Online advertising is just one of many ways to generate leads and traffic for your law firm. But given the complexities of the legal industry, there are stringent law firm marketing restrictions on what can be included in your ads or how you solicit new clients.
Whether you’re new to Pay Per Click (PPC) advertising or have been running ads for years, it’s important to brush up on the essential lawyer advertising rules.
Review these restrictions and requirements as outlined by the American Bar Association (ABA) as of 2024 to avoid ethical pitfalls in your ads. Guidelines are always evolving, so be sure to check your ABA resources regularly for the most up-to-date information.
How to Run Compliant PPC Campaigns as a Lawyer
PPC is a category of Digital Marketing in which you run paid ads according to specific keyword, location, and/or audience targets, and you pay for each successful click on your ad.
There are many different PPC advertising platforms, including Google Ads, Microsoft Ads, LinkedIn Ads, Facebook Ads, Instagram Ads, YouTube Ads, and more.
If you’re looking to run 100% compliant yet effective lawyer ads to drive leads for your law firm, consider these best practices.
1. Choose Your Advertising Platform
Select an advertising platform that allows you to reach your ideal target audience.
For example, if you provide legal services for businesses, LinkedIn Ads may be a better fit than Facebook Ads, due to its reputation as a professional networking site. In the same vein, if your prospective clients prefer to use Google instead of social media to search for legal services, Google Ads may be better suited than Facebook Ads.
We recommend starting with a single advertising platform to start. Each platform has its own learning curve and you should give yourself adequate time to develop your strategy, run ads, test performance, and refine your approach before expanding to another platform.
2. Understand the Advertising Rules in Your Jurisdiction
Familiarize yourself with your state bar association’s advertising rules. These rules typically align with the ABA’s standard Model Rules of Professional Conduct, but may include state-specific provisions.
For example, Colorado’s legal advertising regulations are outlined in the Colorado Rules of Professional Conduct, with one state-specific rule being that Colorado lawyers must retain copies of their ads, along with details of when and where the ads were published. This ensures accountability if questioned by the state bar.
3. Use Clear and Honest Language in Your Ads
One common theme in the ABA’s guidelines is that lawyers must avoid making exaggerated claims in their ads.
When creating the copy/content for your ads, don’t exaggerate your experience, results, or claims of success. Instead, be honest about your qualifications, experience, and case studies.
4. Include Eye-Catching Graphics and Media
When it comes time to create your ads, be sure to include eye-catching images or video (except for text-only ads). LinkedIn Ads, Facebook Ads, YouTube Ads, and other platforms allow you to add an image, “carousel”, and/or videos. Doing so can increase clicks and ad performance.
5. Add Disclaimers as Required
One ABA requirement is to add disclaimers to your ads to ensure that users know that your ad is sponsored content. This ensures transparency and helps you maintain compliance in your advertising.
Another type of disclaimer is one that clarifies the content within the ad. For example, if you showcase a client testimonial, you might include a disclaimer like, “Results may vary based on the specifics of your case.”
6. Review & Revise Your Ads Regularly
The ABA’s lawyer advertising rules are subject to change, so it’s important to review these, as well as your state-specific requirements, on a regular basis. Similarly, you should review your ads at least once per month to ensure compliance.
Monitoring and revising your ads regularly is a best practice, as it allows you to review results and optimize your campaigns for better performance. Use this time to double-check that your ads are fully compliant to avoid any legal or ethical pitfalls.
Lawyer Advertising Rules to Follow
The American Bar Association’s lawyer advertising rules were established with the goals of supporting the public’s confidence in legal services, maintaining “dignity” and “good taste” in legal marketing, and maintaining transparency in lawyer advertisements.
To maintain compliance with regulating bodies and build trust with prospective clients, your law first must adhere to the following ABA rules for lawyer advertising:
Rule 7.1: Communications Concerning a Lawyer’s Services
Rule 7.1 requires that all advertising and/or communications about your legal services must be truthful and not misleading. A statement is considered misleading if it misrepresents fact or law, or omits information with the purpose of manipulating users.
Details:
- A lawyer shall not make a false or misleading communication about the lawyer or the lawyer’s services. A communication is false or misleading if it contains a material misrepresentation of fact or law, or omits a fact necessary to make the statement considered as a whole not materially misleading.
Source: American Bar Association, Model Rules of Professional Conduct Rule 7.1
Rule 7.2: Communications Concerning a Lawyer’s Services: Specific Rules
The “Specific Rules” in regard to Communications Concerning a Lawyer’s Services clarify that lawyers are permitted to advertise via any channel, just so long as the information is true and not misleading. They also outline the permissible forms of compensation for recommending legal services but do not allow providing compensation/benefits in exchange for referrals.
Details:
- (a) A lawyer may communicate information regarding the lawyer’s services through any media.
- (b) A lawyer shall not compensate, give or promise anything of value to a person for recommending the lawyer’s services
- (c) A lawyer shall not state or imply that a lawyer is certified as a specialist in a particular field of law, except (see exceptions)
Source: American Bar Association, Model Rules of Professional Conduct Rule 7.2
Rule 7.3: Solicitation of Clients
Rule 7.3 pertains to the direct solicitation of clients, strictly prohibiting in-person, telephone, or electronic contact to generate leads (when the motive is pecuniary gain). This rule also requires that any communication used to solicit employment by a potential client must contain the words “Advertising Material.”
Details:
- (a) A lawyer may communicate information regarding the lawyer’s services through any media.
- (b) A lawyer shall not compensate, give or promise anything of value to a person for recommending the lawyer’s services
- (c) A lawyer shall not state or imply that a lawyer is certified as a specialist in a particular field of law, except (see exceptions)
Source: American Bar Association, Model Rules of Professional Conduct Rule 7.3
Rule 7.4 (Deleted)
The previous Rule 7.4 of “Communication of Fields of Practice and Specialization” has since been deleted by the ABA. This rule states that lawyers must not state or imply they are certified as specialists unless they have been certified by an appropriate organization approved by the state authority or ABA.
Rule 7.5 (Deleted)
The previous Rule 7.5 of “Firm Names and Letterheads” has since been deleted by the ABA. This rule governed the use of firm names, letterheads, and other professional designations, ensuring they were not misleading in nature.
Rule 7.6: Political Contributions to Obtain Government Legal Engagements or Appointments by Judges
Rule 7.6 serves to prevent “pay to play” practices where lawyers seek to secure government appointments for financial gain, or procure benefits by making financial contributions to a political campaign.
Details:
- A lawyer or law firm shall not accept a government legal engagement or an appointment by a judge if the lawyer or law firm makes a political contribution or solicits political contributions for the purpose of obtaining or being considered for that type of legal engagement or appointment.
Source: American Bar Association, Model Rules of Professional Conduct Rule 7.6
State-Specific Lawyer Advertising Rules for PPC
Most state-specific lawyer advertising rules align with the ABA’s guidelines — though they can vary in their interpretation and application due to local requirements. Be sure to check with your local regulatory body if you have any questions about specific advertising rules or restrictions.
Given that New York, California, Florida, and Texas have the highest concentration of practicing attorneys, we will briefly recap the advertising rules for these states.
New York lawyer advertising rules
- Transparency: All advertising must be accurate and not misleading under Rule 7.1. For example, statements about fees must align with actual charges to avoid potential violations. Claims like being the “best lawyer” are typically discouraged unless substantiated.
- Testimonials: While client reviews can be used, they must not promise specific outcomes to prospective clients.
California lawyer advertising rules
- Transparency: All advertising must be accurate and not misleading under Rule 7.1. For example, statements about fees must align with actual charges to avoid potential violations.
- Disclaimer: Communications directed to individuals needing legal services must include an “Advertisement” disclaimer to clarify their nature (Rule 7.3).
- Solicitation: In-person or real-time solicitation for pecuniary gain is banned unless the recipient is a prior client or family member.
Texas lawyer advertising rules
- Honesty: Advertising must not include unverifiable claims or false comparisons. Like California, disclaimers are necessary for targeted solicitations.
- Pre-Approval: The State Bar of Texas requires that certain ads, including PPC campaigns, be submitted for review to ensure compliance.
- Ad Records: PPC materials and records must be stored for four years to comply with Rule 7.2.
Florida lawyer advertising rules
- Tough Restrictions: Florida maintains some of the most detailed lawyer advertising rules, including prohibiting overly emotional appeals and requiring disclaimers for statements like “no fee unless you win.”
- Pre-Screening: Certain online ads must be reviewed by the Florida Bar before publication.
- Testimonials: Client testimonials, if used, must be truthful, not misleading, and avoid promises of guaranteed results.
For states not on this list, check with your local regulatory agency to learn more about advertising rules and regulations for your area.
At Hennessey Digital, we specialize in digital advertising for attorneys and law firms, adhering to advertising rules and best practices. If you want professional and effective advertising, without the risk of ethical or legal mishaps, you’ll find a reliable partner with Hennessey Digital.
