Okla. Stat. tit. 5, Rule 7.2
Oklahoma Rules of Professional Conduct
Chapter 1, App. 3-A
Information About Legal Services
(l) A lawyer shall not compensate or give anything of value to representatives of the press, radio, television, or other communication medium in anticipation of or in return for professional publicity in a news item.
Comments
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. 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. In the case of radio or television advertisements, the name of the town or city in which the lawyer's office is located is a sufficient address for the purposes of Rule 7.2 (d). 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. Neither this Rule nor Rule 7.3 prohibits communications authorized by law, such as notice to members of a class in class action litigation. Record of Advertising. Paragraph (b) requires that a record of the content and use of advertising be kept in order to facilitate enforcement of this Rule. It does not require that advertising be subject to review prior to dissemination. Such a requirement would be burdensome and expensive relative to its possible benefits, and may be of doubtful constitutionality. Targeted Recipients. Direct mail solicitations sent to targeted recipients (i.e., written or recorded communications from a lawyer soliciting professional employment from a prospective client known to be in need of legal services in a particular matter) are permitted, subject to compliance with Rule 7.1 and 7.3 and additional conditions imposed in Rule 7.2. (All in-person and telephone solicitations for pecuniary gain, whether or not "targeted," are forbidden by Rule 7.3 (a) except under the circumstances described in 7.3 (b).) The conditions provided in Rule 7.2 (e) are self-explanatory and substantially track those specifically recognized as permissible in order to reduce the potential for misrepresentation or over-reaching in connection with such communications by the opinion in Shapero v. Kentucky Bar Ass'n, 486 U.S. 466, 108 S.Ct. 1916, 1923-24 (1988). The notification prescribed by Rule 7.2 (e)(2) need only appear in the letter or recording addressed to the targeted recipient and not in other materials of a general informational nature which may be included in the mailing. Description of Material as Advertising. The requirement in Rule 7.2 (f) that certain communications include the words "This is an Advertisement" does not apply to communications sent in response to requests of potential clients or their spokespersons or sponsors. General announcements by lawyers, including changes in personnel or office location, do not constitute communications soliciting professional employment from a client within the meaning of this Rule. Rule 7.2 (f) does not apply to radio or television advertising. However, such electronic media advertising, as well as any other type of advertising, which is presented in a format which does not make clear that it is in fact paid advertising may constitute a violation of Rule 7.1. Fee Information. The requirement in Rule 7.2 (g) that the advertisement state whether the client is responsible for the expenses of litigation (pursuant to Rule 1.8 (e)) is needed to prevent fee advertisement from being misleading. The requirement that a contingent fee advertisement describe whether it is calculated before or after the deduction of costs and expenses applies where a particular percentage is stated. Paying Others to Recommend a Lawyer. 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 service 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 (k) does not prohibit paying regular compensation to an assistant, such as a secretary, to prepare communications permitted by this Rule. Code Comparison Rule 7.2 is similar to Oklahoma DR 2-102. Oklahoma Modification The language of Oklahoma Rule 7.2 (effective 7/1/88), modified principally by the addition of paragraph (e) relating to targeted recipients, but also revised in other particulars, is employed in lieu of new ABA Rule 7.2 (adopted 2/7/89). In addition to the "targeted recipient" provision, the Oklahoma Rule goes beyond the ABA Rule by lengthening the time period examples of advertising must be kept, requires written or recorded communications soliciting professional employment to be designated as an advertisement, and prescribes information to be shown in fee advertisements and minimum effective periods for such fee information. Historical Data Adopted July 1, 1988; amended April 17, 1991; amended by order dated October 14, 1993 and filed October 15, 1993; amended December 14, 1995.
Comment amended April 17, 1991. Comment amended September 28, 1993; amended by order dated October 14, 1993 and filed October 15, 1993; amended December 14, 1995
Rule 7.2. Advertising