APRIL 2024 | 89 THE OKLAHOMA BAR JOURNAL ORPC 7.3 SOLICITATION ORPC 7.3 provides, “A lawyer shall not by in-person, live telephone or real-time electronic contact, solicit professional employment when a significant motive for the lawyer’s doing so is the lawyer’s pecuniary gain.” There are exemptions for soliciting other lawyers, family members, close friends or former clients. The rule also prohibits soliciting: professional employment by written, recorded or electronic communication or by in-person, telephone or real-time electronic contact even when not otherwise prohibited by paragraph (a), if (1) the target of the solicitation has made known to the lawyer a desire not to be solicited by the lawyer; or (2) the solicitation involves coercion, duress or harassment. Comment [1] defines solicitation as: a targeted communication initiated by the lawyer that is directed to a specific person and that offers to provide, or can reasonably be understood as offering to provide, legal services. In contrast, a lawyer’s communication typically does not constitute a solicitation if it is directed to the general public, such as through a billboard, an Internet banner advertisement, a website or a television commercial, or if it is in response to a request for information or is automatically generated in response to Internet searches. ORPC 7.4 FIELDS OF PRACTICE AND CERTIFICATIONS ORPC 7.4 makes it clear that lawyers may communicate “the fact that the lawyer does or does not practice in particular fields of law or limits his practice to or concentrates in particular fields of law.” The rule also allows lawyers to communicate certification as a specialist in patent and trademark law or admiralty. Lawyers may communicate certification as a specialist in a particular field by the licensing authority of a state in which the lawyer is admitted and so certified. The lawyer must comply with the requirements of the state in which the lawyer is certified as a specialist. The rule also requires that the lawyer communicate “that such certification is not recognized by the Supreme Court of the State of Oklahoma.” The rule also allows the communication of certification of specialization by the Supreme Court of Oklahoma, should the court allow such certification in the future. ORPC 7.5 FIRM NAMES AND LETTERHEADS ORPC 7.5 prohibits the use of a firm name, letterhead or other professional designation if it is false or misleading. A trade name may be used if it does not imply a connection with a government agency or a public or charitable organization. Any trade name must comply with ORPC 7.1. Law firms with offices in more than one jurisdiction may use the same name in each jurisdiction but must identify the jurisdictional limitations of lawyers not licensed in the jurisdiction where the office is located. The name of a lawyer holding public office may not be used in the name of a law firm during any “substantial period in which the lawyer is not actively and regularly practicing with the firm.” “Lawyers may state or imply that they practice in a partnership or other organization only when that is the fact.” THERE IS MORE This summary is not exhaustive of the provisions of these rules. I recommend that lawyers review the rules before advertising. Mr. Stevens is OBA ethics counsel. Have an ethics question? It’s a member benefit, and all inquiries are confidential. Contact him at richards@okbar.org or 405-416-7055. Ethics information is also online at www.okbar.org/ec.
RkJQdWJsaXNoZXIy OTk3MQ==