THE OKLAHOMA BAR JOURNAL 76 | APRIL 2024 Oklahoma Rules of Professional Conduct Okla. Stat. tit. 5 ch. 1, app. 3-A Article Information About Legal Services Rule 7.2. Advertising Communications Concerning a Lawyer’s Services: Specific Rules RULE 7.2 ADVERTISING COMMUNICATIONS CONCERNING A LAWYER’S SERVICES: SPECIFIC RULES (a) Subject to the requirements of Rules 7.1 and 7.3, a A lawyer may advertise communicate information regarding the lawyer’s services through written, recorded or electronic communication, including public any media. (b) A lawyer shall not compensate, give or promise anything of value, directly or indirectly, to a person who is not an employee or lawyer in the same law firm for recommending the lawyer’s services except that a lawyer may: (1) pay the reasonable costs of advertisements or communications permitted by this Rule; (2) pay the usual charges of a legal service plan or a not-for-profit or qualified lawyer referral service. A qualified lawyer referral service is a lawyer referral service that has been approved by an appropriate regulatory authority; (3) pay for a law practice in accordance with Rule 1.17; and (4) without paying anything solely for the referral, refer clients to another lawyer or a nonlawyer professional pursuant to an agreement not otherwise prohibited under these Rules that provides for the other person to refer clients or customers to the lawyer, if: (i) the reciprocal referral agreement is not exclusive; and (ii) the client is informed of the existence and nature of the agreement. and (5) give nominal gifts that are neither intended nor reasonably expected to be a form of compensation for recommending a lawyer’s services. (c) A lawyer shall not state or imply that a lawyer is certified as a specialist in a particular field of law, unless: (1) the lawyer has been certified as a specialist by an organization that has been approved by an appropriate authority of the state or the District of Columbia or a U.S. Territory or that has been accredited by the American Bar Association; and (2) the name of the certifying organization is clearly identified in the communication. (c) (d) Any communication made under pursuant to this rule must shall include the name and office address contact information of at least one lawyer or law firm responsible for its content. COMMENT [1] To assist the public in learning about and 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. [1] [2] This Rule permits public dissemination of information concerning a lawyer’s or law firm’s name, or firm name, address, email address, website, 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.
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