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Jamaican Legal Advertising Rules

This document summarizes the rules around advertising for attorneys in Jamaica as laid out in the Legal Profession (Canons of Professional Ethics) (Amendment) Rules, 1998. It outlines that advertising is allowed in a limited, regulated way and must not be false, misleading, deceptive, vulgar, or claim superiority over other attorneys. Advertisements must be kept on record for 12 months and provided to the General Legal Council (GLC) upon request. The GLC has powers to order changes to or discontinuation of advertisements. Personal injury or fatal accident claims can only include basic contact information. Attorneys are allowed public appearances if done in a restrained manner with client consent. Limited advertising is permitted as long as not false

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112 views1 page

Jamaican Legal Advertising Rules

This document summarizes the rules around advertising for attorneys in Jamaica as laid out in the Legal Profession (Canons of Professional Ethics) (Amendment) Rules, 1998. It outlines that advertising is allowed in a limited, regulated way and must not be false, misleading, deceptive, vulgar, or claim superiority over other attorneys. Advertisements must be kept on record for 12 months and provided to the General Legal Council (GLC) upon request. The GLC has powers to order changes to or discontinuation of advertisements. Personal injury or fatal accident claims can only include basic contact information. Attorneys are allowed public appearances if done in a restrained manner with client consent. Limited advertising is permitted as long as not false

Uploaded by

Anonymous Azxx3Kp9
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Advertising

means - to present or
describe a product,
service or even
in a publication or on
TV in order to increase
sales.
RULE

Unauthorized,
Improper or
Unprofessional Practice
Except as allowed by this Canon,
an attorney shall not,
directly or indirectly, apply to
a person who is not
then or who 'has not been
his client for instructions
for professional business.

2 (e)*
Re A Solictor [1945]
[held - the client may seek
the attorney but the attorney
may not seek the client]
Attorney shall not permit his
professional standing to be
used for the purpose of
advertising any particular
service or commercial organisation.

2 (l)*

Record Keeping
Shall keep a record
of advertisement
at principal place of business
for 12 months from last date
of use - to be produced
to GLC within 7 days
if requested and record
must state name of at
least one attorney responsible
for its content
2 (f)*

GLC Powers
Where Canon
contravened

write ordering
alteration, withdrawal,
removal, or discontinuance
of an advertisement
write ordering
the alteration or
discontinuance of a
business card
2 (h)*

Order him to cease


or limit talks, lectures,
public appearances,
transmissions or
publications in which he
participates, absolutely
or upon conditions
2 (i)*

An attorney shall forthwith


comply with any
order given by the
Council pursuant to
clauses (h) and (i) hereof.

In JAMAICA
permitted limited
advertising within
the parameters of
the amended Canons
Unprofessional advertisements
- Soliciting business by circulars
-Seeking retainers through agents
(i.e touts)
Rules are laid down in the Legal
Profession Canons

Legal Profession (Canons


of Professional Ethics)
(Amendment) Rules, 1998

Advertising
Advertising

Broad Areas of
The Canon relating to
Advertising
Unauthorized Improper
or Unprofessional Practice
Limited Advertising
in a regulated way
Record of Advertising to be kept
Activities which are
allowed by Attorney
Power of the GLC to make
orders
Special rules for advertising
Personal Injury Claims
or fatal accident claims
Clauses 2(d)* -2(l)*
Legal Profession
(Canons of
Professional Ethics)
(Amendment) Rules, 1998

General Legal Council


v The Fair Trading
Competition
(1995) 32 JLR
398
[held that the GLC may
regulate advertisements
of lawyers and
it does not come
the Fair Trading
Competition Act
as a restriction
of fair competition]

2 (j)*

Personal Injury
of Fatal Accidents
Advertising allowed
but of limited nature
"limited advertising" whether printed or
electronic - there is nothing
more than the name of the
attorney and /or his firm
advertising the address,
telephone and fax
and the fact that the attorney
will accept personal
injury and fatal accidents
claims
they will instruct
must obtain written
approval from the
advertising commitee
of the GLC on
the form and content
of the advertisement
2 (k)*

Limited Advertising Allowed


Provided not
false in any material particular
misleading or
deceptive or likely to mislead
or deceive or create
an unjustified expectation
vulgar, sensational or of such
frequency ...likely to adversely
affect the reputation of any attorney
or the legal profession
claim or imply superiority
over other attorney
contain testimonials or
endorsements
make reference to
the fact ...attorney held
judicial appointment
name a non attorney
member of staff,
if named and not partner
- must indicate status associate, assistant,
consultant
contain claim or words
implying specialist, expert,
leader in any field...
unless obtained certificate
of accrediation in accordance
with accreditation scheme
approved by the GLC. May state
field or practice in which he will
accept or not accept instructions
2 (d)*

Activities allowed by
Attorney
Lecture, talk, public
appearances
Radio, TV or other
transmission
Written or printed
publication
Must be identified by
name and appointments
, firm, and academic
qualification, may be called
Specialist/Accredited
Specialist/Accredited
Attorney
Provided That

- give account in
restraint manner
consistent with
maintaining the
reputation and
dignity of the legal
profession and
without giving undue
publicity to his role
He has express consent
of client and not
contrary to client's interests
Shall not claim or imply
that he is a specialist,
expert, leader or
experienced unless

done in the context of


a lecture on a legal
or related topic to law
students and attorneys
he is accredited by
accrediation scheme
approved by the GLC
2 (g)*

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