Law Times

LAW TIMES COVERING ONTARIO'S LEGAL SCENE | MARCH 25, 2019 9 www.lawtimesnews.com BY SHANNON K ARI For Law Times F or senior lawyers, the hope when delegating work to a more junior associate is that it will free them up for other tasks, yet the fear is also that in the end that work might have to be re-done and it ends up being an exercise in inefficiency. Smart hiring and effective training are two key ways to en- sure that the outcome is positive both for the less experienced ad- vocate or support staff and also the firm, say lawyers appearing on an upcoming panel discussion at the Law Society of Ontario en- titled "Setting the example: Best practices for modelling, teaching, training and delegating to staff." "I see my role, at least initially, is to teach and to guide," says Lai-King Hum, chairwoman of the April 2 event at the Law So- ciety of Practice Management for Litigators, which includes the discussion on training and del- egating. "You want to hire people, though, who are going to drive themselves," adds the human rights and employment lawyer, who heads Hum Law Firm in Toronto. "I can teach you skills, but I am looking for people who care, who want to do it the right way," she says. "The ones who will ex- cel will not ask, 'What do I do?' They will come back and say, 'I have thought about it. I think we should do it this way. What do you think?'" says Hum. Social skills, which will be required both in terms of in- teracting with clients and other lawyers, are also as important as legal knowledge, she says. "The person with the 'straight As' in law school is not always the best hire. I always look to see whether someone can engage with people," she says. Colin Stevenson, a com- mercial litigator and partner at Stevenson Whelton LLP, says the process is easier if you have made a good decision at the hir- ing stage. "You have to hire the right people. If they are not, then you need to make a decision early on," he says. Once someone has been brought into the firm and shows promise, then senior lawyers should not try to micro-manage, Stevenson says. "Part of the problem is at the partner level, where they cannot let go and there is a failure to del- egate properly," he says. "The partner should be able to judge the situation and deter- mine to what extent he needs to maintain supervision," Steven- son says. For non-lawyers working at a firm in support staff positions, there is a professional obligation to directly supervise any tasks that are assigned. In the case of junior lawyers, however, Steven- son says the goal should be to try not to interfere if possible. "A lot of senior partners fail to let go enough. The trouble is, it ends up being stif ling for the junior lawyer," he says. Poten- tial issues down the road can be avoided, he says, if a senior law- yer gives clear directions to an associate on a file at the begin- ning stages. "Too often, we give bare- bones instructions. If you have concerns, ask for interim re- ports. With a new client, I try to have an associate or junior partner handle the file on a day- to-day basis and I have to be confident they will come back to me for advice at key points," Ste- venson says. He adds that it is essential that the more junior lawyer is present at the initial client meet- ing and that it is communicated clearly as to what the role of each lawyer will be. "I am still responsible for the strategic direction," says Steven- son. Tanya Walker, who heads Walker Law in Toronto, says the training and direction given to junior lawyers requires the se- nior lawyer to follow their own advice. "You have to practise what you preach. We have a weekly meeting to go over our files. I am a stickler for time. I can't expect to show up 10 minutes late for this meeting," says Walker. When assigning tasks to a rel- atively new lawyer, she suggests initially narrowing the request. "I might ask them to draft one section of an argument," she says. The proper way to commu- nicate with clients and other lawyers is also important to teach in a time of text messag- ing and the use of social media, says Walker. "I copy them on communica- tions. It is a way to understand what is appropriate," she notes. All three lawyers agree that good support staff, from clerks to assistants, is an essential com- ponent in any successfully run law firm. "Give them accountability. Show them that you trust them and, when they do a good job, make sure to acknowledge it publicly," says Walker. LT Lai-King Hum says social skills are as important as legal knowledge for firm staff members. FOCUS Straight-A students not always best fit Delegating, hiring well key to firm success "A lot of senior partners fail to let go enough." Colin Stevenson The Canadian Lawyer InHouse Innovatio Awards is the pre-eminent award program recognizing innovation by members of the in-house bar within the Canadian legal market. These awards celebrate in-house counsel, both individuals and teams, who show leadership by becoming more efficient, innovative and creative in meeting the needs of their organizations. The Innovatio awards program draws on a panel of in-house counsel judges to determine the winners, based on a range of criteria. NOMINATIONS NOW OPEN NOMINATE AN INDIVIDUAL OR TEAM IN THE FOLLOWING CATEGORIES: • Law department leadership • Law department management • Legal operations • Diversity • Best practices in compliance systems • In-house M&A/Dealmakers • Working with external counsel • Litigation management • Risk management • Tomorrow's leader in innovation Accepting nominations from large, small and public sector/non-profit legal departments. NOMINATIONS CLOSE MARCH 29, 2019 For more information or to nominate visit www.innovatio-awards.com Questions? Contact Gail J. Cohen | gail.cohen@tr.com THE E B O L G AND MAIL SIGNATURE SPONSOR BRONZE SPONSOR BRONZE SPONSOR MEDIA PARTNER GOLD SPONSOR PLATINUM SPONSOR COCKTAIL SPONSOR SILVER SPONSOR Untitled-3 1 2019-03-21 3:46 PM

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