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

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You bethejudgeA:Some of you will recall when Nova Scotia cable televisionswitched from Maine based stations to Detroitbroadcasts. Not only did we lose Dick Stacey’sCountry Jamboree, debatably a good thing, but wealso got a feet first introduction into how some lawyers did businessin the big city. I particularly recall a late night commercial aired byone Detroit law office offering a free bicycle with every divorce.Do you want the general publicgrouping you, even if it is undeserved,with lawyers who give away a freebicycle with every divorce?Since that time here are some other equally tacky advertising approaches:Remember Jim “the Hammer” Shapiro, who looked youin the eye and said, “I may be an S.O.B., but I’m your S.O.B.”. Orhow about the Nevada lawyer who was prohibited from referring tohimself as “The Heavy Hitter”. And consider the law firm that rana television spot advertising that it could help accident victims – asbags of money were tossed out of an armoured truckRecently, the Law Society of Alberta revised its Code of ProfessionalConduct to place restrictions on how lawyers advertise their servicesand promote themselves to the public. Should our Barristers’ Societyfollow suit? The short answer is yes. The reasons for such an approachare numerous, but really, it boils down to one word, “dignity”.If we, as a self-governingprofessional body, wantto continue to enjoy thisunique status, we must doR. Ritchie WheelerWheeler Serbu Barristers & Solicitorswhatever is necessary to preserve, nay, promote our image to the publicas responsible practitioners worthy of respect. Do you want thegeneral public grouping you, even if it is undeserved, with lawyerswho give away a free bicycle with every divorce? Personally, I thinkif you want to be known as “the Hammer” you should have gone towrestling school, not law school.Advertising can be a valid means of attracting clients and in this informationage can take many forms. However, new technologies likethe Internet create additional challenges to lawyers because of cyberspace’sability to erase geographic boundaries. Lawyers engaged inthis form of cross-border advertising must give careful considerationto not offending the rules of other Bar Societies.There are several excellent starting points for potential legal serviceadvertisers that provide good advice on the subject. We need rulesthat will not only provide guidance to our members but which willalso preserve the integrity and dignity of our profession.Advertising by lawyers needs to be tasteful in order to be both effectiveand to encourage public confidence in the profession. Our Barristers’Society is best positioned to provide guidance in this regard. If“lawyerly” conduct encompasses our behaviour both in and outsidethe confines of our office walls it must also include how we portrayourselves to the public.28 The Society Record
Alberta Gets Toughon AdvertisingIn December 2005 The Law Society of Alberta decidedto implement tougher advertising rules for theprovince’s lawyers. The following is a list of highlightsof those changes:• Lawyers must not solicit professional employmentfrom a person who is in need of legal services arisingfrom traumatic circumstances. The exceptions areif they are contacted by a close relative or personalfriend of the client or if the lawyer has a personal orprofessional relationship with the client.• Lawyers must not advertise in a way that misleads thepublic about the outcome of a legal matter, such asusing dollar signs in a print ad, and using terms suchas “maximum recovery” or any other statements whichcreate inappropriate expectations about the results alawyer can achieve.• Lawyers must not advertise any statistical data orother information that may indicate past or futuresuccess.• Photographs or images of persons who are notmembers of the firm are prohibited on all advertisingmaterial.• Lawyers are prohibited from using images of dramaticor graphic scenes, emotional appeals, dramatizations,sound effects, hawkish spokespersons, celebrityendorsements or slapstick routines, the primarypurpose of which is to attract public attention.Testimonials containing emotional appeals ormisleading statements also offend the new rules.• An advertisement cannot make reference to a lawyer’sstatus as a former master, justice, or judge unlessthat lawyer restricts his/her practice to mediation orarbitration.BURKE & MACDONALDSEEKING LAWYERBurke & Macdonald is a well-established general service lawfirm located in Lunenburg, Nova Scotia. We are currently seekinga lawyer who will practise primarily in the Property, Corporateand Commercial law fields. The successful applicant should have atleast one to three years’ experience; however, we would consider newlyadmitted members of the bar. Completion of the new land-titles trainingprogram would be a requirement.The successful applicant will be one who is interested not only in practisinglaw, but also becoming part of the local community. Salary is negotiableand it is anticipated that the successful applicant will ultimatelywish to have an ownership interest in the firm. We value hard work, butalso wish to maintain an office where regular work hours and a friendly,professional atmosphere are a priority.Lunenburg is a unique town, being only the second UNESCO-designatedUrban Heritage site in North America. It has many amenities and isa great place to work and live! Interested applicants may apply inconfidence to:Patrick A. Burke, Q.C.Burke & Macdonald, Barristers & Solicitors28 King Street, PO Box 549Lunenburg, Nova Scotia B0J 2C0Fax: (902) 634-4226 | Email: burkelaw@ns.sympatico.ca October 2006 29
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SR Vol 24 No 5, October 2006 - Nova Scotia Barristers' Society

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