Advertising Bar Regulations For Oregon

When performing law firm online marketing, it’s important to be mindful of your state’s bar regulations for advertising. In this article we’ll go over some of the high level points to look out for.

The Oregon Rules of Professional Conduct outline the rules for attorney advertising in the state of Oregon.

Rule 7.1 regulates a lawyer’s truthfulness in their communication of services. This rule specifically prohibits lawyers from making false or misleading communications about themselves or their services. A statement is considered misleading if it contains a material misrepresentation of fact or law; omits a fact necessary to make the statement considered as a whole not materially misleading; or contains a testimonial about, or endorsement of, the lawyer that is misleading.

Rule 7.2 permits lawyers in Oregon to advertise services through written, recorded or electronic communication, including public media; however, a lawyer “shall not give anything of value to a person for recommending the lawyer’s services.” A lawyer may pay the reasonable costs of advertisements or communications permitted by this rule, or pay the usual charges of a legal service plan or a not-for-profit or qualified lawyer referral service.

Rule 7.3 prohibits attorneys from soliciting professional employment from any prospective clients if a significant motive is their own pecuniary gain. A lawyer is also prohibited from making any solicitations if the lawyer knows or reasonably should know that “the physical, emotional or mental state of the target of the solicitation is such that the person could not exercise reasonable judgment in employing a lawyer; the target of the solicitation has made known to the lawyer a desire not to be solicited by the lawyer; or the solicitation involves coercion, duress or harassment.”