Law Society notices

New publicity codeOn 16 November, the Master of the Rolls concurred in the Solicitors Publicity (Amendment) Rules 2001.

This is the first set of new rules to be made by the Law Society Council on the recommendation of the regulation review working party, following consultation with the profession and other stakeholders.

In keeping with the aims of the council and working party, the new rules are largely deregulatory, but retain essential public protections.

This notice outlines the changes.

What's new?In brief, from 16 November 2001:l The Solicitors Publicity Code 1990 and rule 11 of the Solicitors Practice Rules 1990 (names used by a firm) are repealed, subject to transitional provisions relating to a new stationery requirement (see below).

They are replaced by the Solicitors Publicity Code 2001, which now applies only in England and Wales.l Rules 5 (publicity) and 10 (names used by a firm of solicitors) of the Solicitors Overseas Practice Rules 1990 have been deleted and replaced by a new rule 5 dealing only with overseas publicity and names.

l Minor consequential changes have been made to the Incorporated Practice Rules (subject to the transitional provisions below), the Introduction and Referral Code, and the Investment Business Rules.

What can your firm do now which it could not do before?The new code removes many previous provisions - such as those on success rates, claims to specialisation, comparisons and criticisms, directory headings, flag advertising, etcetera - relying instead on the general prohibition on misleading or inaccurate publicity.

However, two liberalisations stand out:Name of firmThe new code reduces the old rule 11 to its core requirement not to use a misleading name or description, allowing practices greater flexibility in their choice of name.

For example, the previous ban on a name implying a connection with a business other than a legal practice has been removed.

Unsolicited visits and telephone callsSolicitors are now permitted to make unsolicited visits and telephone calls to commercial organisations and public bodies, bringing the code into line with accepted market practice and enabling firms to compete on a more equal footing with non-solicitor businesses.

However, the ban on contacting members of the public remains.Are there any new requirements?The new code introduces a requirement for the statement 'regulated by the Law Society' to appear on the letterhead and fax headings of private practices in England and Wales.

This means that it will no longer be sufficient - as it was under the old rule 11 - for a firm name appearing on letterhead to include or be accompanied by the word 'solicitor(s)'.

But don't panic - under the transitional provisions, firms have until31 December 2002 to comply with this requirement, provided in the meantime letterheads comply in all respects with rule 11 of the Solicitors Practice Rules 1990, the Solicitors Publicity Code 1990, and (where appropriate) rule 27 of the Solicitors Incorporated Practice Rules 2001.

A future issue of the Gazette will carry the new code.

The text of the new rules, including the transitional provisions and the new rule 5 of the Overseas Practice Rules, is available from professional ethics, tel: 0870 606 2577, and will shortly be available on-line at: www.guide-on-line.lawsociety.org.uk