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Maryland Rules of Professional Conduct

If you are intending to do any internet advertising in Maryland, you will need to look through the Maryland Rules of Professional Conduct.

For example, you cannot make any claims on your law firm website that are false or misleading, such as comparing your services to another attorney’s services.

You can find more information on this and other requirements in the resources listed below. If you fail to follow the guidelines, the Maryland Bar may need to take some sort of disciplinary action; that’s why it’s so important to have an experienced law firm marketing team to make sure your website and advertisements are up to those standards.

Resources

Maryland Rules of Professional Conduct – Here is the complete list of the rules in Maryland.

Maryland Ethics Opinions – Need more information about the rules of professional conduct? This resource will be helpful to you.

Key Rules to be Aware of

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RULE 19-307.1. COMMUNICATIONS CONCERNING AN ATTORNEY’S SERVICES (7.1)

An attorney shall not make a false or misleading communication about the attorney or the attorney’s services. A communication is false or misleading if it:
(a) contains a material misrepresentation of fact or law, or omits a fact necessary to make the statement considered as a whole not materially misleading;
(b) is likely to create an unjustified expectation about results the attorney can achieve, or states or implies that the attorney can achieve results by means that violate the Maryland Attorneys’ Rules of Professional Conduct or other law; or
(c) compares the attorney’s services with other attorneys’ services, unless the comparison can be factually substantiated.

RULE 19-307.2. ADVERTISING (7.2)

a) Subject to the requirements of Rules 19-307.1 (7.1) and 19-307.3 (b) (7.3), an attorney may advertise services through public media, such as a telephone directory, legal directory, newspaper or other periodical, outdoor, radio or television advertising, or through communications not involving in person contact.
(b) A copy or recording of an advertisement or such other communication shall be kept for at least three years after its last dissemination along with a record of when and where it was used.
(c) An attorney shall not give anything of value to a person for recommending the attorney’s services, except that an attorney may:
(1) pay the reasonable cost of advertising or written communication permitted by this Rule;
(2) pay the usual charges of a legal service plan or a not-for-profit attorney referral service;
(3) pay for a law practice purchased in accordance with Rule 19-301.17 (1.17); and
(4) refer clients to a non-attorney professional pursuant to an agreement not otherwise prohibited under these Rules that provides for the non-attorney professional to refer clients or customers to the attorney, if:
(A) the reciprocal agreement is not exclusive, and
(B) the client is informed of the existence and nature of the agreement.
(d) Any communication made pursuant to this Rule shall include the name of at least one attorney responsible for its content.
(e) An advertisement or communication indicating that no fee will be charged in the absence of a recovery shall also disclose whether the client will be liable for any expenses.

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