oe

A8 - Wednesday, August 11, 1982 - North Shore News

No suspension decision before September

FROM PAGE A1

other papers, citing sample
fees for everyday legal
services.

Jabour and the law society
have been fighting it out ever
since, at every legal level
right up to supreme court, as
to whether the society had
the right to prohibit its
members advertising.

The North Van lawyer

maintained that such a
restriction on trade was a
contravention of the federal
Combines Investigation Act.

The ruling issued Monday
shows the regulation does
not contravene the act which
outlaws restraint of com-
petition.

The nine high court judges
stated in their ruling: “It can
be seen... that the regulation
of advertising is an ongoing
function of the Benchers
under provincial statute.”

Jabour calculates he has
run up a legal bill of $40-
50,000 fighting the case. He
is also wondering whether he
will be liable for the legal
costs of the law society -
perhaps $30-40,000.

He says such bills would
be sufficient to close down
his low-profit
business and that he would
be forced to return to
conventional legal practice.

But then there is_ the
question of whether he
would even be able to
continue uninterrupted
working as a lawyer or
whether the law society
would go ahead with im-
posing the six-month
suspension agreed in 1978.

That was the penalty
recommended by the
hearing committee of the
law society which con-
sidered the charge that he
had acted unprofessionally
by advertising.

Jabour prevented the
society from imposing it by
obtaining an injunction
which was effective until the
matter of jurisdiction of the

profession had been
determined.
Meanwhile, the law

society has changed its stand
on advertising, allowing
lawyers to advertise their
services but still not to list
prices.

The benchers do not have
a meeting scheduled until
September 24, so Jabour will
have to wait until at least
that date for any discussion
on the question of

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suspension.

Law Society Deputy

Secretary Dennis Olmstead
told the News after the ruling
was announced, that he
would not speculate whether
the suspension would go
ahead.

JABOUR ... couldn't
beat the establishment.
But he did say that as far

as the society had been
concerned the major issue

had been of deciding
jurisdiction over the
profession, rather than

pushing to discipline Jabour.

VALUE.

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The case had to be fought
he said, because it affects all
law societies in Canada.

Now the Benchers_ will
have to determine whether
the penalty recommended to
them four years ago is still
appropriate or whether they
should impose a different
one or none at all.

Jabour told the News:
“They felt a lot hotter about
advertising than they do now
so I don't think there is a lot
of point in giving me a
suspension.”

But he added: “I really
don’t know what I'd do if
they did. It really could be
quite devastating, there is no
doubt about that.”

Jabour is looking at his
defeat philosophically,
saying that he must have lost
the battle but he considers
he won the war, since the
law society amended its rules

‘to allow advertising during:

the course of the dispute
with Jabour.

The question that remains
is what the cost will be to
Jabour. He is already
concerned that the price
may be his present mode of

6617241

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practicing law.

“Unfortunately I am faced
with a horrendous legal bill
which will take me a lifetime
to pay off with my present
profit.”

“It really goes against the
grain for me to become a
more traditional type of

lawyer. I wasn't out to make

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