Advocacy-Matters-Spring-2023

ADVOCACY MATTERS
The Advocates’ Society
SPRING 2023

CONTENTS
Now Live! Friends Who Argue - TAS podcast is jointly hosted by
our Young Advocates and 10+ Standing Committees. Segments
feature dialogue with the people who get what you do, as we
delve into both the serious and lighthearted aspects of life as
an advocate in Canada. Know a TAS member we should talk
to? Contact Christopher Horkins at chorkins@cassels.com and
Karen Bernofsky at KarenB@stockwoods.ca .
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Chair Chat
Chloe Snider (she/her), Dentons
Event Report: Achieving Cultural Competency in Practice
Omolara Oladipo (she/her), Ladilaw
Roundtable: Allyship with the LGBTQ2S+ Community
Compiled by Michelle Alton (she/her), Ministry of the Attorney General
Word to the Wise: Making the Most of the TAS
Mentoring Portal
Megan Keenberg (she/her), Keenberg & Co
Interview with Erin Best
Compiled by Joe Thorne (he/him), Stewart McKelvey
Straight From the Dragon’s Mouth
Christopher Lee (he/him), Loopstra Nixon LLP
Partnership Bound
Christine Ashton (she/her), Wilson Vukelich LLP
Reflection on Four Terms of Advocacy Matters
Tamara Ramsey (she/her), Dale & Lessmann LLP
Editor: Tamara Ramsey (she/her), Dale & Lessmann LLP | tramsey@dalelessmann.com
Deputy editor: Megan Keenberg (she/her), Keenberg & Co | mkeenberg@keenco.ca
The opinions expressed by individual authors are their own and do not necessarily reflect the policies of The Advocates’ Society.
Advocacy Matters Editorial Team: Michelle Alton (she/her), Ministry of the Attorney General, Nadia Chiesa (she/her), WeirFoulds LLP, Erin Durant (she/her), Durant Barristers,
and Joe Thorne (he/him), Stewart McKelvey
Friends Who Argue is sponsored by
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CHOOSE FROM CANADA’S TOP
MEDIATORS AND ARBITRATORS
CHAIR CHAT
Chair Chat
Chloe Snider (she/her), Dentons
2021-22
Ronald M. Dash
Ron has over 45 years of experience
resolving a wide variety of
commercial, employment,
shareholder, joint venture, insurance,
construction, and real estate matters
as a mediator, arbitrator, Master of
the Superior Court of Justice and
litigator. He has a well-deserved
reputation for getting quickly to the
heart of a dispute.
Barry H. Bresner
Barry is an arbitrator, mediator and
investigator with over 40 years of
experience handling complex
commercial matters. His expertise
includes shareholder/partnership,
contract interpretation,
environmental liability, commercial
insurance and reinsurance &
franchise disputes. Barry is a Fellow
of the Chartered Institute of
Arbitrators.
2021-22
READERS’
CHOICE
This is my last Chair Chat as chair of The Advocates’
Society’s 10+ Standing Committee. I
am grateful for the opportunity to have led
a committee that is doing so much to give
a voice to mid-career advocates and to create
community for that cohort. I have found
this community to be an essential support
in facing the trials and tribulations (literally
and figuratively) of practice.
There are great things in store for next
term – like our first ever mid-career advocates’
retreat in February 2024 – stay tuned
for more details!
This will also be Tamara Ramsey’s last
edition as editor – thank you Tamara for
the countless hours and energy you have
poured into this publication. We will miss
your tongue in cheek articles on good advocacy.
Tamara says her farewells in Reflection
on Four Terms of Advocacy Matters.
Welcome to Megan Keenberg, our new
editor. Megan is a longtime contributor and
current deputy editor of Advocacy Matters.
In this edition, she explains how to make the
most of the TAS Mentoring Portal. The portal
provides an opportunity for junior lawyers
to connect with more senior advocates
(including mid-career advocates!), for virtual
mentoring sessions with lawyers outside of
their firms. Having already participated as a
mentor, I can say that this is a meaningful
way of giving back with a low time commitment
– and Megan’s article makes preparing
easy.
The 10+ Standing Committee has hosted
some fantastic events this term. Thanks to
Chris Lee who organized and now reports on
our event with Michele Romanow – Straight
from the Dragon’s Mouth. Chris reports on
some of Michele’s best tips for litigators.
Omolara Oladipo reports on the committee’s
February event: Cultural Competency
ADR & MEDIATION CHAMBERS
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416.362.8555 • 1.800.856.5154 • booking@adr.ca • adrchambers.com

in Practice, hosted by our Diversity, Inclusion
and Representation Working Group.
The speakers, Justice Faisal Mirza, Ada Chan
and Koren Lightning-Earle highlighted the
gap in cultural competency and how that
gap affects matters before and during adjudication.
Our focus on inclusion and diversity continues
in the Roundtable: Allyship with the
LGBTQ2S+ Community, compiled by Michelle
Alton – it starts with the basics: what
is allyship – and what is it not.
This edition also includes Joe Thorne’s interview
with Erin Best, a partner at Stewart
McKelvey in St. John’s. Erin shares not only
her proudest moment as a litigator but provides
some essential TV and other recos.
Finally, Christine Ashton shares with us
what it means to become a partner – and
what to consider in determining if it’s the
right decision. She raises many issues that,
at least in my experience, aren’t that talked
about.
Postscript: How do I say something about
the Ontario bencher election without saying
something about the bencher election?! This
edition will come out after the bencher election
outcome is known, so I will say this: It
is amazing to see so many younger, mid-career
advocates running in the bencher election
– people whom I know will give voice
to the issues challenging our generation of
lawyers and whose values align with those
of The Advocates’ Society. Thank you for being
our voice.
EVENT REPORT
Event Report: Achieving
Cultural Competency in
Practice
Omolara Oladipo (she/her), Ladilaw
On Friday, February 3, 2023, the Diversity, Inclusion
and Representation Working Group
of the 10+ Standing Committee of The Advocates’
Society hosted a virtual panel event
entitled “Walk the Talk: Achieve Cultural Competency
in Your Practice.” The event promoted
cultural competence, not only during the
process of adjudication, but also during the
often-forgotten steps leading to adjudication.
The event was attended by approximately
45 people and co-chaired by Michelle Alton
and Omolara Oladipo. Michelle also moderated
the panel which consisted of:
• Ada Chan, Executive Director, The Chinese
and Southeast Asian Legal Clinic
• Justice Faisal Mirza, Superior Court of Justice
of Ontario
• Koren Lightning-Earle, Legal Director at
Wahkohtowin Law and Governance Lodge,
University of Alberta
The speakers exhibited a distinct understanding
of the gap in cultural competence
and how the gap affects matters before and
during adjudication. Among other things, the
panel discussed:
• How decisions made about a case can benefit
from a more culturally competent perspective
before it gets to a hearing;
• Issues that arise during adjudication, including
the impact of implicit bias; and
• How to address situations when the promotion
of change in the justice system
more broadly appears to conflict with an
advocate’s specific duties in an individual
case.
If you are interested in learning more about
cultural competence, the video archive of this
program is available for free for TAS members
in the Member Resource Library here.
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The Advocates’ Society is proud to announce a
new online mentoring program exclusively for TAS members.
NEW TAS
MENTORING
PORTAL
A key goal of this new mentoring program is to create a simple way for our Members to feel
more connected to their professional community and obtain some career advice from more
experienced members of the bar. This program model is convenient, efficient and effective:
√
√
√
No long-term commitments.
No extensive questionnaires or matching.
No heavy agendas, minute taking or long-term planning.
Just simple connection and conversation for lawyers to get some tips and connect with
someone new.
More information is available on the
TAS mentoring website page.
TAS Junior Members are
automatically signed up.
Set up your profile today!
ALLYSHIP IN ADVOCACY
Roundtable: Allyship with
the LGBTQ2S+ Community
Featuring Tracey Doyle (she/her), Bennett Jones LLP,
Brendan MacArthur-Stevens (he/him), Blake, Cassels & Graydon LLP,
and Jennifer Mathers McHenry (she/her), Mathers McHenry & Company
Compiled by Michelle Alton (she/her), Ministry of the Attorney General
In this roundtable, we talk to three lawyers about the importance of allyship with the
LGBTQ2S+ community in the legal profession.
Tracey Doyle (she/her) is a litigation lawyer at Bennett Jones LLP. Tracey has extensive
experience acting in intellectual property disputes of all types and also provides scientific
support in class action matters.
Brendan MacArthur-Stevens (he/him) is a litigation and arbitration Partner at Blake, Cassels
& Graydon LLP. Brendan specializes in complex commercial disputes, deal litigation,
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****At this time, the program is only available in English but we are working with Mentorship Rocket to build a bilingual (English and French) site for later in 2023.

Brendan MacArthur-Stevens (he/him) Blake, Cassels &
LLP
Graydon
Blake, Cassels & Graydon LLP
Tracey Doyle (she/her),
Tracey Doyle (she/her), Bennett Jones LLP
Bennett Jones LLP
and public law matters. He also does extensive
pro bono work for LGBTQ2S+ people and organizations
in Alberta.
Jennifer Mathers McHenry (she/her) is the
founding partner of Mathers McHenry & Company,
a boutique employment law firm in downtown
Toronto that provides executive employees
and employers with legal and strategic advice
to assist them at key transition points in their
careers or businesses. Jennifer works with her
wife, Kirsti Mathers McHenry, who is the firm’s
Managing Partner.
What is allyship and what is not allyship?
BMS: Allyship is about listening, caring, researching,
taking responsibility, and doing the work.
Allyship arises when someone from a majority
population takes steps to elevate or promote
the interests of people from a minority population.
There are many systemic barriers in our society
that are uniquely acute for individuals from
historically underrepresented groups, including
members of the LGBTQ2S+ community. Allies
help to carry some of this burden by actively
working to remove or alleviate these barriers.
TD: Allyship to the LGBTQ2S+ community is
straight people taking action to support us. Allyship
is the non-marginalized stepping back in
appropriate situations so that members of the
queer community can step forward. Allyship is
amplifying queer voices, rather than shouting
over them. Above all, allyship requires genuinely
listening to the needs of the queer community
and then trying to meet them. Those needs may
require that our allies be silent, accompany us
in protest, or simply physically walk with us in
areas where we feel unsafe. Allyship is not passively
standing by to let us figure out problematic
issues. Allyship is active. It requires people to
make a choice. If you refuse to make that choice,
then it means that you are not an ally.
our profession, allyship has to be about working
to dismantle barriers to success for historically
marginalized or underrepresented groups, not
just avoiding creating those barriers yourself.
Why is allyship important?
TD: Without allyship, I could not be married,
have children, or live the way I do in the community.
My life as I know it is possible because allies
have listened, spoken up and helped to make
meaningful changes to society that allow me to
embrace my identity. Allyship is not only about
protection but is also central to acceptance. I
go to work every day dressed in “menswear”. I
would not be able to do that if I didn’t have allies.
I feel comfortable being who I am in the workplace
and that is because of allies who promote
and accept me. Allies are our bridge to people
who may be resistant to hearing from queers. Allies
can never underestimate the power of their
voice.
BMS: Allyship is so important because it leads
to a more equal sharing of responsibilities and
burdens associated with the hard work that goes
into counteracting systemic barriers. Allyship is
essential to creating a more inclusive and supportive
environment for everyone. This is not
only the right thing to do; in my view, it also
produces healthier, happier, and more effective
teams and workplaces.
JMM: Effective allyship in any organization
should clear the path to success for the best
people in the organization. If we can successfully
remove barriers to inclusion, we are removing
needless impediments to our employees’ or our
colleagues’ successes, which can only serve to allow
stars to shine and organizations to make the
most of a diverse talent pool. Allyship is not just
important, it’s vital.
How can lawyers be allies?
(she, McHenry her), Mathers
Mathers Jennifer
McHenry & Company
Mathers McHenry & Company
JMM: I think it is very important to think of allyship
as an action, not an identity; it is something
you do, not something you are. At work and in
BMS: Within their organizations, lawyers can
mentor and sponsor junior lawyers, distribute
opportunities within the organization equitably,
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and advocate for policies and programs
that foster diversity and inclusivity.
Outside their organizations, lawyers can
provide pro bono services to cases and
organizations that lift minority communities,
or volunteer for causes that make our
courts, law schools, professional organizations,
and systems more accessible and
inclusive for everyone, regardless of their
background or immutable characteristics.
Ultimately, there are as many ways for
lawyers to be allies as there are lawyers —
there is no one size fits all.
TD: A small action that lawyers can take to
show their allyship is voluntarily including
their pronouns in their email signatures,
Zoom name, Twitter profile etc. Regularly
identifying your pronouns is a way to signal
to the queer community that you are an
ally. Lawyers have demonstrated their allyship
to me by stepping back from speaking
on a panel to make room for more diverse
voices. I have also experienced allies
speaking up for me in instances where, if
I was the only voice, it may have seemed
as though I was being “overly sensitive” or
that my cause was without merit. At the
core, lawyers can be allies by creating an
environment where queers can thrive as
their genuine selves.
JMM: There are two sides to allyship: correcting
for the negative impacts of discrimination
and creating positive change.
We can correct the negative by calling
out unconscious bias and discrimination
or microaggressions when we see these
things happening. I think we are getting
better at understanding that those with
privilege have an obligation to speak up to
create change when we see microaggressions
or discrimination happening, but I still
hear stories of colleagues doing and saying
nothing when the person who requires correcting
is in a position of power. Collectively,
we need to do better on that front.
We can create meaningful change with positive
acts of allyship by:
• being respectful of others’ identities, and
not assuming that everyone we meet has
the same experience or identity as us;
• being willing to learn and listen to those
we seek to support but also willing to do
the work to learn – it is not the job of every
person to explain their life or culture to us;
• remembering that no group is a monolith:
what one person finds acceptable or
even supportive may not be what another
person values or would benefit from; and
not getting defensive when we are advised
that something we said or did was harmful
or hurtful.
Being an ally is not a free-pass or a shield from
criticism. We all make mistakes, we all have
biases, and we all have much to learn.
THE ADVOCATES’ SOCIETY
MENTORING GUIDE
The Advocates’ Society (TAS) has always embraced mentorship as one
of its core objectives, and strives to promote and foster mentorship
through its educational programs and other initiatives to create a variety
of mentorship opportunities for its members.
In conjunction with the launch of our new mentoring portal, we are proud
to present our revised TAS Mentoring Guide. We hope this guide will be
a valuable resource as you navigate your next mentoring relationship,
whether in micro-mentoring sessions on the new TAS portal or other
mentoring relationships at TAS and beyond.
Ed. note: TAS Diversity and Inclusion Standing Committee
(DISC) published the Guide for TAS Leadership About
the Use of Gender Inclusive Language that can be read
here.
TAS members can view the Allyship in Advocacy program
free on the TAS Member Resource Library here.
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MENTORING
Word to the Wise: Making
the Most of the TAS
Mentoring Portal
• Tell me about your workplace. How many
people are you working with? Who do you
work most closely with? Do you have an
assigned or informal mentor at your firm?
If so, how is that relationship working for
you?
• Are you wrestling with an acute issue now
that needs priority attention?
• What are you looking for in a mentor?
• Who do you currently turn to for guidance?
What do you value most about the
guidance you receive from that person?
• Where do you see yourself and your practice
in five years?
• What’s your definition of success?
• What are your top priorities right now?
• What do you see as the primary obstacles
to achieving your goals? What have you
tried so far to overcome those obstacles?
What worked? What didn’t work? Why?
How can TAS members participate in the
new TAS Mentoring Program?
The new mentoring program was launched in
January 2023 and is open to all TAS members
to participate as mentors or mentees. TAS
Junior Members are automatically signed up
for the new Mentoring portal and can set up
their accounts by going here.
Members 5+ years of call interested in
being a mentee in the program can register
here.
TAS members 10+ years of call are welcome
and encouraged to sign up to be a mentor.
Simply go to your member profile to opt in as
a mentor or email membership@advocates.
ca and TAS staff will sign you up.
Our approach to mentoring changed over the course of the pandemic with the switch to
remote work. We can no longer rely on casual office pop-ins, chance encounters at the
coffee machine, or walks back to the office from court as the prompt and pretext for daily
mentoring. Instead, we need to be more deliberate about creating and nurturing these relationships.
Further, with the proliferation of virtual communications, mentees are no longer
bound by geography or by the confines of their own workplaces, and suddenly have a much
bigger pool of potential mentors to learn from.
Against this backdrop, The Advocates’ Society has reinvigorated its Mentoring Portal with
a view to fostering mentoring relationships among advocates across Canada. The Mentoring
Portal connects advocates for discrete or continuing mentoring sessions in a way that
provides scores of mentoring sources for mentees without overloading individual mentors.
To make the most out of the precious time you carve out for mentoring, it’s a good idea
to come to sessions equipped with conversation prompts designed to spark meaningful discussions.
Here are some effective prompts specifically tailored for mentors using the TAS
Mentoring Portal:
• Tell me about yourself. Where are you from? What drew you to law?
• Tell me about your practice. How would you describe your advocacy style?
• What do you like best about your practice? What’s the best part of a typical day at work
for you? What are the biggest challenges you face in practice? Are you dealing with any
chronic irritations that keep you from enjoying your work?
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Q. What drives you insane?
A. Criticism for criticism’s sake.
Q. What gives you sanity?
A. Order; personal connection; exercise.
Q. Podcast recommendation?
A. Armchair Expert with Dax Shepard. The November
Yuval Harari episode is a good start.
Q.Pets: Yes? No? What kind?
A.Yes! Easiest question on the list.
Dogs, all dogs. There’s a dog on Instagram
who talks using buttons. Check it
out: @whataboutbunny. It’s
fascinating stuff.
INTERVIEW
Interview with Erin Best
(she/her), Stewart McKelvey
Compiled by Joe Thorne (he/him), Stewart McKelvey
Erin Best is a partner at Stewart McKelvey in St. John’s. A past chair of Stewart McKelvey’s Newfoundland
Litigation Group, Erin specializes in civil litigation, insurance, municipal law and intellectual property. Erin
sits on the Law Foundation Board of Governors, the Muskrat Falls Project Land Use and Expropriation
Arbitration Panel, and the board of the Rooms Corporation where she chairs the Inclusion, Diversity, Equity
& Anti-Racism Committee. She is a past chair of the Canadian Bar Association’s National Intellectual
Property Section.
Q. Any pre-game rituals before court?
A. I’m not superstitious, so I don’t have lucky
shoes or cufflinks. I am an early dog walker so
I never go to court unwalked. I’ve heard it said
that a walk is a litigator’s best friend.
Q. Most proud moment as a litigator?
A. I argued before the Supreme Court of Canada in 2021. The panel
grilled me but I was there for it. I felt great about the whole thing. I
guess they did too because all nine justices took my side.
Q. Restaurant recommendation for out of
town counsel?
A. This is an easy one. We have an abundance of
fantastic restaurants in St. John’s. There’s a real
foodie culture here. My personal favourites include
Terre for the chef’s menu, Mallard Cottage
for the skin-on fish, Waterwest for small plates,
Merchant Tavern for cocktails, crab and fries,
Basho for sushi, Toslow for coffee, The Grounds
for the best fresh veg...I could go on.
Q. During your commute
to work you are...?
A. Um, what commute?
Sorry, Ontario.
Q. TV/movie lawyer you most relate to and why?
A. I’ve never seen a TV lawyer I felt I could relate to at all. Maybe I’m not watching enough TV. The show
I most relate to is Baroness Von Sketch. Everything they do is on point. Have you seen the Work Emails
sketch? Dry Shampoo? Hilarious.
Q. Most embarrassing moment as a litigator?
A. Ha! There are so many. In a conversation with our Chief Justice I once repeatedly said ‘congenial’
when I meant to say ‘collegial’. I still cringe when I think about it. But hey, at least I didn’t say ‘congenital.’
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Q. What word or phrase do you most
overuse?
A. The honest answer is not fit for print.
Let’s just say my nans would not approve,
God rest their souls.
Q. Your key to staying healthy in a
stressful profession?
A. Regular bouts of solitude.
Q. How long from the time you wake up in the morning to the time you first look at your
phone?
A. I don’t sleep with my phone on my nightstand, and I turn off all notifications at night, but I do pick up
my phone about 20 minutes after I get up because I keep a daily journal in my notes.
Q. Preferred social media platform?
A. Instagram is the only one I like. I hate the ads though. I would pay for fewer ads.
THE SIX WORD CHALLENGE
Q. Using six words, no more, no less, finish this sentence: What has surprised me the most over
the past year is ....
A. How quickly the story can change.
Q. Favourite vacation spot?
A. The south of France is my happy place.
Q. Other than files, name 3 things that are always on your desk.
A. Paper calendar; Lamy fountain pen; notepad with a handwritten quote from the latest good
book I’m reading.
Q. Your best advice for young litigators just starting out?
A. Enjoy what you do. Be enthusiastic about it. Everyone wants to work with someone who’s
having fun.
Q. A food you can’t stand?
A. Craisins. If I were queen of the world, there would be no craisins.
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What is important for sales and business development?
• Because my first step in selecting a litigator is going to my trusted long-time corporate lawyer, a litigator’s
internal referral network is really, really powerful and you need to have the respect of your
colleagues.
• Be there as soon as I call. When I’m looking for a litigator, I have probably shortlisted 4 or 5 lawyers.
An immediate response to my first connection to you makes a massive difference. Then I can start to
assess immediately, understand how big of an issue I have, and the adrenaline will decrease.
• As soon as I’ve reached out to you, start being my lawyer. In that first call, talk about the problem and
give legal advice. Accurately describe the probabilities of what is going to happen and the potential
paths. Give me a plan right away. I understand that it may change.
EVENT REPORT
Do you have any specific advice for women lawyers?
Straight From the
Dragon’s Mouth
Christopher Lee (he/him), Loopstra Nixon LLP
• I have never thought of being a woman as a disadvantage. You can be more memorable because you
are less common.
• Bet on yourself. In Clearco as a start-up, certain employees could decide how much of their compensation
was variable and how much was fixed (equity versus salary). I was surprised by the data. Most
guys would take as much as they could in equity. Women wanted almost all cash. As a result, many
more men became millionaires. The way you can make a lot of money is by betting on yourself. In my
experience, women don’t do this enough. They should bet on themselves more and bigger.
On March 8, 2023, the Management for Litigators group of the 10+ Standing Committee hosted
a fireside chat with tech titan Michele Romanow. Michele started six companies before her 35th
birthday. Since 2015, she has been a “Dragon” on CBC’s hit show Dragons’ Den. She is the Co-founder
and Executive Chairman of Clearco which has invested more than $5 billion into 10,000+ companies.
For TAS members who missed the program, the archive is available on the TAS Member
Resource Library here. Below are a few tips from this Dragon.
How do you decide what to prioritize?
• Make a list of three important things to do in a day. Most of us don’t get three important things done
in a day. Get the top two important hard things done first thing in the day. That really creates a lot of
momentum for the day. If you don’t get the top three right, you get caught up in tasks all day.
• Learn to emotionally switch effectively. I may have an employee quit at 2:30 pm and have to give a
speech to 150 people at 3:00. I have to instantly switch into being high energy and inspirational even
though I’m upset. Litigation is similarly performative. Plus, the angry brain figures out much less than
the calm brain.
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BUSINESS OF LAW
Partnership Bound
Christine Ashton (she/her), Wilson Vukelich LLP
Come January of each year, countless lawyers make the exciting change to their profiles and
bios, switching their titles from Associate to Partner. And every year, many other lawyers find
themselves tactfully inquiring as to their status on the partnership track. Before you reach the
altar, ask yourself: What does it mean to say “I do” to being a partner? And is it something that
is right for you?
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Is a Partner Really a Partner?
When a friend updates their LinkedIn to reveal
they are now a “partner” at their firm,
they may not actually be a partner. Confusing,
right? In the legal profession, we have created
two different categories of partners: equity
partners and non-equity partners, also known
as “income partners”. An equity partner is a
lawyer that is a part owner of the firm. This is
akin to being a shareholder in a corporation.
By contrast, a non-equity partner is an employee
of the partnership and is not actually
an owner of the firm, even though they may
enjoy some of the privileges of a partner. At
some firms, there is more than one category
of equity partner.
There are many reasons why a law firm may
decide to have different types of partners.
The promotion to income partner can help an
associate grow into equity partnership, by letting
them become familiar with the role prior
to being an equity partner. They can also
be offered the title of partner as a way of signalling
to associates that they are on track to
becoming an equity partner. Further, non-equity
partnership can be used to retain talent
and induce lawyers to stay with the firm, even
though they may never join the equity partnership.
In addition, non-equity partnership
can be used to attract outside lawyers to join
the firm, by giving them the desired title, without
letting a new lawyer at the firm own equity
before proving themself internally.
What’s the Buy In?
To become an equity partner, you will need
to purchase your partnership interest. The
amount required varies from firm to firm.
At some firms, the amount required will feel
about as painful as a mortgage. At other
firms, equity partners can defer a portion of
their draw each year in lieu of making an equity
contribution.
To purchase your partnership interest, it is
most common to either secure a loan from a
financial institution or to refinance your mortgage.
To reduce any hurdles and hassles, if
you are considering equity partnership you
should speak with your firm’s management
and/or the lawyers at your firm who most recently
became equity partners to learn more
about the commitment and financing available
to you.
So, You’ll Make More Money as a Partner,
Right?
Many assume that as an income or equity
partner, they will see a substantial jump in
how much they earn. While this ideally should
be the case, the reality is that it is not always
so. Being a partner means sharing in the risks
of operating the firm. For some, adjusting to
the partnership compensation structure will
be challenging. As such, before signing on the
dotted line and accepting a partnership offer,
you should take the time to become familiar
with the partnership’s compensation model
and practices. These vary substantially from
firm to firm, both for equity and non-equity
partners. Figure out how much compensation
you are likely to earn based on your practice
at the time the offer is made to help you decide
if it is right for you.
In any given year the partnership will generate
income (or - barf - a loss). How the partnership
splits up that income is decided by the
partners and hopefully established in a written
partnership agreement. For some partnerships,
equity is evenly divided amongst
the partners and the compensation model is
either based on the partners receiving equal
draws or on income being distributed unevenly
based on various considerations (e.g.,
set percentages for introducing and responsible
lawyers, and billing lawyers’ time). For
other partnerships, equity is divided unevenly
amongst the partners (e.g., junior partners
may have a lower portion of equity and senior
partners may a higher portion) and the compensation
model is based on the partners receiving
a share of the profit proportionate to
their equity.
The timing of partnership draws and income
distributions varies from firm to firm.
Typically, partners receive draws from the
partnership income throughout the year and
then distributions of additional income once
the final profits (or losses) for the year are
calculated and allocated amongst the partners.
For some firms, partnership draws are
made consistently and routinely throughout
the year, with the final undistributed income
from the previous year being distributed the
following year. For other firms, draws and distributions
may be more sporadic, and the final
distributions may not be made until well
into the following calendar year. Ideally, the
draw will be more than enough to sustain
your month-to-month household costs while
the final distributions go towards savings and
payment of tax instalments.
In addition, some partnership compensa-
24 25

tion models have punishment and reward
measures triggered by specific events like a
partner’s failure to collect a substantial portion
of their billings or a partner’s success
in bringing in significant new business. The
punitive measures can include temporarily
pausing or reducing the partner’s draws or
distributions, and the rewards can include increasing
a partner’s draws.
Given the above, if your finances are dependant
on a consistent and substantial deposit
to your bank account, your firm’s partnership
compensation model and practices
may be disastrous for you. You may find that
your own book of business would result in you
earning the same as you did as an associate
(but now you also have a partnership capital
loan). Or you may find that the firm’s lengthy
schedule for paying out distributions would
be too much for you to bear (especially when
you have to pay the taxes on partnership income
that you have not yet received). Or you
may find that your own practice management
issues would see you constantly subject to
pauses in income distributions. All of this can
mean that a partnership at your firm is not
right for you. And all of this confirms the need
to ensure you understand the partnership’s
compensation model and practices before
becoming a partner.
What about Tax?
For non-equity partners, taxes are assessed in
the same way as they are for associates. As
employees of the partnership, and not owners,
non-equity partners’ income is reflected
as employment income on a T4. By contrast,
equity partners earn partnership income as
reflected on a T5013. A common misconception
is that equity partners are taxed on their
draws. This is not true. They are taxed on the
portion of net revenue of the partnership that
is attributable to them based on the partnership
agreement. This means that equity partners
may have to pay tax on income attribut-
ed to them, even if it is more than has already
been distributed to them.
As part of becoming a partner, one of the
big decisions that you will need to make at
some point is whether to practice through a
professional corporation. If you are a partner
without a professional corporation, then
you will be a self-employed individual for tax
purposes. You will receive the partnership income
distributions directly, without any tax
deductions. As such, you will need to carefully
ensure that you set aside roughly 35% - 45%
of what you receive to satisfy the eventual tax
bill.
If you practice through a professional corporation,
then you will be employed by your
professional corporation. Your professional
corporation will receive the partnership income
distributions, without any tax deductions.
Your professional corporation will then
pay you a salary, bonuses, and/or dividends.
When your professional corporation pays you
a salary or bonuses, your professional corpo-
ration will need to promptly remit payroll taxes
and CPP. Both you and your professional
corporation will need to file a tax return.
With a professional corporation, there are
more options to achieve tax efficiencies. However,
if you plan on paying yourself every cent
that your professional corporation receives,
there is likely no advantage with having a professional
corporation. Whether you should be
a partner through a professional corporation
is a complicated question that you should discuss
with your accountant.
What Will be Expected of Me as a Partner?
Some of the things that made you a successful
associate and valuable member of the firm
will continue to serve you well as a partner.
However, there will also be new expectations
that measure success and value as a partner.
As a partner, you now sit at the table where
a plethora of decision-making responsibilities
ultimately rest – from who to hire, to what IT
expenses should be incurred, to how to handle
a tax reporting issue, to how to deal with
a low-performing associate, to what the marketing
budget will be, to how to address allegations
of inappropriate conduct, etc. How
these responsibilities are divided and handled,
will vary firm-by-firm. At some firms, responsibilities
will be given to committees or
department leaders. At other firms, there is a
collaborative and flexible approach to who is
doing what. Whatever the structure, you can
prove yourself as a valued partner by taking
on partner-level responsibilities where appropriate.
Before launching into a suggestion
at the partners’ table, take the time to first
understand the background of the priorities
and initiatives that are already in the planning
stages, or that have been attempted without
success before. And also keep in mind – a firm
can only take on so many initiatives in a year.
Is this the initiative you want to champion or
are there more important things you will want
to speak to?
No matter how the partnership responsibilities
are divided at your firm, as a partner,
you will be expected to bring in business
not only for yourself but for other lawyers in
your group, and you will be expected to play
a role in ensuring that the associates are successful.
This includes ensuring that work is
properly delegated to associates, that associates
receive support and mentorship, that
performance issues are addressed, and that
succession planning is addressed. When you
are at the top of the ladder, the expectation is
that you will help those beneath you climb up
as well. All of these additional responsibilities
will take time away from your billing practice,
which could affect your attributable income
and draw size.
Given the above, don’t jump into a partnership:
take the time to understand what it will
mean for you and evaluate whether it is right
for you.
26 27

EDITOR’S OUTGOING MESSAGE
Reflection on Four Terms of
Advocacy Matters
Tamara Ramsey (she/her), Dale & Lessmann LLP
After four terms as part of the editorial team
and three terms as Editor, this is my last issue
of Advocacy Matters. I am graduating from the
10+ Standing Committee having practiced law
for twenty years, and now it is time to pass
the torch. 1 It has been a tremendous privilege
working on Advocacy Matters, and I want to
take some space on these pages to reflect on
the last four years and the contribution that I
hope Advocacy Matters has made to 10+, TAS
and the profession.
The mandate for Advocacy Matters is to feature
content by and for mid-career advocates.
Our content reflects the lessons learned from
having practiced for more than ten years, with
the optimism of advocates who intend to keep
practicing for at least another 10-20 years. Our
mission, which informs our editorial and writing
choices, is to curate a vision for the profession,
and particularly for our 10+ demographic, as we
want it to be.
Representation matters. This is a recurring
theme that permeates through every issue in
the last four terms. Representation not just in
sourcing members to participate in interviews,
roundtables, event reports and other pieces
but also in the topics we write about. We cover
difficult topics like anti-black racism, microaggressions,
allyship with LGBTQ2S+ advocates,
judicial bias, sexism, cultural competency, and
advancing reconciliation. We highlight and amplify
the work that TAS and 10+ are doing to address
these complex topics.
Representation matters to me. It’s a message
that strikes close to home: I am a white woman,
my spouse is Asian, and our family is mixed
and blended. The work we are doing today to
address racism, unconscious bias and microaggressions
is important not just for advocates
practicing today but also for my children in the
future. My children may have many privileges
but none of those privileges will matter if they
are denied opportunities because of their part-
Asian ancestry. More importantly, they will face
immediate barriers to entry and challenges to
their self-esteem and sense of belonging if they
do not see themselves reflected in the professions
that they ultimately choose for themselves.
I am proud of the work we have done at
Advocacy Matters to advance the cause of representation,
and of diversity and inclusion more
broadly, for the betterment of the profession at
large, and hopefully, for my own children one
day.
While our work tackles weighty subjects, it
has not been all doom and gloom. For every
heavy piece, we also offer up some practical
tips focussed on solutions, and we inject levity
and humour in every issue. I am always happy
to pen something on the lighter side and to
have advocates from across the country answer
interview questions about their favourite song,
how they commute to their office and other fun
stuff. Our curated vision of the profession reminds
us not to take ourselves too seriously.
On that note, I thought I would end by sharing
28 29

esponses to a few of the questions we ask
when interviewing advocates:
My favourite song: Blue by Joni Mitchell.
My most unusual job: I taught ballet and creative
dance many years ago and then during
the pandemic shared my personal blend of
Yoga and Pilates with friends and family via
Zoom.
My most embarrassing moment as a litigator:
The judge made it clear that they were not
with me, so I threw myself at the mercy of the
Court asking the judge not to punish my clients
for my failures. I had seen someone do this effectively
in Court a few weeks earlier, but it did
not work for me. I have regretted it ever since
and I have never done it again.
The last book I read: The Sleeping Car Porter
by Suzette Mayr.
A food I cannot stand: Pineapple. Never have,
never will. Eww.
My best advice for young litigators just
starting out: If you have something important
to say, take a deep breath, say it, and make
sure people hear you saying it. If it does not
work the first time, try again, and again…
Notes
1. Congratulations to Megan Keenberg who will be transitioning from Deputy Editor to Editor for the next term.
Where will you practise this summer? Lakeside dock? Sunny balcony? Backyard
oasis? Or somewhere further abroad? Share your #MySummerOffice photos
on Twitter and tag @Advocates_Soc or email to mail@advocates.ca and you
may be featured in the Summer issue of Advocacy Matters!
30 31

THE ANNUAL ALBERTA GALA GALLERY
April 20, 2023 | The Hudson, Calgary, AB
Full house at the Hudson!
Cheers to Alberta advocacy!
Master of Ceremonies Tamara Prince, Cassels Brock & Blackwell
LLP and Sue Remmer, McLennan Ross LLP, recipient of The
Alberta Excellence in Mentoring Award
After Party at the Annual Alberta Gala
Enjoyable moments captured in
the photobooth!
Sue Remmer, McLennan Ross LLP, recipient
of The Alberta Excellence in Mentoring
Award with TAS President Peter W.
Kryworuk, Lerners LLP
Marie T. Henein, LSM, Henein Hutchison Robitaille LLP,
delivering the keynote address
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