ABA ANNUAL MEETING:
LOLLAPOLOOZA AND
LAWYER ADVERTISING
Revisions to Lawyer
Advertising Rules
D A N T R AY N O R
ABA Delegate
The annual meeting of the American Bar
Association (ABA) was again held in
Chicago, where the association’s main office
is located. Just a few blocks away from the
annual meeting venue, the Lollapalooza
music festival was held in Grant Park. A
number of SBAND members took in a
Cubs game or a performance of the traveling
Hamilton production. Aside from the windy
city attractions, Chicago is likely a more
economical venue for the annual gathering.
Four decades ago, half of all lawyers in
the U.S. were members of the ABA. Now,
membership is just 22 percent of all lawyers.
Competition and economic factors have
impacted ABA membership. In our part
of the country, many lawyers have told me
the ABA’s decidedly liberal bent caused
them to reevaluate their membership in the
organization.
After years of declining membership, the
ABA was forced to trim its sails by reducing
staff and overhead. To attract new members,
the ABA is simplifying membership
categories and putting a greater emphasis on
membership benefits.
The revamped ABA hopes to better serve
members, the legal profession, and society at
large.
When the House of Delegates convened, the
slimming of the ABA bureaucracy resulted in
several bylaw and constitutional changes to
merge or eliminate programs or committees.
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THE GAVEL
The hot topic in Chicago was a rewrite of
the lawyer advertising rules. In the past, rules
relating to advertising have been prohibitory.
The last half century has seen the easing of
solicitation prohibitions for lawyers. Several
states adapted to the change, but the Model
Rules remained static, reducing the utility of
the ABA’s guideline.
The proposed changes attempt to simplify
the rules to reflect technology changes and
real-world practices. The revision also seeks
to alleviate the burden on regulators, while
protecting the public and increasing access
to justice.
Some of the key proposed changes to the
ABA’s Model Rules on Professional Conduct
include:
• Rule 7.1 addresses communications
about a lawyer’s services and prohibits
false or misleading statements. The rule
itself was not changed. But the current
Rule 7.5, along with the comments
addressing the use of firm names and
letterhead, were added to the comments
of Rule 7.1.
• Rule 7.2, formerly called “Advertising,”
was renamed “Communications
Concerning a Lawyer’s Services: Specific
Rules.” The rule still says a lawyer can
advertise, and the prohibition on paying
someone to recommend a lawyer remains.