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Proposed Rule Changes Concerning Lawyer Advertising

Proposed Rule Changes Concerning Lawyer Advertising. http://www.iowacourts.gov/Committee_to_Study_Lawyer_Advertising_Rules/index.asp All committee documents. Margaret Raymond Memo (June 27, 2011) Advertising Committee Recommendations filed on April 20, 2012. Committee Recommendations.

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Proposed Rule Changes Concerning Lawyer Advertising

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  1. Proposed Rule ChangesConcerning Lawyer Advertising • http://www.iowacourts.gov/Committee_to_Study_Lawyer_Advertising_Rules/index.asp • All committee documents. • Margaret Raymond Memo (June 27, 2011) • Advertising Committee Recommendations filed on April 20, 2012

  2. Committee Recommendations • Close adherence to the ABA’s Model Rules of Professional Conduct • Adopt Rules 7.1-7.6, and 1.18 • Exceptions • Rule 7.4(d) re: Communications of Fields of Practice and Specialization • Refer back to 7.1 (be truthful) • Add Disclaimer (Iowa S. Ct. does not recognize certifications of specialty)

  3. Iowa Exception Continued • Rule 7.5 re: Firm Names and Letterheads • Trade names or URLs are fine, but should be registered with the Iowa Supreme Court • Proposed New Court Rule 49.4 • ABA Commission on Ethics 20/20 • Created to address new technology and evolution of the legal profession • On Feb. 21, 2012, 20/20 Commission released proposals regarding Technology and Client Development

  4. Comparing Current and Proposed Rules • 7.1 Communications re Services • 7.1(b) (emotional appeals and quality of work) • ISBA Comm. on Ethics concerns • 7.2 Advertising • New rules attempt to stop impediments “to the flow of information about legal services” a/k/a the current Iowa Rules.

  5. Comparison Continued • 7.3 Solicitation • Focus on 7.3(c) – disclaimer “Advertising Material” required • No more filing of copies, but Iowa Rules comments are similar • 7.4 Specializations • No more hour requirements or list of compliant specializations. • Note 7.4(d)(3) and d(4) modifications

  6. Comparison Continued • 7.5 Firm Names and Letterheads • Big change is use of trade names and URLs in conjunction with Ct. R. 49.4

  7. What can’t you do? • Cases: • Attorney Grievance Comm'n of Maryland v. Ambe, 425 Md. 98, 38 A.3d 390 (2012). • Informal Opinion 00-6, 2000 WL 1370783 (Conn. Bar. Assoc. Mar. 3, 2000). • In re Disciplinary Proceedings against Hupy, 2011 WI 38, 333 Wis. 2d 612, 799 N.W.2d 732 (2011).

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