Ethics Opinions
Iowa Supreme Court Board of Professional Ethics and Conduct
Date of Opinion:
12/05/2000
Opinion Number:
00-07
Title:
INTERNET -- WEB SITE LINKS
Opinion:
You state that your law firm is in the process of developing a web page. You would like to provide an internet world-wide-web link to a company that provides a lawyer referral service and to be included in the company’s electronic database which is accessible by the general public.
According to the company’s promotional information submitted with your letter, the database lists lawyer’s names, biographies and areas of practice. In that material, the company states that for an annual fee to participating lawyers, it operates:
“. . . an internet site that provides consumers with a way to find attorneys by specialty and locale and publishes a wealth of consumer legal content and attorney resources.”
Further the company promises that:
“Many attorneys have web sites that receive no traffic and are unproductive. Lawpages.com (the Company)
through exclusive and non-exclusive advertising relation-ships with major search engines, will feature your firm nationally to prospective clients who are looking for attorneys in your locale and specialty
!” (Emphasis added).
You request an opinion whether an Iowa lawyer can participate in such a program.
The need for and selection of a lawyer are important decisions. To ensure the public has access to information to assist it in the decision-making process, the Iowa Supreme Court, in the Iowa Code of Professional Responsibility, has created specific rules and procedures that lawyers must employ in their advertising and marketing. By operation of DR 1-102(A)(1) lawyers are duty bound to follow the Code.
From the materials furnished to the Board, the proposed program is a referral service and is not in compliance with DR 2-103(C) which controls the participation by a lawyer in a lawyer referral service, scheme or program.
The Company in question seeks to operate as a Reputable Law List or Directory. The use of law lists and directories is authorized by DR 2-101(C) which requires that such a list or directory be:
- a “reputable” law list and directory
- “intended primarily for the use of the legal profession.”
A “reputable” list is defined by Definition 11 of the Iowa Code of Professional Responsibility for Lawyers:
“A reputable legal directory is a publication which contains a list of lawyers or law firms in designated geographical areas, contains only the information permitted under DR 2-101, presents such information for each lawyer in the same size and style of type and in a dignified manner and the sole purpose of which is to assist lay-persons and lawyers in selecting a lawyer in the geographical area which it covers. A directory which charges a fee for a listing is not reputable unless it makes a listing available to every practicing lawyer in the geographical area on the same terms and conditions as every other lawyer in the area. Notwithstanding the foregoing, any directory which has received the formal written approval of the Iowa Supreme Court Board of Professional Ethics and Conduct or has received the certification of the Law List Committee of the American Bar Association shall be considered reputable.”
Additionally, to be “reputable” it must fully comply with the Iowa Code of Professional Responsibility by including the required DR 2-101 disclosures.
DR 2-101(C) states:
“Nothing contained herein shall prohibit a lawyer from permitting the inclusion in a reputable law list and law directories intended primarily for the use of the legal profession of such information as traditionally has been included in these publications.”
A law list is “intended primarily for the use of the legal profession” if it does not act as a client referral service or engage in active marketing to the lay public.
Applying the foregoing, it is the opinion of the Board that it would not be proper to knowingly allow your name to be included in the Company’s electronic database or to participate in its program. From the information submitted to the Board, it appears that the Company essentially operates a client-referral program that is not in compliance with DR 2-103(C). Furthermore, as described above it does not qualify as a reputable law list under DR 2-101(C) or Definition 11.