Can a Washington lawyer advertise a discount coupon for legal services?

Plain-English summary

The inquirer submitted an advertisement containing a discount offer for legal services and asked the committee to review it for ethical content. The committee responded that there is nothing inherently unethical about offering a discount coupon for legal services, as long as the discount is honored according to its terms, citing RPC 8.4(c). To avoid misleading prospective clients about the attorney's ability to honor a coupon, the committee said the coupon should include a disclaimer to the effect that it is subject to the attorney's compliance with the Rules of Professional Conduct, for example compliance with conflict checks.

The committee noted that, as a matter of policy, it does not pass on the content of particular ads. It pointed out, however, that under RPC 7.1 a lawyer shall not make a false or misleading communication about the lawyer's services, and that even truthful statements are prohibited if they are misleading. It quoted RPC 7.1, Comment 2: a truthful statement is misleading if it omits a fact necessary to make the lawyer's communication, considered as a whole, not misleading.

In practice

Under this opinion, and under the advertising rules as they stood in 2006, the committee identified two points. The opinion holds that a legal-services discount coupon is not inherently unethical provided the discount is honored on its terms (RPC 8.4(c)), and that, to keep the coupon from misleading prospective clients about whether the lawyer can honor it, the coupon should carry a disclaimer that it is subject to the lawyer's compliance with the RPCs, such as conflict checks. The committee stressed that it does not review particular ads as a matter of policy, and restated the RPC 7.1 standard, including its Comment 2, that even a truthful statement is misleading if it omits a fact needed to keep the communication, as a whole, not misleading. Washington restructured RPC 7.1 through 7.5 in a comprehensive 2006 revision, so current numbering should be checked.

Common questions

Q: Can a Washington lawyer use a discount coupon to advertise legal services?

A: Yes. The committee concluded there is nothing inherently unethical about a discount coupon as long as the discount is honored according to its terms, citing RPC 8.4(c).

Q: What should the coupon say to avoid misleading clients?

A: The committee said the coupon should include a disclaimer that it is subject to the attorney's compliance with the Rules of Professional Conduct, such as conflict checks, so prospective clients are not misled about whether it can be honored.

Q: Did the committee approve the specific ad?

A: No. The committee said it does not pass on the content of particular ads as a matter of policy; it gave general guidance under RPC 8.4(c) and 7.1.

Q: Can a truthful coupon still violate RPC 7.1?

A: Yes. The committee quoted RPC 7.1, Comment 2: even a truthful statement is misleading if it omits a fact necessary to make the communication, considered as a whole, not misleading.

Background and rules framework

The opinion interprets Washington RPC 7.1 (false or misleading communications about a lawyer's services; the counterpart to Model Rule 7.1), including its Comment 2, and RPC 8.4(c) (conduct involving dishonesty, fraud, deceit, or misrepresentation; the counterpart to Model Rule 8.4(c)), applying them to a discount coupon for legal services.

Citations and references

Rules of Professional Conduct:

• Model Rule 7.1 / Washington RPC 7.1 (false or misleading communications; Comment 2 on omissions)
• Model Rule 8.4 / Washington RPC 8.4(c) (dishonesty, fraud, deceit, or misrepresentation)

See also

• WA Ethics Op. 2138: Listing in an Online Directory
• WSBA Ethics Op. 1182: Contingent-Fee Ads and Costs
• WA Ethics Op. 2121: Can a Solo Use 'Law Group'?

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=1578

Original opinion text

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

Advisory Opinion: 2139
Year Issued: 2006
RPC(s): RPC 7.1, 8.4(c)
Subject: Attorney Advertisement

The inquirer submitted an advertisement containing a discount offer for legal services that he proposed to disseminate. He requested the committee review the ad for ethical content.

The committee responded that there is nothing inherently unethical about offering a discount coupon for legal services as long as the discount is honored according to its terms. See RPC 8.4(c). In order to avoid misleading prospective clients as to the attorney’s ability to honor a coupon, the coupon should include a disclaimer to the effect that it is subject to the attorney’s compliance with the Rules of Professional Conduct (e.g., compliance with conflict checks).

The committee does not as a matter of policy pass on the content of particular ads. The committee points out, however, that under RPC 7.1, a lawyer shall not make a false or misleading communication about the lawyer’s services. Even truthful statements are prohibited if they are misleading. RPC 7.1, Comment [2] states “a truthful statement is misleading if it omits a fact necessary to make the lawyer’s communication considered as a whole not misleading.”