Ethics Opinions
Iowa Supreme Court Board of Professional Ethics and Conduct
Date of Opinion:
09/06/2000
Opinion Number:
00-01
Title:
INTERNET -- WEB SITE
Opinion:
You have asked four questions concerning web sites and they are answered hereinafter seriatim.
1. Question: "Is it permissible (under a theory that one is responding to a request for information from the public, or otherwise) to include a biography page which contains information typically found in a C.V. such as education, licensure, professional associations, practice history, seminars at which the lawyer has been a panelist or speaker, and a photograph?"
Answer: The Board is unaware of any valid theory, "(. . . that one is responding to a request for information from the public, or otherwise)". Canon 2 of the Iowa Code of Professional Responsibility for Lawyers (Code) governs what may be published by a lawyer in advertising. What may be published in printed form may be published on the internet.
2. Question: "Is it permissible (under a theory that one is responding to a request for information from the public, or otherwise) to include a page or pages on a web site providing narrative detail concerning various areas of practice engaged in by the firm or individual attorneys?"
Answer: Canon 2 sets forth those matters which may be advertised under the Iowa Code. It is the opinion of the Board that deviation from the language of the Code providing narrative detail concerning various areas of practice engaged in by the firm or individual attorneys would be a violation of the Code. See Formal Opinion 92-33 (1993).
3. Question: "May an attorney include in a web site editorial commentary concerning the law or other matters?"
Answer: Only if the material complies with DR 2-104(A).
4. Question: "If the answer to any of the previous questions is no, would a recitation on a firm's home page
similar
in substance to the following be sufficient to cure any non-compliance:
'The Supreme Court of Iowa has prescribed rules for lawyers concerning advertising and the provision of the information to the public. Rule 2-101(A) states: ". . . the following communications shall not be considered advertising[:] . . . communications by a lawyer that are in reply to a request for information by a member of the public . . . ." If the information appearing on this home page is sufficient to answer your questions, or if you do not wish to receive additional information, please proceed no further. If, on the other hand, you are requesting further information about me or my law practice, you are welcome to proceed to those pages on this site which reply to your request.'
Answer: There is no provision in the Iowa Code for a curative statement.
The provisions of the Iowa Code concerning advertising currently are under study by the Iowa Supreme Court.