Obtaining Instructions

Question 1

What is the need for advertising?

Answer 1

A law firm is a business. It needs clients.

Must attract new clients, through local newspapers, websites, television etc.

Question 2

What is the aim of advertising?

Answer 2

Increases general publics awareness of the firm in question

To improve the reputation of the profession in the eyes of the general public

Question 3

What is the “solicitor brand campaign 2020”?

Answer 3

Seeks to remind the general public of the benefit of using solicitors, rather than unqualified individuals.

Question 4

What is the general law on advertising?

Answer 4

Not to misuse information which solicitors hold.

Question 5

What is the GDPR?

Answer 5

General data protection regulation

Controllers or processors, of personal information to handle it in certain ways and impose penalties on processors who are in breach of this duty

Question 6

What is DPA 2018?

Answer 6

Data protection act 2018

Question 7

What is personal information defined as in GDPR?

Answer 7

Any information relating to an identified or identifiable natural person

Question 8

What are professional conduct requirements for advertising?

Answer 8

Publicity in relation to the firm must be ACCURATE and not MISLEADING.

Question 9

What is the definition of publicity?

Answer 9

Widely defined.

Includes all promotional material and activity.

Name and description of the firm, stationary, advertisements, brochures, websites, media appearances, promotional press releases, DIRECT approaches to potential clients and other persons.

Question 10

What are the SRA Transparency Rules?

Answer 10

Aim of making sure that consumers of legal services have the information they need to make an informed choice of legal services providers, including understanding what the costs may be.

Question 11

What are the specified services in relation to individuals in the SRA Transparency Rules?

Answer 11

Residential conveyancing
Uncontested probate
Motoring offences
Employment tribunals
Immigration

Debt recovery
Employment tribunals for a business
Licensing applications

Question 12

What information on costs must be included in a specified service?

Answer 12

Total cost
Basis of chagres
What services are included with the displayed price
Experience and qualification of anyone
If VAT is payable
Timescales
If conditional fee or damage based agreements are used

Question 13

What is an unsolicited approach?

Answer 13

If a solicitor “cold calls” individuals in order to promote the solicitors business.

Must comply with general law applicable to this marketing.

Must have ALL consent required by the relevant data protection legislation.

Question 14

What does paragraph 8.9 of data protection legislation state about unsolicited marketing approaches?

Answer 14

Prohibited a solicitor from making an unsolicited approach to individual members of the public.

Question 15

What is the exception of unsolicited approaches?

Answer 15

If the individual is a current or former client, you can advertise legal services.

Question 16

When can you not use “solicitors” as a business name?

Answer 16

If the body is not authorised by the SRA

Question 17

Can solicitors enter agreement with third parties to introduce clients to the solicitor?

Answer 17

Only if they comply with SRA principles and relevant codes of conduct.

As the relationship between solicitor and client should be built on trust, the arrangement with a third party must not jeopardise that trust, cannot take unfair advantage

Question 18

Can a solicitor refer a client to a third party?

Answer 18

Yes, only if the client is informed of any financial r other interest which the solicitor or business has in referring the client to this other person/body.

Question 19

What is the term “introducer”?

Answer 19

Any person, business or organisation, who or that induces or refers clients to your business, or recommends your business to clients or otherwise puts you and clients in touch with one another

Question 20

Can solicitor receive payments relating to a referral in respect of criminal proceedings?

Answer 20

NO!

Must not receive payments relating to a referral or making payment to an introducer in respect of clients who are the subject of criminal proceedings.

Question 21

Are referral fees legal?

Answer 21

Didn’t used to be. 2004, this was lifted.

Under legal aid, setnencing and punishment of offenders ac 2012, the payment or receipt of referral fees in claims for damages is prohibited.

However, under para 5.2, where it appears to SRA that a Solicitor has made or received a “referral fee”, the payment will be treated as such, unless the s solicitor is able to show otherwise.