The use of dramatic or emotive words and references to a calamitous event or situation in solicitors’ advertising
This notice is intended as general guidance in relation to the subject matter and does not constitute a definitive statement of law. Reference to a solicitor includes a reference to a firm of solicitors in this context.
All practising solicitors are reminded that, under the Solicitors (Advertising) Regulations 2002 (), an ‘advertisement’ means any communication that is intended to publicise or otherwise promote a solicitor in relation to the solicitor’s practice.
At a recent meeting of the Advertising Regulations Division of the Regulation of Practice Committee, the application of sections 9(a)(iii) and 9(a)(iv) of the regulations was considered in the context of the CervicalCheck controversy and the manner in which solicitors are advertising their professional services in connection with this matter. Regulation 9(a)(iii) prohibits an advertisement from including dramatic or emotive words or pictures. Regulation 9(a)(iv) prohibits an advertisement from making reference to a calamitous event or situation.
When exercising its regulatory function, the committee has a responsibility to ensure that vulnerable persons are not targeted by strategic marketing campaigns and that the integrity of the profession is preserved. As such, the committee was satisfied that regulations 9(a)(iii) and 9(a)(iv) should be enforced, as appropriate, in respect of all advertising relating to the CervicalCheck controversy.
Therefore, any advertising content published by a solicitor (whether it is a blog post, news item or update) that refers to the CervicalCheck controversy must be withdrawn from publication. A solicitor may advertise that they provide medical negligence legal services generally, but any reference to the CervicalCheck controversy will be investigated as a possible breach of regulations 9(a)(iii) and 9(a)(iv).
If a solicitor is unsure whether an advertisement is compliant with the regulations, it can be submitted for review to the Society’s vetting service in advance of publication.
Eamonn Maguire is the Law Society’s advertising regulations executive and is contactable on 01 672 4800 or e.maguire@lawsociety.ie.
John Elliot,
Registrar of Solicitors and Director of Regulation