New York State Bar Opinion 848

Committee on Professional Ethics

Topic: Attorney Newsletters; Advertisement

Digest of the Committee:

Whether a publication by a lawyer or law firm is an ‘advertisement’ depends on its content, its intended purpose, and the targeted audience. With certain exceptions, if a publication is an advertisement, it must be labeled ‘Attorney Advertising,’ and if it makes certain types of claims it must include the precise disclaimer set out in Rule 7.1(e)(3). If a law firm’s website is an advertisement, it must say ‘Attorney Advertising’ on the home page.

Rules: 1.0(a), 7.1(d),(e)&(f)

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