Can a lawyer run an advertisement with a factually accurate statement and a disclaimer?
Apply this to your situation
This page answers the general question as of 1997. Ask about yours and see what the current Washington Rules of Professional Conduct say for your facts, with citations.
Plain-English summary
The committee said that, to the extent the inquiry concerns an advertisement containing a factually accurate statement with an appropriate disclaimer, such an advertisement would not necessarily violate the Rules of Professional Conduct.
Currency note
This opinion was issued in 1997, 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 Treat this page as historical context, not current guidance.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 corresponds to ABA Model Rule 7.1 (communications concerning a lawyer's services).
Common questions
Q: Can a lawyer advertise a factually accurate statement with a disclaimer?
A: The committee said such an advertisement would not necessarily violate the Rules of Professional Conduct.
Q: Did the committee give a categorical approval?
A: No. The committee framed its answer as "not necessarily" a violation and tied it to the advertisement being factually accurate with an appropriate disclaimer.
Background and rules framework
The opinion applied RPC 7.1 (the bar on false or misleading communications about a lawyer's services, corresponding to ABA Model Rule 7.1). The committee treated factual accuracy and an appropriate disclaimer as keeping an advertisement clear of a necessary RPC 7.1 violation, without endorsing any specific ad.
Citations and references
Rules of Professional Conduct:
- ABA Model Rule 7.1 (communications concerning a lawyer's services); Washington RPC 7.1
See also
- WA Ethics Op. 1665: Ads Naming a Specific Business
- WA Ethics Op. 1700: One Phone Line for Two Businesses
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=779
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Advisory Opinion: 1705
Year Issued: 1997
RPC(s): RPC 7.1
Subject: Advertising; disclaimer
To the extent you are asking about an advertisement containing a factually accurate statement, with an appropriate disclaimer, such an advertisement would not necessarily violate the Rules of Professional Conduct.
What do the rules say today, for your facts?
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