Ezel / Ethics Opinions / ISBA
ISBA 2012

Can an Illinois lawyer label a soliciting mailing 'promotional materials' instead of 'Advertising Material' to satisfy Rule 7.3(c)?

Short answer: No. Rule 7.3(c) requires the specific words 'Advertising Material'; labeling a solicitation 'promotional materials' does not comply. The labeling requirement applies only to direct solicitations of prospective clients known to need legal services, not to materials sent to lawyers or in response to requests.

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This page answers the general question as of 2012. Ezel answers yours: whether it's allowed on your facts, under the current Illinois Rules of Professional Conduct, with citations.

Currency note: this opinion is from 2012
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 Not binding precedent.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) is the authoritative source for any reliance.

Plain-English summary

Several firms placed the legend "promotional materials" on brochures and marketing papers distributed to lawyers and non-lawyers. The inquiry asked whether that legend complies with Rule 7.3(c), which requires that written, recorded, or electronic communications soliciting professional employment from a prospective client known to need legal services include the words "Advertising Material."

The opinion concludes it does not. While "advertising" and "promotional" are similar, Rule 7.3's specific use of the quoted term "Advertising Material" signals that the exact wording is mandatory. The opinion cites In the Matter of Benkie, where the term "Legal Advertisement" was held not to satisfy an "Advertising Material" requirement. Only labeling soliciting brochures and similar materials as "Advertising Material" complies.

The opinion adds two limits on the scope of the requirement. First, the labeling rule of 7.3(c) applies only to communications used in direct solicitation of prospective clients known to be in need of legal services; communications sent in response to a request and general announcements do not require the label, and nothing in the opinion implies that firm brochures or websites generally must be labeled. Second, Rule 7.3's non-solicitation provisions are directed at certain lay persons, not at other attorneys or persons with whom the lawyer has a family, close personal, or prior professional relationship, so materials directed only to lawyers need no Rule 7.3(c) label.

In practice

The opinion holds that a lawyer using direct written, recorded, or electronic solicitations toward prospective clients known to need legal services must use the precise phrase "Advertising Material"; substitutes like "promotional materials" do not comply with Rule 7.3(c). The label is not required for materials directed only to lawyers or other exempted persons, for responses to client requests, or for general announcements. Firm brochures and websites remain subject to the bar on false or misleading statements regardless.

Common questions

Q: Does "promotional materials" satisfy the Illinois solicitation-labeling rule?

A: No. The opinion concludes that Rule 7.3(c)'s quoted phrase "Advertising Material" is mandatory and that "promotional materials" does not comply, citing In re Benkie on the point that a near-synonym does not satisfy the exact-wording requirement.

Q: Do all firm brochures and websites need the "Advertising Material" label?

A: No. The opinion limits the labeling requirement to direct solicitations of prospective clients known to need legal services; it does not require general firm brochures or websites to carry the label, though they must still avoid false or misleading content.

Q: Does the label apply to mailings sent only to other lawyers?

A: No. The opinion notes Rule 7.3's non-solicitation provisions target certain lay persons, so materials directed to lawyers (or persons with a family, close personal, or prior professional relationship) need not be labeled under Rule 7.3(c).

Background and rules framework

The opinion interprets Illinois Rule of Professional Conduct 7.3(c) (Model Rule 7.3, solicitation of clients), which mandates the "Advertising Material" legend on direct solicitations of prospective clients known to need legal services, read together with Rule 7.2 on advertising. Comment 7 to Rule 7.3 supplies the exceptions for responses to requests and general announcements.

Citations and references

Rules of Professional Conduct:

  • Illinois RPC 7.3(c) (solicitation labeling) / MR 7.3
  • Illinois RPC 7.2 (advertising) / MR 7.2

Cases:

  • In the Matter of Benkie, 892 N.E.2d 1237 (Ind. 2008), "Legal Advertisement" did not satisfy the "Advertising Material" requirement

Other opinions cited:

  • ABA Formal Op. 10-457: lawyer websites

See also

Source

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