LAWYERS: THE RULES HAVE CHANGED ON LAWYER ADVERTISING Law Society of Upper Canada Revised Rules Making legal services available and Advertising (Rules 3.01 - 3.06)
Convocation adopted the following amendments to these rules:
(1) The requirement that any factual information in an advertisement must be verifiable has been deleted, in reliance on the continuing prohibition against false or misleading advertising.
(2) The prohibition against indicating that a price is a discount or reduction or special rate has been deleted.
(3) The prohibition against indicating that a lawyer has a "preferred area of practice" has been deleted.
(4) A new rule governing "Offering Professional Services" (rule 3.06) replaces the old prohibitions against solicitation.
Under the new rule, lawyers may seek to be engaged in professional employment by a prospective client provided that
- the means adopted are not false or misleading;
- do not involve coercion, duress or harassment;
- do not take advantage of a person who is vulnerable or who has suffered a traumatic experience and has not yet had a chance to recover;
- do not interfere with an existing relationship between another lawyer and client for the purpose of obtaining the client's retainer, unless the change of retainer is initiated by the client;
- or that otherwise are such as to bring the profession or the administration of justice into disrepute.
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