Drowning in rules.

• Author: Stickel, Amy I.

Navigating the ethics--and the occasional absurdities--of the varying state advertising rules are enough to give law firms fits. Trying to comply with all the different state rules can be an ongoing nightmare, particularly for regional and national firms.

The new New York advertising rules have been on the radar of the many, many law firms that do business in the Empire State [see "Alice in Wonderland Comes to New York Lays," page 8]. But according to Will Hornsby, staff counsel for the American Bar Association Division for Legal Services, five other states have the most restrictive rules when it comes to regulating lawyer advertising.

Top Five Restrictive Rules

Indiana Rule 7.2(d)(4)

A lawyer shall not, on behalf of himself, his partner or associate, or any other lawyer affiliated with him or his firm, use or participate in the use of any form of public communication which contains as statement or opinion as to the quality of the services or contains a representation or implication regarding the quality of legal services.

"We talk about this rule a lot," says Kelly Sharpe, chief marketing officer at Indianapolis-based Sommer Barnard PC. "We just stick to the facts."

With such a restrictive rule, Hoosier firms tend to take a less aggressive approach to advertising and rarely talk about their success stories, says Sharpe. "We have to be very careful. It's hard to be creative," she says.

To stay within compliance, Sharpe also runs marketing materials and ideas by an attorney at the firm who is well-versed in the state's ethics rules.

New Jersey 7.1(a)(3)

A communication is false or misleading if it compares the lawyer's services with other lawyers' services.

South Carolina 7.3(d)(2)(A)

This rule requires written and recorded solicitations to include the following statement: "You may wish to consult your lawyer or another lawyer instead of me (us). You may obtain information about other lawyers by consulting the Yellow Pages or by calling the South Carolina Bar Lawyer Referral Services at 799-7100 in Columbia or toll-free at 1-800-868-2284. If you have already engaged a lawyer in connection with the legal matter referred to in this communication, you should direct any questions you have to that lawyer."

Hawaii 7.3(f)(1)

This rule requires that "written communications to prospective clients...