Do a state's lawyer-advertising and solicitation rules apply to a lawyer's web page, online postings, and email?

Plain-English summary

The Disciplinary Commission was asked whether the Alabama Rules of Professional Conduct apply to lawyer advertising on the Internet or private on-line services. The Commission concluded that they do. It reasoned that although the number of options for disseminating lawyer advertising had grown rapidly and would continue to grow, the advertising and solicitation rules focus on the content of advertising, not on the means used to advertise.

On that basis, the opinion concluded that any information made available to the public about a lawyer or a lawyer's services on the Internet or private on-line services is subject to regulation under the rules on advertising and solicitation. It made no difference whether the information was conveyed through a web page, a bulletin board, or unsolicited electronic mail; any advertising or promotional activity transmitted through the use of a computer is subject to regulation like any other form of lawyer advertising.

Currency note

This opinion was issued in 1996, before the 2002 Ethics 2000 revisions to the ABA Model Rules of Professional Conduct and Alabama's subsequent amendments to its Rules of Professional Conduct. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.

Common questions

Q: Do lawyer-advertising rules cover a law firm web page?

A: Yes. The opinion concluded that information about a lawyer or the lawyer's services on the Internet, including a web page, is subject to the advertising and solicitation rules.

Q: Does the medium (web page, bulletin board, email) change whether the rules apply?

A: No. The opinion concluded the rules focus on the content of advertising, not the means, so it made no difference whether the information was on a web page, a bulletin board, or in unsolicited email.

Q: Is unsolicited promotional email treated as lawyer advertising?

A: Yes. The opinion concluded that any advertising or promotional activity transmitted through the use of a computer, including unsolicited electronic mail, is subject to regulation like any other form of lawyer advertising.

Background and rules framework

The opinion interprets the Alabama advertising and solicitation rules (the Rule 7-series, corresponding to Model Rules 7.1 through 7.3) at the level of principle, holding that they regulate the content of a lawyer's advertising regardless of the delivery medium. The opinion does not quote or cite specific numbered rules; it states the general rationale that the rules focus on content, not means.

Citations and references

The opinion does not cite specific Rules of Professional Conduct, statutes, or cases by number. It applies, in general terms, the advertising and solicitation rules of the Alabama Rules of Professional Conduct to Internet and on-line communications.

See also

• AL Ethics Op. 1996-05: Direct-Mail Advertising
• CA COPRAC Op. 2001-155: Law Firm Internet Website Advertising
• ABA Ethics Op. 10-457: Lawyer Websites

Source

• Landing page: https://www.alabar.org/office-of-general-counsel/formal-opinions/1996-07/
• Original PDF: https://www.alabar.org/assets/2019/02/1996-07.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.

ETHICS OPINION

RO-96-07

OFFICE OF GENERAL COUNSEL

QUESTION:

Do the Alabama Rules of Professional Conduct apply to lawyer advertising on the Internet or private on-line services?

ANSWER:

The number of options available for disseminating lawyer advertising has grown rapidly and will continue to grow over time. However, the advertising and solicitation rules found within the Rules of Professional Conduct focus on content of advertising and not on the means used to advertise. It is the Disciplinary Commission's opinion that any information made available to the public about a lawyer or a lawyer's services on the Internet or private on-line services is subject to regulation under the rules on advertising and solicitation. It makes no difference whether it is done through a web page, a bulletin board, or via unsolicited electronic mail. Any advertising or promotional activity transmitted through the use of a computer is subject to regulation like any other form of lawyer advertising.

MLM/vf

10/23/96