Rule 39 Rules of Professional Conduct for Legal Practitioners

Rule 39 of the Rules of Professional Conduct for Legal Practitioners (RPC) 2023 is about Advertising and soliciting. It is under Part V (Improper Attraction of Business) of Chapter 1 (Conduct) of the Rules. It provides as follows:

(1) Subject to paragraphs (2) and (3) of this rule, a lawyer may engage in any advertising or promotion in connection with his practice of the law, provided it —
(a) is fair and proper in all the circumstances ; and
(b) complies with the provisions of these Rules.

(2) A lawyer shall not engage or be involved in any advertising or promotion of his practice of the law which —
(a) is inaccurate or likely to mislead ;
(b) is likely to diminish public confidence in the legal profession, or the Administration of Justice, or otherwise bring the legal profession into disrepute ;
(c) makes comparison with or criticizes other lawyers or other professions or professionals ;
(d) includes statement about the quality of the lawyer’s work, the size or
success of his practise or his success rate ; or
(e) is so frequent or obstructive as to cause annoyance to those to whom it
is directed.

(3) Notwithstanding the provisions of paragraph (1) of this rule, a lawyer shall not solicit professional employment either directly or indirectly by—
(a) circulars, handbills, advertisement, through touts or by personal communication or interview ;
(b) furnishing, permitting or inspiring newspaper, radio or television
comments in relation to his practice of the law ;

(c) procuring his photograph to be published in connection with matters in which he has been or is engaged, or concerning the manner of their conduct, the magnitude or the interest involved or the importance of the lawyer’s position ;

(d) permitting or inspiring sound recording in relation to his practice of law ; or
(e) such similar self-aggrandisement.

(4) Nothing in this rule shall preclude a lawyer from publishing in a reputable Law List or Law Directory, a brief biographical or informative data of himself, including all or any of the following matters —
(a) his name or names of his professional association :
(b) his address, telephone number, telex number e-mail address ete ;

(c) the schools, colleges or other institutions attended with dates of graduation, degrees and other educational or academic qualifications or distinctions ;
(d) date and place of birth and admission to practice law ;
(e) any public or quasi-public office, post of honour, legal authority, etc;
(f) any legal teaching position;

(g) any National Honours ;
(h) membership and office in the Bar Association and duties ; and
(i) any position held in legal scientific societies.