Introduction
Legal advertising in New Zealand represents a complex interaction of ethical standards, regulatory frameworks, and evolving demands of the marketplace. The legal professions are confronted by the need to maintain the integrity of the professions while responding to modern opportunities for marketing. This necessarily gives rise to questions such as where advertising by lawyers is permissible.
Legal advertising is allowed in New Zealand, but it is strictly governed due to profession’s integrity and protection of the public interest. Advertisement of legal services falls under the Rules of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) 2008 (LCCCR), and also under the Fair Trading Act 1986. This only ensures that their advertisements are not misleading and are within the professional expectations of the legal profession.
Legal Advertising Rules in New Zealand
New Zealand has its statutes on legal advertising under Rule 11 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008. There is a right to advertise legal services but the advertisement should be truthful, fair and not misleading. The base rules included are:
- Truthfulness: The advertisements should depict the services to be offered without exaggeration or falsehood.
- Client Confidentiality: Solicitors cannot disclose information about previous cases or clients without explicit permission.
- Claims of expertise: The attorney must prove any claims of expertise and the attorney must have expert knowledge to support such claims.
The Fair Trading Act 1986 is fundamental in ensuring that all advertisements for legal services are not misleading or false in order not to mislead, confuse the consumer.
Print Advertising or Television Commercial
In New Zealand, solicitation by an attorney to the general public through newspaper, radio, or tele-television is permitted only if it satisfies very high standards set by the bar to ensure that the general public will not be misled. Lawyers must not make any representations which might cause the solicited party to have improperly high expectations of what the lawyer can do.
Advertising by direct solicitation in print or other media: Information given must be accurate and reasonably reliable. Under the Rules, as in Singapore and Australia, direct solicitation is prohibited. But general information about legal services is permitted, so long as it is conveyed accurately and does not overstate a lawyer’s success record or proficiency.
Misleading comparisons by an attorney with other lawyers or practitioners are prohibited under Rule 11.1 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008. There must be an aim in print and television advertisements for the provision of open and honest information regarding the qualifications and services of an attorney.
Television Advertisements
Television advertisements are permitted in New Zealand, but only if they meet very rigorous ethical standards. In print and media advertisement law, television advertisements cannot contain any material that may mislead the viewer. LCCCR Rule 11.2 stipulates that lawful advertisement shall not be “false, misleading, deceptive, or likely to mislead or deceive.”
A television advertisement may be construed to be unsuitable if:
- Exaggerates expertise or results: For instance, saying one is the number one expert when actually one only has minimal experience.
- Fails to disclose limitations: For instance, advertising being a law firm dealing with all kinds of legal work whereas do only specialise in some areas.
- Includes unverifiable information: Comprises unsubstantiated claims such as success rate and not verifiable.
Advertisements that might be construed as comparing the cost of, or associating an inference of superiority to quality value of one law firm over another cannot be made since such would easily be violations of rules of professional conduct.
Complimentary Advertising in Newspaper
The New Zealand Law will permit the acceptance of free advertisement only if ethical standards are met, as defined in Rule 11 of the LCCCR. Lawyers can advertise their services on print media as long as these advertisements do not mislead the public or contain confidential information about former clients.
Complementary ads must meet the truth and fairness requirements set out by the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 and the Fair Trading Act 1986. All statements in those ads must be substantiated, and comparative advertising to other legal practices or services is not permitted to be done.
Filming on the location of a law firm office
It is permissible to film in an office of a legal firm for advertising or promotion purposes, provided certain ethical demands are respected. Rule 6 of the LCCCR requires that anonymity be maintained, and filming must ensure that no personal client information is inadvertently disclosed by the recording.
While filming in a legal office, attorneys have to determine whether:
- Client confidentiality is maintained: Confidential files and documents must not be visible, and no confidential information should be shared with the film crew or the public.
- Ethical standards are upheld: The filming should not give the impression of “touting” or making unfair comparisons with other law firms.
- Professionalism is preserved: Any promotional material created must reflect the dignity of the legal profession and adhere to the strict regulations outlined in the LCCCR.
Conclusion and Recommendations
In summary, attorneys in New Zealand are permitted to promote their services, provided they adhere to stringent ethical standards aimed at preserving public trust and confidence in the legal profession. Legal advertisements must be honest, precise, and uphold client confidentiality and professional integrity. Legal professionals must ensure their advertising complies with the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 and the Fair Trading Act 1986, regardless of the medium—press, television, or online platforms.
Bibliography
- Richard Scragg, “Professional Responsibility in the Legal Profession: Advertising by Lawyers”, 24 Auckland U. L. Rev. 171 (2018).
- Ursula Cheer, “Lawyers and Advertising: The Regulatory Framework in New Zealand”, 10 Canterbury L. Rev. 25 (2004).
- Julika Wahlmann-Smith & Erich Bachmann, “Advertising & Marketing 2023: New Zealand” (Oct. 17, 2023), https://practiceguides.chambers.com/practice-guides/advertising-marketing-2023/new-zealand.
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