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State Advertising Restrictions


Each state has its own set of unique rules addressing attorneys ability to advertise and the information that must accompany their advertisements. When viewing a listing from West Legal Directory, consider the following rules to which lawyers and law firms must adhere.

General Advertising Disclaimers

Attorneys practicing in the following states must include a particular disclaimer on all advertisements:

Certification and Specialization Disclaimers/Disclosures

The following states require advertising disclaimers or disclosures when attorneys indicate practice limitations, areas of concentration, areas of specialization or certifications:

Contingency-Fee Arrangement Disclaimers/Disclosures

The following states require advertising disclaimers or disclosures when attorneys indicate that contingency-fee arrangements are available:

Client Testimonials and Comparisons Between the Services of Attorneys Disclaimers/Disclosures

The following states require advertising disclaimers or disclosures when attorneys indicate client testimonials or comparisons between the services of attorneys are available:

Practice Area-Specific Disclaimers

In the following practice areas, state, federal or administrative law may require advertising disclaimers when attorneys advertise that practice area or, in the case of tax, give written tax advice:

Other Required Disclaimers

In addition, disclaimers may be required in a variety of other situations, such as when a firm:
  • makes misleading statements
  • implies that past successes indicate the likelihood of future success
  • uses a trade name, particularly a potentially misleading one
  • uses examples of results or verdicts in advertising
  • includes an endorsement, particularly a paid endorsement
  • includes a testimonial
  • compares the firm's services or fees with others
  • advertises fixed fees
  • advertises purely for the purpose of referring business out
  • uses actors or models
  • uses dramatizations
  • advertises a satellite or part-time office
  • advertises in a foreign language
  • carries less than a certain level of liability insurance

You should consult your state's code or rules of professional responsibility before placing advertisements.

Disclaimers required on all Web sites:


Alabama

"No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers." Alabama Rules of Professional Conduct Rule 7.2(e) (2002).

Florida

(b) Internet Presence. All World Wide Web sites and home pages accessed via the Internet that are controlled or sponsored by a lawyer or law firm and that contain information concerning the lawyer's or law firm's services:

    (1) shall disclose all jurisdictions in which the lawyer or members of the law firm are licensed to practice law;
    (2) shall disclose 1 or more bona fide office locations of the lawyer or law firm, in accordance with subdivision (a)(2) of rule 4-7.2; and
    (3) are considered to be information provided upon request.

Florida Rules of Professional Conduct Rule 4-7.6(b) (2008).


Kentucky


"THIS IS AN ADVERTISEMENT"

The Commission may require the statement "THIS IS AN ADVERTISEMENT" for any advertisement that may not be perceived as a quest for clients because of the format, manner of presentation or medium. If the statement is required, it shall be spoken in all audio advertisements at the end thereof and in all other advertisements, shall be in color and size print equal to the lawyer's or firm name and visually present for as long as the lawyer's or firm's name.

Kentucky Rules of Professional Conduct SCR 3.130(7.25) (2008).


Mississippi


"FREE BACKGROUND INFORMATION AVAILABLE UPON REQUEST."

See Mississippi Rules of Professional Conduct Rule 7.4 (a)(2) (2007).


Missouri


"The choice of a lawyer is an important decision and should not be based solely upon advertisements."

Optional addition:
"This disclosure is required by rule of the Supreme Court of Missouri."

Missouri Rules of Professional Conduct Rule 4-7.2(f) (2008).


New York


Every advertisement other than those appearing in a radio or television advertisement or in a directory, newspaper, magazine or other periodical (and any web sites related thereto), or made in person pursuant to DR 2-103 [1200.8] (A)(1), shall be labeled "Attorney Advertising" on the first page, or on the home page in the case of a web site. If the communication is in the form of a self-mailing brochure or postcard, the words "Attorney Advertising" shall appear therein. In the case of electronic mail, the subject line shall contain the notation "ATTORNEY ADVERTISING."

New York Lawyer's Code of Professional Responsibility Rule DR 2-101(f) (2007).


Virginia


Example of possible disclaimer:
"Every legal matter is different. The outcome of each legal case depends upon many factors, including the facts of the case, and no attorney can guarantee a positive result in any particular case."

(3) advertises specific or cumulative case results, without a disclaimer that (i) puts the case results in a context that is not misleading; (ii) states that case results depend upon a variety of factors unique to each case; and (iii) further states that case results do not guarantee or predict a similar result in any future case undertaken by the lawyer. The disclaimer shall precede the communication of the case results. When the communication is in writing, the disclaimer shall be in bold type face and uppercase letters in a font size that is at least as large as the largest text used to advertise the specific or cumulative case results and in the same color and against the same colored background as the text used to advertise the specific or cumulative case results.

Virginia Rules of Professional Conduct Rule 7.2(a)(3) (2007)


Wyoming


g) Except as permitted by Rule 7.4, advertisement containing information in addition to that set forth in Rule 7.2(c) shall contain the following disclaimer:
The Wyoming State Bar does not certify any lawyer as a specialist or expert. Anyone considering a lawyer should independently investigate the lawyer's credentials and ability, and not rely upon advertisements or self-proclaimed expertise.

The disclaimer must appear within the advertisement itself, or in the instance of a telephone or other directory, upon the same or the facing page as the advertisement appears. The disclaimer shall be in a type size at least as large as the smallest type size appearing in the advertisement.

Wyoming Professional Conduct for Attorneys at Law Rule 7.2(g) (2007).

Certification/Specialty Disclaimers:

Alabama, Alaska, Arkansas, Delaware, Idaho, Iowa, Kansas, Maine, Montana, Nebraska, North Carolina, Ohio

(all states listed here have this exact language or language substantially similar)
(d) A lawyer shall not state or imply that a lawyer is certified as a specialist in a particular field of law, unless:

    (1) the lawyer has been certified as a specialist by an organization that has been approved by an appropriate state authority or that has been accredited by the American Bar Association; and
    (2) the name of the certifying organization is clearly identified in the communication.
Note: some states use State Bar or Supreme Court instead of American Bar Association.

Alabama Rules of Professional Conduct Rule 7.4(b) and comment (1994); Alaska Rules of Professional Conduct Rule 7.4(b) and comment (2000); Arkansas Rules of Professional Conduct Rule 7.4(d) (2007); The Delaware Lawyers Rules of Professional Conduct Rule 7.4(d) (2008); Idaho Rules of Professional Conduct Rule 7.4(d) (2007); Iowa Rules of Professional Conduct 32:7.4 (2008); Kansas Rules of Professional Conduct Rule 7.4(d) (2007); Maine Code of Professional Conduct Rule 3.8(b) (2007); Montana Rules of Professional Conduct Rule 7.4(d) (2007); Nebraska Rules of Professional Conduct 7.4(d) (2008); North Carolina State Bar Rules Rule 7.4(b) (2008); Ohio Rules of Professional Conduct Rule 7.4(e) (2008)


California


(D) A communication or a solicitation (as defined herein) shall not:
(6) State that a member is a "certified specialist" unless the member holds a current certificate as a specialist issued by the Board of Legal Specialization, or any other entity accredited by the State Bar to designate specialists pursuant to standards adopted by the Board of Governors, and states the complete name of the entity which granted certification.

California Rules of Professional Conduct Rule 1-400(D)(6) (2008)


Colorado


(d) A lawyer shall not state or imply that a lawyer is certified as a specialist in a particular field of law, unless:

    (1) the lawyer has been certified as a specialist by an organization that has been approved by an appropriate state authority or that has been accredited by the American Bar Association; and
    (2) the name of the certifying organization is clearly identified in the communication.

(e) In any advertisement in which a lawyer affirmatively claims to be certified in any area of the law, such advertisement shall contain the following disclosure: "Colorado does not certify lawyers as specialists in any field." This disclaimer is not required where the information concerning the lawyer's services is contained in a law list, law directory or a publication intended primarily for use of the legal profession.

Colorado Rules of Professional Conduct Rule 7.4(e) & (f) (2008).


Florida


(A) Florida Bar Certified Lawyers. A lawyer who complies with the Florida certification plan as set forth in chapter 6, Rules Regulating The Florida Bar, may inform the public and other lawyers of the lawyer's certified areas of legal practice. Such communications should identify The Florida Bar as the certifying organization and may state that the lawyer is "certified," "board certified," a "specialist in (area of certification)," or an "expert in (area of certification)."

Rules Regulating The Florida Bar Rule 4-7.2 (c)(6)(A) (2008),


Hawaii


"The Supreme Court of Hawaii grants Hawaii certification only to lawyers in good standing who have successfully completed a specialty program accredited by the American Bar Association."

Hawaii Rules of Professional Conduct Rule 7.4(c) (2002).


Illinois


"The Supreme Court of Illinois does not recognize certifications of specialties in the practice of law and that the certificate, award or recognition is not a requirement to practice law in Illinois."

Illinois Rules of Professional Conduct Rule 7.4(c)(2) (2002).


Indiana

Rule 7.4: (a)The lawyer shall not represent, either expressly or impliedly, that the lawyer's certification has been individually recognized by the Indiana Supreme Court or CLE, or by an entity other than the ICO.

Rule 30 Section 6: (a) A lawyer who is certified under this rule may communicate the fact that the lawyer is certified by the ICO as a specialist in the area of law involved. The lawyer shall not represent, either expressly or impliedly, that the lawyer's certification has been individually recognized by the Indiana Supreme Court or CLE, or by an entity other than the ICO.

Indiana Rules of Court: Rules of Professional Conduct Rule 7.4(a) (2007); Indiana Rules for Admission to the Bar and Discipline of Attorneys Rule 30 Section 6(a) (2007)


Kentucky

A lawyer may communicate the fact that he or she has achieved a national certificate by an organization qualifying under Peel v. Attorney Registration and Disciplinary Commission of Illinois, 110 S.Ct. 2281 (1990), by clearly identifying the certification and the organization that has conferred the distinction, and such communication may occur only for so long as the lawyer remains so certified and in good standing with the organization.

Kentucky Rules of Professional Conduct SCR 3.130(7.40)(3) (2008)


Massachusetts

Lawyers who hold themselves out as "certified" in a particular service, field, or area of law must name the certifying organization and must state that the certifying organization is "a private organization, whose standards for certification are not regulated by the Commonwealth of Massachusetts," if that is the case, or, if the certifying organization is a governmental body, must name the governmental body.

See Massachusetts Rules of Professional Conduct Rule 7.4(b) (2007).


Minnesota

if the attorney is not certified as a specialist or if the certifying organization is not accredited by the Minnesota Board of Legal Certification, the communication shall clearly state that the attorney is not certified by any organization accredited by that Board, and in any advertising subject to Rule 7.2, this statement shall appear in the same sentence that communicates the certification.

Minnesota Rules of Professional Conduct Rule 7.4(d)(2) (2008)


Mississippi

Requires disclosure of the name of the certifying organization and the disclaimer:
"There is no procedure in Mississippi for approving certifying or designating organizations and authorities."

A lawyer may communicate the fact that he or she has been certified or designated in a field of law by a named organization or authority, but only if that certification or designation is granted by an organization or authority whose specialty certification or designation program is accredited by the American Bar Association. Notwithstanding the provisions of this Rule, a lawyer may communicate the fact that he is certified or designated in a particular field of law by a named, non-American Bar Association organization or authority, but must disclose such fact and further disclose that there is no procedure in Mississippi for approving certifying or designating organizations and authorities.

See Mississippi Rules of Professional Conduct Rule 7.6(a) (2007).


Missouri

a lawyer shall not state or imply that the lawyer is a specialist unless the communication contains a disclaimer that neither the Supreme Court of Missouri nor The Missouri Bar reviews or approves certifying organizations or specialist designations.

Missouri Rules of Professional Conduct Rule 4-7.4 (2008).


Nevada

A lawyer certified as a specialist under this Rule may advertise the certification during such time as the lawyer's certification and the state bar's approval of the certifying organization are both in effect. Advertising by a lawyer regarding the lawyer's certification under this Rule shall comply with Rules 7.1 and 7.2 and shall clearly identify the name of the certifying organization.

Nevada Rules of Professional Conduct Rule 7.4 (d)(5) (2008).


New Jersey

A lawyer may communicate that the lawyer has been certified as a specialist or certified in a field of practice only when the communication is not false or misleading, states the name of the certifying organization, and states that the certification has been granted by the Supreme Court of New Jersey or by an organization that has been approved by the American Bar Association. If the certification has been granted by an organization that has not been approved, or has been denied approval, by the Supreme Court of New Jersey or the American Bar Association, the absence or denial of such approval shall be clearly identified in each such communication by the lawyer.

New Jersey Rules of Professional Conduct RPC 7.4(d) (2007).


New Mexico

... the statement is accompanied by a prominent disclaimer that such certification does not constitute recognition by the New Mexico Board of Legal Specialization, unless the lawyer is also recognized by the board as a specialist in that area of law or the board does not recognize specialization in that area.

New Mexico Rules of Professional Conduct Rule 16-704(D) (2007).


New York

(c)(1) A lawyer who is certified as a specialist in a particular area of law or law practice by a private organization approved for that purpose by the American Bar Association may state the fact of certification if, in conjunction therewith, the certifying organization is identified and the following statement is prominently made:

    "The [name of the private certifying organization] is not affiliated with any governmental authority. Certification is not a requirement for the practice of law in the State of New York and does not necessarily indicate greater competence than other attorneys experienced in this field of law."

(2) A lawyer who is certified as a specialist in a particular area of law or law practice by the authority having jurisdiction over specialization under the laws of another state or territory may state the fact of certification if, in conjunction therewith, the certifying state or territory is identified and the following statement is prominently made:

    "Certification granted by the [identify state or territory] is not recognized by any governmental authority within the State of New York. Certification is not a requirement for the practice of law in the State of New York and does not necessarily indicate greater competence than other attorneys experienced in this field of law."

York Lawyer's Code of Professional Responsibility Rule DR 2-105(c) (2007).


North Dakota

Example of possible disclaimer:
"There is no procedure in the jurisdiction of North Dakota for approving certifying organizations."

a lawyer may communicate the fact that the lawyer has been certified as a specialist in a field of law by a named organization, provided that the communication clearly states the name of the certifying organization and that there is no procedure in this jurisdiction for approving certifying organizations. The communication need not contain such a statement if the named organization has been accredited by the American Bar Association or the lawyer has successfully completed a certification program sponsored by a state bar association.

North Dakota Rules of Professional Conduct Rule 7.4(c) (2007).


Oklahoma

a lawyer who is certified as a specialist in a particular field of law or law practice by the official licensing authority of another state in which the lawyer is licensed may communicate that fact, but only in accordance with all rules and requirements of such state's licensing authority, and provided that the lawyer also communicates that such certification is not recognized by the Supreme Court of the State of Oklahoma.

Oklahoma Rules of Professional Conduct Rule 7.4(4) (2008).


Rhode Island

(d) A lawyer shall not state or imply that a lawyer is certified as a specialist in a particular field of law, unless:

    (1) the lawyer has been certified as a specialist by an organization that has been approved by an appropriate state authority or that has been accredited by the American Bar Association;
    (2) the name of the certifying organization is clearly identified in the communication; and
    (3) the lawyer also includes, as part of the same communication, the disclaimer that:
    "The Rhode Island Supreme Court licenses all lawyers in the general practice of law. The court does not license or certify any lawyer as an expert or specialist in any particular field of practice."

Rhode Island Rules of Professional Conduct Rule 7.4(d) (2007).


South Dakota

A lawyer shall not state or imply that the lawyer is a specialist except as follows:

    (c) If a lawyer or firm practices in only certain fields and desires to advertise such limitations in the yellow pages of the telephone directory any such advertising must be accompanied by the following disclaimer appearing in a prominent and conspicuous manner in such advertising or on the same page as the advertising:
      (1) Such certification is granted by an organization which has been approved by the appropriate regulatory authority to grant such certification; or
      (2) Such certification is granted by an organization that has not yet been approved by, or has been denied the approval available from the appropriate regulatory authority, and the absence or denial of approval is clearly stated in the communication, and in any advertising subject to Rule 7.2, such statement appears in the same sentence that communicates the certification.

South Dakota Rules of Professional Conduct Rule 7.4(c) (2007).


Tennessee

Therefore lawyers listing areas of practice on the Internet, including law directories or other Web sites available to the general public should comply with the certification of specialization disclosure requirements of DR 2-101(C). The specific disclosure language of DR 2-101(C) may be included or, in the alternative compliance is assured if the initial screen for each lawyer includes the following precise explanation displayed in a prominent manner.

Certifications of Specialization are available to Tennessee lawyers in all areas of practice relating to or included in the areas of Civil Trial, Criminal Trial, Business Bankruptcy, Consumer Bankruptcy, Creditor's Rights, Medical Malpractice, Legal Malpractice, Accounting Malpractice, Elder Law, Estate Planning and Family Law. Listing of related or included practice areas herein does not constitute or imply a representation of certification of specialization.

Tennessee Formal Ethics Opinion 2001-F-144(b) (2001).

(d) A lawyer who has been certified as a specialist in a field of law by the Tennessee Commission on Continuing Legal Education and Specialization may state that the lawyer "is certified as a specialist in [field of law] by the Tennessee Commission on C.L.E. and Specialization." A lawyer so certified may also state that the lawyer is certified as a specialist in that field of law by an organization recognized or accredited by the Tennessee Commission on Continuing Legal Education and Specialization as complying with its requirements, provided the statement is made in the following format: "[Lawyer] is certified as a specialist in [field of law] by [organization]."

Tennessee Rules of Professional Conduct Rule 7.4(d) (2007)


Texas

A lawyer who advertises in the public media: (2) shall not include a statement that the lawyer has been certified or designated by an organization as possessing special competence or a statement that the lawyer is a member of an organization the name of which implies that its members possess special competence, except that:

    (ii) a lawyer who is a member of an organization the name of which implies that its members possess special competence, or who has been certified or designated by an organization as possessing special competence, may include a factually accurate statement of such membership or may include a factually accurate statement, "Certified [area of specialization] [name of certifying organization]," but such statements may be made only if that organization has been accredited by the Texas Board of Legal Specialization as a bona fide organization that admits to membership or grants certification only on the basis of objective, exacting, publicly available standards (including high standards of individual character, conduct, and reputation) that are reasonably relevant to the special training or special competence that is implied and that are in excess of the level of training and competence generally required for admission to the Bar.

Texas Disciplinary Rules of Professional Conduct Rule 7.04(b) (2008).


Utah

A lawyer shall not state or imply that a lawyer is certified as a specialist in a particular field of law, unless:

    (d)(1) the lawyer has been certified as a specialist by an organization that has been approved by an appropriate state authority or that has been accredited by the American Bar Association; and
    (d)(2) the name of the certifying organization is clearly identified in the communication.

Utah Rules of Professional Conduct Rule 7.4(d) (2008).


Vermont

(c) a lawyer may communicate the fact that the lawyer has been certified as a specialist in a field of law by a named organization, provided that the communication clearly states that there is no procedure in Vermont for approving certifying organizations. If, however, the named organization has been accredited by the American Bar Association to certify lawyers as specialists in a particular field of law, the communication need not contain such a statement.

Vermont Rules of Professional Conduct Rule 7.4(c) (2007).


Virginia

(c) A lawyer who has been certified by the Supreme Court of Virginia as a specialist in some capacity may use the designation of being so certified, e. g., "certified mediator" or a substantially similar designation;

(d) A lawyer may communicate the fact that the lawyer has been certified as a specialist in a field of law by a named organization, provided that the communication clearly states that there is no procedure in the Commonwealth of Virginia for approving certifying organizations.

Virginia Rules of Professional Conduct Rule 7.4(c) & (d) (2007).


Washington

(d) A lawyer shall not state or imply that a lawyer is a specialist in a particular field of law, except upon issuance of an identifying certificate, award, or recognition by a group, organization, or association, a lawyer may use the terms "certified", " specialist", "expert", or any other similar term to describe his or her qualifications as a lawyer or his or her qualifications in any subspecialty of the law. If the terms are used to identify any certificate, award, or recognition by any group, organization, or association, the reference must:

    (1) be truthful and verifiable and otherwise comply with Rule 7.1;
    (2) identify the certifying group, organization, or association; and
    (3) state that the Supreme Court of Washington does not recognize the certification of specialties in the practice of law and that the certificate, award, or recognition is not a requirement to practice law in the state of Washington.

Washington Rules of Professional Conduct Rule 7.4(d) (2007).


Wisconsin

A lawyer shall not state or imply that a lawyer is certified as a specialist in a particular field of law, unless:

    (1) the lawyer has been certified as a specialist by an organization that has been approved by an appropriate state authority or that has been accredited by the American Bar Association; and
    (2) the name of the certifying organization is clearly identified in the communication.

Wisconsin Rules of Professional Conduct for Attorneys SCR 20:7.4(d) (2007).


Wyoming

A lawyer shall not state or imply that the lawyer is certified as a specialist in a particular field of law, unless:

    (1) the lawyer has been certified as a specialist by an organization that has been approved by the Wyoming State Bar; and
    (2) the name of the certifying organization is clearly identified in the communication.

Wyoming Professional Conduct for Attorneys at Law Rule 7.4(d) (2007).

Contingency-Fee Arrangement Disclaimers:


Arizona

(d) Every advertisement (including advertisement by written solicitation) that contains information about the lawyer's fees shall be subject to the following requirements:

    (1) advertisements and written solicitations indicating that the charging of a fee is the client will be liable for expenses regardless of outcome unless the repayment of such is contingent upon the outcome of the matter and (B) whether the percentage fee will be computed before expenses are deducted from the recovery:

Arizona Rules of Professional Conduct Rule ER 7.2(d)(1) (2003)


California

(14) A "communication" which states or implies "no fee without recovery" unless such communication also expressly discloses whether or not the client will be liable for costs.

(d) A statement that a member offers representation on a contingent basis unless the statement also advises whether a client will be held responsible for any costs advanced by the member when no recovery is obtained on behalf of the client. If the client will not be held responsible for costs, no disclosure is required.

California Business and Professions Code Section 6157.2(d) (2008) and California Rules of Professional Conduct Rule 1-400(E)(14) (2007).


Colorado

(d) Any communication that states or implies the client does not have to pay a fee if there is no recovery shall also disclose that the client may be liable for costs. This provision does not apply to communications that only state that contingent or percentage fee arrangements are available, or that only state the initial consultation is free.

Update 2008: [7] Statements such as "no recovery, no fee" are misleading if they do not additionally mention that a client may be obligated to pay costs of the lawsuit. Any communication that states or implies the client does not have to pay a fee if there is no recovery shall also disclose that the client may be liable for costs.

Colorado Rules of Professional Conduct Rule 7.1 (d) (2008).


Connecticut

(f) Every advertisement and written communication that contains information about the lawyer's fee, including those indicating that the charging of a fee is contingent on outcome, or that no fee will be charged in the absence of a recovery, or that the fee will be a percentage of the recovery, shall disclose whether and to what extent the client will be responsible for any court costs and expenses of litigation. The disclosure concerning court costs and expenses of litigation shall be in the same print size and type as the information regarding the lawyer's fee and, if broadcast, shall appear for the same duration as the information regarding the lawyer's fee. If the information regarding the fee is spoken, the disclosure concerning court costs and expenses of litigation shall also be spoken.

Connecticut Rules of Professional Conduct Rule 7.2 (f) (2007).


Florida

Every advertisement and unsolicited written communication that contains information about the lawyer's fee, including those that indicate no fee will be charged in the absence of a recovery, shall disclose whether the client will be liable for any expenses in addition to the fee.

Rules Regulating The Florida Bar Rule 4-7.2 (c)(7) (2008).


Georgia

(5) contains any information regarding contingent fees, and fails to conspicuously present the following disclaimer:

    "Contingent attorneys' fees refers only to those fees charged by attorneys for their legal services. Such fees are not permitted in all types of cases. Court costs and other additional expenses of legal action usually must be paid by the client."

(6) contains the language "no fee unless you win or collect" or any similar phrase and fails to conspicuously present the following disclaimer:

    "No fee unless you win or collect" (or insert the similar language used in the communication) refers only to fees charged by the attorney. Court costs and other additional expenses of legal action usually must be paid by the client. Contingent fees are not permitted in all types of cases.

Georgia Rules of Professional Conduct Rule 7.1(a)(5) & (6) (2007).


Indiana

The following constitute examples of permissible areas in which a lawyer may advertise: (19)(C) contingent fee rates provided that the statement discloses whether percentages are computed before or after deduction of costs.

Indiana Rules of Court: Rules of Professional Conduct Rule 7.2(b) (2007).


Iowa

Fee information may be communicated to the public in the manner permitted by this rule, provided it is presented in a dignified style. (iii) contingent fee rates, subject to rule 32:1.5(c) and (d), provided that the statement discloses whether percentages are computed before or after deduction of costs and advises the public that, in the event of an adverse verdict or decision, the contingent fee litigant could be liable for court costs, expenses of investigation, expenses of medical examinations, and costs of obtaining and presenting evidence.

Iowa Code of Professional Responsibility for Lawyers Rule 32:7.2: (h)(1) (2002).


Kentucky

If the client is required to pay court costs and/or case expenses in addition to the attorney's fee, the advertisement shall state in all capital letters, "COURT COSTS AND CASE EXPENSES WILL BE THE RESPONSIBILITY OF THE CLIENT."

Kentucky Rules of Professional Conduct SCR 3.130(7.04) (2006).

Contingent fee rates provided that the statement discloses whether percentages are computed before or after deduction of court costs and case expenses;

Kentucky Rules of Professional Conduct SCR 3.130(7.05)(22) (2006).


Louisiana

Communications that state or indicate that no fee will be charged in the absence of recovery shall disclose that the client will be liable for certain expenses in addition to the fee, if such is the case

Louisiana Rules of Professional Conduct Rule 7.1 (a)(viii) (2008).


Maryland

An advertisement or communication indicating that no fee will be charged in the absence of a recovery shall also disclose whether the client will be liable for any expenses.

Maryland Lawyers' Rules of Professional Conduct Rule 7.2(e) (2003).8


Missouri

A communication is misleading if it: (k) states that legal services are available on a contingent or no-recovery-no-fee basis without stating conspicuously that the client may be responsible for costs or expenses, if that is the case.

Missouri Rules of Professional Conduct Rule 4-7.1(k) (2008).


Nevada

"You may have to pay the opposing party's attorney fees and costs in the event of a loss."

Nevada Rules of Professional Conduct Rule 7.2(e) (2008).


New Mexico

Lawyer advertisements or solicitations may contain information about fees for services as follows:

(3) contingent fee rates, or a statement to the effect that the charging of a fee is contingent on outcome or that the fee will be a percentage of recovery, provided that the statement discloses (a) whether percentages are computed before or after deduction of costs, and (b) specifically states that the client will bear the expenses incurred in the client's case regardless of outcome

New Mexico Rules of Professional Conduct Rule 16-702(E)(3) (2007).


Pennsylvania

Advertisements that state or indicate that no fee shall be charged in the absence of recovery shall disclose that the client will be liable for certain expenses in addition to the fee, if such is the case.

Pennsylvania Rules of Professional Conduct Rule 7.2(h)(1) (2008).


Rhode Island

Lawyer advertising or written communications which indicate that no fee will be charged if no recovery, shall also state conspicuously if the client will be responsible for costs or expenses regardless of outcome.

Rhode Island Rules of Professional Conduct Rule 7.2(e) (2007).

South Carolina

Every advertisement that contains information about the lawyer's fee shall disclose whether the client will be liable for any expenses in addition to the fee and, if the fee will be a percentage of the recovery, whether the percentage will be computed before deducting the expenses.

South Carolina Rules of Professional Conduct Rule 7.2(g) (2005).


South Dakota

Advertisements permitted under this Rule 7.2 may contain information about fees for services as follows:

(iii) that the charging of a fee is contingent on outcome or that the fee will be a percentage of the recovery, provided that the advertisement conspicuously discloses whether percentages are computed before or after deduction of costs, and only if it specifically and conspicuously states that the client will bear the expenses incurred in the client's representation, regardless of outcome, except as permitted by Rule 1.8(e).

South Dakota Rules of Professional Conduct Rule 7.2(g) (2007).


Texas

If an advertisement in the public media by a lawyer or firm discloses the willingness or potential willingness of the lawyer or firm to render services on a contingent fee basis, the advertisement must state whether the client will be obligated to pay all or any portion of the court costs and, if a client may be liable for other expenses, this fact must be disclosed. If specific percentage fees or fee ranges of contingent fee work are disclosed in such advertisement, it must also disclose whether the percentage is computed before or after expenses are deducted from the recovery.

Texas Disciplinary Rules of Professional Conduct Rule 7.04(h) (2008).

Client Testimonials and Comparisons Between the Services of Attorneys Disclaimers/Disclosures


New Jersey

"No aspect of this advertisement has been approved by the Supreme Court of New Jersey."

(a) A lawyer shall not make false or misleading communications about the lawyer, the lawyer's services, or any matter in which the lawyer has or seeks a professional involvement. A communication is false or misleading if it:

    (3) compares the lawyer's services with other lawyers' services, unless (i) the name of the comparing organization is stated, (ii) the basis for the comparison can be substantiated, and (iii) the communication includes the following disclaimer in a readily discernable manner: "No aspect of this advertisement has been approved by the Supreme Court of New Jersey"

New Jersey Code of Professional Conduct Rule RPC 7.1(a)(3) (2009).


New York

"Prior results do not guarantee a similar outcome."

New York State Bar Ass'n Professional Ethics Comm., Op. 834, (12/15/09).

(d) An advertisement that complies with paragraph (e) may contain the following:

    (3) testimonials or endorsements of clients, where not prohibited by paragraph (c)(1), and of former clients
(e) It is permissible to provide the information set forth in paragraph (d) provided:
    (3) it is accompanied by the following disclaimer: "Prior results do not guarantee a similar outcome."

New York Rules of Professional Conduct Rules 7.1(d)(3) and (e)(3) (2009).

Practice-Area Specific Disclaimers


Bankruptcy

"We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code."

11 USCA 528(a)(4) -- note this USCA section has been ruled unconstitutional by 2 court cases:
In re Reyes, 361 B.R. 276 (Bankr.S.D.Fla. Jan 17, 2007)
Milavetz, Gallop & Milavetz P.A. v. U.S., 355 B.R. 758 (D.Minn. Dec 07, 2006)


Immigration Law (in California)

(a) All advertisements published, distributed, or broadcasted by or on behalf of a member seeking professional employment for the member in providing services relating to immigration or naturalization shall include a statement that he or she is an active member of the State Bar, licensed to practice law in this state. If the advertisement seeks employment for a law firm or law corporation employing more than one attorney, the advertisement shall include a statement that all the services relating to immigration and naturalization provided by the firm or corporation shall be provided by an active member of the State Bar or by a person under the supervision of an active member of the State Bar.

California Business and Professions Code Section 6157.5(a) (2008).


Tax Advice

To ensure compliance with requirements imposed by the IRS in Circular 230, we inform you that, unless expressly stated otherwise in this communication (including attachments), any tax advice contained in this communication is not intended or written to be used, and cannot be used, for the purpose of:

    (i) avoiding penalties under the Internal Revenue Code or
    (ii) promoting, marketing or recommending to another party any transaction or other matter addressed herein.

IRS Circular 230