Subject to the requirements of Rules 7.1 and 7.3. a lawyer may advertise services through written, recorded, or electronic communication, including public media.
(a) Except as allowed under Rule 7.1(e). a lawyer shall not give anything of value to a person for recommending the lawyer's services, except that a lawyer may pay the reasonable cost of advertising or written or recorded communication permitted by these Rules and may pay the usual charges of a lawyer referral service or other legal service organization.(b) Any communication made pursuant to this Rule shall include the following disclaimers and disclosures: (1)Use of actors. If the advertisement uses any actors to portray a lawyer, members of the law firm, clients, or utilizes depictions of fictionalized events or scenes, the same must be disclosed. In the event actors are used, the disclosure must be sufficiently specific to identify which persons in the advertisement are actors, and the disclosure must appear for the duration in which the actor(s) appear in the advertisement.(2) Lawyer responsible for content. All advertisements and written communications disseminated pursuant to these Rules shall identify the name of at least one lawyer responsible for their content.(3)Area(s) of practice. Every advertisement and written communication that indicates one or more areas of law in which the lawyer or law firm practices shall conform to the requirements of Rule 7.4.(4)Contingency fees. Every advertisement and written communication indicating that the charging of a fee is contingent on outcome or that the fee will be a percentage of the recovery shall contain a disclaimer that the client may be liable for the opposing parties' fees and costs.(5)Range of fees. A lawyer who advertises a specific fee or range of fees shall include the duration said fees are in effect and any other limiting conditions to the availability of the fees. (6)Quality of services. Statements describing or characterizing the quality of the lawyer's services in advertisements and written communications are subject to proof of verification, to be provided at the request of the state bar or a client or prospective client.(7)Statement regarding past results. If the advertisement contains any reference to past successes or results obtained, the communicating lawyer or member of the law firm must have served as lead counsel in the matter giving rise to the recovery, or was primarily responsible for the settlement or verdict. The advertisement shall also contain a disclaimer that past results do not guarantee, warrant, or predict future cases. If the past successes or results obtained include a monetary sum, the amount involved must have been actually received by the client, and the reference must be accompanied by adequate information regarding the nature of the case or matter and the damages or injuries sustained by the client, and if the gross amount received is stated, the attorney fees and litigation expenses withheld from the amount must be stated as well.
(c) Any statement or disclaimer required by these rules shall be made in each language used in the advertisement or writing with respect to which such required statement or disclaimer relates: provided, however, the mere statement that a particular language is spoken or understood shall not alone result in the need for a statement or disclaimer in that language.(d) Any information required be these rules to appear in an advertisement must be reasonably prominent and clearly legible if written, or intelligible if spoken.(e) Nothing in this Rule prohibits a lawyer or law firm from permitting the inclusion in law lists and law directories intended primarily for the use of the legal profession of such information as has traditionally been included in these publications.Added effective 5/1/2006; as amended effective 12/13/2012; amended March 9, 2018, effective 4/8/2018.