Attorney’s Guide to Ethical Marketing: Arizona
This post is part of the Attorney’s Guide to Ethical Marketing, a series of posts (and eventually an eBook) that provides attorneys with a summary of key ethical rules for marketing across all fifty states, and the US territories. If you want to be notified when your jurisdiction is covered, subscribe to The Dead Drop, my monthly newsletter covering updates from this site and beyond on marketing, law, and the psychology of persuasion.
• Relevant Citations: A.R.S. Sup. Ct. Rules, Rule 42, Rules of Prof. Conduct, Rule 42, ER 7.1-7.5. The official version of these rules are available at Thompson-Reuters and the State Bar of Arizona (both last visited December 3, 2018).
• Limitations on Direct Contact with Prospective Clients (Y/N): Yes
• Permitted Forms of Marketing
• Traditional Media (Y/N): Yes
• Inbound Marketing (Y/N): Yes
• Social Media Marketing (Y/N): Yes
• Email Marketing (Y/N): Yes
• PPC Advertising (Y/N): Yes
• Mandatory Language (Y/N): Yes
• Opt-Out Requirement (Y/N): Yes
• Retention and Record-Keeping Requirement (Y/N): Yes
• Non-Surname Branding: Yes (with exceptions detailed below)
• Date of Last Revision: 2018
All advertising must have the name and contact information for at least one attorney responsible for the advertisement. All advertising should be marked as “Advertising Material” in a font twice the size of the body text of the advertisement and at the beginning and end of electronic advertisements. If a contract is included with the advertising, it must be watermarked as a sample contract. A copy of all print advertisements must be mailed to the State Bar of Arizona. Print advertisements and permitted solicitations can only be mailed using “regular” US mail, not registered mail, to avoid the appearance of being related to litigation.
Arizona has a unique rule regarding the use of names for law firms. When an attorney who works for or otherwise has an interest in a law firm also holds public office, that attorney’s name cannot be used in the name of the law firm or in communications on behalf of that law firm. See ER 7.5(c) (in many states, this prohibition exists only where the attorney does not practice with the firm).