Life skills and career tips for Canada's lawyers in training
Issue link: https://digital.canadianlawyermag.com/i/50902
BY ROBERT TODD J oel Hechter asked himself a simple question when deciding what area of practice to pursue: "Of all the lawyers I know, which are happiest?" Th at query seems completely reason- able at fi rst blush. Aſt er all, who wants to wake up in the morning dreading what comes next? But for many law students, short-term questions like how to pay off gargantuan debts, and long-term consid- erations like fi nancial security, force the "happiness test" to the back burner. And students who do ask themselves those questions are increasingly scratching Hechter's answer — criminal defence — from their list. It's long been held that criminal defence work is one of the tougher areas of law in which to carve a niche. Paid summer stu- dent placements are scarce, and it can be a real uphill battle to fi nd an articling posi- tion. Th e quandary has worsened in the past decade with dwindling legal aid bud- gets. Established criminal defence law- yers have had a hard enough time keep- ing a roof over their own heads, without propping up a student whose tasks are restricted by law society rules. Meanwhile, the few students who do fi nd an articling spot can forget the cushy working environment aff orded by most full-service fi rm placements, and face the prospect of a career that may hinge on high-volume, and oſt en high-stress, legal aid work. To top it off , defence counsel are oſt en vilifi ed by the general public, viewed more as impediments to justice than defenders of the public's constitu- tional rights. But for people like Hechter, a Universi- ty of Toronto Faculty of Law grad now ar- ticling with a small fi rm, criminal defence work was a no-brainer. "Th e people who were most like me, who seemed to enjoy the creative challenge of it, were practis- ing criminal law," says Hechter. Recent law graduates like Hechter are a relief to people like Montreal lawyer Isa- bel Schurman, who is vice chairwoman of the Canadian Council of Criminal Defence Lawyers and a sessional lecturer at McGill University's Faculty of Law. She suggests this much-maligned area of practice has been given a bad rap over the years, and more students should open their eyes to a career in criminal defence. "It's a shame that the fi eld is so misunder- stood," says Schurman. "I think it's a shame that people never realize the important role that defence counsel play until they, or someone in their family, needs representa- tion, and then realize that it's not simply this television or movie image of defence counsel. We are in fact the watchdogs for the fairness in our system of criminal jus- tice, and without a strong defence bar, the whole system suff ers, and so does the citi- zen's right to be leſt alone by the state." Despite that vital and historical role It takes a lot of determination. It takes a real passion for the practice of criminal defence law, but it's far from impossible. — Isabel Schurman, Montreal played by defence lawyers, the number of students seeking a future in the area is dwindling. Th e University of Western Ontario's law school indicated to 4Stu- dents it is considering putting an end to its criminal law concentration program. Another said it couldn't comment on the outlook for students interested in criminal defence work, because no one on staff had adequate knowledge of the area to do so. While schools continue to help students cut their teeth in the area through legal aid clinics, more and more would-be criminal lawyers are forced to pound the pavement for months to land articling spots. It is also possible students are not so much turned off the practice area's dark side, but instead diverted from it by large fi rms' pow- erful recruitment strategies. Robyn Mar- tilla, director of Western Faculty of Law's career and professional development offi ce, says it's diffi cult for students to fi nd infor- mation on criminal law articling positions. "Th e schools tend to get a lot of information from private fi rms, like the large Bay Street group," says Martilla. "So that information is easily available to students. But it's much more diffi cult to fi nd information about positions in either family or criminal law." Schurman says there are limited posi- tions but students are misguided in the per- ception that they will not fi nd a spot. "My experience in the last 25 years has been, if a student is truly interested in criminal defence law, and truly wants to make their way in that fi eld, I have seen very few who haven't been able to fi nd an opening, profi t from an opportunity, or otherwise work their way into the fi eld," she says. "It takes a lot of determination. It takes a real passion for the practice of criminal defence law, but it's far from impossible." Because criminal defence fi rms tend to be small and oſt en rely on a high volume of legal aid work, they usually do not conduct interviews for student positions in an orga- nized way, or years in advance. Th at means students must show initiative and go out into the market and get to know lawyers at local fi rms who may do future hiring, says Schurman. She says while criminal law fi rms don't have the formalized recruit- ment process of large civil law fi rms, most do require the help of students when large fi les arise. But the only way to latch on to a fi rm when those big cases arise is by fi rst getting your name out there. At the same time, Schurman cautions students against off ering their services for free, suggesting it's a sign the fi rm may just exploit them. "Th e only thing that as a question of principle I will never do, is hire a student who says, 'I don't even care if you pay me.' I think students underestimate their worth. If you're being given an op- portunity at a place where they'll only take you if you'll go there without being paid . . . I don't think it's fair to the students." However, the trouble of fi nding stu- dent positions is not uniform across the country. Monique St. Germain, director of professional development and alumni relations at the University of Manitoba's Robson Hall Faculty of Law, says a sup- portive local bar in Winnipeg has made it easier for aspiring criminal defence law- yers to break into the profession. She says there are always jobs posted for students interested in working with a lawyer in the city. "Our market isn't necessarily the same as other markets," says St. Germain. "We're smaller." Many of the lawyers who practise in Manitoba went to Robson Hall, which she suggests has helped keep the interests of students at the school on their mind C ANADIAN Lawyer 4STUDENTS SPRING 2010 13