News

Supreme Court Adopts Amendments to Advertising and Solicitation Rules

Disciplinary Baord logoBy Order dated October 15, 2024, the Supreme Court of Pennsylvania adopted a series of amendments to the Pennsylvania Rules of Professional Conduct regarding communications about a lawyer’s services. The following are highlights.

Rule 7.1, Communications Concerning a Lawyer’s Services

The amendment does not change the language of Rule 7.1 but adds a significant amount of language to the Comments to the rule.

  • Comment 2 is amended to specify that a statement is misleading if it creates a substantial likelihood that a reasonable person would believe the lawyer’s communication requires that person to take further action when, in fact, no action is required.
  • Comment 5 addresses firm names, letterhead, and professional designations. A law firm name may be misleading if it implies a connection with a government agency, with a deceased or retired lawyer who was not a former member of the firm, with a lawyer not associated with the firm, with a nonlawyer, or with a public or charitable legal services organization. Firm names associated with a geographical identification must include a disclaimer that they are not a public entity.
  • Comment 6 provides for law firms with offices in multiple jurisdictions and requires identification of jurisdictional limitations.
  • Comment 7 states that lawyers may not hold themselves out as practicing together in one firm when they are not.
  • Comment 8 sets limits on the use of the name of a lawyer holding public office.
  • Comment 9 specifies that Rules 7.1 through 7.3 apply to a communication about a lawyer’s nonlegal services.

Rule 7.2, Communications Concerning a Lawyer’s Services: Specific Rules

The amendment renames Rule 7.2 from “Advertising” to “Communications Concerning a Lawyer’s Services: Specific Rules”. Substantive amendments include:

  • Subsection (b), requiring that copy or recording of an advertisement be kept for two years, is repealed.
  • New Subsection (c) allows a lawyer to communicate the fact that the lawyer does or does not practice in particular fields of law but retains the ban on claiming to be a specialist except in five enumerated exceptions.
  • New Subsection (k) states that any communication made under this Rule must include the name and contact information of at least one lawyer or law firm responsible for its content.

Extensive revisions to the Comments on Rule 7.2 further clarify the requirements.

Rule 7.3, Solicitation of Clients

A new Subsection (a) adds a definition: “‘Solicitation’ or ‘solicit’ denotes a communication initiated by or on behalf of a lawyer or law firm that is directed to a specific person the lawyer knows or reasonably should know needs legal services in a particular matter and that offers to provide, or reasonably can be understood as offering to provide, legal services for that matter.”

A new Subsection (e) clarifies that the rule does not prohibit communications authorized by law or ordered by a court or other tribunal.

A new Subsection (f) allows a lawyer to participate with a prepaid or group legal service plan operated by an organization not owned or directed by the lawyer that uses live person-to-person contact to enroll members or sell subscriptions. A new Comment 10 expands on the nature of an organization under which a lawyer may practice set forth in Subsection (f).

A new Comment 9 to the rule states that a notice to potential members of a class in class action litigation is a form of communications authorized by law or ordered by a court or tribunal.

Rule 7.4 (Communication of Fields of Practice and Specialization), Rule 7.5 (Firm Names and Letterheads), and Rule 7.7 (Lawyer Referral Service) are removed and reserved as much of their content is addressed under the other rules. The amendments take effect in thirty days, or on November 14, 2024.

 

Topics:
  • Ethical Issues