Oc tober 2012
The Justicia Project Makes Manitoba Law Firm Debut
Report of the Equity Ombudsperson
Brenlee Carrington Trepel, Equity Ombudsperson
The Justicia Project is making its
Manitoba debut. Karen Clearwater
of the WRHA and I are co-chairing
the project here in Manitoba with
much assistance from Aikins partner
Ted Bock, LSM Equity Committee
Chair, and Law Society of Manitoba
Deputy CEO Marilyn Billinkoff. Here
is some background on Justicia.
The Law Society of Upper Canada
implemented the Justicia Project in
2008 to try to retain and advance women lawyers. The
program is now in its fourth year and has been renewed for
a further two years. In order to participate in the project,
law firms are required to develop and/or maintain programs
for the advancement and retention of women based on the
needs of the lawyers and the expectations of the firms.
Currently, 57 law firms have committed to achieving the
project’s goals, including large firms such as Blake Cassels,
McCarthy Tétrault, Gowling, Torys and Faskin.
Retention of Women
Most Manitoba firms know that while women are entering
the legal profession and private practice in record numbers
(more than half of law school graduates are women) they
do not stay, particularly when they decide to have a family.
There are approximately 1,945 lawyers in Manitoba and
34% are women. Of those women in practice, only 53%
are in private practice. Among men, 73% are in private
practice. We also know that women tend to leave between
their 5th and 10th year of practice, which is well after a
significant firm investment in their development has already
been made.
The Law Society of Manitoba, having received and
reviewed statistical information that I have gathered on
issues being raised by women lawyers, and having listened
to their stories, is concerned about the challenges facing
women and wants to help ensure that more women remain
in private practice. To that end, the Benchers approved a
work plan to implement elements of Justicia in Manitoba.
The first stage of the implementation will be to focus on
maternity and parental leave, return to work and flexible
work arrangements.
How Justicia Works
Manitoba firms who participate in the Justicia initiative will
review the guidelines developed for use in Ontario in these
areas and create a minimum standard for Manitoba lawyers
that will define the entitlements lawyers can expect when
taking a maternity or parental leave and on their return.
This will help eliminate the ad hoc approach adopted by
many firms when dealing with these issues. Firms will
be expected to commit to implement the criteria set out
in the guideline. This commitment will entitle the firm to
become a Justicia member and use the Justicia brand.
It is hoped that setting a minimum standard will provide
a better work arrangement for both lawyers who need to
balance work and home life, and for their firms, who will
now be able to deal with issues relating to leaves and
return to practice with more certainty.
Justicia Success Story
Linda Rothstein is a partner at a mid-sized Toronto law
firm Paliare Roland, and a Bencher of the Law Society
of Upper Canada. She told me why the Justicia Project
has been so important to her law firm. “Paliare Roland
has been a lead participant in the Law Society of
Upper Canada’s Justicia Project. My partner, Megan
Shortreed, and I have acted as members of the Justicia
Steering Committee and act as chairs of some of the
project’s committees. We have been early-adopters of
the recommendations of the Justicia Project, including
initiatives and policies respecting parental leave, flexible
work arrangements, advancement into partnership,
business development and leadership skills. “
“Our firm has never really had a retention problem; we
have a culture where women not only stay, but thrive and
succeed. That said we recognize that even more women
lawyers are coming up the ranks and will account for
much of the top talent in the next generations. Women
lawyers in a top-tier litigation boutique face unique
challenges in their legal careers and there is no simple
solution to this complex reality. Participation in the
Justicia Project has put us in touch with other leaders in
the profession to collaborate on best practices.
“It has been a rewarding experience and helped us to
seek out even more opportunities to promote balance,
flexibility, mentorship, leadership and strong business
skills for the women in our practice. There are certainly
challenges in rolling out policies and programs in a
boutique practice. We are reluctant to over manage, and
we do not have fulltime administrative support dedicated
to these issues. We rely heavily on the lawyers of the
firm to become engaged and implement the Justicia
ideas for supporting women day to day.”
continued...
Th e L aw S o c i e t y o f M a n i t o b a
The Report of the Equity Ombudsperson
continued
The Justicia member firms have been working hard to suggest best practices that will work for small or large firms. Most of
the resources developed in the project have been mindful that there is no one-size-fits-all magic bullet. What the project has
done successfully is to give us a framework for discussing these important ideas within our own firm.”
Justicia Gaining National Momentum
Quebec is also embracing the Justicia Project and will be surveying the trajectory of women lawyers in private practice with
participation from 23 large, medium and small law firms. In Quebec up to 65% of law school graduates are women and
women make up half of the Barreau’s membership. However, despite their growing numbers, only 32% of lawyers in private
practice are women and only 20% of law firm partners are female, according to statistics gathered by the Barreau when the
program was launched.
Law societies in Alberta and British Columbia are also working towards implementing Justicia.
Karen, Ted and I look forward to working with you to implement the Justicia Project here in Manitoba. You will be hearing
further from us in the months to come.
The Equity Ombudsperson can help to resolve individual discrimination and harassment concerns; act as a
sounding board in dealing with internal office concerns or complaints; provide educational seminars and speaking
engagements about respectful workplace issues for legal offices; assist in the development and implementation of
policies and procedures or coach through the Parental Leave Assistance Program. Contact Brenlee Carrington
Trepel, confidentially by phone: (204) 942-2002 or toll free: 1-866-771-2002; email: [email protected];
fax: (204) 474-1161; mail: P.O. Box 2555 – Station Main, Winnipeg, MB, R3C 4B3. You can also visit our Equity
Initiatives site at: www.lawsociety.mb.ca.