I loved Professor Backhouse’s biography of Justice L’Heureux-Dubé, so when I saw her book “Two Firsts: Bertha Wilson and Claire L’Heureux-Dubé at the Supreme Court of Canada” I knew I would enjoy it as well. “Two Firsts” is a lot shorter than the 1000-page biography of Justice L’Heureux-Dubé and much of “Two Firsts” that discusses L’Heureux-Dubé’s life and career was already covered in the biography. However, what I enjoyed about this new book was the insight into Justice Wilson’s career and rise to the top court and how it compared/contrasted with Justice L’Heureux-Dubé’s. Professor Backhouse eloquently tells the story of these two trailblazing women, juxtaposing their personal histories and career progressions. Wilson was Scottish born, married to a church minister, and was a research lawyer at a large corporate law firm in Toronto before being appointed to the bench. She was described by those who knew her as a “stoic Scot” who “stuck to her work”. While L’Heureux-Dubé, a Quebecoise who practiced family law, was described as having a “reputation as a femme fatale, whose flamboyance dominated every room she entered”.[1] While these women had different personal and professional lives, both were subjected to similar sexism and discrimination that arose due to their position as the “firsts”. They were isolated, left out, and “enveloped in a chilly climate that signalled disrespect”. Often their response was to downplay or ignore what was going on. At the Court of Appeal for Quebec, a judicial colleague named Fred, whom L’Heureux-Dubé liked and admired, gave her a “quick slap on the buttocks” “in a gesture apparently meant to be playful”. When the other judges cried out “Fred, you’ll be sued!”, L’Heureux-Dubé just laughed and said, “Oh, it’s so nice. Oh, Fred…I miss it.” Years later she added, “I was the only one. I was not going to alienate everybody there.”[2] When a fellow judge pulled out a chair for Justice Wilson on her first day in court at the Court of Appeal for Ontario, she “put up her index finger and said, ‘Don’t you ever do that again.’ The front row …all Queen’s Counsel, just broke right out laughing”. The chair-pulling judge emphasized that Wilson was ultimately “a great sport about it”.[3] In addition to reviewing the reception these women had as the “firsts”, the book also examines the judicial history of some of the important cases that Wilson and L’Heureux-Dubé decided, including Becker v Pettkus, Lavallee, and Morgentaler for Justice Wilson and Moge v Moge, Canada (Attorney General) v Mossop, Seaboyer, and Ewanchuk for L’Heureux-Dubé. A quick, entertaining, well-researched, and informative read, I think anyone interested in a ‘behind the scenes’ look at being a judge in Canada and the history (or “herstory”) of these “Two Firsts” will enjoy this book. The book is published by Second Story Press as a Feminist History Society Book. [1] Constance Backhouse, Two Firsts: Bertha Wilson and Claire L'Heureux-Dube at the Supreme Court of Canada, (Toronto: Second Story Press, 2019) at p. 14. [2] At p 131. [3] At p. 138.
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For this post we have the pleasure of hearing from TWO women leading in law: Christy Allen and Nancy Houle, partners at Davidson Houle Allen LLP in Ottawa.
Andrea Daly, an articling student at their firm, wrote to tell me: "Impressive and lengthy resumes aside, Nancy and Christy are generally all-around amazing people. They treat clients and employees alike with kindness, respect and empathy. . . As for amazing women succeeding in the legal profession, Christy and Nancy really do set the bar (no pun intended).I am inspired working with them every day and hope that you would consider profiling them." Who could say no to that? 1. Tell me a little about your practice or business: We are a small boutique condominium law firm in Ottawa, and we represent almost exclusively condominium corporations (although we also represent other collective property interest groups, as well as some individual homeowners). Our practice spans most of Eastern Ontario, though we also represent some clients in Northern and Southern Ontario, as well as in Toronto. Condominium law is a far more interesting area of practice than most people realize. It is an even mix of corporate and litigation work, and it touches on a multitude of legal issues and areas of practice. We deal with everything from large scale construction deficiency litigation to helping clients navigate human rights issues, employment issues, statutory compliance issues, and corporate governance issues, to name a few. It is this variety that really keeps us interested in the long run. 2. Why did you go to law school? Christy - I went to law school because it was available to me as a practical option when I graduated from my undergraduate studies, and I liked the idea of a career in law. While I didn’t necessarily realize it at the time, I know now how fortunate I was to have had law as a realistic option, and to be honest, I worry about the future of our profession when I think about the fact that had I graduated from undergrad today, law school might not have been economically available to me. There are others out there with far better and more inspiring reasons than I had to go to law school, and my hope is that we can find a way to ensure that they are given a fair opportunity to become lawyers. Nancy – My goal to go to law school began when I was 12 years old. Actually, it began because I wanted to be a Judge, and was advised that I would first need to be a lawyer! I echo Christy’s comments and concerns about the future of our profession, and the opportunities for those who wish to pursue a legal career. I truly love practicing law. [So much so that I have no intention of ever applying to the Bench!] It saddens me to think that there may be someone with such passion who is not able to realize a dream because of economics. 3. How did you get to where you are today? Design? Chance? Both? We both pretty much tripped over the practice of condominium law, and fell into a practice group within a larger firm that included the amazing partners that we have today. Having stumbled into the area of practice, we both ended up really enjoying the practice – and we particularly enjoyed the people we were working with. Our group ultimately left that larger firm to become the boutique firm that we are today - that start up of our small firm was less about chance. 4. What is your most significant achievement? What are you proud of? One of the best things about the practice of law is the fact that we get to experience some pretty amazing moments as a result of our careers. So its tough to chose, but we both have to say that our proudest career achievements, at this point in our lives, is the fact that we were able to successfully start up a boutique law firm. In addition, one of the best parts about starting our own firm has been that we’ve been able to shape it into a firm that maintains core values that are reflective of our own shared philosophy and beliefs. In an industry as traditional as the legal industry, it can be difficult to move away from the standard way of practicing and doing business. So, its been incredibly refreshing for us to be able to move in our own direction with our new venture. 5. What are some key challenges, and more importantly, opportunities for women in law? The biggest challenge, in our view, is that the traditional model of practice doesn’t generally allow for women to balance the interests of being a lawyer and a mother. This is, in our view, what has resulted in so many women leaving private practice before year 10. Having said this, this challenge in many ways provides all of us with an opportunity to change how we practice law, to allow for more flexibility and more options, and to ensure that we are being more inclusive and losing less talent. There are so many extremely talented lawyers (both men and women) who earnestly want to balance their careers with parenting. And if given the proper opportunity, they may decide to stay in private practice - and in so doing will themselves help to drive the significant change that will be required to overhaul the way lawyers have practiced for so long. 6. What advice would you give a woman starting her legal career? Christy - Even before starting law school, I’ve always believed that each of us has to forge our own path, regardless of what others may say or what obstacles may lie ahead. For women just starting out, I think the best advice I could give is this: Don’t let the statistics scare you and don’t give up just because others say it might be too hard to balance law with whatever other challenge you may be facing in your life. If you want a career in private practice and you also want a family, it is possible. Adjustments may be required, and inevitably some soul searching will take place along the way. But just keep putting one foot in front of the other and try to ignore all the voices that say its not possible. And don’t forget to take whatever opportunities may come your way (particularly later in your career) to seek change for the better, so that this work-life balance challenge that so many women in this profession face will be less of a challenge for future generations. Nancy – In addition to Christy’s advice, I would add the following advice to young mothers struggling to find balance in the profession: As a young mother trying to maintain a successful legal career, you will inevitably be pulled in many, many directions. You might, at some point, feel like a failure in every aspect of your life: work, personal and family. If that happens, reach out to those who have been there too. Share your story, seek guidance and input, but make the decision that is best for you! ----------------------------------------------------------------------------------------------- Thank you Christy and Nancy for participating in this series, and thank you Andrea for introducing me. And a really big THANK YOU to all of the leading women in law profiled in this series: Suzie Seo, Kim Gale, Alexi Wood, Melissa McBain, Erin Best, Gillian Hnatiw, Melanie Sharman Rowand, Meg Chinelo Egbunonu, Lisa Jean Helps, Nathalie Godbout Q.C., Laurie Livingstone, Renatta Austin, Janis Criger, May Cheng, Nicole Chrolavicius, Charlene Theodore, Dyanoosh Youssefi, Shannon Salter, Bindu Cudjoe, Elliot Spears, Jessica Prince, Anu K. Sandhu, Claire Hatcher, Esi Codjoe, Kate Dewhirst, Jennifer Taylor, Rebecca Durcan, Atrisha Lewis, Vandana Sood, Kathryn Manning, Kim Hawkins, Kyla Lee, and Eva Chan. I am so excited to profile Suzie Seo in the Women Leading in Law series. I met Suzie on the first day of law school. We were sitting next to each other in the large lecture hall waiting for the Dean's Welcome Address, both a little nervous, neither of us knowing anyone. We were pretty much inseparable for the remainder of law school, even becoming roommates for two years. Although our legal careers are very different and we live in different parts of the country, I am truly honoured to call Suzie a dear friend, supporter, confidante, and an amazing woman who is leading in law. I hope you enjoy reading about Suzie's interesting career path and advice for new lawyers: 1. Tell me a little about your practice or business. I’m currently in a transition period. The first transition is that in October 2018, after practicing in-house at the Senate of Canada for over 12 years -- Legal Counsel (2006-2012), Parliamentary Counsel (2012-2017) and Assistant Law Clerk and Parliamentary Counsel (2017-2018) -- I decided to start a new chapter in my legal career as Legislative Counsel with the Government of British Columbia in Victoria. Over a 7-week period, I wound down my practice -- advancing as many of my files as possible to see them to completion or to a state to transition over to colleagues -- while at home my spouse and I listed and sold our house privately; culled, packed and shipped our belongings across the country; and got ready for our cross-country road-trip with two kids in tow. I also began the process of being called to the BC Bar. I began my new post as Legislative Counsel in mid-October, exclusively drafting legislation (Bills, Regulations and Orders in Council) and enjoying the benefits that come with having ministry solicitors and policy advisors as drafting instructors! The second reason for the transition period came two months into my new job when I decided to submit an application for a one-year Parliamentary Counsel position that unexpectedly came up at the Legislative Assembly of British Columbia. It is now June and I have been at the Legislative Assembly for a little over 4 months. In many ways I have returned to my former practice of law. As in-house counsel to the Legislative Assembly, I provide legal services and advice, upon request, to the House, presiding officers, parliamentary committees, Members and their legislative and constituency office staff, and to the officers of the Legislative Assembly and the administrative departments they oversee that consist of both parliamentary and corporate branches like HR, IT and Finance. As a Table Officer, I sit at the Table alongside the Clerk of the Legislative Assembly during House proceedings, providing procedural advice to presiding officers and Members. And lastly, as a member of the senior management team, I contribute to the governance, strategic and other corporate initiatives of the Legislative Assembly. 2. Why did you go to law school? I went to law school because I wanted to become a lawyer in one or more of the following practices areas, which coincidentally all start with “i”: international law; immigration law; intellectual property law. I studied what interested me during four years of undergraduate studies at the University of Toronto: human biology, zoology, anthropology and Spanish. I am an immigrant (“1.5 generation” Korean-Canadian) with most of my extended family in South Korea. Since my elementary school days, I have always been intrigued, excited and agitated by human rights and public policy issues. I thought I could build on all of this by studying law and pursuing a legal career in any one of the three “i” practice areas. Plus, I liked school and wanted to continue studying. 3. How did you get to where you are today? Design? Chance? Both? Probably a bit of both. I strived for and worked hard to achieve each of the stepping stones -- law school, summering jobs, articling, legal jobs -- that led me to where I am today (design). But I didn’t know, as each stone was being laid, what the final destination would be (chance). I would be self-centered and foolish to not acknowledge the role of my supportive and loving family who has always been my cheering squad at every milestone in my life (and in between), encouraging me and keeping me both grounded and buoyant in love. My mom and dad pray for me everyday, so I believe there is also divine design in how I got to be where I am today. What does the future hold for me?! I don’t know... 4. What is your most significant achievement? What are you proud of? Work-wise, I would say working with Senators to work on various pieces of legislation that have become law over the years has been my most significant achievement because I directly contributed to the work of federal lawmakers that resulted in a direct, tangible and sometimes life-changing impact on Canadians. Looking back not too far, I am also proud I let myself reflect on where I was in my legal career and what I wanted to do in the next decade and beyond that led to the major change in my career path and to my family’s and my life last year. 5. What are some key challenges, and more importantly, opportunities for women in law? Not enough women in senior leadership positions in both the private sector (including law firms) and public institutions continues to be both a challenge and area of opportunity for women in law. There is also the societal perception problems that many women lawyers, including those in senior positions, face in their everyday interactions with clients, opposing counsel and others in the course of their practice and the additional work required of them to be constantly mindful of managing the fine line (examples below) that is nevertheless more often than not crossed for them:
6. What advice would you give a woman starting her legal career? Be purposeful in building diverse networks early in your career within the legal community (and outside the law!) and with everyone, especially women. Don’t overthink before calling someone in those networks to think out loud. ----------------------------------------------------------------------------------------------------------------- Thank you Suzie for sharing your journey with us. I also want to mention that Suzie obtained her Civil Law degree (magna cum laude) while working full time at the Senate and won the Queen Elizabeth II Diamond Jubilee Medal in 2012. I am sure the future is bright for you, no matter what it might be! ICYMI: Previous posts profiled Kim Gale, Alexi Wood, Melissa McBain, Erin Best, Gillian Hnatiw, Melanie Sharman Rowand, Meg Chinelo Egbunonu, Lisa Jean Helps, Nathalie Godbout Q.C., Laurie Livingstone, Renatta Austin, Janis Criger, May Cheng, Nicole Chrolavicius, Charlene Theodore, Dyanoosh Youssefi, Shannon Salter, Bindu Cudjoe, Elliot Spears, Jessica Prince, Anu K. Sandhu, Claire Hatcher, Esi Codjoe, Kate Dewhirst, Jennifer Taylor, Rebecca Durcan, Atrisha Lewis, Vandana Sood, Kathryn Manning, Kim Hawkins, Kyla Lee, and Eva Chan. Sign up to have these profiles sent directly to your email address and stay tuned for the next post soon! I started this blog series because I was tired of hearing about women leaving law and wanted to hear about women leading in law. The "Women Leading in Law" series focuses on good news stories and highlights amazing women succeeding in the legal profession. Each post includes the profiled lawyer's answers to six questions. Prepare to be inspired! Despite the constant reminders that our legal profession is far from reaching any sort of laudable goal when it comes to equality, diversity, and inclusion, I am generally optimistic that things are (slowly) changing for the better. My Twitter feed is filled with amazing diverse lawyers doing amazing things. I see allies speaking up. I see new calls taking a stand and demanding change. I am truly optimistic. This optimism, however, is often tested (and lately it seems to be tested regularly) by encounters with mansplainers. For those unfamiliar with the (I would argue useful but over-used) term, the Merriam-Webster dictionary defines “mansplaining” as “to explain something to a woman in a condescending way that assumes she has no knowledge about the topic.” When I encountered mansplaining early in my career, I didn’t put a label on what was happening as the word was not widely used. I would just leave a conversation or a meeting feeling like a man had figuratively pat me on the head and said “Ahh, how cute”. I would be angry but couldn’t pinpoint exactly why. Now I have no problem recognizing when mansplaining occurs, and I know exactly why I am angry. Since starting my business Flex Legal Network Inc. in 2015 (a freelance lawyer company matching law firms with freelance lawyers/law clerks), the mansplaining has been off the charts. I will give you just a few of the many examples. Once at a law firm cocktail party a rather “handsy” man asked about my business and I explained it to him. He replied, “No, that’s not your business, your business is. . .” and he went on to explain my own business to me for a solid five minutes. I kid you not. On another occasion, speaking with a lawyer who was interested in learning more about Flex I asked him how he found us. He told me “By Googling”. I replied, “That’s great, I work really hard on our SEO”. He instantly put on his ‘Teacher Voice’ and said, “Oh it’s not that, Google has these algorithms you see, and websites with certain keywords and phrases are ranked higher and show up more frequently in search results.” Really? He also enunciated “algorithms” as if I was hard of hearing or couldn’t understand words with more than one syllable. Most recently I had an encounter with what I have dubbed the “mansplainer extraordinaire”. A lawyer was interested in joining Flex as a freelance lawyer after a long career as a corporate lawyer. We had a pleasant enough phone call where we talked about our own legal careers and then I explained how Flex worked (we are not a law firm, we don’t take on our own clients, we are a company that matches freelance lawyers with law firms who have overflow legal work on a project basis). After the call I sent him Flex’s membership terms for his review. The following week he emailed me back saying that “it was clear” to him, that I had “not fully thought through [my] business structure” but that he was “willing to work with” me to make sure that my business was “kosher”. He sent me a link to the Rules of Professional Conduct asking if I had reviewed them (seriously? Nope never heard of them. . .) and a link to a blog post explaining in layperson’s terms a “Limited Liability Partnership” saying “please read so we can discuss” (double seriously? I’ve only been practicing law for almost 14 years; did he really think I didn’t know what an LLP was?) He then said he was “just thinking things through to make sure Flex’s arrangements work” - this was followed by a 😉. He also attached his “amendments” to my three-page plain language membership terms. He had completely redrafted them into a ten-page contract full of corporate legalese gobbledygook. He clearly thought he was some lawyer-knight in shining armour coming in to save the damsel in business distress. I was physically shaking with rage! I was livid! Even writing this a month later I can feel the anger. Why would this man think I wanted or needed him to “fix” my business? What on earth made this man think he knows more than I do about running a freelance lawyer company? Not that I need to explain this to anyone, but obviously before starting my business I did extensive research and planning, including reviewing and analyzing the Rules of Professional Conduct, the by-laws, law society commentary (not just the Law Society of Ontario's but from the law societies across the country and the world), legal journal articles, other secondary sources, and case law. I also spoke directly with the LSO and with experts in legal ethics. It was with all of this information that I chose to structure my business the way I did. What annoys me the most about this encounter is that it ruined my day. I spent all day fuming and thinking about how I would respond. I wrote draft email after draft email (knowing none of them would be sent). And then I got angry at myself for letting him affect me the way he did. I was angry that I let him ruin my day. I had a mountain of work to do, but I was paralysed. I billed not a single measly .1 for my own freelance clients and tasks that I needed to complete for Flex went undone. Knowing I made exactly $0.00 that day has made me think about the economic costs that mansplaining has on my life. I know some people are better at just shrugging this stuff off and often that is the advice I receive: “Forget him” “Don’t waste your time” “You are overreacting”. I wish I could have just moved on with my day and went back to making money, but I am not built that way. Every time I encounter mansplaining, and the paralysing anger it induces, not only is my emotional well-being affected, so is my financial well-being. My productivity suffers. And I know it is not just mansplaining and it is not just me. I would think that most lawyers who are subject to sexist, racist, homophobic, anti-Semitic, etc. comments suffer from a productivity loss and an economic cost in addition to the emotional price-tag attached to such comments. I struggled with how to conclude this blog post. The optimist in me wanted to end on a positive note. I’m not sure that I can. All I can say is that I waited a few days before I responded to mansplainer extraordinaire. I opted for a polite but clear email that I was not pleased and explained why his email was not welcomed (is there a term for explaining to a man what mansplaining is?) He was genuinely apologetic but also confused as he wanted to let me know his intentions were pure and he was really just trying to help. He said he should have called me instead of sending me an email (hint: mansplaining over the phone is still mansplaining). I guess my one positive take away from this is that I hope the next time he (or anyone else reading this) has a desire to “help” a woman, that they take a second to stop and re-consider. Some questions to assist: did she ask you to explain something to her? Might she know more than you about the topic? Would most male lawyers with her experience know this? Meanwhile, I guess I can work on my own reaction to mansplaining. I am no longer willing to take a financial hit for someone else’s bad behaviour. ------------------------------------------------------------------------------------------------------------------------------ Thanks for reading my blog! I write about my lawyer-life, women in law, and draft the odd book review. I had a series on my blog in 2018 called Women Leading in Law which focused on amazing women leading in law (I was tired of hearing about women leaving law). This series is on pause but will return at a later date. Wow, what a year! I started 2018 wanting to focus on the “good” in life and law and this Women Leading in Law series has highlighted not only the “good” but also the “ah-maz-ing”. I started the series because I was tired of reading about women leaving law and wanted to hear about women leading in law. This year I have met (both virtually and in real life) some super talented, smart, ambitious women succeeding, leading, and kicking butt in this profession. This blog series has given me hope that things are (slowly) changing for the better. For my final blog post of 2018, I’ve highlighted each of the women featured in this series with a short excerpt from their answers. If you missed the posts the first time around click on the name for the whole profile and be prepared to be inspired! A side note: The Women Leading in Law series will be pausing for a bit. For 2019 I am starting a new series that will build on the WLL series. I will be profiling law firms that are taking concrete steps to improve equality, diversity, and inclusion in the legal profession. I hope that the new series will highlight what is working (and not working) in increasing the retention and promotion of women and members of other equality seeking groups in law. I have four law firms signed on, but I am looking for more firms of all sizes from across Canada that would be willing to be profiled. Know any firm trying to make a difference (beyond posting EDI policies)? Large, mid-sized, boutique? Perhaps firms started by lawyers who were interested in building a new type of law firm with EDI as a priority? Please let me know! Also, I am still accepting names of amazing women lawyers for when the WLL series resumes. Please keep sending in the suggestions. Finally, a huge thanks to the lawyers who participated and to everyone who supported this series with kind words and encouragement. See you in 2019! Erin Women Leading in Law 2018 Review: 1. EVA CHAN, lawyer turned Social Media Consultant to lawyers: “Believe in yourself, don’t lose yourself, and be true to yourself. Just because you’re starting off your career, it doesn’t mean others who have practised longer than you are always right or know everything. Stand your ground. . . Make a real effort to spend time with family and friends, and do things you love. Don’t focus on that time as being non-billable. It’s important to step away and recharge.” 2. KYLA LEE, Criminal Defence Lawyer: “People are willing to help you succeed. And they’ll come to you for help too. Help them. Remember, we are all in this together. Each file is not just about our clients but about our contribution to the justice system. When you help other lawyers, and when you seek out their help, you are helping the justice system. It’s a really beautiful thing, and an important part of what we do.” 3. KIM HAWKINS, Executive Director RISE Women’s Legal Centre: “There are enough challenges out there in the world as well as people who will try to define us if we let them – so it’s important that we don’t create limitations for ourselves. If you hold on to your idealism, you will eventually find work that feels right for you, and law can be a great place to find it.” 4. KATHRYN MANNING, Founding Partner of DMG Advocates LLP: “Be brave. Be patient. Learn all that you can from different lawyers, clients and opposing counsel. Don’t give up even when it seems really difficult. Know that there are supportive people out there in our profession that would be happy to have a coffee or lunch and chat with you to help you on the path to building your career. I recall very well feeling overwhelmed in the early years of practice – with the lack of control over my time, the feeling that I didn’t know enough to be a lawyer, that the hours would kill me or mean that I could never be a good parent, spouse or friend. But it does get easier and there are a lot of resources out there to help you along the way.” 5. VANDANA SOOD, Supervising Lawyer, RISE Women’s Legal Centre: “The hardest thing when starting out is knowing what you want to do with your law degree. Once you know, pursue it, no matter the supposed odds, and the path will open before you.” 6. ATRISHA LEWIS, Associate & Trial Lawyer, McCarthy Tetrault LLP: “I have two pieces of advice for women starting their legal careers. First, always say yes. In the first few years, building experience and skills is so fundamental. Often times saying yes is personally uncomfortable (e.g. how can I possibly find the time?), but I have never regretted saying yes. My second piece of advice for women is to unapologetically insert yourself into the situations you want to be in.” 7. REBECCA DURCAN, Professional Regulation Lawyer and Partner at Steinecke Maciura LeBlanc and Bencher at the Law Society of Ontario: “Women still get judged for having a uterus. I remember being asked outright during articling interviews if I was married and if I was intending to have kids. This was forbidden even back then. But they asked.There is a belief that if you have kids, and take time off, you are not committed to your job. This is inane. That type of mindset needs to change. I became a better and more efficient lawyer after I had kids. I know that is anecdotal but it is also the experience of several of my colleagues.” 8. JENNIFER TAYLOR, Research Lawyer at Stewart McKelvey: “. . . set boundaries and prioritize self-care, because you can’t be good at your job if you don’t do those two things. Speaking of your job, make sure you know yourself, and what you’re truly passionate about and good at, and find a position that fits YOU rather than trying to fit yourself into some kind of “as-seen-on-Suits” lawyer mould that doesn’t align with who you are. Finally, consider it a duty to give back to the legal community and the community at large – you will find fulfillment, and your communities will benefit.” 9. KATE DEWHIRST, a Health Lawyer at Kate Dewhirst Health Law: “Find a mentor. Get a coach. Expand your definition of success. So many lawyers focus on time and money as the only indicators of their success. But I would wholeheartedly encourage young lawyers to also consider measuring their success by the impact they want to have in the world, their growth, the alignment of their personal and professional values and whether they are having fun.” 10. ESI CODJOE, Labour and Employment Lawyer and Vice Chair at the Human Rights Tribunal of Ontario: “Understand yourself, it enables you to make hard choices that can inevitably lead to your success. When we know ourselves we can be braver, and pursue our goals with a gusto. I would also note that it is important to be tenacious. It helps you to push forward when there are obstacles placed in your path.” 11. CLAIRE HATCHER, Criminal Defence Lawyer at Pender Litigation: “Be flexible as to the path you take, but know that it is really a rewarding career (even if it sometimes feels like the worst decision you ever made). Give yourself perhaps a 5-year period where you know you’re going to have to work almost every day, at least to some extent, and perhaps for people who really aren’t that kind or considerate of your time or wellness. Go the extra mile with your research and written work product – and as a junior, make yourself indispensable both inside and outside of court.” 12. ANU K. SANDHU, Family and Professional Regulation Lawyer: “I suggest focusing less on where the crowd is going and turning inward to understand why you pursued law and how you want to work. There is so much room to do various and interesting pieces of work that reflects you. Supporting each other on social media or through notes or even by meeting for coffee/drinks and actively putting yourself out there is something I would encourage (even if you have children!). I also think that young women need to be careful not to undersell themselves and to be clear about things that they do not want to do or behaviour you will not tolerate (follow your intuition!). It isn't always easy but it will leave you with a sense of integrity.” 13. JESSICA PRINCE, Chief of Staff to the Minister of Justice and Attorney General of Canada, Jody Wilson-Raybould: “I have an incredible network of women lawyers across the profession. When I was still in practice, we would refer work to each other, and if we had a file in an area that none of us could cover, for example a real estate matter, we would fish around for names of female real estate lawyers and make sure that the work went to a woman. Show your sisters some love and send them your conflict work.” 14. ELLIOT SPEARS, General Counsel, Law Society of Ontario: “Do it because you want to do it. Do everything to the best of your ability. Know yourself. Be true to who you are. Do it your way. And make sure to have something in place that will restore you after your battles, be it a family and/or friend support system or some activity outside of the legal world.” 15. BINDU CUDJOE, Senior Vice President, General Counsel & Corporate Secretary at Canadian Western Bank (previously Vice President and Deputy General Counsel at BMO Financial Group): “Developing resilience is our greatest opportunity – it is what keeps us trying even when the systemic barriers remain, when we stumble over difficult clients, when we struggle to juggle all of the responsibilities we have at work and home. The drive to keep trying is powerful, and it means that one day we will see meaningful inclusion throughout society so we can reap the benefits of diverse perspectives and experiences.” 16. SHANNON SALTER, Chair of the Civil Resolution Tribunal: “Sometimes the inequalities women face seem so big and insurmountable that people don’t know where to start, or even that they might, unwittingly, be part of the problem. So use your spot at the table to make inequality visible, and make it impossible to ignore.” 17. DYANOOSH YOUSEFFI, Legal Studies Professor, Writer and Social Advocate: “Look deep within your heart. What is the thing that you wanted to do as a child? What is the thing that still makes you cry? What is the thing that tugs at your heart? Pursue THAT.” 18. CHARLENE THEODORE, Legal Counsel for the Ontario English Catholic Teachers Association: “You need to put in the time and gain experience to have full agency over your career - you can’t circumvent that. That being said, earning a law degree in this country bestows privilege. You didn’t put in all of that work to be stuck in a job you hate. Always know that you have options - at every single stage of your career.” 19. NICOLE CHROLAVICIUS, Counsel at PooranLaw Professional Corporation: “Follow your true passions! While it may be easier to follow the safe path, true happiness sometimes lies in that curved, uncertain road less travelled. It may take some time to find it, but you’ll be glad you stayed the course.” 20. MAY CHENG, Certified Specialist in Intellectual Property (Trademark & Copyright) Law and Partner at Osler, Hoskin & Harcourt LLP: “Success is not just the partner role in the corner office, it can be leaving big law to start your own firm working from home, or going in house with a start-up. Law degrees are becoming more of a calling card for a broader range of professional careers than ever before. Find what you love and go after it. And don’t let anyone tell you what you’re worth!” 21. JANIS CRIGER, Bencher at the Law Society of Ontario: “Network, particularly with other women. Amplify other women every chance you get and ask that they do the same for you. Be a card-carrying member of the sisterhood and speak honestly to other women about why they need to be members too.” 22. RENATTA AUSTIN, Family and Criminal Law Lawyer at Eglinton West Law Office: “My advice to women starting their career in law is to claim your space. We are often told to put our head down, work hard, play by the rules and wait for our turn. That approach has not worked for a lot of women who feel like they lack control over their lives and careers or find that they’re still bumping up against all kinds of glass ceilings. I say kick down the ceiling and claim your space.” 23. LAURIE LIVINGSTONE, Litigator at Cassels Brock & Blackwell LLP: “I believe that as each glass ceiling is smashed, it creates a longer runway for the next generation of women to gain momentum before they start hitting barriers. I believe that increased momentum is, and will continue to, speed up the rate at which we smash through each successive barrier and even more rapid change will follow.” 24. NATHALIE GODBOUT, QC, Partner and Co-Founder, Godbout Fawcett: “. . . don’t let the world tell you how you are supposed to do this. You can and should design your practice and your life to be a reflection of your goals and your core values. . . Don’t give in to the archaic constructs of this amazing profession of ours. We can and will change it; in fact, it’s already happening.” 25. LISA JEAN HELPS, Criminal Defence Lawyer and Founder, Helps Law Corporation: “Women are starting to push past the natural barriers of the practice thanks to women-led firms and family-centric practices. I think we’re going to see huge strides in the next generation as the practice starts being flexible to accommodate women and men who want to be parents and skilled trial lawyers at the same time.” 26. MEG CHINELO EGBUNONU, internationally trained corporate-commercial and business lawyer, newly called in Ontario: “While fear will see you making initial mistakes, and feeling lost 95% of the time, courage will push you to rise above the mistakes, apply yourself to the job at hand, and eventually shine through the assignment. And when it is time to make the fearful career risks, it is courage that will help recognize opportunities, while listening to your gut instinct.” 27. MELANIE SHARMAN ROWAND, Patent Agent and Lawyer, Torys LLP: “Work hard to distinguish yourself early in your career. If you establish a solid reputation now it will open doors for you later. Get as much experience as you can and be proactive in shaping your career by seeking out work that interests you.” 28. GILLIAN HNATIW, Partner, Adair Goldblatt Bieber LLP: “. . . I have fought to be valued for who I am, rather than what someone else wants me to be. One of my key mentors, Jasmine Akbarali (now Madame Justice Akbarali!), taught me that if you can’t get where you want to go without being true to who you are, you either have to pave a new road or pick a new destination.” 29. ERIN BEST, Partner, Stewart McKelvey: “I see adversity as an opportunity. If something looks difficult, fewer people will do it, even if the reward is great. That is a scenario that attracts me. Sometimes it is just a matter of having the confidence to put your hand up to volunteer for a task. Sometimes you have to be vocal about asserting your willingness and your ability. . .Go all in.” 30. MELISSA MCBAIN, Partner, Daoust Vukovich LLP: “Remember that you are the captain of your own ship; don't let anyone else take the wheel. You get to decide how you want to live. Don’t worry so much about pleasing other people or living by someone else’s standards or rules.” 31. ALEXI WOOD, Partner and Founder, St. Lawrence Barristers LLP: “Experience is important and deserves to be considered, but not blindly followed. We have the opportunity to evaluate the status quo, and consider if there are ways to improve. It is essential that we ask questions, critically evaluate the answers, and forge our own paths where existing structures aren’t adequate.” Several people wrote to me to suggest that I profile Alexi Wood as part of this series. So here she is! Alexi tells us about her unique path in law, why she chose the path she did, and provides advice for lawyers starting on their own paths: 1. Tell me a little about your practice or business: I love my current practice! In September 2017, I founded St. Lawrence Barristers LLP with Phil Tunley. St. Lawrence Barristers is a cutting-edge litigation boutique, that assists clients in a range of commercial and regulatory matters. My practice areas include commercial litigation, health law, privacy, defamation, and harassment. I act for a wide range of clients, including individuals, small and medium size businesses, and not for profit companies. I have acted for clients before a variety of administrative tribunals, at all levels of court in Ontario, and at the Supreme Court of Canada. In addition, I am an adjunct professor at the University of Toronto Faculty of Law where I teach Advanced Torts and Trial Advocacy. 2. Why did you go to law school? I went to law school to work in international human rights and humanitarian law. I was fortunate to work for a couple of different international NGO’s right after law school (in South America and Africa) and with the UN in Geneva. I then moved back to Toronto, where I grew up, and went to work for the Canadian Civil Liberties Association for 5 years. I did the reverse of what a lot of people do – I started in not for profit, and then moved to private practice. It was only after that work, and 7 years after I graduated from law school, that I articled, and have been in private practice since. 3. How did you get to where you are today? Design? Chance? Both? I have always been guided by a strong belief in social justice, which was instilled in me by my grandfather who taught me to “make a contribution.” I have never been one to measure my life in certain expected milestones. At each stage in my practice, I have considered opportunities that arose and made choices, which led me to where I am now. I started my own firm for a variety of reasons. A main reason was to be able to have the freedom to control my practice – not just in the areas of law in which I practice but in the way in which I practice. My practice allows me to tackle interesting legal issues and challenges, while maintaining a strong social justice practice. I also like to believe I have been able “to make a contribution” to the practice of law in a variety of ways, whether it be contributing to the law by helping to push the boundaries of legal precedent or contributing to the profession by mentoring and teaching. 4. What is your most significant achievement? What are you proud of? Opening my own firm is high on the list of my most significant achievements! I have had many incredible opportunities that all built towards opening St. Lawrence Barristers last year. I am very proud to have contributed to the advancement of the law for a range of amazing client and organizations, including appearing before the Supreme Court of Canada on behalf of the Canadian Civil Liberties Association on a variety of issues such as privacy and police powers. Since founding St. Lawrence Barristers, I am proud of the work I have done assisting my clients. In particular, I am very proud to have represented, along with two exceptional lawyers, my colleague Jennifer Saville and co-counsel Tatha Swann, a group of actresses who alleged they experienced harassment while working at Soulpepper Theatre Company. In reaching an early resolution to this matter, I am proud of the way we advocated for our clients and contributed to the discussion about harassment and gender discrimination. 5. What are some key challenges, and more importantly, opportunities for women in law? This is an interesting time to practice law in Canada. While there is still a lot of work to do, women are succeeding in breaking through barriers, including the standard responses of “this is how we’ve always done it” and “this is how things work in the practice of law.” Experience is important and deserves to be considered, but not blindly followed. We have the opportunity to evaluate the status quo, and consider if there are ways to improve. It is essential that we ask questions, critically evaluate the answers, and forge our own paths where existing structures aren’t adequate. 6. What advice would you give a woman starting her legal career? There are many different measures for success, and the traditional firm model is not the only model. There are benefits to starting (or staying) in a traditional firm, but it’s not the only option. Your career is long and there are many different paths you can choose at different stages. Don’t be afraid to ask why. Ask the tough questions, evaluate the answers, and choose the path that is right for you. -------------------------------------------------------------------------------------- Thank you Alexi for taking the time to answer these questions and participating in this series! ICYMI: Previous posts profiled Melissa McBain, Erin Best, Gillian Hnatiw, Melanie Sharman Rowand, Meg Chinelo Egbunonu, Lisa Jean Helps, Nathalie Godbout Q.C., Laurie Livingstone, Renatta Austin, Janis Criger, May Cheng, Nicole Chrolavicius, Charlene Theodore, Dyanoosh Youssefi, Shannon Salter, Bindu Cudjoe, Elliot Spears, Jessica Prince, Anu K. Sandhu, Claire Hatcher, Esi Codjoe, Kate Dewhirst, Jennifer Taylor, Rebecca Durcan, Atrisha Lewis, Vandana Sood, Kathryn Manning, Kim Hawkins, Kyla Lee, and Eva Chan. Sign up to have these profiles sent directly to your email address and stay tuned for the next post soon! I started this blog series because I was tired of hearing about women leaving law and wanted to hear about women leading in law. The "Women Leading in Law" series focuses on good news stories and highlights amazing women succeeding in the legal profession. Each post includes the profiled lawyer's answers to six questions. Prepare to be inspired! The series will be "pausing" at the end of December 2018 for something new and will return at a later date. This profile, featuring Melissa McBain a partner at Daoust Vukovich LLP, came about thanks to The Advocates' Society End of Term Dinner this year. A lawyer at my table, Daniel Waldman, told me he enjoyed reading my blog (*blush*) and that Melissa would be the perfect lawyer to profile in this series. I agree. Read on to learn more about Melissa, her career and her advice to new lawyers: 1. Tell me a little about your practice or business: I am a partner at Daoust Vukovich LLP. Considered one of the best law firms in Canada for commercial property, leasing and development, Daoust Vukovich LLP has a team of highly qualified lawyers and law clerks serving the specialized needs of clients who acquire, develop and use commercial real estate, whether as landlords or tenants. Our firm is unique and exceptional in that it is the only boutique law firm of its type in Canada. Our approach to the law, in our areas of practice, is practical and "real world". Understanding our clients' businesses is our priority. We provide expert industry knowledge with a business-minded approach, to effectively and timely achieve our clients’ goals. We are also the lawyers who teach lawyers; we are well attuned to new legal developments in the areas of property leasing, real estate and related litigation. Our firm is also unique in that we have as many women in the partnership as we do men! My law practice is dedicated to representing commercial landlords and tenants in a variety of commercial leasing matters. Over the years I have developed expertise in managing commercial lease transactions for all types of properties, including office, retail, industrial and mixed-use. My practice includes the interpretation of commercial leases and the coordination of major projects, including multi-location deals and due diligence on acquisitions. In connection with my law practice, I am also active in commercial leasing and real estate industry organizations. I frequently write and speak at legal and industry conferences and seminars including the International Council of Shopping Centers (ICSC) Canadian Law Conference, and the Law Society of Upper Canada. I am a member of Toronto CREW (the Toronto Commercial Real Estate Women’s Association), an active member of the Greater Toronto NAIOP Programs Committee, as well as the Program Planning Committee for the Canadian Law Conference of the ICSC. I was the Vice-Chair of the ICSC 2018 Canadian Shopping Centre Law Conference Program Planning Committee and am currently the Chair of the ICSC 2019 Canadian Shopping Centre Law Conference Program Planning Committee. 2. Why did you go to law school? Truthfully, I wasn’t sure what else to do with my honours degree at the time and had no idea whatsoever what I was signing up for! I thought about being a teacher or a psychologist (I majored in psychology), but neither of those options completely drew me in. By fluke, in 3rd year of undergrad, I went with a friend who was interested in law school to hear the Dean speak about applying. Law school was never on my radar before that, and afterwards I thought to myself “hey, I have high marks and that sounds like something that could open a lot of doors, maybe I should apply!”. While that story is not even a little bit inspiring, I believe it is a common one as I met several others in law school with similar experiences! 3. How did you get to where you are today? Design? Chance? Both? Definitely both. Prior to graduating law school, chance probably played the biggest role and I would probably not describe my path as being ‘strategic’ at that stage in my life. The words “young and foolish” do come to mind! I was a summer student at our firm in 2nd year of law school and returned as an articling student, became an associate, and then was admitted into the partnership. It was at the articling stage that I really started to focus on my career path in terms of where I wanted to go with my legal practice and in the real estate industry. Since then, the trajectory of my career has been largely impacted by deliberate decisions. 4. What is your most significant achievement? What are you proud of? Professionally, I am most proud of being a member of our firm’s partnership. This is not because of typical assumptions about status or achievement that arise from the concept of being a “partner of a law firm” (though that definitely does help a little when you walk into a boardroom full of 50 year old men), but because I truly have a seat at the table with this wise and wonderful group of individuals. I have a voice and opportunity and I do not take that for granted. With the support and influence of each of my partners, over the last 11+ years at this firm, I have built a thriving legal practice and a strong profile as an expert in my practice area. As a result of this support and influence (and, of course, my own hard work and dedication to my career), I was named in the 2019 Best Lawyers™ in Canada list. 5. What are some key challenges, and more importantly, opportunities for women in law? In terms of challenges, in my view, there is no denying that the “boys’ club” mentality is still alive in the legal profession. I don’t think I need to belabor this point. Suffice it to say that it is, in fact, real and it still exists. I think it is one of the key challenges for women in law (as it is in many professions), especially when combined with ageism (i.e. those negative assumptions that are made about the capabilities of young women). We still often have to prove ourselves twice and that is a challenge. And, more than that, it’s infuriating. Now that I have vented, there are many great opportunities for women in law, there is also no denying that. This blog series provides evidence of that. One of the great opportunities I have experienced in the legal profession is having strong mentors and champions (both men and women). Finding the right mentors and champions opens up a lot of opportunity in the legal profession – these are the people who actively support you, and ensure your experience and career is propelled and that you receive recognition. 6. What advice would you give a woman starting her legal career? Remember that you are the captain of your own ship; don't let anyone else take the wheel. You get to decide how you want to live. Don’t worry so much about pleasing other people or living by someone else’s standards or rules. Singer, songwriter and record producer, Santigold, said it best: “I can say I hope it will be worth what I give up If I could stand up mean for the things that I believe” ------------------------------------------------------------------------------------------------- Thank you Melissa for taking the time to answer these questions and for your great advice! ICYMI: Previous posts profiled Erin Best, Gillian Hnatiw, Melanie Sharman Rowand, Meg Chinelo Egbunonu, Lisa Jean Helps, Nathalie Godbout Q.C., Laurie Livingstone, Renatta Austin, Janis Criger, May Cheng, Nicole Chrolavicius, Charlene Theodore, Dyanoosh Youssefi, Shannon Salter, Bindu Cudjoe, Elliot Spears, Jessica Prince, Anu K. Sandhu, Claire Hatcher, Esi Codjoe, Kate Dewhirst, Jennifer Taylor, Rebecca Durcan, Atrisha Lewis, Vandana Sood, Kathryn Manning, Kim Hawkins, Kyla Lee, and Eva Chan. Sign up to have these profiles sent directly to your email address and stay tuned for the next post soon! I started this blog series because I was tired of hearing about women leaving law and wanted to hear about women leading in law. The "Women Leading in Law" series focuses on good news stories and highlights amazing women succeeding in the legal profession. Each post includes the profiled lawyer's answers to six questions. Prepare to be inspired! The series will be "pausing" in December 2018 for something new and will return at a later date. This week we are heading to the East Coast to learn about Erin Best a partner at Stewart McKelvey in St. John's Newfoundland. I was introduced to Erin when I reached out to my network so I could profile more women lawyers outside of Ontario. Read on to learn more about Erin's life before law and her interesting litigation practice. She also has the "Best" first name too! (Okay, that was a painfully bad attempt at a pun but I felt I had to having the same name and all - Don't worry I'll stick to lawyering/blog-writing. . .) 1. Tell me a little about your practice or business: I am primarily a litigator. I started out doing insurance defence and found this to be an excellent way to hone my skills since I got to run a high volume of files through the litigation process. Now, as chair of our NL litigation group I have the privilege of being exposed to many diverse areas of litigation. I’m happiest when I am learning something new, so litigation suits me in that regard. I’m currently acting as counsel for our former premier at a public inquiry so I am in hearings full time for about 10 months. I learn something new every day. It’s wonderful. Another area I practice in is IP. I was a singer before I went into law so I have always had a keen interest in copyright which grew into an interest in intellectual property generally. My intellectual property practice and the pro bono work I do in that area has become an exciting and meaningful part of my life. 2. Why did you go to law school? I recommend law school to anyone with a thirst for learning, whether you plan to be a lawyer or not. I went to law school because I wanted to be a lawyer. I admire the ethics and the integrity of the profession. 3. How did you get to where you are today? Design? Chance? Both? I came to law a little later than my classmates and I have always felt like my maturity gave me a little extra perspective. I have worked hard but I think working smart is more important. I always take the time to take stock, think and plan. That time spent planning has been crucial. That being said, law is demanding and I have been lucky to be healthy enough to keep up. 4. What is your most significant achievement? What are you proud of? I have had some great experiences in the NL courts, but I am the type of person who will always look back and remember what I could have done better. I am very proud of my pro bono work for musicians and artists in NL. I have put in a lot of hours in that area and made friends for life. I felt pretty good when I walked up to the stage to accept my Leading Lawyer Under 40 award, not because I won the award, but because so many people from my firm flew to Toronto to cheer me on. That was really something. As for my most significant achievement, my network and my practice are continuing to expand at a rapid rate, so I think my most significant achievement is yet to come. 5. What are some key challenges, and more importantly, opportunities for women in law? I see adversity as an opportunity. If something looks difficult, fewer people will do it, even if the reward is great. That is a scenario that attracts me. Sometimes it is just a matter of having the confidence to put your hand up to volunteer for a task. Sometimes you have to be vocal about asserting your willingness and your ability. I constantly seek out role models who can inspire me to build that confidence and I have found many. My firm has a female CEO and CFO, both incredible people. I am a big fan of Eleanor Beaton, Amy Cuddy... I could go on. 6. What advice would you give a woman starting her legal career? Go all in. You read so much about work-life balance these days, but the truth is that balance is different for everyone. Trying to mimic someone else’s idea of balance is futile. For example, we are often told that we need to unplug and take time away from work to manage stress. Leave work at the office they say. Well, I find that funny because it was not until I gave myself over to the practice of law as a lifestyle that I realized what work-life balance meant for me. Law is not a 9-5 job. I prefer to allow my life experience to inform my practice and vice versa. I need to love what I do, otherwise what is the point of doing it? I don’t shut off my lawyer brain when I go home for the evening. Quite the opposite actually. Most of my best thoughts on a file happen while I am walking my dog or watching a great concert or spending time with family. Once I immersed myself in my practice in this way I started to find it more satisfying and ultimately, less stressful. ------------------------------------------------------------------------------------------------------------------------- Thank you Erin for taking the time to tell us about your practice and your legal career to date. And thank you to my Twitter network for introducing me to Erin! ICYMI: Previous posts profiled Gillian Hnatiw, Melanie Sharman Rowand, Meg Chinelo Egbunonu, Lisa Jean Helps, Nathalie Godbout Q.C., Laurie Livingstone, Renatta Austin, Janis Criger, May Cheng, Nicole Chrolavicius, Charlene Theodore, Dyanoosh Youssefi, Shannon Salter, Bindu Cudjoe, Elliot Spears, Jessica Prince, Anu K. Sandhu, Claire Hatcher, Esi Codjoe, Kate Dewhirst, Jennifer Taylor, Rebecca Durcan, Atrisha Lewis, Vandana Sood, Kathryn Manning, Kim Hawkins, Kyla Lee, and Eva Chan. Sign up to have these profiles sent directly to your email address and stay tuned for the next post soon! I started this blog series because I was tired of hearing about women leaving law and wanted to hear about women leading in law. The "Women Leading in Law" series focuses on good news stories and highlights amazing women succeeding in the legal profession. Each post includes the profiled lawyer's answers to six questions. Prepare to be inspired! The series will be "pausing" in December 2018 for something new and will return at a later date. This week this blog series features leading lawyer Gillian Hnatiw. I believe I first "met" Gillian a few years ago on Twitter and then subsequently in real life at various legal networking events (yes, the legal community in Toronto is rather small). I have always been impressed with Gillian's unwavering commitment to advancing equality and I love her no-B.S. feminist tweets. Read on for Gillian's reflections on her career, her achievements, and advice for new lawyers. 1. Tell me a little about your practice or business: I am a partner with Adair Goldblatt Bieber LLP in Toronto. I have broad civil litigation practice with particular expertise in claims for sexual assault and harassment, as well as other types of gender-based violence like voyeurism, the non-consensual distribution of intimate images and other forms of image-based violence. In addition, I practice in the fields of administrative law, health law, professional liability and regulation, and employment law, with some general commercial litigation and appeal work thrown into the mix. I really enjoy Inquests and Inquiries, and have been lucky to be involved in some major ones over the years (namely the Coroner’s Inquests into the deaths of Ashley Smith and Katelynn Sampson). I have also been fortunate to do some high level intervention work for organizations like the CCLA and LEAF, which has given me the opportunity to get on my feet at the Supreme Court a couple of times. So every day is different! Outside of my ‘paid practice’, I am on the Board of Directors for the Women’s Legal Education and Action Fund (LEAF), which is dedicated to advancing substantive equality rights for women and girls in Canada through litigation, law reform and public education. It is, in essence, the litigation arm of Canada’s women’s movement. LEAF has been integral in shaping sexual assault laws and safeguarding reproductive rights for more than 30 years. Although it consumes increasing amounts of my time these days, I am very proud of the work it does. 2. Why did you go to law school? I don’t have a very good answer! The truth is, I was starting the fourth year of a history degree at Queens and had no clear plan about what I was going to do next. Law school was an idea that I had been tossing around, but mostly to placate all the adults in my life asking ‘what are you going to do?’ Then all of the sudden it seemed like everyone in my program was writing the LSAT and actually applying to law school. I was sort of swept along with the tide. I explored a range of other options, from various post-graduate programs to teaching English abroad, but when I was admitted to U of T’s Faculty of Law in January it became a bit of a foregone conclusion that I would go. I recognize there’s a lot of privilege in my ‘gee whiz, it just happened’ story - and I will say in my partial defense that I worked my ass off throughout undergrad – but that’s basically what happened. In truth, I wish I had wanted it more at the time. I recall having reservations about whether law school was the right path for me, but nobody I spoke with at the time would validate those reservations. I was repeatedly advised that a law degree would never hurt me (which I admit I’ve come to agree with) and that I would be foolish to pass up the opportunity. Also, I had the good fortune of enrolling in 1999, when tuition was not as crushing as it is today. I was able to make the decision to attend without facing the prospect of spending $100,000 for my degree. Law school itself was a real mixed bag of experiences for me. First year was very disorienting, in part because I arrived with no clear idea of why I was there in the first place. By contrast, it seemed like all of my classmates had a clear sense of purpose that I both lacked and envied. Firms from Bay Street and Wall Street were omnipresent on the University of Toronto campus and I recall really struggling with all the pressure to ‘network’ and land a big firm job. It was difficult to have credible conversations about what I was looking for in an articling experience when I wasn’t even sure I wanted to practice. I have never been very good with insincerity or just telling people what they want to hear. In hindsight, I know I wasn’t the only one in my class who was struggling with these things, but it sure felt that way at the time. The law finally started to click for me when I began volunteering at Downtown Legal Services, U of T’s legal clinic. I took it for credit in second year and began hiding out there as much as possible. I ultimately served on the clinic’s Executive in my third year. I sometimes say that I “majored” in clinic. Once I started working with real clients who had real problems, the law started to make sense to me, both as a field of study and as a profession. 16+ years later, it’s the clients that continue to anchor my commitment to practice. 3. How did you get to where you are today? Design? Chance? Both? I would say a healthy mix of both. In my early years, it was probably more chance than design. After summering at Downtown Legal Services, I articled at Lerners in Toronto. Despite my lingering reservations about Bay Street, it turned out to be a great fit for me. As a student, it is so difficult to know what you are getting into, especially when job offers get made so far in advance and your interests are still evolving. I knew I wanted to litigate, but I was very unsure about private practice. I had this idea that I would be buried in research, miles away from any client, for years. Fortunately, that was not my experience at all. Lerners was pretty small at the time (approximately 25 lawyers in 2002) and I was given a lot of hands on opportunity from the start. To my surprise, I really thrived at the firm. I was hired back after my call to the bar in 2003 and ended up practicing there for fifteen years, first as an associate and then as a partner. As my career evolved, I became more intentional about charting a specific course and practicing on my terms. I have been involved in sexual assault work since my articling year. I was lucky enough to junior for Elizabeth Grace, who is one of the pioneers in the area. From the beginning, the work really resonated with my feminist principles and gave me a deeper sense of purpose. At the same time, it involves a lot of emotional labour and I cannot do it all the time. I’ve always counter-balanced my assault work with other areas of practice. In my early years, I also did a lot of complex corporate commercial litigation with Earl Cherniak and others. It resulted in an eclectic practice mix, but I really enjoyed it. The intellectual challenge of the commercial work offered a healthy counter-balance to the particular needs of my sexual assault clients. I learned a ton about litigation and built my basic skills. Five years and two kids into my career, I was finding it increasingly difficult to juggle everything. With Elizabeth’s support, I orchestrated some changes that allowed me to begin practicing in the areas of health and professional regulation. The work was still challenging, but the pace was slightly more predictable. Plus, the tort law principles that animate most medical malpractice claims dovetail with the theories of causation and damages that underpin most sexual assault claims. By narrowing my focus for awhile, I was able to feel more on top of things during a hectic era in life. Most recently – fifteen years and three kids into my career – I made some very big and very intentional changes to my practice. In February, I left Lerners to join Adair Goldblatt Bieber, a new Toronto litigation boutique that opened its doors on January 1, 2018. At this point in my life, I have a much clearer sense of what I want the next 15 years of my career to look like. I also have a better sense of the compromises that I am and am not willing to make to get there. Lerners changed a lot during my time there. Staying at the firm was going to require me to make too many compromises, and I realized I wouldn’t be happy in the long run. So it was by design that I started looking around for a new home. However, it was incredible good fortune that the exact firm I was looking for – young, smart, dynamic, courageous - came into existence at the same time that I was looking to make a change. I have known and respected Jordan Goldblatt for years, but it was largely chance that made him my partner. 4. What is your most significant achievement? What are you proud of? That’s a really tough question. Professionally, I think it’s a significant achievement to have built a practice that is both intellectually and personally fulfilling. I’m proud of the work I do for assault survivors, who struggle to secure ‘justice’ through the legal system. I’m very proud of my advocacy on equality issues generally, through my paid practice, my pro bono practice, and my work for LEAF. And I’m proud of the time and effort I invest mentoring younger women in the profession and helping them to advance. I’m also proud of the fact that I’ve built a practice that is meaningful to me. I’ve always been a feminist. In law school, the idea that I would be able to weave my feminist ideals into a Bay Street practice seemed impossible. But, somehow, that’s the reality of my practice today. It hasn’t been without compromise or sacrifice – there have definitely been points in my career when I have paid a price for rejecting political expedience or refusing to bend to someone else’s idea of what my career path should look like – but I have fought to be valued for who I am, rather than what someone else wants me to be. One of my key mentors, Jasmine Akbarali (now Madame Justice Akbarali!), taught me that if you can’t get where you want to go without being true to who you are, you either have to pave a new road or pick a new destination. In my personal life, my most significant achievement is my kids. Super cliché, but undeniably true. They’re currently 6, 10 and 12 years old. I am super proud of the interesting, independent humans they are becoming. Overall, I think I am most proud of the fact that I have built a successful practice while remaining true to myself and investing in life on multiple fronts. It is not easy to balance a public-facing career with the needs of a young family. This is not news to anyone. But I wanted a career and I wanted a big family. I'm so glad I didn’t cave to the pressure to give up one for the other. 5. What are some key challenges, and more importantly, opportunities for women in law? Some of the challenges are obvious. I feel like I end up talking a lot about babies in these types of interviews, but my kids have had the most obvious impact on my career path to date. The first decade of practice felt like a revolving door of maternity leaves. My grasp on any ‘career’ often felt tenuous. My husband and I graduated from the same class at U of T. We articled in the same year (different firms!) and were called to the bar at the same time. But our career arcs have been very different. In addition to my three maternity leaves – he never took paternity leave – I slowed down for a few years when the kids were really young. We knew that we couldn’t both take a run at partnership at the same time, so we made a conscious decision to prioritize his career for a few years. It was only after our third child was born in 2012 that I committed to building a practice and a profile in earnest. The past six years have been intense. It often felt like I would never catch up and there were many times that I seriously considered leaving private practice. But I am so glad I stuck it out. If you can find a way to hang in through the tough early years of practice and parenthood, it does get better. But you need to stick it out. A related challenge lies in the fact that the ranks of women in private practice tend to thin as you become more and more senior. Where do they all go? Think of all the firms you know. How many of them include (let along start with) the name of a woman? Thanks to the systemic barriers that have traditionally worked to push women out of private practice – the ‘old boys’ networks, the ‘mommy track’, the everyday sexism women face in boardrooms and courtrooms – they are few and far between. This can make it harder for women to find mentors and sponsors to help them advance to the next stage of their career. I’m only in my sixteenth year of call and already it feels like I beat some significant odds. However, I am encouraged by the fact that many of the women in my cohort are treating this phenomenon as an opportunity to support and amplify each other. I am part of some amazing women’s networks and I really feel like I have some incredible allies out there. And I would be remiss if I didn’t point out that there are many men in the profession who are extremely supportive as well. My current partners are all male and it’s hard for me to overstate how supportive they are of my practice and my plans. Which brings me to opportunities: I am optimistic that the profession is finally starting to appreciate the importance of diversity. Not just as a watchword, or as a feel-good initiative, but as a necessary ingredient to running a successful firm or business. Study after study has demonstrated that a plurality of voices lead to less group think, better decision making and, ultimately, a stronger organization. 6. What advice would you give a woman starting her legal career? 1) Take the long view. It is marathon not a sprint. For many reasons, the early years are daunting: the hours are long, the expectations are high, the financial pressures significant. If you are like I was at that stage, you will spend a large part of everyday feeling like you have no idea what you’re doing. It feels like everything is riding on your performance on a day to day basis and that you can’t afford to take a breath or a break. But there is a long arc to anybody’s career. It is important to take the time to invest in yourself long term. Check in with yourself every 6 months and make sure you’re still happy with the direction your career is heading. If the answer is no, invest the time to course correct. 2) Seek out mentors and sponsors. It’s hard to overstate the importance of having someone you trust to show you the ropes and help direct opportunities your way. Mentorship is a bit like dating - you have to click with someone for it to really work, and you’re likely to have a few false starts. Stick with it. If you can’t find someone within your firm or organization, get involved in an external organization that lines up with your area of practice or identify someone who looks like they have the career you want and reach out. Put yourself in the path of the right person. 3) Be true to yourself. Sometimes, the advice to lawyers in their early years is to say “yes” to everything that comes your way. I only partially agree with this. Yes, you should be willing to give up some sleep and social time for opportunities that will help you build the practice you want. Yes, you should network broadly and pay attention to building your reputation. But that doesn’t mean you should say yes to absolutely everything. Be sure to safeguard your personal relationships and your mental health. Also, give yourselves permission to recognize there are many ways to be successful. Be sure that the goals you’re pursuing are, in fact, your goals. ---------------------------------------------------------------------------- Thank you Gillian for taking the time to answer these questions so thoughtfully and for giving us a glimpse into your career. ICYMI: Previous posts profiled Melanie Sharman Rowand, Meg Chinelo Egbunonu, Lisa Jean Helps, Nathalie Godbout Q.C., Laurie Livingstone, Renatta Austin, Janis Criger, May Cheng, Nicole Chrolavicius, Charlene Theodore, Dyanoosh Youssefi, Shannon Salter, Bindu Cudjoe, Elliot Spears, Jessica Prince, Anu K. Sandhu, Claire Hatcher, Esi Codjoe, Kate Dewhirst, Jennifer Taylor, Rebecca Durcan, Atrisha Lewis, Vandana Sood, Kathryn Manning, Kim Hawkins, Kyla Lee, and Eva Chan. Sign up to have these profiles sent directly to your email address and stay tuned for the next post soon! I started this blog series because I was tired of hearing about women leaving law and wanted to hear about women leading in law. The "Women Leading in Law" series focuses on good news stories and highlights amazing women succeeding in the legal profession. Each post includes the profiled lawyer's answers to six questions. Prepare to be inspired! The series will be "pausing" in December 2018 for something new and will return at a later date. A few months ago, a reader of this blog series asked if I could profile women lawyers who successfully re-entered the practice of law after taking some time away. The leading lawyer profiled in this post, Melanie Sharman Rowand, did just that: successfully returned to practice after a nine year break. Read on to learn more about Melanie's practice, her experiences and her tips for lawyers starting their legal careers: 1. Tell me a little about your practice or business: I am a patent agent and lawyer in the IP and Regulatory Group at Torys LLP in Toronto. I have an advanced degree in botany/biology and specialize in the life sciences sector – including food and agriculture, pharmaceuticals, and biotechnology. My clients range from start-ups and universities to leading national and international corporations. I use my science background every day and am always learning something new. 2. Why did you go to law school? I was in graduate school and felt that law school would open up a variety of career options. My game plan was to become a patent lawyer, which was what I ended up doing. 3. How did you get to where you are today? Design? Chance? Both? Both – plus a lot of hard work and the good fortune to work with progressive colleagues. My career path was unusual in that I took off 9 years after my second daughter was born. I stayed in touch and was very fortunate to be given the opportunity to return to my old firm. I worked very hard to establish myself in the early years of my practice and I worked very hard to relaunch my career when I returned to work. There are a lot of talented and experienced women who took time off when their children were young and are looking to re-enter the workforce – there is a lot of untapped potential out there. 4. What is your most significant achievement? What are you proud of? Relaunching my practice was my biggest challenge and proudest accomplishment. I have been back at work for four years now and it almost feels like I never left. However, I have come back with a little more life experience and maturity, which can be helpful when interfacing with clients. 5. What are some key challenges, and more importantly, opportunities for women in law? There are tremendous opportunities for women in law. But for those women who wish to have children, there can be a tension between the timing of their biological clock and the partnership track. On the positive side, women (and men) have more options than ever before. Law firms are becoming more open to alternative working arrangements, and there are an increasing array of in-house options to choose from. 6. What advice would you give a woman starting her legal career? (i) Work hard to distinguish yourself early in your career. If you establish a solid reputation now it will open doors for you later. Get as much experience as you can and be proactive in shaping your career by seeking out work that interests you. (ii) Foster connections with colleagues and classmates and treat everyone with respect– remember that it is a really small bar with lots of mobility so your fellow classmates and colleagues may be future clients, employees or employers. (iii) Tap into the women’s networking groups – they are fantastic. (iv) When an opportunity falls in your lap, don’t be afraid to run with it. (v) Work hard and do your best, but don’t be overly hard on yourself – if you have a setback, dust yourself off and keep going. -------------------------------------------------------------------- Thank you Melanie for taking the time to answer these questions (these questions can be hard to answer!) and for sharing your experiences with us. ICYMI: Previous posts profiled Meg Chinelo Egbunonu, Lisa Jean Helps, Nathalie Godbout Q.C., Laurie Livingstone, Renatta Austin, Janis Criger, May Cheng, Nicole Chrolavicius, Charlene Theodore, Dyanoosh Youssefi, Shannon Salter, Bindu Cudjoe, Elliot Spears, Jessica Prince, Anu K. Sandhu, Claire Hatcher, Esi Codjoe, Kate Dewhirst, Jennifer Taylor, Rebecca Durcan, Atrisha Lewis, Vandana Sood, Kathryn Manning, Kim Hawkins, Kyla Lee, and Eva Chan. Sign up to have these profiles sent directly to your email address and stay tuned for the next post soon! I started this blog series because I was tired of hearing about women leaving law and wanted to hear about women leading in law. The "Women Leading in Law" series focuses on good news stories and highlights amazing women succeeding in the legal profession. Each post includes the profiled lawyer's answers to six questions. Prepare to be inspired! The series will continue until December 2018. |
Erin C. Cowling is a former freelance lawyer, entrepreneur, business and career consultant, speaker, writer and CEO and Founder of Flex Legal Network Inc., a network of freelance lawyers.
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