Ethics Hotline & Opinions

ETHICS DOCKET NO. 1989-22

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MARYLAND STATE BAR ASSOCIATION, INC.

COMMITTEE ON ETHICS

ETHICS DOCKET NO. 1989-22

Advertising: Writing Newsletter Column in Practice Specialty


You present the following set of circumstances: You propose to write a column in various newsletters published by retirement communities, community associations, nursing homes and the like. Your column will concern legal issues of interest to the members of these groups and your area of specialization namely: estate planning, trusts, wills and probate administration. You will not answer specific questions sent to you by readers and will not charge for these articles. Your question is whether these articles violates the Maryland Rules of Professional Conduct.

Rule 7.1, 7.2 and 7.4 are particularly relevant to your inquiry. Rule 7.1 requires that your communications about your services not be false or misleading and further defines what is false or misleading. The Committee refers you to the content of Rule 7.1.

If your column is advertising then Rule 7.2 applies. Maryland Rule 7.2 allows attorneys to advertise their services through the public media. The rule requires that you maintain a copy of your advertising for at least three (3) years along with a record of when and where it was used. This rule also requires that a communication made pursuant to the rule must include the name of at least one lawyer who is responsible for its content.

Finally, the Committee refers you to Rule 7.4 which allows you to communicate that you do or do not practice in a particular field of law.

Based on these rules and your description of what you propose the Committee is of the opinion that such a proposal complies with the Maryland 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to the rules of professional conduct, and future opinions of this Committee may render the Opinions stated herein outdated.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.