The premier weekly newspaper for the legal profession in Ontario
Issue link: https://digital.lawtimesnews.com/i/63031
lAw Times • April 27, 2009 NEWS Use of web site photos a personal choice BY JULIUS MELNITZER For Law Times L aw fi rm web sites are now ubiq- uitous. So are bios on the web sites. And photos . . . well, they're not quite so ubiquitous. Andrea FitzGerald, a securities part- because the policy of most fi rms is not to require an explanation when lawyers don't want their pictures online. "We simply receive ner at Toronto's Cassels Brock & Black- well LLP, only recently put her photo back on the fi rm's site after an absence of several years. She's discreet about the gap, but the memories are painful. "I had my picture removed because a personal security concern arose," FitzGerald says. "Someone — I had no idea who it was, but who obviously had issues — started contacting me after seeing my picture online." She removed her picture. "It made me feel better and the con- tact stopped soon after," she says. It's not clear how frequently women law- yers' pictures don't accompany their bios. "It's not common but it's not un- common," says Kelli Wight, director of business development at Cassels Brock. "I know of at least four or fi ve instances at other fi rms where woman have asked that their photos not appear for per- sonal security reasons." It's hard to pin down exact numbers the request and com- ply," Wight says. According to a highly placed admin- istrator at one national law fi rm, about 95 per cent of the fi rm's law- yers have their photos online. "But there's a group among the younger gen- eration — some men as well as women — who aren't comfortable about it because they know there are strange people out there," the administrator says. Th e additional risk March from a Mont- gomery County, Pa., female defence lawyer speaks not only to the vulnerability of wom- an in the public eye but to the impact of inappropriate commu- nications. Th e woman was testifying during the trial of a 30-year- old male she had once defended on a theft charge. Th e man, who was convicted of ha- rassment and stalking, had sent the lawyer a series of sexually of- fensive letters. Testimony in early Andrea FitzGerald recently put her photo back on her fi rm's web site after an absence due to security concerns. posed by adding a photo to contact particulars is open to argument, though it's well known that graphics are powerful catalysts for devi- ant conduct. What isn't open to argu- ment is the potentially devastating im- pact of inappropriate communications. Although he testifi ed he had no in- tention of harming her, he faces a maxi- mum sentence of two-and-a-half to fi ve years in prison. For her part, FitzGerald says she doesn't she says. But she is suffi ciently over the intrusion believe she suff ered any professional disad- vantage from removing her picture. "I never had the question come up," to have her picture back online again. "I wanted the photo back online for lence and guns, in his letters. I know he's never going to stop. He's never go- ing to stop writing to me." Th e lawyer was so fearful she kept a detective's phone number in her pocket in case she ever encountered the man. "I was afraid for my family and my own safety," the woman testifi ed. "He talks about sexually explicit things, also with vio- marketing purposes," she says. "A pic- ture is a helpful thing especially when you're involved as a speaker in external events." Th e widespread use of photos to some degree speaks to the individual- ism that pervades the legal profession. For example, while the overwhelming majority of lawyers have bios and pho- tos on their fi rms' web sites, it's almost impossible to obtain information about a particular fi rm member from account- ing fi rms' online presence. "Lawyers' approach has the benefi t PAGE 3 of providing all kinds of data to clients and potential clients," says one large law fi rm's marketing chief. "But the accoun- tants' way of doing things speaks to how deeply the team approach is ingrained in that profession." LT Clarkson: governor general's role must 'evolve' BY ROBERT TODD Law Times t's time to remove the veil from the offi ce of the gover- nor general and set up spe- cial parliamentary hearings to confi rm prime ministers' selec- tions for the post, says Adrienne Clarkson. I the governor general must evolve. I think it has to be clearer to Ca- nadians why somebody is gover- nor general," said Clarkson, the country's 26th governor general, during a speech to a constitution- al law conference organized by Osgoode Hall Law School. Clarkson, 70, also thinks gov- ernors general should be limited to a six-year term, and that last December's parliamentary cri- sis demonstrates the failure of educators, journalists, and poli- ticians to inform the public of Canada's system of government. "At the time of November/ "I do believe that the offi ce of December 2008 what struck me most was not what was going on in Ottawa, but what was going on in people's heads in the coun- try," said Clarkson. "Th e abys- mal ignorance shown by people about our own very worthwhile and sturdy form of government was hilarious or horrifying de- pending on your point of view." Clarkson noted that, despite her signifi cant contributions to Canadi- an society as a journalist, publisher, and chairwoman of the Canadian Museum of Civilization, she would have been more than happy to an- swer questions from MPs before assuming the offi ce of the governor general. She even fl oated the idea of televising the hearings. "Canadians have a right to know who is going to be their governor general and to ask them questions," she said. "I know the traditionalists will all say this could be very undignifi ed, but generally I fi nd that Canadians are not as undignifi ed as they think they could be." Clarkson said a fi xed term of six years makes sense, as it would mean that the offi ce holder would be in place for at least two governments. Gover- nors general under Clarkson's plan would be restricted to a single term, she added. "Let's just say having experi- enced it, that I think six years is a long time in Canada with its six time zones and huge travel- ling times." University of Toronto Faculty of Law Prof. Lorne Sossin, editor of the new book Parliamentary Democracy in Crisis: Th e Dilem- mas, Choices and Future of Parlia- mentary Government in Canada, backs Clarkson's proposal. "If the governor general is go- ing to be exercising this critical discretion to the legitimacy of parliamentary democracy . . . then I think it is important to con- sider what both the criteria for appointment are and what the process ought to be," he says. Clarkson shot down the idea of an elected governor general, conceding that no prime min- ister would want such a rival at the top of the Canadian political structure, and that such an elec- tion would be expensive. Despite her calls for mod- ernization, Clarkson seemed in — Go to www.lawtimesnews.com to see a video from Clarkson's speech favour of holding on to the tradi- tions surrounding the offi ce. "When Parliament ratifi es the choice of governor general that name then would be presented to the Queen and all the ap- propriate and historic ways that we have had governors general appointed would then fall into place," she said. LT Looking for the right talent? (Haystack not included) The right fit for your practice. Kent Legal's unique experience and superior technology ensures it is business as usual by matching your practice with the right legal support. Our highly trained recruiters possess impressive first-hand experience in the legal industry. They abide by a strict code of integrity, trust and excellence that has made Kent Legal one of Canada's most reputable legal recruitment firms today. For more information call (416) 363-7227 or visit kentlegal.com www.lawtimesnews.com