Law Times

Law Times • September 9, 2013 Page 5 NEWS Firm on target No easy answer to conflicts despite slowdown Continued from page 1 Continued from page 1 in the U.S. and it instantly became an opportunity in my mind. That's what crystallized it in my mind." Looking at the trade volumes between Canada and the United States, there's logic to a U.S. law firm having a footprint in Toronto, says Jamie Spence, managing partner of the Toronto office. "It is a very interesting platform because there's a lot of work going back and forth," he says. "We have our U.S. partners involved in our files and they're involving us in their files. It's so far worked out very well." Dickinson Wright has several offices in Michigan where it originated as a two-lawyer firm. It also has offices in Ohio, Arizona, Nevada, Tennessee, and Washington, D.C. As Levitt was quick to notice, the firm isn't going for the "mega deals." "They're not establishing big offices in New York and Chicago and going for the mega deals. They're going for a much bigger volume of many different kinds of clients, different sizes, and needs. Here's a firm that says there's so much work in the mid-market and so much of it is between the U.S. and Canada. Why don't we be a U.S./Canadian law firm?" It's a strategy Levitt has confidence in. "Law firms come in all shapes and sizes and they go through their evolutions, but to hear a law firm and come to understand that they have a really solid strategy and are executing that strategy really got my attention." Once recruited to the Toronto office, Dickinson Wright lawyers get to meet their U.S. counterparts, says Spence. The firm encourages lawyers on each side of the border who practise in similar areas to work together. "We're always looking for very good people with practices that match with the other practices in the office and the U.S. side of the firm," says Spence. "People like the idea of a crossborder firm." It's no wonder why, says Levitt, who notes "the borders are disappearing in many ways." For Brant, the small-office feel of the 40-lawyer team in Toronto is great. "But then you've got bench strength through the cross-border opportunities. That's what really attracted me." Spence isn't keen on speculating on the chances of expanding Dickinson Wright's Canadian presence even further, saying only that "as a business, you look at every option that comes to you and if an opportunity comes to us, the firm has a duty to its partners to look at it." For Levitt, there's a potential for growth at Dickinson Wright that he describes as being "ambitious but not for ambition's sake." Since opening up shop in Toronto, business has been good and the firm is meeting its targets, according to Spence. "There has been a slow period here in Toronto, but we're pretty well on target," he says. "The busy time is to come. We pretty well made it through summer, which is slow. Our ability to pick up new clients is improving." A few weeks into his new job, Levitt says the energy he sees around him has been impressive. "They picked very wisely. Every person I'm running into here has a different background, different experiences, but what seems to be the common thread is . . . high energy," he adds. He describes the firm's culture as young and modern but one that still has room for someone like him. "I am fairly close to heaven," he says. "But I'm one of those oddballs that I don't want to retire. It's kind of interesting that this firm valued someone like me. That was really important. It seems to be a place that they don't judge you on age or colour. They judge on what you can do as a lawyer." LT law firm. I'm not sure it was necessary but it shows real sensitivity to the situation." But what constitutes a conflict isn't always clear. "There is the obvious, in-your-face conflict that everybody knows and you should avoid at all costs and the Supreme Court of Canada has jurisprudence on that," says Slayton. "But there's a whole range of other conflicts that are hard to define and some people take more seriously than others." There have been times when conflicts of interest became such a concern that senior practitioners have left their firms altogether. McMurtry mentions renowned international arbitrator Yves Fortier, who left Norton Rose OR LLP, now Norton Rose Fulbright Canada LLP, a couple of years ago to pursue his career independently. "He was in such demand in international arbitration that he had to withdraw from the firm to free himself from the conflicts," says McMurtry. "He was running into so much conflict that he publicly announced he's basically going out on his own." At the time, Fortier said the decision had been a "very emotional" one given his 50 years at the firm. "That's an example of the problem law firms face. It's a reality of life at a big law firm," says McMurtry. There's no easy answer to how law firms and former judges should handle such situations, he adds. The issue, he notes, is "very complex" and something law firms should handle on a case-by-case basis. "I think these types of cases are best left to the good judgment and good sense of a law firm and the lawyers involved," says Slayton. "I think it would be a mistake to devise a formula." While firms must be sensitive to all kinds of conflicts, it should ultimately be the lawyer or former judge involved who makes the call, he adds. "These retired judges are very smart and experienced people, and I think we can have a lot of faith in their discretion and good sense when it comes to something like this." LT Pipella Law is currently hiring a full-time lawyer. We are a boutique law firm specializing in personal injury law and we are looking for a lawyer with 4 - 6 years experience in personal injury litigation. We work on a variety of files in a team-based environment and the successful candidate will be a team player who has excellent research, writing and inter-personal skills. We offer excellent working conditions, a competitive salary and solid benefits. Please forward your resumes to Pipella Law at kpipella@pipellalaw.com. Pipella_LT_Sep9_13.indd 1 13-09-04 1:29 PM CANADIAN LAW LIST 2013 YOUR INSTANT CONNECTION TO CANADA'S LEGAL NETWORK Inside you will find: of more than 58,000 barristers, solicitors and Quebec notaries, corporate counsel, law firms and judges in Canada; for the Supreme Court of Canada, the Federal Court of Canada, Federal Cabinet Ministers, departments, boards, commissions and Crown corporations; Untitled-2 1 related to each province for the Courts of Appeal, Supreme Courts, County and District Courts, Provincial Courts, law societies, law schools, Legal Aid, and other law-related offices of importance. MORE THAN A PHONE BOOK www.lawtimesnews.com Prices subject to change without notice, to applicable taxes and shipping & handling. Visit carswell.com or call 1.800.387.5164 for a 30-day no-risk evaluation 13-08-08 1:14 PM

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