Law Practice Essentials

Often, your first communication with potential clients is through your marketing and advertising. Chapter 4 of the Code of Conduct governs the marketing of legal services. You must ensure your marketing and advertising are consistent with current professional standards. While how lawyers market their services continues to grow and change with innovative new marketing tools and communication mediums, limitations remain and you have an obligation to familiarize yourself with the relevant requirements.

Any marketing activity undertaken or authorized by you must be demonstrably true, accurate and verifiable, and in the best interests of the public and consistent with a high standard of professionalism. A marketing activity cannot be misleading, confusing or deceptive, nor likely to mislead, confuse or deceive (Rule 4.2-1 of the Code). Firm names and professional corporations are subject to similar rules (Rule 4.4-1 of the Code).

You may advertise fees charged for legal services, but the advertising needs to be reasonably precise as to the services offered, other amounts to be charged, such as disbursements and taxes need to be disclosed, and you are required to strictly adhere to the advertised fee in every applicable case (Rule 4.2-2 of the Code).

A marketing issue the Law Society sometimes sees is a lawyer advertising that they are a specialist or expert in an area of law. While you may advertise preferred areas of practice, a restriction to a certain area of law, and a description as to your proficiency or experience in the area of law, you are not permitted to use any designation to communicate that you are a specialist in a specified field unless you have received such certification by the Law Society (Rule 4.3-1 of the Code). The Law Society of Alberta does not currently have any such certification program.

See the Law Society’s Ethical and Effective Advertising resource for more information on this topic.