111915 RIEO, ETH 2015-03

Case DateNovember 19, 2015
CourtRhode Island
ETH 2015-03
Ethics Advisory Panel Op. 2015-03
Rhode Island Ethics Opinion
Rhode Island Supreme Court
November 19, 2015
          FINAL          FACTS          The inquiring attorney has maintained a personal injury practice for about fifteen years and wants to expand his/her law practice by initiating an advertising and marketing campaign. He/she has engaged an advertising agency to create a competitive marketing campaign that will consist of internet, print, television, radio and billboard advertising. The inquiring attorney states that in order to be effective, a marketing campaign must be short, simple, and memorable. The agency has developed a marketing campaign that is premised on a short and simple rhyming slogan with the inquiring attorney’s last name. The slogan is “Win with [inquiring attorney’s last name].” Use of the slogan would be accompanied by a disclaimer, such as “Prior results do not guarantee similar outcome.” In addition, the inquiring attorney states that his/her contingent fee agreement would include similar disclaimer language which would be separately initialed by the client. The inquiring attorney also proposes a variation, “When you want to win, call [inquiring attorney’s last name].”          The inquiring attorney desires to use the rhyming slogans as part of his/her marketing campaign, but before doing so seeks the Panel’s opinion.          ISSUE PRESENTED          The inquiring attorney asks whether use of the rhyming slogans “Win with [inquiring attorney’s last name]” and a variation, “When you want to win, call [inquiring attorney’s last name],” constitute false or misleading communications prohibited by the Rules of Professional Conduct.          OPINION          The proposed slogans are permissible under Rule 7.1 as they are neither false nor misleading.          REASONING          The fundamental rule that governs lawyer advertising is Rule 7.1, which prohibits false or misleading communication about a lawyer or a lawyer’s services. The question to be resolved in this inquiry is whether the proposed rhyming slogans, “Win with [inquiring attorney’s last name]” and the variation, mislead the...

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