Mich. R. Prof'l. Cond. 7.2

As amended through November 20, 2024

Rule 7.2 - Advertising

(a) Subject to the provisions of these rules, a lawyer may advertise.

(b) A copy or recording of an advertisement or communication shall be kept for two years after its last dissemination along with a record of when and where it was used.

(c) A lawyer shall not give anything of value to a person for recommending the lawyer's services, except that a lawyer may:

(i) pay the reasonable cost of advertising or communication permitted by this rule;

(ii) participate in, and pay the usual charges of, a not-for-profit lawyer referral service or other legal service organization that satisfies the requirements of Rule 6.3(b); and

(iii) pay for a law practice in accordance with Rule 1.17.

(d) For purposes of media advertising, services of a lawyer or law firm that are advertised under the heading of a phone number, web address, icon, or trade name shall identify the name and contact information of at least one lawyer responsible for the content of the advertisement. The identification shall appear on or in the advertisement itself; or, if that is not practical due to space limitations, the identification shall be prominently displayed on the home page of the law firm's website and any other website used by the law firm for advertising purposes.

Mich. R. Prof'l. Cond. 7.2

Amended effective 5/1/2024.

Comment:

To assist the public in obtaining legal services, lawyers should be allowed to make known their services not only through reputation but also through organized information campaigns in the form of advertising. Advertising involves an active quest for clients, contrary to the tradition that a lawyer should not seek clientele. However, the public's need to know about legal services can be fulfilled in part through advertising. This need is particularly acute in the case of persons of moderate means who have not made extensive use of legal services. The interest in expanding public information about legal services ought to prevail over considerations of tradition. Nevertheless, advertising by lawyers entails the risk of practices that are misleading or overreaching.

Neither this rule nor Rule 7.3 prohibits communications authorized by law, such as notice to members of a class in a class action.

Record of Advertising.

Paragraph (b) requires that a record of the content and use of advertising be kept in order to facilitate enforcement of these rules.

Paying Others to Recommend a Lawyer.

A lawyer is allowed to pay for advertising permitted by these rules and for the purchase of a law practice in accordance with the provisions of MRPC 1.17, but otherwise is not permitted to pay another person for channeling professional work. But see MRPC 1.5(e). This restriction does not prevent an organization or person other than the lawyer from advertising or recommending the lawyer's services. Thus, a legal aid agency or prepaid legal services plan may pay to advertise legal services provided under its auspices. Likewise, a lawyer may participate in not-for-profit lawyer referral programs and pay the usual fees charged by such programs.

Paragraph (c) does not prohibit paying regular compensation to an assistant, such as a secretary, to prepare communications permitted by these rules.