|
|
Amendment of section 71 of Principal Act.
|
4.—The Principal Act is hereby amended in section 71 (which relates to regulations with respect to the professional practice, conduct and discipline of solicitors) by the substitution, for subsections (2) to (7) (inserted by the Act of 1994), of the following subsections:
|
|
| |
“(2) A solicitor shall not publish or cause to be published an advertisement which—
|
|
| |
(a) is likely to bring the solicitors' profession into disrepute,
|
|
| |
(b) is in bad taste,
|
|
| |
(c) reflects unfavourably on other solicitors,
|
|
| |
(d) without prejudice to any regulations under subsection (8) of this section, contains an express or implied assertion that the solicitor has specialist knowledge in any area of law or practice which is superior to that of other solicitors,
|
|
| |
(e) is false or misleading in any respect,
|
|
| |
(f) is published in an inappropriate location,
|
|
| |
(g) does not comply with subsection (3), or regulations under subsection (5) or (6), of this section,
|
|
| |
(h) expressly or impliedly refers to—
|
|
| |
(i) claims or possible claims for damages for personal injuries,
|
|
| |
(ii) the possible outcome of claims for damages for personal injuries, or
|
|
| |
(iii) the provision of legal services by the solicitor in connection with such claims,
|
|
| |
(i) expressly or impliedly solicits, encourages or offers any inducement to any person or group or class of persons to make the claims mentioned in paragraph (h) of this subsection or to contact the solicitor with a view to such claims being made, or
|
|
| |
(j) is contrary to public policy.
|
|
| |
(3) An advertisement published or caused to be published by a solicitor shall not include more than—
|
|
| |
(a) the name, address (including any electronic address), telephone number, facsimile number, place or places of business of the solicitor and any reference to the location of information provided by the solicitor that is accessible electronically,
|
|
| |
(b) particulars of the academic and professional qualifications and legal experience of the solicitor,
|
|
| |
(c) subject to subsection (2) of this section, factual information on the legal services provided by the solicitor and on any areas of law to which those services relate,
|
|
| |
(d) subject to any regulations under subsection (6) of this section, particulars of any charge or fee payable to the solicitor for the provision of any specified legal service, and
|
|
| |
(e) any other information specified in regulations under subsection (5) of this section.
|
|
| |
(4) Without prejudice to paragraphs (h) and (i) of subsection (2) of this section, a solicitor may, where appropriate, include the words ‘personal injuries’ in any advertisement which contains factual information, pursuant to paragraph (c) of subsection (3) of this section, on the legal services provided by the solicitor or on any areas of law to which those services relate.
|
|
| |
(5) Without prejudice to the generality of section 5 of this Act and subsection (1) of this section, the Society shall, with the consent of the Minister, make regulations to give effect to subsections (2), (3) and (4) of this section and, in particular—
|
|
| |
(a) to make provision, having regard to those subsections, in relation to advertisements that may be published or caused to be published by a solicitor, including provision in respect of the manner of their publication and their form, content and size,
|
|
| |
(b) to specify advertisements which, having regard to the manner of their publication or their form, content or size, would be in contravention of subsection (2) of this section,
|
|
| |
(c) subject to subsection (2) of this section, to provide that an advertisement published or caused to be published by a solicitor may include specified information in addition and of a similar nature to the information provided for in paragraphs (a) to (d) of subsection (3) of this section,
|
|
| |
(d) to provide for restrictions on a solicitor making, or causing to be made, unsolicited approaches to any person or group or class of persons with a view to being instructed to provide legal services, and
|
|
| |
(e) to provide for the manner in which the Society is to determine whether any particular advertisement published or caused to be published by a solicitor is in contravention of any provision of, or regulations under, this section.
|
|
| |
(6) The Society, where they consider it appropriate, may make regulations prohibiting the advertisement of any charge or fee payable to a solicitor for the provision of any specified legal service, provided that such regulations may be made only with the consent of the Minister and where the Minister is satisfied that such regulations are in the public interest.
|
|
| |
(7) Without prejudice to the generality of section 5 of this Act and subsection (1) of this section, the Society shall not prohibit a solicitor from charging less for a legal service than any charge or fee specified for that legal service by or under any enactment for the time being in force.
|
|
| |
(8) Notwithstanding paragraph (d) of subsection (2) and subsection (3) of this section, the Society may by regulations provide that a solicitor who in the prescribed manner satisfies the Society of having specialist knowledge in a prescribed area of law or practice may be permitted by the Society to be designated, whether in an advertisement or otherwise, as having specialist knowledge in that area.
|
|
| |
(9) Regulations under section 5 and this section and in force immediately before the commencement of the Solicitors (Amendment) Act, 2002, shall, save in so far as they may be inconsistent with this section or regulations made thereunder after such commencement, continue in force until revoked as if they had been duly made under those sections.
|
|
| |
(10) In this section—
|
|
| |
‘advertisement’ means any communication (whether oral or in written or other visual form and whether produced by electronic or other means) which is intended to publicise or otherwise promote a solicitor in relation to the solicitor's practice, including—
|
|
| |
(a) any brochure, notice, circular, leaflet, poster, placard, photograph, illustration, emblem, display, stationery, directory entry, article or statement for general publication,
|
|
| |
(b) any electronic address or any information provided by the solicitor that is accessible electronically,
|
|
| |
(c) any audio or video recording, or
|
|
| |
(d) any presentation, lecture, seminar or interview,
|
|
| |
which is so intended but excluding a communication which is primarily intended to give information on the law;
|
|
| |
‘claims for damages for personal injuries’ means claims, whether made in court proceedings or otherwise, for damages or compensation for personal injuries suffered, or alleged to have been suffered, by a person or persons owing to an act or omission, or alleged act or omission, of another person or persons;
|
|
| |
‘inappropriate location’ means a hospital, clinic, doctor's surgery, funeral home, cemetery, crematorium or other location of a similar character;
|
|
| |
‘the Minister’ means the Minister for Justice, Equality and Law Reform;
|
|
| |
‘personal injuries’ includes any disease and any impairment of a person's physical or mental condition or death.”.
|
