CIVIL LIABILITY ACT 2002 - SECT 17
CIVIL LIABILITY ACT 2002 - SECT 17
17 . Restriction on advertising legal services relating to personal injury
(1) A lawyer or a
person acting for a lawyer 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 lawyer, or another named lawyer 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.
Penalty: $10 000.
(2) A lawyer or a
person acting for a lawyer does not contravene subsection (1) only because of
—
(a) a
statement made —
(i)
to a person who is already a client of the lawyer or in a
costs agreement made in accordance with the Legal Profession Uniform Law (WA)
Part 4.3 Division 4; or
(ii)
to a person at the lawyer’s place of business; or
(iii)
under an order by a court;
or
(b) a
statement made on the lawyer’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 lawyer is prepared to
provide personal injury services.
(3) The liability of a
lawyer who contravenes subsection (1) to the penalty provided under that
subsection does not prevent the lawyer 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: No. 65 of 2003 s. 19(3); No.
21 of 2008 s. 646(3) and (4); No. 9 of 2022 s. 340 and 341.]