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19 Torrens St Braddon
ACT 1612 || GPO Box 1989
Canberra ACT 2601
Telephone +61 2 6246 3788
Facsimilie +61 2 6248 0639
MR3409
12 November 2009
Law Council Opposes Blanket Ban on
Personal Injury Advertising
The Law Council of Australia announced today that it is opposed to any
blanket ban on advertising by personal injury lawyers.
As the Standing Committee of Attorneys-General (SCAG) asks the
National Legal Profession Reform Taskforce to consider the content and
manner of advertising for personal injury legal services, the Law Council
says that careful regulation of advertising by lawyers is the most
appropriate way to deal with this issue.
Advertising restrictions on personal injury lawyers were imposed in NSW
and Queensland to reduce personal injury claims following the so-called
insurance crisis in 2002.
Law Council President John Corcoran said, “Bans on legitimate
advertising by legal professionals are unnecessary and amount to little
more than an attack on a victim’s right to information.”
“Personal injury lawyers provide a vital service to vulnerable
people.
Legal aid rarely extends to civil claims and injured people often rely on
lawyers to act on a conditional fee basis to gain any compensation.
Banning advertising in these areas makes it more difficult for injured
people to find a lawyer willing to assist them,” he said.
Currently, in all jurisdictions, there are appropriate restrictions on
advertising under legal professional codes of conduct, prohibiting false or
misleading advertising and other forms of unprofessional conduct.
“It is appropriate to regulate advertising to ensure it meets high
professional standards in the legal sector. However, wholesale bans on
advertising by lawyers is an over-reaction and should not occur,”
Mr Corcoran said.
“It is in the best interests of the public that personal injury advertising is
carefully regulated rather than banned, and the
Law Council will be
making a strong and detailed submission to the taskforce
which will set
out clear reasons why this should be the case,” Mr Corcoran concluded.
Media Contact:
Elenore Eriksson, Director Public Affairs
P. 02 6246 3716 || M. 0419 269 855
The Law Council of Australia exists to represent the legal profession
at the national level, to speak on behalf of its constituent bodies on
national issues, and to promote the administration of justice, access
to justice and general improvement of the law.
NEWS 
