Law Times

Law Times • November 11, 2013 Page 3 NEWS OTLA working on new ethical guideline for personal injury lawyers with tow-truck companies, are often Law Times due to misinformation spread by insurance companies, says past OTLA he Ontario Trial Lawyers president Paul Harte. The idea of a Association is asking lawseparate guideline for trial lawyers yers for their input as it was Harte's brainchild. He notes there drafts an "aspirational" ethihave been complaints about civility cal guideline for the personal injury on the part of personal injury lawyers field. and says they haven't always had "the As an area of the bar that deals esteem of the public" they deserve. with vulnerable clients — people who "But instead of cursing the darkhave suffered injuries and losses — ness, we're trying to light a candle," trial lawyers have unique ethical rehe adds. sponsibilities, says OTLA president Even with the Law Society of UpCharles Gluckstein. per Canada's Rules of Professional "In our case, we're dealing with Conduct and The Advocates' Sociindividuals who have suffered a trauety's principles of civility, there's still ma," he says. "They are at their finana gap in the ethical guidelines for cial ends — often that's the case. We personal injury lawyers, according to are their only hope in accessing jusGluckstein. tice. It's a very vulnerable group." Last week in Windsor, Ont., perThe guideline, which is still in the sonal injury lawyer Greg Monforton 'It's going to be principles you can then plug into the dilemma works, will include advice on what that you have,' says Charles Gluckstein. chaired a roundtable on what should to do when clients who already have be in the guideline. a lawyer express concerns over their desire to act as a regulator. The goal is to come up with "a set representation. It will also have provi"It's not going to be a list of what to of best practices" that trial lawyers can sions on prioritizing justice for clients do and what not to do. It's going to be work towards, according to Monforton. over personal gain and maintaining ci- principles you can then plug into the "The OTLA has always strived to vility in court and with colleagues. dilemma that you have," he says. be on the leading edge of constructive In an effort called "standards of exAlthough the issue of personal injury change and we believe as an organization cellence," the OTLA is hoping to come lawyers' public image isn't the driver be- that represents over 1,400 members, we up with core principles personal injury hind the proposed guideline, adhering feel this is a project that will be an imlawyers should follow when faced with to it will ultimately improve their repu- portant one to pursue," says Monforton. ethical dilemmas. The ethical guideline tation, Gluckstein adds. Once the guideline is ready, the will only be an "aspirational" document Popular suspicions about the per- OTLA will present it at its annual generas opposed to a binding code, says sonal injury field, such as the notion that al meeting for approval and distribution Gluckstein, because the OTLA has no trial lawyers have referral relationships to members. LT BY YAMRI TADDESE T Sukonick, DeMerchant seeking $4M in costs BY JENNIFER BROWN Law Times T wo Ontario lawyers cleared of conflict of interest allegations by a Law Society of Upper Canada hearing panel last month are seeking costs estimated at $4 million from the regulator. In a 69-page costs submissions document issued Oct. 31 on behalf of Beth DeMerchant and Darren Sukonick, counsel Philip Campbell of Lockyer Campbell Posner and Ian Smith of Fenton Smith outlined the total time spent defending their clients. They claim that combined, two senior lawyers acting for DeMerchant and Sukonick had logged about 8,000 hours of preparation work and almost 238 hearing days defending them over seven years. Junior lawyers and students carried out an additional 440 hours of work. The submission puts the total cost as being "in excess of $3.6 million and much closer to $4 million with disbursements." In the costs submission document, the lawyers for DeMerchant and Sukonick state: "Where proceedings are unwarranted, the panel has a discretion as to whether to order costs against the law society." The submission suggests the proceedings against DeMerchant and Sukonick were "unwarranted and the result of negligence" and that "either full or substantial recovery of the lawyers' costs is appropriate." LT Since the early days of digital research, the way legal professionals search for and consume information has changed. Today, it's changing again. Because you asked us for change. 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