Attorney Advertising Rules for the State of Utah

In Utah, attorney advertising is governed by the Utah Rules of Professional Conduct, specifically Rule 7.1, which outlines the ethical standards for communications concerning a lawyer’s services. This rule ensures that all communications 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.

Advertising Guidelines

Under Rule 7.1, lawyers are permitted to advertise their services through various media, provided they adhere to certain conditions:

• Use of Actors and Fictionalized Events: If an advertisement employs actors to portray lawyers, members of the law firm, or clients, or utilizes depictions of fictionalized events or scenes, this must be clearly disclosed to avoid misleading the public.
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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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• Contingent Fees Disclosure: Advertisements indicating that a fee is contingent on the outcome or that the fee will be a percentage of the recovery must clearly state the client’s responsibility for the payment of costs and other expenses.
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• Specific Fee Information: If a lawyer advertises a specific fee or range of fees, all relevant charges and fees must be included, along with the duration such fees are in effect.
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Solicitation of Clients

The Utah Supreme Court has amended the rules regarding solicitation:

• In-Person Solicitation: Prior versions of Rule 7.3 prohibited in-person solicitation of clients, with some exceptions. The current rules do not prohibit in-person solicitation; however, lawyers must not interact with a prospective client in a manner that involves coercion, duress, or harassment.
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Firm Names and Letterheads

Firm names, letterheads, and professional designations are considered communications concerning a lawyer’s services and must not be false or misleading. A firm may be designated by the names of all or some of its current members, by the names of deceased or retired members where there has been a succession in the firm’s identity, or by a trade name if it is not false or misleading.

Payment for Recommendations

Lawyers are permitted to pay for certain services:

• Advertising Costs: Lawyers may pay the reasonable costs of advertisements or communications permitted by the rules.
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• Legal Service Plans and Referral Services: Payments to legal service plans or not-for-profit or qualified lawyer referral services are allowed.
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• Reciprocal Referral Agreements: Lawyers may enter into 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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Attorneys practicing in Utah should familiarize themselves with these rules to ensure compliance in their advertising practices. For comprehensive information and resources, attorneys can consult the Utah Office of Professional Conduct, which provides access to the full text of the Utah Rules of Professional Conduct, ethics opinions, and guidelines to assist lawyers in adhering to ethical standards in all aspects of their practice.