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Through the Door and at the Table: Women and Racial Diversity in the Legal Profession

10/18/2016

Last month I attended the program “Through the Door and at the Table: Women and Racial Diversity”, part of the Equity Education Series hosted by the Law Society of Upper Canada and the Women’s Law Association of Ontario.

This free public event was advertised as a “panel discussion featuring diverse women in a variety of legal careers, including private practice, government, in-house and the judiciary. The panel discussion will touch on issues of gender, race, diversity and inclusion and speak to the ideas of access and power in the legal profession”. How could you not want to go?

The event was well attended and had several impressive speakers:

The Honourable Justice Sandra Bacchus of the Ontario Court of Justice;
Christa Big Canoe, Legal Advocacy Director, Aboriginal Legal Services;
May M. Cheng, Certified Specialist in IP, Partner at Osler;
Marsha M. Lindsay, Vice-President, General Counsel & Corporate Secretary, Purolator Inc.; and
Isfahan Merali, Law Society Bencher and Tribunal Counsel, Consent and Capacity Board.

The program was moderated by Deepa Jacob, Senior Counsel, Ministry of the Attorney General, Civil Law Division – Government and Consumer Services Branch.

Just a few of the interesting insights provided by the panelists are summarized below:

While Marsha was reluctant at first to take her current role and was (according to her) “pushed” into it by her boss, once she was in the new position she found it very “empowering” and “enlightening” to be “at the table” in her organization. Marsha felt that we really need to make a business case for inclusion. Clearly it is good for business; we just need to pitch it that way to the companies.

According to May, having “grit” is very important, which has been defined as having stamina, passion and perseverance. May also recommended not letting people pigeon-hole you into positions based on your outward appearance. You need to assert yourself and tell people what you want to do.

The speakers all agreed on the importance of networking but disagreed on what that meant. If “networking” just meant going to cocktail parties, some panelists disagreed about how beneficial this was to your career. However, Justice Bacchus felt that “networking” had a greater scope. It was about simply making “connections” with people. This means connecting with the support staff, colleagues, law school friends, etc. Don’t just show up at work, put your head down and ignore those around you. Isfahan noted that it was about “relationship” building, but you had to be true to yourself. Network the way that works for you.

Christa felt that she has never really shied away from, or felt the need to hide, her culture or gender. She has a strong Indigenous identity. She noted however that while she normally wears her bead-work, earrings, and moccasins into court, she wore the usual courtroom garb at the Supreme Court of Canada. She had a special brooch that was really relevant to her and representative of her culture but felt she should wear it on the inside of her robes rather than on the outside, at the highest court.

So what can we do to improve inclusivity and diversity in our profession? It is an individual and an organizational responsibility. May referred to the “30% Club” that recently entered Canada. This “Club” has an aspirational goal of having 30% women at board and senior management level, but they don’t believe in quotas. Christa asked why in 2016 we are celebrating 30% when women make up 52% of the population. This is not enough. Especially when it comes to racialized communities.

Isfahan referred to the LSUC’s “Challenges Faced by Racialized Licensees Working Group Final Report” which contains 13 recommendations, following a lengthy consultation process. Members of the legal profession and the public are welcome to provide comments on the recommendations prior to November 14, 2016. The fact that there is systemic racism in the legal profession is something that was very clear in the consultation. The report talks about how to develop a culture of change and making the profession more inclusive. All lawyers should review this report.

Overall it was an informative evening, followed by a great cocktail hour where you could “network” or “connect” with others. I found the panelists differing views on networking to be interesting. I do believe that “networking” or “connecting” with others is such an important concept for career advancement. As highlighted by the panel, networking is not just about getting new business in the door. It helps you find that new career position (like Marsha), it helps you get elected as Bencher with the LSUC (like Isfahan), it helps you get appointed to the bench (like Justice Bacchus), etc.

If you are interested in learning more about networking and connecting with others in our profession, and how woman may or may not do it differently, please note that the Women Lawyers Forum of the OBA will be hosting an event on December 1st on this very topic. Keep an eye out for an advertisement of the event and more details, which will be announced soon!

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OBA Women Lawyers Forum Pathways to Power Series: General and In-House Counsel

10/4/2016

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Last week I attended the OBA Women Lawyers Forum's latest event in its “Pathways to Power” series, this one was on "General and In-House Counsel". The event was also co-hosted by the Ontario chapter of the Canadian Corporate Counsel Association. This was the fourth in the WLF’s series, the previous ones being Women in Politics; Women on Board; and Women on the Bench.

The speakers were Marlene Costa of the Ontario Securities Commission; Susan Kennedy of Ornge; Linda Lam of Advanced Micro Devices; and Aliya Ramji of Figure 1. The program was entertainingly chaired by Melissa Babel of KPMG Law LLP and Jana Pauk of Dentons.

Some highlights of the questions and answers at the event:

Why would someone want to go in-house? Linda enjoys the fact that she no longer has to bill or docket her hours. Also on the plus side, being in-house means that she is a part of the business. She gets to see projects from start to finish and help build the business. On the “con” side, in-house lawyers lack the resources of a large firm. In-house lawyers may sit in a cubicle instead of an office. There is no firm library or research lawyer to rely on. In-house counsel are “keen” to get newsletters from lawyers and law firms that help them keep up to date on the law.[1] It is not a 9-5 job that some people believe it to be, but there is more predictability in the work.
Do you need knowledge of the business world? Aliya observed that at the end of the day you are supporting the business so you have to understand the business. You should have some sort of business acumen and cannot provide “yes” or “no” answers to your “clients”. Your answer should be more: “Yes, if this…or No, but you can do these other five things”. Be prepared to think outside the box and help the business move forward.
Do you ever outsource your work?[2] Susan will typically outsource for one of three reasons. First, when they need a special skill set. For example, she will not dabble in tax law. Secondly, depending on work volume, they will outsource random one-off or discrete contracts. This is work that just needs to get done that they do not have the person power to do. And the third reason will be where there is one large project where a lot of bodies are needed to get over the finish line.
How do you find an in-house legal position? Aliya noted that a lawyer’s skills are transferrable. If you can do legal research in securities, you can do legal research in other areas. Do not let yourself get pigeon-holed. Look for little steps to expand your skill set. Susan has hired between 10-15 in-house lawyers during her career. She hires for "fit" first and foremost. Getting your foot in the door can have its challenges as it is usually the Human Resources department who does the first screening. They are not lawyers and may not appreciate your experience. Tailor your application to meet the job description. Figure a way to package your skills to get you through the first screen.
What happens once you are in-house? How can you progress? Speaking from a public sector viewpoint, Marlene noted it is very slow to go up through the ranks in her organization. Not impossible, but a much slower process than in the private sector. Marlene suggested looking for opportunities to expand your skill set and to seek out experiences outside of your direct group or practice area. This will allow you to position yourself to work in other areas in-house. Also, look for opportunities to volunteer outside of the company as well. She is on the executive of the Public Sector Lawyers Section of the OBA. Linda’s company has set specific steps and levels for in-house lawyer progression.
Why did you choose in-house? Aliya went in-house “kicking and screaming”. A client offered her a job when she didn’t have one. But it was the best thing that ever happened to her. Part of the reason she was so resistant was because at her previous firm they called in-house the “pink ghetto” (offensive on so many levels!). Now she is building a company that operates in 190 countries and has 43 law firms reporting to her.

These are just a few of the great insights this panel offered. I won’t give all of their tips and tricks away; you will just have to attend the next session. Pathways to Power: Female Founders will be held in Spring 2017.

[1] Shameless plug for my business here: I help lawyers and law firms with drafting these very important business development and legal content marketing pieces. Outsource your legal newsletter drafting so you can keep working on your billable work!

[2] Shameless plug number two: I am also the co-founder of a legal outsourcing business. Flex Legal is a network of experienced (10+ years) freelance lawyers who assist lawyers, firms and in-house legal departments on a contract, project or freelance basis.

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Through the Door and at the Table: Women and Racial Diversity in the Legal Profession

OBA Women Lawyers Forum Pathways to Power Series: General and In-House Counsel

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