Can a lawyer advertise a family law 'divorce and custody survival' seminar aimed at prospective litigants?

Plain-English summary

A lawyer wished to hold seminars for potential litigants on family law issues and to submit advertisements for the seminars to a newspaper. The proposed advertisement led with the language "Don't be a victim of divorce or custody litigation / A divorce and custody survival workshop for men and women." The committee was asked whether that language is misleading.

The committee concluded that, to the extent the language in the advertisement contains only factually accurate statements, with appropriate disclaimers, the advertisement is not necessarily in violation of the Rules.

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 Treat this page as historical context, not current guidance.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 cited rules correspond to ABA Model Rules 7.1 (communications concerning a lawyer's services), 7.2 (advertising), 7.3 (solicitation), 7.4 (fields of practice), and 8.4 (misconduct).

Common questions

Q: Can a lawyer run a newspaper ad for a "divorce and custody survival" seminar?

A: The committee concluded the advertisement is not necessarily in violation of the Rules, to the extent it contains only factually accurate statements with appropriate disclaimers.

Q: What did the committee make the analysis turn on?

A: Factual accuracy and appropriate disclaimers. The committee framed the conclusion around whether the statements are factually accurate and accompanied by appropriate disclaimers.

Background and rules framework

The opinion applied RPC 7.1 (communications concerning a lawyer's services), RPC 7.2 (advertising), RPC 7.3 (solicitation), RPC 7.4 (fields of practice), and RPC 8.4(c) (misconduct involving dishonesty or misrepresentation), corresponding to ABA Model Rules 7.1, 7.2, 7.3, 7.4, and 8.4. The committee tied the permissibility of the seminar advertisement to factual accuracy and the presence of appropriate disclaimers.

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 7.2 (advertising); Washington RPC 7.2
• ABA Model Rule 7.3 (solicitation of clients); Washington RPC 7.3
• ABA Model Rule 7.4 (communication of fields of practice); Washington RPC 7.4
• ABA Model Rule 8.4 (misconduct); Washington RPC 8.4(c)

See also

• WA Ethics Op. 1762: Lawyer Ad in a Repair-Shop Folder
• WA Ethics Op. 1623: 'Tax Attorneys' in Advertising

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=844

Original opinion text

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

Advisory Opinion: 1780
Year Issued: 1997
RPC(s): RPC 7.1; 7.2; 7.3; 7.4; 8.4(c)
Subject: Advertising; ad for family law seminars to be given to prospective litigants

Facts Presented: Lawyer wishes to hold seminars for potential litigants on family law issues and submit advertisements for such seminars to the newspaper.

Questions Presented: Is a proposed advertisement for a family law workshop leading with the language "Don't be a victim of divorce or custody litigation/ A divorce and custody survival workshop for men and women" misleading?

Applicable Rules: RPC 7.1, 7.2, 7.3, 7.4, 8.4(c)

RPC Committee Opinion: To the extent that the language in the advertisement contains only factually accurate statements, with appropriate disclaimers, the advertisement is not necessarily in violation of the Rules.