Amy Salyzyn

Queer Insights on Women in the Legal Profession

In the past decade, members of the legal profession in Canada and other common law jurisdictions, including England and the United States, have directly engaged the question of how to retain women in private practice environments. As a result, the ‘retention of women’ discourse has emerged as a dominant lens through which issues of gender equity in the legal profession are identified and analysed. The goal of this article is to build upon existing critiques of the ‘retention of women’ discourse by asking what insights Queer theory might bring to ongoing debates about the ‘retention of women’ in the legal profession. The analysis charts the rise of the ‘retention of women’ issue in Canada and other common law jurisdictions and connects the ‘retention of women’ discourse with Queer legal theory. Drawing on select tenets of Queer theory, the article then considers how the ‘retention of women’ debate reconstitutes conventional notions of lawyer professionalism and recasts the boundaries of ‘insider’ and ‘outsider’ lawyers. The article concludes, first, that Queer theory is a useful theoretical lens though which discussions about the ‘retention of women’ in the discourse of legal professionalism can be meaningfully examined, and, second, that a Queer theory lens reveals fundamental limitations of existing approaches to the ‘retention of women’ question in the common law world.

John Rambo v. Atticus Finch: Gender, Diversity and the Civility Movement

The need for increased civility has been a recurring theme in conversations about lawyer professionalism in the United States and Canada over the last several decades. In addition to having many advocates, however, the civility movement has also been subject to criticism. In large part, the critiques made to date have focused on the problems or risks created when civility rules or guidelines are enforced against lawyers. This article takes a different focus to provide a complementary, yet distinct critique. The object of analysis is the discourse of the civility movement. More specifically, the assumptions and concepts of lawyer professionalism embedded in our conversations about civility are explored.Upon review, the discourse of the civility movement reveals a dominant narrative framed in terms of competing masculinities: the aggressive, testosterone fueled Rambo-lawyer is cast as the anti-hero to be vanquished against renewed calls for the return of the gentlemanly Atticus Finch. I argue that this ‘Rambo-Finch narrative’ is hostile to inclusive understandings of lawyer professionalism in three inter-related ways: (1) it renders women and other ‘outsider’ lawyers largely invisible; (2) it romanticizes past discriminatory concepts of lawyer professionalism; and (3) it reflects anxieties about the destabilization of traditional, exclusionary claims or modes of authority in the legal profession. The exclusionary understandings of lawyer professionalism contained in the Rambo-Finch narrative should be of concern to those interested with improving gender equity and diversity in the legal profession as there is good reason to believe that this discourse translates into ‘real world’ consequences in how ‘outsider’ lawyers are viewed and treated within the legal profession.