Can I use a group television advertising service that runs a generic ad and show only an 800 number instead of my own or my firm's name?

Plain-English summary

The inquiring attorney described a "group" that produces television advertisements for attorneys. The basic text of the advertisement is the same in every case, with individual attorneys' names appearing at the bottom of the screen on a rotating basis. The inquiring attorney wanted to use the service but did not want his or her name or the firm's name to appear at the advertisement's conclusion; instead, an 800 telephone number would appear giving potential clients access to the attorney.

The panel applied Rule 7.2 ("Advertising"), quoting subsection (d), which requires that any communication made pursuant to the rule include the name of at least one lawyer responsible for its content (as amended by the court on December 2, 1992).

The panel concluded that Rule 7.2(d) clearly requires any lawyer advertisement to contain the name of an attorney responsible for its content. If the inquiring attorney uses the service, his or her name or the law firm's name must be used within the advertisement's contents.

Currency note

This opinion was issued in 1995, after the Rhode Island Supreme Court adopted the Model Rules of Professional Conduct effective November 15, 1988, and it applies Rule 7.2 as amended by the court on December 2, 1992. The Rhode Island Supreme Court later revised the Rules of Professional Conduct in 2007 as part of the nationwide Ethics 2000 process, which renumbered and amended several provisions, and the advertising rules have been amended since. 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 Treat this page as historical context, not current guidance.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: Can a lawyer run a TV ad showing only a phone number?

A: Under this opinion, no. The panel held that Rule 7.2(d) requires the advertisement to name at least one lawyer responsible for its content, so an 800 number alone is insufficient.

Q: Does a shared or generic advertising template change the requirement?

A: No. The panel applied Rule 7.2(d) to the shared-service format the same way; if the inquiring attorney uses the service, his or her name or the firm's name must appear in the ad.

Q: What does Rule 7.2(d) require of a lawyer advertisement?

A: As the panel quoted it, any communication made under the advertising rule must include the name of at least one lawyer responsible for its content.

Background and rules framework

The opinion applies Rule 7.2 (Advertising), corresponding to Model Rule 7.2, and reads it subject to Rule 7.1 (Communications Concerning a Lawyer's Services). The panel relied specifically on Rule 7.2(d)'s requirement, added by the court's December 2, 1992 amendment, that a lawyer advertisement identify at least one responsible lawyer by name.

Citations and references

Rules of Professional Conduct:

• MR 7.2 (advertising)
• MR 7.1 (communications concerning a lawyer's services)
• RI RPC 7.2
• RI RPC 7.1

Statutes:

• None cited.

Cases:

• None cited.

Other opinions cited:

• None cited.

See also

• RI EAP Op. 95-14: Trade Name in TV Advertising
• RI EAP Op. 95-45: Marketing Letters Must Say Advertisement
• RI EAP Op. 95-21: Mailing Realtors Ad Coupons

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%2095-55.pdf

Original opinion text

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

FINAL

ETHICS ADVISORY PANEL
OPINION # 95-55, - REQUEST # 631
ISSUED - NOVEMBER 9, 1995

The inquiring attorney states that there is a "group" which provides television advertisements for attorneys. The basic text of the advertisement is the same in all cases with the names of attorneys appearing at the bottom of the screen on a rotating basis. The inquiring attorney would like to use this service but does not want his/her name or the firm's name to appear at the advertisement's conclusion. Instead, an 800 telephone number would appear which would give potential clients access to the inquiring attorney. The inquiring attorney asks whether he/she may use this service without using his/her name in the advertisement.

Rule 7.2 "Advertising" states in pertinent part:

(a) Subject to the requirements of Rule 7.1, a lawyer may advertise services through public media, such as a telephone directory, legal directory, newspaper or other periodical, outdoor, radio or television, or through written communication not involving solicitation as defined in Rule 7.3.

(d) Any communication made pursuant to this rule shall include the name of at least one lawyer responsible for its content. (As amended by the court on December 2, 1992.)

Rule 7.2(d) clearly states that any advertisement by a lawyer must contain the name of an attorney responsible for the content of the ad. If the inquiring attorney utilizes this service, his/her name or the law firm's name must be used within its contents.