The first case law decision on legal advertising is the Supreme Court ruling in Bates v. Arizona State Bar in 1977, which established that attorney advertising was a form of commercial speech protected by the First Amendment.
Legal marketing can be a tricky subject as almost every year there are reforms to state regulations. As online advertising increases, the changes tend to focus on this type of marketing. In the United States, certain marketing practices are considered illegal while others may be violations of legal ethics. Directly soliciting clients or “shock” advertising is illegal.
Starting in 2015, the American Bar Association (ABA) modernized some of its rules regarding legal advertising. However, most of the new rules were not implemented until 2018 in Resolution 101. This established that lawyers could advertise their services through any media, not just written, recorded or electronic communications.
According to the ABA’s rules concerning legal advertising, lawyers may not:
- State or imply that he or she is certified as a specialist in a particular field of law unless the lawyer has been certified as a specialist by an organization that has been approved by an appropriate authority.
- Make false or misleading statements about facts, laws or things like the type of services offered, the results the firm has achieved or fees the firm charges for services
- Directly solicit their services by live person-to-person contact when a significant motive is for the pecuniary gain of the law firm
The following is a comprehensive list of some additional legal advertisement laws throughout the United States. Lawyers should consistently check state statutes and with the state bar associations for any changes to legal ethics or advertising rules.
Alabama
In Alabama, lawyers must have a disclaimer on their website for attorney ads. The disclaimer must help the public understand the limitations of the claims the law firm is making on its website. For example, a disclaimer stating that hiring a lawyer is an important decision that should not solely be based on advertisements.
Alabama attorneys’ websites should also not make any mention that the quality of legal services provided by the specific firm is any better than the quality of service provided by another lawyer. In other words, your firm cannot use the words “best law firm” or “best lawyer.”
Any communications made by the firm advertising its services shall include the name of at least one attorney responsible for the content of the advertisement.
Alaska
Any communications made by the firm, pursuant to the ABA rules, shall include the name and office address of at least one lawyer or law firm responsible for its content.
Arizona
All advertisements containing information on the lawyer’s fees must explain if the client will be held liable for expenses regardless of the outcome and whether the percentage fee will be computed before expenses are deducted from the recovery.
Any communications made pursuant to the advertising rules for attorneys set forth by the ABA shall include the name and contact information of at least one lawyer or law firm responsible for its content.
Arkansas
No advertisements for lawyers in Arkansas shall compare one lawyer’s services with another’s as superior unless the comparison can be substantiated with facts.
California
Stating no fee without recovery must also include whether or not the client will be held liable for costs. If stating that an attorney works on a contingency basis, the statement must also advise if the client will be held responsible for any advanced costs when no recovery is obtained.
Colorado
A lawyer cannot state or imply that they are a certified specialist in a particular field of law unless they have been certified by an organization approved by the appropriate state authority or accredited by the American Bar Association; the name of the certifying organization must be clearly identified. The following disclaimer must also be included, “Colorado does not certify lawyers as specialists in any field.”
Communications that imply that the client does not have to pay a fee must also disclose that the client may be liable for costs; the provision does not apply to communications that discuss contingent or percentage fee arrangements.
In a 1997 addition to the ABA laws regulating legal advertising, Colorado attorneys in more than one jurisdiction may use the same name or other professional designation in each jurisdiction, but there must be an indication about which attorneys have jurisdictional limitations due to not being licensed to practice in certain locations. Lawyers may not imply or hold themselves out as practicing together in one firm when they are not a firm.
Connecticut
Advertisements and written communication that contains information on fees shall disclose if the client will be held responsible for court costs and litigation expenses. The disclosure must be the same print size and type as the information regarding the lawyer’s fees. If broadcast, the disclosure must appear for the same duration as the information regarding fees.
Delaware
No additional laws.
Florida
Law firms may not, directly or indirectly, pay all or a part of the cost of an advertisement in the public media unless the advertisement discloses the name and address of the lawyer providing the money for the ad, the relationship between the advertising lawyer and the financing lawyer, and whether the advertising lawyer is likely to refer cases received through the advertisement to the financing lawyer.
No lawyer or law firm shall advertise the existence of another office unless it is staffed by a lawyer three days a week and the ad specifies when the lawyer will be present or whether the lawyer can meet clients by appointment only.
All advertisements shall contain a disclosure saying “The choice of a lawyer is an important decision and should not be based solely upon advertisements.”
Georgia
Disclaimers must be included in advertisements that contain any information regarding contingent fees. If the advertisements contain the language “no fee unless you win or collect”, it should also include a specific disclaimer. The wording on disclaimers may change over time.
Hawaii
An advertisement must not make false or misleading claims about the lawyer or their services including comparing their services with another lawyer or firm unless the comparison can be factually substantiated. Additionally, a lawyer may not communicate that they are certified as a specialist unless it clearly states the name of the certifying organization and is accompanied by the following statement “The Supreme Court of Hawai‘i grants Hawai‘i certification only to lawyers in good standing who have successfully completed a specialty program accredited by the American Bar Association.”
Idaho
No additional laws.
Illinois
In advertisements, if a lawyer communicates that they are certified as a specialist they must include the following disclaimer “The Supreme Court of Illinois does not recognize certifications of specialties in the practice of law and that the certificate, award or recognition is not a requirement to practice law in Illinois.”
Indiana
The lawyer shall not express or imply that their certification has been recognized by the Indiana Supreme Court (CLE) or by an entity other than the independent certifying organization.
Iowa
Fee information may be communicated so long as it is provided in a dignified style, discloses whether percentages are computed before or after the deduction of costs, and advises the public that the litigant may be held liable for court costs and other legal expenses.
Iowa
No additional laws.
Kentucky
No additional laws.
Louisiana
If an advertisement states or indicates that no fees will be charged unless the lawyer recovers compensation, the advertisement must disclose that the client may be liable for other legal expenses.
Maine
No additional laws.
Maryland
If an advertisement states or indicates that no fees will be charged unless the lawyer recovers compensation, the advertisement must disclose that the client may be held liable for other legal expenses such as court costs, fees for gathering evidence and more.
Massachusetts
Lawyers who are certified in a particular area of law must name the certifying organization and state that the organization is “a private organization, whose standards for certification are not regulated by the Commonwealth of Massachusetts,” – the governmental body the organization is tied to must be named if necessary.
Michigan
No additional laws were noted.
Minnesota
If an attorney is not certified or if the certifying organization is not accredited by the Minnesota Board of Legal Certification, the advertisement must clearly state as such and should appear in the same sentence that communicates the certification.
Mississippi
The following disclaimer must be noted on legal websites “Free Background Information available upon request.” If an attorney is certified in a particular field of law, the certifying organization must be disclosed and the following disclaimer must be included “There is no procedure in Mississippi for approving certifying or designating organizations and authorities.”
Missouri
The following disclosure must be noted on websites: “The choice of a lawyer is an important decision and should not be based solely upon advertisements.” which may be proceeded with “This disclosure is required by rule of the Supreme Court of Missouri.” If a lawyer is a specialist, they must use a disclaimer stating that the Supreme Court of Missouri nor The Missouri Bar reviews or approves certifying organizations or specialist designations. Communications regarding contingency fees must reiterate that the client may be responsible for costs of expenses if that is the case.
Montana
No additional laws were noted.
Nebraska
No additional laws were noted.
Nevada
Additionally, if a lawyer is certified as a specialist they may advertise such information so long as the certification and the state bar’s approval of the certifying organization are both in effect. Additionally, the certifying organization’s name must clearly be identified.
New Hampshire
No other laws were noted.
New Jersey
A lawyer may not compare their services to that of another lawyer unless the name of the comparing organization is stated, the basis can be substantiated and the following disclaimer is available “No aspect of this advertisement has been approved by the Supreme Court of New Jersey.”
New Mexico
Any communication made under ABA rule 7.2 must include the name and contact information of at least one lawyer or law firm responsible for its content.
New York
In regard to testimonials, there must be a disclaimer that prior results do not guarantee a similar outcome. “Attorney Advertising” must be noted in self-mailing brochures, postcards and electronic mail. If a lawyer is a certified specialist in a particular area of law and wishes to advertise such information, they must also include disclaimers that the organization is not affiliated with or recognized by any governmental authority in New York and that the certification does not necessarily indicate greater competence.
North Carolina
No additional laws were noted.
North Dakota
In regard to specializations, a lawyer must communicate the name of the certifying organization and that there are no procedures in this jurisdiction for approving certifying organizations. However, if the named organization has been accredited by the American Bar Association or if the lawyer completed a program sponsored by the state bar association, such a disclaimer is not needed.
Ohio
No additional laws were noted.
Oklahoma
Any communication made under the ABA rule must include the name and contact information of at least one lawyer or law firm responsible for its content.
Oregon
No additional laws were noted.
Pennsylvania
No advertisement or public communication shall contain an endorsement by a celebrity or public figure.
A non-lawyer cannot portray a lawyer or imply that he or she is a lawyer in any advertisement or public communication.
No legal advertisement can portray someone who is not a client as a real client. Any re-enactment of any events or scenes, pictures or persons, which are not actual or authentic, must include a disclosure statement that such depiction is a dramatization.
Rhode Island
A lawyer may only specify if they are certified as a specialist if it has been approved by the appropriate estate authority or one that has been accredited by the American Bar Association. The advertisement must clearly state the certifying organization and include a disclaimer that the Rhode Island Supreme Court licenses all lawyers in the general practice of law and does not license or certify any lawyer as an expert or specialist in any particular field. Additionally, the lawyer must state if the client will be responsible for expenses regardless of the case outcome.
Texas
Any lawyer who advertises in the public media must not include a statement that the lawyer has been certified by an organization as possessing special competency unless they include a factual and accurate statement of such membership or a disclaimer that includes the area of specialization and the name of certifying organization. Additionally, such statements may only be made if the organization has been accredited by the Texas Board of Legal Specialization.
If an advertisement discloses contingent fee agreements, the advertisement must disclose of the client may be held liable for other expenses and whether the percentage fees will be computed before or after expenses are deducted from the recovered compensation.
Utah
A lawyer shall disclose if they have been certified by an organization approved by the appropriate state authority or one that has been accredited by the American Bar Association and shall name clearly on the communication the name of the certifying organization.
Vermont
A lawyer may communicate that they are specialized in a particular field of law, but most state clearly in the communication that there is no procedure in Vermont for approving certifying organizations. If the organization has been accredited by the American Bar Association, the communication does not have to include the previous disclaimer.
Virginia
No additional laws were noted.
Washington
If a lawyer implies that they are a specialist in a particular field of law, they may use the term certified, specialist, expert or other similar terms to describe their qualifications. However, if the term is used to identify a certificate, award or another type of recognition, the reference must be truthful and identify the certifying group, organization or association. Additionally, they must provide a disclaimer that states that the Supreme Court of Washington does not recognize the certification of specialties and that such recognition is not a requirement to practice law in the state.
West Virginia
A lawyer may not state or imply that they are certified as a specialist unless the organization has been approved by the appropriate state authority or accredited by the American Bar Association.
