TLOMA Today

My fellow TLOMA members: 

It’s hard to believe it but the Labour Day long weekend has just passed and summer is almost gone.  What is also gone is the feeling from the left side of my face.  See, I had a root canal done this morning.  Most of you may never know the “joys” of root canalling but if you are like me you would have had it done several times by now and it doesn’t get better with age.  My dentist, a young endodontist with a great sense of humour (He usually responds “I don’t think so” to my “Good seeing you again doc.”), is very pleasant until he sits down, numbs half of my face and grabs his torture instruments of choice.  Only then is the true nature of his violent profession revealed.  He is very good though and always gives me two thumbs up when he is happy with his work.  Then they gave me the bill and I lost the feeling in the other half of my face as well.  As I was leaving the dental clinic I was humming to myself “I can’t feel my face when I’m with you but I like it…”  It was just the long Weeknd after all. 

So this is the state of mind I am in as I am trying to write this column and this question pops into my head - why do writers write?  They don’t have to and some clearly shouldn’t.  I have to but I am not a writer.  There must be some inner need to be heard.  I don’t have that.  We all have thoughts and experiences but how does one know which ones are valuable and deserve to be shared.  Or do you just keep sharing and the valuable ones stick and the rest disappear.  Or maybe it’s just a clever ploy to have something written in the space left of the 2017 Conference advertising to keep you occupied while it, the ad, keeps flickering the almost subliminal message “Are You Coming To Conference?” 

Well, are you?  The 2017 Conference Countdown has begun and there are only 50 days left to Conference.  There is plenty of time for you to register and join us in Deerhurst.  You can view the full conference agenda here.  We have exceptional speakers, great educational content and plenty of networking opportunities in a beautiful resort.  Some sponsorship opportunities are still available and I will encourage our trusted business partners to take advantage of them.  Thank you in advance. 

You may remember that on June 27^th we finished the first half of the year’s education on a high with a Professional Development session named “MEDICAL CANNABIS: Return to Work Consideration for Employers and Employees Regarding Workplace Usage”.  This session was so popular that a similar one is already planned for January 2018.  I don’t know why.  I hear that among the side effects is increased appetite, seeing brighter colors, flying on a magic carpet and ending up looking like Keith Richards.  The latter is rarely a desirable trait but it does make it possible for you to appear in a Louis Vuitton luggage commercial. 

TLOMA’s professional education resumed on August 28 with a very popular Facilities session – “Ergonomics and How to See the Signs” – held at Baker McKenzie LLP.  You can go to the TLOMA website to find the rest of the 2017 educational sessions. 

The 2017 Compensation Survey - RESULTS Meeting will be held on September 19 from 12:00 pm to 2:00pm at WeirFoulds LLP, 4100 - 66 Wellington Street West.  

If your firm has participated in and/or purchased the 2017 TLOMA Compensation Survey or the 2017 TLOMA Associate Compensation Survey, you should attend this session.  There is no charge for non-members to attend.  Learn how to do more with the results from Bridget Bohan, Partner at Paystats Inc. and Scott Bunker, Senior Partner at emerge Consulting and Analytics.  You can purchase a copy of the results of the 2017 Compensation Survey even if you did not participate in the survey.  The results of the Associate Compensation survey are not available to non-participants.

Lastly, let me remind you also about TLOMAFest, our second, which makes it annual no doubt, Fall networking cocktail event!  TLOMAFest will be held on September 14 from 4:30 pm to 7:00 pm at the Metropolitan Restaurant & Bar, 20 Victoria St.  Admission is free (two drink tickets per person), however, space is limited so make sure to book your spot before September 11. While this is a TLOMA member event, if you wish to bring with you a prospective member from your firm, please advise their name, title and email upon registration.  I hope to see you there. 

In closing, I am happy to report that the feeling in my face is slowly coming back but I am not sure I am too happy about it.  I am more focused too and I just heard a TV journalist say on CNN “We are not sure how to cover him because we don’t know what he means when he speaks words!!!!”  Can you guess who he is talking about?  Yep, the White House Celebrity Apprentice is on again.  

I am thinking of having another root canal done tomorrow……

TLOMA would like to Thank the 2017 Conference PARTICIPANTS

People consume 2 liters of water every day from bottled water, office water filters and/or from tap water. [1] The next time you drink water think about all the resources that have been spent to make sure that the water is healthy.

Think about the air you breathe.  Each person breathes up to 15,000 liters of air per day, much of it being indoor air at work. [2] Think about all the resources that are NOT being spent to clean that air. 

Air is made up of lots of things besides oxygen! Oxygen makes up only 21% of air. When sunlight passes through a window you can see many of the other components of air.  About 78% of indoor air is dirt, dust, mold, fungus, bacteria, VOCs, allergens, germs and viruses – things that are not good for your health. [3]

Expert consultants estimate that people inhale at least two tablespoons of particulate matter per day. In a study reported in Occupational Health and Safety (1984), it found that concentrations of dust fall into the 20 to 40 micrograms per cubic meter in "tight" buildings. [4] When office workers inhale this, respirable particles are deposited on tracheal and bronchial surfaces in our lungs.

Health Impacts of Breathing Poor Indoor Air

Breathing unhealthy air at work can cause headaches, sinus congestion, fatigue, nausea, dizziness, and sore throats. Unhealthy air can have an even more dramatic impact on people’s health.  Poor indoor air can:

• Exacerbate asthma, chronic obstructive pulmonary disease (COPD), cardiovascular disease, diabetes; 
• Affect coronary artery disease, emphysema, respiratory infections, stroke, cancer; and 
• Contribute to birth defects, so it is especially dangerous for pregnant women.  

Business Impacts of Poor Indoor Air

All too often sick employees will show up to work and spread their illness throughout the office. Fine droplets containing pathogens can spread up to 160 feet from a person’s mouth, can travel up to 10 stories through a building’s HVAC system, and remain suspended in air for a long time.  That’s why, one sick employee today creates many more sick employees tomorrow, and why the flu and other airborne illnesses can have such a negative impact on a company’s performance.

With the increase in open office environments this problem is worsening.  New Yorker magazine found people who work in fully open offic­es are out sick from work an average of 62% more that single office employees. [5] A Harvard Business review study suggests a 10-unit improvement in the indoor air quality can increase office workers’ productivity by up to 6%. [6] California Berkley studies found as high as a 16% employee productivity improvement with cleaner indoor air.  [7]

Is Cleaning the Air Enough?

Cleaning indoor air helps protect people’s health, but it alone is not enough.  Indoor air becomes stale and ‘lifeless’.  This lack of ‘energy’ can be due to the depletion of ions, and the lack of ions can leave people almost ‘falling asleep at work’, especially in the afternoon.  Ions exist at very high levels in places near waterfalls, in forests, and in the mountains.  These naturally occurring ion rich environments make people feel invigorated. Once indoor air has been cleaned, it needs to be re-energized with ions to help office workers cognitive capabilities remain high.   This is why Las Vegas casinos pump ions, not oxygen, into their air, and why the US Military use ion generators in their fighter jets.  A system with an ion generator can increase the flow of oxygen to the brain resulting in higher alertness, decreased drowsiness and more mental energy. [8].  A Harvard Business Review study found breathing better (re-energized) air led to significantly better decision-making performance, with participants' test scores being higher across nine cognitive functions.  The results showed the biggest improvements in areas involving strategic decision making, planning decisions, and during crises. [9]

Office HVAC Systems Do Not Offer Enough Protection

Most employers believe that they are protected through their building’s heating, ventilation, and air conditioning (HVAC) systems. HVAC systems are designed to maintain the indoor air temperature at comfortable levels, not to clean the air. HVAC systems have filtration components that are designed to filter out large particulate to protect the components of the HVAC system, but not to filter out the small indoor airborne particulate that can be harmful to the occupants. Dr. Paul Feuerstein states “systems do a great job of recirculating the air, bacteria, viruses and all sorts of airborne things are (just) being blown around the office”. [10]

How to protect your employees?

Take some control over indoor air quality by reducing the sources of indoor air pollution.  Avoid the use of chemical cleaners, keep your indoor spaces clean, and most importantly use high quality indoor air purifiers that can remove harmful indoor air contaminants.  Medical grade standalone indoor air purifiers are like ‘Hand Sanitizer for Indoor Air’. They protect people’s health, and as an added bonus, they remove particulate which can damage expensive electronic equipment.

How do you choose an indoor air purifier?

The U.S. Department of Health & Human Services Centers for Disease Control (CDC) states “if portable units are used, they should recirculate all the room air through medical grade filters” [11]. These systems should operate at noise levels that do not inhibit occupants, otherwise they will be “turned down” which can negate their efficacy at cleaning the air. When choosing a solution it is important to consider these selection criteria:

• Medical Grade Multi-Stage Filtration with virus reduction and re-energization functions 
• Large Airflow Capacity 
• Sound Dampening Design 
• Capital Acquisition and Operating Cost 
• Maintenance

Breathing is involuntary, but choosing to breathe clean, pure crystal clean air is a choice that is good for the health of your employees and your business.

References

[1] Mayo Clinic www.mayoclinic.org/healthy-lifestyle/nutrition-and-healthy-eating/in-depth/water/art-20044256

[2] Ontario Ministry of the Environment http://www.ene.gov.on.ca/en/air/index.php.

[3] U.S. Environmental Protection Agency ‘Indoor Air Quality’ www.epa.gov/indoor-air-quality-iaq

[4] Occupational Health & Safety Magazine 1984

[5] The Open Office Trap New Yorker Magazine January 2014

[6] Air Pollution Is Making Office Workers Less Productive by Tom Y. Chang, Joshua Graff Zivin, Tal Gross, and Matthew Neidell Harvard Busines Review September 29, 2016

[7] Providing Better Indoor Environmental Quality Brings Economic Benefits by William Fisk, Olli Seppanen2 Indoor Environment Department, Lawrence Berkeley National Laboratory, Berkeley, CA Helsinki University of Technology, Espoo, Finland

[8] The Owners Manual for the Brain by Pierce J. Howard

[9] How Stale Office Air Is Making You Less Productive by Joseph G. Allen Harvard Business Review March 21, 2017

[10] ‘In the Air Tonight’ by Paul Feuerstein DMD January 2011

[11] U.S.  Department  of  Health  &  Human  Services  Centers  for  Disease  Control  (CDC)

Introduction

Increasingly, everyone and everything is a data generator:  by way of example, the total number of emails sent each day in 2016 was 210 billion[1] and that is only the tip of the ever-expanding “databerg”.  From a legal perspective, data of all types can potentially serve as relevant evidence in a litigation context.  Recently, police in Ohio even used heart monitor data to assist in charging a man with arson[2].

The explosive growth in the volume and diversity of data is having a marked effect on the manner in which litigation document/record production needs to be conducted.  The efficient and defensible collection, management and searching of data is increasingly important but also challenging because of the sheer volume of electronic data that often needs to be reviewed in narrow time frames.

Law firms that eDiscovery in-house or that contract out this functionality to third parties need to be aware of the potential risks that come when eDiscovery is not properly conducted.  Increasingly, U.S. state bar associations are mandating that their members have technical competence in specific areas of practice, including eDiscovery[3].  It’s not unreasonable to assume that provincial law societies may eventually adopt similar standards.

Why is Efficient eDiscovery Important for your Firm?

Electronic Discovery ("eDiscovery") is the process of identifying, collecting and producing electronically stored information (data that is created, altered, communicated and stored in digital form) in response to a request for production and it is changing the face of document review.

There are new, sophisticated software tools and review techniques that can be leveraged in this process to dramatically improve efficiency and reduce cost.  Legal professionals need to adopt these tools and techniques not only for the benefit of their clients but to limit their professional liability.

Efficient eDiscovery that permits early detailed knowledge of the relevant facts can provide a distinct competitive advantage in the conduct of an action. Conversely, the failure to deploy efficient eDiscovery techniques can potentially result in non-recovery of related expenses in costs awards and it is expected that courts will become increasingly tough in this regard[4].  It is also not untoward to suggest that law firms that do not conduct eDiscovery efficiently on behalf of their clients, could be required to shoulder some of those excess costs.

eDiscovery in Canada

Many Canadian jurisdictions have created discovery plan procedures designed to encourage parties to agree as early as possible on the format in which electronic information will be produced.  Canadian courts have recognized the influence of the principles for electronic discovery developed by the Sedona Conference Working Group 7[5], and these principles have been incorporated by reference into the Ontario Rules of Civil Procedure.  

The Sedona Canada Principles Addressing Electronic Discovery and The Sedona Canada Commentary on Proportionality in Electronic Disclosure & Discovery address, among other things, the principle of proportionality.  When considering proportionality, parties and the courts need to weigh the expense and time required against a number of factors, including the probative value of the evidence, the importance of the issues and the value of the claim.  It is important to keep in mind that cost alone is not a determinative factor.

Document Review Process and Analytics

After electronic data is identified, collected and processed, a review is undertaken to assess for relevance, responsiveness, privilege and confidentiality. 

Until recently, this review exercise was typically conducted on a linear basis with each document being individually examined after having run search terms.  Newly developed techniques, such as iterative review, allow counsel to utilize the robust analytics found in review software, such as Relativity, to find relevant documents more quickly and at a substantially lower cost than traditional review.

These technologies and techniques are now within the reach of law firms of any size and can be particularly cost-effective when provided on a managed services basis.

Adapting to the Digital Disruption in the Legal Community

eDiscovery continues to evolve at a dramatic pace.  If your firm provides litigation/dispute resolution services, it is crucial to keep abreast of these developments – both to manage firm liability and to seek advantage for clients. In regards the latter, the use of cutting edge eDiscovery technologies and review techniques can reduce discovery costs substantially and lead to an early and better appreciation of the facts underlying a client’s case.

References

"This is my third year as a member of TLOMA and I will be attending the 2017 TLOMA Conference for a third time.  Conference is the best part of being a TLOMA member. 

The three day conference offers so much. The education sessions are great.  I am the Accounting Manager at Oatley Vigmond LLP and attending the conference has enabled me to learn about other areas of running a law firm, whether it is facilities, marketing or legal.  The keynote speakers for the past two years, Jon Montgomery and Amanda Lindhout, were powerful presenters with such compelling stories.  I am really looking forward to hearing Craig Kielburger speak this year.

Aside from the educational value, the conference provides an opportunity for meeting vendors that can assist your firm with their products and services.  Even though I am not responsible for the purchasing at my firm, I can still see what is out there and report back to my colleagues in the office.  There are always lots of great giveaways as well.  

By attending the conference you get to meet so many different people from other law firms.  You can share information and they can become a valuable resource for you.  It also gives you a chance to socialize with those you already have a connection with.  In our day-to-day work lives, we sometimes only get to catch up with peers briefly. At conference, we are given an environment that allows us to take the time to get to know one another. The food is good, the entertainment is fun and it is a truly memorable few days.  I highly recommend that everyone who is member of TLOMA attend the annual conference.  It is well worth it."

- Lori Anderson, Accounting Manager, Oatley Vigmond LLP

What have been some of your most valuable takeaways from the TLOMA Conference over the years? If you are interested in sharing how the TLOMA Conference helped you build your network, contributed to your professional development or left you inspired, we invite you to submit your experience and testimonial to editor@tloma.com. Your testimonial will be shared in an upcoming issue of TLOMA Today!  

By now, we are in the process of working towards our 2017 goals. We know where to focus our time and attention in order to achieve these goals. Unfortunately, in our fast-paced world we have come to expect “overnight” results and success. This unrealistic expectation often leads to burnout and disappointment, and we may in turn lose sight of all those little goals we have accomplished, leading to the feeling of stagnation.

A great performer knows the importance of setting small achievable goals, and they go out of their way to recognize and celebrate those accomplishments.

Here are some of the strategies they use: 

Performance Journaling:  By making it a habit to write down all the small achievements you have accomplished at the end of the day, helps to rewire your brain for achievement. Studies actually show that doing this just before you fall asleep (for 8 hours I hope!) helps to improve the quality of your sleep, and you wake up feeling more positive and energized. 

Celebrating:  It doesn’t matter the size of the accomplishment, celebrating those small wins with a close group of friends or family members helps to maintain your motivation towards achieving that bigger goal. However, once celebrated, it’s back to the hard work. 

Set Achievable Daily Goals:  At the end of each workday, when you are shutting down the computer, spend 10 minutes writing down your three “must do” activities for the next day. It’s that simple; getting into this daily habit will give you a stronger focus on what needs to be accomplished the next day.

All the best in achieving your highest performance!

Article originally published at Actusperformance.com. 

There is something for everyone!

Organized by your peers, the TLOMA Annual Conference and Trade Show offers a one-of-a-kind opportunity for learning and networking specifically targeted to law firm professionals.  See what this year's Conference has to offer:

• Exciting keynotes!  Check out the sessions planned with Dennis Mosely-Williams and Craig Kielburger.
• Educational content in all disciplines.  See the complete list of workshops.
• Network with your peers and Business Partners.
• Visit our Trade Show with over 50 exhibitors.
• Start your day off right with morning yoga or a nature walk.
• Enjoy great Networking Events including Welcome/Networking Event and Delegate/Business Partner Networking Event.  Don't forget to wear your Hallowe'en costume for a chance to win great prizes!
• Great value - your registration fee covers all sessions, meals and networking.

It all adds up to an Educational and Networking Event not to be missed!

If you have not registered yet, what are you waiting for?

REGISTER NOW TO ATTEND CONFERENCE! 

INVITE A COLLEAGUE 

Mr. Case was founded in the summer of 1984, when, as a university student, I began delivering grocery items by the case door-to-door in residential Toronto neighborhoods. The orders started coming in, along with requests for more products, and in 1986 Mr. Case expanded into a large warehouse/distribution center. Mr. Case realized the enormous potential of the internet, and in 1996 launched its original website, one of the first companies in the Canadian grocery industry to go on-line. Today, 34 years later, Mr. Case has developed into Toronto's leading office, home and foodservice grocery delivery service. Mr. Case continues to expand its delivery areas, and now also delivers to the Burlington and Hamilton areas.

Service Overview

Mr. Case is Toronto’s original home and office delivery service, and we offer over 10,000 quality brand-name grocery products delivered by the case including beverages, coffee and tea, snacks, packaged foods, paper products, catering supplies, detergents and cleaners, health and beauty products, baby care and pet supplies. We also carry a wide assortment of the freshest fruits & vegetables, as well as a complete line of office, technology and printing supplies available for office & home delivery.

We’ve also recently ventured into Custom branded packaging. Customers can now use this service to build their brand and increase awareness while setting themselves apart from the competition.

In an increasingly busy world, Mr. Case is designed to save you time, energy and money, while offering you a convenient alternative to traditional grocery shopping practices. Combining highly efficient personal service with sophisticated technology, Mr. Case provides your office or home with a unique, affordable and easy way to shop.

How many years have you been a Business Partner of TLOMA? We have been a partner since June 2017.

What has been your partnership experience with TLOMA over the years? We are just starting our partnership with TLOMA. I will say that it has been a pleasure to work with Karen Gerhardt regarding setting up our advertising and the event that we sponsored.

Favorite TLOMA memory? We sponsored the Medical Cannabis event this past June 27^th and our Vice President Garret Berk and Sales Manager Todd Linton attended. They thoroughly enjoyed their time at the event. They had a great meal, learned a lot about the subject and met many interesting people.

Where was the last place you vacationed? Kelowna, British Colombia.

What is your favorite movie? To Kill a Mockingbird

What is your favorite comfort food? Club Sandwich and Onion Rings

What is your favorite artist/band you got to see live in concert? The Rolling Stones 

What is your favorite sports team? The Toronto Blue Jays 

Where is your go-to coffee shop? The Goat Coffee Company 

What are your favorite hobbies? Bicycling and playing guitar

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? Approximately seven years

• Where do you work? Baker McKenzie LLP

• What do you enjoy most about the legal industry? The variety of the work I do on a day-to-day basis.

• Where was the last place you vacationed? Dominican Republic

• What is your favorite movie? The Shawshank Redemption

• What is your favorite band/artist you got to see live in concern? Annie Lennox

• If you were to start a blog, what would it be about? Food and health

• If you had to sing a Karaoke song to describe the real you, what song would you sing? Let's Go Crazy by Prince

• Name one thing you can't live without? Headphones

• If you could have a 60-minute conversation with anyone (fictional, famous, not famous, etc.), who would you choose? Nelson Mandela

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.