Tcl - Managing Risks Associated With Attorney Advertising - April 2007 - Whoops! Malpractice Minute

• Publication year: 2007
• Pages: 65
• Citation: Vol. 36 No. 4 Pg. 65

36 Colo.Law. 65 Colorado Lawyer 2007.

2007, April, Pg. 65. TCL - Managing Risks Associated With Attorney Advertising - April 2007 - Whoops! Malpractice Minute

The Colorado Lawyer
April 2007
Vol. 36, No. 4 [Page 65]

Departments
Whoops! Malpractice Minute

Managing Risks Associated With Attorney Advertising

by Christopher M. Buckman

Following the Colorado Supreme Court's decision in Crowe v. Tull,(fn1) Colorado attorneys may have greater risks associated with their advertising programs Generally, any method an attorney uses to publicly communicate his or her availability for business may be susceptible to advertising regulations. Thus, it is important for attorneys to understand current regulations and develop strategies and techniques for avoiding violations

Minimizing Risks

The following list(fn2) includes some general approaches to attorney advertising that can help attorneys avoid problems associated with business solicitation

Attorneys should develop a strategy for reviewing all advertising content, as well as a method for addressing any potential violations. Advertising content can include letterhead, business cards, signs on doors or marquees, brochures, newsletters, legal updates, mailings, presentations, speeches, articles, websites, home pages, e-mail, print ads, telephone directory listings, and television and radio spots.

Attorneys should approach all advertising content with an eye for truthfulness, precision, and caution.

Attorneys should stay informed of attorney advertising policies by regularly reviewing the ethics rules, as well as reading recent case decisions such as Crowe.

Prohibited Communications

The list below(fn3) contains generally prohibited attorney advertising communications:

communications that guarantee, warrant, or predict a specific result of representation

testimonials and endorsements that do not expressly disclaim the communication as a guarantee, warranty, or prediction of the result of the representation

communication with potential clients that the lawyer knows (or should know) is physically and/or emotionally distressed and, thus, unable to exercise reasonable judgment concerning retaining counsel

use of law firm name to imply a relationship between a private lawyer or law firm and a public entity

use of law firm name, stating or implying that the lawyer or law firm has a...