Aggressive advertising by solicitors, which has been blamed for the 'compensation culture', will be restricted by new regulations, writes Carol Coulter, Legal Affairs Correspondent
Until 1988 people seeking the services of a lawyer had to rely on word of mouth or seek out a solicitor's plaque in the street. Advertising was banned by the internal rules of the Law Society.
Under Government pressure the Law Society removed the ban in 1988, and the new situation was later reflected in law in the 1994 Solicitors (Amendment) Act.
The result was a profileration of display advertisements in telephone directories and hoardings, with over 50 pages of solicitors' advertisements now published in the Yellow Pages alone. Some contain photographs of solemn-looking solicitors, carefully posed behind or on desks, in front of impressively-laden book-cases. Many proclaim that they specialise in accidents at work or personal injuries, offer their services on a no-win-no-fee basis and often state that most cases are settled out of court.
This type of advertising is now to be banned by new regulations from the Law Society. It was widely blamed for the large volume of Army deafness claims and is also held responsible for the growth in employer's liability claims.
In recent years the Government has indicated a change of heart on solicitors' advertising. Accordingly, the Solicitors (Amendment) Act of 2002 imposed new restrictions on advertising, outlawed specific references to personal injuries and provided for the Law Society to make detailed regulations on the matter.
These regulations have been drawn up and were accepted unanimously by the council of the society last Friday. They were sent to the Minister for Justice and, if approved, are due to come into force on November 1st. They are intended to stamp out any inducements to make claims that might otherwise not be made, especially if the claimant knew in advance he or she would have to bear the costs.
The banned phrases include, for example, "no foal, no fee", "no win, no fee", "free first consultation", "most cases settle out of court", "insurance cover arranged to cover legal costs" or any other words of phrases which could be construed to mean that legal services "would be provided by the solicitor at no cost or reduced cost to the client".
Another much-criticised practice was that of offering to take cases for a percentage of the eventual award. Advertisements to that effect will also be banned by the new regulations, and any reference to personal injuries must be accompanied by an explicit statement that fees will not be charged on this basis.
Other phrases outlawed in the new regulations are "wheelchair accessible offices", "handicap parking" or any reference to a willingness to make hospital or home visits. Cartoons are also banned, in an attempt to prevent graphic illustration of the type of accident that might attract compensation.
Under the new regulations, specific references to personal injuries are also outlawed, although personal injuries can be included in a list of the work normally undertaken by a solicitor or firm.
The regulations also ban the placing of advertisements in "inappropriate" places.
As well as imposing stricter controls on advertising, they prohibit soliciting work from a person not already a client, "where such a direct unsolicited approach is likely to bring the solicitors' profession into disrepute". This includes making an approach to a person involved in a "calamitous event" or near a Garda station, prison or courthouse.
The holding of lectures or seminars on legal topics will be allowed, but not if their primary purpose is to enlist clients.
The regulations also provide for sanctions additional to the disciplinary proceedings that already exist in the Law Society. These include paying the society's costs of investigating alleged breaches of the regulations, up to a maximum of €3,000, and the issuing of a reprimand to a member found to have breached the regulations.
Referring to the new regulations, the director-general of the Law Society, Mr Ken Murphy, said: "Advertising was forced on a reluctant profession in the late 1980s. The great majority regret that it was ever allowed, as it has reduced the esteem in which the solicitors' profession was held by the public generally."