|
CEDAR RAPIDS, IA LAWCHEK®
has
evaluated State Bar Associations and the American Bar Association to determine which
Associations have adopted new Advertising Rules that address Internet Advertising.
We've included links to Bar Association Homepages and reviews of each Bar Association
policy regarding Internet Advertising.
Out of the 50
State Bar Associations, forty-eight do not possess Advertising Rules specific to the
Internet and two (Minnesota and Texas) do feature Advertising Rules that pertain to the
Internet exclusively. The American Bar Association has not yet issued any Ethics
Opinions or adopted any new Rules that affect Advertising on the Internet. The
Supreme Court adopted new Adverting Rules presented by the American Bar Association on
March 11, 1999 that directly affect Internet Advertising. To view these new Rules,
see 7.2 and 7.3. All of the Bar Associations do stress that the existing Rules
regarding Advertising in general are applicable to Internet Advertising.
Forty-one states have adopted the Model Rules established by the American Bar Association.
Every one of these states possess some aspects of the Requirements in the Model Rules,
however, not many have adopted the complete provisions precisely. Ethics Opinions
addressing Internet Advertising have been issued by the following states: Alabama,
Arizona, Illinois, Michigan, North Carolina, Tennessee and Utah. To view a summary
of each State Bar Association
Below are the results of our evaluation. If you wish to
visit a Bar Association, click on the BAR ASSOCIATIONS header and you will be directed to
LAWS ONLINE™ where you can select the
Bar Association you are seeking. If you would like to access the review of a particular
Bar Association, click on the appropriate Bar Association name. Bar Association links and
reviews are provided courtesy of LAWCHEK®.
BAR ASSOCIATIONS
ABA
. ALABAMA . ALASKA . ARIZONA
. ARKANSAS . CALIFORNIA . COLORADO . CONNECTICUT . DELAWARE . FLORIDA . GEORGIA
. HAWAII . IDAHO . ILLINOIS
. INDIANA . IOWA . KANSAS
. KENTUCKY . LOUISIANA . MAINE . MARYLAND . MASSACHUSETTS
. MICHIGAN . MINNESOTA . MISSISSIPPI . MISSOURI . MONTANA . NEBRASKA NEVADA
. NEW HAMPSHIRE . NEW JERSEY . NEW MEXICO . NEW YORK NORTH CAROLINA . NORTH DAKOTA . OHIO . OKLAHOMA . OREGON
PENNSYLVANIA . RHODE ISLAND
. SOUTH CAROLINA . SOUTH DAKOTA
. TENNESSEE . TEXAS . UTAH
. VERMONT . VIRGINIA WASHINGTON . WEST VIRGINIA . WISCONSIN . WYOMING
American Bar Association
A White Paper presented for the
purpose of discussion by the American Bar Association Commission on Advertising was made
available in July of 1998. To read the White Paper, A Re-Examination of the ABA
Model Rules of Professional Conduct Pertaining to Client Development in Light of Emerging
Technologies, Click
Here.
Alabama
The Alabama Bar Association is in the process of establishing and adopting
Advertising Rules that pertain to the Internet exclusively. At this time, a proposal
has been submitted but not approved by the Board or the Supreme Court. Alabama has
announced an Ethics Opinion, RO-96-07, that addresses the issue. Click Here to read
this Opinion. Alabama State Bar members may obtain copies of formal Ethics Opinions
by calling (334)-269-1515 or 1-800-354-6154, extention 207.
Alaska
The Alaska Bar Association does not impose any Rules specific to Internet
Advertising. Alaska's Rule 7.2 of Professional Conduct applies to all forms of
Advertising. To access Rule 7.2 or Ethics Opinions, Click Here.
Arizona
The Arizona Bar Association follows the Model Rules of Professional Conduct and
has not adopted any Internet specific amendments to the Rules. The Arizona Bar has
confirmed in Ethics Opinion 97-04 that the Ethical Rules apply to attorney Internet
communications. To read this Opinion, Click
Here.
Arkansas
The Arkansas Bar Association states that there are no Advisory Opinions or specific Rules
exclusive to Internet Advertising. The General Advertising Rules, however, apply to
all forms of Advertising and can be located by Clicking
Here.
California
Information regarding Internet Advertising is not yet available from the California Bar
Association. To view California General Advertising Rules or Ethics Opinions, Click Here.
Colorado
The Colorado Bar Association has not adopted any new Rules that would directly address
Internet Advertising. In regard to General Advertising Rules, 103 Ethics Opinions
can be found on their site by selecting Formal Ethics Opinions and keying USERNAME: 965034
and PASSWORD: Guest. Click Here to access the Colorado State Bar Homepage.
Connecticut
Information regarding Internet Advertising is not yet available from the Connecticut Bar
Association. To view Connecticut General Advertising Rules or Ethics Opinions, Click Here.
Delaware
The Delaware Bar Association has not, as of yet, implemented any new Rules that would
specifically address Internet Advertising. To access General Advertising Rules, Click Here.
Florida
The Florida Bar Association has not implemented any new Rules pertaining to Internet
Advertising, however, there are proposals pending before the Florida Supreme Court.
There does exist an Internet Guideline issued by the Advertising Committee and this can be
accessed on the Florida State Bar Homepage. Choose Members Service from the Homepage
menu, then select Ethics Opinions and Advertising Regulations or Click Here.
Georgia
The Georgia Bar Association has not implemented any Advertising Rules specific to the
Internet. To access General Advertising Rules on the Georgia State Bar Homepage,
select Bar Handbook, Rules & Regulations, Part Four Discipline, and 4102 D. or Click Here.
Hawaii
The Hawaii Bar Association has not issued any Ethics Opinions or adopted any Rules
regarding Internet Advertising. If you would like to review the General Advertising
Rules or the ODC Opinion, Click Here.
Idaho
The Idaho Bar Association does not have any Ethics Opinions or Rules
addressing Internet Advertising specifically. To view the General Advertising Rules,
Click Here.
Illinois
The Illinois Bar Association does not mandate special Advertising Rules pertaining to
the Internet, however, the same guidelines relative to General Advertising apply to the
Internet. To receive a copy of the General Advertising Rules for the Illinois Bar
Association, call (800) 252- 8908 (toll-free in IL) or (217) 525-1760. The Illinois
State Bar Homepage also publishes the General Advertising Rules on their Internet site and
can be accessed by Clicking Here.
Indiana
The Indiana Bar Association has not employed new Rules associated with Advertising on
the Internet. The General Rules of Advertising apply. To view the General
Advertising Rules, Click Here.
Iowa
The Iowa Bar Association states that General Advertising Rules are applicable to Internet
Advertising Guidelines. To review Iowa State Bar General Advertising Rules 2-101,
2-102 and 2-105, Click Here.
Kansas
The Kansas Bar Association has implemented no new Advertising Rules that would affect the
Internet directly, however, the Supreme Court has adopted new Adverting Rules by the
American Bar Association that do impact the Internet directly and these Guidelines are
applicable to Internet Advertising in Kansas. To view the new Rules, 7.2 and 7.3, Click Here. You must be a subscriber
to peruse General Advertising Rules on the Kansas State Bar Homepage.
Kentucky
The Kentucky Bar Association has not updated the General Advertising Rules to include the
Internet at this time. The Kentucky Attorney Advertising Commission is of the
opinion that Advertising of any form on the Internet should contain the statement
"THIS IS AN ADVERTISEMENT" in capital letters and that the Advertisement should
be submitted to the Commission prior to posting on the Internet. To view General
Advertising Rules, Click Here.
Louisiana
Information regarding Internet Advertising is not yet available from the Louisiana Bar
Association. To view Louisiana General Advertising Rules or Ethics Opinions, Click Here.
Maine
Information regarding Internet Advertising is not yet available from the Maine Bar
Association. To view Maine General Advertising Rules or Ethics Opinions, Click Here.
Maryland
Information regarding Internet Advertising is not yet available from the Maryland Bar
Association. To view Maryland General Advertising Rules or Ethics Opinions, Click Here. |
Massachusetts
The Massachusetts Bar Association hasn't adopted any Rules pertaining to Internet
Advertising exclusively. To read Opinion 98-2 Re: Internet Bar Directory, Click Here.
Michigan
The Michigan Bar Association has not adopted specific Ethics Rules regarding Internet
Advertising. The General Advertising Rules apply indirectly to Internet Advertising.
The Michigan Bar Association has issued Ethics Opinion RI-276, which addresses
Advertising on the Internet. Visit the Michigan State Bar Homepage to review this
Opinion or the General Advertising Rules. Click on the Ethics button found on the
Homepage then choose Rules of Professional Conduct. You may also go to the Numerical
Index for Ethics Opinions and select RI-276 or you may Click
Here.
Minnesota
The Minnesota Bar Association has implemented one new Rule regarding Internet Advertising.
To view this Rule or to read the General Advertising Rules, Click Here.
Mississippi
The Mississippi Bar Association does not impose Advertising Rules that pertain to the
Internet exclusively, however, the General Advertising Rules do apply. Click Here to access these Rules.
Missouri
Information regarding Internet Advertising is not yet available from the Missouri Bar
Association. To view Missouri General Advertising Rules or Ethics Opinions, Click Here.
Montana
The Montana Bar Association reports no additions to the General Advertising Rules that
would pertain to the Internet exclusively. The Montana State Bar follows the
American Bar Association Model Rules on Advertising in general and those Rules would apply
to the Internet. To read the General Advertising Rules, Click Here.
Nebraska
The Nebraska Bar Association's Code of Professional Responsibility does not have specific
Rules regarding Advertising on the Internet. The Nebraska Bar Association Advisory
Committee has determined that the General Advertising Rules are sufficient. The Code
of Professional Responsibility and the Advisory Opinions are available on the Nebraska
State Bar Homepage. Click Here to see Nebraska
Rules and Opinions.
Nevada
The Nevada Bar Association has not established any Advertising Rules specific to the
Internet. The General Advertising Rules are applicable to Internet Advertising and
can be found by Clicking Here.
New Hampshire
The New Hampshire Bar Association has established Ethics Opinions but no Rules
regarding Adverting on the Internet. To view the Ethics Opinions relating to the
Internet and to access the General Advertising Rules, Click Here.
New Jersey
The New Jersey Bar Association has not submitted any new Rules regarding Internet
Advertising. To obtain General Advertising Rules, Click
Here.
New Mexico
Information regarding Internet Advertising is not yet available from the New Mexico Bar
Association. To view New Mexico General Advertising Rules or Ethics Opinions, Click Here.
New York
The New York Bar Association does not have Ethics Rules that pertain to Internet
Advertising exclusively, however, they have issued an Ethics Opinion on the subject.
Opinion 709 may be found on the New York State Bar Homepage under the option
"Ethics." To access the New York State Bar Homepage, Click Here.
North Carolina
The North Carolina Bar Association has issued two Ethics Opinions that address Advertising
on the Internet. To view these Opinions (RPC 239 and RPC 241), Click Here.
North Dakota
Information regarding Internet Advertising is not yet available from the North Dakota Bar
Association. To view Rules or Opinions, Click Here.
Ohio
The Ohio Bar Association has not developed any new Rules pertaining to Internet
Advertising. If they do, they will work with the Supreme Court to pass the proposal
as a General Rule. To access General Advertising Rules, Click Here.
Oklahoma
The Oklahoma Bar Association requires that any Internet Advertising be in compliance with
General Advertising Rules. As for Rules that reflect upon the Internet completely,
none have been implemented. To view Oklahoma General Advertising Rules or Ethics
Opinions, Click Here.
Oregon
The Oregon Bar Association does not, in practice and policy, allow Internet Advertising at
this time. As far as new Rules that would address the Internet, the Oregon Bar
Association is in the discussion phase. To peruse General Advertising Rules, Click
Here.
Pennsylvania
The Pennsylvania Bar Association has issued three Ethics Opinions regarding Internet
Advertising. If you would like to review these Opinions, go to the Pennsylvania
State Bar Homepage by Clicking Here. General
Advertising Rules can be found online as well.
Rhode Island
The Rhode Island Bar Association does not implement any specific Internet Advertising
Rules. Internet Advertising falls under the General Advertising Rules of the Rhode
Island Bar Association. The Rhode Island State Bar is in the process of posting the
Rules of Professional Conduct on their Homepage. Click
Here
to visit the Rhode Island State Bar Homepage.
South Carolina
Information regarding Internet Advertising is not yet available from the South Carolina
Bar Association. To view South Carolina General Advertising Rules or Ethics
Opinions, Click Here.
South Dakota
The South Dakota Bar Association is in
the process of developing a proposal for Internet Advertising Rules, however, the project
is a year away from being submitted as a Rule. To review 7.1 and 7.2 General
Advertising Rules, Click Here.
Tennessee
Information regarding Internet Advertising is not yet available from the Tennessee
Bar Association. To view Tennessee General Advertising Rules or Ethics Opinions,
Click Here.
Texas
The Texas Bar Association has adopted a new Rule pertaining directly to Internet
Advertising. To access the Rule, go to the Texas State Bar Homepage, choose Attorney
Information, then select Advertising Review and click on Interpretive Comments #17 or Click Here.
Utah
The Utah Bar Association has not adopted any Rules nor modified the Utah Rules of
Professional Conduct to address Internet Advertising. However, the Bar's Ethics
Advisory Opinion Committee has issued an Opinion on the subject. To access Opinion
No. 97-10, Click
Here.
Vermont
The Vermont Bar Association Ethics Committee addresses Advertising Requirement issues.
In 1997, two Opinions (DR 2103 and DR 2104) dealing with the Internet exclusively
were reported. To read these Opinions, Click Here.
Virginia
Information regarding Internet Advertising is not yet available from the Virginia
Bar Association. To view Virginia General Advertising Rules or Ethics Opinions, Click Here.
Washington
The Washington Bar Association uses the pre-existing Rules of Professional Conduct as a
guideline for Advertising on the Internet. To view RPC Title 7, Click Here.
West Virginia
The West Virginia Bar Association is of the opinion that the need exists for Rules that
address Internet Advertising explicitly, however, current Rules of Professional Conduct
provide guidance in the interim. To access these Rules, you must be a subscriber.
To visit the West Virginia State Bar Homepage, Click
Here.
Wisconsin
The Wisconsin Bar Association has not adopted any Rules regarding Internet Advertising,
however, General Advertising Rules do apply.
Click Here to review these Rules.
Wyoming
The Wyoming Bar Association does not mandate any Advertising Rules specific to the
Internet, however, the General Advertising Rules apply. To view these Rules, Click Here. |
