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Rule 7.2. Advertising.

(a) Subject to the requirements of Rules 7.1 and 7.3, a lawyer mayadvertise services through written recorded or electronic communication, includingpublic media

(b)If the advertisement uses any actors to portray a lawyer, members of the lawfirm, or clients or utilizes depictions of fictionalized events or scenes, thesame must be disclosed.

(c)All advertisements disseminated pursuant to these Rules shall include the nameand office address of at least one lawyer or law firm responsible for theircontent.

(d)Every advertisement indicating that the charging of a fee is contingent onoutcome or that the fee will be a percentage of the recovery shall set forth clearlythe client?s responsibility for the payment of costs and other expenses.

(e)A lawyer who advertises a specific fee or range of fees shall include allrelevant charges and fees, and the duration such fees are in effect.

(f) A lawyer shall not give anything of value to a person forrecommending the lawyer's services, except that a lawyer may pay the reasonable costof advertising permitted by these Rules and may pay the usual charges of a lawyer referral service orother legal service plan.


[1] To assist the public in learning about and obtaining legal services, lawyers should be allowed to make knowntheir services not only through reputation but also through organizedinformation campaigns in the form of advertising. Advertising involves an activequest for clients, contrary to the tradition that a lawyer should not seekclientele. However, the public's need to know about legal services can befulfilled in part through advertising. This need is particularly acute in thecase of persons of moderate means who have not made extensive use of legalservices. The interest in expanding public information about legal servicesought to prevail over considerations of tradition. Nevertheless, advertising bylawyers entails the risk of practices that are misleading or overreaching.

[2] This Rule permits public dissemination of informationconcerning a lawyer's name or firm name, address, email address,website and telephone number; the kinds of servicesthe lawyer will undertake; the basis on which the lawyer's fees are determined,including prices for specific services and payment and credit arrangements; alawyer's foreign language ability; names of references and, with their consent,names of clients regularly represented; and other information that might invitethe attention of those seeking legal assistance.

[3] Questions of effectiveness and taste in advertising are mattersof speculation and subjective judgment. Some jurisdictions have had extensiveprohibitions against television and other forms of advertising, against advertising going beyond specified facts abouta lawyer or against "undignified" advertising. Television, theInternet and other forms of electronic communication are now among themost powerful media for getting information to the public, particularly personsof low and moderate income; prohibiting television, Internet,and other forms of electronic advertising, therefore,would impede the flow of information about legal services to many sectors ofthe public. Limiting the information that may be advertised has a similareffect and assumes that the Bar can accurately forecast the kind of informationthat the public would regard as relevant. But see Rule 7.3(a) for theprohibition against a solicitationthrough a real-time electronic exchange initiated by the lawyer.

[4] Neither this Rule nor Rule 7.3 prohibits communicationsauthorized by law, such as notice to members of a class in class actionlitigation.

Paying Others to Recommend a Lawyer

[5] Except as permitted by Paragraph (f), lawyers are not permitted to pay others for recommending thelawyer?s services or for channeling professional work ina manner that violates Rule 7.3. A communication contains a recommendation ifit endorses or vouches for a lawyer?s credentials, abilities, competence,character, or other professional qualities. Paragraph (f), however, allows a lawyer to pay for advertising andcommunications permitted by this Rule, including the costs of print directorylistings, on-line directory listings, newspaper ads, television and radioairtime, domain-name registrations, sponsorship fees, Internet-basedadvertisements and group advertising. A lawyer may compensateemployees, agents and vendors who are engaged to provide marketing orclient-development services, such as publicists, public-relations personnel,business-development staff and website designers. Moreover,a lawyer may pay others for generating client leads, such as Internet-basedclient leads, as long as the lead generator does not recommend the lawyer, andany payment to the lead generator is consistent with the lawyer?s obligationsunder these rules. To comply with Rule 7.1, a lawyer must not pay a leadgenerator that states, implies, or creates a reasonable impression that it isrecommending the lawyer, is making the referral without payment from thelawyer, or has analyzed a person?s legal problems when determining which lawyershould receive the referral. See Rule 5.3 (duties of lawyers and law firms withrespect to the conduct of non-lawyers); Rule8.4(a) (duty to avoid violating the Rules through the acts of another).

[6] A lawyer may pay the usual charges of a legal service plan or alawyer referral service. A legal service plan is a prepaid or group legalservice plan or a similar delivery system that assists prospective clients tosecure legal representation. A lawyer referral service, on the other hand, isan organization that holds itself out to the public to provide referrals tolawyers with appropriate experience in the subject matter of the representation.Nofee generating referral may be made to any lawyer or firm that has an ownershipinterest in, or who operates or is employed by, the lawyer referral service, orwho is associated with a firm that has an ownership interest in, or operates oris employed by, the lawyer referral service.

[7] A lawyer who accepts assignments or referral from a legalservice plan or referrals from a lawyer referral service must act reasonably toassure that the activities of the plan or service are compatible with the lawyer?sprofessional obligations. See Rule 5.3. Legal service plans and lawyer referralservices may communicate with the public, butsuch communication must be in conformity with these Rules. Thus, advertisingmust not be false or misleading, as would be the case if the communications ofa group advertising program or a group legal services plan would mislead thepublic to think that it was a lawyer referral servicesponsored by a state agency or bar association. Nor could the lawyer allowin-person, telephonic, or real-time contacts that would violate Rule 7.3.

[8]For the disciplinary authority and choice of law provisions applicable toadvertising, see Rule 8.5.

[8a]This Rule differs from the ABA Model Rule in that it defines"advertisement" and places some limitations on advertisements. Utah Rule 7.2(b)(2) also differs from the ABA Model Rule by permitting a lawyer to pay theusual charges of any lawyer referral service. This is not limited tonot-for-profit services. Comment [6] to the Utah rule is modified accordingly.