RPC 7.2

Advertising

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Rule 7.2. Advertising. Subject
to the requirements of Rules 7.1 and 7.3, a lawyer may advertise services
through written, recorded, or electronic communication, including public media.

 (a) Except as allowed under Rule 1.5(e), a lawyer
shall not give anything of value to a person for recommending the lawyer’s
services, except that a lawyer may pay the reasonable cost of advertising or
written or recorded communication permitted by these Rules and may pay the
usual charges of a lawyer referral service or other legal service organization.

 (b) Any communication made pursuant to this Rule
shall include the following disclaimers and disclosures:

 (1) Use of actors. If
the advertisement uses any actors to portray a lawyer, members of the law firm,
clients, or utilizes depictions of fictionalized events or scenes, the same
must be disclosed. In the event actors are used, the disclosure must be
sufficiently specific to identify which persons in the advertisement are
actors, and the disclosure must appear for the duration in which the actor(s)
appear in the advertisement.

 (2) Lawyer responsible for all content. All
advertisements and written communications disseminated pursuant to these Rules
shall identify the name of at least one lawyer responsible for their content.

 (3) Area(s) of practice. Every
advertisement and written communication that indicates one or more areas of law
in which the lawyer or law firm practices shall conform to the requirements of
Rule 7.4.

 (4) Contingency fees. Every
advertisement and written communication indicating that the charging of a fee
is contingent on outcome or that the fee will be a percentage of the recovery
shall contain a disclaimer that the client may be liable for the opposing
parties’ fees and costs.

 (5) Range of fees. A
lawyer who advertises a specific fee or range of fees shall include the
duration said fees are in effect and any other limiting conditions to the
availability of the fees.

 (6) Quality of services. Statements
describing or characterizing the quality of the lawyer’s services in
advertisements and written communications are subject to proof of verification,
to be provided at the request of the state bar or a client or prospective
client.

 (7) Statement regarding past results. If
the advertisement contains any reference to past successes or results obtained,
the communicating lawyer or member of the law firm must have served as lead
counsel in the matter giving rise to the recovery, or was primarily responsible
for the settlement or verdict. The advertisement shall also contain a
disclaimer that past results do not guarantee, warrant, or predict future
cases.

 If the past successes or results obtained include a
monetary sum, the amount involved must have been actually received by the
client, and the reference must be accompanied by adequate information regarding
the nature of the case or matter and the damages or injuries sustained by the
client, and if the gross amount received is stated, the attorney fees and
litigation expenses withheld from the amount must be stated as well.

 (c) Any statement or disclaimer required by these
Rules shall be made in each language used in the advertisement or writing with
respect to which such required statement or disclaimer relates; provided,
however, the mere statement that a particular language is spoken or understood
shall not alone result in the need for a statement or disclaimer in that
language.

 (d) Any information required by these Rules to
appear in an advertisement must be reasonably prominent and clearly legible if
written, or intelligible if spoken.

 (e) Nothing in this Rule prohibits a lawyer or
law firm from permitting the inclusion in law lists and law directories
intended primarily for the use of the legal profession of such information as
has traditionally been included in these publications.

 [Added; effective May 1, 2006; amended; effective
April 9, 2018.]

Verbatim from the official publication; the only normalization is removal of the publisher's page headers. Verify against the official source for filing-critical use — court publications change without notice.