Subsection 71(2)(d) of the Solicitors Act 1954 provides that a solicitor shall not publish or cause to be published an advertisement that 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.1

Regulation 4(a)(iv) of the Solicitors (Advertising) Regulations 2002 similarly provides that an advertisement intended to publicise or otherwise promote a solicitor in relation to the solicitor’s practice shall be in such a form as shall not contain an express or implied assertion by a solicitor that he has specialist knowledge in any area of law or practice superior to other solicitors.

Both subsection 71(2)(d) and regulation 4(a)(iv) make reference to regulations under subsection 71(8) of the Solicitors Act 1954 regarding the designation of solicitors as having specialist knowledge. No such regulations have been made. Solicitors should note that an advertisement that contains an express or implied assertion that the solicitor has specialist knowledge in any area or law or practice will not be regarded as contravening these provisions provided that:
1) Such assertion does not include any assertion that such specialist knowledge is superior to that of other solicitors, and

2) None of the other mandatory requirements relating to advertisements provided for by subsections 71(2) to (10) of the Solicitors Act 1954 and the Solicitors (Advertising) Regulations 2002 is breached and, in particular, that the prohibition on advertisements which are false or misleading in any respect is not breached.2

The attention of solicitors is particularly drawn to the fact that the permitting of specialist advertising in no way dilutes the restrictions on personal injury advertising.3

Attention is also drawn to regulation 11(b) of the Solicitors (Advertising) Regulations 2002, which, in summary, provides that where an advertisement includes factual information on the legal services provided by a solicitor or on any areas of law to which those services relate (such as, by way of examples only, ‘company law’, ‘family law’, ‘personal injuries’, ‘property law’), the words descriptive of any particular category of legal services or any particular area of law to which any such category of legal services relates shall not be given prominence (whether by way of appearance, size, context or location) over the words descriptive of any other category or categories of legal services or over the name and address of the solicitor contained in the advertisement.

If any information comes to the attention of the Society regarding an advertisement alleged or appearing to make a false or misleading claim for a solicitor of specialist knowledge in any area of law or practice, or to claim specialist knowledge superior to other solicitors, or to breach any other mandatory requirements relating to advertisements, where appropriate, the matter will be investigated by the Society and, where appropriate, following investigation, regulatory or disciplinary action may be taken, which may include the issue of a reprimand or referral to the Solicitors Disciplinary Tribunal.

In summary, a solicitor may publish advertisements claiming specialist knowledge in any area of law or practice provided that:
1) False or misleading claims of specialist knowledge are not made, and

2) Specialist knowledge superior to other solicitors is not claimed, and

3) All other mandatory requirements relating to advertisements, including the restrictions on personal injury advertising, are complied with.

Footnotes

1. All references to subsections of section 71 of the Solicitors Act 1954 are to those subsections as substituted by section 4 of the Solicitors (Amendment) Act 2002.
2. As provided for by subsection 7(2)(e) of the Solicitors Act 1954 and regulation 4(a)(v) of the Solicitors (Advertising) Regulations 2002. 3 As provided for by subsections 71(2)(h) and (i) of the Solicitors Act 1954 and regulations 4(viii) and (ix) of the Solicitors (Advertising) Regulations 2002.
3. As provided for by subsections 71(2)(h) and (i) of the Solicitors Act 1954 and regulations 4(viii) and (ix)  of the Solicitors (Advertising) Regulations 2002.