Canadian Lawyer - sample

w w w . C A N A D I A N L a w y e r m a g . c o m M A Y 2 0 1 7 33 Top boutiques Evolving with clients From new challenges to old foes, the personal injury bar is nothing if not adaptable By Mallory Hendry T he personal injury bar is facing a host of issues right now. A continuous reduc- tion in accident benefits is a constant challenge, delays in access to the courts because of R. v. Jordan is a significant roadblock and, of course, especially in Ontario, there is the hot- button issue of misleading advertising. Tim Boland, name partner at Boland Howe LLP in Aurora, Ont., says he's "looking at an issue that can be corrected, resolved or improved upon." He says advertising is "the big challenge in the next decade for PI lawyers." His firm made written submissions to the Law Society of Upper Canada, urging it to make marketing rules more stringent, and Boland notes enforce- ment is key to successfully dealing with the problem and it has "certainly been lacking to date." There have been rules governing advertising in place for a long time, but Boland thinks that, with the submis- sions the LSUC has received, the hear- ings it conducted and with the Toronto Star articles highlighting personal injury advertising issues, "now more than ever everybody recognizes this is an area that has to be more closely regulated and enforced." Boland says many lawyers market themselves "to imply proficiency in trial advocacy because they recognize, as the LSUC does through its Certified Specialist Program, that trial decisions, not settlements, are the only objective measure of the skill and commitment of a lawyer." He says his firm "strongly supports" the LSUC creating a certified specialist designation in personal injury litigation. "A summary of case names, issues and verdicts would assist the injured to make informed decisions about which lawyers possess the skillset to handle their case," he says. "The

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