AUGUST 16 , 2013 q
THE LAWYERS WEEKLY
25
Business & Careers
Poaching talent is a necessary practice
The best firms know exactly
how their lateral strategy will
play out, from the moment
they make the first approach.
Warren Smith
The Headhunter
uick: name the firm in your market
that, every month, seems to be raiding a competitor to add new talent to
their firm. Is it your firm? If not, why
not? While some firms are content to rely
on their student drafting as the basis for
their long-term success plan, poaching
talent in an increasingly competitive
legal landscape is viewed by many firms
as a necessary practice in continuing to
expand their overall brand. One of the
most common questions recruiters
inevitably field is, “What is it that those
firms are doing that lets them continue
to poach talent for their team?” Here’s
four key themes we see among the firms
that do it best.
Q
Warren Smith
The Counsel Network
including fully considering their target’s
potential issues, and they have contingency plans if the target gets cold feet midrecruitment
(a
common
occurrence) — they’re ready to receive them as a
partner the moment they initiate contact.
I recently placed a tax partner with a firm
which, despite being several months late to
his process, had a clearly defined system for
bringing in lateral talent. The candidate had
met all the key players including the local
and national managing partners within a
Create a welcoming environment
Equally important to landing lateral talent is getting them up and running quickly
Recruit, Page 26
City of Oshawa, located just a short, 30-minute drive from Toronto, is a progressive
city of 152,000 people and is the economic engine of the eastern Greater Toronto
Area. Our strategic pursuit of sustainable growth, excellent community service
delivery and co-operative partnerships have enhanced our quality of life advantage,
while maintaining a strong commitment to fiscal restraint.
Have a game plan
The best firms know exactly how their lateral strategy will play out, from the
moment they make the first approach. It
may sound simple, but simple is critical to
easing an otherwise stressful experience
for a lateral partner. In some cases, they
follow a clear checklist to ensure every step
is measured and managed to maximize
their chance of landing the lateral partner.
They have clearly researched their target,
few weeks, was presented with an offer, and
had a clear understanding of his role on the
team, the firm’s business plan, and the outlook for his group. He ended up signing
with the firm despite multiple earlier offers
from competing (and less organized) firms.
Lawyer
Reporting to the City Solicitor, the Lawyer provides and assists the City Solicitor in
providing legal services to City Council and its Committees and staff. Duties include
performing the functions of City Solicitor as required; acting as the City's legal counsel
in various Ontario Courts and administrative tribunals; providing written and verbal legal
opinions on a wide variety of issues including municipal, planning, licensing, real
property, contract, human rights and constitutional law; negotiating, drafting and
reviewing by-laws, contracts and other legal documents; representing the City’s interests
in real property transactions; assisting in the legal aspects of major building or
development projects; assisting external counsel retained by the City or, with the City
Solicitor, acting as co-counsel; and other duties as required. Periodic attendance at
Committee and Council meetings is required.
Please refer to the City of Oshawa website for further information and to determine if
you meet the qualifications of this position. Interested candidates are invited to provide
a resume with covering letter electronically no later than Friday, August 30, 2013, at
www.oshawa.ca (go to Inside City Hall and click Employment). Please note hard copies
of resumes will not be accepted.
We thank all applicants, but only those to be interviewed will be contacted.
YORK UNIVERSITY
is helping to shape the
global thinkers and
thinking that will define
tomorrow. York U’s
unwavering commitment
to excellence reflects
a rich diversity of
perspectives and a
strong sense of social
responsibility that sets
us apart. As a globally
recognized research
centre, York U’s 11
faculties and 28 research
centres are thinking
bigger, broader and more
globally, partnering with
288 leading universities
worldwide. York U’s
community is strong –
55,000 students, 7,000
faculty and staff, and more
than 250,000 alumni.
Osgoode Hall Law School of York University, Canada’s
largest English-language law school, is committed to
setting the standard for excellence in legal education
and legal scholarship. Our innovative teaching program
fosters a strong foundation in legal reasoning, diverse
perspectives on law, and an understanding of law’s
transformative role in promoting a just society. Osgoode
produces original and significant legal scholarship and
prepares its graduates for leadership and service within
the profession and beyond.
Executive Assistant
OFFICE OF THE DEAN,
OSGOODE HALL LAW SCHOOL
Providing a high level of confidential executive
administrative, operational and logistical support to
the Dean, you will be responsible for the day-to-day
management of the Office of the Dean. In this 1-year
contract, you will also play a leadership role in planning,
implementing and overseeing related initiatives, activities
and projects, ensuring the effective, efficient utilization of
staff and financial resources.
A degree (LLB or JD qualification strongly preferred) backs
your several years of experience providing executive or
senior administrative support in a large-scale or complex
operational environment involving multiple stakeholders.
You are a strong communicator, advisor and negotiator,
skilled in identifying horizontal and vertical linkages and
partnerships, synthesizing, analyzing and interpreting
complex information and policy documents, preparing
formal committee minutes, as well as drafting sensitive
correspondence and complex reports, planning and policy
documents and legislation. Knowledge of parliamentary
procedure and, preferably, legal concepts and curriculum
is essential. Proficiency in MS Word, Excel, Lotus Notes,
Quickplace, PowerPoint and databases is also required.
We offer comprehensive benefits and access to
superb educational and recreational facilities. For
full position details, visit www.yorku.ca/jobs. Please
respond, in confidence, with a resume, quoting the
job title in the subject line, by August 23, 2013,
to: Aneta Gasiorowska, Manager, Human Resources
& Administration, Osgoode Hall Law School,
York University, 4700 Keele Street, Toronto, ON
M3J 1P3. E-mail: [email protected].
yorku.ca/jobs
We thank all applicants; however, only those selected
for an interview will be contacted. York University is
committed to Employment Equity and encourages
applications from all qualified candidates.
We are an Equal Opportunity Employer in accordance with the Accessibility for Ontarians with
Disabilities Act, 2005 and the Ontario Human Rights Code. The City of Oshawa will provide
accommodations throughout the recruitment, selection and/or assessment process to applicants with
disabilities. Personal information provided is collected under the authority of The Municipal Freedom
of Information and Protection of Privacy Act.
www.oshawa.ca
Associate Counsel
Part Time (Flex Time)
POSITION OVERVIEW
We are seeking a business-minded corporate and commercial lawyer with a
relevant experience to join our team based in midtown Toronto. The position
will be responsible for a wide range of legal matters in support of the growth
of our broadcasting, digital publishing, and content creation businesses.
RESPONSIBILITIES
• Structure, draft and negotiate a high volume of agreements for licensing/acquisition,
production and distribution of television programs, rights acquisitions, digital media,
publishing and other intellectual property arrangements
• Structure, draft and negotiate a variety of third party agreements including those
relating to broadcast signal distribution, advertising sales, marketing and other
procurement
• be a key contributor to the strategy, structure and execution of corporate
development/M&A activity including oversight of outside attorneys utilized in deal
related documentation
• Provide counsel to all internal departments and functions on legal matters
• Search, management and registration related to trademarks and other trade names
• Administering day to day CRTC requirements associated with our regulated licensed
operations
• Managing the implementation and maintenance of a database of contracts and other
corporate administration and periodic filings
QUALIFICATIONS
• Minimum 5 years of experience gained through a combination of roles as in-house
counsel and practicing at a law firm, with meaningful exposure to the entertainment
and related industries.
• Hands-on experience in the media industry; particularly broadcast, production and
digital media segments.
• Working knowledge of relevant regulatory processes would also be an asset.
This is an excellent opportunity for results-oriented lawyer with strong interpersonal skills,
business acumen and interest in media to join an entrepreneurial company with significant
growth aspirations. As Associate Counsel you will be a key member of the organization.
If your experience reflects the above qualifications and skills, please forward a covering
email, and CV in word.doc format, to [email protected] by August 23st 2013
quoting “Associate Counsel” in the subject header line.
We thank all candidates for their submissions, but only those under consideration will be contacted.
We are an equal opportunity employer. Non-Canadian candidates must be eligible to work in Canada.
26
qAUGUST 16, 2013
THE LAWYERS WEEKLY
Business & Careers
‘Striving for excellence’ in law, and on stage
DONALEE MOULTON
or Kathleen Penny, Ebony
and Ivory doesn’t refer to a
No. 1 single by Paul McCartney
and Stevie Wonder. It is her
avocation.
The tax partner at Blake Cassels & Graydon LLP in Toronto
took third-place honours at the
ninth annual Washington International Piano Artists Competition, hosted by the French
Embassy in 2011. Penny’s win is
a reflection of her discipline — and her ability to set
herself free.
“Once a piece of music is really
learned and assimilated, the
goal is to let go and connect to
the emotional side,” she says.
“That’s been the most difficult
for me. It’s also what’s drawn me
most to [music].”
That attraction began with the
piano lessons Penny took as a
child. “Music has always been
there to some degree … but I
never wanted to perform. I was
too nervous.”
As an adult, she discovered to
the secret to controlling that
nervousness. “What you have to
do is practice performing. You
have to keep playing [a piece] for
people until it becomes ingrained.
But it’s extremely rewarding.”
Not to mention time consuming. Penny practises an hour a
day during the week and four to
five hours a day on weekends.
But that commitment needs to
be put into context. “I practice
as much as I can but there are
other things in my life that
come first.”
As a result, she says, “it means
there are other things I don’t do.
Profile
F
I was surprised at how easy it was for me as a
science student to do well in law school. It was
the analytical skills that mattered.
Kathleen Penny
Classical pianist and tax lawyer
NAME
Kathleen Penny
LAW SCHOOL
University of Toronto
CALLED TO THE BAR
1989
CAREER HIGHLIGHTS:
Penny
I don’t watch television. I don’t
garden.”
Penny does compete. In fact,
she usually takes part in one or
two amateur competitions a
year. At the international event
in Washington, which drew participants from Singapore, Moldova, Britain, Taiwan, Hong
Kong, Japan and Canada,
among other countries, there
were three successive rounds.
Over a three-day period, 24 contestants (all over the age of 31)
became 12 semi-finalists and
then six finalists.
An article in The Washington
Post said this of the amateur
pianist’s final performance.
“Penny offered Chopin’s Nocturne in C, Op. 48, No. 1, Denis
Gougeon’s Piano-Soleil and four
selections from Schumann’s
Fantasiestucke, Op. 12. Her
Chopin was skillfully weighted,
securing a delicate legato while
she clearly conveyed every
degree of rubato.”
Skill and flexibility are two
traits Penny also brings to her
vocation. As a science major, the
U of T undergraduate knew she
Prothonotary
Protonotaire
The Federal Court is seeking
applications from qualified barristers
or advocates of any provincial or
territorial Bar in good standing with
extensive professional experience
to be considered as candidates for a
pool of potential future prothonotary
positions in Ottawa, Montreal,
Toronto and Vancouver. Proficiency
in both official languages is
required for positions in Ottawa and
Montreal. For positions in Toronto
and Vancouver, although the sole
language requirement is proficiency
in English, a working knowledge
of French would be considered
an asset. Interested persons must
be willing to travel. Completed
documents, as specified in the
Selection Criteria, must be received
by September 26, 2013.
La Cour fédérale recherche des
candidatures d’avocats qualifiés qui
sont membres en règle du barreau d’une
province ou d’un territoire du Canada et
qui possèdent une grande expérience
professionnelle pour faire partie d’un
groupe de candidats à des postes
éventuels de protonotaire à Ottawa,
Montréal, Toronto et Vancouver. La
maîtrise des deux langues officielles est
exigée pour les postes qui seront offerts
à Ottawa et à Montréal. Pour les postes
de Toronto et de Vancouver, bien que la
seule exigence linguistique soit la maîtrise
de l’anglais, une connaissance pratique
du français serait considérée comme un
atout. Les personnes intéressées doivent
consentir à voyager. Les documents
remplis conformément aux exigences
des Critères de sélection doivent être
reçus d’ici le 26 septembre 2013.
www.fct-cf.gc.ca
613 943-5484
www.fct-cf.gc.ca
(613) 943-5484
did not want to spend her life
immersed in chemistry and physics. “I had to think hard about
what I wanted to do next. I didn’t
want to spend a lot of time alone
in a lab,” Penny says.
Her aunt, a lawyer, suggested
the legal profession, and the BSc
student explored the option by
reading an introductory text on
the subject. “It appealed to me,”
Penny says. In law school, she
discovered why. “I was surprised
at how easy it was for me as a
science student to do well in law
school. It was the analytical
skills that mattered.”
In her second year, Penny went
to work at Blakes for the summer where she met a partner in
the tax group who had also been
a mathematician and a music
practitioner. “I took to it right
away,” Penny says of tax law. “I
changed courses.”
Today, the U of T law grad is
involved primarily in domestic
and international corporate taxation, including mergers and acquisitions, corporate reorganizations,
financings and restructurings,
income funds, infrastructure projects, and pension fund investments. Cross-border financing
structures are a significant component of her practice, and Penny
is experienced with exchangeable
share structures and advising on
appropriate structures for inbound
and outbound investments.
The tax expert has an international client base that involves
her in transfer pricing matters,
including establishment of taxefficient structures for research
and development, compliance
with transfer-pricing documentation requirements and dispute
resolution. She also assists clients
with the resolution of Canadian
2010 Co-authored an article in
the International Tax Review titled
“Practical Difficulties Still Exist
when Non-Residents Dispose of
Canadian Shares”
2011 Chaired “Current Cases” at
the International Tax Seminar in
Toronto
2011 Won third place in the
Washington International Piano
Artists Competition
domestic tax audits and disputes
at all stages.
Practising law is music to her
ears. In fact, Penny says there are
significant parallels between her
passion for her vocation and her
avocation. “They’re both very analytical and thoughtful. Of course,
I’m striving for excellence in both
areas.”
Recruit: Lateral hires work best in down times
Continued from page 25
and successfully. Success begets success; if your
lateral transition experience is a positive one, lateral
partners quickly become evangelists within the firm
and in the market. All parties should recognize
there is a window where the lateral partner can
raise their brand presence with current and prospective clients shortly after arrival. The best lateral
partners I have worked with recognize this — they
seize upon their move as an opportunity to invigorate their client base, meeting with them to relate
the platform and services available to them at the
new firm. One partner I placed last year was so
focused on kick-starting his practice that he booked
himself solid for four months of breakfast and lunch
meetings with his current and prospective clients.
The net effect? He doubled his total practice size
within the first year of making a lateral move.
Understand laterals may be a delayed ROI
Notwithstanding the aforementioned example,
lateral partners more commonly require a buildout to achieve all parties’ intended level of success.
At a minimum, the transition period — typically,
four to six weeks to exit a firm, and an equal
amount of time to get up to speed at the new
firm — could represent a loss of one quarter’s
worth of productivity. Firms should recognize this
as a cost in wooing talent away from a competitor
firm. Part of the reason lateral partners seek guarantees in their first year is to help offset this potential loss of productivity. Firms who seek to transfer
this risk back to the lateral partner (by resisting
the guarantee) will largely restrict their recruitment efforts only to lawyers who are already
exploring options in the market, thus limiting
their ability to woo otherwise successful partners
in a functioning practice environment.
Down markets represent the best opportunity
Finally, perhaps one of the best kept secrets of a
down market is they represent the greatest opportunity to acquire exceptional talent. In a down
market, the truly successful partners often feel they
are carrying an even greater proportion of the
firm’s weight on their shoulders. Moreover, the firm
may be in a difficult financial position, meaning
there is less money to paper over the problems of
underperforming partners or institutional issues
that a firm may be struggling with. Well-managed
firms can put themselves into an even greater position of strength if they are prepared to move
quickly to acquire top talent in the down market.
Bottom line: success favours the prepared. Creating systems within your firm to maximize your success in lateral talent acquisition, combined with
recognizing when and how best to seize upon opportunities to land talent, can lead to even greater market dominance, no matter the economic climate.
Warren Smith is managing partner of The Counsel Network, and the first Canadian to be elected president of the
National Association of Legal Search Consultants. Follow
him on twitter @lawheadhunter.