Young Women in Law GENERAL BLOG

Reflecting on Key Takeaways From ‘Life After Hireback’

Sandra Buhain — Thu, 06 Jul 2023 12:00:17 GMT

On June 28^th YWL hosted one of our signature annual events, ‘Life After Hireback’. This year’s panel included our very own Sandra Buhain (In-House Counsel at Desjardins), Monica Goyal (Director of Legal Innovation and Lawyer at Caravel Law), Madori Sakamoto (Manager, Professional Recruiting at BLG) and Cheryl Biehler (Assistant Director, Recruitment and Student Development at Fasken). Panelists and participants had an open and honest discussion about how to navigate life after hireback and the first year of practice. I have gathered a few key points from our speakers to share with you here.

I wasn’t hired back – What is the first thing I should be doing?

Receiving some not so great news can be really disappointing and disheartening. It’s ok to take some time to process and accept that outcome. You should also use that time to reflect on your articling experience and do some self-evaluation in terms of better understanding what you liked and enjoyed about an employer or area of law and, just as importantly, what you didn’t like or would have changed.

Rejection is often an opportunity to pursue a path better suited to you. Maybe the office culture wasn’t a great fit. Maybe you would rather practice in a different area of law. Or maybe you would excel in a different work environment. Now is the time to take stock of what’s going to work for you in your next career move. See the many opportunities that lie ahead of you once you start looking!

I’m starting as a First Year Associate. How can I make the most of this year?

You still have a lot to learn as a first year but potentially more control over your work than you did as an articling student. Use this time to ask partners and senior associates if you can sit in on things like mediations or cross examinations if you want more exposure to facets of practice you didn’t encounter while articling. While it is important to make time for committees and volunteering, your work product should be your number one priority and this is the time to build those foundational skills.

I’m thinking about changing my area of practice. How can I make the switch without any experience?

After articling and in your first year of practice, employers are less concerned with specific knowledge as they are with the soft and transferable skills you bring to the table. Drafting, managing timelines and workflows, research skills, communication and negotiation are all examples of skills you have probably developed that can be leveraged across a wide variety of practice areas.

If there is nothing on your resume or transcripts that provides evidence of your interest or aptitude in the area of law you wish to pursue, consider speaking with someone currently in that area and ask them to identify gaps in your experience and how to best fill those gaps. Ask them what they love about their job and what they wish was different. Be mindful of our habit of glamourizing certain areas of law—you may discover the work is not what you imagined it was.

How do I network and build my brand?

Networking will often start at your place of work. Foster the connections you made during articling and don’t forget about your law school classmates. Leverage those closer connections and ask to be put in touch with someone they know in an area of law or firm you are interested in. Connect on LinkedIn, attend networking and continuing legal education events and find volunteer opportunities.

Your brand is best defined as how or what others think of you. In this way, your brand is often synonymous with reputation. Think about how your actions now will affect your reputation at your current employer and the reputation you would like to have for future employers and clients. Being true to yourself and showing others your authentic self is much more memorable and commendable than trying to fit a mold. Your brand can also be built on what others associate you with. Repost articles of interest, write a blog for a practice group or speak about a topic – these are all great ways to build your knowledge and reputation as an expert in your chosen area of law.

Whether you are currently looking for your next role or not, remember to be kind to yourself and others around you. Congratulate yourself for the huge accomplishment of becoming a licensed lawyer! Almost no one has it figured out one year (or even 10) into practice, so give yourself some grace and compassion. If you are in a position to assist your colleagues and past classmates, consider how you can help connect others in your network. Finally, don’t forget to make some time for your physical and mental health, and enjoy the summer!

Marie obtained her Bachelor of Commerce at the University of Toronto and worked for a few years in financial services and investments before returning to school to obtain her J.D. from Western. She is currently completing her articles at a boutique estate litigation firm in downtown Toronto and expects to be called to the Bar in June 2023. During law school Marie was a member of the Western Business Law Clinic assisting local start-ups, Western's In Vino Veritas wine tasting club and participated in several moots and competitions including coaching the Walsh Family Law Moot in her third year. Outside of work Marie enjoys cooking, skiing, travelling and volunteering with Second Harvest.

What To Do If You Are Not Hired Back After Articling

Sandra Buhain — Wed, 21 Jun 2023 19:00:24 GMT

If you're reading this you likely already know you are not being hired back by your current employer after articling or perhaps you don't yet have an offer for an associate/counsel position.

I did NOT get hired back by my articling employer and this is a short account of my experience and what you NEED to do and think about at this time if you find yourself in a similar situation.

At this time in 2019 (which is when I completed my articles), I did not have an answer about whether or not I was going to be hired back. I articled in-house at a company that had historically extended associate positions to all of its articling students. To my surprise, I was one of three articling students that were NOT hired back.

I found this information out in April (a month or so prior to the end of my articles). Admittedly, I was ill prepared and was truly not ready for this. Here are my top tips about what to do if you find yourself in this situation and the things I did or wish I knew at the time. I ended up securing a job and I actually started the day after my call (no rest for the wicked I guess).

1. Start planning

My number one tip is to start planning NOW. This is so important. I wish I had started thinking about this earlier at the time. Half way into your articles or even two thirds into the way, you should begin to start making inquires about where you stand and the status of the hire-back decision if this topic has not yet been addressed.

If you don't have a response then start looking! Do not hesitate. I am a true believer in always looking, even when you at a job that you are happy with. It is so important to just be aware of who is hiring and what jobs are out there. Begin doing this early even when you do not know whether you will be hired back otherwise you will be scrambling later.

I am a planner so I find comfort in having various contingency plans. If you are articling, you are on a contract so you need to accept that things can change. When a company/firm historically hires its students back this just may not be the case for your cohort for whatever reason. Because of this, it is best to be prepared for not being hired back no matter what.

2. Begin applying for jobs

This goes hand in hand with my first point. Begin updating your LinkedIn profile and cleaning up your social media accounts (if your accounts are a mess then you really need to get it together). It is no mystery that in today's day and age, employers WILL look you up. So if there is anything inappropriate on your online accounts this is the time to remove it.

I highly encourage you to get LinkedIn and indicate that you are open to recruiters contacting you in your settings so that any job opportunities you qualify for will pop up in your feed. Places to look are: LinkedIn, Ontario Reports, Indeed, Neuvoo and Zip Recruiter. Diversify where you are looking and sign up for the alerts so you are always aware of what is out there.

When you are applying for jobs makes sure you take the time to carefully review your application, cover letter and any supporting materials so that it is free of errors or inconsistencies/inaccuracies.

3. Network your way out

Networking is so important, get started as soon as you can establishing your connections at your current place of employment. Make sure you attend any networking events (even on your way out). If you are not being hired back, I understand the tendency to be discourage and unmotivated. However I encourage to put your emotions and feelings aside and think of your future, networking is such a valuable skill especially in this field. Being able to connect and maintain relationships on your way out can lead to countless opportunities in the future.

Going to events also allows you to network with people (that you may not necessarily even work with) which can also lead to a potential job opportunities.

4. Approach people for references and letters

Remember those lawyers that assigned you countless tasks as student? That would go around your principal to give you tons of motions/assignments to do? You did the work and you did not complain, now is your time to ask for a favour. Go to that lawyer and secure a reference and/or a reference letter. I would opt for both.

I suggest that you approach this request as professional as possible. First, ask your potential reference for a meeting (in person or by telephone) and then make sure you are asking verbally. Always ask whether there is anything that you can provide to assist him/her with the reference or reference letter (i.e. your resume). Once you have the confirmation that your reference is secured, send an email confirming and thanking this person for agreeing to be a reference and make sure you have their contact information and preferred method of contact. You want to make it simple and easy for your reference to do this for you.

5. Build your precedent bank

The last thing that you need to do is to gather your work! I am sure by this point you have done tons of motions and pleadings for different lawyers. The routine ones are usually not as important as motions that are more complicated and unique. Any opinions, mediation memos, reports, pleadings and motions you've done on complex files for other lawyers - you want to keep this stuff for your personal portfolio and for your own personal reference.

When you begin looking for work you may be asked to provide a writing sample and I find that writing samples prepared in the course of your job are generally more compelling and effective than an academic paper.

These are my top 5 tips and steps you need to take care of on the tail end of your articles to ensure that you are set up for success. For those reading this and are back on the job market, all the best and make sure you take it easy and be kind to yourself during this process.

Find original post here.

Sandra Buhain is currently working as Legal Counsel at Desjardins Insurance practicing civil litigation. She also has a Lifestyle Blog called Simply Sandra where she writes about everything from work to law school, travel and style.

Making The Move: Panelists Give Advice on Transitioning In-House

Sandra Buhain — Thu, 25 May 2023 00:13:05 GMT

Earlier this month, Young Women in Law hosted an in-house counsel panel where panelists shared advice on making a career transition, as well as their day-to-day experience practicing law. YWL heard from several in-house lawyers with experience across a number of industries including banking, entertainment and publishing, as well as a legal recruiter with in-house experience. The panelists discussed their career successes, the challenges they faced, and when they knew it was time for a change.

Switching from a role in private practice or government can have an impact on both the nature and pace of your work schedule. The panelists shared how the substance of their work did (or did not) change as they shifted to an in-house position.

“I touch on the types of issues that I dealt with all the time when I was in private practice, but a major consideration when my client is the bank or the wealth management lines is the business’ appetite for risk,” shared Jessie Lamont at Senior Counsel at RBC Law Group. “It is not just having familiarity with the blackletter law, but also a detailed understanding of each of the different lines of business and what their objectives are.”

Sophia Javed, Associate General Counsel at The Globe and Mail shared that she had a similar experience to Jessie’s. “In terms of the nature of the work, you’re more involved with the commercial teams. There is more of a business element. You might not always be dealing with detailed legal questions, but you are considering the law and always assessing risk.”

Sophia also told YWL that her pace of work has changed. “When I worked in securities, it was very transactional. There would be a month where there was little work and then all of a sudden there were two months where I was working all hours, having to cancel on people all the time. When I compare that to working in-house, it is more constant. The days are really busy, but you have a better line of sight into the projects that are happening because you have foresight into the business plan and you have a better idea of what to prioritize.”

Victoria Novak, Director, Business and Legal Affairs at WildBrain, had a different experience with her transition. “I moved from private practice at a boutique to in-house. I was doing film and TV production work which meant being with a client from start to finish on a feature film. Now I’m at a media company where I’ve been brought in for almost the exact same role. I’m given projects and properties and I’m there to see them from the optioning stage through to delivery. The shift has been much more in lifestyle for me with the work being practically the same as I did before.”

It can be difficult to know the right time to make the move. The panelists shared their thought processes as they decided to change roles.

“I was pushing ten years post-call,” Victoria explained. “The community starts to notice you. I got a couple pokes two or three years prior about other job opportunities. I reflected on where I was at that point and where I was going. It was eye opening what was available in the industry that matched my skills. My mind slowly turned. It came down to what matched what I liked to do in law. I knew that I didn’t want to leave law.”

Annesta Duodo, Associate Counsel to Music Canada, shared that she did not plan to move in-house right after articling. “A position came up that melded my government experience with my internship experience,” shared Duodo. “I didn’t think I would get a call back because they were looking for someone with two to four years’ experience and I had a year’s experience. It ended up working out. With the training I’m getting in-house, I’m able to do all the things I thought I’d only get to do in private practice. The mentorship was key. It filled the gap that I thought I was missing.”

Orit Sinai, who had a number of roles prior to her current position as a legal recruiter at ZSA, shared her thought process as she navigated her role changes. “A lot of it is intuition and gut. If you’re coming home and you’re unhappy, you need to follow what that feeling is. You have to have some form of excitement, some purpose. When you come home at night, you want to feel good about what you’re doing, where you’re working, and who you’re working with.”

Orit gave some helpful advice to those considering whether to make the switch. “A lot of factors go into what makes a person happy at a job. First and foremost, it’s the people. If you have the most incredible team, it’s very hard to leave those people. That can make or break your day. Compensation, in my opinion, is number two. You want to make sure you’re getting compensated fairly. Then look at your trajectory. You have to consider what the job will do for you in terms of growth as a person and as a lawyer. Last but not least, if there’s a place you want to work, the best person to talk to is someone who has left that company. Look on LinkedIn to see who left the organization, the company or the particular group. Ask them what it was like working there.”

If they were to do it over again, the panelists shared some advice they wish they had before they made the transition.

“Don’t undervalue yourself and trust your gut,” shared Victoria. “If you want the change to happen you need to make it yourself. One of the first people I reached out to was the head of students from the Bay Street firm I articled at who is now a headhunter. We met for lunch and she validated me at the time I needed. She helped give me clarity at a time where I wasn’t trusting my gut.”

Annesta advised others to take the time to fully understand what they offer. “When I was applying, I was held up on the fact that I didn’t have enough experience. I worked with a coach and analyzed what I had done over the previous four years in law and realized that my experience did line up with what they were looking for, just not according to the timeline that they wanted. I also now realize that I’m learning skills in my current in-house role that I thought I could only learn in private practice.”

Are you ready to make the move and wondering what the market is like? Orit told YWL that the market has been hot for in-house jobs since the pandemic. She said that now more than ever, companies are hiring articling students and lawyers in their first few years of practice for in-house counsel positions, whereas in the past, companies looked for at least five years of experience. “The jobs are pouring in weekly. If you are open or interested in hearing about in-house roles, you should connect with a recruiter. Now you can work for a company in whatever city you’re based. Remote working has allowed more jobs to come to the surface,” shared Orit.

YWL would like to thank the panelists for sharing their experience and advice. Making a career change can be a daunting decision, but just know that there is a huge network of people who have been in your shoes and are willing to help you through the process.

Some of the panelists’ responses have been edited for clarity and brevity.

Katrina Kairys practices charity and not-for-profit law at Patel Kairys Law. She completed her undergraduate degree at McGill University and obtained her J.D. from the University of Toronto Faculty of Law. Katrina practiced charity and not-for-profit law at a national law firm for several years prior to co-founding Patel Kairys Law.

Katrina is a director of ACCESS Community Capital Fund, a charity based in Toronto, and she volunteers as a member-at-large of the Ontario Bar Association Charities and Not-for-Profit Law Section Executive. Katrina has authored articles in the Estates, Trusts & Pensions Journal, Canadian Tax Foundation Conference Report and Ontario Bar Association Section Insider.

3 Simple Ways to Promote Mental Health as a Young Lawyer

Sandra Buhain — Wed, 03 May 2023 21:49:17 GMT

This week (May 1^st – May 7^th, 2023) is Canadian Mental Health Association’s Mental Health Week. This year’s Mental Health Week aims to amplify some voices and spaces within which mental health is promoted across Canada, including at the community level through non-profit agencies and programs.

The first comprehensive national study on wellness in the legal profession (titled “The National Study on the Psychological Health Determinants of Legal Professionals in Canada”) was published October 7, 2022 and revealed that legal professionals suffer from significantly high levels of psychological distress, depression, anxiety, burnout, and suicidal ideation. In particular, the study found that legal professionals within their early years of practice experienced some of the highest rates of distress. The study suggests that it is important to invest time and resources into improving mental health in the legal industry.

This blog post will highlight some ideas for maintaining and promoting mental health as a young lawyer in the Canadian legal industry.

1. Check In With Yourself and Others

It can be easy to get lost amongst the fast-paced and demanding nature of legal work, which is why one key to maintaining a healthy mind is to consciously check in with yourself and others regularly. A self check-in could be as simple as spending 5 minutes at the beginning of each week evaluating how you are feeling about the work week ahead and reflecting on the actions you can take to improve your well-being. These actions could include spending time with loved ones, blocking off time to pursue a hobby, or engaging in meditation or exercise. As well, checking in with colleagues can help create a sense of support and community.

2. Set Boundaries and Know Your Limits

The National Study on the Psychological Health Determinants of Legal Professionals in Canada found that three key characteristics that are likely to protect the psychological health of legal professionals are psychological detachment from work, the ability to set limits with assertiveness, and resilience in facing the challenges of professional life. These three characteristics can be understood as skills that legal professionals across all areas of practice and in all jurisdictions can work to build up over time.

3. Block Off Time for Hobbies or Loved Ones

Making time for your hobbies and loved ones can help ground you and enforce some psychological detachment from your legal work. For those with demanding legal careers, it may seem extremely difficult or next to impossible to find time in the week to set aside time for yourself while still meeting client expectations and billable hour targets. However, blocking even one or two hours off in the evening or on a weekend to pursue a passion project or focus on building your support network can lead to long-term rewards that will keep burnout at bay.

Overall, consciously setting mental health and resilience as a goal to work towards through frequent self check-ins, setting boundaries and limits, and blocking off time to detach from work can help promote wellness. As well, the research team behind The National Study on the Psychological Health Determinants of Legal Professionals in Canada noted that stakeholders in the legal industry should invest in training and mentoring, work culture, raising awareness and breaking down taboos, wellness support resources, adopting alternative business models, promoting diversity, and committing to work-life balance as part of efforts to improve mental health in the legal industry. These suggestions reinforce the idea that moving towards a healthy and sustainable culture within the legal profession in Canada will require small steps at all levels, taken over a long period of time, from all stakeholders.

1 https://www.cba.org/News-Media/Press-Releases/2022/December/Recommendations-released-from-national-study-on-we

Jane Huang is a corporate lawyer in the Business Law group at Miller Thomson. She is developing a commercial law practice with an emphasis on marketing and advertising, franchising, product regulatory, privacy, transportation, and intellectual property matters. Jane is registered with the College of Patent and Trademark Agents as a trademark agent-in-training.

Prior to becoming a lawyer, she gained business development experience at a tech startup and was part of the investment team at a venture capital fund. Jane graduated with a science degree from the University of Toronto and a law degree from Western University. While in law school, Jane was co-president of the Western Health Law Association and served as a teaching assistant for a 1L legal research, writing, and advocacy course.

In her spare time, Jane enjoys taking dance classes, admiring art, listening to podcasts, trying different kinds of food, and perfecting her skincare routine.

What Can Lawyers Do for Earth Day?

Sandra Buhain — Thu, 20 Apr 2023 21:07:24 GMT

This year, 2023, marks the 53^rd anniversary of the first Earth Day, viewed by many as the birth of the modern environmental movement. Organized to raise awareness and encourage action to protect our natural earth, it seems like Earth Day is more relevant than ever as extreme climate variability is already being experienced by people around the globe.

The frequency and intensity of weather-related events is growing and will continue to grow and affect all of us. For businesses, including law firms, it will impact every part of operations, including employee safety and well-being, communications, power supply, logistics, and transportation. So, this Earth Day I challenge you to reflect on what you can do to protect the health of our planet. Here are a 5 ideas to get you started.

1. Make Green a Priority

The best ideas will flounder without a committed leader or team to make them a reality. Baker McKenzie recently made waves by naming its first Chief Sustainability Officer to lead its global sustainability strategy. Find the members of your own team (unless that’s you!) that are most passionate about sustainability issues and give them the mandate to move forward. Make sure they have the resources they need to make the changes that will benefit the Earth—and the firm. If you aren’t in a position to make firm or workplace initiatives yourself, it never hurts to volunteer to start a committee to tackle specific issues.

2. Go Paperless

The average office worker uses up 10,000 sheets of paper annually. About 45% of that ends up in the trash by the end of the same day it was created. Cutting down on paper not only saves forests — it also helps with soil erosion and water pollution as well. While most of us may have converted to digital document storage already, think twice about printing that document for convenience’s sake.

Cutting out paper can also help the bottom line. In most offices, paper costs around $80 per employee per year. Add to this the costs of toner, filing cabinets, mailing, copiers, fax machines, shredders, staplers, paper clips, folders, and the extra office space needed to store those mammoth filing cabinets.Paperless firms are also more productive and efficient, with fewer lost documents, better collaboration, and easier document retrieval.

3. Hybrid Work

If you need another reason to convince the boss that WFH is here to stay, cutting down commutes helps eliminate greenhouse gasses—a substantial share of greenhouse gas emissions come from transportation. If your office already went paperless, hybrid is even easier. With all of your files, notes, and tasks accessible from every device, you can skip the commute and work from home.

4. Energy Use

Cut down on energy bills by using Energy Star appliances, smart thermostats, LED light bulbs, and motion sensors that turn power off on their own. Avoid “phantom power” by turning off computers at night and unplugging unused appliances.

5. Encourage Your Workplace to Join the Movement

In every community, there are groups of committed people working to protect land, water, and air. Find them and give them your support. Here are a few ways to do it:

Sponsor a local environmental group or event. A modest donation can go a long way to fix environmental problems, motivate volunteers, and demonstrate publicly your commitment to the long-term well-being of your community.
Join an activity as a team. Is there an initiative to build a community garden, plant trees, or clean up a river? Spending time together on a meaningful project outside the office can build a sense of teamwork and improve morale.
If available, utilize your workplace’s ‘volunteer time off.’ This is an extra day of paid time off which lawyers and staff can spend on volunteer work.
Implement or propose pro bono work for environmental causes.
Check if your employer has a donation matching program and make use of it for an environmental cause.

Thanks for reading and happy Earth Day!

Marie Kazmer obtained her Bachelor of Commerce at the University of Toronto and worked for a few years in financial services and investments before returning to school to obtain her J.D. from Western. She is currently completing her articles at a boutique estate litigation firm in downtown Toronto and expects to be called to the Bar in June 2023. During law school Marie was a member of the Western Business Law Clinic assisting local start-ups, Western's In Vino Veritas wine tasting club and participated in several moots and competitions including coaching the Walsh Family Law Moot in her third year. Outside of work Marie enjoys cooking, skiing, travelling and volunteering with Second Harvest.

YWL Tackles Breathwork at Chi Junky

Sandra Buhain — Tue, 11 Apr 2023 22:05:45 GMT

On March 26, YWL participated in a breathwork session led by Beth Mountford. The session took place at Chi Junky, an airy and bright yoga studio in the east end.

Beth led the group through breathing exercises that focused awareness on our breathing pattern to bring about relaxation and stress relief. As a legal recruiter and former lawyer, Beth acknowledged the stresses and challenges experienced by lawyers, especially in their first few years of practice.

After we settled in, Beth explained that she would take us through a journey over the next 75-minutes. We would be led through exercises that would vary the pace of our breath, bringing attention to every inhale and exhale.

We lied down on mats with some props that you would typically find at a yoga class, like pillows, cushions and blankets. There were also eye masks for anyone who wanted to participate in complete darkness. I popped a cushion under my legs and draped a blanket on top for some extra warmth.

Beth explained that we might experience some unexpected sensations during the session, such as tingling in our arms and legs or tetany, also called “claw hands”, where your hands become stiff due to your veins contracting. This is a result of a drop in carbon dioxide from rapid breathing. These involuntary muscle contractions are a physiological reaction, but they can also have a psycho-spiritual meaning – a sign of the release of pent up feelings – a “letting go”. Beth turned on some music that played through the session with the beat of each song bringing focus to the pace of our breath.

There was something very meditative and calming about the exercises. I had never spent so much time focusing only on my breathing and nothing else. About halfway into the session I felt pins and needles climbing up my legs. I had to keep wiggling my toes so it would dissipate. When we concluded the session, we discussed the different sensations we felt, from tingling toes to the claw hands. While some may have had a deeper experience than others, everyone seemed very calm and at ease by the end. I left with a peaceful mind and a new openness to practising breathwork.

If you were not able to make it to the session and want to try breathwork at home, Beth suggested “box breathing”. This technique involves a cycle of inhaling for four seconds, holding your breath for four seconds, exhaling for four seconds, and then holding your breath for four seconds. This method is so simple that you can try it at your desk between Zoom calls.

YWL would like to thank Geez Louise Beverages, a women-owned business that makes prebiotic drinks.

Women In The Workplace: The Future of WFH

Sandra Buhain — Mon, 20 Mar 2023 20:22:01 GMT

In honour of International Women’s Day (IWD), which was celebrated across the world on March 8, 2023, this March piece is dedicated to women in the workforce.

IWD is a global day that celebrates the social, economic, cultural, and political achievements of women. The United Nations’ theme for IWD 2023 was “DigitALL: Innovation and technology for gender equality”. This year’s theme was focused on innovation, technological change, and education in the digital age for achieving gender equality and the empowerment of all women and girls.

Digital technology has enabled many possibilities in the working world, including flexibility with remote work, improved work-life balance, and increased productivity. Amidst the pandemic and throughout the post-recovery period, there have been major shifts in workplace cultures and expectations.

McKinsey’s Women in the Workplace 2022 report found that women leaders are switching jobs at unprecedented rates. Despite improvements in representation, women are still dramatically underrepresented at the leadership level in corporate roles. The two main barriers to achieving gender equality at the leadership levels are (1) the broken rung at the first step up to manager and (2) women leaders leaving their companies at high rates. The report noted that digital technology, and in particular having the choice to work remotely, is an important factor in women’s job satisfaction.

Despite the benefits that adopting remote and hybrid work options can bring to women in the workforce, these ways of working may also create new challenges for women and gender equality. For example, research has found that women with kids are evaluated worse than men with kids when they decide to work remotely, which may lead to career penalties such as being passed over for promotions.

According to research from the Women in the Workplace 2022 report, companies that are navigating the shift to remote and hybrid work should focus efforts in five main areas. Firstly, companies should share guidelines for remote work that outline expectations, such as specific windows during which meetings can be scheduled. Secondly, companies should gather regular feedback from employees on their remote and hybrid work systems. Thirdly, companies should invest in fostering employee connectedness to ensure that all employees feel included and that events are accessible. Fourthly, companies should be purposeful about in-person work. Lastly, companies should ensure that employees who choose remote or hybrid work options get the same support and opportunities as on-site employees.

As digital technology continues to enable flexibility within the working world, new shifts in workplace cultures and expectations will be inevitable. All employees benefit when workplaces leverage digital technologies in ways that support healthy and supportive remote/hybrid work environments. In particular, it is important that workplaces in the digital age adopt efforts to support gender equality and empowerment of all women.

In her spare time, Jane enjoys taking dance classes, admiring art, listening to podcasts, trying different kinds of food, and perfecting her skincare routine.

Taking Stock of Your 2023 Goals

Sandra Buhain — Mon, 27 Feb 2023 12:59:25 GMT

The end of February may not be the most intuitive time to think about your New Years resolutions but bear with me for a second.

By the end of the second month of the year, I have found that I had enough time to take stock of the progress I have made toward my goals, identify any roadblocks, and re-evaluate my action plan. If I need to re-examine my goals or my timeline, there’s still plenty of time left in the year to implement changes and still finish on-track. It’s also helpful to check in with yourself around this time to make sure you still feel the same way about your goals and priorities as you did at the start of the year.

If you’ve completely forgotten about your plan for 2023 (or never made one to begin with), do not give up hope. Having ‘goals’ may sound lofty and unachievable but we can make progress across different areas of our lives by starting off with something as small as a habit. No matter how big, or small, your goals are, the key to success is making them specific, measurable and achievable. You should think of your goals as building blocks that can be added on to progressively.

Personally, while I used to think that I would be inspired by declaring a big, bold goal—such as making the career switch to law—I quickly found that overwhelming. Instead, I fell back on tried and true techniques including action plans with lists and timelines. “Become a lawyer” turned into “apply to law schools” which became “reach out to alumni”; “study for the LSAT”; “create a financial plan”; “pick a law school”; “build up my resume”; etc. Even these smaller goals can often be broken down into smaller tasks. Every time one of those tasks were completed I could see that I was making progress toward my goal even though the end game still felt far, far away.

If you’re reading this feeling like you haven’t achieved anything yet this year think, about how you can implement any of these strategies to get back on track.

Tracking

Goals, especially when linked to habits, are easier to maintain if you both track them and measure them. Even a cross mark on your daily calendar to show you have adhered to your plan can be motivating. Measuring your success along the way can show your progress, even when you are having a bad day. Besides, tracking our time and progress should be second nature for lawyers.

Celebrate Small Successes

If you only focus on reaching your goals by December 2023, you will be setting yourself up to feel discouraged. Recognize your small accomplishments, like blocking off 10 minutes in a day for a mindfulness exercise, and the long-term work you put in will feel worth it.

Assess

If you have an outcome or results goal, you’ll need to work daily on the behaviour you need to change to make that goal a reality. This means carefully examining your behaviours and pinpointing the ones you need to change. If your end goal is to save money for a vacation, for example, you may want to assess how often you’re spending money eating out.

Ask Why

Another thing I would encourage you to assess throughout the year is the actual goal. Have your priorities changed? What were your reasons behind the goal in the first place and have any of those reasons changed? Is the goal still realistic given any life changes? Reassessing is not quitting; don’t punish yourself if your original goals need to adjusted or if new opportunities present themselves.

Finally, don’t limit your goals to your career—we are so much more than lawyers! Think about other areas of your life that may be a bit neglected and how you can improve on those (for example: mental health, physical health, financial wellbeing, friendships, family relationships, hobbies) this year. After all, well-rounded people make better and happier lawyers.

Who Is Attending? Take a Sneak Peek into the Women in Law Event with OABP and Fasken

Wed, 22 Feb 2023 14:00:00 GMT

In collaboration with Ontario Association of Black Paralegals and Fasken’s Ontario Women Network, we are excited to present key speakers from the Law Society of Ontario, including Treasurer Jacqueline Horvat and Benchers Atrisha Lewis and Michelle Lomazzo.

Join us for the opportunity to hear their perspective on intersectionality and the law as well as speak with mentors with a variety of backgrounds listed below!

The Speakers

Jacqueline Horvat, Treasurer of LSO

Jacqueline Horvat was elected as Treasurer by the Law Society’s governing body (Convocation) on June 15, 2022 and she took office on June 28, 2022. The Treasurer is the top-elected official of the Law Society, which regulates Ontario’s lawyers and paralegals in the public interest. She is the sixth woman Treasurer in the 225-year history of the Law Society.

Treasurer Horvat was first elected a Bencher in 2011 and was serving her third term when she was elected. She was called to the Ontario bar in 2002.

She is a litigation lawyer and a founding partner of Spark Law, a seven-lawyer full-service firm, which provides her with a close-up view of the issues and daily worries faced by sole and small practice lawyers across the Province.

Treasurer Horvat has a broad and varied corporate/commercial litigation practice representing both plaintiffs and defendants in complex commercial disputes, class action litigation and appeals. She has appeared at all levels of court in Ontario, the Federal Court Trial Division and the Federal Court of Appeal.

Atrisha Lewis, LSO Bencher/ Partner, McCarthy Tetrault LLP

Atrisha Lewis is a Partner in McCarthy Tétrault’s Litigation Group in Toronto. She is a trial litigator and with a practice focused on commercial disputes, professional liability and product liability matters. Atrisha frequently provides advice relating to fraud and asset recovery after the discovery of a fraud including by attending at court to seek urgent tracing and freezing orders. Atrisha represents clients in the financial services and technology sectors. Atrisha has argued before all levels of Court. In 2019, Atrisha was elected as bencher of the Law Society of Ontario.

Michelle Lomazzo, Paralegal LSO Bencher/Lomazzo Worker's Compensation Appeals Prof Corp

Michelle M. Lomazzo has worked as an injured worker advocate for more than 30 years in Windsor, representing workers across Ontario. Michelle has her own legal services practice, Lomazzo Workers’ Compensation Appeals Professional Corporation with expertise in workers compensation appeals before the Workplace Safety and Insurance Board (WSIB) and regularly appears before the Workplace Safety & Insurance Appeals Tribunal (WSIAT). Her practice focus is estate claims and WSIB survivor benefits for the families of emergency responders where their loved one died by suicide because of Post Traumatic Stress Disorder. Ms. Lomazzo has represented the Windsor Police Association and the Windsor Professional Firefighters Association for years, as well as various other unions/associations. Ms. Lomazzo was elected a Bencher at the Law Society of Ontario in 2019. She is the Chair of the Paralegal Standing Committee and as well currently sits as a Bencher on the following committees: Professional Regulation Co., Treasurer’s Appointments Advisory Committee, Access to Justice, Audit and Finance, Proceeding Authorization and Strategic Planning and Advisory. She was an Adjudicator with the Law Society Tribunal adjudicating discipline matters involving lawyers and paralegals for the nine years. She was most recently a Director of the Hotel Dieu Grace Hospital Board of Directors for eight years and a Board member of the Changing Lives Together Foundation Board of Directors. Michelle has a in-depth understanding of governance having sat on numerous boards of directors over the past 30 years including Citizen Advocacy, Family Services Windsor-Essex, the Homeless Shelter for Women, and the Unemployed Help Centre. She is a volunteer with the Coach and Advisor’s Network at the Law Society of Ontario and a mediator with Community Mediation Windsor-Essex. Ms. Lomazzo has been a member the Paralegal Advisory Committee of St. Clair College in Windsor since 2012. She is a regular guest speaker for Continuing Professional Development with various organizations including the Law Society of Ontario. She is bilingual. When not advocating or volunteering Ms. Lomazzo enjoys worldwide travel and golf. She is the proud mother of three adult children and a new grandmother.

The Mentors

Brenell Dean, founder of Dean’s Paralegal Services has diligently and tirelessly served Windsor and the surrounding area since March 2018 in the areas of Small Claims Court and Landlord Representation. Mrs. Dean had many requests to service Clients in new areas of law and Mrs. Dean answered the call. In 2020 Dean’s Paralegal Services expanded services and hired a team of professional paralegals and lawyers; now offering a broad range of legal services.

Mrs. Dean has a unique background in real estate investing and property management. These skills have led to a deeper understanding of the law as it relates to representation at the Landlord and Tenant Board. Mrs. Dean also has 10 years of extensive community service experience, where Mrs. Dean was involved with such organizations as Afforest-UWindsor, Sisters Taking Action for a New Direction, The Downtown Mission, Raising Autism Awareness, Youth Embracing Today’s Youth, the YMCA and Pre-Law Student Society at the University of Windsor. While maintaining a sense of pride in her community, Brenell Completed an Honors Degree in French and Psychology at the University of Windsor. Mrs. Dean holds a B.A. [H] French Studies & Psychology from the University and has graduated from the Paralegal Program at St. Clair College. Mrs. Dean is a highly sought-after public speaker and mentor in the legal profession. Alongside her paralegal practice, Mrs. Dean returned to College holding the role of Instructor where Mrs. Dean teaches such classes as Criminal Law: Summary Convictions, Administrative Law, Paralegal Practice Management, among other courses. Mrs. Dean comes from a family with a rich history in the legal field as a direct relative of Delos Davis, one of Canada’s first black lawyers, the Honorable Justice Dean, and others spanning across Canada and the United States.

Rochelle Ivri, Immigration Judge, Mohawk College Professor
Appointed in 2018, Judge Rochelle Ivri is 1 of 9 Citizenship Judges in Canada and was the first African-Canadian Citizenship Judge assigned to the Hamilton and Niagara Falls offices. She is currently assigned to the Greater Ontario Area. Judge Ivri holds an Honours Degree in Criminology, as well as a post-graduate certificate in Alternative Dispute Resolution and is a professor in the paralegal program at Mohawk College and adjunct professor at Queen’s Law School. She is also an author and sought after speaker and facilitator.
Judge Ivri is deeply committed to community engagement and involvement, serving on various boards and committees in the past and present, while continuing to lend her knowledge and expertise to advance the needs of the community. She has received many awards; was awarded a Woman Who Rocks Award for Hamilton in 2019 and, in 2020 she was a nominee in the Education/Mentorship category for the YWCA Hamilton Women of Distinction Awards. Also in 2020, she was awarded the Leading Women, Leading Girls, Building Community Award for her work in Kitchener Centre. In 2021, Judge Ivri received the Lincoln Alexander Award by the Law Society of Ontario making her the first ever paralegal to receive this recognition in the awards’ nearly 20-year history. Judge Ivri was named one of 100 Accomplished Black Canadian Women for 2022 and her accomplishments documented in a commemorative book. Also in 2022, Judge Ivri was given the Rev. John C. Holland Award of Merit by the Hamilton Black History Council and was recognized as one of Canada's Top 100 Black Women to Watch of 2022 by CIBWE.

She is passionate about human rights, the Charter, and encouraging active citizenship and civic engagement to make communities thrive. She and her husband Eldean have 4 children.”

Rochelle was the first African-Canadian to be appointed as a board member on the Niagara-on-the-Lake Public Library Board where she served for 8 years. She was also the first African-Canadian to be appointed to the Council of the College of Midwives of Ontario, where she served for 8 years, 2 of which involved being on the Executive Board. Additionally, Rochelle was also a member of the Discipline, Appeal, and Review Committee of the Immigration Consultants of Canada Regulatory Council (Now the CICC). She currently sits on the board of Bravo Niagara! and she is the first and only African-Canadian to be appointed to the inaugural Niagara Region Women's Advisory Committee.

Marie Kiluu-Ngila is an Indigenous Business Lawyer at Pape Salter Teillet LLP in Toronto. She works with Indigenous groups across the province to promote their economic participation within a transactional business driven context. Prior to joining Pape, she practiced corporate finance and M&A at a small boutique in Toronto, after articling at a full service Bay Street firm.

Marie attended the University of Toronto where she completed her Honours Bachelor of Arts, majoring in Political Science and minoring in History and Gender Studies in 2014. She completed her Juris Doctor in 2019 and was called to the Ontario bar in 2020.

Marie is a co-founder of Black Future Lawyers (BFL) at the University of Toronto Faculty of Law. BFL is a program that aims to empower and support the endeavors of Black students who are interested in attending law school and has impacted hundreds of prospective law school applicants. The program has expanded and multiple chapters can be found in universities across Canada.

Danielle Abimbola is an Associate Lawyer at Monkhouse Law, licenced by the Law Society of Ontario, practicing employment law. She completed her J.D. at the University of Ottawa. She was the Black Law Students’ Association of Canada National President in 2018-2019.

Danielle assists employees with navigating workplace issues ranging from wrongful dismissal, constructive dismissal, human rights discrimination, contract reviews, and disability insurance claims. She is passionate about advocating for her clients and keeping their interests centred throughout the process. She approaches her work with a listening ear, a keen eye, and seeks to protect the interests of her clients.

Jennifer Gold is a Partner of Wood Gold LLP in Brampton, where she practices Family Law and Wills. She’s experienced in achieving consensus, negotiating agreements, de-escalating conflict, and representing clients in mediation, arbitration and court. Jennifer was recently appointed as a part-time member of the Ontario Land Tribunal. Since 2021, she has been a Dispute Resolution Officer for the Superior Court of Justice to assist in early resolution of cases. She has completed a Certificate in Family Mediation and, in keeping with her professional commitment to reconciliation with Indigenous peoples, has also completed the University of Alberta’s course, Indigenous Canada, and The Path.

Jennifer is Past President of the Board of Directors of the Women’s Law Association of Ontario and is a Board Member of Pro Bono Ontario. She also serves on the Board of Directors of Legal Aid Ontario where she chairs the Audit and Finance Committee, and is a member of the Ontario Bar Association’s Council, representing the Central West region. To support the next generation, Jennifer is a mentor in the Women’s Law Association of Ontario’s mentorship program and York University’s Advancing Women program. The efforts of Jennifer and her partner to create alternatives to the traditional law firm, with a better work-life balance in a diverse workplace, were featured in The Toronto Star.

Jennifer is the 2021 recipient of the Ontario Bar Association’s Award of Excellence in Promoting Women’s Equality and a 2017 Lexpert Zenith Award celebrating the advancement of women in the legal profession.

Teresa Donnelly has been a lawyer with the Ontario Ministry of the Attorney General since 1994. During that time, she has been an Assistant Crown Attorney in the Region of Waterloo and the County of Huron (1994-2011), the Crown Attorney for the County of Huron (2011-2015); the West Region Sexual Violence Crown, Sexual Violence Advisory Group (2015-2020, 2022-2023) and Counsel conducting a review of the Direct Accountability Program (DAP) at the Ministry (2022-2023).

As West Region Sexual Violence Crown she was one of 7 full-time prosecutors in Ontario dedicated to enhancing the quality of sexual violence prosecutions and the victim’s experience in the criminal justice system. As a Crown, Teresa has been dedicated to prosecutions involving violence against women and children – both domestic violence and sexual violence.

Teresa was elected as a Bencher with the Law Society of Ontario in 2015 and 2019. She was elected the Treasurer or President of the Law Society of Ontario from June 2020-June 2022. Teresa was the fifth woman Treasurer in the 223 year history of the Law Society of Ontario. As Treasurer her focus included the mental health of legal practitioners, EDI, reconciliation, the competence and ethical responsibilities of lawyers and paralegals, and the important role that paralegals play in access to justice in Ontario.

Derin Abimbola is a lawyer with the City of Toronto in their Planning and Administrative Law group. Derin holds a BA in Criminology and a JD degree, both from the University of Ottawa. She has appeared at Divisional Court, the OLT, the TLAB and Small Claims Court on various matters.

Reshida Darrell, is an associate employment lawyer at Monkhouse Law. Reshida received her JD from the University of Ottawa Faculty of Law after obtaining her Honours Bachelor in Justice Studies at the University of Guelph.During her time at the University of Ottawa, Reshida volunteered as a student caseworker with the Employment Insurance Litigation Clinic, was a founding steering committee member for the Employment Law Fellowship at the University, and finished in the top tier of her trial advocacy course.

Before joining Monkhouse Law, Reshida gained valuable civil litigation experience articling with a multinational insurance corporation and financial services provider, as well as worked as the corporation’s legal analyst spearheading the statutory interpretation for the privacy modernization program.

Four Black Women Lawyers who Paved the Way for Generations to Come

Sandra Buhain — Mon, 20 Feb 2023 14:55:00 GMT

In honour of Black History Month, Young Women in Law would like to highlight the accomplishments and contributions of Charlotte Ray, Violet King, Corrine Sparks, and Constance Baker Motley, four trailblazing Black women lawyers. Each of these accomplished lawyers were responsible for many firsts in their careers, breaking barriers for women following in their footsteps.

Charlotte Ray

Charlotte Ray was the first African American woman lawyer in the U.S. and the third woman in the U.S. to earn a law degree. Ray graduated from Howard University Law School in 1872. She began as a sole practitioner, opening her law office in Washington, D.C. to practice commercial law. Ray ran her sole practice for several years, but unfortunately had to close it down due to a lack of business likely as a result of the prejudice she faced at the time. Ray then moved to New York where she worked as a public school teacher and joined the National Association of Colored Women to advocate for the rights of women and African Americans.

Violet King

Violet King was the first Black graduate of the University of Alberta and one of only four women enrolled at its law school. King became the first Black woman to practice law in Canada. After articling in criminal law, King accepted a position with the Department of Citizenship and Immigration. She later became the executive director of the National Council of YMCAs Organizational Development Group in New York City and was the first woman to hold the position within the YMCA.

Corrine Sparks

The Hon. Judge Corrine Sparks was the first Black woman to serve on the bench in Canada. Sparks attended the Schulich School of Law at Dalhousie University, where she was the only Black woman in her class of 120 students. Sparks practiced family law in Nova Scotia for several years and went on to have a long and successful career presiding on the Family Court of Nova Scotia. She recently retired from the bench at the end of 2021 and now serves as a commissioner adjudicating land ownership disputes in historic African Nova Scotian communities.

Constance Baker Motley

Constance Baker Motley was the first African American woman appointed to the federal judiciary. Baker Motley received her law degree from Columbia University in 1946. After graduating, she joined the staff of the NAACP Legal Defense and Educational Fund, Inc., an organization devoted to racial justice and led by Thurgood Marshall. Baker Motley had a storied legal career, representing Martin Luther King Jr. and arguing ten cases at the Supreme Court while with NAACP Legal Defense. In 1966, she was appointed to the U.S. District Court for the Southern District of New York.

It's Ok Not To Know

Sandra Buhain — Mon, 05 Dec 2022 15:00:00 GMT

One of the most common questions I get from students: wait, so you quit your first job as a lawyer? My one-liner response: Yes, and it was the best decision I’ve ever made.

My story isn’t all that different from many young lawyers. Since the age of 16, I knew I wanted to be a lawyer. The goal was clear and the path was certain. It wasn’t easy by any stretch, but there I was - in my robes getting called to the Bar.

With law school behind me, I got settled in and began taking carriage of my own files. My clients were largely low-income immigrants, and I took pride in the fact that I was doing work that felt impactful. However, after several months of working into the late evening 6-7 days a week, I began questioning my life choices.

I became short tempered with the people I loved, found myself taking medication to manage recurring stomach ulcers, and barely holding onto any sort of social life. Classic signs of burnout.

So I did the thing that I’ve never done before - I quit. I quit because I knew there was only one person responsible for my health and happiness: me.

And you’d think things would get better, but it only got worse. For the first time in my life - I didn’t have a plan. And everyone else around me seemed to have it all figured out. Layer on the ever-present guilt that I was letting down my parents, who sacrificed everything for my education, and of course, the nagging feeling that I was making a massive mistake. Who’s going to hire a lawyer fresh out of law school, with barely a year of experience?

And yet, it was the best decision I ever made.

Here’s why: There’s opportunity in not having a plan. It’s simple - if you have tunnel vision about what you think your career is supposed to look like, you’re going to miss the possibilities of what it could be.

There are people who view their careers as “ladders”, where their career path is based on moving up in the organization. They can clearly see the path ahead of them and understand what it takes to get to the next level. However, I fall into the category often referred to as “mapping”. Like a map, my career is non-linear and I seek interesting roles, companies, and skills. Like traveling to foreign places, I enjoy the challenge and discomfort because I believe this is how I grow personally and professionally.

By not having a plan, my career has been wide-ranging, and most importantly – fun. I have also met some of the best people, who I consider close friends. Just a quick overview of my what I managed to do without a plan: I worked in capital markets for one of the biggest banks in Canada - without a lick of experience in finance. I was a consultant for a Big 4 consulting firm - without a MBA or accounting degree (don’t get me started on how much I despise excel and Powerpoint!). Funny enough, in the last two years, I ventured back into law and work in-house despite years spent out of practice.

I say all of this to provide an alternative to the constant pressure many young students (and lawyers) feel during the early stages of their career. There are some folks who know exactly what they want for their career - nothing wrong with that. However, for those who don’t know what their next move is: celebrate the freedom in that. Maybe do the thing you’re not expected to do - or the thing you’re most curious about. If my career is an example of anything – it’s the fact that there’s a world of possibility out there.

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Taslenna Shairulla is an in-house lawyer for Capital One Canada, where she practices corporate/commercial and privacy law. She is also a blogger, who uses storytelling to highlight BIPOC owned brands and businesses. Find her on Instagram: @whattassyknows.

Negotiating Salary As a First Year Lawyer

Mon, 24 Jan 2022 14:00:00 GMT

Some people might say that junior lawyers should accept and be happy with whatever salary they are first offered. Some people might say that first-year lawyers especially should take what they get (I was told that by a few people). My response would be lawyers (of any vintage) should always be grateful for a job offer. But being a first-year lawyer does not mean salary negotiation is off the table.

Negotiating salary can be daunting as a first year lawyer. On the one hand, you are excited to have been offered a job, you want to get off on the right foot with your new employer, and you certainly don’t want to lose this job opportunity when you have come so far. On the other hand, you have bills to pay, crushing student debt, and genuinely hope to be appreciated for the work you will be putting in.

Let me start by saying that I have been in those shoes. Let me also say that I negotiated my salary as a first-year lawyer. Was it uncomfortable? Yes. Was it nerve-wracking? Yes. Am I glad I did it? Definitely. Based on my experience, below is how I would recommend any nervous first-year lawyer approach salary talks with their future employer.

Determine the Appropriate Salary Range

The first step in determining fair compensation is finding out what the salary range is for a first year call at the firm you are interviewing with or a comparable firm. First year salary ranges might be different depending on what area of law you will be practicing too. Both are important to keep in mind.

Perhaps you have already heard formally or through the grape vine what a first-year lawyer makes at the firm you are interested in. If not, a good starting point is ZSA’s salary guide and legal forums like canlawforum.com to get a sense of what might be a fair salary. You can also talk to junior lawyers or recruiters you already know about salary expectations. Your ability to say you looked at X website, talked to Y person, and e-mailed with Z recruiter before coming up with your idea of an appropriate salary will make you more persuasive.

Determine What Your Strengths Are

After figuring out what an appropriate salary range might be, it is time to think about what assets or value you bring to the firm. As a first-year lawyer, you might think your lack of experience prevents you from making a strong case about your value to the firm. However, that’s simply not true.

Some factors to consider when making your case as a junior lawyer are:

1. Did you summer or article with the firm? Your familiarity with how the firm operates (from intake to docketing to drafting) is an advantage. Prior experience at the firm means you don’t need to be trained or introduced. You have the advantage of seamlessly continuing to work at the firm.

2. Do you have specialized experience? Maybe you specialized in something during law school. Maybe before interviewing at this firm, your worked in a niche area of law that the firm is hiring in. In either case, you have a strength that other junior lawyers applying to the position might not have and you should highlight it.

3. Can you bring a strong reference letter? Getting a partner from your previous firm (especially if the partner or firm is known to your potential new employer) might help push your salary negotiations along. Referring to the recommendation that someone reputable and respected gave for you is one way to argue you should be receiving a salary at the higher end of the appropriate salary range

4. Is the firm hiring urgently? If the firm is in need of a junior lawyer to step in, they may be more willing to negotiate with you once you have gotten to the offer stage to ensure that you come on board (especially if your ask is reasonable and within the demonstrably appropriate range).

5. Is anyone at the firm leaving soon? Perhaps the firm you are interviewing with is hiring with a view towards transitioning duties. Maybe someone at the firm is leaving or going on maternity leave. Whatever the case, knowing why the firm is hiring can be also an advantage in your negotiations.

6. Do you have other offers or opportunities on the table? We all know that rarity increases a commodity’s value. If you truly are considering other options or have another offer on the table, you can leverage this fact in your negotiations.

In addition to the above, there may be other factors unique to you and your situation that will help negotiations along. My point is that lack of experience, alone, does not and should not discredit any first-year lawyer from negotiating a higher salary that is justified.

Determine What You Are and Are Not Willing to Accept

As you enter into salary negotiations, the above should help you get a clear idea about what you are and are not willing to accept. Having a clear idea will help make you more confident in your negotiation and assessment of the offer given to you.

Also consider whether you are willing to accept a lower salary that comes with other perks. Consider negotiating vacation days, performance bonuses, continued learning costs, billable targets, working hours, office space, etc.

Advocate

Now that you know what the appropriate salary range is, what strengths you bring to the table, and what you are willing to accept, it’s time to go to bat. If you are still lacking confidence, try imagining yourself as your own client and advocate! After all, advocating is what being a lawyer is all about right? In its own strange way, job seeking and salary negotiations are an opportunity to showcase to your future employer a taste of your advocacy skills. Your pitch should be one that’s based on research, analysis, and persuasiveness. Any firm that is worth working for (even if they do not end up giving you your desired salary) will appreciate your efforts.

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Author: Grace Tran

Grace is currently a lawyer at a boutique litigation firm in Toronto with a focus in construction litigation, fraud, and insurance defence. Grace also has a continuing interest in international arbitration. Grace’s passion for advocacy grew as a law student, where she competed in and was named the Best Advocate at two international moot competitions. Grace is also passionate about mentoring law students and writes a blog for that purpose: lifelivewithgrace.com.

The Benefits of Coaching for Young Women in Law | Gina Alexandris

Wed, 05 Jan 2022 14:00:00 GMT

Those in sports never think twice about working with a coach; in fact, it usually is considered a given for athletes in order to grow, develop and move forward in their athletic journey. So…why is it not equally a given for young women in law? I remember in my 4^th year of practice when I felt lost, it seemed unheard of to seek out a coach. Yet, I did, and there was no looking back. Now, through YWL, you too can engage a coach. Although there are many more, here are seven benefits you will find in doing so

1. Reflecting on some much needed self-discovery

One of the most exciting “aha” moments in coaching is when you determine that what you do (or might do) aligns so well with who you are and what you believe. When did you last spend any amount of time thinking about what you really value, what matters most to you? Having spent many years in pursuit of becoming a lawyer (often undergrad, law school, licensing exams, articling or LPP placements, call to the bar), and then finding and making it in that first role… you likely became disconnected with the “why” of what you are doing. A coach works with you as you re-discover, or sometimes discover for the first time, what makes you thrive. When you are more closely aligned with your values, you feel a balance, an ease that is not present when there’s a misalignment, and this helps your choices of workplace, employers, clients and even the type of work in law you might pursue.

2. Getting unstuck and moving forward

At various times in your career (and personal life), you feel absolutely stuck – as if there is a huge boulder in front of you and you simply cannot get past it. Through conversations with a coach, a couple of things happen. First – you define that boulder: what is it? how is it getting in your way? Second – you explore ways that are right for you to deal with the boulder: go around it; under it; over it; smash right through it; or…realize there actually is no boulder standing in your way! This internal work often allows you to better deal, for example, with that new senior partner or make that pitch to a new client or navigate a new workplace.

3. Recognizing patterns that are holding us back

Sometimes it may not be huge boulders in your way, but behavioural or other patterns that you have been engaging in that either never served you well…or have stopped serving you now. Through conversations with a coach, you begin to recognize these patterns, from how you choose to spend your time (anyone else out there scrolling too much through social media these days?!) or ask for work or respond to feedback from a supervisor or engage in professional outreach or networking. Once these patterns are identified, you work with your coach to bring about new responses that better serve your goals.

4. Keeping your goals in sight

As life moves on and various decisions, big or small, are made, individually you may lose sight of your bigger goals. Daily messiness can cause you to forget or not focus on navigating to where you want to go. During coaching sessions, your coach will regularly shinea light and remind you of your stated goals or purpose, bringing you back on track if you have deviated (or forgotten) that ultimate purpose.

5. Offering an Accountability Partner

Most of us are disciplined in our legal practices, but when it comes to other elements of personal and professional goals, we often let things go unless we are held accountable to someone else. Part of the job of your coach is to check in with you about the status of mini goals you have set or tasks you wish to accomplish. And they will ask you why you may not have completed them and support you getting on track. Remember, your coaching relationship is a two-person journey, and your coach is there alongside as you move towards your desired goal.

6. Asking powerful questions to motivate and inspire

Coaches are neither therapists nor advisors. They listen a lot and then, based on what you have shared, will often ask truly powerful questions that you may not have considered. These questions will help you think through some of the challenging obstacles you are facing and think through some of the tremendous opportunities available for you to explore. The look on a client’s faces when a powerful question lands well is incredible for a coach; that sense of “oh wow, I never have considered this!” And remember that your growth does not happen only during your conversations with your coach. Your coach having laid some groundwork for you and asked some significant questions, much of the work you will do happens between your coaching sessions, as you reflect on the conversation while you go about your daily activities.

7. Championing and empowering you

Let’s return to the sports coach/athlete analogy from the start of this article. You know you are bright, capable, curious and creative. But sometimes you forget, doubt yourself, question your actions or decisions. Working with a coach offers you someone who is there for you, with you. While going through the work of identifying your values, smashing through your obstacles, recognizing unhelpful patterns, reminding you of your goals, holding you accountable and asking you powerful questions…your coach also stands as your champion, encouraging, motivating, empowering and inspiring you to keep being the amazing individual you are. And let’s face it, we can all benefit from a supportive champion in our corner these days!

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Author: Gina Alexandris

For over 20 years, Gina has been inspiring and supporting individuals and organizations to strategically define their hopes and achieve their goals. As the Senior Program Director of Ryerson’s Law Practice Program, Gina is responsible for the development, implementation and general management of the new innovative transition year training program for licensing Candidates in Ontario. In this role, she is responsible for ensuring academic excellence and the quality of service and program delivery for participants, and outreach to hundreds of contributing members of the legal profession. Gina was also actively involved with the development and launch of Ryerson’s new innovative law school. With a passion for adult education, leadership and diversity, she completed her Masters of Education in 2012 and received her Coaching Certification in 2017. Gina developed and directed the award-winning Internationally Trained Lawyers Program at the University of Toronto’s Faculty of Law and spent more than 12 years with Osgoode Hall Law School of York University, first as Director of Career Services, followed by nine years as the Assistant Dean of Student Services. Between 2013 and 2014, Gina was the Director, Strategic Planning and Knowledge Management for the Legal Services Division of the Ministry of the Attorney General of Ontario. Following her graduation from Osgoode Hall Law School, Gina began her legal career practicing family law and civil litigation in Toronto, Canada.

Seven Ways to Get The Most Out of Coaching | Delee Fromm

Tue, 21 Dec 2021 01:23:09 GMT

Coaching is about discovery, change and achievement. Exciting and heady stuff, right? As a coach for the past 30 years, I can confidently say that coaching is always a two-way street. What the client brings to the process is equally important, if not more important, to what the coach does.

So how can you as a client maximize your coaching experience and make it most efficient? Here are some suggestions involving approach, preparation and engagement.

1. Get Clear. Before the session think about what you hope to accomplish. What are your personal goals? What are your major concerns? Reflect on specific experiences that illustrate your concern or challenges. For example, if you wish to develop a particular skill such as conflict management, remember a time when you had difficulty dealing with a disagreement. How did you prepare, what did you do, what happened, and what did you learn?

2. Come Prepared. Make a list of areas you wish to work on. Or, if you can, create a list of personal goals. One client called goal setting magical because goals become more achievable once they are made conscious. If you are uncertain about areas or goals, tell your coach so you can work together on making them clear.

3. Be Open. This includes being honest, even about things that are embarrassing. The coaching relationship is a safe and confidential place for you to explore, express feelings and test your ideas. It also means being open to change and seeing things in new ways. A great benefit of coaching is discovering new perspectives on challenging issues that enable you to find new and innovative ways of addressing them.

4. Be Responsible. Be ready to take action and do the work. Part of what a coach does is to encourage you to go beyond what you normally think, do or achieve. To help with this a coach will often give you ‘homework’ to complete between sessions. These actions can be challenging but this is where the real discovery and transformation takes place – in your own life.

5. Practice Reflection. Coaching involves an action-reflection cycle. Reflection allows you to step back and critically analyse what worked and what didn’t. You can reflect in private and also with your coach. Reflection plays a key role in skill development and greatly enhances learning.

6. Ask Questions. Perhaps you have heard the adage “the only bad question is the one left unasked”. The more you communicate with your coach, the better able she will be to understand you and to help. By asking questions, new insights can arise and new perspectives be gained.

7. Have Fun! Neuroscience tells us that we all learn more and remember better when we are having fun. Being committed, prepared and responsible doesn’t mean no enjoyment allowed! Be playful: It increases creativity and enhances our openness.

_______________________

Author: Delee Fromm

Delee Fromm is an author, lawyer and former psychologist. As a professional speaker and coach, her services cover the arenas of unconscious bias, skill development and career advancement. She is a career coach with the Law Society of Ontario and on the advisory board of Young Women in Law. Her books include Advance Your Legal Career: Essential Skills for Success, Understanding Gender at Work and A Workbook for Understanding Gender at Work (co-authored with Rocca Morra Hodge).

For more information about her, please go to her website at www.deleefrommconsulting.com and her profile on LinkedIn http://www.linkedin.com/in/deleefromm.

9 Tips to Having a Baby and a Booming Law Practice | Kim Gale

Sun, 08 Aug 2021 17:50:24 GMT

The time has come in your life to grow your family. Congrats! You might be like me and have every emotion possible. Joy. Excitement. Anxiety. For young women in law, there is the added question of maternity leave. For young women in law with their own law practice (or your own clients), this really does become a huge question mark.

For me, I have my own practice and the buck starts (and stops) with me. Then the pandemic hit, and then I was expecting and I had to figure out what my firm would look like with a baby in the picture. I didn’t find many resources on how to do it all (as I later learned – no one can do it all). So, I figured it out as I went, and I’m excited to keep this discussion ongoing as there are so many tips we can learn from each other. My baby girl is 4 months old, and I am learning everyday how to be the best lawyer and mom.

Here are some tips I learned along the way.

#1 It takes a village

I am here to tell you the words you already know – it takes a village. I learned very early on that I needed an assistant. This doesn’t surprise you, but law is very administrative heavy. That admin work ties you up from doing other things to grow your business, like marketing, heck even just spending time recharging the batteries.

I also highly recommend having a bookkeeper who can reconcile your books by the 25^th of the month for the previous month to stay compliant with the LSO rules. When you’re in the thick of baby and keeping your practice afloat, your future self will thank you for it!

#2 Put systems in place

Do you have systems in place which allow others to jump in if you’re not available? Does your current software need an upgrade? Are you able to work/continue to work remotely? Is there a system and procedures for intake calls, opening new files, sending out Zoom calls, collecting on accounts in arrears – ie. all the fun stuff!

For me, I switched from PC Law, which was not remote/ cloud based, to Cosmolex. It was an expense, and it took a significant amount of everyone’s time to migrate and then learn the new software. But looking back, it has streamlined a lot of our docketing, invoicing, and accounting. My bookkeeper can log in remotely. Goodbye TeamViewer!

How can you make your life easier?

#3 Build your team

Another decision was growing our team. I hired an associate, not even very mindfully, but I was swamped and had found a newly called lawyer to help me with legal research and finalizing drafts. I was impressed with his skills and realized that having another lawyer, which means having another pair of eyes and ears, was a value add. If things continue in this trajectory, I see the value of adding another junior lawyer. The same reasoning applies. Another lawyer to draft materials, to speak to clients regarding certain issues, and draft correspondences, frees up your time to delegate, market, and spend the cuddle time with your newborn. I get it. Hiring another associate is an additional expense and the future is that big question mark. The truth is you are building a thirty-year career and it is helpful having another lawyer by your side to help ensure your practice runs smoothly as you recover from having a baby (and go to the millionth and one doctor’s appointments).

Preparing for a time where you will be more hands off forces you to be more efficient. I took the time while pregnant to look at my needs and wasted no time to fill them. This ramp up period helped me to take time away, my next tip.

#4 How to briefly take time away

I took a three-week vacation to go to London, England in 2019, and I had serious anxiety about being away. Of course, everything could wait and what couldn’t wait my summer student at the time handled. I hopped on to my emails only a few times. Planning my time away post-pregnancy felt different. I didn’t know how much time I would need, and what I could/ couldn’t do. Of course, there is no right answer. You will soon have two babies – your practice and your human (maybe you have more human babies!) This is a venture into the unknown.

If you have your own firm, you can decide whether it makes sense to have a cooling off period. For example, we didn’t take on new clients for about four months. You might think it was four months after baby but it was three months at the end of my pregnancy and one month post-baby. I was exhausted beyond belief being so pregnant (and then I was two weeks overdue). Saying no to new clients allowed us the time to focus on our current clients. My due date gave us a great deadline to move court proceedings forward before my “maternity leave.” This is in quotes because I never really set an out of office reply and to my clients, someone was always around and I was still there making sure they were happy. I will say not taking on new clients during that time permitted me time away. It also gave me time to train my new associate and put all those systems in place I mentioned. We are now back to full speed and forging new relationships with new clients.

Do I have fomo of what could have been? Yes. It is normal to have that knee jerk reaction that you should be taking on clients. The truth is it makes you a better lawyer to know what you have time for because it means you’ll be focused on your existing files. There is plenty of time for the make-your-year file.

#5 Power of the Pen

I am a huge advocate for printing off drafts, marking them up, and then taking a picture-to-scan to send to my associate or assistant. I find this is the easiest and quickest way to move things along the approval process. My associate sends me one email with his drafts, I print everything and throughout my day I mark it up and send it back. I sometimes draft paper to pen, or in my notes section of my phone. If there is time in my day, it is easier to return to writing in a notebook or writing in my phone then drafting on my computer. I actually wrote my first draft of this blog post in my notebook! Shout out and thank you to my assistant Jessica for typing it up!

#6 Plan in advance

It is tempting to have the “I’ll just do it myself” mentality, but this is not sustainable – especially when sleep is a finite resource. Looking at the month or even months ahead, what deadlines are coming up? Impress upon your team what is priority, what are the deadlines and have no hesitation to send drafts back well in time for this back and forth. If there is any aspect that can be delegated - delegate.

Plan an extra 2-week lead time to allow for the back and forth of re-drafts. This removes stress of last-minute drafting and re-doing the work. This extra lead time has been a game changer as it only required my feedback along the way which is much less of my time than re-drafting. Your work time, like sleep, at the beginning stages are finite. Last-minute is a thing of the past. It is a win-win-win when you can plan in advance and stay on top of your deadlines.

#7 Phone-a-friend

Do you remember the show Who Wants to be a Millionaiire? The ways to get the answer were called “lifelines”. One lifeline is called phone-a-friend. Lifeline is a good word for it! Support during this time is crucial, and the friend you call doesn’t have to be a lawyer. It can be anyone who gives you the confidence and always needed cheerleading boost.

If you’re stuck on a legal issue, and you don’t have another lawyer to call, there are organizations you can contact. If you head the Ontario Bar Association’s website, go the practice areas section and reach out to someone on the section. Lawyers are always happy to help each other. I’m always happy to hop on a call and discuss estate litigation. There are also resources available for legal research including the Great Library and also the Toronto Lawyer’s Association (“TLA”) (by membership). I work closely with TLA and I can attest that they are a fantastic resource for young lawyers. Reaching out to friends, in any capacity, helps us navigate this new role of mom and lawyer.

#8 Structuring home life

What are the ways you can structure your new mom role that allows you to have time to recharge and also get out that case conference brief? What has helped me is having a magic erase calendar on the fridge with my call/ Zoom schedule and all appointments (with colour-coded markers, of course). If everyone is working from home, it helps us figure out where to be and who is doing what.

Structuring your day so you can co-ordinate schedules will help you carve out some time for the work zoom calls, and personal doctors appointments. I made the decision, for now, to not accept calls before 11AM so I have time to sleep in if the baby keeps me up, to look presentable (if on Zoom), and to read anything and catch up. I also put all my non-work meetings, in my calendar (both fridge and Outlook) so I’m not double booked. One thing I do recommend is weekly video chats with your team to discuss the status of files, marketing, etc. We just started this a month ago and it has been extremely helpful to know where we are at.

#9 Matt-leave activities

This new baby phase is A LOT. Especially still maintaining an entire practice. Then there’s a pandemic on top of it. I joined a mom Zoom group and I figured if I meet one person it would be worth it. What I found was a whole resource of friends and activities – and as park hangouts became permitted, most were just across the street from my house!

I signed up for a baby music class Friday mornings and I look forward to it every week. What activities and people can you meet to keep you grounded, supported, and invigorated?

Warren Buffet surprised us all when he shares with Bill Gates his really blank calendar. In his words, “you can’t buy time”. This is a monumental time of your life and I hope these tips will help you with this time with your new baby and maintain your law practice!

_______________________

Author: Kimberly A. Gale, Gale Law Estate Litigation

Kim has honed her advocacy skills in a variety of settings and is a fierce advocate for her clients.

Kim is a pioneer in the legal community and is an advocate for diversity and inclusion in the field of law. She had envisioned becoming a barrister from a young age as she enjoys solving problems and negotiating. In 2007, she attended Western University and graduated in 2011 from the media program. After working in shipping and logistics and marketing, she worked as an assistant to an estate litigator in 2013. Kim enjoyed working in this area of law and pursued her dream of going to law school with the plan to one day open her own law firm. In 2015, Kim graduated from City University of London and worked as a paralegal at a Bay street firm equivalent in the UK. She returned to Toronto and completed her equivalency exams, barrister and solicitor exams and articled with the same estate litigator. In January 2018, Kim was called to the bar and launched Law For Millennials and NCA Network while working at a boutique estate litigation firm. In January 2019, Kim launched Gale Law.

Kim's experience and peaked interest in estate litigation began in 2013. She has worked on dependant support applications, disputes over who should be estate trustee, and capacity issues relating to will challenges. Kim is passionate about helping clients solve their legal issues.

Kim is founder of legal blog Law For Millennials, diversity and inclusion group NCA Network, and law firm Gale Law.

Forging Your Own Path: Alternative Routes To Big Law | Rachel Fielding & Alexander Evangelista (Fogler, Rubinoff LLP)

Tue, 13 Jul 2021 00:47:51 GMT

It is that time of year again, when Big Law firms can breathe after wrapping up another summer student recruit, and those students who were successful during the recruit can celebrate and start thinking about their "3LOL" year.

However, while there is a lot for those students to be excited for, there are many other students who were not offered a summer position during the recruit and are left asking a very important question: "What now?"

Ask any student director at a Big Law firm and they will tell you that some of the most heartbreaking moments in the recruitment process are the inevitable emails and phone calls from unsuccessful students asking where they "went wrong." The tragic part is that often there was nothing "wrong." These students are the same before and after the recruit regardless of the outcome: smart, talented and successful, with a promising career ahead of them.

While law schools do a great job of preparing students for the recruitment process, students who are unsuccessful in securing a position are often unsure of what to do next. Many of these students are left with the feeling that just because they did not get a summer student or articling position at a Big Law firm, that "door" is closed to them forever.

As two associates at a Big Law firm, who did not get hired here during their summer or articling recruits and took a "non-conventional route" to get to where we are today, we can safely say that nothing could be further from the truth.

Neither of us had any connection to Fogler, Rubinoff LLP prior to being hired. After not obtaining a summer position at a Big Law firm, both of us went on to summer and article at fairly small boutique firms. Both of us used that opportunity to obtain hands-on experience, enough so that when we did apply to our firm down the road, our resumes stood out. There was no magic to it. We worked hard, taking what we could from our experiences, so that when the time came and we had an interview, we could have something worthwhile to talk about.

In fact, we are not the only ones who came to practice at our firm through "non-conventional" methods. Here are some stories from our colleagues who also carved their own paths:

My first "legal" job was as a summer student at a boutique firm in northern Ontario where I practiced wills and estates law. Although I was grateful for the opportunity, I learned that area of practice was not for me and started looking for new opportunities in corporate law. I was fortunate to then complete my articles at a private equity firm. Traditional advice would have told me that I needed to article at a Big Law firm or my goal of becoming a corporate lawyer would be a done deal (no pun intended). However, during my articles, I gained insights into what's important for business professionals and what it feels like for a "client" to engage with external counsel. I also met an amazing mentor, who pushed me to get outside of my comfort zone. He encouraged me to take the Canadian Securities Course while articling, which peaked my interest in securities law, and ultimately to apply for a role as a Securities Associate at Foglers. Through my experience, I've learned that, regardless of the path you take, staying true to who you are and recognizing your values, strengths and weaknesses will lead to success. Surround yourself with people who inspire, motivate and push you to be your best, whether it be mentors, colleagues, friends or family. This will lead you to success and satisfaction in your role as a future lawyer, whatever that might look like. – Jennifer A. Humphrey, Securities Associate, 2018 Call

I was dead set on landing a summer position through OCIs. When my phone didn't ring at 5pm on offer day, I was devastated. I let that define me for my entire 2L year. Nine months later, I dove into the articling recruit, which allowed me to hone in on firms that appealed to my interest in litigation. I landed an articling position with a boutique firm, which provided with a fantastic articling experience. Unfortunately, I was on the hunt for an associate position not far into the COVID-19 pandemic. Fortunately, I was hired into Foglers' litigation department. I was led to this opportunity entirely through my network: recruiters and lawyers that I had kept in touch with over the course of my job searches, who then connected me with new connections. My advice to disappointed 2L students who hope to end up at a Big Law firm is to stay in touch with as many people as you can and leverage those relationships. You are more likely to land a position through a connection than through a formal job posting. Not only will strong networking potentially land you your dream job, but you will benefit professionally from having made those connections. Lawyers and colleagues are usually happy to pass your name along or chat. Don't be afraid to ask. – Adam Varro, Litigation Associate, 2020 Call

My best advice is to stay the course, even if things don't work out at first. Following the linear path and landing a student position through a recruit is great, but there are lots of other opportunities for young lawyers. Your work experience, the people you meet and the reputation you build for yourself will be increasingly more important once you're outside of law school. Not everyone's path is linear and no two journeys are the same. – Sasha Kraus, Wills and Estates Associate, 2014 Call

While each of these associates had a slightly different story, they shared one commonality: they did not give up in the face of adversity. If working at a Big Law firm is your dream, then there is no reason why you cannot continue to work towards it.

So Where Do You Go From Here?

The answer is simple, you keep pressing on. While your summer or articling position might not be what you had hoped for, knowledge and experience are never wasted. Use this time to:

Develop your legal skills and work on your experience;
Reach out and build relationships with lawyers and mentors; and
Keep working hard and working on yourself.

Eventually, you will find a great position where you can excel at and be happy. We hope that this article shows that you are not alone; there are many associates who are building successful careers in Big Law firms who came from other paths outside of the formal recruits.

So, if you were not successful during this summer recruitment process, take a breath. As you can clearly see, there is life, and success, after this if you just keep moving forward.

_______________________

Authors: Rachel Fielding & Alexander Evangelista (Fogler, Rubinoff LLP)

Rachel Fielding and Alexander Evangelista are both litigation associates at Fogler, Rubinoff LLP.

What do you do when you’re not hired back?

Mon, 12 Jul 2021 13:00:00 GMT

A few years ago, I was part of the Law Placement Program (LPP) which placed me in a small IP law firm in Ottawa specializing in Trademarks. My goal was to work in IP law, my dream come true. However, my hopes were dashed at the end of my time there. The firm was run by a sole practitioner and they did not have the budget to keep me. This left me devastated.

At the time, I had circled to a dark place. However, upon reflection I realized that there were a lot to gain from this experience.

Here are some of my tips that got me through the ‘fire back’.

1) Rest

You’ve been working hard, so just take a break! You have the rest of your life to work so enjoy the time off. Take care of yourself. You will find a position, I promise.

2) It’s Not You

Let’s face it, you’re incredible. You endured three years of one of the most challenging subjects in the world and everyone knows it. This is only a minor setback in the grand scheme of things. Articling and work placements are only short term.

After any job, you can always find another. Do not take this business decision personally and move on.

3) Be Open

When I was not hired back at the firm, I was narrow minded at the start. I was motivated to find a career in IP law and didn’t understand why I wasn’t able to achieve this.

But soon after, I began working at a legal tech firm which seemed to peak my interests similarly to IP law. In this position, I worked with people in varying fields and gained insight into the needs of legal professionals. I had the chance to dip my toes in sales, marketing, design and the ‘coding world’. This has been one of the most rewarding experiences of my career.

I also found an opportunity back in law in a completely different, real estate law. With nothing but my old notes, I was surprised to learn that not only was I interested in the topic, but also good at it.

If you are struggling to find clarify after articling or your LPP placement, remember there is always a place for you.

You just have to find it.

Learn more about dealing with hire back, and join us for our Life After Hireback Event on July 13^th. You can register here: https://youngwomeninlaw.com/event-4391207

Author: Anonymous

From one BA (Buenos Aires) to The BA (The Big Apple): My Journey Bridging Different Worlds | Diana Muller

Thu, 10 Jun 2021 00:44:43 GMT

I was born and grew up in Buenos Aires, Argentina, a beautiful country with the Iguazu Falls in the North and incredible glaciers in the South, full of natural resources. At an early age, I was determined to become a lawyer and work in my father’s law firm. Although I did several internships with my father’s firm as well as other firms during my years at the University of Buenos Aires Law School, I met my future husband Roberto (Uruguayan) at the age of 17 and my destiny changed dramatically and for the best. He graduated from the University of Leeds (U.K.) as a textile and chemical engineer and was hired by DuPont in Argentina. I made it clear to him that I would graduate as a lawyer and raise a family while continuing to practice law. And I did just that! While in law school in Argentina I raised my first child and graduated in 1974 as a lawyer while expecting my second child who was born one month later.

As my husband’s career progressed, he was appointed as the President of the first Levi Strauss & Co subsidiary in Argentina and as a result, my professional career became more exciting. The exposure to the LEVI’S trademarks and my contacts with several companies’ Intellectual Property (“IP”) legal counsels inspired me to look into the IP practice especially in the areas of trademarks and copyrights. I recall so many issues that captivated my attention. At the time there was an organization called Agencia Ayacucho located in Buenos Aires, very well known for registering famous trademarks without the approval of the legitimate owners. I visited its principal for an interview and was shocked to be welcomed by several columns of well-known magazines such as VOGUE and ELLE. Ayacucho was instrumental in creating companies that registered famous and new trademarks in Argentina. Designs and combinations thereof were offered for sale to the legitimate owners in the US and Europe for substantial amounts of money. This Agency became familiar with the new trends and trademarks that appeared in the worldwide market and could register these trademarks. Argentina and many other countries follow the principle of first-to-file which establishes that the right to a trademark belongs to the party that first applies for it. The earliest filing date prevails over the date when the mark was first used in commerce. Nowadays, companies maintain watch services and are more vigilant on improper filings on a worldwide basis that permits them to file oppositions or cancellations. Although the laws have adopted the concept of “notoriety” to challenge these registrations, the court cases could take a long time in deciding these issues, especially if the legitimate owner does not own trademark registration in the first-to-file country.

I became aware of the many instances where the LEVI’S trademark and logos were copied with exact duplications or confusingly similar terms or designs. Many stores have seamstresses in the back dedicated to sewing the LEVI’S trademark when a customer required this particular product. In addition, somebody registered ROBERT LEWIS for jeans and used ROBERT in small letters and LEWIS in a prominent manner creating obvious confusion in the Argentinian marketplace. Counterfeiting and trademark infringement was rampant at the time and I was more and more immersed in learning how to prevent these actions.

After a few years of both working in Argentina, my husband got a great offer from Levi Strauss that resulted in our moving to their Latin American Headquarters in Florida, United States of America. Although I was excited, I was also sad to leave my family and friends but as an ambitious woman, I felt that this could be a great opportunity for me as well. The big break came two years later when we were asked to move to San Francisco, where Levi Strauss’s main Headquarters is located. During my time here I took a lot of courses in International Law at the University of San Francisco where my interest in IP law continued to develop and I worked on improving my English.

(Diana pictured in the middle, with Pony and athletes)

As a woman and immigrant, it was not easy to develop an IP practice, as it was a field dominated by men, but drive and determination made the difference for me. Due to another great opportunity, my husband and a former VP of Levi Strauss decided to form a company in New York City in the athletic footwear sector that became quite successful in the 1980s. The company was Pony International, Inc, which quickly became a famous manufacturer of athletic footwear and apparel and was eventually sold to Adidas. We moved to New York City and my friends in San Francisco asked me: “why are you leaving this beautiful city”. My answer was: “I missed pollution!” I grew up in Buenos Aires which had plenty of it. I handled the protection of the PONY brand and the Chevron Design on a worldwide basis and also got the chance to meet famous sports figures who were interested in the protection and enforcement of their names and likeness.

I got my first job in New York City at Haseltine, Lake and Waters, a firm dedicated to the protection and enforcement of IP on a worldwide basis. My mentor at this firm was the famous professor Eric Offner who introduced me to the various authorities on IP. Many members of the firm taught me about trademark practice and prosecution at the United States Patent and Trademark Office and also, in foreign countries. I got to correspond with many foreign practitioners. Soon I learned that the best foreign contacts would be made by attending IP Conventions. I recalled hearing that the USTA (United States Trademark Association) was organizing a Convention in San Francisco. I was not selected by the firm to attend since senior lawyers had priority over me. I figured out that the only way to attend this Convention was by organizing my trip as a vacation, paying for the registration fee and staying with my friends in San Fransico. It was the beginning of a successful career. There were 800 attendees from all over the world, very few of whom were women. At the end of the USTA Convention in San Francisco, the professional ladies made their mark and were known and respected by the male population who remembered us by our first names. I was able to meet the most prestigious IP lawyers from various countries. Many of them became family friends and loyal colleagues. Soon thereafter, I learned that ASIPI (Inter-Americanx Association of Intellectual Property) was looking for new members from the United States. I became an active member of this organization and was selected as the US representative for several years.

The USTA was renamed and it is now known as INTA (International Trademark Association). Their current annual meetings average more than 10,000 attendees.

(Diana pictured second from the left, with her family)

Looking for more opportunities while working for Haseltine, Lake and Waters, brought me to a subject that the US companies were desperate to understand and deal with. All developing countries (including the Latin American countries) and some industrialized countries were enacting new stringent transfer of technology laws that required the approval by their Governments of transfer of technology/IP license agreements for the remission of royalties abroad. The subject was quite complex because many of the countries did not have proper translations of their applicable laws or any understanding of the Governments’ behavior as to the ultimate decisions. After discussing the matter with Mr. Offner, I became the person in charge of the negotiations and lectured on this matter. The first was organized by the Fieldstone Press at the Waldorf Astoria.

I handled plenty of negotiations with authorities of various countries about the reasons why the agreements were justifiable as well as the remission of royalties to the licensors. I will never forget a comment from a male lawyer with the Mexican Transferring of Technology Office that questioned the need for Maidenform’s Mexican licensee to pay a royalty for the technology involved in the construction of a bra. We proved that there was plenty of innovation and technology in designing and constructing bras and the license agreement was approved!

A few years later, Eric Offner, decided to leave Haseltine and form his own firm. He invited me and my friend Perla Kuhn (a lawyer also born in Argentina) to join him. It was a challenge for me to leave the security of Haseltine and start something new. However, it was the right decision. While working at this firm I had my third child and also raised my nephew that was a high school student and lived with us. After 19 years of working together, Offner retired and Perla Kuhn joined a large corporate law firm in Wall Street. Since I wanted to remain in an IP boutique, I contacted George Gottlieb, a founder and senior member of Gottlieb, Rackman & Reisman. I knew him and his wife socially and admired his ability to handle IP litigation and give creative solutions to many important clients. I also liked the GR&R patent department at a time where sophisticated patent lawyers were very much on demand in the electronic and digital world. I reached an agreement and brought my practice and clients to GRR. I have been very happy with this firm since 1997.

(Diana is pictured second from the left, during her presentation for Oscar de la Renta)

The most important thing through my career has been witnessing the increased number of IP professional women as patent, trademark and copyright lawyers, agents and paralegals. I mentored several IP female students and lawyers and have enjoyed seeing their successes and helping them along their way. We have long discussions about how women need to multitask at so many levels, which is difficult and exciting at the same time.

The opportunities and challenges come and go but we should remain alert and interested in progressing in our respective careers. It has not been easy for an immigrant like me to get to this point but the United States is certainly full of opportunities!

_______________________

Author: Diana Muller, Counsel to Gottlieb, Rackman & Reisman, P.C.

Diana Muller is a recognized expert in international trademark and copyright law, worldwide licensing, and in the transfer of technology and security interest agreements. Her work with sports marketing firms, sports agents, and professional athletes has also made her a driving force behind the creation of programs, here and abroad, for the protection of the names and likenesses of famous sports figures and entertainers.

Ms. Muller has written and lectured extensively on such topics as licensing, trademark developments, foreign investments, and the protection of intellectual property rights in developing countries. She has spoken at the New York Women’s Bar Association and the National Conference for Women in Business, on the subject of careers in entertainment and fashion licensing. Ms. Muller has been a guest lecturer on intellectual property at New York University and at Inter-American Association of Industrial Property (ASIPI) conventions where she has given talks on sports licensing IP licensing, and the protection of images in Costa Rica and Mexico. She is also actively involved in ASIPI’s Trademark and Administrative Committees.

Ms. Muller has taken part in panel discussions for many institutions and publications, such as at the inaugural Women’s Wear Daily Legal Roundtable on Protecting Intellectual Property, where she spoke about the financial losses companies face when they fail to see global counterfeiting as a serious threat.

Ms. Muller is the president of the Entertainment Law Committee of ASIPI. She has been involved in the preparation of a Seminar on IP in the Entertainment Industry in Puerto Rico in 2017 and a webinar and article involving IP legal protection of video games. Ms. Muller has assisted in the protection of IP rights in the hospitality business including, restaurants, hotels, spas as well as wellness and health industries.

What You Really Really Want: Effective Job Searching As A Mid-Level Associate | Melanie Shields

Tue, 20 Apr 2021 23:31:17 GMT

The saying “the days are long, but the years are short” could easily apply to the first few years of practice for lawyers. Despite the inevitable long days and nights, your first and second years of practice go by in a flash – you are learning lots of new skills, taking on many different types of transactions and files for the first time, and working with new lawyers with different styles. The learning curve is steep and, at times, can be exhausting, but these years serve an important purpose – figuring out how you want to shape your career.

Many candidates find that by the time they have reached third year, they now have refined their goals about their career path; you may have a better sense of what you enjoy, what you don’t, and what direction you’d like to take your career in the years ahead. You may have also noticed that a lot of the job postings out there specify that magic “3 to 5 years of experience” – it’s no coincidence. Not only are you ready for the next step, your next employer is ready for you too.

If you’re feeling like a change, it’s a great time to explore your options, as mid-level associates are often in high demand. Before you start plugging “legal” into every job search engine you can find, here are some ways to make your search more efficient and more successful.

Narrow It Down

Before you start your search, take the time to figure out what you are looking for. This is not to say you should have a singular focus or job title in mind at the outset, but you can save a lot of time during your search, as well as the pain of making an impulse move, if you have some direction. To figure this out, consider the following:

What have you learned so far?
What are you good at?
What do you like doing? (This may not be the same as what you’re good at)
What do you enjoy about your current role?
What don’t you enjoy?
Why have you decided to look elsewhere?
What kind of environment are you looking for? Consider the size of the team, and support available

There are no right or wrong answers - some people might value more flexibility over salary. Others may want a larger platform with more sophisticated deals, understanding that this may mean a less flexible work schedule. Whatever you value, it’s good to know your “must-haves”, your “nice-to-haves” and your “deal breakers” before you start looking. Now you can weed out the roles that aren’t a fit early on.

Think Practically

The past year has made many of us realize that there is a lot more to a job than the actual substantive work. The pandemic has forced us all to adapt to new ways of working and the silver lining has been increased flexibility that we previously have not seen in the legal profession. The million dollar question is, of course, how will working look under the “new normal”? While no one can answer this yet, it is important for you to consider the practical points as well, such as:

What salary range are you targeting?
What geographic location are you considering? How open are you to commuting or moving?
How important is title to you?
Do you need or want remote/flexible working on an ongoing basis?
Do you need or want a certain level of mentorship? Or are you open to taking things on more independently?

Update That Resume!

Now that you have some direction, it’s time to update your resume. Proper resume drafting is an entire blog in itself (check this blog out for our best tips!), but the crucial point is that it should be tailored to the job you’re seeking and should highlight your skills accordingly.

Think of your resume like a newspaper: what needs to be “above the fold” to catch the eye of a hiring manager? Draw attention to the experience and transferable skills that match the direction you’re heading, and understand that your resume is not carved in stone. As you start reviewing job descriptions and applying to suitable roles, you should consider if your new and improved resume highlights what you need for each particular role. If it doesn’t, change it. It’s worth the effort early to hopefully move on to the interview stage.

While you’re updating your resume, don’t neglect your LinkedIn account. Make sure your job history, with details regarding your area of practice, is up to date and consistent with your resume if you’re looking to make a change.

You’re now ready to start your search! Stay tuned for our next blog which will explore our best tips for mid-level jobs search and an update on current hiring trends.

_______________________

Author: Melanie Shields

Melanie is a Recruitment and Communications Consultant with The Heller Group. She is involved in the recruitment and placement of lawyers into law firms and corporations. Melanie is also responsible for the corporate communications related to The Heller Group.

Commemorating Black History Month | Farrah Rahman

Fri, 26 Feb 2021 02:14:01 GMT

Every February, we commemorate the accomplishments and sacrifices of notable figures in the Black Community. Black History Month is a time to educate and re-educate ourselves on significant milestones, from the abolishment of slavery to raising global awareness on police brutality. Names of most notable figures that come to mind include Frederick Douglas, Martin Luther King Jr., and Malcolm X. However, there are also many remarkable women who, through their social activism, have and continue to pave the way for women's rights. This year, I would like to give recognition to a few of these remarkable women.

Rosa Parks

Rosa Parks is best remembered for refusing to give up a front seat on a segregated bus during the 1950s in Montgomery, Alabama. It is unknown whether Ms. Parks' stance was an act of protest or simply a personal reaction to stand her ground, but Ms. Parks' actions (and subsequent arrest) inspired the local Black Community, including Martin Luther King Jr., to protest bus segregation. As a result, a U.S. Supreme Court found bus segregation in Alabama unconstitutional in 1956.

Ida B. Wells

Ida B. Wells founded the first suffrage group for Black women in Chicago called the Alpha Suffrage Club. Even though Ms. Wells had the support of a number of white women advocating for a woman's right to vote, Ms. Wells and other Black women were banned from participating in the historical 1913 women's suffrage parade. Ms. Wells and her allies wrote letters to the event organizers to allow for the Alpha Suffrage Club's participation in the parade. They finally agreed to allow them to march in the back of the parade. Ms. Wells refused to march in the back; instead she stood side by side with her white co-suffragists. Ms. Wells will be remembered for her unwavering dedication not only to moving the Black Community's demand for civil rights forward, but also for her participation in the eventual legalization of women over 21 to vote in Illinois.

Ernestine Eckstein

While pushing for recognition of basic civil rights for all citizens, Ernestine Eckstein also played a significant role in the advancement of LGBTQ rights. Ms. Eckstein was involved in a variety of civil rights groups including the NAACP, but will be remembered for being the first Black female to be a member (Vice President of the New York Chapter) of the Daughters of Bilitis, the first lesbian civil and political rights organization. Starting in the 1960s, Ms. Eckstein was one of the first Black women to argue that LGBTQ rights are civil rights.

Amanda Gorman

Through the power of a five-minute poem recited for the world to witness, Amanda Gorman's words have, and will, continue to leave a graceful mark on this world. By way of art, Ms. Gorman illustrated varying degrees of social issues through persuading her audience on the importance of acceptance, resilience and looking within. Being the youngest poet to perform at a presidential inauguration, she has inspired women of colour to carry forward her message through their own work of art and activism.

To mark the end of Black History Month, I implore you to take time in learning more about Black History and the impact it has on where women are today. You can do so through reading books, embracing pop culture and art, and having open discussions on anti-racism.

_______________________

Author: Farrah Rahman

Learn More About Our Event Upcoming February Event - The Power of Vision: 3 Keys to Creating the Life and Career You Love! | Young Women In Law

Thu, 11 Feb 2021 04:00:39 GMT

YWL is excited to invite Eve Wahn to lead a workshop on creating a life and career that you love. Sign up here to join us on February 24^th for the event.

More About Eve Wahn

Eve Wahn is an Ontario lawyer, inspirational speaker and transformational life coach.

She has been personally involved in health, wellness and the personal development field for over 30 years, studied with world-renowned teachers, including Mary Morrissey and Les Brown, and is certified to teach and coach a number of programs.

Eve has been an Ontario lawyer for 33 years, initially with the Department of Justice (Canada), then Oslers (in downtown Toronto), a small firm and solo. She is currently on the Law Society of Ontario roster as a coach and advisor, and has coached lawyers and other clients for over 12 years. Her passion is to inspire and help people build their dreams, accelerate their results, and create richer, happier and more fulfilling lives.

What are we doing with the proceeds?

All proceeds for this event are going to the Barbara Schlifer Commemorative Clinic.

What is the Barbara Schlifer Commemorative Clinic?

The Barbra Schlifer Commemorative Clinic is a specialized clinic for women experiencing violence, established in the memory of Barbra Schlifer – an idealistic young lawyer whose life was cut short by violence on the night of her call to the bar of Ontario on April 11, 1980. In her memory, the Clinic assists approximately 4,000 women a year to build lives free from violence through counselling, legal representation and language interpretation. We amplify women’s voices, and cultivate their skills and resilience. Together with our donors and volunteers, we are active in changing the conditions that threaten women’s safety, dignity and equality.

Upcoming: YWL to Introduce Coaching Program in 2021 | Young Women In Law

Wed, 16 Dec 2020 20:19:44 GMT

YWL is excited to announce that in 2021 we intend to launch our long-awaited Coaching Program, exclusive and complimentary to YWL members only!

What is Coaching?

YWL will connect interested members with professionally certified coaches who are experienced in coaching lawyers and members of the legal community.

Coaching refers to a thought-provoking and creative partnership between a member and a coach that inspires such member to maximize her personal and professional potential, often unlocking previously untapped sources of imagination, productivity and leadership. Specifically, coaching may help a member identify strengths and values, recognize challenges, develop career plans, enhance career skill development and create a balance between work and personal life, among other things. If you are interested in the coaching program, let us know by completing a quick survey here.

When There are Nine | Estee Nemetz

Fri, 27 Nov 2020 01:10:16 GMT

It is no secret that retention of women in the law has always been, and continues to be, an issue. Women are relatively well represented at all three associate levels (junior,midlevel, and senior), where they account for about 46 percent of attorneys. However, this picture changes sharply as attorneys advance to more senior levels. Men continue to be more likely than women to be partners at law firms, 2018 statistics from the Law Society of Ontario show. The statistics, released as part of the Law Society of Ontario’s 2018 Annual Report show that about 12.4 per cent of lawyers in Ontario were male law firm partners, compared to only 4.3 per cent of lawyers who were female partners.^[1]

Jennifer King, a partner at Gowling WLG in Toronto and chair of the firm’s Recruitment and Retention committee of its Diversity and Inclusion Council, states that “We can't be complacent, because although there has been some progress, there's still the glass ceiling; there's more women in leadership positions, but still underrepresented.^[2]

“I can see the progress, but I can still see the frustration,” she says. Far more women are graduating from law school and working in law firms, but “there's still a drop-off by the time you get to partnership.”

King quotes a lawyer friend, Adrian Ishak, as saying that “women have been in the majority of graduating lawyers since the mid-nineties. Unless you really believe that women are worse lawyers than men, then if there aren't at least 50 per cent of them around your partnership table you don't have the best lawyers at that table.”^[3]

The struggle between work/life/family balance for working mothers in all different professions has never been more prevalent then during the novel coronavirus pandemic that we are currently experiencing. During COVID-19, women’s participation in the Canadian workforce has fallen to a level not seen in decades. The trend of women bearing the brunt of pandemic child care while trying to continue working has been the topic of countless articles. The New York Times recently referred to the phenomenon as a "shecession.”^[4]

Now is the ideal time for us to think about ways in which we can promote success among female lawyers and how law firms should focus on retention over recruitment to encourage women with familial obligations to remain and to flourish in the practice of law.

It has been my experience, beginning in law school, that whenever I met a fellow mom law student and/or lawyer there was an instant connection and mutual feeling of support and encouragement. Below are a few tips and advice that I have gained from fellow lawyers that are moms, and that I have learned from balancing my own law career with raising young children:

1. Find a Mentor

Find someone who you respect and look up to personally and professionally, and who can support you in your journey; someone who can guide you through difficult and complex situations and can see the bigger picture as well as the important details.

2. Don’t Drop the Glass Balls

I look at the balance as if I’m constantly juggling a set of balls; a mixture of work, personal and family. Balls will be dropped, there is no question about it. The key is to never drop the glass balls. The glass balls morph and change constantly; sometimes they can be family and sometimes they can be work, depending on the situation. Different things in different categories need to be prioritized at different times. Make sure you are flexible and can recognize the glass balls, and let the plastic ones drop if need be. You can have everything, but not at the same time!

3. Stay Present and Focused

I try and be present in whatever I am doing; if I am at work, I am focusing on work. When I come home and have those hours with my children, my focus is on them and not on checking work emails.

4. Let Go of the Guilt and Be Kind to Yourself

The striving to be a perfect lawyer and perfect mom can sometimes feel like a no-win situation, and it fuels feelings of overwhelm and exhaustion that can lead to burnout. Lower the bar and the expectation of the perfect lawyer and perfect mom. Give yourself the credit that is due for all that you are accomplishing, utilize your support system and ask for help when you need it!

The late Ruth Bader Ginsburg, associate Justice of the Supreme Court of the United States and Women’s Rights Activist, once said "When I'm sometimes asked 'When will there be enough [women on the Supreme Court]?' and I say 'When there are nine,' people are shocked. But there'd been nine men, and nobody's ever raised a question about that."

I was recently having a discussion with my five year old son about what he would like to do when he grows up. He listed a few ideas, none of which included my chosen profession. I asked him, “How come you don’t want to be a lawyer?” To which he responded, “Silly mommy; only girls can be lawyers!”

We may not have nine women on the Supreme Court of the United States yet, but I believe we are well on our way!

_______________________

Author: Estee Nemetz

Estee Nemetz is an associate lawyer at Keslassy Freedman Gelfand LLP (KFG Law), where she practices in the area of real estate law and financing. Estee is at the forefront of the creation of the "Women In Law Initiative" at KFG Law, an innovative program that aims to create an environment in which women succeed and reach leadership and partnership levels at the firm through internal mentoring, business development training, review processes and striving for proportionate representation across all levels of the firm.

^[1] https://www.lawtimesnews.com/resources/practice-management/ontarios-law-firms-were-mostly-led-by-men-again-in-2018/263551#:~:text=Men%20continue%20to%20be%20more,men%20in%20partnership%20is%20troubling.

^[2] https://www.canadianlawyermag.com/news/general/how-female-lawyers-are-redefining-success/333828

^[3] https://www.canadianlawyermag.com/news/general/how-female-lawyers-are-redefining-success/333828

^[4] https://www.nytimes.com/2020/05/09/us/unemployment-coronavirus-women.html

Thriving in Your Legal Career with Financial Literacy | Elke Rubach

Tue, 03 Nov 2020 14:00:00 GMT

University studies, licensing and articling are just some of the many requirements for young women setting out to build a successful career in law.

Another requirement that can be easy to overlook? Financial literacy.

As November is Financial Literacy Month, this is a good opportunity to highlight the meaning and importance of financial literacy in the context of a legal career.

Empowering your financial life

For young lawyers, becoming familiar with financial topics is about empowerment and being an active participant in the shaping of your financial future.

Being financially literate doesn’t mean you have to become an expert in financial matters.

However, it does mean getting to know the basics so you can ask relevant questions and have meaningful conversations with financial professionals.
After all, people lean on you for your legal expertise, so it makes that you would lean on a trusted advisor when you require financial expertise.

Financial literacy 101

Similar to law, personal financial management can be incredibly varied and complex. Yet learning some of the fundamentals can go a long way in demystifying this important topic.

The following are some of the building blocks of financial literacy:

Managing your debt. Pursuing a legal career involves many years of studies, and often significant student debt. Financial literacy means understanding the impact of this debt on your finances – including your credit score – and how different strategies can help you pay it off more quickly and at a lower overall cost.
Growing your wealth. Working in the legal sector can be hard work and high stakes, yet these careers are often well rewarded with generous compensation. Financial literacy means understanding how your income is taxed, learning how best to balance spending and saving, and identifying opportunities for growing your wealth through wise investment choices.
Protecting yourself and your family. Legal sector jobs often provide insurance as part of the overall remuneration package, but this coverage typically falls short of actual needs. Financial literacy means understanding the role of life insurance as a powerful investment tool, the importance of disability and critical illness insurance for protecting your financial well-being, and the value of locking in lower premiums when you’re younger and healthier.
Working toward goals. A legal career can be incredibly rewarding in itself, yet it can also be a means to achieving any number of life goals. Financial literacy means understanding the steps you can take now and throughout your career to help you achieve major goals, whether that’s buying a house, starting a family, retiring early or other important personal objectives.

Adopting a holistic approach

Adopting a holistic approach to your finances means ensuring that all decisions and strategies are thoughtfully aligned with your current situation and future goals.

A base level of financial literacy will help you put in place a comprehensive financial plan that covers all the bases and can evolve throughout your lifetime.

In addition to giving you greater peace of mind regarding your financial security, it will also leave you free to focus more time and energy on progressing in your legal career.

Securing your financial future

As a young female lawyer, you have exciting opportunities in a rewarding career stretched out ahead of you.

Incorporating financial literacy into your diverse skill set will help you make informed decisions about managing your money along the way.

We are waiving all planning fees for members of YWL. If you’d like to discuss your financial situation with a trusted advisor experienced in helping lawyers secure their financial future, please contact Rubach Wealth to schedule a call.

_______________________

Author: Elke Rubach

Elke Rubach is a former practicing lawyer and President of Rubach Wealth, a Toronto-based firm that supports lawyers with tax-efficient wealth, retirement, and estate planning so they can focus on developing their careers. Contact Elke at 647.349.7070 or by email at elke@rubachwealth.com.

Remote Interviews: Assessing Company Culture | Jennifer Mitchell

Wed, 22 Jul 2020 02:16:18 GMT

Just as there have been significant changes to the way we work in recent months, companies have also had to change the way they recruit in order to continue to connect with candidates remotely. While we have previously blogged about tips for conducting successful video interviews, a new challenge has emerged for candidates – how do you go about assessing a company’s culture in a remote interview?

The new normal means that you may have to make decisions about the fit of a role and a company without having the opportunity to visit the office in “normal” conditions. You will not be able to observe how the office is organized, how employees interact with one another, or any of the many other contextual clues you might have previously relied on to gauge company culture. In the absence of these sources, it is important to consider and prepare questions in order to gather the information you need to make an informed decision.

We would suggest considering the following questions:

1. Ask them to describe the office set up – is it open plan, shared or private offices? Where does the team sit in relation to each other and how do they interact with other business units?

2. What IT is in place to support remote workers? This may include hardware (laptops, headsets), as well as any subsidies to set up a home office (perhaps you need to buy an ergonomic chair, etc).

3. Have they onboarded candidates remotely in recent months? If so, what did that look like? If not, how do they envision this taking place? The size of a company will have an impact on the amount of experience a company has with remote onboarding; however, what is key is knowing that they have a concrete plan in place to achieve the necessary training and integration.

4. What systems do teams use to communicate during the day? Is there a heavy reliance on emails (and will you go most of the day without verbally interacting with others) or are there collaboration tools, such as Microsoft Teams, in place?

5. Have there been any social activities organized remotely? I have heard examples of teams organizing quizzes, virtual cooking classes, and book clubs. These may be especially important to you as you work to develop new relationships in the early months of a new role.

6. Have working hours shifted during the remote working period? You may have childcare or other obligations that mean a strict 9 to 5 schedule is not achievable for you and you will want to figure out how the company manages this.

7. What challenges have they encountered with remote working? What feedback have they received from employees since the start of remote working and what changes have been implemented? First, and importantly, this will show you if they have sought employee feedback. Next, it will help you gauge where the shortcomings are so you can decide how you feel about those.

There are no right or wrong answers to these questions. What is important is for you to be prepared to collect this information and then assess how the answers align with your own priorities and needs. Just like the interviewer will want you to provide concrete examples of instances where you have demonstrated skills, you need to make sure you are getting the same from them. Push to get specific examples of initiatives that are in place and challenges they have faced rather than high level statements about the value of collaboration and connectivity. This article provides even further examples of questions you may want to put to your interviews to suss out the culture.

Some hiring processes are moving faster than others and, depending on the company’s timeline, you may have the opportunity to have a “distanced” in-person meeting with the team but you will certainly not be able to replicate the full office experience that would have taken place pre-COVID. Thinking through what you value in a company’s culture and preparing questions will be key to ensuring you get the information you need to make an informed decision.

_______________________

Author: Jennifer Mitchell

Jennifer is a Recruitment Consultant with The Heller Group. She is actively involved in the recruitment and placement of lawyers into law firms and corporations. In her spare time, Jennifer enjoys hiking with her two dachshunds.

My Creativity Gave Me a Legal Career – and It Just Might Save It | Emma Chapple

Fri, 22 May 2020 15:42:14 GMT

This time last year, I was getting ready to graduate from law school. I had started my final year at Dalhousie Law without an articling position lined up. In fact, I was actually in Los Angeles for an exchange semester at Southwestern Law School. Conventional wisdom told me that if I was looking for a position in Canada, maybe moving to sunny California for five months wasn’t the way to get one.

My law school career didn’t exactly follow conventional wisdom. After all, if conventional wisdom had its way, I wouldn’t have been preparing for a move to Toronto this time last year so I could begin my articling position in the city.

Amid the COVID-19 pandemic, much of the world is realizing that conventional wisdom, or the way things have always been done, isn’t working. In these past few months we’ve been turning to creativity – using the tools we already had in a new way. For a profession that has so often resisted change, this is a big deal.

Like many of my classmates, I went into law school under the impression that the OCI (On-Campus Interview) was the way to get a job. And why wouldn’t I? Schools put a – perhaps outsized – emphasis on OCIs. The path from law student to summer student to student-at-law seems pretty cut-and-dry.

Unfortunately, it’s a path that leaves little room for nuance. And when I was dealing with unforeseen health issues in my first year that affected my final grades, the path quickly narrowed.

In second year, I realized I would have to make my own path. I’d have to rely on creativity. When I learned that my school had an exchange program with Southwestern, I decided to take advantage of it and study entertainment law in the world’s entertainment capital. While I grew my practical skills that summer at a non-profit, I also researched small to mid-size firms in Toronto. I had an end-of-summer trip to the city planned – why not extend it by a few days and pitch myself to a few firms?

I made up a cold email and sent it to my list of firms – as a journalism graduate, I learned that a cold email can be your best first step. Sometimes I received a “no.” Sometimes I got no response at all. But a handful said “yes.” Days after my trip to Toronto, I was off to LA to start the semester; I kept in touch. The tools for communication were already there – time zones and borders don’t matter as much when you have internet.

By this time last year, my creativity had paid off. That April, I was offered a job at a small commercial law firm in Toronto. Thanks to one of my meetings that previous summer, I was set to be the firm’s first articling student. I had successfully bucked conventional wisdom.

As my articling term comes to a close and the world learns to adapt to a new normal, I think about how creativity can keep working for me in this unprecedented time. While times have rapidly changed from one year to the next, I’ll keep channeling that spirit as I look to my next move.

______________________

Author: Emma Chapple

Emma Chapple is a J.D. graduate of the Schulich School of Law at Dalhousie University. She is scheduled to be called to the Ontario Bar in May 2020. Emma articled at a small commercial law firm in Toronto, where she worked in litigation, contract drafting and business advisory.

Mindful Time-Management at Home | Elizabeth Mountford

Mon, 13 Apr 2020 14:53:28 GMT

There’s a lot happening in the world right now.

And if you’re like me, you’re feeling anxious and uncertain amidst all of the chaos of the crisis, and all of the quiet of the self-isolation—particularly if you're self-isolating solo.

It feels uncomfortable, and it’s so easy to want to numb these feelings with Netflix and a nice, healthy glass of Cab Sauv—and sometimes that’s okay! I get it, and I was right there with you a couple of days ago!

But here’s the thing:

We are being given the opportunity to stay home and take a deep breath. To pause. To reflect. And to reconnect with what is truly important to us, whatever that may look like to you.

Ask yourself this (and be honest): before all of the coronavirus chaos, how often would you think: “if only I had a bit more time, then I would be able to ________". Fill in the blank with whatever passion project, favourite activity, or loved one you used to wish you had more time for.

Now ask yourself: how would it feel if you chose to use this time of self-isolation to do the things that you never seem to have time for? Why wouldn’t you choose to use this time productively?

I’m not suggesting that you have to be living every minute to the fullest or that you should never watch Netflix (I recommend Workin' Moms if you're looking for a new show). I’m simply suggesting that you be aware of how you choose to spend your time.

How amazing and satisfying would it feel if you choose to use this time to reconnect with your core values and your passions, to do something for yourself, something that feels expansive and uplifting!

Maybe you want to learn a new language or reconnect with your artistic side. Maybe you want to start meditating or take some time to plan the next chapter of your life.

At a time when so much seems like it is out of our control, it is comforting to know that we always have the ability to choose where we direct our focus.

How would it feel if you choose to focus on opportunity amidst the uncertainty? If you choose to focus on reconnecting with yourself amidst the self-isolation?

So if you’re finding yourself with a little extra alone time, I challenge you to think about where you want to place your focus. Do you want to spend all of your time watching Tiger King and eating your quarantine snacks or do you want to use this opportunity to do something that will feel rewarding and fulfilling? There is no right or wrong answer, it’s simply a choice that you have to make for yourself!

***

PS: If you’re interested in using this time to focus on what you want for the next chapter of your life, here are my top 5 favourite journal prompts to get you started:

1.       Who is your ideal self? How does she act? How does she show up? What does she believe about herself and her world? What does she believe is possible for her?

2.       What are you most passionate about? What lights you up? What makes you feel most rewarded?

3.       What does your ideal day look like? What are you doing? Who are you with? How do you feel?

4.       How do your ideal self and your ideal day differ from your current reality (maybe think pre-quarantine)?

5.       What needs to change so that you can start being your ideal self and living your ideal life? Be honest with yourself. What 3 things can you do today to start embodying your ideal self and start acting as if you are already her?

_______________________

Author: Elizabeth Mountford

Elizabeth Mountford is a certified Mindset Coach & Accountability Expert. She specializes in helping young lawyers beat burnout and build unshakeable confidence so that they can grow their dream careers with intention and ease. Prior to coaching, Elizabeth obtained her B.C.L./LL.B. from McGill University and practiced family law at one of Toronto’s top family law firms. Now she uses her experience of landing and leaving what she thought was her dream job as a family lawyer, along with her passion for subconscious reprogramming, to help ambitious young lawyers get clear on their career goals and start taking real action to turn their day-dreams into their reality.

Five Books, Podcasts and Documentaries to Keep You Entertained | Anastasia-Maria Hountalas

Sun, 29 Mar 2020 17:15:52 GMT

Keep yourself entertained at home with this list of five great books, podcasts and documentaries. Each choice is a different genre, meant to pull you out of your comfort zone and engage you in new and interesting material!

BOOKS

My Lovely Wife in the Psych Ward, Mark Lukach (2017): This raw, heart-wrenching and refreshingly hopeful memoir follows author Mark Lukach and his family as they navigate his wife Guilia’s struggle with mental illness. Lukach provides an unflinching look at the mental health care system in the United States, the profound impact of mental illness on their family and friends, and the unwavering love between them. I particularly enjoyed how thoughtfully Lukach portrays his wife’s fight to maintain her dignity, independence and sense of self throughout. Bring Kleenex.

The Hate U Give, Angie Thomas (2017): Sixteen-year-old Starr is straddling two worlds: the low-income, predominantly African-American neighbourhood where she grew up and the upscale suburban prep school that she attends with her siblings. The story follows Starr’s changing understanding of the world after she witnesses the shooting of her childhood friend, Khalil, by a police officer. A masterful look at race, poverty and adolescence, this book lives up to its accolades. I was especially drawn to the story of Starr’s older brother, Seven, as he navigates his complicated family dynamics.

The Girl with All the Gifts, M. R. Carey (2014): Set in a post-apocalyptic schoolroom, Melanie and her classmates learn about nature, literature and science. Through Melanie’s eyes, we learn about her favourite teacher (Miss Justineau), her favourite subject (math), and the strange, militarized world that she lives in. As the story unfolds, the world outside the classroom walls comes into increasingly sharp focus. Simply put, this is one the best sci-fi books I have read in years.

Talking to Strangers, Malcolm Gladwell (2019): Using a series of real-life examples – including how Fidel Castro stayed two steps ahead of the CIA and the TV sitcom Friends – author Malcom Gladwell explores how and why humans misunderstand each other. Gladwell uses science and social science to meticulously unpack and explain complicated human interactions. His thesis? We have no idea how to talk to strangers.

The Silent Patient, Alex Michaelides (2019): This psychological thriller tells the story of Alicia Berenson, a gifted artist who murdered her beloved husband seemingly without warning, and Theo Faber, her psychotherapist. Theo is determined to unravel the mystery of Alicia’s crimes, but his patient refuses to speak. Author Alex Michaelides keeps you on your toes with a series of unpredictable twists and turns. While my tolerance for spooky is admittedly low, you’ll want to read this one with the lights on.

PODCASTS

Ear Hustle (2017-present): Recorded inside the San Quentin State Prison in California, this Radiotopia podcast explores the daily life of inmates. Hosts Nigel Poor (a Bay Area artist) and Earlonne Woods (an inmate incarcerated at – and later released from – San Quentin) explore the daily realities of prison life. Episodes cover serious and humorous topics alike, including solitary confinement, pets, life sentences, music, death row and more. This podcast is currently in its fifth season, so there are plenty of episodes to keep you hooked.

The Daily (2017-present): The Daily is (as you may guessed) a daily news podcast from The New York Times. Every weekday morning, host Michael Barbaro takes twenty minutes to break down one news story. He explains the history of the story, explores the impact, and hears from various individuals with different takes. The content is fairly American-focused, but occasionally veers into the wider world (including a top-notch spinoff series called Caliphate where reporter Rukmini Callimachi reports on the Islamic State and the fall of Mosul). The genius behind this podcast is that it allows you to develop an actual understanding of important news stories without leading to news fatigue. “This. Is The Daily.”

2 Dope Queens (2016-2019): Hosted by comics Jessica Williams and Pheobe Robinson, this WNYC Studios comedy podcast will have you in stitches. Each episode begins with the hosts’ hilarious musings on life and pop culture, ranging from debates about Harry Potter to bits about long-term relationships. The hosts then introduce a series of comics who perform quick and dirty stand-up routines to keep you laughing. I especially appreciate the show’s focus on providing a platform for female comics of colour. In 2018, the show moved to HBO and into the realm of paid-programming, but the original podcast series is still available on most podcast platforms.

The History Chicks (2011-present): The concept of this Wondery podcast is simple. Women’s history is under-told. Let’s change that. Hosts Beckett Graham and Susan Vollenwider record fascinating deep-dives on women in history. The subjects hail from various historical periods – you can learn about anyone from Julie Child to Joan of Arc. My personal favourite episodes are Zelda Fitzgerald, Harriet Tubman and Annie Oakley. This podcast is a history nerd’s delight, complete with an accompanying website with pictures, reading recommendations and links to outside sources.

The Office Ladies (2020-present): If you loved NBC’s The Office, this is the podcast for you. Jenna Fischer and Angela Kinsey, the actors who brought you the lovable secretary-turned saleswoman Pam Beesly and ice queen accountant Angela Martin, host this hilarious re-watch podcast from Earwolf. Fischer and Kinsey walk listeners through each episode of The Office, breaking down iconic scenes and providing behind-the-scenes trivia. Special guests include Creed Bratton, Rainn Wilson and many of the other talented people who made The Office a hit.

DOCUMENTARIES

Twinsters (2015): This film follows American actress and filmmaker Samantha Futerman and Parisian fashion designer Anais Bordier as they get to know one another after discovering that they are identical twins. The women, who were separately adopted at birth, reunite after Anais sees Samantha in a YouTube video and decides to reach out. Together they travel to each other's countries and then to the place of their birth. Written and directed by Samantha, Twinsters is a truly touching story of sisterly love.

She’s Beautiful When She’s Angry (2014): This documentary explores the second wave feminist movement and the women who made it happen. Not only does this film show the birth of the women's liberation movement and the issues that they fought for (equal pay, child care, education, contraception, abortion), it captures the determination and humour with which they did it. This documentary is a great way to learn about the women whose tenacity shaped the world that we live in today. The message is clear. You can change the world.

Kanehsatake: 270 Years of Resistance (1993): This poignant film documents the 1990 Oka Crisis, a violent standoff between the Kanien’kéhaka (Mohawk) nation and the Canadian army that catapulted the issue of Canadian indigenous land rights onto the world stage. The situation escalated after the mayor of Oka announced plans to expand a golf course and build condominiums on land with a long-standing Kanien’kéhaka claim. Director Alanis Obomsawin and her crew spent 78 days behind the Kanien’kéhaka lines filming the standoff and its devastating effects. This documentary is available for free on the Canadian National Film Board website.

Tiger King (2020): This seven-episode Netflix documentary explores the crazier-than-reality world of private “big cat” zoos in America and the eccentric people that own them. The documentary follows Joe Exotic, the owner of a tiger park and breeding facility in Oklahoma, and his decades-long feud with breeder-turned-activist Carole Baskin. Tiger King has it all – big cats, cult leaders, drug lords, magic shows, mysterious disappearances and at least one murder plot. This documentary is Blackfish meets The Sopranos meets Us Weekly. You will not be disappointed.

The Hunting Ground (2015): This haunting documentary shines a light on sexual assault on American college campuses. It explores the complex network of college administrations, athletic departments, faculty, law enforcement and fraternities that prevented campus sexual assault from being properly reported and addressed. The film follows survivor-activists Annie Clark and Andrea Pino as they lead the wave of student-led activism that finally brought campus sexual assault to the top of the national agenda. Both the film and its soundtrack are critically-acclaimed. The Hunting Ground is hard to watch and something that everyone should to see.

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Author: Anastasia-Maria Hountalas

Anastasia-Maria Hountalas is an associate at Steinecke Maciura LeBlanc, where she advises and represents clients in all aspects of professional regulation. Prior to joining the firm, Anastasia-Maria summered and articled in the litigation department of a leading national law firm, with a focus on health law. Anastasia-Maria completed a Bachelor of Arts (Honours) in History at McGill University and obtained her law degree from Queen’s University. During law school, Anastasia-Maria was actively involved in the Queen’s Law community, participating in the Prison Law Clinic and several study abroad programs. Anastasia-Maria Hountalas serves on the YWL Board of Directors as the Director of Marketing & Communications.

Stay Safe, Stay Sane – Tips for Working from Home | Ellen Dalicandro, Stikeman Elliott LLP

Sat, 21 Mar 2020 15:33:15 GMT

With social distancing in full effect, a lot of us will be working from home for the foreseeable future. Whether you’re living alone or with others, in a large house or a tiny condo, it can be challenging to stay focused and motivated throughout the day. Here is some advice to help you get situated and build a foundation to thrive in your new working environment.

Create a Designated Workspace

If you don’t already have one, now is a good time to create a designated workspace in your home. Avoid working where you sleep or eat if possible. Natural light can be very helpful, as long as there is no glare on your computer screen. Be mindful of storing confidential files or other physical materials in a safe place. Most importantly, remember to distance yourself from that space when you’re taking breaks and, most importantly, once you’re done working for the day.

Maintain a Routine and Make a To-Do List

It’s easy to roll out of bed and work from home in your pajamas. However, try to stick with elements of your normal workday routine, including maintaining a regular bedtime, setting an alarm to wake up, getting dressed for work, having lunch, and taking breaks during the day. I’ve opted for a comfy alternative to pajamas (hello, Roots sweatpants!), but others suggest changing into office attire. Maintaining a routine is a small step that can make a big difference in your productivity for the day.

Writing a daily to-do list is helping me stay organized and focused while working from home. I’m already losing track of what day it is and I’m sleeping, eating, exercising, and working under one roof, so everything is blending together. To-do lists keep me on track to attaining my goals during the work day and checking items off the list is very satisfying.

Stay in Touch

Many of us are used to daily social interaction at the office with colleagues and/or clients, so working from home can feel very lonely and isolating (even with kids or significant others at home with you). Consider alternatives to e-mail to keep in touch. Pick up the phone for a quick call or arrange a video conference meeting. It can also be helpful to allocate time to check-in with the people that you work with, not only to discuss work, but their well-being.

Leverage the “Extra” Time in Your Day

How are you going to spend the time in your day that would otherwise be dedicated to commuting to and from the office? The possibilities are endless. You could read for pleasure, start a new show on Netflix, try a new recipe, write a blog post, do a puzzle, reconnect with someone in your network or make a new connection, listen to an uplifting podcast, learn a new skill or language, or maybe just enjoy a little extra sleep.

Practice Self-Care

We have been inundated with news updates over the past couple of weeks and it can be stressful and overwhelming at times. Remain focused on your physical, emotional and mental well being. There’s no better time to turn inward and focus on what your body needs right now. Self-care can take many forms, and these are some of my favourites: avoiding excessive media coverage, facetiming with family members and friends, meditating, doing yoga, going for a run, and getting fresh air. I’ve also turned to Instagram Live for a lot of interactive content in recent days, including workout classes, impromptu concerts from my favourite artists, and even a daily 5PM dance party with 3,000 of my closest friends (all from the comfort of my home, of course).

***

Working from home can be challenging, frustrating, and isolating; however, it can also be flexible, productive, and cozy. Ultimately, the ability to work from home means that we are fortunate enough to have jobs that allow us to do so. Let’s be patient with the situation and support each other as we navigate this time of uncertainty. We will get through this together!

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Authors: Ellen Dalicandro, Stikeman Elliott LLP

Ellen Dalicandro obtained her J.D. and Honours Bachelor of Commerce from the University of Ottawa in 2016 and 2013, respectively. Ellen is the Assistant Director of Talent Management at Stikeman Elliott LLP. Prior to her current role, Ellen was an associate in the corporate group at Stikeman Elliott where she practiced securities, corporate finance, mergers and acquisitions and general corporate law. Ellen is a member of the Sponsorship Committee of Young Women in Law and Vice President of Mentorship of the Toronto Telfer Alumni Network.

Planning Your Future Part II: Digital Assets | Sheila Morris, Minden Gross LLP

Thu, 19 Dec 2019 17:37:55 GMT

As young professionals, we are increasingly aware of the highs and lows of “adulting” – life insurance, property taxes, and the endlessly gripping fixed vs variable rate debate. We also know that we should have a will to protect our house and financial assets, and our young families. But what other assets should we plan to protect? As more facets of our lives are being lived online, it is more important than ever to ensure that our digital assets are included in our estate planning, not just to maximize their value, but also to ensure that our data ends up in the right hands.

Digital Assets by the Numbers

Digital assets include emails, social media accounts, blogs, digital photos, electronic folders, funds held in accounts such as iTunes and PayPal, online subscriptions, Air Miles or other rewards points, and cryptocurrencies such as Bitcoin or other altcoins.

A report from the Social Media Lab(1) found that 94% of adult Canadian Internet users have at least one social media account.
A recent study by Bond Brand Loyalty shows that the average Canadian participates in 12.2 loyalty programs(2).
The same Bond Brand Loyalty study shows that Canadians are sitting on $16 billion of unused reward points.
And, 55% of collectors don’t know how many points they have, 41% are unaware of the value of their points, and 25% have never redeemed any of their points for rewards.

If you want to make sure that your social media accounts, including dating apps, are deleted on your death, include instructions in your estate planning. You may have uploaded photos to apps like Instagram or Facebook that your loved ones will want. Similarly, provide for the posthumous management of your digital files and folders, such as content stored on iCloud. This is particularly important if you store any sensitive material in digital files, or if you store any intellectual property, such as a draft of a novel, or an unreleased recording of a new song.

Loyalty and rewards points can be more complicated, and the requirements for transferring “points” are usually found in the terms and conditions unique to each company. For example, one company may permit your loved ones to transfer your loyalty points free of charge simply on request, while another may require a death certificate, a letter from the estate trustee, and a specific bequest in a valid legal will.

Cryptocurrency is taxed in Canada like any other investment. Any gains on cryptocurrency should be reported as capital gains, which are added to your income and taxed at your marginal tax rate. If you are leaving cryptocurrency to loved ones in your will, you should consider the tax implications of such a gift, and plan accordingly.

If you are a social media influencer or content creator, your digital assets can be particularly valuable. According to a recent study by Izea(3):

Influencer and content marketing is now among the top 4 most effective marketing approaches measured in Canada, far more effective than traditional print and radio marketing.
1 in 4 marketers recently surveyed said that they dedicate more than $1 million per year for influencer marketing.
3 out of 4 marketers surveyed have stand-alone budgets for content and/or influencer marketing.

For example, Lilly Singh is a Toronto Youtube sensation with 14.9 million subscribers. Her social media presence is so strong that she has recently landed her own late night television show on NBC, called A Little Late. Engagement at that level translates to valuable sponsorships and partnerships, and it is a prime example of a digital asset that should be protected with comprehensive estate planning.

Start-up companies, no matter how big or small, should plan for the future by including their online presence in an estate plan. darsbars is a Toronto company that makes handmade, organic, natural skincare products. The business currently has 709 followers on Instagram (and steadily growing), and a website, darsbars.com. As darsbars continues to grow, its social media accounts and website domain will also become more valuable.

If you do not have a will, or have not updated your will in some time, you should consult a reputable estates lawyer to discuss what qualifies as a digital asset, why it is worth including in an estate plan at all, and what, if any, tax implications may arise.

(1) The State of Social Media in Canada 2017, Gruzd, A.; Jacobson, J.; Mai, P.; Dubois, E.; Social Media Lab, 2018

(2) Love & Loyalty: The Loyalty Report 2017, Bond Brand Loyalty

(3) 2018 Canadian State of the Creator Economy, IZEA, 2018

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Authors: Sheila Morris, Minden Gross LLP

Sheila Morris is a wills and estates litigator at Minden Gross LLP. Prior to joining Minden Gross, Sheila gained a breadth of civil experience, from insurance litigation to commercial litigation, at two boutique firms in Toronto. Sheila is a member of the OBA’s Elder Law Executive, and regularly writes and speaks on estates and elder law issues. Sheila is a proud young woman in the law, with a mandate to refer to women, mentor women, and advocate for women’s issues.

Planning Your Future Part I: Banked Genetic Materials | Sheila Morris, Minden Gross LLP

Fri, 06 Dec 2019 13:41:50 GMT

Whether it is storing cord blood after giving birth or freezing embryos in anticipation of pregnancy, more and more young women are banking their genetic material. There are all kinds of reasons for a comprehensive estate plan that go beyond effective tax planning and providing for loved ones after death: ensuring the safety of your banked genetic material is one of them.

Cord Blood

In Canada, women who give birth have the option of storing their cord blood stem cells, which can later be used to treat certain genetic diseases and blood disorders. In fact, the practice has become so common that July is “Cord Blood Awareness Month.” There are three types of cord blood banks in Canada: public banks, which store blood for transplants into patients who are not the donor; private for-profit banks, which store blood for the donor’s child(ren) or family; and biobanks, which store stem cells for research and potential drug manufacturing. The blood in private registries belongs to the donor, though certain registries will allow the donor to list an additional owner. However, there is no uniform policy that applies to all banks. You should ensure that your estate plan makes provisions for your cord blood, including arrangements for storage payments after your death and granting access to a second owner or an estate trustee so he or she can access the material should the need arise.

Embryos, Ova, and Sperm

As we wait longer to have children, and since IVF has become more accessible, it has become increasingly popular to store embryos, ova, and sperm. While a recent family law case treated an embryo (fertilized egg) as “property” to be dealt with in accordance with the principles of contract law,[1] sperm and eggs receive different treatment under the Assisted Human Reproduction Act, which requires the donor’s express written approval before the material can be used in creating an embryo.

For this reason, it is critical to consider how a will, or the absence of a will, will impact where your genetic material ultimately ends up. This is particularly important for common law couples. For example, if common law partners store embryos for later use, but one partner dies unexpectedly without a will, it is possible that the surviving common law partner could be left without any rights to the embryo at all.

Planning

Even with a valid will and without a dispute, a surviving spouse or partner may not have the information, or the legal right, to access banked genetic material in the event of the owner’s death. The law on genetic material is nuanced, and it can be complicated. Taking appropriate steps now can prevent confusion, heartache, and litigation down the road.

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Authors: Sheila Morris, Minden Gross LLP

Balancing Interconnections between Finances and Career for New Associates | Dal Bhathal and Elke Rubach

Thu, 21 Nov 2019 12:51:00 GMT

Career wise, you have come a long way on a journey marked with milestones of achievement. Having survived law school and long hours articling, you’ve passed the bar. Before there is time to take a breath and compute the debt from your student loan, you have landed a full-time job as an associate. As a highly qualified young associate, your life is set … or is it?

It’s surprising that even the most diligent lawyers sometimes pay insufficient attention to the interconnection between two fundamental areas that require planning: career and finances. In this article, we highlight the importance of taking a proactive approach to balancing the interconnections between your career and finances to build the future you desire.

Designing your career path

A lawyer’s career is a long-term endeavour involving years of education, training and developing technical expertise. A career plan is crucial to ensure you make the most of your long-term investment.

As recruiters who specialize in the legal sector, The Counsel Network has noticed a cyclical progression experienced by lawyers as their knowledge, expertise and comfort zone within the profession develop. We have identified four phases of the cycle, each with a unique impact on the lawyer’s life, family and future. There is no set timeline for one to travel through the four phases – in fact, a lawyer might experience the cycle or portions of it several times throughout their career.

Educational
Like anything that’s new, you face a steep learning curve. The work is challenging and there is excitement in your new role. You may feel overwhelmed, but you are taking it all in.
Engagement
You’ve got some time on the docket, so to speak. You’ve learned the ropes, feel confident and are motivated. You are achieving targets and making a valuable contribution.
Cruising
You’ve established your place, so your foot eases off the gas. You’ve hit a plateau. You begin to experience boredom and declining motivation. Your mind wanders to thinking the grass might be greener on the other side.
Disengagement
You’re feeling frustrated and unhappy. You start seeing a lot of negatives in things that did not bother you before and may be heading for burnout.

An effective career plan must take these developmental phases into consideration. It is not just about developing a rigid, step-by-step blueprint for your path to partnership. Rather, it’s about proactively seeking out learning opportunities that combine your talents, values and aspirations as you navigate the four developmental phases. Critically, this means recognizing the tell-tale signs and laying the groundwork for new learning opportunities before you hit the cruising phase – or worse, slip into disengagement. A misstep here could trip up the long-term health of your career and your life outside of work.

Building your financial future

While career planning can help you achieve your professional aspirations, financial planning can help you protect and provide for you and your loved ones – both now and in the future. A good financial plan is much more than simply a tool for maximizing wealth. Instead, it involves taking a holistic view of your life and goals and customizing strategies aligned with the future you envision for your family.

For some associates, choosing the legal profession is at least in part motivated by a desire for financial independence. And it is true that lawyers can build a profitable career – especially when they manage their finances well and start early.

For newly appointed associates, there are specific needs to consider within a financial plan. For example, while you probably have disability insurance through your firm’s group coverage, it is likely insufficient to meet your needs should you ever be unable to work. With an individual top-up, you can easily obtain supplementary coverage to close the income replacement gap that likely exists under your group plan.

As an associate early in your career, you may be feeling invincible. Unfortunately, the unexpected can happen to anyone. The reality is that young associates face countless hours and the mounting pressure of delivering in their new role, making burnout a possibility along with the risk of other disabilities and illnesses. You would no doubt face significant financial challenges if you were suddenly forced to drop out of your associate program due to a long-term disability. However, you can mitigate this risk with a disability insurance top-up of approximately $100–200 per month, keeping mind that the premiums will be higher the older you are when you start.

Of course, financial planning is not a one-time effort, and it is never too soon to start on the right financial foot. You may be an associate today, but your financial needs, priorities and opportunities will evolve over time as you progress on your path to partnership. Adjustments will be necessary along the way to ensure the best outcomes. Everyone’s situation is unique, but the following are examples of the key considerations to address in your financial plan as a newly minted associate and as you ascend to become a senior associate:

While you earn a guaranteed base salary as an associate, do you understand your cash flow and are you living within those means to ensure a healthy financial future?
Are you making regular contributions to registered investment accounts like a tax-free savings account (TFSA) or registered retirement savings plan (RRSP) to use time and tax advantages to help your money grow?
If your firm offers a match of your RRSP contributions, have you signed up to take full advantage of the maximum available?
Do you have a strategy for paying off any student loans or credit card debt, if applicable?
Are you making smart decisions now to put you on track for buying your first home, or perhaps upsizing from a condo to a house?
If you have a child, are you investing in their education with a registered education savings plan (RESP), within which your contributions can grow tax free?
If you are in your first year of practice, are you taking advantage of the discounts in insurance premiums offered to new associates?
Ultimately, financial planning is about optimizing your financial resources to build the life that you desire while ensuring the flexibility needed to accommodate any personal, family and career changes that emerge along the way.

Optimizing your outcomes

While planning your career path and your financial future are distinct, they are intertwined and complementary processes. As an associate, it is advisable to develop plans for both to proactively create the life you want for yourself and a family, if that too is in your future.

An experienced mentor or trusted advisor can help. Career planning and financial planning are both highly personal, so there is great value in working with trusted individuals who can act as a sounding board and guide you toward choices fully aligned with your needs. And while it’s beneficial to start developing both plans as early as possible, it’s never too late to begin tackling these important issues.

In your legal work and more broadly in life, there will always be a degree of uncertainty. But with sound planning and the same hard work that has gotten you this far, you can stay on track toward a bright professional and personal future.

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Authors: Dal Bhathal and Elke Rubach

Dal Bhathal is Managing Partner at The Counsel Network a Canadian legal recruitment firm specializing in legal talent management strategies covering all levels of lawyers and practices for both corporate legal departments and law firms. Dal can be reached at dal@thecounselnetwork.com or 416.364.6654.

Elke Rubach is a former lawyer and President of Rubach Wealth , a Toronto-based firm that supports lawyers with tax-efficient wealth, retirement and estate planning so they can focus on developing their careers. Contact Elke at 647.349.7070 or by email at elke@rubachwealth.com.

7 Reasons Why Starting my Own Firm was the Best Decision I Ever Made │ Kim Gale

Thu, 15 Aug 2019 19:52:06 GMT

You haven’t billed your 7.5 hours today and you still have to go home to get ready for your friend's birthday (and you’re already late). But it can’t be a late night because you have so much work to do. You may work all weekend and miss your husband’s soccer game.

Above = me last year. Then I started blogging and advocating for international students and then I had an epiphany….should I just start my own firm?

Just the thought scared me half to death.

The unknown was terrifying – would I fail miserably? Would I make money? Would I get clients?

Here are my 7 top reasons why starting my own firm was the best decision I ever made.

1. Flexibility

Having my own schedule is the number one reason I love being the boss. My husband works shift work and now I have the ability to clear my schedule to take a day off (during the week) to hang out with him.

I’ll admit - it is not common that I can do this. As I’ll get to later, being on your own means you work many (many) hours. But I try to take time off when I can and it is always an option. I’ve been sick and headed straight home from the office to lie down. No need to ask for permission.

2. Hard Work Doesn’t Scare You

Work. It’s a four letter word but when everything falls on your shoulders, it can be crippling. Suddenly you are the: Office Manager, Admin Assistant, IT Support, Bookkeeper, Accounts Payable/Receivable, Marketing Manager….oh and Lawyer.

There is a paradox between saving costs and saving yourself from having a stress-related heart attack. Working 24/7 is exhausting and in my second month I was already overwhelmed. At the beginning, if you start with 0 clients (like me), the last thing you want to do is add to your overhead.

There are really cool programs offered by the legal community to help. One is the Osgoode Internship Program, which offers a free law student for two months in the summer. Another is a career coach offered by the Law Society. Also, my group, NCA Network, is always open to volunteer opportunities available for students.

The most important person you want to “add to your payroll” is a bookkeeper – as you must reconcile your books by the 25^th of the prior month and the Law Society audits all new lawyers within the first year.

Probably the first thing I realized was that I needed help. I have the most fantastic bookkeeper, receptionist, and law student. They are lifesavers.

3. Willing to Learn

I’m not just talking about the law. There is so much to learn about running your own practice. How to do your accounting, how to manage your time, how to keep track of potential clients.

Then of course, there’s the law, which includes making sure you are taking the right steps in a file.

All of it is hard, rewarding, and fun! You won’t know everything, and you aren’t expected to. I recommend picking a specialty and staying in it. I practice estate litigation and I truly enjoy it. Estate litigation is when someone passes away or loses capacity and issues arise. For example, I have worked on will challenges, claims of a common law spouse when their partner passes or executor/estate trustee removals. Plus, I want to delve deeper in this practice area to become an expert. Is there one area that speaks to you?

4. Entrepreneurial

Hands down you have to hustle. There is nothing handed to you on a silver platter. This brings me into my next point…

5. Love for Networking

Coffee meetings, lunch, events…even if you hate coffee (I only drink decaf coffee and herbal tea) – socializing is important. People want to know YOU. Business relationships are built on trust. Can I trust you? Do I like you? If you don’t put yourself out there, it is hard to develop strong relationships.

Get out there and meet with lawyers in your practice area. Maybe they’ll have a conflict or a file that is too small for them. Meet lawyers in other practice areas. Maybe you can cross-refer work to each other.

6. Ride the Highs and Lows

Oh there are days when you want to throw in the towel and move to Tahiti. Other days, like when I won a case in court a few weeks back, I was on Cloud 9.

The roller coaster of emotions and the unstable income can get really old really quick. What keeps you up at night? Some of us sleep better with a steady income and work routine. Some of us sleep better building something to call our own.

7. Being you

My favourite part of having my own firm is running a file how I want to run it. I instill my own personality and honesty into my practice. I can be my true authentic self and I keep learning more about who I am.

I like explaining the law to my clients in a way they can understand. I only do things on a file to save them costs. I tell my clients the truth - even if it’s not what they want to hear. What is your style? How would you run your file if you had true autonomy?

I think the hard knocks truth is to look deep within yourself. We are all built differently and we all want different things. Not a fan of the billable hours? Maybe you would want to work in-house. Think you’re ready to take the plunge? It’s never too late to start your own firm!

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Author: Kim Gale

Kim Gale is an estate litigation lawyer and principal of Gale Law, an estate litigation firm in Toronto. She can be reached at 416-868-3263 or kgale@galelaw.ca. She is the author and creator of the blog Law for Millennials — The Complete Beginners Guide to Law and is co-founder of diversity and inclusion group NCA Network.

Managing Partner Series │ Jennifer Mathers McHenry, Mathers McHenry & Co

Thu, 08 Aug 2019 21:11:36 GMT

Jennifer Mathers McHenry is the Managing Partner of Mathers McHenry & Co.

Jennifer obtained her LL.B. from the University of Windsor in 2003 and her LL.M. from the University of Toronto in 2004. She has since practiced in the areas of employment and commercial litigation at two premier litigation firms in Toronto. She founded Mathers McHenry & Co., a boutique firm focused on executive employment and workplace law, in 2019.

Jennifer regularly advises both executive and other senior employees and employers about employment law and with respect to all aspects of the employee/employer relationship, including: offers of employment, human rights obligations, changes of control, mergers and acquisitions, executive compensation, resignations, termination of employment, constructive dismissals, and post-employment fiduciary and contractual obligations. Jennifer also frequently helps senior executives navigate investigations and interpersonal and other complexities that regularly present themselves in the context of the employment relationship, all with an eye on their legal rights and options. Her litigation practice encompasses a wide range of complex employment and workplace-related commercial and appellate litigation, including actions involving wrongful and constructive dismissal, breaches of human rights legislation, breach of contract, professional negligence, breach of confidence, unfair competition, negligent misrepresentation, partnership disputes, and shareholder disputes.

Jennifer was a founding member of the Advocate’s Society’s Employment and Labour Law Practice Group, and is a regular speaker in schools, for continuing education programs, and in the media on matters pertaining to employment and executive employment law. This winter term Jennifer will be teaching as an Adjunct Professor at the University of Toronto Faculty of Law in its “Law of Leadership” LLM program.

1. How did you get involved in your current area of practice?

I didn’t quite fall into employment/workplace law, but I didn’t set out to do it either. I started out as a commercial litigator and I loved it, but didn’t love the fact it is very hard to build a self-sustaining practice in that area of law. So when I started looking for a new role I wanted something that would be just as engaging but would let me be a bit more entrepreneurial and take the lead both on practice building and on files a lot earlier in my career. Employment law with an executive focus ticked all those boxes.

2. What qualities and/or skills are important for leaders?

First, real leaders are not abusive. As a profession I think we let powerful rainmakers get away with a lot and that needs to stop. Once we get past that very low threshold, I think a good leader provides not only support but sponsorship designed to make those she works with not just profit centers but future leaders themselves; she will let those around her shine and help them do it; and she will give credit to those under her who earn their success (we all had help getting started, whether it was a referral of clients or hours of factum editing, and it is important to remember that).

3. What qualities and/or skills do you look for in a junior?

Smart is the entry level criteria so that almost goes without saying, but it is too important not to say. I also look for people who I want to spend time around. That doesn’t mean they need to be someone I’d be friends with outside the office (though obviously that’s nice), but does mean they have to be someone I like, trust, and know has values about the profession and practice that are not in conflict with mine. I want to work with people who are successful because they care deeply about the work they do and the clients we serve such that they will insist on excellence from themselves, who practice with integrity, and who are frank and direct, both with me and in their communication with clients and other counsel. I also want someone who more often than not makes my life easier instead of harder.

4. What advice would you give a young woman starting her practice?

1) Learn as much as you can and remember that no one knows what they are doing when they first start out. 2) Don’t be afraid to ask questions but only ask questions you can’t answer yourself. 3) Network and more importantly remember the world is small but our profession is a whole lot smaller. The person on the other side of a file may be someone you encounter repeatedly, or he or she may be someone from whom you someday get a reference or a referral. Advocate for your clients and beat the other side, yes, but don’t do it by being sharp or even needlessly difficult. I truly don’t believe that serves the clients well and it definitely doesn’t serve you well in the long term. 4) As a junior your role is to treat the partners or your bosses as your clients – the easier you make their lives the more indispensable you become as a colleague (as it happens, this also applies to judges – make their life easier by colour coding, being organized, thinking ahead about what they need to have in front of them, etc).

5. What advice would you give a mid-level junior looking to advance her career?

1) Be strategic and pro-active about where your career is going and what skills and other assets you need to get where you want to go and to have options available to you. Don’t be passive about getting what and where you need to be and carve out the time to figure out what those things are! 2) Find sponsors and mentors. This profession can be tough but it is filled with fantastic people who are willing to help each other out. Access that. 3) Remember that there are always options. You are never truly stuck.

6. What can we do to address the continued attrition of women in law?

First, we can ensure people recognize that their options are not binary. I think many people look at it as stay in a firm I’m unhappy in or leave law (private practice, especially), stay in a model I’m unhappy in or leave law, stay in abusive environment or leave law, stay in the status quo or leave the area of practice, stay and work 90+ hour weeks or accept less interesting work, stay on Bay or leave the area you work in. I no longer think that is our reality. Lots of firms are out there doing things differently. Lawyers often negotiate for a living yet when it comes to negotiating a structure for themselves feel hemmed in by the “way it’s done”. Lawyers, toss that thinking (and firms, let them!).

Second, and I don’t mean to imply this is pervasive or the key reason we’re losing women, but we as a profession can stop tolerating terrible behaviour and that will help – personally I will not seek to work with or refer work to anyone I know to be abusive to those he or she works with. That should not be revolutionary, but if it were the norm I think law firms would become better places to work because the rainmakers who are abusive (and we all know they exist) only have power while they make rain.

7. If you could give yourself one piece of advice when you were starting out in law, what would it be?

This may sound arrogant but honestly I’m happy with my trajectory so I would not suggest I do anything differently. I think I would tell my younger self to relax a bit when things were not going as planned – I really do believe there are many paths to a successful and satisfying career. In another life I’d have been a very happy M&A lawyer or gone into business. Leaning into the idea there is no one way to be happy in law is freeing.

8. Is there anything else (advice, an interesting experience, tips, etc.) that you would like to share with our members?

Succeed with positivity. Lift people up. Do it every opportunity you have. Help students behind you. Send referrals to colleagues you know are good. Tell the reporter who calls you that you can’t answer their question but give them someone who can. Decline work you are not able to do well and give it to someone who can. Give your colleagues credit for their wins and their contributions to yours. Appreciate the people who work with and for you and make sure they know it. As Lizzo says “If I’m shinin’, everybody gonna shine.” I love that and consider it my unofficial firm motto.

This post is part of YWL's Managing Partner Series. This series features Q&A-style blog posts where women managing partners from small, mid-sized and large law firms answer questions about their path to success and share their advice for young women in law.

Managing Partner Series │ Deepa Tailor, Tailor Law

Fri, 02 Aug 2019 13:31:38 GMT

Deepa is the founder and Managing Director of Tailor Law Professional Corporation. She holds an undergraduate degree from the University of Toronto and a law degree from the University of Ottawa, Faculty of Law.

Deepa is passionate about helping people with their legal problems. She founded Tailor Law with a view to providing accessible and high-quality legal services to her community. The team at Tailor Law embraces a strong service philosophy and a commitment to clients.

In her spare time, Deepa served on the board of directors for Many Feathers, a non-profit which focuses on creating local community spaces focused on food security in urban and rural settings across Canada. She also spends her time mentoring the next generation of law students through the Women’s Legal Mentorship Program and as a guest speaker at the University of Ottawa’s Business of Law class.

1. How did you get involved in your current area of practice?

My current area of practice is reflective of my prior work experience before I opened my practice. I articled at a full service law firm and had exposure to multiple areas of law. I knew that if I were to start my own business I would want to do the same.

2. What qualities and/or skills are important for leaders?

Strong communication skills are important for leaders of organizations. Not only would you need to be able to clearly communicate instructions for work assignments to others you also need to communicate your vision and passion for your organization. As a leader, your words have the power to motivate people towards a common goal. Leaders need to be able to communicate their messages clearly to their teams.

3. What qualities and/or skills do you look for in a junior?

I’m a firm believer in hiring for attitude and training for aptitude. I hire individuals who have a positive attitude and demonstrate an eagerness and desire to learn. In addition, hiring managers value individuals who are resourceful. You shouldn’t be asking a question that you can easily look up the answer to or find a precedent for. Resourcefulness is key.

4. What advice would you give a young woman starting her practice?

Talk to others who have already been in practice for some time about the challenges they have faced and seek their advice. Work with bookkeepers who have significant experience doing bookkeeping for law firms so that your records are LSO Compliant. Consider what your elevator pitch is going to be and what you would say to a client who asks why they should hire you. Build relationships with more senior practitioners so that you can reach out to someone if you encounter issues with one of your files and have a question.

5. What advice would you give a mid-level junior looking to advance her career?

Consider what type of firm environment you want to be in long term. Do you see yourself as a future partner in the firm you are currently working at? If you are working in-house, what position do you see yourself in 5 years from now?

6. What can we do to address the continued attrition of women in law?

The legal profession needs a cultural shift. Decision makers in law firms need to recognize that there is value in providing flexible work arrangements to their staff. We have the technology to facilitate remote work arrangements where lawyers can complete their work from wherever they choose. In my view, the cultural shift will begin when our profession has more women in positions of power within their respective firms and organizations.

7. If you could give yourself one piece of advice when you were starting out in law, what would it be?

You should be certain that you understand what lawyers do for a living prior to going to law school. Law school is an expensive endeavour. You should be sure that the legal industry is a field in which you want to enter. You should also be aware of what the legal job market comprises of. Most lawyers in Ontario work as sole practitioners and lawyers in small law firms. If you are unsure, ask to shadow a lawyer in a local law firm so that you understand what the job entails.

8. Is there anything else (advice, an interesting experience, tips, etc.) that you would like to share with our members?

Don’t be afraid to ask for help when you need it.

Managing Partner Series │ Victoria Winter, Beard Winter LLP

Thu, 25 Jul 2019 21:10:21 GMT

Victoria Winter is the Managing Partner at Beard Winter LLP. Victoria is a partner in the firm’s Trusts and Estate Planning Group and a Trust and Estate Practitioner (TEP) as designated by the Society of Trust and Estate Practitioners (STEP).

Victoria practises in the areas of estate planning and succession including the preparation of Wills, Powers of Attorney and Trusts (domestic, international, Henson), corporate reorganizations, business succession planning, advising clients on methods in which to minimize income tax and estate administration tax (i.e. probate fees) on death, estate administration, and establishing private charitable foundations.

Victoria’s clients include financial institutions, corporate trustees, financial planning firms, accounting firms, owner managers, family businesses, charitable organizations, family foundations, and Canadian and international private clients. She is a trusted advisor who provides practical advice in a timely and cost effective manner.

Victoria joined the firm on March 1, 2005, after practising in the Trusts and Estates Group of a Toronto based national law firm since her call to the Bar in 1995. She is a member of the Law Society of Upper Canada, the Canadian Bar Association, the Canadian Tax Foundation, and the Society of Trusts and Estates Practitioners.

Victoria, a double Pan American medallist in the equestrian sport of dressage, is past Chair of the Canadian Olympic Committee’s Athletes’ Council and was a member of the Toronto 2015 Pan Am and Parapan Am Organizing Committee Board of Directors. She is the current Chair of the Dressage Committee of Equestrian Canada and is also a board member of Beautiful World Canada Foundation, a charitable organization promoting access to secondary education in developing countries.

1. How did you get involved in your current area of practice?

I knew I was interested in trusts and estate planning right out of law school but I took a winding road to end up fully in the practice area. As an articling student with a large firm I had an opportunity to do a rotation with the estates group. I was fortunate to be hired back in that area but shortly after starting it became clear that there was not enough work at that time to fully utilize a junior. I then moved into the corporate group of the same firm. This was during the era of securitizations and I became involved in that practice and eventually left the firm to go in house in the same practice area at a corporate trust group with a Canadian bank. After two years in that role my previous firm contacted me to say that they were looking for someone to take on a part time role in the estates group. I accepted the position and for five years I worked three days a week at the firm and the other four days a week I coached and trained riders and horses in the equestrian sport of dressage. I was a member of the Canadian Equestrian Team at the time, competing internationally for Canada, and had always wondered if I could find a way to make a career out of my passion for the sport. It was an interesting experience but I quickly learned that I preferred the practice of law. In 2005 I was contacted by Beard Winter LLP to see if I would be interested in joining the firm. My father was a partner of the firm and, although we practised in similar areas, we had always had the understanding that we would not work together. I am grateful that we did not hold firm to that position as Beard Winter has given me a great platform in which to grow my trusts and estates practice.

2. What qualities and/or skills are important for leaders?

I think the most important skills in a leader are empathy and the ability to listen. A leader also needs to be confident while also having humility.

3. What qualities and/or skills do you look for in a junior?

Reliability, common sense and time management skills are all incredibly important. A young lawyer will be successful both with lawyers and clients if they are responsive, commit to achievable timelines and keep parties informed if anticipated timelines change. It is really all about communication. And, of course, they should be personable and professional – someone who can comfortably interact with your clients.

4. What advice would you give a young woman starting her practice?

Try to get involved as soon as possible in practice network groups both within your firm and within the Bar as a whole. These groups can provide a lot of support, information and great networking to help develop your career.

5. What advice would you give a mid-level junior looking to advance her career?

Try to find mentors both in your firm or outside who can give advice and suggestions based on their experiences. Don’t be afraid to speak up. You know more than you think you do. Don’t be afraid to be vocal about your successes. In general women tend to be less willing to share their victories but if you don’t no one will.

6. What can we do to address the continued attrition of women in law?

Sadly, this continues to be a real issue. We need to build collegial environments where all lawyers feel supported and connected. At our firm we have created a Women’s Network for our female lawyers with regular events across practice areas ranging from social evenings to instructor led sessions on topics such as building healthy habits and skill building. We also need to develop work arrangements where it is acceptable to work remotely to permit lawyers to build their practice around their lives. Law involves long hours and high stress but the trade-off should be flexibility in how you manage your practice so that it fits within your life.

7. If you could give yourself one piece of advice when you were starting out in law, what would it be?

You will make mistakes, but you will survive.

8. Is there anything else (advice, an interesting experience, tips, etc.) that you would like to share with our members?

Find something you enjoy outside of the law and make time to do it regularly. It is easy to get completely immersed in daily practice and that will quickly lead to burn out and stress. Block off time in your calendar for other interests. You will return to your practice refreshed and often with a better perspective.

Managing Partner Series │ Jennifer Gold & Frances Wood, Wood Gold LLP

Thu, 11 Jul 2019 20:53:27 GMT

Jennifer Gold and Frances “Frankie” Wood are the Managing Partners at Wood Gold LLP.

Jennifer Gold practices family law, including mediation, primarily in Peel Region. She was called to the Bar in 2002. She is Vice-President of the Women’s Law Association of Ontario. She formerly served on the Board for North York Women’s Shelter and volunteered on the school council of her children’s elementary school. Jennifer serves as a mentor to other lawyers. She has a keen interest in diversity and inclusion issues.

Jennifer is a 2017 recipient of the Lexpert Zenith Awards celebrating the advancement of women in the legal profession. When Jennifer is not practicing law and co-managing a law firm, she enjoys singing with a highly competitive women’s barbershop quartet.

Frances M. Wood practices Family Law, Civil Litigation and Appeals. Frances obtained her law degree at the University of Edinburgh, Scotland and a further degree at the University of New Brunswick. She was called to the Bar in 1998. Frances sits as a Deputy Judge of the Small Claims Court and as a Dispute Resolution Officer in the Region of Peel. She is a former President of the Peel Law Association, former Executive of the County and District Law Presidents Association and past Chair of LibraryCo. She is currently an executive member of the Family Law Section of the Ontario Bar Association. Frances regularly speaks at education events for other lawyers.

Frances has a wealth of experience representing clients in the Ontario Court of Justice and Ontario Superior Court of Justice, and the Court of Appeal. Her strong reputation as a litigator has caused her to be sought after for trials and appeals. Frances also offers mediation and applies a settlement oriented, child-focused approach to Family Law cases.

When Frances is not pursuing her legal interests and managing a diverse law firm, she is a proud parent of two rambunctious children.

By entering into partnership, Jennifer Gold and her partner, Frances Wood, sought to create an alternative to the traditional law firm and thereby achieve work-life balance and a diverse workplace. Their efforts were noted by Carol Goar in her article for the Toronto Star entitled, “Women Create Family-Friendly Law Practice”.

1. How did you get involved in your current area of practice?

Jennifer: I really enjoyed litigation during my articling experience. After being called, I was hired as an associate to practice civil litigation and family law. I really enjoyed working with people and helping them transition to a new stage in their lives. I found family law practice to be very meaningful in that I can help people through a very difficult time in their lives.

Frankie: I ended up in family law purely by accident when the insurance defence firm I was working for split up. A colleague needed help with a busy practice and suggested I come and help out until I figured out what I wanted to do with my life. I had never planned to practice family law, but within a short time I realized that I was really enjoying the practice. I wanted to become a lawyer so that I could help people: I agree with Jennifer that practicing family law allows us to put our knowledge and expertise to work helping people at a very difficult time in their lives.

2. What qualities and/or skills are important for leaders?

Jennifer: Leaders need to see the big picture and inspire and include their people on the journey. They need empathy to do so and also the strength to make difficult decisions. I just wrote a paper on inclusive leadership for the LSO for their May 2019 program on Addressing Discrimination and Harassment in Lawyer and Paralegal Workplaces that can be found online. Leaders should not be afraid to seek out mentorship and learn from other effective leaders.

Frankie: Let me start by saying that I agree wholeheartedly with everything Jennifer has written in answer to all questions. I have tried to add some additional thoughts to each.

A good leader inspires and guides their team. I used to think that being the boss was about telling people what to do, but in fact it's about creating an environment in which each team member has the space and the ability to find their own success. It’s not something that is taught in law schools – Jennifer and I have been learning as we go along and we continue to learn and grow as leaders.

3. What qualities and/or skills do you look for in a junior?

Jennifer: I look for associates with good people skills. In family law, you are often helping people during the hardest, most stressful time in their lives. I look for associates who are good at connecting with people. I like hearing about their part-time jobs in high school and university. It tells me that they’ve worked hard. I also enjoying hearing about their volunteer work and hobbies. I rarely look at transcripts.

Frankie: I also look for people who are smart and energetic. Experience is less important that a desire and ability to learn both the law and the lawyering skills you need to practice. Some straight A students make mediocre small firm lawyers, and some C students make excellent small firm lawyers. Attitude, especially a desire to excel, is much more important than grades.

4. What advice would you give a young woman starting her practice?

Jennifer: Connect with people who are like you and different from you. Join associations and stand up for something you believe in. Don’t be afraid to speak up. It’s not easy. Do it when you can. Speaking up may have the consequence of closing doors in one area but it may open doors in another. If you experience any discrimination or harassment, report it to the Discrimination and Harassment Counsel. Confidentiality is guaranteed but statistics on the complaints are reported to the LSO and Convocation.

Frankie: Start by thinking about what you want. Not what everyone has said you are supposed to want, but what you really want. Define your own success. Then you will know who you want to achieve. Do excellent work. Be impeccably ethical. Participate in the legal community – join associations, legal organizations or and community groups that have meaning for you.

5. What advice would you give a mid-level junior looking to advance her career?

Jennifer: Same as the foregoing answer but I urge them to actively help other women in their careers. We need to support each other. I’ve heard complaints from young women that they receive more support and mentorship from more men in the profession than women. I can understand how that can happen because as women, many of us still bear a greater burden of work at home including emotional work/planning. That, along with a demanding career, can seriously limit the time we have to work with others.

Frankie: You really need to get yourself out there. Getting on the Board of your local law association, or another legal organization is a great way to network and learn about our profession from a wider perspective. Don’t be afraid to write (start with a blog) and ask to present at CPD events.

6. What can we do to address the continued attrition of women in law?

Jennifer: We need to change the culture of law firms. The Canadian Centre for Diversity and Inclusion wrote a report called “Diversity by Numbers: The Legal Profession”. It was a qualitative study of diversity and inclusion in the legal profession and found:

(a) Women and Racialized lawyers are strongly represented as Articling Students and Associates, but their numbers greatly reduce in Partner and Senior Leader Roles.

(b) Private practice culture is aligned with hegemonic masculinity where groups with certain “masculine” characteristics benefit while others are disadvantaged. This culture helps maintain power for this beneficiary group.

We need to move away from this culture of hegemonic masculinity. We need include greater flexibility in work for the benefit of both women and men. We need to see diversity in leadership and a culture of inclusion in work places.

Frankie: We need to get rid of the billable hour as the primary measure of success. The billable hour rewards inefficiency without regard for quality of work. (As an aside, clients also don’t care how much time you spent, they care about the work product). A lawyer with a need to get home to be with family can often produce top quality work in significantly less time than one who has no pressing need to get out of the office – we need to stop rewarding those who take more time to do the same work. We also need to respect the needs and goals of every member of the team – you need to see the whole person in order to understand how to nurture the best of them.

7. If you could give yourself one piece of advice when you were starting out in law, what would it be?

Jennifer: Speak out. Don’t be afraid to take risks.

Frankie: Don’t let other people tell you what you want. Be brave.

8. Is there anything else (advice, an interesting experience, tips, etc.) that you would like to share with our members?

Jennifer: Some say that “work life balance” is a myth. Our practice is proof that it is not. We enjoy our careers, actively parent our children and spend time with our spouses. It’s certainly not easy but it’s doable. We support and help each other to make it work.

Frankie: Hopefully, you are going to be doing this for a really long time. Enjoy yourself. Find the joy.

One last comment: I believe it is so important for women to amplify one another’s voices, show public support for one another. In that spirit, I want to share perhaps one of the most important phone calls in my career. Many years ago, Jennifer and I had a few discussions about starting our own firm. One day, in the winter of 2008 she called me and said ‘We are starting our own firm.” I replied something noncommittal like “yes, we really should, that’s a great idea.” She said “No, we are doing this. I am giving my notice today.” And with that, our firm was born. Every day I am grateful to be Jennifer’s law partner.

Managing Partner Series │ Erin Cowling, Flex Legal Network

Thu, 04 Jul 2019 19:34:24 GMT

Erin C. Cowling is a freelance litigator and President and Founder of Flex Legal Network Inc. (a network of experienced freelance lawyers that assists lawyers, law firms, and in-house counsel with their overflow legal work on a project basis). Previously, she was a corporate commercial litigator at a large firm.

Erin also teaches legal research and writing as an Adjunct Professor at the University of Toronto Faculty of Law; is the Regional Alumni Advisor (Toronto) for the University of Ottawa Faculty of Law; has an award-winning law-blog; writes for several legal publications; has spoken at several legal events and conferences; and enjoys mentoring young women lawyers, both informally and formally through the Women’s Legal Mentorship Program.

You can connect with her on LinkedIn and you can follow her on Twitter at @Cowlingerin or @FlexLegalNet.

1. How did you get involved in your current area of practice?

This is a long story. But I will make it brief. I never met a lawyer until I went to law school. I only knew what I saw on TV. I had no idea that there were lawyers who didn’t go to court. So, I became a litigator because that was all I knew. Luckily, I love case law and being an advocate, so it was a good fit.

Now, how did I become a freelance litigator and the founder of a freelance lawyer company?

That is an even longer story. But here is the condensed version:

I was called to the Bar in 2005 and was hired back at the Bay Street firm where I had summered and articled. I worked as a corporate commercial litigator for several years. My fit with the firm changed due to its merger with another firm, an economic downturn, my taking of two maternity leaves, shifting of goalposts for partnership, etc. I accepted a job at an estate litigation boutique in 2012. I quickly realized I had no patience for bitter people fighting over their dead parents’ money and, to be perfectly honest, the stress of that job and practicing in that area of law affected my mental health. I was pregnant with my third child and my health was a priority for me, so, after working there less than a year, I quit without another job lined up. Figuring no one would hire a pregnant lady, I started taking on small research and drafting projects from lawyers that I knew to fill the gap until I could find a job at a firm again. The only problem was, after my daughter was born, every time I went to apply to a law firm my stomach would churn at the thought of returning to having no control over my time, the demanding clients, facing an uphill battle for partnership, etc. and I couldn’t bring myself to submit the applications.

Meanwhile, the work from other lawyers kept coming in and I was really enjoying drafting factums, doing the odd court appearance, drafting blog posts, doing legal research etc. on a freelance basis for multiple firms. So, I thought, maybe I could freelance full time. I gave myself one year to see whether it was a viable career choice. I put up a website, called myself a “freelance lawyer”, printed off some business cards, and started hustling for work. The hard work paid off. After little over a year, I became so busy I was turning down projects. Clearly there was a demand for freelance lawyers. I founded Flex Legal Network in 2015. We now have over 20 freelance lawyers and 5 law clerks. We assist lawyers, law firms and in-house legal departments across Canada with their overflow legal work, mostly (90%) litigation based.

2. What qualities and/or skills are important for leaders?

Good question. I’m not sure if I know the answer or even if all great leaders possess the same qualities or skills.

If I think of some leaders that I know and have worked with, I believe a leader should be able to see other peoples’ perspectives and put themselves into the shoes of the people they are managing or leading. Patience, empathy and humility are important. Those that are constantly blaming others are never a joy to work with and don’t lead effectively.

I belong to a business book club with other women entrepreneurs and we meet once a month. One of our books this year was called Permission to Screw Up – How I Learned to Lead by Doing (Almost) Everything Wrong by Kristen Hadeed. It was a great read, and probably sums up leadership skills better than I can.

3. What qualities and/or skills do you look for in a junior?

There are the standard qualities I look for, i.e. someone who does great work and shows initiative, but really, trust and reliability are huge for me. I take people at their word, which means I need to trust their word. If a junior tells me they are going to do something and they don’t follow through, I am hesitant to give them more work or rely on them for anything else. How will I know if they will respond to the client’s email? How will I know they will meet the client’s deadline? Can I trust that they will note up all the case law? Obviously, emergencies or unforeseen events come up, but if it becomes a pattern of not doing what you say you are going to do, then we have a big big problem.

I also really appreciate juniors who acknowledge their mistakes and learn from them. It is easy to get defensive when someone points out you’ve done something wrong and often our instinct is to push back (I’m guilty of this). But we all make mistakes (me included). Juniors who accept their mistakes and see them as learning opportunities are way ahead of their peers who do not.

4. What advice would you give a young woman starting her practice?

Don’t make the same mistakes I did! Law firms are not schools. You cannot just put your head down and do great work and think you will be rewarded. Unapologetically advocate for yourself. Don’t keep that court win quiet. Do the victory lap around the office. Your career is in your hands. While it might seem comfortable in the passenger seat, scoot on over to the driver seat and take control before you end up somewhere you don’t want to be.

Also, it is never too early to start networking! And by this I simply mean go out and meet other lawyers and make connections. Join lawyer associations outside of your firm, get on at least one committee or executive, write for a legal magazine, connect with others on LinkedIn or Twitter, blog to build your profile, attend networking events for young lawyers, etc. You don’t have to do all the above but pick at least two or three. The time will come when you will have to bring in work, or want to find a new job, or you want to be elected as Bencher, or teach a course at a law school, etc. and it is your network that will be a big help to you achieving your career goals.

5. What advice would you give a mid-level junior looking to advance her career?

First, are you happy? Now that you know a little bit about how to be a lawyer, are you happy where you are? If not, start looking for something new now. Life is too short to be stuck in a job that you hate.

Have you been networking? Good, keep it up and draw on your network to help you advance to your next career goal, whatever that might be.

If you haven’t been networking, start now (see above).

Say your goals out loud. Make them real. Tell people what you are aiming for, because they may be able to help you. Is it to become partner at your firm? Let your firm know.

6. What can we do to address the continued attrition of women in law?

Burn down the patriarchy.

Ha! All kidding aside: challenge the status quo. We don’t need any more conferences on how women need to change to fit into the legal profession. If the legal profession keeps pushing women out, then the legal profession needs to change.

To this day I feel like I let women lawyers down because I left Bay Street to start my own thing. Should I have stayed and fought for women and other equality seeking groups and made changes from the inside? Maybe.

Instead I chose to take power into my own hands, and I found a way to continue practicing law that makes me extremely happy and fulfilled.

7. If you could give yourself one piece of advice when you were starting out in law, what would it be?

It’s okay that you ruffle some feathers sometimes. Keep speaking up. Keep speaking the truth.

8. Is there anything else (advice, an interesting experience, tips, etc.) that you would like to share with our members?

Support each other and keep being agents of change. Canadian lawyer and feminist icon Linda Silver Dranoff says it best in her book Fairly Equal: Lawyering the Feminist Revolution:

I hope that every woman reading this book understands the importance of working together with other women in sisterhood . . . Remain vigilant to ensure that the advances my generation made are not taken away from you. Be aware of the areas that still require attention, and do what you can to be agents of further change. Speak, as I tried to do, for women who otherwise have no voice . . . I encourage those who follow us to do the same, to never ask “What can one person do?” but rather to say, “This is what needs doing, and this is what I will do about it.”

Managing Partner Series │ Lisa Munro, Lerners LLP

Thu, 27 Jun 2019 20:12:50 GMT

Lisa C. Munro is the Managing Partner at Lerners LLP. Lisa practises commercial litigation and arbitration, including business and contractual disputes such as shareholder disputes and oppression remedy cases, class actions, and matters involving director and officer liability, transnational and cross-border law, and accountants’ and auditors’ liability.

Lisa has been a member of the Lerners LLP Executive Committee since 2007 and the Toronto Office Managing Partner since 2018. She was the founding Chair of the firm’s Diversity and Inclusion Committee.

Lisa was recognized by the Women’s Executive Network as one of Canada’s Most Powerful Women: Top 100 (2017). She received the Lexpert Zenith Award for diversity and inclusion in 2016, and was selected by “Diversity Journal” as a recipient of its 2015 Women Worth Watching Award. She is a Fellow of Litigation Counsel of America and has the Qualified Arbitrator designation from ADR Institute of Canada. She is a member of board of directors, Greater Toronto Scout Foundation, and is a recipient of Scouts Canada Medal for Good Service.

1. How did you get involved in your current area of practice?

Like many students who enter and complete law school, I had a very clear idea of the kind of legal practice I wanted to pursue as a lawyer. However, as soon as I started my articles, my interests suddenly and surprisingly shifted to commercial litigation. I was lucky to become involved day to day in an out-of-town trial on a personal injury matter for three months during my articling year. Although I loved the excitement of the trial experience, I found that the legal issues that stimulated me were invariably those relating to corporate disputes. So although I think it is essential for a young lawyer or student to have a career plan to maintain focus and momentum, it must also be flexible because it can (and should) change over time.

2. What qualities and/or skills are important for leaders?

In my view, the single most important quality in a leader is empathy. Every issue or challenge that arises when leading a group has a human element that has to be recognized and acknowledged in order to find a solution. Empathy also leads to good listening skills, which are essential to good decision making. The second most important quality is the ability to rise above personal self-interest and make decisions based upon the good of the group as a whole. I have often been surprised at how rare a skill this is! Thirdly, confidence is critical. Others will always second guess or criticize the decisions you make as a leader. Confidence comes from experience and preparedness, and from not being afraid to canvass the views of other trusted advisors when necessary to reach the decision that feels “right”.

3. What qualities and/or skills do you look for in a junior?

I have learned that those who both survive and thrive in a litigation practice are not necessarily those with the highest law school marks or those who, as students, wrote the best legal memoranda. They are the young lawyers who are curious and enjoy the excitement and stimulation of figuring out problems themselves. They know how to manage the stress associated with trying and, sometimes, failing. And they understand that excelling in a litigation practice means that there are times when the intensity of a trial or lengthy motion or a difficult negotiation requires personal sacrifice – cancelling social engagements, and occasionally foregoing sleep - all of which is worthwhile because of the satisfaction of professional growth and achievement. A junior lawyer with these qualities is someone upon whom I feel I can rely and with whom I can share a laugh at the very moment when the stress almost seems too much!

4. What advice would you give a young woman starting her practice?

As a young lawyer, I always took every opportunity that was offered to me, both with respect to the kinds of files to which I was introduced and the opportunities to be an engaged citizen in my law firm. Most of those opportunities opened doors and gave me skills that I did not even contemplate at the time. I have been often surprised at the encouragement and support I have received as I developed.

5. What advice would you give a mid-level junior looking to advance her career?

In my experience, the most difficult thing for a mid-level junior looking to advance her career is deciding what she wants her career to look like in the future. In private practice, where I have experience, there is a relentless drive to increase productivity and billable hours in the march towards equity partnership. This can be an exciting, intellectually stimulating, challenging and highly rewarding path to take. But it is slog if that is not what a mid-level lawyer really wants. She is in the enviable position of understanding the demands and expectations of the job, and also having the experience to know how to advance. So she is well positioned to make choices and take action. I see many mid-level associates flounder at this stage, despite having all this information with which to make important career decisions, because they are not prepared to or able to be honest with themselves about what they truly want and admit it if their ambitions have changed over time. Do not be passive in your career!

6. What can we do to address the continued attrition of women in law?

I have gradually come to the view that retaining women in law is all about developing personal and professional relationships. Attrition seems to happen at the greatest rate at the mid-level associate range when the lawyer has developed the basic skillset required to succeed in the profession and is looking for “something more”. That “something more” is the sense of personal fulfillment that arises as a result feeling supported by and connected to peers. Most of us know that there are a variety of places in which we can do the kind of work we want to do, but it is essential to find the workplace in which you feel that you are a valuable and contributing part of a community.

7. If you could give yourself one piece of advice when you were starting out in law, what would it be?

I am tempted to use the cliché, “don’t sweat the small stuff” and have tried to give myself that advice for many years. I have spent a lot of time worrying about things that never came to pass, and losing sleep over matters about which I had no control. But as I look back, I now think that that quality has driven me to try to do my best in everything I tackle. I now tell young lawyers that it is the stress and fear of failure that helps you grow and develop, so long as you can learn how to manage it!

8. Is there anything else (advice, an interesting experience, tips, etc.) that you would like to share with our members?

Although lawyers are notorious for being opinionated, strong-willed, and determined to be autonomous, it has always surprised me at how few lawyers want to be leaders. This presents wonderful opportunities for those of us who want to step into leadership roles. I have always felt at my law firm that my opinion was welcomed and respected and that I could have influence in decisions affecting the future direction of the firm. So I would advise young lawyers to seek out workplaces in which they feel that sense of belonging and don’t settle for something less.

Managing Partner Series │ Maria Scarfo, Blaney McMurtry LLP

Thu, 20 Jun 2019 21:54:42 GMT

Maria Scarfo is the Managing Partner at Blaney McMurtry LLP. Maria’s career has been devoted to finding effective solutions for her clients while contributing to the management and growth of Blaney McMurtry. As the firm’s Managing Partner, Maria combines her expert litigation and negotiation skills with a proven ability to solve problems and build strong teams in order to ensure that both her clients and colleagues receive strong leadership and results.

Maria is an experienced litigator who defends claims for insurance companies, public authorities and corporations. Her areas of specialty include claims involving institutional sexual abuse and the defence of public authorities; Maria has defended hundreds of public authority defence files and institutional sexual abuse files.

With a well-developed ability to defuse conflict in any situation, Maria is often entrusted to handle sensitive, high profile cases which require a balancing of clients’ reputational, public policy, business and other interests beyond litigation. By actively listening to her clients’ unique concerns, Maria is able to recommend the most reasonable course of action to achieve her clients’ goals and objectives. Maria has resolved hundreds of cases at mediations and she has an excellent record of finding early resolutions in cases resulting in significant savings in legal fees for her clients.

Maria represents clients in highly contentious litigated matters as well as those more suited to mediation. As a result of her adaptability, agility, and sound judgment, she can effectively and efficiently respond to any client matter.

1. How did you get involved in your current area of practice?

I was very lucky to article at my firm and complete rotations in litigation, real estate and corporate so that I had a decent understanding of the different areas of practice. I was interested in litigation and the firm hired me in their general litigation group working half time for the commercial litigators and half time for the insurance litigators. As the early years passed, I found that I really enjoyed the insurance side of our advocacy group. I steadily focused on defending public authorities and then in the early 90s we saw the surge of the defence of historical sexual abuse claims and I became involved in defending those claims as well. I say that I have been lucky because I have had the benefit of being able to pursue the areas of the law that I found interesting and rewarding so that the work has been enjoyable.

2. What qualities and/or skills are important for leaders?

In my view, the best leaders have a good understanding of the best paths forward and can visualize what their organization needs to achieve in order to have continued success. Usually, this means that there are several goals to achieve. A good leader understands that in order to achieve these goals, you need to create opportunities for the members of the team which allows employees to both achieve their own personal goals and the organization’s goals. Practically speaking, this means that a leader has to have good self- awareness (it is not about her), and has to understand how to create the best environment that is motivating and inspiring. A good leader does not order people to do things but instead creates enough understanding and positive examples so that people are quite willing to walk along the same path to move forward. An old friend of mine said that some of the best leaders are not walking in front of you but are either at your side of even just following along in case you need them.

3. What qualities and/or skills do you look for in a junior?

I think the most honest way to answer this question is that a really good junior has a high sense of responsibility, and is organized, reliable, positive, loyal and calm. These are the qualities that take the edge off of the stress that senior practitioner experience.

4. What advice would you give a young woman starting her practice?

I recognize that the cost of a legal education coupled with the cost of living means that compensation will play a major role in making a decision about first jobs. Otherwise, it is important to appreciate that she is embarking on what will hopefully be a multi-decade career. As a result, the first years and then the years approaching retirement are the best times to take chances and try different paths. We have to choose the type of law and type of place to practice based on what is actually appealing to us. It is not correct to just assume that in order to be successful that you have to be in private practice in a certain size of firm. In order to make decisions, we have to access as many people as possible to ask questions and become informed about different workplaces.

Lawyers are much more approachable than you might think and will make time to have coffee to answer mentoring questions. If you do have to start in a position that is not ideal, always try to use the experience to enhance your skills while you wait for a more suitable position. Most importantly, remember that you are starting to build your reputation and become the type of professional who will succeed. The advice not to burn bridges is still great advice as is the advice to present as the type of employee who will be given the best work and the best chance to succeed in an organization. I suggest this approach even if you are not at your ideal workplace. Of course, a woman should never accept any conditions which are inappropriate or threatening in any manner.

5. What advice would you give a mid-level junior looking to advance her career?

This is usually the first time that she will have to decide whether to stay where she is or move on. If it is time to move on, then the main factors to consider relate to whether or not a lawyer wants to pursue private practice. At most law firms, as a lawyer becomes more senior, the lawyer does need to have the ability to generate work for the firm. As a result, a lawyer commencing her career in private practice has a difficult decision to make if she wants to make a move after the first few years. If the move is outside of private practice, it is very difficult to then return to private practice unless she has the ability to generate work as she becomes more senior. It certainly is not impossible as it is possible to return to private practice if she can bring work with her from an in house position.

While it might be in vogue to change jobs to advance a career, a better decision is to really look for opportunities where she currently works. I am biased as I have been at my firm for 32 years. I would suggest that finding a way to move past any impediment at a current workplace is an extremely wise thing to do. If you are able to distinguish yourself as a valuable employee, then success tends to follow. With success, a lawyer becomes much more valuable to an organization and this will mean that she can start to make changes within the organization.

6. What can we do to address the continued attrition of women in law?

The question is even harder to answer now that lawyers tend to have to work longer hours to make less money with the shrinking of available work and the downward pressure on legal fees. This is an important development as it means that demands on lawyers’ time have been increasing. There are fewer options to make workplaces attractive by allowing more flexibility in terms of working fewer hours. However, women are excellent lawyers and effective communicators and greatly enhance the bench strength in any workplace. There are many things that can lead to much better retention of talent. A workplace that is collegial, team oriented and supportive can make a huge difference. The ability to work remotely when you have the best available time will also help because women are usually excellent at balancing many things efficiently. Most importantly, workplaces must sincerely promote an environment where women are able to balance maternity leaves with their return to work allowing them to continue their careers. Again, we have to remember that in a multi decade career, there is ample time to work at different paces/ in different ways to make sure that other critically important personal goals are achieved. Compromise is essential both on the part of the workplace and on the part of the individual.

7. If you could give yourself one piece of advice when you were starting out in law, what would it be?

I wish that I could have appreciated that all problems have solutions and that there was no need to inflict so much stress on myself every time something went wrong.

8. Is there anything else (advice, an interesting experience, tips, etc.) that you would like to share with our members?

Law is a very empowering career for women. It makes us confident and knowledgeable and these benefits are priceless.

Why Not Getting Hired Back was the Best Thing to Happen to my Career │ Sarah Naiman

Thu, 13 Jun 2019 22:06:05 GMT

When I finished law school, I, like many of my classmates, had already secured an articling job. I didn’t get an OCI but I found my job during the second large wave of hiring in the summer before third year. The process was by no means easy but it was very structured. My law school gave us links to firms who had postings for articling jobs and I applied to the ones that interested me. At the end of the process, I was very fortunate to get an offer from my first choice firm – a commercial litigation boutique in downtown Toronto.

My articling year went quite smoothly. I worked hard but the hours were never crazy. I got along very well with the other articling student, all the lawyers at the firm seemed to like me and I got positive feedback on the work that I did. When May rolled around, I was feeling quite confident about getting hired back. My firm had a good history of hiring back students and no one had told me that it wasn’t going to happen.

When I eventually realised in early June that I had not secured a permanent position, I was devastated. The firm gave me a summer contract and told me they would make a final decision in September. While this was better than nothing, it still felt like a rejection. If I’m being honest, it felt like I had been dumped. When I wasn’t bawling my eyes out, I was panicking because I had no idea what to do next. No one had prepared me for how to get a job after articling. My law school was silent on the issue and while many of the partners at my firm offered to help me, I wasn’t even sure what sort help I would need if it didn’t involve getting me a job somewhere.

The first thing I thought to do was to talk to other firms to see if there were jobs available. I looked in the ORs but there weren’t many postings, especially for new calls. I then turned my focus to commercial litigation boutiques who hadn’t hired articling students. I started with associates I had met during my articles. When I didn’t know anyone at a firm I wanted to reach out to (which was most of them), I tried to find juniors I had a connection with. I would look at their firm profiles to see what law school they went to or what their interests were outside of law.

Then I would cold e-mail them. The e-mail was a 2-3 liner introducing myself and telling them that I was a new call. I told them I had an interest in their practice and asked if they would be open to having coffee with me to discuss it further. At no point did I ever say that I was looking for a job. Even though it was fairly obvious from the e-mail that I was on the hunt for an associate position, I still wanted to speak to people even if no position was currently available.

My first coffee meeting was exactly the scenario I described above. I reached out to a junior at a commercial litigation boutique who had gone to the same law school as I had. We had both worked at the same legal aid clinic (in different years) so I knew we had some common ground there. He was upfront that his firm was not hiring but was happy to speak to me anyways if I was still interested in hearing about his practice. I quickly responded that I still wanted to chat and I’m so happy I did. Not only did his firm hire me for a document review contract position 5 weeks later, but he also became a good friend.

This contract was not the end of my journey. After 10 weeks, the contract ended and I was back to looking for a job. I wasn’t back to square 1 though. I had now gained the confidence to approach people and successfully give them my elevator pitch. I met with about 70 lawyers in 4 months. At every meeting, after asking them about their firm and their practice, I asked if they had any tips for me going forward and if they knew of any firms I could reach out to. Some people were very generous with their personal network and told me to reach out to other firms using their name. Others told me about new firms I hadn’t even heard of. Throughout this process I vastly expanded my network in the legal community.

In addition to networking through coffee meetings, I also joined several organizations to make myself more marketable and to meet people more organically. I started going to events through various organizations like Young Women in Law, The Advocates’ Society and the Ontario Bar Association. The events were a great way to meet lawyers who could help me in my job search as well as other juniors who were in similar situations. After attending several Young Women in Law events, I was asked to submit an application to the board. I eventually joined the board as the Director of Events which has not only been so rewarding but has also greatly assisted in progressing my career.

I also started volunteering at Pro Bono Ontario. It was a way that I was able to stay involved in litigation when I wasn’t working. Now, even though I have been gainfully and happily employed for over 4 years, I continue to volunteer there several times a year because I find the experience to be so rewarding and enjoyable.

After several months of unemployment, I eventually found my current job through the assistance of one of the partners at my articling firm. He introduced me to the person who would go on to be my boss and mentor. After he made the initial introduction, 6 weeks later I started as in-house counsel at a large Canadian Insurance Company. The role I ultimately took was by no means the role I thought I wanted at the beginning of my job search. However, after 4 years of being there I can honestly say that not only do I love my role but that it is also a far better fit for me (both personally and professionally) than my articling firm was for a variety of reasons.

Now that I’m working, I have continued to use the lessons I learned from those very painful months of unemployment. I continue to keep up with my networking – not because I’m looking for a job but because I love connecting with other people in the legal industry and have made many great friends and professional contacts in the process. I have continued to volunteer for both Pro Bono Ontario and Young Women in Law, both organizations that have taught me many invaluable skills and are a great source of joy. I have also continued to use my network to help me progress my career.

Not being hired back forced me to really think about what type of law I wanted to practice and what sort of career I wanted to have. You can certainly do all of the things that I did if you have been hired back. But if I’m being honest, I can’t imagine that I would have had the motivation to take all those steps and put in all that time at the infancy of my career had I not had to. At the time, not getting hired back seemed like the end of the world (or at least my professional one). Now, I realise that it was an incredible opportunity that opened so many doors and led me down a path that is far better for me.

_______________________

Author: Sarah Naiman

Sarah Naiman obtained her JD from the University of Windsor in 2013 and completed her undergraduate degree at the University of Toronto. She was called to the Ontario Bar in 2014. Sarah is currently in-house counsel with Intact Insurance and prior to that, worked at a commercial litigation boutique. While attending law school in Windsor, Sarah volunteered at the Community Legal Aid of Windsor where she represented individuals who could not afford to pay for legal services. Sarah currently volunteers with Law Help Ontario PBO and is the Director of Events at YWL.

Managing Partner Series │ Brenda Christen, Christen Seaton Burrison Hudani LLP

Thu, 06 Jun 2019 21:51:27 GMT

Brenda Christen is the Managing Partner at Christen Seaton Burrison Hudani LLP. A founding partner of Wilson Christen LLP, and now Christen Seaton Burrison Hudani LLP, Brenda approaches family law with an emphasis on smart, practical solutions. Clients appreciate Brenda’s direct, and approachable manner while opponents respect her skill, experience and track record.

Brenda has acted successfully on leading cases at both the trial and appellate levels, and secured the highest child support award in Canada. Brenda prefers a constructive resolution to litigation and now focuses her efforts exclusively on her mediation practice.

Selected by the National Post as one of Canada's best family law lawyers and ranked in the Canadian Legal Expert Directory, Brenda served as a Dispute Resolution Officer for the Ontario Superior Court of Justice. Brenda has been consistently listed in the Best Lawyersguide for family law since its inception in 2006. This publication, based on peer review, is considered 'the most credible and definitive guide to legal excellence in Canada'.

Brenda's experience as a mediator is founded upon over 30 years of experience as an advocate for her clients. She has comprehensive knowledge of the court process, having appeared before all levels of court in Ontario. She understands the limitations of the court process and the inherent pressures that such a process places on families. Brenda brings the skills and insights learned in over three decades of experience to the table in her mediation practice. She focuses on pragmatic solutions and is able to simplify complex issues, creating clarity and offering practical solutions.

1. How did you get involved in your current area of practice?

I got involved somewhat by happenstance. I was working at a general practice firm and was not very happy. One of my closest friends had taken the bar admissions course at the same time as me. She reached out to say her family law instructor had an ad in the Ontario Reports looking for an associate. So I reached out, met with him and was hired immediately. A year and a half later he left the respected boutique firm we were with and asked me to join him. We became Wilson Christen Family Lawyers when I was a first year associate. 30 years later we have experienced tremendous success in two areas that we never would have predicted, real estate investment and a class action law suit against the Federal Government. Definitely didn’t see that coming when we started our little firm.

2. What qualities and/or skills are important for leaders?

Patience, a sense of humour and most importantly a lack of self involvement. In order to lead you need to believe that others should have the same opportunities to succeed that you would like to have. Finding the people and giving them that opportunity can be the trickier part.

3. What qualities and/or skills do you look for in a junior?

Judgment and common sense. You can’t really teach those things.

4. What advice would you give a young woman starting her practice?

Play the long game. Don’t believe that everything needs to be accomplished immediately or that your life should proceed on a fixed timeline, i.e. graduate at age 24, marry at age 27, partner at age 35. Things don’t always happen on your schedule and that is often a good thing.

5. What advice would you give a mid-level junior looking to advance her career?

Don’t be afraid to branch out and try something different. Law gives you a lot of opportunity to do different things. Develop other interests and be open to different paths. After litigating for so many years I decided to become a mediator. Similar components but a much different perspective and I find the work more satisfying. Building resolutions instead of working to impose them is a nice change and, in my view, more suited to family issues.

6. What can we do to address the continued attrition of women in law?

All of the above. Readjust expectations that the only way to be successful in law is to be a partner in a Bay Street firm or the seven siblings or whatever the people that think those things are important call them. There is lots of opportunity out there if you are willing to let go of those expectations. For example you can be part of something smaller and grow.

7. If you could give yourself one piece of advice when you were starting out in law, what would it be?

Go to med school.

8. Is there anything else (advice, an interesting experience, tips, etc.) that you would like to share with our members?

Don’t let men push you around. Call ******** when you see it and stick up for other women in your profession and everywhere else.

Managing Partner Series │ Luisa Ritacca, Stockwoods

Thu, 30 May 2019 21:25:17 GMT

Luisa Ritacca is the Managing Partner at Stockwoods. Luisa’s practice encompasses a wide variety of areas, including professional regulation; administrative law; general civil and commercial litigation. She is preferred counsel for LawPro, having acted on its behalf on a number of court motions.

Luisa frequently appears as counsel for the Canadian Centre for Ethics in Sports on a number of anti-doping cases. In addition, Luisa acts for students facing academic and non-academic related charges at secondary and post-secondary intuitions throughout the Province.

Further, Luisa acts as independent legal counsel for the College of Opticians of Ontario, the College of Naturopaths of Ontario, and the College of Veterinarians of Ontario.

Luisa was appointed by former Chief Justice Warren Winkler to act as court monitor in the administration of two pan-Canadian settlements involving the tainted blood scandal, as well as the settlement involving water contamination in Walkerton, Ontario.

Luisa has been involved in three judicial inquiries, including serving as co-counsel to the Office of the Chief Coroner in the Inquiry into Pediatric Forensic Pathology (the “Goudge Inquiry”), counsel for the North York General Hospital nurses during the SARS review, counsel for Peter McCallion in the Mississauga Judicial Inquiry, and counsel to the Association of Professional Engineers of Ontario in the Elliot Lake Inquiry.

In February 2016, Luisa was appointed a part-time member of the Licence Appeal Tribunal, Fire Safety Commission and the Animal Care Review Board.

She is an adjunct professor for the Trial Practice Course at Osgoode Hall Law School and is a team leader for the Intensive Trial Advocacy Program.

1. How did you get involved in your current area of practice?

I currently practice both commercial litigation and public law, with a focus on professional regulation. I came into my practice areas much by chance. I always had an interest in administrative law and I clerked for the Divisional Clerk prior to joining Stockwoods, so public law was a natural fit for me. In addition, there were great senior lawyers at the firm doing interesting work in these areas and so I started working for and with them. That gave me good exposure to our existing clients and the opportunity to go out and market myself to potential new clients.

2. What qualities and/or skills are important for leaders?

I think a good leader needs to know how to draw the best out of her team. It isn’t about getting your team to do what you want them to do; rather, as a leader you need to create an environment that allows each person to thrive and succeed. It is also important to be able to make tough decisions. As a leader your goal is to obtain input and build consensus, but there are occasions where you have to make a call, regardless of how difficult or unpopular. Finally, I would say that a leader should be a good listener; your team members no doubt have valuable input. Listen and learn from them. You get more buy-in as a leader if you show that you are willing to take feedback and consider everyone’s ideas.

3. What qualities and/or skills do you look for in a junior?

I look for lawyers who are committed to doing the work of the firm and who are willing to take on projects/assignments that may be outside of their comfort zone. I am happy to help a young lawyer who might be working through an area of practice that is new for them. I also look for lawyers who understand that our primary job as lawyers is to serve our clients and to help our clients avoid or minimize problems. It is not enough to be able to identify issues for our clients; as lawyers we need to be able to come to them with solutions. I expect the lawyers who work with me to understand that problem-solving is our main focus. This is true whether you are meeting with a client to explain the legal ramifications of a particular business decision or presenting a case in court. You are there to offer solutions.

4. What advice would you give a young woman starting her practice?

You should find other lawyers with practices you admire and offer to buy them coffee. Lawyers are usually more than happy to give advice to other lawyers just starting out. You should also look for a network of lawyers who may or may not be doing the same kind of law, but who you believe will be supportive and encouraging. Law can sometimes be a stressful business. It is important that we surround ourselves with people who understand that.

5. What advice would you give a mid-level junior looking to advance her career?

If you love what you are doing and where you are working, let your employer know and talk to them about where you see yourself in the next 5 years. Make it clear to them that you see yourself as someone who has been and will continue to be of value to the firm/company. Keep doing great work for your clients and look for opportunities where you can start using the knowledge you have developed to date to give back to the legal community. Teaching and writing are great ways to give back and to showcase the breadth and depth of your knowledge.

6. What can we do to address the continued attrition of women in law?

This is a difficult question as I believe that there are a myriad of different reasons why women choose to leave the practice of law. Sadly, I am sure that there are women who have felt undervalued and unappreciated by their employers and/or partners, such that they no longer believe that the effort is worth it. I also know that there are others who feel the stress of balancing their home and professional obligations is too much to bear. Finally, I know women who have left the practice of law to take on other passions – which I think is great and should certainly be celebrated. That said, as someone in management, I try to make sure that the women on my team are heard and know that they are appreciated. I look for opportunities to showcase their skills and make sure to tout their successes. For women returning to practice after a parental leave, it is important for management to make sure that the work they are returning to is challenging and rewarding.

7. If you could give yourself one piece of advice when you were starting out in law, what would it be?

Never say no to a work assignment that gets you into court.

8. Is there anything else (advice, an interesting experience, tips, etc.) that you would like to share with our members?

Remember that even the most difficult and acrimonious files will come to an end. Be sure to remain professional and civil with opposing counsel throughout. If you lose, call and congratulate the other side. If you win, call and let them know that it was a pleasure working with them.

Managing Partner Series │ Julie Maciura, Steinecke Maciura LeBlanc

Thu, 23 May 2019 20:59:25 GMT

Julie Maciura is the Managing Partner at Steinecke Maciura LeBlanc. Julie has practised administrative law, with an emphasis on professional regulation, for over 20 years. She acts as general counsel, prosecutor, and independent legal counsel for numerous Ontario regulators. Julie’s general counsel work includes training specific to the needs of statutory committees, guidance to regulators on Registration and Quality Assurance matters, as well as drafting regulations, by-laws, standards and policies. Julie has also performed comprehensive legal audits of various statutory programs and processes for regulators and has experience with strategic planning. Julie has appeared in all levels of court in Ontario representing the interests of regulators on appeals and judicial review applications.

Julie regularly gives presentations to regulators, law school classes and at professional conferences on health law, administrative law, and professional regulation. She has written numerous articles for the firm’s newsletter, Grey Areas, as well as its blog, Regulation Pro. She is co-author of the first and second editions of The Annotated Statutory Powers Procedure Act.

Julie has a Bachelor of Arts degree in English Literature from the University of Lethbridge, a Master’s degree in English Literature from the University of Toronto and a Bachelor of Laws degree from Osgoode Hall Law School. She also obtained a Master of Laws degree (Administrative Law) from Osgoode Hall Law School in 2007. In 2012, Julie received her specialist certification in health law from the Law Society of Ontario.

Julie is a past member of both the Financial Services Tribunal and the Council of Health Quality Ontario.

1. How did you get involved in your current area of practice?

It was pure luck that I was hired back after articling into this particular area of law (professional regulation). I was working for a mid-sized firm at the time and this is where there was an opening. For that I am forever grateful because I have really grown to love this area of law.

2. What qualities and/or skills are important for leaders?

I think a good leader needs to have a multitude of qualities and skills. While I’m not sure that I possess all of these, I think a leader needs to be decisive, fair, patient, hard-working, be able to delegate, be a good communicator and have a sense of humour. I really think that it’s important to be able to make decisions quickly. While considering the factors relevant to the decision is of course important, once you have all of the information you need, it’s important to act quickly and decisively so that things can move forward.

3. What qualities and/or skills do you look for in a junior?

I look for a detail-oriented person who can meet deadlines. It’s important that they be approachable and personable and a certain amount of maturity, or even gravitas, is also good so that clients are comfortable putting their trust in them. I also value someone who will go the extra mile and will give me the very best product they possibly can. When a junior treats their work product as though it is going directly to the client, and doesn’t assume that I will catch mistakes/polish it up, etc., that’s something that impresses me a great deal. I also look for someone who can prioritize and juggle many things at one time without getting frazzled. Our work entails many very long, detailed research projects as well as routine questions from clients who expect answers quickly – it’s key that a junior be able to maintain focus on the longer projects knowing that they will frequently be interrupted by other matters that need to be given priority in the meantime.

4. What advice would you give a young woman starting her practice?

Find mentors and lawyers in your field who will look out for you. It might take a while but you will be able to make connections and those connections will pay dividends when you least expect it. I would also tell young women to speak up in meetings and make sure their voice is heard. Contribute your thoughts and ideas because they are just as important as those of the men in the room. If anyone views that as being pushy then those are not the kind of people/clients/lawyers you want to work with anyway, so keep talking and keep looking until you find “your people”.

5. What advice would you give a mid-level junior looking to advance her career?

Network, network, network; write articles and papers in your field, volunteer to speak at conferences, and get on the board of a charity or organization that means something to you so that you can give back and at the same time you will gain that governance and leadership experience that you can benefit you in your law practice.

6. What can we do to address the continued attrition of women in law?

I think this will require an overhaul of the way that most law firms function and that means changing the way legal work is billed. The emphasis on billable hours makes it very difficult to be a parent, at least when children are young. And most marriages (I can only speak to heterosexual marriages) still put the burden of child-rearing on women, so their careers stall when the children are young, which of course is when a lawyer’s career is just taking off. This is no doubt why many female lawyers leave private practice to go in-house or work in government.

7. If you could give yourself one piece of advice when you were starting out in law, what would it be?

Speak up more and don’t be intimidated because you know more than you think you do. Your ideas are just as valuable as anyone else’s.

8. Is there anything else (advice, an interesting experience, tips, etc.) that you would like to share with our members?

For your members who are single, I would tell them to choose their life partner very wisely. Who you choose as a partner will have a huge impact on your ability to manage both career and home life. If you want to have children, there is a lot to be said for marrying someone whose job has more manageable, consistent hours. Also, make sure that person likes to cook.

Access to Justice Starts with Access to Legal Education │ Heather Donkers

Margie Mathews — Fri, 26 Apr 2019 17:28:49 GMT

I am the first person in my family to complete an undergraduate or a law degree.

I knew I wanted to go to law school and become a criminal lawyer after a personal experience in the criminal justice system. I was the victim of a sexual assault. The law suddenly became the vehicle through which I saw social problems. I wanted nothing more than to be a part of this small group of people who advocated for change.

But first, there was the cost of the LSAT books. Then, the one thousand dollars that it cost to apply to only four law schools. I was ultimately accepted early to Osgoode Hall Law School and cried on the phone to my parents in celebration. But before I could even hang up the phone, the reality of tuition sunk in. How could I possibly afford more than $26,000 per year for tuition? And what about books? And living expenses? Or even a suit for networking events? And the cost to write the licensing exams? Before I could get excited about what was the biggest accomplishment of my life so far, I counted myself out. There was no way I could accept my admission offer.

As it turns out, I am one of the few lucky ones. I was later accepted to Osgoode’s Income Contingent Loan Program, which meant that instead of paying my tuition upfront, I could pay it back after graduation, contingent on my income over ten years. I was one of only five students, in the entire province, who had access to this program (today, it supports seven students per year, but it is still the only program of its kind in the province). I will still graduate with upwards of $190,000 in educational debt and related expenses, owed to the school, the government, and to my bank.

Being the first in my family to go to law school has been a challenge, but I have truly given it my all, often working upwards of 18 hours per day between classes, several part-time jobs, research assistantships, mooting, and extensive extracurriculars. I knew that if I wanted any chance of being successful in a career where I had no connections, and if I wanted to be able to pay my debts back, I would have to work three times as hard. So that is what I have tried to do.

In my second year, I joined a student-run organization that was only a few years old at the time: The Law Students’ Society of Ontario, better known as the LSSO. At the end of that year, I was elected President, the role I still hold today. It is both a privilege and responsibility to be in this position.

. . .

Several years ago, the LSSO published a report on law students’ tuition, debt, and financial aid experiences. It had become slightly outdated, so I decided I would revamp it. Over the course of a few weeks last November, we collected 697 responses to our survey from all seven Ontario law schools, although some had higher response rates than others. I spent the next few months parsing through the data and creating what is now known as the Just or Bust report.

61.4% of survey respondents identified as women, 27.5% of respondents identified as a visible minority, 14.2% identified as LGBTQ, and 10.4% of participants identified as having a disability. The Canadian population has almost twice the proportion of Indigenous people as our sample, and students from rural Canada were also under-represented. Students whose parents’ highest level of education was less than a university degree are under-represented by 3 to 1.

We wanted to learn more about what motivated students to attend certain schools and how finances factored into those decisions, if at all. What we learned was that, for at least 40% of students at each school, tuition had an impact on their choice. Mature students, students from rural communities, Indigenous students, and first-generation university students were among the most likely groups to say that tuition impacted their choice of law school.

16.9% of those who said that tuition costs did not initially influence their choice of law school indicated that, when reflecting on their current finances, they would choose a different law school today. Students at Osgoode and the University of Toronto, where tuition is approximately $28,000 and $38,000 respectively, were most likely to indicate that they would choose a different law school given present finances.

Our results also told us that a student’s financial position may be determinative of whether they pursue a legal education to begin with. 52.9% of the students surveyed entered law school with no debt.

Of those who had debt prior to starting law school, most students owed between $10,000 and $40,000, which was owed primarily to government student loans. However, at higher pre-law debt levels, the balances of private sources of debt creeped upwards. This suggests to us that government student loan limits are insufficient, even for lower-cost academic programs.

And now for the most important numbers: total current debt load. When the survey was completed, winter tuition had not yet been paid at most law schools, so an average of $7,000-15,000 could be added to the numbers that I’m about to tell you.

For first year law students, the average debt load was $27,447. For 2L students, it was $57,409. And for students in their final year of law school, the average amount of debt was $83,746. These numbers are significantly higher than those found in the 2014 report. 5.5% of respondents expected to graduate with $140,000 or more in educational debt.

We tracked the data from various minority groups to see how their average debt levels varied compared to the general average per year of study. For the most part, the variance was little, with the exception of one group: first generation university students. For students whose parents did not complete post-secondary education, their average debt levels were more than $30,000 higher than their peers whose parents did have a post-secondary degree.

Finally, at law school graduation, over two-thirds of law students expected to have more than $50,000 in debt owing to financial institutions alone, compared to just over one-third in 2014. Almost two-thirds of the respondents expected to have over $20,000 in outstanding government loans, compared to only half of students in 2014. And 19.3% of students expected that it will take them more than 10 years to pay back their law school debts at current interest rates.

. . .

We also collected a number of student responses that outline the sheer impact that tuition and debt has had on their lives.

An overwhelming majority of students indicated that financing law school has been a significant source of stress for them during their degree.

A strong majority of students indicated that the cost of legal education impaired the representativeness of their classrooms. One student referenced the maximum allowable 5% tuition raise each year, saying: “If you want to make law entirely white and elitist, raising tuition by 5% every year is the way to go.”

Almost no students at any of the seven law schools agreed with the statement that their law school tuition is fairly priced. In fact, almost all students strongly disagreed with the statement.

. . .

I would bet that every Ontario lawyer, or at least most of them, want our legal profession to reflect the diversity of the communities that we serve. But that horizon is becoming increasingly elusive. While tuition is not the only determinant of whether students of diverse backgrounds fill law school seats, tuition of upwards of $30,000 per year is certainly among the barriers to ensuring that our profession is representative.

So too is tuition a barrier on access to justice. A large majority of survey respondents indicated that the cost of attending law school had impacted their career outcome objectives and caused them to deviate from their rationale for pursuing a law degree. Survey respondents spoke passionately about how they couldn’t possibly pursue a career in criminal law, family law, or with Legal Aid Ontario, because of their debt levels from law school. These are the areas of law in which we desperately need passionate law students who are willing to put in the hard work. And yet these students are being precluded from pursuing those careers simply because of the debt they carry. These students may also be less likely to offer pro bono services throughout their career or even a lower billable hour rate, due to the debts they have to pay off.

. . .

The reality of the situation is this: I wouldn’t be a law student had it not been for a funding program at Osgoode that allows me to pay my tuition back after I graduate. And I consider that a lucky break. So, for all of those students – all of those dedicated, creative, and diverse students – who don’t have $100,000 or more lying around… those students may never get an opportunity like the one I have now, because law school is financially out of reach for them. We lose important voices when we set tuition at unconscionable rates. Application costs, ancillary fees, and LSO licensing fees after graduation also contribute majorly to this problem.

I will leave you with a quote provided anonymously by one of our survey respondents, who said: “The LSO washes their hands of this as Not Their Problem, the university claims it’s Not Their Fault, and the Province refuses to return to adequate regulation of the cost of tuition. Student societies do not seem to hold much sway in the face of that level of indifference.”

But that is why I do this work. I am simply unwilling to accept the indifference. Even though my own debt situation won’t change, I will continue to advocate for tuition that rises only with the cost of inflation, better bursary and scholarship programs, and more transparency with respect to fees. I will continue showing up until something changes.

_______________________

Author: Heather Donkers

Heather Donkers is a 2019 J.D. graduate of Osgoode Hall Law School. During law school, she was the President of the Law Students’ Society of Ontario and Student Section Chair of the Ontario Bar Association. Heather will be articling with the Crown Law Office Criminal in 2019-2020, and is an aspiring criminal lawyer. You can follow her on Twitter at @HeatherDonkers.

Why Do The Robing Rooms Matter, Anyway? │ Breanna Needham

Margie Mathews — Sat, 13 Apr 2019 00:35:50 GMT

Representation matters. So, too, does space – space in our society, space in the community, space for our voices, and space in the profession. Alice In Wonderland had it right – sometimes “fit” is more than just a buzz word.

What is it that makes an issue deserving of space in our discourse? This is something that I asked myself, and later found myself being asked by others, with respect to the robing room initiative in February of 2019.

Too Small

In the legal profession, many who are comfortable with a sustained status quo may believe that we have made all the progress we really need to, and the rest is de minimus at best.

Alternatively, some issues are seen as mild irritants – something to debate for a time, but easy to drop when there are other, more pressing things to be done.

Too Big

The other side of this is that seemingly small issues are representative of systemic problems that are inherently difficult to address. Focusing on the system as a whole can make the task of effecting change seem overwhelming. The barriers that women in law and other equity-seeking groups face in both society and the legal profession frequently can and do fall into this category.

We often treat manifestations of a systemic problem as isolated issues. Individually, these issues can appear so small that they may seem worth overlooking. As a result, these issues have been permitted to exist for so long that they have become omnipresent, blending into the background of our daily lives where they are consistently ignored. These problems become our blind spots: everyday occurrences that we have been looking at for so long that we can no longer see the forest for the trees.

What Now?

What do these “little things” really mean? Are they truly so small that they should just be ignored? Is the task of effecting change so enormous that these “little things” will simply not even make a difference?

Part of the problem in answering these questions is that the “little things”, and their connection to larger systemic injustices, are misunderstood. The issues are nuanced, and often hard to describe to those who haven’t encountered them as part of their lived experience. Expressing the feeling of not belonging can come across as whining, the act of describing microaggressions can itself be perceived as aggressive, and discussing unconscious bias seems to be one of the easiest ways to make an audience comprised of a traditionally advantaged majority become defensive.

Just Right

With all of that in mind, when a clear, unequivocal example of inequality appears, it can often be the opportunity to start long overdue discussions and catalyze change.

When the size of the “Lady Barristers” robing room at Osgoode Hall and the disparity as compared to the men’s robing room came to the forefront of online discussions again this year, it was clearly time to address it.

While the robing rooms at Osgoode Hall are one example in one courthouse, they are representative examples of the systemic and pervasive inequalities that women in law face on a daily basis in the legal profession. The connection between the unequal physical space in the robing rooms and the unequal allocation of space in the profession is more than just a metaphor. It is indicative of the fact that, notwithstanding the ever-increasing representation of women in law, the issues we face are often still invisible to many members of the profession. In the context of the long oral history of the mentoring, collegiality, and productive, substantive discussions on cases that occurs in the men’s robing rooms, the disparity was not only in space, but also in access.

Why Bother?

One of my favourite quotes from the movie based on the young Justice Ruth Bader Ginsburg, On the Basis of Sex, is when her daughter, Jane, states emphatically: “It’s not a movement if everyone is sitting down – it’s a support group.”

As advocates, we must speak out and step up for ourselves and others when clear examples of inequality present themselves. Sometimes, it can be hard, and often, there is inherent personal and professional risk in doing so. While equality, diversity, and inclusion have become the latest hot issues in law firms and the profession, many engaged in the discourse are only comfortable with talk, and not action. However, only talking about a problem without taking any concrete steps to solve it imbues a false sense of progress, without actually advancing the issues.

So, what can you do about it?

Be a Catalyst for the Change You Want to See in the World

Get involved, be engaged, and support others who are doing the same. Find something you’re passionate about, and stick with it. Come up with a motto that works for you, and apply it. For example, mine is: “See something, say something” and “Don’t like something, do something about it.”

As recent calls, getting involved can often feel daunting, but advocating for change doesn’t necessarily have to be done with big initiatives or time consuming commitments. Consistently speaking up, supporting others, proposing solutions, engaging with people in positions of power, encouraging participation by allies who already have seats at the table, supporting those who are taking action, and showing solidarity all goes a long way to creating the change that’s needed when it comes to equality, diversity, and inclusion.

_______________________

Author: Breanna Needham

Breanna Needham is as an Associate in the Toronto office of Borden Ladner Gervais LLP (BLG) and a member of the firm’s Commercial Litigation practice group, where she maintains a diverse civil litigation practice with a focus on complex commercial litigation and class proceedings. Prior to joining BLG, Breanna practiced in the Toronto litigation department of a leading national firm, where she acted in a wide variety of matters, including defence side class actions, corporate and commercial litigation, product liability claims, and professional liability matters, as well as advised on legal obligations in the political sector, including in the areas of ethical compliance and conflict of interests. Breanna then practiced at a leading commercial litigation boutique in Toronto, where she represented clients in a broad range of complex commercial litigation, as well as in both plaintiff and defence side class actions. Prior to attending law school, Breanna worked as an agronomist and territory sales manager in the agricultural chemical industry.

Breanna is committed to advancing equality, diversity, and inclusion initiatives, with a focus on women in law. She recently successfully advocated for the Law Society of Ontario to address the disparity between the robing rooms at Osgoode Hall.

Bencher Candidate Series │ Caryma Sa’d

Margie Mathews — Wed, 10 Apr 2019 00:36:54 GMT

Three years ago, I wasn’t sure I even wanted to be a lawyer.

If someone told me I would be running in the hotly contested Bencher Election 2019, my response would have been, “What’s a Bencher? What do Benchers do?”

A lot has changed since then. I learned a bunch, messed up a bunch, and ultimately have come to believe that law is a vocation, and this is my calling. Beyond serving individual clients, I want to have an impact on decision-making at the Law Society of Ontario. I cannot do it without your support.

I am an independent voice with lived experience as a young brown Muslim woman. I work on the front line of providing access to justice for regular people. I understand the importance of managing mental health, the difficulties of hanging out a shingle, and the frustration of inefficient systems. I am deeply concerned about barriers to entry and practice in the profession.

I do not pretend to have answers to all (or any) of the problems facing our profession, but my perspective will add value at Convocation. I am running for Bencher because I want to serve my community. In the words of Audre Lorde, “When I dare to be powerful, to use my strength in the service of my vision, then it becomes less and less important whether I am afraid.”

To better understand my platform, look up any of the following hashtags on Twitter, LinkedIn, Instagram, or Facebook:

#WhatsABencher

The Law Society is governed by a board of directors, who are known as Benchers. Their mandate is to govern lawyers and paralegals in the public interest by ensuring licensees meet high standards of learning, competence and professional conduct.

There are 40 elected Benchers. To ensure regional representation, 20 are elected from inside Toronto and 20 are elected from outside Toronto.

#WhatDoBenchersDo

Benchers gather at Convocation to make policy decisions and to deal with other matters related to the governance of Ontario’s lawyers and paralegals. Benchers also sit on panels as adjudicators to hear discipline cases concerning conduct, licensing, competence and capacity.

The Law Society has a duty to protect the public interest, to maintain and advance the cause of justice and the rule of law, to facilitate access to justice for the people of Ontario, and to act in a timely, open and efficient manner.

#RecentCallsVote

Total voter turnout for elections at the Law Society has steadily declined, falling to 34% in 2015. In Bencher Election 2015, the total eligible recent call voters (under 10 years) was approximately 15,000. Only approximately 4000 of them voted.

This year, fellow candidate Sean Robichaud and I want to see more engagement from this underrepresented demographic. We have a growing list of candidates committed to two things: 1) A donation for every participating voter by a lawyer who was called to the bar in the past 10 years, 2) If elected, a commitment to advancing a recent call category of bencher.

This post is part of YWL's Bencher Candidate Series. In this series, young women bencher candidates under ten years of call explain why they think that Convocation needs young women.

_______________________

Author: Caryma Sa’d

Caryma Sa’d practices law in the Greater Toronto Area and beyond. She is focused and results-oriented, with sharp analytical problem-solving skills. Her practice is devoted to defending civil liberties, including “crimes of vice” such as sex and drug offenses. She works efficiently to keep your costs down.

Bencher Candidate Series │ Deepa Tailor

Margie Mathews — Wed, 03 Apr 2019 00:38:37 GMT

Convocation Needs Young Women.

I was sitting in my office late one night in February when I read the Law Times article “Young Lawyers Face Challenges in Bencher Election”. The article highlighted for me that there is a generation of lawyers whose concerns are not being heard and addressed – a generation that I am a part of. Coupled with the knowledge of the various challenges women in this profession face, I recognized that there was a lack of representation within the leadership of the Law Society for lawyers like myself. I had read the article a few days before nominations closed and came to the conclusion that I should run in this bencher election.

Retention of women in the legal profession has been an ongoing issue for years. Despite women entering into private practice in record numbers for over the past two decades we have also been leaving in droves. The overrepresentation of women leaving private practice is not surprising to me. Private practice has not adapted to the realities women face, such as childbirth and taking on a significant portion of family responsibilities. Organizational and practice cultures that remain resistant to flexible schedules, time gaps between jobs, and parental leaves also play a significant role. Women who own their firms are faced with the additional hurdle of who will carry on and support their law practice while taking parental leave.

These issues that all women in this profession face are particularly pertinent for early-career female lawyers. Historically, the legal profession has seen women drop out of the profession within their first five years past call. Statistically, as a lawyer in her fifth year of practice I should be dropping out of the profession right about now. I don’t plan to any time soon but I understand why some of my female colleagues would make that choice. The lack of retention of young female lawyers is problematic for access to justice and the public generally. Women dropping out of the legal profession after five to ten years of practice means that few female lawyers will ever reach the stage of becoming judges. We must recognize that today’s young lawyers will become tomorrow’s leaders within this profession. This is why representation of young female lawyers within our regulatory body matters.

As part of my platform, I support expansion of the LSO’s Parental Leave Assistance Program (PLAP), which provides financial benefits to practising lawyers in firms of five lawyers or fewer who do not have access to other maternity, parental, or adoption financial benefits under public or private plans and who meet the eligibility criteria. PLAP was one of the nine recommendations developed by the Law Society’s Retention of Women Working Group. It was designed to empower women to take charge of their careers and assist in maintaining the viability of small firms and sole practices. While it was not developed to be an income replacement program, the funding helps with defraying some of the overhead costs associated with maintaining a practice during a leave. While it is a good start, the program could implement initiatives that have been adopted by other provincial law societies. For example, the Barreau du Québec’s “Bébé Bonus” program allows a new parent who has taken a minimum 6-week leave to reclaim one-half of their annual dues paid to the Barreau.

I firmly believe that the regulation of the legal profession should reflect the demographics of the legal profession and the lawyers within it. I have chosen to run because I want to bring my perspective and lived experience as a young female lawyer to how our profession is regulated and the Law Society’s elected leadership. I feel that I would be able to represent a demographic of our profession that is currently underrepresented. Despite the vast number of women entering this profession, retention of women within this profession remains an issue – a reality that I hope will change within the span of my career. The decisions made by the Law Society now will have a pivotal role in whether this will change for generations to come. I have submitted my candidacy in the hopes of championing initiatives that will support young lawyers and women to help facilitate the change I wish to see in this profession.

This post is part of YWL's Bencher Candidate Series. In this series, young women bencher candidates under ten years of call explain why they think that Convocation needs young women.

_______________________

Author: Deepa Tailor

Deepa Tailor is the founder of Tailor Law Professional Corporation, based in Mississauga, Ontario. She is a candidate in the 2019 Bencher Election for the Central West region. To learn more about her platform visit www.tailorlaw.com.

Bencher Candidate Series │ Atrisha Lewis

Margie Mathews — Wed, 03 Apr 2019 00:37:54 GMT

There were many defining moments this past year that led me to run for bencher of the Law Society of Ontario.*

In early 2018, I wrote an article about my experience as a racialized woman in law. I was nervous to be so candid about my experience. I was afraid to reveal that I often felt alone, that microaggressions and lack of representation within the profession deeply impacted me, and sometimes I felt like my race was an insurmountable barrier to my success in the profession. I was nervous about the reception the article would receive in light of the small, but seemingly powerful group of lawyers who advocate against the statement of principles and who deny the existence of systemic discrimination. Although I was nervous, I am glad I put myself out there. The feedback was overwhelming and positive. People from across the country reached out to me to say my experience resonated with them. The positive reception sparked my confidence that my voice was an important one for the profession.

This experience was foundational to me being able to put my name forward. The specific desire to run for bencher came later though.

Convocation has made and continues to make decisions that impact junior members of our profession and those who are not even part of our profession yet. Yet, the perspective of recent calls is not reflected at convocation. There are no benchers in their first 10 years of practice. 75% of Toronto benchers were called in the 1980s. I knew there was a problem. In particular, I was troubled by the licensing debate (i.e. the debate about whether we should eliminate articling, the LPP program or revise the programs) after observing the demographics of current benchers.

In the fall of 2018, I became frustrated after observing Convocation’s debate on governance reform. A working group presented a robust set of recommendations on governance reform. One recommendation was that term limits should be reduced from 12 years to 8 years and that the notion of ‘life benchers’ ought to be eliminated. I was troubled when at Convocation, in hopes of persuading benchers not to ratify those specific recommendations, a life bencher compared himself to elders in First Nations communities as justification for the continued role of life benchers. I was also troubled when a bencher stated that longer term limits were needed because ‘women and minorities need more time to gain traction at Convocation in order to obtain senior positions at Convocation.

Frustrated with the discourse at Convocation, I wanted to run for bencher. I wanted to run because I thought I would bring a different kind of voice to Convocation. But I needed some pushing. I was encouraged by a lot of amazing women in law to run. Lots of research shows that women need to be asked or convinced to run before they make that leap themselves. It turns out I am not immune from that phenomenon. Putting yourself out there in such a way is nerve-wracking and difficult. I needed encouragement even though I knew in my heart I wanted to run.

Sadly, only 28% of bencher candidates are women. This is a huge problem because it suggests Convocation will not have gender parity this upcoming term.

As YWL members, I encourage you to vote. Vote for women. Vote for recent calls. Most importantly vote. It is time our perspectives are heard.

*The Law Society of Ontario is the governing body for lawyers and paralegals. The Law Society of Ontario regulates lawyers and paralegals to ensure competency of the profession within the public interest. A bencher is essentially a member of the board of director. Together, benchers are referred to as ‘Convocation.’

This post is part of YWL's Bencher Candidate Series. In this series, young women bencher candidates under ten years of call explain why they think that Convocation needs young women.

_______________________

Author: Atrisha Lewis

Atrisha Lewis is a litigation associate at McCarthy Tétrault LLP, a trial advocate, and a champion for diversity and inclusion. In the last year, she won the Precedent Setter Award for being a precedent setting lawyer, the University of Toronto Arbour Award for outstanding volunteerism, and the inaugural Inclusion Now Award at McCarthy Tétrault, in recognition of her contribution to diversity and inclusion, at the firm. Learn more about her at atrishalewis.com or @atrishalewis.

A Practical Guide to Goal-Setting │ Anastasia-Maria Hountalas

Margie Mathews — Sun, 10 Feb 2019 01:39:58 GMT

Let’s face it. Career planning and goal-setting can be daunting. For many people, the unknown potential of the future (both good and bad) is a source of stress. However, taking the time to set goals and reflect on your objectives is a great way to focus your personal and professional aspirations; it helps you consider your priorities, identify upcoming challenges, and achieve specific targets.

Goal-setting also has important retrospective benefits. When you take time to identify your goals, you are more likely to recognize your own achievements. In the hustle and bustle of everyday life, it’s all too easy to breeze past a major accomplishment without taking time to reflect on a job well done. It’s important for successful, goal-oriented women (and men) to recognize their successes before getting swept up in the next challenge.

While the initial task may seem daunting, goal-setting is actually a great way to refocus in times of stress or anxiety. It’s important (and strangely nerve-racking) to think about what you want out of life. But once you do, you will be better-equipped to handle overwhelming professional and personal decisions. Do you have a new job opportunity? Are you facing a move? Struggling with a friendship? Revisit your goals to remind yourself of what is important to you and gain perspective on what you are looking for going forward.

So where do I start?

Don’t put too much pressure on the goal-setting process itself. Keep it relaxed.Grab a drink or a coffee or a little treat. Find a relaxing spot in a park or curl up in a cozy chair and jot down some things that you want to accomplish.

One tip before you start: try not to “we”. While it may feel awkward or even selfish to make a list of “I wants”, the focus of your goal-setting should be on what you want to do with your life. Do you want to work at a Fortune 500 company? Do you want to make a move to a new firm? Do you want to start a family? Write it down. Avoiding the term “we” does not mean that you can’t work towards those goals with a partner or friend, but if it’s important to you then write it down.

If you find working from a template easier, try this Goals and Planning Worksheet (PDF). I like to divide goal-setting into four categories: short-term goals, long-term goals, upcoming expenses, and priorities. You may choose not to distinguish between professional and personal goals. I prefer to keep everything in one place. Sometimes your professional goals will take priority, sometimes not. Sometimes your short-term goals will be mainly personal, other times they will be mainly professional. That’s just the ebb and flow of life. Don’t worry too much about it.

Short-Term Goals

Short-term goals are a good place to start because they are easier to identify than their long-term counterparts. You’re probably already working on them. They might include things like completing a degree or accreditation, getting a job in your field of interest, securing a promotion, taking a summer trip, or finding a new apartment.

Long-Term Goals

The best way to approach long-term goals is to think of things that you would like to accomplish without pigeonholing yourself by defining your goals too narrowly. For instance, if you love to travel, a good long-term goal might be “travel once per year”. This allows you to take a staycation in a nearby city one year and travel internationally the next. It gives you something to work towards, but allows room for changing interests, finances and relationships.

Think carefully about your professional long-term goals. Do you really want to make [insert salary figure here] or do you want to make enough money to be able to live a certain lifestyle (i.e. dining out, concerts, travel, clothes, etc.)? Both are great goals, but they’re different goals. Other long-term professional goals may include working in a certain field, working in a meaningful position, finding a mentor or sponsor, achieving a particular career distinction, or working abroad. Get creative and give yourself room to grow!

Upcoming Expenses

When I initially started goal-setting, I didn’t include this category. But managing your finances is an important part of planning for the future. Whether or not we like it, many goals require you to save a certain amount of money before you can take the next step. Therefore, it can be useful to account for any major upcoming expenses, so that you can financially plan accordingly.

Some of the things under this category will be related to your long-term or short-term goals. For instance, if you want to buy a house or make a career move that requires you to take a salary cut, you will need to adjust your finances. There may also be things that aren’t related to your goals, but require some thought nonetheless. For instance, you may be in a friend’s wedding or facing a rent increase. Keep these things in mind as you build your plans.

Priorities

As part of your goal-setting process, it is often helpful to make a list of things that are important to you. While this may seem abstract at the time, it will prove helpful when you feel overwhelmed with a big personal or professional decision. Your priorities list may be something as simple as “Be happy”. If this is the case and you find yourself stuck in a relationship that makes you feel insecure or at a job that is making you miserable, then you know that it’s time for a change.

Other priorities may include family, academic achievement, friends, career success, travel, creativity, or giving back to your community. Whatever your priorities may be, write them down and look back to them for guidance when you are faced with tough decisions. And remember, like your goals, your priorities may change. That’s okay. Use career and goal-planning as a pencil sketch of what you want, and then go out and live life.

You’ll do great.

_______________________

Author: Anastasia-Maria Hountalas

10 Tips for Clear and Effective Writing │ Kaleigh Zimmerman

Margie Mathews — Mon, 05 Nov 2018 01:42:30 GMT

With the flurry of daily communications, how do you make sure that your messages to a client or senior lawyer are read and understood?

Here are 10 tips to make your emails, letters, factums and memos stand out:

1. Consider the best way to draft your correspondence

Emails, memos, reporting letters and other legal correspondence have a time to be used.

Make sure you are using the correspondence type appropriate to properly convey the information.

2. Your subject or title should concisely describe the theme of your work

A title like “Question” or “Update” may easily be lost and is less likely to be opened or reviewed.

3. Put your decision/findings/question at the very beginning

If you start with your findings, the reader (if interested) can continue with the explanation detailed.

Consider and review the tenets of point-first legal writing.

4. Don’t use legal jargon if you don’t have to

If you can make your point using layman’s terms, do it!

5. That doesn’t mean be colloquial – remain professional

Do not use slang or short forms unless they are well known to the client or firm member.

Use “please” and “thank you” where appropriate.

6. Short sentences are easier to read

Sentences under 15 words are easier to understand.

7. If you have the time, set your draft aside for a while

Giving yourself time away from your work can help you to edit it and to work on the tone of the message before sending.

8. Think about layout

If you are drafting a long letter, add white space (this is easier on the eyes), headings and sub-headings, bolding, tables, lists or bullets.

Remember – when using a list, #1 will usually be perceived as the most important item.

9. Do a spelling and grammar check (but don’t exclusively rely on one) and a final review

People are more likely to discount your work if it has typos.

Ask a colleague if he/she can comment on your work to ensure you are being clear.

10. If you need further instructions to proceed, ask for a response to your email

The reader may not realize they need to provide you with a response unless you ask.

Urgent? Say so in the subject line or at the beginning of your correspondence.

Hopefully you will find these brief tips useful. There are many websites, books, courses, workshops and articles on this topic. For further review, consider Neil Guthrie’s “Guthrie’s Guide to Better Legal Writing”.

_______________________

Author: Kaleigh Zimmerman

What’s In a Name? │ Delee Fromm

Margie Mathews — Tue, 07 Aug 2018 00:41:24 GMT

In 2014, Corinne Moss-Racusin, a researcher at Stanford, conducted an experiment where two identical resumes were submitted for review with the only difference being the first name: John or Jennifer. The result was that Jennifer was perceived, for the most part, as under qualified and not worthy of mentoring. If she was offered a salary package, it was $4,000 less than John.

In a very recent study, scientists asked 500 university students to rate approximately 400 male and female names. Interestingly, the results show that people use a first name to judge everything from personality to performance at work. Not surprisingly, female names are viewed as warmer and less competent than male names. To check your name out click here or go the article in the Daily Mail entitled “What does your first name say about YOU?”

This research reinforces the idea that warmth and competence tend to be the first characteristics we judge strangers on. It is a primitive throwback to when we need to know whether strangers are “friend or foe”; to know whether a person has the ability to help or hurt us. These quick judgements are based on fast processing and mental short cuts that are automatic and typically based on information we learned in childhood. As a result, the majority of this information is now unconscious and implicit, allowing us to form schemas and stereotypes without realizing it.

One consequence of using fast processing to make quick judgements is that gender stereotypes can become easily activated, resulting in participants generally assuming that women’s names are associated with kinder but less capable people.

This gender stereotype (men being competent and women being warm) is reflected in almost all of the gender blind spots I discuss in my book Understanding Gender at Work. The blind spot that stands out most, in relation to these research findings, is the misreading of feminine gender habits as an indication of a lack of confidence. I hear many stories from young lawyers about these misinterpretations. One involved a young lawyer being told that her wide-eye wonder was showing her lack of confidence. There could be lots of reasons for this expression but the one that was chosen was rooted in gender stereotypes. This reinforces that impressions are important and impression management is key for advancement.

Certain gender approaches can reinforce impressions of reduced competence and confidence. In childhood, most girls are taught to fit in and not stand out; consequently, women tend to understate and minimize their credentials and experience when they reach adulthood. Men, in contrast, have been encouraged to stand out all through their development period, and thus tend to overplay their strengths and experience. Research consistently shows a 30% difference in confidence levels between men and women. Thus, when men and women are evaluated using a masculine yardstick, women are disadvantaged.

If this tendency is not known by the interviewers, they will take the statements of the job candidate literally. Young women tell me that they are now correcting the impressions made after interviews by telling the interviewers about this tendency based on their knowledge about gender habits and blind spots. McKinsey goes so far as to have a gender bias busterin the room during evaluations of job candidates. Their job? To shine a light on any false assumptions that may occur based on gender blind spots.

Each time I hear about a knowledgeable young woman shining a light on and correcting impressions made by misreading gender habits, I am delighted. When I hear about women and men standing firm to help their colleagues in meetings when ideas are stolen or frequent interruptions occur, I am thrilled. Naming and correcting are happening more and more as awareness about gender habits grows, and this knowledge is being used for positive change.

You too can help change happen. Learn the tools and techniques for standing up for yourself, standing firm for your colleagues and helping others understand about gender at work. I am so proud of and encouraged by the young women who are doing so.

_______________________

Author: Delee Fromm

Lawyer, psychologist, and author Delee Fromm has taught and coached for over 25 years. As a former partner at a large law firm, she practised commercial real estate for 17 years. Prior to her career in law, she was a neuropsychologist. As a consultant since 2003, she provides services to a variety of international law firms, corporations, banks, and governments. A large component of her business involves women’s advancement programming. She is a coach with the LSUC’s career coaching program and on the advisory board of Young Women in Law. She is an activator with SheEO. She lectures at several Ontario universities and has contributed content for Lexis Practice Advisor Canada. She is the author of two books including Advance Your Legal Career: Essential Skills for Success published by LexisNexis Canada and Understanding Gender at Work: How to Use, Lose and Expose Blind Spots for Career Success. Learn more here

Avoiding Burnout at Work │ Hayley Silvertown

Margie Mathews — Fri, 22 Jun 2018 19:06:12 GMT

The sun is shining; you’re worn-out and tired. All you want to do is join your friends for a drink (or two) on a patio. You might even be asking yourself, ‘How am I going to survive the summer when I feel like this?’ After a very (and I mean, V-E-R-Y) long winter, you’re ready for a break – from your boss, the work, and the office.

Well – rest assured, that “burnt-out” feeling you have right now… it’s normal. First step is recognizing how you feel; second step: do something about it.

Let’s discuss what a “burnout” really means; it is essentially a “disease of disengagement”. It has crept up slowly and hit you like a brick wall. You feel disconnected from the work, and have lost that spark you once had when your boss would drop a new file on your desk. Realistically, there is no “one-size-fits-all” definition for what it means to be “burnt-out”, as we have incorporated this term into our daily lingo, but below are some signs that may look familiar:

FATIGUE – you are exhausted (mentally and physically) all the time, no matter how many hours of sleep you had the night before.
INEFFICIENCY – you spend hours at work, but get very little done.
DETACHED – you don’t feel connected to the work or your clients.

Feeling (at least) 1 out of 4 of those things on the list above? So, ‘now what?’. While there might be a different solution for each of us, here are some ways to avoid and overcome that sense of disengagement you might be feeling:

1. Manage Expectations.

Taking on more than you can handle will only hurt you (and your work) long-term; it is OK to tell your boss that you are swamped.

2. De-Stress Outside of Work.

Think: Yoga; Meditation; Weightlifting; Boxing. Find something that works for you and do it often.

3. Accept that “Perfect” is NOT the Goal.

Determine what must be done perfectly, and what can be “good enough”. Perfection is a very difficult (and unmeasurable) standard to attain.

4. Stop Competing.

Trying to “be better” than your colleagues will only wear you out; find ways to show your value instead.

5. Create Short-Term Goals.

Writing down your goals will help you stay motivated as you meet them; and don’t forget to reward yourself once you do.

6. Remain flexible.

If one coping method doesn’t work, use another. And lastly,

7. Acknowledge your Feelings.

Don’t be afraid to take time off; RELAX AND RECHARGE.

What most people don’t recognize, is that overcoming the burnout and doing things that are good for your mental health will improve productivity in the long-run. You will be able to focus and prioritize – greater efficiency in less time.

Hope this helps! And just remember, YOU ARE NOT ALONE! It always helps to speak to a friend, family member or mentor about any struggles or frustration you might be feeling.

_______________________

Author: Hayley Silvertown

Mastering the Art of Networking │ Hayley Silvertown

Margie Mathews — Sun, 10 Jun 2018 19:05:20 GMT

N – E – T – W – O – R – K – I – N – G; ten letters that make up a powerful word, regardless of the industry and a term that I have come to understand the significance of (almost too) well recently.

Whether you are a law student looking for an articling job; a newly-called lawyer looking for an associate position; or an associate trying to transition from one firm to another or to an in-house role, mastering the art of networking may be the key to successfully landing your dream job – or just any job, for that matter. So – where do you start?

Let’s back up a little bit; Albeit being recently called to the Bar, I can confidently say that I have been “networking” since the day that I started law school; by this, I mean I have drunk endless cups of coffee, had the same conversations hundreds of times, and, more times than not, left whoever I was meeting with that day feeling like I was no further with my job-hunt than when I had initially started. As depressing as that might seem, there is an upside to essentially answering the same questions over and over again – practice makes perfect. Cliché, right? Well, just like for OCIs during law school – or any interview, for that matter – the more you practice, the better prepared you are. And the end result? A more relaxed and confident you.

In the legal profession, similar to many others, good grades and an all-star resume will only get you so far nowadays. You know the age-old saying that you have probably heard countless times, “It’s not what you know, it’s who you know”? Well, sadly, this is the reality. So, instead of fighting the inevitable, it’s time to get on-board the networking train. The good news is that, like with any skill, there are always ways to improve, and I have listed some key tips below that have proven successful based on my experiences so far; I can definitively tell you that mastering this skill will prove invaluable for the rest of your career (and yes, even if you switch professions!).

1. Be Prepared: Come to every meeting with goal(s) and/or objective(s).

This was the best advice recently given to me. I typically approach every meeting with threegoals: (1) Learn their career trajectory. Not every successful lawyer had a linear path to their current stature. It’s important to understand how people got to where they did and the obstacles they have overcome, which will give you creative ways to help you achieve your career goals; (2) Build a relationship. This one is important because, while there might not be an opportunity at their firm/company at that moment, you never know when an opportunity will arise and having established a good relationship, you will (a) feel comfortable to call/e-mail them if you see a posting on-line; and (b) be top of mind for them if they hear of any upcoming opportunities; and lastly, (3) Ask for another introduction. Personally, I believe #3 is the most important, as it allows you to continually expand your network and have access to people you might not have had otherwise.

2. Be Assertive. Don’t be Afraid to Ask for What You Want.

Yes, no one will fault you for asking for a job – but the key will be how you do it. Typically, I wait until I have established a good rapport with the person I am meeting with, so I can comfortably ask them whether there is an (or will be) an opportunity with their firm/company. I also like to throw in a, “do you think there might be someone else worthwhile meeting with at your firm/company?”, which I feel is often well-received (and another good way to keep expanding your network!).

3. Be Mindful. Be Early and Keep Things Short and Sweet.

Again, another critical mantra. You will find that people are more than happy to meet with you, but you must be mindful of their time; this includes being early – I aim for at least 10 minutes prior to the set time – and keeping the meeting short and sweet – typically, half an hour to an hour (at most) is the standard length of time that most people are happy to give.

4. Follow-up. Send a “Thank-You”.

Always, ALWAYS send a “Thank-You” e-mail. Now, I’m not suggesting that you run home and do this, but typically that e-mail should be sent within 24 hours of meeting. I can guarantee you that person will never forget.

5. Stay Connected. Stay in Touch to Stay “Top of Mind”.

Don’t be afraid to check-in every few months so that you stay on their radar and are top-of-mind, should they hear of an opportunity. I typically diarize a month or two from the meeting date to follow-up, and have often found – and I believe that you will, as well – most lawyers that I have met with suggest that I stay in touch.

So – give these tips and tricks a try, and remember: Networking doesn’t stop once you land that “dream job”. As a young lawyer, you will network to build relationships inside and outside the office, secure new clients, find trusted mentors, and make career transitions. And lastly, don’t be afraid to reach out to someone you might not know first-hand – you never know when an opportunity will present itself!

GOOD LUCK!!

_______________________

Author: Hayley Silvertown