Attorney’s Guide to Ethical Marketing: Indiana

Introduction

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.

Summary

  • Relevant Citations: IN RPC 7.1-7.5
  • 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 (Y/N): No
  • Date of Last Revision: 2019

Comments

Indiana limits advertising more stringently than the limitations set forth in the Model Rules of Professional Conduct.  IN RPC 7.3 requires that all advertising be recorded and transmitted to the Indiana Supreme Court Disciplinary Commission, along with a $50.00 filing fee, and that the lawyer retain a list of all of the names and addresses (including email addresses) of recipients for no less than one year.  What this means for email marketing, since each change to the mailing must be submitted to the Supreme Court Disciplinary Commission, is that regular monthly or quarterly email newsletters would have to be submitted each time one is sent, a potentially expensive administrative cost for solo practitioners.  Indiana requires that the name of Indiana law firms include the surname of one member of the firm, living or deceased.  See IN RPC 7.5(4)(ii).