Solicitors (Scotland) (Advertising and Promotion) Practice Rules 2006
Rules dated 24th March 2006 made by the Council of the Law Society of Scotland under section 34(1) of the Solicitors (Scotland) Act 1980 and approved by the Lord President of the Court of Session in terms of Section 34(3) of the said Act.
Citation and commencement
1. (1) These Rules may be cited as the Solicitors (Scotland) (Advertising and Promotion) Practice Rules 2006.
(2) These Rules shall come into operation on 1st June 2006.
Definitions and interpretation
2. (1) In these Rules, unless the context otherwise requires:-
the “2005 Rules” means the Solicitors (Scotland) (Registered Foreign Lawyers) etc. Practice Rules 2005;
the “Act” means the Solicitors (Scotland) Act 1980;
the “Council” means the Council of the Society;
“established client” means a person for whom a solicitor has acted on at least one previous occasion, but does not include a person:-
(a) whom the solicitor knows or ought reasonably to know to be exclusively a client of another solicitor; or
(b) for whom the solicitor has acted only on the instructions of another solicitor;
“general circulation” means circulation to a group of persons (including bodies corporate) who can be categorised by a common description;
“practice” means professional practice of the solicitor and includes any area of practice;
“the Secretary” means the Secretary of the Society and includes any person authorised by the Council to act on behalf of the Secretary;
“services” means services provided by a solicitor and includes any part of such services;
“the Society” means the Law Society of Scotland;
“solicitor” means a solicitor holding a practising certificate under the Act and includes a firm of solicitors, an incorporated practice and any association of solicitors and shall include a registered foreign lawyer to whom these rules apply in terms of rule 4(2) or (3) of the 2005 Rules and a Scottish multi-national practice and a Scottish branch of a multi-national practice (in each case as defined in rule 7 of the 2005 Rules);
“specialist” means an individual solicitor who possesses knowledge of and expertise in a particular branch or area of law or legal practice significantly greater than that which might reasonably be expected to be possessed by a solicitor who is not a specialist in that branch or area of law or legal practice.
(2) The Interpretation Act 1978 applies to the interpretation of these Rules as it applies to the interpretation of an Act of Parliament.
(3) The headings to these Rules do not form part of these Rules.
Advertising and promotion of services
3. Subject to Rules 4 and 7, a solicitor shall be entitled to advertise and promote his services in any way he thinks fit.
4. A solicitor shall not make a direct or indirect approach whether verbal or written to any person whom he knows or ought reasonably to know to be the client of another solicitor with the intention to solicit business from that person.
5. Rule 4 shall not preclude the general circulation by a solicitor of material promoting that solicitor’s services whether or not the persons to whom it is directed are established clients.
6. A solicitor shall not be in breach of these Rules by reason only of his claim to be a specialist in any particular field of law or legal practice, provided that:-
(a) the onus of proof that any such claim is justified shall be on the solicitor making it; and
(b) an advertisement of or by a solicitor or other material issued by or on behalf of a solicitor making any such claim shall conform otherwise to the requirements of rule 7.
7. An advertisement of or by a solicitor or promotional material issued by or on behalf of a solicitor or any promotional activity by or on behalf of a solicitor shall be decent and shall not:-
(a) contain any inaccuracy or misleading statement;
(b) be of such nature or character or be issued or done by such means as may reasonably be regarded as bringing the profession into disrepute;
(c) identify any client or item of his business without the prior written consent of the client; or
(d) be defamatory or illegal.
8. Any advertisement, promotional material or promotional activity of or by a solicitor (whether or not the solicitor be named or referred to therein) and any advertisement, promotional material or promotional activity of or by a third party which relates to the services of a solicitor shall be presumed to have been issued or promoted with the authority of the solicitor.
Contravention of these rules
9. (1) Where an advertisement or promotional material or activity by a solicitor, or by a third party which relates to the services of a solicitor, is deemed by the Council to contravene any of these Rules, the Council may by way of written notice duly given to the solicitor require him forthwith, or from such date as the notice may stipulate, to withdraw, terminate or cancel the advertisement or promotional material or activity as the case may require and not to repeat the same during the currency of the notice.
(2) A notice given by the Council to a solicitor under paragraph 1 shall be signed by the Secretary and shall be deemed to have been duly given if it is delivered to the solicitor or left or sent by recorded delivery post to his last known place of business.
(3) It shall be the duty of a solicitor to obtemper any notice duly given to him under this Rule. A solicitor aggrieved by the terms of any such notice may, within 14 days of the date thereof, make written representations concerning that notice to the Council, which shall, within two months of the receipt of such representations, either confirm or withdraw such notice; provided that should the Council neither confirm nor withdraw such notice within the two month period, that notice shall be deemed to have been withdrawn at the expiry of that period.
10. Breach of any of these Rules may be treated as professional misconduct for the purposes of Part IV of the Act (Complaints and Disciplinary Proceedings).
Waiver
11. The Council shall have power to waive any of the provisions of these Rules in any particular case.
Revocation of previous rules
12. (1) The Solicitors (Scotland) (Advertising and Promotion) Practice Rules 1995 are hereby revoked.
(2) For the purpose of rule 4 of the 2005 rules, these Rules constitute a re-making of the Solicitors (Scotland) (Advertising and Promotion) Practice Rules 1995.
