More Restrictions on Lawyer Advertising

Another recent article in the ABA Journal E-report discusses a December 2005 Ohio Supreme Court Board of Commissioners on Grievances and Discipline ruled that offering coupons for free or discounted legal services was a violation of the Ohio Code of Professional Conduct.  You can link to the opinion here.

The opinion notes that in Ohio, advertising fees as 'discount' or 'special' is expressly prohibited.  However, a lawyer is permitted to advertise fees for an initial consultation, and may indicate that an initial consultation is free.

According to the opinion, bar associations in Connecticut, Alabama, Michigan and South Carolina have ruled that coupons are permissible. For those in my neck of the woods, the opinion also indicates that Nassau County issued an opinion in 1983 stating that such coupons in advertisements are improper.  However,a quick review of Nassau County opinions reveals that according to the New York State Bar and the Nassau County Bar (see Nassau Bar Ethics Opinions and New York State Bar Ethics Opinions) there may be specific circumstances under which coupons are permissible. 

What all of this confusion reveals is that, whether you write your own marketing materials or have someone else write them for you, it is imperative that you are familiar with your state's professional responsibility and ethics rules.  And if you're marketing materials are being distributed in more than one state, make sure that they're permisslbe in each location where you practice.

If you're interested in finding your state's rules, you can look here.