What do the SRA rules say about solicitor marketing?

Two related sets of duties sit next to these: the SRA Transparency Rules on what the website must publish, covered in our Transparency Rules guide, and complaints handling in 8.2 to 8.5.

• 5.1(a) and (b): tell clients about any financial interest in a referral and any fee sharing arrangement relevant to their matter.
• 5.1(c): fee sharing agreements in writing.
• 5.1(d): no referral payments for clients in criminal proceedings.
• 5.1(e): the introducer's methods must meet SRA standards, so an introducer that cold calls taints the client it sends.
• 5.2: if it looks like a referral fee to the SRA, it's treated as one unless you show otherwise.

LASPO 2012 section 56 bans paying or receiving referral fees for "prescribed legal business": claims for damages for personal injury or death. Its definition of a referral is the part marketers need to read. A referral happens when someone other than the client provides information a provider of legal services would need to make the client an offer, and "payment" includes any form of consideration except reasonable hospitality. Paying per injury lead with the person's contact details fits that description closely.

The December 2024 warning notice spells out the checks. You must be able to show an introducer didn't acquire clients through cold calls, door knocking or other targeted approaches, review the publicity third parties use, and carry out regular spot checks asking new clients how, and by whom, they were contacted. Our guide on whether law firms can pay for leads compares the UK position with other countries.

What the SRA lists

Publicity must not mislead about prospects of success, likely award levels, other claimants' feedback, awards or credentials, or ombudsman and compensation schemes people can use for free. If marketing highlights "no win, no fee", it should explain what that means, including when a client could still owe costs.

What the ASA expects

Ads saying "no win, no fee" should set out, in the ad or at least on the landing page before anything is signed, how fees work in a successful claim, including the percentage deducted from compensation. Headline figures like "up to £10,000" must be substantiated and shown as before deductions. An online e-signature must say plainly that it forms a binding contract.

Lead generators must say so

The ASA ruled against a lead generation site that didn't make clear it sold leads on to a law firm. If you're a lead generator, say so early and prominently; if all leads go to one firm, name it.

Substantiation

CAP Code 3.7 requires documentary evidence for objective claims before an ad runs. "Over 2,000 claims settled" needs the file count in hand first.

The CAP Code's scope covers paid search listings and, under clause I(h), a firm's claims on its own website and in other non-paid-for space it controls, such as its social pages. So the ASA and the SRA can both look at the same landing page. More on the ad copy side in our ad copy rules guide.

1. 1

   List every source of new clients

   Ads, listings, comparison sites, referrers and any lead generator. For each third party, write down how they find people and how you're charged.

2. 2

   Check personal injury payments against section 56

   Any payment tied to receiving a named person's details for an injury claim needs a hard look before the next invoice.

3. 3

   Start spot checks

   Ask new clients from third parties how they were first contacted and by whom, and keep a note. The warning notice expects it.

4. 4

   Read every "no win, no fee" line

   The landing page explains the percentage deducted and when the client could still pay costs, before any signature.

5. 5

   Find every number

   Success rates, settlement figures, "up to" amounts and claim counts each need documentary evidence on file.

6. 6

   Check the website duties

   SRA number, digital badge, complaints procedure and, for the listed services, prices. The Transparency Rules guide has the list.