find the latest legal job
Senior Associate - Litigation & Dispute Resolution
Category: Litigation and Dispute Resolution | Location: Melbourne CBD & Inner Suburbs Melbourne VIC
· Come work for a firm ranked in Lawyers Weekly Top 25 Attraction Firms
View details
Associate - Workplace Relations & Safety
Category: Industrial Relations and Employment Law | Location: Brisbane CBD & Inner Suburbs Brisbane QLD
· Employer of choice · Strong team culture
View details
Freelance Lawyers
Category: Banking and Finance Law | Location: All Perth WA
· Freelance opportunities through Vario from Pinsent Masons
View details
Freelance Lawyers
Category: Other | Location: All Adelaide SA
· • Qualified lawyer with a strong academic background
View details
Freelance Lawyers
Category: Other | Location: All Melbourne VIC
· • Qualified lawyer with a strong academic background
View details
Lawyers hit back at advertising ban

Lawyers hit back at advertising ban

The Australian Lawyers Alliance (ALA) has slammed the suggestion of NSW Attorney-General John Hatzistergos that other states should follow the NSW and Queensland lead on banning personal-injury…

The Australian Lawyers Alliance (ALA) has slammed the suggestion of NSW Attorney-General John Hatzistergos that other states should follow the NSW and Queensland lead on banning personal-injury lawyers advertising their services.

The ban on such advertising began in NSW and Queensland in 2005 and covers compensation lawyers working in "no win, no fee" arrangements. Earlier this week, the Sydney Morning Herald reported that Hatzistergos would encourage other states and territories to follow the NSW and Queensland lead at the meeting of the state attorney-generals later this week.

But according to NSW ALA president Jnana Gumbert, it would be a mistake for other states to follow the NSW and Queensland ban.

"Rather than punishing the so called 'ambulance-chasing lawyers', the ban on advertising punishes the injured, as it prevents them from learning about their rights to recover compensation," Gumbert said in a statement to Lawyers Weekly. "The ban should be repealed."

Bruce Simmonds, a Queensland-based personal injury lawyer and partner of Parker Simmonds Solicitors, recently argued in Lawyers Weekly that Queensland lawyers are at an unfair disadvantage because they are restricted by advertising bans, while similar law firms in other states are not.

Simmonds wrote that even though Queensland's personal injury advertising restrictions extend to internet websites, they still do not cover interstate firms. He says that as a consequence, "law firms in Victoria which operate aggressively in Queensland, can tout for 'no win, no fee' business via their websites".

Gumbert stated that having advertising bans on personal injury lawyers at all was "inconsistent" and "irrational" - noting that no such ban applied to other areas of law such as family, wills and criminal law.

She added that with Legal Aid operating on an underfunded basis, some accident victims could afford legal assistance only if lawyers were prepared to represent them on a 'no win, no fee' basis. "Rather than demonising personal injury lawyers, it would be a pleasant change if the Attorney-General occasionally extended some thanks to the personal injury lawyers," added Gumbert. "They provide a valuable community service that the Government no longer supplies."

Like this story? Read more:

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

Lawyers hit back at advertising ban
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
Jetski
Oct 23 2017
How to fail well
The legal profession is due for an attitude adjustment when it comes to perceived failures, accordin...
Consultation
Oct 23 2017
Lawyers slam rushed consultation for SA repeat offenders bill
The Law Society of South Australia has expressed concern for a proposal to roll out new laws amendin...
IBA
Oct 23 2017
The pursuit of happiness in the law
A panel of legal experts have explored how to define success in the legal profession, and how lawyer...
APPOINTMENTS
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
opinion
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
Help
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...