Bar Association’s ban on legal industry advertising lifted
Recent changes to advertising regulations in the legal industry in Poland represent a significant step in bringing the country’s laws in line with European standards. The changes, which came into force with the adoption of a resolution by the Supreme Bar Council (NRA), are aimed at increasing transparency and ethics in the promotion of legal services.
Ban on cooperation with unethical entities
One of the key elements of the amendment is to prohibit attorneys from cooperating with entities that solicit clients in a way that violates the law, the rules of social coexistence or the dignity of the profession. This means that attorneys must be more conscious of their choice of business partners and the ways in which they promote their services. The change is aimed at protecting the reputation of the profession and ensuring that legal services are provided with the utmost care and ethics.
Definition and rules for the use of commercial information
The new regulations clarify the definition of commercial information that can be used by attorneys. Such information must not offend professional ethics or the dignity of the profession. This means that attorneys will be able to use marketing tools, but they must do so responsibly and in accordance with professional ethics. These changes require attorneys to pay more attention to the content and form of their advertising messages.
Lawyer’s responsibility for the content of advertisements
Attorneys are now responsible not only for the content of their advertisements, but also for what is published on their behalf by third parties. This means that any commercial information must be clearly marked as coming from the lawyer and making it clearly identifiable. In the event of an ethical violation, the lawyer must take immediate action to remedy the discrepancy. The recent changes to the regulations governing the Polish Bar are an important step in bringing domestic law in line with European standards. These new regulations, which came into effect immediately after their approval by the Supreme Bar Council (NRA), are aimed at increasing transparency and ethics in the promotion of legal services.
Commercial information and its limitations
Lawyers will be authorized to use commercial information, provided it complies with the new rules. Commercial information may promote the lawyer’s services or image, but may not violate the rules of professional ethics or the dignity of the profession. It is specified in detail that attorneys may not use commercial information that violates the dignity of others, the attorney-client privilege, the principle of loyalty and comradeship, is comparative, unreliable, deceitful, false, intrusive or inappropriate, creates unreasonable expectations about the results of the legal assistance provided, invokes acquaintance or influence, contains evaluative content, misleads or exploits a mistake, abuses trust or takes advantage of credulity, coercion, lack of knowledge or experience of the recipient, appeals to emotions or feelings, contains content or references unbecoming of the legal profession, is placed in an inappropriate or inappropriate place.
Promotion of third-party products or services
The new regulations introduce significant restrictions on the promotion of third-party products or services by attorneys. Under the new rules, attorneys will not be allowed to promote any third-party products or services if such action would violate the ethics or dignity of the profession. This change, introduced during the consultation, modifies an earlier version of the rule and aims to ensure that marketing activities by attorneys remain fully professional and ethical. In practice, this means that attorneys must carefully assess whether working with specific outside entities and promoting their products or services will negatively affect the perception of their independence and professionalism. Particular care should be taken to avoid situations where there could be a conflict of interest or where the promoted services could conflict with the ethical standards of the profession.
Referral of third-party services
Under the new regulations, attorneys can recommend third-party services, but only if it is justified by the client’s needs and serves the client’s interests. It is crucial that attorneys are not driven by personal financial gain when recommending certain services. This means that attorneys must maintain full transparency and independence in their recommendations. In practice, attorneys should carefully analyze whether the recommended services are the best solution for their clients and whether there are other, more appropriate options. Attorneys should also make sure that any recommendations comply with applicable laws and professional ethics. The recommendation of third-party services should always be supported by a sound knowledge of those services and a belief in their quality and suitability for the client. Attorneys should avoid situations in which their recommendation could be perceived as an attempt to obtain personal gain, which could undermine their professionalism and the trust placed in them by their clients.
Responsibility for commercial information
The new regulations introduce significant changes to the responsibility of attorneys for commercial information. According to them, attorneys will be held fully responsible not only for the content they publish themselves, but also for that which is published on their behalf by third parties. This means that every form of marketing communication must be carefully monitored and comply with the highest standards of professional ethics. In practice, this means that attorneys must scrutinize advertising content carefully, making sure that it does not contain elements that may violate the dignity of the profession, the attorney-client privilege or the principles of loyalty and comradeship. Particular attention should be paid to avoiding content that could be considered misleading, abusing trust, or exploiting the credulity of potential clients. If a lawyer is found to be in non-compliance with the ethical rules, he or she is obliged to take immediate action to rectify the non-compliance. This responsibility is crucial to maintaining public confidence in the legal profession and maintaining a high level of professionalism in the industry.
Training for attorneys and trainees
In response to the changes, training sessions are planned for attorneys and trainees to familiarize them with the new regulations and help them implement them. These trainings will focus on educating attorneys on the new requirements for advertising and liability for commercial information. The purpose of these trainings is not only to provide knowledge of the new regulations, but also to make attorneys aware of the importance of maintaining professional ethics in every aspect of their practice, including marketing. The trainings will cover the practical aspects of applying the new regulations, including an analysis of cases that may present potential ethical pitfalls. In addition, the trainings aim to strengthen attorneys’ awareness of the consequences of violating the new regulations, both for their own practice and for the image of the profession as a whole. Through these educational initiatives, the NRA aims to ensure that all attorneys are fully prepared to comply with the new rules and maintain high ethical standards in their professional practice.
Summary
The lifting of the ban on advertising in the legal industry opens up new opportunities for attorneys, but also presents them with new challenges. The key to success will be to skillfully combine effective marketing strategies with adherence to high ethical standards.
