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RIEAP January 13, 1993

Can I advertise on a hotel-lobby wall display that shows my name, address, and general-practice notice and has a phone that dials my office directly?

Short answer: The panel advised that Rule 7.2 applies and that communicating the firm's name, address, and telephone number in this way is permitted under the Rules as long as the attorney follows the guidelines of Rule 7.2.

Apply this to your situation

This page answers the general question as of 1993. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.

Currency note: this opinion is from 1993
Subsequent statutory amendments, court decisions, or later opinions or rule amendments may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page as a PDF) is the authoritative source for any reliance.
View original ethics opinion (PDF)

Plain-English summary

The inquiring attorney would like to advertise on a wall-mounted display in a hotel lobby. The display would contain the attorney's name, address, and an indication that the attorney engages in the general practice of law. The display, which also advertises other products and services, comes equipped with a telephone; by picking up the telephone and dialing a three-digit number, prospective clients may reach the attorney's offices directly. The attorney asked whether this service and advertisement would violate the Rules.

The panel said Rule 7.2 ("Advertising") applies, and quoted the rule: subject to Rule 7.1, a lawyer may advertise services through public media, such as a telephone or legal directory, newspaper or other periodical, outdoor, radio, or television, or through written communication not involving solicitation as defined in Rule 7.3; a copy of each print advertisement (and recordings of radio and television advertisements) must be sent to the Supreme Court Disciplinary Counsel before or within 48 hours of first dissemination and retained by the lawyer for two years with a record of use; a lawyer shall not give anything of value for recommending the lawyer's services except the reasonable cost of permitted advertising and the usual charges of a not-for-profit lawyer referral service; and any communication under the rule must include the name of at least one lawyer responsible for its content.

The panel concluded that the attorney's proposed advertisement, consisting of the name, address, and telephone number of the law firm, communicates information that is permitted under the Rules as long as the attorney follows the guidelines of Rule 7.2.

In practice

Under this opinion, a lawyer may advertise on a hotel-lobby wall display that shows the firm's name, address, and general-practice notice and includes a phone that dials the office directly, provided the advertising complies with Rule 7.2. The opinion treats the display as ordinary permitted advertising of name, address, and telephone number, subject to Rule 7.2's filing, retention, responsible-lawyer, and value-for-recommendation requirements.

Common questions

Q: Can I advertise my firm on a hotel-lobby display?

A: Per the opinion, yes; communicating the firm's name, address, and telephone number this way is permitted under the Rules as long as the attorney follows the guidelines of Rule 7.2.

Q: Is the direct-dial phone to my office a problem?

A: Per the opinion, the panel treated the proposed advertisement as consisting of the name, address, and telephone number of the firm and found it permitted so long as Rule 7.2 is followed.

Q: What does Rule 7.2 require me to do with the advertisement?

A: Per the opinion, Rule 7.2 requires, among other things, filing copies with the Supreme Court Disciplinary Counsel within the stated time, retaining copies for two years, including the name of a responsible lawyer, and not giving value for recommendations beyond permitted costs.

Background and rules framework

The opinion applies Rhode Island Rule 7.2 (advertising), read subject to Rule 7.1 (communications concerning a lawyer's services), corresponding to the same-numbered Model Rules. The panel quoted Rule 7.2's public-media allowance and its filing, retention, responsible-lawyer, and value-for-recommendation provisions, and found the name/address/phone display permitted if those guidelines are followed.

Citations and references

Rules of Professional Conduct:

  • MR 7.2 (advertising)
  • MR 7.1 (communications concerning a lawyer's services)
  • RI RPC 7.2, 7.1

Statutes:

  • None cited.

Cases:

  • None cited.

Other opinions cited:

  • None cited.

See also

Currency note

This opinion was issued in early 1993 (Opinion 92-93, issued January 13, 1993), after the Rhode Island Supreme Court adopted the Model Rules of Professional Conduct effective November 15, 1988, and it applies Rules 7.1 and 7.2 as originally adopted. The Rhode Island Supreme Court later revised the Rules of Professional Conduct in 2007 as part of the nationwide Ethics 2000 process, which amended the lawyer-advertising rules (Rules 7.1-7.5). 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.

Source

Original opinion text

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

ETHICS ADVISORY PANEL
Opinion 92-93, Request #320
Issued January 13, 1993

An attorney seeks Panel advice regarding the following situation. An attorney would like to provide advertising on a wall mounted display in the lobby of a hotel. The display would contain the attorney's name, address and an indication that the attorney engages in the general practice of law. The display, which also advertises other products and services, comes equipped with a telephone. By picking up the telephone and dialing a three digit number, prospective clients may reach the attorney's offices directly. The attorney asks whether this service and advertisement would violate the Rules of Professional Conduct.

The Panel believes that Rule 7.2 entitled "Advertising" applies to this inquiry. The Rule states that:

(a) Subject to the requirements of Rule 7.1, a lawyer may advertise services through public media, such as a telephone directory, legal directory, newspaper or other periodical, outdoor, radio or television, or through written communication not involving solicitation as defined in Rule 7.3.

(b) A copy of each print advertisement (other than yellow page advertisements), a recording of each radio advertisement, and a videotape of each television advertisement shall be sent to the Supreme Court Disciplinary Counsel prior to or within 48 hours of the first dissemination of such advertisement and another copy of each print advertisement (including yellow page advertisements), recording of each radio advertisement and videotape of each television advertisement shall be retained by the lawyer for two years after its last dissemination along with a record of when and where it was used.

(c) A lawyer shall not give anything of value to a person for recommending the lawyer's services, except that a lawyer may pay the reasonable cost of advertising or written communication permitted by this rule and may pay the usual charges of a not-for-profit lawyer referral service or other legal service organization.

(d) Any communication made pursuant to this rule shall include the name of at least one lawyer responsible for its content.

The attorney's description of the proposed advertisement consists of the name, address and telephone number of his law firm. Communication of this information is permitted under the Rules as long as the attorney follows the guidelines of Rule 7.2.

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