In Iowa, attorney advertising is governed by the Iowa Rules of Professional Conduct, specifically Rules 32:7.1 through 32:7.5. These rules are designed to ensure that communications about legal services are truthful, not misleading, and uphold the integrity of the legal profession.
Rule 32:7.1: 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.
- Creates unjustified expectations about the results a lawyer can achieve.
- Includes comparisons of services that cannot be factually substantiated.
For example, guarantees of specific outcomes or results would violate this rule.
Rule 32:7.2: Advertising
Lawyers are permitted to advertise their services through various media, provided they adhere to certain conditions:
- 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 lawyer referral service or other legal service organization.
- Required Disclosures: Advertisements must include the name and contact information of at least one lawyer or law firm responsible for their content.
- Retention of Advertisements: A copy of the advertisement must be retained for two years after its last dissemination, along with a record of when and where it was used.
Rule 32:7.3: 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 32:7.4: Communication of Fields of Practice and Specialization
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 32:7.5: 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 Iowa should familiarize themselves with these rules to ensure compliance in their advertising practices. For comprehensive information and resources, attorneys can consult the Iowa Judicial Branch’s Office of Professional Regulation, which provides access to the full text of the Iowa Rules of Professional Conduct, ethics opinions, and guidelines to assist lawyers in adhering to ethical standards in all aspects of their practice.