The restriction on advertising by lawyers is not specific to Nigeria; it is found in many jurisdictions around the world. The key principle behind this is the belief that the practice of law is a profession, not merely a business, and as such, shouldn’t be advertised in the same way as commercial products or services. This belief holds that advertising can undermine the solemnity, dignity, and integrity of the profession.
However, it’s important to note that the blanket ban on advertising has seen revisions and liberalizations over recent decades. The modern view in many jurisdictions, including Nigeria, allows for limited forms of legal advertising, as long as it is done in a professional, straightforward manner. For instance, having websites that describe the services, qualifications, fees, etc., is usually acceptable. But the specifics can vary by place, and it’s essential for any lawyer to understand and abide by the rules provided by the local legal professional bodies.
Imagine graduating with the heart that you can finally relax from all the rigid rules that regulated your conduct in law school only to realize that there are moderations to how you conduct your business as a lawyer.
For a long time, Nigerian lawyers could not advertise in public media. The old rules Prohibited a lawyer from soliciting employment.
This rule was moderated in 2007 to keep up with the changes in modern society.
Yes, I said it right. Moderated. While soliciting may be outrightly prohibited, there is nothing wrong with talking about yourself or engaging in talks that promotes you as a brand.
Speaking at the maiden edition of the Business of Law Conference, Marx Ikongbeh said:
This moderation is necessary as the legal profession goes beyond practice and procedure. Therefore, the business aspects of the law cannot be ignored. This moderation does not totally limit you as a young professional looking to sell yourself and grow your brand. Rather, it regulates the mode of attraction of business.
The subject of advertising by lawyers was in the past outrightly prohibited, under the old Rules of Professional Conduct (RPC). However, advertising should not be misconstrued for soliciting.
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So Why Don’t Lawyers Advertise?
Several reasons support this stance:
- Minimize Misleading Information: Advertising may lead to misrepresentation or over-exaggeration of legal services, thus misleading potential clients. It may create unrealistic expectations about the outcomes of legal cases.
- Preservation of Professionalism: Lawyers are seen as officers of the court with roles extending beyond the provider-client relationship. There’s a concern that advertising would commercialize the profession, potentially compromising the emphasis on integrity, independence, and professional conduct.
- Avoiding Conflicts of Interest: Advertising could tempt lawyers to take on more cases than they can handle effectively, potentially declining the quality of legal services.
- Access to Justice: There’s a belief that law should not be a pure commodity where only those who can most afford (and are attracted by) the best advertising get the best representation.
I think millennial lawyers are careful in their conduct to avoid breaking the Rules of Conduct.
Lawyers from the older generation do not find it difficult to comply with the rules of conduct. Mostly because they’ve grown used to it. On the other hand, millennials are constantly seeking ways around the old rules without breaking the law.
According to the RPC The following acts will not amount to advertising:
- Introduction by himself or another of his name, address, profession, and educational qualification. A lawyer’s degree may also appear after his name. If he is a notary public, it could also be included but it does not include specialist qualification. For example, Commercial Land consultants, experts in family issues, divorce, custody, welfare, etc. Such an advert is unethical.
- To publish in a reputable law list or directory a brief biographical or informative data of himself including his name, personal bio-data, legal teaching position, national honours, etc. – Rule 39(4) of the RPC. The reason why the above will not amount to advertising is that they do not contain anything about the quality of his practice.
- To cause to be printed on his note-papers, envelops and visiting cards his name, address and academic qualification including the titles ‘Barrister-at-Law’, ‘Barrister and Solicitor’, etc. and any national honours – Rule 40 of the RPC
- If he writes a book or article on the law, he may add his professional qualification after his name – Rule 42 of the RPC
- He can send notices to his client or put an advertisement in a newspaper or journal of a change in his office address or telephone number. It should not relate to the quality of his practice or success – Rule 43 of the RPC.
- A lawyer who is specialized in an area of law and readily available as an associate /consultant may make a brief and dignified announcement to lawyers in his locality only or publish in his local journal. However, it should not amount to the improper attraction of business – Rule 44 of the RPC.
Here’s how you Can Sell Yourself as a Lawyer
In this light, lawyers can advertise their practice. As long as it complies with the Rules of Professional Conduct as stated in RPC 2007.
Social media: LinkedIn, Facebook and Twitter – As a lawyer, there’s no restriction on owning a social media account. provided you do not use your account to undermine other lawyers. Most lawyers use their social media to address trending topics from a legal point of view, not in a bid to indirectly solicit employment but to make the general public more aware of the legal implications of social matters.
Websites and Blog-post: With a website, you can do more! You could create content on your blog that centers around your field using the right keywords to boost your page’s relevance. some examples include the use of a story to narrate what a person can do in the case of an accident and so on. Most law firms have websites that bear their details but in a modest manner.
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Pitches and Response to Proposals: In recent times people request a lawyer’s credentials to enable them to ascertain if they are the best fit for a job.
Google Map: You could have your business listed on Google my Bussiness to increase your chances of being spotted online.
Lawyer listings: Check for lawyer listings in your area and get your name listed on as many as possible.
Events: Attend professional events and other events to increase your chances of in-person introduction. Note that a business card does not count as soliciting.
Publication: You could publish articles on print and online platforms. This would help to establish you as an authority in your area of specialty. This could go in addition to your personal blog and social media handles. For example, @Segalink has gained a wide reputation online through the effective use of social media.
Other Points to Note when Advertising
The limitation on legal professionals is not limited to country.
Other Marketing Devices Prohibited by the 2007 RPC include:
- Certain endorsements or testimonials from a former client
- Portrayal of judges
- Paid, undisclosed payment of testimonials
- Portrayal of a judge, or fictitious lawyer or law firm
- Use of actors or fictionalized persons
- Irrelevant characteristics of the lawyers
- Ads that resemble legal documents
- Certain limits on soliciting new clients for 30 days after a tort
- Certain other limits on communications with non-clients
- Use of a nickname or moniker.
Awesome
Thanks for the information
Nice one
Can a lawyer state a price he charge on his website?