Attorney Advertising Rules for the State of Ohio

Ohio Attorney Advertising Rules: Comprehensive Overview

Attorneys practicing in Ohio must adhere to specific advertising regulations as outlined in the Ohio Rules of Professional Conduct, particularly Rules 7.1 through 7.5. These rules 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 Ohio, with references to specific rules.

Rule 7.1: Communications Concerning a Lawyer’s Services

• Prohibition of False or Misleading Communications:
  • Lawyers must not make false or misleading communications about their services.
  • A communication is false or misleading if it contains a material misrepresentation of fact or law, or omits information that makes the statement as a whole materially misleading.
• Avoiding Unverifiable Claims:
  • Attorneys should not make claims that cannot be substantiated or verified.
  • Comparisons with other lawyers’ services are prohibited unless they can be factually substantiated.

Rule 7.2: Advertising and Recommendation of Professional Employment

• 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.
• Payment for Recommendations:
  • Lawyers shall not give anything of value to a person for recommending the lawyer’s services, except for:
    • Paying the reasonable costs of advertisements or communications permitted by these rules.
    • Paying the usual charges of a legal service plan or a nonprofit or qualified lawyer referral service.
    • Paying for a law practice in accordance with Rule 1.17.
• Mandatory Disclosures:
  • Any communication made pursuant to this rule shall include the name and office address of at least one lawyer or law firm responsible for its content.
• Restrictions on Solicitation:
  • A lawyer shall not seek employment in connection with a matter in which the lawyer or law firm does not intend to participate actively in the representation but intends to refer to other counsel.

Rule 7.3: Solicitation of Clients

• Direct Contact with Prospective Clients:
  • Lawyers must not solicit professional employment through in-person, live telephone, or real-time electronic 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 an appropriate authority or accredited by the American Bar Association.
    • The certifying organization’s name is clearly identified in the communication.

Rule 7.5: Firm Names and Letterheads

• Use of Firm Names:
  • Firm names, letterheads, and other professional designations must not be misleading.
• Trade Names:
  • Use of trade names is permissible if they do not imply a connection with a government agency or charitable organization and are not otherwise misleading.
• Identification of Jurisdictional Limitations:
  • If a firm operates in multiple jurisdictions, any jurisdictional limitations of lawyers not licensed to practice in a particular jurisdiction must be indicated.

Additional Considerations

• Internet and Social Media Advertising:
  • The Ohio Rules of Professional Conduct apply equally to digital advertising, including websites and social media platforms.
  • Attorneys must ensure that online content adheres to the same standards of truthfulness and transparency outlined in Rules 7.1 through 7.5.
• Use of Testimonials and Endorsements:
  • Testimonials and endorsements in advertisements must not create unjustified expectations or make unverifiable claims.
  • If a client testimonial discusses specific case outcomes, the advertisement must clearly disclose that outcomes depend on the unique circumstances of each case and cannot be guaranteed.
• Contingency Fee Disclosures:
  • Any advertisement mentioning contingency fees must clearly state that clients may still be responsible for court costs and expenses, even if the case is not successful.

Enforcement and Compliance

Disciplinary Actions for Non-Compliance

• Attorneys who fail to adhere to Ohio’s attorney advertising rules may face disciplinary actions by the Office of Disciplinary Counsel or the Board of Professional Conduct.
• Possible penalties include public reprimands, suspension, or disbarment, depending on the severity and frequency of the violations.

Seeking Guidance

• Attorneys unsure about the compliance of an advertisement or solicitation can seek advisory opinions from the Board of Professional Conduct.
• Preemptively reviewing advertising materials with a compliance expert is recommended to avoid potential violations.

Mandatory Record-Keeping

• Retention Period:
  • Lawyers must retain a copy of all advertisements and communications for a minimum of two years after their last dissemination.
  • Records must include details such as when and where the advertisement appeared.
• Digital Records:
  • Online and electronic advertisements must be preserved in a durable and retrievable format to ensure compliance with record-keeping requirements.

Additional Advertising Requirements in Ohio

Use of Actors and Dramatizations

• If advertisements feature actors portraying clients, lawyers, or events, the advertisement must include a disclaimer clarifying that the individuals are actors.
• Dramatizations or simulated events must also be labeled clearly to avoid misleading impressions.

Filing Requirements

• While Ohio does not mandate a formal filing of advertisements, attorneys are encouraged to self-review their materials to ensure compliance with ethical standards.

Public Media Advertising

• Advertisements aired on television or radio must meet all disclosure requirements, including:
  • Identifying the responsible attorney or law firm.
  • Providing contact details for verification and follow-up by potential clients.

Ohio’s attorney advertising rules, as outlined in Rules 7.1 through 7.5 of the Ohio Rules of Professional Conduct, are designed to protect the public from misleading or unethical practices while allowing lawyers to market their services effectively. These rules apply to all forms of advertising, including print, television, and online media.

Adhering to these guidelines ensures that attorneys can promote their services transparently and ethically while maintaining trust with potential clients. For more information or assistance with compliance, attorneys can consult the Office of Disciplinary Counsel or the Board of Professional Conduct. Proper compliance not only safeguards against disciplinary actions but also upholds the integrity of the legal profession in Ohio.