EARLIER this month, the Law Association of Trinidad and Tobago (LATT) issued a reminder to its membership of Rules 3, 5 and 6 of Part B of our Code of Ethics (Third Schedule of the Legal Profession Act, Chapter 90:03) which basically sets out a total ban on advertising legal services.
Rule 6(1) illustrates the point nicely, where it states:
“An Attorney-at-law shall not in any way make use of any form of advertisement calculated to attract clients to himself or any firm with which he is associated and he shall not permit, authorise or encourage anyone to do so or reward anyone for doing so on his behalf.”
LATT’s email specifically mentioned it was monitoring advertising and touting through third parties on social media. Many folks might think advertising the services you have to offer on social media is a normal business practice, so what’s all this fuss about lawyers advertising there?
Well, as mentioned above, legally, attorneys cannot advertise anywhere. The ban is based on old English law where it was felt clients and legal work should be gained through reputation and recommendations. To permit advertising would go against the concept of a noble profession, which could then promote jealously among lawyers. Then there was also the fear of false or exaggerated advertising by attorneys, to bring in business.
Back then, social media did not exist and the internet was in its infancy. Today, social media has an incredible reach and is relied upon by many as a first port of call to get information on who is available to provide the service they want.
For years, there have been disquiet among the profession about law firms and practitioners who spend substantial resources to have websites on the internet promoting their practice. Is this not advertising? Then again, the public may generally find such websites helpful in their search for legal service providers.
Ironically, since 1986 the UK has permitted advertising of legal services – the same year our ban on advertising came into force. And we are all familiar with lawyer advertisements in the US. Who hasn’t seen those bold and noisy personal injury law firm ads while looking at daytime court dramas on TV? The US allowed such advertising since a legal challenge was mounted in 1977 in the case of Bates v State Bar of Arizona.
I have personally seen ads for the provision of local legal services on social media platforms such as Facebook Marketplace. Some I find to be truly distasteful and denigrates the profession in the eyes of the public.
My personal view of the topic is that a total ban on advertising legal services is unfair and too restrictive, both to the public and to lawyers.
The public needs access to information on what is available. Listings on telephone directories just isn’t enough. Newly admitted and young attorneys wouldn’t necessarily have an established clientele waiting to follow them into a newly opened office.
The time it takes them to build up a client base through recommendations via word of mouth could be long, and we must remember they need to make a living and pay their bills. [I’m sure by now you’ve heard of attorneys having to work taxi to make ends meet, during this pandemic. The ban on advertisements may be a contributing factor.]
I however agree that as much as possible must be done to retain the image of the legal profession as a noble and honourable one.
I would find favour with an easing of the restrictions against advertising, provided there are guidelines to promote and maintain the dignity of the profession and checks and balances in place to protect against misleading, excessive or exaggerated advertisements and unfair competition. Food for thought.
Be safe Trinidad and Tobago!
Copyright © 2021 Neela Ramsundar, LL.B (HONS), L.E.C is a Civil Litigation Attorney at Law & Certified Mediator.
Disclaimer: The contents of this article are for general informative purposes only. It does not provide legal advice and does not create an attorney-client relationship with any reader. For legal advice on your specific situation, please contact an Attorney-at-Law of your choosing directly. Liability for any loss or damage of any kind whatsoever allegedly incurred a consequence of using content in this article is thus hereby excluded to the fullest extent permitted by law.
