My ad lists my name, address, areas of law, and bar memberships. Does it comply with Rhode Island's advertising rules?

Plain-English summary

The inquiring attorney sought advice on the propriety of a sample advertisement stating the attorney's name, address, areas of law practiced, and bar memberships. As a threshold matter, the panel declined to edit documents and therefore could not give general approval to the advertisement, citing Advisory Opinion #90-18.

The panel set out the governing rules. Rule 7.2(a) provides that, subject to Rule 7.1, a lawyer shall not make a false or misleading communication about the lawyer or the lawyer's services, and permits advertising through public media including written communication not involving solicitation as defined in Rule 7.3. Rule 7.2(b) requires the lawyer to retain a copy of any advertisement for two years along with a record of when and where it was used.

The panel advised that the facts warrant strict compliance with Rule 7.4, which permits a lawyer to communicate whether the lawyer does or does not practice in particular fields, but bars indicating that the lawyer's practice is limited to or concentrated in particular fields unless the communication also states that Rhode Island has no procedure for certification or recognition of specialization. To clearly meet Rules 7.2 and 7.4, the panel concluded, the advertisement cannot contain false or misleading statements and the disclaimer must be included within the advertisement.

Currency note

This opinion was issued in 1992, after the Rhode Island Supreme Court adopted the Model Rules of Professional Conduct effective November 15, 1988, and it applies the advertising 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, and the lawyer-advertising rules have since been amended. 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 Treat this page as historical context, not current guidance.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 mentioned here.

Common questions

Q: Will the panel approve my advertisement in advance?

A: Per the opinion, no; the panel declined to edit documents and could not give general approval to the advertisement, citing Advisory Opinion #90-18.

Q: If my ad names the fields I practice in, what must it include?

A: Per the opinion, if it indicates the practice is limited to or concentrated in particular fields, the ad must also state that Rhode Island has no procedure for certification or recognition of specialization, under Rule 7.4.

Q: How long must I keep a copy of the advertisement?

A: Per the opinion, Rule 7.2(b) requires the lawyer to retain a copy for two years along with a record of when and where it was used.

Background and rules framework

The opinion applies Rhode Island Rules 7.1 (communications concerning a lawyer's services), 7.2 (advertising), and 7.4 (communication of fields of practice), which correspond to the same-numbered Model Rules. Rule 7.1 and 7.2(a) prohibit false or misleading communications; Rule 7.2(b) sets the two-year retention requirement; and Rule 7.4 conditions any claim of concentration or limitation of practice on the Rhode Island no-certification disclaimer.

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)
• RI RPC 7.1, 7.2(a)-(b), 7.4

Statutes:

• None cited.

Cases:

• None cited.

Other opinions cited:

• RI EAP Advisory Opinion #90-18: the panel declines to edit documents and give general approval to advertisements.

See also

• RI EAP Op. 92-22: A Lawyer-to-Lawyer Firm Announcement Is Not Governed by Rules 7.2 and 7.3
• RI EAP Op. 91-61: Class-Action Solicitation Advertisement Governed by 7.2 and 7.3
• RI EAP Op. 91-24: Targeted Mail to Victim-Compensation Fund Claimants Must Disclose Costs

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%2092-20.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 #92-20, Request #233
Issued May 5, 1992

An attorney seeks Panel advice regarding the propriety of a sample advertisement which states the attorney's name, address, areas of law practiced and bar memberships.

As a threshold matter, the Panel declines to embark on the task of editing documents, and therefore cannot give general approval to the advertisement. See, Advisory Opinion #90-18.

Rule 7.2(a) of the Rhode Island Rules of Professional Conduct states, "Subject to the requirements of Rule 7.1, a lawyer shall not make a false or misleading communication about the lawyer or the lawyer's services ... a lawyer may advertise services through public media, such as ... written communication not involving solicitation as defined in Rule 7.3." Rule 7.2(b) requires a lawyer to retain a copy of any advertisement for two years along with a record of when and where it was used.

The Panel advises that the facts in this inquiry warrant strict compliance with Rule 7.4 which states:

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 communication, the lawyer also indicates that Rhode Island does not have a procedure for certification or recognition of specialization by lawyers.

To clearly meet the requirements of Rules 7.2 and 7.4, the attorney's advertisement cannot contain any false or misleading statements about the attorney or the attorney's services and the disclaimer must be included within the advertisement.