Before you launch any law firm marketing, whether that's a new Google Ads campaign, a content push, or a rebrand, it's worth understanding the guardrails you're actually working within. This is a general overview of what shapes what Australian law firms can and can't say in their advertising.
Most Australian states and territories, including New South Wales and Victoria, operate under the Legal Profession Uniform Law, a shared regulatory framework administered locally by each state's law society and legal services commissioner. Advertising conduct for solicitors sits primarily within the Australian Solicitors' Conduct Rules 2015, made under that framework, alongside general consumer protection law like the Australian Consumer Law, which prohibits misleading or deceptive conduct for every business, legal or otherwise.
The core rule: advertising must not mislead
The central advertising provision for solicitors under the Australian Solicitors' Conduct Rules requires that any advertising, marketing or promotion connected with a solicitor or law practice must not be false, misleading or deceptive, or likely to mislead or deceive, must not be offensive, and must not otherwise be prohibited by law. This single rule underpins almost everything else in legal advertising: specific, honest, substantiated claims are generally on safer ground than vague, grand or unverifiable ones.
Claims about specialisation and expertise
Solicitors must not convey a false, misleading or deceptive impression of specialist expertise. In particular, the term "accredited specialist" (or variations of it, including post-nominals) can only be used by a solicitor who actually holds that accreditation through the relevant recognised scheme in their state. A firm can still describe genuine focus areas and experience honestly, but should be careful not to imply a formal specialist accreditation that hasn't actually been obtained.
Approaching people who have recently suffered trauma or injury
A specific rule addresses one of the more sensitive areas of legal marketing: soliciting instructions in a manner likely to oppress or harass a person who, because of a recent trauma or injury or other circumstances, is or might reasonably be expected to be at a significant disadvantage in dealing with the solicitor at that time. This is particularly relevant for personal injury, workers' compensation and similar practice areas, where direct or aggressive approaches to recently injured people, in person, by phone, or in some circumstances online, carry real regulatory risk and reputational risk alongside it.
Referral fees and disclosure
Paying or receiving a fee for referring a client is not automatically prohibited under the conduct rules, but it is conditional: the arrangement generally needs to be disclosed to the client, and structured so the client understands they aren't obliged to accept a referral. Firms working with referral partners, medical providers, brokers, or lead-generation services should have a clear, disclosed process rather than an informal or undisclosed arrangement.
Case studies, results and testimonials
Because of the rule against misleading advertising, case studies, past results and client testimonials need careful handling. Presenting a single exceptional outcome in a way that implies a typical or guaranteed result for future clients is a common way firms unintentionally stray into misleading territory. Practical approaches many firms take include using clearly marked, genuinely illustrative examples with an explicit disclaimer that results vary and outcomes for any individual matter cannot be guaranteed, and avoiding any wording that reads as a promise about how a prospective client's own matter will turn out. How a firm presents its results and testimonials is also part of its law firm branding, so getting the disclaimers right protects reputation as much as it protects compliance. Our own case studies are written with these same disclaimers in mind.
State-specific administration: NSW and Victoria
| State | Regulator | What to check |
|---|---|---|
| New South Wales | The Law Society of NSW and the Office of the NSW Legal Services Commissioner | The Law Society of NSW publishes specific guidance on advertising legal services and maintains a marketing toolkit; a breach of the advertising rule can be raised as a complaint with the Legal Services Commissioner. |
| Victoria | The Victorian Legal Services Board and Commissioner (VLSB+C) | The VLSB+C investigates complaints about lawyer conduct including false or misleading advertising, and has published guidance specifically on marketing tactics used by law practices. |
Both states apply the same underlying Australian Solicitors' Conduct Rules, but local guidance, complaint-handling processes and any additional local practice notes differ, so it's worth checking directly with the relevant body for your state rather than assuming NSW and Victorian requirements are identical in every respect. Firms operating or advertising across multiple states should check the requirements in each jurisdiction they market into.
Quick reference: what's allowed by category
If you want the short version of each section above, organised by topic rather than by heading, these four tabs restate what's already covered without adding anything new.
- Describing genuine focus areas and experience honestly is fine.
- "Accredited specialist" (or variations, including post-nominals) can only be used by a solicitor who actually holds that accreditation.
- Avoid wording that implies a formal specialist accreditation you haven't actually obtained.
- A false or misleading impression of expertise is treated the same as any other misleading advertising.
- Case studies, past results and testimonials aren't prohibited, but need careful handling under the misleading-advertising rule.
- Don't present one exceptional outcome in a way that implies a typical or guaranteed result.
- Mark examples clearly as illustrative, with a disclaimer that results vary and outcomes can't be guaranteed.
- Avoid any wording that reads as a promise about how a prospective client's own matter will turn out.
- Soliciting instructions in a manner likely to oppress or harass someone recently affected by trauma or injury is specifically addressed by the rules.
- Particularly relevant for personal injury, workers' compensation and similar practice areas.
- Direct or aggressive approaches to recently injured people, in person, by phone or online, carry real regulatory and reputational risk.
- The disadvantage the rule protects against can apply to other circumstances too, not only physical injury.
- Paying or receiving a referral fee isn't automatically prohibited under the conduct rules.
- The arrangement generally needs to be disclosed to the client.
- Clients need to understand they aren't obliged to accept a referral.
- Firms working with referral partners, medical providers, brokers or lead-generation services should have a clear, disclosed process rather than an informal one.
A practical compliance checklist
- Every advertising claim should be one you could substantiate if asked, especially anything implying a guaranteed or typical outcome.
- Don't use "accredited specialist" or similar wording unless the specific solicitor genuinely holds that accreditation.
- Be deliberately cautious with any marketing that could reach people shortly after an accident, injury or other traumatic event, particularly direct or unsolicited approaches.
- Disclose referral fee arrangements to clients rather than leaving them informal.
- Mark case studies and testimonials clearly as illustrative examples, with a plain disclaimer that results vary and aren't guaranteed.
- Check current requirements with your state law society or legal services commissioner before a new campaign goes live, not after a complaint arrives.
- If you're working with an agency, confirm how they review advertising for compliance; our guide to choosing a legal marketing agency covers what to ask.