I. Introduction

1. In chapter 12 we recommended the adoption of a scheme for substantial relaxation of the present restrictions on individual advertising by solicitors. We said, however, that if that scheme is regarded as too liberal, a more limited scheme should be introduced, pending further relaxation. We describe such a scheme below, under three headings, namely

• basic prohibitions;
• additional restrictions in special areas;
• additional restrictions in other areas.

II. Basic Prohibitions

2. All advertising would be subject to the four basic prohibitions in the scheme which we recommended in chapter 12 (see para.12.16).

III. Additional Restrictions in Special Areas

3. Advertising in relation to fees, fields of practice, clientele and speed of service would be prohibited unless it related to an approved type of information. The approved list would be the same as in the scheme which we recommended in chapter 12 (see paras.12.21-12.24).

IV. Additional Restrictions in Other Areas

4. Advertising in areas other than the special areas would be prohibited unless it related to an approved type of information. The following types of information would be on the approved list.

(i) name of practice or employer;

(ii) names of principals, employed lawyers and other staff;

(iii) business and personal addresses and telephone numbers (including cable, telex and other details);

(iv) office hours and after-hours availability;

(v) legal qualifications, or non-legal qualifications relevant to the advertises s practice, conferred by a university, college of advanced education, the Solicitors’ Admission Board or the Barristers' Admission Board;

(vi) current teaching or research appointments at a university or college of advanced education;

(vii) honours or awards conferred by the Crown;

(viii) admission as "solicitor' and date of admission;

(ix) right to practise on one's own account or only as an employee;

(x) admission in other jurisdictions;

(xi) subject to approval by the regulatory body, rights to practise in other professions or occupations;

(xii) subject to approval by the regulatory body, membership of associations of legal practitioners or of members of another profession or occupation;

(xiii) age;

(xiv) sex;

(xv) commencement or termination of practice;

(xvi) languages spoken (indicating whether by a lawyer or a non-legal member of staff;

(xvii) associated legal practices (including agents);

(xviii) appointment as a notary public or commissioner for affidavits;

(xix) willingness to undertake legal aid work;

(xx) availability of brochures, provided their contents comply with the rules on advertising;

(xxi) changes in any of the above particulars;

(xxii) statements which do not relate to an individual practice or practitioner.

The regulatory body would have power to extend this list to include other types of information which it considers may be of assistance to potential clients. Practitioners would be entitled to apply to the regulatory body for the addition of items to the list.

5. This list includes all the items listed in the present regulations, and the Law Society’s proposed new regulations, in New South Wales. But it includes a few additional items, two of which merit brief comment here. First, item (xx) on the list refers to advertisements about the availability of brochures. Adoption of our recommendations in this Report would mean that solicitors could publish brochures about their practices and, for example, make them available in their offices or upon request. Secondly, item (xxii) concerns statements which do not relate to an individual practice or practitioner. Such statements include, for example, educational material about citizens' legal rights, and eye-catching introductory words such as "Do you need a lawyer?" or "Have you made a will?"