{"id":12188,"date":"2024-09-17T14:33:01","date_gmt":"2024-09-17T13:33:01","guid":{"rendered":"https:\/\/www.clio.com\/uk\/?p=12188"},"modified":"2025-07-18T15:19:53","modified_gmt":"2025-07-18T14:19:53","slug":"solicitor-advertising-rules","status":"publish","type":"post","link":"https:\/\/marketing.dev.clio.systems\/uk\/blog\/solicitor-advertising-rules\/","title":{"rendered":"Mastering Solicitor Advertising Rules: Strategies for Success"},"content":{"rendered":"

New business is vital to any law firm’s success. Advertising is a critical element of every effective <\/span>law <\/span>firm<\/span> marketing strategy<\/span><\/a>. But, as a solicitor, you need to follow the rules to advertise legal services. Solicitor advertising rules are mandatory, and any breach can lead to regulatory consequences.<\/span><\/p>\n

Knowing the solicitor advertising rules is crucial in today’s digital age. From <\/span>social media<\/span><\/a> to <\/span>law firm websites<\/span><\/a>, advertising online to connect with clients is increasingly common for lawyers. And, with more business being conducted remotely, the ability to attract clients using <\/span>digital marketing strategies<\/span><\/a> is more critical than ever.<\/span><\/p>\n

No matter what medium you use to advertise, you must understand and follow the solicitor advertising rules before implementing any marketing or advertising plan. <\/span><\/p>\n

Can solicitors advertise in the UK?<\/span><\/strong><\/h2>\n

Solicitors can, of course, advertise in the UK. However, the nature and extent of that advertising must conform to advertising law and the regulations promulgated by the solicitors’ professional bodies. In England and Wales, it is the<\/span> Solicitors Regulation Authority<\/span><\/a> (SRA); in Scotland, it’s the <\/span>Law Society of Scotland<\/span><\/a>; and in Northern Ireland, the <\/span>Law Society of Northern Ireland<\/span><\/a>. All these organisations have similar regulations that solicitors must observe. Otherwise, solicitors run the risk of professional sanctions.<\/span><\/p>\n

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The regulatory framework for solicitor advertising in the UK<\/span><\/strong><\/h2>\n

For solicitors in the UK, the regulatory framework for solicitor advertising is broadly the same. Each jurisdiction has its own set of advertising rules.<\/span><\/p>\n

Law firm advertising in England and Wales<\/span><\/strong><\/h3>\n

The Solicitors Regulation Authority (SRA) enshrines its rules regarding solicitor advertising in its <\/span>Code of Conduct<\/span><\/a>, with Paragraph 8.9 setting out a general provision against making unsolicited approaches to members of the public. This might seem like a broad ban on advertising of any nature. However, the SRA has provided an <\/span>explanatory note clarifying its position<\/span><\/a> and the interpretation of the rule. <\/span><\/p>\n

They say that what is not permitted are <\/span>“‘targeted’ approaches to members of the public in person, by phone or via other means which target them individually.” <\/span><\/em>They go on to say that <\/span>solicitors are allowed to advertise to the public so long as it is “<\/span>done in a non-intrusive and non-targeted way.”<\/span><\/em><\/strong> Solicitors can place adverts on radio, TV, billboards, online, or social media, which will not constitute a targeted approach.<\/span><\/p>\n

They say sending leaflets is allowed, provided the distribution is not targeted. They give an example of solicitors who may “<\/span>send leaflets to all homes within a large geographic area, but may not selectively distribute leaflets to only specific homes or individuals based on wider information you know about them.”<\/span><\/em><\/p>\n

The SRA provide one example of when a solicitor would be in breach of the code of conduct. An example is when the firm “<\/span>identifies a list of people who have recently been involved in a major road traffic accident from online media. The firm sends them a letter saying that it can help claim compensation.”<\/span><\/em><\/p>\n

The explanatory note on unsolicited approaches (advertising) to members of the public also references the General Data Protection Regulation (GDPR) and the Privacy and Electronic Communications Regulations (PECR). PECR deals specifically with <\/span>electronic marketing messages<\/span><\/a> sent to members of the public. There is a whole discussion around electronic marketing by solicitors and compliance with the GDPR and PECR, but that is outside the scope of this article.<\/span><\/p>\n

In addition to what is allowed, Paragraph 8 explains that any information provided must be clear, accurate, and not misleading, especially about price. The aim is to enable potential clients to make informed decisions in any advertising or promotion and to avoid misleading advertising.<\/span><\/p>\n

Law firm advertising in Scotland<\/span><\/strong><\/h3>\n

Solicitor advertising rules in Scotland are governed by the <\/span>Law Society of Scotland Practice Rules 2011<\/span><\/a>. Rule B3 deals <\/span>specifically with Advertising and Promotion<\/span><\/a>. This rule states that solicitors in Scotland are entitled to advertise and promote their services in any way they think fit. However, it goes on to say that <\/span>solicitors must “<\/span>not make a direct or indirect approach \u2026. to any person whom you know or ought to reasonably know to be a client or another “regulated person” intending to solicit business from that person<\/span><\/em>.”<\/span><\/strong> A regulated person is defined as another solicitor, a registered European lawyer, a registered foreign lawyer or a practice unit.<\/span><\/p>\n

This broadly mirrors the position in England and Wales in so far as it outlaws touting other lawyers’ clients. In the same vein as the SRA Code of Conduct, the Law Society of Scotland also requires any solicitor advertising or promotional material to be accurate and not to be misleading. It must not contain anything that might disrepute the profession or say anything defamatory or illegal. It is also essential to be aware that any third-party advertisement of a solicitor’s services will be deemed to have been published with the authority of the solicitor’s firm.<\/span><\/p>\n

Law firm advertising in Northern Ireland<\/span><\/strong><\/h3>\n

Northern Ireland solicitors who wish to advertise and promote their services are subject to the<\/span> Solicitor’s Advertising (Amendment) Regulations 1994<\/span><\/a> and the <\/span>Solicitor (Advertising and Public Relations and Marketing) Practice Regulations 1997, as amended in 2006<\/span><\/a>. These regulations, read together, govern Northern Ireland solicitor’s ability to advertise and promote their services. The 1994 regulations deal with fee estimate provisions, whilst the 1997 regulations, as amended, deal with solicitors’ advertising and promotion.<\/span><\/p>\n

The regulations state that a solicitor “<\/span>may employ advertising, public relations and marketing techniques to promote his practice by any medium, including the press and electronic media, provided the content\u2026.\u00a0 (a) is not such\u2026 as to bring the profession into disrepute and (b) does not contain any inaccuracy or misleading or unjustifiable statement.”<\/span><\/em><\/p>\n

As with the advertising regulations in the other two jurisdictions in the UK, there is a prohibition on solicitors “<\/span>making unsolicited visits or telephone calls to a member of the public.”<\/span><\/em> Interestingly, “a member of the public” excludes “<\/span>a current or former client of the solicitor, another lawyer, an existing or potential professional or business connection, or a commercial organisation or public body<\/span><\/em>. “<\/span><\/p>\n

Failure to comply with the Code of Conduct, Rules and Regulations<\/span><\/strong><\/h3>\n

Failure to comply with the Code of Conduct, Rules and Regulations about solicitor advertising will result in a finding of professional misconduct and may trigger regulatory action. The extent of the punishment will reflect the seriousness of the breach. This can range from a caution to a fine to suspension or striking off in the most serious of cases.<\/span><\/p>\n

In addition to a potential fine or suspension, you cannot discount the negative impact on your firm the adverse publicity of a breach of the solicitor advertising rules will have. Reputational damage can be more severe and longer lasting than any professional sanction.<\/span><\/p>\n

Advertising Standards Authority compliance<\/span><\/strong><\/h3>\n

In addition to professional rules, all advertisers are subject to the rules about advertising set out in the <\/span>Codes of Conduct<\/span><\/a> by regulatory bodies such as the Advertising Standards Authority (ASA) for broadcast and non-broadcast advertisements. Law firm advertisements can be subject to a complaint to the ASA should the advert be misleading, harmful, offensive or irresponsible. The ASA has published <\/span>a range of guides<\/span><\/a> to help advertisers get their ads right, and they encourage advertisers to sign up for their advice newsletter, Insight and Update (you need to <\/span>create a free account<\/span><\/a> with the ASA).<\/span><\/p>\n

Should any law firm advertising fall foul of the ASA codes of conduct, the ASA can insist the advert be amended or withdrawn. Failure to comply with the ASA instruction can lead to the firm being added to a dedicated section of the ASA website for recalcitrant advertisers, removal of paid ads from Search Engines, ASA-placed adverts highlighting the law firm advert’s non-compliance and having non-compliant adverts removed from social media platforms. These are just <\/span>some of the sanctions available<\/span><\/a> to the ASA, which can instigate additional sanctions depending on the advertising media.<\/span><\/p>\n\n\t\n\t\t\t\n\t\t\t\t\n\t\t\t\t\t\n\t\n\t\t\t\n\t\n\t\t\t\t\n\t\t\t\n\t\n\t\t\t\t\n\t\t\t\t\n\t\t\n\t\t\t\n\n\n\t\n\t\t\t\t\t

Do not breach your professional rules when advertising or using social <\/span>media<\/span><\/strong><\/h2>\n

You must keep within your professional regulations and adhere to professional standards when advertising or using social media. The following are some examples of the types of social media activity that can get you into serious trouble:<\/span><\/p>\n

Fake ads lead to 6-month suspension<\/span><\/strong><\/h3>\n

The Solicitors Disciplinary Tribunal (SDT)<\/span> suspended a solicitor for six months<\/span><\/a>, followed by a two-year restriction order preventing them from managing any law firm. The solicitor also paid the SRA <\/span>\u00a315,000<\/span><\/strong> in costs.<\/span><\/p>\n

The case involved the solicitor posting false information on their Facebook page, claiming they represented clients in court when they had not done so. <\/span>It should be said<\/span> that this breach was part of a broader breach of the SRA rules by the solicitor.<\/span><\/p>\n

Advertising on Social Media<\/span><\/strong><\/h2>\n

The Law Society of England and Wales has issued social media guidance, but it is only available to its members. However, the Law Society of Scotland has issued <\/span>extensive guidance on the use of social media<\/span><\/a>, which is open to all.<\/span><\/p>\n

When advertising on social media, it is crucial to consider the client’s attributes to ensure compliance with the SRA Code of Conduct. As with any marketing media, there are fundamental Dos and Don’ts that you must observe. Failing to use social media properly might not only cause you regulatory problems but can also cause lasting reputational damage.<\/span><\/p>\n

Some social media “<\/span>Dos<\/span>“<\/span><\/strong><\/h3>\n