Attorney Advertising Noncompliance Risk and LMA Advocacy Advisory Committee’s Goal to Compile Data

Attorney advertising rules are relevant to legal marketers of all levels and in all states. The rules can derive from the American Bar Association (ABA) model rules, state Rules of Professional Conduct, advisory opinions interpreting the rules and case law regarding attorney discipline. They are generally intended to ensure trust in the legal profession and protect the public from misleading information.

Often, it’s the marketing and business development (BD) professionals in law firms who are responsible for knowing these complex rules and how they intersect with content, including digital and print advertising, website pages, social media posts and all kinds of external communications.

Over the past few years, I have seen an increase in attorney advertising committees in some states notifying law firms of noncompliance with their states’ attorney advertising rules and opinions. Typically, a managing partner receives a cease-and-desist letter, with some but not all direction for how to fix noncompliant marketing materials, and a brief timeline to certify that all of the problems have been addressed.

As word spreads, the lawyers at the firm share their concern and even embarrassment. The marketing professional or team in house may be on the receiving end of an upsetting conversation. Priorities quickly shift and the marketing department’s daily work comes to a grinding halt, as it’s all hands on deck to correct noncompliant language on websites, advertisements, rankings announcements and more — and within a limited timeframe to avoid further committee involvement.

If this situation is familiar to you, you probably wondered how you overlooked an advertising rule. The truth is that attorney advertising rules are not as straightforward as some in the legal industry might think. Access to state ethics hotlines, for example, may only be offered to practicing attorneys who can call with advertising questions. Marketing professionals generally do not have that same access.

Moreover, for marketers who manage firms with offices in more than one state, the variations from state to state can be wide and in direct contrast to each other. For example, one state requires a firm to submit an ad for preapproval by the advertising committee while the adjacent state has no such requirement; or one state restricts firms from promoting rankings that lack approved methodologies, while another jurisdiction allows those same rankings to be advertised. A multistate law firm must navigate the attorney advertising rules of each state in which it operates to ensure compliance within each jurisdiction.

Each state’s set of advertising regulations and opinions are nuanced, and some may not directly explain how or if a rule pertains to a social media post or video clip. The LMA Advocacy Advisory Committee appreciates the breadth of this issue and the pain points that legal marketers face.

As a service to members, the Advocacy Advisory Committee is exploring options to provide a way to track advertising rules across key states. You can contribute to this process by participating in a survey that will gauge how firms have monitoring and tracking state rules. Please take a few minutes to take the survey.

In the meantime, here are some of the restrictions that certain states enforce.

Submission of Advertisements for Screening and Preapproval

• Florida: The Florida Bar requires that most attorney advertisements be submitted to the Bar for review and approval before they are used. This includes television, radio, print and online advertising. Attorneys may be exempt from prefiling if they only include "safe harbor" language specified by the Bar, but they still need to follow strict guidelines.
• Kentucky: Kentucky requires that any advertising material containing client testimonials, results or endorsements must be submitted for review by the Advertising Commission.
• Louisiana: Attorneys in Louisiana must submit advertisements within 30 days of first dissemination for review by the Office of Disciplinary Counsel. This includes TV, radio, print, internet and other electronic advertisements.
• Mississippi: Mississippi has filing requirements for advertisements that include endorsements, dramatizations or testimonials. They also mandate disclaimers when using actors or simulated events.
• Nevada: Nevada requires all attorney advertisements to be filed with the state bar within 15 days of the first dissemination. Nevada's rules are stringent, especially around claims of past results, and the ads must include disclosures to ensure transparency.
• Texas: The State Bar of Texas mandates submission for certain types of advertising, particularly ads that reference past results, comparisons or endorsements. Lawyers must submit these ads to the Advertising Review Committee for preapproval.

Use of Disclaimers About Results

At a minimum, when law firms refer to prior experience, results, settlements or verdicts in biographies, practice area descriptions and advertisements, New Jersey requires this language in proximity to the results: “Results may vary depending on your particular facts and legal circumstances.”

Publicizing Rankings and Awards

Many attorneys list industry awards, rankings and honors on biographies, LinkedIn profiles and within advertisements to enhance their credibility. However, some states impose rules to ensure that these distinctions are presented accurately and do not mislead the public about the attorney’s qualifications or abilities. Attorneys may be prohibited from labeling themselves “best lawyers” or “super lawyers,” but may be allowed to state that an attorney was included in the list.

An additional wrinkle in New Jersey is the requirement that “the methodology of an award or ranking must include a rigorous and independent inquiry into the named lawyer’s qualifications and fitness, and that firms may not tout awards that do not include a bona fide inquiry into the fitness of the lawyer.” Further, the committee requires that every reference to an award must include:

• A description of the standard or methodology on which the award, honor or accolade is based, either in the advertising itself or by reference to a “convenient, publicly available source”
• The name of the comparing organization that issued the award
• This disclaimer: “No aspect of this advertisement has been approved by the Supreme Court of New Jersey.”

To comply with the requirements, the language must be in “close proximity” to the reference to the award, honor or accolade, even when it is in an abbreviated form such as a badge or logo.

Client Testimonials

Jurisdictions have varying rules as to how a law firm shows attribution on a client testimonial. Some states may prohibit the use of testimonials from Chambers because they are anonymous. Some states may require full names or initials, and an advertising committee may request the full name of a person who has written a review that the firm has included in advertising materials.

What’s Ahead for 2025?

As attorney advertising continues to evolve to accommodate modern communication methods and address ambiguities, staying informed about each state’s requirements will be crucial to upholding the profession’s integrity and maintaining the public’s confidence in legal representation. At the same time, it requires legal marketers to keep learning, and to share knowledge about best practices for compliance.

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