Attorney Advertising Rules for the State of Idaho

In Idaho, attorney advertising is governed by the Idaho Rules of Professional Conduct (IRPC), specifically Rules 7.1 through 7.5. These regulations ensure that communications about legal services are truthful and uphold the integrity of the legal profession.

Rule 7.1: Communications Concerning a Lawyer’s Services

This rule prohibits false or misleading communications about a lawyer’s services. A statement is considered misleading if it contains a material misrepresentation of fact or law, or omits information that makes the overall message materially misleading. For example, suggesting guaranteed outcomes or creating unjustified expectations would violate this rule.

Rule 7.2: Advertising

Lawyers may advertise their services through various media, including written, recorded, or electronic communications, subject to certain conditions:

• Retention of Advertising Records: A copy or recording of an advertisement or communication must be kept for two years after its last dissemination, along with a record of when and where it was used.
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• Payment for Recommendations: Lawyers are prohibited from giving anything of value for recommending their services, except for paying reasonable costs of advertisements, usual charges of legal service plans, or not-for-profit lawyer referral services. Nominal gifts as expressions of appreciation are allowed, provided they are not intended or expected as compensation for recommendations.
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• Reciprocal Referral Agreements: Lawyers may enter into reciprocal referral agreements with other professionals, provided such agreements are not exclusive and the client is informed of the nature of the agreement.
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• Identification of Responsible Lawyer: All advertisements must include the name and office address of at least one lawyer or law firm responsible for their content.
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Rule 7.3: Solicitation of Clients

This rule addresses solicitation of clients:

• Prohibited Solicitations: Lawyers must not solicit professional employment through in-person, live telephone, or real-time electronic contact when a significant motive is pecuniary gain, unless the contact is with another lawyer or a person with whom the lawyer has a family, close personal, or prior professional relationship.
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• Permitted Communications: Solicitation through written, recorded, or electronic communication is permitted, provided it complies with Rule 7.1 and does not involve coercion, duress, or harassment.
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Rule 7.4: Communication of Fields of Practice and Specialization

Lawyers may communicate the areas of law in which they practice. However, a lawyer shall not state or imply that they are certified as a specialist in a particular field of law, unless:

• The lawyer has been certified as a specialist by an organization that has been approved by the Idaho State Bar.
• The name of the certifying organization is clearly identified in the communication.
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Rule 7.5: Firm Names and Letterheads

This rule governs the use of firm names and professional designations:

• Use of Trade Names: A law firm may use a trade name in private practice if it is not misleading and does not imply a connection with a government agency or with a public or charitable legal services organization.
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• Names of Lawyers: The use of names of deceased or retired members is permissible if the firm is a bona fide successor. However, the name of a lawyer holding public office must not be used in the firm name during any substantial period in which the lawyer is not actively and regularly practicing with the firm.
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Attorneys practicing in Idaho should familiarize themselves with these rules to ensure compliance in their advertising practices. For comprehensive information and resources, attorneys can consult the Idaho State Bar, which provides access to the full text of the Idaho Rules of Professional Conduct, ethics opinions, and guidelines to assist lawyers in adhering to ethical standards in all aspects of their practice.