Rules and ethics
Part of Law firm marketing compliance in England and Wales
Law firm marketing compliance in England and Wales
A practical overview of the SRA, advertising and data-protection rules shaping law firm marketing in England and Wales, including claims, consent and referrals.
What to take away
- SRA Standards and Regulations, including the seven SRA Principles and the Code of Conduct for Firms, govern law firm marketing in England and Wales.
- Client acquisition must also follow UK GDPR, PECR (including cookie consent and TPS/CTPS screening for cold calls) and the CAP Code.
- Accurate claims, recorded consent, the mandatory SRA transparency content and clear fee information lower regulatory risk.
- A channel plan tied to your practice area beats generic professional services advice.
- A content publishing checklist keeps fee earners on message.
Who the rules bind and what they cover
Solicitors, authorised firms and alternative business structures all fall within SRA oversight. The Legal Services Act 2007 reserves certain activities, such as conveyancing and probate, to regulated providers. Your marketing cannot suggest you offer a reserved service if you are not authorised to do so. This matters for website copy, directory profiles and social media bios. The same principle applies to non-solicitor staff who promote the firm.
Claims, fee information and the SRA
The seven SRA Principles require solicitors to act with integrity, maintain public trust and confidence, and act in the best interests of each client. The SRA Code of Conduct for Firms 2019 obliges you to be honest in all professional communications and not to mislead. Marketing that compares your firm to another must be capable of substantiation. Avoid promising specific outcomes in personal injury or family work. A statement such as 'we win most cases' is risky unless you can prove it from closed files.
The SRA Transparency Rules require firms to publish specified information on their websites for services including residential conveyancing, uncontested probate, immigration, motoring offences and employment tribunal claims for unfair or wrongful dismissal. The mandatory content items are: the price or price range (stating whether VAT is included), disbursements, timescales, key stages of the matter, who will do the work, their qualifications and experience, and complaints information including how to escalate to the Legal Ombudsman. Firms must also display their SRA registration number and use the prescribed regulatory wording. Check the Rules' current scope and publish every required item for any listed service your firm provides.
Substantiating marketing claims
- Act with honesty and integrity
- Comparisons must be capable of substantiation
- Avoid promising specific outcomes
- Check claims against file evidence
- CAP Codelegal, decent, honest, truthful
The ASA's advertising codes add a separate layer for paid ads and some organic posts. The CAP Code requires ads to be legal, decent, honest and truthful, and the Advertising Codes set out those rules for UK advertisers. Check every claim against your file evidence before you publish.
Building client acquisition around consent
Email and SMS marketing need a lawful basis. Consent is usually the safest route for cold lists under UK GDPR and PECR. The PECR soft opt-in allows marketing to existing customers without fresh consent only where their contact details were collected during a sale or negotiation, the marketing relates to similar products or services, and an opt-out was offered at collection and in every subsequent message. PECR Regulation 6 requires prior consent for non-essential cookies and similar tracking technologies on your website. For cold telephone calls, you must screen against the Telephone Preference Service (TPS) and Corporate Telephone Preference Service (CTPS); calling a registered number without consent breaches PECR. The ICO's direct marketing and privacy and electronic communications guidance explains consent, soft opt-in and objections. Any firm processing personal data must register with the ICO and pay the annual data protection fee. The Data Protection Act 2018 sits alongside UK GDPR. Keep records of when and how someone opted in. For a deeper process, see email marketing for law firms.
Consent records for email and SMS
- Identify a lawful basis
- Use consent for cold lists
- Apply UK GDPR and PECR
- Record when someone opted in
- Record how someone opted in
Content that earns instructions
Publish answers to questions clients ask before they instruct. A firm that handles employment tribunals could explain settlement agreements and time limits. Case notes must avoid identifying clients without consent. Thought leadership works when it shows judgement, not when it lists legal terms. A short video from a partner can explain one process step and link to a longer guide.
Use this publishing checklist:
- Name the reader and the problem.
- Add the date and author.
- State the limits of the guidance.
- Link to a consultation page.
- Record who approved the page.
A channel plan that fits solicitor marketing
Different channels carry different compliance weight. A firm's own website gives you full control over claims and disclaimers. Paid search ads are covered by the CAP Code and must match your landing page. Social media posts from fee earners can create binding impressions about the firm. Networking and referrals still drive most high-value instructions in many practice areas. For a comparison of two common routes, read LinkedIn versus networking for solicitors.
| Channel | Main rule source | Practical control | | Website | SRA Code and CAP Code | You approve every page | | Paid search | CAP Code | Ad copy must match landing page | | Email | UK GDPR, PECR and ICO guidance | Consent records matter | | Social posts | SRA Code and CAP Code | Train fee earners | | Referrals | SRA Code | Avoid fee-sharing breaches |
Fee sharing and referral risks
SRA rules restrict fee sharing with non-lawyers. Referral payments can create conflicts between the client's interest and the introducer's interest. The safest route is a written agreement that sets out services, payment basis and client consent. Disclose any payment to the client before they instruct. Review introducer contracts annually. Keep a record of any payment made for a referral.
How to measure without overclaiming
Track enquiries by source, not just website visits. Ask new clients what made them call, and log the answer in your case management system. Use call tracking numbers for paid campaigns. Compare conversion rates by practice area and fee band. Report metrics that the firm can act on, such as consultation bookings per 100 visits. Avoid publishing vanity numbers that suggest outcomes you cannot verify.
Common questions
Do SRA rules apply to social media?
Yes. The SRA Code of Conduct applies to all professional communications, including posts by fee earners and firms. Train staff on what they can and cannot say.
Can a law firm buy an email list?
Rarely. UK GDPR and PECR require a lawful basis and, for most cold lists, consent. The ICO guidance on direct marketing explains the narrow exceptions.
Who needs to approve marketing copy?
A qualified solicitor or compliance officer should approve claims about legal services. The person who signs off should record the evidence for any comparison or outcome claim.
Is a disclaimer enough?
No. A disclaimer does not cure a misleading headline or an unsubstantiated claim, and individual cases need a qualified adviser.
