SR Vol 24 No 5, October 2006 - Nova Scotia Barristers' Society

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After discussing the situation with the LAP Advisor, a referralcan be made to an appropriate community agencyor private counsellor qualified to address the identifiedconcerns.It is generally acknowledged that the sooner assistancebegins, the more effective it will be.What is LAP?LAP stands for Lawyers Assistance Program. It is an informational,confidential referral and counselling serviceprovided through the Lawyers’ Insurance Association ofNova Scotia. LAP is designed to assist members of the legalprofession, their staff and families who may be experiencinghealth or personal problems.Why do Nova Scotia Lawyers need anassistance program?Like anyone, lawyers who experience emotional or personaldifficulties may be unable to resolve their problemson their own, and may find that their personal happiness,work performance or physical health is affected. ThroughLAP, they will receive assistance to find satisfactory solutionsto their problems.What types of problems does LAP dealwith?The source of a problem may be work-related or personal(family, marital, drug, alcohol or gambling).When should I consider contacting LAP?You might consider contacting LAP if you feel as thoughyour problems, or those of someone you know, are becomingoverwhelming and out of control. Some symptoms thatcan appear if emotions or problems get out of controlinclude mood swings, sleeplessness, lack of appetite, poorconcentration, apathy, or anger.How can I access LAP’s services?To get assistance, call 1 866 299 1299 from anywhere inNova Scotia, 24 hours a day. You will not be asked to identifyyourself.Will my call be confidential?Information is not provided to anyone or any organizationwithout your permission. The issue of confidentiality canbe discussed with the LAP Advisor to establish limits forsupport and protection. Your right to privacy is respectedand strictly observed.Who will I speak with when I contact LAP?You will speak to the LAP Advisor. The LAP Advisor is anexperienced counsellor who will carry out an assessmentand, if necessary, refer you to outside counsellors for theassistance required. The LAP Advisor will also be able torefer you to an LAP volunteer for peer support. LAP’svolunteers are members of the legal profession, manyof whom have overcome personal difficulties and subsequentlyvolunteered to help others.Is there a cost for assistance receivedthrough LAP?There is no cost to use LAP. If you are referred to a privatecounsellor through LAP, the cost of five sessions willbe covered by LAP. Billing will be through the LAP Advisorto ensure confidentiality is maintained. The LAP Advisorwill also follow up with the referrals to ensure adequatetreatment is received.26 The Society Record
You bethejudgeQ:Earlier this year, Alberta decided to place restrictions on the way lawyersadvertise and promote their services. Should Nova Scotia follow suit?The Law Society of Alberta recently revised theirCode of Professional Conduct to restrict lawyer ad-A :vertising. In their words, “the L.S.A. is committed toensuring the public has access to legal services, whilerequiring that lawyers advertise their services in a professional manner.”Tactics such as the use of dramatic or graphic scenes, emotionalappeals, or hawkery are specifically prohibited.Without knowing what the Alberta experience has been, we must behesitant to criticize the actions of their society. However, garish andsensationalist promotion has not been a problem in our province, andI would argue that similar action is unnecessary here. We already havestrict advertising standards of long standing. Regulations under the oldBarristers and Solicitors Act, recently incorporated verbatim in the LegalProfessions Act regulations, require our ads to be among other things,“of a dignified nature, in good taste...”. They also remind us to avoidself-aggrandizement. Our Legal Ethics Handbook, Chapter 20 “SeekingBusiness”, expands on this, and to a large extent already prohibitsthe very type of conduct the Alberta Rules seek to prevent. We mustnot, for instance, raise unjustified expectations, misrepresent experienceor competence, nor compare quality of service with that of otherlawyers. Nor may we exploit the vulnerable or traumatized.Ad content for any business or profession includes, by nature, ethicalconsiderations. Our Society has an ethics committee which coulddeal with any perceived transgressions. A quick look at the HalifaxMetro Yellow pages amply demonstrates the conservative approachof lawyers in this province. Nowhere is there any sign of repulsiveKim RichardsonRichardson’s Law Officeor offensive self-promotionalong the lines which the Albertachanges seem to address.Much of our ad content is informational,the very sort of advertising that the Alberta approachencourages.We are a relatively small, congenial Bar, already keenly aware of thepublic perception of lawyers. I would suggest that there is an implicitunderstanding in our profession that hawkery just won’t work here.Ask around to see what people thought of the Jim “The Hammer”Shapiro ads from Rochester a few years back. Radio and T.V. spots areexpensive as well, and given the market size, it is not surprising thatour advertising tends to be limited to print media.Few of us would seriously argue that we aren’t highly regulated already.More restrictions should be a response to a problem. If it ain’tbroke, don’t fix it. Ours is an increasingly specialized profession, andthe public needs and deserves some means to assist in making informedchoices of counsel. Eye-catching ads help serve that purpose.The former dry approach of publishing what amounted to businesscards is simply insufficient in the modern era. While some “puffery”is inherent in such a medium, we all know we aren’t selling soap, andin my view the advertising efforts of Nova Scotia law firms reflectthat sense of decorum and professionalism. A bit of harmless hyberbole,carried out with restraint, actually promotes our efforts to fosterrespect for the law and our role in it. After all, if we can’t say goodthings about ourselves, who will?October 2006 27
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SR Vol 24 No 5, October 2006 - Nova Scotia Barristers' Society

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