Advertising Marketing Guidelines

Adflag
Attorneys Practices
Content of Publicity
Directory Headings
General
Info Regarding Law
Interpretation
Practice Designation
Professional Announcements
Professional Stationary
Publicity Aspects
Publicity Responsibility
Specialisation Claims
Specific Marketing Guidelines
Statement Charges
Tellaw Directories
Touting Not Permitted

FLAG ADVERTISING

1. Groups of attorneys 

   It is permissible for independent firms of attorneys to act together in a group to publicise their services under a group name or group logo.

2. Definition of "flag advertising" 

   In these guidelines any advertising which contains such group name, group logo or other group promotional material is called "flag advertising", which term is to include any advertising containing a reference to membership of a group which conducts flag advertising.

3. Application to stationery 

   The term "flag advertising" is to include the appearance on stationery of any of the items referred to above.

4. Flag advertising by a group 

   Any flag advertising conducted by two or more firms of attorneys must be accompanied by:

   1. the names of the firm by or on whose behalf the advertising is conducted; and
   2. the word "attorney" or "attorneys"
       
5. Flag advertising by a firm
    
   1. Any flag advertising conducted by an individual firm must be accompanied by:
   2. the firm's name; and
   3. the word "attorney" or "attorneys"
       
6. General provision concerning flag advertising 

   Any flag advertising must conform with all other provisions of these guidelines.

PUBLICITY FOR ATTORNEYS€™ PRACTICES

A practising attorney may, in his discretion publicise his practice or permit another person to do so on his behalf, provided the publicity complies with the provisions of these guidelines and provided that in publicising his practice he shall do nothing which in any manner compromises or impairs or is likely to compromise or impair any of the following:

1. the attorney'€™s independence or integrity;
2. the client'€™s freedom to instruct an attorney of his choice;
3. the attorney'€™s duty to act in the best interests of the client;
4. the good repute of the attorney or the attorneys'€™ profession;
5. the attorney'€™s proper standard of work.
6. All publicity must be in good taste with regard to content, prominence and medium.
7. Publicity may not be misleading in any respect.

THE CONTENT OF PUBLICITY

1. Statutory requirements 

   The publicity of an attorney must comply with the Attorneys Act 1979, the rules of the Law Society and the general law.
    

2. Comparisons and criticisms of services 

   Publicity may not compare the quality of service provided by an attorney with that provided by the attorneys' profession generally or by any other identifiable attorney or firm of attorneys, nor may it claim to be superior in any respect. Publicity may also not criticise the quality of service provided by an attorney or firm of attorneys.
    

3. Success rate 

   Publicity may not refer to an attorney's success rate
    

4. Naming clients
    
   1. An attorney may refer to the name of a client in the public media only with the client's consent. However reference may not be made to the name of a client in any advertisement by the attorney of his practice.
   2. An attorney may name a client with the client's consent, in advertising property for sale or to let on that client's behalf.
   3. Paragraph 1 shall not prevent an attorney from being named in the publicity of a client or from being identified as the client's attorney in the publicity of another person concerning the client'€™s business, subject always to the rules applicable from time to time of the Law Society
       
5. Naming of staff other than partners
    
   1. An attorney may not name any person in his publicity (including on his letterhead and stationery) whom he is not permitted to name on his letterhead in terms of the rules of the Law Society.
       
   2. Attorneys are reminded of the danger of inadvertently holding out persons as partners in a firm by the inclusion of both partners' and non-partners' names in a list. The status of non-partners should be indicated clearly to avoid any doubt whenever a situation of inadvertent holding out might otherwise arise.
       
6. Attorney to be identified 

   Every advertisement by an attorney must bear his name or the name of his firm.
    

7. Categories of work 

   Publicity about an attorney's practice may state or imply that he undertakes a particular category of work only if that practice itself is in fact able and qualified to handle that work competently. In particular, an attorney may not state that he undertakes conveyancing or notarial or patent work unless he has one or more of his partners, or an employee exclusively in his employee on a full time basis has been admitted as a conveyancer or notary or patent attorney or patent agent as the case may be.

DIRECTORY HEADINGS

In a directory or other listing which includes the services of persons other than attorneys, an attorney's entry or advertisement may appear under a classification other than "attorneys" provided that

1. the appearance under that classification is not misleading;
    
2. the attorney is described in the entry or advertisement as an attorney; and the classification does not require a specific qualification which the attorney does not have.

GENERAL 

The Council may by notice in writing to an attorney:

1. order the alteration, withdrawal or discontinuance of an advertisement;
    
2. order the alteration or discontinuance of the use of statement in any advertisements or material marketing;
    
3. Order the attorney to discontinue his participation in any lectures, talks, public appearances or publications;

if, in its opinion any of these guidelines have been or are being contravened.

INFORMATION TO CLIENTS REGARDING DEVELOPMENTS IN THE LAW

1. An attorney may (and indeed is encouraged to) communicate with his client either verbally or in writing to advise him of the latest developments in the law or in regard to a specified area of the law and to obtain instructions for professional business in relation to those developments, provided that:
    
   1. the content and nature of any material, whether printed, spoken or otherwise used by the attorney in the course of the communication complies with these guidelines;
       
   2. the form of the communication does not derogate from the dignity of the legal profession;
       
   3. the physical, emotional and mental state of the client is such that he is capable of exercising reasonable judgment in employing an attorney;
       
   4. the communication does not involve undue influence, coercion, duress, harassment or nuisance. 

INTERPRETATION In these guidelines:

1. all references to the rules of the Law Society in relation to an Attorney are references to the rules of the Law Society of the Northern Province;
    
2. An "advertisement" or "advertising" except where the context otherwise requires, refer to any form of advertisement and include inter alia brochures, directory entries, stationery and press releases promoting an attorney's practice.
    
3. The expression "clients" will be interpreted strictly to refer to clients with whom the attorney has or is likely to have an on-going professional relationship. Singular or irregular instructions, which arise for example, from the client'€™s regular attorneys being unable to represent the client on account of a conflict of interest do not necessarily give rise to an on-going professional relationship. However it must be recognised that clients frequently retain more than one firm of attorneys; any firm which is retained in this way on an on-going basis is entitled to regard the client as a client for purposes of these guidelines;
    
4. References to "an Attorney" or "a Partner" or "a practitioner" or "a firm" shall be deemed to include a reference to a company conducting a practice in terms of Section 23 of the Attorneys Act 1979 or to a member of such company, as the context requires. 

DESIGNATION OF AN ATTORNEY'S PRACTICE 

An attorney's practice may be designated only as that of an attorney or attorneys. In addition an attorney may use the designations "notary", "conveyancer", "patent attorney ", "trade mark practitioner", "administrator of estates" or "appraiser" but only where at least one partner in the firm or an employee in the exclusive and full-time employment of the firm is entitled to be described as such.

PROFESSIONAL ANNOUNCEMENTS 

Any professional announcement, advertisement for staff, advertisement offering agency services or any other like advertisement by an attorney (including any advertisement in De Rebus) must comply with the provisions of these guidelines.

PROFESSIONAL STATIONARY

The provisions of the rules of the Law Society will apply in relation to the professional stationery of the attorney or his firm.

INTERNATIONAL ASPECTS OF PUBLICITY

1. No publicity for an attorney's practice may be conducted in a jurisdiction other than in areas which are subject to the jurisdiction of the Law Society of the Transvaal in any manner that would contravene either:
    
   1. the provisions of these guidelines; or
       
   2. any restrictions in force in that other jurisdiction concerning lawyers publicity.
       
2. For the purpose of this paragraph, publicity shall be deemed to be conducted in the jurisdiction in which it is received. However publicity will not be regarded as being conducted in a jurisdiction in which that publicity would be improper if it is conducted for the purpose of reaching persons in a jurisdiction where that publicity is permitted and its reception in the former jurisdiction is incidental. 

THE ATTORNEY'S RESPONSIBILITY FOR PUBLICITY 

It is the responsibility of an attorney to ensure that all his publicity and all publicity for his services which is conducted by another person, complies with the provisions of these guidelines. This responsibility cannot be delegated. Where the attorney becomes aware of any impropriety in any publicity appearing on his behalf, he must forthwith use his best endeavours to have the publicity rectified or withdrawn as appropriate.

CLAIMS TO SPECIALISATION OR EXPERTISE 

1. Unless the context otherwise requires, in the interpretation of and for the purposes of this paragraph
    
   1. "branch of the law" shall mean any branch or field of law, subject to such exclusions, if any, as the Council of the Society may from time to time designate;
       
   2. "specialist" shall include the term "expert" and "specialise" shall bear a corresponding meaning, and the words shall be interchangeable, but shall not include a statement by a firm that it prefers to practice in any particular branch of the law.
       
2. A firm may hold itself out as a specialist or expert in any branch of the law.
    
3. A statement that a firm prefers to practice in any branch of the law shall be deemed not to be a claim by such firm to specialise in that preferred branch of the law.
    
4. The Council may by notice in writing to a firm, require that firm to cease to hold itself out as a specialist or expert in any branch of the law if the Council is of the opinion that the firm does not have the requisite expertise in that particular branch of the law.
    
5. Cautionary notes
    
   1. Attorneys are advised that the standard of expertise, care and skill required by a firm holding itself out as a specialist or expert in a branch of law must of necessity be higher than that of a firm which does not do so. Accordingly, a breach of the standard of expertise, care and skill required of a firm renders the firm the more readily liable for damages for professional negligence in relation to the speciality than a firm which does not claim any speciality.
       
   2. If a firm holds itself out as a specialist, the claim of speciality may render the attorneys who are partners or members of the firm liable to be disciplined by the Council for unprofessional, dishonourable or unworthy conduct, in accordance with the provisions of Rule 93 read with Rule 89 of the rules, if the firm'€™s action in so holding itself out is not justified.
       
   3. Although a statement by a firm that it prefers to practice in a particular branch of the law does not place that firm in the same position as one claiming to be a specialist, it may nevertheless indicate that a higher standard of care and skill will be required from such a firm than from one which does not hold itself out to have a preferred area of practice. A firm which expresses a preferred area of practice may therefore also render itself more readily liable to a claim for damages on the basis set out above
       
   4. These cautionary notes are conveyed to attorneys in good faith, and are not intended to be a comprehensive list of the pitfalls which an attorney or his firm may encounter if they claim to specialise or if they indicate a preferred area of practice.

SPECIFIC GUIDELINES REGARDING MARKETING

An Attorney may display in his reception area brochures containing details about his practice and the nature of the services he offers. A brochure may not however: 

1. contain information which is false in any respect;
    
2. contain information which is misleading or deceptive or which is likely to mislead or deceive;
    
3. contain material which is vulgar, sensational or otherwise is such as would bring or be likely to bring the attorney or the legal profession into disrepute;
    
4. claim or imply superiority for the attorney over any other attorneys;
    
5. contain any testimonials or endorsements concerning the attorney, or refer to any of his clients by name or in any other manner which will make them identifiable.
6. Such brochures may be sent or made available to existing or former clients except former clients whom the practitioner should reasonably know are not likely to return to him as clients. The brochures may include guidance on how clients can assist the firm to deal properly with their business, for example by completing a questionnaire.
7. A prospective client who asks for information about the firm may be sent or given a brochure.
8. The brochure may contain an offer to give an estimate of charges in relation to any proposed mandate.

Radio and television broadcasts, lectures and articles in the lay press

The following principles apply to attorneys who take part in radio or television broadcasts or who give talks or lectures to lay audiences or who give interviews to the press or who contribute articles to the lay press on legal or non legal subjects:

• Consent of the Council
  
  The consent of the Council is not required by an attorney intending to take part in any of these activities. However the attorney should ensure that he is properly qualified to speak or write on the topic at issue, and that what he does should not be construed as touting for work.

• Designations
  
  Attorneys may be identified by name, by firm name (if desired) and by profession (if desired)

• Generally in relation to broadcasts, lectures and press articles

  • An attorney should not be permitted to publish anything identifying or likely to identify clients for whom he or his firm acts unless in connection with a specific matter and he has the client'€™s permission.
  • An attorney must not with a view to attracting or inviting instructions, enter into correspondence with listeners, viewers or readers who are not already his clients.

STATEMENTS AS TO CHARGES 

1. Clarity

   1. An attorney may not state in any publicity that he will undertake specific kinds of work for a specific charge.
       
   2. An attorney may publicise the basis on which he will charge for work but such publicity must be clearly expressed. It must be stated what services will be provided for that basis of charging. Any circumstances in which the basis may be altered must be stated. It must be clear whether disbursements and taxes are included.
       

2. Comparisons and criticisms of charges

   Publicity may not directly compare an attorney's charges with those of any other attorney or firm of attorneys and publicity may not directly criticise the charges of any identifiable attorney or firm of attorneys.

TELEPHONE DIRECTORIES, LAW DIRECTORIES AND THE YELLOW PAGES

• It is permissible for an attorney to insert the name of his firm in bold print in directories.
• It is permissible for an attorney to insert his name or the name of his firm in a law directory or in the yellow pages and in so doing to indicate the kind of work which he in practice undertakes or in which he claims that he has expertise. 

TOUTING NOT PERMITTED 

Nothing in these guidelines shall be construed as permitting an attorney to tout, directly or indirectly for work of a kind commonly performed by a practising attorney. Without limiting the generality of that expression, "touting for work" by a practising attorney will include the following: 

1. soliciting custom or work directly from any person;
    
2. entering into an arrangement with any person, whether an employee or not, for the introduction of clients to the attorney; but this will not apply to
    
   1. any arrangement between an attorney and another attorney for the referral of work in the normal course of either practice
   2. any arrangement for the introduction to an attorney of other attorneys with a view to their instructing him on an agency basis;
       
3. making unsolicited visits or telephone calls or sending unsolicited letters or printed material or invitations to any person (other than to an existing professional connection) whom the attorney knows or should reasonably be expected to know has an existing attorney/client relationship with another attorney, where such conduct is carried out with a view to or is calculated to establishing an attorney/client or correspondent relationship with such person.