully balance the profitability of thepartnership with a healthy organizationalclimate for the firm
They are not mutually exclusive dur-ing economic uncertainty but do requirecareful planning and actions by law firmmanagers to advance our stature withinthe decision-making process to that of alaw-firm leader
dentials except for affidavits and orders Efficient ndash Law firms will like the ease
and convenience as well as the effi-ciencies gained E-Filing allows you tofile retrieve and electronically searchfiles from your office or home It sim-plifies document preparation for of-fices by eliminating the need to printand prepare multiple copies of docu-ments for filing After submitting your documents you
can check on the status at any time sim-ply by logging in at CSO If requestedCSO will automatically send an e-mailnotification as soon as the registry hasprocessed the document
Once the registry accepts the e-Fileddocument it is electronically stampedYou can then download the documentfor your files Enviromental ndash E-Filing can offer a
greener solution for offices by eliminat-ing the need to print and prepare mul-tiple copies of documents for filing As a result your office can use less
paper E-Filed documents do not need tobe physically transported thereby reduc-
BC Court E-Filing from Page 10
Topics 20
ResourcesE-Filing is available for most types of docu-
ments For e-Filing rules refer to SupremeCourt Rule 69 which is athellip
lthttptinyurlcomnasoj9gthellipand Small Claims Rule 22 located
at lthttptinyurlcoml7ch8ggtThere are quite a few Rules on each of these
web pages so once you arrive use your brows-
errsquos Find command to quickly search the page
for the text Rule 69 in the one case or Rule22 in the other
You can register for a CSO account online
through the CSO website atltwwwcourtservicesonlinegovbccagtor if you are a BC OnLine user through BC
OnLine at
lthttpswwwbconlinegovbccagtPlease visit Court Services Online at
wwwcourtservicesonlinegovbcca Questions can be e-mailed to
CourtsCSOgovbcca
E-Filing to Page 21
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
By Michael J Anderson Principal Innovative Consulting
Sometimes whenwe have our
heads down justploughing awaythrough the fires onour desk we losesight of the funda-mental things thatwe should do togrow our practices
Wersquore not talkingabout huge expensive or complex mar-keting strategies here We are just remind-ing you of the basics Several of you prob-ably already do many of these thingsseveral of you probably plan to do manyof these things Our hope is that this listwill remind you of what it takes to expandyour practice and spur you on to turnyour best intentions into best practicesWe also hope that you will gain some newideas and insights
The following in no particular order
is provided as a checklist for what youmight want to do to become more profitable
1Get out of the office Every great RainMaker will tell you that you must meet
with your current and potential clients of-ten either on their turf or on neutralground
2The old 8020 rule still applies Yes 80of your new work will probably come
from 20 of your current clients Do youknow which of your clients provide youwith the most work If you do how areyou building on that relationship We seetoo many firms and lawyers spendinggobs of time and money trying to attractan elusive new big client Your best tar-get for success is the client you alreadyknow and who already knows you
3Just say ldquoNordquo Being fearful of whereour next file will come from makes us
want to accept every possible bit of workthat might come in the door whether thework is profitable whether we have goodprospects for getting paid whether it is anarea of law in which we are comfortableor whether our time could be better spentattempting to land the work that we reallywant at rates that will help us to succeedIt seems to be the credo for many lawyersthat ldquoThey have never met a dollar theydidnrsquot likerdquo Instead ldquoFocus on the goodstuffrdquo as professional-business consultantDavid Maister would say
4Budget your time and money Typically alawyer works about 2500 hours each
year roughly split between 1400 billablehours and 1100 non-billable hours Thenon-billable time is broken into segmentsfor management associate training per-sonal education research and marketingWe suggest that every lawyer allows forabout 600 hours per year for marketingtheir practice with a marketing budget ofbetween 2 and 5 of their gross rev-enues The marketing should include ad-vertising website creation and mainte-nance marketing-skills training andclient promotion-among other things
5Get involved We have a moral duty togive back to our communities
Choose a charity community group po-litical organization or business associa-tion that you enjoy and is important toyou Many of these types of groups are
looking to add a lawyer or two to theirboards In addition to contributing to agreater common good you will also net-work with other successful business peo-ple
6Market internally Ensure that everyonein your firm knows all of the facets of
the work you are capable of handling theareas in which you are looking to expandand your availability to handle the workAsk your partners about possible cross-selling opportunities Since cross-selling isa two-way street look at your own clientlist for possible situations to offer yourpartners For younger lawyers internal
marketing is possibly the only marketingthat they can do as their peer group hasnot yet risen to positions or situationswhere they can direct legal files to theirfriends Every young lawyer should askthe more senior members of their firm forwork on a weekly basis A lot of work willtransfer down to them if they prove theycan handle it
ing fuel consumption and its environ-mental impact Inexpensive ndash An office can reap sav-
ings from e-Filing through reducedprinting costs as well as reducedcosts from delivering documents tothe registry particularly when fil-ing beyond the local registry There is a $7 e-Filing transaction
fee per filing package regardless ofwhere the document is filed A filingpackage is any number of documentsbeing e-Filed to the same court file atthe same time The transaction feeand any applicable statutory filing feesare paid online through a BC OnLine
deposit account or with a credit card With all of these positive reasons
to e-File why not give it a try Go on-line today to view a demonstration ofhow to e-File to an existing court fileor how to use e-File to start a newcourt file
15 ideas for improving your practice
BC Court E-Filing from Page 20
21Topics
Michael Anderson
HOW DO FIRMS USE ON-LINEVIDEO TO VIEW AN
EFFECTIVE USE OF THISMEDIUM VISIT TORYrsquoS
WWWTORYSCOMVIDEOCENTERPAGESDEFAULTASPX
SINCE CROSS-SELLING IS ATWO-WAY STREET LOOK ATYOUR OWN CLIENT LIST FOR
POSSIBLE SITUATIONS TOOFFER YOUR PARTNERS
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
7Go to school Many lawyers can benefitgreatly from marketing training or
personal coaching In the old days a se-nior partner would grab an associate bythe scruff of the neck drag them toclient lunches and warn them to just sitthere keep their mouth shut and learnAnd they did learn Similarly we needto develop ways to share the marketingskills that already reside within ourfirms especially for our youngermembers
8Create a ldquoDream Listrdquo In aperfect world who
would you have as clientsand what type of workwould they send you Onceyou have the list startstrategizing on how youcan get an introductionand what you would saywhen you finally meetthem Why should theyhire you What will set youapart from your competi-tion After all many clientsfeel that most lawyers arethe same ndash they point tolaw firm websites andbrochures where you willsee that most of them at-tempt to sell ldquoBetter Fasteramp Cheaperrdquo Differentiateyourself Innovate
9Research Do you trulyunderstand your clientsrsquo
core needs What issueskeep them awake at nightand what can you do tohelp them Use the Inter-net to gather informationabout your current and po-tential clients Use that datato customize your proposalto them This demonstratesan understanding of theirbusiness and a commitment tohelp them enhance it
10CRM Institute a Customer Relation-ship Management program that will
track who when how and what the nextsteps are in your marketing strategy A sim-ple and inexpensive option like MicrosoftOutlook or a more legal-specific option like
Amicus Attorney will get your started
11Write write and write some more Createa perception of expertise by writing
topical articles and getting them pub-lished in relevant print or online maga-zines newsletters and blogs
12Leverage your writing Create a mailingor even better an e-mailing list of
clients and potential clients and send
them copies of the articles that you writeThe goal is to have them say ldquoThis onesure seems to know their stuffrdquo Thenhave the article placed in a strategic loca-tion on your website so that visitors will
also see that you have expertise Take itone step further and create a seminarpresentation or speech using the article asthe basis Undertake each at the personalgroup or firm level ndash or all of the above
13Leverage your people How many timeshave we heard ldquoPush the work
down and free your time to do the moreimportant stuffrdquo Why do many of us still
resist that strategy Whether you are ina large firm with associates or a
sole practitioner with parale-gals use junior practitionersto a greater degree Usingleverage will make youmore profitable and freeyour time for more impor-tant things
14Web support Amongother things websites
are the brochures of the newmillennium Is your websitesupporting your marketingefforts or is it just a neces-sary expense The most ef-fective sites have a lot incommon they are builtfrom a clientrsquos point of viewthey are informative and ed-ucational they display yourexpertise they have person-ality they are well ldquotaggedrdquoto be picked up in Googletype searches and usevideos effectively
15 Discipline Sometimesour best intentions lack thediscipline to carry out whatwe know we need to doDevelop a strategy with atimetable to accomplish theplan Start with this check-list and add to it as youprogress along the road to
growing your practice Wehope that this will help you to
focus on the issues that are mostimportant for you and your firm go-
ing forward
Michael J Anderson is a principal in Inno-
vative Consulting Hersquos based in Vancouver and
can be reached at 6042724222 or at
andersoninnovativeconsultingca
Topics 22
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
SUMMER 2009
Editor Stephanie MarshManaging Editor Designer Peter Morgan
This issue is also available in PDF format atlthttpwwwbclmaorggt
Topics Archive amp Indexlthttpwwwbclmaorggt
Editorial copy 2009 BCLMA CANADA
Published by MORGANNewsletters 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 BC It is the BCLMA lsquos goal toprovide educational and networking opportunitiesto 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
NEWSLETTER SERVICES
TOPICS is a public newsletter We will be pleased toadd you to our mailing list for this newsletter Pleasecontact the Editorial Committee Chair or any mem-ber of the Editorial Committee listed on the left forcomments on any of these articles or to offer sugges-tions for articles in future issues or for adjustments tothe circulation list Comments are always welcome
REPRODUCTION RIGHTS
Topics is copyrighted however we encourage you tocirculate or copy this material unmodified for yourown internal or private use You may freely quoteany article or portion of article but it must be ac-companied by attribution Quoting any article orportion of article without attribution is prohibitedThe newsletter its contents or its material may notbe sold intact or modified nor included in anypackage or product offered for sale
EXECUTIVE Stephanie Marsh President
Fasken Martineau2900 550 Burrard StreetVancouver Canada V6C 0A3D 6046314767F 604-631-3232SMarshFaskencom
Jan Whyte Vice-President
Murphy Battista2020 650 West Georgia StreetVancouver BC V6B 4N7D 6046333811F 604-683-5084WhyteMurphyBattistacom
Gary Carter Director
Paine Edmonds LLP1100 510 Burrard StreetVancouver BC V6C 3A8P 6046831211F 604-681-5084GCarterPaine-Edmondscom
Cindy Hildebrandt Director
Richards Buell Sutton LLP700 ndash 401 West Georgia StreetVancouver BC V6B 5A1P 6046823664D 6046619267F 604-688-3830CHildebrandtrbsca
Evenna Liu Director
Oyen Wiggs Green amp Mutala LLP480 ndash 601 Cordova Street WVancouver BC V6B 1G1D 604-676-9074F 604-681-4081ELiuPatentablecom
Barb Marshall Director
Fasken Martineau2900 ndash 550 Burrard StreetVancouver BC V6C 0A3D 6046314991F 604-631-3232BMarshallFaskencom
Angela Zarowny Treasurer
Direct 6043510124azanddzShawca
Jane Kennedy Administrator amp Membership Services
BCLMA
PO Box 75562RPO Edgemont VillageNorth Vancouver V7R 4X1P 6049881221F 604-988-1221MembershipBCLMAorg
SUBSECTION LEADERS
Facilities amp Service ManagementJanice McAuley Co-Chair
Lawson Lundell LLP1600 ndash 925 West Georgia StreetVancouver Canada V6C 3L2D 604-631-9254F 604-669-1620JMcAuleyLawsonLundellcom
Lorraine Burchynsky Co-Chair
Boughton Law CorporationSuite 700 ndash 595 Burrard StreetVancouver Canada V7X 1S8D 6046474162P 6046876789F 604-683-5317LBurchynskyBoughtonca
FinanceSheila Tham Co-Chair
Watson Goepel Maledy LLP1700 ndash 1075 West Georgia StVancouver BC V6E 3C9P 6046881301F 604-688-8193SThamWGMlawcom
Linda Lucas Co-chairDavis LLP2800 Park Place 666 Burrard StVancouver BC V6C 2Z7D 6046436305F 604-687-1612E LLucasDavisca
Human ResourcesTina Giallonardo Chair
Miller Thomson LLP1800 840 Howe StVancouver BC V6Z 2M1P 6046872242F 604-643-1200TGiallonardoMillerThomsonc
Knowledge ManagementGreg Christensen Chair
Fasken Martineau2900ndash550 Burrard StreetVancouver Canada V6C 0A3D 6046314993F 604-631-3232GChristensenFaskencom
MarketingRecruiting
Small FirmsSharon Kwong Wah Chair
Young Anderson1616 ndash 808 Nelson StreetVancouver Canada V6Z 2H2 D 604-689-7400F 604-689-3444KWongWahLYAbcca
TrainersRuth-Ann Spencer Co-Chair
Bull Housser amp Tupper LLP 3000 1055 West Georgia Street Vancouver BC V6E 3R3 D 6046414921 F 604-646-2638 RASBHTcom
Lisa Dick Co-Chair
Fasken Martineau 2900ndash550 Burrard Street Vancouver V6C 0A3 P 6046313131 F 604-631-3232 LDickFaskencom
Technology Aaron Fahlman Co-Chair
Fasken Martineau2900 550 Burrard StreetVancouver Canada V6C 0A3D 6046314960F 604-631-3232AFahlmanFaskencom
Aaron Zuccolin Co-Chair
Watson Goepel Maledy LLP1700 ndash 1075 West Georgia StreetVancouver BC V6E 3C9 D 6046425661F 604-688-8193AZuccolinWGMlawcom
EDITORIAL COMMITTEE
Bob Waterman Chair
Richards Buell Sutton LLPD 6046619241F 604-688-3830BWatermanRBSca
Stephanie Marsh Editor
Fasken Martineau2900 550 Burrard StreetVancouver Canada V6C 0A3D 6046314767F 604-631-3232SMarshFaskencom
Mike BowerbankBurnabyMikeYahoocom
Lorraine BurchynskyBoughton Law CorporationSuite 700 ndash 595 Burrard StreetVancouver Canada V7X 1S8D 6046474162P 6046876789F 604-683-5317LBurchynskyBoughtonca
Paula ButlerBarrister amp Solicitor200 100 Park RoyalWest Vancouver BC V7T 1A2P 6047820373F 604-983-0372PButlerPaulaButlercom
Tim WurtzBaker Newby LLP9259 Main StChilliwack BC V2P 6K2P (1) 6047921376F (1) 604-792-8711TWurtzBakerNewbycom
BCLMA EXECUTIVE amp SECTION LEADERS
DENN
ISCO
X
BC Legal Management Association
cial-networking sites online and manypeople are on more than one
FACE TO FACEBOOKFacebook has become the most popu-
lar social-networking application Morethan 200-million users take quizzes up-load pictures contact long-lost friendsand post status updates letting peopleknow what theyrsquore doing from day today
Prospective employersalso use Facebook to look upapplicants Remember thatcandidate who was dressedto impress in your office dur-ing the interview andseemed so eloquent Thatrsquosthe same guy whose Face-book profile photo showshim passed out on the street wearing atutu with a status update that reads Party
Naked
Personal-injury lawyers use Facebookto disprove disability claims One case in-volved a person on leavefrom work because theyclaimed they were toosore to use a computerBy logging onto Face-book opposing lawyerswere able to dispute theclaim by demonstratinghow the injured personused computers regularlyto update their Facebook page Policehave used both MySpace and Facebookto check for probation violations andweapons being brandished in public
If you think your profile is only opento other Facebook users think again OnJune 12th Facebook enabled your profilepage to be viewed as a web page Theformat is wwwfacebookcomusernameand you no longer need a Facebook ac-count to view a memberrsquos profile page
TWITTER TWEETS AND TWITSJust when you thought Facebook had
taken things far enough into the ldquotoomuch informationrdquo realm along came anapplication that is the new killer appTwitter is basically a bare-bones text-based social application made with cell
phones and Blackberries in mind Youbroadcast short messages (140 charactersmaximum) known as tweets to yourworld
Twitter has become the third most-popular social-networking applicationbehind Facebook and MySpace respectively
Twitter like all social applications hassome good practical uses For examplein this recent election in Iran Twitter be-
came the organizing tool of choice for thepro-reformist camp using it to makeprotest arrangements and send globalmessages slipping these past censors(The Iranian government promptly re-
sponded by blocking Twitter and Face-book in the country showing the vulner-ability of both mediums)
While the horrific scene unfoldedduring the 2008 Mumbai attacks in In-dia an estimated 80 tweets were sent ev-ery five seconds People on the scene ofthis terrorist bombing and shooting usedtheir tweets to help compile a list of ca-sualties and to broadcast the location ofhospitals that needed blood donations
In the legal world Twitter allowslawyers in court to provide minute-by-minute information to other lawyers backat the firm This enables assisting lawyers toprepare appropriate materials as needed
With those notable exceptions ac-knowledged one canrsquot help but comparethe pragmatic uses to the vast majority of
Twitter users who consider standing inline at Tim Hortonrsquos post-worthy or thatthere is a terrible smell coming from theirfridge Twitter is used mostly as a narcis-sistic tool so that the world can know ofyour daily happenings ndash sort of a way tobe the star of your own reality show
LIKE OMGSocial networking can be fun and
useful if used sparingly and casually In-stead of getting out andmeeting each other peopleare using social networkingsites to look for love com-panionship and even extra-marital affairs And theysay romance is dead
If you joined Facebookjust to see what your kids
are up to be forewarned that you mightactually find out and wish you hadnrsquot
Donrsquot spy on your kids talk to themYou know with actual spoken words likethey used to do way back in the 20th
CenturyWhen your com-
puter screen becomesyour main window tothe world and literallybecomes your sociallife you might be ad-dicted Such an addic-tion is as serious as-andno easier to overcome
than-other addictions like gambling As the world becomes increasingly
connected it seems that people in societybecome increasingly isolated socially Itrsquosthe paradox of modern communicationand contributes to a large part of the rea-son why Generation Yndash the Millennials ndashusually excels at technology but generallylacks in social skills
If this trend continues and more peo-ple live online good social skills may endup as extinct as the 525rdquo floppy driveand the game Pong
I know Irsquom writing some things towhich online addicts may object but Idonrsquot expect to hear from them aboutit
They only read things that are 140characters or less OMG LOL
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 16
PHILI
PBA
RKER
ART
IST
When the Vancouver OrganizingCommittee for the 2010 Olympic
and Paralympic Winter Games (VANOC)sets up its on-the-ground operations inearnest this fall and winter itrsquoll be mak-ing room in a downtown Vancouver ho-tel in early February for a special Gamesdivision of the Court of Arbitration forSport (CAS) supervised by a city lawyerwho is well-known in the Olympicsmovement
The International Council of Arbitra-tion for Sport (ICAS) which is based inLausanne Switzerland is the fund-rais-ing and administrative body that tookover from the International OlympicCommittee as the Courtrsquos supervisory organization
The IOC launched the court in 1984to settle disputes amongst its sports feder-ations but within its first decade theIOC became increasingly criticized forthe strength of its influence over thecourt The ICAS was formed in the mid-1990s to create independence and an ad-ministrative structure for the courtrsquos in-creasing activities
Three permanent courts exist ndash Lau-sanne Switzerland (where the IOC isalso headquartered) New York and Syd-ney Australia But the ICAS also estab-lishes ad hoc courts such as the one forthe 2010 Games as needed The CASuses about 300 arbitrators from 87 coun-tries and handles about 200 cases a year
The CAS for the Olympic portion ofthe 2010 Winter Games will include ninelawyers acting as arbitrators to operatein the Renaissance Vancouver HotelHarbourside at 1133 West HastingsStreet from February 2 10 days beforethe start of the Games to February 28the day of the Olympic Closing Ceremo-ny
The Renaissance is one of three bigdowntown Vancouver hotels ndash includingthe Bayshore and the Pinnacle a corpo-rate sister of the Renaissance that is locat-
ed right across West Hastings street aswell as the Vancouver Club ndash thatVANOC is taking over completely duringthe Olympic portion of the Games sothey can be used by the IOC and its re-lated organizations
On March 26 the ICAS formally ap-pointed Tricia Smith ndash Vancouverlawyer and partner of Barnes Craig ampAssociates ndash as its liaison officer withVANOC In this role Smith will carry re-sponsibility for the relationship and com-munication between ICAS CAS andVANOC between now and when theOlympic portion of the Games wraps upin early March
Smithrsquos legal experience communityinvolvement and sports backgroundmake her an excellent candidate for thisrole
Although her law practice focuses onmanaging claims for liability insurers andproviding risk-management consultingshe is also a sports arbitrator with anabiding interest in the Olympics
Smith has been a member of the ICASsince 2001 She was unsuccessful in aclosely fought contest with Marcel AubutQC OC a Quebec City-based lawyerwith Heenan Blaikie in a bid this pastspring to replace the Canadian OlympicCommitteersquos (COC) current presidentMichael Chambers when his term endsafter the 2010 Games she will remain onthe COCrsquos Executive Committee as theorganizationrsquos vice president workingfirst with Chambers later with Aubut
Smith is also a four-time Olympianand medallist in rowing the founder andpast president of Olympians BC and vicepresident of its parent organizationOlympians Canada
Smith remains a member of the Exec-utive Committee of the InternationalFederation of Rowing Associationswhich is also headquartered in Lausanneand chairs its Womenrsquos Rowing Cross-Commission
She is also a former member of theBoard of 2010 Legacies Now which wasoriginally formed by the BC govern-ment to be the armrsquos-length implementerof several major social goals of the gov-ernment connected with the Games
Although 2010 Legacies Now contin-ues to work on those goals with the helpof various companies connected to the2010 Winter Games and others and al-though it receives the majority of its fund-ing from Victoria it is now a fully inde-pendent society
The CAS usually involves panels ofthree arbitrators each and they deal witha wide range of issues involving the intri-cacies of relationships between the nu-merous international sports federationsthat the IOC supports through fundsgenerated by sponsorships and Olympicgames and it often deals as well with ap-peals from decisions by the federationsthat affect their athletes
Its work in the controversial field ofanti-doping gives the CAS its highest visi-bility For example just this past June itworked out the appropriate suspension ofGerman ice-hockey player FlorianBusch who made the mistake last De-cember of refusing to provide a urinesample when a doping-control officerknocked on his apartment door a sur-prise test is a known and standard part ofthe International Ice Hockey Federa-tionrsquos procedures for out-of-competitiontesting
Though he took the test a couple ofhours later and it was negative forbanned substances it was too late Therewas a plethora of subsequent legal argu-
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 17BAIRNES CRAIGrsquoS TRICIA SMITH TO SUPERVISE
A sophisticated new court will be set up indowntown Vancouver for the 2010 Games
ments and appeals from various bodiesabout which one should sanction himand for how long
The CAS sorted through the compet-ing claims and ruled that he would re-ceive a two-year suspension effectivelypreventing him from competing in the2010 Games
Perhaps one of its most famous caseswas a decision to uphold a life-time banon taking part in Olympic winter gamesimposed by the IOC against three of fourmembers of the Austrian Nordic skiingteam attending the Torino Italy WinterOlympics in 2006 for allegedly sharingldquocomplicity to violate anti-doping rulesrdquo
Eventually the CAS court commuteda similar ban to the fourth member of theteam to a four-year suspension ndash it endsjust after the 2010 Games ndash after review-ing his lesser role in the affair
When the Olympic Games are under-way the Athlete Villages in Vancouverand Whistler and any separate apart-ments used by Olympic athletes theirteam coaches and related officials have akind of diplomatic separation from thecriminal laws of the host country when itinvolves things such as drugs where con-victions in some countries carry thedeath penalty The IOC as part of itsthicket of legal agreements with hostcountries obtains the authority to lookafter anti-doping cases on its own termsduring the Games The deal usually in-volves the local police going in with IOCinvestigators each with their own juris-diction
The cases can be deadly serious Theanti-doping case that involved the CASstemmed from a joint IOC-Italian policeraid on the rooms of the Austrianbiathlon and cross-country squads onFebruary 18 2006 in the teamrsquos privatequarters in the Italian Alps while theTorino Games were underway
The IOC later reported that 80 medi-cal devices including advanced medicalequipment were found in the apartmentalong with used syringes blood bagsblood-transfusion equipment and evenbloody handkerchiefs
In 2010rsquos case once the Games arefinished the CAS court goes too
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 18FIRM LEADERSHIP THROUGH UNCERTAIN TIMES
Leading your firm through the difficultdilemma of terminations or layoffsBy Tim Wurtz Administrator Baker Newby LLP
Our profession and the world at largebuzzes with the employment impli-
cations of our general economic slow-down Whether you face small adjust-ments to your work force or a larger scalelayoff to control that salary expense lineitem leadership before during and afterany termination plays a central role inhow your firm will weather any fallout asa result of constraints to your work force
LawShuckscom reports that 125 ma-jor law firms around the globe have an-nounced or conducted layoffs The com-bined total is 10723 people 4015lawyers and 6708staff Most law firmson that list thank-fully do not haveany significant rec-ognizable namesfrom our BCLMAnetwork however all local firms whospoke with me are cautiously managingtheir salary expenses
While most research and surveys thatexamine the long-term effects of downsiz-ing indicate that companies that cut staffend up disappointed with the resultsmany of us will face formulating staffingstrategies to control costs Layoffs mayserve a short-term need but create largerlong-term issues Nonetheless we mustmanage and lead as directed by our Part-nership or Managing Committees
I am sure my fellow Administratorsand HR Managers will agree that an im-pending termination on any scale canconsume the workday We complete thenecessary forms derive suitable severancepackages develop plans to reassign workor alternatively reinvigorate the recruit-ment process to find a suitable replace-ment While we focus on the person orpersons being terminated we might over-look and forget or ultimately deny an im-portant aspect of the overall process ndash the
employees we keepThe Law Practice
Today section in theJanuary edition ofthe ABA Law Prac-tice Management in-cluded an article byJaffrey C Connerconcisely summariz-ing the point that fu-ture success of a firm depends largely onthe leadership of management after anylayoffs have been made
The workplace mood becomessomber People ask themselves ldquoAm Inextrdquo There will be a significant amount
of distrust of man-agement and anxi-ety over subsequentjob losses Thesefeelings must betempered by astrong unified mes-
sage from Management It is reasonableto admit the future is uncertain and thatevery effort will be made to ensure astrong and viable law firm well into thefuture Also tell the staff that this uncer-tainty will undoubtedly result in difficultdecisions after every possible alternativehas been considered
Terminating employees is a decisionthat is never made lightly To be an effec-tive leader you need to reinforce that alloptions were considered prior to layoffsUnder conditions of economic uncertain-ty the contribution of leadership is notsimply to inspire or build confidence butrather to solve problems and make ap-propriate strategic decisions
I learned an important lesson at lastyearrsquos BCLMA Conference Peter deJager a specialist in Change Manage-ment said in the closing session ldquoPeopleactually are not resistant to change theyare resistant to the way change is broughtaboutrdquo
Some employees consider termina-
Tim Wurtz
ALL LOCAL FIRMS ARECAUTIOUSLY MANAGINGTHEIR SALARY EXPENSES
tions or layoffs as drastic and developstrong feelings against managementLeaders must remain aware of the per-ceptions of their Partnership BoardManagement ndash and staff All three groupsinfluence a leaderrsquos ability to implementchange specifically to bring about signifi-cant staffing reassignments
Much literature exists about the dis-tinction between leaders and managerswith leaders having vision and creativityand managers focusing on improving ef-ficiency Leaders should exercise dili-gence toward gaining an understandingof their capacity within the organizationto properly apply leadership theories ifappropriate
During uncertain times we need tothink about adaptive and situational lead-ership-the right person with the rightstyle for the right situation Mining theInternet and academic journals for de-scriptions of leadership styles yields hun-dreds of words typically used to describe
a vast variety of leadership traits andtechniques
Two styles reside on opposite ends ofthe spectrum Visionary Leaders and Au-thoritative Leaders A visionary leaderpossesses a charismatic personality em-braces a democratic approach to the de-cision-making process and tries to en-gage staff in ongoing strategic initiatives
An authoritative leader prefers au-tonomous control over decision-makingmotivates employees using various formsof intimidation shows reluctance at relin-quishing control and fails to actively seekfeedback throughout management pro-cesses During difficult and emotionalstaff terminations and re-assignments theenormous grey area between these two
styles is required to carefully steer yourship through difficult waters
Use components of visionary leader-ship to bring employees into the world ofdecision-making Solicit ideas Listen towhat staff say when you introduce cost-saving measures For employees who areterminated or laid-off consider outplace-ment services a mutually agreeable refer-ence letter and perhaps access to thefirmrsquos resources or referral networks sothey can actively seek other employmentFor employees who are retained and pos-sibly required to assume additional re-sponsibilities for the same or less paythink about new benefits you can offerthem such as additional training andsupport
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 19
TERMINATIONS OR LAYOFFS ARE ABOUT LOSS BUT THEY ALSO CREATE OPPORTUNITYFOR US AS LEADERS AND MANAGERS
JAM
ESTH
EW
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Use aspects authoritative leadership toreinforce the notion that difficult deci-sions are inevitable that assuming issuesassociated with terminations or downsiz-ing will solve themselves over time is irre-sponsible It is important not be per-ceived as laissez-faire in yourmanagement capacity and to clearly es-tablish that while difficult the decisionsmust be respected
We are expected to possess the skills toproperly and compassionately deliver badnews to staff As managers it is our dutyto be knowledgeable of how people willreact and deal with the ramifications ofour actions Often the problems in work-force reductions arise when people donrsquotsee logic in why they were laid off andothers kept their jobs People draw theirown conclusions
I know first-hand that remaining stafftypically formulate their own complextapestry of reasons to explain why some-one has been let go These conclusionscanrsquot include aspects of the decision-mak-ing process to which they are not privy
It is counter-productive however toargue with this mentality as they are typ-ically emotionally driven conclusions Ra-tionalization may serve to further fuel thefire of distrust of management
However we cannot ignore it entirelyeither We will need to address the ru-mours and speculation either as a groupor one-on-one
Terminations or lay-offs are aboutloss but they also create opportunityfor us as leaders and managers Ourwords and actions can inspire loyaltyand enthusiasm Vision and authoritymake great bedfellows in any leaderrsquosarsenal of tools but sustainable law-firm profitability and excellence takes aconcerted effort on any managerrsquos partto become and remain the leader that isthe glue in the firmrsquos organizationalculture
Leaders must be honest and trans-parent about current conditions whilstremaining positive and reassuring En-gage Consulting Solutions in its publi-cation Engaging Employees in Uncertain
Times suggests that you must counteractpervasive negativity by providing clear
consistent messaging about the firmrsquosreality regardless of the reality In addi-tion focusing on programs that pro-mote recognition employee wellnesslearning and development are also seenas crucial to reducing the uncertaintywhile increasing retention and engage-ment
The July-August 2009 issue of The
Harvard Business Review lists new requiredleadership skills particularly vital in ourclimate of economic uncertainty 1) Foster Adaptation ndash For instance de-
velop ldquonext practicesrdquo in addition tocontinuing with current best practices
2) Embrace disequilibrium ndash While thisseems to depart from traditional lead-ership efforts to create a harmoniousequilibrium it is suggested you keepstaff in a state that creates enough dis-comfort to induce change but not somuch that they fight flee or freeze
3) Generate leadership ndash Give employ-ees at all levels of the organizationthe opportunity to lead departmentsor firm initiatives that will help itadapt to changing timesA suggestion to Administrators and
HR managers struggling with difficult sit-uations Ensure you take care of yourselfthroughout these dynamic times Cam-bridge Leadership suggests that you 1) Give yourself permission to be both
optimistic and realistic2) Find sanctuaries where you can reflect
on events and gain perspective 3) Reach out to trusted confidants with
whom you can speak openly 4) Bring more of your emotional self to
the workplace noting that appropriatedisplays of emotion can effect change
5) Do not lose yourself in your role nordefine yourself through a single en-deavourThrough these uneasy times we must
skillfully balance the profitability of thepartnership with a healthy organizationalclimate for the firm
They are not mutually exclusive dur-ing economic uncertainty but do requirecareful planning and actions by law firmmanagers to advance our stature withinthe decision-making process to that of alaw-firm leader
dentials except for affidavits and orders Efficient ndash Law firms will like the ease
and convenience as well as the effi-ciencies gained E-Filing allows you tofile retrieve and electronically searchfiles from your office or home It sim-plifies document preparation for of-fices by eliminating the need to printand prepare multiple copies of docu-ments for filing After submitting your documents you
can check on the status at any time sim-ply by logging in at CSO If requestedCSO will automatically send an e-mailnotification as soon as the registry hasprocessed the document
Once the registry accepts the e-Fileddocument it is electronically stampedYou can then download the documentfor your files Enviromental ndash E-Filing can offer a
greener solution for offices by eliminat-ing the need to print and prepare mul-tiple copies of documents for filing As a result your office can use less
paper E-Filed documents do not need tobe physically transported thereby reduc-
BC Court E-Filing from Page 10
Topics 20
ResourcesE-Filing is available for most types of docu-
ments For e-Filing rules refer to SupremeCourt Rule 69 which is athellip
lthttptinyurlcomnasoj9gthellipand Small Claims Rule 22 located
at lthttptinyurlcoml7ch8ggtThere are quite a few Rules on each of these
web pages so once you arrive use your brows-
errsquos Find command to quickly search the page
for the text Rule 69 in the one case or Rule22 in the other
You can register for a CSO account online
through the CSO website atltwwwcourtservicesonlinegovbccagtor if you are a BC OnLine user through BC
OnLine at
lthttpswwwbconlinegovbccagtPlease visit Court Services Online at
wwwcourtservicesonlinegovbcca Questions can be e-mailed to
CourtsCSOgovbcca
E-Filing to Page 21
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
By Michael J Anderson Principal Innovative Consulting
Sometimes whenwe have our
heads down justploughing awaythrough the fires onour desk we losesight of the funda-mental things thatwe should do togrow our practices
Wersquore not talkingabout huge expensive or complex mar-keting strategies here We are just remind-ing you of the basics Several of you prob-ably already do many of these thingsseveral of you probably plan to do manyof these things Our hope is that this listwill remind you of what it takes to expandyour practice and spur you on to turnyour best intentions into best practicesWe also hope that you will gain some newideas and insights
The following in no particular order
is provided as a checklist for what youmight want to do to become more profitable
1Get out of the office Every great RainMaker will tell you that you must meet
with your current and potential clients of-ten either on their turf or on neutralground
2The old 8020 rule still applies Yes 80of your new work will probably come
from 20 of your current clients Do youknow which of your clients provide youwith the most work If you do how areyou building on that relationship We seetoo many firms and lawyers spendinggobs of time and money trying to attractan elusive new big client Your best tar-get for success is the client you alreadyknow and who already knows you
3Just say ldquoNordquo Being fearful of whereour next file will come from makes us
want to accept every possible bit of workthat might come in the door whether thework is profitable whether we have goodprospects for getting paid whether it is anarea of law in which we are comfortableor whether our time could be better spentattempting to land the work that we reallywant at rates that will help us to succeedIt seems to be the credo for many lawyersthat ldquoThey have never met a dollar theydidnrsquot likerdquo Instead ldquoFocus on the goodstuffrdquo as professional-business consultantDavid Maister would say
4Budget your time and money Typically alawyer works about 2500 hours each
year roughly split between 1400 billablehours and 1100 non-billable hours Thenon-billable time is broken into segmentsfor management associate training per-sonal education research and marketingWe suggest that every lawyer allows forabout 600 hours per year for marketingtheir practice with a marketing budget ofbetween 2 and 5 of their gross rev-enues The marketing should include ad-vertising website creation and mainte-nance marketing-skills training andclient promotion-among other things
5Get involved We have a moral duty togive back to our communities
Choose a charity community group po-litical organization or business associa-tion that you enjoy and is important toyou Many of these types of groups are
looking to add a lawyer or two to theirboards In addition to contributing to agreater common good you will also net-work with other successful business peo-ple
6Market internally Ensure that everyonein your firm knows all of the facets of
the work you are capable of handling theareas in which you are looking to expandand your availability to handle the workAsk your partners about possible cross-selling opportunities Since cross-selling isa two-way street look at your own clientlist for possible situations to offer yourpartners For younger lawyers internal
marketing is possibly the only marketingthat they can do as their peer group hasnot yet risen to positions or situationswhere they can direct legal files to theirfriends Every young lawyer should askthe more senior members of their firm forwork on a weekly basis A lot of work willtransfer down to them if they prove theycan handle it
ing fuel consumption and its environ-mental impact Inexpensive ndash An office can reap sav-
ings from e-Filing through reducedprinting costs as well as reducedcosts from delivering documents tothe registry particularly when fil-ing beyond the local registry There is a $7 e-Filing transaction
fee per filing package regardless ofwhere the document is filed A filingpackage is any number of documentsbeing e-Filed to the same court file atthe same time The transaction feeand any applicable statutory filing feesare paid online through a BC OnLine
deposit account or with a credit card With all of these positive reasons
to e-File why not give it a try Go on-line today to view a demonstration ofhow to e-File to an existing court fileor how to use e-File to start a newcourt file
15 ideas for improving your practice
BC Court E-Filing from Page 20
21Topics
Michael Anderson
HOW DO FIRMS USE ON-LINEVIDEO TO VIEW AN
EFFECTIVE USE OF THISMEDIUM VISIT TORYrsquoS
WWWTORYSCOMVIDEOCENTERPAGESDEFAULTASPX
SINCE CROSS-SELLING IS ATWO-WAY STREET LOOK ATYOUR OWN CLIENT LIST FOR
POSSIBLE SITUATIONS TOOFFER YOUR PARTNERS
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
7Go to school Many lawyers can benefitgreatly from marketing training or
personal coaching In the old days a se-nior partner would grab an associate bythe scruff of the neck drag them toclient lunches and warn them to just sitthere keep their mouth shut and learnAnd they did learn Similarly we needto develop ways to share the marketingskills that already reside within ourfirms especially for our youngermembers
8Create a ldquoDream Listrdquo In aperfect world who
would you have as clientsand what type of workwould they send you Onceyou have the list startstrategizing on how youcan get an introductionand what you would saywhen you finally meetthem Why should theyhire you What will set youapart from your competi-tion After all many clientsfeel that most lawyers arethe same ndash they point tolaw firm websites andbrochures where you willsee that most of them at-tempt to sell ldquoBetter Fasteramp Cheaperrdquo Differentiateyourself Innovate
9Research Do you trulyunderstand your clientsrsquo
core needs What issueskeep them awake at nightand what can you do tohelp them Use the Inter-net to gather informationabout your current and po-tential clients Use that datato customize your proposalto them This demonstratesan understanding of theirbusiness and a commitment tohelp them enhance it
10CRM Institute a Customer Relation-ship Management program that will
track who when how and what the nextsteps are in your marketing strategy A sim-ple and inexpensive option like MicrosoftOutlook or a more legal-specific option like
Amicus Attorney will get your started
11Write write and write some more Createa perception of expertise by writing
topical articles and getting them pub-lished in relevant print or online maga-zines newsletters and blogs
12Leverage your writing Create a mailingor even better an e-mailing list of
clients and potential clients and send
them copies of the articles that you writeThe goal is to have them say ldquoThis onesure seems to know their stuffrdquo Thenhave the article placed in a strategic loca-tion on your website so that visitors will
also see that you have expertise Take itone step further and create a seminarpresentation or speech using the article asthe basis Undertake each at the personalgroup or firm level ndash or all of the above
13Leverage your people How many timeshave we heard ldquoPush the work
down and free your time to do the moreimportant stuffrdquo Why do many of us still
resist that strategy Whether you are ina large firm with associates or a
sole practitioner with parale-gals use junior practitionersto a greater degree Usingleverage will make youmore profitable and freeyour time for more impor-tant things
14Web support Amongother things websites
are the brochures of the newmillennium Is your websitesupporting your marketingefforts or is it just a neces-sary expense The most ef-fective sites have a lot incommon they are builtfrom a clientrsquos point of viewthey are informative and ed-ucational they display yourexpertise they have person-ality they are well ldquotaggedrdquoto be picked up in Googletype searches and usevideos effectively
15 Discipline Sometimesour best intentions lack thediscipline to carry out whatwe know we need to doDevelop a strategy with atimetable to accomplish theplan Start with this check-list and add to it as youprogress along the road to
growing your practice Wehope that this will help you to
focus on the issues that are mostimportant for you and your firm go-
ing forward
Michael J Anderson is a principal in Inno-
vative Consulting Hersquos based in Vancouver and
can be reached at 6042724222 or at
andersoninnovativeconsultingca
Topics 22
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
SUMMER 2009
Editor Stephanie MarshManaging Editor Designer Peter Morgan
This issue is also available in PDF format atlthttpwwwbclmaorggt
Topics Archive amp Indexlthttpwwwbclmaorggt
Editorial copy 2009 BCLMA CANADA
Published by MORGANNewsletters 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 BC It is the BCLMA lsquos goal toprovide educational and networking opportunitiesto 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
NEWSLETTER SERVICES
TOPICS is a public newsletter We will be pleased toadd you to our mailing list for this newsletter Pleasecontact the Editorial Committee Chair or any mem-ber of the Editorial Committee listed on the left forcomments on any of these articles or to offer sugges-tions for articles in future issues or for adjustments tothe circulation list Comments are always welcome
REPRODUCTION RIGHTS
Topics is copyrighted however we encourage you tocirculate or copy this material unmodified for yourown internal or private use You may freely quoteany article or portion of article but it must be ac-companied by attribution Quoting any article orportion of article without attribution is prohibitedThe newsletter its contents or its material may notbe sold intact or modified nor included in anypackage or product offered for sale
EXECUTIVE Stephanie Marsh President
Fasken Martineau2900 550 Burrard StreetVancouver Canada V6C 0A3D 6046314767F 604-631-3232SMarshFaskencom
Jan Whyte Vice-President
Murphy Battista2020 650 West Georgia StreetVancouver BC V6B 4N7D 6046333811F 604-683-5084WhyteMurphyBattistacom
Gary Carter Director
Paine Edmonds LLP1100 510 Burrard StreetVancouver BC V6C 3A8P 6046831211F 604-681-5084GCarterPaine-Edmondscom
Cindy Hildebrandt Director
Richards Buell Sutton LLP700 ndash 401 West Georgia StreetVancouver BC V6B 5A1P 6046823664D 6046619267F 604-688-3830CHildebrandtrbsca
Evenna Liu Director
Oyen Wiggs Green amp Mutala LLP480 ndash 601 Cordova Street WVancouver BC V6B 1G1D 604-676-9074F 604-681-4081ELiuPatentablecom
Barb Marshall Director
Fasken Martineau2900 ndash 550 Burrard StreetVancouver BC V6C 0A3D 6046314991F 604-631-3232BMarshallFaskencom
Angela Zarowny Treasurer
Direct 6043510124azanddzShawca
Jane Kennedy Administrator amp Membership Services
BCLMA
PO Box 75562RPO Edgemont VillageNorth Vancouver V7R 4X1P 6049881221F 604-988-1221MembershipBCLMAorg
SUBSECTION LEADERS
Facilities amp Service ManagementJanice McAuley Co-Chair
Lawson Lundell LLP1600 ndash 925 West Georgia StreetVancouver Canada V6C 3L2D 604-631-9254F 604-669-1620JMcAuleyLawsonLundellcom
Lorraine Burchynsky Co-Chair
Boughton Law CorporationSuite 700 ndash 595 Burrard StreetVancouver Canada V7X 1S8D 6046474162P 6046876789F 604-683-5317LBurchynskyBoughtonca
FinanceSheila Tham Co-Chair
Watson Goepel Maledy LLP1700 ndash 1075 West Georgia StVancouver BC V6E 3C9P 6046881301F 604-688-8193SThamWGMlawcom
Linda Lucas Co-chairDavis LLP2800 Park Place 666 Burrard StVancouver BC V6C 2Z7D 6046436305F 604-687-1612E LLucasDavisca
Human ResourcesTina Giallonardo Chair
Miller Thomson LLP1800 840 Howe StVancouver BC V6Z 2M1P 6046872242F 604-643-1200TGiallonardoMillerThomsonc
Knowledge ManagementGreg Christensen Chair
Fasken Martineau2900ndash550 Burrard StreetVancouver Canada V6C 0A3D 6046314993F 604-631-3232GChristensenFaskencom
MarketingRecruiting
Small FirmsSharon Kwong Wah Chair
Young Anderson1616 ndash 808 Nelson StreetVancouver Canada V6Z 2H2 D 604-689-7400F 604-689-3444KWongWahLYAbcca
TrainersRuth-Ann Spencer Co-Chair
Bull Housser amp Tupper LLP 3000 1055 West Georgia Street Vancouver BC V6E 3R3 D 6046414921 F 604-646-2638 RASBHTcom
Lisa Dick Co-Chair
Fasken Martineau 2900ndash550 Burrard Street Vancouver V6C 0A3 P 6046313131 F 604-631-3232 LDickFaskencom
Technology Aaron Fahlman Co-Chair
Fasken Martineau2900 550 Burrard StreetVancouver Canada V6C 0A3D 6046314960F 604-631-3232AFahlmanFaskencom
Aaron Zuccolin Co-Chair
Watson Goepel Maledy LLP1700 ndash 1075 West Georgia StreetVancouver BC V6E 3C9 D 6046425661F 604-688-8193AZuccolinWGMlawcom
EDITORIAL COMMITTEE
Bob Waterman Chair
Richards Buell Sutton LLPD 6046619241F 604-688-3830BWatermanRBSca
Stephanie Marsh Editor
Fasken Martineau2900 550 Burrard StreetVancouver Canada V6C 0A3D 6046314767F 604-631-3232SMarshFaskencom
Mike BowerbankBurnabyMikeYahoocom
Lorraine BurchynskyBoughton Law CorporationSuite 700 ndash 595 Burrard StreetVancouver Canada V7X 1S8D 6046474162P 6046876789F 604-683-5317LBurchynskyBoughtonca
Paula ButlerBarrister amp Solicitor200 100 Park RoyalWest Vancouver BC V7T 1A2P 6047820373F 604-983-0372PButlerPaulaButlercom
Tim WurtzBaker Newby LLP9259 Main StChilliwack BC V2P 6K2P (1) 6047921376F (1) 604-792-8711TWurtzBakerNewbycom
BCLMA EXECUTIVE amp SECTION LEADERS
DENN
ISCO
X
BC Legal Management Association
When the Vancouver OrganizingCommittee for the 2010 Olympic
and Paralympic Winter Games (VANOC)sets up its on-the-ground operations inearnest this fall and winter itrsquoll be mak-ing room in a downtown Vancouver ho-tel in early February for a special Gamesdivision of the Court of Arbitration forSport (CAS) supervised by a city lawyerwho is well-known in the Olympicsmovement
The International Council of Arbitra-tion for Sport (ICAS) which is based inLausanne Switzerland is the fund-rais-ing and administrative body that tookover from the International OlympicCommittee as the Courtrsquos supervisory organization
The IOC launched the court in 1984to settle disputes amongst its sports feder-ations but within its first decade theIOC became increasingly criticized forthe strength of its influence over thecourt The ICAS was formed in the mid-1990s to create independence and an ad-ministrative structure for the courtrsquos in-creasing activities
Three permanent courts exist ndash Lau-sanne Switzerland (where the IOC isalso headquartered) New York and Syd-ney Australia But the ICAS also estab-lishes ad hoc courts such as the one forthe 2010 Games as needed The CASuses about 300 arbitrators from 87 coun-tries and handles about 200 cases a year
The CAS for the Olympic portion ofthe 2010 Winter Games will include ninelawyers acting as arbitrators to operatein the Renaissance Vancouver HotelHarbourside at 1133 West HastingsStreet from February 2 10 days beforethe start of the Games to February 28the day of the Olympic Closing Ceremo-ny
The Renaissance is one of three bigdowntown Vancouver hotels ndash includingthe Bayshore and the Pinnacle a corpo-rate sister of the Renaissance that is locat-
ed right across West Hastings street aswell as the Vancouver Club ndash thatVANOC is taking over completely duringthe Olympic portion of the Games sothey can be used by the IOC and its re-lated organizations
On March 26 the ICAS formally ap-pointed Tricia Smith ndash Vancouverlawyer and partner of Barnes Craig ampAssociates ndash as its liaison officer withVANOC In this role Smith will carry re-sponsibility for the relationship and com-munication between ICAS CAS andVANOC between now and when theOlympic portion of the Games wraps upin early March
Smithrsquos legal experience communityinvolvement and sports backgroundmake her an excellent candidate for thisrole
Although her law practice focuses onmanaging claims for liability insurers andproviding risk-management consultingshe is also a sports arbitrator with anabiding interest in the Olympics
Smith has been a member of the ICASsince 2001 She was unsuccessful in aclosely fought contest with Marcel AubutQC OC a Quebec City-based lawyerwith Heenan Blaikie in a bid this pastspring to replace the Canadian OlympicCommitteersquos (COC) current presidentMichael Chambers when his term endsafter the 2010 Games she will remain onthe COCrsquos Executive Committee as theorganizationrsquos vice president workingfirst with Chambers later with Aubut
Smith is also a four-time Olympianand medallist in rowing the founder andpast president of Olympians BC and vicepresident of its parent organizationOlympians Canada
Smith remains a member of the Exec-utive Committee of the InternationalFederation of Rowing Associationswhich is also headquartered in Lausanneand chairs its Womenrsquos Rowing Cross-Commission
She is also a former member of theBoard of 2010 Legacies Now which wasoriginally formed by the BC govern-ment to be the armrsquos-length implementerof several major social goals of the gov-ernment connected with the Games
Although 2010 Legacies Now contin-ues to work on those goals with the helpof various companies connected to the2010 Winter Games and others and al-though it receives the majority of its fund-ing from Victoria it is now a fully inde-pendent society
The CAS usually involves panels ofthree arbitrators each and they deal witha wide range of issues involving the intri-cacies of relationships between the nu-merous international sports federationsthat the IOC supports through fundsgenerated by sponsorships and Olympicgames and it often deals as well with ap-peals from decisions by the federationsthat affect their athletes
Its work in the controversial field ofanti-doping gives the CAS its highest visi-bility For example just this past June itworked out the appropriate suspension ofGerman ice-hockey player FlorianBusch who made the mistake last De-cember of refusing to provide a urinesample when a doping-control officerknocked on his apartment door a sur-prise test is a known and standard part ofthe International Ice Hockey Federa-tionrsquos procedures for out-of-competitiontesting
Though he took the test a couple ofhours later and it was negative forbanned substances it was too late Therewas a plethora of subsequent legal argu-
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 17BAIRNES CRAIGrsquoS TRICIA SMITH TO SUPERVISE
A sophisticated new court will be set up indowntown Vancouver for the 2010 Games
ments and appeals from various bodiesabout which one should sanction himand for how long
The CAS sorted through the compet-ing claims and ruled that he would re-ceive a two-year suspension effectivelypreventing him from competing in the2010 Games
Perhaps one of its most famous caseswas a decision to uphold a life-time banon taking part in Olympic winter gamesimposed by the IOC against three of fourmembers of the Austrian Nordic skiingteam attending the Torino Italy WinterOlympics in 2006 for allegedly sharingldquocomplicity to violate anti-doping rulesrdquo
Eventually the CAS court commuteda similar ban to the fourth member of theteam to a four-year suspension ndash it endsjust after the 2010 Games ndash after review-ing his lesser role in the affair
When the Olympic Games are under-way the Athlete Villages in Vancouverand Whistler and any separate apart-ments used by Olympic athletes theirteam coaches and related officials have akind of diplomatic separation from thecriminal laws of the host country when itinvolves things such as drugs where con-victions in some countries carry thedeath penalty The IOC as part of itsthicket of legal agreements with hostcountries obtains the authority to lookafter anti-doping cases on its own termsduring the Games The deal usually in-volves the local police going in with IOCinvestigators each with their own juris-diction
The cases can be deadly serious Theanti-doping case that involved the CASstemmed from a joint IOC-Italian policeraid on the rooms of the Austrianbiathlon and cross-country squads onFebruary 18 2006 in the teamrsquos privatequarters in the Italian Alps while theTorino Games were underway
The IOC later reported that 80 medi-cal devices including advanced medicalequipment were found in the apartmentalong with used syringes blood bagsblood-transfusion equipment and evenbloody handkerchiefs
In 2010rsquos case once the Games arefinished the CAS court goes too
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 18FIRM LEADERSHIP THROUGH UNCERTAIN TIMES
Leading your firm through the difficultdilemma of terminations or layoffsBy Tim Wurtz Administrator Baker Newby LLP
Our profession and the world at largebuzzes with the employment impli-
cations of our general economic slow-down Whether you face small adjust-ments to your work force or a larger scalelayoff to control that salary expense lineitem leadership before during and afterany termination plays a central role inhow your firm will weather any fallout asa result of constraints to your work force
LawShuckscom reports that 125 ma-jor law firms around the globe have an-nounced or conducted layoffs The com-bined total is 10723 people 4015lawyers and 6708staff Most law firmson that list thank-fully do not haveany significant rec-ognizable namesfrom our BCLMAnetwork however all local firms whospoke with me are cautiously managingtheir salary expenses
While most research and surveys thatexamine the long-term effects of downsiz-ing indicate that companies that cut staffend up disappointed with the resultsmany of us will face formulating staffingstrategies to control costs Layoffs mayserve a short-term need but create largerlong-term issues Nonetheless we mustmanage and lead as directed by our Part-nership or Managing Committees
I am sure my fellow Administratorsand HR Managers will agree that an im-pending termination on any scale canconsume the workday We complete thenecessary forms derive suitable severancepackages develop plans to reassign workor alternatively reinvigorate the recruit-ment process to find a suitable replace-ment While we focus on the person orpersons being terminated we might over-look and forget or ultimately deny an im-portant aspect of the overall process ndash the
employees we keepThe Law Practice
Today section in theJanuary edition ofthe ABA Law Prac-tice Management in-cluded an article byJaffrey C Connerconcisely summariz-ing the point that fu-ture success of a firm depends largely onthe leadership of management after anylayoffs have been made
The workplace mood becomessomber People ask themselves ldquoAm Inextrdquo There will be a significant amount
of distrust of man-agement and anxi-ety over subsequentjob losses Thesefeelings must betempered by astrong unified mes-
sage from Management It is reasonableto admit the future is uncertain and thatevery effort will be made to ensure astrong and viable law firm well into thefuture Also tell the staff that this uncer-tainty will undoubtedly result in difficultdecisions after every possible alternativehas been considered
Terminating employees is a decisionthat is never made lightly To be an effec-tive leader you need to reinforce that alloptions were considered prior to layoffsUnder conditions of economic uncertain-ty the contribution of leadership is notsimply to inspire or build confidence butrather to solve problems and make ap-propriate strategic decisions
I learned an important lesson at lastyearrsquos BCLMA Conference Peter deJager a specialist in Change Manage-ment said in the closing session ldquoPeopleactually are not resistant to change theyare resistant to the way change is broughtaboutrdquo
Some employees consider termina-
Tim Wurtz
ALL LOCAL FIRMS ARECAUTIOUSLY MANAGINGTHEIR SALARY EXPENSES
tions or layoffs as drastic and developstrong feelings against managementLeaders must remain aware of the per-ceptions of their Partnership BoardManagement ndash and staff All three groupsinfluence a leaderrsquos ability to implementchange specifically to bring about signifi-cant staffing reassignments
Much literature exists about the dis-tinction between leaders and managerswith leaders having vision and creativityand managers focusing on improving ef-ficiency Leaders should exercise dili-gence toward gaining an understandingof their capacity within the organizationto properly apply leadership theories ifappropriate
During uncertain times we need tothink about adaptive and situational lead-ership-the right person with the rightstyle for the right situation Mining theInternet and academic journals for de-scriptions of leadership styles yields hun-dreds of words typically used to describe
a vast variety of leadership traits andtechniques
Two styles reside on opposite ends ofthe spectrum Visionary Leaders and Au-thoritative Leaders A visionary leaderpossesses a charismatic personality em-braces a democratic approach to the de-cision-making process and tries to en-gage staff in ongoing strategic initiatives
An authoritative leader prefers au-tonomous control over decision-makingmotivates employees using various formsof intimidation shows reluctance at relin-quishing control and fails to actively seekfeedback throughout management pro-cesses During difficult and emotionalstaff terminations and re-assignments theenormous grey area between these two
styles is required to carefully steer yourship through difficult waters
Use components of visionary leader-ship to bring employees into the world ofdecision-making Solicit ideas Listen towhat staff say when you introduce cost-saving measures For employees who areterminated or laid-off consider outplace-ment services a mutually agreeable refer-ence letter and perhaps access to thefirmrsquos resources or referral networks sothey can actively seek other employmentFor employees who are retained and pos-sibly required to assume additional re-sponsibilities for the same or less paythink about new benefits you can offerthem such as additional training andsupport
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 19
TERMINATIONS OR LAYOFFS ARE ABOUT LOSS BUT THEY ALSO CREATE OPPORTUNITYFOR US AS LEADERS AND MANAGERS
JAM
ESTH
EW
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Use aspects authoritative leadership toreinforce the notion that difficult deci-sions are inevitable that assuming issuesassociated with terminations or downsiz-ing will solve themselves over time is irre-sponsible It is important not be per-ceived as laissez-faire in yourmanagement capacity and to clearly es-tablish that while difficult the decisionsmust be respected
We are expected to possess the skills toproperly and compassionately deliver badnews to staff As managers it is our dutyto be knowledgeable of how people willreact and deal with the ramifications ofour actions Often the problems in work-force reductions arise when people donrsquotsee logic in why they were laid off andothers kept their jobs People draw theirown conclusions
I know first-hand that remaining stafftypically formulate their own complextapestry of reasons to explain why some-one has been let go These conclusionscanrsquot include aspects of the decision-mak-ing process to which they are not privy
It is counter-productive however toargue with this mentality as they are typ-ically emotionally driven conclusions Ra-tionalization may serve to further fuel thefire of distrust of management
However we cannot ignore it entirelyeither We will need to address the ru-mours and speculation either as a groupor one-on-one
Terminations or lay-offs are aboutloss but they also create opportunityfor us as leaders and managers Ourwords and actions can inspire loyaltyand enthusiasm Vision and authoritymake great bedfellows in any leaderrsquosarsenal of tools but sustainable law-firm profitability and excellence takes aconcerted effort on any managerrsquos partto become and remain the leader that isthe glue in the firmrsquos organizationalculture
Leaders must be honest and trans-parent about current conditions whilstremaining positive and reassuring En-gage Consulting Solutions in its publi-cation Engaging Employees in Uncertain
Times suggests that you must counteractpervasive negativity by providing clear
consistent messaging about the firmrsquosreality regardless of the reality In addi-tion focusing on programs that pro-mote recognition employee wellnesslearning and development are also seenas crucial to reducing the uncertaintywhile increasing retention and engage-ment
The July-August 2009 issue of The
Harvard Business Review lists new requiredleadership skills particularly vital in ourclimate of economic uncertainty 1) Foster Adaptation ndash For instance de-
velop ldquonext practicesrdquo in addition tocontinuing with current best practices
2) Embrace disequilibrium ndash While thisseems to depart from traditional lead-ership efforts to create a harmoniousequilibrium it is suggested you keepstaff in a state that creates enough dis-comfort to induce change but not somuch that they fight flee or freeze
3) Generate leadership ndash Give employ-ees at all levels of the organizationthe opportunity to lead departmentsor firm initiatives that will help itadapt to changing timesA suggestion to Administrators and
HR managers struggling with difficult sit-uations Ensure you take care of yourselfthroughout these dynamic times Cam-bridge Leadership suggests that you 1) Give yourself permission to be both
optimistic and realistic2) Find sanctuaries where you can reflect
on events and gain perspective 3) Reach out to trusted confidants with
whom you can speak openly 4) Bring more of your emotional self to
the workplace noting that appropriatedisplays of emotion can effect change
5) Do not lose yourself in your role nordefine yourself through a single en-deavourThrough these uneasy times we must
skillfully balance the profitability of thepartnership with a healthy organizationalclimate for the firm
They are not mutually exclusive dur-ing economic uncertainty but do requirecareful planning and actions by law firmmanagers to advance our stature withinthe decision-making process to that of alaw-firm leader
dentials except for affidavits and orders Efficient ndash Law firms will like the ease
and convenience as well as the effi-ciencies gained E-Filing allows you tofile retrieve and electronically searchfiles from your office or home It sim-plifies document preparation for of-fices by eliminating the need to printand prepare multiple copies of docu-ments for filing After submitting your documents you
can check on the status at any time sim-ply by logging in at CSO If requestedCSO will automatically send an e-mailnotification as soon as the registry hasprocessed the document
Once the registry accepts the e-Fileddocument it is electronically stampedYou can then download the documentfor your files Enviromental ndash E-Filing can offer a
greener solution for offices by eliminat-ing the need to print and prepare mul-tiple copies of documents for filing As a result your office can use less
paper E-Filed documents do not need tobe physically transported thereby reduc-
BC Court E-Filing from Page 10
Topics 20
ResourcesE-Filing is available for most types of docu-
ments For e-Filing rules refer to SupremeCourt Rule 69 which is athellip
lthttptinyurlcomnasoj9gthellipand Small Claims Rule 22 located
at lthttptinyurlcoml7ch8ggtThere are quite a few Rules on each of these
web pages so once you arrive use your brows-
errsquos Find command to quickly search the page
for the text Rule 69 in the one case or Rule22 in the other
You can register for a CSO account online
through the CSO website atltwwwcourtservicesonlinegovbccagtor if you are a BC OnLine user through BC
OnLine at
lthttpswwwbconlinegovbccagtPlease visit Court Services Online at
wwwcourtservicesonlinegovbcca Questions can be e-mailed to
CourtsCSOgovbcca
E-Filing to Page 21
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
By Michael J Anderson Principal Innovative Consulting
Sometimes whenwe have our
heads down justploughing awaythrough the fires onour desk we losesight of the funda-mental things thatwe should do togrow our practices
Wersquore not talkingabout huge expensive or complex mar-keting strategies here We are just remind-ing you of the basics Several of you prob-ably already do many of these thingsseveral of you probably plan to do manyof these things Our hope is that this listwill remind you of what it takes to expandyour practice and spur you on to turnyour best intentions into best practicesWe also hope that you will gain some newideas and insights
The following in no particular order
is provided as a checklist for what youmight want to do to become more profitable
1Get out of the office Every great RainMaker will tell you that you must meet
with your current and potential clients of-ten either on their turf or on neutralground
2The old 8020 rule still applies Yes 80of your new work will probably come
from 20 of your current clients Do youknow which of your clients provide youwith the most work If you do how areyou building on that relationship We seetoo many firms and lawyers spendinggobs of time and money trying to attractan elusive new big client Your best tar-get for success is the client you alreadyknow and who already knows you
3Just say ldquoNordquo Being fearful of whereour next file will come from makes us
want to accept every possible bit of workthat might come in the door whether thework is profitable whether we have goodprospects for getting paid whether it is anarea of law in which we are comfortableor whether our time could be better spentattempting to land the work that we reallywant at rates that will help us to succeedIt seems to be the credo for many lawyersthat ldquoThey have never met a dollar theydidnrsquot likerdquo Instead ldquoFocus on the goodstuffrdquo as professional-business consultantDavid Maister would say
4Budget your time and money Typically alawyer works about 2500 hours each
year roughly split between 1400 billablehours and 1100 non-billable hours Thenon-billable time is broken into segmentsfor management associate training per-sonal education research and marketingWe suggest that every lawyer allows forabout 600 hours per year for marketingtheir practice with a marketing budget ofbetween 2 and 5 of their gross rev-enues The marketing should include ad-vertising website creation and mainte-nance marketing-skills training andclient promotion-among other things
5Get involved We have a moral duty togive back to our communities
Choose a charity community group po-litical organization or business associa-tion that you enjoy and is important toyou Many of these types of groups are
looking to add a lawyer or two to theirboards In addition to contributing to agreater common good you will also net-work with other successful business peo-ple
6Market internally Ensure that everyonein your firm knows all of the facets of
the work you are capable of handling theareas in which you are looking to expandand your availability to handle the workAsk your partners about possible cross-selling opportunities Since cross-selling isa two-way street look at your own clientlist for possible situations to offer yourpartners For younger lawyers internal
marketing is possibly the only marketingthat they can do as their peer group hasnot yet risen to positions or situationswhere they can direct legal files to theirfriends Every young lawyer should askthe more senior members of their firm forwork on a weekly basis A lot of work willtransfer down to them if they prove theycan handle it
ing fuel consumption and its environ-mental impact Inexpensive ndash An office can reap sav-
ings from e-Filing through reducedprinting costs as well as reducedcosts from delivering documents tothe registry particularly when fil-ing beyond the local registry There is a $7 e-Filing transaction
fee per filing package regardless ofwhere the document is filed A filingpackage is any number of documentsbeing e-Filed to the same court file atthe same time The transaction feeand any applicable statutory filing feesare paid online through a BC OnLine
deposit account or with a credit card With all of these positive reasons
to e-File why not give it a try Go on-line today to view a demonstration ofhow to e-File to an existing court fileor how to use e-File to start a newcourt file
15 ideas for improving your practice
BC Court E-Filing from Page 20
21Topics
Michael Anderson
HOW DO FIRMS USE ON-LINEVIDEO TO VIEW AN
EFFECTIVE USE OF THISMEDIUM VISIT TORYrsquoS
WWWTORYSCOMVIDEOCENTERPAGESDEFAULTASPX
SINCE CROSS-SELLING IS ATWO-WAY STREET LOOK ATYOUR OWN CLIENT LIST FOR
POSSIBLE SITUATIONS TOOFFER YOUR PARTNERS
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
7Go to school Many lawyers can benefitgreatly from marketing training or
personal coaching In the old days a se-nior partner would grab an associate bythe scruff of the neck drag them toclient lunches and warn them to just sitthere keep their mouth shut and learnAnd they did learn Similarly we needto develop ways to share the marketingskills that already reside within ourfirms especially for our youngermembers
8Create a ldquoDream Listrdquo In aperfect world who
would you have as clientsand what type of workwould they send you Onceyou have the list startstrategizing on how youcan get an introductionand what you would saywhen you finally meetthem Why should theyhire you What will set youapart from your competi-tion After all many clientsfeel that most lawyers arethe same ndash they point tolaw firm websites andbrochures where you willsee that most of them at-tempt to sell ldquoBetter Fasteramp Cheaperrdquo Differentiateyourself Innovate
9Research Do you trulyunderstand your clientsrsquo
core needs What issueskeep them awake at nightand what can you do tohelp them Use the Inter-net to gather informationabout your current and po-tential clients Use that datato customize your proposalto them This demonstratesan understanding of theirbusiness and a commitment tohelp them enhance it
10CRM Institute a Customer Relation-ship Management program that will
track who when how and what the nextsteps are in your marketing strategy A sim-ple and inexpensive option like MicrosoftOutlook or a more legal-specific option like
Amicus Attorney will get your started
11Write write and write some more Createa perception of expertise by writing
topical articles and getting them pub-lished in relevant print or online maga-zines newsletters and blogs
12Leverage your writing Create a mailingor even better an e-mailing list of
clients and potential clients and send
them copies of the articles that you writeThe goal is to have them say ldquoThis onesure seems to know their stuffrdquo Thenhave the article placed in a strategic loca-tion on your website so that visitors will
also see that you have expertise Take itone step further and create a seminarpresentation or speech using the article asthe basis Undertake each at the personalgroup or firm level ndash or all of the above
13Leverage your people How many timeshave we heard ldquoPush the work
down and free your time to do the moreimportant stuffrdquo Why do many of us still
resist that strategy Whether you are ina large firm with associates or a
sole practitioner with parale-gals use junior practitionersto a greater degree Usingleverage will make youmore profitable and freeyour time for more impor-tant things
14Web support Amongother things websites
are the brochures of the newmillennium Is your websitesupporting your marketingefforts or is it just a neces-sary expense The most ef-fective sites have a lot incommon they are builtfrom a clientrsquos point of viewthey are informative and ed-ucational they display yourexpertise they have person-ality they are well ldquotaggedrdquoto be picked up in Googletype searches and usevideos effectively
15 Discipline Sometimesour best intentions lack thediscipline to carry out whatwe know we need to doDevelop a strategy with atimetable to accomplish theplan Start with this check-list and add to it as youprogress along the road to
growing your practice Wehope that this will help you to
focus on the issues that are mostimportant for you and your firm go-
ing forward
Michael J Anderson is a principal in Inno-
vative Consulting Hersquos based in Vancouver and
can be reached at 6042724222 or at
andersoninnovativeconsultingca
Topics 22
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
SUMMER 2009
Editor Stephanie MarshManaging Editor Designer Peter Morgan
This issue is also available in PDF format atlthttpwwwbclmaorggt
Topics Archive amp Indexlthttpwwwbclmaorggt
Editorial copy 2009 BCLMA CANADA
Published by MORGANNewsletters 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 BC It is the BCLMA lsquos goal toprovide educational and networking opportunitiesto 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
NEWSLETTER SERVICES
TOPICS is a public newsletter We will be pleased toadd you to our mailing list for this newsletter Pleasecontact the Editorial Committee Chair or any mem-ber of the Editorial Committee listed on the left forcomments on any of these articles or to offer sugges-tions for articles in future issues or for adjustments tothe circulation list Comments are always welcome
REPRODUCTION RIGHTS
Topics is copyrighted however we encourage you tocirculate or copy this material unmodified for yourown internal or private use You may freely quoteany article or portion of article but it must be ac-companied by attribution Quoting any article orportion of article without attribution is prohibitedThe newsletter its contents or its material may notbe sold intact or modified nor included in anypackage or product offered for sale
EXECUTIVE Stephanie Marsh President
Fasken Martineau2900 550 Burrard StreetVancouver Canada V6C 0A3D 6046314767F 604-631-3232SMarshFaskencom
Jan Whyte Vice-President
Murphy Battista2020 650 West Georgia StreetVancouver BC V6B 4N7D 6046333811F 604-683-5084WhyteMurphyBattistacom
Gary Carter Director
Paine Edmonds LLP1100 510 Burrard StreetVancouver BC V6C 3A8P 6046831211F 604-681-5084GCarterPaine-Edmondscom
Cindy Hildebrandt Director
Richards Buell Sutton LLP700 ndash 401 West Georgia StreetVancouver BC V6B 5A1P 6046823664D 6046619267F 604-688-3830CHildebrandtrbsca
Evenna Liu Director
Oyen Wiggs Green amp Mutala LLP480 ndash 601 Cordova Street WVancouver BC V6B 1G1D 604-676-9074F 604-681-4081ELiuPatentablecom
Barb Marshall Director
Fasken Martineau2900 ndash 550 Burrard StreetVancouver BC V6C 0A3D 6046314991F 604-631-3232BMarshallFaskencom
Angela Zarowny Treasurer
Direct 6043510124azanddzShawca
Jane Kennedy Administrator amp Membership Services
BCLMA
PO Box 75562RPO Edgemont VillageNorth Vancouver V7R 4X1P 6049881221F 604-988-1221MembershipBCLMAorg
SUBSECTION LEADERS
Facilities amp Service ManagementJanice McAuley Co-Chair
Lawson Lundell LLP1600 ndash 925 West Georgia StreetVancouver Canada V6C 3L2D 604-631-9254F 604-669-1620JMcAuleyLawsonLundellcom
Lorraine Burchynsky Co-Chair
Boughton Law CorporationSuite 700 ndash 595 Burrard StreetVancouver Canada V7X 1S8D 6046474162P 6046876789F 604-683-5317LBurchynskyBoughtonca
FinanceSheila Tham Co-Chair
Watson Goepel Maledy LLP1700 ndash 1075 West Georgia StVancouver BC V6E 3C9P 6046881301F 604-688-8193SThamWGMlawcom
Linda Lucas Co-chairDavis LLP2800 Park Place 666 Burrard StVancouver BC V6C 2Z7D 6046436305F 604-687-1612E LLucasDavisca
Human ResourcesTina Giallonardo Chair
Miller Thomson LLP1800 840 Howe StVancouver BC V6Z 2M1P 6046872242F 604-643-1200TGiallonardoMillerThomsonc
Knowledge ManagementGreg Christensen Chair
Fasken Martineau2900ndash550 Burrard StreetVancouver Canada V6C 0A3D 6046314993F 604-631-3232GChristensenFaskencom
MarketingRecruiting
Small FirmsSharon Kwong Wah Chair
Young Anderson1616 ndash 808 Nelson StreetVancouver Canada V6Z 2H2 D 604-689-7400F 604-689-3444KWongWahLYAbcca
TrainersRuth-Ann Spencer Co-Chair
Bull Housser amp Tupper LLP 3000 1055 West Georgia Street Vancouver BC V6E 3R3 D 6046414921 F 604-646-2638 RASBHTcom
Lisa Dick Co-Chair
Fasken Martineau 2900ndash550 Burrard Street Vancouver V6C 0A3 P 6046313131 F 604-631-3232 LDickFaskencom
Technology Aaron Fahlman Co-Chair
Fasken Martineau2900 550 Burrard StreetVancouver Canada V6C 0A3D 6046314960F 604-631-3232AFahlmanFaskencom
Aaron Zuccolin Co-Chair
Watson Goepel Maledy LLP1700 ndash 1075 West Georgia StreetVancouver BC V6E 3C9 D 6046425661F 604-688-8193AZuccolinWGMlawcom
EDITORIAL COMMITTEE
Bob Waterman Chair
Richards Buell Sutton LLPD 6046619241F 604-688-3830BWatermanRBSca
Stephanie Marsh Editor
Fasken Martineau2900 550 Burrard StreetVancouver Canada V6C 0A3D 6046314767F 604-631-3232SMarshFaskencom
Mike BowerbankBurnabyMikeYahoocom
Lorraine BurchynskyBoughton Law CorporationSuite 700 ndash 595 Burrard StreetVancouver Canada V7X 1S8D 6046474162P 6046876789F 604-683-5317LBurchynskyBoughtonca
Paula ButlerBarrister amp Solicitor200 100 Park RoyalWest Vancouver BC V7T 1A2P 6047820373F 604-983-0372PButlerPaulaButlercom
Tim WurtzBaker Newby LLP9259 Main StChilliwack BC V2P 6K2P (1) 6047921376F (1) 604-792-8711TWurtzBakerNewbycom
BCLMA EXECUTIVE amp SECTION LEADERS
DENN
ISCO
X
BC Legal Management Association
ments and appeals from various bodiesabout which one should sanction himand for how long
The CAS sorted through the compet-ing claims and ruled that he would re-ceive a two-year suspension effectivelypreventing him from competing in the2010 Games
Perhaps one of its most famous caseswas a decision to uphold a life-time banon taking part in Olympic winter gamesimposed by the IOC against three of fourmembers of the Austrian Nordic skiingteam attending the Torino Italy WinterOlympics in 2006 for allegedly sharingldquocomplicity to violate anti-doping rulesrdquo
Eventually the CAS court commuteda similar ban to the fourth member of theteam to a four-year suspension ndash it endsjust after the 2010 Games ndash after review-ing his lesser role in the affair
When the Olympic Games are under-way the Athlete Villages in Vancouverand Whistler and any separate apart-ments used by Olympic athletes theirteam coaches and related officials have akind of diplomatic separation from thecriminal laws of the host country when itinvolves things such as drugs where con-victions in some countries carry thedeath penalty The IOC as part of itsthicket of legal agreements with hostcountries obtains the authority to lookafter anti-doping cases on its own termsduring the Games The deal usually in-volves the local police going in with IOCinvestigators each with their own juris-diction
The cases can be deadly serious Theanti-doping case that involved the CASstemmed from a joint IOC-Italian policeraid on the rooms of the Austrianbiathlon and cross-country squads onFebruary 18 2006 in the teamrsquos privatequarters in the Italian Alps while theTorino Games were underway
The IOC later reported that 80 medi-cal devices including advanced medicalequipment were found in the apartmentalong with used syringes blood bagsblood-transfusion equipment and evenbloody handkerchiefs
In 2010rsquos case once the Games arefinished the CAS court goes too
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 18FIRM LEADERSHIP THROUGH UNCERTAIN TIMES
Leading your firm through the difficultdilemma of terminations or layoffsBy Tim Wurtz Administrator Baker Newby LLP
Our profession and the world at largebuzzes with the employment impli-
cations of our general economic slow-down Whether you face small adjust-ments to your work force or a larger scalelayoff to control that salary expense lineitem leadership before during and afterany termination plays a central role inhow your firm will weather any fallout asa result of constraints to your work force
LawShuckscom reports that 125 ma-jor law firms around the globe have an-nounced or conducted layoffs The com-bined total is 10723 people 4015lawyers and 6708staff Most law firmson that list thank-fully do not haveany significant rec-ognizable namesfrom our BCLMAnetwork however all local firms whospoke with me are cautiously managingtheir salary expenses
While most research and surveys thatexamine the long-term effects of downsiz-ing indicate that companies that cut staffend up disappointed with the resultsmany of us will face formulating staffingstrategies to control costs Layoffs mayserve a short-term need but create largerlong-term issues Nonetheless we mustmanage and lead as directed by our Part-nership or Managing Committees
I am sure my fellow Administratorsand HR Managers will agree that an im-pending termination on any scale canconsume the workday We complete thenecessary forms derive suitable severancepackages develop plans to reassign workor alternatively reinvigorate the recruit-ment process to find a suitable replace-ment While we focus on the person orpersons being terminated we might over-look and forget or ultimately deny an im-portant aspect of the overall process ndash the
employees we keepThe Law Practice
Today section in theJanuary edition ofthe ABA Law Prac-tice Management in-cluded an article byJaffrey C Connerconcisely summariz-ing the point that fu-ture success of a firm depends largely onthe leadership of management after anylayoffs have been made
The workplace mood becomessomber People ask themselves ldquoAm Inextrdquo There will be a significant amount
of distrust of man-agement and anxi-ety over subsequentjob losses Thesefeelings must betempered by astrong unified mes-
sage from Management It is reasonableto admit the future is uncertain and thatevery effort will be made to ensure astrong and viable law firm well into thefuture Also tell the staff that this uncer-tainty will undoubtedly result in difficultdecisions after every possible alternativehas been considered
Terminating employees is a decisionthat is never made lightly To be an effec-tive leader you need to reinforce that alloptions were considered prior to layoffsUnder conditions of economic uncertain-ty the contribution of leadership is notsimply to inspire or build confidence butrather to solve problems and make ap-propriate strategic decisions
I learned an important lesson at lastyearrsquos BCLMA Conference Peter deJager a specialist in Change Manage-ment said in the closing session ldquoPeopleactually are not resistant to change theyare resistant to the way change is broughtaboutrdquo
Some employees consider termina-
Tim Wurtz
ALL LOCAL FIRMS ARECAUTIOUSLY MANAGINGTHEIR SALARY EXPENSES
tions or layoffs as drastic and developstrong feelings against managementLeaders must remain aware of the per-ceptions of their Partnership BoardManagement ndash and staff All three groupsinfluence a leaderrsquos ability to implementchange specifically to bring about signifi-cant staffing reassignments
Much literature exists about the dis-tinction between leaders and managerswith leaders having vision and creativityand managers focusing on improving ef-ficiency Leaders should exercise dili-gence toward gaining an understandingof their capacity within the organizationto properly apply leadership theories ifappropriate
During uncertain times we need tothink about adaptive and situational lead-ership-the right person with the rightstyle for the right situation Mining theInternet and academic journals for de-scriptions of leadership styles yields hun-dreds of words typically used to describe
a vast variety of leadership traits andtechniques
Two styles reside on opposite ends ofthe spectrum Visionary Leaders and Au-thoritative Leaders A visionary leaderpossesses a charismatic personality em-braces a democratic approach to the de-cision-making process and tries to en-gage staff in ongoing strategic initiatives
An authoritative leader prefers au-tonomous control over decision-makingmotivates employees using various formsof intimidation shows reluctance at relin-quishing control and fails to actively seekfeedback throughout management pro-cesses During difficult and emotionalstaff terminations and re-assignments theenormous grey area between these two
styles is required to carefully steer yourship through difficult waters
Use components of visionary leader-ship to bring employees into the world ofdecision-making Solicit ideas Listen towhat staff say when you introduce cost-saving measures For employees who areterminated or laid-off consider outplace-ment services a mutually agreeable refer-ence letter and perhaps access to thefirmrsquos resources or referral networks sothey can actively seek other employmentFor employees who are retained and pos-sibly required to assume additional re-sponsibilities for the same or less paythink about new benefits you can offerthem such as additional training andsupport
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 19
TERMINATIONS OR LAYOFFS ARE ABOUT LOSS BUT THEY ALSO CREATE OPPORTUNITYFOR US AS LEADERS AND MANAGERS
JAM
ESTH
EW
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Use aspects authoritative leadership toreinforce the notion that difficult deci-sions are inevitable that assuming issuesassociated with terminations or downsiz-ing will solve themselves over time is irre-sponsible It is important not be per-ceived as laissez-faire in yourmanagement capacity and to clearly es-tablish that while difficult the decisionsmust be respected
We are expected to possess the skills toproperly and compassionately deliver badnews to staff As managers it is our dutyto be knowledgeable of how people willreact and deal with the ramifications ofour actions Often the problems in work-force reductions arise when people donrsquotsee logic in why they were laid off andothers kept their jobs People draw theirown conclusions
I know first-hand that remaining stafftypically formulate their own complextapestry of reasons to explain why some-one has been let go These conclusionscanrsquot include aspects of the decision-mak-ing process to which they are not privy
It is counter-productive however toargue with this mentality as they are typ-ically emotionally driven conclusions Ra-tionalization may serve to further fuel thefire of distrust of management
However we cannot ignore it entirelyeither We will need to address the ru-mours and speculation either as a groupor one-on-one
Terminations or lay-offs are aboutloss but they also create opportunityfor us as leaders and managers Ourwords and actions can inspire loyaltyand enthusiasm Vision and authoritymake great bedfellows in any leaderrsquosarsenal of tools but sustainable law-firm profitability and excellence takes aconcerted effort on any managerrsquos partto become and remain the leader that isthe glue in the firmrsquos organizationalculture
Leaders must be honest and trans-parent about current conditions whilstremaining positive and reassuring En-gage Consulting Solutions in its publi-cation Engaging Employees in Uncertain
Times suggests that you must counteractpervasive negativity by providing clear
consistent messaging about the firmrsquosreality regardless of the reality In addi-tion focusing on programs that pro-mote recognition employee wellnesslearning and development are also seenas crucial to reducing the uncertaintywhile increasing retention and engage-ment
The July-August 2009 issue of The
Harvard Business Review lists new requiredleadership skills particularly vital in ourclimate of economic uncertainty 1) Foster Adaptation ndash For instance de-
velop ldquonext practicesrdquo in addition tocontinuing with current best practices
2) Embrace disequilibrium ndash While thisseems to depart from traditional lead-ership efforts to create a harmoniousequilibrium it is suggested you keepstaff in a state that creates enough dis-comfort to induce change but not somuch that they fight flee or freeze
3) Generate leadership ndash Give employ-ees at all levels of the organizationthe opportunity to lead departmentsor firm initiatives that will help itadapt to changing timesA suggestion to Administrators and
HR managers struggling with difficult sit-uations Ensure you take care of yourselfthroughout these dynamic times Cam-bridge Leadership suggests that you 1) Give yourself permission to be both
optimistic and realistic2) Find sanctuaries where you can reflect
on events and gain perspective 3) Reach out to trusted confidants with
whom you can speak openly 4) Bring more of your emotional self to
the workplace noting that appropriatedisplays of emotion can effect change
5) Do not lose yourself in your role nordefine yourself through a single en-deavourThrough these uneasy times we must
skillfully balance the profitability of thepartnership with a healthy organizationalclimate for the firm
They are not mutually exclusive dur-ing economic uncertainty but do requirecareful planning and actions by law firmmanagers to advance our stature withinthe decision-making process to that of alaw-firm leader
dentials except for affidavits and orders Efficient ndash Law firms will like the ease
and convenience as well as the effi-ciencies gained E-Filing allows you tofile retrieve and electronically searchfiles from your office or home It sim-plifies document preparation for of-fices by eliminating the need to printand prepare multiple copies of docu-ments for filing After submitting your documents you
can check on the status at any time sim-ply by logging in at CSO If requestedCSO will automatically send an e-mailnotification as soon as the registry hasprocessed the document
Once the registry accepts the e-Fileddocument it is electronically stampedYou can then download the documentfor your files Enviromental ndash E-Filing can offer a
greener solution for offices by eliminat-ing the need to print and prepare mul-tiple copies of documents for filing As a result your office can use less
paper E-Filed documents do not need tobe physically transported thereby reduc-
BC Court E-Filing from Page 10
Topics 20
ResourcesE-Filing is available for most types of docu-
ments For e-Filing rules refer to SupremeCourt Rule 69 which is athellip
lthttptinyurlcomnasoj9gthellipand Small Claims Rule 22 located
at lthttptinyurlcoml7ch8ggtThere are quite a few Rules on each of these
web pages so once you arrive use your brows-
errsquos Find command to quickly search the page
for the text Rule 69 in the one case or Rule22 in the other
You can register for a CSO account online
through the CSO website atltwwwcourtservicesonlinegovbccagtor if you are a BC OnLine user through BC
OnLine at
lthttpswwwbconlinegovbccagtPlease visit Court Services Online at
wwwcourtservicesonlinegovbcca Questions can be e-mailed to
CourtsCSOgovbcca
E-Filing to Page 21
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
By Michael J Anderson Principal Innovative Consulting
Sometimes whenwe have our
heads down justploughing awaythrough the fires onour desk we losesight of the funda-mental things thatwe should do togrow our practices
Wersquore not talkingabout huge expensive or complex mar-keting strategies here We are just remind-ing you of the basics Several of you prob-ably already do many of these thingsseveral of you probably plan to do manyof these things Our hope is that this listwill remind you of what it takes to expandyour practice and spur you on to turnyour best intentions into best practicesWe also hope that you will gain some newideas and insights
The following in no particular order
is provided as a checklist for what youmight want to do to become more profitable
1Get out of the office Every great RainMaker will tell you that you must meet
with your current and potential clients of-ten either on their turf or on neutralground
2The old 8020 rule still applies Yes 80of your new work will probably come
from 20 of your current clients Do youknow which of your clients provide youwith the most work If you do how areyou building on that relationship We seetoo many firms and lawyers spendinggobs of time and money trying to attractan elusive new big client Your best tar-get for success is the client you alreadyknow and who already knows you
3Just say ldquoNordquo Being fearful of whereour next file will come from makes us
want to accept every possible bit of workthat might come in the door whether thework is profitable whether we have goodprospects for getting paid whether it is anarea of law in which we are comfortableor whether our time could be better spentattempting to land the work that we reallywant at rates that will help us to succeedIt seems to be the credo for many lawyersthat ldquoThey have never met a dollar theydidnrsquot likerdquo Instead ldquoFocus on the goodstuffrdquo as professional-business consultantDavid Maister would say
4Budget your time and money Typically alawyer works about 2500 hours each
year roughly split between 1400 billablehours and 1100 non-billable hours Thenon-billable time is broken into segmentsfor management associate training per-sonal education research and marketingWe suggest that every lawyer allows forabout 600 hours per year for marketingtheir practice with a marketing budget ofbetween 2 and 5 of their gross rev-enues The marketing should include ad-vertising website creation and mainte-nance marketing-skills training andclient promotion-among other things
5Get involved We have a moral duty togive back to our communities
Choose a charity community group po-litical organization or business associa-tion that you enjoy and is important toyou Many of these types of groups are
looking to add a lawyer or two to theirboards In addition to contributing to agreater common good you will also net-work with other successful business peo-ple
6Market internally Ensure that everyonein your firm knows all of the facets of
the work you are capable of handling theareas in which you are looking to expandand your availability to handle the workAsk your partners about possible cross-selling opportunities Since cross-selling isa two-way street look at your own clientlist for possible situations to offer yourpartners For younger lawyers internal
marketing is possibly the only marketingthat they can do as their peer group hasnot yet risen to positions or situationswhere they can direct legal files to theirfriends Every young lawyer should askthe more senior members of their firm forwork on a weekly basis A lot of work willtransfer down to them if they prove theycan handle it
ing fuel consumption and its environ-mental impact Inexpensive ndash An office can reap sav-
ings from e-Filing through reducedprinting costs as well as reducedcosts from delivering documents tothe registry particularly when fil-ing beyond the local registry There is a $7 e-Filing transaction
fee per filing package regardless ofwhere the document is filed A filingpackage is any number of documentsbeing e-Filed to the same court file atthe same time The transaction feeand any applicable statutory filing feesare paid online through a BC OnLine
deposit account or with a credit card With all of these positive reasons
to e-File why not give it a try Go on-line today to view a demonstration ofhow to e-File to an existing court fileor how to use e-File to start a newcourt file
15 ideas for improving your practice
BC Court E-Filing from Page 20
21Topics
Michael Anderson
HOW DO FIRMS USE ON-LINEVIDEO TO VIEW AN
EFFECTIVE USE OF THISMEDIUM VISIT TORYrsquoS
WWWTORYSCOMVIDEOCENTERPAGESDEFAULTASPX
SINCE CROSS-SELLING IS ATWO-WAY STREET LOOK ATYOUR OWN CLIENT LIST FOR
POSSIBLE SITUATIONS TOOFFER YOUR PARTNERS
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
7Go to school Many lawyers can benefitgreatly from marketing training or
personal coaching In the old days a se-nior partner would grab an associate bythe scruff of the neck drag them toclient lunches and warn them to just sitthere keep their mouth shut and learnAnd they did learn Similarly we needto develop ways to share the marketingskills that already reside within ourfirms especially for our youngermembers
8Create a ldquoDream Listrdquo In aperfect world who
would you have as clientsand what type of workwould they send you Onceyou have the list startstrategizing on how youcan get an introductionand what you would saywhen you finally meetthem Why should theyhire you What will set youapart from your competi-tion After all many clientsfeel that most lawyers arethe same ndash they point tolaw firm websites andbrochures where you willsee that most of them at-tempt to sell ldquoBetter Fasteramp Cheaperrdquo Differentiateyourself Innovate
9Research Do you trulyunderstand your clientsrsquo
core needs What issueskeep them awake at nightand what can you do tohelp them Use the Inter-net to gather informationabout your current and po-tential clients Use that datato customize your proposalto them This demonstratesan understanding of theirbusiness and a commitment tohelp them enhance it
10CRM Institute a Customer Relation-ship Management program that will
track who when how and what the nextsteps are in your marketing strategy A sim-ple and inexpensive option like MicrosoftOutlook or a more legal-specific option like
Amicus Attorney will get your started
11Write write and write some more Createa perception of expertise by writing
topical articles and getting them pub-lished in relevant print or online maga-zines newsletters and blogs
12Leverage your writing Create a mailingor even better an e-mailing list of
clients and potential clients and send
them copies of the articles that you writeThe goal is to have them say ldquoThis onesure seems to know their stuffrdquo Thenhave the article placed in a strategic loca-tion on your website so that visitors will
also see that you have expertise Take itone step further and create a seminarpresentation or speech using the article asthe basis Undertake each at the personalgroup or firm level ndash or all of the above
13Leverage your people How many timeshave we heard ldquoPush the work
down and free your time to do the moreimportant stuffrdquo Why do many of us still
resist that strategy Whether you are ina large firm with associates or a
sole practitioner with parale-gals use junior practitionersto a greater degree Usingleverage will make youmore profitable and freeyour time for more impor-tant things
14Web support Amongother things websites
are the brochures of the newmillennium Is your websitesupporting your marketingefforts or is it just a neces-sary expense The most ef-fective sites have a lot incommon they are builtfrom a clientrsquos point of viewthey are informative and ed-ucational they display yourexpertise they have person-ality they are well ldquotaggedrdquoto be picked up in Googletype searches and usevideos effectively
15 Discipline Sometimesour best intentions lack thediscipline to carry out whatwe know we need to doDevelop a strategy with atimetable to accomplish theplan Start with this check-list and add to it as youprogress along the road to
growing your practice Wehope that this will help you to
focus on the issues that are mostimportant for you and your firm go-
ing forward
Michael J Anderson is a principal in Inno-
vative Consulting Hersquos based in Vancouver and
can be reached at 6042724222 or at
andersoninnovativeconsultingca
Topics 22
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
SUMMER 2009
Editor Stephanie MarshManaging Editor Designer Peter Morgan
This issue is also available in PDF format atlthttpwwwbclmaorggt
Topics Archive amp Indexlthttpwwwbclmaorggt
Editorial copy 2009 BCLMA CANADA
Published by MORGANNewsletters 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 BC It is the BCLMA lsquos goal toprovide educational and networking opportunitiesto 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
NEWSLETTER SERVICES
TOPICS is a public newsletter We will be pleased toadd you to our mailing list for this newsletter Pleasecontact the Editorial Committee Chair or any mem-ber of the Editorial Committee listed on the left forcomments on any of these articles or to offer sugges-tions for articles in future issues or for adjustments tothe circulation list Comments are always welcome
REPRODUCTION RIGHTS
Topics is copyrighted however we encourage you tocirculate or copy this material unmodified for yourown internal or private use You may freely quoteany article or portion of article but it must be ac-companied by attribution Quoting any article orportion of article without attribution is prohibitedThe newsletter its contents or its material may notbe sold intact or modified nor included in anypackage or product offered for sale
EXECUTIVE Stephanie Marsh President
Fasken Martineau2900 550 Burrard StreetVancouver Canada V6C 0A3D 6046314767F 604-631-3232SMarshFaskencom
Jan Whyte Vice-President
Murphy Battista2020 650 West Georgia StreetVancouver BC V6B 4N7D 6046333811F 604-683-5084WhyteMurphyBattistacom
Gary Carter Director
Paine Edmonds LLP1100 510 Burrard StreetVancouver BC V6C 3A8P 6046831211F 604-681-5084GCarterPaine-Edmondscom
Cindy Hildebrandt Director
Richards Buell Sutton LLP700 ndash 401 West Georgia StreetVancouver BC V6B 5A1P 6046823664D 6046619267F 604-688-3830CHildebrandtrbsca
Evenna Liu Director
Oyen Wiggs Green amp Mutala LLP480 ndash 601 Cordova Street WVancouver BC V6B 1G1D 604-676-9074F 604-681-4081ELiuPatentablecom
Barb Marshall Director
Fasken Martineau2900 ndash 550 Burrard StreetVancouver BC V6C 0A3D 6046314991F 604-631-3232BMarshallFaskencom
Angela Zarowny Treasurer
Direct 6043510124azanddzShawca
Jane Kennedy Administrator amp Membership Services
BCLMA
PO Box 75562RPO Edgemont VillageNorth Vancouver V7R 4X1P 6049881221F 604-988-1221MembershipBCLMAorg
SUBSECTION LEADERS
Facilities amp Service ManagementJanice McAuley Co-Chair
Lawson Lundell LLP1600 ndash 925 West Georgia StreetVancouver Canada V6C 3L2D 604-631-9254F 604-669-1620JMcAuleyLawsonLundellcom
Lorraine Burchynsky Co-Chair
Boughton Law CorporationSuite 700 ndash 595 Burrard StreetVancouver Canada V7X 1S8D 6046474162P 6046876789F 604-683-5317LBurchynskyBoughtonca
FinanceSheila Tham Co-Chair
Watson Goepel Maledy LLP1700 ndash 1075 West Georgia StVancouver BC V6E 3C9P 6046881301F 604-688-8193SThamWGMlawcom
Linda Lucas Co-chairDavis LLP2800 Park Place 666 Burrard StVancouver BC V6C 2Z7D 6046436305F 604-687-1612E LLucasDavisca
Human ResourcesTina Giallonardo Chair
Miller Thomson LLP1800 840 Howe StVancouver BC V6Z 2M1P 6046872242F 604-643-1200TGiallonardoMillerThomsonc
Knowledge ManagementGreg Christensen Chair
Fasken Martineau2900ndash550 Burrard StreetVancouver Canada V6C 0A3D 6046314993F 604-631-3232GChristensenFaskencom
MarketingRecruiting
Small FirmsSharon Kwong Wah Chair
Young Anderson1616 ndash 808 Nelson StreetVancouver Canada V6Z 2H2 D 604-689-7400F 604-689-3444KWongWahLYAbcca
TrainersRuth-Ann Spencer Co-Chair
Bull Housser amp Tupper LLP 3000 1055 West Georgia Street Vancouver BC V6E 3R3 D 6046414921 F 604-646-2638 RASBHTcom
Lisa Dick Co-Chair
Fasken Martineau 2900ndash550 Burrard Street Vancouver V6C 0A3 P 6046313131 F 604-631-3232 LDickFaskencom
Technology Aaron Fahlman Co-Chair
Fasken Martineau2900 550 Burrard StreetVancouver Canada V6C 0A3D 6046314960F 604-631-3232AFahlmanFaskencom
Aaron Zuccolin Co-Chair
Watson Goepel Maledy LLP1700 ndash 1075 West Georgia StreetVancouver BC V6E 3C9 D 6046425661F 604-688-8193AZuccolinWGMlawcom
EDITORIAL COMMITTEE
Bob Waterman Chair
Richards Buell Sutton LLPD 6046619241F 604-688-3830BWatermanRBSca
Stephanie Marsh Editor
Fasken Martineau2900 550 Burrard StreetVancouver Canada V6C 0A3D 6046314767F 604-631-3232SMarshFaskencom
Mike BowerbankBurnabyMikeYahoocom
Lorraine BurchynskyBoughton Law CorporationSuite 700 ndash 595 Burrard StreetVancouver Canada V7X 1S8D 6046474162P 6046876789F 604-683-5317LBurchynskyBoughtonca
Paula ButlerBarrister amp Solicitor200 100 Park RoyalWest Vancouver BC V7T 1A2P 6047820373F 604-983-0372PButlerPaulaButlercom
Tim WurtzBaker Newby LLP9259 Main StChilliwack BC V2P 6K2P (1) 6047921376F (1) 604-792-8711TWurtzBakerNewbycom
BCLMA EXECUTIVE amp SECTION LEADERS
DENN
ISCO
X
BC Legal Management Association
tions or layoffs as drastic and developstrong feelings against managementLeaders must remain aware of the per-ceptions of their Partnership BoardManagement ndash and staff All three groupsinfluence a leaderrsquos ability to implementchange specifically to bring about signifi-cant staffing reassignments
Much literature exists about the dis-tinction between leaders and managerswith leaders having vision and creativityand managers focusing on improving ef-ficiency Leaders should exercise dili-gence toward gaining an understandingof their capacity within the organizationto properly apply leadership theories ifappropriate
During uncertain times we need tothink about adaptive and situational lead-ership-the right person with the rightstyle for the right situation Mining theInternet and academic journals for de-scriptions of leadership styles yields hun-dreds of words typically used to describe
a vast variety of leadership traits andtechniques
Two styles reside on opposite ends ofthe spectrum Visionary Leaders and Au-thoritative Leaders A visionary leaderpossesses a charismatic personality em-braces a democratic approach to the de-cision-making process and tries to en-gage staff in ongoing strategic initiatives
An authoritative leader prefers au-tonomous control over decision-makingmotivates employees using various formsof intimidation shows reluctance at relin-quishing control and fails to actively seekfeedback throughout management pro-cesses During difficult and emotionalstaff terminations and re-assignments theenormous grey area between these two
styles is required to carefully steer yourship through difficult waters
Use components of visionary leader-ship to bring employees into the world ofdecision-making Solicit ideas Listen towhat staff say when you introduce cost-saving measures For employees who areterminated or laid-off consider outplace-ment services a mutually agreeable refer-ence letter and perhaps access to thefirmrsquos resources or referral networks sothey can actively seek other employmentFor employees who are retained and pos-sibly required to assume additional re-sponsibilities for the same or less paythink about new benefits you can offerthem such as additional training andsupport
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Topics 19
TERMINATIONS OR LAYOFFS ARE ABOUT LOSS BUT THEY ALSO CREATE OPPORTUNITYFOR US AS LEADERS AND MANAGERS
JAM
ESTH
EW
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Use aspects authoritative leadership toreinforce the notion that difficult deci-sions are inevitable that assuming issuesassociated with terminations or downsiz-ing will solve themselves over time is irre-sponsible It is important not be per-ceived as laissez-faire in yourmanagement capacity and to clearly es-tablish that while difficult the decisionsmust be respected
We are expected to possess the skills toproperly and compassionately deliver badnews to staff As managers it is our dutyto be knowledgeable of how people willreact and deal with the ramifications ofour actions Often the problems in work-force reductions arise when people donrsquotsee logic in why they were laid off andothers kept their jobs People draw theirown conclusions
I know first-hand that remaining stafftypically formulate their own complextapestry of reasons to explain why some-one has been let go These conclusionscanrsquot include aspects of the decision-mak-ing process to which they are not privy
It is counter-productive however toargue with this mentality as they are typ-ically emotionally driven conclusions Ra-tionalization may serve to further fuel thefire of distrust of management
However we cannot ignore it entirelyeither We will need to address the ru-mours and speculation either as a groupor one-on-one
Terminations or lay-offs are aboutloss but they also create opportunityfor us as leaders and managers Ourwords and actions can inspire loyaltyand enthusiasm Vision and authoritymake great bedfellows in any leaderrsquosarsenal of tools but sustainable law-firm profitability and excellence takes aconcerted effort on any managerrsquos partto become and remain the leader that isthe glue in the firmrsquos organizationalculture
Leaders must be honest and trans-parent about current conditions whilstremaining positive and reassuring En-gage Consulting Solutions in its publi-cation Engaging Employees in Uncertain
Times suggests that you must counteractpervasive negativity by providing clear
consistent messaging about the firmrsquosreality regardless of the reality In addi-tion focusing on programs that pro-mote recognition employee wellnesslearning and development are also seenas crucial to reducing the uncertaintywhile increasing retention and engage-ment
The July-August 2009 issue of The
Harvard Business Review lists new requiredleadership skills particularly vital in ourclimate of economic uncertainty 1) Foster Adaptation ndash For instance de-
velop ldquonext practicesrdquo in addition tocontinuing with current best practices
2) Embrace disequilibrium ndash While thisseems to depart from traditional lead-ership efforts to create a harmoniousequilibrium it is suggested you keepstaff in a state that creates enough dis-comfort to induce change but not somuch that they fight flee or freeze
3) Generate leadership ndash Give employ-ees at all levels of the organizationthe opportunity to lead departmentsor firm initiatives that will help itadapt to changing timesA suggestion to Administrators and
HR managers struggling with difficult sit-uations Ensure you take care of yourselfthroughout these dynamic times Cam-bridge Leadership suggests that you 1) Give yourself permission to be both
optimistic and realistic2) Find sanctuaries where you can reflect
on events and gain perspective 3) Reach out to trusted confidants with
whom you can speak openly 4) Bring more of your emotional self to
the workplace noting that appropriatedisplays of emotion can effect change
5) Do not lose yourself in your role nordefine yourself through a single en-deavourThrough these uneasy times we must
skillfully balance the profitability of thepartnership with a healthy organizationalclimate for the firm
They are not mutually exclusive dur-ing economic uncertainty but do requirecareful planning and actions by law firmmanagers to advance our stature withinthe decision-making process to that of alaw-firm leader
dentials except for affidavits and orders Efficient ndash Law firms will like the ease
and convenience as well as the effi-ciencies gained E-Filing allows you tofile retrieve and electronically searchfiles from your office or home It sim-plifies document preparation for of-fices by eliminating the need to printand prepare multiple copies of docu-ments for filing After submitting your documents you
can check on the status at any time sim-ply by logging in at CSO If requestedCSO will automatically send an e-mailnotification as soon as the registry hasprocessed the document
Once the registry accepts the e-Fileddocument it is electronically stampedYou can then download the documentfor your files Enviromental ndash E-Filing can offer a
greener solution for offices by eliminat-ing the need to print and prepare mul-tiple copies of documents for filing As a result your office can use less
paper E-Filed documents do not need tobe physically transported thereby reduc-
BC Court E-Filing from Page 10
Topics 20
ResourcesE-Filing is available for most types of docu-
ments For e-Filing rules refer to SupremeCourt Rule 69 which is athellip
lthttptinyurlcomnasoj9gthellipand Small Claims Rule 22 located
at lthttptinyurlcoml7ch8ggtThere are quite a few Rules on each of these
web pages so once you arrive use your brows-
errsquos Find command to quickly search the page
for the text Rule 69 in the one case or Rule22 in the other
You can register for a CSO account online
through the CSO website atltwwwcourtservicesonlinegovbccagtor if you are a BC OnLine user through BC
OnLine at
lthttpswwwbconlinegovbccagtPlease visit Court Services Online at
wwwcourtservicesonlinegovbcca Questions can be e-mailed to
CourtsCSOgovbcca
E-Filing to Page 21
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
By Michael J Anderson Principal Innovative Consulting
Sometimes whenwe have our
heads down justploughing awaythrough the fires onour desk we losesight of the funda-mental things thatwe should do togrow our practices
Wersquore not talkingabout huge expensive or complex mar-keting strategies here We are just remind-ing you of the basics Several of you prob-ably already do many of these thingsseveral of you probably plan to do manyof these things Our hope is that this listwill remind you of what it takes to expandyour practice and spur you on to turnyour best intentions into best practicesWe also hope that you will gain some newideas and insights
The following in no particular order
is provided as a checklist for what youmight want to do to become more profitable
1Get out of the office Every great RainMaker will tell you that you must meet
with your current and potential clients of-ten either on their turf or on neutralground
2The old 8020 rule still applies Yes 80of your new work will probably come
from 20 of your current clients Do youknow which of your clients provide youwith the most work If you do how areyou building on that relationship We seetoo many firms and lawyers spendinggobs of time and money trying to attractan elusive new big client Your best tar-get for success is the client you alreadyknow and who already knows you
3Just say ldquoNordquo Being fearful of whereour next file will come from makes us
want to accept every possible bit of workthat might come in the door whether thework is profitable whether we have goodprospects for getting paid whether it is anarea of law in which we are comfortableor whether our time could be better spentattempting to land the work that we reallywant at rates that will help us to succeedIt seems to be the credo for many lawyersthat ldquoThey have never met a dollar theydidnrsquot likerdquo Instead ldquoFocus on the goodstuffrdquo as professional-business consultantDavid Maister would say
4Budget your time and money Typically alawyer works about 2500 hours each
year roughly split between 1400 billablehours and 1100 non-billable hours Thenon-billable time is broken into segmentsfor management associate training per-sonal education research and marketingWe suggest that every lawyer allows forabout 600 hours per year for marketingtheir practice with a marketing budget ofbetween 2 and 5 of their gross rev-enues The marketing should include ad-vertising website creation and mainte-nance marketing-skills training andclient promotion-among other things
5Get involved We have a moral duty togive back to our communities
Choose a charity community group po-litical organization or business associa-tion that you enjoy and is important toyou Many of these types of groups are
looking to add a lawyer or two to theirboards In addition to contributing to agreater common good you will also net-work with other successful business peo-ple
6Market internally Ensure that everyonein your firm knows all of the facets of
the work you are capable of handling theareas in which you are looking to expandand your availability to handle the workAsk your partners about possible cross-selling opportunities Since cross-selling isa two-way street look at your own clientlist for possible situations to offer yourpartners For younger lawyers internal
marketing is possibly the only marketingthat they can do as their peer group hasnot yet risen to positions or situationswhere they can direct legal files to theirfriends Every young lawyer should askthe more senior members of their firm forwork on a weekly basis A lot of work willtransfer down to them if they prove theycan handle it
ing fuel consumption and its environ-mental impact Inexpensive ndash An office can reap sav-
ings from e-Filing through reducedprinting costs as well as reducedcosts from delivering documents tothe registry particularly when fil-ing beyond the local registry There is a $7 e-Filing transaction
fee per filing package regardless ofwhere the document is filed A filingpackage is any number of documentsbeing e-Filed to the same court file atthe same time The transaction feeand any applicable statutory filing feesare paid online through a BC OnLine
deposit account or with a credit card With all of these positive reasons
to e-File why not give it a try Go on-line today to view a demonstration ofhow to e-File to an existing court fileor how to use e-File to start a newcourt file
15 ideas for improving your practice
BC Court E-Filing from Page 20
21Topics
Michael Anderson
HOW DO FIRMS USE ON-LINEVIDEO TO VIEW AN
EFFECTIVE USE OF THISMEDIUM VISIT TORYrsquoS
WWWTORYSCOMVIDEOCENTERPAGESDEFAULTASPX
SINCE CROSS-SELLING IS ATWO-WAY STREET LOOK ATYOUR OWN CLIENT LIST FOR
POSSIBLE SITUATIONS TOOFFER YOUR PARTNERS
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
7Go to school Many lawyers can benefitgreatly from marketing training or
personal coaching In the old days a se-nior partner would grab an associate bythe scruff of the neck drag them toclient lunches and warn them to just sitthere keep their mouth shut and learnAnd they did learn Similarly we needto develop ways to share the marketingskills that already reside within ourfirms especially for our youngermembers
8Create a ldquoDream Listrdquo In aperfect world who
would you have as clientsand what type of workwould they send you Onceyou have the list startstrategizing on how youcan get an introductionand what you would saywhen you finally meetthem Why should theyhire you What will set youapart from your competi-tion After all many clientsfeel that most lawyers arethe same ndash they point tolaw firm websites andbrochures where you willsee that most of them at-tempt to sell ldquoBetter Fasteramp Cheaperrdquo Differentiateyourself Innovate
9Research Do you trulyunderstand your clientsrsquo
core needs What issueskeep them awake at nightand what can you do tohelp them Use the Inter-net to gather informationabout your current and po-tential clients Use that datato customize your proposalto them This demonstratesan understanding of theirbusiness and a commitment tohelp them enhance it
10CRM Institute a Customer Relation-ship Management program that will
track who when how and what the nextsteps are in your marketing strategy A sim-ple and inexpensive option like MicrosoftOutlook or a more legal-specific option like
Amicus Attorney will get your started
11Write write and write some more Createa perception of expertise by writing
topical articles and getting them pub-lished in relevant print or online maga-zines newsletters and blogs
12Leverage your writing Create a mailingor even better an e-mailing list of
clients and potential clients and send
them copies of the articles that you writeThe goal is to have them say ldquoThis onesure seems to know their stuffrdquo Thenhave the article placed in a strategic loca-tion on your website so that visitors will
also see that you have expertise Take itone step further and create a seminarpresentation or speech using the article asthe basis Undertake each at the personalgroup or firm level ndash or all of the above
13Leverage your people How many timeshave we heard ldquoPush the work
down and free your time to do the moreimportant stuffrdquo Why do many of us still
resist that strategy Whether you are ina large firm with associates or a
sole practitioner with parale-gals use junior practitionersto a greater degree Usingleverage will make youmore profitable and freeyour time for more impor-tant things
14Web support Amongother things websites
are the brochures of the newmillennium Is your websitesupporting your marketingefforts or is it just a neces-sary expense The most ef-fective sites have a lot incommon they are builtfrom a clientrsquos point of viewthey are informative and ed-ucational they display yourexpertise they have person-ality they are well ldquotaggedrdquoto be picked up in Googletype searches and usevideos effectively
15 Discipline Sometimesour best intentions lack thediscipline to carry out whatwe know we need to doDevelop a strategy with atimetable to accomplish theplan Start with this check-list and add to it as youprogress along the road to
growing your practice Wehope that this will help you to
focus on the issues that are mostimportant for you and your firm go-
ing forward
Michael J Anderson is a principal in Inno-
vative Consulting Hersquos based in Vancouver and
can be reached at 6042724222 or at
andersoninnovativeconsultingca
Topics 22
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
SUMMER 2009
Editor Stephanie MarshManaging Editor Designer Peter Morgan
This issue is also available in PDF format atlthttpwwwbclmaorggt
Topics Archive amp Indexlthttpwwwbclmaorggt
Editorial copy 2009 BCLMA CANADA
Published by MORGANNewsletters 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 BC It is the BCLMA lsquos goal toprovide educational and networking opportunitiesto 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
NEWSLETTER SERVICES
TOPICS is a public newsletter We will be pleased toadd you to our mailing list for this newsletter Pleasecontact the Editorial Committee Chair or any mem-ber of the Editorial Committee listed on the left forcomments on any of these articles or to offer sugges-tions for articles in future issues or for adjustments tothe circulation list Comments are always welcome
REPRODUCTION RIGHTS
Topics is copyrighted however we encourage you tocirculate or copy this material unmodified for yourown internal or private use You may freely quoteany article or portion of article but it must be ac-companied by attribution Quoting any article orportion of article without attribution is prohibitedThe newsletter its contents or its material may notbe sold intact or modified nor included in anypackage or product offered for sale
EXECUTIVE Stephanie Marsh President
Fasken Martineau2900 550 Burrard StreetVancouver Canada V6C 0A3D 6046314767F 604-631-3232SMarshFaskencom
Jan Whyte Vice-President
Murphy Battista2020 650 West Georgia StreetVancouver BC V6B 4N7D 6046333811F 604-683-5084WhyteMurphyBattistacom
Gary Carter Director
Paine Edmonds LLP1100 510 Burrard StreetVancouver BC V6C 3A8P 6046831211F 604-681-5084GCarterPaine-Edmondscom
Cindy Hildebrandt Director
Richards Buell Sutton LLP700 ndash 401 West Georgia StreetVancouver BC V6B 5A1P 6046823664D 6046619267F 604-688-3830CHildebrandtrbsca
Evenna Liu Director
Oyen Wiggs Green amp Mutala LLP480 ndash 601 Cordova Street WVancouver BC V6B 1G1D 604-676-9074F 604-681-4081ELiuPatentablecom
Barb Marshall Director
Fasken Martineau2900 ndash 550 Burrard StreetVancouver BC V6C 0A3D 6046314991F 604-631-3232BMarshallFaskencom
Angela Zarowny Treasurer
Direct 6043510124azanddzShawca
Jane Kennedy Administrator amp Membership Services
BCLMA
PO Box 75562RPO Edgemont VillageNorth Vancouver V7R 4X1P 6049881221F 604-988-1221MembershipBCLMAorg
SUBSECTION LEADERS
Facilities amp Service ManagementJanice McAuley Co-Chair
Lawson Lundell LLP1600 ndash 925 West Georgia StreetVancouver Canada V6C 3L2D 604-631-9254F 604-669-1620JMcAuleyLawsonLundellcom
Lorraine Burchynsky Co-Chair
Boughton Law CorporationSuite 700 ndash 595 Burrard StreetVancouver Canada V7X 1S8D 6046474162P 6046876789F 604-683-5317LBurchynskyBoughtonca
FinanceSheila Tham Co-Chair
Watson Goepel Maledy LLP1700 ndash 1075 West Georgia StVancouver BC V6E 3C9P 6046881301F 604-688-8193SThamWGMlawcom
Linda Lucas Co-chairDavis LLP2800 Park Place 666 Burrard StVancouver BC V6C 2Z7D 6046436305F 604-687-1612E LLucasDavisca
Human ResourcesTina Giallonardo Chair
Miller Thomson LLP1800 840 Howe StVancouver BC V6Z 2M1P 6046872242F 604-643-1200TGiallonardoMillerThomsonc
Knowledge ManagementGreg Christensen Chair
Fasken Martineau2900ndash550 Burrard StreetVancouver Canada V6C 0A3D 6046314993F 604-631-3232GChristensenFaskencom
MarketingRecruiting
Small FirmsSharon Kwong Wah Chair
Young Anderson1616 ndash 808 Nelson StreetVancouver Canada V6Z 2H2 D 604-689-7400F 604-689-3444KWongWahLYAbcca
TrainersRuth-Ann Spencer Co-Chair
Bull Housser amp Tupper LLP 3000 1055 West Georgia Street Vancouver BC V6E 3R3 D 6046414921 F 604-646-2638 RASBHTcom
Lisa Dick Co-Chair
Fasken Martineau 2900ndash550 Burrard Street Vancouver V6C 0A3 P 6046313131 F 604-631-3232 LDickFaskencom
Technology Aaron Fahlman Co-Chair
Fasken Martineau2900 550 Burrard StreetVancouver Canada V6C 0A3D 6046314960F 604-631-3232AFahlmanFaskencom
Aaron Zuccolin Co-Chair
Watson Goepel Maledy LLP1700 ndash 1075 West Georgia StreetVancouver BC V6E 3C9 D 6046425661F 604-688-8193AZuccolinWGMlawcom
EDITORIAL COMMITTEE
Bob Waterman Chair
Richards Buell Sutton LLPD 6046619241F 604-688-3830BWatermanRBSca
Stephanie Marsh Editor
Fasken Martineau2900 550 Burrard StreetVancouver Canada V6C 0A3D 6046314767F 604-631-3232SMarshFaskencom
Mike BowerbankBurnabyMikeYahoocom
Lorraine BurchynskyBoughton Law CorporationSuite 700 ndash 595 Burrard StreetVancouver Canada V7X 1S8D 6046474162P 6046876789F 604-683-5317LBurchynskyBoughtonca
Paula ButlerBarrister amp Solicitor200 100 Park RoyalWest Vancouver BC V7T 1A2P 6047820373F 604-983-0372PButlerPaulaButlercom
Tim WurtzBaker Newby LLP9259 Main StChilliwack BC V2P 6K2P (1) 6047921376F (1) 604-792-8711TWurtzBakerNewbycom
BCLMA EXECUTIVE amp SECTION LEADERS
DENN
ISCO
X
BC Legal Management Association
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
Use aspects authoritative leadership toreinforce the notion that difficult deci-sions are inevitable that assuming issuesassociated with terminations or downsiz-ing will solve themselves over time is irre-sponsible It is important not be per-ceived as laissez-faire in yourmanagement capacity and to clearly es-tablish that while difficult the decisionsmust be respected
We are expected to possess the skills toproperly and compassionately deliver badnews to staff As managers it is our dutyto be knowledgeable of how people willreact and deal with the ramifications ofour actions Often the problems in work-force reductions arise when people donrsquotsee logic in why they were laid off andothers kept their jobs People draw theirown conclusions
I know first-hand that remaining stafftypically formulate their own complextapestry of reasons to explain why some-one has been let go These conclusionscanrsquot include aspects of the decision-mak-ing process to which they are not privy
It is counter-productive however toargue with this mentality as they are typ-ically emotionally driven conclusions Ra-tionalization may serve to further fuel thefire of distrust of management
However we cannot ignore it entirelyeither We will need to address the ru-mours and speculation either as a groupor one-on-one
Terminations or lay-offs are aboutloss but they also create opportunityfor us as leaders and managers Ourwords and actions can inspire loyaltyand enthusiasm Vision and authoritymake great bedfellows in any leaderrsquosarsenal of tools but sustainable law-firm profitability and excellence takes aconcerted effort on any managerrsquos partto become and remain the leader that isthe glue in the firmrsquos organizationalculture
Leaders must be honest and trans-parent about current conditions whilstremaining positive and reassuring En-gage Consulting Solutions in its publi-cation Engaging Employees in Uncertain
Times suggests that you must counteractpervasive negativity by providing clear
consistent messaging about the firmrsquosreality regardless of the reality In addi-tion focusing on programs that pro-mote recognition employee wellnesslearning and development are also seenas crucial to reducing the uncertaintywhile increasing retention and engage-ment
The July-August 2009 issue of The
Harvard Business Review lists new requiredleadership skills particularly vital in ourclimate of economic uncertainty 1) Foster Adaptation ndash For instance de-
velop ldquonext practicesrdquo in addition tocontinuing with current best practices
2) Embrace disequilibrium ndash While thisseems to depart from traditional lead-ership efforts to create a harmoniousequilibrium it is suggested you keepstaff in a state that creates enough dis-comfort to induce change but not somuch that they fight flee or freeze
3) Generate leadership ndash Give employ-ees at all levels of the organizationthe opportunity to lead departmentsor firm initiatives that will help itadapt to changing timesA suggestion to Administrators and
HR managers struggling with difficult sit-uations Ensure you take care of yourselfthroughout these dynamic times Cam-bridge Leadership suggests that you 1) Give yourself permission to be both
optimistic and realistic2) Find sanctuaries where you can reflect
on events and gain perspective 3) Reach out to trusted confidants with
whom you can speak openly 4) Bring more of your emotional self to
the workplace noting that appropriatedisplays of emotion can effect change
5) Do not lose yourself in your role nordefine yourself through a single en-deavourThrough these uneasy times we must
skillfully balance the profitability of thepartnership with a healthy organizationalclimate for the firm
They are not mutually exclusive dur-ing economic uncertainty but do requirecareful planning and actions by law firmmanagers to advance our stature withinthe decision-making process to that of alaw-firm leader
dentials except for affidavits and orders Efficient ndash Law firms will like the ease
and convenience as well as the effi-ciencies gained E-Filing allows you tofile retrieve and electronically searchfiles from your office or home It sim-plifies document preparation for of-fices by eliminating the need to printand prepare multiple copies of docu-ments for filing After submitting your documents you
can check on the status at any time sim-ply by logging in at CSO If requestedCSO will automatically send an e-mailnotification as soon as the registry hasprocessed the document
Once the registry accepts the e-Fileddocument it is electronically stampedYou can then download the documentfor your files Enviromental ndash E-Filing can offer a
greener solution for offices by eliminat-ing the need to print and prepare mul-tiple copies of documents for filing As a result your office can use less
paper E-Filed documents do not need tobe physically transported thereby reduc-
BC Court E-Filing from Page 10
Topics 20
ResourcesE-Filing is available for most types of docu-
ments For e-Filing rules refer to SupremeCourt Rule 69 which is athellip
lthttptinyurlcomnasoj9gthellipand Small Claims Rule 22 located
at lthttptinyurlcoml7ch8ggtThere are quite a few Rules on each of these
web pages so once you arrive use your brows-
errsquos Find command to quickly search the page
for the text Rule 69 in the one case or Rule22 in the other
You can register for a CSO account online
through the CSO website atltwwwcourtservicesonlinegovbccagtor if you are a BC OnLine user through BC
OnLine at
lthttpswwwbconlinegovbccagtPlease visit Court Services Online at
wwwcourtservicesonlinegovbcca Questions can be e-mailed to
CourtsCSOgovbcca
E-Filing to Page 21
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
By Michael J Anderson Principal Innovative Consulting
Sometimes whenwe have our
heads down justploughing awaythrough the fires onour desk we losesight of the funda-mental things thatwe should do togrow our practices
Wersquore not talkingabout huge expensive or complex mar-keting strategies here We are just remind-ing you of the basics Several of you prob-ably already do many of these thingsseveral of you probably plan to do manyof these things Our hope is that this listwill remind you of what it takes to expandyour practice and spur you on to turnyour best intentions into best practicesWe also hope that you will gain some newideas and insights
The following in no particular order
is provided as a checklist for what youmight want to do to become more profitable
1Get out of the office Every great RainMaker will tell you that you must meet
with your current and potential clients of-ten either on their turf or on neutralground
2The old 8020 rule still applies Yes 80of your new work will probably come
from 20 of your current clients Do youknow which of your clients provide youwith the most work If you do how areyou building on that relationship We seetoo many firms and lawyers spendinggobs of time and money trying to attractan elusive new big client Your best tar-get for success is the client you alreadyknow and who already knows you
3Just say ldquoNordquo Being fearful of whereour next file will come from makes us
want to accept every possible bit of workthat might come in the door whether thework is profitable whether we have goodprospects for getting paid whether it is anarea of law in which we are comfortableor whether our time could be better spentattempting to land the work that we reallywant at rates that will help us to succeedIt seems to be the credo for many lawyersthat ldquoThey have never met a dollar theydidnrsquot likerdquo Instead ldquoFocus on the goodstuffrdquo as professional-business consultantDavid Maister would say
4Budget your time and money Typically alawyer works about 2500 hours each
year roughly split between 1400 billablehours and 1100 non-billable hours Thenon-billable time is broken into segmentsfor management associate training per-sonal education research and marketingWe suggest that every lawyer allows forabout 600 hours per year for marketingtheir practice with a marketing budget ofbetween 2 and 5 of their gross rev-enues The marketing should include ad-vertising website creation and mainte-nance marketing-skills training andclient promotion-among other things
5Get involved We have a moral duty togive back to our communities
Choose a charity community group po-litical organization or business associa-tion that you enjoy and is important toyou Many of these types of groups are
looking to add a lawyer or two to theirboards In addition to contributing to agreater common good you will also net-work with other successful business peo-ple
6Market internally Ensure that everyonein your firm knows all of the facets of
the work you are capable of handling theareas in which you are looking to expandand your availability to handle the workAsk your partners about possible cross-selling opportunities Since cross-selling isa two-way street look at your own clientlist for possible situations to offer yourpartners For younger lawyers internal
marketing is possibly the only marketingthat they can do as their peer group hasnot yet risen to positions or situationswhere they can direct legal files to theirfriends Every young lawyer should askthe more senior members of their firm forwork on a weekly basis A lot of work willtransfer down to them if they prove theycan handle it
ing fuel consumption and its environ-mental impact Inexpensive ndash An office can reap sav-
ings from e-Filing through reducedprinting costs as well as reducedcosts from delivering documents tothe registry particularly when fil-ing beyond the local registry There is a $7 e-Filing transaction
fee per filing package regardless ofwhere the document is filed A filingpackage is any number of documentsbeing e-Filed to the same court file atthe same time The transaction feeand any applicable statutory filing feesare paid online through a BC OnLine
deposit account or with a credit card With all of these positive reasons
to e-File why not give it a try Go on-line today to view a demonstration ofhow to e-File to an existing court fileor how to use e-File to start a newcourt file
15 ideas for improving your practice
BC Court E-Filing from Page 20
21Topics
Michael Anderson
HOW DO FIRMS USE ON-LINEVIDEO TO VIEW AN
EFFECTIVE USE OF THISMEDIUM VISIT TORYrsquoS
WWWTORYSCOMVIDEOCENTERPAGESDEFAULTASPX
SINCE CROSS-SELLING IS ATWO-WAY STREET LOOK ATYOUR OWN CLIENT LIST FOR
POSSIBLE SITUATIONS TOOFFER YOUR PARTNERS
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
7Go to school Many lawyers can benefitgreatly from marketing training or
personal coaching In the old days a se-nior partner would grab an associate bythe scruff of the neck drag them toclient lunches and warn them to just sitthere keep their mouth shut and learnAnd they did learn Similarly we needto develop ways to share the marketingskills that already reside within ourfirms especially for our youngermembers
8Create a ldquoDream Listrdquo In aperfect world who
would you have as clientsand what type of workwould they send you Onceyou have the list startstrategizing on how youcan get an introductionand what you would saywhen you finally meetthem Why should theyhire you What will set youapart from your competi-tion After all many clientsfeel that most lawyers arethe same ndash they point tolaw firm websites andbrochures where you willsee that most of them at-tempt to sell ldquoBetter Fasteramp Cheaperrdquo Differentiateyourself Innovate
9Research Do you trulyunderstand your clientsrsquo
core needs What issueskeep them awake at nightand what can you do tohelp them Use the Inter-net to gather informationabout your current and po-tential clients Use that datato customize your proposalto them This demonstratesan understanding of theirbusiness and a commitment tohelp them enhance it
10CRM Institute a Customer Relation-ship Management program that will
track who when how and what the nextsteps are in your marketing strategy A sim-ple and inexpensive option like MicrosoftOutlook or a more legal-specific option like
Amicus Attorney will get your started
11Write write and write some more Createa perception of expertise by writing
topical articles and getting them pub-lished in relevant print or online maga-zines newsletters and blogs
12Leverage your writing Create a mailingor even better an e-mailing list of
clients and potential clients and send
them copies of the articles that you writeThe goal is to have them say ldquoThis onesure seems to know their stuffrdquo Thenhave the article placed in a strategic loca-tion on your website so that visitors will
also see that you have expertise Take itone step further and create a seminarpresentation or speech using the article asthe basis Undertake each at the personalgroup or firm level ndash or all of the above
13Leverage your people How many timeshave we heard ldquoPush the work
down and free your time to do the moreimportant stuffrdquo Why do many of us still
resist that strategy Whether you are ina large firm with associates or a
sole practitioner with parale-gals use junior practitionersto a greater degree Usingleverage will make youmore profitable and freeyour time for more impor-tant things
14Web support Amongother things websites
are the brochures of the newmillennium Is your websitesupporting your marketingefforts or is it just a neces-sary expense The most ef-fective sites have a lot incommon they are builtfrom a clientrsquos point of viewthey are informative and ed-ucational they display yourexpertise they have person-ality they are well ldquotaggedrdquoto be picked up in Googletype searches and usevideos effectively
15 Discipline Sometimesour best intentions lack thediscipline to carry out whatwe know we need to doDevelop a strategy with atimetable to accomplish theplan Start with this check-list and add to it as youprogress along the road to
growing your practice Wehope that this will help you to
focus on the issues that are mostimportant for you and your firm go-
ing forward
Michael J Anderson is a principal in Inno-
vative Consulting Hersquos based in Vancouver and
can be reached at 6042724222 or at
andersoninnovativeconsultingca
Topics 22
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
SUMMER 2009
Editor Stephanie MarshManaging Editor Designer Peter Morgan
This issue is also available in PDF format atlthttpwwwbclmaorggt
Topics Archive amp Indexlthttpwwwbclmaorggt
Editorial copy 2009 BCLMA CANADA
Published by MORGANNewsletters 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 BC It is the BCLMA lsquos goal toprovide educational and networking opportunitiesto 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
NEWSLETTER SERVICES
TOPICS is a public newsletter We will be pleased toadd you to our mailing list for this newsletter Pleasecontact the Editorial Committee Chair or any mem-ber of the Editorial Committee listed on the left forcomments on any of these articles or to offer sugges-tions for articles in future issues or for adjustments tothe circulation list Comments are always welcome
REPRODUCTION RIGHTS
Topics is copyrighted however we encourage you tocirculate or copy this material unmodified for yourown internal or private use You may freely quoteany article or portion of article but it must be ac-companied by attribution Quoting any article orportion of article without attribution is prohibitedThe newsletter its contents or its material may notbe sold intact or modified nor included in anypackage or product offered for sale
EXECUTIVE Stephanie Marsh President
Fasken Martineau2900 550 Burrard StreetVancouver Canada V6C 0A3D 6046314767F 604-631-3232SMarshFaskencom
Jan Whyte Vice-President
Murphy Battista2020 650 West Georgia StreetVancouver BC V6B 4N7D 6046333811F 604-683-5084WhyteMurphyBattistacom
Gary Carter Director
Paine Edmonds LLP1100 510 Burrard StreetVancouver BC V6C 3A8P 6046831211F 604-681-5084GCarterPaine-Edmondscom
Cindy Hildebrandt Director
Richards Buell Sutton LLP700 ndash 401 West Georgia StreetVancouver BC V6B 5A1P 6046823664D 6046619267F 604-688-3830CHildebrandtrbsca
Evenna Liu Director
Oyen Wiggs Green amp Mutala LLP480 ndash 601 Cordova Street WVancouver BC V6B 1G1D 604-676-9074F 604-681-4081ELiuPatentablecom
Barb Marshall Director
Fasken Martineau2900 ndash 550 Burrard StreetVancouver BC V6C 0A3D 6046314991F 604-631-3232BMarshallFaskencom
Angela Zarowny Treasurer
Direct 6043510124azanddzShawca
Jane Kennedy Administrator amp Membership Services
BCLMA
PO Box 75562RPO Edgemont VillageNorth Vancouver V7R 4X1P 6049881221F 604-988-1221MembershipBCLMAorg
SUBSECTION LEADERS
Facilities amp Service ManagementJanice McAuley Co-Chair
Lawson Lundell LLP1600 ndash 925 West Georgia StreetVancouver Canada V6C 3L2D 604-631-9254F 604-669-1620JMcAuleyLawsonLundellcom
Lorraine Burchynsky Co-Chair
Boughton Law CorporationSuite 700 ndash 595 Burrard StreetVancouver Canada V7X 1S8D 6046474162P 6046876789F 604-683-5317LBurchynskyBoughtonca
FinanceSheila Tham Co-Chair
Watson Goepel Maledy LLP1700 ndash 1075 West Georgia StVancouver BC V6E 3C9P 6046881301F 604-688-8193SThamWGMlawcom
Linda Lucas Co-chairDavis LLP2800 Park Place 666 Burrard StVancouver BC V6C 2Z7D 6046436305F 604-687-1612E LLucasDavisca
Human ResourcesTina Giallonardo Chair
Miller Thomson LLP1800 840 Howe StVancouver BC V6Z 2M1P 6046872242F 604-643-1200TGiallonardoMillerThomsonc
Knowledge ManagementGreg Christensen Chair
Fasken Martineau2900ndash550 Burrard StreetVancouver Canada V6C 0A3D 6046314993F 604-631-3232GChristensenFaskencom
MarketingRecruiting
Small FirmsSharon Kwong Wah Chair
Young Anderson1616 ndash 808 Nelson StreetVancouver Canada V6Z 2H2 D 604-689-7400F 604-689-3444KWongWahLYAbcca
TrainersRuth-Ann Spencer Co-Chair
Bull Housser amp Tupper LLP 3000 1055 West Georgia Street Vancouver BC V6E 3R3 D 6046414921 F 604-646-2638 RASBHTcom
Lisa Dick Co-Chair
Fasken Martineau 2900ndash550 Burrard Street Vancouver V6C 0A3 P 6046313131 F 604-631-3232 LDickFaskencom
Technology Aaron Fahlman Co-Chair
Fasken Martineau2900 550 Burrard StreetVancouver Canada V6C 0A3D 6046314960F 604-631-3232AFahlmanFaskencom
Aaron Zuccolin Co-Chair
Watson Goepel Maledy LLP1700 ndash 1075 West Georgia StreetVancouver BC V6E 3C9 D 6046425661F 604-688-8193AZuccolinWGMlawcom
EDITORIAL COMMITTEE
Bob Waterman Chair
Richards Buell Sutton LLPD 6046619241F 604-688-3830BWatermanRBSca
Stephanie Marsh Editor
Fasken Martineau2900 550 Burrard StreetVancouver Canada V6C 0A3D 6046314767F 604-631-3232SMarshFaskencom
Mike BowerbankBurnabyMikeYahoocom
Lorraine BurchynskyBoughton Law CorporationSuite 700 ndash 595 Burrard StreetVancouver Canada V7X 1S8D 6046474162P 6046876789F 604-683-5317LBurchynskyBoughtonca
Paula ButlerBarrister amp Solicitor200 100 Park RoyalWest Vancouver BC V7T 1A2P 6047820373F 604-983-0372PButlerPaulaButlercom
Tim WurtzBaker Newby LLP9259 Main StChilliwack BC V2P 6K2P (1) 6047921376F (1) 604-792-8711TWurtzBakerNewbycom
BCLMA EXECUTIVE amp SECTION LEADERS
DENN
ISCO
X
BC Legal Management Association
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
By Michael J Anderson Principal Innovative Consulting
Sometimes whenwe have our
heads down justploughing awaythrough the fires onour desk we losesight of the funda-mental things thatwe should do togrow our practices
Wersquore not talkingabout huge expensive or complex mar-keting strategies here We are just remind-ing you of the basics Several of you prob-ably already do many of these thingsseveral of you probably plan to do manyof these things Our hope is that this listwill remind you of what it takes to expandyour practice and spur you on to turnyour best intentions into best practicesWe also hope that you will gain some newideas and insights
The following in no particular order
is provided as a checklist for what youmight want to do to become more profitable
1Get out of the office Every great RainMaker will tell you that you must meet
with your current and potential clients of-ten either on their turf or on neutralground
2The old 8020 rule still applies Yes 80of your new work will probably come
from 20 of your current clients Do youknow which of your clients provide youwith the most work If you do how areyou building on that relationship We seetoo many firms and lawyers spendinggobs of time and money trying to attractan elusive new big client Your best tar-get for success is the client you alreadyknow and who already knows you
3Just say ldquoNordquo Being fearful of whereour next file will come from makes us
want to accept every possible bit of workthat might come in the door whether thework is profitable whether we have goodprospects for getting paid whether it is anarea of law in which we are comfortableor whether our time could be better spentattempting to land the work that we reallywant at rates that will help us to succeedIt seems to be the credo for many lawyersthat ldquoThey have never met a dollar theydidnrsquot likerdquo Instead ldquoFocus on the goodstuffrdquo as professional-business consultantDavid Maister would say
4Budget your time and money Typically alawyer works about 2500 hours each
year roughly split between 1400 billablehours and 1100 non-billable hours Thenon-billable time is broken into segmentsfor management associate training per-sonal education research and marketingWe suggest that every lawyer allows forabout 600 hours per year for marketingtheir practice with a marketing budget ofbetween 2 and 5 of their gross rev-enues The marketing should include ad-vertising website creation and mainte-nance marketing-skills training andclient promotion-among other things
5Get involved We have a moral duty togive back to our communities
Choose a charity community group po-litical organization or business associa-tion that you enjoy and is important toyou Many of these types of groups are
looking to add a lawyer or two to theirboards In addition to contributing to agreater common good you will also net-work with other successful business peo-ple
6Market internally Ensure that everyonein your firm knows all of the facets of
the work you are capable of handling theareas in which you are looking to expandand your availability to handle the workAsk your partners about possible cross-selling opportunities Since cross-selling isa two-way street look at your own clientlist for possible situations to offer yourpartners For younger lawyers internal
marketing is possibly the only marketingthat they can do as their peer group hasnot yet risen to positions or situationswhere they can direct legal files to theirfriends Every young lawyer should askthe more senior members of their firm forwork on a weekly basis A lot of work willtransfer down to them if they prove theycan handle it
ing fuel consumption and its environ-mental impact Inexpensive ndash An office can reap sav-
ings from e-Filing through reducedprinting costs as well as reducedcosts from delivering documents tothe registry particularly when fil-ing beyond the local registry There is a $7 e-Filing transaction
fee per filing package regardless ofwhere the document is filed A filingpackage is any number of documentsbeing e-Filed to the same court file atthe same time The transaction feeand any applicable statutory filing feesare paid online through a BC OnLine
deposit account or with a credit card With all of these positive reasons
to e-File why not give it a try Go on-line today to view a demonstration ofhow to e-File to an existing court fileor how to use e-File to start a newcourt file
15 ideas for improving your practice
BC Court E-Filing from Page 20
21Topics
Michael Anderson
HOW DO FIRMS USE ON-LINEVIDEO TO VIEW AN
EFFECTIVE USE OF THISMEDIUM VISIT TORYrsquoS
WWWTORYSCOMVIDEOCENTERPAGESDEFAULTASPX
SINCE CROSS-SELLING IS ATWO-WAY STREET LOOK ATYOUR OWN CLIENT LIST FOR
POSSIBLE SITUATIONS TOOFFER YOUR PARTNERS
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
7Go to school Many lawyers can benefitgreatly from marketing training or
personal coaching In the old days a se-nior partner would grab an associate bythe scruff of the neck drag them toclient lunches and warn them to just sitthere keep their mouth shut and learnAnd they did learn Similarly we needto develop ways to share the marketingskills that already reside within ourfirms especially for our youngermembers
8Create a ldquoDream Listrdquo In aperfect world who
would you have as clientsand what type of workwould they send you Onceyou have the list startstrategizing on how youcan get an introductionand what you would saywhen you finally meetthem Why should theyhire you What will set youapart from your competi-tion After all many clientsfeel that most lawyers arethe same ndash they point tolaw firm websites andbrochures where you willsee that most of them at-tempt to sell ldquoBetter Fasteramp Cheaperrdquo Differentiateyourself Innovate
9Research Do you trulyunderstand your clientsrsquo
core needs What issueskeep them awake at nightand what can you do tohelp them Use the Inter-net to gather informationabout your current and po-tential clients Use that datato customize your proposalto them This demonstratesan understanding of theirbusiness and a commitment tohelp them enhance it
10CRM Institute a Customer Relation-ship Management program that will
track who when how and what the nextsteps are in your marketing strategy A sim-ple and inexpensive option like MicrosoftOutlook or a more legal-specific option like
Amicus Attorney will get your started
11Write write and write some more Createa perception of expertise by writing
topical articles and getting them pub-lished in relevant print or online maga-zines newsletters and blogs
12Leverage your writing Create a mailingor even better an e-mailing list of
clients and potential clients and send
them copies of the articles that you writeThe goal is to have them say ldquoThis onesure seems to know their stuffrdquo Thenhave the article placed in a strategic loca-tion on your website so that visitors will
also see that you have expertise Take itone step further and create a seminarpresentation or speech using the article asthe basis Undertake each at the personalgroup or firm level ndash or all of the above
13Leverage your people How many timeshave we heard ldquoPush the work
down and free your time to do the moreimportant stuffrdquo Why do many of us still
resist that strategy Whether you are ina large firm with associates or a
sole practitioner with parale-gals use junior practitionersto a greater degree Usingleverage will make youmore profitable and freeyour time for more impor-tant things
14Web support Amongother things websites
are the brochures of the newmillennium Is your websitesupporting your marketingefforts or is it just a neces-sary expense The most ef-fective sites have a lot incommon they are builtfrom a clientrsquos point of viewthey are informative and ed-ucational they display yourexpertise they have person-ality they are well ldquotaggedrdquoto be picked up in Googletype searches and usevideos effectively
15 Discipline Sometimesour best intentions lack thediscipline to carry out whatwe know we need to doDevelop a strategy with atimetable to accomplish theplan Start with this check-list and add to it as youprogress along the road to
growing your practice Wehope that this will help you to
focus on the issues that are mostimportant for you and your firm go-
ing forward
Michael J Anderson is a principal in Inno-
vative Consulting Hersquos based in Vancouver and
can be reached at 6042724222 or at
andersoninnovativeconsultingca
Topics 22
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
SUMMER 2009
Editor Stephanie MarshManaging Editor Designer Peter Morgan
This issue is also available in PDF format atlthttpwwwbclmaorggt
Topics Archive amp Indexlthttpwwwbclmaorggt
Editorial copy 2009 BCLMA CANADA
Published by MORGANNewsletters 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 BC It is the BCLMA lsquos goal toprovide educational and networking opportunitiesto 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
NEWSLETTER SERVICES
TOPICS is a public newsletter We will be pleased toadd you to our mailing list for this newsletter Pleasecontact the Editorial Committee Chair or any mem-ber of the Editorial Committee listed on the left forcomments on any of these articles or to offer sugges-tions for articles in future issues or for adjustments tothe circulation list Comments are always welcome
REPRODUCTION RIGHTS
Topics is copyrighted however we encourage you tocirculate or copy this material unmodified for yourown internal or private use You may freely quoteany article or portion of article but it must be ac-companied by attribution Quoting any article orportion of article without attribution is prohibitedThe newsletter its contents or its material may notbe sold intact or modified nor included in anypackage or product offered for sale
EXECUTIVE Stephanie Marsh President
Fasken Martineau2900 550 Burrard StreetVancouver Canada V6C 0A3D 6046314767F 604-631-3232SMarshFaskencom
Jan Whyte Vice-President
Murphy Battista2020 650 West Georgia StreetVancouver BC V6B 4N7D 6046333811F 604-683-5084WhyteMurphyBattistacom
Gary Carter Director
Paine Edmonds LLP1100 510 Burrard StreetVancouver BC V6C 3A8P 6046831211F 604-681-5084GCarterPaine-Edmondscom
Cindy Hildebrandt Director
Richards Buell Sutton LLP700 ndash 401 West Georgia StreetVancouver BC V6B 5A1P 6046823664D 6046619267F 604-688-3830CHildebrandtrbsca
Evenna Liu Director
Oyen Wiggs Green amp Mutala LLP480 ndash 601 Cordova Street WVancouver BC V6B 1G1D 604-676-9074F 604-681-4081ELiuPatentablecom
Barb Marshall Director
Fasken Martineau2900 ndash 550 Burrard StreetVancouver BC V6C 0A3D 6046314991F 604-631-3232BMarshallFaskencom
Angela Zarowny Treasurer
Direct 6043510124azanddzShawca
Jane Kennedy Administrator amp Membership Services
BCLMA
PO Box 75562RPO Edgemont VillageNorth Vancouver V7R 4X1P 6049881221F 604-988-1221MembershipBCLMAorg
SUBSECTION LEADERS
Facilities amp Service ManagementJanice McAuley Co-Chair
Lawson Lundell LLP1600 ndash 925 West Georgia StreetVancouver Canada V6C 3L2D 604-631-9254F 604-669-1620JMcAuleyLawsonLundellcom
Lorraine Burchynsky Co-Chair
Boughton Law CorporationSuite 700 ndash 595 Burrard StreetVancouver Canada V7X 1S8D 6046474162P 6046876789F 604-683-5317LBurchynskyBoughtonca
FinanceSheila Tham Co-Chair
Watson Goepel Maledy LLP1700 ndash 1075 West Georgia StVancouver BC V6E 3C9P 6046881301F 604-688-8193SThamWGMlawcom
Linda Lucas Co-chairDavis LLP2800 Park Place 666 Burrard StVancouver BC V6C 2Z7D 6046436305F 604-687-1612E LLucasDavisca
Human ResourcesTina Giallonardo Chair
Miller Thomson LLP1800 840 Howe StVancouver BC V6Z 2M1P 6046872242F 604-643-1200TGiallonardoMillerThomsonc
Knowledge ManagementGreg Christensen Chair
Fasken Martineau2900ndash550 Burrard StreetVancouver Canada V6C 0A3D 6046314993F 604-631-3232GChristensenFaskencom
MarketingRecruiting
Small FirmsSharon Kwong Wah Chair
Young Anderson1616 ndash 808 Nelson StreetVancouver Canada V6Z 2H2 D 604-689-7400F 604-689-3444KWongWahLYAbcca
TrainersRuth-Ann Spencer Co-Chair
Bull Housser amp Tupper LLP 3000 1055 West Georgia Street Vancouver BC V6E 3R3 D 6046414921 F 604-646-2638 RASBHTcom
Lisa Dick Co-Chair
Fasken Martineau 2900ndash550 Burrard Street Vancouver V6C 0A3 P 6046313131 F 604-631-3232 LDickFaskencom
Technology Aaron Fahlman Co-Chair
Fasken Martineau2900 550 Burrard StreetVancouver Canada V6C 0A3D 6046314960F 604-631-3232AFahlmanFaskencom
Aaron Zuccolin Co-Chair
Watson Goepel Maledy LLP1700 ndash 1075 West Georgia StreetVancouver BC V6E 3C9 D 6046425661F 604-688-8193AZuccolinWGMlawcom
EDITORIAL COMMITTEE
Bob Waterman Chair
Richards Buell Sutton LLPD 6046619241F 604-688-3830BWatermanRBSca
Stephanie Marsh Editor
Fasken Martineau2900 550 Burrard StreetVancouver Canada V6C 0A3D 6046314767F 604-631-3232SMarshFaskencom
Mike BowerbankBurnabyMikeYahoocom
Lorraine BurchynskyBoughton Law CorporationSuite 700 ndash 595 Burrard StreetVancouver Canada V7X 1S8D 6046474162P 6046876789F 604-683-5317LBurchynskyBoughtonca
Paula ButlerBarrister amp Solicitor200 100 Park RoyalWest Vancouver BC V7T 1A2P 6047820373F 604-983-0372PButlerPaulaButlercom
Tim WurtzBaker Newby LLP9259 Main StChilliwack BC V2P 6K2P (1) 6047921376F (1) 604-792-8711TWurtzBakerNewbycom
BCLMA EXECUTIVE amp SECTION LEADERS
DENN
ISCO
X
BC Legal Management Association
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
7Go to school Many lawyers can benefitgreatly from marketing training or
personal coaching In the old days a se-nior partner would grab an associate bythe scruff of the neck drag them toclient lunches and warn them to just sitthere keep their mouth shut and learnAnd they did learn Similarly we needto develop ways to share the marketingskills that already reside within ourfirms especially for our youngermembers
8Create a ldquoDream Listrdquo In aperfect world who
would you have as clientsand what type of workwould they send you Onceyou have the list startstrategizing on how youcan get an introductionand what you would saywhen you finally meetthem Why should theyhire you What will set youapart from your competi-tion After all many clientsfeel that most lawyers arethe same ndash they point tolaw firm websites andbrochures where you willsee that most of them at-tempt to sell ldquoBetter Fasteramp Cheaperrdquo Differentiateyourself Innovate
9Research Do you trulyunderstand your clientsrsquo
core needs What issueskeep them awake at nightand what can you do tohelp them Use the Inter-net to gather informationabout your current and po-tential clients Use that datato customize your proposalto them This demonstratesan understanding of theirbusiness and a commitment tohelp them enhance it
10CRM Institute a Customer Relation-ship Management program that will
track who when how and what the nextsteps are in your marketing strategy A sim-ple and inexpensive option like MicrosoftOutlook or a more legal-specific option like
Amicus Attorney will get your started
11Write write and write some more Createa perception of expertise by writing
topical articles and getting them pub-lished in relevant print or online maga-zines newsletters and blogs
12Leverage your writing Create a mailingor even better an e-mailing list of
clients and potential clients and send
them copies of the articles that you writeThe goal is to have them say ldquoThis onesure seems to know their stuffrdquo Thenhave the article placed in a strategic loca-tion on your website so that visitors will
also see that you have expertise Take itone step further and create a seminarpresentation or speech using the article asthe basis Undertake each at the personalgroup or firm level ndash or all of the above
13Leverage your people How many timeshave we heard ldquoPush the work
down and free your time to do the moreimportant stuffrdquo Why do many of us still
resist that strategy Whether you are ina large firm with associates or a
sole practitioner with parale-gals use junior practitionersto a greater degree Usingleverage will make youmore profitable and freeyour time for more impor-tant things
14Web support Amongother things websites
are the brochures of the newmillennium Is your websitesupporting your marketingefforts or is it just a neces-sary expense The most ef-fective sites have a lot incommon they are builtfrom a clientrsquos point of viewthey are informative and ed-ucational they display yourexpertise they have person-ality they are well ldquotaggedrdquoto be picked up in Googletype searches and usevideos effectively
15 Discipline Sometimesour best intentions lack thediscipline to carry out whatwe know we need to doDevelop a strategy with atimetable to accomplish theplan Start with this check-list and add to it as youprogress along the road to
growing your practice Wehope that this will help you to
focus on the issues that are mostimportant for you and your firm go-
ing forward
Michael J Anderson is a principal in Inno-
vative Consulting Hersquos based in Vancouver and
can be reached at 6042724222 or at
andersoninnovativeconsultingca
Topics 22
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
SUMMER 2009
Editor Stephanie MarshManaging Editor Designer Peter Morgan
This issue is also available in PDF format atlthttpwwwbclmaorggt
Topics Archive amp Indexlthttpwwwbclmaorggt
Editorial copy 2009 BCLMA CANADA
Published by MORGANNewsletters 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 BC It is the BCLMA lsquos goal toprovide educational and networking opportunitiesto 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
NEWSLETTER SERVICES
TOPICS is a public newsletter We will be pleased toadd you to our mailing list for this newsletter Pleasecontact the Editorial Committee Chair or any mem-ber of the Editorial Committee listed on the left forcomments on any of these articles or to offer sugges-tions for articles in future issues or for adjustments tothe circulation list Comments are always welcome
REPRODUCTION RIGHTS
Topics is copyrighted however we encourage you tocirculate or copy this material unmodified for yourown internal or private use You may freely quoteany article or portion of article but it must be ac-companied by attribution Quoting any article orportion of article without attribution is prohibitedThe newsletter its contents or its material may notbe sold intact or modified nor included in anypackage or product offered for sale
EXECUTIVE Stephanie Marsh President
Fasken Martineau2900 550 Burrard StreetVancouver Canada V6C 0A3D 6046314767F 604-631-3232SMarshFaskencom
Jan Whyte Vice-President
Murphy Battista2020 650 West Georgia StreetVancouver BC V6B 4N7D 6046333811F 604-683-5084WhyteMurphyBattistacom
Gary Carter Director
Paine Edmonds LLP1100 510 Burrard StreetVancouver BC V6C 3A8P 6046831211F 604-681-5084GCarterPaine-Edmondscom
Cindy Hildebrandt Director
Richards Buell Sutton LLP700 ndash 401 West Georgia StreetVancouver BC V6B 5A1P 6046823664D 6046619267F 604-688-3830CHildebrandtrbsca
Evenna Liu Director
Oyen Wiggs Green amp Mutala LLP480 ndash 601 Cordova Street WVancouver BC V6B 1G1D 604-676-9074F 604-681-4081ELiuPatentablecom
Barb Marshall Director
Fasken Martineau2900 ndash 550 Burrard StreetVancouver BC V6C 0A3D 6046314991F 604-631-3232BMarshallFaskencom
Angela Zarowny Treasurer
Direct 6043510124azanddzShawca
Jane Kennedy Administrator amp Membership Services
BCLMA
PO Box 75562RPO Edgemont VillageNorth Vancouver V7R 4X1P 6049881221F 604-988-1221MembershipBCLMAorg
SUBSECTION LEADERS
Facilities amp Service ManagementJanice McAuley Co-Chair
Lawson Lundell LLP1600 ndash 925 West Georgia StreetVancouver Canada V6C 3L2D 604-631-9254F 604-669-1620JMcAuleyLawsonLundellcom
Lorraine Burchynsky Co-Chair
Boughton Law CorporationSuite 700 ndash 595 Burrard StreetVancouver Canada V7X 1S8D 6046474162P 6046876789F 604-683-5317LBurchynskyBoughtonca
FinanceSheila Tham Co-Chair
Watson Goepel Maledy LLP1700 ndash 1075 West Georgia StVancouver BC V6E 3C9P 6046881301F 604-688-8193SThamWGMlawcom
Linda Lucas Co-chairDavis LLP2800 Park Place 666 Burrard StVancouver BC V6C 2Z7D 6046436305F 604-687-1612E LLucasDavisca
Human ResourcesTina Giallonardo Chair
Miller Thomson LLP1800 840 Howe StVancouver BC V6Z 2M1P 6046872242F 604-643-1200TGiallonardoMillerThomsonc
Knowledge ManagementGreg Christensen Chair
Fasken Martineau2900ndash550 Burrard StreetVancouver Canada V6C 0A3D 6046314993F 604-631-3232GChristensenFaskencom
MarketingRecruiting
Small FirmsSharon Kwong Wah Chair
Young Anderson1616 ndash 808 Nelson StreetVancouver Canada V6Z 2H2 D 604-689-7400F 604-689-3444KWongWahLYAbcca
TrainersRuth-Ann Spencer Co-Chair
Bull Housser amp Tupper LLP 3000 1055 West Georgia Street Vancouver BC V6E 3R3 D 6046414921 F 604-646-2638 RASBHTcom
Lisa Dick Co-Chair
Fasken Martineau 2900ndash550 Burrard Street Vancouver V6C 0A3 P 6046313131 F 604-631-3232 LDickFaskencom
Technology Aaron Fahlman Co-Chair
Fasken Martineau2900 550 Burrard StreetVancouver Canada V6C 0A3D 6046314960F 604-631-3232AFahlmanFaskencom
Aaron Zuccolin Co-Chair
Watson Goepel Maledy LLP1700 ndash 1075 West Georgia StreetVancouver BC V6E 3C9 D 6046425661F 604-688-8193AZuccolinWGMlawcom
EDITORIAL COMMITTEE
Bob Waterman Chair
Richards Buell Sutton LLPD 6046619241F 604-688-3830BWatermanRBSca
Stephanie Marsh Editor
Fasken Martineau2900 550 Burrard StreetVancouver Canada V6C 0A3D 6046314767F 604-631-3232SMarshFaskencom
Mike BowerbankBurnabyMikeYahoocom
Lorraine BurchynskyBoughton Law CorporationSuite 700 ndash 595 Burrard StreetVancouver Canada V7X 1S8D 6046474162P 6046876789F 604-683-5317LBurchynskyBoughtonca
Paula ButlerBarrister amp Solicitor200 100 Park RoyalWest Vancouver BC V7T 1A2P 6047820373F 604-983-0372PButlerPaulaButlercom
Tim WurtzBaker Newby LLP9259 Main StChilliwack BC V2P 6K2P (1) 6047921376F (1) 604-792-8711TWurtzBakerNewbycom
BCLMA EXECUTIVE amp SECTION LEADERS
DENN
ISCO
X
BC Legal Management Association
Summer 2009 BC Legal Management Association wwwBCLMAorg Member Services MembershipBCLMAorg
SUMMER 2009
Editor Stephanie MarshManaging Editor Designer Peter Morgan
This issue is also available in PDF format atlthttpwwwbclmaorggt
Topics Archive amp Indexlthttpwwwbclmaorggt
Editorial copy 2009 BCLMA CANADA
Published by MORGANNewsletters 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 BC It is the BCLMA lsquos goal toprovide educational and networking opportunitiesto 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
NEWSLETTER SERVICES
TOPICS is a public newsletter We will be pleased toadd you to our mailing list for this newsletter Pleasecontact the Editorial Committee Chair or any mem-ber of the Editorial Committee listed on the left forcomments on any of these articles or to offer sugges-tions for articles in future issues or for adjustments tothe circulation list Comments are always welcome
REPRODUCTION RIGHTS
Topics is copyrighted however we encourage you tocirculate or copy this material unmodified for yourown internal or private use You may freely quoteany article or portion of article but it must be ac-companied by attribution Quoting any article orportion of article without attribution is prohibitedThe newsletter its contents or its material may notbe sold intact or modified nor included in anypackage or product offered for sale
EXECUTIVE Stephanie Marsh President
Fasken Martineau2900 550 Burrard StreetVancouver Canada V6C 0A3D 6046314767F 604-631-3232SMarshFaskencom
Jan Whyte Vice-President
Murphy Battista2020 650 West Georgia StreetVancouver BC V6B 4N7D 6046333811F 604-683-5084WhyteMurphyBattistacom
Gary Carter Director
Paine Edmonds LLP1100 510 Burrard StreetVancouver BC V6C 3A8P 6046831211F 604-681-5084GCarterPaine-Edmondscom
Cindy Hildebrandt Director
Richards Buell Sutton LLP700 ndash 401 West Georgia StreetVancouver BC V6B 5A1P 6046823664D 6046619267F 604-688-3830CHildebrandtrbsca
Evenna Liu Director
Oyen Wiggs Green amp Mutala LLP480 ndash 601 Cordova Street WVancouver BC V6B 1G1D 604-676-9074F 604-681-4081ELiuPatentablecom
Barb Marshall Director
Fasken Martineau2900 ndash 550 Burrard StreetVancouver BC V6C 0A3D 6046314991F 604-631-3232BMarshallFaskencom
Angela Zarowny Treasurer
Direct 6043510124azanddzShawca
Jane Kennedy Administrator amp Membership Services
BCLMA
PO Box 75562RPO Edgemont VillageNorth Vancouver V7R 4X1P 6049881221F 604-988-1221MembershipBCLMAorg
SUBSECTION LEADERS
Facilities amp Service ManagementJanice McAuley Co-Chair
Lawson Lundell LLP1600 ndash 925 West Georgia StreetVancouver Canada V6C 3L2D 604-631-9254F 604-669-1620JMcAuleyLawsonLundellcom
Lorraine Burchynsky Co-Chair
Boughton Law CorporationSuite 700 ndash 595 Burrard StreetVancouver Canada V7X 1S8D 6046474162P 6046876789F 604-683-5317LBurchynskyBoughtonca
FinanceSheila Tham Co-Chair
Watson Goepel Maledy LLP1700 ndash 1075 West Georgia StVancouver BC V6E 3C9P 6046881301F 604-688-8193SThamWGMlawcom
Linda Lucas Co-chairDavis LLP2800 Park Place 666 Burrard StVancouver BC V6C 2Z7D 6046436305F 604-687-1612E LLucasDavisca
Human ResourcesTina Giallonardo Chair
Miller Thomson LLP1800 840 Howe StVancouver BC V6Z 2M1P 6046872242F 604-643-1200TGiallonardoMillerThomsonc
Knowledge ManagementGreg Christensen Chair
Fasken Martineau2900ndash550 Burrard StreetVancouver Canada V6C 0A3D 6046314993F 604-631-3232GChristensenFaskencom
MarketingRecruiting
Small FirmsSharon Kwong Wah Chair
Young Anderson1616 ndash 808 Nelson StreetVancouver Canada V6Z 2H2 D 604-689-7400F 604-689-3444KWongWahLYAbcca
TrainersRuth-Ann Spencer Co-Chair
Bull Housser amp Tupper LLP 3000 1055 West Georgia Street Vancouver BC V6E 3R3 D 6046414921 F 604-646-2638 RASBHTcom
Lisa Dick Co-Chair
Fasken Martineau 2900ndash550 Burrard Street Vancouver V6C 0A3 P 6046313131 F 604-631-3232 LDickFaskencom
Technology Aaron Fahlman Co-Chair
Fasken Martineau2900 550 Burrard StreetVancouver Canada V6C 0A3D 6046314960F 604-631-3232AFahlmanFaskencom
Aaron Zuccolin Co-Chair
Watson Goepel Maledy LLP1700 ndash 1075 West Georgia StreetVancouver BC V6E 3C9 D 6046425661F 604-688-8193AZuccolinWGMlawcom
EDITORIAL COMMITTEE
Bob Waterman Chair
Richards Buell Sutton LLPD 6046619241F 604-688-3830BWatermanRBSca
Stephanie Marsh Editor
Fasken Martineau2900 550 Burrard StreetVancouver Canada V6C 0A3D 6046314767F 604-631-3232SMarshFaskencom
Mike BowerbankBurnabyMikeYahoocom
Lorraine BurchynskyBoughton Law CorporationSuite 700 ndash 595 Burrard StreetVancouver Canada V7X 1S8D 6046474162P 6046876789F 604-683-5317LBurchynskyBoughtonca
Paula ButlerBarrister amp Solicitor200 100 Park RoyalWest Vancouver BC V7T 1A2P 6047820373F 604-983-0372PButlerPaulaButlercom
Tim WurtzBaker Newby LLP9259 Main StChilliwack BC V2P 6K2P (1) 6047921376F (1) 604-792-8711TWurtzBakerNewbycom
BCLMA EXECUTIVE amp SECTION LEADERS
DENN
ISCO
X
BC Legal Management Association