Escaping Personal Injury Attorney Advertising Pitfalls
By Attorney Allegra Abramson
Personal injury attorneys often practice in competitive markets where visibility to clients is key for growing businesses. Advertising is a crucial component of developing a personal injury attorney practice. Still, high visibility can sometimes come with high risks, as regulators closely monitor personal injury (PI) advertising for potential violations. Personal injury attorneys must comply with the professional rules governing attorney advertising. Below are some common pitfalls in personal injury attorney advertising and tips for staying compliant with important professional responsibilities.
1.Avoid Misleading Superlatives and Claims
Rule 7.1 prohibits false or misleading communications; even truthful statements must not create unjustified expectations. For example, listing million-dollar verdicts without clear disclaimers that this result may not be typical can mislead potential clients, which is forbidden. Best practices to avoid 7.1 violations include using fact-based language supported by verifiable results and posting explicit disclaimers when discussing past performance. Even a statement like “we guarantee results” can be seen as improper depending on the provided context, so be extra careful when describing your past performance and the services you provide.
2. Exercise Caution when Posting Client Testimonials
Client testimonials are an excellent way to describe your practice and grow your reach, but it’s important to exercise caution when using them. First, all testimonials must be truthful and not misleading. Avoid editing testimonials in a way that changes meaning or tone. Client stories that promise specific outcomes or fail to include clear disclaimers may violate professional rules. Remember that testimonials should not suggest or imply that an attorney can achieve results by any unethical or illegal means.
3. Personal Injury Attorney Solicitation Pitfalls
Rule 7.3 governs direct solicitation for lawyers and prohibits in-person, real-time contact with prospective clients for pecuniary gain unless a prior professional or familial relationship exists. This can be especially tricky for PI lawyers, where aggressive outreach is sometimes seen as the norm. You should avoid sending direct messages on social media or approaching accident victims directly. Instead, use public-facing ads and informational content that would not constitute solicitation under the rules.
4. Claims of Specialization Trigger More Scrutiny
You may recall from the professional responsibility class that special rules prohibit attorneys from declaring themselves as experts or specialists without formal certification by an approved regulatory agency. When advertising, be sure to follow the 7.4 guidelines, which prohibit using the words “expert,” “specialist,” or “certified” unless you are formally recognized as such. The most important guideline is avoiding misleading potential clients. Stick to accurate and detailed descriptions to effectively highlight the services you offer. For example, rather than “PI expert,” consider language such as “focuses on catastrophic injury litigation.”
5. Remember to Retain and Review Advertising Materials Regularly
Many jurisdictions require lawyers to retain copies of advertisements for a specified period, typically one to three years, per your jurisdiction’s rules. Some also require documentation of when and where ads were used. A major pitfall for personal injury attorneys is neglecting advertising oversight, so ensure you maintain and regularly review your advertising content. A solid risk management practice here would include establishing an internal protocol for all marketing materials that provides for archival practices.
By aligning your advertising protocol with the Rules of Professional Responsibility, you can protect your reputation while building public trust and growing your practice. If you are struggling with personal injury attorney advertising pitfalls, a reputable legal marketing business can help you streamline your marketing. For example, legal marketers can assist with crafting disclaimers, soliciting and publishing appropriate client testimonials, and evaluating your advertising copy for other pitfalls.
