Page 20 - CHAPTER 14 Multidisciplinary Organizations (MDOs), the Competitive Alternative to the Big 5
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(a) A lawyer may advertise services through public media, such as a telephone directory, legal directory,
and newspaper or other periodical, outdoor advertising, radio or television or through written recorded
communications.
(b) A copy or recording of an advertisement or communication shall be kept for two years after its last
dissemination along with a record of when and where it was used.
(c) A lawyer shall not give anything of value to a person for recommending the lawyer’s services except a
lawyer may
(1) pay the reasonable cost for advertisement or communications permitted by this Rule;
(2) pay the usual charges of a not-for-profit lawyer referral service or legal service organizations;
and
(3) pay for a law practice in accordance with Rules 1.17.
(d) Any communication made pursuant to this Rule shall include the name of at least one lawyer
responsible for its content.
While lawyers have had very specific rules on directories, WSG is not a directory but an association. Its
directory is incidental. However, if the materials from the WSG contained language to the effect that the
materials were meant to comply with all applicable rules and that they were “void where prohibited,” it
would have additional protections.”54
PSI is a directory, albeit more sophisticated than most. PSI does not have activities other than the
information that is made available to each member. In the case of directories, the directory publisher
has no liability only the lawyer.55 These types of issues have been dealt with by the PSI Legal Advisory
Board by setting out some specific rules for listings.
While bars have rules, many of the rules are under attack. All can be complied with provided PSI and WSG
recognize what must be done for compliance.
[5]—Other Issues
While there is no case law on the issue, would Judy’s and John’s firm be able to list their firms as members
of WSG or PSI on the firm’s letterhead?
ABA Model Rule 7.5 requires a lawyer to avoid the implication that they practice in a partnership when
this is not the case. Listing membership in an organization is not covered directly. It would appear that
this would be permitted since WSG does not practice law — provided this is clearly defined. They would
want to provide a description of their respective organization — to the effect “Member World Services
Group — An Association of Independent Professional Firms and Businesses.56
54 In the event this material is not deemed to fully comply with the provision of the rules of professional conduct of any particular state, this firm
will not accept clients or representation that derived from the distribution of this material." American Bar Association Commission on Advertising
(1995).
55 Bates v. Arizona, 433 U.S. 350 (1977).
56 Lex Mundi, an association of 160 law firms permit the members to place Lex Mundi on letter heads and other materials. However, they require
that precise words be used. Members must state: ”Member Lex Mundi, an Association of Independent Law Firms.”
and newspaper or other periodical, outdoor advertising, radio or television or through written recorded
communications.
(b) A copy or recording of an advertisement or communication shall be kept for two years after its last
dissemination along with a record of when and where it was used.
(c) A lawyer shall not give anything of value to a person for recommending the lawyer’s services except a
lawyer may
(1) pay the reasonable cost for advertisement or communications permitted by this Rule;
(2) pay the usual charges of a not-for-profit lawyer referral service or legal service organizations;
and
(3) pay for a law practice in accordance with Rules 1.17.
(d) Any communication made pursuant to this Rule shall include the name of at least one lawyer
responsible for its content.
While lawyers have had very specific rules on directories, WSG is not a directory but an association. Its
directory is incidental. However, if the materials from the WSG contained language to the effect that the
materials were meant to comply with all applicable rules and that they were “void where prohibited,” it
would have additional protections.”54
PSI is a directory, albeit more sophisticated than most. PSI does not have activities other than the
information that is made available to each member. In the case of directories, the directory publisher
has no liability only the lawyer.55 These types of issues have been dealt with by the PSI Legal Advisory
Board by setting out some specific rules for listings.
While bars have rules, many of the rules are under attack. All can be complied with provided PSI and WSG
recognize what must be done for compliance.
[5]—Other Issues
While there is no case law on the issue, would Judy’s and John’s firm be able to list their firms as members
of WSG or PSI on the firm’s letterhead?
ABA Model Rule 7.5 requires a lawyer to avoid the implication that they practice in a partnership when
this is not the case. Listing membership in an organization is not covered directly. It would appear that
this would be permitted since WSG does not practice law — provided this is clearly defined. They would
want to provide a description of their respective organization — to the effect “Member World Services
Group — An Association of Independent Professional Firms and Businesses.56
54 In the event this material is not deemed to fully comply with the provision of the rules of professional conduct of any particular state, this firm
will not accept clients or representation that derived from the distribution of this material." American Bar Association Commission on Advertising
(1995).
55 Bates v. Arizona, 433 U.S. 350 (1977).
56 Lex Mundi, an association of 160 law firms permit the members to place Lex Mundi on letter heads and other materials. However, they require
that precise words be used. Members must state: ”Member Lex Mundi, an Association of Independent Law Firms.”
