In a rather controversial decision in the case of Cascado Coca v. Spain the European Court of Human Rights has held that national bar regulations prohibiting lawyers from advertising do not infringe Article 10 of the European Convention on Human Rights, which guarantees freedom of expression. The court noted that, in general, advertising was for the public good, but this did not necessarily apply to advertising by lawyers because of "the special nature of the profession ... In their capacity as officers of the court, lawyers had to be discreet, honest and dignified. Restrictions on advertising were justified by reference to those special features." The court concluded that national authorities were in the best position to decide what was appropriate in a given country.

June 1994 Index