Why Personal Injury Solicitors in Dublin & Ireland can’t advertise no win no fee

Solicitors have been permitted to advertise their services since 1996, subject to certain restrictions. There is a prohibition on advertisements which:

• Are likely to bring the profession into disrepute or are in bad taste
• Reflect unfavorably on other solicitors
• Assert that a solicitor has specialist knowledge superior to other solicitors
• Are false or misleading
• Are contrary to public policy
• Are in an ‘inappropriate location’

The general right of solicitors to advertise is severely curtailed when it comes to advertising for personal injuries claims. The solicitors (advertising) regulations, 2002 (S.I. No. 518 of 2002) introduced a ban on advertisements which refer to claims or possible claims for damages for personal injuries, the outcome of such claims or the provision of services by solicitors in conjunction with such claims. The regulations prohibit advertisements which “solicit, encourage or offer any inducement” to make such claims. The regulations specify that the advertisement may include, amongst other things, “factual information on the legal services and areas of law to which the services relate”. The regulations specify that the words “personal injuries” may be included in such factual information in a “list of services”.

The regulations forbid the inclusion of any words or phrases which suggest that the legal services relating to a compensation claim will be provided on a no win no fee basis on the basis that such prohibition is in line with the statutory ban on advertisements which encourage or induce claims for damages for personal injuries. It should be noted that there is no prohibition on solicitors in Dublin or Ireland undertaking work on a no win no fee basis, and solicitors are perfectly entitled to offer their services on a no win no fee basis, and indeed many solicitors’ firms operate on a no foal, no fee basis. The restriction on solicitors is merely on the content of their advertisements. Solicitors therefore must operate in the peculiar position whereby whilst they may offer their services on a no win no fee basis, they are not allowed to let the public know that they do so, unless and until they receive a specific inquiry from a perspective client.

We at DJ Synnott Solicitors Dublin are therefore prohibited from letting you know in this article whether or not we operate on a no win no fee basis. You may telephone us on 1850 204060 to find out if we do.