THE ADVOCATE 691
VOL. 80 PART 5 SEPTEMBER 2022
Is it not it time to question our belief that the quintessential litigator is
one who relishes the fight, is articulate and calm at all times, does not break
a sweat under pressure, is proud of how little sleep they require to function,
makes light of disturbing subject matter in the case, does not complain or
admit that it bothers them to spend so much time away from family, friends
and other social connections when in a long trial? We see these behaviours
as inherent character traits and even boast about them. What we fail to do
is talk honestly about these behaviours and the toll they can take. They may
lead to success for a period of time, but they can also lead to burnout, disillusionment
and depression.
The myth of the gladiator litigator also leads to feelings of imposter syndrome.
Imposter syndrome is doubting one’s abilities and feeling like a
fraud, a feeling like you do not belong in the profession or your workplace,
or they made a mistake in hiring you. It can cause tremendous pressure to
perform or work excessive hours to prove your worth. This feeling too can
lead to burnout, disillusionment, anxiety and depression. Put simply, the
myth is harmful to mental health.
I will set out below some tips that individual lawyers can use to tackle the
image of the gladiator litigator, but first, I want to look at some of the facts
behind the myth.
First, the reality is that litigation has historically been done in Ontario by
white men. The litigator was supported at home by a spouse who assumed
the lion’s share of household and child-rearing work and at work by a loyal
secretary and support staff. This litigator saw himself reflected in the faces
of the judiciary and the lawyers opposite. He was not immune to the hardships
of living up to the gladiator myth but did not bear the psychological
scars of acts of exclusion—sometimes subtle and sometimes not so—that
women, Indigenous, Black and racialized lawyers, and members of other
marginalized groups experience in their day-to-day experiences as litigators,
in the workplace, client meetings and the courtroom.19
Feelings of isolation, uncertainty and stress experienced by Black,
Indigenous, racialized, LGBTQ2S, women, those with different accents and
internationally trained lawyers are too frequently viewed as an individual
issue rather than understood as the result of subtle acts of exclusion.20 It is
hard not to feel like an imposter where a person’s feelings of not belonging
are exacerbated by signals that they were never supposed to be there in the
first place. Overcoming imposter syndrome requires an environment that
fosters a variety of leadership styles in which diverse racial, ethnic and gender
identities are seen as just as professional as the current model.21 There
is not one litigation style that wins the case. We risk losing excellent advocates
if we continue to hold up an unattainable and inaccessible model.