An LSRA report published today (7 April) has several reminders to legal practitioners of the rules around the advertising of legal services.

The use of the phrases like “no win, no fee”, “no foal, no fee” and “free first consultation” are all banned, the LSRA has reiterated.

Also prohibited are ads that include an amount of possible damages for personal-injury claims that are not based on the Personal Injuries Assessment Board’s Book of Quantum or the Personal Injuries Guidelines issued by the Judicial Council, as applicable.

Inappropriate location

Advertisements in any form in an inappropriate location, such as a hospital, clinic, doctor’s surgery, funeral home, cemetery, crematorium or similar, are not allowed.

Advertisements that solicit, encourage or offer inducement to make claims for personal injuries, or seek legal services in connection with such claims, are also prohibited, as are advertisements that refer to the ‘success rate’ of a legal practitioner.

Ads likely to bring the legal profession into disrepute, through bad taste or by reflecting unfavourably on another legal practitioner, or by being false or misleading, are also banned.

An advertisement must also state by whom it is published.

Investigations

The LSRA may carry out investigations into ads, either after a complaint has been received or on its own initiative.

It can also apply to the High Court for an order prohibiting a legal practitioner from contravening the regulations.

All legal practitioners are encouraged to review their websites and other forms of advertising, and to ensure that they are in compliance with the regulations.

This morning’s LSRA report also provides information for consumers of legal services who need to access such services, and advises consumers to be aware of ‘claims-harvesting’ websites.

'Claims-harvesting'

Chief executive Dr Brian Doherty said: “Consumers should be aware of ‘claims-harvesting’ websites. These websites often target people looking online for information about potential personal-injury claims. 

“These sites are often set up by non-legal practitioners and operated from outside of Ireland. We remind consumers that the LSRA only regulates legal practitioners – that is solicitors or barristers.”

Consumers seeking legal services can check that they are dealing with an LSRA-regulated legal practitioner. For instance, the Law Society has details of solicitors on its website, and the LSRA has a Roll of Practising Barristers on its website, he added.