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Okla. R. Prof'l Conduct 7.1

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Rule 7.1 Communications Concerning a Lawyer's Services

Information About Legal Services

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Rule Text

A lawyer shall not make a false or misleading communication about the lawyer or the lawyer's services. A communication is false or misleading if it contains a material misrepresentation of fact or law, or omits a fact necessary to make the communication considered as a whole not materially misleading.

Amendment history: Amended by order of the Supreme Court, 2007 OK 22 ; effective January 1, 2008. ( superseded document available ) Amended by Order of the Supreme Court, 2017 OK 52 ; effective June 19, 2017. ( superseded document available )

Plain-English Summary (for reference only — not a substitute for the rule text above)

This summary is not the rule. The rule text controls.

Lawyers can't lie or mislead people when they advertise their services or talk about themselves professionally. This covers any false statements about facts or law, but it also covers leaving out important information. If leaving something out would give people the wrong idea, that counts as misleading too, even if every word technically said was true.

This means a lawyer's ads, website, business cards, and other marketing materials all need to be honest and complete enough that they don't create a false impression. For example, a lawyer can't claim results they didn't actually achieve, or make comparisons to other lawyers that aren't backed up by real facts. They also can't leave out key details if doing so would trick someone into thinking something that isn't true.

This rule protects the public from being fooled by slick marketing. When you're looking for a lawyer, you should be able to trust that what they say about themselves and their work is accurate and gives you the full picture, not just the parts that make them look good.

Committee Notes

[1] 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 must be truthful.

[2] Truthful statements that are misleading are also 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 also misleading if there is a substantial likelihood that it will lead a reasonable person to formulate a specific conclusion about the lawyer or the lawyer's services for which there is no reasonable factual foundation.

[3] An advertisement that truthfully reports a lawyer's achievements on behalf of clients or former clients may be misleading if presented so as to lead a reasonable person to form an unjustified expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client's case. Similarly, an unsubstantiated comparison of the lawyer's services or fees with the services or fees of other lawyers may be misleading if presented with such specificity as would lead a reasonable person to conclude that the comparison can be substantiated. The inclusion of an appropriate disclaimer or qualifying language may preclude a finding that a statement is likely to create unjustified expectations or otherwise mislead the public.

[4] See also Rule 8.4(e) for the prohibition against stating or implying an ability to influence improperly a government agency or official or to achieve results by means that violate the Rules of Professional Conduct.

← Previous Rule 6.5: Nonprofit and Court-Annexed Limited Legal Services Programs Next → Rule 7.2: Advertising

Cross-References

Referenced By (3)

Rules Prof. Conduct Rule 7.5 Rules Prof. Conduct Rule 7.2 Rules Prof. Conduct Rule 5.5