Transparency in the legal world

Much has been written and said about the need for transparency in the legal world, both in terms of the practice of law itself, as well as the business of law.

Traditionally, since ancient times, the law was regarded as sacred. Some laws were considered to be divine in origin, while others were understood to be man-made.

As societies and civilizations evolved, legal principles, doctrines and laws enshrined individual and communal rights. The architects of these laws were often politicians with legal backgrounds, while the practitioners themselves presented a new class of bourgeoisie intent on carving a revered place for itself in the hierarchical structure of society. Lawyers thus began to see themselves, over time, as part of the “upper class”, and with that unchecked need for self-aggrandizement, a hunger for status and money began to surpass the sacred oath of client-centred advocacy. In modern times, that need has evolved with the development of the business of law.

This evolution has unfortunately seen unscrupulous practices emerge in the area of marketing, as well as in the actual behaviour of lawyers towards their clients, other members of the bar, and the public at large.

Guidelines for lawyers

Law societies throughout Canada have created guidelines to promote ethical conduct by its members. These guidelines focus on the general practice of law, as well as the behaviour of lawyers both inside the courtroom and outside of it.

An important aspect of these guidelines is transparency. Lawyers are expected to be transparent with their clients, refrain from misleading the courts, fellow members of the bar, and the public at large. The aim of these guidelines is to deter lawyers from acting in such a way as to bring the administration of justice into disrepute.

Regrettably, however, some lawyers fail to follow these ethical principles and, by their conduct, mislead. There have been numerous lawsuits across Canada by clients against their lawyers for misrepresentation and a lack of transparency in various areas of practice, particularly with regards to misappropriation of trust funds, vaguely worded retainer agreements, and failure to adequately communicate. In addition, investigative news articles and law society disciplinary hearings have arisen in the context of marketing, which some have called the “wild west” and “jungle” side of the business of law.

With the advent of social media and more opportunities than ever to engage with potential clients over multiple media and online platforms, law firms and lawyers have tested the limits of what has traditionally been considered a no-go zone by veterans of the legal profession.

Our principles

At Samfiru Tumarkin LLP, the principles of transparency and ethical conduct by our legal professionals stand as pillars of our practice throughout our offices in Ontario, British Columbia, and Alberta. Our aim is not only to abide by the ethical guidelines set out by the law societies in these provinces but exceed them.

One area where we are particularly active in is marketing. Our type of marketing, however, is not the traditional kind. We realized early on that the usual approach to both the practice and business of law inhibits and runs counter to our vision and objective of improving access to the justice. Lawyers sell their time and their expertise. These are commodities and we, as lawyers, expect members of the public to pay for them.

However, that perspective limits, if not diminishes, access to justice. What if, we thought, we would dispense with the archaic notion that individuals in need of legal assistance must pay for information which we, as lawyers, can easily and quickly provide? What if by being generous with our knowledge, expertise and time, we can empower individuals, improve access to justice, as well generate more business for ourselves? What if these goals are not mutually exclusive of one another?

Our experience over the past 15 years has demonstrated that these objectives are not, in fact, mutually exclusive. Moreover, by providing free legal information, we have increased transparency between what we can offer members of the public, and what they can expect when they retain us to help them solve their legal problems.

Shared ideals

As the national co-managing partner of Samfiru Tumarkin LLP, I have come across many lawyers and non-lawyers who believe in similar ideals.

One such person is Alistair Vigier of Clearway Law  I do not purport to know Mr. Vigier well and our companies are not affiliated in anyway with one another, but I did speak with him at length about his vision for his company, Clearway Law, and his knowledge and expertise with regards to the legal profession. I was impressed by his passion for transparency in the legal world and the methods and lengths to which he is prepared to go to ensure that access to justice is improved.

Alistair and I discussed the toxicity of unscrupulous marketing practices and the need for holding responsible those who trample on, and disregard, ethical, moral, and legal conduct with impunity. We share a vision where the practice of law, as a noble undertaking and, for some, a calling, is not removed from the business of law, and where members of the public, no matter where they live or what type of legal issue they require assistance with, have a place to go to find the help they are seeking.

Strengthening enforcement

Ultimately, ethical guidelines are just that: guidelines. Enforcement mechanisms must be strengthened in order to protect the public from dishonest practitioners and deceitful practices.

Individuals must take great care to research the lawyers and law firms they seek to engage and remember that they are the clients. We, the lawyers, work for them; not the other way around. As more opportunities arise for marketing and business development, and as more lawyers collect and display paid-for (fake) awards, which are devoid of any meaning, on their websites, business cards and social media profiles, the more need there is for proper regulation and oversight of such practices.

However, it is also important to single out and praise those of us who believe in transparency; those of us who believe in improving access to justice, and who believe in breaking down the traditional barriers of access to information that could empower members of the public to better understand their legal rights, and the laws which govern our society.

Learn more about our legal services. For more information about Clearway Law and their services, please visit their website.