4.
TOUTING, ADVERTISING AND
PUBLICITY
1st August 2022
Readings
Ch. IV Professional Ethics and Responsibilities of Lawyers,
A R B Amarasinghe.
Rules 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49 , Supreme
Court Rules
(Conduct & Etiquette) for attorneys-at-law published by
Gazette Extraordinary No. 535/7, of December 07, 1988 –
From Page 527to 538
Appendix 4, Professional Ethics and Responsibilities of
Lawyers, A R B Amarasinghe.
In re A. V. de Silva, Advocate (1934), <Link>
STATE of Florida ex rel. The FLORIDA BAR v. William B.
DAWSON 111 So. 2d 427 (1959)
State ex rel. Florida Bar v. Murrell, Fla. 1954, 74 So. 2d 221.
Legal Profession Uniform Law Australian Solicitors' Conduct
Rules 2015 <Link>
Model Rules of Professional Conduct, American Bar
Association <Link>
Charter of Core Principles of the European Legal Profession
and Code of Conduct for European Lawyers
<Link>
Touting
● Rule 39 Supreme Court Rules, 1988
● Sections 2, 3 Intermeddlers with Suitors Ordinance
● In re A. V. de Silva, Advocate (1934)
Advertising and Publicity
● Rules 40, 41, 42, 43, 44, 45, 46, 47, 48, 49 Supreme
● Court Rules, 1988
● State of Florida ex rel. The Florida Bar v. William B.
● Dawson 111 So. 2d 427 (1959)
● State ex rel. Florida Bar v. Murrell, Fla. 1954, 74
So.2d 221.
● Rule 36 Australian Solicitors Conduct Rules
● Rule 7.2 Model Rules of Professional Conduct,
● American Bar Association
● Rule 2.6 Code of Conduct for Lawyers in the
● European Union (CCBE Code)
Touting “The bar and its traditions exist because of the independence
of each advocate. He must succeed in accordance with his
What is ‘Touting’? merits, and it would be subversive of all the traditions of the
According to bar if he were to employ any such assistance as that of tout to
Rule 39 – Supreme Court (conduct of and etiquette for obtain his practice.”
Attorney-at-Law) Rules 1988,
an Attorney-at-Law should not under any circumstances by Touting or soliciting is usually done by the attorney himself
himself or through another directly or indirectly resort to the or through another applying to a potential client for
practice of touting. professional business by contact in person, by telephone, fax,
letter or other methods of communication
The expression touting includes the following acts or directed to a specific recipient.
conduct.
1. Engaging in any manner for any commission,
payment or consideration of the services of any Advertising
person to solicit clientele.
Prohibition over advertising in Sri Lanka is rooted here
2. Advertising in any manner for the purpose of through the British system. Legal Profession is perceived as
unfairly attracting clientele for himself. more of a noble pursuit to help society rather than to make it a
viable [Link], advertising is strictly prohibited
Intermeddlers with Suitors Ordinance except within strict limits.
Section 2 An Attorney’s primary concern should be public service and
Any person who not making money. He ought not publicise his services and
(a) solicits or receives from any legal practitioner any seek business as persons who are engaged in trades,
gratification in consideration of procuring or having
businesses and other primarily money-making occupations.
procured him employment as such legal practitioner ;
(b) retains any gratification, or withholds without just Sir Malcolm Hilbery;
cause a portion, out of remuneration entrusted to be “If a man is only able to build a practice on his own merits as
paid to any legal practitioner for such employment; a lawyer and an advocate, the litigant employing him will be
served with skill. But if he might advertise or solicit he might
(c) not being authorised under any law to practice in any
court, solicits or receives from any person any repeatedly get employment, though he exhibited
gratification in consideration of procuring or having incompetence to every fresh client induced by the publicity to
procured the employment of a legal practitioner as employ him.”
such
While lawyers are expected to assist the public by making
(d) being a legal practitioner, tenders or gives any
their services available, special competence and
gratification, or consents to the retention of any
gratification, for procuring or having procured the qualification of an attorney and the fact that he/she
employment as such practitioner of himself or any generally restricts their practice to a particular field of
other legal practitioner, shall be guilty of an offence, law may not be sufficiently well-known to enable a
and shall on conviction be punished with a fine not member of the public to make a confident choice.
exceeding five hundred rupees.
An attorney is not absolutely prohibited from advertising.
Section 3
He may not by himself or through another person or
Any legal practitioner who shall be convicted of any offence
organisation or agency, do or permit, in the carrying on of his
under this Ordinance shall be liable to be removed or
practice or otherwise, any act or thing,
suspended from office by the Judges of the Supreme Court,
whether through a book, pamphlet, newspaper, magazine, etc.
on the motion of the Attorney-General or Solicitor-General.
that may reasonably be regarded as calculated by reason of its
manner, frequency or
otherwise, to procure or attract business unfairly.
In re A. V. de Silva, Advocate (1934)
State v. Dawson, 278 N.C. 351, 180 S.E.2d 140 (N.C. 1971)
Macdonell CJ page 17
This court has condemned the practice of ambulance chasing ● (ii) the client is informed of the existence
through the media of runners and touters. In similar fashion and nature of the agreement; and
we have with equal emphasis condemned
➔ (5) give nominal gifts as an expression of
the practice of direct solicitation by a lawyer. We have appreciation that are neither intended nor reasonably
classified both offences as serious breaches of the Canons of expected to be a form of compensation for
Ethics demanding severe treatment of the recommending a lawyer’s services.
offending lawyer.
(c) A lawyer shall not state or imply that a lawyer is
certified as a specialist in a particular field of law,
State ex rel. Florida Bar v. Murrell, Fla. 1954, 74 So. 2d
unless:
221.
Legal Profession Uniform Law Australian Solicitors' Conduct ➔ (1) the lawyer has been certified as a specialist by an
Rules 2015 (Rule 36 – Advertising) organisation that has been approved by an
appropriate authority of the state or the District of
36.1 A solicitor or principal of a law practice must ensure that Columbia or the U.S. Territory or that has been
accredited by the American Bar Association; and
any advertising, marketing, or promotion in connection with
the solicitor or law practice is not: ➔ (2) the name of the certifying organisation is clearly
➔ 36.1.1 false,36.1.2 misleading or deceptive or likely identified in the communication.
to mislead or deceive,
➔ 36.1.3 offensive, or (d) Any communication made under this Rule must
➔ 36.1.4 prohibited by law include the name and contact information of at least
one lawyer or law firm responsible for its content.
36.2 A solicitor must not convey a false, misleading or
deceptive impression of specialist expertise and must not Charter of Core Principles of the European Legal Profession
advertise or authorise and Code of Conduct for European Lawyers
advertising in a manner that uses the words "accredited
specialist" or a derivative of those words (including post- 2.6. Personal Publicity
nominals), unless the solicitor is a specialist accredited by the 2.6.1. A lawyer is entitled to inform the public about his or
relevant professional association. her services provided that the information is accurate and not
misleading, and respectful of the obligation of confidentiality
Model Rules of Professional Conduct, American Bar and other core values of the profession.
Association
Rule 7.2, Communications Concerning a Lawyer's Services: 2.6.2. Personal publicity by a lawyer in any form of media
Specific Rules- such as by press, radio, television, by electronic commercial
(a) A lawyer may communicate information regarding communications or otherwise is permitted to the extent it
the lawyer’s services through any media. complies with the requirements of 2.6.1.
(b) A lawyer shall not compensate, give or promise An attorney may accept employment either full or part time or
anything of value to a person for recommending the attend at a law or legal advice centre and participate in a
lawyer’s services except that a lawyer may:
scheme conducted at such a centre rendering legal aid.
➔ (1) pay the reasonable costs of advertisements or
communications permitted by this Rule; An attorney should not provide such service in order to obtain
work or for financial gain other than any remuneration paid
➔ (2) pay the usual charges of a legal service plan or a by the centre.
not-for-profit or qualified lawyer referral service;
➔ (3) pay for a law practice in accordance with Rule Rules 40, 41, 42, 43, 44, 45, 46, 47, 48, 49 Supreme Court
1.17; Rules, 1988 sets out the limits of advertising and publicity for
an Attorney-at-Law practising in Sri Lanka.
➔ (4) refer clients to another lawyer or a non lawyer
professional pursuant to an agreement not otherwise How members of the legal profession shall deal with
prohibited under these Rules that provides for the improper publicity,
other person to refer clients or customers to the ● Attorneys must refrain from improperly advertising
lawyer, if: their practice or firm and they are required to take
● (i) the reciprocal referral agreement is not steps to prevent others from advertising.
exclusive; and
● Where an attorney becomes aware of any
impropriety in any publicity relating to his/her Rule 45 –
practice or firm, the attorney must use his/her best Attorney at Law/Law firm may have its name, address
endeavours to procure the rectification or withdrawal description in any legal directory including telephone
of the publicity. directory
Rule 40 – Rule 46 –
An Attorney-at-Law may display his professional name plate Attorney-at-Law may broadcast on radio/TV/deliver
at his office and/or residence. lectures/give talks/ interviews/or write articles or letters on
(a) Such name plate can only contain the following any legal or professional matter.
information:
1. Name of the Attorney-at-Law/ Law Firm Rule 47 –
2. Professional Qualifications of the attorney/partners If an Attorney-at-Law knows, believes his name would be
of law firm. (Eg: Attorney-at-Law. Notary Public, advertised should take steps to see that it wouldn’t offend
Solicitors, JP, Commissioner of Oaths) rule/etiquette against advertising.
3. Academic Qualifications such as university degrees
4. Office hours Rule 48 –
Attorney-at-Law should not give any
(b) Illuminated name plates or boards showing the directions interview/broadcast/permit publication of matters relating to
to the office of an attorney-at-Law shall not be used. client/former clients business without the latter's consent.
(c) The professional or law firm name plate shall be of a Rule 49 –
reasonable size sufficient only to enable clients to find the Attorney at Law should not cause/permit to be published
office or residence of the Attorney-at-Law. particulars of –
i. His practice
Rule 41 – ii. A matter in which he has instructed (unless he can do so
If changes premises can leave notice for reasonable length of without disclosing confidential info pertaining to the matter).
time in former premises giving new address
Rule 42 –
Attorney at Law may have professional stationary – may
contain following information:
1. Name of Attorney at Law/law firm, address and
residential address telephone number, [Link]
number etc.
2. Name of partners and members of law firm
3. Professional/academic qualifications of Attorney at
Law, including partners and members
4. In case of law firm maybe described as “Attorneys at
Law & Notaries Public” or “Attorneys at Law and
Solicitors”.
Rule 43 –
Attorney-at-Law / Law firm may have its address on
envelopes, cheques and documents.
Rule 44 –
Attorney at Law may use card which may contain:
1. Name
2. Professional/residential address
3. Telephone number
4. Professional/academic qualifications
5. Name of legal firm of which he maybe a member
