Under rule 36.1 of the Australian Solicitors Conduct Rules 2012 (Qld) (‘ASCR’) we ‘must ensure that any advertising, marketing or promotion in connection’ to us or the law practice is not ‘false, misleading or deceptive or likely to mislead or deceive, offensive or prohibited by law’.1
The endorsement of skills or knowledge by third parties is a LinkedIn feature. If we accept such endorsements, we need to consider the application of rule 36.1 ASCR. What if the endorsement is misleading as to our skills or knowledge or areas of expertise? Such endorsements would be seen as an advertisement or promotion in connection with what we do. As such, an endorsement would come within the ambit of rule 36.1 ASCR. If we accept an endorsement which highlights a skill or expertise that we don’t have then it could be misleading or deceptive or likely to mislead or deceive and be contrary to rule 36.1.2 ASCR. What is considered misleading or deceptive is also regulated by both federal and state legislation. Truthful endorsements of our skills, knowledge and expertise would not be a breach of rule 36.1 ASCR.
1 ASCR rr 36.1.1 - 36.1.4.