Law Times

Law Times • June 6, 2011 LSUC considers counselling for returnees W BY MICHAEL McKIERNAN Law Times omen lawyers need to understand the con- sequences of leaving the practice of law before they make the leap, according to a Law Society of Upper Canada working group. Bencher Beth Symes, who chaired the Return to Practice working group, told Convoca- tion on May 26 that the law society should provide career counselling to women before they go on maternity leave. Th e group found that many lawyers started long-term absences with a maternity leave with the inten- tion of returning to practice. "Th ey then extended that leave and then found that they had extended it with very little thought to how they might actu- ally leave the practice of law and almost no thought as to how they might come back," Symes said. "Th e barriers to return are so huge and the numbers of women who are successful in overcoming those barriers are quite small, so we think it's really cost-eff ective to persuade wom- en who are thinking of leaving to explore other alternatives." Th e project would be based on a similar eff ort in Manitoba, which provided two hours of ca- reer coaching to women planning a maternity leave; two additional hours later on as they geared up to return; and a further two hours once they've come back and are struggling to adjust. "Some of the large law fi rms off er this kind of career coun- selling, and I gather it is ex- tremely eff ective," Symes said. "Th is would be a pilot project for the smallest, most vulner- able in terms of women prac- tising as sole practitioners or in fi rms of fi ve or less." Th e recommendation was one of three suggestions from the working group's report, which also asked for more online re- sources for women wishing to re- turn as well as fi nancial assistance to attend external programs. Th e group was an off shoot of the law society's Retention of Women in Private Practice proj- ect. Treasurer Laurie Pawlitza said the issue of women attempting to return to practice was a sig- nifi cant gap in the 2009 report from the original project. "It was an important piece of the puzzle," Pawlitza told Convocation. Th e working group conducted focus groups and interviews with lawyers from across the province who had been out of the practice of law for more than fi ve years to identify some of the common is- sues they faced. Th e decision to return was often the result of a major change in personal circum- stances, such as a marriage break- down or the death of a spouse. According to Symes, a num- ber of myths have grown up around the return to practice. Some women believed they'd have to rewrite the bar exam, Women who come back feel like the 'emperor with no clothes,' says Beth Symes. while others feared they'd have to complete articles again or pay law society fees to cover the years they were absent. In fact, lawyers returning to practice after a gap of more than four years will face a practice re- view if they work in a fi rm with less than fi ve lawyers. Th e law so- ciety has already acted on a rec- ommendation to create online resources by adding a web site at rc.lsuc.on.ca/jsp/worc/returnTo- Practice.jsp and a fact sheet for returning lawyers (see rc.lsuc. on.ca/pdf/membershipServices/re- turnToPracticeFactSheet.pdf). While men returning to prac- tice face similar problems, the working group found many more women fi nd themselves in that position. According to the report, more than half of the men who left practice were back within two years, compared with just 38 per cent of women. In an attempt to make a direct comparison between the experi- ences of men and women, the working group interviewed male and female politicians who at- tempted to return to practice after election defeats. While law fi rms were suspicious of their commit- ments to the profession, Symes said they typically gave men a two-year window to prove they could rebuild their practice. "Th e women were not given that same opportunity because they were not seen as rainmak- ers," Symes said. For many women, the work- ing group found the biggest ob- stacle was a loss of self-confi dence. Over the years, connections with old fi rms had broken down and professional networks had dis- solved. "We were astonished to meet with women who we had all identifi ed as powerhouse liti- gators who explained to us that they felt like the emperor with no clothes and that they would never be able to return," Symes said. Th e report also recommends that the LSUC partner with ex- isting programs designed to help women relaunch their careers, such as the ReConnect program at the Richard Ivey School of Business and Women in Transi- tion at the University of Toronto. A decision on the report is on hold until after September, when the law society's new priority planning committee meets. NEWS GET MAXIMUM VALUE OUT OF YOUR AGREEMENTS NEW EDITION BUSINESS ACQUISITION AGREEMENTS: AN ANNOTATED GUIDE, SECOND EDITION DONALD L. WEST Effectively prepare and negotiate complex business acquisition agreements with this new edition. Business Acquisition Agreements: An Annotated Guide, Second Edition provides you with an annotated share purchase agreement and an annotated asset purchase agreement for the purchase and sale of a business. Each clause is followed by commentary explaining its purpose and proper function. The accompanying CD-ROM provides easy access to documents which can be adapted as necessary. 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• Cover
• Return To Practice
• SCC Expose?
• Focus On Internet/E-Commerce Law