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 F e b r u A r y 2 0 1 5 17 Law Review, called, "Examining the Websites of Canada's 'Top Sex Crime Lawyers': The Ethical Parameters of Online Commercial Expression by the Criminal Defence Bar." The paper con- cludes: "A significant subset of lawyers who advertise legal representation ser- vices to individuals accused of sexual offences engage in commercial expres- sion that may be inconsistent with the limits and guidelines specified in their professional codes of conduct." Craig analyzes defence lawyer web sites that promote the acquittal of clients who appear to be factually guilty, trivialize sexual violence, and misstate the law or contain misleading and confusing legal information. Advertising has a lot to do with the legal profession's reality/rhetoric disconnect. Lawyers should be free to advertise, but I understand why, for so long, provincial bars were reluctant to allow this to happen. Advertising encourages excess. For example, these days, if you ride the Toronto subway, you'll see advertisements for immigra- tion lawyers. Posters in subway cars say things like, "Giving you and your family a happy life in Canada!" with pictures of parents hugging their kids. If a Toronto bus backs into you, as you fall to the ground you may notice an ad on the back of the bus featuring a smil- ing man in a suit, who happens to be a personal injury lawyer, extending his hand and offering you swift justice. The immigration and personal injury bars are important, for sure, but unregulated claims by them or any other lawyers lead to unrealistic expectations. What about much-maligned busi- ness lawyers? You don't get much self- promoting flowery rhetoric from these guys. They don't often clamber up onto the soapbox and spout grandiloquent phrases. But they could, and they do have a story to tell. Here's how it goes: Business lawyers are the oil in the machine. They smooth the way for the operation of the vast capitalist system that creates wealth. They inject order and certainty into commerce, and help settle disputes that would otherwise be economically debilitating. Those who specialize in intellectual property pro- mote and protect invention and ingenu- ity that we all benefit from. Even dull old property lawyers, busy registering titles, make it possible to borrow against real estate and thereby help unlock vast wealth that would otherwise be unpro- ductive. And so on. That's the rhetoric. The reality is somewhat different. As I've often said, business lawyers spend a lot of time helping the rich get richer. And, as Thomas Piketty has argued in his now- famous book, Capital in the Twenty- First Century, the rich are indeed get- ting spectacularly richer. There has never been greater inequality of wealth, with most increases coming from the deployment of capital rather than use of labour. Lawyers are small but important contributors to this regrettable develop- ment that bodes ill for society. There's nothing wrong with high ideals, quite the contrary. They serve as our ethical lodestar. But reality is often brutal. We all have to be pragmatists. We all have to make a living. The trick is to reconcile the rhetoric and the reality, to operate effectively in a harsh world but not forget our bigger ethical purpose and obligations. That can be a very difficult balance to strike. But what choice do we have, if we want to be decent people and good lawyers? Philip Slayton's latest book is Bay Street: A Novel. He is president of PEN Canada, an organization that protects and pro- motes freedom of expression. there's nothing wrong with high ideals, quite the contrary. they serve as our ethical lodestar. but reality is oFten brutal. we all have to be pragmatists. Get quick access to expert commentary that will help you gain knowledge about the National Defence Act and supporting regulations governing the Department of National Defence and the Canadian Forces, as well as related agencies. No matter what your level of experience or specialty, you can depend on this book to provide the military law information you need. New Edition Military Justice in Action: Annotated National Defence Legislation, Second Edition The Honourable Mr. Justice (Ret'd) Gilles Létourneau and Professor Michel W. Drapeau (Colonel Ret'd) Foreword to the Second Edition: Eugene Fidell, senior research scholarian in law and the Florence Rogatz Visiting Lecturer at Yale Law School, New Haven, Conn. Access the legislation that puts military justice into action Available risk-free for 30 days Order online: www.carswell.com Call toll-free: 1-800-387-5164 In Toronto: 416-609-3800 Order # 986062-65203 $120 Softcover + CD-ROM January 2015 approx. 1130 pages 978-0-7798-6062-3 Shipping and handling are extra. Price(s) subject to change without notice and subject to applicable taxes. 00227AP-A47924 New Chapter – "Winds of Change"– discusses proposals for the modernization of the Canadian military justice system

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