Can a lawyer pay a nonprofit to be listed on its website as a sponsor or as a legal resource for victims?
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This page answers the general question as of 2023. Ezel answers yours: whether it's allowed on your facts, under the current New York Rules of Professional Conduct, with citations.
Plain-English summary
The inquirer represents alleged victims of toxic chemicals in personal injury suits. A nonprofit is launching a website with medical information for such victims. In exchange for a donation, the nonprofit would (i) acknowledge the inquirer on a "Thank you to our Sponsors" page, (ii) list the inquirer's practice on a page discussing legal options for victims, and (iii) for an additional payment, place an advertisement on that legal-options page. The inquirer asks whether each arrangement is permitted.
On advertising, the opinion answers yes: nothing in the Rules restricts where a lawyer may advertise, so long as the advertisement complies with Rule 7.1(a) (no false, deceptive, or misleading content). On sponsorship, the opinion concludes that being listed as a "sponsor" in exchange for a donation is generally not an "advertisement" under Rule 1.0(a), because it fails the "primary purpose ... retention" element; a sponsorship aims at general brand awareness and support for the organization's mission, which the opinion treats like the branding examples in Comment [8] to Rule 7.1 and N.Y. State 937.
On the resource-page listing, the opinion concludes the arrangement is prohibited. Rule 7.2(a) bars a lawyer from giving anything of value to recommend or obtain employment. While merely listing sponsors is not a recommendation, separately singling out contributing lawyers who represent victims of specified products rises to a "recommendation." Paying for that implied recommendation violates Rule 7.2(a). The opinion distinguishes N.Y. State 908, where a "featured attorney" listing was allowed only with a disclaimer of random selection and no endorsement; here the lawyer is chosen because he paid, and the listing impliedly recommends him.
In practice
Under this opinion, conduct that involves buying a compliant advertisement under Rule 7.1(a) on a nonprofit's site, or donating in exchange for a "sponsor" acknowledgment (general branding, not an "advertisement" under Rule 1.0(a)), is permitted. Per the opinion, donating in exchange for being singled out on a resource page for victims is prohibited because it pays for an implied recommendation under Rule 7.2(a).
Common questions
Q: Can a lawyer advertise on a nonprofit's website?
A: Per the opinion, yes, as long as the advertisement complies with Rule 7.1(a); nothing in the Rules restricts where a lawyer may advertise.
Q: Is being listed as a "sponsor" for a donation considered advertising?
A: Per the opinion, generally no. A sponsorship acknowledgment is general brand awareness and does not meet the "primary purpose ... retention" element of the "advertisement" definition in Rule 1.0(a).
Q: Can a lawyer pay to be listed on the nonprofit's "legal options" page?
A: Per the opinion, no. Singling out contributing lawyers on a resource page rises to a "recommendation," and paying for it violates Rule 7.2(a)'s bar on giving anything of value for a recommendation.
Background and rules framework
The opinion interprets New York Rule 1.0(a) (the definition of "advertisement"), Rule 7.1(a) (advertising content), and Rule 7.2(a) (payment for referrals and recommendations). These correspond to ABA Model Rules 7.1 and 7.2.
Citations and references
Rules of Professional Conduct:
- New York Rules of Professional Conduct 1.0(a), 7.1(a), 7.2(a)
- ABA Model Rules 7.1, 7.2 (analogues)
Other opinions cited:
- N.Y. State 915 (2012): a law firm website may link to a nonlegal entity's website
- N.Y. State 937 (2012): a promotional gift for general brand awareness is not advertising
- N.Y. State 908 (2012): a "featured attorney" listing requires a random-selection, no-endorsement disclaimer
- N.Y. State 1132 (2017): a "marketing fee" may not include an improper payment for a recommendation
See also
- NYSBA Ethics Op. 1267: Paying for a Recommendation or Referral
- NYSBA Ethics Op. 1279: Prohibited Referral Fees
- NYSBA Ethics Op. 1251: Lawyer YouTube Channels
Source
- Landing page: https://nysba.org/ethics-opinion-1262-recognition-of-lawyer-on-not-for-profit-organizations-website/
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