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 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. SOLICITORS (ADVERTISING) REGULATIONS, 1996

"proceedings" includes court proceedings and arbitration proceedings; "professional fees" means fees earned by a solicitor for the provision of legal services.

(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. "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; "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; "client" includes prospective client;

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3(a) In these regulations:

"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. 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

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"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;