Q. The Solicitors' Publicity Code 2001 provides that solicitors should not make unsolicited visits or telephone calls to members of the public. Does this preclude solicitors from sending e-mails or text messages to potential clients?

A. The Law Society does not regard unsolicited e-mails as a breach of the publicity code. These are sometimes referred to as 'pop-ups' and are a marketing device used by many businesses. They are not of the same intrusive nature as a telephone call or a visit, which requires a greater response from the person contacted. For the same reason, the Law Society does not take exception to a general text message which, like an e-mail, can be ignored or deleted. But solicitors should consider whether advertising in this fashion best portrays the professional nature of their business, and whether the 'nuisance' aspect of this marketing serves their commercial purposes. An unsolicited voicemail is a form of unsolicited telephone call, and is therefore prohibited by the code.





Q. Following the Financial Service Authority taking over regulation of insurance contracts, I am uncertain as to the circumstances in which I can recommend clients to independent financial advisers and whether I am entitled to commission. What is the position?


A. This is a complex topic. The Law Society's professional ethics department has produced tailored guidance for the profession that can be accessed on the Society's Web site by navigating to the guidance and using the site link on the home page to the financial services material.


Question of ethics is compiled by the Law Society's professional ethics guidance team. Send questions for publication to Austin O'Malley, the Law Society, Ipsley Court, Berrington Close, Redditch B98 0TD; DX 19114 Redditch