My recent research has revealed some shortcomings in the current procedures for controlling advertising by legal firms.

The re search also shows that firms are aware of the increasing use of advertising and that there is some demand for advertising guidelines and the introduction of clearer regulatory provisions.The survey of 184 law firms was carried out in November 1995.

The questionnaire was designed to probe attitudes and reflect changing opinions on the central issues of advertising, promotion and ethics which are affecting the solicitors' profession.

The anonymous questionnaire was sent to 184 legal practices throughout England and Wales, which were selected to represent seven regional areas and two firm categories, one of over ten solicitors and one of ten or fewer solicitors.

The response rate was 45%.The research revealed that solicitors do think advertising is an acceptable form of promoting their practices and 92% consider that it should not be limited to a simple statement of the firm's name, address and telephone number.

Seminars and presentations are the most frequently adopted forms of advertising, used by 91% of firms with 96% considering introducing them (see p.27).

Another favoured form of advertising is through firm newsletters and legal information sheets, which are used by 85% of respondents with 94% indicating their intention to do so in the future.One large north-east firm said that the main thrust of its marketing is a combination of seminars, newsletters and legal bulletins to inform clients and prospective clients of topical legal issues or changes in the law.

Their recipients say they have no objection to this form of advertising, because it is regarded as containing information which is clear, concise and useful.

The second most frequently used form of marketing is through sponsorship of cultural, sporting or other events.

Some 90% of the respondent firms already undertake some form of sponsorship and 96% are considering doing so in the future.Given that the Internet is a relatively new advertising medium the 21.52% of respondents using e-mail or the Internet is high.

In addition, 66% indicated that they were likely to use the Internet for advertising.

The thinking is that it is relatively inexpensive, will provide access to worldwide information sources and reflects a progressive image to clients.Although a large proportion of respondent firms advertise in local newspapers (82%) and professional journals (68%), a sizeable minority (39%) advertise in national newspapers.

However, the high cost of space in the nationals usually makes this form of advertising prohibitive for all but the largest firms.

Three-quarters of respondents agreed in principle to advertising on television.

Only 21% had used the medium but 41% would contemplate doing so.The majority of respondents felt that advertising was beneficial and had increased demand for their firms' services.

Whilst over half (61%) of them considered that information on legal services assisted potential clients in choosing a solicitor, a similar percentage (58%) felt that advertising might create unjustified expectations in their clients.Clear and acceptable marketing guidelines to safeguard these unjustified expectations and against undue pressure on potential clients were considered necessary by over two-thirds (67%) of firms.

Two large firms, one from London and the other from the north-east, said that private clients are likely to need more protection than large national or multi-national companies.The American Bar Association (ABA) model rules of professional conduct require members to keep a copy or recording of their advertisements for two years after its last di ssemination and a record of when and where it was used.

Just over three-fifths (62%) of respondents agreed that an obligation in England and Wales to maintain such records would be a useful safeguard.

A south-west firm said solicitors could be required to lodge a copy of any advertising material with their local law society before its dissemination.

However, this might prove to be burdensome and expensive, especially if the local law society had to review, approve and monitor such advertisements.

In the US state of Texas, all lawyers are required to file copies of advertising material with the state Bar association committee either before or at the same time as the advertisement is disseminated.

However, there is no obligation to obtain advanced clearance of any advertisement.Three-quarters of firms said that they used direct mail and 87% said they would consider using it in the future.

With this in mind the majority of respondents (66%) were against introducing a requirement in England and Wales that all written communications from solicitors to prospective clients encouraging them to use solicitors' services should include the words 'advertising material' on the outside envelope.The Solicitors Publicity Code says: 'no publicity may make direct comparison or criticism in relation to the charges or quality of service of any other identifiable solicitor'.However, even if comparisons could be factually sustained, over half (51%) the respondents thought that comparative advertising should not be permitted.One large London firm thought that solicitors should not be allowed to compare the quality of their services or charges to those of other firms because of the problems of fairness and the fact that critical comparisons would be seen to be negative and reflect badly on the advertising firm.Nearly half (49%) of the firms responding said they would prefer the Advertising Standards Authority, rather than the Solicitors Complaints Bureau, to be responsible for resolving advertising complaints against solicitors.

They thought that the Advertising Standards Authority would take the matters of policing and enforcement of advertising restrictions and guidelines more seriously.