The Circuit: Precedent Setter Awards 2015

What: Precedent Setter Awards 2015
Where: Spin Toronto, 461 King St. W.
When: June 9, 2015

Last week, more than 150 lawyers and guests gathered to recognize this year’s Precedent Setter Award winners. Held at downtown ping-pong bar Spin Toronto (the same place where we held this year’s photo shoot), our annual event brought guests together to mingle and meet our winners, who, in their first 10 years of practice, are at the top of their game.

During the evening, Melissa Kluger, publisher and editor of Precedent, presented the winners with their award. This year, we decided to put a spin (no pun intended) on traditional awards and presented each winner with a ping-pong paddle featuring their photo from the magazine.

We’d like to extend a big thank-you to our presenting sponsor RainMaker Group and our event sponsors Laurel Hill Advisory Group, Alexa Translations, Flex Legal Network and the Project Gallery.

Congratulations once again to all our winners:

Aida Shahbazi

Aida Shahbazi
Senior Counsel, BMO Financial Group
Read Aida’s profile

Patric Senson

Patric Senson
Associate, Phillips Gill LLP
Read Patric’s profile

Omo Akintan

Omo Akintan
Counsel, City of Toronto
Read Omo’s profile








Paul Jonathan Saguil

Paul Jonathan Saguil
Counsel, TD Bank Financial Group
Read Paul’s profile

Jason Woycheshyn

Jason Woycheshyn
Partner, Bennett Jones LLP
Read Jason’s profile

Lisa Feldstein

Lisa Feldstein
Founder, Lisa Feldstein Law Office
Read Lisa’s profile








Event photography by Yvonne Bambrick

Winners’ portraits by Jaime Hogge

Precedent Setter Awards 2015: Aida Shahbazi

Aida Shahbazi

Senior counsel, BMO Financial Group
Called to the bar in 2009
Law school: Osgoode Hall

Scarcely two years after joining BMO’s law group, Aida Shahbazi found herself seconded to a five-person team leading an internal branding transformation meant to reach the bank’s 46,000 employees. It was a tall assignment, one that drew less on Shahbazi’s legal skills than her grasp of marketing and social media. “It was interesting to take off the legal hat,” says the 33-year-old, who grew up in Windsor, Ont.

Shahbazi joined BMO in 2012 as a securities lawyer after a stint at McCarthy Tétrault LLP. Soon she made her way onto teams dealing with investor relations, social media governance and other marketingrelated projects. The bank then recognized Shahbazi with an award reserved for the top two percent of its employees. And, in May, BMO named her the Canadian regulatory liaison between Canada’s financial regulator and the bank. “It’s a stretch opportunity,” she says. “Every ounce of ability that I have, I need to bring to this job. It’s a role where there’s almost no margin for error.”

Aida ShahbaziSince she was 18, Shahbazi has been an energetic fundraiser for the United Way. Her work began when the charity placed her on the board of a non-profit in Windsor that advocates for seniors and people with disabilities. In 2013, she came up with a three-year plan to increase United Way donations from Toronto associates at large Bay Street firms, who were lagging behind partners. Shahbazi recruited 30 associates from those firms and trained them to spearhead more effective fundraising drives at their offices. Her work helped reverse a downward trend in donations from associates.

Shahbazi’s desire to help others is rooted in the deep gratitude she has for the friends and mentors who, over the years, have supported her career. “The opportunities I’ve received in my life have made me what I am today,” she reflects. “It’s important to me that others have that opportunity.”





Don’t forget to read about our other amazing winners.



Photography by Jaime Hogge; Hair and makeup by Shawna Lee; Shot on location at Spin Toronto

Making It Work: How Bindu Cudjoe does it

Bindu Cudjoe

BMO Deputy General Counsel and Chief Administrative Officer
Year of call: 2001

On a drab Toronto day in a meeting room at Bank of Montreal’s Bay Street head office, Bindu Cudjoe zips in, grabs a seat and infuses the space with a disarming blend of warmth and high energy. Even her well-cut sheath dress is a zingy shade of blood orange. Named deputy general counsel and chief administrative officer for BMO in November 2014, she is hitting the gas at work. “This is a new role, and when you’re leading people, it’s important to be there with them. I have a ton of people who count on me and I have a lot of meetings,” she says. “When you’re in-house, you have to demonstrate value by being connected.” And for Cudjoe, all of that face-time comes naturally. She’s a true “people” person.

The 40-year-old takes the GO train from Oakville every day, where she has a house full of kids, ages 10, eight and six. Her husband’s practice as a criminal defence lawyer is as time-intensive as hers — up to 60 hours a week. She’s also a director at the Federation of Asian Canadian Lawyers and the chair of the local public school council where her children attend. So how does she do it all? She doesn’t try to do it all. “Everything has a season,” she says. Right now, it’s time to kill it at work, nurture relationships and family, and pepper the pot with leisure travel. “I’m not as fit as I could be, and that’s alright,” she says. She doesn’t beat herself up for not pumping iron or running marathons.

In our digital, virtual world, Cudjoe prioritizes spending time with people. If she gets invited to coffee by junior colleagues, or even people she’s only interviewed, she always goes. Lunch dates are spent with friends. Meetings take up much of her workday, so she catches up on reading and paperwork during her commute. She and her husband take an annual couples vacation, often to Cuba. “It’s important to have a strong marriage, and it’s important to give yourselves quiet time together,” she says. At home, her kids have been clamouring for a swimming pool. But they’re not getting one. “Instead we’ve gone to Ghana — where my husband has family — India, the cottage, San Francisco.” Indeed, for Cudjoe, it’s always the season to seek out that elusive thing — quality time.

Bindu CudjoeThe lowdown

Start time: 8:30 a.m.
End time: 6 or 7 p.m.
Weekly hours: About 60
Former jobs: Partner at McMillan LLP and adjunct professor at Osgoode Hall
Sanity-saving domestic weapon: Her mom and dad relocated from her hometown of Calgary after her eldest was born, and they get a salary to look after the kids. “It’s a serious role, and I want them to be compensated. Plus, my mom ran a home daycare”
Prioritizes: Sleep. “I get about seven hours. Less than that, I feel it”
Lunch: Food court in the PATH, with pals. “It gets progressively less healthy as the week goes on. But it’s apples and granola if I can’t get out of the office”

This story is part of The Precedent guide to getting it all done, from our Spring 2015 issue.



Photography by Daniel Ehrenworth

Why is diversity so hard to achieve?

Despite the verbiage dedicated to the lack of diversity in the law — particularly in private practice — the statistics remain bleak. In Ontario, 50 percent of law grads are women, yet women make up only 35 percent of lawyers in private practice and 20 percent of partners. And these numbers, collected by the Law Society of Upper Canada, have held steady over the last 6 years

That lack of progress emerged as a central theme last night at a panel on diversity in the legal world hosted by Bank of Montreal. 

One key problem is that lawyers find it difficult to recognize their own biases, said Kate Broer, a partner at Dentons and chair of the firm’s Canadian diversity committee. 

Lawyers often believe that, because of their legal education, they are “objective and fair,” she said. They falsely think they are immune from holding prejudicial views. Too many lawyers, as a result, unknowingly favour people of the same gender and cultural background. 

Dentons, as a result, puts lawyers through “implicit bias” tests, so lawyers can see, in scientific terms, that they do not respond to every group of people in the same way. 

But that’s only the first step, said Broer. Once people know they are prejudicial, they have to fight the impulses they’ve relied on their entire life. 

And that takes time. “I have biases,” said Broer. “If I go to an event and it’s a room full of women, I instantly feel more comfortable because we share common characteristics and I know how the culture works.” 

To build a truly diverse workforce, then, lawyers need to hire people with whom they might not immediately get along, she said. It’s a concept, she acknowledges, that flies in the face of traditional hiring practices, where an employee’s supposed “fit” is so important. 

“You have to work harder to connect with someone who doesn’t look like you, or doesn’t have the same background as you,” she said. 

But there is a persuasive reason to make that extra effort, said Simon Fish, general counsel at BMO. A diverse workforce is more creative and innovative, which, in turn, bolsters the bottom line. 

“It’s as simple as that,” he said. “If it’s important for us, then it’s important for the firms that support us. We want their best talent. We want their best ideas. And we want their best services.” 

Which is why, last year, BMO asked firms to measure and report diversity statistics to the bank. Then they use those numbers to help decide which firms to hire.  

That incentive has made a difference. Last year, only 34 percent of firms replied — and this year, 97 percent reported their diversity numbers. 

The panel, by and large, agreed that attitudes are shifting — even if statistics are not. 

And while discussing the same topic ad nauseam can be frustrating, repetition is the only way to undercut deeply embedded biases, said John Mountain, senior vice president of legal at NEI Investments. 

“If you say to people in your workplace that [diversity] is important to us, the first time, they might not believe it,” said Mountain. “And the second time they might not believe it, but the third time they hear it, they may believe it.”

We ask six big industry players — How do we make law a well-oiled machine?

The players

Les Viner, Anne Sonnen, Peter Lukasiewicz, Kevin Coon, Lisa Borsook, Brian Hilbers


Daniel Fish of Precedent Magazine

Meet your moderator
Our panellists had the answers, but one man had all the questions: Daniel Fish, Precedent’s discerning news editor, led the roundtable discussion. Read his editor’s notes below as he guides us through an idea-rich dialogue about how to make law’s future a bright one.


The future of national firms

Daniel: Do you think a young lawyer starting out now could build a national firm in his or her lifetime?

Peter: In the sense of a full-service model, I think that’s unlikely. One of the issues facing our profession is that there are too many lawyers chasing too little work — particularly in the large firms.

Anne: I think it would have to be a law firm based on a different business model. It might have a relationship with an offshore company — who’s going to do due diligence and e-discovery — and a bunch of contract or salaried lawyers. [Ed. note: A few innovative start-ups have already given these strategies a try, with some success. But will they replace big firms altogether?]

Daniel: Since the 2008 recession, firms have had to survive a tight economy with fewer deals. How will that continue to affect the legal industry?

Les Viner of Torys

Les Viner, managing partner, Torys LLP

Les: In the law profession, the definition of quality has changed to include cost. If quality means outstanding work and service, it has to be at the right price as well.

Anne: At BMO, we tell our firms all the time: ‘We have a productivity initiative to reduce legal spend and we will meet it.’ And we already are.

Kevin: We, on the firm side, need to drive down costs because clients want to increase efficiency and drive down costs as well. Take document review: should that be done by a third-year lawyer sitting in Toronto at $250 an hour when it could be done by an outsourcing service out of India, Manila or Ireland at $50 an hour? [Ed. note: While Baker & McKenzie sends legal work overseas, Torys will soon insource work to an office in Halifax. Find out the pros and cons of each approach.]

Peter: Since 2008, the large law firms have all gotten smaller as we’ve embraced the need to get leaner and be more efficient. For the first time, we are seriously embracing technology that can improve how we deliver services. And one of the outcomes of that is we don’t need as many people as we thought we needed. [Ed note: In fact, Gowlings uses a software program called GhostDraft that helps lawyers write legal agreements faster.]

Diversity in the profession

Daniel: Lisa, as an executive partner — and one of the first female managing partners at a mid-size Toronto law firm — what were things like for women when you started to practice law?

Lisa: I worked in a hospitable environment. But on the client side, perhaps, they were less open to the idea of being counselled by a woman than by the men I worked with.

I remember a closing I did in 1986. I had prepared all the documents and we met over the course of five days to hammer out the details. I played an integral role on the legal team. But at the same time, I was still expected to make photocopies and get everybody coffee.

Daniel: And now?

Lisa Borsook of WeirFoulds

Lisa Borsook, executive partner, WeirFoulds LLP

Lisa: Things have changed dramatically, but we have so far to go. I mean, the statistics on the number of women who leave private practice is a little daunting. [Ed. note: In Ontario, women make up only 35 percent of lawyers in private practice and 20 percent of partners.]

Daniel: Are you optimistic that the percentage of female partners will rise in the future?

Lisa: I am optimistic. I will say, though: the demands on partners, both women and men, are extraordinary. I’m concerned about how the profession will tackle those challenges. People don’t want to work 24/7 for 30 years. I can see why, if I was a young person, the prospect of spending 10 years working a lot of hours to make partner might not be as desirable as other professions.

Daniel: So what can firms do to make a career in law more attractive?

Lisa: At WeirFoulds, we have substantive conversations about these issues. I have open conversations with my female associates about how to juggle the demands they’ll have in their career and in their home life.

Daniel: And what will encourage firms to increase the number of women in leading roles at law firms?

Anne: In Canada, we are the first financial institution to ask our firms to release diversity statistics to us — and many of them have agreed to, so kudos to our firms. It’s better for our shareholders — we make more money and better decisions when we have diverse teams. So we expect diversity from our firms. [Ed. note: BMO demands five key statistics from firms. Find out what they are.]

Kevin: What Anne’s indicated is what we’re all seeing: companies around the globe — the United States in particular — want to work with firms that reflect the way they look in terms of diversity. This is taking off.

Brian Hilbers of Bruce Power

Brian Hilbers, chief legal officer, Bruce Power

Brian: Diversity is very important at Bruce Power. We have diversity targets, which we’ve actually exceeded. And we’ve gone to our major law firms and explained where we are on our diversity targets and what we’re looking for.

Anne: Here’s another thing we’ve done: we select our relationship managers for a lot of our firms. This is our go-to person if there’s an issue. Firms used to say, ‘I’m giving you X.’ Now, we say, ‘No thanks. We want to interview two or three people and here’s what we want them to look like.’ [Ed. note: Bank of Montreal asks a lot of its firms. But the bank gives a lot, too — it published its own diversity numbers (and targets) to the public. For instance, we know that 30 percent of the bank’s executives are women and BMO wants to increase that to 40 percent by 2016.]

Daniel: In that case, firms need female associates to advance at the pace of their male counterparts. Otherwise clients won’t have any women to choose from. How can firms accomplish that?

Lisa: Well, we no longer judge lawyers against colleagues in their same year of call. We now have a totally different system. We create benchmarks of accomplishment in each practice area. As long as they are continuing to move forward, length doesn’t matter. As long as they are progressing, we consider them to be a capable colleague.

Daniel: So even if associates fall behind the rest of their year of call — say, to have a child, or to take care of a sick parent — they’re still advancing, rather than being forced out of the firm.

Lisa: Absolutely.

Les: You’re able to match people’s aspirations at different phases of their life to suitable roles in the firm. And, hopefully, you end up with less attrition. Which is good for clients: they like seeing people they like for long periods of time. They don’t like turnover.

Heenan Blaikie and the future of partnerships

Daniel: Let’s talk about Heenan Blaikie. When that firm collapsed earlier this year, did that make you think more critically about your own businesses?

Peter Lukasiewicz of Gowlings

Peter Lukasiewicz, managing partner, external, Gowling Lafleur Henderson LLP

Peter: Candidly, I think succession was an issue at Heenan. We’ve all learned lessons from Heenan, and the lesson for me is the importance of leadership and building a culture within the firm that defines the direction of the business. It’s part of the larger change in law firms: we’re running businesses that are as large as companies on the TSX. And we are learning how to run those large businesses. [Ed. note: Two years before the meltdown, founding partner Roy Heenan stepped down as chairman and didn’t appoint a replacement, leaving the managing partners in Toronto and Montreal to jockey for authority.]

Anne: I don’t know any of the details about Heenan, but we continue to hear more rumbling of this sort of thing at other firms and that, if Canadian firms do not continue to innovate, there won’t be many left: they’ll be gobbled up by the larger international firms. [Ed. note: And innovation can come in many forms — even just learning how to use existing technology better.]

Daniel: So, what will partnerships look like in the future?

Les: Many lawyers live in a very binary world: are you an associate or are you a partner? That’s very unsophisticated. We’ve abandoned the so-called up-or-out model, where after so many years you’re a partner, or not a partner and you leave. Now, we want to create customized roles.

Peter: As much as it pains me to say, the accounting firms figured this out a long time ago. If you go into most accounting firms, they’ve got half a dozen levels of employees with a number of different forks in the road. We’ve got to be just as creative when managing employees. 

Kevin Coon of Baker & McKenzie

Kevin Coon, managing partner, Canada, Baker & McKenzie LLP

Kevin: Since the dissolution of Heenan Blaikie, many lawyers seem nervous about becoming equity partners. Some job applicants — not from Heenan, but other firms — have said, ‘I don’t have any problem not being a partner, because I don’t want to put any equity at risk.’ Before Heenan fell, I’d never heard that issue expressed.

Daniel: As law firms try to be more creative, does that change the kind of students and young lawyers you want to hire?

Kevin: I’m really conflicted. The Law Society tells us we have an obligation to participate in the on-campus interview process — a significant commitment for firms. But if we pulled out of that process, we wouldn’t have a problem finding top legal talent. We get applicants from around the world. And, quite frankly, many of those students are the ones that we’re attracted to. They have a global outlook. Maybe they’ve spent a summer at a bank in Zurich. Soon, I think some of the historical big firms are going to pull out of the system.

Les: We need a much more sophisticated talent- management paradigm. And the starting point is: you can’t have 17-minute interviews to hire your talent. That’s a total crapshoot.

The death of the billable hour

Daniel: As clients continue to demand lower costs, will firms start to move away from the billable hour?

Anne: Yes! Our goal is to move all of our external spend off the billable hour rate. We have whole teams that will not open a file with a firm if it’s on the billable hour.

Les: We are prepared to embrace fixed-fee pricing, but it’s a lot of work. The firm and the client have to invest a lot of time together to get it right. So, to me, the barrier is accepting that there will be mistakes made along the way.

Anne Sonnen of BMO Financial Group

Anne Sonnen, deputy general counsel,
BMO Financial Group

Anne: It is a long and hard journey. We spend hours with folks at the table figuring out how to do it.

Peter: You’re not going to always get it right. But if you have a sufficient number of fixedfee arrangements, there will be some winners and some losers. Overall, it will balance out. And that’s what you’re trying to do: manage the legal spend and deliver predictability. I expect in less than 10 years, it will be the norm. Look, [Peter points out the window at a nearby skyscraper] if you can build that building on a fixed price, why can’t you deliver legal services on a fixed-price basis?

Lisa: I think the genie is out of the bottle here. There’s not much point in debating whether or not the change that’s occurred in the legal industry in the past 15 years is something we can reverse. [Ed. note: On the other hand, perhaps the debate still has some life: at least one lawyer was willing to admit the billable hour will keep breathing in the coming years.]

Daniel: Is there resistance, though?

Kevin: Daniel, there is resistance. But the reaction from Anne is indicative of what all law firms must react to. We’re cognizant of what our clients want: predictability, quality and lower costs. Those of us who don’t respond will be left as dinosaurs.

Brian: What we’ve looked at in certain circumstances is value-based billing, where, if we’re successful, then I’m willing to pay for that success.

Daniel: If you’re charging based on value, you’re almost shifting unpredictability onto the firm.

Brian: Yes, you’re right. But from my perspective we should both sink or we should both swim together.

Illustration by Raymond Biesinger; Photography by Margaret Mulligan

The five diversity stats BMO demands from firms

Law firms that want to work for Bank of Montreal better have their answers ready — last year, for the first time, BMO started to demand diversity numbers from potential firms. If a firm posts low numbers, it might lose the file to a more diverse firm.

At first, BMO only wanted to know how many women and visible minorities work at each firm, says Anne Sonnen, deputy general counsel at BMO. But, since then, the bank has ramped up its demands. Now, it asks for stats in three more categories: people with disabilities, sexual orientation and aboriginals.

Plus, BMO wants people from those groups to occupy all levels of the firm, including positions of authority. Sonnen says she wants just as much diversity in the associate ranks as she does on the management committee.

Swiss army knifeAll this might seem new, but Canada is just playing catch-up. In fact, American firms collect and share diversity numbers all the time. And that encourages law firms in the United States to hire more women and minorities — a trend BMO hopes to kick-start in Canada. “Numbers matter,” says Sonnen. “What you measure is what changes.” 

Sonnen had plenty more to say about diversity in our roundtable on how to make law better.

Photography by Margaret MulliganIcon by Isabel Foo