Law Times

Law timeS • September 3, 2012 Team concept key to reaping benefits FOCUS Continued from page 14 "But because class actions are multijurisdictional, they have forced us to come together as an efficient group throughout the country. relationship between corpo- rate and litigation departments is cyclical and dependent on the economy, class actions are bringing more balance to the relationship. "Class actions remain a Finally, to the extent that the " strong area of activity notwith- standing an economic down- turn," says Angus McKinnon, a litigator at Heenan Blaikie LLP' Toronto office. To be sure, the hierarchi- s cal impact varies from firm to firm. But generally speaking, it appears that the degree of the impact varies inversely with the historical importance of litiga- tion in the firm. In other words, the more balance that existed before class actions became a force, the less impact their dy- namic growth will have on firm hierarchy. "The situation in our firm has remained proportionately the same, of Norton Rose Canada LLP's " says Sylvie Rodrigue Montreal and Toronto offices. "We've always had a big litiga- tion department." Jeff Galway of Blake Cassels & Graydon LLP's Toronto office says things are much the same at his firm. "Litigation has always played a prominent role in our firm and I don't think that there has been a dramatic shiſt in that position- ing or that the relationship be- tween the corporate and litiga- tion departments has changed, he says. "But there is an increas- ing awareness on the part of cor- porate lawyers about the risks that class actions engage and the need to work closely with litiga- tors to address those risks." Thanks to class actions, then, " litigation lawyers are enjoying the reputations necessary to at- tract corporate clients. That' particularly true in relation to the increasing number of foreign s Sure, we could tell you that our client was awarded the largest personal injury judgment in Canadian history and that all our principal partners are past-presidents of the Ontario Trial Lawyers Association. We could also mention that our firm was voted top five in its field in Canada and that we have a five out of five preeminent peer review rating from Martindale-Hubbell. All those achievements and honours don't just happen. They're the result of the way we work and the way we care for our clients. Don't take our word for it... ask around. When you know someone with a personal injury case, call the lawyers that lawyers recommend most. Ask about our competitive referral fees. firms drawn into Canadian litigation. "Foreign entities who are drawn into class actions oſten don't have Canadian counsel," says David Byers of Stikeman Elliott LLP's Toronto office. "That means that getting a class action " tion department is critical to keeping current clients in-house these days. "My perception is that corporations faced retainer offers significant opportunities to bring in corporate work going forward. Conversely, a top-notch class action litiga- with major class actions will go to the firm that is best-equipped to do this type of work regardless of who is doing their corporate commercial work," says Vincent O'Donnell, a litigator at Montreal' ence of a seasoned litigator who can quarter- back the class action process and deal with its implications in a corporate commercial context have a decided marketing advantage. By way of example, Alan D'Silva of Stike- man Elliott's Toronto office has carved out a It follows that firms that boast the pres- s Lavery de Billy. realized that they must defend these cases in a different way from the way they handle their normal claims practice, he says. "Insurance expertise " is not nearly as impor- tant a consideration as the proven ability to handle a big case and particularly a big class action." Even where the able for securities law- yers merely to hand off a securities class action file to a litigation partner, s no longer accept- says McKinnon. "They must remain an essential part of the team." The same is " emergence of class ac- tions hasn't changed the internal balance of power, it has intensi- fied the relationship between corporate and litigation lawyers. "The opportunity to formidable reputation in insurance-related class actions. He isn't an insurance specialist but he does have considerable experience with class actions. "The insurance companies have many other types of cas- es, such as pharmaceuti- cal class actions where the true in 'The situation in our firm has remained propor- tionately the same,' says Sylvie Rodrigue. introduce one's partners to litigation clients " says Lowenstein. is an extremely significant marketing and cross-selling opportunity, property department has figured in the drug-pat- enting process or where a firm's intellectual plinary teams is an important element for defendants seeking class action counsel, class Because the availability of cross-disci- to reap the most from the class action phe- nomenon are likely the ones that best imple- ment the team concept. Clients are no doubt applauding. LT fairs are important components in a lawsuit. The upshot is that the firms that stand knowledge of a client's af- solicitor's in-depth actions also create op- portunities for lawyers to showcase other special- ists in the firm. "It' PAGE 15 A Noticeable Difference ™ TORONTO I BARRIE I HAMILTON I 1-888-909-2904 I www.mcleishorlando.com Untitled-3 1 www.lawtimesnews.com 12-04-30 4:35 PM

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