Lexpert Magazine

September/October 2018

Lexpert magazine features articles and columns on developments in legal practice management, deals and lawsuits of interest in Canada, the law and business issues of interest to legal professionals and businesses that purchase legal services.

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56 LEXPERT MAGAZINE | SEPTEMBER / OCTOBER 2018 ally the style that goes on in transactions that I've seen." Collaboration is key when working on a deal, says Cohen. "is isn't about egos. A good team is where we all understand the end point, which is a successful transac- tion where our client is properly protected. Every transaction has risk — that's just the nature of business. And you're not going into a transaction to be in a situation where there is zero risk or zero issues, that just doesn't happen in the real world. I think the best transactions work where there's no turf war, where there isn't a misunder- standing as to approach." Alicia Quesnel, a partner at Burnet, Duckworth & Palmer LLP in Calgary, says she takes the lead from in-house counsel as to what the extent of her role will be as external counsel. "As you talk about what the scope of the retainer is, you get a sense of what they're going to do and what they want you to do. And that can actually change over the course of the transaction." Aer having done previous transactions with a company's deal team, the expecta- tions become clearer, says Quesnel, and the roles and the scope of what's needed become more obvious. Quesnel has taken part in deals in which in-house counsel initially plan to take a much more significant role but the project becomes too big for them to be both the point person and the subject-matter expert. When the leadership plan goes out the win- dow, "the best thing you can do for your cli- ents is to be flexible enough to respond to changing circumstances," she says. "And if you are not flexible, you probably won't get retained the next time another deal comes around. So it's whatever serves the client's best interests." Successful teamwork on a deal tends to be somewhat hierarchical, with a lead per- son and several subject-matter experts each working on a piece of the puzzle. Open lines of communication are key between the in-house lead and their external coun- sel, says Quesnel, "so you can nip things in the bud early rather than wait until it be- comes a problem." Depending on how fast the transaction is proceeding, there can be formal meetings, but if an issue arises that everyone needs to know about, a simple email works well. Every in-house counsel wants to know what's going on and does not want to be surprised. Oen in-house counsel wants to be the gatekeeper in terms of whom external counsel is dealing with from the commer- cial side, Quesnel says. She makes an ef- fort to keep them updated because "typi- cally they want to always know what's going on because the executive is going to be looking to them to answer questions at any given time. And they don't want to be in a position where they can't answer those questions." Leading with empathy When he first started managing people, Jeff Davis thought he had to teach them to do the same things that he does best. It took him about a year to realize that it was his job to bring out the best in people, "not to try to make them like me, but try to understand who they are and what their strengths are and what drives them and what makes them happy in work and try to draw on that." As Chief Legal Officer at Ontario Teachers' Pension Plan Board in Toronto for several years, Davis has worked on deals with external counsel in countries around the world. He said he's come to believe that the most important characteristic of the best deal team leaders is empathy. Don't try to make people think you're the smart- est person in the room, he says. Instead, "put yourself in that person's shoes, to un- derstand what they're trying to achieve, to understand what their strategy is, to under- stand when there are obstacles, how they might react to it, and to be able to try to anticipate how they will react to it. ink about a problem or a situation as it arises so that you can anticipate those problems and be able to address them proactively." ere's a widespread belief that vulner- ability should be equated with weakness, says Davis, but "vulnerability is not only the birthplace of trust but it also is the birthplace of innovation, creativity and change. It is how you find true happiness at work." Davis says the best teams have three core elements. First, they create a sense of be- longing and safety in which everybody has a place and a role. Second, they share vul- nerabilities with each other, which is nec- essary to create an environment of trust. And third is a shared purpose, the reason why you're doing this above and beyond getting the deal done. Davis describes this as an existential question. "Why are we all doing this? What is the meaning of my job? And you need to get to the core of that question and be able to talk about that and find that among the group." Once "you feel like you belong, that you're open enough that you can be your true authentic self, you can show your imperfections and be vulnerable in front of one another and you understand why you're all doing it — that to me is the recipe for the best teaming in the world." Davis has seen a lot of very competi- tive behaviour amongst lawyers who came from top law firms or governmental agen- cies. He has addressed the issue head-on, telling his team he would pay them more to be supportive and less if they were com- petitive with each other. "I'm not interest- ed in the person who has the best idea; I'm more interested in the person who shares ideas with other people on their team. I | IN-HOUSE ADVISOR: TEAM BUILDING | ALICIA QUESNEL BURNET, DUCKWORTH & PALMER LLP The best thing you can do for your clients is to be flexible enough to respond to changing circumstances. And if you are not flexible, you probably won't get retained the next time another deal comes around. So it's whatever serves the client's best interests

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