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PAGE 8 NEWS June 8, 2009 • Law Times Big-firm model pitfalls drive Hayes off Bay Street T BY ROBERT TODD Law Times oronto commercial and litigation lawyer Mark Hayes says he left Bay Street after 25 years to start his own fi rm due to concerns about the big-fi rm model, which he says many companies are railing against in these lean times. "So far, the really gratifying thing is that clients have been very pleased, both with the move and with the work we've been doing," says Hayes. "Th at's really what it's all about, in terms of a practice going forward." Hayes specializes in com- mercial and litigation matters in the areas of copyright, enter- tainment and media, informa- tion technology and privacy, and access to information. He is one of the few Ontario lawyers certifi ed both in civil litigation and intellectual property. Ontario Labour & Employment Legislation 2009 - 2010 This edition includes: • • • • • • • • • • • plus important regulations, rules and information bulletins New in this edition: Under the • Amendments to O. Reg. 285/01, making public holiday provisions applicable to elect to work employees Under the • New Human Rights Tribunal of Ontario (January 1, 2009) Under the • Amendments to Information Bulletins 9 and 20, affecting construction • Ontario Labour Relations Board Rules of Procedure updated to March 1, 2009 Under the • S.O. 2008, c. 20 amendments (not in force), affecting construction • New regulation O. Reg. 47/09, Construction Sector – Exemptions (not yet in force) ORDER your copy today Perfectbound • 1,174 pp. • June 2009 • Standing order $79 • P/C 0813140000 Current edition only $89 • P/C 0813010000 Multiple copy discounts available • ISSN 1195-0196 He recently left Blake Cassels & Graydon LLP to open the new fi rm, Hayes eLaw LLP, and previ- ously practised with Fasken Mar- tineau DuMoulin LLP, Davies Ward & Beck LLP, and Ogilvy Renault LLP. Hayes now sees pit- falls in the model fi rms adopt. "Number one, the costs are too high. I think the bill- ing rates are too high, and in particular I'm really con- cerned the billing rates for jun- ior people are just too high, he says. "And the big fi rms were just too dependent on big trans- actions and that kind of thing, which basically disappeared." Hayes says he was also con- cerned that "what I was bringing in wasn't really being refl ected in what I was taking out." He wasn't interested in mov- ing to another fi rm, and con- cluded that he could operate with less overhead and lower rates than he was at Blakes while still taking home "as much or more" money. "Th e big advantage though, now that I've done it, is really that it simplifi es your practice so much, because really I just have to please my clients. And I've been pretty good for the past 25 years of pleasing my clients," he says. "I think what I've found more diffi cult is understanding exactly what my partners were looking for. And that can be a lot more complicated." Hayes is joined by his wife, For a 30-day, no-risk evaluation call: 1.800.263.2037 Canada Law Book is a Division of The Cartwright Group Ltd. Prices subject to change without notice, to applicable taxes and shipping & handling. Ontario Labour & Employment (LT 1-4x3).indd 1 Cross-Border Litigation Interjurisdictional Practice and Procedure Guidance on all aspects of cross-border litigation for inter-provincial, international and multiple jurisdictions LT0608 Debra Montgomery, at the new fi rm on Queen Street West in Toronto. She mainly acts as a "part-time, in-house counsel" for companies that don't need a full-time lawyer on staff , he says. Hayes also recently hired a law clerk from Blakes. 6/3/09 9:43:33 AM Mark Hayes says 'clients have been very pleased, both with the move and with the work we've been doing.' He says he named the fi rm Hayes "eLaw" LLP because of the e-commerce, technology, pri- vacy, and data protection aspects of his practice. Plus, the term meshes with his business model, which he describes as "experi- ence, expertise, excellence." Th e "eLaw" term has been confusing to some though — Hayes says the Law Society of Upper Canada originally thought he had a partner named "Elaw." While the work has been steady so far, small-fi rm challen- ges have arisen. Hayes admits to missing the social interaction that comes with life at a big fi rm, and says the administra- tive side has taken its toll. "It's very demanding in terms Brian Casey, International Lawyer, Baker & McKenzie LLP • • • • • • • • • Cross-Border Litigation: Interjurisdictional Practice and Procedure offers practical guidance on all aspects of cross-border litigation, covering everything from deciding where to commence litigation to enforcement of a judgment. It is an excellent handbook to help you understand the legal considerations involved and map out the right course of action, such as: where is the best place to sue strategies for challenging the plaintiff's choice of venue how to ensure proper service outside your jurisdiction how to determine which jurisdiction's laws apply obtaining evidence from other jurisdictions responding to requests for evidence from other jurisdictions pleading and proving foreign law pre-judgment cross-border remedies enforcing foreign judgments at home and domestic judgments abroad This resource includes time saving features such as a decision tree to help analyze where a case should be litigated, appendices with related Hague Service Conventions and a glossary of terms. ORDER your copy today Hardbound • 424 pp. • June 2009 • $115 P/C 0291010000 • ISBN 978-0-88804-484-6 of your time, and I'm fi nding I'm spending a lot of evenings and weekends," he says. "Th at's a real challenge, and hopefully as time goes along that's going to smooth itself out." While many lawyers would likely shudder at the idea of open- ing their own shop during a re- cession, Hayes believes the slump has helped his fi rm thrive. "What I've found is that gen- eral counsel are looking for ways to get more bang for their buck. And so what I've been able to of- fer is the kind of experience and expertise that they're looking for, but in a lower-cost package." Hayes says he is able to off er companies experience and "spe- cialized knowledge" to prop their in-house counsel. He has been working in a format in which he provides senior leadership to an in-house team, which then is able to focus its attention on work that big fi rms would assign to junior lawyers or students. "I think it is an opportunity, and certainly, based on the fi rst couple of months . . . I've been far busier than I expected," he says. Hayes says he doesn't fear that For a 30-day, no-risk evaluation call: 1.800.263.2037 Canada Law Book is a Division of The Cartwright Group Ltd. Prices subject to change without notice, to applicable taxes and shipping & handling. www.lawtimesnews.com MacDonald_cross border litigation (LT 1-3x4).indd 1 6/3/09 9:34:33 AM LT0608 work will dry up once the econ- omy turns. "My feeling is, and this is one of the strategies when I looked at making this move, is that as long as I had a strategy that I thought would work well during the down period, that once things start to go back up, you know this year, next year, whenever it's go- ing to come back, I think it'll ride that back up." His web site www.hayeselaw. com will be operational shortly. LT Accessibility for Ontarians with Disabilities Act, 2005 Crown Employees Collective Bargaining Act, 1993 Employment Standards Act, 2000 H Labour Relations Act, 1995 uman Rights Code Prepared in consultation with the law firm Occupational Health and Safety Act Ontarians with Disabilities Act, 2001 Pay Equity Act McArthur Vereschagin & Brown LLP Public Service of Ontario Act, 2006 W orkplace Safety and Insurance Act, 1997 H Employment Standards Act, 2000 uman Rights Code Labour Relations Act, 1995 W orkplace Safety and Insurance Act, 1997 Rules of Procedure for Transitional Applications (Partners and Executive Officers) Kenneth C. MacDonald "… This will be a very useful and timely addition to the library of any litigator involved in inter- jurisdictional disputes." ... and more