Attorney Advertising Rules for the State of Kansas

In Kansas, attorney advertising is governed by the Kansas Rules of Professional Conduct (KRPC), specifically Rules 7.1 through 7.5. These rules are designed to ensure that communications about legal services are truthful, not misleading, and uphold the integrity of the legal profession.

Rule 7.1: Communications Concerning a Lawyer’s Services

This rule prohibits lawyers from making false or misleading statements 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 not materially misleading.
• Is likely to create an unjustified expectation about results the lawyer can achieve.
• Compares the lawyer’s services with those of others, unless the comparison can be factually substantiated.

For example, suggesting guaranteed outcomes or creating unjustified expectations would violate this rule.

Rule 7.2: Advertising

Lawyers are permitted to advertise their services through various media, provided they adhere 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 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 this rule and paying the usual charges of a not-for-profit lawyer referral service or other legal service organization.
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Rule 7.3: Solicitation of Clients

This rule addresses direct solicitation of clients:

• Prohibited Solicitations: Lawyers must not solicit professional employment by live person-to-person contact when a significant motive is the lawyer’s pecuniary gain, unless the contact is with another lawyer, a person who has a family, close personal, or prior business or professional relationship with the lawyer, or a person who is known to be an experienced user of the type of legal services involved for business matters.
• Permitted Communications: Solicitation through written, recorded, or electronic communication is permitted under certain conditions, provided it complies with Rule 7.1 and is not coercive or harassing.

Rule 7.4: Communication of Fields of Practice

Lawyers may communicate their areas of practice and state that they concentrate in or are specialists in particular fields based on their experience, specialized training, or education. However, such communications must not be false or misleading, as governed by Rule 7.1.

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.
• 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.

Attorneys practicing in Kansas should familiarize themselves with these rules to ensure compliance in their advertising practices. For comprehensive information and resources, attorneys can consult the Kansas Judicial Branch, which provides access to the full text of the Kansas Rules of Professional Conduct, ethics opinions, and guidelines to assist lawyers in adhering to ethical standards in all aspects of their practice.