Colorado Attorney Advertising Disclosure and Compliance Review

COLORADO 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 (Colo. RPC 7.1)
☐ An advertisement directed generally to the public (Colo. RPC 7.2)
☐ A solicitation of a specific prospective client known to need legal services in a particular matter (Colo. RPC 7.3)

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

Part 2. Colo. RPC 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 are accurate, are not paid in a manner that would be misleading, 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

Suggested disclaimer for testimonials/prior results:

"Past results are not a guarantee, warranty, or prediction of the outcome of any future matter. Every case is different and outcomes depend on the unique facts and circumstances."

Part 3. Colo. RPC 7.2 — Advertising: Specific Rules

☐ 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 (a bona fide office or the address of record with the Colorado Supreme Court Office of Attorney Registration)
☐ 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 Colo. RPC 7.2
☐ Reasonable fees paid to a qualified lawyer referral service operated in a manner consistent with the Rules
☐ 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, the client is informed of the existence and nature of the arrangement, and the arrangement otherwise complies with Colo. RPC 7.2
☐ Consistent with prudent practice, the lawyer will retain a copy or recording of the advertisement for at least 2 years after its last dissemination, together with a record of when and where it was used

Part 4. Colo. RPC 7.3 — Solicitation Restrictions

Complete this Part only if the communication is or may be a solicitation under Colo. RPC 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 Colo. RPC 7.3(a) exception — the person contacted is:
☐ Another lawyer
☐ A person with whom the lawyer has a family, close personal, or prior business or professional relationship
☐ A person who routinely uses for business purposes the type of legal services offered by the lawyer
☐ 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, audio, or electronic solicitations targeted to specific persons known to need legal services in a particular matter, the communication includes the words "Advertising Material" on the outside of any envelope 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, bereaved family), additional caution has been exercised and statutory or rule-based "anti-runner" considerations have been reviewed
☐ The solicitation contains the name and office address of the lawyer or law firm

Part 5. Colo. RPC 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
☐ The advertisement does not state or imply that the lawyer is a "certified specialist" in any field of law, UNLESS:
☐ The lawyer has been certified as a specialist by an organization approved by an appropriate state authority OR accredited by the American Bar Association, AND
☐ The communication clearly identifies the certifying organization and the field of certification
☐ "Expert," "expertise," "specialist," or "specializing in" language is used only where supported by the lawyer's experience and (where required) appropriate certification, and where it will not create an unjustified expectation
☐ For patent practice, only lawyers admitted to practice before the United States Patent and Trademark Office use the designation "Patent Attorney" or substantially similar language
☐ For admiralty practice, only lawyers engaged in that practice use the designation "Admiralty," "Proctor in Admiralty," or substantially similar language

Part 6. Colo. RPC 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 on letterheads and other comparable communications
☐ 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
☐ For multi-state firms: the Colorado office identifies which lawyers are admitted in Colorado and which are not

Part 7. Identification of Responsible Lawyer (Universal Requirement)

☐ The advertisement clearly identifies the name of at least one responsible lawyer or law firm
☐ The advertisement provides the office address of the responsible lawyer or firm
☐ For multi-medium campaigns, each piece (TV spot, radio spot, social post, banner ad) bears the responsible-attorney information in a form appropriate to the medium

Part 8. 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 Colorado bar admission, admissions in other jurisdictions, jurisdictional limitations, and any material disciplinary history
☐ The website includes an "Attorney Advertising" notice or substantively 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 communications about the lawyer's services comply with all the same Rule 7.1-7.5 requirements (including identification of the responsible lawyer)
☐ Paid search and display ads, including Google/Bing keyword ads, identify the responsible lawyer/firm
☐ The firm's use of competitor keywords has been reviewed for consistency with Colo. RPC 7.1 and 8.4 (no false, misleading, or deceptive practices)
☐ Search engine optimization (SEO) titles, meta descriptions, and structured-data markup do not contain false or misleading specialty claims
☐ Review sites (Google, Yelp, Avvo, Martindale): responses to client reviews do not breach client confidentiality (Colo. RPC 1.6)

Part 9. Television, Radio, and Streaming Electronic Media

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

☐ The message as a whole is not false, misleading, or deceptive, and is factually substantiated
☐ Required disclosures appear clearly and conspicuously (audibly for radio; both visually and audibly for television and video) for a duration sufficient to be perceived by a reasonable viewer
☐ The advertisement clearly identifies the responsible lawyer or law firm and an office location
☐ Any impersonation of a judge, juror, witness, attorney, or client, or any dramatization of events, is disclosed as such in the advertisement
☐ Any spokesperson (including a celebrity spokesperson) is disclosed by title, and any non-attorney spokesperson is not identified as an attorney
☐ A recording or copy of the advertisement, the script, and a log of broadcast dates/times will be retained for at least 2 years after the last broadcast (best-practice retention)

Part 10. 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 (e.g., "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 Colo. RPC 7.3
☐ Any generative AI used to draft advertising copy is reviewed by a responsible attorney for accuracy, factual substantiation, and compliance with Colo. RPC 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 (Colo. RPC 5.1, 5.3)
☐ The firm's client confidentiality and data-handling practices for the AI tool have been reviewed (Colo. RPC 1.6, 1.1)

Part 11. 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."

Solicitation Disclosure (where Colo. RPC 7.3 applies):

"Advertising Material."

(Required at the beginning AND ending of any recorded or electronic solicitation; on the outside of any envelope.)

Contingency-Fee Disclosure (where applicable):

"If we represent you on a contingent 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. Contingent fee agreements in Colorado must comply with Colo. RPC 1.5 and Chapter 23.3 of the Colorado Rules of Civil Procedure."

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]."

Certified Specialist Disclosure (only if true):

"[Attorney name] is certified as a specialist in [field of law] by [name of certifying organization, which is approved by the appropriate state authority or accredited by the American Bar Association]."

Multi-Jurisdiction Disclosure (where applicable):

"[Attorney name] is admitted to practice in [list jurisdictions]. [Attorney name] is not admitted to practice in [list non-admitted jurisdictions]."

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: [________________________________], Colorado Attorney Registration No. [____________], [Office address: ________________________________]."

Part 12. 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 (best practice; verify against current Colo. RPC 7.2)
☐ For television, radio, or streaming ads, the script and broadcast log are also retained

I have reviewed the above advertisement for compliance with Colorado Rules of Professional Conduct 7.1 through 7.5, Colo. RPC 8.4, and current Office of Attorney Regulation Counsel 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 Attorney Registration No.: [________________________________]

Sources and References

• Colorado Rules of Professional Conduct (Colorado Bar Association portal)
• Colo. RPC 7.1-7.5 (consolidated PDF)
• Colorado Judicial Branch — Rule Change 2020(29) (Rules 7.1-7.5 amendments)
• Office of Attorney Regulation Counsel (OARC)
• Colorado Supreme Court Office of Attorney Registration
• Colorado Bar Association — Ethics Opinions
• ABA Model Rules of Professional Conduct, Chapter 7 (for comparative reference)