Legal report: Bigger is better for labour and employment law boutiques - Page 3

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Written by  Judy Van Rhijn Posted Date: August 07, 2007
More depth and a broader talent pool give larger-than-average specialty firms an advantage in this area of the law.

All the boutiques know the importance of having proactive, long-term relationships with their clients. They are involved in strategic long-term planning, advising on the labour and employment implications of proposed strategies, as well as troubleshooting as events occur. “One of the things we do is partner with clients,” says Shamie. “We try to give them advice that is very practical. Clients don’t ask questions because they are interested in the law. They need answers to problems.”

A common source of work, beyond the word of mouth of people in trouble, comes from law firms that don’t have their own L & E department. “They know we won’t try to mow their lawn,” says Tremayne. “We can be their virtual in-house department.” He believes an informal system of networks works well. “Individual lawyers have their own links and relationships.”

Some firms have entered into more formal arrangements. Davies Ward Phillips & Vineberg LLP has chosen not to have a labour department and its partners often refer work to Hicks Morley. They, in turn, entered into a formal affiliation with Harris & Company in Vancouver, which has proved very successful since its inception a year ago. “They are our counterpart in B.C.,” says Shamie. “They do exactly what we do. It’s a very good fit.”

Harris concurs. “We only work in B.C., Alberta, and the Yukon, so it gives us a perspective on what’s happening in Eastern Canada.” A concrete example of inter-firm knowledge sharing occurred in June, when Shamie travelled to Vancouver to speak to 500 of Harris & Company’s clients about mandatory retirement.

“Ontario is two years ahead in the development of mandatory retirement than we are,” says Harris. “It was useful to hear from someone with more practical experience.” Harris & Company also belongs to the Employment Lawyers association (ELA), which provides them with referral opportunities in the U.S.

In line with the idea that bigger boutiques are better in this area of the law, most firms are aggressively interested in attracting good young lawyers. MacPhail believes the boutique structure gives an extra benefit in terms of work-life balance, an important recruiting asset. “Frankly, it gives us the opportunity to set in motion policies that attend to the work-life balance. New lawyers are our lifeblood, so we try and offer challenging professional work in a balanced environment that doesn’t sacrifice profitability.”

Management-side firms don’t always find it easy to attract the best and brightest. “There are not a large percentage who want to commit themselves to management-side labour law straight out of law school,” says Roy Filion, managing partner of Filion Wakely. “If they do, it’s often because their family background gives them a philosophical commitment to the challenges that management faces.”

When asked if his union-side firm has trouble attracting young lawyers, Pink says cheerfully, “Not any more. We have seven lawyers of three years’ experience and under. The practice attracts those who want to make a difference in ordinary people’s lives on a day-to-day basis, of which there is no shortage, thank heavens.”

While there may not be enough young lawyers to go around, there seems to be no shortage of clients. “It’s a beautiful thing, there’s enough work for everyone,” says Tremayne. “Business is steady. It doesn’t have peaks and valleys. Lawyers love this area and our size is ideal for clients big and small.”

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