'If you have found what you believe is your recipe for fulfillment, live it vigorously ... exhaust yourself'

The late chief justice Charles Dubin – one of Canada’s most esteemed advocates and jurists – and one of the most respected mentors and inspirational models for my generation of lawyers – would – on auspicious occasions such as this – pause – look out at those assembled – sigh and simply say – “What a day – what a day.”

What a day today is for me – I am humbled by the honour which the Toronto Lawyers Association has so generously bestowed upon me and humbled to be included in the distinguished list of previous recipients. Receiving awards from your peers for perceived contributions to our profession and to the administration of justice – is overwhelmingly gratifying – indeed exhilarating. But at the same time the notion of lifetime achievement creates a sense of unease – if not grave concern. Has your executive had a private discussion with my family physician – do they know more about my future than I do? Why aren’t they waiting another five or 10 years when the word “lifetime” may perhaps be less equivocal?

What a day for my family – my wife Marla - my son Jared and daughter-in-law Ally – my daughter Jenna and son-in-law Arthur –all of whom when told that my remarks were restricted to 10 minutes – broke into hysterical laughter - reminding me that I was incapable of even introducing myself in that timeframe – lucidity occasionally - but velocity has never been one of my social strengths. What a day for my sister Rosann – the only earned doctorate in our family – not suprisingly in criminology – who recently retired as the executive director of the center for the study of law and society at Berkeley - and is with us this evening.

What a day for the members of my law firm – both past and present – many of whom are also in attendance – all have played a critical role in any success which I may have enjoyed – and any recognition that I might deserve. They have for many years been responsible for the daily obligation of winding up the key in the middle of my back to ensure that I still make sense.

What a day for the Greenspans – the legacy of our father who came to Canada in 1928 at the age of 13 and who by 1939 had received his BA in law from the University of Toronto and completed a year at Osgoode Hall - when family obligations and the war overtook his ambitions – the legacy of our mother – whose commitment to her three young children – her decency and extraordinary work ethic – particularly after our father’s untimely death in 1957 – were inspirational. The legacy of my brother Eddie - whose extraordinary contributions to our community and to our profession are legendary – it is difficult to believe that five years have now passed since the last of our almost daily conversations.

And what a day for our family’s roots in Niagara Falls – although a Torontonian for almost 55 years - I continue to maintain a deep affection for our hometown – appreciating that the values - the principles and the camaraderie developed in Niagara so strongly influenced our future – a tough working class immigrant border town – where we were presented with a clear choice – crime or criminal law.

I was asked to convey a brief message to the association – some words of wisdom. I considered discussing my concern with the diminishing role of oral advocacy and its adverse effect on the adversarial process – rejected as too serious and academic. I considered discussing my concern with Ontario’s proposed legislation which threatens judicial independence - despite some superficial amendments – rejected as too political. I considered discussing the future viability of legal aid and the preservation of the certificate system of independent counsel so vital to Arnup and Martin - the architects of publicly funded legal assistance in our province – rejected as a lost cause. Having rejected these issues of concern - I decided that my concept of lifetime achievement could best be expressed as a cheerleader at a lawyers’ pep rally.

Art Buchwald – the great American humourist – in a caustic address to a group of lawyers observed that: “the legal profession is an honourable calling - some of you defend poor, helpless insurance companies who are constantly being sued by greedy, vicious widows and orphans trying to collect on their policies. Others work tirelessly to protect frightened and beleaguered oil companies from being attacked by depraved consumer groups.”

I have always embraced a more romantic – perhaps maudlin – and intolerably elevated perception of our profession. The defenders of democracy – the voice of the oppressed – the guardians of social justice. The concept of being called to the bar – conveys a sense of mission – a dedication to the public good – accompanied by conviction and principle. The concept that our profession is a calling – symbolizes the commitment of our predecessors who were animated by the precept – “let right prevail.”

Almost 46 years ago, I was called to the bar – and with naïve optimism – I believed passionately – that in the words of John F. Kennedy - we stood on the edge of a new frontier – the frontier of unfulfilled hopes – of promises and challenges. I have not been disappointed. I am fortunate that I was both an observer and a minor participant in the social changes of my generation of lawyers – when social change and law reform became a theme of our daily professional lives – and which permits me to say without reservation – that I am as devoted and dedicated to my role in the administration of justice today – as enthusiastic and energized by my work – as I was when I was called to the bar on March 29, 1974.

The celebrated American comedian George Burns once remarked: “I’d rather be a failure at something I love than a success at something I hate.” Perhaps that sentiment motivates this message. I am not promoting failure – I was not driven by a desire to fail – but equally I was not driven by the desire to succeed – merely to succeed. Nelson Mandela observed that: “there is no passion to be found in playing small – and settling for a life that is less than the one you are capable of living”.

If you have been as fortunate as I have – to have found what you believe has been your recipe for fulfillment – live it vigorously –play it hard – exhaust yourself. Your colleagues – your mentors will admire your work ethic and enthusiasm – your clients will value your dedication and commitment. You can establish your own standard of excellence – your yardstick of success – your personal award of distinction.

Our community and the legal profession are enhanced when we approach every assignment with a sense of purpose – with the objective of not only doing good work – but doing it right – doing the best job possible with wholehearted zeal.

In choosing criminal litigation – both Eddie and I were unquestionably inspired by the eloquence of the great advocates - whose biographies were shelved in our late father’s library. We were perhaps seduced by the smell of the greasepaint and the roar of the crowd and the challenge of executing a successful cross-examination. But the true test of success in our profession is the commitment to be passionate about your work as a lawyer whether engaged in trusts and estates law – mergers and acquisitions – family law or real estate transactions. The common denominator for virtually all the best lawyers – is that the best are passionate about their calling as members of the legal profession. They are committed to serving their clients – every time out – with diligence – with honesty – with integrity – and with a reasoned passion for the proper operation of our justice system and the rule of law. As Benjamin Franklin observed almost 250 years ago – “if passion drives you – let reason hold the reins.”

I am not totally insensitive or blind to the collateral damage which this devotion to professional obligation may cause – the innocent casualties – your partners – your friends – your families. I also appreciate that there are compelling arguments that the best lives lived incorporate a balanced lifestyle. Perhaps – surprisingly – there is a body of social scientific literature – to which I desperately cling - which also suggests that an individual who is passionate about their occupation - achieves both greater work and extra workplace satisfaction – that professional passion is psychologically healthy and promotes positive family relationships. Happiness is largely a by-product of doing what makes us feel fulfilled.

The opportunity – if not the obligation to pursue your passion – that is the message that I urge you to nurture – to espouse – to promote – throughout your professional life - in the pursuit of justice for your clients – in the pursuit of excellence in the quality of the legal services you provide – in the pursuit of the vitality and enrichment of legal education – and in the pursuit of collegiality and common purpose with your fellow lawyers.

Although the journey - and indeed the discovery of that passion may enrich the profession - may endure to the benefit of our justice system – and advance the public good - it is your passion – which will truly enrich your lives - and transform “what a day” into “what a life.”