Canadian Lawyer

10 A U G U S T 2 0 1 5 w w w . C A N A D I A N L a w y e r m a g . c o m proposed changes a good first step in addressing a lack of transparency in much of Ontario's legal advertising. "The most important element is going to be enforcement," says Bent. "There's a sense that some firms are breaking rules because they can get away with it. The law society is assuring us [enforcement] is going to be a point of emphasis for them and we're definitely welcoming that." For Merkur, the proposed changes don't go nearly far enough. He wants to see a total ban on advertising in the industry. However Bent says some advertising can be useful and a complete ban "wouldn't be necessary if the most egregious conduct was brought under control." But calls for a ban do "speak to the frustration of people who would like all advertising to be tasteful and with integrity." Trevor Farrow, a professor at Osgoode Hall Law School who specializes in pro- fessional and judicial ethics, says there are tensions that require balancing when it comes to regulating legal advertising. The more aggressive advertising that has emerged in recent years puts a heightened obligation on law societies to ensure law- yers properly follow the ethical principles they've adopted. On the other hand, he says, adver- tising can be an element in increasing access to justice by "empowering people to understand what services are avail- able, what they are, where they can go, who they can talk to, and what they can cost." But advertising, he notes, can be a double-edged sword. "Advertising can be done in tasteful ways, in fair ways, and in the alternative, in ways that bring the profession in disrepute. That's the line that the law society needs to walk because the public needs to have confidence in lawyers' ability to fairly and properly and honourably regulate themselves." Farrow doesn't support an all-out ban. "It's out of touch with modern social and business realities, and I think if advertis- ing is done honourably and well and with integrity, it can be a tool among many that help people understand and access legal services that they need. If we can't speak to the public, if we can't be out there in different ways, how is the pub- lic going to know what we do?" — TALI FOLKINS tali.folkins@thomsonreuters.com \ AT L A N T I C \ C E N T R A L \ W E S T REGIONAL WRAP-UP Some Ontario lawyers pushing for a ban on advertising Continued from page 9 On WestlawNext Canada, you can search all content with a single request. Case law and legislation, as well as exclusive annotations, commentary, legal memos and court documents. Related content is continuously recommended, allowing you to expand your search for additional insight. Discover more at westlawnextcanada.com 00227MO-A48600 SEARCH RESULTS SUGGEST RELATED CONTENT FOR ADDITIONAL INSIGHTS. Personal injury law firms have been particularly active in advertising on Toronto Transit Commission buses.

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