To avoid such incidents, you must double-check everything you create, post, and advertise about your services and ensure it is within the legal boundaries of marketing rules, or work with digital marketing agencies that are well-versed in them.

And if you’re looking for someone like that, KPC Marketing is the place for you. Backed by a JD with 20+ years of experience, we ensure your content and legal marketing strategy are handled with real legal understanding.

When is Legal Communication Considered Misleading?

The core principle of legal marketing ethics is that lawyers must not make false or misleading statements about themselves or their services. This rule is expressly set out in Rule 7.1 of the American Bar Association’s Model Rules of Professional Conduct, which prohibits lawyers from making false or misleading statements about themselves or their services.

To comply with this requirement, lawyers must ensure that their marketing practices adhere to the following principles:

• Be Accurate About Credentials: Make sure all statements regarding a lawyer’s education, experience, or license to practice are verifiable and truthful. Never imply expertise or specialization unless properly certified by an approved organization and identify the certifying body.
• Avoid Puffery and Claims That Cannot Be Substantiated: Avoid marketing language that facts cannot back. Terms like “most successful” or “top lawyer” should only be used if they can be objectively proven. When in doubt, stick to verifiable and factual details.
• Jurisdictional Limitations: What to Disclose: Clearly disclose the states in which the firm’s lawyers are licensed, where practice is jurisdiction-specific, to prevent misleading potential clients outside those jurisdictions.

How to Market Your Law Firm Without the Risk of Ethical Issues?

Several elements of legal marketing content need careful attention to ensure compliance. 

Testimonials and Past Results

Testimonials and summaries of past case results are effective marketing tools, but they are heavily regulated.

• Avoid Creating Unjustified Expectations: Most places require a prominent disclaimer with testimonials or past results. The disclaimer must say that the results are specific to the facts and legal circumstances of that case. It must also state that past results do not guarantee success in future matters.
• Get Ethical & Transparent Testimonial: Testimonials must be real, verifiable, and never misleading. They should not include false statements about facts or laws. If a testimonial highlights a past result, it must clearly state that outcomes may vary. Some jurisdictions also require firms to disclose when a testimonial has been sponsored.
• Client Confidentiality: Always obtain the client’s explicit written consent before using their name, photo, or specific case details in case studies or testimonials to maintain attorney-client confidentiality.

 Advertising and Solicitation: What’s the Difference?

Ethics rules clearly separate general advertising from direct solicitation.

• Requirements for Advertising: Lawyer and law firm advertisements must identify the name and contact details of at least one lawyer or law firm responsible for the communication, as required under Rule 7.2 of the ABA Model Rules of Professional Conduct. In addition, such advertisements must comply with the general prohibition on false or misleading communications under Rule 7.1.
• Direct Solicitation for Lawyers: Lawyers must not initiate real-time, person-to-person contact, whether in person, by telephone, or through live electronic communications such as live chat, unless the individual is a family member, a current or former client, or another lawyer.

 Content as Legal Advice

Legal content, like blog posts or FAQs, is often seen as educational. It needs to be presented carefully to avoid forming an attorney-client relationship.

• Add Non-Reliance Disclaimer: Every piece of legal informational content should include a disclaimer. This disclaimer must explain that the content is for informational purposes only, does not offer legal advice, and should not be relied upon as such.
• Advertising Designation Requirement: As per various State Bars, communication, whether written, recorded, or electronic, sent to a targeted potential client must display clearly the words “advertising material ” or “This communication is an advertisement for legal services” on the outside envelope (if any) and at the beginning and end of the communication. The communication, whether a letter or an email, will ensure the recipient does not confuse the marketing materials with legal advice or unsolicited contact.

Conclusion

The ethical Guidelines for Legal Marketing are an absolute requirement to maintain a high level of professional integrity. By strictly adhering to the basic principles of truthfulness and transparency, and to the governing rules of particular jurisdictions, law firms can create successful marketing campaigns that increase public confidence in them and maintain their professional integrity.

Ready to attract high-value clients without second-guessing disclaimers, testimonials, or state-specific regulations?

Book a 1-1 customized consultation with our JD-powered legal marketers  at KPC Marketing today!