Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A legal
practitioner or a person acting for a legal practitioner must not publish or
cause to be published a statement that may reasonably be thought to be
intended or likely to encourage or induce a person —
(a) to
make a claim under any Act or law for compensation or damages for a personal
injury; or
(b) to
use the services of the legal practitioner, or another named legal
practitioner or a named law practice in connection with the making of a claim
mentioned in paragraph (a),
except if
section 18 allows publication of the statement.
(2) A legal
practitioner or a person acting for a legal practitioner does not contravene
subsection (1) only because of —
(a) a
statement made —
(i)
to a person who is already a client of the legal
practitioner or in a costs agreement as defined in the
Legal Profession Act 2008 section 252;
(ii)
to a person at the legal practitioner’s place of
business; or
(iii)
under an order by a court;
or
(b) a
statement made on the legal practitioner’s internet website that is
limited to statements about —
(i)
the operation of the law of negligence and a
person’s legal rights under that law; and
(ii)
the conditions under which the legal practitioner is
prepared to provide personal injury services.
(3) The liability of a
legal practitioner who contravenes subsection (1) to the penalty provided
under that subsection does not prevent the legal practitioner from being
charged with, or found guilty of, unprofessional conduct because of the
conduct involved in the contravention.
(4)
Subsection (1) does not apply to a statement made in an edition published
before the commencement of this section.
[Section 17 amended by No. 65 of 2003
s. 19(3); No. 21 of 2008 s. 646(3) and (4).]