Virginia State Bar Press Release
Eighth and Main Building
707 East Main Street, Suite 1500
Richmond, Virginia 23219-2800
Telephone: (804) 775-0500
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Facsimile:(804) 775-0501 TDD (804) 775-0502
MEDIA CONTACT: James M. McCauley, Ethics Counsel
804-775-0565
RELEASE DATE: March 1, 2010
VIRGINIA STATE BAR’S
STANDING COMMITTEE ON LEGAL ETHICS IS
SEEKING PUBLIC COMMENT ON PROPOSED AMENDMENTS
TO RULES 7.1 -7.5 OF THE RULES OF PROFESSIONAL CONDUCT
Pursuant to Part Six: Section IV, Paragraph 10(c)(iii) of the Rules of the Supreme Court of Virginia, the Virginia State Bar’s Standing Committee on Legal Ethics (“Committee”) is seeking public comment on proposed amendments to Rules 7.1 – 7.5 of the Rules of Professional Conduct.
Rules 7.1 – 7.5
Rules 7.1 – 7.5 of the Rules of Professional Conduct regulate lawyer advertising and solicitation. Overall, the Committee’s proposed amendments to these rules make them more general in their application by removing the specific examples of lawyer advertising from the body of the rule and placing those requirements in the comments along with examples of their applications taken from this Committee’s opinions on lawyer advertising.
Specifically, the proposed amendments to Rule 7.1 delete the terms “fraudulent” and “deceptive.” If a lawyer’s advertising is “fraudulent” or “deceptive” it would therefore be “false” or “misleading.” The Committee believes that statements in lawyer advertising that are “false” or “misleading” violate Rule 7.1 regardless of any intent by the lawyer to deceive the public or defraud a consumer.
The proposed amendments to Rule 7.2 eliminate the requirement of a disclaimer for specific or cumulative case results. Statements regarding cumulative case results are still subject, however, to the “misleading” standard of Rule 7.1 and can be violative of the Rules if material facts are withheld that render the statements misleading. Additional amendments to Rule 7.2, specifically 7.2(c), will allow lawyers to participate in a qualified legal services plan or a not-for-profit legal referral service that has been approved by the Committee. New Rule 7.2(e) will also require advertising lawyers to respond in a timely manner to Ethics Counsel’s requests for information regarding the lawyer’s advertisements.
The proposed amendments to Rule 7.3 broaden the scope of the prohibition against in-person solicitation to cover all types of matters, not merely personal injury and wrongful death cases. As the last sentence in proposed Comment [1] explains, “A person in need of legal services for a divorce, bankruptcy, or criminal defense may be just as overwhelmed and vulnerable to suggestion as a person in need of legal services in cases involving personal injury or wrongful death.” This ban is expanded in Rule 7.3(b) to prohibit soliciting clients involved in a public interest matter, or legal services representation etc., where the lawyer is providing pro bono work or legal services free of charge.
The proposed amendments to Rule 7.4 are undergoing consideration by the Ethics Committee.
The proposed amendments to Rule 7.5 add a new Comment [3] clarifying that lawyers should practice using the official name under which the lawyer is licensed or seek an appropriate and legal change of name from the Supreme Court of Virginia.
Inspection and Comment
The proposed amendments may be inspected at the office of the Virginia State Bar, 707 East Main Street, Suite 1500, Richmond, Virginia 23219-2800, between the hours of 9:00 a.m. and 4:30 p.m., Monday through Friday. Copies of the proposed amendments can be obtained from the offices of the Virginia State Bar by contacting the Office of Ethics Counsel at 804-775-0557, or can be found at the Virginia State Bar’s website at http://www.vsb.org/docs/prop-rules-71-75.pdf. Any individual, business, or other entity may file or submit written comments in support of or in opposition to the proposed amendment by filing ten copies with Karen A. Gould, Executive Director of the Virginia State Bar, not later than April 14, 2010.
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Michelle L. Townsend, Research &
Support Coordinator |
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The Virginia State Bar is a state agency that protects the public by educating and assisting lawyers to practice ethically and competently, and by disciplining those who violate the Supreme Court's Rules of Professional Conduct, all at no cost to Virginia taxpayers. |
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