Interim guidance on current rule 7.03

Issued by the Rules and Ethics Committee

17 October 2008
Rule 7 (Publicity)

Rule 7.03(1) of the Solicitors' Code of Conduct says:

"You must not publicise your practice by making unsolicited visits or telephone calls to a member of the public."

This is intended to protect the public from the intrusiveness and pressure of unsolicited telephone calls and approaches in person.

The SRA has recently become aware that there has been some misunderstanding as to the meaning of the term "unsolicited visits". The purpose of this guidance is to put the matter beyond doubt.

Practitioners should be aware that the term "visits" will be interpreted by the SRA in its widest sense to include any unsolicited approach in person to a member of the public—for example

• knocking on doors,
• approaching people newly arrived at ports of entry,
• approaching someone in the street,
• in a hospital or at the scene of an accident; or
• handing out leaflets.

The rule also prohibits approaching a member of the public (either in person, e.g. in the street or by telephone) to conduct a survey which involves the collection of contact details of potential clients, or otherwise promotes a solicitor's practice. Conduct of this kind is likely to undermine the confidence of the public in the profession and may therefore also breach rule 1.

This guidance was issued by the SRA's Rules and Ethics Committee on 17 October 2008. Although the guidance is not mandatory, solicitors who do not follow it may be required to demonstrate how they have nevertheless complied with the rules.

The SRA Board decided that rule 7.03 and associated guidance will be amended, subject to the concurrence of the Master of the Rolls.

Call us today on 0845 330 3200 to discuss this article...