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Attorneys Act, 1979 (Act No. 53 of 1979)

Rules for the Attorneys' Profession

Part VI : Conduct

Approaches and publicity

 

41. For purposes of these rules:
41.1 "publicity" shall include any direct or indirect reference to a member, published or disseminated by any written, pictorial or aural means, in any medium (including electronic and social media), irrespective of whether such publicity or reference:
41.1.1 is made in connection with any sponsorship, patronage, welfare activity, other similar benevolent purpose or support in any cause; or
41.1.2 is made, or is paid for, at the instance, or with the knowledge or consent, of the member; or
41.1.3 appears, or is contained, in any editorial, advertorial or advertisement and "publicise" has a corresponding meaning.
41.2 Members shall ensure that all written and oral approaches (including letterheads) to clients, or potential clients, and all publicity, including the offering of services by publicity, made or published by or on behalf of a member:
41.2.1 are made in a manner which does not bring the attorneys' profession into disrepute;
41.2.2 are not offensive, inappropriate or made for the purpose of procuring work in respect of which another attorney has already received instructions;
41.2.3 do not misrepresent the nature of the service offered;
41.2.4 accord in every respect with the requirements of this rule;
41.2.5 do not misrepresent, disparage, compare, criticise the quality of or claim to be superior to, the service provided by any other member, whether or not such other member is identified therein;
41.2.6 do not refer to a client by name in any publicity or advertisement published by or on behalf of a member unless:
41.2.6.1 the prior written consent of the client had been obtained; or
41.2.6.2 the advertisement relates solely to the sale or letting of a client's property.
41.3 Members' responsibilities set out in rule 41.2 cannot be delegated. Where a member becomes aware of publicity referring to him or her which is in conflict with or infringes this rule, he or she shall immediately take appropriate steps to have the publicity rectified or withdrawn and shall publish the rectification in the same medium or media as that in which the conflicting or infringing publicity appeared.