TLOMA Today

Hello 2020, I am so glad you have arrived and I am very excited to find out what you have in store for me. This year will be an amazing year and I know for a fact that this is true.

When you look for the good and positives in everything you do and experience you will find it. When you look for the bad and negatives in everything you do and experience you will find it too.

Which would you rather find?

I do not live in “La La” land, I know there are good and bad experiences as we journey through life. What I am referring to is your frame of mind and perspective. You have complete control over both even if you stray to the other side from time to time. Just do not live there too long; it is not good for you, but that is a topic for another day.

I had an incredible 2019 where I was challenged, faced a workload that almost sent me screaming from the building a couple of times and I received unexpected health news for a loved one. I would not trade any of it for anything and I have no regrets about 2019 and all it had in store for me. I love to be busy and challenged. I love being involved in new things and learning, it is how I feed my brain and gain passion for what I am doing. Finally, I have spent more time and real quality time with my loved one than I have in years. Overall 2019 was a very good year with lots of great things.

I think there are positives in everything we experience even if they are not easy to see at first. The key is to look for them until you find them no matter how big or small. As you practice this skill it gets easier to find the positives quicker. This will help when times become challenging or you receive some bad news.

Back to what I know 2020 has in store for us all. I would like to officially welcome Dawn Millar as TLOMA’s incoming President; Dawn is passionate and committed to the members and Business Partners and will work hard to ensure the association thrives and is successful. Dawn’s term as President officially starts in the middle of February once we have had our corporate handover meeting.

The Conference Committee is pleased to announce our Opening Keynote Speaker Sunjay Nath. Sunjay is a member of the Canadian Speaker’s Hall of Fame and has spoken for a number of Canadian Legal associations. The conference will focus on Leadership for Legal Management professionals, you will not want to miss it.

We have officially launched our Best of TLOMAToday Award. This award displays TLOMA talent and features creative, practical and relevant content for legal management professionals. This award recognizes innovation and thought leadership of its members. If you would like to submit a written article for TLOMAToday to showcase your knowledge and talent, please contact Mary DaRosa our incoming Communications Coordinator. Nominations for the award must be submitted by October 30, 2020. Full details about the Best of TLOMAToday Award will arrive in your inbox mid January.

On January 21, 2020 we have a Human Resources SIG meeting on Mental Health in the Workplace – the Journey Towards Breaking the Silence. This meeting is sponsored by People Corporation, a huge thank you to them for their continued support.

The SIG Leaders are hard at work planning many more excellent meetings for you. Please watch your inbox and check the TLOMA website where details will be posted as they are confirmed.

Our first TLOMA baby is expected to arrive in a few short weeks, Rose will let us know as soon as Baby Yanco makes their debut. Congratulations Rose, we are thrilled and happy for you as your family grows by one.

Karen Gerhardt will lead the board and committees through the day to day responsibilities of running the association. Karen has been with TLOMA for six (6) years now and is a Past President; she will do an amazing job sharing her experience and knowledge with us.

We all have lots of positive things to look forward to as we start 2020.

This is my last President’s message which is truly bittersweet. I have immensely enjoyed sharing my thoughts with you along with updates on what the board and committees have been doing for you over the last year.

HUMAN RESOURCES

Being the 2019 HR SIG leader for TLOMA was a wonderful opportunity to connect with so many, not only with TLOMA members but also with our sponsors. It was a very satisfying and rewarding experience, confirming how great the TLOMA network really is, where we can learn new things or gain insights applicable to our roles, keep on top of industry trends AND have fun while doing all of that. The HR SIG events this year covered the very informative session on Bill 47’s workplace compliance and amendments to the ESA, the very interesting topic of employment practices in the #MeToo era, discussions were had on structuring firm incentive and comp programs to maximize talent or client retention, and we ended with some great insights and takeaways from the Mentoring and Coaching event.  Stay tuned for the upcoming session on Mental Health, deferred until 2020! 

I wish to thank all attendee TLOMA members for a great year as well as all volunteers (sometimes agreeing to with little lead time). Special thanks especially to Karen Gerhardt and Joanne Gibson-Davis (as Education Coordinator), as well as to Angela Kirkpatrick who helped make the sessions a success. A warm welcome to Susanne Craig as the new HR SIG leader for 2020 who will deliver more great topics in the coming year. Happy Holidays to all!

MARKETING

This was my second year as the Marketing SIG leader. Whether you are new to legal or an experienced legal professional, a TLOMA membership provides invaluable networking opportunities, training and access to educational seminars to be more effective and stay abreast of new trends. The sessions in 2019 were well attended both in-person and by webcast. Topics included: SEO Strategies & Tips, Digital Transformation, Public Relations - Positioning your Key Staff & Partners as Thought Leaders, and Both Sides of the Client Intake Process: New perspectives from Finance and Business Development. If you have any suggested topics for 2020, please don’t hesitate to reach out. I look forward to being your Marketing SIG leader for another year.

FINANCE

Having been a TLOMA member since the 90’s, this was my first year as Finance SIG Leader.  In 2019 we had a record 4.5 SIG sessions and for the first time ever we had a Finance/HR SIG session, a rewarding experience. In 2019 we also saw the launch of the sessions being broadcast via live video feed. The sessions we had in 2019 were well attended, both in person and by webcast. They included a session on: Artificial Intelligence in Legal/Financial Market (Jan 2019), Introduction to Integrated Solutions (Apr 2019), Better Pension Plans for Law Firms (July 2019), Funding & Establishing Your Talent & Client Retention Programs (Aug 2019) and Getting Prepared for Year End (Nov 2019). In 2020, I look forward to doing a CFO/Controller round-table as well as attending the conference in September.

FACILITIES

As I wrap up my second term as Facilities SIG Leader, I wanted to thank my fellow TLOMA members for supporting me in what was a busy year work-wise and that limited the amount of time I could dedicate to the SIG Leader role. Everyone was very understanding and I am grateful to have you as friends and colleagues. Special thanks to Wayne Gayle, Asanka Samaraweera and Karen Gerhardt. We continued with our successful roundtable discussions and had great SIG’s around ergonomics and workplace health and safety this year.

Asanka Samaraweera will be taking over as SIG leader for the next term. Asanka is a great person with lots of facility experience - he is going to do a great job! Thanks to all and have a great 2020. 

TECHNOLOGY

This was the start of my second 2-year term as Technology SIG Leader with TLOMA, and I was very excited to bring more Tech sessions to TLOMA Community. Thank you to everyone who attended this year's educational sessions. We covered topics such as Consumerization Of Technology to Better The Business Of Law, Cybersecurity Solutions, etc. I am very excited about bringing additional sessions to the TLOMA Community.

A special thank you to Rose Yanco and Karen Gerhardt for helping me organize all sessions. Stay tuned for more Tech events to come in 2020!

If you have any suggested topics for 2020, please reach out to me at mrasitsan@fasken.com. 

After 23 years in the industry, employers like myself tend to face the same types of issues. The experience of running a business can be simultaneously rewarding yet complicated at times. This is especially true as the workforce grows and as an employee benefits program is added. As a business owner, I know first-hand that letting things go unchecked can lead to bigger issues down the road. As advisers, part of our role is to shed light on these issues before they ever pose a problem.

Upon taking over an existing case, it is easy to assume that the plan is set up correctly, however, that is not always the case. For example, does the party paying for the long-term disability coverage match the schedule that is set out in the employee booklet? Further, why was the plan set up in this way? Sometimes it is discovered that the plan design is linked to some historical event that is no longer relevant to the business objectives.

Plan Participation

From a liability perspective, we often identify issues regarding plan participation. Each carrier has different rules respecting participation limits and often depends upon the size of the group. At first it is simple, but participation limits are affected throughout the year as employees join and leave the organization. This gets difficult for the plan administrator to track and manage. As such, our recommendation is to ensure that the employee benefits program is mandatory for all employees. The primary reason an organization sets up an employee benefits program is to set corporate policy and transfer risk to the insurance company. So then, doesn’t it make sense to treat everyone equally?

Another issue arising is in relation to the amount beyond the carrier’s NEM (non-evidence maximum). The NEM is the amount that the insurance carrier is willing to offer each employee (based on their income) without requiring the employee to provide any medical evidence of insurability. Often however, employees do, in fact, qualify for coverage amounts beyond the NEM.  It is the plan administrator’s responsibility to ensure each plan member aware of their qualifications and to assist with applying for the additional coverage. All too often, we find that plan members believe they are covered for what is indicated in their employee booklet, whereas in reality, their coverage could be significantly less!

Industry coverage is mostly concerned with Privacy and Confidentiality, which in my opinion is an area that has been covered well by employers. However, we do occasionally run into someone that is retaining copies of receipts and claim forms submitted on behalf of employees. Obviously, this is something that needs to be addressed immediately.

Group insurance can be a complex product and acting as a plan administrator can be a daunting experience, nevertheless there are ways to protect yourself. New clients and prospects will firstly be asked if they have plan administrator liability insurance in place through their general insurance policy. Unfortunately, I frequently find out that this coverage is not in place. For most employers, this is a very good place to start and is easily solved with a quick phone call to your general insurance broker.

A good plan administration relies on a good relationship with the broker, the carrier, or preferably both. Any changes in salary, family status, or coverage should be communicated in a timely manner.

Plan administrators can also offer useful tips to employees such as reminding them to take their ‘out of country emergency travel information’ for trips. Plan members should also communicate the location of the documentation to any travel companions, so that it can be accessed in case of an emergency. This goes a long way to ensure a better plan experience for both the plan administrator as well as the employee.

Communication of the employee benefits program is an area where many employers’ struggle. Too often the scenario is typically an employee meeting at the inception of the plan and then nothing further. The challenge here is to ensure that the new employees joining your company receive the same experience. Holding a refresher meeting at least once a year is a good way to ensure that employees understand the coverage. We advise clients to communicate with plan members any time that there is any change to the plan. This can also be a great time to survey what your team values regarding the program.

Terminating Employee

There are a few HR procedures to consider when an employee is terminated or they are simply moving on to another opportunity. When terminating an employee from the benefit plan, the plan member needs to be advised of their options within 30 days to convert their life insurance as well as the health and dental to an individual policy. Further, when making offers of severance, a client should approach the carrier in advance for approval in relation to any extension of benefits offered to the terminated plan member.

Administering an employee benefits plan can often seem like a challenging experience, but it does not have to be.  Many of my colleagues in the industry do a stellar job and take great pride in looking out for their client’s best interest. Tools like the plan administrator checklist that our firm uses just adds another layer of protection for employers.

My advice to any company looking for an employee benefits advisor is to interview several brokers to find the right fit.  In an ideal world, that person will come with a high level of experience and trust. This will provide you with the comfort of knowing they’ll help you dot the Is and cross the Ts, making your employee benefit experience a positive one. 

This article first appeared in the November issue of Pensions & Benefits Monitor. 

When many law firms are as fungible as peanut butter, savvy productization and exemplary service are differentiators.

One of the most significant trends brought to the legal market by alternative law companies is the variety of delivery methods that make legal services less complicated and expensive, and therefore easier for clients to purchase. In response, law firms that wish to stay relevant and solvent in this increasingly competitive field need to market their services using a hybrid model.

While for the time being the most complex legal services may continue to be scoped, executed and billed at an hourly rate — the lifeblood of many lawyers and law firms — astute clients are increasingly expecting that more routine and easily commoditized services will be packaged as products.

Packaging a service has six features, namely: 1) defining what it is; 2) defining the expected outcome; 3) describing what the package contains; 4) describing benefits to the user; 5) offering easy access and delivery; and 6) providing a fixed cost.

TIME AND MONEY

The advantages of offering legal services as products are twofold: time and money. While delivering a service takes time, there are only 24 hours in a day. As a lawyer, do you really want to spend precious hours doing low-level, mind-numbing grunt work? Is there any advantage in paying others in your firm to do routine work that often has to be written off when clients balk at the antiquated practice that enables young lawyers to learn on their dime?

And really, can you honestly stand to bill for small stuff? Should you even bother?

Your experience, professional reputation and rates all have a ceiling. The notion that the more advanced one is in one’s career the wiser one is and, therefore, justifiably more expensive, is being pushed back against ferociously by clients who have had it with big bills for little things. Besides, competing on rates is a zero-sum game; eventually you’ll lose, because there will always be good, less expensive alternatives.

NOTHING NEW

Selling legal services as products is nothing new, but will become much more prevalent as clients demand better service, faster turnaround, greater involvement during the process, full transparency on project management, and cost structures that enable concise budgeting without financial surprises.

Canadian lawyers have been providing transparency and fixed pricing for years. Jane Harvey has headed up a storefront law firm since 1980, with price lists posted in the windows for passersby to see as well as on the firm’s website. Offering legal services in real estate, family, wills and estates, litigation and business law, Jane Harvey Lawyers has grown to seven locations in the Greater Toronto Area, most of which are located in shopping malls and concourses. Prices include bottom-line totals with fees, taxes and costs of expected disbursements listed line-by-line. 

Axess Law has enjoyed success since it launched in 2012, using a similar structure and service offerings with six locations in retail stores and supermarkets within the Greater Toronto Area.

THE AMAZON EFFECT

Amazon entered the legal service market early last month with IP Accelerator, a venture that introduces a select network of law firms based in the U.S. to businesses worldwide needing intellectual property services. In time, Amazon expects to expand its service roster to law firms and trademark offices in other countries around the world.

Amazon says the participating U.S. IP law firms have agreed to pre-negotiated rates for standard services involved in obtaining a trademark registration. They are also capable of assisting with copyright registrations, design patents and other IP protection strategies.

These vetted firms should be able to save clients both time and money in securing IP rights as well as enable them to benefit from Amazon’s brand protection program, which identifies and removes bad online listings to help protect a brand’s credibility.

Amazon has, in effect, packaged IP legal services. Client fulfillment indeed!

SOMETHING FOR NOTHING

How does all this affect lawyers and their firms? Strong market positioning built on three pillars of niche, differentiation and brand, along with continuous caring and trusted relationships have always been and always will be critically important to securing and retaining valuable client loyalty. So will determining legal services that can be creatively commoditized, packaged and sold as a subscription, at a flat-fee rate, or even given away free of charge.

Palo Alto-based Cooley Go, a division of Cooley LLP, has catered to the Silicon Valley crowd since 2014. Cooley Go has an open store where entrepreneurs with other businesses can get non-disclosure agreements and other small legal documents and services, tips, tools and guides for free. Giving away the small stuff is a huge help to startups and creates goodwill and trust.

Cooley is smartly playing the long game and betting that a payoff will happen if and when these small ventures grow to the point where they need assistance on more complex legal issues, such as an M&A or IPO.

THE UPSHOT

On one hand, these smart firms are offering legal services and tools to clients at transparent and predictable costs, while on the other hand they are providing value through thoughtful and consistent client experience. And isn’t that what really matters to clients and those privileged to serve them?

Besides, delighting clients in this way, along with giving away the small stuff for low to no cost, beats raising their ire with ambush invoices that list a string of 0.10’s for precious little that they consider to be of value. 

This article first appeared in Canadian Lawyer, November 2019.

Have you ever questioned your own interview skills? Interviewing isn’t an everyday task for most and understandably, this means the majority of hiring managers are admittedly out of practice. For some, the process can be almost as daunting for them, as it is for the interviewee. If this sounds like you, then you could be doing your business a huge injustice without even realizing. After all, we all know that interviews are supposed to be a two-way dialogue. So, interviewers must always be aware that interviews are as much about the candidate interviewing you as an employer of choice, as it is the other way around.

By brushing up on your interview skills, and learning a few quick tricks to help keep the interviewee engaged and alert, you will not only ensure the candidate is put at ease (and as a result, gives their best performance), but you can be sure that they will leave only having good things to say about your organization.

Prior to the interview, prepare a list of the questions you will want to ask the candidate. Here are some important questions you’ll want to consider asking when you conduct your next interview.

Can you tell me a little about yourself?

This is great way to open the conversation and can also serve as an icebreaker question that will help the interviewee relax. It will also provide a general overview of how they see themselves as a professional before you dive into the specifics. Additionally, it will help connect the dots on their resume so you understand not just what they have done, but also why.

Why do you want to work for the company? 
Ask the candidate what they know about your company and once the candidate has finished telling you what they know about your organization, fill in any necessary blanks. This is important to gauge whether the candidate has done their research on what makes your company a unique place to work.

Try to give them an insight into what life is like at your company, and enable them to imagine working there. Describe things like the company culture, and what makes it a great place to work. You should also mention any industry accolades which set you apart from the competition, plus any interesting or widely known projects which you have been involved with. What can often excite candidates, is the prospect of having a market leader who is renowned in their field.

What are three things that are most important to you in a job?
Many employers only scrutinize qualifications and skills without properly evaluating how well the candidate will fit in with the team, organization and company culture. Brainstorm the keywords which describe your team, organization and culture. For instance, you may work at a close-knit organization where everyone is very friendly and team-spirited. Therefore you should look for these attributes in your candidate during the interview.

Prepare a couple which can reveal whether or not the candidate possesses the traits that could make them a good fit. For example, in the case of requiring a team spirited individual, you would ask questions like “how would you describe your style of working?” or “can you give an example of a time when you worked well in a team?”

Give an example when you had to work with someone who was difficult to get along with.  How did you handle interactions with that person?
It is important that you also assess the soft skills of the candidate. Soft skills are inherent personality traits which are trickier to teach and harder to measure. Think about which soft skills would be of benefit to the role, for example strong conflict resolution and problem solving skills. Also think about the attributes the previous job holder had which were beneficial to the role, and which weren’t. You should also speak to colleagues in the industry to find out which personality traits they recommend, as well as to your recruiter to get their expertise.

Once the candidate is in front of you, how can you assess a candidate’s soft skills in an interview situation? It’s much harder to do than assessing technical skills. Ask questions which give them the chance to demonstrate this skill. You can also read between the lines to see how they demonstrate this skill in the way they talk to you as a senior stakeholder. Do you feel that they come across as confident and able to build a rapport with key decision makers? Soft skills are not to be underestimated when interviewing for new talent, they can set the difference between a candidate that’s good on paper, and one that’s great in practice.

What are you seeking to accomplish in your career?
Think about the opportunities available within this role. For instance, there may be scope for the successful candidate to progress their skill-set and career within your organization.  Will this candidate take advantage of the opportunities available? You should also find out what their expectations are for training and development opportunities. Internal progression and development could be a core part of your staff retention strategy and a key driver of company performance. Therefore it is important to find a candidate whose career goals are aligned with this.

Remember to keep the interview engaging, interesting and conversational. In doing this, you sell the opportunity to the candidate as much as you would expect the candidate to sell themselves to you. More so, you will stay in their mind as an employer of choice, ensuring that they walk away saying only good things about you, your organization and the opportunity in hand.

In summary, there are plenty of things you can easily forget to assess for when interviewing for new talent, but being as prepared as possible, will increase your chances of finding, and more importantly retaining the best candidate for the job.

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 TLOMAToday to give readers a snapshot of who we are within the legal industry.

Name: Bernice Durdin

How long have you been a member of TLOMA? 18 years

Where do you work? Robins Appleby LLP

What do you enjoy most about working in the legal industry?  The connections I have made over the years…..it's never a dull moment.

Describe a career accomplishment that you are particularly proud of: Back in 2015, after 17 years working in Barrie I made the jump to Toronto….definitely stepping out of my comfort zone.

Where was the last place you vacationed? Samna.

What is your favorite lunch spot during the workweek?  My office, who has time for lunch?

What is your favorite artist/band you got to see live in concert? Bon Jovi, I have seen him MANY times and plan to do so again and again and again.

What is your favorite sports team? Raptors.

What are your favorite hobbies? Yoga, Pilates and Golf.

If you were able to start a blog, what would it be about? My life as a GO train commuter.

If you could have a 60-minute conversation with anyone (fictional, famous, not famous, etc.) – who would you choose? My Mom, she passed away in January 2017.

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.