ZAKAZ REKLAMY A PRAWO DO RZETELNEJ INFORMACJI (W ŚWIETLE PRZEPISÓW O ADWOKATURZE)
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Date
2002
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Wydział Prawa i Administracji UAM
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INTERDICTION TO ADVERTISE ATTORNEYS’ SERVICES AND THE RIGHT FOR RELIABLE AND COMPLETE INFORMATION (IN THE LIGHT OF REGULATIONS ON THE BAR)
Abstract
The interdiction to advertise attorneys’ services, although sometimes claimed to violate the
freedom of speech, is a limitation consciously self-imposed by the corporation, as it has been considered
deontologically sound according to the Bar Code of Conduct. Yet, although ethical norms
prevent attorneys from advertising themselves, they are allowed to provide information concerning
their services. This freedom, secured in art.61 o f the Code in relation with art. 8 point 2 o f the
Polish Constitution, gives the right for reliable and complete information concerning the activity
of organs which perform their duties imposed by force of freelance profession self-government.
Additionally, it is worth considering the future of freelance profession codes of conduct, including
the Bar code. Leaving them unchanged might result in their trivialisation, i.e. they might turn
from deontic codes into codes o f wishful thinking and accounts of desirable manners of conduct set
out to corporation members as a goal to be attained. When it comes to professional ethics, this is
the case in the USA, where the law imposes no obligations even in ethically unambiguous situations.
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Ruch Prawniczy, Ekonomiczny i Socjologiczny 64, 2002, z. 4, s. 51-60.