Fifth Street Towers
100 South 5th Street, Suite 1500
Minneapolis, MN 55402-1254
On May 18, 2022, the Minnesota Supreme Court issued an Administrative Order in response to two motions to amend the Minnesota Rules of Professional Conduct (“MRPC”) governing advertising and solicitation. The motions, brought by the Lawyers Professional Responsibility Board and the Minnesota State Bar Association, sought to update Minnesota’s lawyer-advertising rules as set out in Rules 7.2 to 7.5, MRPC. While the Court did not adopt all of the requested changes, the adopted amendments provide important clarifications regarding various advertising issues that commonly confront Minnesota lawyers and law firms.
The Court first adopted a change to Rule 7.2, MRPC, which governs communications regarding a lawyer’s services. That Rule has been amended to clarify that communications may be made through any type of media. In addition, the Court adopted a change to explicitly permit “nominal gifts as an expression of appreciation that are neither intended nor reasonably expected to be a form of compensation for recommending a lawyer’s services.” Rule 7.2(b)(5). This clarifies that attorneys are able to give “nominal gifts” (i.e., tickets, drinks, dinners, etc.) to referral sources within the bounds of the MRPC.
In addition, the Rule regarding listing oneself as a “specialist” was moved and slightly modified. That Rule governs the circumstances in which a lawyer may describe or imply that they are a “specialist” in a particular field of law. Under the Court’s amendments, the Rule was moved from Rule 7.4(d) to Rule 7.2(c).
Finally, the Rules were amended to clarify the conduct that is defined as “solicitation” to make clear that an attorney must only follow the solicitation rules (rather than general advertisement rules) only when the communication for an attorney’s services is being directed to “a specific person whom the lawyer knows or reasonably should know needs legal services in a particular matter and that offers to provide . . . legal services for that matter.” It also amends Rule 7.3(b) to allow solicitation to individuals who have a prior relationship with the attorney’s “law firm” as opposed to a direct and personal relationship.
Contact Aram Desteian if you have any questions regarding the Rules update.
Bassford Remele proudly serves as local and national counsel for many major corporations and Fortune 500 Companies and is a go-to litigation firm representing local, national, and international clients in state and federal courts across the region.
Bassford Remele | May 18, 2022
Michael Klutho Receives Award and Presents on Answering Dispute Questions
Michael Klutho recently received the Receivables Professional of the Year Award from Receivables...
Steve Plunkett Obtains Defense Jury Verdict in Skilled Nursing Facility Case
Steve Plunkett received a jury defense verdict in a nursing home trial in Eau Claire, Wisconsin....
Bassford Remele to Host Women's Leadership Summit
Walking Through Fire Together Bassford Remele proudly announces its First Annual Women’s Leadership...