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 7 9 \ AT L A N T I C \ C E N T R A L \ W E S T REGIONAL WRAP-UP $20 million in claims in fiscal 2011, almost double the preceding year, according to its latest annual report. "In the last five years, approximately 0.05% of insured lawyers have been the object of such allegations which have been brought to the Insurance Fund's attention," wrote De Michele. "Most of these cases were reported in 2011 and 2012 and very few in subse- quent years." Though the situation has improved, in-trust dalliances con- tinue to occur in la belle province. One recent and unusual example was the guilty verdict ren- dered in September by the Barreau's disciplinary committee against Marc Delisle. The committee fined the lawyer $1,000 for having taken $1,700 from the trust fund of a client who owed him more than that amount in legal fees in order to pay the Barreau's annual member- ship fee. Malo and his fellow Ponzi scheme victims are hoping for a sim- ilar outcome at an upcoming hearing before the Barreau's disci- plinary committee involving Lavallée. Scheduled for Feb. 22, the hearing involves a formal complaint against the missing lawyer for misuse of trust funds. Lavallée resigned from the bar in 2011 and hasn't been seen in four years, but his trust accounts were recently ordered unsealed. "We're finally going to get a chance to see what went on in those accounts," said Malo, who is asking for an indemnity of $85,000. "We are going to fight for indemnity from the Barreau all the way to the minister of justice, if we have to." — MARK CARDWELL O ne of the key issues the Law Soci- ety of Upper Canada is looking to tackle in the new year, says Treas- urer Paul Schabas, is the enforce- ment and regulation of advertising in the legal profession and, in particular, the personal injury bar. Schabas says he expects the law soci- ety's much-anticipated report on the topic will come before Convocation for recom- mendations soon. One of the main problems raised by stakeholders in the report's consultation process has been misleading marketing by firms that advertise work they refer out and have no intention of doing. They say this risk is damaging the public's confi- dence in the profession. "There's nothing per se wrong with advertising," Schabas says. "It's constitutionally protected speech. But where it's not in the public interest, where it's contrary to the public interest, if it's mis- leading, then we as the regulator have to have some ability to intervene and step in to deal with those things." The law society's professional regulation division has set up a designated team of investigators and prosecutors to deal with 90 active files the regulator has in response to complaints about advertising. It isn't clear yet what shape the recom- mendations will take, but some observers hope there will be a tightening of the rules concerning misleading advertising and referrals. Adam Wagman, president of the Ontario Trial Lawyers Association, has pushed for a ban on second-opinion ads, which encourage people to change lawyers, and a 10-per-cent cap on referral fees. Wagman says he is optimistic the law society will take a hard look at advertising rules as well as how they are enforced. "There is a perception out there cur- rently that even if a complaint is made to the law society about alleged improper advertising or marketing activities, that process takes a very long time and, as a result, I know that certain complainants have been quite frustrated with the process and sometimes those complaints just don't get made as a result of that perception," Wagman says. "And that perception needs to change." — ALEX ROBINSON LSUC ACTION ON ADVERTISING COMING THIS YEAR Paul Schabas, treasurer of the Law Society of Upper Canada, is tackling the enforcement and regulation of advertising in the personal injury bar. IT'S TIME TO RANK… WHICH DO YOU THINK ARE THE LEADING PERSONAL INJURY BOUTIQUES AND ARBITRATION CHAMBERS? Complete the survey online at canadianlawyermag.com/surveys and make your picks. VOTING IS OPEN UNTIL FEBRUARY 21 ST Untitled-5 1 2016-12-12 9:18 AM

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