100. [Deleted] (Bar Circular Nos. 105/08, 014/09)
101. (1) Subject to sub-paragraph (2), a barrister
may engage in advertising or promotion in connection with his
practice and such advertising or promotion may include:
(a) subject
to paragraphs 105 and 107 hereinafter, photographs or other illustrations
of the barrister;
(b) statements about the nature and extent of
the barrister’s services and experience;
(c) statements about the
barrister’s education, qualifications, affiliations and membership;
(d) statements of rates and methods of charging;
(e) information about the barrister’s involvement
in any case in which the barrister has acted (including the
name of any client for whom the barrister has acted) where
such information has already become publicly available or,
where it has not already become publicly available, with
the express prior written consent of the lay client 1.
(2) Advertising or promotion must not:
(a) be
inaccurate, unverifiable or likely to mislead;
(b) be likely
to diminish public confidence in the legal profession or
the administration of justice or otherwise bring the legal
profession or the administration of justice into disrepute;
(c) make comparisons with or criticisms
of other barristers, solicitors or members of any other
profession;
(d) include statements about the quality
of the barrister’s work, his earnings or success of his
practice or his success rate;
(e) indicate or imply any willingness
to accept a brief or instructions or any intention to restrict
the persons from whom a brief or instructions may be accepted
otherwise than in accordance with this Code;
(f) be offensive
or otherwise inappropriate having regard to the manner,
medium, frequency of approach or surrounding circumstances 2;
(g)
be calculated or likely to exploit
or manipulate the weak or vulnerable state of the recipient
or intended recipient;
(h) take place in or in the immediate
vicinity of a hospital or similar medical establishment,
court, tribunal, police station or place of detention;
(i) be
directed at a person who has made known a desire not to be
contacted;
(j) be inappropriate having regard to the
best interest of the public;
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1 See also UK Bar Code of Conduct para. (d)
2
For para. (f) to (j) see also “Practice Promotion Code” of the
Law Society of Hong Kong para. 6(h), (i), (j), (k), (m)
(k) except where permitted in paragraph 101(1)
hereinabove, include the name of any professional or lay client.
(3) A barrister shall retain for one year after
the date of publication a copy or record of each item of advertising
or promotional material authorized by him. Any advertising or
promotion relating to a barrister shall be presumed, subject
to proof by the barrister to the contrary, to have been authorized
by him.
(4) When called upon by the Bar Council to do
so, a barrister shall verify the statements made in any advertising
or promotional material authorized by him.
(5) The Bar Council may by notice in writing
to a barrister order the alteration or withdrawal of any item
of advertising or promotional material where the Bar Council
is of the opinion that such material contravenes the provisions
in this paragraph.
(6) The provisions of this paragraph apply to
a practising barrister, an employed barrister and a barrister
serving pupillage.
(Bar Circular Nos. 105/08, 014/09)
102. [Deleted] (Bar Circular Nos. 105/08, 014/09)
103. [Deleted] (Bar Circular Nos. 105/08,
014/09)
104. [Deleted] (Bar Circular Nos. 105/08,
014/09)
105. A barrister shall not without leave of
the Bar Council appear in wig and/or gown outside the precincts
of the court except upon the occasion of the opening of the
legal year. (Bar Circular Nos. 105/08, 014/09)
106. [Deleted]
(Bar Circular Nos. 105/08, 014/09)
107. A barrister shall not
without leave of the Bar Council provide or publish a photograph
of himself in wig and/or gown for the purpose of practice promotion.
(Bar Circular Nos. 105/08, 014/09)
108. [Deleted] (Bar Circular
Nos. 105/08, 014/09).
[The next paragraph
number is 110.]
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