Can a lawyer pay a community greeting service like Welcome Wagon to advertise the lawyer's practice to new residents?
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This page answers the general question as of 1989. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.
Plain-English summary
Opinion E-89-6 asked whether lawyers may use the services of local chapters of Welcome Wagon International Inc. to advertise their law practices. The committee answered yes, subject to conditions. It relied first on a representation in Welcome Wagon's own brochure that its representatives are trained to observe the regulations enforced by state licensing boards and professional associations and that they do not solicit business on behalf of any professional sponsors, treating the answer as contingent on that representation being factually correct.
The committee further conditioned its conclusion on compliance with the Rules of Professional Conduct, particularly SCR 20:7.1 through 20:7.5 governing lawyer advertising and communications. It directed that lawyers using Welcome Wagon services should ascertain whether the fees the service charges reflect only its costs of advertising the lawyers' services, and that no Welcome Wagon recommendations regarding employment of the lawyers are made, citing SCR 20:7.2(b), which prohibits giving anything of value to a person for recommending a lawyer's services.
Currency note
This opinion was issued in 1989, before Wisconsin's July 1, 2007 adoption of the revised Rules of Professional Conduct for Attorneys (the state's Ethics 2000 update). The lawyer-advertising rules in SCR 20:7.1 through 20:7.5, including the recommendation and referral provisions of SCR 20:7.2, 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 Treat this page as historical context, not current guidance.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, deadline, or requirement mentioned here.
Common questions
Q: Could a lawyer pay a service like Welcome Wagon to publicize the lawyer's practice?
A: Per the opinion, yes, if the lawyer complies with the advertising rules SCR 20:7.1 through 20:7.5 and the service only advertises the lawyer rather than recommending the lawyer.
Q: What was the key limit the committee drew?
A: The committee relied on SCR 20:7.2(b), which prohibits giving anything of value for recommending a lawyer's services, and said the fees must reflect only advertising costs with no recommendations made.
Background and rules framework
The opinion interpreted SCR 20:7.1 through 20:7.5 / Model Rules 7.1 through 7.5 (communications and advertising concerning a lawyer's services), focusing on SCR 20:7.2(b) / Model Rule 7.2, which governs paying others to recommend or advertise a lawyer's services.
Citations and references
Rules of Professional Conduct:
- Wis. SCR 20:7.1 through 20:7.5 / Model Rules 7.1 through 7.5 (advertising and communications)
- Wis. SCR 20:7.2(b) / Model Rule 7.2 (paying for recommendations)
See also
- WI Ethics Op. E-00-04: Fees for Referring Providers
- WI Ethics Op. E-94-6: Planners in Estate Practice
- ABA Formal Op. 465: Daily-Deal Marketing
Source
- Landing page: https://www.wisbar.org/formembers/ethics/pages/formal-opinions.aspx
- Original PDF: https://www.wisbar.org/formembers/ethics/Ethics%20Opinions/E-89-6.pdf
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