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In conversation with Rebecca Durcan In conjunction with the Toronto Lawyers’ Association Honsberger Award presentation in Toronto on February 29, 2024 at Ricarda’s, Evan Thompson spoke with Rebecca Durcan, Co-Managing Partner at Steinecke Maciura LeBlanc and this year’s Award recipient. |
TLA: What initially attracted you to the legal profession?
Rebecca Durcan: I always wanted to be a lawyer. I may have watched too much LA Law when I was young, but being a lawyer always intrigued me. I did not grow up around lawyers. My family moved to Canada from Ireland when I was one. My father was a physician so I thought I was going to break new ground by going into law. I only later discovered that there are several Durcan lawyers in Ireland. So much for being a trailblazer.
When I was young, I likely saw lawyers as advocates – who were always talking. I was regularly told that I talked too much. And that I was assertive. And possibly bossy. These traits have proven to be great characteristics as a lawyer (although I will submit that what was once viewed as “bossy” was merely my youthful passion to get things right).
TLA: What personal strengths do successful lawyers share?
Rebecca Durcan: Integrity and complete clarity about what they will and will not do. The lawyers I have come to respect have unwavering integrity and exemplify the professionalism that one should expect from every member of the profession.
Empathy is another characteristic that seems to be consistent with successful lawyers. Their ability to listen to and understand their clients, opposing counsel, and their colleagues, results in an ability to manoeuvre through stressful situations.
Having boundaries is also important. Lawyers who can set boundaries for their health, families, and life outside law seem to have longer and more successful careers. It took me far too long to learn the importance of boundaries. I encourage young lawyers to set boundaries as early as possible. It is a muscle that needs to be developed as lawyers tend to put client and colleague needs ahead of their own.
Resilience is another trait that I witness in successful lawyers. Every file will not result in a win or a success. There will be losses and setbacks. But the successful lawyers do not let the stumbles define or defeat them.
One of the people I really respect would learn from stumbles and view them as opportunities. He did not get angry. He would not make excuses. He simply reviewed what went wrong so that he could incorporate that lesson into the next file. He would then share that experience with others so that they would not suffer the same stumble. I try and incorporate that mindset and remind myself that when a file or a case does not go the way I originally envisioned, there is a lesson that I can learn. And that I can share.
TLA: Can you share some moments in your career that brought you great satisfaction?
Rebecca Durcan: When I was articling in 2000, I had the pleasure of working on the Walkerton Inquiry which delved into how and why residents died from drinking from the water supply. I lived in Walkerton for three months. Although my role and input were minimal, I was able to witness titans of lawyers (including, as she was then known, Eleanore Cronk) advocate for the public and their public interest clients. I was instantly smitten. To have the public interest as your bedrock, and to assist clients in protecting and serving that purpose, sounded like a dream job.
I eventually left Walkerton and returned to Toronto and a more traditional health law practice. The job was interesting and allowed me to work with and learn from wonderful lawyers. But Walkerton and the Inquiry were never far from my mind.
It took me eight years to get back to the Walkerton experience and that occurred when I joined SML in 2009. I felt like I had come home. I was able to marinate in public interest ideals and assist clients whose mandate was to serve and protect the public interest. I felt like I won the lawyer lotto.
TLA: What about moments that tested your resolve to first become and remain a lawyer?
Rebecca Durcan: Ten years ago, I was involved in a highly adversarial hearing. The allegations involved devastating conduct towards a vulnerable client. But what was more problematic was the opposing counsel who was caustic and rude with not only myself, but towards the vulnerable client and other witnesses. I remember dreading each day of the hearing. The subject matter and opposing counsel made me question if this is how I wanted to spend my career. Everyday was a struggle and the anxiety was overwhelming. My three sons were very young and I queried if this was the right job for me at that stage of my life.
This story is (unfortunately) not unique and it highlights why people leave the profession. It reminded me of the importance of professionalism with opposing counsel and that one can be a great advocate and not devolve into rude or unprofessional behaviour. That lawyer has since retired and I hope with him the ways in which he practised (and note that despite his unprofessional conduct at the hearing, his tactics were not successful. His client was found to have engaged in the conduct and was revoked from the profession).
At the beginning of my career, I was told that I could be either a committed parent or a committed lawyer. But I could not do both. In articling interviews, I was asked if I planned on having children (clearly inferring that this would be viewed as a negative). We have lost generations of fantastic lawyers because they were forced to choose between parenthood and law. I believe that this is finally changing and the profession is realizing that the practice of law cannot be the sole pillar in a life well lived.
When I joined SML, Julie Maciura, one of the founding partners of SML, called me and said straight up that I could do both. I could be a great lawyer and a great parent. And she was right. With her support (and that of Richard Steinecke, Bernie LeBlanc and all my colleagues at SML) I have been able to enjoy a fulfilling career and enjoy my favourite role – mum of Harry, Jude and Teddy. Julie, Richard and Bernie created a firm where you could do fulfilling work with wonderful clients but not sign over your life to the firm. SML recognizes and appreciates the value of boundaries between work and play (or playing with your kids). I love being able to continue their legacy.
TLA: How did you resolve issues that challenged you in the practice of law as you went along?
Rebecca Durcan: I remind myself that with the good days, there will be bad days. And then just move forward. That could include reaching out and asking for help. When I was young I was reluctant to do that. Now I know that I cannot do it on my own and there is a wealth of knowledge out there so I should ask and learn.
It could also include me taking the time to assess the situation instead of instantly reacting and assuming the worst. We have no idea what other people are facing and I remember this when I interact with a difficult or troubled person.
My son, Teddy is autistic. One of the best things that has happened in my life is having a neuro-diverse child. Teddy is my North Star. He has helped me avoid placing my personal standards on people and judging them by the way they speak or send an email. This helps me in my job as I learn to be kind in all areas of my life.
TLA: Do you have any advice for aspiring lawyers regarding what they might expect on their journey and how to deal with challenges and peak moments alike?
Rebecca Durcan: Find a firm that respects boundaries. Associates at my firm are encouraged to book vacation and set “me time” aside for personal pursuits in advance. This career can trigger burnout. It is imperative that this is recognized and that steps are taken to avoid that from occurring.
I often tell young associates who are close to leaving the profession to not leave – but to down-gear. They have worked so hard to become a lawyer and they have so much to contribute to the profession. But there are times in life when you cannot successfully discharge all your roles. So ask if you can work at a reduced capacity. Consider positions that will allow you to remain in the profession but in a different role. When or if you are ready to gear up? You can do so. But if young lawyers leave the profession at the outset, they will likely never return. And that is a huge loss.
I will be forever grateful to SML that they initially offered me a position that allowed me to work at 80% capacity. This kept me in the profession. I was able to fulfill my responsibilities as a mother to two young boys and learn and grow as a lawyer. I was then able to gear back up.
It is also important to remember that a lot of these decisions are being made by lawyers who are exhausted and depleted. That is not the time to decide you simply want to quit. Remember that in order to make meaningful and informed decisions, you need to be in the right head space. And that cannot occur when you are burned out.
TLA: What are some of your favourite pastimes that you feel enhance your ability to practise law?
Rebecca Durcan: Running most mornings outside for mental and physical health keeps me sharp. I try to run at least 10 km each morning but will fit in long runs on the weekend. I ran my first marathon last year and I loved finishing it (to be honest, if you had asked me during the marathon I would not have been as enthusiastic).
TLA: Who are two or three people who have influenced and helped guide you over your career thus far?
Rebecca Durcan:
Julie Maciura. She has drawn the map on how women can balance love for the profession and her family. Speaking personally, I am a better lawyer because of my motherhood experiences and a better mother because I work as a lawyer.
Richard Steinecke. He demonstrates that you can be an excellent and effective lawyer while still acting with integrity, professionalism and kindness (I often think WWRD: what would Richard do?)
Miriam Young. Her clarity on the importance of mental and physical health has impacted how I live and practise law.
And Teddy! He has taught me to acknowledge the complexity of others. I no longer apply my personal standard. I now recognize that reactions and interpretations of others are formed by a multitude of factors.