WSBA 1996

Can a lawyer advertise that the firm handles lawsuits against a specific named business and its owners?

Short answer: The committee did not resolve the question on the merits; it directed the inquirer to RPC 7.1 and 7.4 as the governing rules and declined to opine on any other liability such an ad might create.

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This page answers the general question as of 1996. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.

Currency note: this opinion is from 1996
Subsequent statutory amendments, court decisions, or later opinions or rule amendments may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
Disclaimer: Advisory only. Not binding precedent.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page) is the authoritative source for any reliance.

Plain-English summary

The inquirer asked whether the Rules of Professional Conduct permit a firm to run a newspaper or yellow-pages ad stating that it would handle certain types of lawsuits against a particular business and its principals. The committee did not analyze the ad on the merits. It determined that the inquirer should refer to RPC 7.1 and 7.4, the rules governing communications about a lawyer's services, and offered no opinion regarding any other liability that running such an ad might involve.

Currency note

This opinion was issued in 1996, before the Washington State Bar Association's adoption of the 2006 revisions to the Rules of Professional Conduct. 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 Treat this page as historical context, not current guidance.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. Washington's RPC 7.1 and 7.4 correspond to ABA Model Rules 7.1 (communications concerning a lawyer's services) and 7.4 (communication of fields of practice).

Common questions

Q: Did the committee say the ad was allowed?

A: No. The committee did not decide the question; it directed the inquirer to RPC 7.1 and 7.4 and left the application of those rules to the inquirer.

Q: Did the committee address non-ethics liability for naming a business in an ad?

A: No. The committee expressly offered no opinion regarding any other liability that running such an ad might involve.

Background and rules framework

The opinion pointed to RPC 7.1 (communications concerning a lawyer's services, corresponding to ABA Model Rule 7.1) and RPC 7.4 (communication of fields of practice, corresponding to ABA Model Rule 7.4) as the framework for an ad describing the types of suits the firm handles. The committee did not apply those rules to the proposed ad; it identified them and stopped.

Citations and references

Rules of Professional Conduct:

  • ABA Model Rule 7.1 (communications concerning a lawyer's services); Washington RPC 7.1
  • ABA Model Rule 7.4 (communication of fields of practice); Washington RPC 7.4

See also

Source

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

Advisory Opinion: 1665
Year Issued: 1996
RPC(s): RPC 7.1; 7.4
Subject: Advertisement stating that lawyer handles lawsuits against specific business or business owners

The Committee discussed your inquiry regarding whether the Rules of Professional Conduct permit your firm to run an ad in the newspaper or telephone book yellow pages indicating that you would handle certain types of lawsuits against a particular business and/or its principals. The Committee determined that you should refer to RPC 7.1 and 7.4. The Committee offers no opinion regarding any other liability running such an ad might involve.

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