Law Times

Law Times • OcTOber 1, 2018 Page 11 www.lawtimesnews.com Some areas of law tough to advertise Traditional marketing by lawyers can work BY SHANNON KARI For Law Times W hile it may seem to be an anachro- nism to anyone who is newer to the profession, it was not that many years ago that one of the major marketing decisions for lawyers was whether to take out an advertisement in the Yellow Pages that serviced the local community. That time has passed, of course, and now advertising can be done through websites, social media, radio, television or vari- ous forms of billboards. For potential clients in many parts of the province, legal adver- tising seems to be omnipresent. In the advertisements, there can be promises of free initial consultations, no fees paid until there is a settlement and a strong implication that the experience will end with a favourable finan- cial result for the client. "I worry about the perception of the public. It sounds as if it is all free," says Jaye Hooper, who heads Hooper Litigation in Ot- tawa. She is also president of the Federation of Ontario Law As- sociations, which advocates on behalf of the 46 local law asso- ciations in the province. "We have made our concerns known to the Law Society [of Ontario]," says Hooper, who adds that FOLA has been sup- portive of changes made last year by the regulator that are related to referral fees and advertising. Since the changes came in, the LSO has initiated disciplin- ary hearings against some firms based on their marketing prac- tices. "We just hope they will con- tinue to enforce the rules," says Hooper. Warren WhiteKnight, presi- dent of the Frontenac County Law Association, says the best way to counteract widespread advertising from outside firms is through traditional methods of marketing or networking. "You need to be tapped into the community," says White- Knight, a lawyer at Bergeron Clifford LLP, a personal injury firm in Kingston, Ont. "You can level the playing field with community involve- ment," says WhiteKnight, who says efforts can include volun- teering or teaching. "We try to serve the commu- nity properly," he says. "Like other personal injury firms, we have satellite offices. But if I get an Ottawa file, I do the actual legwork and I go to Ottawa." WhiteKnight suggests the LSO consider a marketing cam- paign urging the public to "buy local" similar to what farmers in the province have done. Corey Wall, president of the Simcoe County Law Associa- tion, says he believes the wide- spread advertising by firms in major markets is having an im- pact on the provision of certain types of legal services in smaller communities. "I practise an hour north of Toronto and I recently had a dif- ficult time finding a local lawyer to handle an immigration mat- ter," says Wall, a lawyer at Carroll Heyd Chown LLP in Barrie, who focuses on estate litigation. He adds that certain areas of the law do not lend themselves to adver- tising to the general public. "How do you advertise fam- ily law? It is difficult to be taste- ful," says Wall. For the overwhelming ma- jority of lawyers in Ontario, however, regardless of their views on radio spots or bill- boards on city buses, there may not be the money to advertise — especially for small firms or sole practitioners. Some methods that lawyers have used in the past are still just as important today, says Wall. "Your community needs to recognize you as being local. You should go out and sponsor events and do those things that have traditionally brought hon- our and repute to the profession. For those of us who are not part of the television scene or not at a big corporate firm, it is about getting into the community and networking," he says. The Simcoe association in- cludes practice groups in vari- ous areas of the law that meet once a month to discuss com- mon issues, including market- ing, which Wall says is also ben- eficial for its members. Using technology can also be a way to network or market one's legal services, Hooper says. "I don't have the budget for advertising, nor would I want to be on the side of a bus. But social media is getting bigger." There are numerous soft- ware programs that exist now to be able to build a professional website inexpensively, Hooper says. "You need a website these days to let the public know that you exist." Another issue that may be a concern in a time of widespread advertising with big promises is FOCUS • What is litigation funding and what types of cases are suitable? • How do companies typically use funding, and how does the process work? • Due diligence process • The "nuts and bolts" of a funding relationship and selecting an appropriate funder • Canadian case law, international trends and special issues for arbitration COURSE HIGHLIGHTS: COURSE CHAIR: JENNIFER BROWN, MANAGING EDITOR CANADIAN LAWYER INHOUSE/LAW TIMES *Discount applies to in-class only REGISTER BEFORE OCTOBER 26 AND SAVE 25%* Toronto & Webinar | November 20 Register online at www.lexpert.ca/legal-programs For questions and group rates, please contact: Toll-Free: 1-877-298-5868 • Direct: 416-609-5868 Fax: 416-609-5841 • • Email: cpd.centre@thomsonreuters.com LITIGATION FUNDING: A TOOL FOR RISK MITIGATION AND REVENUE GENERATION Untitled-1 1 2018-09-26 8:20 AM Jaye Hooper says she had made concerns about some kinds of lawyer advertising clear to the Law Society of Ontario. Your community needs to recognize you as being local. Corey Wall See Clients, page 12

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