Can a law firm put a link to another business on its website?
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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 Illinois Rules of Professional Conduct, with citations.
Plain-English summary
A business that reviews entities for cost-effective ways of doing business asked a law firm to post a link to it on the firm's website, with no compensation to the firm. The committee was asked whether the firm may ethically include the link.
The opinion concludes the Illinois Rules do not bar lawyers from using links on their websites. But a lawyer's communications, including website content, must not be false or misleading under Rules 7.1 and 8.4(c) (citing ISBA Opinion 96-10 and ABA Formal Opinion 10-457). So if the linked site contains false or misleading information about the lawyer or the lawyer's services, the lawyer must not link to it (citing Washington State Bar Advisory Opinion 2070, which made the lawyer responsible for the truthfulness of communications about the lawyer on a linked rating site).
Because the lawyer may not control or be aware of the accuracy of content on the linked site that is unrelated to the lawyer's services, the committee notes the firm may wish to include a disclaimer stating that the firm does not maintain the linked site and does not necessarily sponsor or approve its materials. Finally, the committee notes that if the lawyer refers clients to the business under an agreement for the business to refer customers back, the lawyer must comply with Rule 7.2(b)(4) on reciprocal referral arrangements.
In practice
Under this opinion, an Illinois law firm may link from its website to other businesses or organizations. The opinion holds the lawyer must not link to a site containing false or misleading information about the lawyer or the lawyer's services under Rules 7.1 and 8.4(c). The opinion notes a disclaimer disclaiming sponsorship of the linked content may be advisable and that a reciprocal-referral agreement with the linked business triggers Rule 7.2(b)(4).
Common questions
Q: Can an Illinois law firm link to another business on its website?
A: Yes. The opinion concludes the rules do not bar website links, subject to the limits below.
Q: What is the limit on what a firm can link to?
A: Per the opinion, the lawyer must not link to a site that contains false or misleading information about the lawyer or the lawyer's services, under Rules 7.1 and 8.4(c).
Q: Does the firm need a disclaimer?
A: The opinion notes the firm may wish to include a disclaimer that it does not maintain the linked site and does not necessarily sponsor its content, since the firm may not control the accuracy of unrelated content there.
Q: What if the link is part of a mutual referral deal?
A: The opinion notes that if the firm refers clients to the business under an agreement for reciprocal referrals, the lawyer must comply with Rule 7.2(b)(4).
Background and rules framework
The opinion interprets Illinois Rules of Professional Conduct 7.1 (false or misleading communications; Model Rule 7.1) and 8.4(c) (dishonesty and misrepresentation; Model Rule 8.4), with Rule 7.2(b)(4) (reciprocal referral arrangements; Model Rule 7.2) noted for the referral scenario.
Citations and references
Rules of Professional Conduct:
- Illinois RPC 7.1 (Model Rule 7.1): false or misleading communications
- Illinois RPC 8.4(c) (Model Rule 8.4): dishonesty, fraud, deceit, or misrepresentation
- Illinois RPC 7.2(b)(4) (Model Rule 7.2): reciprocal referral arrangements
Other opinions cited:
- ISBA Opinion 96-10; ABA Formal Opinion 10-457; Washington State Bar Advisory Opinion 2070 (2004): website content and linked-site responsibility
See also
- ISBA Ethics Op. 14-06: Wearing Firm Apparel Bearing the Firm Logo During a TV Interview
- NY State Bar Op. 888: Links on a Lawyer's Website to Other Businesses
- NY State Bar Op. 915: Links To and From a Law Firm's Website
- NY State Bar Op. 1101: Linking a Law Website to a Real Estate Brokerage
Source
- Landing page: https://www.isba.org/ethics/opinions/1505
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