Canadian Lawyer

I The loosening of ad rules n striking down an Arizona law that prohibited advertising by lawyers, the United States Supreme Court noted in a 1977 ruling that the historical underpinnings of these restrictions had more to do with "etiquette" than legal ethics. "Early lawyers in Britain viewed the law as a form of public service, rather than as a means of earning a living and they looked down on 'trade' as unseemly," wrote Justice Harry Blackmun. Keeping these restrictions in place would only serve to deny consumers informa- tion, the court said. "The argument assumes that the public is not sophisticated enough to realize the limitations of advertising and that the public is better kept in ignorance," wrote Blackmun. Following a similar court challenge, the Law Society of Upper Canada changed its rules in 1987 and allowed lawyers in Ontario to advertise in any medium. A quarter century later, legal advertising is permitted across the country — but it has moved from the Yellow Pages to the Internet, radio, newspapers, television, the tops of cabs, and wherever advertising space is sold. However, the guidelines that govern what type or style of advertising is permitted — and are virtually identical in every province — appear to be inspired by the original British notion of the profession. The provincial rules of professional conduct all state legal advertising must be con- sistent with maintaining public confidence and respect for the administration of justice. In Alberta, the commentary accompanying the rules advises against a firm describing itself as "the best" in a certain area because this cannot be proven. The Law Society of Manitoba also advises against lawyers claiming even to be aggressive. In New Bruns- wick, its law society warns lawyers should not imply they can achieve better results than others. Clearly, the various regulators in Canada have decided not to enforce these broad principles strictly, or else the only advertising that would be permitted would be that which provided no more than contact information for a lawyer or firm. - SK a step in that direction," says Orlando. The decision to join forces with Thomson Rog- ers and Oatley Vigmond "was born out of a mutual respect," Orlando explains. "We have similar practices." While they have allied on aspects of their marketing, they are still com- petitors, he stresses. "This isn't a partnership. It is a joint marketing effort. We want to give someone the opportunity with one phone call, to meet three law firms. Over the long run it will all equal itself out." Even for firms that specialize in serious injury litigation, having some control over the intake of clients is ultimately going to af- fect the bottom line. "We decided collective- ly, it was necessary to get the message out," says Oatley. "We are regarded as among the best by our colleagues and by people in the rehab industry. But it was the extent of the hard sell advertising directly to consumers that led us to discuss a way to deal with it col- lectively. Everyone shared the same concern, that unsuspecting, seriously injured people were choosing lawyers based on media and advertising, rather than merit." Sloan Mandel, a partner at Thomson Rogers, adds that one of the goals of the GIVE YOUR CLIENTS SOLID EMPLOYMENT ADVICE NEW EDITIONS AVAILABLE THE 2012 ANNOTATED ONTARIO EMPLOYMENT STANDARDS ACT T. STEPHEN LAVENDER ORDER # 985197-65203 $101 Softcover approx. 680 pages October 2012 978-0-7798-5197-3 Annual volumes supplied on standing order subscription. Multiple copy discounts available. THE 2012 ANNOTATED EMPLOYMENT INSURANCE ACT T. STEPHEN LAVENDER ORDER # 985068-65203 $136 Softcover approx. 1180 pages October 2012 978-0-7798-5068-6 Annual volumes supplied on standing order subscription. Multiple copy discounts available. Shipping and handling are extra. Price subject to change without notice and subject to applicable taxes. AVAILABLE RISK-FREE FOR 30 DAYS Order online: www.carswell.com Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 30 N O VEMBER / D ECEMBER 2012 www.CANADIAN Lawyermag.com

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