Online Advertising Ethics for Lawyers

Since most adults are online and use the internet to connect with brands, most advertising has become digital. While some attorneys will still spring for a billboard or TV ads, the typical law firm focuses its efforts and marketing budget on creating and maintaining a legal website, social media marketing, paid online ads, and other forms of digital marketing. Which shines a very bright light on online advertising ethics for lawyers.

While the advent of the internet has made it easier to connect with potential clients, that doesn’t mean there aren’t any rules. This is particularly the case for lawyers. There are some specific guidelines law firms and lawyers must follow when advertising their services, or they risk penalties ranging from license suspension to disbarment. Here is what you need to know about online advertising ethics for lawyers so you can avoid any unpleasant problems.

Are Lawyers Permitted to Advertise?

Before getting into the ethics rules for lawyers, some law firms might question whether or not they can advertise at all. This is understandable since it wasn’t always legal for attorneys to advertise their services.

Prior to the 1970s, there wasn’t much legal marketing because it was practically banned throughout the United States. However, two attorneys decided to test the system in 1976 by advertising their services. They got in trouble with their state bar, but the situation eventually allowed them to take their case to the U.S. Supreme Court, which concluded in Bates v. State Bar of Arizona that truthful advertising services were constitutionally protected.

Online Advertising Ethics for Lawyers

For nearly half a century, lawyers have been advertising their services in newspaper ads, on radio and television, and on billboards. The internet has opened the floodgates for legal advertising, taking law firm marketing to an entirely new level.

As law firms seek to be competitive, they must also adhere to some specific legal ethics guidelines as established by the American Bar Association. Here is a list of online ethics rules for lawyers:

1. Avoid Making Misleading or False Statements

One of the primary reasons for ethics rules for lawyers regarding marketing is to prevent law firms from making misleading or false representations that could entice someone to hire them. The ABA’s main rule defines a communication as misleading or false if “it contains a material misrepresentation of fact or law.” In short, you can advertise and promote your law firm and its services as long as you are being truthful.

2. Never Claim to Be an Expert

Another ABA rule prohibits lawyers from implying or stating that they are certified specialists or experts without proper accreditation or certification from a state bar or certifying organization. Even if you have years of experience in your field, it would be improper to label yourself as an expert or specialist. However, if you are certified as such, you must include the name of the organization in your ads.

3. Don’t Directly Solicit Clients

ABA rules specifically prohibit lawyers from “soliciting professional employment through live person-to-person contact.” This means that a lawyer cannot contact a person who needs legal services unprompted through solicitation or direct advertising. Lawyers can, however, communicate directly with anyone who asks a question online or otherwise engages with legal content, such as a law firm’s social media post.

4. Stay Away from Exaggeration

It’s also not advisable to bend the truth or exaggerate in your online advertising because any such statements would be considered misleading. For example, making claims that your firm is “the best” or “the cheapest” can be difficult to prove. Instead, it’s better to outline your experience and state that you are affordable. You can also claim that you are “top-rated” based on reviews.

5. Know What Information You Should and Shouldn’t Include

Some information is necessary to include in your advertisements and some things you’ll want to specifically exclude. For example, you aren’t permitted to use fake law firms, fake lawyers, or fake legal documents in your marketing because it could be considered false or misleading. One ABA rule also restricts lawyers from using information from pending cases. However, you may be required to list the name and contact information of at least one attorney with your law firm.

6. Use Disclaimers When Necessary

If you plan to run legal ads or advertise your services on your law firm’s website, you may need to include some qualifying language and disclaimers. According to ABA rules, these statements can prevent your readers from developing “unjustified expectations” about what you offer. For example, you might want to state that testimonials or case results are not guarantees of future outcomes.

7. Know the Rules for Using Trade Names

>Depending on where you practice, you may be limited in how you can use a trade name in legal ads. For example, some law firms like to use a DBA or pseudonym, like “The Men’s Divorce Lawyer” or “Motorcycle Law Shop,” in their marketing to capture certain target audiences. Before you begin brainstorming names, make sure you look up the laws in your states.

8. Be Cautious When Posting Client Testimonials

Client testimonials can be an effective way to market your law firm because they build credibility and trust. However, the ABA hasstrict rulesconcerning how lawyers can obtain and use client testimonials. Specifically, you may not “compensate, give, or promise anything of value” to anyone recommending your services. Also, client testimonials should reflect typical outcomes of your cases.

Create an Ethical and Effective Legal Marketing Strategy for Your Law Firm

The legal industry is highly competitive, so you need every advantage you can get to rise to the top in a crowded market. But you don’t want to do anything that would be considered unethical or dishonest. The good news is that we can help with online advertising ethics for lawyers.

Too Darn Loud Legal Marketing is highly experienced in creating and implementing results-driven legal marketing strategies that stay within the lines of established legal ethics. Our digital marketing experts will get to know your law firm and market before customizing a plan designed to meet your particular needs and goals. Give us a call at (800) 649-1764 or contact us online today to schedule a free initial consultation and website evaluation.