The Gazette 1994

AUGUST/SEPTEMBER 1994

GAZETTE

L A W B R I E F

Many lawyers would like the right to advertise restricted or even abolished. Two recent developments are noteworthy: there is the Solicitors' (Amendment) Bill, 1994 which contains provisions in relation to advertising, and there is the decision of the European Court of Human Rights in Casado Coca v Spain, (February 1994). The Solicitors' (Amendment) Bill, 1994, passed by Dáil Éireann on June 30, 1994 (but not yet passed by the Seanad) provides that the Law Society shall not prohibit advertising by solicitors. However, the Law Society is given specific authorisation pursuant to section 69(4) of the Bill to prohibit advertising by solicitors which • is likely to bring the solicitors' profession into disrepute, or • is in bad taste, or • reflects unfavourably on other solicitors, or • contains an express or implied assertion by a solicitor that he or she has specialist knowledge in any area of law or practice superior to other solicitors or • is false or misleading in any respect, or • comprises or includes unsolicited approaches to any person with a view to obtaining instructions in any legal matter, or is contrary to public policy. However, the Law Society is not entitled to prohibit the advertising of any charge or fee by a solicitor for the provision of any specified legal service. (Section 69(5) of the Bill). Section 69(6) of the Bill empowers the Society to make certain regulations after two years prohibiting the advertising of any charge or fee by a solicitor for any specified legal service subject to the proviso that such regulations may be made only with the consent of the Minister for Justice and where the Minister is satisfied that such regulations are in

defined as follows:

by Dr Eamonn Hall, Solicitor

"unwelcome or unwanted sexual advances, requests for sexual favours, and other verbal, non- verbal or physical conduct of a sexual nature when: (1) submission to or rejection of this conduct by an individual is used explicitly or implicitly as a factor in decisions affecting hiring, evaluation, promotion or other aspects of employment; or (2) this conduct substantially interferes with an individual's employment or creates an intimidating, hostile or offensive work environment." Examples of sexual harassment set out in the Report included, but were not limited to, unwanted sexual advances; demands for sexual favours in exchange for favourable treatment or continued employment; repeated sexual jokes, flirtations, advances or propositions; verbal abuse of a sexual nature; verbal commentary about an individual's body, sexual prowess or sexual deficiencies; leering, whistling, touching, pinching, assault, coerced sexual acts or suggestive, insulting, obscene or demeaning comments or gestures; and display in the workplace of sexually suggestive objects or pictures. The Report states that the above behaviour, constituting sexual harassment, was unacceptable both in the workplace itself and by any person in any setting outside the workplace including, but not limited to, other work-related settings such as business trips, court appearances and business- related social events.

Sexual Harrassment

The Employment Equality Agency has prepared a draft Code of Practice on the Protection of the Dignity of Women and Men at Work. The draft code had been compiled by the Agency, based on broad consultation and agreement among employer bodies and trades unions. The draft code is being examined by the Department of Equality and Law Reform. (See reply to Parliamentary Question in 444 Dail Reports col. 1668, June 30, 1994). The Minister for Equality and Law Reform, Mr. Taylor, stated that he intended to have the draft code published shortly in line with a commitment given in the Programme for Competitiveness and Work. It would then be promoted, monitored and reviewed by the Employment Equality Agency. Implementation of the code will be on a voluntary basis. However, the Minister proposed to give it statutory recognition in the forthcoming employment equality legislation so that cases for decision by the Equality Officer, the Labour Court or civil courts could have due regard to the contents of the code. The Minister also stated that the code would put in place an appropriate Irish measure giving effect to the EU Resolution on the protection of the dignity of men and women at work adopted by the Council of Ministers in May, 1990. What is sexual harassment? There is probably no satisfactory definition. However, the writer refers to a definition set out in a Report of the New York State Bar Association Committee on Women in the Law dated October, 1992 entitled "Sexual Harassment - A Report and Model Policy for Law Firms". In that Report, sexual harassment was

The new code is awaited.

Advertising by Solicitors

Criticism has been expressed of the manner in which some solicitors in Ireland are advertising their services.

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