Canadian Lawyer

w w w . C A N A D I A N L a w y e r m a g . c o m O C T O B E R 2 0 1 6 17 decline if a client becomes a friend? You can cogently argue that the opposite might happen. As for exploitation of the client, that depends. Take romantic relationships. If it's between a family law practitioner and a distraught, penniless, abused wife seeking a divorce, well, a "romantic" relationship is a bad idea. It's not as clear if the female senior partner of a big firm strikes up a relationship with a male CEO of a hedge fund that is a client. As they say, ethics are often situ- ational. Circumstances matter. My San Francisco friend mostly had passive boundaries in mind when she compared social workers and lawyers. Social workers seem to be able to circumscribe their work life with some success, but for most lawyers the demands and problems and attitudes of legal practice are with them always, seeping into every pore of their being. Lawyers are propelled by ambition, driven by the double tyranny of billable hours and an adversarial system, caught up in the pervasive business model view of legal practice, oppressed by the demands of digital devices. The consequences can be dire — neurosis, depression, substance abuse, breakdown in personal relations. The incidence of suicide among lawyers is one of the highest among the professions. An oft- cited 1991 Johns Hopkins University study reported that lawyers suffer from major depressive disorder at a rate 3.6 times higher than non-lawyers who share their key socio-demographic traits. Draft rules, suggested guidelines, hortatory statements by leaders of the bar, speeches by associate professors, continuing education conferences, opin- ion pieces like this one — none of these can address this problem in any way that matters. That's because the prob- lem comes from a deep-seated culture, almost impossible to change, that has the legal profession in its tenacious grip. The essence of this culture is that being a law- yer is no longer any different from any other occupation — investment banker, say, or a buyer of old gold or a real estate agent. Legal practice is not in the deepest sense a "profession," an occupation with an explicit commitment to the public good (that commitment, of course, does not preclude making a living). In the case of lawyers, the public good is a functioning and accessible legal system that provides justice for all. We lawyers have conspicuously failed to create and sustain such a system. We live in a coun- try where the vast majority cannot afford legal services and are, therefore, denied access to justice. Sometimes, we pretend otherwise, but that is a lebenslüge, a delu- sion that allows us to live. The definition of what a lawyer is and does is blurred, indistinct, vague. What sets legal practice apart is no longer clear. That makes the acknowledgement of coherent boundaries, active and particularly passive, difficult, perhaps impossible. Clients may suffer as a consequence. But we lawyers suffer more than anyone. Philip Slayton is president of PEN Can- ada, an organization of writers that protects and promotes freedom of expres- sion. Be the go-to person More efficient workflow using built in tools. Lexis Advance ® Quicklaw ® Intuitive design Exceptional content Productivity tools Anywhere access Wed, May 18, 9:49 AM Client will be here in 10… Delivered Wed, May 18, 9:49 AM I'm on it Delivered Wed, May 18, 9:50 AM Lemme know if you need help Delivered Wed, May 18, 9:55 AM Nope. Done. Delivered lexisnexis.ca/advance Untitled-1 1 2016-09-19 8:37 AM

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