Attorney Advertising Rules: Essential Compliance Guide for Law Firms

As a lawyer, your advertising strategy is key to attracting potential clients, but did you know that failing to follow advertising rules—linked to 17% of disciplinary actions, according to the American Bar Association (ABA)—can result in serious disciplinary action? From misleading statements to incomplete disclosures, even small oversights in your marketing can put your professional reputation at risk.

Moreover, getting your advertising right doesn't need to be overwhelming. With a clear understanding of the requirements, you can create effective legal marketing campaigns that attract potential clients and meet all regulatory standards.

In this article, we'll break down the top advertising rules every lawyer must follow to stay on the right side of the law and grow their practice.

Attorney Advertising Rules and Regulations You Need to Know

A quick glance at the American Bar Association's Model Rules of Professional Conduct and you might think that the laws surrounding attorney advertisements are minimal and straightforward. At a closer look, lawyers must navigate different state rules of professional responsibility, bar association advisory opinions, and even rulings from the Federal Trade Commission.

We've outlined some tips to help align your marketing strategy and advertised legal services with the American Bar Association's rules.

1. Don't Use the Term ‘Expert’ When Advertising

Even if you're proud of your law firm's success, it's typically against the rules to claim that you are an ‘expert' or ‘specialist' unless you have the formal certifications to back it up. This is the first and one of the basic lawyer advertising rules! Rule 7.2 in the American Bar Association notes that lawyers shouldn't imply that they specialize in a practice area unless they've been formally certified by an ABA-accredited organization authorized by their state, district, or U.S. territory.

A legal specialist in California, for instance, must have practiced law continuously for a set number of years, with a specific portion of that time dedicated to practicing that specialty. Make sure you check any web page with “expert” or similar language to make sure you’re not violating any law firm's advertising rules.

2. Avoid Making False or Misleading Statements

Lawyer advertising demands absolute accuracy, where even the slightest exaggeration can trigger serious professional consequences. What are those false or misleading communications? Making claims about practice areas you don't handle, guaranteeing specific case outcomes, or using unverifiable statements like being "the best" in your field. Rule 7.4, for instance, provides critical guidance for lawyers advertising their areas of practice. Attorneys can state their practice areas or specialties, but cannot claim "certified specialist" status without verification from an approved organization and clear identification of that certifying body.

Focus on highlighting your genuine strengths through authentic client success stories and verifiable testimonials. Demonstrate your expertise by sharing specific insights, case strategies, and your firm's unique approach to legal challenges.

Always strive to make your legal statements as honest and accurate as possible. Show your clients how amazing you are through client success stories and testimonials.

3. Only Provide Testimonials at the Client’s Permission

Client testimonials are powerful trust-building tools that help with reputation, but they come with strict ethical guidelines. Under Rule 7.2(b), testimonials must be genuine, uncoerced, and represent typical outcomes. Lawyers cannot write, edit, or manipulate client reviews, and must include disclaimers about past results.

Focus on highlighting your genuine strengths through authentic client success stories and verifiable testimonials. Demonstrate your expertise by sharing specific insights, case strategies, and your firm's unique approach to legal challenges.

4. Keep Away From Direct Solicitation of Legal Services

ABA Rule 7.3 focuses on attorney solicitation of clients and the regulations surrounding a lawyer's services. A lawyer cannot seek professional employment through live, one-on-one communication if the lawyer or law firm has a major financial interest. The situation changes in Rule 7.3 (b) if the contact is with a lawyer or someone with a familial, close personal, or former business or professional relationship with the lawyer or law firm.

However, if the person falls into the second group but has expressed a desire not to be solicited by the lawyer or the situation involves coercion, duress, or harassment, the prohibition remains. Rule 7.3(c) does not prohibit communications required by law or that are mandated by a tribunal or court.

5. Keep Copies of Ads if Necessary

Before you jump from one advertising campaign to another, make sure to research whether or not you'll need to keep copies. Depending on your jurisdiction, you might need to keep physical and/or digital copies of your attorney's ads for a particular time.

When it comes to law firm websites, many jurisdictions also require that the site content, including major redesigns or content changes, be preserved at least once every three months. Keeping copies of everything in today's digital age is always a good idea.

6. Use Disclaimers When Inviting Actors or Spokespersons to Advertise

Many states have lawyer advertising rules requiring clear disclaimers when using non-attorney actors or spokespersons, while others prohibit this approach entirely. 

You can submit your television or radio ads to your state bar association when in doubt. They will either provide you with approval or deny your ad.

7. Know Whether You Need to Include Your Address

This vital detail provides prospective clients with a roadmap to your firm, fostering trust and accessibility. The crux lies in whether featuring this information is necessary, as this requirement fluctuates across jurisdictions.

Understanding when and where to display your physical office address is not just a matter of regulatory adherence but a strategic move to ensure your law firm is easily locatable, setting the stage for establishing a credible and approachable presence in the legal arena.

8. Know if You can Use Your Trade Name

The use of trade names in lawyer advertising varies across different jurisdictions. Do some research to determine whether your creative trade name can take center stage in your promotional materials. While some jurisdictions embrace the use of distinctive trade names as a means of brand identity, others impose stringent restrictions.

Balancing creativity and adherence to regulatory frameworks ensures that your law firm's trade name becomes a powerful brand asset, fostering recognition without compromising professional integrity.

9. Don't Bring Up Your Competition Directly

In attorney advertisements, direct references to competitors are strictly prohibited by legal advertising rules. Mentioning other law firms or making direct comparisons violates professional conduct standards and can result in ethical violations.

So instead, showcase your firm's unique value proposition, highlight specialized practice areas, and share success metrics that demonstrate your expertise without referencing competitors.

10. Identify the Lawyer or Law Firm

Rule 7.5 mandates that every advertisement must display the name and contact information of at least one lawyer or law firm responsible for its content. Failure to include this information violates lawyer advertising regulations and can invalidate your marketing materials. Remember that your identity shows a direct line of professional responsibility that builds trust before they even read about your services.

Pro Tip: Create a consistent signature block with your firm's name, primary attorney contact, office address, phone number, and website for all marketing materials.

Key Advertising Rules for Lawyers in Different States

While the federal guidelines we have discussed in the previous section provide a baseline, each state has nuanced advertising rules for attorneys that can significantly impact how law firms market their services. Review your state's requirements below to ensure compliance and protect potential clients.

— Retention Requirements of Lawyer Ads in NYS

In New York State, the Bar Association has established comprehensive ethics rules regarding the retention of advertising materials for lawyer's services. According to Rule 7.1, all advertisements must receive pre-approval from the law firm or lawyer, with copies maintained for a minimum of three years following initial dissemination. Furthermore, for computer-accessed communications, the retention period is set at one year, while law firm website content must be preserved upon initial publication, major redesigns, or significant content changes, with updates required at least every 90 days.

Moreover, when target clients are presented with fee ranges or hourly rates, lawyers are strictly bound by these advertised amounts. The state bar has also clarified that communications with former clients regarding previous representations aren't considered advertising. Additionally, educational content like newsletters about legal services or blog posts focused on legal developments generally falls outside advertising rules unless it primarily highlights the particular field expertise or achievements of the firm.

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— Accountability of Law Firm Advertising in California

The California State Bar Association has implemented stringent accountability measures for lawyer advertising to protect prospective clients. The ABA model rules require transparency in how lawyers provide legal services, emphasizing the importance of maintaining clear communication standards. A critical aspect of these regulations involves ensuring no misleading communications occur when firms promote their services through any medium, including their law firm's website.

Furthermore, the rules carefully distinguish between different types of professional relationships and legal service plans. The state bar requires that lawyers allowed to participate in referral services must be certified and adhere to strict guidelines. This accountability framework extends to how attorneys can leverage existing client relationships while prohibiting lawyers from making unsubstantiated promises.

— Pre-Approval of Attorneys Ads in Texas

The Texas State Bar has implemented comprehensive regulations requiring attorneys to submit their advertisements for review, ensuring they don't contain false or misleading information about lawyer's services. This process helps maintain high ethical standards while protecting target clients from deceptive marketing practices. The ABA rules specifically outline how lawyers must file their advertising materials with the Advertising Review Committee within ten days of dissemination.

The Bar Association provides options for pre-approval, allowing lawyers to submit materials thirty days before dissemination. This proactive approach ensures compliance with established ethics rules. The process also requires substantial documentation to support any claims made in advertisements, reinforcing the commitment to maintaining professional standards and protecting consumer interests in various practice locations.

— Pre-Filing for Lawyer Advertisments in Florida

The Florida Bar's regulations governing lawyer advertising reflect the ABA model rules while adding state-specific requirements. These guidelines carefully outline how lawyers provide legal services through various marketing channels, including restrictions on direct solicitation and requirements for pre-filing review of certain materials. The rules particularly focus on preventing the creation of fake legal documents or misleading promotional materials.

Additionally, the state bar association maintains strict oversight of how attorneys market their services across different platforms. While some communications require pre-filing review, others, like personal law firm website content, may be exempt but must still adhere to ethical standards. This comprehensive framework ensures that whether through traditional or digital media, all lawyers' services are promoted transparently and ethically, maintaining the integrity of the legal profession while protecting consumer interests.

— Prohibition on Misleading Statements in Lawyer Ads in Illinois

The Illinois State Bar established rigorous standards aligned with the American Bar Association's guidelines to prevent false or misleading advertising by legal professionals. These regulations ensure that when lawyers provide legal services, their communications remain truthful and transparent. The rules specifically address how attorneys can market their expertise in a particular field without creating unjustified expectations among target clients.

Furthermore, the Bar Association emphasizes the importance of including necessary context in all marketing materials. The guidelines  address how lawyers allowed to advertise must handle comparative statements about services or fees, requiring proper substantiation and appropriate disclaimers.

Grow Law Firm Can Help You Navigate Law Firm Advertising

Online legal advertising requires a delicate balance of strategy and compliance. The rules we've explored highlight the complex scope attorneys must navigate when promoting their services. Misleading claims and similar issues could potentially jeopardize your professional standing. Navigating these intricate regulations requires not just knowledge, but consistent, meticulous implementation.

Grow Law Firm offers a comprehensive solution for attorneys seeking to advertise their services effectively and ethically. Our team brings deep expertise in PPC advertising with SEO in mind, understanding the nuanced rules across different states and platforms. So if you are ready to elevate your law firm's marketing without compromising your professional integrity, schedule a consultation with us today.