Ezel / Ethics Opinions / DBHAWAII
DBHAWAII March 19, 2015

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

Short answer: The opinion concludes that communications about a lawyer's services on a web site are advertising and are subject to HRPC 7.1, 7.2, 7.4, and 7.5, covering domain names, web and email addresses, banners, and pop-ups. Email solicitation of prospective clients is prohibited by HRPC 7.3(a).

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This page answers the general question as of 2015. Ezel answers yours: whether it's allowed on your facts, under the current Hawaii Rules of Professional Conduct, with citations.

Currency note: this opinion is from 2015
Subsequent statutory amendments, court decisions, or later opinions or rule amendments may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
Disclaimer: Advisory only. Not binding precedent.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page as a PDF) is the authoritative source for any reliance.
View original ethics opinion (PDF)

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

Source

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.

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