1-6
7-12
13-18
19-24
25-30
31-36
37-42
43-48
49-54
55-60
61-66
67-72
73-78
79-84
85-90
91-96
97-102
103-108
109-114
115-120
121-126
127-132
133-138
139
1-6
7-12
13-18
19-24
25-30
31-36
37-42
43-48
49-54
55-60
61-66
67-72
73-78
79-84
85-90
91-96
97-102
103-108
109-114
115-120
121-126
127-132
133-138
139
PROPOSED RULE 6.2
ACCEPTING COURT APPOINTMENTS
cause, such as:
Conduct or other law;
lawyer; or
the client or the cause is so repugnant to the lawyer as to be likely to impair the
client-lawyer relationship or the lawyer's ability to represent the client.
[1] A lawyer ordinarily is not obliged to accept a client whose character or cause the lawyer
regards as repugnant. The lawyer's freedom to select clients is, however, qualified. All lawyers
have a responsibility to assist in providing pro bono publicoservice. See Rule 6.1. An individual
lawyer fulfills this responsibility by accepting a fair share of unpopular matters or indigent or
unpopular clients. A lawyer may also be subject to appointment by a court to serve unpopular
clients or persons unable to afford legal services.
[2] For good cause a lawyer may seek to decline an appointment to represent a person who
cannot afford to retain counsel or whose cause is unpopular. Good cause exists if the lawyer could
not handle the matter competently, see Rule 1.1, or if undertaking the representation would result in
an improper conflict of interest, for example, when the client or the cause is so repugnant to the
lawyer as to be likely to impair the client-lawyer relationship or the lawyer's ability to represent the
client. A lawyer may also seek to decline an appointment if acceptance would be unreasonably
burdensome, for example, when it would impose a financial sacrifice so great as to be unjust.
[3] An appointed lawyer has the same obligations to the client as retained counsel, including
the obligations of loyalty and confidentiality, and is subject to the same limitations on the
client-lawyer relationship, such as the obligation to refrain from assisting the client in violation of
the Rules.
See Rule 1.0(m)
“Unreasonable”See Rule 1.0(i)
PROPOSED RULE 6.3
MEMBERSHIP IN LEGAL SERVICES ORGANIZATION
law firm in which the lawyer practices, notwithstanding that the organization serves persons having
interests adverse to a client of the lawyer. The lawyer shall not knowingly participate in a decision
or action of the organization:
obligations to a client under Rule 1.7; or
representation of a client of the organization whose interests are adverse to a client
lawyer.
[1] Lawyers should be encouraged to support and participate in legal service organizations.
A lawyer who is an officer or a member of such an organization does not thereby have a
client-lawyer relationship with persons served by the organization. However, there is potential
conflict between the interests of such persons and the interests of the lawyer's clients. If the
possibility of such conflict disqualified a lawyer from serving on the board of a legal services
organization, the profession's involvement in such organizations would be severely curtailed.
[2] It may be necessary in appropriate cases to reassure a client of the organization that the
representation will not be affected by conflicting loyalties of a member of the board. Established,
written policies in this respect can enhance the credibility of such assurances.
See Rule 1.0(f)
“Law Firm”See Rule 1.0(d)
“Material”See Rule 1.0(g)
PROPOSED RULE 6.4
LAW REFORM ACTIVITIES AFFECTING CLIENT INTERESTS
or its administration notwithstanding that the reform may affect the interests of a client of the
lawyer. When the lawyer knows that the interests of a client may be materially benefitted by a
decision in which the lawyer participates, the lawyer shall disclose that fact but need not identify the
client.
COMMENT
Lawyers involved in organizations seeking law reform generally do not have a client-lawyer
relationship with the organization. Otherwise, it might follow that a lawyer could not be involved in
a bar association law reform program that might indirectly affect a client. See also Rule 1.2(B). For
example, a lawyer specializing in antitrust litigation might be regarded as disqualified from
participating in drafting revisions of rules governing that subject. In determining the nature and
scope of participation in such activities, a lawyer should be mindful of obligations to clients under
other Rules, particularly Rule 1.7. A lawyer is professionally obligated to protect the integrity of the
program by making an appropriate disclosure within the organization when the lawyer knows a
private client might be materially benefitted.
See Rule 1.0(f)
“Materially”See Rule 1.0(g)
CHAPTER 7
INFORMATION ABOUT LEGAL SERVICES
PROPOSED RULE 7.1
COMMUNICATIONS CONCERNING A LAWYER’S SERVICES
services, the lawyer’s charges for fees or costs, or the law as relates to the services the lawyer will
provide. A communication is false or misleading if it:
the statement considered as a whole not materially misleading; or
states or implies that the lawyer can achieve results by means that violate the Rules of
Professional Conduct or other law; or
comparison can be factually substantiated.
[1] This Rule governs all communications about a lawyer's services, including advertising
permitted by Rule 7.2 and solicitations directed to specific recipients permitted by Rule 7.3.
Whatever means are used to make known a lawyer's services, statements about them should be
truthful. The prohibition in paragraph (b) of statements that may create an "unjustified expectation"
would ordinarily preclude advertisements about results obtained on behalf of a client, such as the
amount of a damage award or the lawyer's record in obtaining favorable verdicts, and advertisements
containing client endorsements. Such information may create the unjustified expectation that similar
results can be obtained for others without reference to the specific factual and legal circumstances.
“Material” and “Materially”See Rule 1.0(g)
“Reasonable”See Rule 1.0(i)
ADVERTISING AND OTHER COMMUNICATIONS NOT DIRECTED TO
SPECIFICALLY IDENTIFIED RECIPIENTS
lawyer may advertise professional services or seek referrals through public media, such as a
telephone directory, legal directory, newspaper or other periodical, outdoor advertising, radio or
television, world wide web site, or other forms of communication not directed to specifically
identified recipients.
communication not directed to a specifically identified recipient, the lawyer shall file a copy of the
advertisement or communication with the Board of Professional Responsibility, provided, however,
that such filing is not required for any communication that only includes the name, address and
profession of the lawyer or has been exempted from the filing requirement by the Board of
Professional Responsibility.
displayed more than once or distributed to more than one person, the lawyer may
comply with this requirement by filing a single copy of the communication.
material respect, notice of the changes shall be filed with the Board within three days after
its publication, distribution, or dispatch.
lawyer's services except that a lawyer may:
Rule, Rule 7.3 or 7.5;
organization in return for which the lawyer will be given publicity as a lawyer;
subject to this Rule or Rule 7.3(b) shall include the name and office address of at least one lawyer
or law firm assuming responsibility for the communication.
[1]This Rule governs general advertising through public media and other communications
that are not directed to specifically identified individuals. The Rule encompasses all possible media
through which such communications may be directed, including print, broadcasting, and computer-
driven technology. Communications that are directed to specifically identified recipients are
governed by Rule 7.3.
[2] To assist the public in obtaining legal services, lawyers should be allowed to make
known their services not only through reputation but also through organized information campaigns
in the form of advertising. Advertising involves an active quest for clients, contrary to the tradition
that a lawyer should not seek clientele. However, the public's need to know about legal services can
be fulfilled in part through advertising. This need is particularly acute in the case of persons of
moderate means who have not made extensive use of legal services. The interest in expanding
public information about legal services ought to prevail over considerations of tradition.
Nevertheless, advertising by lawyers entails the risk of practices that are misleading or overreaching.
[3]This Rule permits public dissemination of information concerning a lawyer's name or
firm name, address and telephone number; the kinds of services the lawyer will undertake; the basis
on which the lawyer's fees are determined, including prices for specific services and payment and
credit arrangements; a lawyer's foreign language ability; names of references and, with their consent,
names of clients regularly represented; and other information that might invite the attention of those
seeking legal assistance.
[4] Questions of effectiveness and taste in advertising are matters of speculation and
subjective judgment. Some jurisdictions have had extensive prohibitions against television
advertising, against advertising going beyond specified facts about a lawyer, or against
"undignified" advertising. Television is now one of the most powerful media for getting information
to the public, particularly persons of low and moderate income; prohibiting television advertising,
therefore, would impede the flow of information about legal services to many sectors of the public.
Limiting the information that may be advertised has a similar effect and assumes that the bar can
accurately forecast the kind of information that the public would regard as relevant.
[5]Neither this Rule nor Rule 7.3 prohibits communications authorized by law, such as
notice to members of a class in class action litigation.
[6]Paragraph (b) requires that a lawyer file a copy of any advertisement or other
communication governed by this Rule with the Board of Professional Responsibility within three
days after publication, distribution, or dispatch. A lawyer may comply with the filing requirement
of paragraph (b) by complying with guidelines that may be adopted by the Board of Professional
Responsibility concerning appropriate methods by which a lawyer may provide the Board with
notice of communications made by way of web sites, e-mail, or other electronic forms of
communication or of changes to such communications. This Rule does not require that
communications be subject to review prior to dissemination, although a lawyer is free to request
such a review from the Board. This Rule provides the Board an opportunity to monitor lawyer
communications to the public while not placing any sort of prior restraint on publication.
[7]A lawyer is allowed to pay for advertising permitted by this Rule and for the purchase
of a law practice in accordance with the provisions of Rule 1.17, but otherwise is not permitted to
pay another person for channeling professional work. This restriction does not prevent an
organization or person other than the lawyer from advertising or recommending the lawyer's
services. Thus, a legal aid agency or prepaid legal services plan may pay to advertise legal services
provided under its auspices. Likewise, a lawyer may participate in not-for-profit lawyer referral
programs and pay the usual fees charged by such programs. Paragraph (c) does not prohibit paying