Quick Tip: 7 Steps Lawyers Should Take to Avert a Disciplinary Hearing

We advocate a 7-step analysis for avoiding disciplinary action for implementation of a sales and marketing strategy for your law firm. 

1. Identify the Bar rules that apply to your proposed activities; 
2. Determine the overall purposes of your state Bar’s rules of professional conduct;
3. Determine the purpose of the specific rules relating to your proposed conduct; 
4. Review ethics opinions and court decisions relating to your proposed conduct;
5. Determine whether you wish to obtain a written opinion that your proposed conduct is compliant;
6. If necessary, secure an opinion from the Bar or an ethics attorney;
7. Prior to launching your sales and marketing activities, document the analysis you undertook.

Follow this procedure, and even if you are wrong about the ethics of a particular activity, I believe you should be able to avoid discipline because there are few Bar rules that impose strict liability, especially if your state Bar and state Supreme Court already are reevaluating the efficacy, fairness, and societal benefit of your state’s Bar rules.