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CCCA_V6No4_Spotlight-FIN_CCCA_V6No4 11/26/12 5:30 PM Page 47 Jones, “was the unique circumstance of breadth, general counsel needed to have Spotlight on… The CCCA story knew how many corporate counsel there living and working within one of the not only legal knowledge, but also business were in Canada. “The law societies, the bar great social traditions in the history of knowledge, “and more than anything, you associations tried to be helpful. But there our country.” needed common sense. I got hit every day were no specific lists of lawyers who were with something which wasn’t in the lexi- not in private practice,” says Jones. Profession gains prestige con of what I was taught at law school, In addition, no one knew how much The same sort of motivation, plus the that's for sure,” says Hayes. Reporting lines financial support there would be for a long hours in private practice, led Derek had altered too, with many general coun- conference designed for in-house counsel Hayes to leave private practice at sel reporting to the CEO. or how many would attend. To the organ- McCarthy & McCarthy in izers’ surprise “we received 1967. “I really wanted to do financial support from 42 law international work and the firms,” recalls Jones. “It was only really large international truly marvellous.” firm in Canada in those days But even more astounding was Massey Ferguson, so I was that in May 1986, 365 in- joined their legal depart- house counsel drawn from ment,” he recalls. across Canada attended that Reflecting back, Hayes, a par- conference in Toronto, and its ticipant of the in-house counsel meeting The perception of corporate counsel success provided the impetus for the cre- in downtownToronto, says the perception among many of Hayes’ legal peers had ation of today's Canadian Corporate of the duties of in-house counsel was hazy undergone radical change. Hayes remem- Counsel Association. in the legal profession.“The lawyers at my bers that by the late 1980s the position had firm thought I was crazy,” remembers gained prestige and “some of my colleagues Need for a national voice Hayes.“A lot of them just couldn't figure I’d gone to law school with, who were now In-house counsel support for the Toronto out what I was going to do all day.” senior lawyers in law firms, were calling me conference in 1986 mirrored the growing Lawyers graduated from law school and up to ask about positions in the law depart- camaraderie in other parts of Canada went straight into a law firm.“There was ment at CIBC.” among in-house counsel. As in Toronto, no other track,” says Hayes, who graduat- over the decades the in-house counsel ed from University of Toronto Law The beginnings of CCCA role had gained prestige and increasing School in 1961.“There certainly wasn't a By 1986, the number of in-house counsel amounts of legal work were being con- general counsel track.” was growing,especially in business centres ducted in-house. In 1984 Hayes was hired as vice-presi- such as Toronto, Calgary, Vancouver and But in 1976, when Charles (Jim) dent and general counsel by the Canadian Montreal. Cummings graduated from the Faculty of Imperial Bank of Commerce to form an More and more lawyers knew a private Law at University of Alberta, his career in-house legal department.He remained at practice lawyer — often a senior lawyer path was unique for his time period. CIBC for 15 years. By the time he retired with corporate experience — who was Cummings articled with the Attorney his position had expanded to include mul- moving in-house, especially with large General’s Office of Alberta, “at a time tiple departments, including legal, compli- organizations, in both the public and pri- almost every one of my law school class- ance, internal audit and corporate secre- vate sectors. There was a smattering — mates went into private practice.” tariat with some 600 employees reporting albeit growing — number of lawyers opt- He stayed on for three years during an up the ladder to him. ing to become the sole legal officer at exciting time when he was appointed The general counsel position at large smaller, privately run corporations. constitutional adviser to the government companies such as financial institutions But there was no hard information. of Alberta during the federal/provincial had evolved during that time, he says, to a When theToronto in-house counsel group constitutional talks. But “18-hour days much different role from what corporate that met regularly, along with some other and continuous cross-Canada travel were counsel had been doing. general counsel,set about organizing an in- a lot for a young guy with a young fami- As the position expanded in depth and house counsel conference, no one really ly,” so he went in-house in the private oil HIVER 2012 CCCA Canadian Corporate Counsel Association 47