New York State Bar Opinion 873

Committee on Professional Ethics

Topic: Offering a Prize to Join Attorney’s Social Networking Sites

Digest of the Committee:

The Rules of Professional Conduct do not prohibit an attorney from offering a prize to join the attorney’s social network as long as the prize offer is not illegal, but if the primary purpose of the prize offer is the retention of the attorney, then it will constitute an ‘advertisement’ and will be subject to the rules governing lawyer advertising. If the prize offer is an advertisement, and if it is targeted to specific recipients, and if a significant motive is pecuniary gain, it will also constitute a ‘solicitation’ and will be subject to additional requirements and restrictions.

Rules: New York Rules of Professional Conduct 1.0(a) &(c), 7.1, 7.2, 7.3, and 8.4(c)

The full text is available at http://www.nysba…