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Ethical Marketing for Lawyers in the United States

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.

Idaho Marketing Rules

  • Relevant Citations: IRPC 7.1-7.6
  • 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): Yes
  • Date of Last Revision: 2014

Comments

Idaho closely follows the Model Rules of Professional Conduct, with “some Idaho variations.”  IRPC, Preamble.  As with many states, Idaho blocks direct solicitation of clients that are not lawyers, the soliciting attorney’s family, or close friends of the soliciting attorney.  There are no institutional exceptions provided (as is permitted in Connecticut).  See IRPC 7.3(a).   

Attorneys are not restricted as to the platforms they use for advertising or the content therein (as they are in Florida).  See IRPC 7.1, Commentary.

They are required to retain copies of their advertisements and record when and where the advertisements are used. 

With respect to the mandatory language required for ethical attorney advertising in Idaho, all advertisements must include the name and address of at least one lawyer responsible for the content, and must be clearly marked with the words “Advertising Material” (either on the outside of written advertising or at the beginning and end of recorded advertising).  See IRPC 7.1(d) and 7.3(c).