Advertisement & Improper Attraction of Business

- PART I: Foundation -

What is Improper Attraction of Business

Improper attraction of business in the legal profession includes all acts which give an unfair advantage to the lawyer. It is unethical and can be done by:

1. Advertisement;
2. Solicitation;
3. Instigating controversy or litigation.

4 Effects on the Profession

1. Causes unhealthy reputation or competition;
2. Causes misrepresentations;
3. Insinuations of incompetence;
4. Lowers the prestige and dignity of the profession.

- PART II: Advertisement Generally -

What is Advertisement

Advertisement is a notice, picture, film or display telling people about a product, job or service.

Historical Position - Pre-2007

Current Position - RPC 2023, Rules 39 & 46

The RPC 2023 allows a lawyer to engage in promoting practice, but he must ensure the advertisement is:

1. Fair and proper in all circumstances;
2. Accurate & not likely to mislead the public;
3. Compliant with the provisions of the RPC;
4. Does NOT make comparison with or criticise other lawyers/professions/professionals;
5. Does NOT include any statement about the quality, size, or success rate of his practice;
6. Is NOT so frequent or obstructive as to cause annoyance.

Additional Forbidden Advertisements

• Inaccurate or likely to deceive;
• Likely to diminish public confidence in the legal profession or administration of justice;
• Bringing the legal profession into disrepute;
• Publicising himself or his services in any newspaper, publication or periodical - EXCEPT a legal periodical;
• Procuring publication of his photograph as a lawyer.