By Jennifer Pritchett, Associate Editor
As a mentor for junior counsel, Toronto criminal lawyer Melanie Webb believes in the value of giving back to the future of the profession.
“We owe it to them. Passing along our knowledge and experience to those who follow us benefits not only future generations of lawyers but the public we serve as well,” she tells AdvocateDaily.com.
Webb, founder and principal of Melanie J. Webb Barrister, has been mentoring over the last several years and is often approached directly by lawyers or law students. She's also involved in the Criminal Lawyers’ Association (CLA) formal mentorship program.
“Sometimes the mentorship is an informal meeting or two over coffee, a phone call or exchange of emails for advice,” she says.
“With the current CLA mentorship program, it is a bit more structured, involving a series of scheduled meetings that include a review of files and issues with which the mentee seeks guidance.”
As an executive member of the Ontario Bar Association (OBA), Webb notes the professional organization is also promoting greater mentorship for younger lawyers. She points to an upcoming continuing professional development program where more senior lawyers are encouraged to bring along a junior lawyer at a reduced rate for the junior.
“These are many opportunities that can be helpful for junior lawyers to promote the mentorship relationship, assist in networking, and provide valuable educational programming at an affordable cost,” she says.
When Webb speaks with students or lawyers who have just been called to the bar, she recommends that they try to find a position working for senior counsel for at least a year or two before they think about starting up their own practice,” she says.
“Alternatively, if they can’t find a formal position, then I urge them to seek out work on cases where senior counsel might be looking for a junior to assist them. There are only so many positions to go around, however, and the number of newly-minted lawyers far outstrips the number of positions available, and new lawyers may also find it difficult to find someone who is seeking a junior just for one particular case," Webb says.
“This makes mentorship even more important.”
Webb says she sees many junior lawyers working as sole practitioners, trying to break into the practice of criminal law.
“But this is less than ideal for junior lawyers. It leaves them without the benefit of any significant training from senior counsel to observe the way they run their own practice and conduct criminal trials, identify defences and legal arguments. This experience is invaluable for young lawyers to learn the basics of dealing with a criminal file from the first stages of the case," she says.
“Beyond the basics, complicated and unexpected issues can arise, and being able to consult someone more experienced for advice is especially important for new lawyers.”
Articling for 10 months, or four months of work with a firm or sole practitioner through the Law Practice program, is not enough for a new lawyer to learn and understand all of those areas, to say nothing of how to build up business, Webb says.
“Then there are issues that are unique to female defence lawyers, some of which may not be particularly evident to male practitioners,” she says.
“For example, how to deal with discrimination or harassment in the workplace, courtroom, or even in client interactions. It can be a challenge for young female lawyers to deal with issues that may arise for mothers of young children, or those who need to take time off to care for other family members, and the professional and financial ramifications of that.”
Webb says there is a real need for more mentorship of junior female lawyers and students thinking of practising criminal law. This goes beyond simply having a cup of coffee once or twice and extends to making a sustained effort to bring new female lawyers “into the fold,” she adds.
“Unfortunately, there is a sense that criminal defence, especially in Toronto, can be a bit of a closed club, and the reality is that the profession continues to be dominated by men,” Webb says.
“This is something born out of the reality that there are far more male criminal lawyers than females, especially as seniority increases. Female counsel tend to either join the Crown’s office, go into another area of law, or leave the profession altogether. There are few women who stay in criminal defence after five or 10 years, as compared to men.
"This is frustrating to see, but it relates to the financial challenges of running a business and trying to balance that with family obligations, together with the issues faced by women in criminal defence on a daily basis.”
Ultimately, Webb says the profession needs to engage more senior female criminal lawyers in that process.
“The problem is that there are so few female criminal lawyers to begin with, we need every one of them to be involved because of the unique challenges and issues that women experience,” she says.
Some advice for new generations of lawyers:
Seek out mentorship. Don’t be afraid to call or email someone in the field who has been practising for awhile. Invite them out for a cup of coffee.
Get involved in groups and associations to build connections and learn more about the law in your practice area.
Using social media to grow your business is one thing, but be judicious with what you’re actually putting out there.
Stand up for yourself in difficult situations. If you feel that you are faced with a challenging issue, seek out a trusted senior practitioner for advice and support.
Above all, always conduct yourself in a professional manner — inside and outside the courtroom.