Presentation at the Canadian Association of Black Lawyers (CABL) at the Law Society of Upper Canada on October 25, 2012.

1. Omar Ha-Redeye, Fleet Street Law
Oct. 26, 2012
Law Society of Upper Canada (LSUC)

2. 1. Pros/Cons of Association vs. Sole Practice
2. Leveraging Internet and Social Media

3.  LSUC, Guide to Opening Your Practice - for
lawyers, September 2010:
 There is no specific legal definition of an “association.”
 Lawyers who choose to practise in association with other
lawyers usually operate their separate practices from the
same location, with an agreement to share the overhead
costs.
 Available at: http://rc.lsuc.on.ca/pdf/practiceGuides/openingYourPracticeGuide.pdf

4.  Legal liability is technically the same as sole
practice (but see warnings below)
 Often has a management or shell company for
lease, marketing, overhead expenses
 Members of association pay dues, rent, or other
arrangements to cover expenses
 Can be co-located, or not
 Ability to share resources, mentor each other

6.  Tiago v. Meisels, 2011 ONSC 5914 (Summary J
motion)

7.  “…lawyers choosing to practise in association
are obliged to clearly identify the nature of the
relationship between the associated parties to
clients and the public at large.”
 LSUC, Guide to Opening Your Practice - for lawyers

8.  Determine responsibilities of each party in the
association and clearly define them
 Consider preparing a written association agreement
 Consider whether association could be
perceived as a partnership
 Courts have used various tests to differentiate a true
association from an apparent partnership, such as
 whether the parties share premises and resources
 the use of a single firm name on pleadings
 sharing of bank accounts

9.  Clearly state the association relationship on
your letterhead, business cards, signage and
advertising
 How much is enough?
 Consider confirming this for clients in your
retainer agreement
 Lawyers practising in association may not
share trust accounts.
 must deposit client money into a trust account in
accordance with By-Law 9 under Law Society Act

12.  “The failure to directly respond to the unique
challenges, concerns, and recommendations of the
racialized law community is indicative of the fact
that the contemporary legal profession in Canada
embodies a dichotomy between a theory of
equality and the practice of cultural hegemony.
So, while law schools and law societies are
expressly committed inclusiveness, many have
become the first line of defense against truly
leveraging multicultural diversity in the
profession.”
 Lorne Foster, “Lawyers of Colour and Racialized Immigrants with Foreign Legal
Degrees:An Examination of the Institutionalized Processes of Social Nullification,”
International Journal of Criminology and Sociological Theory, Vol. 2, No. 1, June 2009, 189-
217. Available at:
http://pi.library.yorku.ca/ojs/index.php/ijcst/article/viewFile/22159/20813

13.  Clayton Ruby (dissent):
 [49] ...Reflections on the effect of our disciplinary
proceedings are not only appropriate, but
essential. We cannot close our eyes to the
disproportionate number of black lawyers whom
we find before us faced with very grave
professional misconduct allegations.
 Law Society of Upper Canada v. Selwyn Milan
McSween, 2012 ONLSAP 3, available at:
http://canlii.ca/t/fpnmz

14.  Ability to consult, communicate, assist each
other
 Ideally would reduce cases of discipline in black
community
 Exceptions to confidentiality provisions
 Ensure this is stated in retainer agreements
 Consider Proposed Amendments seek to adopt
elements of the Federation of Law Societies of
Canada’s Model Code of Professional Conduct
 Also consider higher LawPRO fees

16.  Purposes of social media and internet
marketing:
1. Lead generation
2. Reputation management

17.  “Lead generation is a marketing term used, often
in Internet marketing, to describe the generation of
consumer interest or inquiry into products or
services of a business…
 There are many tactical methods for generating
leads. These methods typically fall under the
umbrella of advertising, but may also include non-
paid sources such as organic search engine results
or referrals from existing customers.”
 Wikipedia, “Lead Generation,” http://en.wikipedia.org/wiki/Lead_generation

19.  “Reputation management is the practice of
understanding or influencing an individual or
business' reputation.
It was originally coined as a public relations
term, but advancement in computing, the
internet and social media made it primarily an
issue of search results.”
 Wikipedia, “Reputation Management,”
http://en.wikipedia.org/wiki/Reputation_management

21.  Lawyer Locate
 Advice Scene
 My Law Bid
 Legal Linkup
 My Support Calculator
 And more…

22.  Possible returns:
 New business
 Better client satisfaction
 Higher fees
 Avoid trying to quantify returns directly
 Inherent difficulties with Internet quantification
 Keep financial investment low by developing
strategies yourself
 True cost is in time

26.  Phone: 416-546-7412
 E-Mail: Omar@FleetStreetLaw.com
 Facebook:
http://www.facebook.com/TO.Lawyer
 LinkedIn: ca.linkedin.com/in/torontolawyer
 Twitter: @OmarHaRedeye