A. INTRODUCTION
16.1 In previous chapters we have been concerned with the conduct of individual practitioners and firms. In this chapter we consider action by professional associations, such as the Law Society and Bar Association and by other groups of lawyers outside any one firm. We look at a number of ways of informing the public about aspects of the legal system (“informational” communication) and of encouraging them to use lawyers (“promotional” communication). Some of these methods can be described as advertising, in the usual sense of that word, while others have similar informational or promotional goals but are better described as community legal education.
16.2 We begin the chapter with an outline of the present position We then make some recommendations about further initiatives in this area.
B. THE PRESENT POSITION
Solicitors
16.3 In recent years, the Law Society of New South Wales has established a number of projects aimed at informing the public about the law and at encouraging the use of lawyers. 1 The projects include:
(i) preparation and distribution of brochures which contain simple information about a particular type of legal problem (for example, “buying a home”, “motor accident third party claims”, “your will”) and which advise that a solicitor or legal referral centre should be consulted;
(ii) a six-month newspaper and radio advertising campaign in 1980 “designed to inform the public of dangers involved in the employment of unqualified conveyancers”; 2
(iii) preparation of a package of four lectures on legal topics for delivery by local lawyers to senior secondary school students;
(iv) provision of a lawyer to answer legal queries on a weekly radio talk-back programme;
(v) preparation of a cartoon-type series in a daily newspaper, depicting common legal situations and indicating the advantages of seeing a solicitor;
(vi) preparation by some regional law societies of weekly feature columns in local newspapers, discussing legal topics;
(vii) preparation and distribution of the Legal Services Directory, which we have described earlier in this Report. 3
Each of these projects was financed out of the general funds of the Society, although in the case of the Legal Services Directory the Law Foundation of New South Wales also provided financial assistance.
Barristers
16.4 Neither the Bar Association nor any other group of barristers undertakes projects analogous to those mentioned above. In 1977, the Association submitted to us that
“collective advertising which informs or educates the public as to the general nature of legal services available and provided by the legal profession, but which does not advertise or promote any one individual or organisation is desirable and in the public interest.” 4
However, no steps have been taken by the Association in this regard.
Law Foundation
16.5 The Law Foundation has conducted or funded a number of initiatives in this area. 5 For example, it has played a major role in the development of legal studies in secondary schools, and has financed publications designed to inform members of the public about various aspects of law. The Foundation has representatives of the Law Society and the Bar Association amongst its Governors, but its funds come from the interest on clients’ funds held in trust by solicitors, rather than from the profession itself.
Outside New South Wales
16.6 In our Discussion Paper, we described the extensive advertising compaigns undertaken in recent years by law societies in Queensland, Victoria, New Zealand, and the United Kingdom. 6 We referred also to several other developments in relation to institutional advertising and community legal education. 7 We do not repeat those descriptions in this Report.
C. OUR RECOMMENDATIONS
16.7 In our view, institutional advertising and community legal education can serve very valuable purposes, to the benefit of both the public and the profession provided that they are prepared, presented and financed in an appropriate manner. In the following paragraphs we list certain principles by which, in our view, further developments in this area should be guided. 8
16.8 Promotional Advertising. Institutional advertising of a predominantly promotional nature is acceptable provided that it is accurate, fair and temperate, and that it is financed solely or principally by the profession itself rather than from public funds. The need for fairness applies particularly to advertising which seeks to attract business from the profession’s competitors.
16.9 Informational Advertising. The profession should not concentrate its institutional advertising on promotional goals. Informational advertising, whether in conjunction with promotional material or otherwise, is an important means by which the profession can demonstrate its high ideals of public service. It would be unsatisfactory if the profession restricted its institutional advertising to reactive campaigns against competitors, rather than initiating positive campaigns in areas of unmet need.
16.10 The Bar. We do not consider that institutional advertising and community legal education should be regarded as the exclusive preserve, or responsibility, of solicitors. Like solicitors, the Bar espouses high ideals of public service. Moreover, extra business or enhanced public standing which arises from institutional advertising by the Law Society may often flow on to the benefit of the Bar. In our view, the Bar should take initiatives in this area or, perhaps preferably, contribute human and financial resources to joint projects with bodies such as the Law Society and the Law Foundation.
16.11 Local and Specific Groups. In some instances, institutional advertising and community legal education may be easier to organise, and more effective, if done by a group of lawyers who work in a particular locality or who have some special interest in common. The Law Society and the Bar Association could facilitate advertising of this kind by preparing a manual of suggestions and practical details, 9 and by subsidising projects from their general funds.
16.12 Target Audiences. We consider that in the areas of institutional advertising and community legal education particular emphasis should be placed on the needs of disadvantaged sectors of the community. We refer especially to economic, linguistic and geographical disadvantages. Non-lawyers closely familiar with the particular target audience should usually play a leading role in devising and implementing projects.
16.13 Types of Information. The primary goals of institutional advertising should be helping members of the public to prevent legal problems from arising, to identify an appropriate source of assistance when they do arise, and to find their way to such a source. In many instances it will be feasible to achieve these goals, but not to communicate detailed information or advice about particular problems.
FOOTNOTES
1. See Law Society of New South Wales, “Advertising” (Submission No.218), pp.8-9.
2. See Law Society of New South Wales, Annual Report (1980). in Law Society Journal (1980) Vol.19, p.548.
3. Paras.3.18 and 9.7.
4. “Advertising” (Submission No.196), para.2.7.
5. For details of the Foundation’s work see its Annual Reports.
6. Pp.191-193.
7. Pp.193-194.
8. These principles are considered in greater detail in our Discussion Paper, Advertising and Specialisation, pp.194-197.
9. See eg. the American Bar Association’s manual, “Bar Association Advertising - A How-to Manual”.
