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w w w . C A N A D I A N L a w y e r m a g . c o m A U G U S T 2 0 1 6 9 S ome participants in a new Law Society of Upper Canada report say public confidence in the legal profession is being hurt by adver- tising for personal injury law. The Advertising and Fee Arrange- ments Issues Working Group Report unveiled at June Convocation says: "in personal injury law, some firms are understood to heavily advertise both to attract work that they can take on themselves and to attract clients who could be referred to other personal injury lawyers in exchange for referral fees. "Most participants accepted that advertising is here to stay, although some would seek to ban it outright on the claim it has led to the commoditiz- ation of personal injury and other prac- tice areas, eroded the public perception of lawyers, and threatens the adminis- tration of justice," the report continues. The report says in many cases when clients are referred to a personal injury lawyer by a firm that is advertising, they are not "sufficiently aware" of the circumstances of the referral. While the Law Society of Upper Canada's Rules of Professional conduct require disclosure and client consent, a working group found that clients do not always know about the existence of referral fees or that they are even being referred to another lawyer. "It should be clear when licensees are advertising that they are soliciting work that they propose to do," Malcolm Mercer, the chairman of the working group, told convocation in its June meeting. "That may sound like a silly, straightforward proposition, but it has become clear there is much solicita- tion for work that is not intended to be done but intended to be referred to others in the fee." The interim report was issued by the advertising and referral fee arrange- ment issues working group, which has been tasked with looking at how the law society should further regulate advertising and referral fees. The working group was established after the law society heard concerns about the increase in advertising of per- sonal injury law in particular, as well as real estate law. The report also addressed the issue that over the years, referral fees have also risen to a point where they are sometimes more than 20 per cent. The Ontario Trial Lawyers Associ- ation has called for a 10-per-cent cap on all referral fees. Mercer stressed that the report is at an interim stage and that the working group will be gathering input until the end of September. — ALEX ROBINSON See the full listing at osgoodepd.ca/familylaw Upcoming Family Law Programs you don't want to miss! OSGOODE PROFESSIONAL DEVELOPMENT CONTINUING LEGAL EDUCATION 6th Annual Recent Developments and Complex Issues in Child and Spousal Support OCTOBER 13, 2016 (In Person or Webcast) A must attend for family law practitioners who know the value of their WLPHDQGUHFRJQL]HWKHEHQHoWRIKHDULQJIURPH[SHULHQFHGFRXQVHODQG judges as they engage you in a thorough review of the more challenging aspects of child and spousal support matters. Learn more at osgoodepd.ca/childspousal16 Negotiating, Challenging and Drafting Domestic Contracts NOVEMBER 7, 2016 (In Person or Webcast) Mastery of domestic contracts is essential to any family lawyer's practice. Taught by senior practitioners, this program will give you practical advice on the latest legal developments and their impact, and provide important practice tips on how to avoid costly pitfalls. Don't miss the optional 1/2 day workshop: Contract Drafting Workshop for Family Law Agreements on November 8th. Learn more at osgoodepd.ca/contracts16 OsgoodePD has been approved as an Accredited Provider of Professionalism Content by the LSUC. Untitled-4 1 2016-07-08 2:14 PM \ AT L A N T I C \ C E N T R A L \ W E S T REGIONAL WRAP-UP LSUC ZEROES IN ON PERSONAL INJURY ADVERTISING

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