Arizona Bar Rules for Attorney Advertising

At Internet LAVA we understand that the first step for any attorney in Arizona interested in an internet marketing campaign is understanding all of the applicable Arizona Bar Rules that apply to advertising in general and websites in particular. Not only should the attorney understand Arizona's Bar Rules, but also the general trends emerging in other states. By following the letter and spirit of each rule the attorney can often build a more powerful website because others will feel more comfortable "linking" to the website. 

Ever part of website design and internet marketing should take the Arizona Bar Rules into consideration from the selection of the URL or domain name to adding the appropriate disclaimers, to developing the content for each specific page. At Internet LAVA, we set our clients apart from the rest by helping them develop hundreds of pages of informative content all related to the attorney's ideal practice areas and ideal geographical locations.

Despite the regulatory scheme governing attorney advertising, the United States Supreme Court has specifically held that the First Amendment's Constitutional protections apply to advertising by attorneys and law firms. Bates v. State Bar of Arizona, 433 U.S. 350 (1977). Read more about the rules that apply to attorneys in your state. Contact Internet LAVA for a free consultation to discuss your specific goals for your website design and internet marketing strategy. 

Resources for Arizona Attorney's Advertising Rules 

Arizona Rules of Professional Conduct - read a copy of the rules of professional conduct online.  

Arizona Bar Rules with commentary - provided by the Cornell Law School's American Legal Ethics Library

Arizona Internet Attorney Referral Services - read the ethics opinions.

http://www.azbar.org - State Bar of Arizona Website.

Arizona Ethics Opinions - Arizona ethic opinions beginning in 1985 through the present.

Arizona Ethics Rules - Includes cases concering the regulation of a law practice, and opinions from the Judicial Ethics Advisory Committee for the Arizona Supreme Court from 1976 through the present.

Rules of the Arizona Supreme Court - Rule 42, Ariz.R.S.Ct.(Ethics Rules).

Arizona Bar Association’s Ethics Hotline - Answers calls from lawyers in Arizona between 8:30 a.m. – 5:00 p.m., Monday through Friday. The Ethic Hotline is staffed by the Arizona Bar’s Ethics Counsel, Patricia Sallen, and Assistant Ethics Counsel, Angela Napper.

Arizona Bar Ethic Rules Section 7: Information About Legal Services

Arizona Bar Ethics Rule 7.1.     Communications Concerning a Lawyer's Services

A lawyer shall not make or knowingly permit to be made on the lawyer's behalf a false or misleading communication about the lawyer or the lawyer's 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.

Arizona Bar Ethics Rule 7.2.     Advertising Rules

(a) Subject to the requirements of ERs 7.1 and 7.3, a lawyer may advertise services through written, recorded or electronic communication, including public media.

(b) A lawyer shall not give anything of value to a person for recommending the lawyer's services except that a lawyer may:

(1) pay the reasonable costs of advertisements or communications permitted by this Rule;

(2) pay the usual charges of a legal service plan or a not-for-profit or qualified lawyer referral service.  A qualified lawyer referral service is a lawyer referral service that has been approved by an appropriate regulatory authority; and

(3) pay for a law practice in accordance with ER 1.17.

(c) 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.

(d) Every advertisement (including advertisement by written solicitation) that contains information about the lawyer's fees shall be subject to the following requirements:

(1) advertisements and written solicitations indicating that the charging of a fee is contingent on outcome or that the fee will be a percentage of the recovery shall disclose (A) that the client will be liable for expenses regardless of outcome unless the repayment of such is contingent upon the outcome of the matter and (B) whether the percentage fee will be computed before expenses are deducted from the recovery;

(2) range of fees or hourly rates for services may be communicated provided that the client is informed in writing at the commencement of any client-lawyer relationship that the total fee within the range which will be charged or the total hours to be devoted will vary depending upon that particular matter to be handled for each client and the client is entitled without obligation to an estimate of the fee within the range likely to be charged;

(3) fixed fees for specific routine legal services, the description of which would not be misunderstood or be deceptive, may be communicated provided that the client is informed in writing at the commencement of any client-lawyer relationship that the quoted fee will be available only to clients whose matters fall within the services described and that the client is entitled without obligation to a specific estimate of the fee likely to be charged;

(4) a lawyer who advertises a specific fee, range of fees or hourly rate for a particular service shall honor the advertised fee, or range of fees, for at least ninety (90) days unless the advertisement specifies a shorter period; provided, for advertisements in the yellow pages of telephone directories or other media not published more frequently than annually, the advertised fee or range of fees shall be honored for no less than one year following publication.

(e) Advertisements on the electronic media may contain the same information as permitted in advertisements in the print media.  If a law firm advertises on electronic media and a person appears purporting to be a lawyer, such person shall in fact be a lawyer employed full-time at the advertising law firm.  If a law firm advertises a particular legal service on electronic media, and a lawyer appears as the person purporting to render the service, the lawyer appearing shall be the lawyer who will actually perform the service advertised unless the advertisement discloses that the service may be performed by other lawyers in the firm.

(f) Communications required by paragraphs (c) and (d) shall be clear and conspicuous.  To be "clear and conspicuous" a communication must be of such size, color, contrast, location, duration, cadence, and audibility that an ordinary person can readily notice, read, hear, and understand it.

Arizona Bar Ethics Rule 7.3.     Direct Contact with Prospective Clients

(a) A lawyer shall not by in-person, live telephone or real-time electronic contact solicit professional employment from a prospective client or employ or compensate another to do so when a motive for the lawyer's doing so is the lawyer's pecuniary gain, unless the person contacted:

(1) is a lawyer; or

(2) has a family, close personal, or prior professional relationship with the lawyer.

(b) A lawyer shall not solicit professional employment or knowingly permit solicitation on the lawyer's behalf from a prospective client by written, recorded or electronic communication or by in-person, telephone or real-time electronic contact even when not otherwise prohibited by paragraph (a), if:

(1) the prospective client has made known to the lawyer a desire not to be solicited by the lawyer;

(2) the solicitation involves coercion, duress or harassment; or

(3) the solicitation relates to a personal injury or wrongful death and is made within thirty (30) days of such occurrence.

(c) Every written, recorded or electronic communication from a lawyer soliciting professional employment from a prospective client known or believed likely to be in need of legal services for a particular matter shall include the words "Advertising Material" in twice the font size of the body of the communication on the outside envelope, if any, and at the beginning and ending of any recorded or electronic communication, unless the recipient of the communication is a person specified in paragraphs (a)(1) or (a)(2).

(1) At the time of dissemination of such written communication, a written copy shall be forwarded to the State Bar of Arizona at its Phoenix office.

(2) Written communications mailed to prospective clients shall be sent only by regular U.S. mail, not by registered mail or other forms of restricted delivery.

(3) If a contract for representation is mailed with the written communication, the contract shall be marked "sample" in red ink and shall contain the words "do not sign" on the client signature line.

(4) The lawyer initiating the communication shall bear the burden of proof regarding the truthfulness of all facts contained in the communication, and shall, upon request of the State Bar or the recipient of the communication, disclose how the identity and specific legal need of the potential recipient were discovered.

(d) Notwithstanding the prohibitions in paragraph (a), a lawyer may participate with a prepaid or group legal service plan operated by an organization not owned or directed by the lawyer that uses in-person or telephone contact to solicit memberships or subscriptions for the plan from persons who are not known to need legal services in a particular matter covered by the plan.

Arizona Bar Ethics Rule 7.4.     Communication of Fields of Practice

(a) A lawyer may communicate the fact that the lawyer does or does not practice in particular fields of law.  A lawyer shall not state or imply that the lawyer is a specialist except as follows:

(1) a lawyer admitted to engage in patent practice before the United States Patent and Trademark Office may use the designation "patent attorney" or a substantially similar designation;
 
(2) a lawyer engaged in admiralty practice may use the designation "admiralty," "proctor in admiralty" or a substantially similar designation; and
 
(3) a lawyer certified by the Arizona Board of Legal Specialization or by a national entity that has standards for certification substantially the same as those established by the board may state the area or areas of specialization in which the lawyer is certified.  Prior to stating that the lawyer is a specialist certified by a national entity, the entity must be recognized by the board as having standards for certification substantially the same as those established by the board.  If the national entity has not been recognized by the board, it may make application for recognition by completing an application form provided by the board.

(b) Communications to the Arizona Board of Legal Specialization and its Advisory Commissions relating to an applicant's qualifications for specialization certification shall be absolutely privileged, and no civil action predicated thereon may be instituted or maintained against any evaluator, staff or witness who communicates with or before the Board or its Advisory Commissions.  Members of the Board of Legal Specialization, its Advisory Commission, and others involved in the specialization certification process shall be immune from suit for any conduct in the course of their official duties.

Arizona Bar Ethics Rule 7.5.     Firm Names and Letterheads

(a) A lawyer shall not use a firm name, letterhead or other professional designation that violates ER 7.1.  A trade name may not be used by a lawyer in private practice.
 
(b) A law firm with offices in more than one jurisdiction may use the same name or other professional designation in each jurisdiction, but identification of the lawyers in an office of the firm shall indicate the jurisdictional limitations on those not licensed to practice in the jurisdiction where the office is located.
 
(c) The name of a lawyer holding a public office shall not be used in the name of a law firm, or in communications on its behalf, during any substantial period in which the lawyer is not actively and regularly practicing with the firm.
 
(d) Lawyers may state or imply that they practice in a partnership or other organization only when that is the fact.

Conclusion

For more information on how the Arizona Bar Rules impact your internet marketing strategy, contact Internet LAVA. We provide cost effective website design and internet marketing strategies to busy lawyers that provide an incredible return on the investiment. While other attorneys spend too much on expensive pay-per click campaigns read more about internet marketing for the particular practice areas such as criminal defense, DUI / DWI, personal injury, medical malpractice, immigration law, family law, or securities law.