Ethics Hotline & Opinions

ETHICS DOCKET NO. 1988-75

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MARYLAND STATE BAR ASSOCIATION, INC.

COMMITTEE ON ETHICS

ETHICS DOCKET NO. 1988-75

Advertising-Solicitation: Mailing of Newsletter to Non-Clients.


You have asked whether it is permissible for your Colorado law firm to send a newsletter to companies or individuals in Maryland who are not currently clients of your firm. The newsletter contains a paragraph indicating the following:

""This newsletter is provided by (your firm) to share news of interest with our clients and friends. It does not constitute legal advice or an exhaustive analysis of a particular topic. The reader should consult with counsel to determine applicability of proposed or new developments in the law to their specific situations. For more information on any item discussed in this newsletter, please contact (your firm and phone number) .""

Direct mail announcements regarding legal services are permitted pursuant to Rule 7.2 of the Maryland Rules of Professional Conduct. While allowing a lawyer to advertise services through communications not involving personal contact, certain additional rules require compliance. They are as follows:

 
  1.  
  2. A lawyer shall not make a false or misleading communication abut the lawyer or the lawyer's services (see Rule 7.1 of Maryland Rules of Professional Conduct).
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  4. A copy of recording of an advertisement or such other communication shall be kept for at least three years after its last dissemination, along with a record of when and where it was used (see Rule 7.2(b) of the Maryland Rules of Professional Conduct).
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  6. 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 a written communication permitted by this Rule and pay the usual charges of a not-for-profit lawyer referral service or other legal service organization (see Rule 7.2(c) of the Maryland Rules of Professional Conduct.
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  8. Any communication made pursuant to this Rule shall include the name of at least one lawyer responsible for its content (see 7.2(d) of the Maryland Rules of Professional Conduct).
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  10. A lawyer, including a participant in an advertising group or lawyer referral service or other program involving communications concerning the lawyer's services shall be personally responsible for compliance with the provisions of Rule 7.1, 7.2, 7.3 and 7.4 (see Rule 7.2(e) of the Maryland Rules of Professional Conduct).
  11.  
  12. A lawyer shall not contact, or send a communication to a prospective client for the purpose of obtaining professional employment if:
    1.  
    2. When the lawyer knows or reasonably should know that the physical, emotional or mental state of the person is such that a person could not exercise reasonable judgment in employing a lawyer;
    3.  
    4. The person has made known to the lawyer a desire not to receive communications from the lawyer; or
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    6. The communication involves coercion, duress or harassment.
    7.  
     
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(See Rule 7.3(b) of the Maryland Rules of Professional Conduct).

Assuming compliance with above rules, the Committee believes your newsletter would constitute permissible behavior under the Rules of Professional Conduct.


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DISCLAIMER: Opinions of the Maryland State Bar Association (MSBA) Ethics Committee are an uncompensated service of the MSBA. This Committee’s opinions are not binding on the Maryland Court of Appeals, Maryland Attorney Grievance Commission, MSBA or this Committee. The reader is advised that subsequent judicial opinions, revisions to the rules of professional conduct, and future opinions of this Committee may render the Opinions stated herein outdated. As such, the Committee’s opinions are advisory only and neither the Committee nor the MSBA assumes any liability whatsoever with respect thereto. Accordingly, reliance upon the opinions of this Committee is solely at the risk of the user.