August 1, 2006 March 1, 2016
RULE 7.2 ADVERTISING
1 (a) Subject to the requirements of Rule 7.1 and 7.3, a lawyer may market and advertise legal
2 services through media, including published and on-line directories; newspapers, newsletters
3 and other periodicals; outdoor advertising; electronic advertising, including radio, television,
4 video and the Internet; and through text-based written and electronic communications
including written correspondence and e-mail.
(b) A copy or recording of an advertisement or communication must be kept for two years
after its last dissemination along with a record of when and where it was used. For written
correspondence and e-mail, a lawyer shall retain for two years from the date of sending a list
of addressees. When a lawyer uses recorded voice communications and transmits a
communication by telephone call, the lawyer shall retain for two years from the date of the
call a record of any telephone number called.
(c)(b) Any communication made pursuant to this Rule must include the name and office
13 address of at least one lawyer or law firm responsible for its contents.
(d)(c) A lawyer shall not give anything of value to a person for recommending the lawyer's
15 services, except that a lawyer may
16 (1) pay the reasonable costs of advertisements or communications permitted by this Rule;
17 (2) pay the usual charges of a not-for-profit lawyer referral service or legal service
18 organization; and
19 (3) pay for a law practice in accordance with Rule 1.17.
21  To assist the public in learning about and obtaining legal services, lawyers should be
22 allowed to provide information about their services through various forms of marketing and
23 advertising. The public's need to gain information about legal services can be fulfilled in part
24 through marketing and advertising methods. These methods engage traditional media such
25 as the Yellow Pages, newspapers and television, as well as
emerging electronic technologies
such as on-line directories, web sites, and e-mail. Although information about legal services
27 can benefit all types of clients, the need for information is particularly acute among clients
28 who may be unfamiliar with legal services. While the need for information justifies the use
29 of advertising, it, at the same time, increases the risk of misleading or overreaching
31  Television is now one of the most powerful media for getting information to the public;
32 prohibiting television advertising, therefore, would impede the flow of information about
33 legal services to many sectors of the public. Limiting the information that may be advertised
34 has a similar effect and assumes that the bar can accurately forecast the kind of information
35 that the public would regard as relevant. Similarly, electronic media, such as the Internet, can
36 be an important source of information about legal services, and lawful communication by
37 electronic mail is permitted by this Rule. But see Rule 7.3(a) for the prohibition against the
38 solicitation of
a prospective client anyone known to be in need of legal services in a
39 particular matter through a real-time electronic exchange that is not initiated by the
prospective client person.
41  Neither this Rule nor Rule 7.3 prohibits communications authorized by law, such as
42 notice to members of a class in class action litigation.
43 Record of Advertising
 Paragraph (b) requires that a record of the content and use of advertising be kept in order
to facilitate enforcement of this Rule. It does not require that advertising be subject to review
prior to dissemination.
47 Paying Others to Recommend a Lawyer
 A lawyer is allowed to pay for advertising permitted by this Rule and for the purchase
49 of a law practice in accordance with the provisions of Rule 1.17, but otherwise is not
50 permitted to pay another person for recommending the lawyer's services or for channeling
51 professional work in a manner trhat violates Rule 7.3, A communication contains a
52 recommendation if it endorses or vouches for a lawyer's credentials, abilities, competence,
53 character, or other professional qualities. Moreover, a lawyer may pay others for generating
54 client leads, such as Internet-based client leads, as long as the lead generator does not
55 recommend the lawyer, any payment to the lead generator is consistent with Rules 1.5(e)
56 (division of fees) and 5.4 (professional independence of the lawyer), and the lead generator's
57 communications are consistent with Rule 7.1 (communications concerning a lawyer's
58 services). To comply with Rule 7.1, a lawyer must not pay a lead generator that states,
59 implies, or creates a reasonable impression that it is recommending the lawyer, is making the
60 referral without payment from the lawyer, or has analyzed a person's legal problems when
61 determining which lawyer should receive the referral. This restriction does not prevent an
62 organization or person other than the lawyer from advertising or recommending the lawyer's
63 services. Thus, a legal aid agency or prepaid legal services plan may pay to advertise legal
64 services provided under its auspices. Likewise, a lawyer may participate in not-for-profit
65 lawyer referral programs and pay the usual fees charged by such programs. Paragraph (c)
66 does not prohibit paying regular compensation to an assistant, such as a secretary, to prepare
67 communications permitted by this Rule.
68 Rule 7.2 amended effective 03/01/97, 03/01/04, 08/01/06, 03/01/16.
69 Reference: Minutes of Joint Committee on Attorney Standards on 06/08/99, 09/16/99,
70 11/19/99, 03/23/00, 06/13/00, 09/15/00, 11/17/00, 06/11/02, 09/12/02, 11/15/02,
71 06/24/03, 06/10/14, 09/12/14.