8.41—Solicitation.
(a) Advertising and solicitation restrictions.
(1)
No attorney,
certified public accountant or enrolled practitioner shall, with respect to any
Bureau matter, in any way use or participate in the use of any form of public
communication containing a false, fraudulent, misleading, deceptive, unduly
influencing, coercive or unfair statement or claim. For the purposes of this
subsection, the prohibition includes, but is not limited to, statements pertaining
to the quality of services rendered unless subject to factual verification, claims
of specialized expertise not authorized by State or Federal agencies having
jurisdiction over the practitioner, and statements or suggestions that the ingenuity
and/or prior record of a representative rather than the merit of the matter are
principal factors likely to determine the result of the matter.
(2)
No attorney, certified public accountant or enrolled practitioner shall make,
directly or indirectly, an uninvited solicitation of employment, in matters related
to the Bureau. Solicitation includes, but is not limited to, in-person contacts,
telephone communications, and personal mailings directed to the specific
circumstances unique to the recipient. This restriction does not apply to: (i)
Seeking new business from an existing or former client in a related matter; (ii)
solicitation by mailings, the contents of which are designed for the general public;
or (iii) non-coercive in-person solicitation by those eligible to practice before
the Bureau while acting as an employee, member, or officer of an exempt organization
listed in sections 501(c) (3) or (4) of the Internal Revenue Code of 1954 (26
U.S.C.).
(b) Permissible advertising.
(1)
Attorneys, certified public
accountants and enrolled practitioners may publish, broadcast, or use in a dignified
manner through any means of communication set forth in paragraph (d) of this
section:
(ix)
In the case of an enrolled practitioner, the phrase “enrolled to practice
before the Bureau of Alcohol, Tobacco and Firearms.”
(x)
Other facts relevant to the selection of a practitioner in matters related to
the Bureau which are not prohibited by these regulations.
(2)
Attorneys, certified public accountants and enrolled practitioners may use, to
the extent they are consistent with the regulations in this section, customary
biographical insertions in approved law lists and reputable professional journals
and directories, as well as professional cards, letterheads and announcements: Provided, That (i) attorneys do not violate applicable standards of
ethical conduct adopted by the American Bar Association, (ii) certified public
accountants do not violate applicable standards of ethical conduct adopted by the
American Institute of Certified Public Accountants, and (iii) enrolled practitioners
do not violate applicable standards of ethical conduct adopted by the National Society of Public Accountants.
(c) Fee information.
(1)
Attorneys, certified public accountants and
enrolled practitioners may disseminate the following fee information:
(2)
Attorneys, certified public accountants and enrolled practitioners may also
publish the availability of a written schedule of fees.
(3)
Attorneys, certified public accountants and enrolled practitioners shall be
bound to charge the hourly rate, the fixed fee for specific routine services, the
range of fees for particular services, or the fee for an initial consultation
published for a reasonable period of time, but no less than thirty days from the
last publication of such hourly rate or fees.
(d) Communications.
Communications, including fee information, shall
be limited to professional lists, telephone directories, print media, permissible
mailings as provided in these regulations, radio and television. In the case of
radio and television broadcasting, the broadcast shall be pre-recorded and the
practitioner shall retain a recording of the actual audio transmission.
(e) Improper associations.
An attorney, certified public accountant
or enrolled practitioner may, in matters related to the Bureau, employ or accept
employment or assistance as an associate, correspondent, or subagent from, or share
fees with, any person or entity who, to the knowledge of the practitioner, obtains
clients or otherwise practices in a manner forbidden under this section: Provided, That an attorney, certified public accountant or enrolled
practitioner does not, directly or indirectly, act or hold himself out as authorized
to practice before the Bureau in connection with that relationship. Nothing herein
shall prohibit an attorney, certified public accountant, or enrolled practitioner
from practice before the Bureau in a capacity other than that described above.