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Jun 08

Ontario lawyers advertising their fees: additional considerations…

Access to Justice No Comments »

Michael CarabashSo in addition to my other two blogs about Ontario lawyers advertising their fees, I came across the following considerations that I thought were worth mentioning.  First, a lawyer’s ability to advertise is governed by the Rules of Professional Conduct.  The Law Society put out a 5 page .pdf about Ethical Considerations and Technology and stated therein that:

Advertising by lawyers in various forms of electronic media, including web sites, network bulletin boards, and direct e-mail, are governed by the Rules of Professional Conduct. The Rules contain guidance on advertising that applies equally to electronic advertising.

So advertising fees online is permissible, so long as the Rules are followed.  Interestingly, the Law Society’s Knowledge Tree concerning marketing and making legal services available includes an example where a lawyer wants to offer services through a website in two provinces.  In response, the Law Society cautions that:

A lawyer or paralegal making representations in generally accessible electronic media should include the name, firm name, mailing address, the jurisdiction(s) where the lawyer is entitled to practise law or the paralegal is permitted to provide legal services, and an e-mail address of at least one firm lawyer or paralegal who will be responsible for the communication.

Taking this advice from the Law Society one step further would mean that any advertising of fees using an electronic medium (such as an email or website) should state clearly detailed information about the services, the price, contact info about the law practice or lawyer offering such services, and who can be reached at the firm concerning that information.

The overall message concerning advertising legal fees (particularly online – where that information stays on night and day and can be accessed by anyone with a computer anywhere in the world) is simple: be transparent and accountable with respect to advertising your fees for services.

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written by admin \\ tags: advertising, electronic advertising, electronic media, electronic medium, knowledge tree, lawyer, lawyers, ontario, ontario lawyers, rules of professional conduct

Apr 13

The Future of Law – Great Article…

Lawyers & Technology No Comments »

Michael CarabashI came across a great article entitled “The Future of Law Firms – Where is All This Heading?” by John O. Cunningham.  The article was derived from Mr. Cunningham’s opening remarks to the General Counsel Panel on Jun 23, 2004.  In his remarks, Mr. Cunningham breaks down what has happened to law firms since 1974 to the present day and then projects what the future may hold up to the year 2034.  The bottom line is that survival is optional and that change is inevitable.  Here is  a quick summary of what has happened/will happen according to that article (keep in mind that it is U.S. centric):

1974 – Advertising by lawyers is generally forbidden.  There aren’t any personal computers.

1977 – U.S. Supreme Court lifts the ban against lawyer advertising.  Lawyer bills have little or no documentation of time or billing rates.

1984 – Lawyers are still not really getting involved in marketing or advertising.  Law schools become very populated and competitive.

1990 – After 10 years of computing, lawyers begin to communicate with clients using e-mail.

1994 - Law firms begin hiring marketing managers.  Clients start using bidding contests to select law firms like other vendors do.

2000 – Law firms acquire other practices, split up, and get acquired more and more.

2004 – Law firms are looking for competitive intelligence or marketing information.  Law firms hire public relations specialists to place their stories in print/electronic media.  Lawyers are using blackberries.  Law firms spend lots of time on management issues rather than legal practice.

2014 – Firms have full time CEOs to manage the company and anticipate industry/client demands.

2019 – Paperless cyber-registry for instant electronic recording of corporate and real estate documents.  Trial courts will become paperless too.

2024 – Most law firms will have the equivalent of an executive in charge of sales and marketing.  Client service will be the focus.  Most people will look to lawyers as the best service providers and one of the most competitive professions in the world.  Lawyers will be looked at for their strategic thinking.  More CEOs will be lawyers by training.

2029 – Lawyers will serve hundreds of clients in a fraction of the time and cost through well-oiled machines.

2034 – Managing partners at firms develop internal culture for recruiting, development, and advancement of work to reinforce the firm’s brand.

Overall, a great article and well worth the read!

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written by admin \\ tags: competitive intelligence, electronic media, future of law, future of law firms, future of lawyer advertising, law firms, law schools, management issues, marketing information, marketing managers, personal computers, present day, public relations specialists, real estate documents

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