DR 2-101. PUBLICITY

A lawyer shall not, on his or her own behalf or that of a partner, associate, or other

lawyer affiliated with the lawyer or the lawyer's firm, use, or participate in the use of, any form of

public communication, including direct mail solicitation, that:

(1)

Contains any false, fraudulent, misleading, deceptive, self-laudatory, or unfair

statement;

(2)

Seeks employment in connection with matters in which the lawyer or law firm

does not intend to actively participate in the representation, but that the lawyer or law firm

intends to refer to other counsel, except that this provision shall not apply to organizations

defined in DR 2-103(D)(1);

(3)

Contains any testimonial of past or present clients pertaining to the lawyer's

capability;

(4)

Contains any claim that is not verifiable;

(5)

Contains characterizations of rates or fees chargeable by the lawyer or law firm,

such as "cut-rate,” “lowest," "giveaway," "below cost," "discount," and "special;" however, use of

characterizations of rates or fees such as "reasonable" and "moderate" is acceptable.

(B)

Subject to the limitations contained in these rules:

(1)

A lawyer or law firm may advertise services or the sale of a law practice through

newspapers, periodicals, trade journals, "shoppers," and similar print media, outdoor advertising,

radio and television, and written communication.

(2)

A lawyer or law firm may permit or purchase inclusion of information in a

telephone or city directory, subject to the following standards:

(a)

The lawyer's or the firm's name, address, and telephone number may be listed

alphabetically in the residential, business, or classified sections.

(b)

Listing or display advertising in the classified section shall be limited to one or

more of the following:

or law firm may permit or purchase inclusion of information in a

telephone or city directory, subject to the following standards:

(a)

The lawyer's or the firm's name, address, and telephone number may be listed

alphabetically in the residential, business, or classified sections.

(b)

Listing or display advertising in the classified section shall be limited to one or

more of the following:

(i)

under the general heading "Lawyers" or "Attorneys;"

(ii)

if a lawyer or a firm meets the requirements of DR 2-105(A)(1), under the

classification or heading identifying the field or area of practice in which the lawyer or firm is so

qualified;

(iii)

under a classification or heading that identifies the lawyer or firm by geographic

location, certification as a specialist pursuant to DR 2-105(A)(4) or (5), or field of law as

provided by DR 2-105(A)(6).

(c)

Nothing contained in this rule shall prohibit a lawyer or law firm from permitting

inclusion in reputable law lists and law directories intended primarily for the use of the legal

profession, of such information as has traditionally appeared in those publications.

(3)

Brochures or pamphlets containing biographical and informational data that is

acceptable under these rules may be disseminated directly to clients, members of the bar, or

others.

(C)

A communication is false or misleading if it satisfies any of the following:

(1)

Contains a material misrepresentation of fact or law, or omits a fact necessary to

make the statement considered as a whole not materially misleading;

(2)

Is likely to create an unjustified expectation about results the lawyer can achieve,

or states or implies that the lawyer can achieve results by means that violate the Code of

Professional Responsibility or other law;

he following:

(1)

Contains a material misrepresentation of fact or law, or omits a fact necessary to

make the statement considered as a whole not materially misleading;

(2)

Is likely to create an unjustified expectation about results the lawyer can achieve,

or states or implies that the lawyer can achieve results by means that violate the Code of

Professional Responsibility or other law;

(3)

Is subjectively self-laudatory, or compares a lawyer's services with other lawyers'

services, unless the comparison can be factually substantiated.

(D)

The following information with regard to lawyers, law firms, or members of firms

will be presumed to be informational rather than solely promotional or self-laudatory, and

acceptable for dissemination under these rules, if accurate and presented in a dignified manner:

(1)

Name or names of lawyer, law firm, and professional associates, together with

their addresses and telephone numbers, with designations such as "Lawyer," "Attorney," "Law

Firm";

(2)

Field or fields of practice, limitations of practice, or areas of concentration, but

only to the extent permitted by DR 2-105;

(3)

Date and place of birth;

(4)

Dates and places of admission to the bar of the state and federal courts;

(5)

Schools attended, with dates of graduation and degrees conferred;

(6)

Legal teaching positions held at accredited law schools;

(7)

Authored publications;

(8)

Memberships in bar associations and other professional organizations;

(9)

Technical and professional licenses;

(10)

Military service;

(11)

Foreign language abilities;

(12)

Subject to DR 2-103, prepaid or group legal service programs in which the lawyer

or firm participates;

(13)

Whether credit cards or other credit arrangements are accepted;

s;

(7)

Authored publications;

(8)

Memberships in bar associations and other professional organizations;

(9)

Technical and professional licenses;

(10)

Military service;

(11)

Foreign language abilities;

(12)

Subject to DR 2-103, prepaid or group legal service programs in which the lawyer

or firm participates;

(13)

Whether credit cards or other credit arrangements are accepted;

(14)

Office and telephone answering services hours.

(E)(1) Any of the following information with regard to fees and charges, if presented in a

dignified manner, is acceptable for communication to the public in the manner stipulated by DR

2-101(B):

(a)

Fee for an initial consultation;

(b)

Availability upon request of either a written schedule of fees or of an estimate of

the fee to be charged for specific services;

(c)

Contingent fee rates, subject to DR 2-106(C), provided that the statement

discloses whether percentages are computed before or after deduction of costs and expenses and

advises the public that, in the event of an adverse verdict or decision, the contingent fee litigant

could be liable for payment of court costs, expenses of investigation, expenses of medical

examinations, and costs incurred in obtaining and presenting evidence;

(d)

Fixed fee or range of fees for specific legal services or hourly fee rates, provided

the statement discloses that;

(i)

Stated fixed fees or range of fees will be available only to clients whose matters

are included among the specified services;

(ii)

If the client's matter is not included among the specified services or if no hourly

fee rate is stated, the client will be entitled, without obligation, to a specific written estimate of

the fee likely to be charged.

(2)(a) If a lawyer or a law firm quotes a fee for a service in an advertisement or direct

mail solicitation, the service must be rendered for no more than the fee advertised or quoted.

client's matter is not included among the specified services or if no hourly

fee rate is stated, the client will be entitled, without obligation, to a specific written estimate of

the fee likely to be charged.

(2)(a) If a lawyer or a law firm quotes a fee for a service in an advertisement or direct

mail solicitation, the service must be rendered for no more than the fee advertised or quoted.

(b)

Unless otherwise specified in the advertisement, if a lawyer or a law firm includes

any fee information in a publication that is published more frequently than one time per month,

the lawyer or law firm shall be bound by any representation made in the advertisement for a

period of not less than thirty days after such publication. If a lawyer or law firm publishes any

fee information in a publication that is published once a month or less frequently, the lawyer or

law firm shall be bound by any representation made in the advertisement until the publication of

the succeeding issue. If a lawyer or law firm advertises any fee information in a publication that

has no fixed date for publication of a succeeding issue, the lawyer or law firm shall be bound by

any representation made in the advertisement for a reasonable period of time after publication,

but in no event less than one year.

(c)

Unless otherwise specified, if a lawyer or law firm broadcasts any fee information

by radio or television, the lawyer or law firm shall be bound by any representation made in the

broadcast for a period of not less than thirty days after the date of the broadcast.

(F)(1) A lawyer shall not make any solicitation of legal business in person or by

telephone, except as provided in DR 2-103 and DR 2-104.

otherwise specified, if a lawyer or law firm broadcasts any fee information

by radio or television, the lawyer or law firm shall be bound by any representation made in the

broadcast for a period of not less than thirty days after the date of the broadcast.

(F)(1) A lawyer shall not make any solicitation of legal business in person or by

telephone, except as provided in DR 2-103 and DR 2-104.

(2)

A lawyer or law firm may engage in written solicitation by direct mail addressed

to persons or groups of persons who may be in need of specific legal service by reason of a

circumstance, condition, or occurrence that is known or, upon reasonable inquiry, could be

known to the soliciting lawyer or law firm, provided the letter of solicitation:

(a)

Discloses accurately and fully the manner in which the lawyer or law firm became

aware of and verified the identity and specific legal need of the addressee;

(b)

Disclaims any prior acquaintance or contact with the addressee and avoids any

personalization in approach unless the facts are otherwise;

(c)

Disclaims or refrains from expressing any predetermined evaluation of the merits

of the addressee's case;

(d)

Conforms to standards required by these rules with respect to information

acceptable for inclusion in media advertising by lawyers and law firms;

(e)

Includes in its text and on the envelope in which mailed, in red ink and in type no

smaller than 10 point, the recital –“ADVERTISEMENT ONLY.”

(3)

The provisions of division (F)(2) of this rule shall not apply to organizations

defined in DR 2-103(D)(1).

standards required by these rules with respect to information

acceptable for inclusion in media advertising by lawyers and law firms;

(e)

Includes in its text and on the envelope in which mailed, in red ink and in type no

smaller than 10 point, the recital –“ADVERTISEMENT ONLY.”

(3)

The provisions of division (F)(2) of this rule shall not apply to organizations

defined in DR 2-103(D)(1).

(4)

Prior to mailing a written solicitation of legal business pursuant to division (F)(2)

of this rule to a party who has been named as a defendant in a civil action, a lawyer or law firm

shall verify that the party has been served with notice of the action filed against that party.

Service shall be verified by consulting the docket of the court in which the action was filed to

determine whether mail, personal, or residence service has been perfected or whether service by

publication has been completed. Division (F)(4) of this rule shall not apply to the solicitation of

a debtor regarding representation of the debtor in a potential or actual bankruptcy action.

(G)

A lawyer shall not directly or indirectly compensate or give any thing of value to

representatives of the press, radio, television, or other communication medium in anticipation of

or in return for professional publicity in a news item.

(H)(1) If a communication is sent by a lawyer to a prospective client or a relative of a

prospective client within thirty days of an accident or disaster that gives rise to a potential claim

for personal injury or wrongful death, the following “Understanding Your Rights” must be

enclosed with the communication.

UNDERSTANDING YOUR RIGHTS*

If you have been in an accident, or a family member has been injured or

killed in a crash or some other incident, you have many important decisions to

make. We believe it is important for you to consider the following:

se to a potential claim

for personal injury or wrongful death, the following “Understanding Your Rights” must be

enclosed with the communication.

UNDERSTANDING YOUR RIGHTS*

If you have been in an accident, or a family member has been injured or

killed in a crash or some other incident, you have many important decisions to

make. We believe it is important for you to consider the following:

1.

Make and keep records - If your situation involves a motor vehicle crash, regardless of

who may be at fault, it is helpful to obtain a copy of the police report, learn the identity of any

witnesses, and obtain photographs of the scene, vehicles, and any visible injuries. Keep copies of

receipts of all your expenses and medical care related to the incident.

2.

You do not have to sign anything - You may not want to give an interview or recorded

statement without first consulting with an attorney, because the statement can be used against

you. If you may be at fault or have been charged with a traffic or other offense, it may be

advisable to consult an attorney right away. However, if you have insurance, your insurance

policy probably requires you to cooperate with your insurance company and to provide a

statement to the company. If you fail to cooperate with your insurance company, it may void

your coverage.

3.

Your interests versus interests of insurance company - Your interests and those of the

other person’s insurance company are in conflict. Your interests may also be in conflict with

your own insurance company. Even if you are not sure who is at fault, you should contact your

own insurance company and advise the company of the incident to protect your insurance

coverage.

4.

There is a time limit to file an insurance claim - Legal rights, including filing a lawsuit,

are subject to time limits. You should ask what time limits apply to your claim. You may need

to act immediately to protect your rights.

n if you are not sure who is at fault, you should contact your

own insurance company and advise the company of the incident to protect your insurance

coverage.

4.

There is a time limit to file an insurance claim - Legal rights, including filing a lawsuit,

are subject to time limits. You should ask what time limits apply to your claim. You may need

to act immediately to protect your rights.

5.

Get it in writing - You may want to request that any offer of settlement from anyone be

put in writing, including a written explanation of the type of damages which they are willing to

cover.

6.

Legal assistance may be appropriate - You may consult with an attorney before you

sign any document or release of claims. A release may cut off all future rights against others,

obligate you to repay past medical bills or disability benefits, or jeopardize future benefits. If

your interests conflict with your own insurance company, you always have the right to discuss

the matter with an attorney of your choice, which may be at your own expense.

7.

How to find an attorney - If you need professional advice about a legal problem but do

not know an attorney, you may wish to check with relatives, friends, neighbors, your employer or

co-workers who may be able to recommend an attorney. Your local bar association may have a

lawyer referral service that can be found in the Yellow Pages.

8.

Check a lawyer’s qualifications - Before hiring any lawyer, you have the right to know

the lawyer’s background, training, and experience in dealing with cases similar to yours.

9.

How much will it cost? - In deciding whether to hire a particular lawyer, you should

discuss, and the lawyer’s written fee agreement should reflect:

yer referral service that can be found in the Yellow Pages.

8.

Check a lawyer’s qualifications - Before hiring any lawyer, you have the right to know

the lawyer’s background, training, and experience in dealing with cases similar to yours.

9.

How much will it cost? - In deciding whether to hire a particular lawyer, you should

discuss, and the lawyer’s written fee agreement should reflect:

a.

How is the lawyer to be paid? If you already have a settlement offer, how

will that affect a contingent fee arrangement?

b.

How are the expenses involved in your case, such as telephone calls,

deposition costs, and fees for expert witnesses, to be paid? Will these costs be

advanced by the lawyer or charged to you as they are incurred? Since you are

obligated to pay all expenses even if you lose your case, how will payment be

arranged?

c.

Who will handle your case? If the case goes to trial, who will be the trial

attorney?

This information is not intended as a complete description of your legal rights, but as a

checklist of some of the important issues you should consider.

*THE SUPREME COURT OF OHIO, WHICH GOVERNS THE CONDUCT OF

LAWYERS IN THE STATE OF OHIO, NEITHER PROMOTES NOR PROHIBITS THE

DIRECT SOLICITATION OF PERSONAL INJURY VICTIMS. THE COURT DOES

REQUIRE THAT, IF SUCH A SOLICITATION IS MADE, IT MUST INCLUDE THE

ABOVE DISCLOSURE.

(2)

The communication described in division (H)(1) of this rule must meet all of the

other requirements of these rules.

(3)

The communication described in division (H)(1) of this rule applies to any

communication sent by a lawyer, on the lawyer’s behalf, or by the lawyer’s firm, partner,

associate, or any other lawyer affiliated with the lawyer or the lawyer’s firm.