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NEED A LAWYER? Lawyer Advertising: From Networking to Hashtag Law BY SHEILA VAN DUYNE, ESQ. Many years ago, there were two groups of lawyers: Then there were the bad ideas - buying hose who advertised and those who refused to do an entire room at the local watering hole drinks on the firm credit card, setting up a so because they believed it was, for want of a better covert working relationship with a treating word, tacky. In 1977, the U.S. Supreme Court held that it was medical person, and whatever on earth unconstitutional to prohibit attorney advertising in Bates v. State happened in Las Vegas involvin as Vegas involving construction defect cases. Bar of Arizona, 433 U.S. 350, 381-382 (1977). Prior to advertising Lawyer marketing and lawyer being accepted as a viable and respectable option, back in the vertising has greatly changed over the days of practicing law by way of a telephone, Dictaphone, and years. Prior to the Google Hit sales pitch, inter-office routing envelopes, we came up with some old- companies pushed case referral plans that sounded great but never delivered. Now mos school marketing efforts. firms make a half-hearted effort effort to blog or post legal news on Facebook, but there are some that go all-out with internet advertising, I remember one meeting when my law firm was feeling an economic pinch. social media, cool websites, blogs, Facebook All of us lawyers sat around the big table in the "war room" spit-balling ideas how best to bring in new cases. We spent a lot of time discussing whether we should pages, and client texts. September 2022 . Nevada Lawyer attend church and become more involved in our local communities. We felt that our As a former member of the State Bar weekends should be spent bringing up estate planning or mentioning our latest legal of Nevada's Lawyer Advertising Advisory in at a Kiwanis meeting. , it sometimes see Other marketing techniques included an annual all-male fishing trip with the o apply the advertising rules to everything clients, which always seemed incredibly unfair, or constant business lunches. I out there. There has been an explosion of emember one attorney who went to lunch with his client and returned carrying six internet advertising. There are some who big file folders looking like God's gift to the firm. see internet advertising as being next to impossible to control. Some also feel it is 14 unfair to hamper lawyers when the rest guidelines. In Nevada, the applicable though it should be, and many lawyers of the world can communicate more statutory provisions are set forth in Rules of simply do not realize they are supposed to h potential clients. For a m Professional Conduct Rules 7.1 through 7.5, submit their ads, billboard, articles, and thorough discussion of these issues and the statute of limitations is set forth in mailings to the committee and/or forget article "Rethinking Lawyer Supreme Court Rule 106. There is a four to do so. Other lawyers, upon seeing an Advertising Rules" by Mark L. Tuft. It year period that applies to advertisement uncompliant ad, can also send that in, to can be found at www.cwclaw.com/article/ review, which runs from the date the the attention of the committee. Anything rethinking-lawyer-advertising-rules/. advertisement or communication was known we send out to the public can wind up It is difficult to police internet ads counsel. This is a fairly stretchable he and is based before the Lawyer Advertising Advisory primarily because they are transient statute of limitations and is based upon Committee for review by your peers and They pop up or are driven by clicks. the premise that we all need to submit our potential referral to the state bar's Office of We continue to focus our review of advertising to the state bar within 15 days of Bar Counsel for action. advertising on print ads, mailings, disseminating it under the RPC provisions. The committee makes commercials, billboards, and other The Rules of Professional Conduct ecommendations to the Office of Bar similar media. This does not mean that sections set forth basic common- Counsel, which then addresses the matter the guidelines and rules do not apply sense provisions regarding advertising with the lawyer submitting the advertising to the internet. Rather it just means requirements and explain the application Most advertisers are happy to make the that lawyers are often on their own review process. The state bar has dedicated necessary changes or additions to their ads to self-police and apply the rules to a committee of volunteer attorneys to after receiving a call from bar counsel. their advertising, wherever it is. The do the initial review of the submitted The purpose of this committee is no general ethical considerations set forth advertisements on a monthly basis to judge taste or decide what may or may in the rules and guidelines should and to meet ad hoc to review any pre- not be effective advertising. There are extend to what we put onto the internet. dissemination ads. many lawyers out there and many Enforcement is a possibility - just a little Typically, the committee receives types of ads. Some are funny. Some are less likely at this time, given the amount somewhere from 20-40 ads to review each awful. Some are good and some are bad of internet advertising. month. Tombstone ads are not required The committee just wants to make sure The first thing an attorney considering to be submitted. Websites with basic that the ads comply with the rules. dvertising should do is to review the firm information are not submitted. Most The main focus of the rules here in American Bar Association and the state internet advertising is not submitted, Nevada, and throughout the nation as CONTINUED ON PAGE 17 EXPERIENCE YOU NEED RESULTS YOU WANT September 2022 . Nevada Lawyer ARM OFFERING IN-PERSON & VIRTUAL ADR WWW.ARMADR.COM 855.777.4ARM 15 CONTINUED FROM PAGE 15 Lawyer Advertising: must reflect the amount that went to the clients. Similarly, if a lawyer had an amazing jury verdict, it must not have From Networking to Hashtag Law been overturned later. If the ad discusses contingency-fee arrangements, then well, is how attorneys include language a lawyer needs to warn that a client etc. Additionally, announcements about related to their fees, how lawyers imply may wind up being responsible for the change of address and a if they lose. "No or predict success, how lawyers may prior approved ads also are exempt. These payment unless you win" is misleading improperly use or rely upon actors to are obviously easy to begin with for a new a representation included. portray themselves or their clients, r seeking name recognition. When filing a n n goal is to prohibit legal whether lawyers include incorrect advertising that is considered false or or incomplete legal disclaimers, and approved advertisement keep in mind whether there has been an offering We are all officers of the court. the following: All disclaimers need to to pay for reviews or referrals. We are not supposed to misrepresent our be visible and appropriately sized. Can ons, our abilities, or our success Lawyers must not claim a specialty or you see it or hear it? Is it typed in such a rate, even if we are short on work. The expertise unless they possess such. The small font that you cannot read it? Then end does not justify the means in attorney overarching goal is for lawyers not to it will not be compliant. There must mislead their clients in any way advertising. The committee does condone also be no bait and switch. If there is an "mere puffery," but if it sounds like a In Nevada we look to RPCs 7.1 implication that a non-Nevada attorney representation of 7.2, 7.3, 7.4, and 7.5. For lawyers will work on a case, this is inherently appropriate disclaimers advertising for the first time, it helps to misleading. If an ad features a room full or back up our claims. sign on to the state bar's website - www. of attorneys who are just actors, this is nvbar.org - and locate the advertising inherently misleading. Disclaimers would resources, which include a summary of be needed. interpretive guidelines as well as the Anything that is seen to guarantee a SHEILA VAN DUYNE filing forms you need to complete with result is also scrutinized: Representations basic instructions. Applications as to what to expect - size of a verdict, Nevada and California for new ads should be submitted within guilt or innocence, consistently stellar e than 30 15 days of dissemination of the ad. years and is the There is a $100 review fee. There is also results, a qualified 100 percent success rate , must have a disclaimer: "PAST owner of Van Duyne an option to obtain pre-dissemination RESULTS DO NOT GUARANTEE Law Group, a small firm focusing review for a $250 fee. WARRANT OR PREDICT FUTRE on community association law, Some types of ads are exempt CASES." on, and estate planning . from this process: As mentioned above, as a member of these include the "top If a representation includes the the Lawyer ertising Advisory ude the "tombstone ad," which millions of dollars won by the lawyer, Committee for the past decade information about a then this number must be able to and recently served as the lawyer: name, address, phone number, withstand review. The number should memberships not be the gross amount, but instead ommittee chair