Ethics Hotline & Opinions

Ethics Docket No. 1995-18

MARYLAND STATE BAR ASSOCIATION, INC.

COMMITTEE ON ETHICS

ETHICS DOCKET NO. 1995-18

Advertising: proposed yellow pages ad

 

In your letter you asked for the Committee's opinion on proposed advertisements which you intend to place in The Yellow Pages phone book. You asked whether these ads are in compliance with or violate the Maryland Rules of Professional Conduct. 

It is the policy of the Committee not to approve proposed advertising copy, fee agreements or other similar matter, as such, but instead the Committee will opine as to whether such materials contain statements which violate the Maryland Rules. In any event, our failure to comment on all or any part of a proposed advertisement should not be viewed as an endorsement or approval by the Committee of such proposed advertisement.

We recommend that you review Rule 7.1 (Communications Concerning a Lawyer's Services) , Rule 7.2 (Advertising) and Rule 7.4 (Communication of Fields of Practice) to determine whether your proposed advertising copy is in compliance with the Rules. We note specifically Rule 7.1 which states:

""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 a n u n j u s t i f i e d expectation about results the lawyer can achieve....""

While your advertisement does not expressly address specific results you might achieve on behalf of a client, the question ""were you arrested?"", followed by the phrase""if your life depends on it ... call us!"" might implicitly create an unjustified expectation that you are able to achieve a specific result on behalf of a client who has been arrested. It is the Committee's opinion that this form of advertising comes very close to violating Rule 7. 1 (b) , and we would recommend that you avoid using such advertising.

Rule 7.4 states that ""[a] lawyer may communicate the fact that the lawyer does or does not practice in particular fields of law, subject to the requirements of Rule 7.1. Your proposed advertisement lists a variety of practice areas. The Committee cautions you that it might be materially misleading to list a particular practice area unless you (or another firm attorney) has the requisite competence to practice in the particular field oflaw.

 

 

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.