Compo solicitors may test ads ban legality in court
Alan Synnott, principal of Lawline personal injury solicitors, yesterday indicated that colleagues in the profession were preparing to challenge the new rules, which some solicitors felt could infringe on their constitutional rights. Advertising by solicitors blamed for boosting the so-called compensation culture will be severely restricted from February 1. The rules were drawn up by the Law Society, the solicitors' own governing body, and signed by Justice Minister Michael
McDowell last week.
"We have been called an elitist profession and doing away with advertising is just blocking off access to lawyers," said Tom Baldwin, of the Dublin-based firm Early & Baldwin Solicitors, which deals exclusively with personal injury cases.
"To advertise what you do and how you do is the way to go."
Advertisements which highlight personal injuries and accident compensation will be outlawed by the new rules, as will those which promise "no foal, no fee".
Until the law was changed to allow advertising 14 years ago, people
seeking the services of a lawyer had to rely on word of mouth or seek out a solicitor themselves.
In 1988, the Government permitted solicitors to advertise their services, as it felt the ban was anti-competitive. The Law Society reluctantly agreed, according to director general Ken Murphy, but only a tiny minority of solicitors actually advertised their
services. Mr Baldwin, who was the first solicitor to advertise his services on radio, television and the Golden Pages directory, said he thought the proposed ban on advertising was "scandalous."
"There should be open competition. If you do away with the no fee unless successful, it means you deny access to the law to people who can't pay."
In recent years, the proliferation of solicitors' advertising was blamed for contributing to the mushrooming of army deafness claims, which threatened to spiral out of control and cost the State more than âŹ2 billion in compensation. Under the new rules, the Law Society will be able to take disciplinary action against any solicitor who advertises in a manner that could be considered an inducement to take a claim. This includes saying that he or she specialises in personal injury cases, or that accidents can produce compensation.
Information on advertisements must be limited to the contact details or the solicitor, his or her qualifications and areas of expertise.
The regulations also places limitations on the size, context, content and location of advertisements. Placing such advertisements near hospitals, cemeteries or crematoria will not be allowed.
