Using an advertising lawyer


An advertising lawyer is, as the name suggests, a UK-qualified solicitor who specialises in the legal aspects of the marketing and advertising industry. It is common for an advertising lawyer to have related specialties such as media law.

Role of an advertising lawyer

Advertising lawyers are usually employed at large full-service firms. This is because such firms usually have big corporate clients and it is those clients who need the most extensive type of legal advertising advice.

Other advertising lawyers are employed by niche firms which offer specialised services, whilst a third option of employment is an in-house legal position, working for an advertising agency or a large corporation.

Online advertising

There is little doubt that one of the most significant changes in human behavioural patterns over the past few decades is the amount of time we spend viewing digital content. Naturally the television has been a major part of the communal consciousness for quite a while, but our digital dependence has been taken to a higher level through the prevalence of:

  • Broadband and internet-enabled mobile phones
  • Social networking websites

Since people are more likely to pay attention to internet-based data rather than newspapers and television, advertising must follow. Advertising solicitors are responsible for protecting their clients by alerting them to the legal guidelines they must operate under. This task becomes complicated when the clients' activities have never been done before.

Advertising solicitors are expected to know, for example:

  • If having a brand-name product 'request friendship' on a social networking site would be considered legal.
  • It wouldn’t seem to break any advertising rules, but although (and perhaps because) there has never been a case on the matter, advertising solicitors would be hard-pressed to declare it free of legal risk.

Keeping up-to-date

In England, the legal framework which governs advertising is constantly changing in an attempt to keep up with technological developments. As a result, advertising lawyers (UK-qualified solicitors with special expertise in advertising and marketing) constantly need to update their knowledge.

An advertising lawyer must keep up-to-date with technological advances. This is because in the advertising world each new way of communicating is seen as a new opportunity for advertising space. If a corporation is found to be in breach of the relevant advertising law, the consequences may be severe.

The legal guidelines of common law cannot keep up with technology, as new law only comes from new disputes. This means that every time a new form of advertising is explored, the existing legal framework must slightly expand.

If you are currently involved in a legal dispute regarding advertising, it is important to seek the help of a legal professional. Since the legal framework that governs advertising is constantly changing it is important that you are advised by an advertising lawyer who is aware of recent developments. Doing so will ensure you know what your legal position is and what your chances are of successfully resolving the dispute.

Want to know more about advertising? See our page on advertising law.

Are you looking for a media lawyer to advise you on an advertising or marketing issue? Caven can put you in touch with a specialist media law who can assist you in the running of your business. Please call us on 08001 221 2299 or complete the web-form above.

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