Advertising
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A. Refer to Rule 35 of the Professional Conduct and Practice Rules 2005 (pdf)
With the exception of a new provision that deals specifically with “no win no fee” advertising, Rule 35 is effectively the same as its 2000 and 1984 predecessors.
- Generally, an advertisement should not:
- be false, misleading or deceptive (or likely to mislead or deceive);
- breach client confidentiality;
- be disparaging to other practitioners or the legal profession;
- be offensive; or
- discredit the profession.
- For use of the word “specialist” in connection with advertising refer to Rule 35.
- For the use of “no win no fee” in connection with advertising, refer to Rule 35.
The Law Institute Council has also adopted Advertising Guidelines (pdf) for further assistance.
Also refer to the Law Institute’s Ethics Committee Rulings.
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A. “Cold calling” or touting is the practice of contacting members of the public to find out whether they need legal assistance, without having had a previous solicitor-client relationship or any prior dealings with that person.
- There is no express rule in Victoria against cold calling or touting, however a practitioner must conduct themselves according to the General Principles of conduct in the Professional Conduct and Practice Rules 2005 (pdf)
Practitioners engaging in cold calling must ensure they comply with federal and state laws for telemarketing.
The Law Institute Council has also adopted Cold Calling Guidelines (pdf) for further assistance.
Also refer to the Law Institute’s Ethics Committee Rulings.
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