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Palestra 7-8-2021

Should lawyers advertise?

Under the current legal order, advocates who advertise their services are subject to disciplinary liability. Due to many limitations in this matter, they are looking for various alternative solutions that could promote services they provide. However, it should be remembered that the bar is not strictly a company; one could even say that lawyers do not provide services, they provide legal aid instead. The issues related to advertising in this industry, witnessing quite an intense competition at present, seem an important issue that requires an in-depth reflection. It is necessary to answer the following questions: are the provisions regulating this issue too radical in the current legal situation, and if so, to what extent should they be relaxed and in which direction should changes take place? How can lawyers legitimately promote their services in the contemporary realities of the legal services market, so as not to violate the prohibition of advertising in force? Which effective measures do they currently have to use in this area? Should lawyers advertise at all? The lawyers‘ community is somewhat divided on this matter, as some of them believe that no changes are needed, whereas others argue that some modifications are advisable, also requiring greater control of lawyers’ activities on the Internet. An attempt to resolve the doubts outlined and to answer the above questions is the subject of this publication.

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