BarTalk December 2021 | Criminal Law

Page 5

EXECUTIVE DIRECTOR KERRY L. SIMMONS, QC

Learning to Unlearn “It takes curiosity to learn. It takes courage to unlearn. Learning requires the humility to admit what you don’t know today. Unlearning requires the integrity to admit that you were wrong yesterday. Learning is how you evolve. Unlearning is how you keep up as the world evolves.” — Adam Grant, organizational psychologist and author

Unlearning” can be hard work. We are witnessing our profession evolve as we learn more and then unlearn what we used to know to be true. It can be daunting. As lawyers, we gravitate to the certainty of laws, rules, systems, and structure. That framework helps us to navigate the unpredictability of human behaviour, to provide a sense of control in the face of chaos. What we are learning these days is how often “the rules” don’t work for groups of people, and how the rules need to change. Pick any big topic in the legal profession: access to justice, equality & inclusion, workplace management, reconciliation, law school education, selfgovernance of the profession, associate development, lawyer compensation, non-lawyer legal services, mental health. In a discussion of any of those, we are taking a hard look at the status quo and exploring what we didn’t really know about, in order to achieve better results and experiences.

The exploration of what we know starts with listening to other people. What is their perspective? What is their experience? What do they need? What is the problem? What is the goal? Truly listening. Exercising humility. Getting vulnerable and admitting we don’t know everything. Oh no! Not vulnerable! Lawyers are raised up to resist anything that might lead to a perception of vulnerability. Isn’t vulnerability in any form the exact opposite of what we and others expect of lawyers? Surely strength, confidence, control, and assertiveness are required at all times? Well, no, they aren’t. At least not in the form we might traditionally expect. Courage, humility, integrity all reflect strength, and all those are required for unlearning. President Jennings’ column this month explores how we can pursue learning by asking and listening to others and accepting that information. Having those one-to-one conversations, to listen and accept, is critical to unlearning in order to keep up. The big issues in the legal profession require not only the unlearning, but building new models to create systemic change. Recently the Access to Justice BC Leadership Group heard from MIT systems scientist and author Peter Senge. He reminded us that leading systems change is not always comfortable. And that’s okay. It is how it is supposed to be.

Critical to change is to stop, look around, and consider who isn’t in the room as you have the discussion of the day. When we discuss access to justice, do we have the people needing the system present? When we build a Reconciliation Response Plan for our firm, do we have Indigenous voices sharing knowledge? When remodeling lawyer compensation systems, have we listened to all the lawyers, or just the law firm owners? Mr. Senge shared a “systems awareness iceberg.” Above the water is an event or system which is what we see. Below the water are patterns and behaviours, underlying structures, artefacts, and mental models. Those three things continue to prop up the iceberg. When you examine those patterns and behaviours by listening to people and understanding their perspective, you can start to dismantle structures, change behaviours, and replace the artefacts and mental models with ones that will support a new or different system. Again, not easy tasks to undertake, and certainly not comfortable. As we conclude 2021, I invite you to set for yourself the task of unlearning something over the next year. To listen to another’s perspective, especially one which does not usually have a place in your day to day. You’ll keep up as the world evolves.

Kerry L. Simmons, QC

ksimmons@cbabc.org DECEMBER 2021 / BARTALK 5


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Articles inside

Annual Report and CLBC’s 30th Location

2min
page 33

BarMoves

3min
pages 34-36

I’m Not a Miracle Worker. I’m a Janitor

3min
page 31

So what technologies are out there for a criminal lawyer to run their practices?

2min
page 29

Tackling Racial Disparities in Legal Education

3min
page 24

Commercial Crime

3min
page 25

Cannabis in Canada

6min
pages 22-23

Calls to Decriminalize Simple Drug Possession Expand as Overdose Epidemic Worsens

3min
page 21

The Secret to Getting Engaged

3min
page 20

Professional Development

1min
page 19

Gladue Principles and Indigenous Identity

3min
page 14

Making Settlement Conferences Work for Unrepresented Litigants

3min
page 18

Elder Abuse and Neglect

3min
page 17

Indigenous Children, Youth, and Family Identity

2min
pages 15-16

Failure to Obey Court Orders

3min
page 13

Advocacy in Action

2min
page 9

Learning to Unlearn

3min
page 5

Transformative Justice and Gender-Based Violence

3min
page 8

Working With Your Regulator While Police Watch

3min
page 7

Having the Difficult Conversations

3min
page 4

One Size Does Not Fit All

3min
page 12

Defending White-Collar Crime Cases

3min
pages 10-11

Imprisonment, Truth, and Reconciliation

3min
page 6
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