ISBA Professional Conduct Advisory Opinion No. 12-04
Topic: Advertising and Solicitation
Digest of the ISBA:
“Labeling communications to solicit professional employment as ‘promotional’ materials does not comply with requirements of the Illinois Rules of Professional Conduct to label such materials as ‘Advertising Material.’”
References:
Illinois Rules of Professional Conduct 7.2 and 7.3(c);
In the Matter of Benkie, 892 N.E.2d 1237 (Ind. 2008);
ABA Formal Opinion 10-457.
From the opinion:
“While firm brochures (and their modern counterpart, the internet website) are clearly regulated communications under the RPC, and thus subject to prohibitions on false or misleading statements, it should be noted that the labeling requirements of Rule 7.3(c), only apply to communications employed in the direct written, recorded or electronic solicitation of prospective clients known to be in need of legal services. Communications sent in response to requests from potential clients and general announcements do not require the special labeling. RPC 7.3, Comment [7]. Further, nothing in this opinion is intended to imply that firm brochures (or websites) generally are required to be labeled as ‘Advertising Material.’ (For a discussion of issues relating to firm websites, see ABA Formal Opinion 10-457.) …”
The full text is available at http://www.isba.org…