The Honourable Geneviève Cotnam

Hon-Genevieve-Cotman1.jpgWHAT WAS YOUR PATH INTO LAW AND ONTO THE BENCH?

My path was charted by chance encounters.

Looking back, there was nothing early on pointing me to a career in law, much less as a judge. No one around me worked in a field that was even remotely connected to law.

I chose to major in pure science at CEGEP. I loved scientific reasoning, and I was eager to understand how the world works. I was also greatly interested in political science, economics and history. I loved to read and write. In retrospect, I see CEGEP as an opportunity to explore and gradually get to understand who you are as an adult. I was riddled with doubt when it came time to apply to university. I was debating whether to go into pharmacology or microbiology when my economics professor, Julien Mardomingo, suggested that I become a lawyer, something that had never occurred to me before.

I looked into it and I realized that legal studies combined quite a few of my interests. So I took the plunge and enrolled in the faculty of law. I knew I’d made the right decision in my first semester, when my criminal law professor, Antoine Manganas, asked us to stage a mock Supreme Court trial. That’s when I discovered the fascinating world of litigation, the importance of facts and the art of persuasion!

At the end of my second year, I randomly applied for a student job at the Flynn Rivard law firm. The great race for internships didn’t exist at the time. I was lucky enough to join the insurance law team, which allowed me to work with amazing mentors who brought me along to court and gave me a glimpse of their side of the profession. They taught me the ins and outs of the job and how to write legal opinions, manage cases thoroughly, effectively and empathetically, grow a client base and earn the respect of my colleagues.

My clients also helped me become a better lawyer. Through them, I got to work on a wide range of cases in many different fields, and their trust in me has helped me grow as a jurist.

As much as I enjoy traditional litigation, I’ve always loved sharing my passion for the law. Teaching, whether at Université Laval or the École du Barreau, and talking to students helped me rekindle the fires of my youth and keep me grounded in the essence of the law. Giving lectures and writing legal texts also allowed me to deepen my understanding of certain topics.

Contrary to what some might think, my career as a lawyer didn’t always provide a smooth sailing to the bench. I learned a lot from lost cases, lost clients, mentors leaving for other law firms and two liquidated law offices. These obstacles forced me to reinvent myself.

It was the sum of those experiences that ultimately prepared me for a job on the bench. Being a judge requires great curiosity, open-mindedness, discipline, lots of empathy, listening skills and the ability to learn. Judges have to be willing to work hard, be collegial and, above all, love law, reading and writing. I also had to go through a mourning process for all the people I could no longer see on a daily basis, for the fact that I could no longer teach or publish and for beloved clients with whom I lost contact.

With the benefit of hindsight, I did well to heed the advice of my economics professor. Even if I’m still interested in science and, most recently, in technology’s role in the digital transformation of the justice system, I don’t at all regret choosing a career in law.

WHAT ADVICE DO YOU HAVE FOR COUNSEL WHO APPEAR BEFORE YOU?

In law, like in cooking, preparation is key. You never want to be caught off-guard. You have to know your case inside and out, which means that you have to fully master the facts, theory and legal principles applicable to the case. That makes it easier for you to gauge the real challenges on which you should be focusing your efforts and concede what you need to concede. Good preparation ensures clear, effective communication, both spoken and written.

I would also stress the importance of respect and integrity across the board. Lawyers have to respect themselves and their values. They have to respect their clients and be able to be straightforward with them. It’s also important for them to respect the opposing counsel and all those involved in the justice system. All of this is essential. I have little tolerance for half-truths and obfuscation.

I would conclude by telling litigators that it’s completely normal to be nervous when appearing in court. That rush of adrenaline is what helps you perform at your peak. I know for a fact, from multiple experiences, just how unnerving Court of Appeal hearings can sometimes be. Judges aren’t trying to trap litigators; they just want to make sure they understand the arguments presentedand draw on litigators’ intimate knowledge of the case.