News Release
August 29,
2012
Contact: Steve
Davis, Court Communications Officer, (515)725-8058
Court
Updates Rules for Lawyer Advertising
Des
Moines, August 29, 2012—
Today, the Iowa Supreme Court approved amendments to the Iowa Court Rules governing
lawyer advertising. The amendments bring the Iowa rules closely in line with
the American Bar Association Model Rules of Professional Conduct governing
lawyer advertising and communications to the public. The Iowa revision is
designed to update, clarify, and strengthen advertising rules in the digital
age while providing the public with useful information about Iowa lawyers.
The supreme
court has the sole responsibility to admit persons to practice as lawyers in
the courts of Iowa, to prescribe rules to supervise lawyer conduct, and to
discipline lawyers.
"With more
lawyers and citizens using the internet and social media it is important to
update the advertising rules to clarify how lawyers can use these new
technologies," Chief Justice Mark Cady said. "The ABA model code ensures a
continuation of the high ethical standards Iowa lawyers follow, brings Iowa's
rules in line with the rules in neighboring states, and will ensure that Iowans
in need of legal representation receive reliable information about Iowa
lawyers."
Illinois,
Minnesota, Nebraska, and Wisconsin also follow the current ABA model rules
governing lawyer advertising.
Prior to
adopting the new rules, the supreme court established a 16-member committee to
study the ABA model rules and make recommendations to the court regarding
adoptions of these rules in Iowa. The committee, chaired by Justice David
Wiggins, included law professors who specialize in ethics, lawyers who reside
and practice in communities that border or are near neighboring states, lawyers
who have special expertise in information technology and in media, a retired
journalism professor, and the head of the court's attorney discipline office.
Over the course of a year, the committee held meetings, conducted research, solicited
public comment, and held public hearings before providing its recommendations
to the court.
The new rules
allow Iowa lawyers to participate in all forms of advertising, except direct
solicitation, as long as the information they provide the public is not false
or misleading. The new rules also provide guidance on how to prevent the
inadvertent creation of a client-lawyer relationship to lawyers who communicate
in "real time" by telephone or the internet.
An additional
rule requires any lawyer or law firm using a trade name or an internet address
that does not mimic the name of the firm (in advertising or to communicate to
the public) to disclose the name and address of one or more of the lawyers
licensed to practice in Iowa.
"This new
rule will ensure that Iowans searching the internet or telephone book for a
lawyer will know whether the lawyer is an Iowa lawyer or an out of state
lawyer with no physical presence in the state," Justice David Wiggins, chair of
the committee, said. "Iowa lawyers are ethical and very qualified to represent
Iowa citizens in all areas of law. It is important that when an Iowan is making
the choice to hire a lawyer he or she knows whether the lawyer they are
considering is an Iowa lawyer or merely an out of state lawyer advertising in
the state."
The amended
rules will take effect January 1, 2013. Information
about the process used to update the rules and the public's comments on the
rules are on the Judicial Branch website at
http://www.iowacourts.gov/Committee_to_Study_Lawyer_Advertising_Rules/
The updated rules
are on the Judicial Branch website at
http://www.iowacourts.gov/Court_Rules_and_Forms/Recent_Amendments__New_Rules/
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2012
Iowa
Supreme Court
1111
East Court Avenue
Des
Moines, IA 50319
515-281-3952
