skip to main content

TLOMA Today

December, 2025
Golden Ticket - Facility Plus - Cleaning - November 1/23 - December 31/25 Leaderboard
December, 2025 | Presidents Message

President's Message

McNeely, Louise-2025
Author Louise McNeely

This is the last TLOMA Newsletter for 2025.  We hear it all the time: “My, how time flies”. Not only is time passing quickly, the world is changing at mega speed. It seems like just yesterday we were relishing in the amazing season of the Blue Jays and now we are decorating for the holidays.

Last week, we had our annual holiday lunch at Black + Blue Steakhouse at First Canadian Place. It was in the private dining area and we greeted a sold out group. Our Association is blessed to have marvelous Business Partners. Two of our Business Partners sponsored this event. A note of appreciation goes out to Thorpe Benefits and QRX Technology Group.

TLOMA honours retired members who have held Board positions by awarding them Life Membership in TLOMA. Every year a special invitation for the Holiday Lunch goes out to our Life Members. This year six of our Life Members were in attendance. It is always such a pleasure to reconnect with them. The Life Members in attendance were Charles Bennett, Susan Bennett, Jan Chudy, Mary Lavis-Todd, Marg Parker-Doe and Theresia Skoberne.

As I am writing my President’s Message on Monday, December 1, I am watching my Outlook/Inbox that is blazing with an interesting TLOMA forum discussion about a technology topic. As members  of TLOMA, we are provided with numerous ways to learn from each other and connect with our peers in other firms. As we near the end of the year, I would like to remind you to renew your membership. Now is the time to take advantage of the current membership dues rate before they increase on January 1, 2026.

Remember that commercial that the Bay used to have: “The last day of one sale is the first day of the next”?  Well in TLOMA, the last day of the 2025 Annual Conference is the first day of the conference committee planning the next year’s conference. Everyone who attended the conference at White Oaks in Niagara-on-the-Lake came away energized and looking forward to next year’s conference. Plan to attend in Hamilton next September 22 to 24. The Conference Committee is already planning an extraordinary program for the 2026 conference. Take advantage of the early bird pricing of $995 until December 31. The registration rate will increase on January 1 to $1,125.

Our SIG leaders do a tremendous job planning our Special Interest Group sessions. I encourage you to visit the “Upcoming Event” page on the TLOMA website to see what is already planned.

I want to give a special shout out to the Compensation Committee. This committee works diligently behind the scenes with Normandin Beaudry to provide us with meaningful compensation surveys every year.

I am closing my December message by wishing Happy Holidays to everyone. I wish you good health, joy and peace for the new year.

Louise McNeely is the Office Manager at Laxton Glass LLP with responsibility for Finance, Human Resources, Facilities and Operations. Louise is a CPA, CGA with many years of experience in Law Firm Management. Louise is a member of The Law Office Management Association(TLOMA) and a member of 100 Women Who Care Mississauga. She has served as the President of the Rotary Club of Mississauga-Dixie. Louise is also a member of the American Contract Bridge League. In her spare time she plays Tournament Bridge and she is studying Spanish.
December, 2025 | Article

Beyond Burnout: Building Resilience in Canadian Law Firms

2
HPA-TLOMA-HRSIG HalfPage
Thorpe, Roger
Author Roger Thorpe

The modern workplace is evolving rapidly, and nowhere is this more evident than in Canada’s law firms. For HR leaders, employee well-being has shifted from a periodic concern to a strategic imperative. Burnout—often called the silent epidemic—alongside substance use challenges and unexpected personal crises, is testing the resilience of legal teams like never before. The good news? Forward-thinking HR professionals are rising to the challenge, moving beyond traditional perks to create robust safety nets that genuinely support their people.

Burnout: A Culture-Driven Challenge

Burnout in law firms isn’t just about heavy caseloads or long hours. Burnout is often rooted in organizational culture. Employees thrive when they feel psychologically safe—able to ask for help and access resources without fear of stigma. HR leaders must audit current support systems, train managers in psychological safety, and pair ambitious goals with resources like mentorship, flexible scheduling, and mental health benefits.

Proactive Rest and Early Intervention

Traditional paid time off (PTO) policies often fall short, with employees saving days for emergencies rather than using them for rest. Law firms can lead by example, offering “recharge days,” mandatory breaks, and structured sabbaticals for long-tenured staff. Early detection of burnout is critical - signs like exhaustion, withdrawal, and sleep issues should prompt awareness campaigns and leadership messaging that normalizes seeking help. Micro-moment practices, such as mindfulness breaks and short walks, can prevent escalation.

Expanding Addiction & Recovery Support

Substance use challenges can affect anyone, including high-performing legal professionals. A compassionate benefits strategy must go beyond basic coverage, offering accessible, confidential, and multi-faceted support. This includes expanding health plan coverage, partnering with specialized Employee Assistance Program (EAP) providers, and fostering a culture of empathy over judgment.

Legal and Ethical Duty to Act

Canadian law firms have a legal duty to inquire and accommodate under the Human Rights Code. Ignoring signs of burnout or failing to act can lead to compliance risks and reputational harm. Accommodation should be collaborative and start early, with clear frameworks for flexible schedules and workload adjustments. Third-party absence management can help ensure consistency and compliance.

Strengthening EAPs: The First Line of Defense

EAPs are invaluable during moments of crisis, but their utilization remains low. HR leaders should actively promote EAP services, share real-life examples, and regularly review providers to ensure a wide range of support—from mental health counseling to legal consultation—is available and responsive.


By adopting these forward-thinking strategies, HR leaders in Canadian law firms can move beyond reacting to crises. They can proactively build a culture of care, resilience, and support—ensuring their workforce doesn’t just survive, but thrives. This investment in well-being is essential for the sustained success and health of the entire organization. 

Roger Thorpe is President of Thorpe Benefits, an integrated benefits and wellness consulting company based in Toronto since 1982. 

Having joined the firm in 1997 and later acquiring ownership of the company in 2005, Roger has built a team of senior consultants that understand Group Benefits inside out.   Customized solutions are cost-effective, incorporate Wellness and are designed to promote employee health, maintain employee loyalty, increase retention and enhance a company’s culture and overall appeal.

With deep insight into employee benefits, Roger has chosen to challenge existing benefits consulting models. Full transparency of fees and measured delivery of service is backed by a signed Service Agreement with clients. Thorpe Benefits is changing the "old-school" broker model where commissions are hidden and service is reactive.  

Roger is passionate about high performance living where training and improvement never stops. 

December, 2025 | Article

The Law Firm Pyramid Rollover

1
HPA-TLOMA-Advertising HalfPage
Heather Suttie - New Headshot 2023
Author Heather Suttie

Artificial intelligence, pricing, and transience of the legal service sector's workforce will cause the traditional law firm pyramid structure to rollover like an upending iceberg. The result? By 2030, global legal services will operate much differently than they do now.

Twin juggernauts – AI and Pricing – compounded by continuing transience of the legal service sector's workforce will take a major toll on law firms unprepared for their impact. This reckoning will upend the traditional pyramid structure with the result being that by 2030, the global legal services sector will operate much differently than it does now.

The countdown clock is ticking more loudly by the minute, and yet those in the legal services sector that has a historic penchant for entering races to finish second is, as usual, waiting for someone else to make the first move.

What are you waiting for?

I don't know about you, but I have had it with the hurry-up-and-wait babble, lip-flap, and word salad of throw-away terms such as “disruption”, “innovation”, and “best practices” that tend to be tossed around like confetti at a wedding by those who prefer to hear themselves pontificate in an endless future-focused echo chamber rather than take a resolute stand and act right now with the ruthlessness of clear-sighted goal orientation that empowers the achievement of crystal-clear objectives.

Actions always speak louder than words, and decisive swift action pertaining to restructuring how law firms conduct legal service business– not practice law – is the key to survival of the fittest now and over the next five years.

Artificial Intelligence vs. Business Survival

 The Internet changed the world. AI is flattening it.

Task-based AI-enabled work is well-suited to be volume-produced and commodity-priced at a law firm’s lowest operating levels. This includes both legal and administrative work. Clients, who have also adopted AI and continue to do so, know how this tool works and are pressuring external counsel to reflect faster speed and lower cost in transactional pieces of their outsourced legal work. And rightly so.

The upshot of AI replacing junior legal talent most often tasked with rote work – for which clients often refuse to pay – will result in the lowest tiers being lopped off the bottom of traditionally-structured law firms. Juniors that remain are likely to experience higher than ever stress levels, which are apt to result in increased health care claims and departures.

We’re not blameless and, in fact, have been party to this demise.

For example, a number of years ago a General Counsel friend searching for an eighth Canadian firm to handle a portion of his company’s legal portfolio was approached by a major national law firm offering to conduct the company’s rote work at the firm’s paralegal level and at a deep discount provided that the GC consider the firm when litigation files were up for grabs. Apparently, the firm was either daring or willing to have its sophisticated litigation expertise judged and possibly awarded on the quality of commoditized rote work.

Regardless of the firm making a peculiar bet on the quality of its work product, the GC accepted the offer of a bargain price on rote work. As for what happened to litigation files, who knows but it’s a sure thing as with any unpredictable situation that all bets were off.  

Even though this event occurred years ago, the acceleration of commoditized rote work has increased steadily to the point where it can now be handled by AI at a much lower-than-human cost and turned around in a heartbeat. 

The Pricing Component

The flip side of the AI coin is pricing. Because these two factors go hand-in-hand, both must be considered simultaneously and executed in tandem. The added wrinkle is that this double conundrum is a core business component, which means that specialized and accredited talents of experts, such as CFOs, COOs, pricing specialists, and data analysts – not lawyers – are critical to the ability to shift to various pricing models that are crucial to a firm’s survival.

This is when lawyers must step aside and let money-oriented businesspeople do their jobs. It’s not that lawyers don’t add value to the pricing process; it’s that lawyers by the nature of their work and orientation to legal practice often confuse practice with business when, in actuality, the two concepts are as different as a zebra and an umbrella.

As an illustration, for a client who is the buyer of legal services and products, cost is a major component in evaluating both the process and outcome as a way to measure value for money. For this cost-conscious client, providing pricing certainty for budgetary purposes enables an avoidance of unpleasant and unwelcome surprises.

This means that the hourly rate will no longer continue to be the standard pricing method. Instead, it will remain on trial for its life and will survive to be used only in select situations and as warranted.

The demarcation between legal service providers who employ AI and modern pricing components and those who don't is already stark and in the months of come, the gulf between the two will widen.

As for the billable hour, it will continue in a languishing state with and for those who can't imagine anything else. However, the billable hour will die very shortly or has already died with and for those who can imagine everything else.

Where the Back Stops

Value-based pricing, flat fees, fixed fees, and subscription models are go-to methods for law firms determined to be viable and solvent.

Instituting these models is not a wholesale, all-or nothing transition from hourly rates to modern pricing schemes. Instead, the transition is best accomplished by the deft scoping of every mandate.

This means more work on the front end of a file due to the requirement of having in-depth, clarifying conversations with a client to understand the full end-to-end scope of the matter and its value to the client personally as well as professionally.

The next step is to scope the matter into its composite parts. Once all the matter’s parts are scoped, an assignment of both a pricing model – there can and probably should be different models for different pieces of work – and cost based on experience, expertise, and talent required to produce that particular component, can be assessed and client approved with none of these component parts and costs having any bearing on time.

Flat fees, fixed fees, and subscription models are fairly simple to understand and apply. However, in my experience, very few lawyers fully understand and grasp what Value-Based Pricing (VBP) is and confuse it with discount schemes pertaining to hourly rates.

VBP is not a discount scheme in any way, shape, or form. In a nutshell, value is a measurement of worth. Worth is determined by how much more value a client receives from you than you receive from a client in payment. Therefore, value-based pricing is determined by how what you provide to a client benefits them now and over the years to come.

Clearly understanding your client's business and industry along with how what you provide impacts them professionally and personally is the starting point. This deep level of discovery needs to happen every time for every client on every matter because they, their business and lives change continually, which you won't know about unless you ask many questions and probe for nuance … Every. Single. Time.

The challenge for law firms is that VBP, in particular, requires a complete alteration of mindset, culture, business structure, and lawyer compensation. This is why AI is the ultimate pricing and restructuring lever.

The Domino Effect

The domino or knock-on effect of the traditionally-structured law firm rollover is that without young associates and students handling rote work – which is often referred to as “training” for some unfathomable reason – mid-level lawyers won’t have the supports they’re used to but will still be expected to self-sustain and bring in new business.

At the top levels, senior lawyers who can retire will do so, leaving those who don’t, won’t or can’t retire holding both the firm’s responsibilities and purse strings in fewer hands.

The end result for many of these firms will be structural cave-ins due to one of two scenarios: 1. Overweighted equity at the top, a compromised centre, and weak support at the bottom – think reverse pyramid, or 2. Lesser equity at the top, a bloated middle, and again, weak support at the bottom – think diamond shape, which is why rollovers will upend traditional law firms like icebergs when their weight distribution changes.

Cave-ins will be considered a “collapse” while, as a rescue mechanism, law firm acquisitions and mergers will happen aplenty.

Redundancy and Rightsizing

What about everybody else who works in law firms? As you’d expect, it’s fair to assume headcount to decrease at all levels and roles throughout traditional law firms due to the bottom being lopped off the pyramid structure.

As most often happens during times of rightsizing, many of those who are released will be professional staff who are not lawyers. This is because lawyers are considered revenue generators while professional staff are perceived as overhead.

However, nothing is further from the truth. Professional staff provide the business structure of a firm, particularly in terms of financial and technology management, as well as data analytics, pricing, marketing, and business development talent who enable targeting of prospective clients as well as expansive cross-servicing to current clients with efforts applied to both classes of clients that convert to sales. This level of infrastructure enables lawyers to do what they say they went to law school for – lawyering.

The problem is that even though this level of infrastructure provides the rebar that supports the business of a law firm, lawyers prefer not to pay for it but instead will often elect to bring in more unsupported legal billing talent.

And around and around we go.

The Dreaded Deadwood

Worse yet, many firms continue to carry deadwood – non-productive people of all stripes who are freighted like a ship’s ballast. While in shipping terms, ballast enables stability, deadwood impedes forward motion similar to a ship dragging an anchor.

This peculiar phenomenon has been going on in the legal services sector forever and ranges throughout many firms from partners to staff who are carried for a cornucopia of reasons, including: habit, fear, non-transferred or hoarded intellectual capital and production skills along with knowledge of and politics pertaining to where bodies are buried – hopefully, figuratively – along with who put them there…you name it.

Deadwood is one of the most pervasive, pernicious, willfully ignored, and systematically unaddressed symptoms of a law firm fated to be a ghost ship or hit the rocks. We know it, talk about it and yet this problem persists.

This is why law firms determined to survive come AI and Pricing, and hell or high water must make hard and unwavering decisions, have tough and uncomfortable conversations, and restructure themselves ruthlessly to be flatter, non-hierarchical enterprises that are streamlined, sleek, and seriously ultra lean.

A Restructuring Warrior

Having helped law firms restructure practices groups, industry teams, client service departments and firm-wide client-facing systems, I understand the peculiarities and sensitivities of doing so within the legal services sector.

However, having successfully restructured two major business turnarounds prior to my life in legal – one was a privately-held company while the other was public, federally-regulated and unionized that had struggled for nine and 19 years respectively – by fixating on core business and eliminating all that was ancillary while maximizing profit margins, executing on an exact schedule with short-term goals, mid-term milestones and long-term objectives, and keeping intact a team that embraced the vision, I have first-hand experience and the scars to prove it that heavy restructuring is an unpopular role that, metaphorically, will result in needing to remove knives from your back during the day before resting at night, an act that will continue mercilessly until the job is done.

Restructuring is warrior’s work that demands proven business acumen, deep management experience, and uncompromising rigour along with a calm demeanour as well as flexibility, determination, and grit bolstered by senses of humour and the ridiculous. 

There’s a dearth of that type of mercenary talent within most traditionally structured law firms – and a fear of contracting it in – which is why heavy restructuring within the legal services sector has yet to happen proactively, and won’t if and until it has to by necessity and only at the last minute.

Gradually, Then Suddenly

The phrase "gradually, then suddenly" originates from the 1926 novel, The Sun Also Rises by Ernest Hemingway when, in response to being asked how he went bankrupt, the character Mike says, "Two ways: gradually and then suddenly." 

It illustrates that even though change seems sudden, it’s often the compounded result of a process that been in production for a long time.

For many years we’ve been conditioned to hearing, reading and talking about change awaiting us in the future. That’s because this type of messaging is often used to create a frisson of attraction, excitement and urgency. However, this messaging is false because change happens by increments and in nonlinear fashion every single second of each and every day.

Such is the case of the traditionally structured hierarchical law firm pyramid, which is why and how this structure is in the evolutionary and unstoppable process of gradual destabilization that will cause it to roll over like an iceberg and upend suddenly.

To that end, act now – and fast – or prepare to go under

This column first appeared on Slaw, November 2025.

Heather Suttie is acknowledged as one of the world’s leading authorities on legal market strategy and management of legal services firms.

Since 1998, she has advised leaders of premier law firms and legal service providers — Global to Solo | BigLaw to NewLaw — on innovative growth strategies pertaining to business, markets, management, and clients. The result is creation of new value and accelerated performance achieved through a distinctive one of one legal market position and sustained competitive advantage leading to greater market share, revenue, and profits.

Heather writes on these issues at heathersuttie.ca and can be reached at heather@heathersuttie.ca.

December, 2025 | Article

Underwriting and Rating Excess Professional Liability Insurance

4
HPA-TLOMA-SocialMedia HalfPage
Pietras, Candace
Author Candace Pietras

Purves Redmond Limited (PRL) recently sponsored a TLOMA finance session on excess professional liability insurance underwriting, rating and claims trends and wanted to expand upon the subject in the TLOMA newsletter. We have tried to avoid outlining our proprietary rates and underwriting and focused on generalities to rating and PRL’s program claims history which is led by Intact Insurance (Intact).

Purves Redmond Limited (PRL) and Intact Insurance recently sponsored a TLOMA finance session on excess professional liability underwriting, rating, and claims trends. In this article, we expand on those topics while avoiding proprietary rating details and focusing instead on general underwriting insights and PRL’s program claims experience.

Premiums are based on claims histories and individual risk data encapsulated in the excess professional liability insurance application. Insurance brokers often propose rates on underwriting forms but the ultimate decisions are made by insurance companies such as Intact. At PRL, renewal clients can be rated by the insurance broker only under certain circumstances, for example, if there are no claims, no US law and no material changes. As such, the insurance broker works closely with their insurers such as Intact throughout the underwriting and rating process. The process is analytical, and the insurance broker has limited leverage for rating.

Claims History

Insurers believe that past claims are indicators of future claims exposures. As such, the first key item required for underwriting and rating the law firm’s excess professional liability insurance is the firm’s loss history. Insurers require a minimum of five years of claims data. If the law firm does not compile claims data internally, then a copy of the Law Society’s claims summary is required for underwriting. Note that claims with demands over $500,000 or the estimate of liability by the law firm is over $500,000 or the reserve posted by LawPro is over $500,000 may be subject to claim surcharges. It concerns excess insurers when claims are larger as it is more likely that the matter will erode the LawPro primary and impact the excess insurance. It helps the firm to advise of the remedial action taken after a claim occurs (i.e. internal training, firm audit or termination of the lawyer involved) to minimize claim surcharges.  

We have noted that the frequency of excess professional liability claim notifications has increased in the last few years, as Canadians are becoming more litigious and the economy becomes uncertain. The majority of the reported claims close without damages paid and many claims close with minimal legal costs. Insurers are less concerned about the number of notifications than the nuclear demands over $10M in damages alleged by plaintiffs, as this would impact the excess professional liability insurance policies. If the firm has had multiple claims over $1M paid by insurers, then excess professional liability insurers will loss rate the premium, meaning that the actuaries will analyze the risk and likely quote higher than standard rates.

Based on PRL’s excess professional liability claims history, the legal disciplines that have the most claims are listed below. This may not reflect your law firm’s specific claims history.

Real estate

  • Residential real estate claims have increased due to the challenging real estate market, particularly with GTA condominium sales slowing.
  • Commercial real estate claims occur less frequently but the severity of the claims is significant.


Wills and estates 

  • As the population ages and wealth is transferred, there is an increased frequency of litigation against lawyers if beneficiaries do not receive funds to their liking


Mergers and acquisitions

  • When an acquired company does not live up to expectations, the purchaser often sues the law firms involved in the transaction


Construction

  • As municipalities reduce infrastructure spending, there is increased claims activities against all consultants, including the law firms that drafted the construction contracts, particularly issues with indemnity agreements


Class action

  • Claims can be severe when a class sues a law firm for one of the following risks:

      -  Favouring the named plaintiff versus other class members
       - Settlements that disproportionately benefit some segments of the class
       - Not addressing conflicts within the class

Financial institutions

  • There have been claims involving lenders suing law firms for:

       -  Unrecoverable loan balances caused by law firms not reviewing or dragging documents with key clauses; and
        - Losses tied to negligent compliance advice.

Tax

  • Some of the largest E&O claims in Canada related to law firms giving incorrect tax advice leading to clients suing for damages or penalties, back taxes and interest due to reliance on incorrect advice.

 

Claims often have root causes and poor communication is the leading cause of law firm E&O claims. As the older generation of lawyers leave the firm, so do many long-term client relationships and the ability to smooth out issues. New lawyers who do not invest in client relationships have a higher risk of being sued when there is a client conflict or adverse verdict. Time spent getting to know your client is an investment to avoid or to reduce the severity of E&O claims.

Underwriting

The second key item required to quote excess professional liability insurance is an application. Many applications are similar and brokers are able to quote on each other’s forms. Below are the list of key criteria for rating.

Disciplines

Legal disciplines are a key underwriting criterion for rating. Disciplines are distinguished between high and low risk of claims. The PRL program distinguishes the disciplines as follows:

  • Higher rated disciplines: real estate, mergers and acquisitions, class action, construction, financial institutions, securities law, patent/trademark, tax, wills and estates and bankruptcy.
  • Lower rated disciplines: administrative law, corporate law, criminal law, family law, government, immigration, insurance, employment and litigation.

 

For instance, if our base rate were $1,000 per lawyer (PRL’s actual rates are lower), then we would apply surcharges for higher rated disciplines and discounts for lower rated disciplines. A firm with 100% real estate exposure would have a 50% increase to rate so the base rate would be $1,500 per lawyer. A firm with 100% insurance exposure would qualify for the base rate of $1,000 per lawyer. Firms with multiple disciplines are the ones that require complex calculations and underwriting.

Limit

Insurers have a minimum premium for every million dollars of limit deployed. For instance, our minimum premium is $5,000 for a $9M excess limit over LawPro. As such, when sole proprietors or smaller law firms approach us for insurance, this is an important criterion for rating. Limit is a lesser criterion for larger law firms.

Lawyer Count

While other professionals are rated on firm revenues, law firms are rated on the number of lawyers practicing at the firm. Some firms elect not to disclose their revenue on the application, and while this information is required for policies such as cyber insurance, it is not required for excess professional liability insurance.

As the number of lawyers increase, the exposure for claims increase and thus the premium increase. Larger law firms with 100+ lawyers are subject to non-standard rating and economies of scale.

Firm Specific Exposures

Every law firm has unique exposures to consider. For instance, if the firm has lawyers with US law licenses, then the program would add coverage for foreign legal consultants on a primary basis ($1M/$2M) and excess basis (up to limit purchased or required). This would require an increased premium and endorsement to cover the risk. If the firm had patent and trademark agents on staff, then the program would rate for the primary coverage ($1M/$2M) and excess coverage for this risk and to comply with the association’s insurance requirements. If the firm practiced employment law including workplace investigations, then the insurance broker would need to expand the definition of professional services. There would be a charge for this exposure or for a separate policy. Some firms have lawyers on leave or who work part-time and they receive rate discounts.

Separately Placed Insurance

Many insurers offered bundled savings if additional insurance policies are purchased. At PRL, our lead insurer, Intact also quotes separate policies for:

  • Crime
  • Outside Directorship Liability
  • Directors and Officers Liability
  • Employment Practices Liability
  • Miscellaneous Professional Liability

 

These policies are quoted separately so as not to dilute the E&O limit but they require separate premiums and they are rated on lawyer count and/or revenues. If a law firm wants the option for $1M in social engineering fraud as part of the Crime policy, one additional question is asked and there is an additional premium for this risk, due to the frequent and severe nature of wire transfer fraud emanating from hackers.

Other Criteria

Insurance premiums are subject to negotiation and insurance brokers have limited flexibility to reduce rates for the following criteria:

  • Early bind discounts (often 5%) if the firm binds 30 days in advance of the renewal date
  • Commission can be reduced
  • Relationship management

 

We hope that you find this article helpful in explaining how your excess professional liability insurance is underwritten or rated.

One of the quirks of the lawyer excess professional liability insurance programs is that insurance brokers are aligned to specific insurers, such as PRL working with Intact. Clients who want an optional quote are required to approach different insurance brokers to access their programs for quotations. Please note that PRL is open to business and would be happy to provide an Intact-led quote for your upcoming renewal.

Candace leads PRL’s professional services practice, and she leads some of our global risk management clients. Candace represents professional clients such as law firms, architecture/engineering firms, insurance brokers and accounting firms.

Her services include designing and facilitating risk management education, providing contract analysis, writing policy wordings and negotiating partnerships with strategic insurers. She also teaches risk management courses at the Insurance Institute of Canada.

Candace holds a Bachelor of Engineering (Chemical) from McGill University, her Fellow Chartered Insurance Professional, CAIB, CRIS and CRM designations.
December, 2025 | Article

The Hidden Cyber Threats in Law Firm Document Sharing: What Office Managers Need to Know

Hidden threats
HPA-TLOMA-TechnologySIG HalfPage
Nolan
Author Nolan Witkowski

It's a busy Tuesday afternoon at a mid-sized family law firm in Mississauga. Suddenly the office manager gets a call from a panicked associate: apparently confidential settlement documents have been compromised. There wasn't a hack or ransomware attack: a junior associate used a personal Dropbox account to share files with a client. The client forwarded the link to their spouse, who in turn shared it with their financial advisor. By mid-morning, the firm was facing potential Law Society complaints, PIPEDA notification requirements, and angry clients who trusted them with their most private information.

This isn't a rare occurrence. Document sharing has become so routine that most law office staff don't think twice about the security implications of clicking "share" or "forward." Office managers coordinate dozens of document exchanges daily through email, client portals, shared drives, and various file transfer services. The problem is that each method carries different risks, and many firms have no clear policies about which tools are appropriate for which types of information.

Why Email Attachments Aren't as Safe as You Think

Many Ontario lawyers treat email like secure mail. They attach pleadings, settlement agreements, and client communications without a second thought. The problem? Standard email travels across the internet in plain text. Anyone with the right tools and access to the right servers can intercept and read your messages. It's the digital equivalent of sending confidential documents on a postcard.

The risks multiply when you consider how email actually moves through the system. Your message bounces through multiple servers between your firm and the recipient. Each server is a potential access point and each connection is a potential vulnerability. When you email documents to opposing counsel, clients, or court personnel, you're trusting the security of every system between point A and point B.

Email also creates permanent records that live beyond your control. Recipients can forward your attachments to anyone. They can save them to unsecured personal devices. They can upload them to cloud storage you've never heard of. You sent one file to one person, but within hours it could exist in a dozen locations you'll never know about.

The Personal Cloud Storage Problem

Chances are that your staff are using Dropbox, Google Drive, and OneDrive right now. They're doing it because it's easy, and because nobody told them not to. If a paralegal needs to share a 50MB file that's too large for email, they might upload it to their personal Dropbox account, generate a sharing link, and send it off. The file is now sitting on servers you don't control, protected by security measures you didn't choose, and accessible through a link that never expires unless someone remembers to revoke it.

Personal cloud accounts lack the security controls your firm needs. They don't have audit trails showing who accessed what and when. They don't integrate with your firm's authentication systems. They don't comply with the data residency requirements that many Canadian privacy regulations impose. When an employee leaves your firm, their personal cloud account leaves with them, along with every client file they ever uploaded. Six months later, people you've never heard of are accessing confidential client documents, and you have no idea it's happening.

Client Portal Security: Not All Platforms Are Created Equal

Many firms have adopted client portals as a safer alternative to email. The theory is sound: clients log into a secure system, download their documents, and everything stays contained within a controlled environment. The reality is that not all client portals deliver on that promise. Some are built with strong encryption and authentication. Others are glorified file-sharing sites with a login page slapped on the front.

The first question you need to ask about any client portal is where the data lives. Is it hosted in Canada? Does it comply with provincial privacy regulations? Some popular platforms store data on servers in the United States or other countries, which creates problems under PIPEDA and Law Society guidelines. Your clients' information crosses borders every time they log in, and you're responsible for knowing where it goes.

Authentication strength matters more than most firms realize. A portal that only requires a username and password isn't secure. Multi-factor authentication should be mandatory, so if your portal doesn't support it, you're using the wrong portal. The same goes for session timeouts, automatic logouts after inactivity, and alerts when someone accesses an account from a new device or location.

Building a Document Sharing Policy That Actually Works

Your firm needs a written policy that tells staff exactly which sharing methods to use for different types of documents. The policy can't be vague: "Use secure methods" doesn't help anyone. Staff need specific instructions: use this tool for court filings, that tool for client communications, this other tool for internal collaboration. When people don't know the rules, they make up their own, and that's when security falls apart.

Start by categorizing your documents based on sensitivity. Create three or four categories with clear examples of what fits in each one, and then assign approved sharing methods to each category. For example:

  • Public documents can go through regular email.
  • Confidential client communications require encrypted email or a secure portal.
  • Highly sensitive materials like trust account information need the most restricted channels.

Make it easy to do the right thing - if your secure sharing method is clunky and time-consuming while personal Dropbox is fast and simple, people may use Dropbox. Invest in tools that balance security with usability, or your policy may be ignored the moment someone is in a hurry.

Training Staff on Secure Sharing Practices

Real examples work better than abstract warnings. Walk your staff through the scenario of a misdirected email or a shared link that got forwarded to the wrong person. Explain the Law Society complaints, the PIPEDA notifications, and the client relationships that get destroyed. When people understand the actual consequences instead of theoretical risks, they pay attention.

Testing matters as much as training:

  • Send simulated phishing emails to see who clicks.
  • Create scenarios where staff need to share sensitive documents and see if they follow protocol.
  • Track which mistakes happen most often and adjust your training to address those specific gaps.

The goal isn't to catch people doing wrong things. It's to identify where your training isn't working and fix it before a real incident occurs.

Taking Control of Document Sharing Security

Document sharing won't get less complicated, and the pressure to prioritize convenience over security will only increase. The firms that survive this tension are the ones that invest in secure tools that are also easy to use.

Your clients chose your firm because they trust you with matters that could change their lives. That trust extends beyond legal advice. It includes keeping their information away from people who shouldn't see it. Make the commitment to better cyber security commitment today, and you may never have to take ‘that’ phone call!

Nolan is an expert in IT for law firms. In 2024 he became CEO of IT support company Inderly, local to Hamilton and Toronto and serving law firms across Ontario.  

When not leading the Inderly team, Nolan can usually be found writing and shooting independent films, playing D&D, or enjoying Toronto’s best theatre productions and concerts. 

December, 2025 | Article

The Duty to Accommodate: Employer Do’s and Don’ts

3
HPA-TLOMA-JobBoard HalfPage
LINDY-Bio
Author Lindy Herrington

What is the duty to accommodate?

If an employee has needs related to a protected ground under the Ontario Human Rights Code (e.g. disability, religion, family status etc.), the employer must implement adjustments to their policies, job duties, or the work environment so that the employee can fully participate in the work environment.

The duty has two key components:

  • Procedural Duty: is the obligation for employers to take steps to understand the employee’s needs, which may include consulting with the employee, conducting individualized assessments, or gathering medical information.
  • Substantive Duty: is the obligation to put in place reasonable and effective accommodations to address an employee’s needs, provided these measures do not cause undue hardship to the employer. Measures may include modifying work schedules, altering duties or providing assistive devices.

It is important to remember that the employer is not required to provide the employee their preferred accommodation, but one that is reasonable in the circumstances and does not cause the employer undue hardship.

Factors that may cause undue hardship include financial costs, interference with the rights of other employees, and health and safety concerns. It is a high bar to meet. It requires employers to show that they have considered all reasonable options to accommodate the employee beyond the point of undue hardship.

Do’s for Employers:

1. Be proactive and responsive:

  • As soon as an employer becomes aware (or ought reasonably to be aware) of a possible accommodation need, engage in a discussion with the employee.
  • Respond to the employee in a timely manner. Delays or ignoring the employee’s requests can lead to the breach of the procedural duty to accommodate.

2. Engage in a meaningful, individualized and collaborative process:

  • Meet with the employee and gain insight into their needs. Ask for relevant and reasonable information (medical documentation, functional restrictions and limitations etc.) but avoid any unnecessary or excessive requests for information.
  • Make sure the process is collaborative and not one-sided. Work with the employee to identify their needs and explore solutions together. Accommodation is a shared responsibility, not something the employer decides alone.
  • Document the options considered, including the rationale for the options chosen and why others were not.
  • Recognize that each employee’s needs are unique and that is it not a one-size fits all process.

3. Provide reasonable accommodation, where it does not cause undue hardship:

  • Provide the required adjustment for the employee, be it modified duties, flexible hours, remote work etc. unless the employer can show undue hardship.
  • Maintain confidentiality of sensitive information. Accommodation information must only be disclosed on a need-to-know basis.

4. Document the process:

  • Keep records of when the accommodation was requested, the dates of accommodation meetings, the information provided, measures considered and those implemented and the accompanying rationale for why they were/were not implemented. Adequate documentation may be key to establishing that the procedural duty to accommodate was met.

5. Review/re-evaluate Accommodations periodically/as circumstances change

  • Review accommodations periodically to ensure the measures are appropriate. This is particularly important if the employee’s needs or job requirements change.
  • Ensure that the process remains collaborative. Avoid requesting updated information without also providing the employee the opportunity to speak to changes in their circumstances/needs.

Don’ts for Employers:

1. Don’t expect the employee to use formal language when requesting an accommodation:

  • A formal accommodation request in writing is not always required. The duty may be triggered when the employer knows or ought to know of the employee’s need.
  • Don’t dismiss a verbal or informal request.

2. Don’t skip steps or dismiss the process:

  • Failing to gather the proper information, consider alternatives or ask questions can result in a breach of the procedural duty to accommodate, even if accommodations are offered. E.g. ignoring functional limitations reports or refusing to meet with an employee.

3. Don’t treat the employee’s accommodation preference as the only option:

  • While employee input is important to the process, employers are entitled to provide reasonable accommodations that meet the employee’s functional needs. Employees may be required to compromise.
  • If an employer provides a reasonable accommodation option and it is rejected by the employee without good reason, the employer’s duty may nonetheless be discharged.

4. Don’t claim undue hardship without proper evidence or considering alternatives:

  • Undue hardship is a high threshold to meet. Operational inconvenience or simply citing cost is not enough. Employers have to show evidence of a real and substantial burden to meet this threshold.

For employers, understanding their obligations under the duty to accommodate is paramount to effective operation. The duty can feel complex, but it is ultimately about fairness, flexibility and collaboration. Employers who respond to requests in a timely manner, and engage in a transparent, collaborative, and documented process, are more e likely than not to meet their legal obligations and foster a healthy work environment.
Lindy is a lawyer who practices exclusively in workplace investigations at Turnpenney Milne LLP, conducting fair, thorough, and trauma-informed investigations to help organizations address complex workplace issues.
LBA-iCompli-2025 Leaderboard
December, 2025 | Movers and Shakers
Iron Mountain - Thank you HalfPage
Movers and Shakers

New Members

Janiene Chand

Director, Operations & Talent

Allen/McMillan Litigation Counsel

Christol McLean

Office Administrator

Lewis Litigation PC

Dennis Neil

Director of Professional Development

Blaney McMurtry LLP

Raana Norouzi

Accounting Clerk

Mintz LLP

Sarah Schreier

Business Operations Manager

Black Sutherland LLP

Charlotte Stoody

Operations and Events Coordinator

Mintz LLP

Moved

Gabriel Fernandez

Office Services Manager

Loopstra Nixon LLP

Katie Foley

Director of Human Resources & Operations

Crawley MacKewn Brush LLP

Upcoming Events

Careers Icon
Forums Icon
Resources and Education Icon
Sessions & Events Icon

Supporting Firms

  • Simpson Wigle greyscale 26jul17
  • logo_smith_valeriote
  • Harris Law Logo
  • logo_gardiner_roberts
  • O'Connor MacLeod Hanna LLP
  • Henien Hutchison LLP
  • Rayman Beitchman LLP 2mar18
  • logo_sotos
  • member_minden_gross
  • Walker Head Lawyers 27sept19 - greyscale.
  • Crawford Chondon & Partners LLP 24feb20
  • member_tgf
  • logo_bernardi_llp_5405 (greyscale)
  • Riches McKenzie 11oct17
  • logo_chaitons
  • MacDonald & Partners logo
  • BlaneyMcMurtry
  • Giffen Lawyers
  • logo_willms_shier
  • member_blg
  • Daoust_Vukovich
  • logo_cassels
  • logo_sherrard
  • logo_harris-sheaffer
  • Fox Vanounou Porcelli 29aug19
  • Levitt LLP Logo
  • member_hicks_morley
  • MillerThomson
  • member_torkin_manes
  • logo_pmlaw
  • Robins Appleby
  • Beard Winter Logo black white - New
  • Deloitte Tax Law
  • O'Sullivan
  • logo_mcleish_orlando
  • Haber Lawyers 14feb19
  • logo_guberman
  • Laxton Glass
  • logo_hsh
  • Gillian Hnatiw 2
  • rogers partners
  • Mills + Mills
  • logo_sullivan_festeryga
  • Waddell Phillips
  • Blouin Dunn
  • Green + Spiegel logo 31jul17
  • Davies Howe
  • Goldblatt
  • logo_wildeboer
  • Dentons
  • aviva_lawyers
  • balesBeall
  • Lenczner Slaght resized
  • logo_benson
  • Reves Richarz LLP
  • Grosman, Gale 2nov17
  • logo_bennet_jones
  • WARDs Legal - grayscale
  • logo_chappell_partners
  • Marks + Clerk 18may18
  • LeClair Logo
  • CLYDE + Co 2aug17
  • GMA Full Name Logo
  • Loopstra Nixon logo 140w greyscale
  • logo_zuber
  • heuristica
  • logo_dlapiper
  • member_weirfoulds
  • Kormans Logo
  • logo_shibley
  • SparkLaw
  • hummingbird
  • Dueck-Sauer-Jutzi-Noll
  • Piasetzki
  • logo_keyser
  • HRG.logo
  • logo_goodmans
  • logo_ridout
  • Cumming & Partners
  • logo_norton
  • Rueters LLP 5mar18
  • logo_madorin
  • logo_sokllp
  • logo_oatley
  • logo_dale_and_lessmann
  • Reybroek140x60 resized
  • logo_ricketts_harris
  • LLF_LAWYERS
  • dutton_brock
  • Minken Employment Lawyers logo 14aug17
  • RossMcBride
  • logo_kronis
  • logo_lerners
  • Koskie Minsky
  • BakerMcKenzie
  • logo_goodmans
  • MONTEITH RITSMA PHILLIPS PROFESSIONAL CORPORATION - greyscale
  • Stockwoods Logo
  • logo_dw
  • logo_torys
  • logo_hull_hull
  • Tupman + Bloom 3mar20
  • logo_macdonald_sager
  • logo_bennet_jones
  • AUM Law Logo 22nov18
  • Cavalluzzo LLP_Logo
  • fogler-rubinoff
  • logo_barriston
  • logo_bereskin_parr
  • logo_giesbrecht
  • GWLG_GRAYSCALE
  • Chappell Partners Logo
  • logo_wilson_vukelich
  • Nelligan 14aug17
  • Matthews Dinsdale 1feb19
  • McTague Logo
  • dickinsonwright
  • logo_Osler_hoskin

TLOMA Logo

© 2014 TLOMA. All Rights Reserved. 
Privacy Policy