Let’s suppose that an attorney wants to advertise his services in his college’s alumni newsletter. The ad would be simple, just name, “attorney at law”, and phone number (and address if required by the rules)
The problem is that the newsletter is sent to 50 states and many other countries. Of course, certain other jurisdictions require filing of advertisements, payment of fees, and God knows what else.
If the ad contains a disclaimer that says “admitted in _____ and ____” or “practising in ______ and _______,” would that be sufficient to avoid requirements imposed by other jurisdictions?
Hmmmm. I always thought that advertising by lawyers was limited by themselves, not legislation. If what you indicate by your question has a basis in fact, I’m going to be writing the stations that air the endless attorney at law advertisements on the satelite stations.
It isn’t just lawyers that self-limit public advertising, it is any profession, including doctors, engineers, surveyors, scientists, etc.
Of course, this being Friday evening, someone is going to have to keep bumping this thread until Monday or Tuesday when the lawyers get back from the three day golf tournament.
Generally a lawyer will be licensed in the state and maybe the Federal circuit he or she lives in if he or she practices Federal law. In other words, I’m going to have to comply with Texas Bar standards in advertising (e.g., announce that I’m not certified by the Board of Legal Specialization of Texas).
If the ad goes to states other than Texas, so what? I’m only licensed in Texas and only trying to attract business to there, involving claims/crimes already in that jurisdiction. I’m not really trying to increase my Oklahoma clientele. As long as I’m complying with the rules of the state I’m licensed to practice in there probably isn’t any problem.
pravnick said: “As long as I’m complying with the rules of the state I’m licensed to practice in there probably isn’t any problem.”
I agree. A lawyer is only obligated to comply with the regulations of the state in which s/he is licensed and authorized to practice. A lawyer won’t be practicing in any
state(s) but the one(s) in which s/he is licensed.
This could be a problem if the lawyer were licensed in many states and each state required a different disclaimer. In AL it’s:
“No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.”
Quite a mouthful. Or pageful, as the case may be. Which is why they say it really fast on the t.v. and have it in teeny print in print ads. I can’t imagine having to say or print several of these disclaimers in the same ad. But most attorneys I know of aren’t licensed in more than two or three states, usually just the one.
bare said: "I always thought that advertising by lawyers was limited by themselves, not legislation . . . It isn’t just lawyers that self-limit public advertising, it is any profession, including doctors, etc. "
Actually, that’s not entirely accurate, at least not in AL.
Code of AL Sec. 34-24-54 (I think, it’s definitely 34-24, I’m not sure about the 54 right now) contains some restrictions against physicians’ advertising. Physicians (and lawyers) are also “self-limited,” I guess that’s one way to put it, in advertising; that is, the Administrative Rules of the Medical Board and the Bar Association contain regulations about advertising which, if the professional violated, could result in an action against the license to practice in that state.
I am not a lawyer, and I am not off on a three-day vacation
Hmmm…rereading my post it looks like I’m saying I’m licensed in Texas. I should clarify: I’m not, just speaking hypothetically. IANAL yet…hopefully in a few months.
Lawyer checking in. I don’t know the definitive ethical answer, but I think the practical answer is what pravnik said. I’m only licensed to practice in Texas. If I put an ad out in a national media outlet, even if I’m soliciting clients who may be in other states to use me as their Texas counsel, those other state bars can’t discipline me for not complying with their rules. The only bars I have to worry about are the ones where I’m actually practicing.
In light of minty’s post, I’m going to nitpick my own (pretty anal, eh?). When I said “I’m not actually trying to increase my Oklahoma clientele”, actually, I may be, for my Texas practice. I meant to say I’m not actually trying to practice in Okalhoma, just advertising for my own practice here (speaking hypothetically again).
