QLD LP - Wk 5 - The lawyer-client relationship REVISION TEST ALREADY PASSED

Advertising and attracting clients There is little in the way of ethical regulation which restricts how most lawyers advertise services and attract clients. The ASCR, which are intended to apply to all solicitors within Australia, impose a number of specific restrictions on practitioners in Queensland promoting their legal services. The restriction on advertising is principally set out in ASCR r 36, which prohibits false, offensive or misleading or deceptive practices. The ASCR is broader than previous rules to also cover 'marketing or promotion,' this is also caught under the ACL. - There are, however, strict restrictions on lawyers offering legal services relating to personal injury under Personal Injuries Proceedings Act 2002 ss 67-68. These restrict how the lawyer can advertise themselves and their billing practices - for instance, they cannot say they charge on a 'no-win-no-fee' basis. Only the name of the firm, contact details and specialties can be advertised: s 66(1). In any case, lawyers must be careful not to be misleading in the way they advertise ACL - Consumer guarantees 'Consumer guarantees' under ss 60 - 62 ACL whereby lawyers guarantee to consumers that they will provide legal services: --with due care and skill; --that are fit for the purpose; --within a reasonable time. -Requires a lawyer who advertises their services to clearly and unambiguously spell out the total price - a single figure "all up" GST inclusive cost, including any compulsory fees and charges.