Rhode Island Supreme Court Ethics Advisory Panel Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the Rhode Island Supreme Court Ethics Advisory Panel, with full citations and source links on every page.
No Rhode Island Supreme Court Ethics Advisory Panel opinions match these filters
Try a different search term or clear the filters.
My law partner and I want to name our new transactional firm 'Contract House LLP.' It has no partner names, just describes our practice. Does a trade name like that comply with the Rhode Island firm-name rules?
Yes. The panel held that 'Contract House LLP' comports with Rule 7.5 (and by extension Rule 7.1) because it is a permitted trade name that describes the firm's practice area and organizational structu…
My firm wants to distribute a publication advertising our services that also carries ads for our non-lawyer business partners (financial planners, realtors, in-home care, and the like). Does including those partner ads violate the advertising rules?
No. The panel held that including non-lawyer business-partner advertisements in the firm's publication does not violate Rules 7.1 through 7.5, because the partner ads contained no false or misleading …
May my debt-collection firm send the required CFPB model validation notice without listing our attorneys or a signature block?
Yes. The panel concluded it is permissible under the Rules of Professional Conduct to send the CFPB model validation form without listing each attorney or including a signature block. Rule 7.5(b) does…
Can I pay a marketing agency about $200 per title order a mortgage broker sends me, and build that cost into my closing fee?
No. The panel concluded the arrangement violates Rule 7.2(c) because the lawyer effectively pays the mortgage broker's advertising costs in exchange for title-order referrals, even though the money ru…
May I pay a for-profit internet company a flat fee for each client lead it sends me?
No. The panel concluded a for-profit internet service that holds itself out as a 'Lawyer Referral Service' is an impermissible referral service. Rule 7.2(c) lets a lawyer pay only the usual charges of…
May I walk around my office neighborhood and personally solicit legal business from local business owners, leaving a letter?
Yes. The panel concluded Rule 7.3(a), which bars in-person solicitation for pecuniary gain, contains an exception for business organizations, so the lawyer may solicit business owners and operators in…
May my law firm email other Rhode Island lawyers, using publicly listed bar email addresses, to ask them to refer clients to us in our practice areas?
The panel concluded yes. Because the emails go only to other lawyers, they are neither prohibited solicitations under Rule 7.3 nor advertisements under Rule 7.2, so the firm may send them, subject to …
My marketing agency wants me to use the slogan 'Win with [my last name]' and a variant, 'When you want to win, call [my last name],' across internet, TV, radio, and billboard ads. Would that be false or misleading advertising under the rules?
No. The panel held the proposed rhyming slogans are permissible under Rule 7.1 because there is no substantial likelihood that a reasonable member of the public would conclude from them that the attor…
I'm certified as an elder law attorney by an ABA-accredited organization. Can I put 'Certified Elder Law Attorney' on my letterhead?
Yes, with conditions. The panel held Rule 7.4 permits the inquiring attorney to include the designation 'Certified Elder Law Attorney' on letterhead, but requires identifying the National Elder Law Fo…
In a medical malpractice case, can I run a newspaper ad asking the defendant physician's other patients to contact me about whether they filled out a patient-history questionnaire, without complying with the lawyer-advertising rules?
Yes. The panel held that a newspaper advertisement seeking factual information from other patients about the physician's use of patient-history questionnaires is neither a solicitation of professional…
I'm a sole practitioner and I also volunteer as a court mediator. Can I rename my firm 'Smith Law and Mediation' to promote both services?
No. The panel held that including 'Mediation' in a law firm name is misleading under Rule 7.1 because it implies the lawyer's private mediation practice is regulated by the Rhode Island Supreme Court …
A website wants my firm to pay an annual membership fee to host a profile and get access to anonymous consumer requests for legal help, without the site ever recommending a specific attorney. Does that comply with the advertising and fee-sharing rules?
Yes. The panel held the flat annual membership fee is the reasonable cost of advertising permitted by Rule 7.2(c), the arrangement is not a referral service because the site never recommends a specifi…
Can I send direct-mail advertising for my employment-law practice to companies that have had discrimination complaints filed against them with a human rights agency?
The panel held direct-mail solicitation is barred only toward employers currently represented by counsel on a pending agency complaint; employers with past complaints, or pending but unrepresented emp…
My law partner is leaving to take a government job. He says I can keep his name in the firm name. Can I keep calling the firm by both our names?
The panel concluded the continued use of the departing partner's name would be misleading under Rules 7.1 and 7.5 and inconsistent with Article II, Rule 10 of the Supreme Court Rules, so the attorney …
Can I report a client's settlement to the 'Verdicts and Settlements' column of a legal newspaper without the client's consent if I leave out the names, insurer, and docket number?
The panel concluded that the settlement details the lawyer proposed to publish were information relating to the representation, so under Rule 1.6 the lawyer could not disclose them for publication wit…
The Bar's Lawyer Referral Service sends me referrals but the clients often don't call. Can I phone or write to them first without following the rules for solicitation letters?
The panel concluded that following up by telephone or letter with a person the Bar Association Lawyer Referral Service has already referred is not a solicitation under Rule 7.3, because the prospectiv…
I'm on the approved-attorney panel of a prepaid legal service plan and want to send an introductory mass mailing to all plan members. Does that letter have to follow the solicitation rules?
The panel concluded that an introductory mass mailing to prepaid-plan members is a solicitation of prospective clients and must comply with Rule 7.3(b), because an attorney's status as an approved pla…
Can I cold-call a pro se appellee and offer to represent the appeal for free if my real goal is to log the appellate experience I need to get onto the paid court-appointment list?
The panel concluded that the proposed telephone solicitation would violate Rule 7.3(a), because a significant motive was the lawyer's own pecuniary gain in qualifying for future paid appointments, and…
A trade organization's president wants to send members a letter announcing that my discounted legal services are available to them. Must that letter comply with Rule 7.3's direct-solicitation requirements?
The Panel concluded the president's letter is a direct written solicitation on the inquiring attorney's behalf, whether or not it describes the attorney's services, fees, or experience, and therefore …
I want an employer to hand its employees a notice and fee schedule offering my legal services, plus an employment-verification form. Must the notice and the form comply with Rule 7.3's advertising requirements?
The Panel concluded the employer's notice and attached fee schedule must comply with Rule 7.3 (marked 'advertisement' and filed with Disciplinary Counsel), but the employee verification form need not;…
I have retired and am on inactive status but still belong to the state bar association. May my letterhead say 'Attorney at Law (Retired),' 'Member of the Rhode Island Bar Association,' and list my academic degrees, and can I use 'J.D.' instead of the 'LL.B.' I earned?
The Panel concluded a retired lawyer may use 'Attorney at Law (Retired)' and list academic degrees on letterhead, but may not use 'Member of the Rhode Island Bar Association' because it misleadingly i…
I want to offer free senior-law seminars at senior centers and assisted living communities, and to promote them by phoning the facility directors. Is calling those directors a direct solicitation barred by Rule 7.3?
The Panel concluded the telephone contact does not violate Rule 7.3, because the directors are not the prospective clients (the individual senior attendees are), and the rule permits contacting an org…
May I list the names of my paralegals and legal assistants on my law office letterhead if I separate them from the lawyers' names?
The Panel concluded no: listing non-lawyers on law firm letterhead is misleading to the public because it can create a false impression of a partnership between lawyers and non-lawyers, so only the na…
May I offer a client company's employees a set menu of legal services at a fixed fee, with the employer simply announcing the program, and roll the same offer out to non-client businesses? Does Rule 7.3 allow it?
The Panel concluded the arrangement is acceptable for an existing client's employees so long as the employer's cooperation is voluntary, the employer receives no consideration, and employees face no p…
May I send an 'advertisement'-labeled direct mailing to businesses affected by a new regulation, offering legal help? And does it matter if a recipient is represented by counsel on unrelated matters?
The Panel concluded the mailing does not violate Rule 7.3 if the advertising requirements are strictly observed, and that a recipient's representation by counsel on unrelated matters does not bar the …
Can I use a group television advertising service that runs a generic ad and show only an 800 number instead of my own or my firm's name?
The panel concluded that under Rule 7.2(d) any lawyer advertisement must include the name of at least one lawyer responsible for its content, so the inquiring attorney may not use the shared televisio…
A nonlawyer wants to sell collection forms bundled with my services, refer the buyers to me, and pay me a cut of the form sales, plus name me in a pamphlet. Is that allowed?
The panel advised against the arrangement. It concluded that the nonlawyer's soliciting business for the lawyer violates Rules 7.3 and 5.3, that using the lawyer's name for the nonlawyer's solicitatio…
My firm wants to mail businesses letters offering a free meeting to discuss legal issues. Do we have to mark the letter 'advertisement,' even though it doesn't ask for their business?
The panel concluded that the letters are solicitation under Rule 7.3 even though they do not request employment, so the firm may send them only if each letter is clearly labeled 'advertisement' on the…
I want to mail realtors an ad offering title searches and a 'closing cost coupon' crediting buyers they refer to me. Does that comply with the advertising rules?
The panel concluded that the mailing would comply if 'advertisement' appears in larger type on the letter, envelopes, and coupons and a copy goes to Disciplinary Counsel within 48 hours, but it declin…
Can I advertise my solo practice on TV under a trade name like 'XYZ Law Associates' while keeping my own name on my letterhead and bank accounts?
The panel concluded that using a trade name in lieu of the lawyer's name for television advertising was a misleading communication under Rule 7.1(a), because it misleads the public about the lawyer's …
A named partner is leaving my firm to work at a corporation but will stay 'of counsel.' Can we keep the partner's name in the firm name under Rule 7.5?
The Panel concluded that the departing 'of counsel' attorney's name may not remain part of the firm name, because retaining it connotes a partnership and is misleading under Rule 7.5, and the departur…
Can I put up an 'attorney at law' sign at my brother's medical office building even though I don't hold office hours or practice law there?
The Panel concluded that placing a sign at an office location where the attorney does not practice law is misleading to the public under Rule 7.1, because a sign conveys that an attorney holds office …
As an assistant town solicitor, I want to offer my breathalyzer-refusal prosecution services to other towns. Can I pitch police chiefs or solicitors directly, and can I mail the offer to each town's solicitor?
The Panel concluded that under Rule 7.3(a) the attorney may not solicit prospective clients in person when the motive is pecuniary gain, so a direct solicitation to town police chiefs is improper, but…
I represent a nonprofit association and have done work for some of its members. May I send each member a letter offering my estate-planning services, or must that letter comply with the solicitation rules under Rule 7.3?
The Panel concluded that because the attorney had a professional relationship with the association but not with each individual member, letters offering services to members are solicitations for pecun…
My firm runs free public seminars on a field of law and advertises them in a statewide newspaper. The ad touts one legal instrument over another but carries the RI specialization disclaimer. Does it comply with Rule 7.1?
The Panel concluded the seminar advertisement did not violate Rule 7.1; although it implied a concentration by the firm, it contained the Rule 7.4 statement that Rhode Island has no procedure for cert…
Can my firm run a newspaper ad that touts our prior 'largest jury award in New England history' if we include a disclaimer that each case is unique and results are not guaranteed?
The Panel concluded that any reference to a prior favorable verdict in an advertisement violates Rule 7.1(b) as misleading, notwithstanding disclaimers, so it could not condone the ad; it also could n…
My firm's clients want to pay for and run an ad to recruit more class-action plaintiffs, and it praises my firm. Does the ad have to follow the lawyer advertising rules, and does this one comply?
The Panel concluded that an ad paid for and run by clients is still subject to the advertising rules because it contains information about legal services, and that this ad violated Rule 7.1: 'top notc…
I am a lawyer and a certified public accountant. Can I list 'CPA' in my advertising, on my letterhead, and on my business cards?
The Panel concludes the attorney may designate 'CPA' in advertising and on letterheads, because Rules 7.1, 7.5, and 7.4 do not prohibit indicating that a lawyer is also qualified in another field such…
Can I print 'Wills, Trusts and Probate' on my business cards in Rhode Island?
The Panel concludes the words 'Wills, Trusts and Probate' indicate a concentration in those fields, so under Rule 7.4 the business cards must also state that Rhode Island does not have a procedure for…
Office-sharing lawyers advertise as 'an association of independent attorneys.' Is that misleading, and are we treated as a firm?
The Panel concludes the 'association of independent attorneys' sign and advertisement do not violate Rules 7.1 or 7.5, but that the lawyers will be regarded as a firm for Rule 1.10 imputed-disqualific…
Can I list my LL.M in Taxation on business cards, advertise Spanish-speaking services, and note that I work with a nonlawyer IRS agent?
The Panel concludes a lawyer may state LL.M after the name and, with the required specialization disclaimer, LL.M in Taxation, and may advertise Spanish-speaking services and share office space with a…
My partner and I want to advertise our personal-injury work under just 'A and B attorneys' without naming our actual law firm. Is that allowed?
The Panel concludes the proposed advertisement would be misleading under Rule 7.1 because it omits a material fact -- the firm in which A and B practice -- and implies that A and B are a separate two-…
Can I state on my letterhead that I'm certified by the National Board of Trial Advocacy, and do I have to add the Rule 7.4 no-certification-procedure disclaimer?
The Panel concludes the certification statement may be placed on letterhead if it complies with Rules 7.1 and 7.4, and because it implies a concentration, the Rule 7.4 disclaimer that Rhode Island has…
I want to run a newspaper notice asking the public for information about a notorious case, not to get clients. Are the lawyer advertising rules triggered?
The Panel concludes that because the attorney does not intend to solicit business, the notice is not an advertisement; if the intent were to solicit business, the attorney would have to comply with th…
Is an unsolicited brochure mailed to prospective clients a solicitation under Rule 7.3, and does a shared trade-organization membership count as a prior professional relationship?
The Panel concludes the unsolicited brochure mailing is solicitation subject to Rule 7.3(b) (including the advertisement marking), a common trade-organization membership is not a prior professional re…
Can my firm name its real estate title department with the partners' initials, like 'ABC Equity Title Group,' and put only that name on the department's building sign and letterhead?
The panel advised that Rules 7.1 and 7.5 apply and that the proposed name for the equity title department is misleading and confusing to the public; the panel also stated it did not understand why the…
I want to publish a newspaper advice column as an advertisement. Does Rule 7.2 let me satisfy the filing requirement by sending Disciplinary Counsel a subscription to the paper instead of each ad?
No. The Panel concludes that Rule 7.2(b) requires the attorney to send a copy of each print advertisement to Disciplinary Counsel; mailing a newspaper subscription does not comply.
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?
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…
Can I mail people who are owed unclaimed money or property a letter with a contingency fee agreement offering to recover it for them?
The panel advised that such a letter is or may be construed as a direct solicitation of legal services governed by Rule 7.3, so the attorney must comply with Rule 7.3(b)'s written-communication requir…
I want to offer zoning-consulting services to a town and others after seeing a newspaper notice. Do the solicitation and advertising rules apply to me?
The panel advised that the attorney must comply with the Rules of Professional Conduct, including Rule 7.3 on direct contact with prospective clients (with the written-communication requirements of Ru…
Can I advertise and run law-related educational seminars, promoted by newspaper ads and direct mail, if the materials don't push my legal services?
The panel advised that a firm may provide legal seminars to clients and non-clients so long as neither the brochures nor the presentation recommends that the firm be employed; such seminars and brochu…
Can I mail a letter to business contacts who are not my clients telling them about pending legislation and urging them to contact legislators?
The panel advised that the proposed letter does not violate the rules on advertising (Rules 7.1-7.5) because its purpose is to inform the public of specific legislation rather than to solicit employme…
May I send a letter to other Rhode Island lawyers touting my firm's litigation experience, and do the solicitation rules apply?
The panel advised that a letter directed exclusively to Rhode Island attorneys is permissible if it contains no false or misleading statements and includes the Rule 7.4 specialization disclaimer; the …
My ad lists my name, address, areas of law, and bar memberships. Does it comply with Rhode Island's advertising rules?
The panel declined to pre-approve the ad but advised that under Rules 7.2 and 7.4 the advertisement must contain no false or misleading statements, and if it indicates the lawyer concentrates in parti…
Can I run an advertisement seeking parties to join a class action?
The panel concluded that the proposed advertisement is proper, because the comment to Rule 7.2 notes that soliciting class-action members is not prohibited, as long as the requirements of Rule 7.3 are…
Can my firm put its brochure in the waiting room and mail it to existing clients?
The panel advised that the firm's brochure may be placed in the attorney's waiting room as long as it complies with Rule 7.1 and contains the specialty disclaimer required by Rule 7.4, and that mailin…
I want to announce and add to my letterhead someone who passed another state's bar but can't sit for the RI bar because his law school wasn't accredited. How do I list him?
The panel concluded that referencing the individual as a member of another state's bar would be misleading under Rule 7.1 because it implies he is eligible to become a Rhode Island lawyer, and that if…
I want to mail an advertisement to potential plaintiffs to recruit them for a class action I plan to file. What rules apply?
The panel concluded that the proposed advertisement is governed by Rule 7.2, which restricts soliciting professional employment from prospective clients with no family or prior professional relationsh…
Can I put a rooftop sign on my law office that says 'Benefits for the Injured' beneath the firm name?
The panel concluded that the statement 'Benefits for the Injured' violates Rule 7.1 because it is ambiguous and lacks sufficient facts to make the phrase, considered as a whole, not materially mislead…
Can I practice law under my maiden name while using my married name for personal and family matters?
The panel concluded that the attorney may retain her maiden name for professional purposes while using her married name for personal, family, and other purposes, so long as the use of the different na…
Browse Rhode Island Supreme Court Ethics Advisory Panel opinions by topic
Legal ethics opinions from the Rhode Island Supreme Court Ethics Advisory Panel interpret the rules of professional conduct for working lawyers, in response to inquiries from members and committees. They are not binding like court discipline decisions, but courts and discipline boards treat formal opinions as substantial guidance on how the rules apply. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.