Advertising and personalized solicitation finally available to French lawyers

The “Consumer Act” was promulgated last march in France. The intent of this Act is to balance powers between consumers and professionals and provides for, among other things, the creation of a class action procedure as well as more effective measures against unfair clauses. A distinct provision of the Act specifically affects lawyers. Article 13 provides that “(…) the lawyer is allowed to use advertising as well as personalized solicitation”. By opening this possibility, the « Consumer Act » puts an end to a long lasting prohibition.

Such reform falls within a European evolution. The Court of Justice for the European Union concluded in an April 5th 2011 decision (Société fiduciaire nationale d’expertise comptable, case : C-119/09) that: “article 24, paragraph 1, of the 2006/123/CE European Parliament Directive and December 12th 2006 Council Directive, pertaining to services in the internal market, must be interpreted in the sense that it opposes national rules that totally prohibit members of a regulated profession, such as chartered accountants, to carry out marketing campaigns”. The Act refers to a Conseil d’Etat (Administrative Supreme Court) decree in order to organize the practical aspects according to which the French lawyer will be allowed to use advertising and direct marketing methods. The actual professional ethics rules will necessarily need to be modified accordingly.

Moslem Gadria

Avocat chez rothpartners