Canadian Lawyer

w w w . C A N A D I A N L a w y e r m a g . c o m J u l y 2 0 1 4 21 of the name by the regulator, for example, it may not be absolutely necessary on every piece of marketing material. The underlying factor for the law societies is to ensure names adhere to a level of "decency" that represents the legal profession and don't misguide the public. Each law society's rules differ some- what and each has certain requirements. Trade names have crept into Nova Scotia over the past 20 years or so, where you can find Beyond The Box Law, Resolute Law, Eastern Shore Law Firm, and Mac Mac and Mac. They weren't so much permitted, but simply weren't prohibited since the Nova Scotia Barristers' Society decided it should focus more on public interest as opposed to name regulation. NSBS executive director Darrel Pink sees the evolution of names developing parallel to the profession's removal of its advertising ban. He recalls a situation about 30 years ago when a lawyer was forced to remove a rate list posted in his window, spurring the advertising conversation. While there have been discussions about names, he says there have been no name problems linked to the organization's role of protecting the public. "We got rid of the concept of good taste, because it didn't make any sense to us that the regulator should define good taste," he says. While its code of conduct makes no reference to good taste, the name rules do, but it's simply not been an issue. Legal businesses in Nova Scotia are required to stay within the basic boundaries of not being deceptive, not using superlatives such as "the best", and staying away from including something in the title that could change, such as a QC. When it comes to professional cor- porations, the title should have an element indicating law or legal. In Ontario, there's a distinction between law firms and profes- sional corporations. Law firms can simply register a trade name, while professional corporations must apply to the law society beforehand. Conduit Law's Carayiannis feels it should be one way or the other for everyone. "It makes no sense that professional corporations are required to obtain prior written approval of their name choice from the LSUC, while allowing sole proprietorships and partnerships to self-police," he says. He also feels the results of the process are inconsistent. "The standard is that the name be true, verifiable, and not misleading to the public. However, the exemption for surnames is so large, that it eviscerates the rule. For instance, lawyers with the surnames Best, Smart, and Wise could name their firm Best Smart & Wise Law. This name both fits the exception to rules and could mislead the public, as well as suggesting that the lawyers at this firm are better, smarter, and more wise than other lawyers." The distinction exists because professional corporations are a different type of entity and can take advantage of other rules. The Law Society of Upper Canada wants to ensure through that process the owner is a lawyer, says Diana Miles, executive director of pro- fessional development and competence. While a lawyer is allowed to operate a law firm using his or her name, it can be the subject of a complaint if someone takes issue with that name. Miles uses the name John Best as an example, resulting in Best Law Firm. But Best Law PC could prove to be a concern for the law society. "If someone by the name of John Best wanted to use his name for a professional corporation, we would strongly encourage him to use John Best Law Professional Corp. or J. Best Law Professional Corp., or something similar. However, if the licensee was insistent, and the law society determined that it would not approve the professional corporation name because of the potential for it to be misleading, there is a right of appeal to a committee of benchers." Miles has seen increased use of trade names and the recogni- tion by lawyers of paying attention to their position and brand- ing, particularly in this very competitive market with consumers who are savvy and have ready access to a great deal of informa- tion. "You need to appeal to those consumers," she says. What is important to the Law Society is that the name doesn't offend the legal profession, isn't misrepresentative or mislead the public, and clearly reflects what the firm is doing. Jeremy Hessing-Lewis is in the process of registering his new Vancouver law firm name with the Law Society of British Columbia. Working as a technical director with Skunk Works, a marketing firm geared at lawyers, has given him plenty of expo- sure to the name game. As he establishes a traditional wills and estates firm, he began the naming process by doing corporate and trademark searches followed by a Google search. Temporary name approval requires him to be a lawyer, list the articles of the legal corporation, and provide the names of the shareholders. And then he'll need to register. "With this proposed firm name, there's an interesting point," says Hessing-Lewis. While he's done much of the preliminary work, until his chosen firm name is registered, there's a chance the law society could say it may reflect people's names. So until it's deemed acceptable and he can continue to use it to brand his firm, he's decided to keep it close to the chest. New Edition Canadian Guide to Uniform Legal Citation, 8th Edition McGill Law Journal Online access with your print purchase* Now you can consult the "McGill Guide" anytime, anywhere, simply by going online. 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