Marketing & Advertising

Question 1

what are the requirements under StARs?

Answer 1

Main SRA principles: independence & acting in client’s best interest

Publicity must be accurate and not misleading (inc. charges and interest)
o Publicity includes all promotional material (i.e. posters, stationary) and activity (i.e. media posts, promotional press realises, direct approach to clients)
o Publicity does not include a press release prepared for a client

Question 2

what governs marketing and advertising for solicitors?

Answer 2

general law, StaRs and the SRA transparencyrules

Question 3

what do the SRA transparency rules say about advertising in relation to all firms?

Answer 3

• The firm’s SRA number and badge must be in a prominent place on the website
• The complaints handling process must be published on the website inc. how to complain to the SRA and LO
• The firm’s letterhead and emails must inc. the SRA number and the words ‘authorised and regulated by the Solicitors Regulation Authority’

Question 4

re: transparency rules

what is the position regarding specific firms?

Answer 4

The rules require all SRA-regulated firms/freelancers that publish their services (not inc. publicly funded work) and offer one of the specified services to publish certain information

Question 5

re: transparency rules

what are the ‘specified services’

Answer 5

Specified services provided to individuals:
 Residential conveyancing
 Uncontested probate (where all assets are in the UK)
 Summary-only motoring offences
 Employment tribunals (claims for unfair or wrongful dismissal)
 Immigration (exc. Asylum claims)

Specified services provided to business:
 Debt recover up to £100k
 Employment tribunals (defending unfair or wrongful dismissal)
 Licensing applications

Question 6

re: transparency rules

what additional information are ‘specific firms’ to provide?

Answer 6

 Total cost (or average cost / range if not practicable)
 Basis of charges (inc. whether hourly or fixed fee)
 Services inc. in the price and exc.
 Experience and qualifications of those undertaking the work and their supervisors
 If VAT is inc. or exc. in price
 If conditional fee or damage-based agreement are used, the circumstances where the client might have to make payment

This info must be clear and accessible on the website

If there is no website, it must be available on request

Question 7

what is an unsolicited approach?

Answer 7

• Unsolicited approach = cold calling such as phone, direct approach etc

Question 8

what is the position regarding unsolicited approaches?

Answer 8

• General law > solicitor must have consent for marketing purposes and comply with a request that information is not used for this purpose
• In addition, StaRs > solicitors must not make individual and targeted unsolicited approaches to members of the public (unless an exception applies)

Question 9

when is an unsolicited approach permissible? Give an example.

Answer 9

o unsolicited approached are permissible if:
 The individual is a current or former client; or
 They are a current or potential business contact

SRA example:
o sending leaflets to all homes in a large area = permissible
o Sending leaflets to a select number of homes = not permissible

Question 10

what is the position regarding advertising on social media?

Answer 10

• There are no specific provisions but a solicitor must make sure they comply with StaRs

Question 11

what is ‘separate business’?

Answer 11

• Separate business = an unregulated business connected with a body that is authorised by the SRA i.e. one owns the other or is involved in the provision of services such as ADR, financial services or estate agent

Question 12

what is the position regarding separate business?

Answer 12

• Solicitors must ensure they do not represent any separate business as being regulated by the SRA
• A solicitor can only refer, recommend, introduce or divide the client’s work with the separate business where they have given consent