Law firm websites and the ABA advertising rules

A law firm website is lawyer advertising, and every state regulates lawyer advertising. Most states base their rules on the American Bar Association’s Model Rules of Professional Conduct 7.1 to 7.3, then add requirements of their own. This guide covers what the Model Rules mean for the pages firms publish most: practice-area pages, attorney bios, case results and reviews. Your state’s version of the rules is the one that applies, so check it before you publish.

Rule 7.1: nothing false or misleading

Rule 7.1 prohibits false or misleading communications about a lawyer’s services. A statement can be true and still misleading if it leaves out facts that change its meaning, or if it leads readers to expect results the firm cannot promise.

• Words such as “best”, “top” or “expert” need a factual basis a reader could check. A named rating with its year can be verified; “the best injury lawyers in Florida” cannot.
• Comparisons with other firms need the same kind of support.
• Firm names and trade names cannot imply a connection with a government agency, or a partnership that does not exist. The ABA moved this guidance from the old Rule 7.5 into the comments to Rule 7.1 in 2018.

Past results and testimonials

The comments to Rule 7.1 explain that reports of past results, even accurate ones, can mislead when readers assume they will get the same outcome without regard to the facts of their own case. Many states require a disclaimer next to results and client reviews, and some restrict them further.

• Show results with enough context to be understood: the type of matter and what the amount represents.
• Place the disclaimer your state requires next to the results, not only in the footer.
• Use client testimonials only with the client’s consent, and only where your state allows them.
• Do not pay for reviews or offer anything in return for one. Rule 7.2 prohibits giving anything of value for recommending a lawyer’s services, with narrow exceptions.

Rule 7.2: specialist titles and a responsible lawyer

• Specialists. A lawyer may not state or imply certification as a specialist unless certified by an organization approved by an appropriate authority, and the certifying organization must be clearly identified. “Board certified in [area] by [certifying organization]” is acceptable for a certified lawyer; “specialist” on its own is not.
• Responsibility. Communications under Rule 7.2 must include the name and contact information of at least one lawyer or law firm responsible for their content. On a website this usually sits in the footer or on the contact page.

Rule 7.3: solicitation

Rule 7.3 restricts live person-to-person contact to seek work from people the lawyer has no prior relationship with. A website or article that people choose to read is not solicitation under the Model Rule, but messages targeted at people known to need specific legal help can raise issues depending on the state. Take particular care with ads and messages aimed at people involved in accidents or disasters, where some states impose waiting periods.

State additions to check

Your state’s rules decide the details. Common additions include:

• Required disclaimers for results, testimonials and dramatizations
• Labels, such as New York’s requirement to mark most advertising, including a firm’s home page, “Attorney Advertising”
• Keeping dated copies of advertisements, including versions of the website
• Filing some advertisements with the bar for review
• Limits on words such as “expert” and “specialist”

A publishing process for every page

1. Draft practice-area pages from the questions clients ask in consultations.
2. Check every factual claim, number and comparison against a source.
3. Build the disclaimers and responsible-lawyer details your state requires into the page templates, so no new page can go live without them.
4. Have a lawyer at the firm approve each page, and keep a dated copy.
5. Review the whole site each year, and whenever your state updates its rules.

This article is general information, not legal advice, and state rules vary. The lawyer responsible for your firm’s advertising should confirm how your state’s rules apply.