Ethics Hotline & Opinions

Ethics Docket No. 1990-32

MARYLAND STATE BAR ASSOCIATION, INC.

COMMITTEE ON ETHICS

ETHICS DOCKET NO. 1990-32

Laymen's "how to" book

 

Your letter asks the Ethics Committee to review your book, entitled, "The 250 Most Asked Legal Questions," and determine whether you have "run afoul of any ethical considerations."

First, the Committee on Ethics does not review items submitted for accuracy and content. You are solely responsible for the accuracy and content of anything you intend to publish.

That having been said, you should review Rules 7.1 - 7.5 of the Maryland Rules of Professional Responsibility to determine if your publication meets those rules.

Rule 7.1 requires that when you advertise your services, you are not allowed to make "false or misleading communications." Rule 7.2 requires that you maintain a copy of any advertisement "or such other communication" for at least 3 years, and provide in the document the name of one lawyer responsible for its content. Please note that you are "personally responsible" for compliance with Rules 7.1, 7.2, 7.3, 7.4 and 7.5.

Please also note that Ethical Consideration 2.5 issued by the American Bar Association Committee on Ethics and Professional Responsibility provides that "a lawyer who writes or speaks for the purpose of educating members of the public to recognize their legal problems should carefully refrain from giving or appearing to give a general solution applicable to all apparently similar individual problems, since slight changes in fact situations may require a material variance in the applicable advice; otherwise, the public may be misled and misadvised."

 

DISCLAIMER: Opinions of the Maryland State Bar Association (MSBA) Ethics Committee are an uncompensated service of the MSBA. This Committee’s opinions are not binding on the Maryland Court of Appeals, Maryland Attorney Grievance Commission, MSBA or this Committee. The reader is advised that subsequent judicial opinions, revisions to the rules of professional conduct, and future opinions of this Committee may render the Opinions stated herein outdated. As such, the Committee’s opinions are advisory only and neither the Committee nor the MSBA assumes any liability whatsoever with respect thereto. Accordingly, reliance upon the opinions of this Committee is solely at the risk of the user.