S.I. No. 351/1996:

SOLICITORS (ADVERTISING) REGULATIONS 1996

SOLICITORS (ADVERTISING) REGULATIONS 1996

The Law Society of Ireland, in exercise of the powers conferred on them by Section 5 of the Solicitors Act, 1954 and Section 71 (as amended by Section 69 of the Solicitors (Amendment) Act, 1994 ) of the Solicitors Act, 1954 HEREBY MAKE the following Regulations:

1. (a) These Regulations may be cited as the Solicitors (Advertising) Regulations, 1996.

(b) These Regulations shall come into operation on the First day of January, 1997.

2. The Solicitors (Advertising) Regulations, 1988 ( S.I. No. 344 of 1988 ) are hereby revoked.

3. ( a ) In these Regulations--

"the Act of 1954" means the Solicitors Act, 1954 (Number 36 of 1954);

"the Act of 1960" means the Solicitors (Amendment) Act, 1960 (Number 37 of 1960);

"the Act of 1994" means the Solicitors (Amendment) Act, 1994 (Number 27 of 1994);

"advertisement" means any form of advertisement of or by a solicitor which seeks to promote the provision of legal services by that solicitor to a client or prospective client, and includes a media advertisement or release, a directory advertisement: or entry, a brochure, or stationery; and "to advertise" shall be likewise construed;

"client" includes prospective client;

"the Disciplinary Tribunal" means the Disciplinary Tribunal established by Section 6 (as substituted by Section 16 of the Act of 1994) of the Act of 1960;

"he" and other cognate words denoting the masculine shall also include "she" and other cognate words denoting the feminine;

"legal services" means services of a legal or financial nature provided by a solicitor arising from that solicitor's practice as a solicitor, and Includes any part of such services;

"proceedings" includes court proceedings and arbitration proceedings;

"professional fees" means fees earned by a solicitor for the provision of legal services;

"the Society" means the Law Society of Ireland;

"solicitor" means a person who has been admitted as a solicitor and whose name is on the roll of solicitors maintained pursuant to Section 9 (as substituted by Section 65 of the Act of 1994) of the Act of 1954; and a reference to a solicitor includes a reference to a firm of solicitors unless the context otherwise requires and includes a former solicitor or a deceased solicitor unless the context otherwise requires.

(b) Others words and phrases in these Regulations shall have the meaning assigned to them by the Solicitors Acts 1954 to 1994.

(c) The Interpretation Act, 1937 shall apply for the purposes of the interpretation of these Regulations, as it applies for the purpose of the interpretation of an Act of the Oireachtas, except insofar as it may be inconsistent with the Act of 1954, the Act of 1960, the Act of 1994 or these Regulations.

4. Subject to Article 5 of these Regulations, it shall be lawful for a solicitor to advertise.

5. (a) An advertisement shall be in such a form as shall not--

(i) be likely to bring the solicitors' profession into disrepute, or

(ii) be in bad taste, or

(iii) reflect unfavourably on other solicitors, or

(iv) contain an express or implied assertion by a solicitor that he has specialist knowledge in any area of law or practice superior to other solicitors (except to the extent permitted under any regulations made pursuant to Section 71(7) (as inserted by Section 69 of the Act of 1994) of the Act of 1954), or

(v) be false or misleading in any respect, or

(vi) comprise or include unsolicited approaches to any person with a view to obtaining instructions in any legal matter, or

(vii) be contrary to public policy.

(b) Without prejudice to the generality of sub-Article (a)(i), (ii) and (v) of this Article, an advertisement which uses the words "free" or "no foal no fee" or other similar words which expressly or impliedly indicate that the provision of legal services would be without obligation on the part of a client to pay professional fees to the solicitor providing such legal services, whether at all or only in circumstances of there being a successful outcome to the issue the subject matter of such legal services, shall be deemed to be an advertisement which is likely to bring the solicitors' profession into disrepute and to be in bad taste and to be false and misleading, unless the advertisement expressly makes it clear--

(i) whether or not the client would be liable for any outlays, disbursements and expenses incurred by the solicitor concerned in the course of providing the legal services; and

(ii) where the legal services to be provided by the solicitor concerned might involve the taking or defending of proceedings, that the client might be liable for legal costs to another party or parties to such proceedings.

(c) Without prejudice to the generality of sub-Article (a)(i) (ii) and (vii) of this Article, an advertisement which makes reference to a calamitous situation or event shall be deemed to be an advertisement which is likely to bring the profession into disrepute and to be in bad taste and to be contrary to public policy.

6. (a) It shall be the responsibility of a solicitor to ensure that any advertisement issued by him or with his authority complies with the foregoing provisions of these Regulations.

(b) An advertisement which includes the name of a solicitor shall, unless the contrary is proved, be deemed to have been issued (on the form In which it was issued ) by that named solicitor or with his authority.

(c) A solicitor shall keep a copy of any advertisement issued by him or with his authority, together with (where appropriate) the written instructions given by him for the issuing of such advertisement, for a period of at least twelve calendar months from the latest date of its issue, and shall furnish to the Society a copy of such advertisement and (where appropriate) such written instructions when requested to do so by the Society within that period.

7. Without prejudice to the generality of Section 3 (as amended by Section 24 of this Act of 1994) of the Act of 1960, any breach of these Regulations may, upon due enquiry by the Disciplinary Tribunal pursuant to Section 7 (as substituted by Section 17 of the Act of 1994) of the Act of 1960, be found by the Disciplinary Tribunal to be misconduct within the meaning of Section 3 (as amended by Section 24 of the Act of 1994) of the Act of 1960.

Dated this 28th day of November, 1996.

Signed on behalf of the Law Society of Ireland pursuant to Section 79 of the Solicitors Act 1954 :

______________________

Francis D. Daly,

President of the Law Society of Ireland.