Germany

[DE] Repeal of the Prohibition on Advertising for Lawyers

IRIS 1997-1:1/32

Wolfgang Closs

Institute of European Media Law (EMR), Saarbrücken/Brussels

To date, the professional regulations governing lawyers' conduct have prevented them from advertising their services. At the end of November 1996, a meeting of the Federal Chamber of Lawyers ( Bundesrechtsanwaltkammer ) called to review the Chamber's statute adopted a new set of professional regulations. They include, inter alia, a liberalisation of the rules governing advertising. In future, under paragraph 6 of the regulations, lawyers will be allowed to provide information about their services and their persons. The opportunity of advertising in the media, especially printed media, and on the Internet is now open to lawyers. However, such advertising must be factual and related to professional concerns. Practice leaflets, circular letters and similar approaches are permitted. Any indication of success rates or turnover figures is forbidden. The scope of advertising is broadened in the case of certain specialised lawyers, so that in future reference may be made in the media to a particular speciality. The restrictions have not yet been lifted. The Federal Ministry of Justice must give formal approval to the new regulations within the next three months.