Ethics Hotline & Opinions

ETHICS DOCKET 1991-36 

 

MARYLAND STATE BAR ASSOCIATION, INC.
COMMITTEE ON ETHICS
ETHICS DOCKET NO. 1991-36

 

Placement of business cards

 

You have inquired whether an attorney may ethically place the attorney’s professional business cards in a cardholder prominently displayed at a business location other than the attorney’s office.  You also inquire whether it matters if the above is done at the attorney’s own initiative or by request of a friend or family member.
It is the opinion of this Committee that an attorney leaving his business cards at the business place of another is a permissible form of lawyer advertising pursuant to Rule 7.2 of the Maryland Rules of Professional Conduct.
“Rule 7.2   Advertising
Subject tot he requirements of Rules 7.1 and 7.3(b), a lawyer may 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.
A copy of recording of an advertisement or such other communication shall be kept for at least three years after its last dissemination along with a record of when and where it was used.
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 advertising or written communication permitted by this rule and may pay the usual charges of a not-for-profit lawyer referral service or other legal service organization.
Any communication made pursuant to this rule shall include the name of at least one lawyer responsible for its content.
A lawyer, including a participant in an advertising group or lawyer referral service or other program involving communications concerning the lawyer’s services, shall be personally responsible for compliance with the provisions of Rules 7.1, 7.2, 7.3, 7.4, and 7.5 and shall be prepared to substantiate such compliance.”
This Committee is also of the opinion that it is immaterial whether the placement of professional cards are placed on the attorney’s initiative or at the request of a friend or family member.


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.