Changing attitudes in the old boy’s club

Susan Kurtz defies old definitions and boundaries. —Photo by Tanya Laing Gahr

by Tanya Laing Gahr

Susan Kurtz is a lawyer, mediator and notary public, a founding member of the Collaborative Law Group of Nelson, a past president of the Kootenay Bar Association, a past executive member of the CBA Women Lawyers Forum in B.C. and the past president of the Nelson Rotary Club—as well as a yoga instructor. Her passion for finding peaceful resolution and positive outcomes for her clients—and providing no-court, supportive options for divorcing couples—has been the driving force behind her practice. In fact, collaborative law is something that Kurtz believes has been greatly influenced by the feminine perspective. “I think it’s because of the influx of women into law,” said Kurtz of resolution law practices. “(This) is only the second generation of women lawyers and women judges and women in the law, and I think the influx of women (is influencing) changes in society—and this new way of resolving disputes that is being introduced worldwide.” The holistic approach to family law is changing the dynamics of divorce and custody disputes, though bringing other lawyers into the fold can be challenging. “Practising collaboratively is in complete opposition to the way lawyers are trained,” said Kurtz. “Lawyers are trained to win.” Championing the benefits of collaborative law has often been a difficult path for Kurtz, who has faced opposition both because of the nature of collaborative law and because she is a woman in a traditionally male-dominated field. “The experience of being a woman in law is so different than most people could appreciate,” said Kurtz. “We’re at the frontier of the old boys’ club. We’re at the frontier of moving those concepts that have been in place since the time of the Normans.” Kurtz noted that while 50 per cent of the graduates from law schools in Canada in recent years have been women, only 17 per cent of private law practitioners are women. “The question is, where are the women?” she said. “Do they get driven out of the profession? And the answer is yes. There still is the glass ceiling.” Kurtz said women in law often find themselves ostracized by male lawyers and judges, but there is growth—albeit slow—in the law community. “It’s definitely evolved since I’ve been here,” she said. “There’s likely to be women appointed to the bench in the next year. It is happening—but the wheels of justice turn slowly.”

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