Will the Washington bar's ethics committee tell a lawyer in advance whether a proposed advertisement is permissible?

Plain-English summary

The inquiring lawyer submitted the proof of an advertisement he proposed to place in the yellow pages, said it might be offensive to some but that he wanted to use it anyway, and asked the committee whether the ad violates any of the Rules of Professional Conduct. The committee responded that, as a matter of policy, it cannot approve specific advertisements.

The committee said it is the responsibility of the lawyer to ensure that any advertisement complies with the Rules of Professional Conduct, including Title 7 (the rules governing information about legal services).

Currency note

This opinion was issued in 2002, before the Washington State Bar Association's adoption of the 2006 revisions to the Rules of Professional Conduct. Washington's lawyer-advertising rules (Title 7) were later amended. 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 Treat this page as historical context, not current guidance.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, deadline, or requirement mentioned here.

In practice

Under the Washington rules as they stood at the time of the opinion, the committee treated review of a specific proposed advertisement as outside what it would do: it stated a policy of not approving specific advertisements and placed responsibility for compliance with the Rules of Professional Conduct, including Title 7, on the lawyer.

Common questions

Q: Will the bar's ethics committee approve a specific ad before a lawyer runs it?

A: No. The committee said that, as a matter of policy, it cannot approve specific advertisements.

Q: Who is responsible for making sure an ad complies with the rules?

A: The committee said it is the responsibility of the lawyer to ensure that any advertisement complies with the Rules of Professional Conduct, including Title 7.

Background and rules framework

The opinion concerns Title 7 of the Washington Rules of Professional Conduct (information about legal services), which includes RPC 7.1 (communications concerning a lawyer's services), RPC 7.2 (advertising), RPC 7.3 (direct contact with prospective clients), RPC 7.4 (communication of fields of practice), and RPC 7.5 (firm names and letterheads), corresponding to Model Rules 7.1 through 7.5. The committee did not apply these rules to the specific ad; it stated only that it does not pre-approve advertisements and that compliance is the lawyer's responsibility. The opinion reflects Washington's pre-2006 rule numbering.

Citations and references

Rules of Professional Conduct:

• Model Rules 7.1-7.5 / Washington RPC 7.1-7.5 (Title 7: information about legal services)

See also

• WSBA Ethics Op. 1192: Fake "Satisfied Client" Testimonials in Ads
• WSBA Ethics Op. 1617: Fee-Discount Coupon and Charitable-Donation Advertising
• WSBA Ethics Op. 1085: Direct-Mail Advertising to CPAs

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=1234

Original opinion text

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

Advisory Opinion: 1989
Year Issued: 2002
RPC(s): RPC 7.1, 7.2, 7.3, 7.4, 7.5
Subject: advertising

The inquiring lawyer submitted the proof of an ad he proposes to place in the yellow pages. He states that it may be offensive to some, but he wants to use it anyway. The inquiring lawyer asks the committee whether the ad violates any of the rules of professional conduct.

The committee states that, as a matter of policy, the committee can not approve specific advertisements. However, with respect to the inquiry, it is the responsibility of the lawyer to insure that any advertisement complies with the RPCs, including Title 7.