Work that Works

What is Work that Works?

Episode Summary

What drives productivity? Why and how does dysfunction creep into today’s workplaces? Why do some lawyers thrive while certain demographics are leaving the profession at alarming rates? These are often-asked questions and the inspiration behind Work that Works. In this episode, OBA President Charlene Theodore shares her experience as a workplace lawyer, and a black woman in law, and shares her vision for how the legal profession can capitalize on the opportunities before us to enrich our discourse, enhance our workplaces, improve legal services, and ultimately enhance access to justice.

Episode Notes

What drives productivity? Why and how does dysfunction creep into today’s workplaces? Why do some lawyers thrive while certain demographics are leaving the profession at alarming rates? These are often-asked questions and the inspiration behind Work that Works. In this episode, OBA President Charlene Theodore shares her experience as a workplace lawyer, and a black woman in law, and shares her vision for how the legal profession can capitalize on the opportunities before us to enrich our discourse, enhance our workplaces, improve legal services, and ultimately enhance access to justice.

Episode Transcription

Charlene Theodore (00:14):

Hello, and welcome to the Work that Works Podcast. I'm your host, Charlene Theodore. Before I begin I want to acknowledge that I'm recording this episode from the Dish With One Spoon territory. I'm grateful to the original owners for taking care of this land and I recognize the treaties that govern it. Knowing that our listeners span the country and are tuning from other areas with their own treaties and unceded territories I encourage you to continue learning more about the indigenous history in your community. It is important history and a story that continues.

Charlene Theodore (00:51):

In many ways learning from the past is what led me to create this podcast. I've been considering past behaviors, experiences, tradition and history. And the uncomfortably numb feelings of living in the status quo at this time. And, you know, I can't help but think that there's something more that we can be doing right now to make the world just a little better. So together, over the next several episodes, we are going to take a look a lawyers' work places. Those that have stayed true to time-honored and well-steeped traditions and those that are on the cutting edge of change and success. And those that are somewhere in between. I want to investigate what's working well and what's not working well in all kinds of workplaces so that we can make workplaces better for lawyers and the communities we serve. Let me tell you why.

Charlene Theodore (01:43):

First, I am a lawyer with a background in human rights, public policy and government relations. And I currently serve as in-house counsel to one of the largest teachers associations in Ontario. All of this to say I've spent a large part of my career focused on workplaces. Viewing operations from both the management and the labor sides. I am a workplace lawyer. I know workplaces. I've seen the unifying sense of purpose and desire to contribute and succeed that drives every team member working towards common goals. And I've also seen the obstacles that thwart, frustrate or otherwise derail and dampen this grand ambition we all have for our workplaces.

Charlene Theodore (02:26):

I know there are better ways. And these are thoughts that I've been mulling over for some time. What drives productivity, for example? Why and how does dysfunction continue to wreak havoc in today's workplaces? Why are some workplaces so well poised to let their lawyers and staff thrive, while others lose lawyers and staff at alarming rates? If things have worked well in a workplace for decades can those same processes stand the test of time, even with budding and emerging technologies changing the rest of the world around us? And what if we had everyone in our firms and organizations fully engaged in their work, feeling supported and empowered and performing uniquely at their highest levels? What could our firms and our profession achieve? I've been asking myself these questions for too long. You know, then came 2020. And I realized it's time to stop thinking these big thoughts and time to start acting. 2020 is a year where everything turned upside down.

Charlene Theodore (03:28):

Every law firm, lawyer and workplace is having to reimagine how they do their work, serve their clients, and find balance. And I see an opening here to talk frankly about what's working and not working in legal workplaces, and to provide a helping hand in figuring out what's possible, how to make change happen, and most importantly, to give lawyers the careful abandon to do their very best work.

Charlene Theodore (03:54):

Every law firm, lawyer and workplace is having to reimagine how they do their work, serve their clients and find balance. And I see an opening here to talk frankly, about what's working and not working in legal workplaces, and to provide a helping hand in figuring out what's possible, how to make change happen, and most importantly, to give lawyers the careful abandon to do their very best work.

Charlene Theodore (04:18):

2020 has also been a year of reckoning, as we all bear witness to the social uprising towards issues of systemic racism I'm encouraged by the broad willingness I've seen to examine and challenge some of the social contexts and structures in which we operate. This podcast will dive deep into those issues, highlighting the flaws in our current systems, and shining a light on ways that we can rebuild so that our workplaces and indeed our society can function more cohesively.

Charlene Theodore (04:45):

Finally, in 2020, I became president of the Ontario Bar Association, an association of 16,000 lawyers. Lawyers with national and international reach. You know, I feel it's only prudent to use that platform that's available to me right now to effect change in any way that I can. As a lawyer who knows workplaces and a black woman in law, I am acutely aware of how the legal profession has oftentimes failed to effectively court and capitalize on diverse talent, missing out on valuable and varied perspectives and approaches that would enrich discourse, improve legal services and ultimately enhance access to justice.

Charlene Theodore (05:25):

This is a shortcoming that exists both within the justice sector and the world over, where Black, indigenous, and people of color are too often marginalized and excluded to the detriment of organizations, institutions and systems, and those that they are charged with serving, representing or protecting. And these are the very reasons why I'm doing this podcast. There is a reason to change. And I believe that by working with the OBA, the largest voluntary network of lawyers in the province, we can help effect that change by bringing you the fresh ideas, the practical tools, and the education required to do better. Better for the lawyers who make up our profession, and better for the clients that we serve.

Charlene Theodore (06:08):

I also believe that lawyers can be an example to other professions of what is possible, especially those professions that we work most closely with. As skilled problem solvers and stewards of justice we can be the ones to set the ambitious but achievable goals to foster diversity, and eliminate biased thinking and behaviors that are harmful, exclusionary and quite frankly, destructive. At a time of social awakening, when we are all re-imagining workplaces thanks to the global pandemic, I believe that lawyers have an unparalleled opportunity to do what we do best. And that is to find practical and productive ways to build a society that is centered on equality and that serves us all.

Charlene Theodore (06:51):

Which brings me back to Work that Works, and the question of how we can effectively transform the spaces where we all spend most of our time and energy. Making workplaces that work in my mind begins with inclusion and hinges on equality. But it doesn't stop there. There are many components that go into creating a workplace that empowers lawyers to excel. I'm talking about healthy workplaces that work for everyone. Workplaces that work for managing partners, principals, managers, as well as the associates and employees that they employ. Because the more we can move away from a monolithic boardroom culture to a collaborative one that effectively channels the contributions of a diverse workforce, the more productive and rewarding our work will be.

Charlene Theodore (07:35):

Workplaces that work for junior lawyers, recent calls as well as seasoned professionals, because we need to be sure that we are bringing out the very best of a lawyer's skill and experience at every stage of their career. Workplaces that work for equality seekers and allies, because quite frankly, we all have a role to play in creating inclusive workplaces, just as we all reap the rewards of diverse and engaged ones. Workplaces that work for clients and the underserved. Because the opportunities to take on interesting work and apply our talents where they are most needed, allow us to hone our legal skills while making a meaningful difference. Workplaces that work for the human workforce and technology, because we're not working in opposition.

Charlene Theodore (08:20):

And if we've learned one lesson over the last few months it's that technology can create great value in the provision of legal services, and really augment lawyer and client satisfaction. Work that Works is all about finding the balance between a healthy, inclusive workplace culture, and a profitable business model that also impacts society and the clients it serves in a positive way. If we can define those ingredients, then develop the recipe and provide the tools for firms to bake them into a reconstituted work environment that sustains, supports and inspires lawyers best work, then we might all become more effective stewards of justice. What a ripple effect that would be.

Charlene Theodore (09:01):

I really believe that our best chance for a just society is diverse and dedicated lawyers working at their best. As a workplace lawyer, I have seen firsthand what happens when people are given equal opportunity to contribute, to participate and to succeed. They benefit, clients benefit, their employers benefit, everyone benefits. And it is my great hope that this podcast will help highlight the opportunities that exist for the legal profession. Lawyers have been among the central characters in every chapter of society's progress, from equal education and equal voting rights, to marriage equality and free speech. And so let this be the next chapter in our own story of progress.

Charlene Theodore (09:46):

This episode that you're listening to right now is simply my introduction, the trailer, the preview of what's to come, but over the next few months, we are going to get real. We're going to talk to lawyers, clients and other professionals. We will talk to the visionaries and change-makers from across sectors who have led and lived the kind of progress I hope we all aim to affect, in enabling and empowering people and organizations to perform optimally and at the cutting edge. We all know there are flaws in our systems. And at the end of the day, if people have doubts if that system is working, that's a problem we have to address. From stories within our own profession like Hadiya Rodrique's essay about being black on Bay Street, or the headline grabbing commentaries on the state of society and how far we still have to go.

Charlene Theodore (10:33):

Like the story of Masai Ujiri, who even at the height of his success with our beloved Toronto Raptors, was still reduced to a black man standing in front of a police officer when it came down to it. Or the simple fact that indigenous people still continue to be over-represented in Canada's prisons. There are some people for whom the current structures and systems just aren't working. The challenges exist in our society, in our institutions, and they exist in our workplaces. Yet I know firsthand that lawyers have the resolve and the resourcefulness to make things better. I've witnessed, in fact, I've lived so many examples of this ingenuity in action.

Charlene Theodore (11:16):

I've seen lawyers step up and work to eradicate barriers and expose exclusive or marginalizing biases, whether it's advocating for representation on the bench, petitioning for the gender neutral robing rooms, or talking openly, finally about the mental health supports for the profession that we all need. I have seen what happens when lawyers are given equal opportunity to contribute, to participate and to succeed, they benefit, clients benefit, their employer benefits, everyone benefits.

Charlene Theodore (11:48):

As someone who in my career has negotiated both the management and labor sides of the table, who has a fairly intricate and expansive knowledge of what unifies and instigates best results I know that inclusion is only the beginning. There is even more untapped potential in legal workplaces that, if unlocked, will be a powerful force and formidable example to other professions. I know no better problem solvers than lawyers. So that is what this podcast is about. Because change can start with us. This podcast will be the mirror that we can hold up to ourselves. Let's look at what systems and structures of our own we can start working on.

Charlene Theodore (12:26):

Let's talk about organizational objectives that may be in competition with each other. Are there tactics we can deploy that will maximize the work of all lawyers, whether they're in house or in private practice, a firm of 500 or a solo practitioner? I believe there are. The disruption that this pandemic has wrought on the conventional work model offers us an opportunity to take the things that have become fragmented and rebuild it, so that it works more cohesively, and positively for all involved. It is my sincere hope that this podcast will offer listeners compelling stories that not only inspire, but that make the hard case that things ought to change.

Charlene Theodore (13:06):

Each episode will provide templates and how-tos for making that change happen. You'll benefit from hearing results-oriented case studies featuring the leaders in action who are effecting real changes in their organizations. And I suspect you'll enjoy some lively debates along the way. No one said change is easy or comfortable. There's going to be some debates as we go and that's okay. We're lawyers, we look at all sides of the issues at hand. But through it all, we'll be thinking critically, together. And we'll be thinking creatively together about how and why our workplaces can and should be setting us up for every success.

Charlene Theodore (13:44):

This podcast is for every lawyer, no matter how junior or senior, no matter how large or small your firm or practice. Together, we'll find out who really benefits when we make space for change, and move past doing things because they've just always been done a certain way. The way I see it, when lawyers are sent fighting fit into the world, there is no challenge we can't tackle. We can clear obstacles, devise solutions and drive progress, whether it's strengthening the economy, championing human rights, serving families or leading legislative reform.

Charlene Theodore (14:20):

I'm looking forward, and I hope you are too, to the probing interviews and insights that will emerge to provide us with a practical path forward in our re-imagining of today's legal workplaces, and revealing opportunities that we may not have considered, but are easier to act on than to ignore. I truly believe that the best hope for a just society is lawyers at their best. And the most important factor to ensure lawyers are at their best is a healthy workplace. I look forward to discussing this more with you and many others in the weeks and months to come. And I thank you for taking the journey with me. Let's make change happen. Let's make work that works for all of us. Until next time.