Representing Vulnerable Clients with Serious Mental Health Issues – a thankless task? Nah – a Privilege!

It’s one of those days where I am taking a moment of silence in my house to reflect on the little things, you know, like the meaning of life.

Today’s topic: Work.

Sure, my job is stressful. Yes, there are miserable tasks like legal aid billing. For sure, it’s something I feel like I’ve been sentenced to. It’s a fact of life – if I want to pay the bills, I have to bill. OK, so some drudgery involved.

Yes, it’s not the highest paying job in the world. Sure, Judges and Crowns make lots more money and sure, Bay Street partners are raking in the millions or whatever. But I am not starving. My kids have a roof over their head. We have food on the table. We have a car. We have saved for their university education. We are FINE! We want for none of life’s necessities – it’s more than my early childhood held for me and more than I quite imagined. It’s certainly a very far cry from being poor. It is more than enough.

But never mind money – here is the thing that makes it all worthwhile.

This fall it will be 32 years I’m at the bar.

Almost every day of this entire career I have litigated in one forum or another.

And I say this without a trace of irony – I have never, not once, been bored.

No matter what – even if I think I have no case at first – I go into that hearing room and by the time it’s over I have convinced myself 100% that my client’s position is the only reasonable outcome – that I am right. And I will fight to the end – go to the wall for that client and that result.

I’ve never lost track of the evidence or tuned out or felt like I couldn’t be bothered to listen or be present or think what to say or do next. I am constantly thinking. I wouldn’t describe it as restful, per se, but it’s not unpleasant in the least – it’s a healthy intellectual engagement that I find “fun”. Never dull anyway.

I had a long day of hearings the other day and one matter concerned a client who was smarter than all of the rest of us in that hearing room put together – I did everything I could for him and he appreciated every nuance of the legal arguments. It was such fun. Then shortly thereafter a client who struggles with many issues including cognitive impairment that is serious. His hearing took many emotional turns, where I wanted to cry but then had to laugh, for a host of reasons – all of them absolutely and purely human.

It is an absolute privilege to work with my clients. They trust me with the intimate details of their lives. They talk to me about the most difficult personal challenges they face. They lean on me to help when nobody else can or wants to. And I am endlessly interested in what’s happening. And in making people who hold power over them explain themselves. To my client and to me. Holding them accountable – also fun. For me. Not so much for them, probably.

I really don’t know how many people can say they wake up every morning excited about what’s on for the day. The WORK day.

Not just the litigation but the writing, teaching and publishing I get to do – but client representation is the highest calling.

Real people – real problems – a real opportunity to stand tall along the clients and have their back.

I am genuinely moved by and grateful for the work I have the honour of doing.

Today is a good day.

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About Anita Szigeti

• Called to the Bar (1992) • U of T Law grad (1990) • Sole practitioner (33 years) • Partner in small law firm (Hiltz Szigeti) 2002 - 2013 • Mom to two astonishing kids, Scarlett (20+) and Sebastian (20-) • (Founding) Chair of Mental Health Legal Committee for ten years (1997 to 2007) * Founding President of Law and Mental Disorder Association - LAMDA since 2017 * Founder and Secretary to Women in Canadian Criminal Defence - WiCCD - since 2022 • Counsel to clients with serious mental health issues before administrative tribunals and on appeals • Former Chair, current member of LAO’s mental health law advisory committee • Educator, lecturer, widely published author (including 5 text books on consent and capacity law, Canadian civil mental health law, the criminal law of mental disorder, a law school casebook and a massive Anthology on all things mental health and the law) • Thirty+ years’ experience as counsel to almost exclusively legally aided clients • Frequently appointed amicus curiae • Fearless advocate • Not entirely humourless
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