WHAT WAS YOUR PATH INTO LAW AND ONTO THE BENCH?

My path to becoming lawyer was inspired by the generation of women in the 60’s and 70’s who endured the institutional obstacles and the proverbial “glass ceiling” that plagued the legal profession for many years. They were just living their lives, but their very existence as law students, lawyers and judges who I observed in my day-to-day life and experiences as a child and youth not only made becoming a lawyer in the 1980’s a possible career choice for a woman, it also made it an obvious career choice for me. A choice that twenty years earlier would have been far less obvious. 

Young women of my generation growing up in Canada were lucky enough to have parents, teachers, and other role models to encourage us to not only have opinions but to express them, and we were fortunate to have our views acknowledged. Those of us who spoke up were often told we would be “good lawyers.” Rightly or wrongly, that resonated with me; although I did also consider going to medical school and becoming a psychiatrist.  

The study of human behaviour and interaction is an unexpected common denominator between psychiatry and my career in the law. Lawyers, and especially career trial lawyers, are (or become) intuitively masterful “human handlers”: of clients, witnesses, other counsel, and judges. Understanding the law is important. Teasing out the facts and circumstances of a case and fitting them into the legal cannons is a skill that I feel was greatly enhanced by my innate curiosity and appreciation for how perspectives influence experiences. 

The natural progression, of becoming a judge and being entrusted with the delicate task of piecing together all of the different perspectives about a conversation, relationship, event, transaction or occurrence and trying to make sense of them all was an exciting and logical next step for me.   

WHAT EXPERIENCE IN YOUR LEGAL CAREER BEST PREPARED YOU FOR WORK ON THE BENCH?

The aspect of being a litigator that I enjoyed the most over my approximately 30 years in private practice was the courtroom experience.  Interacting with the witnesses, the other lawyers, and the judges, anticipating what they would say and then seeing how that would be woven into oral submissions was an exhilarating and rewarding challenge. Since I have moved to the other side of the bench and now see all of that play out from the perspective of the decision maker, I am grateful for the insights that I have about what goes on before and after people appear in my courtroom. 

My experiences as litigation counsel have given me an appreciation of the fear, excitement, and anticipation that participants may have when entering the courtroom and a desire to try to create an environment in the courtroom that is less daunting.  I also recognize the sheer relief on the part of the lawyers and litigants of being finished and having left the matter in someone else’s hands to sort out (now me).  These have all contributed to how I approach my decision-making role.  I feel that my understanding of how much work and angst goes into the presentation of a case by and on behalf of the parties and my appreciation of the importance of the trust that has been placed in my ability to sort it all out has prepared me well for my work as a judge. 

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

First, show respect, for the court, for your client, for the opposing  side and for the process.

Some (seemingly obvious, but which cannot be emphasized enough) ways in which to do this include:

• Follow the rules and procedures
• If you need an exception, extension, or indulgence, ask for it in advance
• Be courteous to everyone in the courtroom
• If you have to make unpleasant personal accusations, do it responsibly and sparingly
• Focus on your best facts and arguments

In doing this you will also protect your own reputation, which is the most important thing you bring into, and take out of, the courtroom with you.

Second, channel and focus your curiosity: 

• Ask questions that you have anticipated the answer to
• Anticipate questions others may ask and the answers you or your client would provide
• Explore and present alternatives

Third, help yourself by helping the judge understand:

• what you are asking the judge to do
• what you need to satisfy the judge of in order to do it
• what the other side will say and why that should not concern the judge
• what the implications are for the litigants and other affected persons

WHAT DO YOU WISH THE PUBLIC KNEW ABOUT THE JUSTICE SYSTEM?

While the law is an important aspect of the justice system, the people affected by it, seeking to uphold or apply it, being called to task for not following it, and those courageous enough to try to change or expand it are all equally important contributors.  The justice system is a place in our society where the humanity of the participants is vulnerable and exposed.  It is not an abstract legal construct.