The Gazette 1996

Solicitors (Advertising) Regulations,

1996

New advertising regulations, revoking

the

Solicitors (Advertising) Regulations,

1988

come into operation on 1 January

1997. The new regulations reflect the

provisions of Section 69 of the

Solicitors (Amendment) Act, 1994.

Any advertisements sent.for publication

after the commencement date should

comply with the new regulations, which

should be read in conjunction with

Section 69 of the Act.

Particular attention should be paid to the

fact that "no foal/no fee" type advertis-

ing must make it clear whether the client

will be responsible for outlays and must

explain that a client can incur liability

for a third party's costs. The regulations

also prohibit advertising "by reference to

a calamitous situation or event". This

means that solicitors may not advertise

for business arising out of, for example,

a specific bus or train accident.

The Society's Professional Practice

Directorate will be happy to deal with

any initial queries and solicitors who

would like to submit draft advertisements

for approval, in advance of publication,

are encouraged to do so. In most cases, a

decision on individual advertisements

will be made within ten days.

The full text of the new regulations is

set out below.

STATUTORY INSTRUMENT NO

351 OF 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.

The

Solicitors (Advertising)

Regulations, 1988

(SI 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.

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.

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

361