Complying With Confidence: 10 Advertising Rules Lawyers Must Follow
The internet offers a multitude of online advertising and marketing opportunities for nearly every business entity imaginable. In 2023 alone, 62% of all advertising was done online, and it is predicted that this percentage will grow by an additional 8.4% in 2024. This is because of the reach that online marketing grants to businesses; for instance, having digital ads can increase brand awareness for a company by up to 80%. Those with Google Ads can reach approximately 90% of internet users, enabling them to generate leads from a wide pool of potential clients.
As such, it is easy to see why many businesses join the online marketing landscape. Legal professionals are increasingly leveraging digital channels like social media, search engines, and websites for advertising, which continues to evolve. Due to the complex nature of the law field, people are more likely to do research before employing an attorney’s services. This grants a law firm the chance to shine among users with queries.
Understanding Legal Advertising
At its core, legal advertising is fundamentally similar to advertising for other businesses that provide services or products. Like most companies, law firms aim to establish brand awareness and generate leads to draw potential clients. For this, they rely on various methods commonly used by companies, such as search engine optimization, pay-per-click advertising, and ad retargeting.
However, instead of relying on catchy logos or slogans, attorneys primarily attract clients by demonstrating their legal expertise. They do this by engaging with people to answer their queries or share information about legal processes. Through this, they can help individuals learn more about laws while presenting themselves as experts they can approach for assistance.
Evolution of Legal Advertising
Advertising traces its roots in the United States as far back as the 18th century, though legal advertising officially took off after 1977. For decades, legal advertising was prohibited, with violators facing the potential suspension of their licenses as lawyers. In line with this, the Legal Clinic of Bates and O’Steen faced disciplinary action from the State Bar of Arizona after posting an ad in a local newspaper.
However, the United States Supreme Court overturned this rule when it decided that prohibiting law firms from advertising violated the First Amendment. This made it possible for lawyers to market their services actively, and it did not take long for firms to adapt to the same techniques. In the years that followed, advertising shifted from written and televised promotions to online ones, and it continues to evolve today.
Importance of Ethical Advertising
While lawyers are now free to advertise their services and expertise online, they must remember the attorney rules of professional conduct. These ethical guidelines dictate how a lawyer should act when representing clients, handling legal processes, serving as a counselor, and interacting with other parties or attorneys. They also enforce limitations on how attorneys can offer services or present themselves to the public.
As such, a firm must always treat these provisions as unspoken attorney solicitation rules. Since a lawyer is representing a firm and their profession, misconduct on their part will reflect badly on both. This is on top of any penalty they may incur, such as license suspensions or disbarment. Unethical attorney advertising examples include:
False endorsements.
False statements or guarantees of success.
Improper or insufficient disclaimers.
10 Key Advertising Rules for Lawyers
To avoid ethical violations, lawyers must remember to establish trust and credibility through proper communication, responsible advertising, and truthful representation. The following sections will summarize some key attorney advertising rules law firms must follow for their online marketing prospects.
Rule 1: Truthful and Accurate Information
One of the most important rules in legal advertising is to always provide truthful or factual information. While this is true for all companies that advertise, it is doubly significant for law firms since their services revolve around actual laws and legal proceedings. Any misinformation can result not only in an ethical violation but also in serious legal problems for those misled by it.
In line with this, a lawyer must:
Provide an accurate explanation of their skills and services.
Offer suggestions grounded in facts and derived from established resources.
Make it clear whether they have a partnership with another attorney or firm.
Avoid using sensationalized or unverified information.
Rule 2: Identification as Legal Advertising
Legal advertising is meant to show potential clients the opportunity to obtain legal assistance for their respective concerns. Because of this, ads often bring up a specific legal concern and how a lawyer can help address or resolve it. This is usually accompanied by a summary of the law or process involved to help people understand it better.
However, law firms should remember to add attorney advertising disclaimers stating that their ads should not be treated as legal advice. Even if these promotions explain the nature of a specific law-related matter, they can never act as substitutes for actual counsel. Each client’s case is different, and a firm must always specify the need to actively work with an attorney if they wish to resolve it.
Rule 3: No Guarantees of Outcome
It is normal for people to expect that their case will be resolved with a favorable outcome once they secure legal assistance. However, not all cases can lead to a good resolution simply because different circumstances and laws will likely come into play. This is especially true for cases that involve complex matters, such as crimes.
In line with this, the Model Rules of Professional Conduct prohibit lawyers from making promises of advantageous legal outcomes when assisting clients. As such, a lawyer should refrain from inserting such proclamations in their advertisements.
Rule 4: Proper Use of Testimonials
Using testimonials in ads is a good way of attracting future clients since they add a layer of credibility to an attorney’s legal services and knowledge. Furthermore, they provide a glimpse into a firm’s track record, with more testimonials translating into more experience.
While firms can use testimonials, they must follow certain guidelines enforced by the Federal Trade Commission. For instance, if they wish to use a previous client’s testimonial, they must first obtain the person’s consent. A testimonial must also provide a factual and accurate summation of the client’s experiences. In addition, if the person providing a testimonial is affiliated with the firm in question, they must explicitly specify so.
Rule 5: Disclosure of Basis for Comparison
Competitive advertising is always a part of marketing, as companies and business entities strive to stand out. While commercial businesses can afford to make occasional jabs at their rivals, directly disparaging them is generally frowned upon. The same is true for law firms, where the principle of “show, don’t tell” works best.
If a firm wishes to gain an edge over its competition, it should highlight its strengths and establish its value proposition. For example, it can state how client testimonials prove the quality and results of its team’s expertise. It can also encourage people to submit queries on their ads to show how proactive they are in engaging with clients. Instead of maligning the competition, focusing on the firm’s strengths is a more productive and respectful way for them to stand out among other firms.
Rule 6: No Implication of Specialization Unless Certified
While most businesses use terms such as “specialize” or “certified” when promoting their workers’ skills, law firms cannot do this freely. This is because lawyers can only say that they specialize in a particular field if they are accredited by a certifying body in their state or the American Bar Association. Any lawyer who states or implies specialization in an area of law without proper certification may face disciplinary action from their state bar.
Even if a lawyer is not a certified specialist, they can still highlight their own skillset in their field in other ways, such as by sharing information or discussing legal topics. This will still help establish thought leadership and showcase their knowledge.
Rule 7: Clear Identification of Jurisdictional Limitations
The ABA prohibits lawyers from practicing outside of their jurisdiction. In line with this, a firm must always specify in their promotions where they are allowed to practice to avoid misleading clients. If they wish, a lawyer can practice in another jurisdiction if they obtain a license in that specific state.
However, this does not mean that lawyers with multiple licenses can practice in the same manner in one state compared to another. Each jurisdiction has its own set of rules, meaning what is allowed in one state may not be permitted in another. A lawyer must check whether they are allowed to handle legal concerns in a jurisdiction outside of their home state when advertising to clients there.
Rule 8: No Direct Solicitation of Legal Services
Though legal advertising is allowed, lawyers are prohibited from directly soliciting their services to clients on their ads under the Model Rules of Professional Conduct. The ABA also states that a lawyer can only solicit their services for monetary gain if the person they are soliciting is:
Another lawyer.
A family member or relative.
Someone who has had prior business or professional relationship with the lawyer.
Someone who routinely hires the lawyer’s services for their business.
Solicitation is also prohibited if it involves any form of coercion, threat, or harassment. Similarly, a lawyer is barred from soliciting a person who has already declined solicitation.
To avoid violating these guidelines, lawyers should establish trust among clients and present their solutions without forcing them upon a person. By communicating openly and showing their track record and knowledge, they can convince a client to avail of their services without having to solicit directly.
Rule 9: Respect for Third-Party Rights
The Model Rules of Professional Conduct also require lawyers to respect the rights of third parties in any legal situation. This means that when a firm chooses to work with a third party to promote its services, it must refrain from engaging in misconduct.
For this, a firm must establish transparent and consistent communication with a third party to avoid infringement on its part. This way, both parties can clear out misconceptions and prevent issues, accidental or otherwise.
Rule 10: Retention and Copy of Advertisement
Business entities often retain copies of their advertisements to evaluate their progress and make adjustments for future marketing efforts. Law firms in certain states can also be required to keep a copy of their own ads for a specific amount of time. Areas that follow this rule include California and New York. As such, a firm must first determine whether this is a guideline enforced in the state it practices in.
Possible Consequences of Non-Compliance
These rules demonstrate the strict nature of legal advertising regulations. As mentioned above, a firm and its lawyers may face disciplinary action if they commit ethical violations. These can range from license suspensions lasting for a few months to permanent disbarment. In addition, violations can result in lost clients and damage an offending firm’s reputation.
Best Practices for Compliant Legal Advertising
If you are a lawyer wishing to advertise online, note that there are ways to ensure you comply with legal advertising rules. These will help you be mindful of your marketing efforts and avoid putting yourself or your firm at professional risk.
Regular Review of Advertising Guidelines
Firstly, it is vital to see if you are up to date regarding advertising rules and guidelines. The online marketing landscape continues to evolve, and the same can be said for legal advertising. Look for resources that can help you review existing rules and discover new ones so that you can adjust your advertisements accordingly.
Seeking Expert Advice
To better understand legal advertising, consider hiring a professional marketing consultant. They can help you tailor your ads and comply with local and nationwide rules. You may also work with an ethics lawyer who can specify provisions you must note in the legal industry.
Implementing Internal Compliance Checks
Remember that when launching advertisements, the first and last line of defense will come from you. You can establish internal compliance checks to assess your ads before uploading. This will help you routinely determine whether your firm adheres to existing regulations.
QA Your Attorney Ad Campaign with Expertise
If you wish to refine your existing legal marketing initiatives or establish new ones, you can consult digital marketing companies at Expertise. Some of these agencies can serve as guides in projects related to ad campaign planning and branding.
FAQs on Advertising for Lawyers
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