Rule 7.2.Advertising 
 (a)A lawyer may advertise a lawyer's services or fees through any 
 public media, such as a telephone directory, legal directory, newspaper or 
 other periodical, outdoor advertising, radio or television, electronic media 
 or 
 through written or recorded communication including those governed by Rule 
 7.3, to prospective clients, consumers or the public at large.  Such 
 communications shall be referred to as "advertisements." 
  
 (b)A copy or recording of an advertisement shall be kept by the lawyer 
 for four years after its last dissemination along with a record of when and 
 where it was used. 
  
 (c)A lawyer shall not give anything of value to a person for recommending 
 the lawyer's services, 
 except that a lawyer may: 
  
 (1)Pay the reasonable costs of advertisements permitted by this rule; 
  
 (2)Pay the usual charges of a not-for-profit lawyer referral service or 
 legal service organization; and 
  
 (3)Pay for a law practice in accordance with Rule 1.17. 
  
 (d)Any advertisement made pursuant to this rule shall include the name 
 of at least one lawyer responsible for its content. 
  
 (e)All advertisements governed by this rule shall also comply with the 
 requirements of Rules 7.1 and 7.4. 
  
 

                                                                
ANNOTATIONSSource: 
 (c)(1), (2), and (3) amended and adopted June 12, 1997, 
 effective July 1, 1997; 
 entire rule and comment amended and adopted June 12, 1997, 
 effective January 1, 1998. 
  
  
  
 COMMENT 
 To assist the public in obtaining legal services, lawyers should be allowed 
 to make known their services not only through reputation but also through 
 organized information campaigns in the form of advertising.  Advertising 
 involves an active quest for clients, contrary to the tradition that a lawyer 
 should not seek clientele.  However, the public's need to know about legal 
 services can be fulfilled in part through advertising.  This need is 
 particularly acute in the case of persons of moderate means who have not made 
 extensive use of legal services.  The interest in expanding public information about legal 
 services ought to prevail over considerations of 
 tradition.  Nevertheless, advertising by lawyers entails the risk of practices that are 
 misleading or overreaching. 
  
 Questions of effectiveness and taste in advertising are matters of 
 speculation and subjective judgment.  Some jurisdictions have had extensive 
 prohibitions against television advertising, against advertising going beyond 
 specified facts about a lawyer, or against "undignified" advertising. 
 Television is now one of the most powerful media for getting information to 
 the 
 public, particularly persons of low and moderate income; prohibiting 
 television 
 advertising, therefore, would impede the flow of information about legal 
 services to many sectors of the public.  Limiting the information that may 
 be advertised has a similar effect and assumes that the bar can accurately 
 forecast the kind of information that the public would regard as relevant. 
  
 Neither this Rule nor Rule 7.3 prohibits communications authorized by law, 
 such as notice to members of a class in class action litigation. 
  
 Record of Advertising 
 Paragraph (b) requires that a record of the content and use of advertising 
 be kept in order to facilitate enforcement of this Rule.  It does not require 
 that advertising be subject to review prior to dissemination.  Such a 
 requirement would be burdensome and expensive relative to its possible 
 benefits, and may be of doubtful constitutionality. 
  
 Paying Others to Recommend a Lawyer 
 A lawyer is allowed to pay for advertising permitted by the Rule, and for 
 the purchase of a law practice in accordance with the provisions of Rule 
 1.17, but 
 otherwise is not permitted to pay another person for channeling professional 
 work.  This restriction does not prevent an organization or person 
 other than the lawyer from advertising or recommending the lawyer's services. 
 Thus, a legal aid agency or prepaid legal services plan may pay to advertise 
 legal services provided under its auspices.  Likewise, a lawyer may 
 participate in not-for-profit lawyer referral programs and pay the usual fees 
 charged by such programs. 
 Paragraph (c) does not prohibit paying regular compensation to an assistant, 
 such as a secretary, to prepare communications permitted by this Rule. 
  
 Editor's note: 
 The only change to this comment as a result of the 1997 amendments are in the 
 last paragraph. 
  
  
  
 ANNOTATION 
  
 Annotator's note. 
 Rule 7.2 is similar to 
 DR 2-101, DR 2-102, and DR 2-103 
 as they 
 existed prior to the 1992 repeal and reenactment of the Code of 
 Professional Responsibility. 
 Relevant cases construing 
 DR 2-101 and DR 2-102 have been included in the annotations to Rule 7.1. 
 Cases construing DR 2-103 have been included under Rule 1.5. 
  
 Public censure was appropriate where attorney continued to advertise 
 with 
 an unapproved, for-profit attorney referral service and where attorney had 
 previously been disciplined with regard to use of client funds and was on 
 suspension at the time of censure.  People v. Mason, 938 P.2d 133 (Colo. 
 1997).