Ethics Hotline & Opinions

Ethics Docket No. 1995-07

MARYLAND STATE BAR ASSOCIATION, INC.

COMMITTEE ON ETHICS

ETHICS DOCKET NO. 1995-07

Advertising/Solicitation -- Does use of marketing and telephone locator services violate Rules of Professional Conduct?

The Committee on Ethics will only issue opinions on the proper interpretation of the Maryland Rules of Professional Conduct. The Committee is therefore unable to address substantively the omnibus issues presented by you which generally appear to relate to advertising and solicitation in conjunction with the use of a marketing and telephone locator service. Additionally, it is the policy of the Committee to not pass on the details of a proposed business activity, interpretation of a contract, fee arrangements, and similar matters. Furthermore, the Committee neither approves nor disapproves advertising or advertising copy.

It is impossible to tell from the Agreement what services are being provided and the precise nature of the relationship between you and Source-I Marketing, Inc. If you so desire, you may write us describing with specificity the precise nature of your venture, which party will be providing what type of services, and all other facts about which you may seek an opinion.

The Committee suggests that you thoroughly review Rules 7.1, 7.2, and 7.3 of the Maryland Rules of Professional Conduct in the context of your contractual relationship with Source-1 Marketing, Inc. and the services to be rendered along with the advertising of those services and solicitation of clients. I have enclosed a photocopy of Opinions 88-61 and 85-17 which discuss computer generated or voice-recorded communications. Please note that these Opinions were set forth in the context of the former Ethics Code and Disciplinary Rules.

References: Ethics Dockets  1985-17 and  1988-61

 

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to the rules of professional conduct, and future opinions of this Committee may render the Opinions stated herein outdated.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.