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Jun 08

Ontario lawyers advertising their fees: additional considerations…

Access to Justice Comments Off

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

Jun 08

Ontario lawyers advertising their fees: no discplinary action found…

Access to Justice Comments Off

Michael CarabashSo, as a follow up to my previous post about Ontario lawyers advertising their fees and the Law Society’s Rules of Professional Conduct concerning doing so, I did some basic research on the Law Society’s disciplinary hearing/decision website.  I’m not sure if this website reflects all of the matters that have gone before the Law Society in recent history, but here’s what I found:

  • Searches for “advertising” did not yield any disciplinary decisions.
  • Searches for “fees” resulted in disciplinary action taken against lawyers for things like: charging fees that were excessive, splitting fees with a non-lawyer, and pre-taking legal fees without rendered a legal account.

So, I could be wrong here (perhaps a phone call to the Law Society is in order), but I haven’t been able to come across any posted disciplinary historical hearings/decisions dealing with lawyers violating the “advertising of fees” rules in 3.02 (3)of the Rules of Professional Conduct.

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written by admin \\ tags: advertising of fees, disciplinary action, disciplinary decisions, disciplinary hearing, law society of upper canada, lawyer, ontario lawyers, rules of professional conduct

Jun 08

Ontario lawyers advertising their fees: what does the Law Society say about it?

Access to Justice 2 Comments »

Michael CarabashSo this blog is all about Ontario lawyers’ advertising their fees.  Take the following example: a lawyer states, quite unequivocally, that they will charge $500 for a basic will and that this amount does not include disbursements (e.g. photocopying, faxing, printing, long-distance phone calls, etc.) or GST (at 5%).  What could be wrong with doing so?  Well, the Law Society of Upper Canada, which governs Ontario lawyers, provides the following in the Rules of Professional Conduct concerning advertising fees:

3.02 (3) A lawyer may advertise fees charged by the lawyer for legal services if

(a) the advertising is reasonably precise as to the services offered for each fee quoted,

(b) the advertising states whether other amounts, such as disbursements and taxes will be charged in addition to the fee, and

(c) the lawyer adheres to the advertised fee.

OK, so lets get down to the nitty gritty, shall we?  Basically, the LSUC is saying that lawyers can’t engage in misleading or otherwise untrue advertising about the services.  So you’re getting a will for $500, not a power of attorney over property or healthy care or a living will, etc.  Next, the $500 doesn’t include GST or disbursements (as previously aforementioned), so we’re still OK.  Finally, the lawyer must abide by the advertised price.  This means that if a lawyer advertises (e.g. online) one day and then changes the price internally but forgets to update the website, then they’ll be stuck with the price on the website if someone relied on that price to hook up with the lawyer for the particular services.

I’ll be looking into the disciplinary hearings at the Law Society of Upper Canada to see how, if at all, these provision have been enforced in real life situations…I’ll keep you posted…

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written by admin \\ tags: disbursements, law society of upper canada, lawyer, long distance phone, lsuc, ontario lawyers, power of attorney, rules of professional conduct

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