The rule in one sentence
Rule 36.1 requires a solicitor or principal of a law practice to "ensure that any advertising, marketing, or promotion in connection with the solicitor or law practice" is not false, not misleading or deceptive or likely to mislead or deceive, not offensive, and not prohibited by law [1]. That wording covers far more than a newspaper advertisement. Your home page, a practice area page, a lawyer's profile, a blog post, a Google Business Profile description and the text on a search ad all promote the practice.
Rule 36.2 deals with specialist claims. A solicitor "must not convey a false, misleading or deceptive impression of specialist expertise", and may only use the words "accredited specialist" or a derivative, including post-nominals, if they are accredited by the relevant professional association [1]. We cover that in its own guide on accredited specialist wording.
The rule applies in the Uniform Law states. The Legal Profession Uniform Law is currently applied in Western Australia, New South Wales and Victoria, with Western Australia joining on 1 July 2022 [2]. Outside the Uniform Law, the Law Council of Australia lists South Australia, Queensland, the Australian Capital Territory and Tasmania among the jurisdictions that have adopted the Australian Solicitors' Conduct Rules, alongside New South Wales, Victoria and Western Australia [7]. The Law Council's list does not include the Northern Territory, so firms there should check the current rules with the Law Society Northern Territory. The Queensland Law Society publishes commentary on Rule 36 [3], and local versions can differ in numbering or wording, so check the rules in force where you practise.
The Law Council's consolidated rules dated 1 July 2026 incorporate amendments to Rules 8 and 13 that took effect in New South Wales, Victoria and Western Australia on that date; Rules 9 and 36 are unchanged [8].
Where the Australian Consumer Law comes in
The Queensland Law Society's commentary points out that Rule 36 is supplemented by the Australian Consumer Law, which applies to "any business or professional activity" [3]. Section 18 of the ACL prohibits misleading or deceptive conduct in trade or commerce, and section 29 deals with false or misleading representations about services. For a website, the practical effect is the same as Rule 36.1: a statement can break the law even if it is technically true, when the overall impression it leaves is wrong.
That matters for phrases that sound harmless. "Leading", "top-rated", "best results" and "Sydney's most experienced" all invite the question: compared with whom, and who says so? If you cannot point to evidence that a reasonable reader would accept, take the phrase out.
Page by page: what to check
Home page
The home page carries the strongest claims because it is written to impress. Read each sentence and ask what a prospective client would believe after reading it. If the answer is "this firm wins most of its cases" and you cannot show that, the sentence needs to change. Words like "results" and "outcomes" deserve particular care, because no firm can promise how a matter will end.
Practice area pages
Practice area pages describe the work you do. They are the safest place for detail, and detail helps readers more than adjectives do. Explain what the process looks like, what documents a client usually needs and which costs are involved. If you list areas in a menu, list only work the firm actually takes on.
Lawyer profiles
Profiles are where specialist wording tends to slip in. "Specialises in family law" reads to many people as a formal status. Describing what someone does ("practises in family law, with a focus on parenting arrangements") is clearer and avoids implying accreditation that does not exist. Years of practice, admission dates and memberships should be accurate and kept current.
Testimonials and reviews
Reviews and client comments are covered by the ACL's rules on genuine reviews. The ACCC's current guidance says it is against the law for a business to create fake or misleading reviews or to arrange for others to do so, and that removing genuine negative reviews can also mislead [4]. See our guide to testimonials, reviews and the ACL before you publish any.
Fees and "free" offers
If a page mentions a free first consultation, fixed fees or no-win-no-fee terms, the conditions need to be clear on the same page. In Queensland, statements about no-win-no-fee arrangements for personal injury work are restricted to the firm's own website and subject to other limits under the Personal Injuries Proceedings Act [5]. The Legal Services Commission's guideline goes further and expects restricted content to be limited to existing clients or genuine enquirers, for example behind an enquiry step [6]. Our personal injury advertising guide explains those limits.
Offensive content and taste
Rule 36.1.3 prohibits offensive advertising [1]. Most firm websites never come near this line, but it is worth a look at imagery as well as words. Stock photographs of accident scenes, distressed children or people in handcuffs can be read as exploiting the circumstances of the people you hope to help, even if no single image breaks a rule.
Who is responsible
The rule places the duty on the solicitor or the principal of the practice [1]. Hiring a web designer or marketing agency does not move that responsibility. The Legal Services Commission in Queensland makes the same point about personal injury advertising: principals remain responsible for employees, agents and external consultants who develop it [6]. In practice that means a partner or principal should read and approve every page before it goes live, and again whenever content changes.
When we build a site, the page plan includes a claims review step for exactly this reason. We flag phrases that need evidence, and the firm decides what to keep.
A short checklist before launch
- Every superlative ("leading", "best", "top") is either supported by evidence you could produce or removed.
- No page implies a guaranteed outcome or a typical result.
- "Accredited specialist" and post-nominals appear only for lawyers with current accreditation, on their own profiles.
- Practice areas listed are areas the firm actually handles.
- Fee statements include their conditions on the same page.
- Reviews and testimonials are genuine, unedited and published under a clear policy.
- Personal injury content has been checked against any state rules that apply.
- A principal has read and approved the final copy.
Questions people ask
Does Rule 36 apply to a firm's social media and Google profile?
Rule 36 covers "any advertising, marketing, or promotion in connection with the solicitor or law practice". That wording is broad enough to include social media posts and business profiles, so apply the same checks there as on the website.
Can a web designer be responsible for a misleading claim on a law firm site?
The conduct rule places the duty on the solicitor or principal. A designer may face separate issues under consumer law, but the firm cannot hand its professional obligation to a supplier, so a principal should approve all content.
Is describing the firm as "experienced" a problem?
Not usually, if it is true and specific. "Our lawyers have practised family law in Brisbane since 2009" tells readers something they can check. Vague comparisons such as "the most experienced" are where problems start.
Sources
Checked on 29 October 2026. Labels show what kind of source each one is.
- Legislation Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015, NSW Legislation. Rules 36.1 and 36.2 (current version; unchanged by the 1 July 2026 amendments).
- Regulator Uniform Law, Legal Practice Board of Western Australia.
- Professional body 36. Advertising, Queensland Law Society. Commentary on Rule 36.
- Regulator Online reviews for product and services, ACCC. Last updated 15 July 2026.
- Professional body What are the rules about advertising for personal injury work?, Queensland Law Society.
- Regulator PIPA regulatory guideline, Legal Services Commission Queensland. Published 16 March 2022.
- Professional body Australian Solicitors' Conduct Rules, Law Council of Australia. List of adopting jurisdictions.
- Professional body Australian Solicitors Conduct Rules, compilation dated 1 July 2026, Law Council of Australia. Consolidated text incorporating amendments to Rules 8 and 13.