Law Council Opposes Blanket Ban On Personal Injury Advertising

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12th November 2009, 12:42pm - Views: 1164

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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


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


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.

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