Attorney Advertising Rules for the State of Colorado

Colorado Attorney Advertising Rules: Comprehensive Overview

Attorneys practicing in Colorado must adhere to specific advertising regulations outlined in the Colorado Rules of Professional Conduct (CRPC), 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 Colorado.

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 a fact necessary to make the statement considered as a whole not materially misleading.
    • Is likely to create unjustified expectations about results the lawyer can achieve, or implies that the lawyer can achieve results by means that violate the CRPC or other laws.
    • Compares the lawyer’s services with those of other lawyers unless the comparison can be factually substantiated.
    • Fails to include the name of at least one lawyer responsible for its content.

Rule 7.2: Advertising

• Permissible Advertising Methods:
  • Lawyers may advertise their services through written, recorded, or electronic communication, including public media.
• Payment for Recommendations:
  • Lawyers shall not give anything of value to a person for recommending the lawyer’s services, except that a lawyer may:
    • Pay the reasonable costs of advertisements or communications permitted by this Rule.
    • Pay the usual charges of a legal service plan or a not-for-profit or qualified lawyer referral service.
    • Pay for a law practice in accordance with Rule 1.17.
    • Refer clients to another lawyer or a nonlawyer professional pursuant to an agreement not otherwise prohibited under these Rules that provides for the other person to refer clients or customers to the lawyer, if the reciprocal referral agreement is not exclusive and the client is informed of the existence and nature of the agreement.
• Mandatory Inclusions:
  • All advertisements must include the name and office address of at least one lawyer or law firm responsible for their content.
• Retention of Advertising Records:
  • A copy or recording of an advertisement or written communication shall be kept for two years after its dissemination, along with a record of when and where it was used.

Rule 7.3: Solicitation of Clients

• Solicitation Restrictions:
  • Lawyers shall not solicit professional employment by live person-to-person contact when a significant motive for the lawyer’s doing so is the lawyer’s or law firm’s pecuniary gain, unless the contact is with a:
    • Lawyer.
    • Person who has a family, close personal, or prior business or professional relationship with the lawyer or law firm.
    • Person who routinely uses for business purposes the type of legal services offered by the lawyer.
• Prohibited Solicitations:
  • Solicitation is prohibited if:
    • The prospective client has made known a desire not to be solicited.
    • The solicitation involves coercion, duress, or harassment.
• Required Disclosures:
  • Written, recorded, or electronic solicitations must include the words “Advertising Material” on the outside envelope and at the beginning and end of any recorded or electronic communication, unless the recipient is a person specified in paragraphs (b)(1), (b)(2), or (b)(3).

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 shall not state or imply they are certified as a specialist in a particular field of law, unless:
    • They have been certified by an organization approved by an appropriate authority or accredited by the American Bar Association.
    • The name of the certifying organization is clearly identified in the communication.
• Mandatory Disclaimer:
  • Communications indicating specialization must include the disclaimer: “The Colorado Supreme Court does not certify lawyers as specialists in any field.”

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 with a public or charitable legal services organization and are not otherwise in violation of Rule 7.1.
• Names of Deceased or Retired Partners:
  • The name of a deceased or retired partner may be used in a firm name if the use is consistent with local custom and not misleading.
• Public Office Restrictions:
  • Lawyers who hold public office cannot be included in a firm name or in communications during a substantial period in which they are not actively practicing with the firm.
• Jurisdictional Limitations:
  • If a firm operates in multiple jurisdictions, advertisements and letterheads must indicate any limitations for lawyers not licensed to practice in a particular jurisdiction.

Record-Keeping Requirements

• Retention of Advertising Records:
  • Attorneys must retain copies of all advertisements for a minimum of two years following their last dissemination.
  • Records should include when and where the advertisement was used, along with any supporting materials, such as scripts, print ads, or online screenshots.
• Website and Digital Advertising:
  • Lawyers are required to preserve copies of website and digital advertising content in a retrievable format for at least two years to ensure compliance with the Colorado Rules of Professional Conduct.

Digital Advertising and Social Media Compliance

Transparency on Websites and Social Media

• Applicability of Rules:
  • All digital communications, including websites, blogs, and social media platforms, must comply with Rules 7.1 through 7.5 of the Colorado Rules of Professional Conduct.
• Use of Testimonials and Reviews:
  • Testimonials must not create unjustified expectations or imply guaranteed outcomes.
  • Any testimonials referencing specific case results must include a disclaimer clarifying that results depend on the unique circumstances of each case.

Video and Audio Advertising

• Use of Dramatizations and Actors:
  • Advertisements using dramatizations or actors must include clear disclaimers, such as, “This is a dramatization. Not an actual client or case.”

Email and Online Solicitations

• Disclosure Requirements:
  • Email solicitations must prominently display “Advertising Material” in the subject line and at the beginning of the message.
• Prohibited Practices:
  • Solicitation through email or online platforms involving coercion, harassment, or misleading statements is prohibited.

Enforcement and Compliance

Oversight by the Colorado Supreme Court Office of Attorney Regulation Counsel

• The Office of Attorney Regulation Counsel oversees attorney advertising compliance and enforces rules through disciplinary measures.

Consequences of Non-Compliance

• Attorneys found in violation of Colorado’s advertising rules may face disciplinary actions, including:
  • Warnings or reprimands for minor infractions.
  • Suspension or disbarment for severe or repeated violations.

Advisory Opinions

• Attorneys unsure of their advertising practices can seek advisory opinions from the Colorado Bar Association Ethics Committee to ensure compliance and reduce risks of violations.

Additional Advertising Considerations

Contingency Fee Advertisements

• Required Disclosures:
  • Advertisements referencing contingency fees must clarify whether clients are responsible for court costs and other expenses, even if the case is unsuccessful.

Avoiding Misleading Statements

• Accuracy in Advertising:
  • Lawyers must ensure that all advertisements accurately reflect their qualifications, experience, and areas of practice. Misleading or exaggerated claims are strictly prohibited.

Referral Practices

• Disclosure of Referrals:
  • Attorneys who frequently refer cases to other firms must disclose this practice in advertisements, clarifying the referring attorney’s role in the case.

The attorney advertising rules in Colorado, outlined in Rules 7.1 through 7.5 of the Colorado Rules of Professional Conduct, ensure that legal marketing remains ethical, transparent, and professional. These regulations apply to all forms of advertising, from traditional media to digital platforms, ensuring potential clients receive honest and accurate information.

By adhering to these rules, attorneys can effectively market their services while maintaining compliance and building trust with clients. For further guidance, attorneys are encouraged to consult the Colorado Bar Association Ethics Committee or the Office of Attorney Regulation Counsel.