Are a lawyer's website, domain name, and email subject to the advertising rules, and can a lawyer email prospective clients?

Plain-English summary

The opinion treats communications about an attorney's services on a web site as advertising. As advertising, those communications fall under HRPC 7.1 (a communication cannot be false or misleading), HRPC 7.2 (advertising), HRPC 7.4 (communication of fields of practice and certification), and HRPC 7.5 (firm names and letterheads).

The opinion states that the communications it covers include, but are not limited to, domain names, web addresses, email addresses, and banners, pop-ups, and other electronic advertising. It also concludes that email solicitation of prospective clients is prohibited by HRPC 7.3(a).

In practice

Under this opinion, a Hawaii lawyer's online presence, including the domain name, the web and email addresses shown, and any banner or pop-up advertising, is governed by the same advertising rules that apply to print communications, so it must not be false or misleading and must comply with HRPC 7.2, 7.4, and 7.5. The opinion holds that emailing a solicitation to prospective clients is prohibited under HRPC 7.3(a).

Common questions

Q: Is a law firm web site treated as advertising in Hawaii?

A: Yes. The opinion concludes that communications concerning an attorney's services on a web site are advertising and are subject to HRPC 7.1, 7.2, 7.4, and 7.5.

Q: What online items does the opinion cover?

A: Per the opinion, the covered communications include, but are not limited to, domain names, web addresses, email addresses, banners, pop-ups, and other electronic advertising.

Q: Can a lawyer email prospective clients to solicit business?

A: No. The opinion concludes that email solicitation of prospective clients is prohibited by HRPC 7.3(a).

Background and rules framework

The opinion applies Hawaii's advertising and solicitation rules to electronic communications: HRPC 7.1 (false or misleading communications), HRPC 7.2 (advertising), HRPC 7.3 (direct contact with prospective clients), HRPC 7.4 (communication of fields of practice and certification), and HRPC 7.5 (firm names and letterheads). These correspond to Model Rules 7.1 through 7.5.

Citations and references

Rules of Professional Conduct (Hawaii; cf. Model Rules):

• HRPC 7.1 (false or misleading communications) (cf. Model Rule 7.1)
• HRPC 7.2 (advertising) (cf. Model Rule 7.2)
• HRPC 7.3(a) (solicitation of prospective clients) (cf. Model Rule 7.3)
• HRPC 7.4 (communication of fields of practice and certification) (cf. Model Rule 7.4)
• HRPC 7.5 (firm names and letterheads) (cf. Model Rule 7.5)

See also

• ABA Ethics Op. 10-457: Lawyer Web Sites
• Alabama Ethics Op. 2012-01: Advertising on Groupon and Deal-of-the-Day Web Sites

Source

• Landing page: https://dbhawaii.org/legal-ethics-advice-for-hawaii-lawyers/
• Original PDF: https://dbhawaii.org/wp-content/uploads/FO_41.pdf

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative. Board M embers

Disciplinary Board of the Hawai#i Supreme Court 201 Merchant Street, Suite 1600 Honolulu, Hawai#i 96813 Telephone (808) 599-1909 www.odchawaii.com

James L. Branham, Esq.
Gary M . Farkas, Ph.D., M BA
Diane D. Hastert, Esq.
Philip D. Hellreich, M .D.
Shelton G.W. Jim On, Esq.
Harrilynn K. Kame#enui, Esq.
Hon. Evelyn B. Lance (Ret.)
Philip H. Lowenthal, Esq.
Jeffrey P. M iller, Esq.
Carolene N. Kawano Neely, M .S.W., M .Ed. Jeffrey S. Portnoy, Esq. Irwin J. Schatz, M .D. Judith A. Schevtchuk, Esq. Asst. Chief Eugene Uemura, (Ret.), M A.Ed.

Chairperson

Hon. Clifford L. Nakea (Ret.)
Vice Chairperson

Hon. Leslie A. Hayashi
Secretary

Nathan J. Sult, Esq.
Treasurer

Joy M . M iyasaki, Esq.
Filing Clerk

Faye F. Hee
Board Counsel

Bradley R. Tamm, Esq.

FORMAL OPINION NO. 41
ATTORNEY WEB SITES AND OTHER ELECTRONIC ADVERTISING Communications concerning an attorney's services on a web site are advertising. As such, these communications are subject to HRPC 7.1 (communication cannot be false or misleading), HRPC 7.2 (advertising), HRPC 7.4 (communication of fields of practice and certification), and HRPC 7.5 (firm names and letterheads). Communications covered by this Opinion include, but are not limited to: domain names; web addresses; e-mail addresses; and banners, pop-ups, and other electronic advertising. E-mail solicitation of prospective clients is already prohibited by HRPC 7.3(a). DATED:

Honolulu, Hawai#i, April 26, 2001
Carroll S. Taylor
Chairperson, Disciplinary Board

UPDATED:

Honolulu, Hawai#i, March 19, 2015
________
Hon. Clifford L. Nakea (Ret.)
Chairperson, Disciplinary Board

The Disciplinary Board's mission is to maintain the integrity of the legal profession and protect the public from professional misconduct by attorneys.