Attorney Advertising Rules for the State of Oklahoma

In Oklahoma, attorney advertising is regulated by the Oklahoma Rules of Professional Conduct, specifically Rules 7.1 through 7.5. These rules establish ethical standards to ensure that communications about legal services are truthful and not misleading.

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 information that makes the statement as a whole materially misleading. 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:

• Payment for Recommendations: Lawyers shall not give anything of value, directly or indirectly, to a person for recommending the lawyer’s services, except for paying the reasonable costs of advertisements or communications permitted by this rule; paying the usual charges of a legal service plan or a not-for-profit or qualified lawyer referral service; paying for a law practice in accordance with Rule 1.17; and making reciprocal referral agreements with other professionals, provided the agreement is not exclusive and the client is informed of its existence and nature.
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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 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.
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• 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.
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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.
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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 Oklahoma should familiarize themselves with these rules to ensure compliance in their advertising practices. For comprehensive information and resources, attorneys can consult the Oklahoma Bar Association, which provides access to the full text of the Oklahoma Rules of Professional Conduct, ethics opinions, and guidelines to assist lawyers in adhering to ethical standards in all aspects of their practice.