CHALLENGES STRA TEGIES C ASE STUDIES JOB DES CRIPTIONS
G L O S S A RY O F
J O B D E S C R I P T I O N S
for the Corporate Legal Department
800.870.8367 roberthalflegal.com
Table of Contents
From the Chairman . . . .inside front cover
The Importance of Job Descriptions . . . .2
About the Glossary . . . .3
Job Descriptions . . . .3
Sample Organizational Charts . . . .14
Hiring Strategies . . . .17
Achieving Diversity . . . .18
Legal Certifications . . . .18
Challenges for Small Corporate Legal Departments . . . .19
Strategic Use of Project Teams . . . .19
About Robert Half Legal . . . .20
About the Association of Corporate Counsel . . . .21
From the Chairman
Dear Colleague:
Corporate legal departments are concerned with meeting various compliance requirements stemming from Canadian corporate governance regulations. They are doing more work in-house, expanding their legal teams and creating new positions to handle matters pertaining to corpo-rate governance, privacy and information security. Consequently, staff recruitment and retention remains a top priority for legal departments. Having access to the latest job descriptions is essential for both employers and potential candi-dates. Companies must effectively recruit people with the appropriate skills and experience while job seekers need to better understand the qualifications required for each position in order to intelligently plan their careers.
Robert Half Legal, in conjunction with the Association of Corporate Counsel, is pleased to offer the Glossary of Job Descriptions for the Corporate Legal Department. It includes an overview of typical skills, educational backgrounds and duties for numerous corporate legal department positions.
Through our network of offices in North America, Robert Half Legal can assist you with your full-time, temporary and project staffing needs. For more informa-tion on the services and resources we offer to clients and candidates, please visit our website at www.roberthalflegal.com.
Sincerely,
Max Messmer Chairman and CEO
About the Glossary
The Glossary of Job Descriptions for the Corporate Legal Department covers a variety of legal positions in Canada. Information in this booklet was derived from the thousands of full-time, temporary and project placements made through Robert Half Legal, and the market knowledge of our recruiting and staffing professionals.
While the Glossary provides an overview of typical responsibilities and skill require-ments, descriptions will vary based on the size of the legal department, its industry and other factors. For more information or to request a copy of our annual Salary Guide, which contains average starting salary ranges for lawyers, paralegal and legal support positions, please call (800) 870-8367 to contact our office nearest you.
Job Descriptions
General Counsel
The general counsel (GC) is the head of the corporate legal department and is responsible for the legal affairs of the entire corporation. The GC provides legal counsel to the board of directors, chairman of the board, chief executive officer and other senior management. The GC typically holds additional positions and responsibilities within the corporate structure, such as chief legal officer, vice president or corporate secretary. Since the passage of Bill 198, the general counsel is expanding his or her role to include greater risk management tasks, such as identifying potential areas of weakness and making recommendations for improvement. In many corporate legal departments, and especially smaller ones, the GC is often responsible for duties typically performed by chief compliance, privacy and security officers if these positions have not yet been created.
General counsel must possess strong initiative as well as excellent management, teamwork, delegation and problem-solving skills. A Bachelor of Laws (LLB) is required. The amount of experience required for the position may vary depending on company size: Large legal departments of public companies (those employing 50 or more legal professionals) prefer candidates with 15 to 20 years of experience, while small startup companies may find that five or more years of relevant experience is adequate. Companies seek candidates who also possess experience in a major law firm or corporate legal department where they have held positions of advancing responsibility, such as associate general counsel or partner. Many employers want candidates with experience representing public companies, including familiarity with periodic reporting, Bill 198 and corporate governance mandates.
Typical duties include:
• Advising the company and senior management on a broad range of provincial regulatory and compliance matters, including identifying areas of risk and making suggestions for improvement
• Managing outside counsel and developing strategy for litigation and regulatory proceedings
The Importance of Job Descriptions
Job descriptions help employers identify the essential skills and experience necessary for each position within their organizations. They also make the resume screening, interview and selection stages more efficient. By clearly defining the requirements for a job opening, hiring managers can better determine the best person for the role. A well-written job description also enables the employee to understand the expectations of the organization. Candidates for an open position can compare their capabilities with those needed to be successful in the role. Those whose application materials closely address the needs of prospective employers have a better chance of making it through the initial review process.
An accurate job description:
• Establishes the framework for defining the job and analyzing appropriate hiring criteria
• Gives candidates a clear idea of what to expect and helps to deter those who are unqualified for the job from applying
• Helps the hiring manager decide on a competitive pay range, based on market value for the responsibilities of the position
• Serves as a tool for setting expectations and establishing objective measures for performance appraisals
• Provides a preliminary idea of how easy or difficult it will be to find someone to fill the opening
The following categories represent a basic template of what a typical job description might include and the specific information it should convey:
Position title – The full title of the job and, if possible, the title of the person to
whom the candidate will report.
General description – Two to three sentences outlining the overall responsibilities
of the position.
Educational requirements – Any type of degree, licensing, certification or training
a candidate must have in order to be eligible for the position.
Skills and attributes – The hiring criteria that will be used to evaluate candidates,
such as skills, experience, knowledge or traits required to perform the job.
Typical duties – The specific tasks the applicant will be asked to carry out on a
daily basis.
The more time and attention spent developing an accurate and detailed job description, the more likely the process will produce positive results.
Corporations require a strong knowledge of federal and provincial government regulatory, ethics and compliance-related issues. Candidates should have strong com-munication, collaborative, analytical and strategic skills. Depending on company size, CCOs typically have at least 10 years of experience in either a major law firm or corporate law department. Many organizations also prefer applicants with demonstrated experience in compliance with Bill 198 legislation. Candidates should have held positions of progressive responsibility within a law firm or corporate legal department, such as law firm partner or associate general counsel.
Typical duties include:
• Developing and communicating policies and procedures for the company’s standard of legal and ethical conduct
• Providing reports on a regular basis to keep the board and senior management informed of the progress and status of the compliance program, and advising them of new developments in ethics and regulatory compliance
• Coordinating with the human resources department to develop an effective compliance training program, including appropriate introductory training for new employees and ongoing training for existing staff
• Instituting a standard reporting mechanism within the company for the reporting of compliance issues for investigation and resolution, including confidentiality measures for reporting employees and reporting of violations to outside authorities as appropriate or required
• Monitoring possible areas of compliance risk and implementing corrective action plans for the resolution of current and potential problems
Chief Privacy Officer
Chief privacy officers (CPOs) are responsible for developing and enforcing the privacy policies and procedures of the organization, including compliance with any provincial or federal privacy laws. CPOs often work closely with the chief compli-ance officer and chief security officer and, depending on the company, may report to the general counsel or chief executive officer.
Chief privacy officers must have strong communication, analytical and management skills. A Bachelor of Laws (LLB) is required. CPOs typically have at least eight to 10 years of experience in either a major law firm or a corporate law department dealing with privacy issues. Depending on the industry, experience with Personal Information Protection and Electronics Document Act (PIPEDA), electronic commerce or employee monitoring may be desirable. Chief privacy officers are required to have strong knowledge of consumer protection laws and information privacy best practices. Candidates for CPO should have held positions of increas-ing responsibility within a corporate legal department or law firm, such as associate general counsel or partner.
• Developing an in-house organization of legal professionals to provide legal assistance to the company
• Negotiating and drafting transactional documents for the company
• Planning the company’s strategy for handling government affairs and lobbying efforts
Deputy General Counsel
The deputy general counsel (deputy GC) is the principal assistant to the head of the corporate legal department and is responsible for the administrative or legal affairs of the corporation that are delegated by the overseeing general counsel. Typically, the deputy GC position is found only in large companies and public agencies. Deputy GCs must possess strong initiative as well as excellent management, team-work, delegation and problem-solving abilities. A Bachelor of Laws (LLB) is required. The amount of experience required for the deputy GC position may vary with company size: Large public companies prefer candidates with 15 or more years of experience, while smaller companies may require less experience. Companies require candidates who possess experience in a major law firm or corporate legal department where they have held positions of advancing responsibility. Many employers seek experience representing public companies, including familiarity with periodic reporting, Bill 198 compliance and corporate governance mandates.
Typical duties include:
• Assisting the head of the corporate legal department with administrative or legal matters, including the planning, organizing and managing of work activities assigned to staff lawyers by the general counsel
• Developing or assisting in the development of budget recommendations for the organization
• Managing outside counsel to represent the organization in important litigation before courts and administrative tribunals, including preparing or reviewing the preparation of briefs and other court documents
• Preparing, reviewing and negotiating company contracts, requests for proposals and other legal documents
Chief Compliance Officer/Chief Governance Officer
The chief compliance officer (CCO), also known as chief governance officer (CGO), is responsible for the company’s compliance with government regulations. In the wake of Bill 198, many companies have added this position to their organizations. Public companies are much more likely to include a CCO within their legal departments, but this title may appear more frequently within private companies as they face greater ethics and corporate governance concerns. A chief compliance officer also is generally responsible for developing a code of ethics and serving as ethics officer to the organization. The CCO works closely with the general counsel. In heavily regulated industries, the chief compliance officer may also report to the chief executive officer or chief operations officer.
Associate General Counsel
The associate general counsel (associate GC), who also may be known as associate corporate counsel, provides a wide range of legal services and advice to the company. Depending on the organization, the associate GC may be responsible for managing its affairs within a particular area of law, such as litigation, contracts or securities regulation. The associate GC also may be responsible for managing outside counsel in litigation and mediation. He or she works closely with general counsel, senior management, outside legal counsel and employees at all levels. Candidates should possess strong leadership, analytical, verbal and written communication skills. A Bachelor of Laws (LLB) is required.
Depending on the size and structure of the corporate legal department, this position generally requires more than 10 years of experience in a law firm or corporate legal department. Employers often require candidates to have a background in transactions, intellectual property, labour, real estate and securities laws. Companies may request experience in compliance and corporate governance issues. Public companies may require demonstrated experience with Bill 198 legislation or industry-specific gov-ernment regulation is also preferred by many companies.
Typical duties include:
• Consulting with management, commercial advisors, tax experts, accountants and marketing staff
• Meeting with clients
• Coordinating and managing outside counsel and litigation
• Negotiating and drafting contractual agreements, such as real estate leases, and advising on employment matters
• Overseeing compliance and corporate governance issues
• Keeping informed of industry-specific regulations and ensuring that appropriate risk management strategies are in place
Assistant General Counsel
The assistant general counsel (assistant GC) title sometimes is used interchangeably with the associate general counsel title. In corporate legal departments that are struc-tured to include associate general counsel, the assistant GC generally reports to that person. In other corporate legal department structures, the assistant general counsel may be under the supervision of the general counsel or deputy general counsel. The job description, attributes, educational requirements and duties of the assistant GC are generally the same as those for the associate general counsel. Depending on the size and structure of the corporate legal department, seven or more years of experience is generally preferred.
Typical duties include:
• Evaluating existing privacy policies and procedures of the organization, and formulating new ones. Reviewing all system-related information security plans throughout the company’s network to ensure alignment with security and privacy practices
• Organizing and participating in a privacy oversight committee with the chief compliance officer and other relevant senior managers. Keeping informed about new developments in federal privacy laws and information privacy technologies
• Managing customer relations, privacy policies and procedures, and an appropriate inquiry and complaint process, including ensuring that the organization maintains the appropriate privacy and confidentiality consent forms (i.e., authorization forms and information notices)
• Providing initial privacy training and orientation to all employees, contractors, business partners and other appropriate persons
• Ensuring compliance with privacy policies. The CPO also must ensure that there are consistent consequences for failure to comply with privacy policies for all individuals within the organization
Chief Security Officer
Chief security officers (CSOs) are responsible for both physical and digital security at the organization. They frequently interact with the chief privacy officer and report to the head of the corporate legal department or other senior executives. Many companies require a Bachelor of Laws (LLB) for this position. Chief security officers must have strong leadership, technological, analytical and communication skills. This position generally requires eight to 10 years of experience in the information technology department of a corporation or experience in the intellectual property law department of a major law firm. Companies prefer candidates with a back-ground in computer science and an understanding of information technology and security. CSOs should have experience with business continuity planning, loss pre-vention, fraud prevention and privacy. Experience in auditing and risk management also is preferred.
Typical duties include:
• Developing an organization-wide security plan, including the identification of risks and protection goals
• Managing a group of internal security professionals and outside vendors to protect the organization’s intellectual property and computer systems, as well as its employees, visitors and physical property
• Implementing security procedures to safeguard confidential data. The job also requires maintaining relationships with government agencies, investigating and documenting any breaches and instituting a system of standard reporting, review and discipline
• Monitoring the effectiveness of the organization’s security plan, including con-tacting outside consultants to conduct independent audits
Junior Counsel or Lawyer(1-3 years of experience)
The job description, attributes, educational requirements and duties of staff lawyer are generally the same as those for associate counsel. Staff lawyer need less experience, typically one to three years in a law firm or other corporate legal department. Counsel or Lawyer
The educational requirements for a first-year lawyer are generally the same as those for the junior counsel; however, job duties for this position may consist of research and analysis of law, preparation of briefs, and strategy development. Employers typically hire those with one to two years of experience in a law firm for this position. In addition to having a law degree, candidates often possess a degree in engineering or computer science, or have a background in intellectual property or a patent bar licence.
Contract Administrators/Contract Managers
Contract administrators or contract managers typically provide proposal preparations, negotiations, drafting and all phases of contract administration. This position typically reports to the associate general counsel, or is typically overseen by interme-diate or senior in-house counsel depending on the size of the corporation. This position often communicates with external parties. Most contract administrators typically possess a bachelor’s degree in business or law; however, it is not necessarily imperative for the role. Many candidates engage in mediation or negotiation skills workshop training prior to or in conjunction with obtaining hands-on experience. Employers generally prefer a minimum of five to seven years of work experience for a contract administrator role and 12-15 years for a contract manager position. Contract administrators should have strong oral and written communication skills in addition to strong business acumen and solid negotiation skills. In addition, the ability to problem solve on potentially complex matters is fundamental in an effort to meet the company’s business needs and mitigate financial and legal risks. An element of creativity regarding problem solving is often valued by employers. Extensive knowledge of commercial and government contract and legal principles as well as intellectual property and regulatory compliance is critical to the role.
Typical duties include:
• Drafting and negotiating contracts
• Coordinating and reviewing of contractual terms and conditions with legal/counsel, corporate staff, and business unit executive staff
• Coordinating with product teams, functional organizations, and external customers
• Leading proposal efforts
• Developing forms and templates for business initiatives
• Managing several other contract administrators while in contract manager position
Typical duties include:
• Consulting with management, commercial advisors, tax experts, accountants and marketing staff
• Meeting with clients
• Coordinating and managing outside counsel and litigation
• Negotiating and drafting contractual agreements, such as real estate leases, and advising on employment matters
• Overseeing compliance and corporate governance issues
• Keeping informed of industry-specific regulations and ensuring that appropriate risk management strategies are in place
Associate Counsel
Associate counsel are licenced lawyers who provide research, advice and other legal assistance to the general counsel and other senior lawyers in the corporate legal department. They also may provide counsel to management within the company and coordinate with outside legal counsel. Associate counsel often specialize in either litigation or transactional operations within the corporate legal department. Large or industry-specific legal departments may have divisions devoted to particular areas of law, such as environmental, real estate, intellectual property or government reg-ulatory law. Associate counsel must have a Bachelor of Laws (LLB) and be a member of the bar association. Excellent analytical, communication, diplomatic, research and writing skills also are required. Employers may require prior experience of five to nine years in a law firm or another corporate legal department, depending on the level of the position offered. Undergraduate degrees in engineering or computer science may be preferred for work in certain practice areas such as patent law.
Typical duties include:
• Developing the organization’s policies on industry-specific issues, corporate governance or regulatory affairs
• Researching and analyzing the law on complex issues and writing a brief for submission to a supervising lawyer or executive of the organization
• Appearing in a court of law, arbitration or other judicial tribunal on behalf of the company and presenting well-reasoned arguments to the judicial body
• Analyzing and summarizing complicated legal documents including contracts; making suggestions for alterations of those documents
• Negotiating with outside parties on contractual issues and legal disputes, includ-ing settlement conferences
• Anticipating and mitigating potential legal problems within the organization and developing strategies to avoid costly litigation and reduce potential areas of risk
Paralegal (1-3 years of experience)
Responsible for extensive document review and organization. Produces transcript summaries and prepares documents for discovery. Performs data entry and other support functions during trial preparation, including document coding and imaging. Candidates must understand legal concepts, terminology, principles and procedures. Experience in one or more specialized practice areas is a plus.
Legal Secretary
Legal secretaries provide a wide array of communication and legal document support. They work under the supervision of lawyers and paralegals and often communicate with outside parties. For senior positions, companies may require five to seven years of working as a legal secretary in a law firm or corporate legal department. Employers prefer candidates with at least some post-secondary education and extensive knowledge of software applications, word processing, spreadsheets and database management. Many candidates attend colleges that offer legal assistants diplomas; however, this more often than not, is not a requirement. Legal secretaries must have excellent written and oral communication skills. They should be technically savvy and pay strong attention to detail and time management. Employers also value good judgment, discretion, a proactive work ethic and well-developed interpersonal skills.
Typical duties include:
• Attending and taking notes at meetings and assisting lawyers in collecting legal and factual records
• Communicating with opposing counsel and other parties, clients, judicial administrative staff and vendors by telephone. Scheduling and making appoint-ments for multiple lawyers and other legal staff
• Preparing legal documents and updating transactional documents with the most recently negotiated language
• Transmitting legal correspondence to clients, witnesses and court officials by electronic filing, mail, fax or messenger
• Completing administrative forms such as time cards and expense reports, and tasks for supervising lawyers. Other duties include arranging travel plans, as well as organizing and maintaining case and correspondence files
Senior/Executive Legal Secretary(7+ years of experience)
In addition to handling duties for other legal secretarial positions, senior/executive legal secretaries also may interact with clients and assume a supervisory role by managing legal support teams or secretarial departments. This also includes over-seeing day-to-day workflow and scheduling, as well as monitoring evening and weekend support. Senior/executive legal secretaries often are responsible for hiring clerical and word processing personnel.
Law Clerk/Paralegal
Paralegals often directly support lawyers and may be required to supervise other legal staff, such as legal secretaries or file clerks. While in some jurisdictions paralegals may train on the job, they are increasingly required to attain degrees or certification from postsecondary paralegal education programs. Often, employers seek candidates with a bachelor’s degree and paralegal education. Paralegals must have computer and technical knowledge as well as strong analytical, communication and organizational skills. Larger companies generally prefer three to five years of prior clerking experience in a law firm or other corporate legal department. Employers may require previous clerical or administrative experience or demonstrated knowledge of particular computer software programs.
Typical duties include:
• Assisting lawyers in preparing for transactional closings, depositions, hearings and conferences. Completing many administrative tasks, including individual cases or transactions
• Investigating the factual evidence of a transaction or case and preparing exhibits, charts and diagrams to display information
• Obtaining due diligence materials such as corporate certificates of good standing, real estate and title information, and securities filings
• Organizing and tracking files of important transaction or case documents including corporate research, pleadings and voluminous discovery documents
• Preparing and drafting corporate minutes, required resolutions and consents
Senior Supervising Law Clerk (7+ years of experience)
Duties are similar to those detailed for other clerking positions but also include supervising discovery and litigation support teams, participating in evaluations and hiring decisions, and working closely with lawyers and clients on high-level matters. The position requires advanced knowledge of the law and legal procedures, along with superior leadership and management skills. Experience in a specific legal practice area is highly preferred.
Paralegal (4-6 years of experience)
Responsibilities encompass basic paralegal duties but also include advanced functions in support of lawyers and clients, particularly in litigation. Conducts extensive case research and prepares detailed reports and memoranda. Often handles technical aspects of case management. Advanced knowledge of concepts and procedures is also required.
Legal Secretary (3-6 years of experience)
The responsibilities of legal secretaries with three to six years of experience encompass basic secretarial duties. In addition, they should possess precise knowledge of court forms and filing procedures, as well as an understanding of one or more specific practice areas. They often maintain lawyer calendars and may be responsible for scheduling lawyer time and billing sheets. The ability to multitask and prioritize is critical, as the position may support up to five lawyers. Exceptional organizational skills and attention to detail are required.
Legal Secretary (1-2 years of experience)
Legal secretaries provide legal support for lawyers. They transcribe dictation, pro-duce letters and court documents, and coordinate mailings. The position requires exceptional computer skills, including knowledge of Microsoft Word and Corel WordPerfect, as well as legal calendaring software.
Administrative Assistant
Administrative assistants prepare various administrative documents and correspon-dence and oversee day-to-day office operations and administrative support activities. They may support the reception or secretarial positions as needed. Administrative assistants work directly with the legal support supervisor and must maintain a professional working relationship with time-pressured senior management and legal staff. Employers generally prefer previous work experience of two to five years. Administrative assistants must be detail-oriented and have excellent communication and organizational skills.
Typical duties include:
• Managing budgetary information and coordinating the ordering of office supplies and facility maintenance
• Preparing a variety of documents necessary for the administrative operations of the company such as time cards and expense reports, and fulfilling check requests
• Preparing, organizing and maintaining correspondence and administrative files
• Scheduling and coordinating meetings and conferences
• Providing relief reception or secretarial assistance such as answering incoming tele-phone calls and providing word processing, filing and document transmittal services
General Administrative
Legal Word Processor
Legal word processors transcribe notes and dictation from lawyers to produce correspondence, pleadings and other legal documents. They may report to the senior legal secretary and have the ability to type tables of authorities for lengthy briefs. The position requires outstanding typing skills (a minimum of 75 words per minute) and knowledge of word-processing applications, as well as presentation and spreadsheet software.
Document Coder
Document coders enter alphanumeric data into general database programs and specialized legal software applications. They must be able to prioritize and batch material for data entry and be capable of high-volume data entry (10,000 keystrokes per hour). Document coders often report to the senior law clerk and paralegal or legal secretary. The position requires knowledge of technical material and familiarity with legal concepts.
Office Clerk
Office clerks perform filing and clerical work for lawyers, law clerks and paralegals, legal secretaries and other legal staff. The position typically reports to the senior paralegal and requires excellent organizational skills and attention to detail, along with the ability to multitask and meet deadlines.
Legal Receptionist
Legal receptionists place, receive and route calls through a computerized switchboard. They may report to the senior legal secretary and are responsible for responding to requests from callers, relaying messages, and greeting clients and other visitors. Legal receptionists may be responsible for the receipt, logging and distribution of legal documents. The position requires typing and computer proficiency along with strong interpersonal skills.
Sample Organizational Charts
Board of Directors
Chairman & CEO
GC Employment GC Litigation GC Corporate Law GC Tax GC Real Estate Government Relations Associate GC Corporate Secretary Law Department Administrator
General Counsel CFO CommunicationsCorporate
VP Finance
Controller
Media Marketing
Real Estate Regulatory ManagementRisk Department Contract Administrator Lease Administrator Compliance Department
Large Legal Department
General Counsel
Deputy GC
Chief Compliance
Officer Chief Security Officer
Associate General Counsel Assistant General Counsel Associate Counsel Junior Counsel or Lawyer Paralegal Legal Secretary Administrative Assistant Chief Privacy Officer
General Counsel General Counsel General Counsel Contracts Administrator General Counsel Administrator Law Clerk/Paralegal Administrator
Small Legal Departments
(four examples)Hiring Strategies
A growing economy is resulting in business expansion for many companies and with it, increased work for corporate legal departments. Employers are focusing on recruiting legal professionals who can best support business development goals and advance into roles of greater challenge and responsibility. As corporate legal departments expand, many are working with both their internal human resources departments and external legal recruiters in order to attract and retain top legal talent. A company’s human resources department is often best at marketing the corporate culture of an organization to prospective employees. Such promotion is an inexpensive tool to improve an organization’s ability to attract the best candidates. Top candidates for legal positions should be given an opportunity to speak with employees who can provide insight into the organization’s positive work environment. An internal human resources department also can share the details of an organization’s benefits, while a managing lawyer can describe the company’s corporate governance and compliance track record – both of which can be of great concern to senior candidates.
However, even companies with separate human resources and recruiting departments may find that the services of an outside recruiting agency can be pivotal in locating the right professional for a particular position. Depending on the employment envi-ronment, a job posting may bring either a flood or a mere trickle of applicants. In either case, the services of a responsible recruiting agency may prove invaluable for reviewing applicants or widening the pool of available candidates.
When corporate legal departments are faced with replacing the general counsel or another top supervisor in the legal department, utilizing both internal resources and external recruiters may be the most effective hiring approach. Senior executives often have extensive industry contacts from which to tap a legal department supervisor. Alternatively, external recruiters may provide access to a national or even international network of resources. Recruiters are more likely to know of proven leaders in a wide range of industries who may be seeking employment. With both internal and external recruiters working together, corporate legal departments have the best chance of finding the perfect match.
Junior Counsel
or Lawyer Junior Counsel or Lawyer Associate
Legal Certifications
The legal services market is experiencing a demand for certification of legal profes-sionals at all levels. Historically, only lawyers were required to meet certain standards of professionalism, such as completing a degree at a Canadian Bar Association-accredited law school, passing a standardized bar examination in order to become licensed to practice law within a particular jurisdiction, completing their articles of clerkship and participating in continuing legal education courses as licenced lawyers. Increasingly, however, the legal services industry has come to rely on legal professionals other than lawyers, especially paralegals whose role is expanding to include work on non-law matters. Consequently, the legal services market has been eager to implement certification measures in order to guarantee a minimum qualification standard for legal professionals who are not licenced lawyers.
Certifications for other legal professionals are becoming common as well. Some learning institutions and professional organizations are now offering a general legal professional, legal word processor, legal secretary or legal manager certificate. Like those for lawyers and paralegals, these certification programs are intended to provide a certain standard of knowledge, education and experience in their respective profes-sions. Today, certification for a majority of these legal positions remains voluntary in most jurisdictions. Ultimately, certification may become a state-regulated requirement. More information about certification programs for other legal professionals can be obtained from organizations such as the Canadian Association of Paralegals (www.caplegal.ca).
Achieving Diversity
Creating a diverse workforce has become a key goal for many corporate legal departments, both in their own hiring practices and when choosing outside counsel. Many companies have established organization-wide diversity hiring practices. As a result, in-house service providers and outside counsel legal teams also are mirroring these initiatives. In fact, some law firms are partnering with corporations to sponsor networking events and speaker and recruiting minority lawyers and offering scholarships to first-year law students.
Diversity should be a factor in making legal hires across the board. Doing so helps corporate law departments create a collaborative environment in which employees and clients can benefit from a variety of experience and backgrounds. Mentorship from a group of diverse senior managers is also an important recruit-ing and retention tool.
Many corporate legal departments realize that increasing diversity in their ranks is a good business practice. The more the legal field recognizes the benefits of diversity as a good business practice, the more it will increase throughout the industry.
Challenges for Small Corporate Legal Departments
Smaller corporate legal departments often have different needs than legal departments of larger public, private and nonprofit companies. In very small legal departments, general counsel may find themselves performing compliance, privacy, security and information functions that typically are handled by separate officers in larger organizations. In addition, general counsel in these settings usually do not have the same level of staff support as their counterparts in large legal departments.
Legal professionals in small departments often face an additional challenge. Because small departments may hire legal professionals with less experience, these professionals may not have the benefit of mentorship and apprenticeship. For these reasons, lawyers in small legal departments often find that membership in an industry organization, such as the Association of Corporate Counsel (ACC), provides much-needed benefits. For instance, ACC offers the New to In-house Network, giving lawyers and other legal professionals a place to pool resources and ask questions. They also publish a New to In-house Practice InfoPAK about the first years of practice as in-house counsel and host Corporate Counsel University, an annual educational event exclusive to in-house counsel. In addition, membership in a legal association such as ACC provides access to experienced corporate counsel who may be able to serve as a substitute mentor through informal programs such as the MemberToMember network.
Strategic Use of Project Teams
Increasingly, cost management considerations have led many corporate legal departments to augment the efforts of their full-time employees with professionals brought in on a project basis for spikes in caseloads. Project lawyers, law clerks and paralegals and other legal professionals brought in for limited periods provide law organizations with immediate access to practice area expertise or specific skills and ease the workloads of existing staff.
Corporate law departments typically bring on project teams for a particular case, such as a merger or large-scale litigation, or a single component of a case, such as discovery. When organizations require particular expertise, such as experience with Bill 198 legislation, outside legal professionals can provide much-needed experience, bolstering in-house knowledge. Other projects may include litigation support, real estate transactions, legal research or contracts review.
The benefits of staffing strategically in this manner include:
• Cost savings – The use of project legal specialists for a temporary increase in
workload allows law firms and corporate legal departments to better manage costs. These resources allow in-house legal professionals the time to perform valuable high-level management and oversee key projects.
• Quick access to specialized expertise – When projects arise that require a
particular skill-set, such as Bill 198 expertise, outside legal professionals are a useful resource. Experienced project professionals give law firms and corporate legal departments immediate access to specialized expertise, which is particularly helpful if those skills are not available within the organization.
• Staffing flexibility – The flexibility provided by utilizing a mix of full-time staff
and project professionals allows organizations to conserve their in-house resources for prioritized responsibilities while still meeting deadlines with quality product. In addition, the use of temporary help prevents overhiring for short-term increases in workload followed by reductions in staff when productivity levels return to normal.
• Candidate assessment – Project assignments give managers an opportunity to
assess the performance and talents of prospective new hires firsthand. Organizations that are in need of full-time assistance often will retain someone first on a project basis. This enables them to evaluate a candidate’s skills and expertise and determine if he or she is a strong match for the position before extending a full-time offer, thus helping to avoid costly hiring mistakes.
About Robert Half Legal
Located in major markets throughout the United States and Canada, Robert Half Legal is a leading provider of lawyers, law clerks and legal support professionals on a project and full-time basis. The company also offers project teams for initiatives including discovery and litigation. Through its industry expertise and diligence in meeting the needs of candidates and clients, Robert Half Legal has earned a reputa-tion within the legal community for outstanding service and professionalism. Robert Half Legal is well positioned to assist corporate legal departments with their project and full-time employment needs. Most of our account executives have first-hand knowledge of legal staffing issues, having worked extensively in the field. Their industry knowledge is invaluable when assisting clients with their unique human resources requirements and locating highly skilled professionals.
Our position as a leader in specialized legal staffing has led to national alliances, endorsements and agreements with respected professional organizations such as the Association of Corporate Counsel and the Association of Legal Administrators, and legal software firms such as Summation Legal Technologies.
Robert Half Legal is a business unit of Robert Half International Inc., the industry’s leading resource on hiring and employment trends. The company’s chairman and CEO, Max Messmer, is a former partner with O’Melveny and Myers LLP. Messmer is a widely published author and columnist on management and career-related topics whose Resumania®column is syndicated by Scripps-Howard News Service. His books include:
• The Fast Forward MBA in Hiring
• Motivating Employees For Dummies
• Human Resources Kit For Dummies
• Job Hunting For Dummies
• Managing Your Career For Dummies, 2nd Edition (all published by John Wiley & Sons, Inc.)
Robert Half Legal provides additional value-added services to its clients and candi-dates through the publication of national surveys of lawyers and ongoing research designed to identify emerging trends in hiring and employment in the legal field. We offer our clients complimentary publications, including our annual Salary Guide, Future Law Office white paper and advice booklets. For more information, please contact your local office by calling 800.870.8367 or visit our website at
www.roberthalflegal.com.
About the Association of Corporate Counsel
The Association of Corporate Counsel (ACC) is the in-house bar associationSM, serving the professional needs of attorneys who practice in the legal departments of corporations and other private sector organizations worldwide. The association promotes the common interests of its members, contributes to their continuing education, seeks to improve understanding of the role of in-house attorneys and encourages advancements in standards of corporate legal practice. Since its founding in 1982, the association has grown to 19,500 members in more than 55 countries who represent over 8,000 corporations. ACC has 47 chapters and 14 committees serving the membership. Its members represent 50 of the Fortune 50 companies and 99 of the Fortune 100 companies. Internationally, its members represent 42 of the Global 50 and 74 of the Global 100 companies. For more information, go towww.acca.com.
ACC is expanding its presence in Canada, beginning with an upcoming chapter in Ontario. For more information, please contact Robin Grossfeld at grossfeld@acca.com.
