Ohio Board Advisory Opinion Op 05-009

The Supreme Court of Ohio
BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE
65 SOUTH FRONT STREET, 5TH FLOOR, COLUMBUS, OH 43215-3431
(614) 387-9370 (888) 664-8345 FAX: (614) 387-9379
www.sconet.state.oh.us
OFFICE OF SECRETARY
OPINION 2005-9
Issued December 2, 2005
[CPR Opinion-provides advice under the Ohio Code of Professional Responsibility
which is superseded by the Ohio Rules of Professional Conduct, eff. 2/1/2007.]
SYLLABUS: A lawyer may not advertise legal services with coupons for free
consultation or dollars off the cost of legal services. Advertising legal services
with fee coupons is a characterization of the fees as “discount” or “special” and
does not comply with DR 2-101(A)(5). Although a lawyer may not use fee
coupons, a lawyer may advertise information regarding fees and charges as set
forth in DR 2-101(E)(1), if presented in compliance with DR 2-101(B). Because
DR 2-101(E)(1)(a) permits advertisement of fee information regarding an initial
consultation, a lawyer may state in an advertisement whether an initial
consultation is free. Prohibiting the use of fee coupons in lawyer advertising does
not interfere with a lawyer’s exercise of independent professional judgment in
setting fees for legal services at a rate that is reasonable and not excessive under
the factors set forth in DR 2-106(B).
OPINION: This opinion addresses a question regarding advertisement of legal
services.
Is it proper for a lawyer’s advertisement to include a coupon for
dollars off the cost of legal services or a coupon for a free initial
consultation?
DR 2-101(A)(5) of the Ohio Code of Professional Responsibility explicitly
prohibits the characterization of fees and rates as “discount” or “special.”
DR 2-101(A) A lawyer shall not, on his or her own behalf or that of a
partner, associate, or other lawyer affiliated with the lawyer or the
lawyer’s firm, use, or participate in the use of, any form of public
communication, including direct mail solicitation, that:
(5) Contains characterizations of rates or fees
chargeable by the lawyer or law firm, such as “cut-
rate,” “lowest,” “giveaway,” “below cost,” “discount,”
and “special;” however, use of characterizations of
rates or fees such as “reasonable” and “moderate” is
acceptable.

Op. 2005-9 2
A coupon for dollars off legal services or a coupon for a free consultation is a
characterization of a lawyer’s rates and fees as “discount” or “special.” Because
Ohio’s DR 2-101(A)(5) explicitly prohibits the characterization of fees and rates as
“discount” or “special” it is improper for a lawyer’s advertisement to include a
coupon for dollars off legal services or a coupon for a free consultation.
Across the nation, opinions differ as to the use of coupons in legal advertising.
Some advisory committees view lawyers’ advertisements with coupons for
discounts on legal services as improper. See, Bar Assn. Nassau County, Op. 83-2
(1983); Maryland State Bar Assn. Op. 86-18 (undated). Some advisory
committees view coupons for discounts on legal services as proper. See, Alabama
State Bar, Op. 87-134 (1987); Connecticut Bar Assn. Op. 94-23 (1994); State Bar
of Michigan, Op. CI-704 (1981); Philadelphia Bar Assn. Op. 92-12 (1992); South
Carolina Bar, Op. 96-27 (1997). Some committees view coupons for free initial
consultation as proper. See Cincinnati Bar Assn, Op. 91-92-02 (undated); State
Bar of Texas, Op. 452 (1987) (may use if advertisement is in compliance with
provisions on advertising and solicitation).
But, Ohio lawyers are bound by Ohio’s disciplinary rules. Ohio’s rule prohibits
the characterization of fees and rates as “discount” or “special.”
Thus, this Boards advises that a lawyer may not advertise legal services with
coupons for free consultation or dollars off the cost of legal services. Advertising
legal services with fee coupons is a characterization of the fees as “discount” or
“special” and does not comply with DR 2-101(A)(5). Although a lawyer may not
use fee coupons, a lawyer may advertise information regarding fees and charges
as set forth in DR 2-101(E)(1), if presented in compliance with DR 2-101(B).
Because DR 2-101(E)(1)(a) permits advertisement of fee information regarding
an initial consultation, a lawyer may state in an advertisement whether an initial
consultation is free. Prohibiting the use of fee coupons in lawyer advertising does
not interfere with a lawyer’s exercise of independent professional judgment in
setting fees for legal services at a rate that is reasonable and not excessive under
the factors set forth in DR 2-106(B).
Advisory Opinions of the Board of Commissioners on Grievances and
Discipline are informal, nonbinding opinions in response to
prospective or hypothetical questions regarding the application of the
Supreme Court Rules for the Government of the Bar of Ohio, the
Supreme Court Rules for the Government of the Judiciary, the Code
of Professional Responsibility, the Code of Judicial Conduct, and the
Attorney’s Oath of Office.