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TLOMA Today

January, 2018
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January, 2018 | Presidents Message

President's Message

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Author Michelle Medel

Wow, it’s already my year as TLOMA President. It seems like yesterday I got my nerve up to apply for Vice President!

I began my term as Vice President in January 2017 and recall feeling a little overwhelmed. Being able to live up to the standards of such a great Association felt a little intimidating but I was up for the challenge. At the time I was also looking for an opportunity to further develop my leadership skills. I'll let you in on a little secret. There were moments (e.g., closing Conference remarks) that I wondered, "What in the heck did I get myself in to"?  But, I quickly realized that I had nothing to fear because I was surrounded by great, supportive people. 

To the Board, SIG Leaders, Liz and Karen, I can't thank you enough for your hard work and dedication of time to ensuring my success. A special thanks to Liz and Karen for keeping us on track. It is their support and attention to detail that keeps everything running so smoothly.

I would like to introduce to you the 2018 Board of Directors, SIG Leaders and Conference Chair; the new Board Members will officially begin their roles at the corporate handover meeting on February 14, 2018.

2018 Board of Directors 

Michelle Medel
President
Pamela Harris         

Vice President 

Ivaylo Nikolov
Past President 

Cathy Byrnes
Treasurer

Kylie Aramini
Communications Coordinator       
Debbie Tibbo
Conference Committee Chair      

Angela Kirkpatrick
Education Coordinator 

 

2018 SIG Leaders (Non-Board Positions)

Patrick McFetridge
Facilities SIG Leader 
 
Leah Halpenny         
Finance SIG Leader
Bernice Durdin         
Human Resources SIG Leader     

Celine Gilmore         
Marketing SIG Leader     
Misha Rasitsan        
Technology SIG Leader
 

 
2018 Conference

Jenny Telesford        
Vice Chair

Thank you to Sandra Hatcher-Maher - Past President, Mary Lavis-Todd – Marketing SIG Leader, Wayne Gayle – Facilities SIG Leader and Bernard Quilty – 2017 Conference Chair, whose terms finished at the end of 2017. Their valued contribution of time and effort in ensuring TLOMA continues to bring educational and professional development value and access to such a talented network of members has been most appreciated.  It has been an honor to sit on the Board with this very talented group of colleagues and I will greatly miss those whose terms ended in December. Thank you all for your hard work, ideas, expertise, laughter and your friendship.

This is a great Association! To all of you, thanks for being part of it and for helping to make the past year so memorable for me. I invite you to join me in anticipating what we will accomplish together in 2018. If you have suggestions or comments, please do not hesitate to contact Liz, Karen or any of the Board members. Also, please keep in mind, we are always looking for volunteers and encourage you to connect with us to find out how awesome it is! I look forward to seeing you soon at one of the awesome SIG sessions and if we haven’t met personally let’s change that! 

Cheers,
Michelle Medel
2018 TLOMA President.

 
TLOMA Conference 2018 Leaderboard
January, 2018 | Article

Effectively Managing Challenging Employees

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Author Julie Ruben Rodney

People management is one of the toughest aspects of a manager’s job. It is particularly difficult for managers to deal with challenging employees who can potentially cause grave consequences for your organization.

It is essential in today’s workplace to know how to deal with challenging employee situations directly and not allow them to fester in the workplace. Education is necessary to provide managers with the right skills to deal with these employees.

Before one can learn how to manage issues with challenging employees, it is important to first understand why they are being “challenging.” Understanding the root causes for the behavior of challenging employees will help managers understand how to improve employee performance and increase employee engagement. For example, an employee assigned with an overabundance of tasks may burn out and consequently, become a challenge for their managers.

The following is a non-exhaustive list of issues that may be underlying a challenging employee:

  • Capacity Issue – Too many tasks or projects assigned to the individual at one time.
  • Capability Issue – Do not have the knowledge and/or skills needed for the job.
  • Attitude Issue – The employees’ mind-set to the job or colleagues are inhibiting their ability to perform.
  • Resources Issue – Do not have the necessary time, money, people or equipment to perform the job.
  • Miscommunication Issue – A misunderstanding on the job priorities or how it should be performed.

Upon noticing an employee exhibiting problematic behaviour, it is pertinent for a manager to pose the question of why this behaviour is occurring prior to making an attempt to resolve the situation. It is absolutely essential for managers to focus on preserving their relationships with employees and dealing with core issues to ensure all employees feel valued.

The key to effectively managing employees is to use tailored approaches for different individuals. This will aid managers in altering their management styles to best meet the needs of a challenging employee.

Since every performance situation is unique, the manager should focus on performance, not the employee. The employee should be asked how they would approach the situation in order to collaboratively reach a solution. This approach is likely to contribute to the success of resolving the problematic behaviours. Developing action plans with the employee, as well as agreeing on follow up dates for check-ins on progress are all steps employers should be taking when dealing with challenging behaviours.

There are seven general types of challenging people as identified by Robert M. Bramson in Coping with Difficult People including: the “Sherman Tank,” the “Exploder,” the “Staller,” the “Complainer,” the “Wet Blanket,” the “Know-it-all,” and the “Clam” (1988). Each type has their own set of methodologies that work best for them when it comes to being managed, the same way all people have their own unique preferences of management styles.

For example, the “Clam” will avoid conversation or responding. The “Clam” will use short grunts or answer questions with a “yes” or a “no.” To effectively deal with the “Clam,” a manager will need to engage the person with open ended questions and collaborative action planning. The goal is to get the “Clam” to participate and speak up. This approach will yield the best results.

Challenging employees can be disengaged, something that all managers play a role in. Yet, what exactly is employee engagement and why is it so important? Employee engagement, as defined by The Conference Board is, “A heightened emotional connection that an employee feels for his or her organization, that influences him or her to exert greater discretionary effort to his or her work” (2006).

In other words, employee engagement refers to the level of commitment employees feel towards the organization they work for and their willingness to go beyond the minimum standard in contributing to the company’s success. Consequently, the more employees are engaged, the less challenging they are.

Studies have shown that increasing employee engagement level can improve performance by 20% or more, reduce turnover by 87%, and help grow profits three times faster than organizational competitors (Harvard Business Review, 2012). Therefore, happier, more productive employees enable organizations to be more profitable by reducing additional costs related to turnover and employee issues.

Great managers understand the different needs of their employees, know how to motivate them and recognize their different learning styles. If the employee’s needs are not clear, managers must take the initiative to understand what is necessary in order to set the employee up for success. Through active listening, managers can get to know their employees and ensure that they can effectively apply suitable management strategies. The manager can use techniques such as: asking questions, looking at body language, checking their own understanding, summarizing and showing genuine concern to better understand an employee’s needs.

The more connected managers are to their employees, the better they will understand individual preferences and be able to cater to them. According to the research-based organization Gallup, the strength of manager-employee relationships is a major indicator of how long employees will stay with a company as well as how productive they are at work. For instance, Gallup has shown that 71% of people who left their company said it was because of their manager – not the company. In other words, employees quit their managers, not their jobs. For this reason, managers play a crucial role in engaging their employees.

Managers need to be able to create a work environment which encourages open communication. This allows for employees and managers to set expectations and develop action plans. At times, employees will challenge managers. The ability of a manager to communicate and ensure that such situations are handled fairly and effectively will lead to successful performance management.

Engaged employees will exhibit certain characteristics including: commitment, fascination, and a desire to do their work as well as be inspired by their work. As previously discussed, with more focused and productive employees, organizations will be able to see a larger profit. What’s more is that with happier employees companies will further be able to enjoy a more cohesive working environment.

In order to keep employee engagement levels high and maintain healthy relationships with employees, managers need to ensure they are properly managing their challenging employees and their impact on engagement.

Julie Ruben Rodney is CEO and Founder of MaxPeople, firm offering premium Human Resources services and Employment Law support to organizations in need of a strategic HR partner. Julie is an experienced and dynamic facilitator and consultant in the areas of Interpersonal Communication, Teambuilding, Leadership Development and Creativity. Phone: 905-709-1236 ext.103, Website: www.maxpeoplehr.com 

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January, 2018 | Article

2018 Technology Predictions

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Bennett, Charles 3feb20
Author Charles Bennett

2018 promises to be a year of change for technology.  Here are some of our predictions on how technology will change and shape the New Year.

Adoption of Cloud Services – The trend towards the use of Cloud services will continue.  This includes paid Public Cloud services like Dropbox and Microsoft 365 and Private Cloud services such as our own custom build Canadian data centre which we have operated and serviced clients in for 5 years. Prices for Public Cloud services will continue to slowly increase as will the adoption rate as providers understand they now have a captive audience and switching providers is more difficult. Thus clients will be buying fewer servers leading to an increase in the price of servers as sales volumes decline.

Servers as a Service – Already Microsoft and Amazon have Azure and AWS which provide servers as a service.  Manufacturers like HP and Dell will start to introduce their own services in the hopes of replacing revenue lost in server sales and to secure their futures in this technology.

Bitcoin will crash – At some point in 2018, the Bitcoin rally will come to an end and the currency will not be on the market for the prices seen at the end of 2017.  Bitcoin has no intrinsic or real value and thus price volatility will continue to be a factor with it and other cryptocurrencies. 

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Blockchain technology will take off – Bitcoin uses blockchain technology in the same way that a computer uses a hard disk.  There is a significant amount of investment in blockchain technologies and companies.  With the growing removal of taxation from blockchain related payments, there will be a push towards transactions that use blockchain. Learn more about blockchain here.

Cutting the Cable – More households will suspend TV services delivered over “cable” and will embrace Internet based services.  The number of Internet based streaming services will continue to grow and the market will become fragmented leading to the failure of some services without the deep pockets to survive consolidation. In response, the cable companies will introduce new models where you can pay for what you want to watch rather than paying for a cable provided block of programs. Non cable companies will introduce new movies directly to their streaming services, bypassing traditional paths.

Security – There will be a huge security breach taking advantage of existing vulnerabilities in the hardware and software running on both Cloud and On premise infrastructures. As a result, there will be greater interest in two factor authentication and encryption of data at rest and through all transport methods.

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Artificial Intelligence and Privacy – Privacy will continue to become a thing of the past. With new smartphones always listening, voice activated home, fingerprint and facial recognition on phones and the demise of net neutrality, it's only a matter of time before all your information/location can be tracked and your preferences known. We will see a greater use of AI in consumer related products under the guise of making things easier for you.

Hit to the Labour Pool – There are many technologies which are affecting the ability for people to earn a living in traditional ways. From driverless cars which could affect millions of people that drive for a living, to Cloud based services that require fewer technicians to manage the environment to public services like Microsoft 365 which leads to fewer people with expertise on Exchange to the move from retail shopping to online shopping. They all have one thing in common – they increase corporate profits at the expense of jobs for individuals. Self-checkouts are popping up in retail stores and at least one store has introduced hand scanners.

We don’t think there will be a direct impact in 2018 from this but in 2019 and beyond, we believe that the impact will become more pervasive. If we can retrain people for new jobs then it might be possible to stave off the problem of being able to create goods and services that people cannot afford because they are not working.

The Rise of Voice – Expect next generation smart phones to be voice controlled with the standard interface as a backup. Primary functions such as launching applications, composing messages and gathering information will all be completed using interactive voice commands.  Combined with AI, the system will be far more interactive and responsive than the current generation of smartphone. Think Battlestar Galactica!

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Social Media – This one is really hard to predict however, in order to protect democracy, you may see the establishment of laws holding social media companies and advertisers accountable for the information posted on their platforms. While there are many unanswered questions, France is leading the way. This will likely not happen in the U.S. until the current administration is replaced.

The other aspect of social media is to call out injustices in the world that have been allowed to continue for eons. The #Metoo response to the Harvey Weinstein abuse claims is an example.  Expect to see more of this in 2018.

On the flip side, these predictions mean that each person needs to take more responsibility for what they post on social media and how they express their views. The Internet never forgets.

Charles Bennett is the Principal Consultant at Triella, a full service technology firm that helps our small and medium sized clients secure technology peace of mind through the service that we provide.

Charles brings the vision for Triella to life by setting high standards for client service, delivery and implementation.  With a diverse background working with professionals in the legal sector, Triella understands the demands placed on business and the need to provide prompt, friendly, accurate and value based service.

Charles has worked with firms of all sizes and was previously the Director of IT at Torys.   Many of Triella’s clients are TLOMA members.   Charles has also served as Technology Section Head, President and Past President for TLOMA.  Charles bring his experience of working inside a law firm as well his experiences working as a vendor for law firms to every engagement.

January, 2018 | Article

Is Lease Verification Right For You?

Jan2018-Is Lease Verification Right For You
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Author Scott Mulligan

Lease verification is a detailed analytical process through which your lease, and the corresponding operating costs billed to you, are reviewed to ensure compliance with the terms of your commercial lease. In the best-case scenario, you achieve cost reductions on your rent expenses through lease verification. In the worst-case scenario, due diligence has been performed: all stakeholders are satisfied that rent payments are no more than what you agreed to pay for through hard-won lease negotiations.

Ideally, the landlord/tenant relationship is a partnership – often a long-term partnership. The lease establishes the basis for the standards and practices of the partners.

Auditing and Hard-Won Changes: At times, due to lease clause interpretation, oversight, or human error, operating costs may be overstated. Lease verification starts with a review of the lease and the year-end statement of operating expense, followed by inquiries to the landlord for clarification and/or additional details, very often leading to findings of savings opportunities.

Typically, an audited statement of operating expense is audited to the landlord’s standard lease. Most sophisticated, well-represented tenants are able to negotiate mutually agreeable legal and cost containment changes to a landlord’s standard lease. Although the audited statement is vetted to the actual expense, such hard-won negotiated changes to your specific lease are typically not audited. The process of lease verification performs this task to identify any potential financial impact to your bottom line that was not intended and/or specifically agreed to under your lease.

Common lease verification savings opportunities include:

Overhead – Overhead is defined as management fees, administration fees, salaries of employees, imputed landlord office rent, leasing costs and leasehold improvement expenses. Are operating costs a cost centre or a profit centre? What are the true costs of administering a realty tax bill, an insurance bill or depreciation schedules? Does your lease provide that you pay for salaries and a 15% administration fee? On the flip side, is your landlord incurring expense to reduce operating costs on your behalf?

Vacancy Gross Up Calculations – Some operating cost expense are variable with occupancy. Is the gross up calculation used an accurate, equitable reflection of costs for vacant space? If you have vacant unused space, are you receiving the full benefit of the credits for premises cleaning and premises utilities?

Parking – In many commercial office complexes, parking is treated as a separate cost centre with its own revenue and expenses. If this is not the case in your facility, is the parking revenue being credited to the parking expense included in your operating costs?

Capital Expenses – Where included, are they incurred to replace due to wear and tear and maintain the building to an acceptable standard? Or are they to improve the building to a new standard? Are they amortized and, if so, on what basis?

Ultimately, how well your lease is negotiated determines what you are and are not responsible to pay for as an operating cost. Lease verification ensures the negotiated lease agreement is adhered to; more often than not this process results in cost savings. If you do not presently undertake a regular lease verification, it may be worthwhile to consider doing so.

Scott Mulligan is a founding Partner at Ellington Tenant and Facilities Services and has been a practicing real estate advisor since 1989. Ellington specializes in solely representing tenants on a local and National basis. Services include site selection, lease negotiation, portfolio management, move management, project management and day to day facilities support.  

January, 2018 | Article

Financial Headwinds To Avoid in 2018

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Porter, Jackie 20mar19
Author Jackie Porter

2017 has already come and gone and while it may have seemed like a volatile year from a political perspective, it was actually a very stable rise in the investment markets. In fact the VIX, a measure of volatility in the markets, was one of the lowest on record we have seen in this decade. Often when we have had such periods of market stability, investors underestimate market risk.  Here are some financial headwinds to avoid in 2018:

  1. Borrowing costs will likely rise in 2018.

    The economy's improving and chances are interest rates will go up. Are you ready?

  2. Consider interest rates before taking on more debts.

    If you have a variable-rate mortgage or a home-equity line of credit, expect your interest rate to keep pace with these increases. Protect yourself by paying down your debts.

  3. Dealing with low savings rates.

    Rates on savings account will probably remain unchanged. Waiting for your big bank to boost savings rates to meaningful levels – equal to the cost of living or better – is pointless. Search for an online bank with a competitive return on savings. My favorite online site for great rates is: Ratehub.ca.

  4. Following the crowd when it comes to crypto currencies.

    There's a gold-rush aspect to bitcoin and other cryptocurrencies, but it's also a technology story, an investing story and a testament to how trust in public institutions is decaying. Remember, bitcoin is a virtual currency that isn't backed by anything tangible such as a government and its central bank.

  5. Not having a diversified portfolio.

    A common reason why stock markets crash is fear of recession. The economies in the United States, Canada and elsewhere seem to be improving, which should be good news for stocks. However, there's a feeling of complacency about risk these days that has to be acknowledged. DON'T forget that bonds or GIC’s still have a place in your portfolio.

  6. Not understanding what you are paying for investment management fees.
    It's hard to find an investing expert who doesn't believe we're in an era of more modest investment returns than we've seen in previous periods. Current returns may be a temporary bubble. Lowering fees is one way to fight back. Look at what you pay, and what you get for the money. An adviser who skillfully manages your portfolio, your retirement plan and your tax situation may be worth the money. 
Jackie Porter is an award-winning Certified Financial Planner who has been in the financial industry for the past 20 years serving thousands of families, established businesses and professionals in the Greater Toronto Area.   She is also a featured speaker and advocate for numerous corporate, professional and charitable organizations.   Jackie has learned from personal experience about being financially resilient.  She shares her journey on how she created a 7-figure net worth out of very humble beginnings and helps others to build a financial fortress in this day of uncertainty by learning the basics of real wealth.   For more information about Jackie and her services visit AskJackie.ca.
January, 2018 | Member Spotlight

Member Spotlight - Kylie Aramini

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Aramini, Kylie
Author Kylie Aramini

At TLOMA, we provide education, professional development, mentorship, and support to our Membership. Through these initiatives, TLOMA members are offered both a professional and social network of professionals working in law firms of all sizes. To encourage members to grow their network at TLOMA, we would like to profile TLOMA members in each issue of TLOMA Today to give readers a snapshot of who we are within the legal industry.


How long have you been a member of TLOMA? I am a new member as of December, 2017.

Where do you work? Baker McKenzie as Business Development Specialist.

What do you enjoy most about working in the legal industry? The variety! Every day brings something new and I love the challenge of being kept on my toes.

What has been your volunteer experience with TLOMA over the years? In addition to becoming a new member this month, I also became a part of the 2018 Board of Directors as Communications Coordinator.

Favorite TLOMA Memory: So far, getting to know TLOMA and meeting new people in the industry.

What is your favorite lunch spot during the workweek? Freshii - I could eat their Buddah Bowl and Fiesta Salad 7 days a week.

What was the last movie you saw? I, Tonya - highly recommend.

What is your favorite book? Hard to choose, but one that stands out on my list is Still Alice by Lisa Genova.

What is your favorite artist/band you got to see live in concert? Bryan Adams. I check his website often to see when he's coming back to Toronto.

Where is your go-to coffee shop? I go to Starbucks at least once a day for a Grande Dark Roast.


If you are interested in participating in the Member Spotlight feature of TLOMA Today to share some of your experiences at TLOMA, please email editor@tloma.com for more information. 

Kylie holds an Honours Bachelor of Arts in Journalism (Public Relations Specialization) from Wilfrid Laurier University. She joined the TLOMA Board in 2018 to become a more involved participant within the association and in the legal industry. She is also a member of the Legal Marketing Association.  

In her free time, Kylie enjoys cooking, particularly Italian food, and exploring new Toronto restaurants and shops. She also enjoys watching sports and is a fan of the Cleveland Browns.

January, 2018 | Movers and Shakers
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Movers and Shakers

New Members

Deborah Brown

Unit Manager, Legal Support

Intact Insurance Company

Darlene Humby

Office Manager

Samis + Company

Derek McDonald

Office Manager/Bookkeeper

Falconeri Rumble Harrison LLP

Patricia Murrell

Accounting Manager

Zuber & Company LLP

Nigel Perreira

IT Service Delivery Manager

Baker McKenzie LLP

Pauline Snowden

Operations Director

DiamondPantel LLP

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