What could be thought of as encouraging or inducing a person?
Advertising is, inherently, an encouragement to use an advertised service. Accordingly, when determining whether a particular advertisement breaches the Regulation, something more than merely attracting clients is required. When assessing whether the advertisement may reasonably be thought to be intended, or is likely to encourage or induce a person, consideration should be given to the following questions: • Does the advertisement entice a person to approach a legal practitioner or make a claim by touting to take care of their matter at no cost? For example “no win, no fee” or “all costs of litigation met by us – you only pay if successful”. If the answer is yes, then the advertisement could be said to be encouraging people to make a claim. Comments such as “come and see us”, or “no obligation free appointment” of their own do not appear contrary to the spirit of the Regulation; • Does the advertisement create false expectations in the minds of people such that it baits a person who w
