Clough is a longtime elder law advocate
Emily Clough is the new managing partner for Clark Wilson LLP. She’s thinking about the future, whether managing the firm with new challenges in the post-pandemic times or advocating for legislative changes to deal with the growing issues of elder law in our aging population. Clough joined the firm in 2017 as a partner and leads the elder law group.
“I enjoy what I do,” says Clough. “I want to learn new things and help my firm through these tricky times. How do we form the policy that makes sense for our people? We want our firm to be reflective of all our people and find their version of greatness.”
Leadership in post-pandemic era
The pandemic disrupted many of the processes and culture of law firms, and the post-pandemic transition hasn’t been easy. Significant challenges include a difficult economy, a workforce looking for hybrid or remote options, maintaining workplace culture, and integrating technology.
“We’ve learned to connect while we were apart, but lawyers are used to being together in person,” says Clough. “How do you keep the culture of caring for one another and doing exceptional client work in this environment?”
Clough’s tenure will include working on succession planning, strategic planning and how to care for staff. One of her interests is improving mental health. “Everyone saw that it’s important to take care of our mental health,” she says. “We need to try to be more flexible and supportive of our people.”
Access to justice issues in elder law
Clough grew up seeing law as a helping profession. She first became interested in elder law as an undergraduate student, teaching a course about disability and self-management for people with cognitive disabilities.
“It was about having better experiences with their lives,” she says. “Some people have significant disabilities, and it was so joyful to see them learn and thrive.”
She first came across wills and estates and elder law when she was articling at Alexander Holburn Beaudin + Lang LLP. Clough is part of several organizations that advocate for seniors. She is the former board chair for the Canadian Centre for Elder Law and the BC Law Institute and volunteers as vice president of Health Justice, an organization working on legislative reform about health care.
Clough says there’s a growing need for legal reform in elder law. With Canada’s aging population, there will be an increase in Alzheimer’s and dementia. The Alzheimer Society of Canada predicts that there will be a 51 percent increase in new dementia cases by 2030. One of the significant issues with dementia patients is their capacity and ability to make decisions.
“The way the law works in BC, we look at capacity as whether you have it or not when it’s not black and white,” says Clough. “You can have capacity in some areas but not in others. Most people can do some things but need support. To see capacity as on or off is not reflective of reality. We need to be more nuanced in the law.”
Supporting people with dementia
Family members looking for legal help face a justice system that’s expensive and time-consuming. For people looking for court orders related to health or financial issues, time delays can be detrimental to families. “Elder law exacerbates the access to justice issues we already have,” says Clough.
Several organizations are working on policy reform. The BC Law Institute is running a multi-year project about engaging with people who live with dementia in decision-making. Autonomy and dignity are vital in advocating for people who have capacity issues. “There’s a balance between individual autonomy and protecting people from themselves,” says Clough. “There’s a balance point in helping our older adults, families and community members. We have to find a way to create that balance.”
