Law Times

Law timeS • September 10, 2012 BRIEF: PERSONAL INJURY LAW Three firms take new tack in personal injury marketing Advertising campaign ion of personal injury lawyers. Three law firms have joined to- I BY SIOBHAN McCLELLAND For Law Times t's out with the familiar ambu- lance-chaser commercials and in with a new ad campaign aiming to elevate public opin- gether to form the Personal Injury Alliance, a group marketing effort that allows injured persons to get in touch with lawyers at McLeish Or- lando LLP, Oatley Vigmond, and Thomson Rogers. Since June 2012, the alliance has had radio and TV ads that feature real clients telling their stories. The ads emphasize ensuring accident victims receive the highest level of legal representation available and focus on their needs into the future, something they can't necessarily get with a quick settlement. The ads differ greatly from those usually found in the United States that promise fast cash and quick settlements. The alliance' paign has the potential to encour- age a more professional image of the plaintiff bar. "Our perception was that there s ad cam- [were] some people that were pro- moting themselves in a less than a professional and tasteful way that we thought didn't give the best im- pression of our profession," says Jim Vigmond of Oatley Vigmond. "Traditionally, our three firms have never advertised," says Dale Orlando of McLeish Orlando. In the past, he notes, the firms' busi- ness came by word of mouth. A few years ago, he started seeing some aggressive marketing on the Inter- net and TV with firms all claiming to be the best. When the three firms got to- gether, Orlando says they decided they wanted to take a different tack in terms of advertising by avoiding the ambulance-chaser stereotype. "There are firms that I think leave the impression that it's a quick fix — that if you have a car crash, as they will call it, call us and it' s almost like an instant money sort of thing," says Vigmond. He PAM LeJEAN Graduate Dalhousie University good and classy. But on the other hand, he says it' on the radio and TV. Despite more firms advertising in the me- dia, it's still difficult for injured people to find s just three more law firms advertising the right lawyers to handle their claims, par- ticularly in serous or catastrophic cases. "We did perceive that there were some think there is a concern that people might have difficulty in being able to identify which firms are top-notch firms and have the necessary re- sources and quality of personnel. people that weren't getting the top-level repre- sentation that they deserved, " says Vigmond. "I clients who have sustained serious personal injuries. Vigmond says if a person with a relatively minor soſt-tissue injury calls the alliance member firms, they won't take the case on and, if asked, will most oſten refer the person to the lawyer referral service. "By no means are we saying that we are the only people that know what they're doing," The alliance member firms only take on " that we're great friends with that are excellent lawyers. But we do think that we are three of the best and I suppose if you asked other firms, they'll say that [the alliance firms are] one of the three best." Orlando points out each of the alliance firms are, based on objective criteria, highly rated. Each, for example, has had past presi- dents of the Ontario Trial Lawyers Association among its lawyers. Orlando has heard rumblings that the whether they have a large support staff able to handle cases against well-funded insurers. In addition, they recommend people talk to other lawyers and health-care professionals for their thoughts on the lawyer they're con- sidering. "These are all things we think people should do when they hire a plumber, rer. "Lawyers are no different." Some members of the defence bar have advertising is exclusionary but notes they're designed to promote the people paying for them. He also says they don't comment on any other law firms in the advertising they've done. He adds he isn't saying the alliance mem- ber firms are "the only law firms in Ontario that handle personal injury cases well but are certainly three of the best." Alan Farrer, managing partner of Thom- Vigmond notes. "Of course, we've got loads of colleagues out there that practise personal injury litigation son Rogers, emphasizes the objective criteria the alliance member firms believe clients may want to consider when choosing a lawyer. They include whether lawyers are certified specialists by the Law Society of Upper Can- ada; whether they have trial experience; and counsel had more experience. He notes he's expressed concerns to Vigmond that there were some very complex catastrophic files they thought could likely have been handled better from the plaintiff ' s perspective had received comments from defence lawyers that they like being part of a profession that is seen by the public as being professional and, for that reason, he thinks many of them like the ads and appreciate dealing with the alli- ance member firms. " the defence bar] think that we're the only three firms to deal with and we're not imply- ing in any way that other law firms are not competent. We're just saying that we feel that we are three of the best." At no time am I saying that [lawyers from LT " says Far- PAGE 17 prefers to distance himself from that kind of approach by focusing on the long-term interests of the clients, the professionalism of the representation, and getting the clients the best results to secure their financial future. James Howie of Howie Sacks & Henry LLP says the alliance's ads are "refreshing" and believes they help better portray the plaintiff' bar and what firms are trying to do. Howie notes some other ads s have emphasized big-dollar reso- lutions and quick settlements. He contrasts the direct-to-consumer approach taken by the ads with the way his firm typically gets clients: referrals from other lawyers and people in the medical communi- ty. He thinks that' The McKellar Structured Settlement™ Financial security. Guaranteed payments. 100% tax free. Some decisions are easy. lawyers will get their clients. Howie says there are a couple of aspects to the alliance's ads. On the one hand, he says they're s the way most Untitled-3 1 www.lawtimesnews.com 12-04-30 4:30 PM

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