MARYLAND STATE BAR ASSOCIATION, INC.
COMMITTEE ON ETHICS
ETHICS DOCKET NO. 2000-08
You state that your firm is in the process of putting together a web page. For many years, your firm has represented many of the Fraternal Order of Police lodges in your area, handling labor matters, disciplinary and constitutional issues, pension matters, etc. As part of your firm's web page, you would like to use the slogan: "The law firm that serves law enforcement." Additionally, your firm is considering a firm logo which would consist of a generic appearing police badge or shield with just the word "Police" on it or some other related item associated with law enforcement.
You specifically ask the Committee to consider whether either the slogan or logo would be pernlissible. The Committee does not review materials for their compliance with the Maryland Rules of Professional Conduct and does not render opinions as to the proposed content of adveliising.
We would refer you, however, to the Maryland Rules of Professional Conduct which regulate lawyer advertising in Rules 7.1,7.2, 7.3, 7.4, and 7.5.
A Web page would be subject to the Maryland lawyer advertising regulations as set forth in the aforementioned Rules. It would not be a violation ofthe Maryland Rules of Professional Conduct for you to advertise on the Internet provided, however, that you keep jurisdictional issues in mind. That is, if you are advertising in jurisdictions where neither you nor any member of your firm is licensed to practice law, this could be a violation of Rule 8.5. The website advertisement should therefore identify specifically the state(s) in which you (or any member of your firm) are authorized to practice. (See Ethics Docket 97-26, a copy of which is being provided to you).
As to the content, Rule 7.1 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 an unjustified expectation about results by means that violate the rules ofprofessional conduct or other law; or
(c) compares the lawyer's services with other lawyers' services, unless the
comparison can be factually substantiated.
Additionally, the Comments to Rule 7.5 indicate that:
"A lawyer in private practice may not practice under a name which implies any connection with the government or any agency of the federal government, any state or any political subdivision, or with a public or charitable legal services organization. This is to prevent a situation where nonlawyers might conclude that they are dealing with an agency established or sanctioned by the government, or one funded by either the government or public contributions and thus charging lower fees."
The foregoing language, when read in conjunction with the language of Rule 7.1(a) above, leads this Committee to have concern about the nature of the advertising you proposed. As noted, this Committee does not serve as the arbiter for what is or is not appropriate to advertise, but the members of this Committee are concerned that an advertisement that states that the firm "serves law enforcement" and that uses a police badge, could be deemed misleading to the consuming public.