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MARYLAND STATE BAR ASSOCIATION, INC.
COMMITTEE ON ETHICS
ETHICS DOCKET NO. 1988-18
Advertising - Solicitation: Advertising in Real Estate Publication
In your inquiry, you indicate that you have been asked, along with one other attorney, to place an advertisement in a booklet which will provide basic information to prospective home buyers, and which will be used as, a selling aid by real estate agents. It is apparent from your inquiry that the booklet will contain both information about the process of buying a home as well as advertising by various individuals or businesses, including attorneys, who may be involved in that process. From the attachments you have included with your inquiry, your advertisement will apparently explain the role that an attorney can play in the buying or selling of a home. You have requested review of the attachments for any problems which we may identify.
Subtitle 7 of the Maryland Rules of Professional Conduct governs the use by attorneys of information concerning professional services, and specifically, advertising and solicitation. Under Rule 7.2, the advertising of legal services through various forms of public media is permitted, subject to certain guidelines contained Rule 7.2 and restrictions contained in 7.1 and 7.3. For instance, any communication concerning a lawyer's services may not be false or misleading, and may not create an unjustified expectation about the results which the lawyer can achieve. In addition, while lawyers are not permitted to give anything of value to a person for recommending his or her services, he or she is permitted to pay the reasonable cost of advertising or written communication which is otherwise permitted as a form of advertising under the rules. In addition, and with specific reference to your inquiry, under Rule 7.4 a lawyer is permitted to communicate the fact that he or she does or does not practice in a particular field of law, such as real estate settlements.
Under normal circumstances, the Committee does not review and either approve or disapprove the content of advertisements used by attorneys in Maryland. From your inquiry, it is apparent that, generally speaking, the type of advertising which you propose to utilize constitutes permissible advertising pursuant to Rule 7.2. The contents of your advertisement, of course, would be generally governed by the Rules of Professional Conduct, and in particular, Rules 7.1 and 7.2. We draw your attention specifically to the requirements contained in Rule 7.2 relating to the maintenance of copies of your advertisement and the inclusion of the name of at least one lawyer responsible for the contents. We do not comment, however, either favorably or unfavorably, on the contents of the three sample advertisements which you have attached to your inquiry.
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