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(b)
Proposal 53: voluntary publication of professionally relevant information
It was argued in the Interim Report (at §§574-575) that it is in the public interest that
consumers of legal services should have information as to the quality and cost of such
services to enable them to make a reasonably informed choice of solicitor or barrister
and to negotiate the fees charged with some idea of what other firms and barristers
might charge for the same work. It was also argued that the court also has an interest
in the availability of fee information to assist judges and masters to make fair and
reasonable costs awards, an objective which it was also considered to be in the legal
profession's interest to promote.
The Interim Report stated :-
"...... where professional rules prevent dissemination of such information, the professional
associations should be persuaded to change them. In default, consideration should be given to
amending the Legal Practitioners Ordinance to allow and regulate publication of relevant
information by the professional associations or in some other appropriate manner. Readers
are consulted as to whether appropriate steps, including, if necessary, legislation, should be
taken to enable lawyers' professional associations to provide to the public reasonable
information as to lawyers' fees, claimed expertise and experience......"
This Proposal is directed at barristers since solicitors are already permitted to publish
relevant information in accordance with the Solicitors' Practice Promotion Code.
Under paragraphs 100-109 of the Bar Code, publication of information about a
barrister's practice, the fees normally charged, his experience or expertise, would be
prohibited as touting or advertising.
The Interim Report was not suggesting that disclosures should be made mandatory.
What was canvassed was the removal of restrictive rules which prevent publication by
those barristers who may wish to publish such information in a seemly and properly
regulated manner.
Notes
At §575.
Promulgated by the Law Society Council with the prior approval of the Chief Justice under rule 2AA
of the Solicitors' Practice Rules, effective 20.3.92.
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