The Alabama Rules of Professional Conduct allow lawyers to advertise
- “services through media, such as telephone directory [or] legal directory.”
- “A true copy or recording of any such advertisement shall be delivered or mailed to the office of the general counsel of the Alabama State Bar at its then current headquarters within three (3) days after the date on which any such advertisement is first disseminated; the contemplated duration thereof and the identity of the publisher or broadcaster of such advertisement, either within the advertisement or by separate communication accompanying said advertisement, shall be stated.”
Attorney Directory Exemptions: State rules do not exempt online directories from these requirements.
Source(s):
https://www.courts.wa.gov/court_rules/
(a) Subject to the requirements of Rules 7.1 and 7.3, a lawyer may advertise services through public media, such as a telephone directory, legal directory, newspaper or other periodical, outdoor advertising, radio or television or through written or recorded communication.
(b) A copy or recording of each advertisement or communication shall be retained by the lawyer for two years after its last dissemination along with a record of when and where it was used.
(c) A lawyer shall not give anything of value to a person for recommending the lawyer's services, except that a lawyer may
(1) pay the reasonable cost of advertising or written communication permitted by this rule;
(2) pay the usual charges of a not-for-profit lawyer referral service or other legal service organization; and
(3) pay for a law practice in accordance with Rule 1.17.
(d) Any communication made pursuant to this rule shall include the name of at least one lawyer responsible for its content. (SCO 1123 effective July 15, 1993)
Comment
To assist the public in obtaining legal services, lawyers should be allowed to make known their services not only through reputation but also through organized information campaigns in the form of advertising. Advertising involves an active quest for clients, contrary to the tradition that a lawyer should not seek clientele. However, the public's need to know about legal services can be fulfilled in part through advertising. This need is particularly acute in the case of persons of moderate means who have not made extensive use of legal services. The interest in expanding public information about legal services ought to prevail over considerations of tradition. Nevertheless, advertising by lawyers entails the risk of practices that are misleading or overreaching.
This rule permits public dissemination of information concerning a lawyer's name or firm name, address and telephone number; the kinds of services the lawyer will undertake; the basis on which the lawyer's fees are determined, including prices for specific services and payment and credit arrangements; a lawyer's foreign language ability; names of references and, with their consent, names of clients regularly represented; and other information that might invite the attention of those seeking legal assistance.
Questions of effectiveness and taste in advertising are matters of speculation and subjective judgment. Some jurisdictions have had extensive prohibitions against television advertising, against advertising going beyond specified facts about a lawyer, or against "undignified" advertising. Television is now one of the most powerful media for getting information to the public, particularly persons of low and moderate income; prohibiting television advertising, therefore, would impede the flow of information about legal services to many sectors of the public. Limiting the information that may be advertised has a similar effect and assumes that the bar can accurately forecast the kind of information that the public would regard as relevant.
Neither this rule nor Rule 7.3 prohibits communications authorized by law, such as notice to members of a class in class action litigation.
Record of Advertising
Paragraph (b) requires that a record of the content and use of advertising be kept in order to facilitate enforcement of this rule. It does not require that advertising be subject to review prior to dissemination. Such a requirement would be burdensome and expensive relative to its possible benefits, and may be of doubtful constitutionality.
Paying Others to Recommend a Lawyer
A lawyer is allowed to pay for advertising permitted by this rule and for the purchase of a law practice in accordance with the provisions of Rule 1.17, but otherwise is not permitted to pay another person for channeling professional work. This restriction does not prevent an organization or person other than the lawyer from advertising or recommending the lawyer's services. Thus, a legal aid agency or prepaid legal services may pay to advertise legal services provided under its auspices. Likewise, a lawyer may participate in not-for-profit lawyer referral programs and pay the usual fees charged by such programs. Paragraph (c) does not prohibit paying regular compensation to an assistant, such as a secretary, to prepare communications permitted by this rule.
Source(s):
http://www.touchngo.com/lglcntr/ctrules/profcon/profcon-46.htm#P802_203135
The Arizona Rules of Professional Conduct allow lawyers to “advertise services through written, recorded or electronic communications, including public media,” but do not impose any advertising reporting requirements.
Attorney Directory Exemptions: The Arizona State Ethics Commission has found directories do not violate the RPC as long as the information contained therein is not false or misleading.
Source(s):
http://www.azbar.org/Ethics/RulesofProfessionalConduct/ViewRule?id=18
http://www.azbar.org/Ethics/EthicsOpinions/ViewEthicsOpinion?id=504
The Arkansas Rules of Professional Conduct allow lawyers to “advertise services through public media, such as telephone directory, legal directory, newspaper or other periodical, outdoor advertising, radio or television, or through written or electronic communication,” but do not impose any advertising reporting requirements.
Source(s):
https://courts.arkansas.gov/rules-and-administrative-orders/%5Bcurrent%5D-arkansas-rules-of-professional-conduct
The California Rules of Professional Conduct allow lawyers to advertise via “written or electronic media,” but do not impose any advertising reporting requirements to the California State Bar.
Source(s):
http://rules.calbar.ca.gov/Rules/RulesofProfessionalConduct/CurrentRules/Rule1400.aspx
http://apps.calbar.ca.gov/mcleselfstudy/mcle_home.aspx?testID=43
The Colorado Rules of Professional Conduct allow lawyers to “advertise legal services through written, recorded or electronic communication, including public media,” but do not impose any advertising reporting requirements to the Colorado State Bar.
Source(s):
http://www.cobar.org/For-Members/Opinions-Rules-Statutes/Rules-of-Professional-Conduct/Rule-72-Advertising/
According to the Connecticut Attorney Practice Booke, Part 2-28A: any attorney who advertises services to the public through any media, electronic or otherwise, or through written or recorded communication pursuant to Rule 7.2 of the Rules of Professional Conduct shall file a copy of each such advertisement or communication with the statewide grievance committee either prior to or concurrently with the attorney’s first dissemination of the advertisement or written or recorded communication, except as otherwise provided in subsection (b) herein. The materials shall be filed in a format prescribed by the statewide grievance committee, which may require them to be filed electronically. Any such submission in a foreign language must include an accurate English language translation. The filing shall consist of the following: (1) A copy of the advertisement or communication in the form or forms in which it is to be disseminated (e.g., videotapes, DVDs, audiotapes, compact discs, print media, photographs of outdoor advertising); (2) A transcript, if the advertisement or communication is in video or audio format; (3) A list of domain names used by the attorney primarily to offer legal services, which shall be updated quarterly; (4) A sample envelope in which the written communication will be enclosed, if the communication is to be mailed; (5) A statement listing all media in which the advertisement or communication will appear, the anticipated frequency of use of the advertisement or communication in each medium in which it will appear, and the anticipated time period during which the advertisement or communication will be used.”
Attorney Directory Exemptions: Attorney Practice Book, Part 2-28A(b) – The filing requirements of subsection (a) do not extend to any of the following materials:
- An advertisement in the public media that contains only the information, in whole or in part, contained in Rule 7.2 (i) of the Rules of Professional Conduct, provided the information is not false or misleading;
- An advertisement in a telephone directory;
- A listing or entry in a regularly published law list;
- An announcement card stating new or changed associations, new offices, or similar changes relating to an attorney or firm, or a tombstone professional card;
A communication sent only to: (i) Existing or former clients; (ii) Other attorneys or professionals; business organizations including trade groups; not-for profit organizations; governmental bodies and/or (iii) Members of a not-for-profit organization that meets the following conditions: the primary purposes of the organization do not include the rendition of legal services; the recommending, furnishing, paying for or educating persons regarding legal services is incidental and reasonably related to the primary purposes of the organization; the organization does not derive a financial benefit from the rendition of legal services by an attorney; and the person for whom the legal services are rendered, and not the organization, is recognized as the client of the attorney who is recommended, furnished, or paid for by the organization.
Communication that is requested by a prospective client.
The contents of an attorney’s Internet website that appears under any of the domain names submitted pursuant to subdivision (3) of subsection (a).”
Source(s):
https://www.jud.ct.gov/Publications/PracticeBook/PB.pdf
The Delaware Rules of Professional Conduct allow lawyers to “advertise services through written, recorded or electronic communication, including public media,” but do not impose any advertising reporting requirements to the Delaware State Bar.
Source(s):
http://courts.delaware.gov/rules/pdf/DLRPCwithCommentsFeb2010.pdf
The Florida Rules of Professional Conduct, Rule 4-719, provides that “any lawyer who advertises services shall file with the Florida Bar a copy of each advertisement at least 20 days prior to the lawyer’s first dissemination of the advertisement. The advertisement must be filed at The Florida Bar headquarters address in Tallahassee.”
Attorney Directory Exemptions: Under Rule 4-7.20, “the following are exempt from the filing requirements of rule 4-7.19:
an advertisement in any of the public media that contains no illustrations and no information other than that set forth in rule 4-7.16;
a brief announcement that identifies a lawyer or law firm as a contributor to a specified charity or as a sponsor of a public service announcement or a specified charitable, community, or public interest program, activity, or event, provided that the announcement contains no information about the lawyer or law firm other than the permissible content of advertisements listed in rule 4-7.16, and the fact of the sponsorship or contribution. In determining whether an announcement is a public service announcement, the following criteria may be considered: (1) whether the content of the announcement appears to serve the particular interests of the lawyer or law firm as much as or more than the interests of the public; (2) whether the announcement concerns a legal subject; (3) whether the announcement contains legal advice; and (4) whether the lawyer or law firm paid to have the announcement published;
a listing or entry in a law list or bar publication;
a communication mailed only to existing clients, former clients, or other lawyers; (e) a written or recorded communication requested by a prospective client;
professional announcement cards stating new or changed associations, new offices, and similar changes relating to a lawyer or law firm, and that are mailed only to other lawyers, relatives, close personal friends, and existing or former clients; and
information contained on the lawyer’s Internet website(s).”
Source(s):
https://www.floridabar.org/rules/ads/
The Georgia Rules of Professional Conduct allow lawyers to “advertise services through (1) public media, such as a telephone directory, legal directory, newspaper or other periodical; (2) outdoor advertising; (3) radio or television; and (4) written, electronic or recorded communication,” but do not speak directly to lawyer advertising reporting requirements.
Source(s):
https://www.gabar.org/barrules/handbookdetail.cfm?what=rule&id=147
The Idaho Rules of Professional Conduct allow lawyers to “advertise services through written, recorded or electronic communication, including public media,” but do not impose any advertising reporting requirements to the Idaho State Bar.
Source(s):
https://isb.idaho.gov/pdf/rules/irpc.pdf
ADVERTISING
(a) Subject to the requirements of Rules 7.1 and 7.3 of these Rules, a lawyer may advertise services through written, recorded, or electronic communication, including public media.
(b) A lawyer shall not give anything of value to a person for recommending the lawyer's services except that a lawyer may:
(1) pay the reasonable costs of advertisements or communications permitted by this Rule;
(2) pay the usual charges of a not-for-profit lawyer referral service or qualified legal assistance organization, which charges, in addition to any referral fee, may include a fee calculated as a percentage of legal fees earned by the lawyer to whom the service or organization has referred a matter, provided that any such percentage fee shall be used only to pay the reasonable operating expenses of the service or organization and to fund public service activities of the service or organization, including the delivery of pro bono legal services; and
(3) pay for the purchase of a law practice in accordance with Rule 1.17 of these Rules.
(c) Any communication made pursuant to this Rule shall include the name of at least one lawyer responsible for its content.
COMMENTS
[1]To assist the public in obtaining legal services, lawyers should be allowed to
make known their services not only through reputation but also through organized information campaigns in the form of advertising. Advertising involves an active quest for clients, contrary to the tradition that a lawyer should not seek clientele. However, the public's need to know about legal services can be fulfilled in part through advertising. This need is particularly acute in the case of persons of moderate means who have not made extensive use of legal services. The interest in expanding public information about legal services ought to prevail over considerations of tradition. Nevertheless, advertising by lawyers entails the risk of practices that are misleading or overreaching.
[2]This Rule permits public dissemination of information concerning a lawyer's name or firm name, address and telephone number; the kinds of services the lawyer will undertake; the basis on which the lawyer's fees are determined, including prices for specific services and payment and credit arrangements; a lawyer's foreign language ability; names of references and, with their consent, names of clients regularly represented; and other information that might invite the attention of those seeking legal assistance.
[3]Questions of effectiveness and taste in advertising are matters of speculation and subjective judgment. Some jurisdictions have had extensive prohibitions against television advertising, against advertising going beyond specified facts about a lawyer, or against "undignified" advertising. Television is now one of the most powerful media for getting information to the public, particularly persons of low and moderate income; prohibiting television advertising, therefore, would impede the flow of information about legal services to many sectors of the public. Limiting the information that may be advertised has a similar effect and assumes that the bar can accurately forecast the kind of information that the public would regard as relevant. Similarly, electronic media, such as the Internet, can be an important source of information about legal services, and lawful communication by electronic mail is permitted by this Rule. But see Rule 7.3(a) of these Rules for the prohibition against the solicitation of a prospective client through a real-time electronic exchange that is not initiated by the prospective client.
[4]Neither this Rule nor Rule 7.3 of these Rules prohibits communications authorized by law, such as notice to members of a class in class action litigation.
Paying Others to Recommend a Lawyer
[5]Lawyers are not permitted to pay others for channeling professional work. Paragraph (b)(1), however, allows a lawyer to pay for advertising and communications permitted by this Rule, including the costs of print directory listings, on-line directory listings, newspaper ads, television and radio airtime, domain-name registrations, sponsorship fees, banner ads, and group advertising. A lawyer may compensate employees, agents, and vendors who are engaged to provide marketing or client-development services, such as publicists, public-relations personnel, business-development staff, and website designers. See Rule 5.3 of these Rules for the duties of lawyers and law firms with respect to the conduct of nonlawyers who prepare marketing materials for them.
[6]A lawyer may pay the usual charges of a prepaid legal services plan, not-for-profit lawyer referral service, or qualified legal assistance organization. A prepaid legal service plan is a group legal service plan in which the cost of the services are prepaid by the group member or by some other person or organization on the member’s behalf. It is a plan by which legal services are rendered to individual members of a group identifiable in terms of some common interest and must otherwise satisfy the requirements of Hawai‘i Revised Statutes Chapter 488. A lawyer may also share legal fees with a not-for-profit lawyer referral service that recommended employment of the lawyer in the matter, as permitted by Rule 5.4(a)(4) of these Rules. See Rule 1.0(h) (Terminology) section for the definition of “Qualified legal assistance organization.”
[7]A lawyer who accepts assignments or referrals from a legal service plan or referrals from a lawyer referral service must act reasonably to assure that the activities of the plan or service are compatible with the lawyer’s professional obligations. See Rule 5.3 of these Rules. Legal service plans and lawyer referral services may communicate with prospective clients, but such communication must be in conformity with these Rules. Thus, advertising must not be false or misleading, as would be the case if the communications of a group advertising program or a group legal services plan would mislead prospective clients to think that it was a lawyer referral service sponsored by a state agency or bar association. Nor could the lawyer allow in-person telephonic, or real-time contacts that would violate Rule 7.3 of these Rules.
[8]A lawyer also may agree to refer clients to another lawyer or a nonlawyer professional, in return for the undertaking of that person to refer clients or customers to the lawyer. Such reciprocal referral arrangements must not interfere with the lawyer’s professional judgment as to making referrals or as to providing substantive legal services. See Rules 2.1 and 5.4(c) of these Rules. Except as provided in Rule 1.5(e) of these Rules, a lawyer who receives referrals from a lawyer or nonlawyer professional must not pay anything solely for the referral, but the lawyer does not violate paragraph (b) of this Rule by agreeing to refer clients to the other lawyer or nonlawyer professional, so long as the reciprocal referral agreement is not exclusive and the client is informed of the referral agreement. Conflicts of interest created by such arrangements are governed by Rule 1.7 of these Rules. Reciprocal referral agreements should not be of indefinite duration and should be reviewed periodically to determine whether they comply with these Rules. This Rule does not restrict referrals or divisions of revenues or net income among lawyers within firms comprised of multiple entities.
Source(s):
http://www.courts.state.hi.us/docs/court_rules/rules/hrpcond.htm#Rule7.2
The Idaho Rules of Professional Conduct allow lawyers to “advertise services through written, recorded or electronic communication, including public media,” but do not impose any advertising reporting requirements to the Idaho State Bar.
Source(s):
https://isb.idaho.gov/pdf/rules/irpc.pdf
The Illinois Rules of Professional Conduct allow lawyers to advertise legal services through media, including published and online directories, but do not impose any advertising reporting requirements to the Illinois State Bar.
Source(s):
https://www.isba.org/sites/default/files/ethicsopinions/94-12.pdf
http://www.courts.state.hi.us/docs/court_rules/rules/hrpcond.htm#Rule7.2
The Indiana Rules of Professional Conduct allow a lawyer to “advertise services through written, recorded or electronic communication, including public media, but do not impose any advertising reporting requirements to the Indiana State Bar.
Source(s):
http://www.in.gov/judiciary/rules/prof_conduct/index.html#_Toc418253558
The Iowa Rules of Professional Conduct allow a lawyer to “advertise services through written, recorded, or electronic communication, including public media,” but do not impose any advertising reporting requirements to the Iowa State Bar.
Source(s):
https://www.legis.iowa.gov/docs/ACO/CourtRulesChapter/12-31-2012.32.pdf
The Kansas Rules of Professional Conduct allow a lawyer to “advertise services through written, recorded, or electronic communication, including public media,” but do not impose any advertising reporting requirements to the Kansas State Bar.
Source(s):
http://www.kscourts.org/rules/Rule-Info.asp?r1=Rules+Relating+to+Discipline+of+Attorneys&r2=9
The Kentucky Rules of Professional Conduct allow a lawyer to “advertise services through written, recorded, or electronic communication, including public media,” but do not impose any advertising reporting requirements to the Kentucky State Bar.
Source(s):
https://c.ymcdn.com/sites/www.kybar.org/resource/resmgr/SCR3/SCR_3.130_(7.03).pdf
The Louisiana Rules of Professional Conduct, Rule 7.2(c) require “any lawyer who advertises services through any public media or through unsolicited written communications sent in compliance with Rule 7.4 or 7.6(c) shall file a copy of each such advertisement or unsolicited written communication with the Committee for evaluation of compliance with these Rules. The copy shall be filed either prior to or concurrently with the lawyers first dissemination of the advertisement or unsolicited written communication and shall be accompanied by the information and fee specified in subdivision (d) of this Rule. If the lawyer has opted to submit an advertisement or unsolicited written communication in advance of dissemination, in compliance with subdivision (b) of this Rule, and the advertisement or unsolicited written communication is then found to be in compliance with the Rules, that voluntary advance submission shall be deemed to satisfy the regular filing requirement set forth above.”
Attorney Directory Exemptions: The Louisiana Rules of Professional Conduct do not explicitly exempt web-based directories from the advertising filing requirements. However, the following are exempt from the filing and review requirements:
(a) any advertisement or unsolicited written communication that contains only content that is permissible under Rule 7.2(b).
(b) a brief announcement in any public media that identifies a lawyer or law firm as a contributor to a specified charity or as a sponsor of a public service announcement or a specified charitable, community, or public interest program, activity, or event, provided that the announcement contains no information about the lawyer or law firm other than permissible content of advertisements listed in Rule 7.2(b) and the fact of the sponsorship or contribution. following are criteria that may be considered:
(1) whether the content of the announcement appears to serve the particular interests of the lawyer or law firm as much as or more than the interests of the public;
(2) whether the announcement contains information concerning the lawyer’s or law firm’s area(s) of practice, legal background, or experience;
(3) whether the announcement contains the address or telephone number of the lawyer or law firm;
(4) whether the announcement concerns a legal subject;
(5) whether the announcement contains legal advice; and
(6) whether the lawyer or law firm paid to have the announcement published.
(c) A listing or entry in a law list or bar publication.
(d) A communication mailed only to existing clients, former clients, or other lawyers.
(e) Any written communications requested by a prospective client.
(f) Professional announcement cards stating new or changed associations, new offices, and similar changes relating to a lawyer or law firm, and that are mailed only to other lawyers, relatives, close personal friends, and existing or former clients.
(g) Computer-accessed communications as described in subdivision (b) of Rule 7.6.
(h) Gift/Promotional Items. Items, such as coffee mugs, pens, pencils, apparel, and the like, that identify a lawyer or law firm and are used/disseminated by a lawyer or law firm not in violation of these Rules, including but not limited to Rule 7.2(c)(13) and Rule 7.4; and
(i) Office Sign(s) for Bona Fide Office Location(s). A sign, placard, lettering, mural, engraving, carving or other alphanumeric display conveying information about a lawyer, a lawyers services or a law firms services that is permanently affixed, hanging, erected or otherwise attached to the physical structure of the building containing a bona fide office location for a lawyer or law firm, or to the property on which that bona fide office location sits.”
Source(s):
http://files.lsba.org/documents/LawyerAdvertising/AdvertisingRulesEffective06022016.pdf
The Maine Rules of Professional Conduct allow a lawyer to “advertise services through written, recorded, or electronic communication, including public media,” but do not impose any advertising reporting requirements to the Maine State Bar.
Source(s):
http://mebaroverseers.org/regulation/bar_rules.html?id=88271
The Maryland Rules of Professional Conduct allow an attorney to “advertise services through public media, such as a telephone directory, legal directory, newspaper or other periodical, outdoor, radio or television advertising, or through communications not involving in person contact,” but do not impose any advertising reporting requirements to the Maryland State Bar.
Source(s):
https://govt.westlaw.com/mdc/Document/N37B79C803C0211E6A91396A739D63AEE?viewType=FullText/
The Massachusetts Rules of Professional Conduct allow lawyers to “advertise services through public media, such as a telephone directory, legal directory including an electronic or computer-accessed directory, newspaper or other periodical, outdoor advertising, radio or television, or through written communication not involving solicitation prohibited in Rule 7.3,” but do not impose any advertising reporting requirements to the Massachusetts State Bar.
Source(s):
https://www.mass.gov/supreme-judicial-court-rules/rules-of-professional-conduct-rule-72-advertising
Advertising:
(a) Subject to the provisions of these rules, a lawyer may advertise.
(b) A copy or recording of an advertisement or communication shall be kept for two
years after its last dissemination along with a record of when and where it was used.
(c) A lawyer shall not give anything of value to a person for recommending the
lawyer's services, except that a lawyer may:
(i) pay the reasonable cost of advertising or communication permitted by this rule;
(ii) participate in, and pay the usual charges of, a not-for-profit lawyer referral service or other legal service organization that satisfies the requirements of Rule 6.3(b); and
(iii) pay for a law practice in accordance with Rule 1.17.
Comment:
To assist the public in obtaining legal services, lawyers should be allowed to make known their services not only through reputation but also through organized information campaigns in the form of advertising. Advertising involves an active quest for clients, contrary to the tradition that a lawyer should not seek clientele. However, the public's need to know about legal services can be fulfilled in part through advertising. This need is particularly acute in the case of persons of moderate means who have not made extensive use of legal services. The interest in expanding public information about legal services ought to prevail over considerations of tradition. Nevertheless, advertising by lawyers entails the risk of
practices that are misleading or overreaching.
Neither this rule nor Rule 7.3 prohibits communications authorized by law, such as notice to members of a class in a class action.
RECORD OF ADVERTISING
Paragraph (b) requires that a record of the content and use of advertising be kept in order to facilitate enforcement of these rules.
PAYING OTHERS TO RECOMMEND A LAWYER
A lawyer is allowed to pay for advertising permitted by these rules and for the purchase of a law practice in accordance with the provisions of MRPC 1.17, but otherwise is not permitted to pay another person for channeling professional work. But see MRPC 1.5(e). This restriction does not prevent an organization or person other than the lawyer from advertising or recommending the lawyer's services. Thus, a legal aid agency or prepaid legal services plan may pay to advertise legal services provided under its auspices. Likewise, a lawyer may participate in not-for-profit lawyer referral programs and pay the usual fees charged by such programs.
Paragraph (c) does not prohibit paying regular compensation to an assistant, such as a secretary, to prepare communications permitted by these rules.
Source(s):
http://courts.mi.gov/courts/michigansupremecourt/rules/documents/michigan%20rules%20of%20professional%20conduct.pdf
a) Subject to the requirements of Rules 7.1 and 7.3, a lawyer may advertise services through written, recorded, or electronic communications, including public media.
(b) A lawyer shall not give anything of value to a person for recommending the lawyer’s services except that a lawyer may
(1) pay the reasonable costs of advertisements or communications permitted by this rule;
(2) pay the usual charges of a legal service plan or a not-for-profit lawyer referral service;
(3) pay for a law practice in accordance with Rule 1.17; and
(4) refer clients to another lawyer or a nonlawyer professional pursuant to an agreement not otherwise prohibited under these rules that provides for the other person to refer clients or customers to the lawyer, if (i) the reciprocal referral agreement is not exclusive, and (ii) the client is informed of the existence and nature of the agreement.
(c) Any communication made pursuant to this rule shall include the name of at
least one lawyer or law firm responsible for its content.
Source(s):
http://lprb.mncourts.gov/rules/Documents/MN%20Rules%20of%20Professional%20Conduct.pdf
Attorney Directory Exemptions: The Mississippi Policies and Procedures for the Submission of Advertisements to the Office of General Counsel for the Mississippi Bar, “a copy or recording of any advertisement to be published shall be submitted to the Office of General Counsel of the Mississippi Bar (OGCMB) prior to its first dissemination.”
Each submission of advertising must including the following information:
a copy of the advertisement or communication in the form or forms in which it is to be disseminated;
a transcript, if the advertisement or communication is on videotape or audiotape;
a statement of when and where the advertisement has been, is, or will be used.
Web-based directories are not specifically exempt from the above-referenced filing requirements. However, the following are exempt from the requirements:
- Any advertisement that contains no illustrations and no information other than that set forth in Rules 7.2 and 7.4 (name, location, etc.);
- Any telephone directory advertisement;
- Notices or announcements that do not solicit clients, but rather state new or changed associations or membership of firms, changed location of offices, the opening of new offices, and similar changes relating to a lawyer or law firm;
- Professional business cards or letterhead;
- On premises office signage;
- Notices and paid listings in law directories addressed primarily to other members of the legal profession;
- Advertisements in professional, trade, academic, resource or specialty publications circulated to specific subscribing audiences rather than the general public at large that announce the availability of a lawyer or law firm to practice a particular type of law in many jurisdictions and that are not for the purpose of soliciting clients to commence or join in specific litigation to be performed in Mississippi;
- Internet Web pages viewed via a Web browser, in a search initiated by a person without solicitation.
- Informative or scholarly writings in professional, trade or academic publications;
- A communication mailed only to existing clients, former clients or other lawyers;
- Any written communications requested by a prospective client; and,
- Any notices or publications required by law.
Source(s):
http://www.msbar.org/ethics-discipline/lawyer-advertising-rule-75/policies-procedures-for-lawyer-advertising.aspx
The Missouri Rules of Professional Conduct allow lawyers to “advertise services through public media, such as a telephone directory, legal directory, newspaper or other periodical, outdoor advertising, radio, or television, or through direct mail advertising distributed generally to persons not known to need legal services of the kind provided by the lawyer in a particular matter,” but do not impose any advertising reporting requirements to the Missouri State Bar. Pursuant to 4-7.1, MRPC, all advertisements must be truthful and not misleading.
Source(s):
http://www.courts.mo.gov/courts/ClerkHandbooksP2RulesOnly.nsf/c0c6ffa99df4993f86256ba50057dcb8/9ec523dc894bc66d86256ca60052120f
The Montana Rules of Professional Conduct allow a lawyer to “advertise services through written, recorded or electronic communication, including public media,” but do not impose any advertising reporting requirements to the Montana State Bar.
Source(s):
http://c.ymcdn.com/sites/www.montanabar.org/resource/resmgr/attorney_rules_and_regulations/rules_of_professional_conduc.pdf
he Nebraska Rules of Professional Conduct allow a lawyer to advertise services through written, recorded or electronic communication, including public media,” but do not impose any advertising reporting requirements to the Nebraska State Bar. Pursuant to 3-507.1, NRPC, all advertisements must be truthful and not misleading.
Source(s):
https://supremecourt.nebraska.gov/supreme-court-rules
The State Bar of Nevada has established a Lawyer Advertising Advisory Committee to review all lawyer advertising and ensure compliance with Nevada Rules of Professional Conduct and Supreme Court Rules. Pursuant to Rule 7.2A, NRPC, “A copy or recording of an advertisement or written or recorded communication published after September 1, 2007, shall be submitted to the state bar in either physical or digital format within 15 days of first dissemination along with a form supplied by the state bar. If a published item that was first disseminated prior to September 1, 2007, will continue to be published after this date, then it must be submitted to the state bar on or before September 17, 2007, along with a form supplied by the state bar.”
Attorney Directory Exemptions: The Nevada Rules of Professional Conduct do not contain any explicit exemption for online directories.
Source(s):
https://www.leg.state.nv.us/courtrules/rpc.htmlg
The New Hampshire Rules of Professional Conduct allow lawyers to advertise legal services through written, recorded or electronic communication, including public media, but do not impose any advertising reporting requirements to the New Hampshire State Bar. Pursuant to 7.1, NHRPC, all advertisements must be truthful and not misleading.
Source(s):
https://www.courts.state.nh.us/rules/pcon/pcon-7_2.htm
The New Jersey Rules of Professional Conduct allow lawyers to “advertise services through written, recorded or electronic communication, including public media,” but do not impose any advertising reporting requirements to the New Jersey State Bar.
Source(s):
https://www.njcourts.gov/
The New Mexico Rules of Professional Conduct allow a lawyer to “advertise services through public media, such as a telephone directory, legal directory, newspaper or other periodical, outdoor billboards or signs, radio or television, internet or through other written or electronic communication,” but do not impose any advertising reporting requirements to the New Mexico State Bar.
Source(s):
https://www.law.cornell.edu/ethics/nm/code/NM_CODE.htm
The New York Rules of Professional Conduct allow lawyers to advertise, but do not impose any advertising reporting requirements to the New York State Bar.
Source(s):
www.nycourts.gov/rules/jointappellate/ny-rules-prof-conduct-1200.pdf
The North Carolina Rules of Professional Conduct allow a lawyer to “advertise services through written, recorded or electronic communication, including public media,” but do not speak directly to lawyer advertising reporting requirements.
Source(s):
https://www.ncbar.gov/for-lawyers/ethics/rules-of-professional-conduct/rule-72-advertising/
http://www.ncbar.gov/for-lawyers/ethics/adopted-opinions/rpc-241/
The North Dakota Rules of Professional Conduct allow a lawyer to market and advertise legal services through media, including published and on-line directories; newspapers, newsletters and other periodicals; outdoor advertising; electronic advertising, including radio, television, video and the Internet; and through text-based written and electronic communications,” but do not contain any self-reporting requirements regarding lawyer advertising.
Source(s):
http://www.ndcourts.gov/rules/conduct/frameset.htm
The Ohio Rules of Professional Conduct allow lawyers to advertise legal services through written, recorded or electronic communication, including online directories, but do not impose any advertising reporting requirements to the Ohio State Bar. Pursuant to 7.1, ORPC, all advertisements must be truthful and not misleading.
Source(s):
http://www.supremecourt.ohio.gov/LegalResources/Rules/ProfConduct/profConductRules.pdf (p.160)
The Oklahoma Rules of Professional Conduct allow lawyers to advertise services through written, recorded, or electronic communication, including public media,” but do not impose any advertising reporting requirements to the Oklahoma State Bar.
Source(s):
http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=449003
The Oregon Rules of Professional Conduct allow lawyers to advertise services through written, recorded or electronic communication, including public media,” but do not impose any advertising reporting requirements to the Oregon State Bar.
Source(s):
https://www.osbar.org/_docs/rulesregs/orpc.pdf (p.30)
The Pennsylvania Rules of Professional Conduct allow lawyers to advertise services through written, recorded or electronic communication, including public media,” but do not impose any advertising reporting requirements to the Pennsylvania State Bar.
Source(s):
http://www.pacode.com/secure/data/204/chapter81/s7.2.html
he Rhode Island Rules of Professional Conduct, Rule 7.2, allow lawyers to advertise services through written, recorded or electronic communication, including public media.” Pursuant to Rule 7.2(b), RIRPC, copy of each print advertisement (other than yellow page advertisements), a recording of each radio advertisement, and a videotape of each television advertisement shall be sent to the Supreme Court Disciplinary Counsel prior to or within 48 hours of the first dissemination of such advertisement and another copy of each print advertisement (including yellow page advertisement), recording of each radio advertisement and videotape of each television advertisement shall be retained by the lawyer for three years after its last dissemination along with a record of when and where it was used.”
Source(s):
https://www.courts.ri.gov/PublicResources/disciplinaryboard/PDF/Article5.pdf
The South Carolina Rules of Professional Conduct allow lawyers to advertise services through written, recorded or electronic communication, including public media,” but do not impose any advertising reporting requirements to the South Carolina Bar.
Source(s):
http://www.sccourts.org/courtReg/
The South Dakota Rules of Professional Conduct allow lawyers to advertise legal services through written, recorded, internet, computer, e-mail or other electronic communication, including public media, such as a telephone directory, legal directory, newspapers or other periodicals, billboards and other signs, radio, television and other electronic media, and recorded messages the public may access by dialing a telephone number, or through other written or recorded communication,” but do not impose any advertising reporting requirements to the South Dakota Bar.
Source(s):
http://www.sdlegislature.gov/Statutes/Codified_Laws/DisplayStatute.aspx
The Tennessee Rules of Professional Conduct allow lawyers to advertise services through written, recorded or electronic communication, including public media,” but do not impose any advertising reporting requirements to the Tennessee State Bar.
Source(s):
https://www.tncourts.gov/rules/supreme-court/8
Our Advertising Review Department is responsible for reviewing attorney and law firm advertisements and solicitation communications as required by Part VII of the Texas Disciplinary Rules of Professional Conduct.
Attorney Directory Exemptions: A lawyer or law firms listing on a web-based directory that is accessible by the public shall be exempt from the filing requirements of Rule 7.07 if it meets the requirements of 7.07(e)
Source(s):
https://www.texasbar.com/Content/NavigationMenu/ForLawyers/MembershipInformation/AdvertisingReview2/default.htm
https://www.texasbar.com/AM/Template.cfm?Section=Advertising_Review4&Template=/CM/ContentDisplay.cfm&ContentID=12093
The Utah Rules of Professional Conduct allow lawyers to advertise services through written, recorded or electronic communication, including public media,” but do not impose any advertising reporting requirements to the Utah State Bar.
Source(s):
https://www.utcourts.gov/resources/rules/ucja/ch13/7_2.htm
The Vermont Rules of Professional Conduct allow lawyers to advertise services through written, recorded or electronic communication, including public media,” but do not impose any advertising reporting requirements to the Vermont State Bar.
Source(s):
https://vtbarcounsel.wordpress.com/rules-of-professional-conduct/ (7.2, VRPC)
The Virginia Rules of Professional Conduct allow lawyers to advertise legal services, but do not impose any advertising reporting requirements to the Virginia State Bar.
Source(s):
http://www.vsb.org/pro-guidelines/index.php/rules/information-about-legal-services/
http://www.vsb.org/site/regulation/advertising-and-solicitation/#prescreening
The Washington Rules of Professional Conduct allow lawyers to advertise services through written, recorded or electronic communication, including public media,” but do not impose any advertising reporting requirements to the Washington State Bar.
Source(s):
https://www.courts.wa.gov/court_rules/
(a) A lawyer shall not make a false or misleading communication about the lawyer or the lawyer’s services. A communication is false or misleading if it:
(1) Contains a material misrepresentation of fact or law, or omits a fact necessary to make the statement considered as a whole not materially misleading; or
(2) Contains an assertion about the lawyer or the lawyer’s services that cannot be substantiated.
(b) A lawyer shall not seek by in-person contact, employment (or employment of a partner or associate) by a nonlawyer who has not sought the lawyer’s advice regarding employment of a lawyer, if:
(1) The solicitation involves use of a statement or claim that is false or misleading, within the meaning of paragraph (a);
(2) The solicitation involves the use of coercion, duress or harassment; or
(3) The potential client is apparently in a physical or mental condition which would make it unlikely that the potential client could exercise reasonable, considered judgment as to the selection of a lawyer.
(c) A lawyer shall not pay money or give anything of material value to a person (other than the lawyer's partner or employee) in exchange for recommending the lawyer's services except that a lawyer may:
(1) Pay the reasonable costs of advertisements or communications permitted by this Rule;
(2) Pay the usual and reasonable fees or dues charged by a legal service plan or a lawyer referral service;
(3) Pay for a law practice in accordance with Rule 1.17;and
(4) Refer clients to another lawyer or nonlawyer professional pursuant to an agreement not otherwise prohibited under these Rules that provides for the other person to refer clients or customers to the lawyer, if:
(A) The reciprocal agreement is not exclusive, and
(B) The client is informed of the existence and nature of the agreement.
(d) A lawyer shall not knowingly assist an organization that furnishes or pays for legal services to others to promote the use of the lawyer’s services or those of the lawyer’s partner or associate, or any other lawyer affiliated with the lawyer or the lawyer’s firm, as a private practitioner, if the promotional activity involves the use of coercion, duress, compulsion, intimidation, threats, or vexatious or harassing conduct.
(e) No lawyer or any person acting on behalf of a lawyer shall solicit or invite or seek to solicit any person for purposes of representing that person for a fee paid by or on behalf of a client or under the Criminal Justice Act, D.C. Code Ann. §11-2601 (2001) et seq., in any present or future case in the District of Columbia Courthouse, on the sidewalks on the north, south, and west sides of the courthouse, or within 50 feet of the building on the east side.
(f) Any lawyer or person acting on behalf of a lawyer who solicits or invites or seeks to solicit any person incarcerated at the District of Columbia Jail, the Correctional Treatment Facility or any District of Columbia juvenile detention facility for the purpose of representing that person for a fee paid by or on behalf of that person or under the Criminal Justice Act, D.C. Code Ann. §11-2601 (2001) et seq., in any then-pending criminal case in which that person is represented, must provide timely and adequate notice to the person’s then-current lawyer prior to accepting any fee from or on behalf of the incarcerated person.
Source(s):
https://www.dcbar.org/bar-resources/legal-ethics/amended-rules/rule7-01.cfm
The West Virginia Rules of Professional Conduct allow lawyers to advertise services through written, recorded or electronic communication, including public media,” but do not impose any advertising reporting requirements to the West Virginia State Bar.
Source(s):
http://www.courtswv.gov/legal-community/court-rules/professional-conduct/rule7.html#rule7.2
The Wisconsin Rules of Professional Conduct allow lawyers to advertise services through written, recorded or electronic communication, including public media,” but do not impose any advertising reporting requirements to the Wisconsin State Bar.
Source(s):
https://docs.legis.wisconsin.gov/misc/scr/20.pdf
The Wyoming Rules of Professional Conduct allow lawyers to advertise services through written, recorded or electronic communication, including public media,” but do not impose any advertising reporting requirements to the Wyoming State Bar.
Source(s):
https://www.courts.state.wy.us/Documents/CourtRules/Rules/RULES_OF_PROFESSIONAL_CONDUCT_FOR_ATTORNEYS_AT_LAW.pdf