Does using the phrases 'special expertise' or 'areas of expertise' in a law firm's marketing brochure violate the rule on communicating fields of practice?

Short answer The committee declined as a matter of policy to pass on the content of a particular ad, but said that using 'special expertise' and 'areas of expertise' may not violate RPC 7.4(d) in these circumstances.

Bar

WSBA

Issued

2007

Apply this to your situation

This page answers the general question as of 2007. Ask about yours and see what the current Washington Rules of Professional Conduct say for your facts, with citations.

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 Not binding precedent.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 inquiring attorney wanted to distribute a brochure and asked whether using the terms "special expertise" and "areas of expertise" would violate RPC 7.4(d).

The committee responded that, as a matter of policy, it does not pass on the content of particular advertisements. It added that the use of "special expertise" and "areas of expertise" may not violate RPC 7.4(d) in these circumstances.

In practice

Under the Washington rule as it stood at the time of the opinion, the committee did not give a clearance for the specific brochure; it stated its standing policy of not reviewing particular ad content. Its only substantive observation was that the two phrases at issue may not violate RPC 7.4(d) in these circumstances, a qualified statement rather than a blanket approval of the terms.

Common questions

Q: Did the committee approve the brochure?

A: No. The committee said that, as a matter of policy, it does not pass on the content of particular advertisements.

Q: Can a lawyer describe "special expertise" or "areas of expertise" in marketing?

A: The committee said the use of those terms may not violate RPC 7.4(d) in these circumstances, without giving a categorical clearance.

Background and rules framework

The opinion addressed Washington RPC 7.4 (Model Rule 7.4, communication of fields of practice and specialization), specifically RPC 7.4(d) governing claims of expertise or specialization. The committee framed its response around its policy of not evaluating the content of individual advertisements.

Citations and references

Rules of Professional Conduct:

Model Rule 7.4 / Washington RPC 7.4, 7.4(d) (communication of fields of practice and specialization)

Source

Landing page: https://ao.wsba.org/print.aspx?ID=1607

Original opinion text

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

Advisory Opinion: 2167
Year Issued: 2007
RPC(s): RPC 7.4(d)
Subject: use of the terms "special expertise" and "areas of expertise" in a law firm`s marketing materials

The inquiring attorney requests an opinion concerning a brochure which he wishes to distribute. Specifically, the attorney wishes to know whether or not the use of the terms “special expertise” and “areas of expertise” violate RPC 7.4(d).

The committee does not as a matter of policy pass on the content of particular ads. The use of “special expertise” and “areas of expertise” may not violate RPC 7.4(d) in these circumstances.

What do the rules say today, for your facts?

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