Melnichenko Roman Grigorjevich,Kozlov A.M. “Do the attorneys need an advertisement?” / Translator: Vasilchenko A.O.
The attorney’s activity is the activity on granting the legal services. And, as any service, it requires advancement on the market using different methods and, in particular, advertisement. An increasing amount attorneys in Russia, but in the same way significant increase commercial forming in their work has caused for itself active discussion many scientists, and attorneys themselves, questions in accordance with advertisement. The standpoints voiced herewith, occasionally diametrically opposite. The row of the authors espouse the actual prohibition of the advertisement in activity of attorneys, other do not see essential distinguishing attorney activity as object of the advertisement from other market services.
The one unites all authors is searching for degree concession which possible in advertisement such specific product, as legal service of the attorney. Searching for this galley proof today already has partly found its entailment in Code of the professional ethics of the attorney (hereinafter Code of the ethics), accepted first All-Russian convention attorney, in which is found article 17, denoted rules advertisements of the attorney services. Before that what proceed with analysis existing in Russia of the position with advertisement of the attorney services, address to foreign experience. In modern capital of attorneys - USA this question decides ambiguous. The Ethical codes attorney in majority states continue to contain the position about not desirability attorney advertisement. So, for instance, for accommodation of the advertisement on match’s box with instruction of the telephone and inscription “If you need help, you have it” American attorney was subject to disciplinary recovery. The General code of the rules for attorney of the countries European community in the same way does not give the united rates of the behavior of the attorney in accordance with its advertisement themselves or its longing to broad popularity. This question is farmed out national confidant legislation these countries. Some of they go on way full forbid advertisments in attorney activity. For instance, in France advertisement attorney services by prohibited law. The Other countries more patience in this question. The Rules of the attorney ethics the most close us on legal spirit country - Ukraine contains it is enough detailed rules, specifying advertisement in surroundings of attorneys. For instance, is ordered two lists of the information, the first about those, attorney must, and the second - that can, reference in their own advertising announcements and material. Necessary to note that already mentioning cl. 17 Codes of the ethics Russian attorneys is straight line borrowing small part cl. 14 ethical rules of the advertisement Ukrainian attorney. The highest purpose attorney advertisement is a life length Name of attorney or the forms of the attorney formation, in which he consists. The Name of the attorney is base his (its) financial welfare. The Attorney must be well-known their own prospective clients and it is attaining with different methods.
The Loud deals. The Factor of knowing begins to work at appearance of the attorney in Mass media. Even small commentary on concrete question promote spreading make from name of the attorney brandy. In connection with enviable constancy of the sanctification of the loud suits Mass media, the journalists themselves show the interest to attorney, leading this deal. Hereunder, person of the expenses on the part of attorney in this case is not required. The Defect such advertising move in that that Mass media of own accord sanctify only so named loud deals. But that attorney to get loud deal, he must possess loud name. As we see, circle is secluded.
The Free consultations. One more it is enough wide-spread way work on its name in printed Mass media is conduct attorney place in newspaper to free consultations of the people on legal questions. Advisable herewith that consultation was accompanied the photography of the attorney. Without it belief about him is not got full. The Defect of this method - insufficiency in possibility of its use. Under all abundance amount Mass media attorney all more.
Internet. In moving the services attorney in recently begins to increase the role of Internet. But, this way while is it else oriented only on it is enough provided client and young people. Many attorney’s companies have its page in Internet, where possible get information on provided to service, about membership composition of the attorney company, about the address of its location, about price-list for rendered facilities, is practiced also granting on-line consultation, where visitors of the site will assign interesting their legal questions and practically immediately get the answers to them. In recently appeared the sites, containing in itself integer rolls attorney with rating and information on their activity (For example, www.jurgorod.ru)
Many attorneys actively use, except enumerated, and other advertising methods. Unfortunately, not all of these are correct and occasionally inflict the irreparable damage the face of attorney profession. We try to analyze most often meeting breaches in this sphere. We shall Begin with analysis situation, when formal breaches of the attorney ethics no.
So, for example Volgograd possible to analyze the article, published in local newspaper about one attorney. In article “Lisa-prosvetitel’nica” is spoken about young attorney Lisa K. It is Necessary to pay tribute author of the article for picturesque presenting the material. From article becomes comprehensible that K. leads the constant rubric of the newspaper. Questions lawyer and that grateful readers precipitate the editing a letter with request to tell about author one of claimed place of the newspaper. This move editing tries to explain the reasons of the appearance of this article. Hereinafter, the reader will learn of formation, about the first practical activity in lees of the public hopes, about specialization already as taken place attorney in the field of hereditary and housing right, about group of ten of thousands of the grateful readers. It is mentioned also about won moreover absolutely gratis, case in court. It is emphasized and inexhaustible flow client: later people with similar situation to young lawyer became to come more and more. Was not forgotten and the personal attorney agency, where in employees recent university’s graduate has invited their own former teachers completely doctor of the sciences. And all this, certainly, is accompanied the photography to heroines of the article. It is enough powerful advertising article. Us have no doubts in that she reached that auditoriums, for which and was intended as follows identification name of the attorney and as effect this expansion his(its) base of the clients. Has not inflicted this article of the damage image attorney profession this already other question.
To border method of the advertisement of the attorney (on cut breaches of the rates of the attorney ethics) we have referred the participation of the attorney in political activity. The world’s history knows the ensemble an example appearances known politician exactly from attorney ambience: Robespier, Marat, Mirabo, V. I. Uliyanov etc. Many modern Russian attorneys actively concern with the policy. For instance, in CITY COUNCILS of the city Volgograd are five attorneys. However practice shows that move itself to political activity of the attorney can negative is called back on face attorney profession as a whole.
Today good advertising move is considered personal offer candidacies of the attorney on some choice. Even though result in total will be negative, that don't care election campaign this time risk-free identification its name. We shall Cite an instance. The Attorney K. in the course of election company has used the following advertising move. Her representatives produced the pass-by of the apartments of the people with request to sign the suit statement to town power. The Candidate in deputies K. as attorney promised in consequence to address with this statement in court. The People seen unselfish attention to its problem of the candidate-attorney did its choice. Naturally that after choice no action on the part of attorney has not followed. If this advertising move has used other candidate this was acceptable with positions public and political moral. Quite other situation, when its uses the attorney. Hereon event beside its defrauded constituents forms the hostile attitude to all attorney.
The rough breaches of the rates of the attorney ethics pertain to the second group in the course of advertisments of the attorney services.
Above we already spoke of advertisement of the attorney services by means of Internet. However exactly here today exists particularly big amount of the breaches. Here is discovered by us breaches only one pages of the personal site of one Russian attorney. The Attorney has placed on its page following information: Successful conduct me deals, row from which some lawyer were considered "unhopeful". On hand breach p.3.ch.1.st.17 Ethical code according to which: Information on attorney possible if she does not contain the comparisons with the other attorney and critics other attorney. The Following utterance about itself this attorney: extensive communication and possibility in legal sphere and that for time attorney practical persons is organized more than 250 successful processes, groups of ten of the persons, made heavy and specifically felonies, convicted conditionally. All this direct breach p.4. specified become, according to which information on attorney possible if she does not contain the statements, tipoff, ambiguities, which can delude the potential clients or cause groundless hopes beside them. Particularly much breaches of the point 1 article of the Ethical code: Information on attorney possible if she does not contain the merit features of the attorney. Here are only some utterances about itself attorney, which he has placed on its page: you will hear why I work better, praise itself several immodest etc.
To rough breaches of the rates of the attorney ethics necessary to refer practicing some attorney community sending out advertisments about itself in Internet by means of spam (the message of the advertising nature, falling into mailbox of the user without some preliminary permit). Considering that its sent on a million of the addresses in Internet and that desire of the addressee does not ask permission, this possible regardàas the invasion in private life owner e-mail. Particularly unpleasant, when this invasion derives from persons, profession itself which obliges to protect this right to be left at rest. Moreover, Ethical code (st. 9) forbids the attorney to obtrude its help to persons, needing for legal help.
For sequencing advertising action attorney we offer some measures.
To oblige the Advice of the attorney chamber RF to check use the attorney advertisement in network Internet. In the event of finding the breaches, to oblige its direct the statement in qualification commission corresponding to subject RF about consideration of the question of the deprivation of the attorney of his status in connection with breach of the code of the attorney ethics.
In Ethical rules attorney follows to contribute following rates:
1. The Articles in Mass media about attorney or attorney formation carrying advertising nature must be labeled by phrase on rights of the advertisement.
2. In the event of realization by attorney of its passive electoral right (the right to be elected), the last in the course of its electoral company can not cite or demonstrate its attribute to attorney profession.
Seems that these measures will help to prevent the mass breaches of the attorney ethics in sphere of the advertisement of the attorney services.
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