My newspaper ad has graphics, says my office is 'equipped to handle' certain types of cases, gives my name and contact info, and doesn't compare me to other lawyers. Does it comply with the advertising rules?

Plain-English summary

The attorney submitted a sample newspaper advertisement for review. One side has simple, semi-abstract graphics; the other states that the attorney's office is "equipped to handle" certain types of cases, with the attorney's name, street address, and phone number at the bottom. The short text suggests the office takes an individual interest in its clients and will explore alternatives on a client's behalf, and it does not compare the attorney's services to any other attorney's.

The panel quoted Rule 7.1, barring false or misleading communications about a lawyer or the lawyer's services, including material misrepresentations, statements likely to create unjustified result expectations, and unsubstantiated comparisons to other lawyers, and held the advertisement complies with Rule 7.1. It quoted Rule 7.2(a), permitting a lawyer to advertise through public media such as a newspaper subject to Rule 7.1, and Rule 7.2(d), requiring any such communication to include the name of at least one lawyer responsible for its content, and held the advertisement complies with Rule 7.2. The panel then quoted Rule 7.4, which permits a lawyer to communicate the fields of law the lawyer does or does not practice, but bars indicating the practice is limited to or concentrated in particular fields, or implying the lawyer is a specialist, unless the communication includes Rhode Island's required no-certification disclaimer (subject to narrow exceptions for patent and admiralty practice designations not at issue here). The panel held that because Rule 7.4 expressly prohibits implying specialization, the attorney must include the disclaimer set forth in the rule, stating that no procedure exists in Rhode Island for the certification or recognition of specialization by lawyers, in order to clearly meet Rule 7.4's requirements and obtain panel protection.

Currency note

This opinion was issued in May 1990, after the Rhode Island Supreme Court adopted the Model Rules of Professional Conduct effective November 15, 1988, and it applies Rules 7.1, 7.2, and 7.4 as originally adopted. The Rhode Island Supreme Court later revised the Rules of Professional Conduct in 2007 as part of the nationwide Ethics 2000 process. Subsequent rule amendments or later opinions may have changed the analysis, including Rule 7.4's current requirements for specialization claims. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule mentioned here.

Common questions

Q: Does an ad saying my office is "equipped to handle" certain kinds of cases count as claiming to be a specialist under Rule 7.4?

A: The panel treated it as implicating Rule 7.4 closely enough that, to obtain panel protection, the attorney needed to add the rule's specialization disclaimer, even though the panel did not find the advertisement misleading under Rule 7.1.

Q: What must a newspaper ad include to comply with Rule 7.2?

A: Per the opinion, Rule 7.2(a) permits advertising through public media such as a newspaper subject to Rule 7.1, and Rule 7.2(d) requires the communication to include the name of at least one lawyer responsible for its content.

Q: What kinds of statements would make a lawyer's ad "false or misleading" under Rule 7.1?

A: The opinion quotes Rule 7.1 as barring communications with material misrepresentations of fact or law, statements likely to create unjustified expectations about achievable results, or comparisons to other lawyers' services that cannot be factually substantiated.

Background and rules framework

The opinion applies Rule 7.1 (false or misleading communications), Rule 7.2 (permissible advertising through public media, with attribution), and Rule 7.4 (fields of practice and specialization disclaimers) of the Rhode Island Rules of Professional Conduct, as adopted effective November 15, 1988, to a proposed newspaper advertisement.

Citations and references

Rules of Professional Conduct:

• MR 7.1 (communications concerning a lawyer's services)
• MR 7.2 (advertising)
• MR 7.4 (communication of fields of practice and specialization)
• RI RPC 7.1, 7.2(a), 7.2(d), 7.4, as adopted November 15, 1988

Statutes:

• None cited.

Cases:

• None cited.

Other opinions cited:

• None cited.

See also

• RI EAP Op. 90-18: Rules 7.3/7.4 Business Mailer
• RI EAP Op. 90-10: Rule 7.4 Ad Disclaimer
• ABA Formal Op. 501: Solicitation

Source

• Landing page: https://www.courts.ri.gov/attorney-resources/Pages/Ethics-Advisory-Panel-default.aspx
• Original PDF: https://www.courts.ri.gov/Opinions/EAP%2090-25.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.

DIGEST OF ETHICS ADVISORY PANEL
OPINION #90-25, REQUEST #105
Issued May 31, 1990

An attorney seeks Panel advice as to whether he may properly run a certain advertisement in a general circulation newspaper.

The attorney has submitted a sample copy of the advertisement for Panel review. To one side of the advertisement are some simple, semi-abstract graphics. The other side of the advertisement indicates that the attorney's office is "equipped to handle" certain types of cases. At the bottom of the advertisement the attorney's name, street address and phone number are reproduced. The short text of the advertisement suggests that the attorney's office takes an individual interest in its clients and will explore alternatives on a client's behalf. The text does not compare the attorney's services to those provided by any other attorney.

Rule 7.1, entitled "Communications Concerning a Lawyer's Services" provides:

A lawyer shall not make a false or misleading communication about the lawyer or the lawyer's services. A communication is false or misleading if it:

(a) contains a material misrepresentation of fact or law, or omits a fact necessary to make the statement considered as a whole not materially misleading;

(b) is likely to create an unjustified expectation about results the lawyer can achieve, or states or implies that the lawyer can achieve results by means that violate the Rules of Professional Conduct or other law; or

(c) compares the lawyer's services with other lawyers' services, unless the comparison can be factually substantiated.

The Panel takes the position that the attorney's advertisement complies with Rule 7.1.

Rule 7.2, titled "Advertising," provides in pertinent part:

(a) Subject to the requirements of Rule 7.1, a lawyer may advertise services through public media, such as a newspaper.

(d) Any communication made pursuant to this rule shall include the name of at least one lawyer responsible for its content.

The attorney's advertisement complies with Rule 7.2. Rule 7.4 provides:

Communications of Fields of Practice. -- A lawyer may communicate the fact that the lawyer does or does not practice in particular fields of law. A lawyer may not, however, indicate that his or her practice is limited to or concentrated in particular fields of law unless, as part of the same communication, the lawyer also indicates that Rhode Island does not have a procedure for certification or recognition of specialization by lawyers. A lawyer shall not state or imply that the lawyer is a specialist except as follows:

(a) a lawyer admitted to engage in patent practice before the United States Patent and Trademark Office may use the designation "Patent Attorney," or a substantially similar designation; or

(b) a lawyer engaged in Admiralty practice may use the designation "Admiralty," "Proctor in Admiralty" or a substantially similar designation.

Rule 7.4 expressly permits an attorney to indicate the fact that he does or does not practice in particular fields of law. However Rule 7.4 also expressly prohibits a lawyer from implying that he or she is a specialist. Therefore, in order to clearly meet the requirements of Rule 7.4 and obtain Panel protection the attorney must include the disclaimer set forth to the effect that no procedure exists in Rhode Island for the certification or recognition of specialization by lawyers.

Ethics Advisory Panel advice is protective in nature. There is no requirement that an attorney abide by a Panel opinion, but if he or she does, he or she is fully protected from any charge of impropriety.