Rules
Part of Lawyer advertising: the questions that matter
Ten lawyer advertising questions worth resolving before you launch
common lawyer advertising questions cover protected speech, misleading claims, disclosures, results, specialization, targeting, lead fees, records, and review.
What to take away
- Truthful does not always mean complete or nonmisleading.
- State rules and audience context can change the answer.
- Review the complete ad and destination, not isolated copy.
Common lawyer advertising questions sound simple: may we say this, target that audience, publish this result, or pay for these leads? A useful answer starts with the governing jurisdiction, speaker, audience, medium, claim, payment, destination, and actual impression.
The Supreme Court's Zauderer decision addressed lawyer advertising, illustrations, contingent-fee information, and disclosure of possible litigation costs. The opinion supports careful analysis of deception and factual disclosures, not a universal rule for every ad or jurisdiction.
Cornell Legal Information Institute's commercial speech overview summarizes the constitutional doctrine and Central Hudson framework. It is a general educational resource, so campaign approval still needs current authority and the applicable professional rules.
Ask ten questions in order
| Question | Working answer |
|---|---|
| Is lawyer advertising protected speech? | Yes, as commercial speech, under Central Hudson |
| Can a state prohibit misleading ads? | Yes. ABA Model Rule 7.1 bars false or misleading communications. California Rule 7.1 and New York Rule 7.1 are state versions |
| Can disclosures be required? | Yes, for factual claims, under Zauderer |
| May we show a result? | Only with context. Florida's Chapter 4-7 rules list what a result claim must disclose |
| May we say specialist? | Only if certified. ABA Model Rule 7.4 governs fields of practice |
| Can we target recent events? | ABA Model Rule 7.3 bars live contact. New York Rule 7.3 adds a 30-day bar after an accident or disaster |
| Can we buy leads? | Pay the cost of advertising, not for a referral. ABA Model Rule 7.2(b) |
| Must we keep copies? | Usually. Some states also require filing. See the recordkeeping table below |
| Does platform approval settle it? | No. Google and Meta policies are not bar rules |
| Who approves the campaign? | A lawyer admitted in the target state, under the supervision duty in ABA Model Rule 5.1 |
Record the answer and its assumptions. If the audience, state, image, call to action, fee, landing page, or platform changes, the earlier conclusion may no longer apply.
- Quote the exact proposed statement
- List reasonable implied meanings
- Attach current support and qualifications
- Identify every audience and placement
- Name the lawyer who approved the final version
Keep a decision record that names the rule and owner
The GAO evaluation design guide connects evaluation questions with evidence needs and design choices. Apply that discipline to common lawyer advertising questions; federal evaluation guidance does not make a local marketing result causal or transferable.
The W3C Privacy Principles statement gives web-system designers shared privacy concepts and warns against shifting privacy work to individuals.
A decision record names the rule, the decision owner, the evidence period, and the action. Set the next review date and name the change that would trigger an earlier check.
Recordkeeping: format, retention, filing.
Keep the advertisement as it ran, not the draft. Save a PDF or image of the final creative, the URL, the destination page, the run dates, and the source behind each factual claim.
Keep a decision record
| Jurisdiction | Filing before publication | Retention |
|---|---|---|
| ABA Model Rules baseline | None. Rules 7.1 to 7.5 are conduct standards, not a filing system | No period set. The state rule controls |
| Florida | Many advertisements go to The Florida Bar under Chapter 4-7 | Keep each filed version and the Bar's reply |
| California | None under Rules 7.1 to 7.5 | Keep copies and the support for each claim |
| New York | None under Rules 7.1 to 7.5 | Keep copies and the solicitation record |
| Texas | None under Rules 7.01 to 7.07 | Keep copies and claim support |
| Ontario, Canada | None. Law society marketing rules apply | Keep copies and written consent for testimonials |
Retention periods vary. Typical published periods run from one to three years. Where a rule is silent, keep the file until the campaign is three years old.
Regulators to check: The Florida Bar, the State Bar of California, New York's Attorney Grievance Committees, the State Bar of Texas, the Illinois ARDC, and the Law Society of Ontario.
One claim, two versions.
Noncompliant: "The best injury lawyers in Texas. Guaranteed results. Call now."
- "Best" is an unverifiable comparison, and ABA Model Rule 7.1 treats it as misleading.
- "Guaranteed results" promises an outcome, and "call now" to a known accident victim can breach ABA Model Rule 7.3.
Compliant: "We handle personal injury cases in [county], Texas. Our fee is contingent, so you pay no attorney fee unless we recover money for you. [Lawyer name] is licensed in Texas and has handled these cases since [year]."
Keep a decision record
- Every statement is factual and checkable.
- The fee sentence matches ABA Model Rule 1.5 and the bar on misleading omissions.
Common questions
Does an ad need the word advertisement?
Requirements differ by jurisdiction and medium. Review the exact format and audience.
Can a firm call itself the best?
Unqualified superiority can create unsupported or misleading meanings. Use a specific, provable statement instead.
May a vendor answer these questions?
A vendor can supply product facts, but a qualified lawyer must apply the governing rules to the campaign.
