• Login   

• For Solicitors
• For the Community
• About the Law Society
• Ressource center

Advertising legal services

Sections 84, 85 and 86 of the Legal Profession Act 2004 govern solicitors' advertising of legal services. Generally solicitors (or barristers) are free to advertise their legal services in any way they think fit, subject to the Legal Profession Regulation 2005.

Advertising must not be:

• of a kind that is, or might reasonably be regarded, as being false, misleading or deceptive, or
• in contravention of the Trade Practices Act (Clth) or the Fair Trading Act (NSW) or any similar legislation.

Section 86 provides that a solicitor (or barrister) must not advertise or hold himself or herself out as being a specialist or offering specialist services, unless the solicitor (or barrister):

• has appropriate expertise and experience, or
• is appropriately accredited under an accreditation scheme conducted or approved by the … Law Society Council [or Bar Council].

Advertising personal injury or work injury services

To date the only regulations made relating to advertising deal with personal injury and work injury services. Clauses 23 to 31 Legal Profession Regulation 2005 effectively prohibit practitioners’ advertising of personal injury services.

The relevant provisions were originally introduced by the Legal Profession Amendment (Personal Injury Advertising) Regulation 2003 and were later amended by Legal Profession Amendment (Advertising) Regulation 2005, which imposed restrictions on practitioners’ advertising through the agency of a person who is not a barrister or solicitor.

Clauses 74 to 80 Workers Compensation Regulation 2003 contain similar provisions effectively prohibiting practitioners’ advertising of work injury services.

For more information go to the Advertising personal injury or work injury services section of this website.