Attorney Advertising Rules for the State of Connecticut

Attorneys practicing in Connecticut are required to adhere to specific advertising regulations as outlined in the Connecticut Rules of Professional Conduct. These rules are designed to ensure that legal advertising is truthful, non-misleading, and upholds the integrity of the legal profession. Below is a detailed overview of the key provisions governing attorney advertising in Connecticut, with references to specific rules.

Rule 7.1: Communications Concerning a Lawyer’s Services

• Prohibition of False or Misleading Communications:
  • Attorneys must not make false or misleading communications about their services.
  • A communication is considered false or misleading if it contains a material misrepresentation of fact or law, or omits information that makes the statement as a whole misleading.
• Avoiding Unjustified Expectations:
  • Lawyers should avoid statements that create unjustified expectations about the results they can achieve.
  • Comparisons with other lawyers’ services are prohibited unless they can be factually substantiated.

Rule 7.2: Communications Concerning a Lawyer’s Services: Specific Rules

• Permissible Advertising Methods:
  • Lawyers may advertise their services through written, recorded, or electronic communication, including public media.
  • All advertisements must comply with Rule 7.1.
• Retention of Advertising Materials:
  • A copy or recording of each advertisement must be kept for three years after its last dissemination, along with a record of when and where it was used.
  • Electronic communications should be copied once every three months on a durable medium and retained for three years.
• Mandatory Filing Requirement:
  • Attorneys must comply with the mandatory filing requirement as specified in Practice Book Section 2-28A.
• Payment for Recommendations:
  • Lawyers shall not compensate, give, or promise anything of value to a person for recommending their services, except for:
    • Paying reasonable costs of permitted advertisements.
    • Paying usual charges of a not-for-profit or qualified lawyer referral service.
    • Paying for a law practice in accordance with Rule 1.17.
    • Reciprocal referral agreements that are not exclusive and where the client is informed of the agreement’s nature.
    • Giving nominal gifts as expressions of appreciation, provided they are not intended as compensation for recommendations and are limited to no more than two per year to any recipient.
• Certification as a Specialist:
  • Lawyers must not state or imply they are certified as specialists in a particular field of law unless:
    • They are currently certified by an organization approved by the Rules Committee of the Superior Court or an organization accredited by the American Bar Association.
    • The name of the certifying organization is clearly identified in the communication.
• Inclusion of Contact Information:
  • All communications must include the name and contact information of at least one lawyer admitted in Connecticut responsible for its content.
  • For television advertisements, the name, address, and telephone number must be displayed in bold print for at least fifteen seconds or the duration of the commercial, whichever is less, and must be prominent enough to be readable.
• Disclosure of Fee Information:
  • Advertisements mentioning fees, including contingent fees, must disclose whether and to what extent the client will be responsible for any court costs and expenses of litigation.

Rule 7.3: Solicitation of Clients

• Direct Contact with Prospective Clients:
  • Lawyers must not solicit professional employment through live person-to-person contact when a significant motive is the lawyer’s pecuniary gain, unless the contact is with:
    • Another lawyer.
    • A person with whom the lawyer has a family, close personal, or prior professional relationship.
• Written, Recorded, or Electronic Solicitation:
  • Such communications are permitted but must include the words “Advertising Material” at the beginning and end of the communication, unless the recipient is:
    • A lawyer.
    • A person with a prior professional relationship with the lawyer.
• Prohibited Solicitations:
  • Solicitation is prohibited if:
    • The prospective client has expressed a desire not to be solicited.
    • The solicitation involves coercion, duress, or harassment.

Rule 7.4: Communication of Fields of Practice and Specialization

• Stating Practice Areas:
  • Lawyers may communicate the areas of law in which they practice.
• Claims of Specialization:
  • Lawyers must not state or imply they are certified as a specialist in a particular field of law, except:
    • If they have been certified by an organization approved by the Rules Committee of the Superior Court or an organization accredited by the American Bar Association.
    • The certifying organization’s name is clearly identified in the communication.

Rule 7.5: Firm Names and Letterheads

• Clarity on Partnerships:
  • Lawyers practicing as part of a firm must ensure the firm name accurately reflects their partnerships or affiliations. Misleading use of terms like “partners” or “associates” is prohibited unless these relationships are formalized.
• Restrictions on Implying Authority:
  • A firm name or letterhead must not imply a connection with a governmental organization or an entity with regulatory authority unless this connection is accurate and disclosed.

Additional Considerations

Mandatory Filing of Advertisements

• Filing Requirement:
  • Lawyers in Connecticut must file all advertising materials, including television, print, and digital ads, with the Office of the Chief Disciplinary Counsel for review. This ensures compliance with advertising rules and provides an opportunity to address any concerns before publication.
• Filing Timeline:
  • The materials must be submitted at least 20 days before their first use. Failure to comply with this timeline can result in penalties or a requirement to withdraw the advertisement.

Retention of Advertising Records

• Record-Keeping Period:
  • Attorneys must retain copies of all advertisements for at least three years from the last date of dissemination. This includes maintaining records of when and where the advertisement was published.
• Electronic Advertising Records:
  • Digital advertisements must be saved and stored securely. Periodic backups on durable media are encouraged to prevent loss of compliance documentation.

Social Media and Website Advertising

• Applicability of Rules:
  • The same advertising rules apply to websites and social media platforms. Lawyers must ensure all content posted on these platforms adheres to the truthfulness and non-misleading communication standards under Rule 7.1.
• Disclaimers on Social Media:
  • Disclaimers such as “Advertising Material” may be required for specific posts or ads promoting legal services, depending on their nature and target audience.

Enforcement and Compliance

Disciplinary Actions for Non-Compliance

• Non-compliance with Connecticut’s advertising rules can result in disciplinary action by the Statewide Grievance Committee. This may include fines, suspension, or other penalties depending on the severity of the violation.

Advisory Opinions

• Attorneys unsure about the compliance of a proposed advertisement can seek advisory opinions from the Connecticut Bar Association or the Statewide Grievance Committee before publication. These resources provide guidance and help mitigate the risk of violations.

Connecticut’s attorney advertising rules, outlined in Rules 7.1 through 7.5 of the Connecticut Rules of Professional Conduct, are designed to protect the public from deceptive practices while maintaining the integrity of the legal profession. By adhering to these regulations, attorneys can develop effective marketing strategies that attract clients while remaining compliant with ethical standards.

For additional guidance or to review the full rules, attorneys can visit the Connecticut Judicial Branch website or contact the Office of the Chief Disciplinary Counsel. Proper adherence to these rules ensures ethical and professional advertising practices that benefit both attorneys and their clients.