I. Introduction
13.1 The previous chapter we recommended a substantial relaxation of restrictions on individual advertising by solicitors. Generally speaking, our recommendations applied to advertising in any medium. However, in this chapter we look at particular media in relation to which special considerations may require some divergence from the general approach. We look at
- radio and television;
- signs and brochures;
- the telephone directory;
- the Legal Services Directory;
- the Law Almanac.
We do not consider in this chapter advertising by mail or on business cards. Such advertising is received on a private and individual basis; accordingly, we consider it in chapter 14 under the heading of solicitation.
II. Radio and Television
13.2 It is sometimes argued that individual advertising by solicitors should be restricted to printed publications, because advertising on radio and television is more likely to be misleading, disreputable to the profession or excessively, expensive. 1 The Law Society opposes radio and television advertising on the grounds that it is “intrinsically, promotional rather than informative” and must rely on “the immediacy of its impact” whereas written advertising “allows the reader to reflect and reconsider”. 2
13.3 On the other hand, radio and television advertising by lawyers is permitted in many parts of the United States. 3 In recommending that television advertising should be permitted, the American Bar Association’s Commission on Advertising reported in 1978:
“Because a substantial percentage of the public receives most of its general information through the television medium, television is the most universal and effective means for conveying information about any service, including legal services.... Because of widespread ‘functional illiteracy, radio and television are the only methods of informing many members of the public.” 4
13.4 In our view, many of the people most in need of encouragement and assistance to identify and approach a lawyer who is well- suited to their needs are more likely to notice an advertisement on radio or television than in newspapers. Moreover, whereas some types of information are best communicated in print, others can only be communicated, or are more effectively communicated, by sound, pictures or a mixture of both. We do not accept that radio or television advertisements are inherently more likely to be misleading or disreputable to the profession, than printed advertisements. As to the question of expense, we expect that it will contribute to a lack of interest on the part of many solicitors in this kind of advertising, especially on television but we do not see that as a reason for prohibiting such advertising. And as we mentioned earlier, recent American experience does not indicate that radio and television advertising is likely to be dominated by large and wealthy firms to the detriment of smaller practices. 5
13.5 Accordingly, we recommend that individual advertising by solicitors should be permitted on radio and television to the same extent as in print. We do not anticipate that advertising of this kind would become widespread, at least in the near future. I f problems of over-use occur eventually, consideration could be given to introducing restrictions on frequency and expenditure.
III. Signs and Brochures
13.6 We described earlier the present restrictions concerning the display of signs and brochures by solicitors. 6 These forms of advertising can be very effective ways of communicating information, although, in relation to office signs, considerations of space and expense may deter lengthy advertisements.
13.7 We do not favour the content of signs and brochures being limited more closely than the content of, say, newspaper advertisements. Particular signs or brochures may be misleading, or disreputable to the profession, but, in our view, they can be dealt with adequately by the rules suggested in the general scheme recommended in the previous chapter. However, we do not necessarily object to specific restrictions on the size and appearance of office signs, provided they are necessary to avoid advertisements which, by reason of their size or appearance, are disreputable to the profession. But the restrictions should not be aimed at prohibiting content which could be advertised in other media.
13.8 We recommend removal of the present requirement that generally speaking, signs must be attached to the office premises of the solicitor.7 Such a restriction is a remnant of the view, recently abandoned by the Law Society,8 that the proper role of the signs is to help people find their solicitor's office, rather than to attract business. Similarly, we see no Justification for confining brochures to office waiting rooms; subject to the rules relating to solicitation, they should be able to be made available generally.
IV. Telephone Directory
13.9 The telephone directory is an important source of information about solicitors. It is our view that, generally speaking, the restrictions on advertising in the directory should be no tighter than in relation to other printed publications. However, considerations of space make it reasonable to place extra restrictions on information in the alphabetical section (the White Pages). In relation to the classified section (the Yellow Pages), it is reasonable for the Law Society to arrange coordinated alphabetical, regional and perhaps other listings of solicitors, and to restrict information in them so as to preserve conciseness and comprehensibility. But, outside these coordinated listings, we see no reason for special restrictions on advertisements (including display advertisements) by solicitors in the Yellow Pages. Of course, all advertisements in the directory would be subject to the general restrictions imposed by Telecom as the publisher of the directory. 9
13.10 In our Discussion Paper, we described the types of information which solicitors are presently permitted to insert in the telephone directory, and which they would be permitted to insert under the Law Society’s proposed new regulations. 10 We also made some detailed suggestions for change. 11 We do not repeat all of that discussion here, but we do make three specific recommendations for relaxation of the restrictions, beyond those currently proposed by the Law Society.
13.11 First consideration should be given to a co-ordinated listing of solicitors in the Yellow Pages, containing, amongst other things, the types of information about fields of practice, languages spoken and initial consultation fees that are in the present Legal Services Directory. A listing of this kind, proposed by Telecom, was endorsed by the Law Institute of Victoria early in 1982. 12 At the head of the listing, there could be a note explaining the significance of the advertisements. In Ontario there is a note of this kind which also includes information for clients or potential clients about obtaining estimates of fees and independent reviews of bills; similar information could usefully be added to the directory in New South Wales. Secondly, if the first recommendation is not adopted, the nature and availability of the Legal Services Directory should be advertised prominently in the Yellow Pages. Thirdly, solicitors should be permitted to insert display advertisements in the Yellow Pages, outside the coordinated listings, containing any information which they would be entitled to advertise in other printed publications.
V. Legal Services Directory
13.12 The Legal Services Directory should remain concise, comprehensible, and uniform in presentation It should be convenient for use by people who are not at ease reading complex material or legal language. If too much information is included in the Directory it may fail to meet these requirements. But, in our view, the Directory presently omits some important types of information which could be included without significantly reducing its comprehensibility or convenience.
13.13 We recommend that the Directory should include the following types of information, 13 in addition to those which it presently contains:
(i) willingness or unwillingness to accept work directly from clients, rather than only from instructing practitioners;
(ii) the names of principals and employed solicitors in each practice;
(iii) types of credit card accepted;
(iv) date of admission as a solicitor;
(v) after hours or emergency telephone numbers;
(vi) (provided it fits in a small space made available next to each practice’s entry), any information, such as opening hours, which solicitors would be permitted to advertise in other printed publications;
(vii) (in a part of the directory separate from the main listings), admission as a lawyer in other jurisdictions.
If a low-medium fields of practice scheme of the kind described in Part II of this Report 14 were introduced, the Directory could include advertisements of “preferred areas of practice” in accordance with that scheme.
13.14 If the Legal Services Directory is to be of substantial use, especially to those most in need of it, its existence must be widely advertised. We understand that, having achieved considerable publicity when the Directory was launched. In 1981, the Law Society has no plans to advertise it on a regular or recurrent basis. In our view, the Directory should be advertised widely and repeatedly in accordance with a continuing plan Posters, brochures, and radio and television commercials could be considered for use in such a campaign, in addition to more conventional methods such as newspaper advertisements. It would be desirable for a thorough and independent survey of the level and pattern of use of the Directory to be conducted. Without “follow-up” along these lines, the potential advantages of the Directory for both the profession and the public may be substantially lost.
VI. Law Almanac
13.15 We recommend that consideration should be given to including a wider range of information in the Almanac than it presently contains. In particular, it could include information about willingness or unwillingness to accept work in certain fields of practice, and willingness or unwillingness to accept work directly from clients rather than only from instructing practitioners. In this way it could meet the need for a Referrals Directory to which we referred in Part II of this Report. 15 If the low-medium “preferred fields of practice” scheme described in that Part 16 were introduced, the Almanac could include advertisements complying with that scheme.
FOOTNOTES
1. For a fuller discussion of the issues raised in paras.13.2-13.5, see our Discussion Paper, Advertising and Specialisation, pp. 153-154.
2. “Advertising and Specialisation”, (Submission No.412), pp.21-22.
3. See L Andrews, Birth of a Salesman (American Bar Association, Chicago, 1980).
4. Report to the House of Delegates (1978), p.4.
5. Part 11.19; and see Andrews (footnote 1 above).
6. Paras.9.14-9.15.
7. See para.9.15.
8. Contrast the present ruling, made in 1981. with the previous ruling, made in 1980.
9. See para.10.13 of this Report in relation to the views of the advertising contractor for the Yellow Pages.
10. P.156.
11. P. 157.
12. See Law Institute Journal (February, 1982), p.7.
13. Some of these types of information arc included in legal services directories outside New South Wales (see our Discussion Paper, Advertising and Specialisation, ch.8, and pp.158-159).
14. See chapter 6.
15. Paras.6.21 and 7.8.
16. Paras.6.22-6.40.
