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Maryland Ethics Opinion Concerning Propriety of Use Of Internet To Promote Law Firm[The following is the verbatim text of a recent Maryland Ethics Opinion.] "You ask whether you may use an Internet web page to advertise your services and, if so, what Rules of Professional Conduct ("the Rules") apply to your web page. It is the Committee’s understanding that you are merely listing your web page on the Internet for access by prospective clients and that you are not sending the web page to anyone who has not sought it out. This latter activity is not being considered in this opinion. Also, you have not asked about sending e-mail on the Internet or postings to newsgroups or listservs. These activities are also not being addressed in this opinion. The Committee’s opinion is that a web page constitutes advertising under Rule 7.2(a) as it is plainly a communication "not involving in person contact." Therefore, the Rules allow such advertising. We refer you to Rules 7.1, 7.2(b),(d),(e) 7.4. See also Iowa State Ethics Formal Opinions 95-21 and 96-1; Pennsylvania State Ethics Opinion 96-17(1996); South Carolina Opinion 94-27 and Tennessee Ethics Opinion 95-A-570 (1995) all of which hold that the Rules apply to web pages. "Such advertising creates another potential problem under the Rules. Rule 5.5(a) prohibits you from practicing law in a jurisdiction where you are not licensed to practice. Rule 7.1 prohibits the making of misleading communications about one’s services. Because your web page may be accessed by persons outside Maryland, you need to be very careful to make sure that your web page makes clear the state in which you are licensed to practice. "With regard to the content of the proposed web page you submitted, please be advised that the Committee does not review such materials and does not render opinions as to the proposed content of advertising. "Please also be advised that this Committee does not render opinions regarding the application of the ethics rules of other states which may or may not apply to interstate advertising. We refer you to Maryland Rule 8.5(b). See also Iowa Formal Opinion 96.1." |
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