The most widely read magazine for Canadian lawyers
Issue link: https://digital.canadianlawyermag.com/i/50800
regional wrap-up New advertising age for N.S. lawyers he Nova Scotia Barristers' Society's plans to make the province a leader in the area of legal advertising are moving forward more slowly than antic- ipated. But the tortoise is still anticipated to win the race. Last summer, the regu- lation of law firms task force proposed significant amendments to the society's advertising regulations as well as to chapter 20 of the Legal Ethics and Profes- sional Conduct: A Handbook for Lawyers in Nova Scotia. "They are proposing a fairly exten- sive overhaul of our advertising regu- lations," says NSBS executive director Darrel Pink. "We will adopt some of the best thinking in the country on this." The amendments, which are mod- eled after regulations now in place in Alberta, first made their way to the NSBS Council last September but were referred to the ethics and professional responsibility committee after concerns over language were expressed. (Words such as "reasonably" and "specialist" raised red flags). The amendments have now made their way back again to Council, with moderate success. Council has approved the proposed amendments to chapter 20 of the handbook but have deferred final consideration of the regulations until its next meeting. Among the changes that have been approved are those to the types of legal advertising that are acceptable in Nova Scotia. Gone are phrases like "of a digni- fied nature" and "in good taste." These have been replaced by more straight- forward language that requires ads are "true; accurate; verifiable; in the best interest of the public and consistent with a high standard of professional- ism; and . . . not misleading." "The marketplace has changed," says Pink. "It's a much more sophisticated marketplace." The changes will relax what were strict rules on advertising. For example, under the old require- ments advertising by a lawyer or a firm could not refer to the quality of the legal service provid- ed. It could not claim any "superiority" over any other practising lawyer or law firm. Nor could it "use any language" that indicated a lawyer had been a judge. All that is now gone. of the service they are pro- viding; give a precise state- ment of the fee charged; and indicate whether this fee includes disbursements and, if not, what and how much the disbursements might be. As well, law- yers and firms cannot use words like "minimum" or "simple" or ". . . and up." The cost of legal servi- NSBS executive director Darrel Pink. What remains is a one- sentence restriction: "The marketing of legal services by a practising lawyer or law firm shall not use the words 'specialist,' 'specializing,' or other words to suggest a specialty or expertise in an area of law." When it comes to advertising fees, always a contentious issue, the new requirements mirror the old. Lawyers must still provide an accurate statement ces can be a thorny issue especially in a tight econ- omy and may be one area in which lawyers look to differentiate themselves from others. They cannot do it on ser- vice, notes Pink. "It is almost impossible for one firm to say their service is better than anywhere else. We're not dealing in commodities." — DONALEE MOULTON donalee@quantumcommunications.ca star Céline Dion and television celeb- rity Julie Snyder — all three Quebec women are advocates of fertility tech- niques that helped them have children. Through her personal experience, M legal training, and political clout — she is vice president of Premier Jean Charest's Liberal party — Joizil is lead- ing a drive to make the treatments affordable for all families. While cost is less of an issue for the 32-year-old associate at Fasken Martineau DuMoulin LLP and the two celebrities, it can be prohibitive for the average person at approximately www. ontreal lawyer Karine Joi- zil has something in common with international singing $10,000 per treatment — with a suc- cess rate of only about 20 per cent. Joizil and Snyder have been among the most vocal proponents pushing the government to foot the bill for the first two attempts through the provincial health insurance agency, the Régie de l'assurance maladie du Québec. Their efforts contributed to the government promising in November to invest $35 million for in vitro fertil- ization with the hope it will raise the sagging birth rate by approximately 1,500 annually. "This should satisfy the couples waiting, it's good news for them," says Joizil. "I feel I personally really had an influence. "It's a special cause, the biggest I've mag.com APRIL 2009 7