Law Times

Law Times • June 17, 2013 Page 5 NEWS Lawyers need to innovate, CBA suggests New report aims to spark changes to design of legal industry BY YAMRI TADDESE Law Times W ith fast and transformative changes sweeping over the profession, it's time Canadian lawyers got innovative about the design of their industry, the Canadian Bar Association's initial report on the future of legal services suggests. "Client expectations are going to prompt significant change in the profession," says Fred Headon, CBA vice president and chairman of the Legal Futures Initiative steering committee. Modern clients, he adds, want to have more say in how lawyers represent them and are demanding predictability when it comes to legal costs. Trends created by technology, globalization, and the new economic climate are increasingly demonstrating that the old ways of doing business won't work for much longer, according to the report. While adapting to the changes isn't a matter of choice, Headon says lawyers should see them as an opportunity for growth. "There are not only better ways to serve clients but there are new clients to be found," he says, noting there are potential clients now who deliberately avoid lawyers due to the cost and dissatisfaction with service delivery. More efficient and cost-saving business structures that might include bringing more non-lawyers into the process will be crucial in the future, adds Headon. Lawyers don't need to do all of the everyday work they currently undertake, he says, suggesting others could take on certain smaller tasks. Clients nowadays are also asking lawyers to keep them out of lawsuits in the first place, something that has created the relatively new concept of preventative lawyering. It's a concept that works much like prevention and health promotion in the medical field. The first CBA Futures report, which the association has released as a "conversation starter," is asking legal professionals from across the board for their thoughts on the best way to move forward. The information collected through rules that allow for innovation. the research will be the first of its kind in Fineblit emphasizes that the proCanada, says Headon. fession doesn't have the luxury of time The initial report notes very few when it comes to adopting new models firms invest in the development of new of business and regulation. products and services. "There is an opportunity, but you "One factor of productivity that is unhave to be ready for it," he says. "You have derdeveloped in the legal profession is to be ahead of it." entrepreneurship," the report states. The report also says it's time to ask "With many new types of suppliers who should be responsible for educating entering the marketplace and with more lawyers and what new skills law schools discerning and demanding clients in the could begin teaching. future, there will be a need for more cre"One area that is especially vexing ative ideas in the legal industry besides when examining the future of legal ser'let's do more of what we do, but better, vices in Canada is the challenge of defaster, and cheaper.'" termining how to educate and train the The power shift from lawyer to client means legal professionals will have to 'There are not only better ways to serve cli- new generation of lawyers, and what structure their services around client pro- ents but there are new clients to be found,' skills and expertise they will need beyond files, according to the report. says Fred Headon. Photo: Gail J. Cohen knowledge of the law and the justice system," the report states. "Instead of monolithic, 'one-sizeRisk and project management as well as social networkfits-all' organizations, law firms and other providers of legal services may have to become more familiar with ing are examples of skills lawyers use that they didn't learn their clients' profiles and adopt their resources, opera- in law school, says Fineblit. One school of thought when tions, and practices to mirror or complement their cli- it comes to making law schools more relevant suggests arents. This could include reducing the size of the client ticling should come in the early years of legal education as base they wish to serve. This adaptation process may be opposed to at the end, he notes. The general attitude towards change among lawyers complicated by rigidities in attitudes, structures, and varies in the degree of enthusiasm, according to Headhuman resource policies." Once the CBA completes its research and consulta- on, who says he hasn't met anyone who outright rejects tions, it will publish another report in the summer of the idea. But as the report notes, the legal profession in 2014. The association will later help the profession adopt Canada is "generally conservative." But if lawyers welcome change and the services provided recommended ways of moving forward in all aspects of by other industries, the result may include greater work-life the industry, says Headon. The depth of the CBA research will be extremely useful balance, according to the report. While it's true that technolto law societies, says Allan Fineblit, chief executive officer of ogy creates a non-stop marketplace, lawyers who disaggrethe Law Society of Manitoba, who also sits on the Futures gate and allocate their tasks to others may catch a break, it suggests. "More positively, embracing management techsteering committee. "Regulator work is going to have to change," says Fineblit, niques from other industries could free lawyers from curLT who adds the study will be "a tremendous tool" in designing rent work and time pressures." Recess is for amateurs Clarity works overtime From one team of professionals to another, we respectfully submit that when you or your clients are talking audit, tax and business advisory solutions, you should call us up to the stand. insights and opinions you need, combined with objective, actionable advice to help maximize opportunities in virtually every area of business. Close the case with Collins Barrow. www.collinsbarrow.com Untitled-4 1 www.lawtimesnews.com 13-06-07 1:05 PM

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