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...