Can a lawyer advertise with coupons for a free consultation or dollars off legal fees?

Currency note

This opinion was issued in 2005, before Ohio's adoption of the Ohio Rules of Professional Conduct (effective February 1, 2007). The Board flagged it as a "CPR Opinion" because it interprets the former Ohio Code of Professional Responsibility, since superseded. Lawyer advertising and fee communications are now addressed by Ohio Prof. Cond. R. 7.1 and 7.2. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule or requirement mentioned here.

Plain-English summary

The Board addressed whether a lawyer may advertise legal services using coupons, such as a coupon for a free consultation or for dollars off the cost of legal services. It concluded that a lawyer may not. Advertising legal services with fee coupons characterizes the fees as "discount" or "special" and does not comply with DR 2-101(A)(5).

The Board marked what is still permitted. Although a lawyer may not use fee coupons, a lawyer may advertise information regarding fees and charges as set forth in DR 2-101(E)(1), if presented in compliance with DR 2-101(B). Because DR 2-101(E)(1)(a) permits advertising fee information about an initial consultation, a lawyer may state in an advertisement whether an initial consultation is free. The Board added that prohibiting fee coupons does not interfere with a lawyer's independent professional judgment in setting reasonable, non-excessive fees under the DR 2-106(B) factors.

Common questions

Q: Can a lawyer hand out coupons for a free consultation or money off fees?

A: No. The opinion concluded that fee coupons characterize fees as "discount" or "special" and do not comply with DR 2-101(A)(5).

Q: Can a lawyer still advertise that the first consultation is free?

A: Yes. Per the opinion, because DR 2-101(E)(1)(a) permits advertising fee information about an initial consultation, a lawyer may state whether an initial consultation is free.

Background and rules framework

The opinion interprets the former Ohio Code of Professional Responsibility advertising rules: DR 2-101(A)(5) (improper characterization of fees), DR 2-101(E)(1) and DR 2-101(B) (permitted fee advertising and its presentation), and DR 2-106(B) (reasonableness of fees). The current analogues are Ohio Prof. Cond. R. 7.1 and 7.2 (Model Rules 7.1, 7.2).

Citations and references

Rules of Professional Conduct:

• Former Ohio Code of Professional Responsibility DR 2-101(A)(5), DR 2-101(E)(1), DR 2-101(B), DR 2-106(B)
• Current analogues: Ohio Prof. Cond. R. 7.1, 7.2 (Model Rules 7.1, 7.2)

See also

• Ohio BPC Op. 2004-012: Attorney Advertising in Telephone Directories
• Ohio BPC Op. 1998-009: "No Fee Unless You Win" Contingent-Fee Advertising
• Ohio BPC Op. 2002-007: Advertising Past Settlement or Verdict Amounts

Source

• Landing page: https://ohioadvop.org/advisory-opinion-index/
• Original PDF: https://www.ohioadvop.org/wp-content/uploads/2017/04/Op-05-009.pdf

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

The Supreme Court of Ohio
BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE
65 SOUTH FRONT STREET, 5TH FLOOR, COLUMBUS, OH 43215-3431
(614) 387-9370 (888) 664-8345 FAX: (614) 387-9379
www.sconet.state.oh.us

                                   OFFICE OF SECRETARY




                             OPINION 2005-9
                          Issued December 2, 2005

[CPR Opinion-provides advice under the Ohio Code of Professional Responsibility
which is superseded by the Ohio Rules of Professional Conduct, eff. 2/1/2007.]

SYLLABUS: A lawyer may not advertise legal services with coupons for free
consultation or dollars off the cost of legal services. Advertising legal services
with fee coupons is a characterization of the fees as “discount” or “special” and
does not comply with DR 2-101(A)(5). Although a lawyer may not use fee
coupons, a lawyer may advertise information regarding fees and charges as set
forth in DR 2-101(E)(1), if presented in compliance with DR 2-101(B). Because
DR 2-101(E)(1)(a) permits advertisement of fee information regarding an initial
consultation, a lawyer may state in an advertisement whether an initial
consultation is free. Prohibiting the use of fee coupons in lawyer advertising does
not interfere with a lawyer’s exercise of independent professional judgment in
setting fees for legal services at a rate that is reasonable and not excessive under
the factors set forth in DR 2-106(B).

OPINION: This opinion addresses a question regarding advertisement of legal
services.

  Is it proper for a lawyer’s advertisement to include a coupon for
  dollars off the cost of legal services or a coupon for a free initial
  consultation?

DR 2-101(A)(5) of the Ohio Code of Professional Responsibility explicitly
prohibits the characterization of fees and rates as “discount” or “special.”

  DR 2-101(A) A lawyer shall not, on his or her own behalf or that of a
  partner, associate, or other lawyer affiliated with the lawyer or the
  lawyer’s firm, use, or participate in the use of, any form of public
  communication, including direct mail solicitation, that:

         (5) Contains characterizations of rates or fees
         chargeable by the lawyer or law firm, such as “cut-
         rate,” “lowest,” “giveaway,” “below cost,” “discount,”
         and “special;” however, use of characterizations of
         rates or fees such as “reasonable” and “moderate” is
         acceptable.

Op. 2005-9 2

A coupon for dollars off legal services or a coupon for a free consultation is a
characterization of a lawyer’s rates and fees as “discount” or “special.” Because
Ohio’s DR 2-101(A)(5) explicitly prohibits the characterization of fees and rates as
“discount” or “special” it is improper for a lawyer’s advertisement to include a
coupon for dollars off legal services or a coupon for a free consultation.

Across the nation, opinions differ as to the use of coupons in legal advertising.
Some advisory committees view lawyers’ advertisements with coupons for
discounts on legal services as improper. See, Bar Assn. Nassau County, Op. 83-2
(1983); Maryland State Bar Assn. Op. 86-18 (undated). Some advisory
committees view coupons for discounts on legal services as proper. See, Alabama
State Bar, Op. 87-134 (1987); Connecticut Bar Assn. Op. 94-23 (1994); State Bar
of Michigan, Op. CI-704 (1981); Philadelphia Bar Assn. Op. 92-12 (1992); South
Carolina Bar, Op. 96-27 (1997). Some committees view coupons for free initial
consultation as proper. See Cincinnati Bar Assn, Op. 91-92-02 (undated); State
Bar of Texas, Op. 452 (1987) (may use if advertisement is in compliance with
provisions on advertising and solicitation).

But, Ohio lawyers are bound by Ohio’s disciplinary rules. Ohio’s rule prohibits
the characterization of fees and rates as “discount” or “special.”

Thus, this Boards advises that a lawyer may not advertise legal services with
coupons for free consultation or dollars off the cost of legal services. Advertising
legal services with fee coupons is a characterization of the fees as “discount” or
“special” and does not comply with DR 2-101(A)(5). Although a lawyer may not
use fee coupons, a lawyer may advertise information regarding fees and charges
as set forth in DR 2-101(E)(1), if presented in compliance with DR 2-101(B).
Because DR 2-101(E)(1)(a) permits advertisement of fee information regarding
an initial consultation, a lawyer may state in an advertisement whether an initial
consultation is free. Prohibiting the use of fee coupons in lawyer advertising does
not interfere with a lawyer’s exercise of independent professional judgment in
setting fees for legal services at a rate that is reasonable and not excessive under
the factors set forth in DR 2-106(B).

Advisory Opinions of the Board of Commissioners on Grievances and
Discipline are informal, nonbinding opinions in response to
prospective or hypothetical questions regarding the application of the
Supreme Court Rules for the Government of the Bar of Ohio, the
Supreme Court Rules for the Government of the Judiciary, the Code
of Professional Responsibility, the Code of Judicial Conduct, and the
Attorney’s Oath of Office.