New York Rules of Professional Conduct
Wanting to update your internet marketing or change your website advertising? You’ll need to read through the New York Rules of Professional Conduct before moving forward.
If you fail to follow all the guidelines listed, you may be subject to some disciplinary action.
Luckily, the creative marketing team at Law Firm Sites can assist you in creating a marketing plan and website that follow the state guidelines while still being effective.
For more information on the state bar rules, visit the resources listed below.
New York Rules of Professional Conduct – This resource will contain the full list of Rules in New York for Professional Conduct
New York Legal Ethics Opinions – Have questions after reading through the list of rules? This will be a helpful website.
Key Rules to be Aware of
RULE 7.1. Advertising
(a) A lawyer or law firm shall not use or disseminate or participate in the use or dissemination of any advertisement that:
(1) contains statements or claims that are false, deceptive or misleading; or
(2) violates a Rule.
(b) Subject to the provisions of paragraph (a), an advertisement may include information as to:
(1) legal and nonlegal education, degrees and other scholastic distinctions, dates of admission to any bar; areas of the law in which the lawyer or law firm practices, as authorized by these Rules; public offices and teaching positions held; publications of law related matters authored by the lawyer; memberships in bar associations or other professional societies or organizations, including offices and committee assignments therein; foreign language fluency; and bona fide professional ratings;
(2) names of clients regularly represented, provided that the client has given prior written consent;
(3) bank references; credit arrangements accepted; prepaid or group legal services programs in which the lawyer or law firm participates; nonlegal services provided by the lawyer or law firm or by an entity owned and controlled by the lawyer or law firm; the existence of contractual relationships between the lawyer or law firm and a nonlegal professional or nonlegal professional service firm, to the extent permitted by Rule 5.8, and the nature and extent of services available through those contractual relationships; and
(4) legal fees for initial consultation; contingent fee rates in civil matters when accompanied by a statement disclosing the information required by paragraph (p); range of fees for legal and nonlegal services, provided that there be available to the public free of charge a written statement clearly describing the scope of each advertised service; hourly rates; and fixed fees for specified legal and nonlegal services.
(c) An advertisement shall not:
(1) include a paid endorsement of, or testimonial about, a lawyer or law firm without disclosing that the person is being compensated therefore;
(2) include the portrayal of a fictitious law firm, the use of a fictitious name to refer to lawyers not associated together in a law firm, or otherwise imply that lawyers are associated in a law firm if that is not the case;
(3) use actors to portray a judge, the lawyer, members of the law firm, or clients, or utilize depictions of fictionalized events or scenes, without disclosure of same; or
(4) be made to resemble legal documents.
(d) An advertisement that complies with subdivision (e) of this section may contain the following:
(1) statements that are reasonably likely to create an expectation about results the lawyer can achieve;
(2) statements that compare the lawyer’s services with the services of other lawyers;
(3) testimonials or endorsements of clients, and of former clients; or
(4) statements describing or characterizing the quality of the lawyer’s or law firm’s services.
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