ISBA Ethics Opinions on Advertising and Solicitation

Opinion 22-02 | Advertising and Solicitation | Sharing Fees With Nonlawyers
Lawyer participating in for-profit client matching service
Opinion 15-05 | Advertising and Solicitation
Links on a lawyer's website to other businesses or organizations
Opinion 14-06 | Advertising and Solicitation
Wearing firm apparel bearing firm logo during television interview
Opinion 14-04 | Advertising and Solicitation | Unauthorized Practice of Law
Solicitation of personal injury cases in Illinois by non-Illinois licensed lawyer
Opinion 12-17 | Advertising and Solicitation | Arbitration and Mediation | Multijurisdictional Practice | Unauthorized Practice of Law
Non Illinois licensed lawyer representing party in Illinois arbitration proceeding
Opinion 12-14 | Advertising and Solicitation | Communication With Client | Law Firm Partnership and Employment Agreements | Law Firms
Duties and obligations of departing law firm associate
Opinion 12-04 | Advertising and Solicitation
Labeling direct solicitations as "Advertising Material"
Opinion 12-03 | Advertising and Solicitation | Confidentiality | Referral Fees and Arrangements
Lawyer's participation in networking group with nonlawyer professionals
Opinion 06-02 | Advertising and Solicitation | Division of Fees | Unauthorized Practice of Law
Third party vendor lawyer promotion (advertising) and compensation

A lawyer is responsible for marketing firm’s conduct that would be in violation of the Rules of professional Conduct if engaged in by a lawyer, if the lawyer orders or ratifies such conduct.

Marketing firm, retained by a law firm, may distribute advertisements promoting the firm to potential clients through the mail, by posting on electronic bulletin boards and by delivering promotions door-to-door, but it may not have personal contact with the recipients in its distribution of the advertisements.
Opinion 03-05 | Advertising and Solicitation | Dual Professions
Identifying non-legal accreditations

Attorney may list non-legal accreditation on attorney business card.
Opinion 03-03 | Advertising and Solicitation | Law Firm Name and Letterhead
Capital Litigation Trial Bar designation

Resolution of the conflict between Supreme Court Rule 714 and Rule 7.4 favors Rule 714 as the more recent. A lawyer may list the certification "Capital Litigation Trial Bar" on letterhead without the disclaimer that "the Supreme Court of Illinois does not recognize certifications of specialties in the practice of law."
Opinion 99-03 | Advertising and Solicitation | Communication With Represented Person | Conflict of Interest - Transactional Matters
Lawyer for lending institution seeking to represent already represented borrower
Opinion 97-02 | Advertising and Solicitation
Lawyer’s employee in-person solicitation
Opinion 97-06 | Advertising and Solicitation | Division of Fees
Prerecorded telephone legal information hotline
Opinion 97-05 | Advertising and Solicitation | Lawyer Referral Services | Referral Fees and Arrangements
For profit referral service
Opinion 96-04 | Advertising and Solicitation | Division of Fees | Unauthorized Practice of Law
Private practice in the name of a nonlawyer owned corporation
Opinion 96-02 | Advertising and Solicitation
Third-party solicitation on behalf of a lawyer
Opinion 96-01 | Advertising and Solicitation
Distribution of materials at public seminar
Opinion 96-10 | Advertising and Solicitation | Confidentiality | E-mail
Use of e-mail, Lawyer Websites
Opinion 96-09 | Advertising and Solicitation | Communication With Represented Person | Reporting Lawyer Misconduct
Discharged lawyer contacting represented former client, duty to report
Opinion 96-08 | Advertising and Solicitation | Scope of Representation
Advertising “specialization,” delegation of work outside firm
Opinion 95-03 | Advertising and Solicitation | Conflict of Interest | Guardians and Guardianship
Court appointed guardian ad litem for minor may represent that minor in personal injury litigation arising out of matter in which attorney acted as guardian ad litem
Opinion 94-12 | Advertising and Solicitation | Division of Fees | Referral Fees and Arrangements
Participation in for profit lawyer referral service managed and advertised by nonlawyers
Opinion 94-11 | Advertising and Solicitation | Division of Fees
Participation in for profit telephone legal advice hotline managed and advertised by nonlawyers
Opinion 94-08 | Advertising and Solicitation | Referral Fees and Arrangements | Unauthorized Practice of Law
Client referrals from nonlawyer in exchange for payments
Opinion 94-04 | Advertising and Solicitation | Referral Fees and Arrangements
Lawyer participation in informational seminar and subsequent legal representation
Opinion 94-03 | Advertising and Solicitation | Government Representation
Social hospitality to elected and appointed government officials
Opinion 93-10 | Advertising and Solicitation
In-person solicitation of employment
Opinion 92-17 | Advertising and Solicitation
Direct mail solicitations
Opinion 92-16 | Advertising and Solicitation | Referral Fees and Arrangements
Reduced fees to government employee in exchange for potential referrals
Opinion 92-08 | Advertising and Solicitation | Referral Fees and Arrangements
Corporate client recommends its law firm to corporate employees and secures reduced fees for the employees
Opinion 91-13 | Advertising and Solicitation | Contingent Fees
Charging contingent fee in non-litigation matters
Opinion 90-37 | Advertising and Solicitation
Solicitation via written communication
Opinion 90-19 | Advertising and Solicitation | Unauthorized Practice of Law
Nonlawyer preparing revocable trust documents and/or initiating contact with potential clients for lawyer
Opinion 85-01 | Advertising and Solicitation
Sponsorship of athletic team
Opinion 832 | Advertising and Solicitation
Solicitation via “Welcome Wagon” service
Opinion 84-12 | Advertising and Solicitation
Solicitation of existing clients
Opinion 84-04 | Advertising and Solicitation
Lawyer engaging in direct mail and/or in person solicitation via the “Welcome Wagon.”
Opinion 827 | Advertising and Solicitation | Nonlawyer Assistants
Referrals from organization and use of organizations clerical staff
Opinion 812 | Advertising and Solicitation
Pens imprinted with firm name
Opinion 763 | Advertising and Solicitation
Writing newspaper articles on general legal subjects
Opinion 756 | Advertising and Solicitation
Billboards
Opinion 749 | Advertising and Solicitation
Identification of fields of concentration
Opinion 727 | Advertising and Solicitation
Offering to conduct seminars on legal subjects
Opinion 705 | Advertising and Solicitation
Third-party solicitation
Opinion 702 | Advertising and Solicitation
Firm announcements
Opinion 700 | Advertising and Solicitation
Direct in person solicitation

ISBA Advisory Opinions on Professional Conduct are prepared as an educational service to members of the ISBA. While the opinions express the ISBA interpretation of the Illinois Rules of Professional Conduct and other relevant materials in response to a specific hypothesized fact situation, they do not have the weight of law and should not be relied upon as a substitute for individual legal advice. For more information, call the ISBA Legal Department at (217) 525-1760 or (800) 252-8908.