March 2, 2017 Constitutional Law Career Panel Advice for students

On March 2, 2017 the Asper Centre for Constitutional Rights convened a Constitutional Law career panel in response to law students’ common question: How can I practice Constitutional Law?

Four distinguished panelists provided their insight and advice to a room full of eager law students about practicing Constitutional Law in their fields. The panelists were: Joseph Cheng of the Department of Justice of Canada, Nader Hasan a partner in the firm of Stockwoods Barristers, Dan Rohde a staff lawyer at the Income Security Advocacy Centre, and Cara Zwibel, the Director of the Fundamental Freedoms Program at the Canadian Civil Liberties Association.

The following pieces of advice were distilled from the panelists’ well-received presentations, in which they answered questions about their jobs, their personal career paths and their best pieces of advice to students.

  • Don’t expect to become a constitutional lawyer immediately and do not stress about not getting “the” job or articling position straight out of law school. The path to practice Constitutional Law is not always a straight one.
  • Pursue any opportunity to do pro-bono work within the firm that you are at. Sometimes this may mean working on pro-bono files in your personal time.
  • Present opportunities to do pro-bono work at your firm, assuring your principal(s) that this work will be done in your spare time; this way the “ask” of the firm is only to provide administrative or disbursement costs.
  • While large-scale pro-bono programs at the big Canadian law firms are in their nascent stage, pro-bono work in an American law firm with an entrenched pro-bono program can provide a lot of valuable experience and exposure.
  • The need to address Charter violations and challenge unconstitutional laws and government actions is unfortunately not dissipating so, rest assured if you want to work on a pro bono case, you can find a case. Don’t give up.
  • To get excellent litigation experience, which is beneficial if you are interested in becoming a Constitutional litigator, seek to do a clerkship. Do not only focus on the top courts, as you may get a more valuable experience in the Superior Court of Justice, for example.
  • Pursue extra-curricular activities that clearly demonstrate your Constitutional law passion.
  • Focus your career pursuits in the public law sphere, more specifically in a field of law that intersects most closely with Charter issues i.e. Criminal defense work, refugee law, labour law, or administrative law.
  • Expect to earn comparably less in public interest legal work than in corporate law, but to otherwise feel rewarded as being an instrument for social change.
  • Attend events where other Constitutional lawyers would attend i.e. CBA and OBA Constitutional Law chapter events, relevant CPD events and network, network, network!

In addition to the above, we urge law students to actively engage with the David Asper Centre for Constitutional Rights. You can do so in a number of ways. For example: take our upper year clinical legal education course, volunteer for one of our student working groups, or write a case comment for our Newsletter on a constitutional law case that you have an interest in.

We welcome your feedback about this event and if you have any thoughts about an event that you would like to see the Asper Centre organize, please get in touch.

 

Asper Centre discusses Legal Professionalism and Ethics with Law Students

It is well-known that lawyers are bound to the highest of ethical standards arising from the Law Society’s rules of professional conduct and ethics.  While law students are officially not bound by the same rules, the standards of professionalism and ethics arguably apply to students who are in essence at the very beginning of their legal careers.

In light of the above, first year students at the University of Toronto Faculty of Law must attend mandatory Professionalism and Ethics classes, with some of the curriculum emanating directly from the Law Society of Upper Canada. Furthermore, the Faculty offers a number of elective courses that examine the complex issues entailed within the broad topic of lawyers’ professional ethics.  An example of such a course is this Fall term’s upper year elective taught by visiting professor Allan Hutchinson, a well-known legal theorist from Osgoode Hall Law School, with an international reputation for his original and provocative writings on the legal profession. This intensive course, entitled Legal Ethics and Lawyer Regulation, focused on legal ethics and the regulation of the legal profession and it examined various topics such as the lawyer-client relationship, confidentiality, conflicts of interest, the duty of loyalty and ethics in advocacy, counseling and negotiations.

On November 9, 2016, the Asper Centre’s Executive Director Cheryl Milne and the Centre’s Constitutional Litigator in Residence Janet Minor participated in a panel discussion in Professor Hutchinson’s course, in order to highlight to the students some of the ethical and professionalism issues that arise in their specific law practices.  Ms. Renatta Austin (JD 2014), a lawyer in private practice, also took part in the panel discussion.

Ms. Austin began the session by talking about the issue of lawyer competence as it relates to professionalism.  In her sole-practice, she explained how she is sometimes wary of overextending herself by taking on legal matters for which she does not have the requisite experience.  She also cautioned against taking on more than one type of matter for a client, providing an example of a lawyer she interacted with whom she observed representing both parents in a child wardship case while also representing one of the parents in a criminal matter.  She criticized this practice as cases often have different goals and paramount interests and thus taking on all of them can potentially create ethical issues.

Ms. Minor provided the class with a perspective of some of the ethical issues encountered by a government lawyer.  She spent the bulk of her lengthy legal career as General Counsel in the Constitutional Law Branch of the Ontario Ministry of the Attorney General. She discussed ethical responsibility, the role of the Attorney General and the challenges of being a government lawyer, in particular the conflict that may arise when government lawyers must defend policy or legislation that may clash with their personal opinions.  In response to a question, Ms. Minor surmised that government lawyers, while held to the same ethical and professional standards as other lawyers, are often viewed by judges differently and held to an even higher standard as they are expected to demonstrate the best conduct, provide total disclosure, always act with courtesy and not exhibit any ‘shark-like’ lawyer practices.

Ms. Milne started her presentation by discussing the various ethical issues she encountered while working as staff lawyer at the NGO Justice for Children and Youth, such as having to diligently ensure that her child clients were deemed competent to provide her with instructions. She then highlighted her unique dilemma as the Executive Director of the Asper Centre charged with promoting the work of the Centre, while at the same time acting as the lawyer of record on many of the Centre’s cases, thereby being bound by the duty of confidentiality insofar as publicly discussing the cases.  This dual role perhaps may seem confusing to students but Ms. Milne treads carefully in both roles and ensures her clients’ interests at all times.

The number and quality of questions and comments exchanged between the students and the presenters during this panel discussion demonstrated that law students are indeed engaging with these issues in a meaningful way, thus preparing to assume the professional and ethical obligations that they will ultimately owe themselves, the public and their profession.