Canadian Lawyer

October 2024

The most widely read magazine for Canadian lawyers

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FEATURE 8 www.canadianlawyermag.com CROSS EXAMINED Bar Association, Myers started speaking openly about mental health and noticed that what many perceived as complaints about workload were often signs of deeper, unaddressed mental health issues. One of Myers' key messages is that mental health struggles should not derail legal careers. "You can be a practising lawyer and manage your mental health in a very positive way," he says. Many lawyers fear that acknowledging mental health issues might tarnish their professional reputation or signal weakness, but Myers is adamant that this is a misconception. "I don't think there's any risk to your files; if somebody is having some challenges and working on them or suffers some anxiety or depression, the fact that the other side might know that doesn't affect the quality of [the] work," he says. Rather, he says addressing mental health concerns can improve one's overall performance, both in the courtroom and in daily practice. Myers says he has seen numerous lawyers face significant mental health challenges, take time off to recover, and then return to practice stronger. He also shared that different judges manage their workloads in ways that accommodate their mental health needs. Some prefer working under pressure, while Myers avoids the anxiety of pending decisions by completing them quickly. This adaptability is essential, and Myers says it's crucial to pass this message on to younger lawyers, who may THE RIGHT NOT TO REMAIN SILENT Justice Fred Myers was inspired to write about mental health in the legal profession on LinkedIn after reading The Right Not to Remain Silent: The Truth about Mental Health in the Legal Profession. The book is edited by the following lawyers and includes stories from many other Canadian lawyers sharing their personal stories about living with mental illness: Beth Beattie: Senior counsel at the Ministry of the Attorney General, Ministry of Health Carole Dagher: VP, legal at Loblaw Thomas Telfer: Professor of law at Western University "The notion of a warrior who can't show a chink in his or her armour isn't a useful paradigm anymore if it ever was" feel that they must choose between their mental health and their profession. Myers also highlights that the old model of the "tough litigator" who never shows vulnerability is outdated. "The notion of a warrior who can't show a chink in his or her armour isn't a useful paradigm anymore if it ever was," he says. In fact, empathy and cooperation often lead to better outcomes, especially in cases involving self-represented parties who may have mental health challenges. Myers sees this shift toward a more empathetic practice as a necessary evolution in the legal profession. Beyond mental health, Myers sees mentorship as one of the biggest challenges facing young lawyers today. The rise of remote work, while convenient, has had a detrimental effect on the mentorship that was once an integral part of legal training. He recounts how, earlier in his career, he would frequently consult with the lawyer in the office next door after

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