Attorney Advertising Rules for the State of West Virginia

West Virginia Attorney Advertising Rules: Comprehensive Overview

Attorneys practicing in West Virginia must adhere to specific advertising regulations outlined in the West Virginia Rules of Professional Conduct (WVRPC), particularly Rules 7.1 through 7.5. These rules ensure that legal advertising is truthful, non-misleading, and upholds the integrity of the legal profession. Below is a detailed overview of the key provisions governing attorney advertising in West Virginia.

Rule 7.1: Communications Concerning a Lawyer’s Services

• Prohibition of False or Misleading Communications:
  • Lawyers must not make false or misleading communications about their services.
  • A communication is false or misleading if it contains a material misrepresentation of fact or law, or omits a fact necessary to make the statement considered as a whole not materially misleading.
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• Unsubstantiated Comparisons:
  • Comparisons of a lawyer’s services with those of other lawyers are prohibited unless the comparison can be factually substantiated.

Rule 7.2: Advertising

• Permissible Advertising Methods:
  • Lawyers may advertise their services through written, recorded, or electronic communication, including public media.
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• Payment for Recommendations:
  • Lawyers shall not give anything of value to a person for recommending the lawyer’s services, except that a lawyer may:
    • Pay the reasonable costs of advertisements or communications permitted by this Rule.
    • Pay the usual charges of a legal service plan or a not-for-profit or qualified lawyer referral service.
    • Pay for a law practice in accordance with Rule 1.17.
    • Refer clients to another lawyer or a nonlawyer professional pursuant to an agreement not otherwise prohibited under these Rules that provides for the other person to refer clients or customers to the lawyer, if the reciprocal referral agreement is not exclusive and the client is informed of the existence and nature of the agreement.
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• Mandatory Inclusions:
  • 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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• Retention of Advertising Records:
  • A copy or recording of an advertisement or written communication shall be kept for two years after its dissemination, along with a record of when and where it was used.

Rule 7.3: Solicitation of Clients

• Solicitation Restrictions:
  • Lawyers shall not solicit professional employment from a prospective client by in-person, live telephone, or real-time electronic contact when a significant motive is the lawyer’s pecuniary gain, unless the person contacted:
    • Is a lawyer.
    • Has a family, close personal, or prior professional relationship with the soliciting lawyer.
• Prohibited Solicitations:
  • Solicitation is prohibited if:
    • The prospective client has made known a desire not to be solicited.
    • The solicitation involves coercion, duress, or harassment.
• Required Disclosures:
  • Written, recorded, or electronic solicitations must include the words “Advertising Material” on the outside envelope and at the beginning and end of any recorded or electronic communication, unless the recipient is a lawyer or has a prior relationship with the lawyer.

Rule 7.4: Communication of Fields of Practice and Specialization

• Stating Practice Areas:
  • Lawyers may communicate the areas of law in which they practice.
• Claims of Specialization:
  • Lawyers shall not state or imply they are certified as a specialist in a particular field of law, unless:
    • They have been certified by an organization approved by an appropriate authority or accredited by the American Bar Association.
    • The name of the certifying organization is clearly identified in the communication.
• Mandatory Disclaimer:
  • Communications indicating specialization must include the disclaimer: “The Supreme Court of Appeals of West Virginia does not certify specialists in the practice of law.”

Rule 7.5: Firm Names and Letterheads

• Use of Firm Names:
  • Firm names, letterheads, and other professional designations must not be misleading.
• Trade Names:
  • Use of trade names is permissible if they do not imply a connection with a government agency or with a public or charitable legal services organization and are not otherwise in violation of Rule 7.1.
• Names of Deceased or Retired Partners:
  • The name of a deceased or retired partner may be used in a firm name if the use is consistent with local custom and not misleading.
• Public Office Restrictions:
  • Lawyers who hold public office cannot be included in a firm name or in communications during a substantial period in which they are not actively practicing with the firm.
• Jurisdictional Limitations:
  • If a firm operates in multiple jurisdictions, advertisements and letterheads must indicate any limitations for lawyers not licensed to practice in a particular jurisdiction.

Record-Keeping Requirements

• Retention of Advertising Records:
  • Attorneys must retain a copy of all advertisements for a minimum of two years after dissemination.
  • This includes maintaining a record of when and where the advertisement was used.

• Website Record-Keeping:
  • Lawyers must capture and retain backups of their websites, including all new or revised content, and keep this information for a minimum of two years. This ensures compliance with advertising rules and allows for review by the appropriate regulatory authorities if needed.

Digital Advertising and Social Media Compliance

Transparency on Websites and Social Media

• Applicability of Rules:
  • All digital communications, including websites, blogs, and social media platforms, must comply with Rules 7.1 through 7.5 of the West Virginia Rules of Professional Conduct.
• Use of Testimonials and Reviews:
  • Testimonials must not create unjustified expectations or imply guaranteed outcomes.
  • Any testimonials that reference specific case outcomes must include a disclaimer clarifying that results vary based on the unique circumstances of each case.

Video and Audio Advertising

• Use of Dramatizations and Actors:
  • Advertisements using dramatizations or actors must include clear disclaimers, such as “This is a dramatization. Not an actual client or case.”

Email and Online Solicitations

• Required Disclosures:
  • Email solicitations must prominently display the words “Advertising Material” in the subject line and at the beginning of the email body.

Enforcement and Compliance

Oversight by the West Virginia Office of Disciplinary Counsel

• The West Virginia Office of Disciplinary Counsel oversees attorney advertising compliance, ensuring adherence to the state’s ethical standards.

Consequences of Non-Compliance

• Attorneys who fail to comply with the advertising rules may face disciplinary actions, including:
  • Reprimands for minor infractions.
  • Suspension or disbarment for repeated or serious violations.

Advisory Opinions

• Attorneys unsure about their advertising practices can request advisory opinions from the West Virginia Lawyer Disciplinary Board. This proactive step can ensure compliance and reduce the risk of violations.

Additional Advertising Considerations

Contingency Fee Advertising

• Required Disclosures:
  • Advertisements referencing contingency fees must clarify whether clients will still be responsible for court costs and other expenses, even if the case is unsuccessful.

Avoiding Misleading Statements

• Accuracy in Advertising:
  • All advertisements must accurately represent the attorney’s qualifications, experience, and areas of practice. Misleading or exaggerated claims are prohibited.

Referral Practices

• Disclosure of Referrals:
  • Attorneys who frequently refer cases to other firms must disclose this practice in advertisements and clarify their role in the referred cases.

The attorney advertising rules in West Virginia, as outlined in Rules 7.1 through 7.5 of the West Virginia Rules of Professional Conduct, ensure that legal marketing is ethical, transparent, and professional. These regulations apply to all forms of advertising, including traditional media, websites, and social platforms, providing clear guidelines to protect the public and uphold the integrity of the legal profession.

By adhering to these rules, attorneys can promote their services effectively while maintaining compliance and building trust with potential clients. For further assistance, attorneys are encouraged to consult the West Virginia Lawyer Disciplinary Board or the State Bar of West Virginia.