Getting the word out about your law firm is one of the best ways to grow your law firm.
Across the country, the ABA's rules determine the rules for attorney advertising. State bar association rules may further modify the ABA's rules.
Attorneys in California can advertise but must take their state's rules into account. This is true whether they are advertising themselves or working with a law firm marketing partner.
What Rules Govern Attorney Advertising in California?
The State Bar of California sets the rules for attorney advertising in the state in its Rules of Professional Conduct. These rules are in addition to the national attorney advertising rules set out by the ABA.
California's current rules went into effect on November 1, 2018, after the California Supreme Court approved them that May. These rules replaced the previous ones governing California Lawyers' conduct from 1992 to 2018.
For lawyer websites and other advertisements, look to Chapter 7 of the 2018 Rules. These rules correspond to and replace the previous rules found in sections 1-400 of the 1992 Rules.
Rules 7.1 through 7.5 contain important considerations for lawyer advertising. This includes lawyers who have websites and engage in law firm digital marketing tactics.
These rules cover general compliance issues when involved in advertising and solicitation.
Although the rules don't call out online marketing for lawyers specifically, they still apply. Lawyer websites are subject to the same rules for print advertising in California. They are not considered solicitations on their own but are instead classified as a form of communication.
Breaking Down Chapter 7 of the California Rules of Professional Conduct
Chapter 7 covers many aspects of how a lawyer markets their law firm to prospective clients. It includes guidelines for things like communication about legal services, advertisements, and soliciting.
It also covers disclaimers, fields of practice, and claims made about specialization. Finally, the rules cover the use of firm names and trade names.
Rule 7.1: Communication Regarding Services
Under Rule 7.1 of the California Rules of Professional Conduct, advertising must not involve false or misleading communication. This rule emphasizes that all representations made in legal advertising should accurately reflect the factual and legal circumstances of the services provided. Lawyers must ensure that any claims made do not overstate their qualifications or the outcomes of past cases, which could constitute misleading communication.
This rule also offers the biggest gray area since the key phrase is "not misleading." Even some factual statements in law firm advertising could still be considered misleading.
What Constitutes False or Misleading Communications?
False and misleading communications can take several forms. Here are some examples to be aware of:
Exaggerated Claims
This includes making statements that promise guaranteed results or exceptional outcomes without reasonable evidence to support such claims. For instance, stating, “We win 100% of our cases” is misleading because it creates an unfounded expectation that could lead clients to have unrealistic perceptions of their legal situation.
Ambiguous Language
Using vague terms that can be easily misconstrued can also fall into this category. For example, claiming you are a "leading attorney" without providing context or evidence for that designation can mislead clients about your specific qualifications or achievements.
Misrepresentation of Credentials
Any unfair exaggeration or misrepresentation of qualifications, such as claiming to be a specialist without proper certification, can be considered misleading. In California, lawyers must adhere to specific guidelines if they wish to advertise their expertise in a particular area.
Failure to Disclose Relevant Information
Omitting crucial details that could impact a prospective client’s decision can also be viewed as misleading. For example, if an advertisement implicitly suggests success rates without acknowledging that results can vary significantly based on individual case circumstances, it could mislead clients.
Fabricated Testimonials
Using fake testimonials or distorting actual client feedback to make a service appear more effective is another way that lawyers might inadvertently or intentionally engage in false advertising.
Interpreting the Law
Consider a popular concept for personal injury lawyers: “No settlement or verdict in your favor? No fee.”
A client may interpret it that they owe no money if that lawyer loses the case, even though the client agreement could include a clause detailing the client's responsibility for ongoing case expenses.
Similarly, firms often advertise their years of experience as a distinguishing factor. Stating that the firm has "decades of experience" when all the lawyers are starting their careers, and it's only been open for five years is misleading.
Another area where 7.1's requirements are especially important relates to testimonials, endorsements, and case results. While these really help sell your services to potential clients, each one should go through a careful review process in your firm.
A case result for a prior client could be seen as misleading if it's shared in a way that would lead a reasonable person to assume an unjustified expectation that they will get the same results. Statements that make it seem like a promise or guaranteed win or outcome with specific dollar amounts can be misleading.
Rule 7.2: Advertising
Rule 7.2 of the California Rules of Professional Conduct lays a critical foundation for how lawyers advertise services. It's one of the most important components since it applies broadly to many advertising materials. There are four aspects to this rule:
- Attorney ads must name a minimum of one lawyer's name
- The address of that party must also be included in any ads
- Certain written ads require the words "advertisement" or "solicitation" on them
- Lawyers cannot promise/give anything of value in exchange for a recommendation
The purpose of mandating one lawyer's name and address is to show who takes responsibility for the ad.
Although a disclaimer on your website isn't required, it is a proactive step to take for law firm digital marketing. Many California lawyers use a disclaimer across their website to ensure it's clear they do not guarantee results.
Prior Professional Relationship and Legal Services Plans
If you have previously worked with a client or had any other professional engagement, these relationships can establish a foundation for further communication, making any subsequent advertising efforts potentially less objectionable.
For instance, if you've had a successful case involving child custody, leveraging that relationship may allow you to advertise related legal services more effectively, given your established credibility. Furthermore, if your firm offers a legal services plan, clearly articulating what that entails while maintaining compliance will enhance client relationships and trust.
Legal Services Plans and Referral Services
A lawyer referral service is a valuable resource designed to connect people seeking legal assistance with qualified attorneys. When we talk about lawyer referral services, we’re specifically referring to a service that has been set up in accordance with the regulations established by the State Bar of California or similar governing bodies in other jurisdictions.
These established referral services operate under specific guidelines and standards to ensure they provide quality referrals to prospective clients.
Legal services plans are arrangements that provide members with access to legal services for a fixed fee or subscription model. Under Rule 7.2, specific provisions govern how lawyers can participate in these plans:
- Permitted Participation: Law firms may participate in prepaid or group legal service plans operated by organizations that are not owned or directed by them. These plans can solicit memberships from individuals who are not specifically known to need legal services at that time.
- Compensation for Referrals: While lawyers cannot offer compensation for recommendations outside of reasonable advertising costs, they are permitted to pay the usual charges associated with legal services plans or a qualified lawyer referral service. This means that while lawyers can advertise their participation in these plans, they must do so within the ethical boundaries set by the State Bar.
- Compliance with Advertising Rules: Lawyers involved in legal services plans must still comply with all relevant advertising rules, ensuring that their communications do not mislead potential clients regarding the nature of the services offered or any fees associated with them.
Rule 7.3: Solicitation
Rule 7.3 outlines what is classified as a solicitation for clients.
California lawyers are forbidden from soliciting in person, over the phone, or through electronic means for the purposes of their own financial gain unless the person you're contacting is a lawyer or has a close family or previous professional relationship with the attorney.
Further, a lawyer or lawyer's law firm cannot solicit professional employment through recorded, electronic, or written communication if the person being contacted has made it known they do not wish to be contacted by the attorney or in any case in which the solicitation is considered coercion or intrusion.
Anything you send to someone as a means of soliciting business must include the word "advertisement" on the outside of the envelope.
Rule 7.4: Fields of Practice and Specialization
Lawyers typically avoid using words like "specialize" when referencing their legal practice. In many states, these words can only be used when the lawyer receives an official designation for their practice area.
In California, you cannot call yourself a certified specialist in your practice area unless:
- You are certified through a Board of Legal Specialization
- You name the certifying organization in your marketing
The 2019 California Rules of Court state in Rule 9.35 that a certified specialist refers to someone who has a certificate on file from the State Bar of California Board of Legal Specialization or other approved third party.
There is more leeway when it comes to clarifying your practice area. You can state that you do or do not practice specific fields of law so long as doing so does not violate the above-mentioned rules.
Rule 7.5: Using Firm Names and Trade Names
Lawyers cannot use any trade name, company name, or firm name that goes against Rule 7.1.
Attorneys also cannot use any professional designation or trade name that implies or states a relationship with a charitable legal services organization, public service organization, or government agency unless that is factually accurate.
A lawyer also cannot indicate that they have any established relationship with a private company unless that is a fact.
All of these rules have important implications for any online advertising and third-party websites for a law firm.
How These Rules Apply to Online Advertising and Lawyer Websites
Your law firm website and online advertising initiatives can help attract and convert potential clients. Every communication you put out there must be in line with California's attorney advertising rules to stay in good standing.
The rules apply to the content on your website, law firm social media marketing, paid ads, and other digital or printed materials.
Using a disclaimer on your website is one way to clarify the intention of your marketing statements. An in-house review to verify truthful and accurate information on your website is another important step.
Reviewing any materials discussing past case successes is also important. Testimonials are a powerful way to get clients for your law firm but could be considered misleading if you're not careful.
Staying Compliant with California's Attorney Advertising Rules
California's rules on attorney advertising are straightforward guidelines. Following certain best practices ensures your law firm won't run afoul of them when advertising your legal services.
These practices include:
- Reviewing new advertising and marketing materials for accuracy
- Training staff on advertising rules and ethical guidelines
- Discussing best practices and ethical issues with any outsourced marketing team
It can be hard enough to come up with new ideas to market your law firm. Working with a law firm marketing agency makes it easier to complete all the to-do list items for your advertising.
A marketing partner with law firm expertise saves you time that's better spent on legal work. Someone with experience will understand the best ways to market your legal services. Most importantly, they'll do so in a way that fits California's compliance rules.
Building Trust with Prospective Clients
When marketing your legal services, always consider the implications of your advertising on the attorney-client relationship. Establishing clear, honest communication with prospective clients not only builds trust but also can lead to a more robust client base. Providing valuable and informative content that positions your law firm as an authority can greatly benefit your marketing strategy.
Moreover, as a legal professional, you should strive to maintain a balance between promoting your services and providing genuine value to your prospective client. This strategy allows you to position yourself as a reliable and trustworthy source of legal counsel.
Review Your Website and Marketing for Compliance
If you haven't looked over your marketing materials lately, now's a good time to make sure you're in compliance.
Making sure your advertising is professional, truthful, and ethical is ultimately up to you. Staying informed of changes and adjusting to them is also in your control. By understanding the rules and following best practices, you'll have an easier time.
One way to take some of that burden off your back is by outsourcing your advertising. Working with someone who understands your business and the rules governing it is key.
A law firm marketing expert, like the ones at Rankings.io, understands what it takes to effectively and ethically manage your law firm marketing.
If you know it's time to hand off your law firm marketing plans to a qualified expert, schedule a call with Rankings.io today. Let us show you how we can help take your firm to the next level.
