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CBA RECORD 43
failure to include these limitations would
constitute a misleading communication.
Cincinnati Bar Ass’n, 982 N.E.2d at 660
(finding that the firm’s failure to state that
“the free consultation ended when the
prospective client … hired the firm by
signing a fee agreement” was inherently
misleading).
Advertisements of free consultations
should include all limitations on the
consultation. Failure to do so constitutes
a misleading communication. Under the
Illinois Rule of Professional Conduct
1.5(b), attorneys must communicate “to
their client, preferably in writing, the basis
or rate of the fee and expenses for which
the client will be responsible.” Attorneys
should clearly communicate at what point
the free consultation ends and billing
begins. In People v. Pittam, 889 P.2d 678,
679 (Colo. 1995), the court held that the
attorney’s failure to tell the client that there
was a time limit on the free consultation
constituted a misleading statement. This
information should be stated in the adver-
tisement and also be communicated to the
client during the actual consultation.
Ads Must Follow Rules
Although promising free consultations can
be a good way to get potential clients in the
door, attorneys must comply with Illinois
Rules of Professional Conduct 7.1 and 7.2
by ensuring that (1) a lawyer conducts the
consultation, (2) the client is not charged
for any part of the consultation that was
advertised as “free,” and (3) the client
understands and accepts any time or other
restrictions on the offer.