Delaware Attorney Advertising Disclosure and Compliance Review

DELAWARE 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 (DLRPC 7.1)
☐ An advertisement directed generally to the public (DLRPC 7.2)
☐ A targeted solicitation of a specific prospective client known to need legal services in a particular matter (DLRPC 7.3)
☐ A communication of fields of practice or specialization (DLRPC 7.4)
☐ A firm-name / letterhead / sign subject to DLRPC 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. DLRPC 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 and accompanied by an appropriate disclaimer
☐ Any prior-results statements (verdicts, settlements) are accompanied by a disclaimer that results depend on the unique facts of each case and that past results do not guarantee future outcomes
☐ Any simulated scenes, actor portrayals, or stock footage that could be mistaken for a real client or event are disclosed as such

Part 3. DLRPC 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 (a Delaware office consistent with Delaware Supreme Court Rule 12(d), where the lawyer represents Delaware admission)
☐ 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
☐ Reasonable fees paid to a qualified, not-for-profit lawyer referral service
☐ Reasonable payment for lead generation that does not "recommend" the lawyer and that itself complies 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 DLRPC 7.2 and 5.4
☐ Any marketing professional's compensation is not based on a percentage of revenues from new or old clients (DSBA Ethics Op. 2009-1)
☐ The firm will retain a copy or recording of the advertisement and a record of where and when it was used for at least 2 years after last dissemination (best practice consistent with ABA Model Rule 7.2(c))

Part 4. DLRPC 7.3 — Solicitation Restrictions

Complete this Part only if the communication is or may be a solicitation under DLRPC 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 DLRPC 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, audio, or recorded 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 end of any audio or video recorded communication
☐ If the prospective client is in a particularly vulnerable state (e.g., recent accident victim, hospital patient), additional caution has been applied and the firm has considered any state-law restrictions on contact with accident victims

Part 5. DLRPC 7.4 — Fields of Practice and Specialization (DELAWARE DOES NOT CERTIFY)

☐ Statements of fields of practice are factually accurate (e.g., "Practice areas include [_______]" or "Concentrating in [_______]")
☐ No statement claims the lawyer is a "certified specialist" or "specialist" in any field of law, UNLESS:
☐ The lawyer has been certified as a specialist by an organization accredited by the ABA (or another appropriate authority), AND
☐ The communication clearly identifies the certifying organization and the field of certification, AND
☐ The communication includes a clear statement that the Supreme Court of Delaware does not certify lawyers as specialists in any field of law
☐ Words such as "expert," "expertise," "specialist," or "specializing in" are used only where supported by the lawyer's experience and (where required) certification, and where they will not create an unjustified expectation under DLRPC 7.1
☐ If the lawyer is using a "Super Lawyer," "Best Lawyer," "Top Lawyer," "AV Preeminent," "Rising Star," or similar third-party designation, the advertisement states the year and the specific specialty/area of practice of the designation (DSBA Ethics Op. 2008-2)
☐ The use of any rating, ranking, or award:
☐ Identifies the organization issuing the designation
☐ Identifies the methodology or makes the methodology readily accessible (e.g., via link)
☐ Does not imply Delaware Supreme Court endorsement or state certification
☐ For lawyers admitted in other jurisdictions in addition to Delaware, the advertisement clearly identifies any jurisdictional limitations (DLRPC 7.4; 7.5; DSBA Ethics Op. 2021-1)

Part 6. DLRPC 7.5 — Firm Names, Letterheads, and Office Identification

☐ 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 DE and PA only")
☐ 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 advertisement does not suggest that a lawyer has an office in Delaware unless the lawyer maintains a bona fide office in Delaware as defined in Delaware Supreme Court Rule 12(d) (more than a mail drop, secretarial service, or unattended location)
☐ For remote-practice arrangements, the advertisement complies with DSBA Ethics Op. 2021-1 (a Delaware-licensed lawyer working remotely from another jurisdiction must not advertise or hold out as having an office in that other jurisdiction unless authorized there)

Part 7. DLRPC 7.6 — Political Contributions to Obtain Engagements or Appointments

Complete this Part only if the lawyer or firm accepts government legal engagements or appointments by judges (e.g., receivership, guardian ad litem, court-appointed counsel).

☐ The lawyer/firm does not accept a government legal engagement or appointment by a judge if the lawyer or firm makes a political contribution or solicits political contributions for the purpose of obtaining or being considered for that engagement or appointment (DLRPC 7.6)
☐ The firm has an internal log of political contributions by attorneys and a policy ensuring that contributions are not made for the purpose of influencing engagements/appointments

Part 8. DLRPC 5.5 / Multijurisdictional Practice and Bona Fide Office

☐ The advertisement does not hold the lawyer out as licensed in any jurisdiction in which the lawyer is not admitted
☐ The advertisement does not state or imply an office in any jurisdiction in which the lawyer does not maintain a bona fide office or other authorized presence
☐ The advertisement does not offer to provide legal services for matters governed by another jurisdiction's law unless the lawyer is authorized to provide those services (DLRPC 5.5; DSBA Ethics Op. 2021-1)

Part 9. Digital, Social Media, and Website-Specific Items

☐ The firm's website identifies at least one responsible lawyer by name and includes a Delaware office address (where Delaware practice is offered)
☐ Each practice-area page is reviewed for accuracy of legal content and the absence of unjustified expectations under DLRPC 7.1
☐ Attorney biographies accurately reflect bar admissions and jurisdictional limitations; admission to "the Delaware Bar" is stated only where accurate
☐ 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 addressing how visitor information (including chat transcripts and form submissions) is handled
☐ Social media posts that constitute advertising comply with all DLRPC 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 in the visible or landing-page content
☐ The firm does not purchase the names of other lawyers as keyword triggers in a manner that is false or misleading under DLRPC 7.1

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

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."

Delaware "No State Certification" Disclosure (where any specialty/expertise language or third-party rating is used):

"The Supreme Court of Delaware does not certify lawyers as specialists in any field of law. Any reference to a designation, rating, or award reflects an honor conferred by a third party using the methodology described by that organization, and does not represent certification by the Supreme Court of Delaware."

Third-Party Rating / "Super Lawyer" / "Best Lawyer" Disclosure (DSBA Ethics Op. 2008-2):

"[Attorney name] was selected to [Super Lawyers / Best Lawyers in America / other publication] in [year] in the area of [practice area]. The selection methodology is available at [URL]. No aspect of this advertisement has been approved by the Supreme Court of Delaware."

Targeted Written / Recorded Solicitation Label (DLRPC 7.3):

"ADVERTISING MATERIAL"
(Appearing on the outside of any envelope and at the beginning and end of any recorded audio or video communication directed to a specific person known to need legal services in a particular matter.)

Contingent-Fee Disclosure (where applicable, DLRPC 1.5(c)):

"If we represent you on a contingent basis, you will not owe attorney's fees unless we obtain a recovery on your behalf. The contingent percentage and the treatment of litigation expenses will be set out in a written agreement signed by the client, as required by Delaware Lawyers' Rule of Professional Conduct 1.5(c). [☐ You will / ☐ You will not] be responsible for advanced costs and expenses if no recovery is obtained."

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."

Jurisdictional Limitation Disclosure (DLRPC 7.5):

"[Attorney name] is admitted to practice in [Delaware / other listed jurisdictions]. Services in jurisdictions in which [Attorney name] is not admitted will be undertaken only as permitted by the applicable rules of professional conduct."

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 (DLRPC 7.2):

"Responsible attorney: [________________________________], Delaware Bar ID [____________], [Delaware 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; confirm any new Delaware-specific retention requirement before disposal)

I have reviewed the above advertisement for compliance with the Delaware Lawyers' Rules of Professional Conduct, Rules 7.1–7.6 (and related Rules 1.5, 5.5, and 1.0), Delaware Supreme Court Rule 12(d), and current guidance from the Office of Disciplinary Counsel and the DSBA Committee on Professional Ethics, and certify:

☐ 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 Delaware Bar ID: [________________________________]

Sources and References

• Office of Disciplinary Counsel — Digest of the Delaware Lawyers' Rules of Professional Conduct
• DSBA Ethics Opinion 2008-2 (Super Lawyer / Best Lawyer designations; Rules 7.1, 7.2, 7.3)
• DSBA Ethics Opinion 2009-1 (Compensation of a law firm's marketing professional; Rules 5.4, 7.2)
• DSBA Ethics Opinion 2021-1 (Remote practice; Rule 5.5)
• DSBA Committee on Professional Ethics — Opinions Index
• Office of Disciplinary Counsel — How to File a Complaint
• Office of Disciplinary Counsel — Ethics Hotline
• Delaware Supreme Court — Rules of the Court (including Rule 12 bona fide office requirement)
• Delaware Lawyers' Rules of Professional Conduct — Rule 1.5 (Fees, for contingent-fee advertising context)