Add Utah to the still short list of states that have embraced the ABA Model Rules that govern client development. The changes went into effect on November 1st. To see the changes, go here and scroll down to Rules 7.1 through 7.5.
Under Rule 7.1, lawyers should now be able to include testimonials as long as they do not create a material misrepresentation. Also, advertisements are not strictly forbidden from "unsubstantiated comparisons" with other lawyers. The new rule merely requires a lawyer to avoid the impression that an unsubstantiated comparison is factually substantiated. We will have to wait for either case law or ethics opinions to define the scope of these changes, but it is clear the limitations have been relaxed.
Rule 7.2 no longer requires lawyers to keep their advertisements for 2 years, a rule which was little known and probably infrequently honored anyway.
Rule 7.3 explicitly permits lawyers to solicit other lawyers in person.
Rule 7.4 now allows a lawyer to be called a "specialist" as long as it is truthful and does not wrongfully imply that the lawyer is certified as a specialist.
All in all, a pretty good day for law firms that want to get their message out.
