Advertising, solicitation, and misconduct — Rules 7.x and 8.x
**Rule 7.1 — Communications concerning lawyer services:** no false or misleading communication. A truthful statement is misleading if it omits a fact necessary to make the statement, considered as a whole, not materially misleading, or if there is a substantial likelihood it will lead a reasonable person to form an unjustified expectation.
**Rule 7.2 — Communications and referrals (as revised 2018):** • Paid advertising is permitted. • Name and office address of at least one lawyer responsible must be included. • No giving anything of value for a recommendation except usual/reasonable costs of advertising, fees of a legal service plan or lawyer-referral service, and **reciprocal referral agreements** that are not exclusive and the client is informed.
**Rule 7.3 — Solicitation:** no **live person-to-person** solicitation when a significant motive is pecuniary gain, unless the person contacted is another lawyer, has a family/close personal/prior professional relationship, or routinely uses legal services for business. Written/recorded/electronic solicitation to targeted prospects must be labeled 'Advertising Material' (varies by state; Florida and NY more restrictive).
**Rule 8.3 — Reporting professional misconduct:** a lawyer who **knows** that another lawyer has committed a violation of the Rules that raises a substantial question as to that lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects shall inform the appropriate professional authority. Same duty for judicial misconduct (Rule 8.3(b)).
**Rule 8.4 — Misconduct:** it is professional misconduct to (a) violate the Rules or knowingly assist/induce another, (b) commit a criminal act that reflects adversely on honesty/trustworthiness/fitness, (c) engage in conduct involving dishonesty/fraud/deceit/misrepresentation, (d) engage in conduct prejudicial to the administration of justice, (e) state/imply ability to influence improperly, (f) knowingly assist a judge in violation of law, or (g) engage in conduct that the lawyer knows or reasonably should know is harassment or discrimination on the basis of protected characteristics.