Ethics & Marketing
The LMA Ethics and Legal Marketing Working Group is focused on influencing the ABA Model Rules related to
At the American Bar Association Annual Meeting in Chicago, members of the ABA House of Delegates voted in favor of Resolution 101, the amendments to the Model Rules of Professional Conduct, as developed by the ABA Standing Committee on Ethics and Professional Responsibility.
The amendments to the Model Rules will help legal marketers work more effectively, specifically:
- Rule 7.2, broadens “advertising” to “communications” and through “any” media, allows nominal gifts, and updates “office address” to “contact information” to encompass
website, email andphone.
- Rule 7.3, deletes the “Advertising Material” labeling requirement for all communications from a lawyer soliciting employment, finding this requirement no longer necessary to protect the public.
- Rule 7.3, now includes “person who routinely uses for business purposes the type of legal services offered by the lawyer”
as to exception on solicitations; no longer prohibits real-time electronic solicitations because of the pervasiveness of texts and tweets as written communications. prohibition
The next step is to have states adopt these new Model Rules to bring clarity and consistency to attorney marketing and communications across the country.
If you have any questions about how the Model Rules will help consumers, support higher-quality legal services and increase access to justice, we invite you to contact any of the members of the LMA Advocacy Advisory Council to learn more.
If you would like additional reading on this matter, we recommend the following sources.
- ABA Journal Notice Resolution 101 Passed
- LMA Ethics and Legal Marketing Working Group Update
- Resolution 101
- Letter from Dennis Rendleman on Adopting Changes to Model Rules 7.1-7.5
- LMA April 2018 Letter to ABA Standing Committee
- LMA March 2018 Letter to ABA Working Group
- LMA February 2017 Letter to ABA Standing Committee
- LMA March 2018 Letter to ABA Standing Committee
- Navigating Industry Change Via a Seat at the Table on LMA Strategies+ Blog regarding LMA participation in ABA Standing Committee on Ethics and Professional Responsibility Forum
- "ABA Attorney Ad Rule Revamp Picks Up Steam" by Law360
APRLProposed Amendments to Model Rules 7.1, 7.2, 7.3, 7.4 and 7.5 from AmericanBar.org
- Comments to
APRLProposal to Amend Rules 7.1-7.5 from AmericanBar.org
- 2015 Report of the Regulation of Lawyer Advertising Committee (June 2015) from the Association of Professional Responsibility Lawyers
- Regulation of Lawyer Advertising Committee Supplemental Report (April 2016) from the Association of Professional Responsibility Lawyers