Opinions of the General Counsel, 0115 ALBJ, 76 The Alabama Lawyer 58 (2015)

• Author: J. Anthony McLain, J.

Opinions of the General Counsel

Vol. 76 No. 1 Pg. 58

Alabama Bar Lawyer

January 2015

\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0 J. Anthony McLain, J.

\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0May Attorney Pay Advertising Expenses Of Another Attorney in Exchange for Referrals from Attorney Whose Services Are Advertised?

\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0QUESTION:

\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0The Disciplinary Commission has determined that it would be appropriate to give further consideration to the conclusions reached in RO's 92-23 and 93-23 which address the issue of whether an attorney may pay the advertising expenses of another attorney in exchange for referrals from the attorney whose services are advertised.

\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0ANSWER:

\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0An arrangement whereby advertising expenses are paid by someone or some entity other than the lawyer whose services are being advertised would, in the opinion of the Disciplinary Commission, violate Rule 7.1 of the Rules of Professional Conduct, in that advertising under such circumstances would constitute "a false or misleading communication about the lawyer or the lawyer's services." Additionally, payment of advertising expenses in exchange for referrals violates the prohibition in Rule 7.2(c) against a lawyer giving "anything of value to a person for recommending the lawyer's services."

\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0DISCUSSION:

\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0Rule 7.1 of the Rules of Professional Conduct provides as follows:

"Rule 7.1 Communications Concerning a Lawyer's Services

\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0A lawyer shall not make or cause to be made a false or misleading communication about the lawyer or the lawyer'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 lawyer can achieve, or states or implies that the lawyer can achieve results by means that violate the Rules of Professional Conduct or other law;

[c] Compares the quality of the lawyer's services with the quality of other lawyer's services, except as provided in Rule 7.4; or

[d] Communicates the certification of the lawyer by a certifying organization, except as provided in Rule 7.7."

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