ADVERTISING

Maine Rules of Professional Conduct

Rule: 7.2

Jurisdiction: ME

Bluebook Citation: Me. R. Prof. Conduct 7.2

(a) Subject to the requirements of Rules 7.1 and 7.3, a lawyer may through written, recorded or electronic advertise services communication, including public media. (b) A lawyer shall not give anything of value to a person for recommending the lawyer’s services except that a lawyer may (1) pay the reasonable costs of advertisements or communications permitted by this Rule; (2) pay the usual charges of a legal service plan or a not-for-profit or qualified lawyer referral service. A qualified lawyer referral service is a lawyer referral service operated, sponsored or approved by a bar association or bar regulatory organization; (3) pay for a law practice in accordance with Rule 1.17; and (4) refer clients to another lawyer or a nonlawyer professional pursuant to an agreement not otherwise prohibited under these Rules that provides for the other person to refer clients or customers to the lawyer, if (i) the reciprocal referral agreement is not exclusive, and (ii) the client is informed of the existence and nature of the agreement. 41 (c) Any communication made pursuant to this rule shall include the name and office address of at least one lawyer or law firm responsible for its content. RULE 7.2-A ASPIRATIONAL GOALS FOR LAWYER ADVERTISING These aspirational goals are intended to provide suggested objectives that all lawyers who engage in advertising their services should be encouraged to achieve in order that lawyer advertising may be more effective and reflect the professionalism of the legal community. (a) A lawyer should ensure that any advertising that the lawyer communicates or causes to be communicated by publication, broadcast, or other media is informative to potential clients, is presented in an understandable and dignified fashion, and accurately portrays the serious purpose of legal services and our judicial system. When advertising, false or misleading, degenerates into undignified and unprofessional presentations, the public is not served, the reputation of the lawyer who advertises may suffer, and the public’s confidence in the legal profession and the judicial system may be harmed. Lawyers who advertise should recognize their obligation to advance the public’s confidence in the legal profession and our system of justice. In furtherance of these goals, lawyers who advertise should: though not (1) (2) (3) avoid statements, claims, or comparisons that cannot be objectively substantiated; avoid representations that demean opposing parties, opposing lawyers, the judiciary, or others involved in the legal process; avoid crass representations or dramatizations, hawkish spokespersons, slapstick routines, outlandish settings, unduly dramatic music, sensational sound effects, and unseemly slogans that undermine the serious purpose of legal services and the judicial system; 42 (4) (5) (6) (7) that suggest avoid representations promises of results or will create unjustified expectations such as “guaranteed results” or “we get top dollar awards”; to potential clients clearly identify the use of professional actors or other spokespersons who may not be providing the legal services advertised unless it is readily apparent from the context of the advertisement that the actor or spokesperson does not provide the advertised legal services (e.g., a radio advertisement in which the speaker does not purport to be the lawyer or a member of the firm); avoid the use of simulated scenes, actors who portray lawyers, clients or participants system, and dramatizations unless they are clearly identified as such; judicial the in avoid representations that suggest that the ingenuity or prior record of a lawyer, rather than the merits of the claim, are the principal factors likely to determine the outcome of the representation; and (8) avoid representations designed to appeal to greed, exploit the fears of potential clients, or promote a suggestion of violence. (b) The responsibilities set forth in this Rule are aspirational and not to be enforced through disciplinary process.

Chat with this court rule using AI

Ask CiteLaw's AI Navigator anything about this court rule, verify citations, and research related authorities. Sign up for CiteLaw free today to get started.