Can a North Carolina lawyer advertise legal services on a website, and what must the site disclose about licensure, specialty, and record retention?

Plain-English summary

The opinion addressed whether a lawyer may display information about legal services on a World Wide Web site accessible via the Internet. It concluded that a lawyer may, provided the lawyer complies with the applicable Rules of Professional Conduct. It reasoned that Rule 2.2(a) permits advertising in public media or through written communications not involving solicitation as defined in Rule 2.4, and that a Web site is a public-media advertisement.

The opinion set out the disclosure requirements. All communications about the lawyer or the lawyer's services, including those by computer, are subject to Rule 2.1's prohibition on false or misleading communications. To avoid misleading a user from another jurisdiction, the site should list all jurisdictions in which the firm's lawyers are licensed, and under Rule 3.1(b) must disclose the geographic location of the principal office. Rule 2.5 prohibits stating or implying that a lawyer is a certified specialist unless certified by the State Bar or an approved organization, though a lawyer who is not certified may indicate areas of concentration or interest.

On recordkeeping, the opinion concluded that Rule 2.2(b) requires retaining a copy of an advertisement for two years after its last dissemination, with a record of when and where it was used. Because Web sites change frequently, the opinion concluded that compliance may be achieved by printing hard copies of all screens as launched and of any material changes in format or content, retaining those copies for two years together with a record of when the screens were used on the Internet.

Currency note

This opinion was issued in 1996, before the North Carolina State Bar's adoption of the 2003 revisions to the 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 Treat this page as historical context, not current guidance.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: Can a North Carolina lawyer have a law firm website?

A: Yes. The opinion concluded that a Web site is public-media advertising and is permitted if the lawyer complies with the advertising rules.

Q: What must a law firm website disclose?

A: The opinion concluded that the site must be truthful and not misleading, list the jurisdictions where the firm's lawyers are licensed, and disclose the geographic location of the principal office.

Q: Can the website say the lawyer is a specialist?

A: Only if certified. The opinion concluded that Rule 2.5 bars implying specialist status without certification, but a non-certified lawyer may indicate areas of concentration or interest.

Q: Does the lawyer have to keep records of the website?

A: Yes. The opinion concluded that the lawyer should print hard copies of the screens as launched and of any material changes, retaining them for two years with a record of when they were used.

Background and rules framework

The opinion applied North Carolina's then-current advertising rules: Rule 2.2 on permissible advertising and record retention (corresponding to Model Rule 7.2), Rule 2.1 on truthful and non-misleading communications (corresponding to Model Rule 7.1), and Rule 2.5 on specialization claims (corresponding to Model Rule 7.4), along with the office-location disclosure of Rule 3.1(b).

Citations and references

Rules of Professional Conduct:

• MR 7.1 (communications concerning a lawyer's services)
• MR 7.2 (advertising; record retention)
• MR 7.4 (communication of fields of practice and specialization)
• North Carolina Rule 2.1, Rule 2.2, and Rule 2.5

See also

• NC Ethics Op. RPC 241: participating in an internet lawyer directory
• NC Ethics Op. 2000-3: responding to inquiries on a web message board
• NC Ethics Op. 97 FEO 6: address and disclaimer on direct-mail solicitation

Source

• Landing page: https://www.ncbar.gov/for-lawyers/ethics-and-governing-rules/ethics-opinions/opinions/rpc-239/

Original opinion text

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

Inquiry:

May a lawyer display information about his or her legal services on a site on the World Wide Web which can be accessed via the Internet, a global network of interconnected computers?

Opinion:

Yes, provided the lawyer complies with the applicable Rules of Professional Conduct.

Rule 2.2(a) permits advertising in public media or through written communications not involving solicitation as defined in Rule 2.4. A site on the World Wide Web is a public media advertisement.

All communications by a lawyer concerning the lawyer or the lawyer's services, including communications via computer, are subject to the prohibition in Rule 2.1 on false or misleading communications. To avoid misleading a user of the Internet from another jurisdiction, a Web site should list all jurisdictions in which the lawyers in a firm are licensed to practice law. Rule 3.1(b). Similarly, the Web site must disclose the geographic location of the lawyer's or law firm's principal office. Rule 2.5 prohibits communications implying or stating that a lawyer is a certified specialist unless the lawyer is certified as a specialist by the State Bar or a certifying organization approved by the State Bar. However, a lawyer who is not a certified specialist may indicate areas of concentration or interest on a Web site.

Rule 2.2(b) requires a lawyer to retain a copy or recording of an advertisement or written communication for two years after its last dissemination along with a record of when and where it was used. Because Web sites are updated frequently, compliance with Rule 2.2(c) may be achieved by printing a hard copy of all screens on the Web site as launched and subsequently printing hard copies of any material changes in the format or content of the Web site. These hard copies should be retained for two years together with a record of when the screens were used on the Internet.