Comment
This Rule governs all communications about a lawyer's services, including advertising permitted by Rule 7.2. Whatever means are used to make known a lawyer's services, statements about them should be truthful. The prohibition in paragraph (b) of statements that may create “unjustified expectations” would ordinarily preclude advertisements about results obtained on behalf of a client, such as the amount of a damage award or the lawyer's record in obtaining favorable verdicts, and advertisements containing client endorsements. Such information may create the unjustified expectation that similar results can be obtained for others without reference to the specific factual and legal circumstances.
Comparison with Former Alabama Code of Professional Responsibility Rule 7.1 is a direct counterpart to Temporary DR 2-101, which was substantially adopted from Model Rule 7.1.
Comment to Rule 7.1 as Amended Effective January 1, 2026
Under Rule 8.5, Rule 7.1 applies to lawyers, whether or not admitted to practice in Alabama, who communicate with prospective clients about legal services in Alabama or who direct communications about legal services to Alabama residents.
As used in this Rule, "lawyer" includes the lawyer's law firm.
A "prospective client" as used in these Rules is someone whom a reasonable lawyer making the communication would consider a potential client or someone whom the lawyer seeks to represent if given the opportunity. As an example, individuals who watch or hear a lawyer's commercial, view a lawyer's billboard, or access a lawyer's website are prospective clients in most instances.
Misleading truthful statements are prohibited by this Rule. A truthful statement is misleading if it omits a fact necessary to make the lawyer's communication, considered as a whole, not materially misleading. A truthful statement is misleading if a substantial likelihood exists that it will lead a reasonable person to form a specific conclusion about the lawyer or the lawyer's services for which there is not a reasonable factual foundation. A truthful statement is misleading if it creates a likelihood that a reasonable person would believe the lawyer's communication requires that person to take further action when, in fact, no action is required.
Lawyers who are not in a firm together may not imply or say that they practice together.
Although a lawyer from another state may petition an Alabama court to be admitted pro hac vice in a specific Alabama action, no law authorizes a lawyer to be admitted pro hac vice on a general or permanent basis in the State of Alabama. A lawyer not licensed to practice law in Alabama shall not direct a communication about the lawyer's services to prospective clients in Alabama without disclosing that the lawyer is not licensed to practice law in Alabama and otherwise complying with these Rules.
A communication about a lawyer's services is subject to these Rules if it reasonably is expected to be seen or heard by Alabama residents and does not specifically state that the lawyer or the lawyer's firm will not represent clients in Alabama. In certain limited situations, a lawyer not licensed in Alabama may be authorized to provide Alabama residents legal services in another jurisdiction. For example, in a class-action suit in another state or in a federal-court action in another state, including bankruptcy and immigration actions, a lawyer not licensed in Alabama may represent Alabama residents in the litigation. Any communication by the lawyer disseminated within Alabama or directed at Alabama residents, however, must comply with these Rules.
Note from the reporter of decisions: The order amending Rule 7.1, effective immediately, is published in that volume of Alabama Reporter that contains Alabama cases from 763 So.2d.
Note from the reporter of decisions: The order amending Rule 7.1, Rule 7.2, the Comment to Rule 7.2, Rule 7.3, the Comment to Rule 7.3, Rule 8.5, and the Comment to Rule 8.5, Alabama Rules of Professional Conduct; adopting the Comment to Rule 7.1, Alabama Rules of Professional Conduct, as Amended Effective January 1, 2026; and amending Rule 1(a)(1), Alabama Rules of Disciplinary Procedure, effective January 1, 2026, is published in that volume of Alabama Reporter that contains Alabama cases from __ So. 3d.
