Attorney Advertising Rules for the State of Michigan

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

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 considered false or misleading if it:
    • Contains a material misrepresentation of fact or law, or omits a fact necessary to make the statement 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 MRPC 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 cost of advertisements or communications permitted by this rule.
    • Participate in, and pay the usual charges of, a not-for-profit lawyer referral service or other legal service organization that satisfies the requirements of Rule 6.3(b).
    • Pay for a law practice in accordance with Rule 1.17.
• 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 communication shall be kept for two years after its last 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 from a prospective client by in-person, live telephone, or real-time electronic contact when a significant motive is the lawyer’s pecuniary gain, unless the person contacted:
    • Is a lawyer.
    • Has a family, close personal, or prior professional relationship with the soliciting 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 lawyer or has a prior relationship with the lawyer.

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 State Bar of Michigan does not certify specialists in the practice of law.”

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 durable, retrievable format for at least two years.

Digital Advertising and Social Media Compliance

• Applicability of Rules:
  • Websites, blogs, and social media platforms must comply with Rules 7.1 through 7.5 of the Michigan Rules of Professional Conduct.
• Use of Testimonials and Reviews:
  • Testimonials must not create unjustified expectations or imply guaranteed outcomes.
  • Advertisements that feature testimonials about specific case results must include disclaimers clarifying that outcomes depend on the unique facts of each case.

Video and Audio Advertising

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

Email and Online Solicitations

• Disclosure Requirements:
  • Email solicitations must include the phrase “Advertising Material” in the subject line and at the beginning of the message.
• Prohibited Practices:
  • Solicitation using email or online channels must avoid misleading or coercive language.

Enforcement and Compliance

Oversight by the Attorney Grievance Commission

• The Attorney Grievance Commission of Michigan monitors advertising compliance and handles disciplinary proceedings for violations of the rules.

Consequences of Non-Compliance

• Attorneys who fail to adhere to Michigan’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 can seek advisory opinions from the State Bar of Michigan Ethics Hotline to clarify compliance concerns and mitigate risks.

Additional Advertising Considerations

Contingency Fee Advertisements

• Required Disclosures:
  • Advertisements referencing contingency fees must state whether clients may still be responsible for other expenses, such as court costs, even if the case is not successful.

Avoiding Misleading Statements

• Accuracy in Advertising:
  • All advertisements must accurately reflect the attorney’s qualifications, experience, and practice areas. Misleading or exaggerated claims are prohibited.

Referral Practices

• Disclosure of Referrals:
  • Attorneys who frequently refer cases to other firms must disclose this practice in advertisements, specifying their role in referred cases.

The attorney advertising rules in Michigan, outlined in Rules 7.1 through 7.5 of the Michigan Rules of Professional Conduct, are designed to ensure ethical and transparent legal marketing practices. These regulations govern all forms of advertising, including traditional and digital platforms, ensuring that potential clients receive accurate and truthful information.

By adhering to these guidelines, attorneys can market their services effectively, build trust with potential clients, and avoid disciplinary action. For additional guidance, attorneys are encouraged to consult the State Bar of Michigan Ethics Hotline or the Attorney Grievance Commission of Michigan.