Attorney Advertising Rules for the State of Wisconsin

Wisconsin Attorney Advertising Rules: Comprehensive Overview

Attorneys practicing in Wisconsin must adhere to specific advertising regulations outlined in the Wisconsin Supreme Court Rules (SCR) Chapter 20: Rules of Professional Conduct for Attorneys, 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 Wisconsin.

SCR 20:7.1: 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.
• Avoiding Unverifiable Claims:
  • Attorneys should not make claims that cannot be substantiated or verified.
  • Comparisons with other lawyers’ services are prohibited unless they can be factually substantiated.

SCR 20:7.2: Advertising

• Permissible Advertising Methods:
  • Lawyers may advertise their services through written, recorded, or electronic communication, including public media.
  • All advertisements must comply with SCR 20:7.1.
• 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 these rules.
    • Pay the usual charges of a legal service plan or a not-for-profit lawyer referral service.
    • Pay for a law practice in accordance with SCR 20:1.17.
    • 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.
      • The client is informed of the existence and nature of the agreement.
• Mandatory Disclosures:
  • Any communication made pursuant to this rule shall include the name and office address of at least one lawyer or law firm responsible for its content.
• Contingency Fee Advertisements:
  • Advertisements indicating that no fee will be charged if no recovery must conspicuously state if the client will be responsible for costs or expenses regardless of the outcome.
• Referral Practices Disclosure:
  • Lawyers or law firms that advertise a concentration in particular fields of law and refer the majority of such cases to other attorneys must clearly state:
    • “Most cases of this type are not handled by this firm, but are referred to other attorneys.”
    • Or, if applicable: “While this firm maintains joint responsibility, most cases of this type are referred to other attorneys for principal responsibility.”

SCR 20:7.3: Direct Contact with Prospective Clients

• Solicitation Restrictions:
  • A lawyer 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.

SCR 20:7.4: 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 Wisconsin Supreme Court licenses all lawyers in the general practice of law. The court does not license or certify any lawyer as an expert or specialist in any particular field of practice.”

SCR 20:7.5: 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 SCR 20:7.1.
• 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 the firm name or appear in communications during any substantial period in which they are not actively practicing with the firm.
• Jurisdictional Limitations:
  • If a firm operates in multiple jurisdictions, any limitations of lawyers not licensed to practice in a specific jurisdiction must be clearly disclosed on firm letterheads and in advertising.

Record-Keeping Requirements

• Retention of Advertising Records:
  • Attorneys must retain copies of all advertisements for at least six years after their last dissemination.
  • Records should include details about when and where the advertisement was published or broadcast, as well as any associated materials such as scripts or recordings.
• Digital and Online Advertising:
  • Electronic advertisements, including websites and social media campaigns, must also be preserved in a retrievable format that includes all disclaimers and relevant information.

Specific Rules for Digital and Online Advertising

Website and Social Media Compliance

• Applicability of Rules:
  • All online communications, including websites and social media posts, must comply with SCR 20:7.1 through SCR 20:7.5.
• Use of Testimonials and Reviews:
  • Testimonials must not create unjustified expectations or imply guaranteed outcomes.
  • Clear disclaimers must accompany testimonials referencing specific case results to clarify that outcomes vary based on individual case circumstances.

Video and Audio Advertising

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

Enforcement and Compliance

Oversight by the Wisconsin Office of Lawyer Regulation (OLR)

• All attorney advertising in Wisconsin is subject to review and enforcement by the Wisconsin Office of Lawyer Regulation (OLR) to ensure compliance with the state’s rules.

Consequences of Non-Compliance

• Attorneys found in violation of Wisconsin’s advertising rules may face disciplinary actions, including:
  • Warnings or reprimands for minor infractions.
  • Fines, suspension, or disbarment for repeated or serious violations.

Advisory Opinions and Guidance

• Attorneys uncertain about the compliance of their advertisements can seek advisory opinions from the Wisconsin State Bar Ethics Hotline or consult with the OLR.

Additional Advertising Requirements in Wisconsin

Contingency Fee Advertising

• Advertisements referencing contingency fees must clearly disclose that clients may still be responsible for other costs and expenses, even if the case is unsuccessful.

Avoiding Misleading Practices

• Lawyers must ensure all advertisements accurately reflect their qualifications, experience, and services offered. Misleading statements or implications are strictly prohibited.

Conclusion

Wisconsin’s attorney advertising rules, as outlined in SCR 20:7.1 through SCR 20:7.5, are designed to maintain ethical and transparent practices in legal marketing. These guidelines apply to all forms of advertising, including print, broadcast, and digital media, ensuring that communications are truthful, non-deceptive, and professional.

By adhering to these rules, attorneys can promote their services effectively while upholding the integrity of the legal profession. For further assistance or clarification, attorneys are encouraged to consult the Wisconsin Office of Lawyer Regulation or seek advisory opinions through the Wisconsin State Bar.