Can a law firm put a link on its website to an independent lawyer-rating company's ratings of the firm?

Plain-English summary

The managing partner of a large firm was approached by a lawyer rating and directory company about linking the firm's website to the company's independent attorney ratings. The firm wanted to add easy access to the ratings if the linking was permissible. The committee answered on the assumption that the proposed link went just to the company's web page explaining what the ratings are and how they are arrived at.

The committee said the applicable rule is RPC 7.1, under which all communications concerning a lawyer's services for which the lawyer is responsible must be truthful and complete, so a lawyer is responsible for ensuring that everything on the website, including its links, is truthful and otherwise compliant with the RPCs. Because the company's ratings, identifying the lawyer's experience and qualifications, did not appear false or misleading, the committee said including the link did not appear to violate RPC 7.1. It added that the advertisement, and any links within the site, should be retained for the appropriate period under RPC 7.2(b), and that the lawyer should regularly review the linked site so changes can be monitored and copied for compliance.

Currency note

This opinion was issued in 2004, 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 Treat this page as historical context, not current guidance.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 or retention period mentioned here.

In practice

Under the Washington rules as they stood at the time of the opinion, the committee treated a link to a third-party rating page as part of the firm's own advertising. It located the duty in RPC 7.1's requirement that communications about a lawyer's services be truthful and complete, and concluded that linking to ratings that were not false or misleading did not appear to violate that rule. The committee tied the link to the record-retention duty of RPC 7.2(b) and described monitoring the linked content so the firm stays responsible for what it points readers to.

Common questions

Q: Can a law firm link its website to an outside company's ratings of the firm?

A: The committee said yes on these facts, because the ratings did not appear false or misleading and a link to them did not appear to violate RPC 7.1, which requires truthful and complete communications about a lawyer's services.

Q: Is the firm responsible for what appears on the linked rating site?

A: The committee said the lawyer is responsible for ensuring that all communications on the website and all links within it are truthful and compliant, and that the linked content should be reviewed regularly so changes can be monitored.

Q: Does the firm have to keep a record of the link?

A: The committee said the advertisement, and any links within the site, should be retained for the appropriate period under RPC 7.2(b).

Background and rules framework

The opinion interprets RPC 7.1 (Model Rule 7.1, communications concerning a lawyer's services must not be false or misleading) and RPC 7.2(b) (Model Rule 7.2, advertising, including the record-retention requirement for advertisements as it stood at the time). The committee treated a hyperlink to a rating page as a communication the lawyer is responsible for, so the truthfulness standard of RPC 7.1 governs the link and its destination.

Citations and references

Rules of Professional Conduct:

• Model Rule 7.1 / Washington RPC 7.1 (communications concerning a lawyer's services must be truthful and not misleading)
• Model Rule 7.2 / Washington RPC 7.2(b) (advertising; retention of advertisements)

See also

• WSBA Ethics Op. 1086: 'Associates' on a Solo's Letterhead
• WSBA Ethics Op. 1151: Ph.D. on Letterhead and Ads
• WSBA Ethics Op. 1071: Paid Lawyer Referral Service

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=1322

Original opinion text

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

Advisory Opinion: 2070
Year Issued: 2004
RPC(s): RPC 7.1, 7.2(b)
Subject: Linking firm website with lawyer ratings website

The inquirer asks the committee to opine about an ethical dilemma based on the following:

FACTS The inquiring attorney is the managing partner of a large law firm. A lawyer rating & directory company has approached the firm in regard to linking the firm’s website to the company`s independent attorney ratings. The firm wishes to add easy access to the ratings provided the linking is permissible under applicable ethical rules.

QUESTION Would a link to the lawyer rating & directory company`s independent attorney ratings on a firm’s website violate the RPCs?

RESPONSE This response is based on the assumption that the proposed link is just to the lawyer rating & directory companys web page containing an explanation of what the ratings are and how they are arrived at. The applicable Rule of Professional Conduct is RPC 7.1, which states that all communications concerning lawyer’s services for which the lawyer is responsible must be truthful and complete. Thus, a lawyer is responsible for ensuring that all communications made on a web site and all links therein concerning the lawyer and the lawyer’s services are truthful and are otherwise in compliance with the RPCs. The companys ratings identifying the lawyer’s experience and qualifications do not appear to be false or misleading, and inclusion of a link to the rating system does not appear to violate RPC 7.1.

Nonetheless, the advertisement should be retained for the appropriate period under RPC 7.2(b), as should any links contained within the web site. Care should be taken to regularly review the information at the linked site so that changes to such information can be monitored and copied for compliance with the rules.