What are the rules about solicitors’ advertising generally?

The general solicitors' advertising rule is to be found in the Solicitors Rule 2007.

Section 36.1 to 36.3 say that your advertising must not be false, misleading, deceptive, likely to mislead or deceive, vulgar, sensational, or likely to bring a court, you, another solicitor, or the legal profession into disrepute.

Sections 36.4 and 36.5 contain the rules about the Queensland Law Society’s Accredited Specialist Scheme, and restrictions on advertising as a specialist.

There is a good introduction to solicitors' advertising generally by Neil Watt in this Proctor July 2008 article.

In addition of course, under the Australian Consumer Law (Cth) (formerly the Trade Practices Act 1974 (Cth)) and by the Fair Trading Act 1989 (Qld)) there are penalties for making false or misleading representations - see s.29 of the ACL.

In 1996 the Federal Bureau of Consumer Affairs issued Guidelines for the Advertising of Legal Services. These guidelines aim to assist lawyers to avoid making misleading or deceptive representations.

The Law Institute of Victoria has also issued some Advertising Guidelines.

‘Casting the first stone: Lawyers’ liability under s 52’ Natalie Skead (2008) 16 TPLJ 6.  This article on the former Trade Practices Act provisions is available from the Supreme Court library on request: Document Delivery.