Author:  Lori D. Brazier  CBA Law Practice Management Newsletter May 2003

This year’s Mid-Winter Conference of the CBA featured a new event: a panel discussion hosted by the Law Practice Management & Technology Section on delivering cross-border legal services. Panelists Terry Badour (Vice President and General Counsel for Fairmont Hotels & Resorts), Bill Rice (Managing Partner, Bennett Jones - Calgary) and Rob Seidel (Partner, Davis & Co. - Edmonton), not only made a compelling case for lawyers interested in developing an international practice, but also outlined effective strategies for developing or expanding any type of practice or practice area.

Do It for the Clients

The best way to branch out into a new area of practice or open an office in a new locale, noted Bill Rice, is to tie it to a client project or initiative and therefore reduce the risk of failure or slow start. A client that has just been awarded contracts in a new country is an opportunity to begin offering cross-border services. Another would be a client’s decision to target a new segment of the market. Assigning a few lawyers to learn as much as they can about the new area and communicating that initiative to the client will put the firm in a good position to receive new work from the client.

Rob Seidel agrees. “New opportunities exist within a firm’s client base," he observes. "One simply needs to pursue them. Talking to all clients regularly will unearth these opportunities. This should be standard operating procedure even if the firm is busy. You have to remain relevant to the clients." Ongoing dialogue is essential. The next step is to make contacts and to build a network – and then stay in touch regularly. Eventually someone will have a need.

Make a Real Difference

The starting point for growing or expanding a practice or practice area – cross-border or local – is to understand what drives the client’s business, notes Rob. He goes on to add that lawyers must never under-estimate the need to truly understand the objective of a transaction or a business initiative. Lawyers must have the ability to deliver what the business people need. Sometimes this goes beyond providing legal advice.

According to Terry Badour, corporations with small law departments need outside counsel to help coordinate a transaction. Law department resources are too stretched. Smart law firms will begin by asking clients what they could do for them in addition to what they are already doing.

Law firms that go the extra mile to put together a practice team aligned with client needs will reap the rewards. McCarthy Tétrault and the U.S. firm of Holland & Knight earn top marks in Fairmont’s eyes for their efforts to establish a coordinated hospitality practice that allows the two firms to work together with Fairmont on deals south of the border. Most of Fairmont’s growth is targeted outside Canada. Such an initiative can be customized to any situation. One example might be to offer to have a member of the firm make herself (or himself) available to an insurer or a credit union for one afternoon every week or every second week to provide general advice on site.

Talent Matters

“Get the best people", recommends Bill Rice. The success of a new or expanded practice will be directly proportional to the level of talent. The best people are required to establish credibility with new clients, or with existing clients in a new region, and to bring boundless energy and drive to the challenge of developing contacts and networking.

Good bench strength and the ability to absorb risk, especially risk to reputation, is crucial, notes Terry. Corporations still hire teams based on expertise. Assigning ground-breaking initiatives to under-performing lawyers or to those with no proven ability in business development will not work.

Leadership is Essential

Lastly, says Rob, every practice group needs a strong leader who is not only a talented, experienced lawyer, but also a good coach and able to guide younger lawyers.

Status Quo is Not an Option

Most firms today are operating at less than capacity. New work must be found to maintain, regain or improve historical profitability levels. Remember Rob’s words: talk to the clients to discover new needs, and to learn how the firm can be as relevant to them as possible.

Branching out into a new area – particularly a developing area like cross-border legal services – can be an invigorating experience for lawyers who have been practising for several years, notes Bill. This can be a viable option for partners who may be feeling a little burned out – provided they of course have the necessary expertise and business development skills to help grow a new practice.

The world is an ever-changing place. Fortune accompanies those who seek it.