Law Times

Law Times • November 19, 2012 NEWS FMC merger in the works 2010: Merger with Deacons Australia Merger with Deacons Australia 2010: Norton Rose Group's recent growth spurts 2012: Merger with Macleod Dixon LLP Merger with Macleod Dixon LLP 2012: 2011: Merger with Ogilvy Renault LLP and South Africa' Deneys Reitz Ogilvy Renault LLP and South Africa's Deneys Reitz Merger with 2011: s Continued from page 1 Figure 1 Norton Rose mergers Steven Pfeiff er, outgoing chairman of Fulbright & Jaworski, says Norton Rose's Canadian presence was important in its decision to merge with the fi rm. "Th e quality of the fi rms there was a huge plus for us," he says, adding the merged fi rm will serve U.S. and Canadian cities with strong ties. "Houston and Calgary are practically twin cities. Toronto and New York on the East Coast are fi nancial centres. We're very excited about it. I wish I was 10 years younger. It' s going to be fun and I think it's going to serve our clients extremely well." able global partner and "quickly came to the conclu- sion that one of our best options for doing this was to fi nd the right international law fi rm for us to join forces with in order to create a really global elite legal service organization," says Kenneth Stewart, the U.S. fi rm' Fulbright & Jaworski was also looking for a suit- offi ces in Houston, Dallas, San Antonio, and Austin, Texas, Denver, Los Angeles, Minneapolis, New York, the Pittsburgh area, St. Louis, and Washington. Its six international locations include Beijing, Fulbright & Jaworski has almost 850 lawyers at s chairman-elect. London, Munich, Dubai, Riyadh, Saudi Arabia, and Hong Kong. Th e $600-million business serves cli- ents such as AT&T Inc., Yahoo Inc., Exxon Mobil Corp., and Research In Motion Ltd. News of the merger comes less than a week aſt er Washington- and London-based SNR Denton. During the last few years, Norton Rose has been a Fraser Milner Casgrain LLP announced its plans to form a three-way union with London' s Salans and big player in the movement towards the globalization of legal services. It has expanded its business to central Asia, Latin America, Russia, Australia, South Africa, North Africa, and Canada all in the last three years. Th e fi rm merged with Deacons Australia in 2010 and South Africa's Deneys Reitz in 2011. It entered the Latin American market through its Planned merger with Fulbright & Jaworski LLP Planned merger with Fulbright & Jaworski LLP 2013: union with Macleod Dixon, a Canadian fi rm that had a signifi cant presence there. Expansion to every part of the world is what it takes to please and retain clients like Bombardier Inc. "Ninety-eight per cent of our top line is outside of Canada," says Daniel Desjardins, senior vice presi- dent and general counsel at Bombardier. "If you want to be a fi rm that appeals to Bombar- dier, you have to have global reach. Canada for us is a small market. We're hardly a Canadian business." A U.S. footprint for Norton Rose is defi nitely a helpful addition, he notes. "It's an important market for us." Bombardier has previously worked with Ful- common vision and complementary practices, says Martyr, who calls the two fi rms "best friends." "Th e two and two may be fi ve or even six," he says of the sum of the two fi rm's capabilities. Fulbright & Jaworski and Norton Rose share a " says Desjardins. partners and clients." Like the FMC merger, Norton Rose Fulbright "It's going to be a rewarding experience for all our will follow a Swiss Verein structure that will see the two fi rms' fi nance and accounting matters remain separate. It' for years, says Steinberg. He notes the two fi rms will have "proportional" representation on Norton Rose Fulbright' s a convenient structure that has worked ners must vote for the merger in order to complete the deal, says Stewart, who notes he expects "we're overwhelmingly past that." FMC plans to conclude its vote on the merger LT At Fulbright & Jaworski, 75 per cent of the part- s global board. bright & Jaworski in the Middle East, where the fi rm has "a good name, 2013: PAGE 5 Former treasurer touts 3rd option for articling crisis F BY JULIUS MELNITZER For Law Times debate resumes this week. In a letter addressed to current Treasurer Th omas Conway and all benchers, MacKenzie, who currently practises at Heenan Blaikie LLP, expresses concern that an approach to the issue that "rightly enjoys widespread support in the profession" isn't one of the options off ered to Convocation. His option would continue to require applicants to article while increasing the number of articling positions through fi nan- cial incentives to students or employers, or both, if necessary. As MacKenzie sees it, this option isn't before Convocation because of a concern that it would be unfair to students unable to fi nd an articling position even if the number of positions in- creased. "Th is concern is legitimate but overstated, matic increase in the number of applicants who wish to practise law in Ontario is a problem that we neither created nor encour- aged. We should do all we can to accommodate the increasing numbers of applicants by making as many articling positions available as possible, but it would be a serious mistake for us to compromise our high standards of competence to do so. Th e options now before Convocation fi nd their origins in the " he writes. "Th e dra- " recommendation of a task force commissioned by LSUC. A majority on the task force suggests that licensing could be accomplished in two ways: by articling, a course expected to be pursued by a majority of students, or through an eight-month law practice program. Th e minority on the task force suggests that articling has run particularly disturbing. "I think we would be making a serious mistake if we were to do detailed reasons for consideration of an increase in the number of articling positions to be supported by fi nancial incentives. Confi dence that "articling is an eff ective transitional training " he said in an e-mail. In his lengthy missive to the benchers, MacKenzie provides ormer Law Society of Upper Canada treasurer Gavin MacKenzie has jumped into the articling controversy by criticizing the current options on the table and positing a new alternative for Convocation to consider when the its course and should be abolished and replaced by a two- or three-month transitional training program. MacKenzie fi nds the suggestion that articling be abolished away with articling as a requirement of admission to the Ontario bar, with Salans and SNR Denton on Nov. 28. Aſt er the merger, FMC and Salans will operate under the name Dentons. Th e new fi rm will have 2,500 law- yers. program, " MacKenzie observes, was expressed by lawyers in large and small fi rms, in large urban areas and rural communities, and in most if not all practice areas. As for the law practice program, MacKenzie isn't confi dent Husband prepared to go back to prison Continued from page 1 ordered him to retain the total net pro- ceeds from the sale of the property. Th e following April, Shecter moved for an order enabling her client to receive her cut of the proceeds. But the husband delayed the proceedings in order to give himself time to sort out capital gains is- sues and paid her $100,000 out of the net proceeds. He was to preserve another $310,000 pursuant to the Jan. 24 order. Th is past April, a court set out the sce- month, Nelson wrote that the ex-wife ap- peared in his court complaining that the husband had sold the property and dealt with the proceeds unilaterally in breach of a memorandum of understanding set out by the mediator. It was on Jan. 24, 2011, that the court nario for the capital gains tax calculation and ordered payment to the ex-wife by Sept. 1. Th e day before that deadline, the husband produced a statement indicating that all that remained in the account was $76,997. Shecter then brought a motion to fi nd the husband in contempt of the order. Oct. 10 complaining that the husband never did the capital gains calculation. Th e husband entered into a consent Shecter brought another motion on order on Oct. 10 agreeing to pay his ex- wife $154,000 that day. But the husband told the court he didn't reserve the funds. He never paid the amount. Th e original motion for contempt ond motion for breach of the consent or- der and non-payment and expects to re- turn to court in November or December. Determinations of contempt in such Th e husband still has to face the sec- came about on Oct. 15. It was accompa- nied by a second motion, this one in con- nection to the consent order. Two days later, Nelson ordered the husband to go to jail for 30 days. "In dealing with remedy, it must be point- ed out to the respondent that this motion is not between him and his wife, son. "He, by breaching the order, is showing contempt and disdain for the court. Th at is very serious and will not be tolerated. " wrote Nel- band "has done absolutely nothing to purge his contempt by making partial payment." "He was led out of the courtroom in handcuff s," says Shecter. In his decision, Nelson noted the hus- " rina says contempt is a "big stick" in litiga- tion used sparingly for the most obvious cases. In addition, judges will oſt en impose less severe sanctions when they make fi ndings of contempt. "Some judges will deal with the sen- cases are fairly rare. Seeing a family law litigant taken to jail is even more unusual. Family law practitioner Kristy Mau- that it will ensure competency among new lawyers. Indeed, he notes that even the majority recommending the program recog- nized that, given the lack of experience with the option anywhere in Canada or the United States, "there is a large degree of supposi- tion" in the analysis of its adequacy. LT jail term as a heſt y one but notes he un- derstands the decision. In order to main- tain the rules of the court, judges have to occasionally show their teeth and make it clear that they mean business, he says. "When the court makes an order, the only way they can maintain the integrity of a court order is to enforce it," says Maltz. "You have to enforce your own orders; otherwise, they have no meaning. Th e judge says, 'You're not listening buddy. Well, I'm going to make you listen.'" Th e husband, meanwhile, says he has tencing portion of contempt immediately when the fi nding is made while others will adjourn the sentencing hearing to a date in the future to allow the person an opportunity to purge their contempt," says Maurina. "Only in the most egregious cases come out of the experience jobless and di- agnosed with a heart ailment even as the issues remain unresolved. He maintains he wasn't able to preserve the assets from the sale of the building. He fi gures he has spent $80,000 on where complete disdain for the court has been shown will a judge order a term of imprisonment." Lawyer Murray Maltz describes the www.lawtimesnews.com lawyers and other costs and now has lim- ited prospects for work. He plans to go back to court representing himself. "I still have another court date. Th e LT opposing counsel is asking for more in- carceration. If I have to go back, I have to go back."

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