Law firms advertise much like any other business now. They run websites, write blogs, post on social media and pay for search ads. But lawyers work under extra rules that most businesses do not face. Breaking them can lead to a complaint to the legal regulator.

This article sets out the main advertising rules for Australian solicitors in plain terms. It covers the conduct rules, consumer law and the special limits on personal injury advertising. It is a starting point for firms checking their own marketing.

The basic rule for solicitor advertising

The main rule sits in rule 36 of the Australian Solicitors’ Conduct Rules. It applies to any advertising, marketing or promotion connected with a solicitor or a law practice. That material must not be false. It must not be misleading or deceptive, or likely to mislead or deceive.

The rule adds two more limits. Advertising must not be offensive, and it must not be prohibited by law. The Law Society of NSW sets out the rule on its advertising legal services page. The same rule number applies in Queensland under that state’s version of the conduct rules.

The responsibility sits with the solicitor or the principal of the practice. That means a firm cannot blame a junior staff member or an outside marketer for a misleading ad. If the material promotes the firm, the people running it are answerable for it. Checking campaigns before they go live is a sensible habit.

Claims about specialist expertise

Rule 36 also deals with claims about expertise. A solicitor must not give a false, misleading or deceptive impression of specialist expertise. The words “accredited specialist” can only be used if the solicitor is accredited by the relevant professional body. That covers derivatives of the phrase and post nominals as well.

The Queensland Law Society commentary makes a further point. Accreditation belongs to the individual lawyer, not the firm. So accreditation logos should not sit beside the practice name or the name of a lawyer who is not accredited. This is an easy mistake to make on a website header or business card.

Everyday wording can raise the same issue. Calling a firm the leading experts in an area can suggest a level of expertise that has not been formally recognised. Our post on using an estate planning specialist shows how often the word appears in legal content. Firms should think about how that word reads to a member of the public.

How consumer law applies to law firms

Lawyers are also bound by the Australian Consumer Law. It is found in Schedule 2 of the Competition and Consumer Act 2010. The Queensland Law Society notes it applies to any business or professional activity. That includes legal services.

The society points to a few provisions in particular. Section 18 bans misleading or deceptive conduct. Section 29 bans false or misleading representations about services. Section 34 deals with misleading conduct about the nature of services.

The commentary also mentions consumer guarantees, component pricing, unconscionable conduct and unfair terms. For a law firm, this means fee claims need care. Promising a fixed price that leaves out likely extra costs could cause trouble. So could claiming outcomes a firm cannot guarantee.

Personal injury advertising

Personal injury work has its own rules in some states, and they differ a great deal. This is one area where a national firm cannot assume one approach fits everywhere. Always check the law in each state where you advertise.

Queensland

In Queensland, the Personal Injuries Proceedings Act 2002 restricts this kind of advertising. The Queensland Law Society commentary on rule 36 explains the limits. Advertising covers any statement likely to encourage someone to claim compensation or to use a named practice. Such ads can appear in print, on billboards, on signs and on the internet.

They cannot run on radio, television, recorded phone messages or in cinemas. Ads are generally limited to the firm’s name, contact details and areas of practice. Fuller statements, including speculative no win, no fee offers, are only allowed on the firm’s own website. Touting at accident scenes or hospitals is banned, and so are referral fees.

The Legal Services Commission monitors and enforces these rules. Complaints about breaches can be made to the Commission. Firms that advertise injury work in Queensland should keep these limits in mind for every campaign.

New South Wales

New South Wales used to have a similar ban on advertising personal injury legal services. The Law Society of NSW says the Legal Profession Uniform Law 2014 does not include that prohibition. The same applies to work injury services under the Workers Compensation Regulation 2016. Even so, rule 36 and consumer law still apply to every ad.

Blogs, search ads and social media

A legal blog is advertising too, even when it reads like general information. Every claim in an article should be accurate and up to date. Our post on maximising the performance of your legal blog covers the practical side. The conduct rules sit on top of that advice.

Helpful articles can explain how the law works without overselling. A criminal law firm might discuss whether courts choose drug rehab or prison in general terms. That kind of content informs readers without promising a result. It also avoids claims that could be called misleading.

Search marketing brings its own traps. Ad headlines are short, and short claims can easily overstate things. Our post on common law firm SEO mistakes looks at the technical side. The rules here are about what the words actually say.

A quick check before anything goes live can catch most problems. It only takes a few minutes per campaign. These questions are a useful starting point:

• Is every statement about results, fees or experience true and current?
• Does any wording suggest specialist expertise that has not been accredited?
• Would a reader be misled by what is left out, such as extra costs?
• Does any personal injury content meet the rules in each state where it runs?
• Has a principal of the firm reviewed and approved it?

Where to find the rules for your state

Each state and territory has its own law society or regulator. Their websites are the best place to look for local guidance. The Queensland Law Society publishes commentary on the conduct rules. The Law Society of NSW has a page on advertising legal services.

Rules are updated from time to time, so check the current version. If you are unsure about a campaign, ask your law society’s ethics team. Firms can also get their own legal advice on compliance. Getting it right early is easier than fixing a campaign later.

Frequently asked questions

Can a lawyer call themselves a specialist?

Only if they do not give a false impression of specialist expertise. The words “accredited specialist” can only be used by a lawyer accredited by the relevant professional body. Accreditation belongs to the individual, not the firm.

Does consumer law apply to lawyers?

Yes, the Australian Consumer Law applies to legal services. It bans misleading or deceptive conduct and false claims about services. This sits alongside the conduct rules.

Can Queensland lawyers advertise no win, no fee?

For personal injury work, fuller statements such as no win, no fee offers are only allowed on the firm’s own website. Other ads are generally limited to basic details. The Legal Services Commission enforces these limits.

Are law firm blog posts covered by the advertising rules?

Yes, the rules apply to any advertising, marketing or promotion connected with a firm. A blog that promotes the practice falls within that. Keep every claim accurate.

This article is general information about Australian legal profession rules only and is not legal advice. The rules differ between states and territories and change over time. Speak with a qualified lawyer or your law society about your own situation.