Notes on the Ethics of Marketing

There are many rules of professional conduct that guide and govern law firm marketing activities. These rules differ from state to state. All articles on marketing subjects contained in the ALA Management Encyclopedia^SM IL: ALA, 2002 provide general guidelines and suggestions for marketing activities. However, it is the responsibility of the reader to ensure that their marketing activities comply with all applicable laws and bar rules.

Readers are reminded to complete full diligence on every marketing program developed by or for your firm to ensure compliance with the American Bar Association’s Model Rules of Professional Conduct and all state and local bar rules governing the ethics of marketing, advertising and public relations.

In her treatise on marketing, Sally Schmidt cautions law firm administrators, lawyers with management responsibilities and marketing managers to:

• Design and implement marketing activities to be certain they conform to acceptable standards;
• Organize an internal review process for all external marketing activities;
• Obtain a current copy of the state rules of professional conduct, including the state rules for any out-of-state office or marketing campaign targeting clients in another state, even if people in that state are only potential recipients of firm mailings or solicitations;
• Appoint a lawyer or ethics professional to render an internal opinion concerning any marketing activity’s compliance with ethical standards. This opinion should be addressed to the lawyer with ultimate responsibility for the marketing area; and
• If in doubt, submit any questionable marketing activity to the state bar association for review and a written ethics opinion.