THE MEANING OF ADVERTISEMENT AND SOLICITATION
Advertisement is a notice or
display advertising a thing or something whilst solicitation is to accost
someone and offer one’s services.
THE
SCOPE OF PROPER AND IMPROPER ATTRACTION OF BUSINESS
Improper attraction of business includes all acts, which give an unfair
advantage thus lowering the prestige of the profession. It also causes
unhealthy reputation, misrepresentations, insinuations of incompetence, and it
is unethical.
Under Rule 39(1) of
the Rules of Professional Conduct, 2007 a lawyer may engage in any
advertising or promotion in connection with the practice of law so far as it is
fair and proper in all circumstance; and complies with the Rules.
A lawyer shall not advertise his services in any newspaper
or publication, neither should he publicise himself to the press or any
periodical as a lawyer except in a legal periodical.
He should abstain from
distributing his card indiscriminately as a form of advertisement. His
signboard should also be moderate without neon lights or unnecessary designs.
THE
EFFECT OF BREACHING THE RULE OF ADVERTISEMENT
Where there is a breach of advertisement, the noble and sober nature of
the profession will not be maintained since success now depends on effective
advertisement and not on competence.
Adverts tend to berate or belittle other members of the profession. It
creates unfair attraction of business. Briefs will now depend on the financial
capability of the lawyer to engage the best form of advert.
Unhealthy competition and rivalry will be created and dignity of the
profession would be eroded by such practice.
ADVERTISEMENT ON THE INTERNET
In view of the trend of globalisation, most jurisdictions have allowed
a seemingly form of advert on the net. In the United Kingdom, law firms are
allowed to advertise on the net to a certain degree.
In view of this, it is expected that our rules of professional conduct
be reviewed in line with the laudable trend in other jurisdictions with a
limitation.
SOLICITING
Rule 39(3)
provides that it is unprofessional for a lawyer to solicit professional
employment by circulars, handbills, advertisement for professional employment
such as furnishing or inspiring newspaper comments or procuring his photograph
to be published in connection with causes in which the lawyer has been or is
engaged in through touts or by personal communication or interview.
Rule 39(4)
states some forms of advertisement that is allowed. These are – Publication in reputable law list
in a manner consistent with the standard of conduct imposed by the rules of
professional conduct.
A brief biographical and informative date may be placed in the list.
Such date must not be misleading and may include only statement of the lawyer’s
name, his professional associates, his junior in Chambers, addresses, date,
place of birth, date of admission to the Bar, schools attended with dates and
degrees legal authorship; quasi-public offices held, post of honour, legal
teaching positions; membership and offices held in the Bar Association, etc.
Also permissible is sending to a client notice of a change of address
or telephone number.
Also having the word “Barrister and Solicitor” or “Solicitors and
Advocate” written after the lawyer’s name displayed at the entrance or outside
in building where his chambers is situated is permissible. However, the size of
this should be very reasonable and the design and colours must be sober.
A lawyer’s degree may also appear after his name. If he is a notary
public, it could also be included but it does not include specialist
qualification. For example, Commercial Land consultants, experts in family issues,
divorce, custody, welfare, etc. Such advert is unethical.
Soliciting for instructions and employment is probably the most common
and degrading example of unfair attraction of business. It lowers the prestige
and reputation of the lawyer involved and the profession as a whole. In
includes the following:
1.
Solicitation for employment in Court premises.
2.
Solicitation for conveyancing business.
3.
Conducting search at the Land Registry to detect
defects with a view to employment in litigation.
4.
Instigating litigation.
5.
Ambulance chasing.
6.
Under association. This is an indirect form of
touting; and could also be referred to as “class touting”.
Finally, it is desirable for a legal practitioner to meet with people
in clubs, restaurants and other social gatherings, but not where the aim of
such gathering is for a legal practitioner to associate unduly with other
persons who are in a special position to assist him to obtain employment. It is
very dishonourable for a legal practitioner to distribute his cards in social
gatherings to gain employment. This is very degrading and unethical.
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