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CBA Futures Recommendations & Action Suggestions: CBA Futures Report Recommendation #1 – Building CBA Membership By increasing the relevancy and value of the CBA and taking specific recruitment and retention action, the CBA must raise the total membership annually as a percentage of the overall population of lawyers so that by the year 2015, 90% of Canadian lawyers will be satisfied members of the CBA. The ultimate goal is to reach 100% participation. To meet this goal, we propose the following additional actions: Poll members, non-members, and potential new entrants to develop a better understanding of why lawyers do or do not join the CBA Analyze the factors that influence membership including: cost direct benefits specific programs and servic es mission, mandate, and image of the CBA competing associations social or networking opportunities peer acceptance or pressure recruitment initiatives retention initiatives other factors Develop an enhanced professional, long-term campaign to recruit and retain members, including special campaigns for selected demographic or practice groupings and law students Identify reciprocal membership arrangements with potential partners or allies Create special membership categories for large firms Examine customized membership arrangements with selected or restricted services Examine the concept of memberships sponsored by third parties or individuals Consider the separation of public interest programs and activities into a charitable trust that would be funded by voluntary, tax-deductible contributions Examine the tax deductibility of selected volunteer contributions of time or in-kind services Tie CBA membership activities directly to CBA “branding” activities. Recommendation #2 – Enhancing and Segmenting Core Programs and Services The CBA must develop the programs and services that various member segments require, and deliver them in a targeted, timely and cost-effective manner, using the individual member’s preferred delivery mechanism. To this recommendation, we add the following suggestions: Regularly survey members on their specific needs for programs and services Poll members on the relative importance of various programs and services, their willingness to pay fees beyond their basic membership fee, their preferred method of delivery, and any issues of timing or location Assess which programs and services are core and which should be optional or dependent on sufficient demand Determine which programs and services may require segmented delivery because of the diversity of the membership Customize the content, marketing and delivery of segmented programs and services with the advice of a representative group from the segment concerned (Branch, Conference, Section, demographic group, practice area, practice model, etc.) Where necessary, establish separate budgets, specialized staff and technical support systems for creating and delivering segmented programs and services Monitor the marketplace for competing programs and services, and alter program and service design accordingly Investigate and implement state-of-the-art technology, where feasible, for service delivery Introduce point of delivery evaluation tools for members for specific programs and services Market outside programs and services (e.g. insurance, financial services, bank loyalty cards, car rentals, travel packages) to members where there is sufficient interest, real potential savings to the members and additional benefits for the CBA. Recommendation #3 – Promoting Equity and Accommodating Differences The CBA must assess member differences, including those related to gender, age and racial background, to determine if they necessitate shifts in CBA policy, advocacy, programming, governance, organization, communications or membership recruitment action, and via the segmentation of programs and services, develop and deliver such programs and services in ways that best accommodate the need. To accomplish this, the CBA should: Re-visit the recommendations of the 1993 Touchstones for Change and 1999 Racial Equality in the Canadian Legal Profession reports and, where necessary, update their research, analysis and recommendations Identify barriers for specific groups to entry and/or progression in the legal profession in Canada Identify barriers to partic ular groups to participation within the CBA Review current planning, management and governance structures to ensure that they address any barriers to participation in the CBA and accommodate the diversity of members’ views and expectations Advocate for the recognition of differences, the promotion of equity and diversity and the introduction of accommodation practices (e.g. flextime, part-time work, family-related leave, accommodation of religious practices) in the CBA, the legal profession and the judiciary Support different segments of the CBA membership in developing networks, advocacy positions and special programs and services within the CBA Develop mechanisms to encourage discussion between special segments of the membership and the general membership, and to resolve any issues of discriminatory behaviour or inequity Study the current availability and promote the provision of culturally appropriate legal services in Canada. Recommendation #4 – Integrated Organizational Structure The CBA, its Branches, constituent groups and related organizations must seek to operate in a way that is cohesive, representative, integrated and responsive, and that appears to be “seamless” from the outside, while maximizing the benefits of collaboration on management, planning, and programs and services for members. In support of this recommendation, we propose the following actions: Survey component organizations to determine real or perceived barriers to integration Identify opportunities for common or shared systems, processes, programs and services Develop new mechanisms to “democratize” the governance process, including an examination of the Board of Directors and Council structure and the process for electing officers and other decision-makers Synchronize planning processes, advocacy agendas and communications and marketing strategies, where possible Cooperate and act jointly with the Branches and constituent groups vis-àvis external legal organizations, potential partners and allies Examine the allocation of human and financial resources between organizations Introduce transparent reporting mechanisms across the whole organization Develop coordination mechanisms such as inter-organizational advisory groups, task forces and consolidated Board committees Organize Branch/National staff meetings and project teams Clarify expectations, roles, responsibilities and processes for inter-organizational consultations Consult regularly with the component organizations on key decisions and their impact on members and other stakeholders. Recommendation #5 – Law Practice Economics The CBA must undertake initiatives that assist CBA members to derive economic value from a career in law. This would maximize the return on investment of law firms, individual lawyers and private and public organizations employing legal counsel. It would assist lawyers in their efforts to survive and prosper in the legal marketplace. This would be best achieved by: Enhancing the capacity of the CBA to research and develop tools, resources, information and advocacy on issues affecting the business and practice of law. This might take the form of a new CBA Department on Emerging Professional Issues (the EPICentre). At the macro-economic level, the CBA should consider the following: Take all actions necessary to reduce or eliminate competition for legal work from unregulated professional or para-legal organizations Institute an accreditation process for legal specialties Advocate for fair economic returns for legal aid work Enhance economic returns by building value into the CBA brand (see section 4.2.2 on “Branding”) Enhance the image of lawyers and the profession to improve lawyer/client relationships and build demand for legal services (see section 4.2.3 on “Image”) Examine alternative pricing arrangements to “billable hours,” and assess their potential acceptance by legal consumers Research legal consumer preferences for “unbundling” of services Research the phenomenon and the impact of “self-lawyering” Promote new areas of legal work by building on the CBA’s international reputation Introduce risk management and futures theory into legal profession forecasting and planning exercises Facilitate Branch/National marketing efforts on behalf of the profession Examine the impact of alternative buyer arrangements like legal services insurance Assess the impact of Alternative Dispute Resolution (ADR) and other new techniques on the legal profession. At the micro-economic level, the CBA should consider the following: Undertake research and development of law practice tools Promote the application of technology to more and more areas of the practice of law Conduct periodic surveys of comparative compensation levels for legal professionals and staff Provide research, tools and information on ways to create work and family life balance Research legal service delivery models for hard-to-reach segments of the population, including rural and remote centers Facilitate bulk buying of goods and services (such as insurance, computer time, car rentals, travel agency fees, airline tickets, banking) Develop a national referral network for firms and advisory boards Provide information and networking opportunities to accommodate diversity within firms Develop leadership, mentoring and firm management programs for the profession Research and promote assistance to firms with employee relations and human resource management issues. Recommendation #6 – Creating a Centre of Expertise and Information on the Legal Profession in Canada The CBA must establish a highly-qualified professional centre of expertise and information on the legal profession in Canada whose objective would be to become the pre-eminent and authoritative source of information and expertise on all aspects of the legal profession in Canada, including how it is organized, demographic data, volumes and types of work, and comparators to other professions nationally and internationally. To do so, the CBA should: Establish a dedicated centre called the “Legal Profession Research Institute” mandated to become the central focus for the collection, analysis and distribution of all data related to the structure, composition and operations of the legal profession in Canada Direct the Institute to collect both quantitative and qualitative information Make the Institute accessible through the Branches, and involve the Branches and CBA partner organizations (for example, CBIA) in the creation of its research and data collection program Provide input from particular sub-groups within the CBA membership to ensure that the Institute includes sufficient segmentation of research and analysis in its operational planning Investigate the potential for making information available to non-CBA members for a fee, and also providing fee-based specialized activities for CBA members Create a cle aringhouse function for non-Institute information for members and the public Use the Institute to develop information on competition to the legal profession Create expertise on the quality assessment of non-Institute information, especially information from the Internet Assist Branches, Conferences, Sections, members, partners and allies in the development of surveys and other consultative mechanisms Use the Institute to advise Statistics Canada on census planning Release key information and trends identified by the Institute to the media and the public. Recommendation #7 – From Communications to Dialogue The CBA must maximize the level of dialogue between the CBA and its members, engage members more directly in the CBA, and increase connectedness through the use of state-of-the-art communications technology. This will require the CBA to alter the CBA communications process from one-way to two-way, from passive to active and engaged, from periodic to continuous, and from wholesale to targeted. This different approach will be aided greatly by the use of the Internet and emerging technologies – for example, supplementing the printed word with live audio and video streaming. In-person or electronic focus groups or chat rooms will allow more opportunity to provide input to programs and to provide feedback on their content and relevance. Actions for CBA consideration include: Conduct a comprehensive survey of the communications needs, preferences and habits of CBA members Customize communications tools to specific segments of the membership and to individual members Review current communications instruments and their effectiveness in delivering intended messages Develop an umbrella communications advisory team for the CBA and its Branches Create common or linked communications interfaces for the CBA and its Branches, including websites and information “hot lines” Find alternative communications mechanisms to replace blanket e-mails Conduct regular two-way communications with members throughout the year, either electronically or in focus groups Conduct regular surveys of members on-line and in focus groups to determine whether messages are being received Introduce two-way communications technology to Annual and Mid- Winter meetings, CLE programs, and Council and Board meetings, to allow greater participation of members. Recommendation #8 - Branding The CBA must create a new brand, or develop the existing one, to ensure that the essence of the CBA is captured, and to allow for distinctiveness of specific CBA groups, while distinguishing the CBA unmistakably from all competitors and bringing maximum benefits to its members and partners. Branding is a specialized field of endeavour with its own body of knowledge, standards and best practices. As a first step, the CBA should: Retain the services of a professional branding firm to assist in the development of a comprehensive branding strategy. In developing that strategy, the CBA (and its branding experts) should: Work with the Branches and key partner organizations (e.g. CBIA, CBAF) to develop a brand that unifies the total organization but that also allows the Branches to be distinguishable from the National CBA Create a new CBA visual image through a revised logo design Create a new substantive image through the determination and description of the “essence” of the organization and a planned advertising and communications campaign conveying that message Develop a memorable and meaningful slogan or tag line Develop a co-branding program with CBA Branches, partner organizations and business associates Ensure that the CBA brand is identified in connection with all programs, services, products, activities and support services Build quality standards into any branded or co-branded product or service Develop the concept of the “CBA lawyer” as immediately identifiable and distinguishable from the “non-CBA lawyer” Develop the link between the brand, the organization and the member Promote the values of the organization through the “CBA lawyer” (good people, civil, ethical, charitable, community-minded, knowledgeable) Frequently test brand recognition and the associated values the brand conveys to various audiences Recognize the diversity of the CBA “family” and develop techniques to allow segmented branding, while still supporting the overall brand and strategy Use repetition through every CBA activity, program, service and product to ingrain brand recognition. Recommendation #9 – Improving the Image of Lawyers The CBA must elevate the relationship of the legal profession with the public, levels of public trust in the profession, and the image of the profession and members of the CBA. Again, developing an improved image is a specialized field of knowledge. We recommend that the CBA: Engage a professional team of public affairs consultants to help develop the strategy and manage the process of image enhancement. Working with the consulting team, the CBA must also: Develop a solid research base on the perceptions of the public and their reasons for those perceptions Test the reasons provided to determine their accuracy and, if inaccurate, why perceptions have been tainted Accept valid criticisms and develop a multi-level approach to addressing them, including programs to change behaviours and attitudes of lawyers Examine inaccurate perceptions (for example, where the problems may stem from the legal system or a misunderstanding of the role of lawyers) and create a communications strategy to remedy them Create a “truth and reconciliation” task force of lawyers and non-lawyers to solicit and evaluate the validity of concerns about the image of lawyers and to propose remedies to counter negative perceptions Provide increased education to the media and the public, including courses and Law Day events in elementary and secondary schools Provide “good news” stories on lawyers’ achievements, including volunteer work in the communities, pro bono work, advocacy on behalf of clients, the legal system, the independence of the judiciary, and human rights initiatives Use the CBA “brand” to identify the “CBA lawyer” as a “good apple” – civil, ethical, community-minded, fair, knowledgeable, accessible, charitable, altruistic Conduct an ongoing advertising and marketing campaign to promote a positive image of the profession and the “CBA lawyer” Exercise public sanctions against members who negatively affect the image of the profession Engage CBA Branches, Sections, Conferences and Committees, as well as outside legal organizations, in a concerted effort to improve the image of lawyers Work with law schools to develop and teach courses on ethics and acceptable standards of behaviour for the profession. Recommendation #10 – Partnerships and Alliances The CBA must develop its strength, cohesiveness and distinctiveness to a point where it will attract other legal organizations under its umbrella, or have lawyers join the CBA to the exclusion of other legal organizations. In preparation for potential partnerships and alliances, we recommend that the CBA: Study the plans, operations, programs, services and impacts of competing or complementary legal organizations Assess the degree of loyalty of members to these organizations Determine the level of cross-memberships of CBA lawyers in these organizations Identify potential benefits of collaboratio n with specific organizations, including shared services arrangements and administrative joint ventures Examine the potential impact of collaborative arrangements, partnerships and alliances on the public image of the profession and on the individual identities of the partners Identify the potential benefits of partnerships and alliances to specific groups, including groups within the CBA who may wish to become more independent Where possible, develop formal agreements with other organizations which outline specific roles, and seek means to eliminate harmful competition and overlapping programs and services Develop more integrated governance, planning and operational models, including the use of consortia, advisory councils, shared service agreements and staff interchanges Publicize partnership, alliance and collaborative work to members and the public to demonstrate benefits to stakeholders and the public interest. Recommendation #11 – Futures Planning The CBA must develop a culture of effective futures planning and risk assessment, both vis-à-vis the profession and the CBA itself. To do so, the CBA should: Include futures analysis and risk assessment in all CBA planning processes Ensure that input from the Centre of Expertise on the Legal Profession is included in ongoing futures planning by the CBA. The future of the profession: Osgoode Law School Class of 2006