The Futures Report: Crystal Clear March 2006

The Futures Report:Crystal ClearMarch 2006 Focus Group Report (DRAFT)

The Project • A qualitative research study to gather comment on Crystal Clear • Designed to test overallreactions and obtain detailed comment on recommendations • The project included sixteen (16) focus groups • CBA Members (6) • CBA women members (3) • CBA young members (3) • Non members (4) • 8-10 participants per group • Mix of firm sizes, practice areas

Methodology • All participants recruited at random by the CBA • Everyone sent copies of Crystal Clear in advance • Common discussion guide • Participants were asked to rate the recommendations on three dimensions • Personal relevance • Appeal • Importance • And to note comments and then discuss them • A summary of representative comments is appended

Timing and Locations • Focus groups conducted from December to February • Vancouver -- women members • Calgary – young lawyers • Kitchener – non-members • Toronto – members, women members, non-members • Ottawa – members, non-members • Montreal – members, young lawyers • Halifax – members • Moncton -- members

Limitations • The results of qualitative research are not necessarily statistically representative of the larger population • The discussion varies from group to group as does the dynamic • Participants are not selected to precisely reflect population segments • Nevertheless, it tends to be directionally correct • There were many common themes heard in the various sessions

The Futures Report:Crystal Clear Overall Impressions

Overall Impressions • Most participants found the report quite comprehensive and ambitious • In general they found it well written and well organized • Virtually everyone agreed with the assessment of current trends within the profession • There was very little push back on any of the substance • Or more importantly, with the objectives • A number thought it would provoke discussion • They called it a good “starting point” and a “good way to get people involved” • The act of commissioning the report spoke well of the CBA • Indicated a commitment to improvement

Overall Impressions • However, there was a undercurrent of cynicism • A number said they’d heard and seen much of it before • “Why will it work this time?” • In general, there were four consistent criticisms: • The report was “overly ambitious” and “unrealistic” • Tried to be “all things to all people” • The recommendations tended not to lead towards concrete initiatives or immediate benefits • “What’s in it for me?” • Implementation would likely founder on ingrained culture in the profession • Attempts at implementation would strain resources and raise costs

Overall Impressions • The CBA’s role of national advocacy, both on behalf of the profession and substantively on national issues, was a theme that recurred throughout discussions • It was a “given” and a prism through which many evaluated the utility of the various recommendations • There was some comment that advocacy seemed not to be addressed as directly in the report as other issues • For some, it was the major, and a sufficient reason for membership • It is seen as a point of differentiation from Law Societies

Overall Impressions • A second theme that emerged regularly was CLE • It is seen as a “core” CBA function by many • However, there was recurrent discussion about its cost, and overlap with courses offered by the Law Societies and private sector alternatives • Large firm participants tended to see it as a service to others in the CBA because their firms tended to meet their needs internally • Some wondered whether the CBA should be working on much more substantive courses aimed at much more highly targeted sub sections and specialties

Segment Differences • All groups tended to respond in similar fashion. However, there were some notable points of emphasis: • Women: A number were disappointed that the report did not emphasize more the challenges facing women. • Young lawyers: Tended to focus on what they saw as a lack of concrete deliverables. They also tended to know least about the CBA • Non-members: Lapsed members tended to be impressed and to wonder whether they should take another look at the CBA • THIS MIGHT SUGGEST WIDER DISTRIBUTION TO LAPSED MEMBERS

Segment Differences • Though not a formal segment, some differences emerged based on relative income • Sole practitioners, members of small practices, government lawyers and younger lawyers tended to see CBA activities as expensive to get to and expensive to register for • This tended to focus them on the value of provincial branches and local associations • A number cited CBA meetings in vacation destinations as the kind of thing only wealthier lawyers and big firms could afford

Quebec • In the Montreal groups, the image of the CBA in Quebec tended to be rather negative • Especially among younger members • Tended to see it as “clubby” and dominated by older members from English Canada • There appears to be low visibility for the CBA in the universities and poor knowledge of what the CBA does

Non Members • Non members report a number of different reasons for a failure to join the CBA • Cost: • About a third – primarily sole source practitioners, seniors and public sector lawyers -- cite current fees as an obstacle • Some find the fees difficult to afford or justify (as in the case of government) • Explicitly, they do not see sufficient value for money • Particularly when access to CLE is not restricted to members • As well, the payback from benefits is not enough to offset fees; seniors would like continuing health insurance • Some suggest tiered fees linked to service usage • Seniors believe they should get a discount

Non Members • Redundancy: A fair number believe they get more value from other, specialized legal associations • These get their CLE and networking needs filled by those organizations. They say those associations are better at serving them than CBA sections • Some say they would join the CBA to be part of an umbrella organization but would like some sort of associate status that pays for that role and not for other services and benefits • Non-joiners: A few simply say they are not generally joiners of organizations of any sort. For these people it is a straight cost/benefit calculation. They’d only join if there is a financial incentive in terms of benefits

Non Members • Lapsed members; • A surprising number of participants were former members who let their membership lapse, some because they retired, some because circumstances or careers changed • Virtually all said after an initial attempt to have them re-apply, they didn’t hear from the CBA again • In some cases it is a default position or inertia that has them continue as non-members • Some expressed a sense of guilt about being outside • Some would re-join given a show of interest by the CBA, or a different fee structure, or evidence that there’s a financial incentive through CBA benefits

The Futures Report:Crystal Clear Some Observations

Some Observations • Most participants had not, and seemed unlikely to read the report thoroughly • They found its length and “complexity” daunting • That didn’t stop many from coming to conclusions • The executive summary, while useful, tends to foster the sense of a lack of specifics • Recommendations tended to attract characterizations like “nice words but little follow up” • The report’s comprehensiveness sparked discussions about the need to establish “core” priorities • To some the comprehensiveness meant a lack of focus

Some Observations • It was evident that lawyers are a tough group to write for • Participants tended to parse sentences and phrases and interpret recommendations differently • They often misread the intent of recommendations as they focused on apparent (sometimes more apparent than real) ambiguities or contradictions in language

Some Observations • The act of consulting members (and non-members for that matter) was widely appreciated • Reflected well on the CBA • Remarkably high turn-out for the focus groups • Participants were quite engaged and participated fully • The report confirmed to members that they knew less about the CBA than they felt they should • Most admitted ignoring communications from the CBA and being less proactive than they should be, other than for CLE activities • There is a continuing issue of how to “reach” busy lawyers inundated with emails and paper

Some Observations • It was surprising the degree to which member benefits are important to some • Discounts, insurance servicesand the savings they generate are sometimes key to membership • “What’s in it for me?” was a recurrent phrase • Generally, members seem to feel the CBA does not negotiate hard enough or use its group economic leverage well enough • There is a specific group – seniors, whether retired or not -- who say post-age 65 health insurance would mean substantially increased membership

Bottom Line • It seems clear that participants awarded the CBA a general license to proceed with reform • With some obvious exceptions that foundered on potential cost and perceived excessive “exclusivity” • Members shared many of the concerns and agreed with the general objectives • Criticism tended to be “pro forma” and lack real intensity • Segmenting, targeting and concentrating on “value-added” are key thrusts • While maintaining the CBA’s national character and advocacy and marketing it back to members aggressively

The Futures Report:Crystal Clear Rating the Recommendations

Reporting Out • The dimensions of personal appealand personal relevancewere meant to stimulate discussion and remove those factors from an assessment of importance to the profession • Participants differentiated among the three dimensions in their ratings • Ultimately, importance to the profession seemed to be the key dimension to most participants • This report will deal primarily with that dimension • A chart of the other ratings is appended

Ratings – 10 point scale • Overall, the recommendations on segmentation (7.68) and diversity (6.88) tended to score highest • Targeting programs and services tended reached a high level of consensus, with highest marks among women • Diversity and inclusiveness tended to polarize groups • The high numerical average masked splits in support • Higher among members than non-members • Recommendations on communications (7.06) and public image (7.09) seemed sensible and important • Though in both cases, participants tended to wonder whether they could be achieved effectively

Ratings – 10 point scale • The recommendation on business development (6.64) tended to be misunderstood • Only after careful reading of the detail would most people support it • Particularly as it pertained to defending the profession’s economic space against encroachment • Some believe business development is an inappropriate role for an umbrella organization like the CBA • Others simply didn’t find it relevant to them • Tended to come from big firms • Though they saw it might well be important to sole practitioners or small firms

Ratings – 10 point scale • The research institute (5.84), partnership (5.10) and CBA lawyer branding (3.04) were in a bottom tier • The first was seen to be too expensive for a limited potential return • The other two ran into heavy criticism about “overreach” and inappropriate “exclusivity” • They tended to irritate and anger some participants because of the way they appeared to treat non-members and competing organizations • This was especially true of women and younger lawyers

Importance – 10 point scale

The Futures Report:Crystal Clear Individual Recommendations

Segmentation • This was the most widely supported proposal • Seen to be a “no brainer” for large organizations • Most thought it hard to retain and attract members unless an organization caters to specific needs • Generally understood to segment on practice area, firm size and geography rather than demographic characteristics • Women were by far the most supportive of this, partly because many were in smaller firms and saw a benefit • Many said CBA was not doing badly in this area • Except for communications targeting

Segmentation • Three broad areas emerged in discussion • CLE was seen to be an indispensable core activity • The more focused on sub-discipline the better • Many focused on services and discounts • Strong desire for varied and targeted distribution channels and technologies for CLE, sectional activities • Increasingly, ability to “time shift” is important • As is avoiding costs and dislocation of travel • Some worried that excessive segmentation might be divisive • Suggested a “balance” where all had the opportunity to see and have access to an entire “menu”

Sample Comments -- Segmentation • “Can’t think of how such a diverse organization might operate otherwise.” • “it is important to drive delivery based on members’ needs.” • “CBA must know its market and deliver the services that members want and need.” • “I like the targeted approach. I like being able to choose the delivery mechanism.” • This is so broad as to be meaningless. Obviously it is self-evident that as a general proposition this would be good.” • “Seems to me that the CBA is doing a decent job of this now.” • “I find many of us are unaware of many CBA services.”

Sample Comments -- Segmentation • “I make heavy use of the CLE materials and member benefits offered. More is better, more specific to my areas of practice is better as well.” • “Given the cost and dislocation from work that most programs (CLE) entail, having an alternative, less time sensitive and schedule sensitive means of delivery would be preferable.”

Diversity • The diversity proposal appealed very strongly to some but not to others • In every group ratings tended to cluster at high and low ends, yielding an average that was second overall among members • This recommendation appealed somewhat less to younger lawyers and significantly less to non-members • Women were most supportive but they too tended to split, usually along age lines • The main objection was about concentrating on “differences” • Some found the proposal “divisive” and “politically correct”

Diversity • There was no disagreement with the proposition that the CBA and the profession should reflect the society it was trying to serve • Similarly, no disagreement that there are current “gaps” • Although there were some, mostly older men but some women, who thought things were getting better • Young lawyers were generally less concerned • Discussion in this area led to some sharp exchanges • Primarily led by younger women who disputed others’ assertions that the problems were diminishing and non-systemic

Diversity • There was a fair degree of consensus that the work/life balance was a continuing issue and affected women disproportionately • Also some worry that younger lawyers were pushing back against the current system and tending to exit the profession earlier • However, there was a also a sense of inevitability • Some thought there wasn’t much the CBA could do • Generally, they tended to believe that the problem was clear but the solution wasn’t • Many thought big firms would not change, that the practice of law required long hours, hard work and unpredictable availability

Diversity • Finally, there were some, particularly non-members, who thought this was not a role for the CBA • They thought it the role of Law Societies, Humqan Rights Commissions and legislation • The CBA could not champion everyone • As well, they worried that it would make the CBA vulnerable to internal “pressure groups”

Sample Comments -- Diversity • “Despite the advances that have been made, the practice of law is not diverse and not representative of the Canadian population.” • “One of the most important areas because this is more of a national issue/problem than many of the others.” • “As a junior, female, non-white lawyer, I have experienced an ‘old boys’ mentality. This occasionally impedes my ability to practice to the best of my ability.” • “This is something that would be relevant to all lawyers practicing law.” • “The CBA should help women with accommodation, flex schedules, and alternative schedules.”

Sample Comments -- Diversity • “A little scary, I wouldn’t want the CBA to be hijacked by any one highly political organized sub-group.” • “An admirable goal but I have serious questions about what real world effect would result.” • “It would be nice but I’m not sure how it could be done. What is really the goal?” • “We should be sure that in accommodating diversity, we don’t lower our expectations or standards.” • “Lawyers first, personal identities second.” • “Why create more differences than there are?”

Communications • There continues to be a dilemma on reaching members • Members want to know more but seem unwilling to search out of information or assimilate what they get. • Most report a lack of knowledge of the full spectrum of CBA services and benefits • Most would like to know more • Many report relatively loose ties to the CBA • But don’t seem particularly disturbed by that • Though they think better communications would help

Communications • Most report an irritation with the number of e-mails they do get and a proclivity to ignore them or delete them after scan • When asked directly, the large majority wants information “pushed” to them • Very few say they use the web site regularly, a significant number say they’ve been there once or twice or not at all • There is clear interest in getting targeted information • But they DO want to have access to everything as well • Strong support for profile “sign up” AND general menus

Communications • There is widespread interest in using technologies to “time shift” or eliminate distance • Primarily involving CLE • Sectional activities are seen to be as much about networking as learning • There is still relatively limited knowledge about list serves and their potential

Sample Comments -- Communications • “A number of CBA members derive little or no benefit from their memberships. Engaging members in a more meaningful way may help to change that.” • “An organization should be connected and encouraging its members to interact and use technology to help.” • “ I already seem to get a good flow of communications from the CBA.” • “This has to be something more than just more e-mails.” • “Quality is more critical than quantity of dialogue.” • “I think communications with members should only be relevant and add value – constant interaction can be as negative as no interaction.”

Public Image • There was a consensus that public stereotypes about lawyers are negative • Participants cited jokes, disputes over fees and exaggerated estimates of lawyer’s compensation • As well a client focus on winning disputes rather than resolving them creates tensions when somebody tends to “lose” in adversarial proceedings • Most blamed television characterizations and individual unethical lawyers for the negative image • They tended to believe that positive stories did not reach the public • As well, most believe that individual relations between clients and lawyers are generally good

Public Image • Most were not personally troubled by the image • Younger lawyers were more concerned • Many thought it important to do to clear the way for credible advocacy and political influence • They saw it as a clear role for the CBA • There was recall of similar campaigns by other professional groups • Particularly in Quebec by notaries and accountants • However, there was some doubt that such a campaign would make a real difference • They thought the stereotype was deeply entrenched and had developed over a long period of time

Public Image • There were three streams of thinking about a public image campaign • Some, a minority, thought a campaign aimed at honesty and integrity would be important • Others felt equally strongly that any campaign should concentrate on the added value a lawyer can provide – they thought a campaign on ethics would not work • Finally, a significant number thought this was an issue of individual behaviour and that law societies and law schools had to take the lead in changing and sanctioning behaviour • Some paired this with the need for strong CBA public stands on the law and individual rights

Sample Comments – Public Image • “This is the sort of thing the CBA should be doing.” • “I’ve always thought of this as the CBA’s most important function.” • “Image is part of brand.” • “There’s a limited focus on establishing the value of legal services to the average Canadian.” • “For younger lawyers, professional image and stature is important.” • “How many lawyers jokes must we endure?” • “It would be a benefit to me if the public were provided with a more positive and diverse image of who a lawyer is and what he/she does.”

Sample Comments – Public Image • “The image of the profession depends on its professionals not its organizations.” • “Some image enhancement is always important but the report is over-the-top excessive on this point.” • “Most people like their lawyer and that’s good enough for me.” • “Nice to say but difficult to achieve.” • “The CBA should be a resource for its members, not selling the profession.” • “Unrealistic given what we do and what it costs.”

Business Development • This recommendation won a bit less support and was not widely understood • Many saw economic return as an individual issue • They weren’t sure what the CBA’s role could be in increasing their revenue. • It was also quite polarizing – some endorsed it strongly, others resisted it strongly • Members of larger firms, lawyers working in government and corporate counsel tended to see little of benefit to themselves • Younger lawyers were more concerned about finding out comparative salaries than they were about getting help setting up practices

Business Development • Sole practitioners and those in smaller practices were more supportive • There is significant worry about competition and reduced compensation. For some, anything the CBA could do was fine. • A significant number felt the CBA’s role was to enhance the profession of law not the business of law • There was perceived overlap with Law Societies • Though some felt that the Law Societies were in a fundamental conflict of interest if they tried to promote the public interest and to enhance the profession’s economic return at the same time

The Futures Report: Crystal Clear March 2006