Why do you include [ATTORNEY ADVERTISING] in the subject line of your newsletter?
Although under ABA Model Rules of Professional Conduct Rule 8.5(b)(2)(ii) attorneys licensed in more than one state can follow the professional rules of the state “in which the lawyer principally practices,” to the extent possible I strive to follow all professional rules applicable to New York, the District of Columbia, and Georgia, the three states in which I am licensed.
Rule 7.1(f) of the New York Rules of Professional Conduct mandates that the subject line of any email from an attorney that could be construed as advertising must contain the notation “ATTORNEY ADVERTISING”. Although Georgia has not yet updated Rule 7.3 of its Rules of Professional Conduct to address email, the rule does state that in any written communication to a prospective client the words “Advertisement” should appear in type size no smaller than the largest type size used in the body of the communication. The DC Rules of Professional Conduct do not have any labeling requirements at this time.