Can an Oregon lawyer write a newspaper legal column, answer readers' legal questions, and speak to community groups about the law?
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This page answers the general question as of 2021. Ezel answers yours: whether it's allowed on your facts, under the current Oregon Rules of Professional Conduct, with citations.
Plain-English summary
The opinion addresses a lawyer who is asked to write a column on legal matters for a local newspaper, answer legal questions sent in by readers, do the same in radio or television formats, and speak to community groups, church groups, and the like on legal matters. The question is whether this conduct is consistent with the rules on providing information about legal services. The opinion assumes no lawyer-client relationship is created by these activities.
The opinion concludes yes, qualified. It applies Oregon RPC 7.1, which prohibits false or misleading communications about the lawyer or the lawyer's services, and finds nothing in the described facts suggesting the lawyer or others acting on the lawyer's behalf intend any false or misleading communication, also noting RPC 8.4(a)(3) on conduct involving dishonesty or misrepresentation.
The opinion further finds no suggestion that the lawyer is paying for the privilege of engaging in these activities or that the lawyer's services are being improperly advertised, citing Oregon RPC 7.2(b), which limits what a lawyer may give in exchange for recommending the lawyer's services. On those facts, the described media and speaking activity is permissible.
In practice
Under this opinion, an Oregon lawyer's general public education and commentary, columns, reader Q&A, broadcast appearances, and speeches, falls outside the advertising restrictions as long as the content is not false or misleading under RPC 7.1 and the lawyer is not paying for the placement. The opinion's analysis rests on the absence of misleading content and the absence of payment for the privilege.
Common questions
Q: Can an Oregon lawyer write a recurring legal column for a newspaper?
A: Yes, qualified. The opinion concludes the conduct is permissible where the communications are not false or misleading under RPC 7.1 and the lawyer is not paying for the placement.
Q: Can a lawyer answer legal questions from the public on the radio or in print?
A: Yes, qualified. The opinion treats answering readers' or listeners' legal questions the same as the column, assuming no lawyer-client relationship is created and the content is not misleading.
Q: Does giving free legal talks to community groups raise an advertising problem?
A: The opinion finds no problem on these facts, concluding there is no false or misleading communication under RPC 7.1 and no improper payment for advertising under RPC 7.2(b).
Background and rules framework
The opinion interprets Oregon RPC 7.1 (false or misleading communications about a lawyer or the lawyer's services) and RPC 7.2(b) (limits on paying for recommendations), with reference to RPC 8.4(a)(3) (dishonesty or misrepresentation). These track Model Rules 7.1, 7.2, and 8.4.
Citations and references
Rules of Professional Conduct:
- Oregon RPC 7.1 / Model Rule 7.1 (false or misleading communications)
- Oregon RPC 7.2(b) / Model Rule 7.2 (payment for recommendations)
- Oregon RPC 8.4(a)(3) / Model Rule 8.4 (dishonesty or misrepresentation)
See also
- ABA Formal Op. 10-457: Lawyer Websites
- OSB Ethics Op. 2021-196: Solicitation of Clients
- OSB Ethics Op. 2022-201: Responding to Negative Online Reviews
Source
- Landing page: https://www.osbar.org/ethics/toc.html
- Original PDF: https://www.osbar.org/_docs/ethics/2005-3.pdf
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