Overview

The term ‘advertising’ can be construed narrowly or broadly. This section focusses on well-recognized and traditional forms of advertising including newspaper, print, radio, television and billboard advertisements and analyzes common ethical issues related to each.

Print Advertising

Print advertising is often associated with ads in newspapers, magazines and flyers. It can also include the use of billboards or other publicly placed signs. While mediums such as newspapers, magazines and flyers have showed signs of decline in recent years, some may still find these options useful, depending on who they are trying to target.¹

Print ads that resort to humour or shock to stand out and attract potential clients may send the wrong message and be outside the ambit of the code of conduct. Tag lines like “we won’t let you settle cheap”, “an honest attorney but not enough to hurt your case”, “want to smoke pot on probation?”, or “successful greedy attorneys” use misleading implications or unguaranteeable results to attract clients. In addition to language, lawyers should take care not to rely on images that may convey equally misleading or unprofessional messages.

Although an advertisement may not blatantly contravene the marketing and advertising rules, a lawyer’s conduct is still subject to Rule 2.1-1 of the Model Code and should uphold public confidence in the administration of justice and the legal profession as a whole. Lawyers should take care not to use language or images that cross the line between being funny, creative or shocking and being professional.

Video and Radio Advertising

Advertising through local radio or television stations can effectively boost brand awareness in a targeted geographical market. As with print advertising, lawyers must be careful to avoid resorting to tactics that are unprofessional or may bring the profession or administration of justice into disrepute.

Advertisements that make or infer promises about results unjustifiably raise expectations and are false or misleading. Lawyers are also cautioned about using video content in ads that mocks or demeans other persons, groups, organizations or institutions or comes across as unprofessional through inappropriate humour.

Failing to be professional may not be in direct contravention of the rules in a code of conduct, but it may denigrate public opinion of the profession.

Summary

With the uptake in legal marketing, it has become more difficult for lawyers and law firms to stand out. Lawyers who use traditional advertisements must be take care that their efforts to be more creative and stand out do not resort to absurdity to procure attention. Ads that are too provocative or sensational may diminish the reputation of the profession as a whole or mock the administration of justice.