ADVERTISEMENT

What is advertisement? Making the legal work known to the public and wanting clients to engage us in the process. Advertising is the deliberate act of taking steps to promote market or public one’s goods or services through media such as television, radio, newspaper or other channel of communication for the purpose of attracting clientele.

Is it allowed under our laws?Yes in certain circumstances Rule 39 (1)

Rule 39 (2) spells out the instances that will amount to improper advertisement:

1. Where it is inaccurate or likely to mislead
2. Be likely to diminish public confidence in the legal profession or the administration of justice, or otherwise bring the legal profession into disrepute;
3. Make comparison with or criticizes other lawyer or other professions or professionals;
4. Includes any statement about the quality of the lawyer’s work , the size or success rate; or
5. Is so frequent or obstructive as to cause annoyance to those to whom it is directed

In the same vein, a lawyer shall not: Rule 46(2)

• Insert in any newspaper, periodical or any other publication, an advertisement offering as a lawyer, to undertake confidential enquiries
• Write for publication or otherwise cause or permit to be published, except in a legal periodical, any particulars of his practice or earning in the courts or cases where the time for appeal has not expired on any matter in which he has been engaged as a lawyer; and
• Take steps to procure the publication of his photograph as a lawyer to the press or any periodical

Soliciting

What is soliciting? This can be defined as the lobbying, begging, beseeching or prevailing on another to grant the handling of a brief to a lawyer. A situation where a lawyer has canvassed for a particular job. In other words, if not for the begging, the lawyer in question, may not have ben granted the handling of the brief

Is it permissible? Not allowed at all, but is very common.

Contrary to the case of advertising, soliciting is prohibited. Rule 39(3)

The following are termed as soliciting

What the can a lawyer do without inhibition in showcasing himself ?r 39(4)

He is allowed to publish in a reputable law list or law directory, a brief biographical or informative data of himself and include the following:

1. Name (s) of his professional associations
2. Address, phone no, telex no, e-mail address etc.

• The school

1. ….
2. …
3. ….

• …

Note-papers, envelopes and visiting cards – R 40

• A lawyer is allowed these with the following oriented on them
• Name and address
• Academic and professional qualifications, title – barrister – at law, barrister and solicitor, solicitor and advocate, legal practitioner, attorney-at-law

Signs and notices – Rule 41

• A lawyer is also allowed signs and notices
• These must be displayed either at the entrance of the firm or outside any building or offices in which the law business is carried out
• These must contain name and professional qualifications
• Must also be of a reasonable size and sober design

Books and articles – R 42

• May include professional qualifications and after his name

Instigating controversy or litigation – rule 47

• A lawyeris forbidden from fomenting strife or instigating litigation.
• He must not proffer advice to pursue a lawsuit without being consulted.

Instances of such include:

• Searches in registries for defective titles
• Seek out claimants in respect of personal injuries with a view to being employed by the perspective client
• Engage, aid or encourage agents to follow up on accidents with a view to employment
• Offer or agree to offer rewards to any person who by reason of his won employment is likely to be able to influence legal work in favour of the lawyer.

What is champerty?And what is the difference with contingency fee arrangementS 50 (1)

In champerty the lawyer is luring the client into litigation, instigating litigation and that’s not allowed, however contingent fee arrangements is allowed under the law, the lawyer believes there is something in the case for him and pays for the administrative fees of the case so the in the event that if the matter goes in their favour they will get their fees. It’s a more sincere arrangement on the part of the lawyer.

Draw a complimentary card, signpost, letterhead.Note that sign post doesn’t include the address or e-mil of the firm, its just the name of the firm.

LAW Dinner

Everyone is sat down, after the malate goes you stand up and the

• Presiding bencher gives opening prayer
• Loyal toast: only when you’re prompted to stand up that you stand up but usually you sit down
• After dinner speech: you’re sat
• Introduction of members of the BOB: after the malate
• Closing prayer: stand up
• Lawyers and benchers file out
• Students remain standing