A town invited me to teach a course. Can I run a newspaper ad with my name and the course details, and what disclaimers do I need?

Plain-English summary

The inquiring attorney asked whether the attorney may publish an advertisement in a newspaper of general circulation stating the attorney's name and the name, time, and location of a course the attorney had been invited to conduct by a local municipality.

The panel quoted Rule 7.2 of the Rhode Island Rules of Professional Conduct on advertising through public media and its record-keeping requirement (Rule 7.2(b), requiring a copy of the advertisement to be kept for two years after its last dissemination along with a record of where and when it was last used). The panel concluded it would not be improper for the municipality to publish the attorney's name and the course name in its Adult Education Program promotional materials, and that an advertisement placed by the attorney in a newspaper of general circulation announcing the course offering (stating the attorney's name and the course name, content, time, and location) would not be improper under Rule 7.2, provided the publications contain no false or misleading statements about the attorney or the attorney's services.

The panel cautioned that the facts warrant strict compliance with Rule 7.4, which allows a lawyer to communicate whether the lawyer does or does not practice in particular fields but bars indicating that the lawyer's practice is limited to or concentrated in particular fields unless the same communication also indicates that Rhode Island does not have a procedure for certification or recognition of specialization by lawyers. The panel took the position that the attorney should include that disclaimer in the advertisement.

Currency note

This opinion was issued in 1991, after the Rhode Island Supreme Court adopted the Model Rules of Professional Conduct effective November 15, 1988, and it applies Rules 7.2 and 7.4 as then in force. The Rhode Island Supreme Court later revised the Rules of Professional Conduct in 2007 as part of the nationwide Ethics 2000 process, and the advertising and specialization rules have been amended since. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule mentioned here.

Common questions

Q: Can a lawyer advertise a class they were invited to teach?

A: Under this opinion, yes. The panel concluded a newspaper ad announcing the municipal course, stating the attorney's name and the course details, would not be improper under Rule 7.2 if it is not false or misleading.

Q: What disclaimer did the panel say the ad should include?

A: The panel said the attorney should include the Rule 7.4 disclaimer that Rhode Island has no procedure for certification or recognition of specialization by lawyers.

Q: Are there record-keeping obligations for the ad?

A: The panel quoted Rule 7.2(b), which requires keeping a copy of the advertisement for two years after its last dissemination, along with a record of where and when it was last used.

Background and rules framework

The opinion applies Rule 7.2 (Advertising) and Rule 7.4 (Communication of Fields of Practice), corresponding to Model Rules 7.2 and 7.4, and reads them subject to Rule 7.1's bar on false or misleading communications. The panel permitted the course advertisement under Rule 7.2 while conditioning it on the Rule 7.4 specialization disclaimer specific to Rhode Island's lack of a certification procedure.

Citations and references

Rules of Professional Conduct:

• MR 7.2 (advertising)
• MR 7.1 (communications concerning a lawyer's services)
• MR 7.4 (communication of fields of practice)
• RI RPC 7.2
• RI RPC 7.4

Statutes:

• None cited.

Cases:

• None cited.

Other opinions cited:

• None cited.

See also

• RI EAP Op. 95-55: A Lawyer's Name in a Shared Television Advertisement
• RI EAP Op. 95-14: Trade Name in TV Advertising
• RI EAP Op. 95-45: Marketing Letters Must Say Advertisement

Source

• Landing page: https://www.courts.ri.gov/attorney-resources/Pages/Ethics-Advisory-Panel-default.aspx
• Original PDF: https://www.courts.ri.gov/Opinions/EAP%2091-12.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.

DIGEST OF ETHICS ADVISORY PANEL
Opinion #91-12, Request #245
Issued May 23, 1991

An attorney seeks Panel advice as to whether the attorney may publish an advertisement in a newspaper of general circulation which states the attorney's name, and the name, time and location of a course the attorney has been invited to conduct by a local municipality.

Rule 7.2(a) of the Rhode Island Rules of Professional Conduct states, "Subject to the requirements of Rule 7.1, a lawyer shall not make a false or misleading communication about the lawyer or the lawyer's services ... a lawyer may advertise services through public media, such as a telephone directory, legal directory, newspaper or other periodical, outdoor advertisement, radio or television, or through written communication not involving solicitation as defined in Rule 7.3." Rule 7.2(b) requires that a copy of the advertisement must be kept for two (2) years after its last dissemination along with a record of where and when it was last used.

The Panel takes the position that it would not be improper for the municipality to publish the attorney's name and the name of the course the attorney has been invited to conduct in the municipality's Adult Education Program promotional materials. The Panel also believes that an advertisement placed by the attorney in a newspaper of general circulation in connection with the announcement of the course offering by the municipality stating the attorney's name, the course name, content, time and location would not be improper under Rhode Island Rule of Professional Conduct 7.2. The Panel notes these publications would be proper provided they do not contain any false or misleading statements about the attorney or the attorney's services.

The Panel cautions that the facts giving rise to this inquiry warrant strict compliance with the terms of Rhode Island Rule of Professional Conduct 7.4.

Rule 7.4 provides:

A lawyer may communicate the fact that a lawyer does or does not practice in particular fields of law. A lawyer may not, however, indicate that his or her practice is limited to or concentrated in particular fields of law unless, as part of the same communication, the lawyer also indicates that Rhode Island does not have a procedure for certification or recognition of specialization by lawyers.

The Panel takes the position that the attorney should include the above disclaimer in the advertisement.

Ethics Advisory Panel advice is protective in nature. There is no requirement that an attorney abide by a Panel opinion, but if he or she does, he or she is fully protected from any charge of impropriety.