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[Table of Contents] [previous chapter] [Appendix 1] Chapter 14 out of 14 chapters in the annotated Professional Conduct Handbook

CHAPTER 14 MARKETING OF LEGAL SERVICES

Application of Chapter

1. This Chapter applies to any marketing activity undertaken or authorized by a lawyer in which he or she is identified as a lawyer, mediator or arbitrator.

[amended effective 05/98]

Definitions

2. In this Chapter:

"advertisement" includes letterhead, business cards and the use of paid space or time in a public medium, or the use of a commercial publication such as a brochure or handbill, to communicate with the general public or a segment thereof, for the purpose of promoting professional services or enhancing the image of the advertiser;

"inter-jurisdictional law f irm" means a sole proprietorship, partnership, law corporation or any other arrangement to carry on the business of the practice of law together, in which:

(a) the firm carries on the practice of law in British Columbia and in one or more other Canadian or foreign jurisdictions, and

(b) not all the lawyers in an office of the firm outside British Columbia are members ofthe Society;

"marketing activity" includes:

(a) an advertisement,

(b) any publication or communication in any medium with any client, prospective client or the public generally in the nature of an advertisement, promotional activity or material, a listing in a legal directory, a public appearance or any other means by which professional legal services are promoted, or

(c) contact with a prospective client initiated by a lawyer;

"lawyer" includes a member ofthe Law Society, and a person enrolled in the Law Society Admission Program; and

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"testimonial" means a statement used in a lawyer's marketing activity and attributed to a person other than the lawyer.

[amended effective 01/00; amended 10/04]

Purpose of Chapter

3. The purpose of this Chapter is to allow a lawyer to use any medium of communication to undertake or authorize any marketing activity that is factual, accurate and verifiable, and that maintains a high standard of professionalism.


Content and format of marketing activities

4. Any marketing activity undertaken or authorized by a lawyer must not be:

(a) false,

(b) inaccurate,

(c) unverifiable,

(d) reasonably capable of misleading the recipient or intended recipient, or

(e) contrary to the best interests of the public or to the maintenance of a high standard of professionalism.

4.1 Any marketing activity undertaken or authorized by a lawyer must be in keeping with the dignity and reputation of an honourable profession.

[added effective 01/00]

4.2 A lawyer must not do any of the following in any marketing activity:

(a) state or imply that the lawyer is aggressive,

(b) state an amount of money that the lawyer has recovered for a client or refer to the lawyer's degree of success in past cases, unless such statement is accompanied by a further statement that past results are not necessarily indicative of future results and that the amount recovered and other litigation outcomes will vary according to the facts in individual cases,

(c) use a testimonial unless the content of the testimonial complies with Rule 4.

[added 04/00]

Annotations

Examples

5. For example, a marketing activity violates Rule 4 if it:

(a) is calculated or likely to take advantage of the vulnerability, either physical or emotional, ofthe recipient,

(b) is likely to create in the mind ofthe recipient or intended recipient an


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unjustified expectation about the results which the lawyer can achieve,

(c) implies that the lawyer can obtain results:

(i) not achievable by other lawyers,

(ii) by improperly influencing a court or other public body or official, or

(iii) by any other improper means,

(d) compares the quality of services provided with those provided by another lawyer, or

(e) is conducted in unseemly circumstances.

[amended effective 01/00; amended 11/02]

Public representations

6. A lawyer must not:

(a) comment publicly on the validity, worth or probable outcome of a legal proceeding in which the lawyer acts,

(b) endorse or lend his or her credibility as a lawyer to the promotion or advertisement of any product, property, investment or service for sale to the public except:

(i) a law practice with which the lawyer is affiliated,

(ii) a book or other publication that the lawyer has written or assisted in writing, or

(iii) a product designed to assist in the practice of law and with which the lawyer has experience, or

(c) state publicly that the lawyer speaks on behalf of the legal profession unless the lawyer has been expressly authorized to state the official position of the legal profession.

[amended 06/98]

6.1 Before making a public statement concerning a client's affairs, a lawyer must be satisfied that any communication is in the best interests of the client and made with the client's consent.1

[added 06/98]

Annotations

Former judge or master

7. A lawyer who has served as a judge or master in any court must not use any judicial title or otherwise allude to the lawyer's former status in any marketing activity.




7.1 Rule 7 does not preclude a lawyer who has served as a judge or master from referring to the lawyer's former status in

(a) a public announcement that the lawyer has resumed the practice of law or joined a law firm,

(b) a public speaking engagement or publication that does not promote the lawyer's practice or firm,

(c) seeking employment, partnership or appointment other than the promotion of the lawyer's practice or firm,2 or

(d) informal conversation or correspondence.


Former firm of current judge or master

7.2 A lawyer must not state on any letterhead or business card or in any other marketing activity the name of a judge or master as being a predecessor or former member of the lawyer's firm.


Notary Public

8. A lawyer who, on any letterhead, business card or sign, or in any other marketing activity:

(a) uses the term "Notary," "Notary Public" or any similar designation, or

(b) in any other way represents to the public that the lawyer is a notary public,

must also indicate in the same publication or marketing activity the lawyer's status as a lawyer.

[amended 10/04]

Firm name

9. A lawyer must not use a firm name that violates Rule 4(e) of this Chapter.

[amended 10/04]

Annotations

Designation

10. A lawyer must not list a person not entitled to practise law in British Columbia on any letterhead or in any other marketing activity without making it clear in the marketing activity that the person is not entitled to practise law in British Columbia.

In particular, a person who fits one or more ofthe following descriptions must not be listed without an appropriate indication of the person's status:

(a) a retired member,

(a.1) a non-practising member,



(b) a deceased member,

(c) an articled student,

(d) a legal assistant,

(e) a patent agent, if registered as such under the Patent Act,

(f) a trademark agent, if registered as such under the Trade-marks Act, or

(g) a practitioner of foreign law, if that person holds a valid permit issued under Law Society Rule 2-18.

[amended 03/94; updated 12/99; amended 06/01]

Annotations

Jurisdictions in which a lawyer is qualified to practise

11. A lawyer who is a member of an inter-jurisdictional law firm must ensure that, whenever the firm on its letterhead or in any other marketing activity enumerates the members of the firm, the lawyer is identified as being qualified to practise law in British Columbia.

[amended 10/04]

Fees

12. A lawyer who includes a statement of fees for a specific legal service in any advertisement must:

(a) ensure that the statement sufficiently describes the fees and services so as to enable the recipient or intended recipient to understand the nature and extent of the work to be performed and the cost to the client, and that the statement clearly specifies whether or not disbursements are included in that cost,

(b) during the currency of the advertisement, agree to perform the services at the stated fee for any person unless excused by circumstances such as conflict with the interests of another client or other reasonable and proper ground, and

(c) not compare the fees charged by the lawyer with those charged by another lawyer.

[amended 10/04]

Short form services description

13. A lawyer may use in any advertisement the terms set out in the bold headings in Appendix 7, or any reasonable equivalent, provided that:

(a) a statement of fees for specific legal services indicates the nature of the disbursements involved that are not included in the fee, and

(b) during the currency ofthe advertisement, the lawyer agrees to perform the specified legal services required in the circumstances of each case for the stated fee.

http://www.lawsociety.bc.ca/publications_forms/handbook/chapter-14.html 3/6/2009


[amended 10/04]

13.1 A lawyer who advertises as permitted under Rule 13 must provide all the services set out in the text following each bold heading in Appendix 7 that are necessary in the circumstances of each case, except for any item that the lawyer specifically excludes in the advertisement.

[added 10/04]

Hourly rates of charge

14. A lawyer may state in any advertisement hourly rates of charge for specific legal services, provided that the lawyer must:

(a) as soon as reasonably practicable, give to the client a written estimate of the total cost to the client ofthe work to be performed, including disbursements,

(b) when the specific service will extend over a substantial period of time, provide to the client in writing a budget showing the cumulative costs of the work involved to the appropriate stages, and

(c) if at any time the lawyer anticipates that the budget or estimate may be exceeded, so advise the client in writing, giving reasons.

[amended 10/04]

Currency of fee advertisement

15. Unless otherwise stated in the advertisement, the currency of a fee advertisement is 90 days after the date of publication.

[amended 10/04]

Preferred areas of practice

16. A lawyer may state in any marketing activity a preference for practice in any one or more fields of law if the lawyer:

(a) [rescinded]

(b) regularly practises in each field of law in respect of which the lawyer wishes to state a preference, and

(c) has, during the most recent three-year period that the lawyer has practised,3 devoted at least 20% of his or her time to practising in each field of law for which the lawyer wishes to state a preference.


Annotations

Restrictions of practice

17. A lawyer whose practice is restricted may state in any marketing activity the fields of law to which the practice is restricted.



Specialization

18. Unless otherwise authorized by the Legal Profession Act, the Rules, or this Handbook or by the Benchers, a lawyer must:

(a) not use the title "specialist" or any similar designation suggesting a recognized special status or accreditation on any letterhead or business card or in any other marketing activity, and

(b) take all reasonable steps to discourage use, in relation to the lawyer by another person, ofthe title "specialist" or any similar designation suggesting a recognized special status or accreditation in any marketing activity.


19. A lawyer who has been accredited by the Law Society as a family law mediator may so state in any marketing activity.

Annotations

Lawyer's duties

20. A lawyer must retain for one year after the date of publication or broadcast of any advertisement, and must provide to the Law Society upon request:

(a) a copy of any such publication,

(b) a recording of any such broadcast made by use of any electronic media, including radio, television and microwave transmission, and

(c) a written record of when and where the publication or broadcast was made.

[amended 10/04]

21. When called upon by the Executive Director to do so, a lawyer must verify the statements made in the lawyer's marketing activities.

[updated 12/00; amended 10/04]

Real estate sales

22. When engaged in marketing of real property for sale or lease, a lawyer must include in any marketing activity:

(a) the name of the lawyer or the lawyer's firm, and

(b) if a telephone number is used, only the telephone number of the lawyer or the lawyer's firm.

[added 10/04]

FOOTNOTES:

1. The lawyer owes a duty to the client to be qualified to represent the client effectively before the public and not to permit any personal interest or other cause to conflict with the client's

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interests.

2. It is not the promotion of a lawyer's practice or firm to provide, on request, a curriculum vitae or other statement of experience that refers to the lawyer's former status as a judge or master.


3. If the lawyer has practised for less than three years, the relevant period is the whole time that the lawyer has been in practice.


ANNOTATIONS:

Rule 4 - Content and format of marketing activities

A lawyer who sent local realtors advertising flyers featuring evening-gowned young women, offering a free bottle of champagne for every conveyancing referral made to the member's law office by a realtor, and offering the possibility to win prizes including two beautiful hostesses to assist at one open house was found guilty of professional misconduct for steering and for violating the marketing rules. DCD 94-01

There is no serious chance of clients being seriously misled about the number of lawyers in a firm by the rule which allows sole practitioners to refer to a firm as A and Company. EC February 1995, item 7

It is not improper for a lawyer to advertise by delivering handbills containing marketing information provided the contents of the handbills are in accordance with the Rules. EC September 1995, item 9

It is improper for a lawyer to operate a firm named after a particular area of law and bearing no other distinguishing features. EC, October 1998, item 7

In showing qualification to practise in other jurisdictions, it is misleading to say simply that a lawyer is qualified to practise in the United States when such a qualification will be specific to a particular state or states. It is proper for a firm to indicate that a lawyer is qualified to practise in one or more jurisdictions in the United States. EC April 2000. item 10

Verifiable means that a particular claim or statement made by a lawyer in marketing activity is capable of verification by an independent observer through the objective examination of evidence. It is not necessary that the evidence be available in the marketing activity itself. EC February 2004, item 4

All elements of a testimonial must meet the requirements of the Rules they must be both true and verifiable. This includes any statements of fact made by former clients giving a testimonial. It is not enough that the former client believes a statement to be true; the statement must be verifiably true as well. Statements by a former client that the lawyer gave great advice or that the lawyer is professional or knowledgeable cannot be verified and therefore are contrary to the Rules. EC March 2006, item 3

Rule 6 - Public representations

A link on a lawyer's website to another commercial site is an endorsement of the product



advertised on the other site. A disclaimer on the lawyer's website stating that the links are provided for convenience only and the lawyer does not endorse the products of any of the links would be adequate to keep the lawyer from violating the Rule. EC May 3 2001, item 10

Selling books (e.g., self help books) as part of a lawyer's practice amounts to endorsing them within the meaning of this Rule. There is, however, no prohibition against the lawyer recommending particular books to a client. EC December 9 2004, item 5

Rule 9 - Firm name

It is misleading for a lawyer to advertise that a law firm is Canada's National Franchise Law Group and to state that the firms making up the group are individually recognized as leaders in franchise law. It may, however, advertise itself as a national franchise law group and to state that the firms making up the group are individually recognized in franchise law. EC May 2000, item 9

Lawyers cannot use a firm name that is sufficiently similar to another name in use by an existing firm if it may cause confusion to the public. A lawyer cannot use the firm name B Lawyers to practise in Vancouver where another firm B and Company already exists in North Vancouver. It may be reasonably confusing to the public. And, the use ofthe term lawyers implied there was more than one lawyer at the firm. Since B was a sole practitioner, the use of the name was misleading and improper. EC April 2006, item 3

A law firm name such as BC Forestry Law or BC Forestry Law Services is improper. The use of the term BC in a law firms practice is misleading because it conveys a false sense of official approval ofthe lawyer's practice. EC June 2006, item 2

The following names are improper, since they suggest that more than a single lawyer comprises the firm:

• Smith & Company, Barristers & Solicitors

• Smith, Jones and Black, Barristers & Solicitors

• Smith and Partners

• Smith and Associates

The following names are not improper when the firm is comprised only of one lawyer

• Smith and Company, with Bill Smith shown with the words "Barrister & Solicitor"

• Smith, Jones and Black, with Bill Smith shown with the words "Barrister & Solicitor"

• Smith Law Group

EC April 2007, item 6

Rule 10 - Designation

A non-practising lawyer may not designate himself as a retired member on firm letterhead unless he meets the criteria for that designation set out in Law Society Rule 403 [now Rule 2-4]. EC March 1998, item 9

It is not contrary to the Rule for a lawyer to describe a non-lawyer by a designation generally



understood to be the equivalent of a designation set out in the Rule, such as paralegal in place of legal assistant, or student-at-law in place of articled student. EC Oct 5 2000, item 13

Non-practising lawyers have an obligation to disclose their status on letterhead or other marketing activity. They must disclose their status and its implications when they are representing a client where failure to do so would mislead someone. This includes an obligation to advise prospective clients if the lawyer is not covered by professional liability insurance for the matter. EC December 2003, item 5

Rule 16 - Preferred areas of practice

It is proper to incorporate an area of practice into the firm name provided the firm is entitled to list an area as a preferred area of practice (see Law Society Rule 9-1). EC February 1999, item 7

Before a lawyer would be permitted to use the services of a commercial lawyer referral service, it would be necessary for the lawyer to be able to comply with the Rule relating to preferred areas of practice with respect to any areas of practice in which the lawyer offers services. EC March 2000, item 7

Rule 18 - Specialization

Use of the word expert is equivalent to specialist and is prohibited. EC January 1995, item 6

Where a lawyer is entitled to state preferred areas of practice, it is reasonable to refer to them as areas of "expertise." Provided the lawyer does not use other language, which suggests a special status or accreditation, the use ofthe term "expertise" alone is acceptable. EC January 2007, item 9

A lawyer obtained a certificate from a university program called the "Professional Specialization Certificate in International Intellectual Property Law." The Committee determined that the words "professional" and "specialization" in the certificate did not justify their use in marketing materials. Their use in this context may mislead the public into thinking the certificate confers a special status in BC in the practice of international intellectual property law. Reference to the certificate without using those two words would be acceptable. EC April 2007, item 4

[Table of Contents] [previous chapter] [Appendix 1] Chapter 14 out of 14 chapters in the annotated Professional Conduct Handbook

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[Table of Contents] [previous appendix] ,n«|$|Sef?crnPW5e&even appendices in the annotated Professional Conduct Handbook

Working With a Lawyer APPENDIX 7

Lawyers Fees SHQRJ f d k M S E R V | C E S D E S C R | P T I O N

Lawyer Conduct & Complaints [Chapter 14, Rule 13]

mmigration Consultants

Un«Jfie©^tlseSfiWterces: a divorce in which there is no dispute throughout including the following elements:

(a) taking instructions from a client and advising on grounds of divorce and on corollary relief under the Divorce Act and other relevant legislation,

(b) preparation of the writ of summons and statement of claim and all other procedural steps necessary to obtain an order for divorce, including maintenance, custody and access if appropriate.

A lawyer may exclude any ofthe following elements if the statement expressly refers to the element to be excluded and states that there will be an additional charge for it:

(a) obtaining a foreign marriage certificate,

(b) special proof of service,

(c) proof of foreign marriage,

(d) proof of grounds of divorce:

(i) investigative service,

(ii) medical report, professional opinion,

(iii) leave to prove evidence by affidavit,

(iv) examination for discovery,

(e) order for substituted service,

(f) adjournments at the instance ofthe client,

(g) immediate order for divorce,

(h) change of name.

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Simple wills: advising, taking instructions, preparation, review with the client and execution of a will appointing an executor and providing for payment of debts and specific and residual bequests, filing a wills notice.

Estates: all necessary services to obtain a grant of letters probate or of administration of any kind, including arranging for valuation of assets and for preparation and filing of income tax returns for the deceased and in attending to the transmission of the assets of the estate into the names ofthe personal representatives and, where applicable, into the names ofthe beneficiaries, advising upon Canada Pension Plan benefits as well as any services, process or proceedings relating to the passing or settling of the first accounts of the executor or administrator.

Conveyances: advising on contract of purchase and sale, if required, determining and advising upon status of property taxes, attending to review title, preparation, completion and filing of all necessary documents to carry out the transfer in accordance with the contract of purchase and sale and registration thereof, including assumption of mortgage when applicable, settlement of statement of adjustments, post-registration search and advising in writing on registration of title and of any charges assumed by the purchaser but not including cost of clearing title.

Mortgages: attending to take instructions and to review title, obtain and review survey if required, and confirm conformity with zoning requirements if any and payment of current taxes, preparation, completion and registration of mortgage, preparation and completion of direction to pay, preparation of postponement agreement and certificate of independent legal advice where applicable, and advising in writing on registration, validity and priority of mortgage.

Simple incorporations: advising and taking instructions, obtaining approval of corporate name, preparation, completion and filing of incorporation documents for the incorporation of a British Columbia or federal company having one class of shares, preparation and completion of filing of notices of records and registered offices and directors, setting up corporate records, reporting in writing on incorporation and organization of the company and advising in writing ofthe annual report and the annual meeting requirements, and British Columbia extra-provincial registration of federally incorporated companies.

[Appendix 7 added 10/04]

[Table of Contents] [previous appendix] Appendix 7 of seven appendices in the annotated Professional Conduct Handbook

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