He’s a handsome older man with a thicket of silver hair and a sincere-sounding message.
“At the Preszler Law Firm, we focus on helping victims recover from their injuries. We can help them get the financial compensation they deserve…And remember, you don’t pay unless we recover money for you.”
It would be reasonable to assume that the man speaking in numerous advertisements in the last decade is a lawyer and senior partner at the personal injury firm founded in 1959 by Robert Preszler. Perhaps even Preszler himself.
That would be wrong.
He is actor John Fraser, whose other roles include a part in three J.P. Wiser’s Whisky commercials, a grandfather with a bad knee in an ad for Tylenol, and a general in Good Will Hunting, a 1997 drama starring Matt Damon and the late Robin Williams.
“We work for you, not the other way around,” the Preszler pitchman says in one of the many legal ad commercials.
On the Preszler homepage, Fraser stands front and centre in the firm photo surrounded by lawyers from the firm. One of the main ads features Fraser on his own, arms crossed, beside the firm’s name.
You will also see Fraser’s face on Preszler bus advertisements around Toronto. He’s not a lawyer. Until 1988 he was education director of the Peel District School Board, where a secondary school was named for him after his retirement.
How legal services are marketed to the public is a hot topic at the Law Society of Upper Canada, which is studying the issue. The rules state that legal advertising must be “demonstrably true, accurate and verifiable” and cannot be “misleading, confusing or deceptive.” Marketing must also be “in the best interests of the public” and “consistent with a high standard of professionalism.”
A Star investigation has looked into the marketing practices of Ontario’s personal injury lawyers and found dozens of examples of advertising that appears to contravene the law society’s rules of professional conduct.
“Lawyers need to be upfront with the public,” said Adam Wagman, a personal injury lawyer and president of the Ontario Trial Lawyers Association, which represents 1,600 personal injury lawyers and staff in the province. “This includes consistently disclosing when actor portrayals are used in marketing.”
There’s no disclosure on the videos, bus ads or website stating that Fraser is an actor.
A law society working group studying legal advertising, including the use of actors, is expected to make recommendations later this month.
Jeff Preszler, a lawyer at the firm and a son of its founder, Robert Preszler, told the Star Fraser is employed by the firm as a part-time marketing associate. He said his firm is “very proud” of its association with Fraser and that it’s “no secret” Fraser isn’t a lawyer.
“As you know, many companies use spokespersons. We’re no different,” he said. “We think that (Fraser) helps our firm deliver a very positive message about access to justice to the public and most importantly, we don’t represent him to be a lawyer or Robert Preszler. We never have. We never will.”
When asked if it would be reasonable for a member of the public to think Fraser might be a lawyer or even the firm’s founder, Jeff Preszler said: “I can’t say yes or no. But it’s just as reasonable that they don’t conclude that.”
He said the firm has had “a lot of positive comments from judges” about “how we deliver a positive message that’s very clear and transparent.”
When asked which judges made these comments, Preszler said it would be “improper” for him to disclose the names of judges who made statements to him “in private conversations.”
Preszler said that his firm has never been “the subject of a complaint or reprimand by the Law Society of Upper Canada with respect to the usage of John Fraser.” He said “it should be noted that the usage of spokespersons in advertising to deliver a clear, consistent message is commonplace in both Canada and the United States.”
“In our view, there is no harm to the public in the usage of a spokesperson,” Preszler said.
In an interview, Fraser told the Star he receives an annual salary from the law firm to be a “marketing associate.”
“Since 1959, the Preszler Law Firm has helped thousands of people get the compensation they deserve. If you’ve been injured in a car or slip-and-fall accident, or have had your long-term disability claim denied, call us today,” Fraser says in one ad.
Fraser told the Star he has been approached by people over the years who have mistaken him for a lawyer. He said he always makes it clear that he is not a lawyer.
“To the best of my knowledge in the 10 years I’ve been their brand…I know of no case or instance where people were disappointed or misled that I wasn’t a lawyer…I don’t know of any confusion that has come from it. I don’t know of any harm that has come from it in any way,” Fraser said.
Fraser, who said his agent recently negotiated a contract with Preszler to use his image as the face of the firm for the next 10 years earning about $20,000 annually, said he is comfortable using the word “we” in the commercials because he is an employee of the firm that members of the public can contact, if they desire, by calling Preszler. He added that he represents the firm with pride because it is an organization that provides assistance “to people who are really in need.”
Derek Shipman, the producer of the Preszler ads, said he chose Fraser at a general audition about a decade ago because he “fit” Shipman’s vision for the firm. And, Shipman said, “he kind of reminded me” of Robert Preszler.
Since, Shipman said he has produced 60 spots for Preszler and he and Jeff Preszler have always been intent on making each one conform to the rules set out by the law society.
“If there is any misrepresentation or if…someone complained about the spot, I would be the first to know,” Shipman said.
Still, Shipman said, “we are very careful about what we put on the air and making sure we’re not misrepresenting anything.”
In a follow-up email, Shipman said Fraser is employed by Preszler “as their spokesperson” and was not hired “to be an actor.”
“John Fraser is John Fraser on camera — not John Fraser acting,” Shipman said. “John reads lines from a teleprompter and wears his own suit just as any corporate spokesperson would do. Please do not characterize him as an actor in the Preszler commercials. He is not acting.”
“There’s a reason why spokespersons are employed,” said Jeff Preszler. “They’re able to deliver messages effectively. And we think John delivers our firm’s message very effectively.”
Preszler and Shipman told the Star that the law society was fine with their ads.
The Star asked the law society about this and received this response: “Lawyers and paralegals do not submit advertising for prior approval to the law society — they are obliged to comply with the relevant rules regarding advertising and marketing.”
Michele Henry can be reached at 416-312-5605 or mhenry@thestar.ca .
Michele Henry can be reached at 416-312-5605 or mhenry@thestar.ca .
Kenyon Wallace can be reached at 416-558-0645 or kwallace@thestar.ca .
Kenyon Wallace can be reached at 416-558-0645 or kwallace@thestar.ca .
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