Alaska Attorney Advertising Disclosure and Compliance Review

ALASKA ATTORNEY ADVERTISING DISCLOSURE AND COMPLIANCE REVIEW

Reviewer and Advertisement Information

Part 1. Threshold Classification — Communication, Advertisement, or Solicitation

This piece is best classified as (check one):

☐ A general communication about the lawyer's services (ARPC 7.1)
☐ An advertisement directed generally to the public (ARPC 7.2)
☐ A solicitation of a specific prospective client known to need legal services in a particular matter (ARPC 7.3)
☐ An announcement of fields of practice / specialization (ARPC 7.4)
☐ A firm name or letterhead matter (ARPC 7.5)

Audience: ☐ General public ☐ Specific persons identified by name ☐ Members of a defined group ☐ Existing or former clients ☐ Other lawyers (referral source)

Part 2. ARPC 7.1 — False or Misleading Communications

The communication:

☐ Does not contain a material misrepresentation of fact or law
☐ Does not omit a fact necessary to make the statement, considered as a whole, not materially misleading
☐ Is not likely to create an unjustified expectation about the results the lawyer can achieve
☐ Does not state or imply that the lawyer can achieve results by means that violate the Rules of Professional Conduct or other law
☐ Does not compare the lawyer's services with other lawyers' services unless the comparison can be factually substantiated
☐ Any statement about prior results is accompanied by an appropriate disclaimer that results depend on the unique facts of each case and that past results do not guarantee future outcomes
☐ Any testimonials or endorsements are accurate, not misleading, and accompanied by appropriate disclaimers
☐ Any simulated scenes, actor-portrayals, or stock footage that could be mistaken for a real client or event are disclosed as such
☐ Any ranking or rating reference (e.g., Super Lawyers, Best Lawyers, Martindale, U.S. News) complies with Alaska Bar Association Ethics Opinion 2009-2 by including the publication name, date, and the practice area (if specified) — for example: "Jane Doe was selected for inclusion in ALASKA SUPER LAWYERS [Year]" or "John Doe was selected for inclusion in BEST LAWYERS IN AMERICA [Year] in the area of family law."

Part 3. ARPC 7.2 — Advertising Requirements

☐ The advertisement contains the name and office address of at least one lawyer or law firm responsible for its content
☐ The lawyer does not give anything of value to a person for recommending the lawyer's services, except:
☐ The reasonable costs of advertisements or communications permitted by the Rules
☐ The usual charges of a legal service plan or a not-for-profit or qualified lawyer referral service
☐ A nominal gift as an expression of appreciation that is neither intended nor reasonably expected to be a form of compensation for recommending the lawyer's services
☐ Any reciprocal referral arrangement with another lawyer or non-lawyer professional is non-exclusive and the client is informed of the existence and nature of the arrangement
☐ The lawyer will retain a copy or recording of the advertisement for 2 years after its last dissemination, together with a record of when and where it was used (ARPC 7.2(b))
☐ The advertisement does not violate ARPC 7.1 (false/misleading)
☐ The advertisement does not improperly imply a relationship with a government agency, the Alaska Court System, the Alaska Bar Association, or a charitable organization

Part 4. ARPC 7.3 — Solicitation and "Advertising Material" Labeling

Complete this Part only if the communication is or may be a solicitation under ARPC 7.3.

☐ The communication is not an in-person, live telephone, or real-time electronic solicitation of a non-lawyer for pecuniary gain, OR
☐ The solicitation falls within an ARPC 7.3(a) exception — the person contacted is:
☐ Another lawyer
☐ A person with whom the lawyer has a family relationship
☐ A person with whom the lawyer has a close personal relationship
☐ A person with whom the lawyer has a prior professional relationship
☐ The person solicited has not made known a desire not to be solicited by the lawyer
☐ The solicitation does not involve coercion, duress, or harassment
☐ For written, recorded, or electronic solicitations targeted to a person known to need legal services in a particular matter, the communication includes the words "Advertising Material":
☐ On the outside of any envelope (if any), and
☐ At the beginning and ending of any recorded or electronic communication
☐ If the prospective client is in a particularly vulnerable state (e.g., recent accident victim, hospital patient, grieving family member), additional caution has been exercised (see Alaska Bar Association Ethics Opinion 92-5, addressing post-mass-disaster solicitation)
☐ The communication does not involve a "runner" or "capper" or any person paid to obtain employment for the lawyer

Part 5. ARPC 7.4 — Fields of Practice and Specialization Claims

☐ Statements that the lawyer practices in, concentrates in, or limits practice to particular fields are factually accurate
☐ Patent attorneys admitted to practice before the U.S. Patent and Trademark Office may use the designation "Patent Attorney" or a substantially similar designation
☐ Lawyers engaged in admiralty practice may use the designation "Admiralty," "Proctor in Admiralty," or a substantially similar designation
☐ No statement claims the lawyer is a "certified specialist" in any field of law, UNLESS:
☐ The lawyer has been certified by an organization that has been accredited by the American Bar Association, AND
☐ The communication clearly identifies the certifying organization (e.g., "Board Certified in [Field] by the National Board of Trial Advocacy, an organization accredited by the American Bar Association")
☐ "Expert," "expertise," "specialist," or "specializing in" language is not used in a way that would create an unjustified expectation under ARPC 7.1, and any such use is supported by the lawyer's experience and (where required) ABA-accredited certification
☐ The advertisement does not state or imply that the lawyer is certified as a specialist by the Alaska Bar Association or the Alaska Court System (Alaska does not itself certify lawyers as specialists)

Part 6. ARPC 7.5 — Firm Names and Letterheads

☐ The firm name does not falsely imply a connection with a government agency, the Alaska Court System, the Alaska Bar Association, or a public or charitable legal services organization
☐ Any trade name used is not misleading and does not state or imply a connection with a government agency or charitable organization
☐ If the firm has offices in more than one jurisdiction, jurisdictional limitations on the practice of each listed lawyer (e.g., "Admitted in Alaska only" or "Not admitted in Alaska") are identified for any lawyer not licensed in every listed jurisdiction
☐ The name of a lawyer holding public office is not used in the firm name or in firm communications during any substantial period in which the lawyer is not actively and regularly practicing with the firm
☐ Lawyers are not held out as practicing in a partnership or other organization unless they are in fact associated in such a relationship
☐ Letterhead clearly identifies which listed individuals are partners, associates, of counsel, or non-lawyer staff, and identifies any lawyer not licensed in Alaska

Part 7. Digital, Social Media, and Website-Specific Items

☐ The firm's website identifies at least one responsible lawyer by name and includes the firm's office address (ARPC 7.2)
☐ Each practice-area page is reviewed for accuracy of legal content and the absence of unjustified expectations (ARPC 7.1)
☐ Attorney biographies accurately reflect Alaska Bar admission, any additional bar admissions, jurisdictional limitations, and any disciplinary history that is material to the advertisement
☐ The website includes an "Attorney Advertising" notice or equivalent disclaimer
☐ The website includes a "No Attorney-Client Relationship" disclaimer for visitor inquiries and contact forms
☐ The website includes a privacy policy that addresses how visitor information (including chat transcripts) is handled
☐ Social media posts that constitute advertising comply with all the same ARPC 7.1-7.5 requirements (including disclaimers and identification of the responsible lawyer)
☐ Paid search and display ads, including Google/Bing keyword ads, identify the responsible lawyer/firm
☐ Use of any commercial ranking or rating in digital or social media follows the format prescribed by Alaska Bar Association Ethics Opinion 2009-2 (publication name, date, and practice area if specified)

Part 8. Generative AI, Chatbots, and Automated Client-Facing Tools

☐ Any AI chatbot or automated assistant that engages members of the public is clearly disclosed as non-attorney (suggested: "You are chatting with an automated assistant, not an attorney.")
☐ The chatbot does not provide legal advice and explicitly disclaims that no attorney-client relationship is formed by the interaction
☐ The chatbot is configured to avoid real-time solicitation of specific prospective clients in a manner that would violate ARPC 7.3
☐ Any generative AI used to draft advertising copy is reviewed by a responsible Alaska-licensed attorney for accuracy, factual substantiation, and compliance with ARPC 7.1
☐ AI-generated images or video of people who could be mistaken for clients, attorneys, or judges include a disclaimer that the image is AI-generated or a dramatization
☐ The firm has documented its AI usage and supervision policy, including human review of outputs (ARPC 1.1, 5.3)
☐ The firm's client confidentiality and data-handling practices for the AI tool have been reviewed (ARPC 1.6)
☐ AI-generated chat transcripts and the firm's response policies are retained consistent with the firm's records-retention practices

Part 9. Electronic Media (TV, Radio, Streaming) Advertising

Complete this Part only if the advertisement is disseminated by television, radio, streaming audio/video, or similar electronic media.

☐ The message as a whole is not false, misleading, or deceptive (ARPC 7.1)
☐ The advertisement clearly identifies the responsible lawyer or law firm and an office address
☐ Any dramatization, actor-portrayal of a client, or impersonation is disclosed
☐ Any non-attorney spokesperson is identified as such and is not identified as an attorney
☐ Required disclosures appear clearly and conspicuously (audibly for radio; both visually and audibly for television/video) for a duration sufficient to be perceived by a reasonable viewer
☐ A recording or copy of the advertisement, the script, and a log of broadcast dates/times will be retained for 2 years after the last broadcast (ARPC 7.2(b))

Part 10. Required Disclosure Language (Insert into Advertisement)

Insert the following or substantively equivalent language as applicable to the medium:

Attorney Advertising Notice:

"This is an attorney advertisement. [Firm name] is a law firm and the information contained on this [website/communication] is for general informational purposes only. Nothing on this [website/communication] is intended to create an attorney-client relationship, and no attorney-client relationship is formed unless and until you have entered into a written agreement for representation with [firm name]. Prior results do not guarantee a similar outcome."

Targeted Written Solicitation Label (required by ARPC 7.3(c) for targeted solicitations):

"ADVERTISING MATERIAL" — placed on the outside of any envelope and at the beginning and end of any recorded or electronic communication.

Contingency-Fee Disclosure (where applicable):

"If we represent you on a contingency basis, you will not owe attorney's fees unless we obtain a recovery on your behalf. [☐ You will / ☐ You will not] be responsible for advanced costs and expenses if no recovery is obtained. In Alaska civil litigation, the prevailing party may be entitled to attorney's fees and costs under Alaska Civil Rules 79 and 82; ask about your potential exposure before signing a fee agreement."

Dramatization / Impersonation Disclosure (where applicable):

"Dramatization. Scenes depicted are simulated for illustrative purposes and do not represent actual clients or events. Persons appearing are actors and not clients of the firm."

Spokesperson Disclosure (where applicable):

"[Name] is a [paid spokesperson / celebrity spokesperson] and is [not / is] an attorney with [firm name]."

ABA-Accredited Specialty Certification Disclosure (only if true):

"[Attorney name] is Board Certified in [field of law] by the [National Board of Trial Advocacy / other ABA-accredited certifying organization], an organization accredited by the American Bar Association. The Alaska Bar Association does not itself certify lawyers as specialists."

Ranking / Rating Reference (Alaska Bar Ethics Op. 2009-2 format):

"[Attorney name] was selected for inclusion in [PUBLICATION] [Year]" — or, if practice-area specific: "[Attorney name] was selected for inclusion in [PUBLICATION] [Year] in the area of [field of practice]."

Chatbot / AI Disclosure (where applicable):

"You are interacting with an automated assistant. This assistant is not an attorney, does not provide legal advice, and your communication with it does not create an attorney-client relationship with [firm name]."

Responsible Attorney Identification (required by ARPC 7.2):

"Responsible attorney: [________________________________], Alaska Bar No. [____________], [Office address: ________________________________]."

Multi-Jurisdictional Practice (where applicable):

"[Attorney name] is admitted to practice in [list jurisdictions]. [Attorney name] is [admitted / not admitted] in Alaska."

Part 11. Record Retention and Reviewer Certification

☐ A copy of the advertisement (in its final form, in each medium where used) has been saved to the firm's advertising archive
☐ A record of dates and venues of dissemination has been logged
☐ The advertisement will be retained for at least 2 years from the last date of dissemination (ARPC 7.2(b))
☐ For targeted written/recorded/electronic solicitations, the master copy of the labeled communication and the recipient list (or list-source description) have been retained

I have reviewed the above advertisement for compliance with Alaska Rules of Professional Conduct 7.1-7.5 and 8.4, the Alaska Bar Association ethics opinions (including 92-5 and 2009-2), and current Alaska Bar Association guidance, and certify the following:

☐ All applicable items are checked, OR
☐ Deficiencies have been identified and a remediation plan is documented below

Deficiencies / Remediation Notes:

[____________________________________________________________]

[____________________________________________________________]

[____________________________________________________________]

Reviewer Signature: ________________________________ Date: [__/__/____]

Reviewer Printed Name and Alaska Bar No.: [________________________________]

Sources and References

• Alaska Rules of Professional Conduct (Alaska Court System)
• Alaska Court System — Supreme Court Orders (SCO Library)
• Alaska Bar Association — Adopted Ethics Opinions (chronological)
• Alaska Bar Association Ethics Opinion 92-5 — Solicitation of Clients
• Alaska Bar Association Ethics Opinion 2009-2 — Use of Membership in Lawyer Ranking System in Lawyer/Law Firm Advertising
• SCO 1680 — Comments to ARPC 7.3 ("Advertising Material" labeling)
• ABA Model Rules of Professional Conduct 7.1-7.5 (2018 amendments — for reference; Alaska has not wholesale adopted)
• National Board of Trial Advocacy / National Board of Legal Specialty Certification (ABA-accredited)