Tag Archive for: legal ethics and marketing

Online Advertising Ethics for Lawyers

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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 has strict rules concerning 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.

Navigating Ethical Guidelines in Legal Marketing

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At one time, law firms and lawyers could not legally advertise to promote their services. With those restrictions eliminated, most law firms now embrace various digital marketing strategies designed to gain more clients and produce more revenue. But that doesn’t mean anything goes with respect to what you can say or do when promoting your firm.

Lawyers are certainly allowed to advertise their services. But, the American Bar Association and individual state bars have created rules governing lawyer advertising practices. Here’s why it’s important to follow those guidelines and some tips for navigating the ethics of legal marketing.

Why Marketing Ethics Are Essential in the Legal Sector

Attorneys have a responsibility to provide trustworthy legal counsel to clients and uphold the law in all of their actions. Marketing ethics play a critical role in maintaining the public’s trust and that of current or potential clients.

Law firms that engage in unethical marketing practices risk damaging their credibility and reputation, which can have serious business consequences. If the state bar gets involved or the firm gets sued, a poor marketing choice could be even more costly.

How to Navigate Ethical Guidelines in Legal Marketing

Every state has different rules regarding legal marketing ethics. However, most states use the ABA guidelines as a yardstick, so it makes sense to have an understanding of these. Here is how your law firm can navigate the ethical guidelines in legal marketing.

  1. Avoid Claiming to Be an Expert

As an attorney, you probably want people to view you as an expert in your field. But ABA rules prohibit lawyers from calling themselves a “specialist” or “expert” in marketing materials unless there is an ABA-accredited certification to back up that claim. Instead, it’s best to demonstrate expertise by listing years of experience and work in various areas of the law.

  1. Don’t Make Misleading or False Statements

You obviously don’t want to lie or make misleading statements in your law firm’s marketing. Avoid saying things like you have “the lowest fees” or get “the highest settlements.” These are considered deceptive and misleading.

  1. Ensure Your Testimonials Are Appropriate

One of the best ways to attract new clients is to have positive recommendations on hand from past ones. As a law firm, it’s critical that you understand the legal practice advertising rules for obtaining and posting testimonials. For example, you aren’t permitted to compensate people in any way for their testimonials. Also, testimonials should not be worded in a way that a potential client will expect the same results. This would be considered misleading.

  1. Know Whether You Must List an Office Address

Technology has permitted many attorneys to work remotely. But, some jurisdictions might require that you have a physical location to advertise your services. Others also state that law firms must list their office address in all advertising messages, including a law firm website. For this reason, it’s important to research the rules in your state.

  1. Avoid Directly Soliciting Your Services

As a general rule, attorneys are prohibited from directly soliciting their services. This refers to a marketing message or ad directed at a specific person or group who needs your legal services for a particular matter. According to ABA Rule 7.3, attorneys can market their services online but not show up at the hospital emergency room uninvited after a major accident.

  1. Understand the Rules for Using Trade Names

Many states have rules regarding identifying information that must be included in a marketing message to avoid misleading the public. If your firm uses any trade names, research whether or not you can use these in your jurisdiction. The rules are usually specific and may change according to case law.

  1. Know What Information You Can and Can’t Include in Ads

When it comes to marketing your law firm, some states might have minimum information that you must or can include on your website or other marketing materials. Some examples include:

  • Identifying details— Things like your law firm’s name, address, and phone number are a must in many states.
  • Memberships— Current bar association and any other professional memberships are helpful.
  • Awards and publications — Law-related awards and industry publications can provide credibility.
  • Rates— Many attorneys discuss how their rates are structured, such as hourly, flat-rate, or contingency fee basis.

Things you can’t include on your website or other marketing materials include fake legal documents, pending case information, and fictitious details.

  1. Use Disclaimers When Appropriate

It’s vital that potential clients understand that every situation and case outcome is unique. An excellent way to avoid problems in law firm marketing is to add disclaimers to some of your marketing messages and testimonials. An example is “No attorney can promise a specific case outcome.”

  1. Protect Your Client’s Information

It should go without saying, but you have an obligation in everything you do to safeguard your client’s information. This includes advertising and marketing. Once a client retains your firm’s services, they must give informed consent before you can share any information related to their representation. Even if it is on the public record or “generally known,” an attorney is not free to disclose details of a prior client’s case.

  1. Stay on Top of Ethics Rules

Ethics and other rules related to digital advertising change constantly. Some of the more strict restrictions for legal advertising have become less so in the past several years. However, nothing is saying various bar associations won’t change those restrictions once again to prohibit certain actions. As with everything in the legal profession, it’s vital that you remain on top of any rule changes or partner with a digital marketing agency that can do this for you.

Create a Winning and Ethical Marketing Campaign for Your Law Firm

You need as many advantages as you can get in a competitive legal market. But it’s important to know what you can and can’t do to stay within the lines of established legal ethics for marketing. Fortunately, we can help.

Too Darn Loud Legal Marketing specializes in helping law firms become the business of choice in their geographic and practice areas. Our digital marketing specialists focus on your firm’s particular needs and goals and understand the ethics guidelines for digital marketing. Contact us today to schedule a free consultation and website evaluation.