Law Times

Law TiMes • March 19, 2012 NEWS PAGE 5 Continued from page 1 that while the results of the re- port may be disappointing, it serves as an important barom- eter in assessing women's up- ward mobility within the legal profession. "Overall, I'm not surprised by the results," says Hanigsberg. "The profession has been wring- ing their hands about what to do for many years. But it is im- portant that the awareness is out there, that it shows a problem does exist." The report, which analyzed top leadership positions among 19 Toronto law firms and court- houses, found while there were significant financial incen- tives realized by those that had women in senior roles, they oſten found it difficult to retain female lawyers. While research has shown that women have of- ten moved to equity partnership in the past, the popular thought was they leſt law firms to pursue a better work-life balance. But the report suggests another rea- son may exist. "Other research has found that women lawyers see a num- ber of barriers to career advance- ment, including few mentoring opportunities and role models, as well as exclusion from informal networks," the report, which also referenced the challenge of sys- temic discrimination, noted. But Hanigsberg says that as the number of women in law schools now exceeds that of men, it's unlikely so many women are leaving the profes- sion solely in an attempt to bal- ance work and life priorities. "Everyone faces the challenge of balancing life and work. That's not a significant explanation. I don't believe there aren't any qualified women out there who can fill these positions in any area of the profession." By excluding women from leadership roles, Hanigsberg adds, law firms oſten miss out on significant business opportu- nities. "I don't really know if the bar will change with one report, but if law firms are in the busi- ness of making money — and they certainly are — they would be wise to realize they need to Clients shocked at cost Continued from page 1 Benmor notes the severity of a divorce or separation could also leave many clients feeling that the court system is broken. "Right away, we have the fact that it's not something a person plans for and that, coupled with the fact that divorce goes right to the core of your life, can result in a spouse who is enor- mously afraid and insecure," says Benmor. "So their statements aren't necessarily unfair. They might just be compounded by their personal ex- periences in family law." Benmor adds that clients' assessments of the cost of a family lawyer are also subjective and of- ten based on their income. "For some clients, charging even a little will Steven Benmor seem like a lot. What one person could see as overcharging, another could see as undercharging. So whether it's cheap or inexpensive, it could still be a lot of money to some people, which may lead some people to say they can't afford lawyers and therefore the system is broken. It's based on perspective." But Canadians for Family Law Reform isn't alone in expressing concerns with the family law system. Although its tone and approach are certainly very different, an interim report by the Law Commission of Ontario re- leased last month noted many people feel the family law system is "convo- luted" and "fragmented." "The problems in the delivery of family justice services call for innovation and responsiveness to Ontario's changing demographics," Patricia Hughes, executive director of the law commission, wrote in the report. "Individuals in a situation of family breakdown need a wide variety of family services, ideally through a single entry point. In the short term, though, we expect that early information, legal advice, and support can help more people in finding solutions before they reach the court, preventing stress, frustrations, and significant expenses." The report called additional reforms in family law, including creating a web site with information for families; innovation in the delivery of legal services; and comprehensive family law centres that are closer to the com- munities that need them. In Sarnia, as in many cities in the province, family law matters take place in both the Ontario Court and the Superior Court. McFadyen says the On- tario Court in Sarnia oſten hears family matters quickly but notes cases may take longer in the Superior Court due to long trial lists and regulations. "There are a lot of divorces and family law matters going through the courts right now. That may just be the way the times are. Lawyers and judges are doing their best to work with the available resources to get things done in an appropriate manner." But McFadyen says while cases may take time to move through the fami- ly court, Canadians for Family Law Reform's approach to the problem hasn't been helpful. "The primary purpose of the group seemed to be to come aſter me. These guys are just vindictive and most people in the community seem to be aware of where all of this is coming from." Canadians for Family Law Reform didn't respond to a request for com- LT ment on the issue. www.lawtimesnews.com ORDER #982886-65199 $98 Softcover 490 pages September 2010 978-0-7798-2886-9 Annual volumes available on standing order subscription Shipping and handling are extra. Price subject to change without notice and subject to applicable taxes. RELIABLE TAX EXPERTISE FOR NON-TAX LAWYERS NEW EDITION THE LAWYER'S GUIDE TO INCOME TAX AND GST/HST 2011 DAVID M. SHERMAN, B.A., LL.B, LL.M. Author David M. 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In order to increase the num- ber of women in senior positions, Hanigsberg suggests Toronto law firms create leadership teams that genuinely value diversity and en- courage young women with posi- tive role models. "We need senior leadership committed to diversity in the private bar. That is the only way change can happen," she says. Other suggestions in the re- port include creating female- friendly policies that encourage the retention of women in senior leadership positions; strong and transparent human resources practices across all sectors; and ensuring women in positions of power have the opportunity to mentor young women in their chosen profession. "Law firms in general have not necessarily been well-known for highly developed human re- source departments," says Cukier. "But if you have consulting firms that can grapple with these is- sues and do it well, it seems odd that the legal profession couldn't adopt some of those practices. In that case, they want to make the workplace welcoming and sup- portive so it works." Brande Stellings, vice presi- dent of Catalyst Canada Inc., says that while the gap between the number of women in senior lead- ership positions and the talent pool is disparaging, another sug- gestion may lie in women's ability to access influential networks. "From our research, we have found the key is really fo- cusing on sponsorships," says Stellings, whose organization promotes opportunities women in business. for "Paradoxically, women are oſten found to have significantly more mentors than men but they oſten don't feel they have the clout to ensure the proper networking takes place. It's also about edu- cating women about making key connections and making sure law firms are inclusive." Stellings adds that encourag- ing sponsorships by senior lead- ers for minority women in the legal profession is also important. "To the extent that women face a glass ceiling, visible mi- norities face a concrete ceiling," she says. "Access to influen- tial networks is so important, particularly when it involves people who can act as power- ful sponsors toward women and can ensure they have access to key clients and difficult cases that are oſten distributed infor- mally." Still, Hanigsberg says she hopes the report will contribute to the advancement of both mi- nority and non-minority women. "I would like to see more strong, talented women in se- nior leadership positions work- ing as role models to young fe- male lawyers," she says. "I want to give women something they can aspire to." LT Mentoring, exclusion among barriers for women

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