Arkansas Attorney Advertising Disclosure and Compliance Review

ARKANSAS ATTORNEY ADVERTISING DISCLOSURE AND COMPLIANCE REVIEW

Reviewer and Advertisement Information

Part 1. Threshold Classification — Communication vs. Advertisement vs. Solicitation

This piece is best classified as (check one):

☐ A general communication about the lawyer's services (Rule 7.1)
☐ An advertisement directed generally to the public (Rule 7.2)
☐ A solicitation of a specific prospective client known to need legal services in a particular matter (Rule 7.3)
☐ A firm name / letterhead communication (Rule 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. Ark. R. Prof. Cond. 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
☐ Does not state or imply any factual or legal proposition the lawyer cannot substantiate
☐ Does not create an unjustified expectation about results (e.g., promised outcomes, specific dollar amounts) without an appropriate disclaimer
☐ Does not compare the lawyer's services with other lawyers' services unless the comparison can be factually substantiated
☐ Any testimonials or endorsements comply with Rule 7.1, are accurate, are not paid (or paid status is disclosed), and are accompanied by an appropriate disclaimer where prior results are referenced
☐ Any prior-results statements are accompanied by a disclaimer that results depend on the unique facts of each case and past results do not guarantee future outcomes
☐ Any simulated or "dramatized" scenes, actor portrayals, or stock footage that could be mistaken for a real client or event are disclosed as such

Recommended Rule 7.1 Disclaimers (include in advertisement where applicable):

"Past results do not guarantee, warrant, or predict future outcomes. Every case is different and must be evaluated on its individual facts."

"Persons depicted are actors and not actual clients of the firm."

Part 3. Ark. R. Prof. Cond. 7.2 — Advertising Requirements

☐ The advertisement contains the name of at least one lawyer or law firm responsible for its content
☐ The advertisement contains the office address of that lawyer or law firm
☐ The lawyer does not give anything of value to a person for recommending the lawyer's services, except:
☐ Reasonable costs of advertisements or communications permitted by the Rules
☐ The usual charges of a legal services plan or a not-for-profit qualified lawyer referral service
☐ For-purchase of a law practice in accordance with Rule 1.17
☐ A nominal gift as an expression of appreciation, not intended or reasonably expected as compensation for a recommendation
☐ Any reciprocal referral arrangement with another lawyer or non-lawyer professional is non-exclusive, the client is informed of the existence and nature of the arrangement, and the arrangement otherwise complies with Rule 7.2(b)
☐ The lawyer will retain a copy or recording of the advertisement, together with a record of when and where it was used, for at least five (5) years after its last dissemination (Arkansas best practice; verify current rule text for retention period)

Part 4. Ark. R. Prof. Cond. 7.3 — Solicitation Restrictions

Complete this Part only if the communication is or may be a solicitation under Rule 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 a Rule 7.3 exception — the person contacted is:
☐ Another lawyer
☐ A person with whom the lawyer has a close personal or family relationship
☐ A person with whom the lawyer has a prior professional relationship
☐ A person who routinely uses the type of legal services involved for business purposes
☐ The person solicited has not made known a desire not to be solicited
☐ The solicitation does not involve coercion, duress, or harassment

For written, recorded, or electronic solicitations targeted to a specific person known to need legal services in a particular matter:

☐ The communication includes the words "Advertisement" (or substantively equivalent label such as "Advertising Material") on the outside of any envelope and at the beginning and end of any recorded or electronic communication
☐ For self-mailing brochures/pamphlets, the "Advertisement" label appears on the address panel in a manner that is clear and conspicuous (verify any color/typeface requirements in the current Arkansas rule text and any OPC advisory opinion before printing)
☐ For email solicitations to a known prospective client in a particular matter, the subject line clearly identifies the message as advertising (e.g., "ADVERTISEMENT")
☐ The solicitation does not target a person known by the lawyer to be in a physical, emotional, or mental state that would make it unlikely the person could exercise reasonable judgment in employing a lawyer
☐ Any applicable time-based moratorium on solicitation of accident victims, hospitalized persons, or families of decedents has been verified against the current Arkansas Rule 7.3 text and any per curiam amendments before dissemination (note: Arkansas has historically incorporated targeted-solicitation restrictions modeled on federal statutes such as 39 U.S.C. § 3001 governing direct mail to accident/disaster victims — confirm current Arkansas rule before any mailing to recent incident victims)
☐ The solicitation does not use a "runner," "capper," or other paid intermediary to obtain professional employment (also actionable under Ark. R. Prof. Cond. 7.2 and 8.4)

Recommended Solicitation Notice Language (include in any targeted written solicitation):

"ADVERTISEMENT. This is a written solicitation sent by [Firm Name], an Arkansas law firm, for the purpose of offering legal services. You are receiving this communication because [public record source / referral source]. If you do not wish to receive further solicitations from [Firm Name], please contact us at [opt-out address/phone/email]. You have the right to consult with any lawyer of your choice, and to report any concerns about this communication to the Office of Professional Conduct of the Arkansas Supreme Court."

Part 5. Ark. R. Prof. Cond. 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
☐ No statement claims the lawyer is a "certified specialist," "specialist," or "expert," UNLESS:
☐ The lawyer has been certified as a specialist by an organization accredited by the American Bar Association (or otherwise approved by the Arkansas Supreme Court), AND
☐ The communication clearly identifies the certifying organization and the field of certification
☐ The lawyer who is admitted to engage in patent practice before the U.S. Patent and Trademark Office may use the designation "Patent Attorney" or substantively similar
☐ The lawyer engaged in Admiralty practice may use the designation "Admiralty," "Proctor in Admiralty," or substantively similar
☐ "Expert," "expertise," "specialist," or "specializing in" language is used only where supported by a qualifying certification and identification of the certifying body — otherwise these terms are avoided
☐ Any rating, ranking, or award referenced (e.g., "Super Lawyers," "Best Lawyers," "AV Preeminent") identifies the awarding organization and is not presented in a manner that would create an unjustified expectation

Part 6. Ark. R. Prof. Cond. 7.5 — Firm Names and Letterheads

☐ The firm name does not falsely imply a connection with a government agency, public or charitable legal services organization, or a lawyer or firm not associated with the firm
☐ 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 are identified (e.g., "Admitted in AR only," "Not admitted in TX")
☐ 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
☐ The letterhead and website identify the bar admission(s) of each listed lawyer
☐ For firms with branch offices, the principal office address is identified

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
☐ Each practice-area page is reviewed for accuracy of legal content and the absence of unjustified expectations
☐ Attorney biographies accurately reflect bar admissions (Arkansas Bar No., other jurisdictions), 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 Rule 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
☐ The firm does not purchase the names of other lawyers as keyword triggers in a manner that is false or misleading
☐ Online reviews and reputation-management responses do not disclose client confidential information in violation of Rule 1.6

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 ("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 Ark. R. Prof. Cond. 7.3
☐ Any generative AI used to draft advertising copy is reviewed by a responsible Arkansas-licensed attorney for accuracy, factual substantiation, and compliance with Rule 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 under Rule 5.3, including human review of outputs
☐ The firm's client confidentiality and data-handling practices for the AI tool have been reviewed under Rule 1.6 and Rule 1.1

Part 9. 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."

Contingency-Fee Disclosure (where applicable):

"If we represent you on a contingent-fee basis, the fee will be a percentage of any recovery. [☐ Costs and expenses will / ☐ Costs and expenses will not] be deducted from any recovery, and you may be responsible for [advanced costs / no costs] if there is no recovery. A written agreement signed by the client is required for any contingent-fee representation. Ark. R. Prof. Cond. 1.5(c)."

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]."

Specialty / Certification Disclosure (only if true):

"Arkansas does not certify any lawyer as a specialist in any field of law. [Attorney name] is certified as a specialist in [field of law] by [name of certifying organization], an organization accredited by the American Bar Association."

Targeted Written Solicitation Notice (Rule 7.3):

"ADVERTISEMENT. This is a written solicitation sent by [Firm Name] for the purpose of offering legal services. You have the right to consult with any lawyer of your choice. Concerns about this communication may be reported to the Office of Professional Conduct of the Arkansas Supreme Court."

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:

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

Part 10. 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 five (5) years from the last date of dissemination (consistent with Arkansas attorney record-retention practice)
☐ For targeted written solicitations: a copy of the communication, the source of the prospective client's name and address, and the date of mailing are retained in the firm's solicitation log

I have reviewed the above advertisement for compliance with Arkansas Rules of Professional Conduct 7.1–7.5, the Arkansas Supreme Court Procedures Regulating Professional Conduct of Attorneys at Law, and current Office of Professional Conduct 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 Arkansas Bar No.: [________________________________]

Sources and References

• Arkansas Rules of Professional Conduct (current edition, Arkansas Judiciary)
• Arkansas Rules of Professional Conduct — 2024 Edition Index (Rules 7.1–7.5)
• Office of Professional Conduct — Arkansas Judiciary (disciplinary decisions and advisory opinions)
• Arkansas Supreme Court Procedures Regulating Professional Conduct of Attorneys at Law
• Arkansas Bar Association — Professional Conduct Resources
• ABA Model Rules of Professional Conduct 7.1–7.5 (2018 amendments — Arkansas analogue)
• Ark. Code Ann. § 16-22-201 et seq. (Attorneys at Law)
• Arkansas attorney advertising rules overview (third-party summary)