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Information About Legal Services.
Rule 7.1 Communications
concerning a lawyer's services.
Rule 7.2 Advertising.
Rule
7.3 Direct contact with prospective clients.
Rule 7.4
Communication of fields of practice.
Rule 7.5 Firm names
and letterheads.
INFORMATION ABOUT LEGAL SERVICES
Rule 7.1. Communications
concerning a lawyer's services.
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:
(a) contains a material misrepresentation of fact or law, or omits
a fact necessary to make the statement considered as a whole not
materially misleading;
(b) is likely to create an unjustified expectation about results
the lawyer can achieve, or states or implies that the lawyer can
achieve results by means that violate the Rules of Professional
Conduct or other law; or
(c) compares the lawyer's services with other lawyer's services,
unless the comparison can be factually substantiated.
Rule 7.2. Advertising.
(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 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 pay the reasonable
cost of advertisements or communications permitted by this rule;
may pay the usual charges of a not-for-profit lawyer referral service
or other legal service organization; and may 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. (Amended
by order entered December 15, 1988, effective January 1, 1989; and
by order entered January 16, 1997, effective February 1, 1997. )
Rule 7.3. Direct contact
with prospective clients.
(a) A lawyer shall not by in-person or telephone contact
solicit professional employment from a prospective client with whom
the lawyer has no family or prior professional relationship when
a motive for the lawyer's doing so is the lawyer's pecuniary
gain.
(b) A lawyer shall not solicit professional employment from a prospective
client by written or recorded communication or by in-person or telephone
contact even when not otherwise prohibited by paragraph (a), if:
(1) the prospective client has made known to the lawyer a desire
not to be solicited by the lawyer; or
(2) the solicitation involves coercion, duress or harassment.
(c) Every written or recorded communication from a lawyer soliciting
professional employment from a prospective client known to be in
need of legal services in a particular matter shall include the
words" Advertising Material" on the outside envelope and
at the beginning and ending of any recorded communication and shall
be maintained as required by Rule 7.2(b). (Adopted by order entered
December 15. 1988. effective January 1, 1989.)
Rule 7.4. Communication of fields
of practice.
A lawyer may communicate the fact that the lawyer
does or does not practice in particular fields of law. A lawyer
shall not state or imply that the lawyer is a specialist except
as follows:
(a) a lawyer admitted to engage in patent practice before the United
States Patent and Trademark Office may use the designation "Patent
Attorney" or a substantially similar designation;
(b) a lawyer engaged in Admiralty practice may use the designation
"Admiralty'" "Proctor in Admiralty" or a
substantially similar designation.
Rule 7.5. Firm names and letterheads.
(a) A lawyer shall not use a firm name, letterhead
or other professional designation that violates Rule 7.1. A trade
name may be used by a lawyer in private practice if it does not
imply a connection with a government agency or with a public or
charitable legal services organization and is not otherwise in violation
of Rule 7.1.
(b) A law firm with offices in more than one jurisdiction may use
the same name in each jurisdiction, but identification of the lawyers
in an office of the firm shall indicate the jurisdictional limitations
on those not licensed to practice in the jurisdiction where the
office is located.
(c) The name of a lawyer holding a public office shall not be used
in the name of a law firm, or in communications on its behalf, during
any substantial period in which the lawyer is not actively and regularly
practicing with the firm.
(d) Lawyers may state or imply that they practice in a partnership
or other organization only when that is the fact. (Amended by order
entered June 26, 1990. effective July 1, 1990.)
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