Lawyer may not advertise at field hockey match
A lawyer advertised his law firm during ice hockey games in the canton of Bern. He was issued a warning for violating professional rules—and the Bern Administrative Court has now ruled that this was justified. It dismissed the lawyer’s appeal.
This is the result of a ruling published on Monday. Lawyers are allowed to advertise their firms, but they must show a good deal of restraint in doing so. Advertising is only permitted as long as it is objective and meets the public's need for information. This is what the rules of professional conduct require. The advertising of the lawyer in question in the ice hockey stadium was deemed inadmissible by the administrative court, as was the lower court.
Penalty presented
The advertising flash for the lawyer was always shown on an LED display in the stadium during player penalties. The stadium announcer announced this with the phrase "Strafe- presented by". The ad with the lawyer's name and website address as well as a slogan lasted around eight seconds and was broadcast an average of seven to eight times per game, depending on how many penalties the referee had to award. In the top soccer and ice hockey leagues, it is now common practice for companies and organizations to present goals, Totomat announcements, time-outs or even penalties during the course of the game with thoroughly professional advertising.
Ethically justifiable
The lawyer in question referred to a St. Gallen court decision according to which the "public's need for information" stipulated in the professional rules was to be interpreted generously. The majority of the population considers attorney advertising to be informative and ethically justifiable. Moreover, the question of whether and in what form advertising by lawyers is permissible is in a state of flux, the lawyer pointed out.
Appropriate warning
However, the administrative court did not follow these arguments. All in all, the lawyer's advertising lacked the necessary restraint, it supported the lower court. With his slogan, the lawyer had tried to establish a connection between the supposedly legal aspect of the player's penalty and the law firm. And this was done during interruptions in the game, during which the attention of the spectators was directed to the large screens in the stadium. The repeated replaying of each penalty imposed further increased the effect on the spectators. The warning as the mildest form of a sanction was appropriate, the administrative court concluded. The lawyer can appeal the ruling to the Federal Court. (SDA)
Image: Keystone
