Why Lawyers in QLD Cannot Advertise Personal Injury Claims
Did you know that lawyers and law firms in Queensland cannot advertise their services relating to making a personal injury claim?
Despite the legislative restrictions, many lawyers and law firms ignore the limitations and advertise their personal injury services anyway.
Not us though. While we do provide personal injury services, we understand our legislative and ethical obligations to refrain from advertising personal injury claims.
In this article, we will explore why personal injury lawyers cannot advertise their claims services, how these restrictions aim to protect both clients and the integrity of the legal profession, and what clients can do if they need help with a personal injury claim.
Understanding Queensland’s Legal Restrictions
Understandably, people face challenges when they are injured and need to seek legal assistance. Personal injury claims can involve serious injuries that have significant impacts on people’s lives, and it is only natural to want clear, accessible information about the process of making a claim.
However, one key element of personal injury law in Queensland is that legal practitioners are restricted from advertising their personal injury services directly to the public. These restrictions are governed by legislative provisions set out in the Personal Injury Proceedings Act 2002 (Qld) (PIPA) and further explained in the associated guidelines issued by the Legal Services Commission (LSC).
While this might seem like a barrier for people seeking legal help, the restrictions are in place to protect the public and ensure that legal processes are conducted respectfully and ethically.
We are seeing an increase in complaints and investigations by the Legal Services Commission (LSC) about lawyers and law firms advertising personal injury claims, which puts these people and their businesses at risk of disciplinary action.
As we also act for lawyers and law firms facing LSC investigations and pride ourselves on adhering to our legislative and ethical obligations, we do not advertise services that relate to personal injury claims.
1. The Legal Framework: PIPA and Ethical Considerations
The Personal Injury Proceedings Act 2002 (Qld) (‘PIPA’) sets out the processes and requirements that must be followed for personal injury claims in Queensland. It aims to ensure that claims are handled appropriately and fairly, preventing frivolous or unsubstantiated claims from taking up the legal system’s time and resources.
Section 66 of PIPA specifically restricts lawyers from advertising their services to potential clients in a way that could be seen as misleading, coercive, or unduly persuasive. The purpose of these restrictions is to maintain the integrity of the legal profession and ensure that people who need legal assistance make informed decisions based on their circumstances, not on aggressive marketing tactics.
The Legal Services Commission (LSC) also has its own regulatory guidelines that govern how personal injury lawyers can engage with clients. These guidelines provide further clarity on the PIPA advertising restrictions. The LSC emphasises the importance of ethical considerations by preventing lawyers from using advertising to exploit vulnerable individuals who may be facing challenging situations after an accident or injury.
2. Why Do These Restrictions Exist?
The restrictions on advertising personal injury claims are not intended to make it harder for people to access legal help. Although we appreciate the advertising restrictions may have that knock-on effect.
Instead, the restrictions are aimed to serve several important purposes that ultimately protect the rights of individuals and uphold the standard of legal services in Queensland.
a) Preventing Exploitation of Vulnerable Clients
In the aftermath of a serious injury or accident, individuals may be vulnerable due to physical, emotional, or financial distress. Unethical advertising by personal injury lawyers could take advantage of this vulnerability, leading injured individuals to make hasty decisions about pursuing claims. The regulations ensure that individuals are not coerced or unduly influenced by aggressive marketing tactics that could lead to unwise decisions. Prior to these advertising restrictions, there were instances of conduct by lawyers often termed as ‘ambulance chasing’, which included inappropriate arrangements with health care professionals and other referrers, visiting seriously injured people in their hospital beds, and advertising outside hospitals. Now, those aggressive marketing tactics are banned.
b) Ensuring Ethical Legal Practices
The legal profession is governed by strict ethical guidelines that are designed to uphold the reputation of the law and the legal profession and protect the interests of clients. Personal injury claims can be complex, involving multiple parties and significant financial implications. Lawyers are expected to provide sound legal advice that is in the best interests of their clients rather than their own. The prohibition on advertising helps to ensure that legal practitioners act with integrity and professionalism, rather than focusing on attracting a large volume of clients as possible via aggressive advertising informed by a business model focusing on profit before client service and reasonable fees.
c) Promoting Informed Decision-Making
In many personal injury cases, clients may not fully understand the complexities involved in making a claim or the potential outcomes. By restricting advertising, the law encourages potential clients to seek advice in a more measured, thoughtful way—such as through a personal referral, word-of-mouth recommendation, or initial consultations, rather than through advertisements that may over-simplify the process or obscure the complexities.
3. What Can Potential Clients Do If They Need Legal Help?
While personal injury lawyers in Queensland are restricted from advertising their services, there are still plenty of avenues for individuals seeking help with a personal injury claim.
a) Referrals and Recommendations
One of the most common ways people find legal assistance for personal injury matters is through referrals from trusted sources. This can include family members, friends, colleagues, or even healthcare providers who may have worked with legal professionals in the past. Referrals are a strong basis for choosing a lawyer because they often come from those who have had positive personal experiences.
b) Online Research
While personal injury lawyers cannot advertise their services to encourage or induce a person to make a personal injury claim, many law firms maintain informative websites that provide general information about the:
- operation of the law of negligence and a person’s rights in respect of that law (including the personal injury claims process); and
- conditions under which the law firm is willing to provide personal injury claims services.
These two factors are allowed to be published in accordance with section 66(2)(b) of PIPA, as an exception to the personal injury claims advertising restrictions.
You will see our website offers valuable insights and educational content related to personal injury law, as limited by the PIPA advertising restrictions.
It is important to note, however, that these websites (including our own) cannot contain overt or targeted advertising tactics, such as claims to guarantee successful outcomes, or promises of substantial financial rewards, or even client feedback and testimonials about a personal injury lawyer’s expertise or performance.
c) Consultations and Free Initial Advice
Many law firms in Queensland offer initial consultations where clients can telephone, video conference or meet with a lawyer to discuss their case. During this consultation, you can ask questions, learn more about your rights, and understand the potential steps involved in making a personal injury claim. Some lawyers even offer free initial consultations or operate on a no win, no fee basis, which means you don’t have to pay unless your claim is successful.
Making direct contact with a lawyer, to discuss whether they offer personal injury services is the best way to understand your rights and prospects of making a claim. It will also help you properly understand the way in which the law firm charges for providing personal injury services so that you are not blindsided and can ensure you are getting fair, cost-effective representation.
d) Professional Legal Directories
There are also online directories of legal professionals, enabling potential clients to contact personal injury lawyers in their area. A key directory is maintained by the Queensland Law Society, which is a valuable resource for finding qualified legal professionals who provide personal injury services. The Queensland law Society operates a ‘Find a Solicitor’ online service at: www.youandthelaw.com.au which also contains useful information on Accidents and Compensation.
4. Conclusion
While the restrictions on advertising personal injury claims may initially seem like a hurdle for people who need legal assistance, they serve a crucial role in protecting both clients and the integrity of the legal profession in Queensland. These regulations are designed to prevent exploitation, maintain high ethical standards, and ensure that individuals make informed decisions about their personal injury claims.
If you find yourself in need of legal assistance, there are other ways to find reputable and qualified personal injury lawyers, including referrals, online research (limited to the operation of the law of negligence and the conditions under which the firm is willing to provide personal injury services), and professional directories. By approaching the process thoughtfully and carefully, you can ensure that your rights are protected and that you receive the legal representation you deserve.
Please be wary of lawyers and law firms that advertise personal injury claims, and make promises of successful outcomes, large compensation sums, and offer testimonials about their expertise. While there is a place for advertising and consumer competition, previous behaviours including aggressive advertising campaigns to secure a high volume of personal injury claims that financially benefit the lawyer or law practice, is not in your best interests.
Ultimately, these restrictions on advertising personal injury claims are in place to safeguard your interests as a client, ensuring that any legal services you engage with are ethical, transparent, and focused on providing the best possible advice and support bespoke to you.