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'No win, no fee' advertising ban is ridiculous

By Bruce Simmonds - posted Friday, 30 December 2005


Although all law firms are permitted to perform “no win, no fee” services, they are forbidden to advertise anything other than the fact that this service is available. “No win, no fee” services too often draw unfair and inaccurate publicity.

How many other professions offer a service without guarantee of payment? An insurer won’t insure your house, car or life unless you pay them first.

The ban on “no win, no fee” advertising has been taken to ridiculous extremes, with law firms which do this work forbidden to even publish a photograph illustrating the service. The official line is that the ban prevents “bad taste” photographs being published. A photo of a person on crutches would be deemed inappropriate. The advertising ban is so restrictive I have to be careful in my remarks, in case it’s interpreted as advertising. The advertising restrictions effectively cover anything which would encourage people to use the service. What other professional group operates under such restrictions?

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Many people who may have been injured due to someone else’s negligence, but can’t afford to pursue a legal compensation case, do not know how to get affordable legal representation.

The law as it stands prevents them from knowing how to exercise their rights. So they are in the dark, which plays right into the hands of a few unscrupulous lawyers. It’s unfair and wrong.

All this is a result of the insurance industry’s scare tactic campaign over public liability insurance. The insurers pretty much got the restrictions they wanted, while the public has yet to see any real reduction in insurance premiums. I expect we are in for a very long wait.

In effect all that has happened is the public’s right to know about its access to legal services has been severely cut back. The law restricting personal injury advertising is too restrictive and needs urgent change.

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About the Author

Bruce Simmonds is a solicitor of the Supreme Court of Queensland and Supreme Court of New South Wales. He is the commercial and litigation partner of Parker Simmonds Solicitors and Lawyers at Broadbeach on Queensland's Gold Coast. He has practiced extensively in commercial law and personal injuries. He also works in all other areas of litigation and mediation.

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