No Tricks, Just Truth: Ethical Marketing for Legal Professionals
By David Michael & Dana Riel
(A 3-minute read that’s well worth your time)
CRM. Drip Campaigns. Social media. Custom websites. Blog Posts. Videos. Online advertising. Attorney advertising has gotten complicated. Advertising is another area where proactive self-regulation is beneficial. Ethical marketing for legal professionals has never bee more important that it is today. Using these best practices will help you avoid bar complaints.
Attorney advertising is strictly regulated to ensure ethical standards, primarily focusing on truthfulness, non-deception, and public trust. The American Bar Association (ABA) Model Rules of Professional Conduct– especially Rules 7.1, 7.2, and 7.3 — form the foundation for these requirements, though states often add their own specific rules and procedures. Where they differ, State rules prevail.
Here is a useful marketing checklist for legal professionals:
- Don’t promote yourself or your firm as “experts” unless you or your firm have been officially named as such by another official entity.
- Don’t make statements or claims that cannot be objectively proven.
- Don’t compensate clients for testimonials.
- If your firm name is not just partner names, make sure your jurisdiction allows trade names.
- Advertising is one thing. Solicitation is another. The latter is not allowed. Know the difference.
- Know your jurisdiction’s policies on how long to keep copies of your advertising materials.
Social Media — Lawyers can use platforms like Facebook, LinkedIn, or Instagram for advertising. They may pay for online ads, use SEO services, or hire marketing professionals — but the lawyer is responsible for ensuring the content is in compliance.
Advertising Campaigns – Any materials, copies of website pages, and other examples of physical and digital advertising content must be kept, along with when and how it was used, for a specific period of time. Check with your local bar association for your local rule. In Iowa, for example, that time frame is 2 years. This may be hard to do with an elaborate system like Hub-Spot, which can post on different sites several times a week.
Client Solicitation — Targeted DMs, chats, or real-time contact (like messaging someone directly through Instagram to pitch your services) are not allowed unless the recipient is a former client, family member, or another lawyer.
Google Reviews — You may ask others for good reviews and then you can use that review on your webpage or other advertising. This type of ‘solicitation’ is not an ethical violation.
Balancing Truthfulness and Marketing — While the legal advertising environment encourages persuasive messaging, attorneys must always prioritize their ethical obligation to be truthful. The use of superlatives and hyperbole common in other industries is generally not permissible for lawyers unless those claims are objectively verifiable and not misleading. The overriding principle is to ensure the public is not deceived or misled about the lawyer’s abilities, results, or services.
Good Advertising in law firms is not about bravado—it’s about reasonable assurances of competency. Truthful and reasonable advertising supports the dignity of the legal profession and inspires public confidence. We are excited to discuss your advertising campaign, implement a CRM system, develop content, or otherwise improve your public-facing firm image. We can be reached at [email protected] or call 877-375-2810.
See also:
Business of Law: Best Practices for Staff Supervision
Business of Law: Conflict of Interest Management
Business of Law: Confidentiality and Data Security
Business of Law: Competence Clarified
Trust Account Management – Where Fiduciary Duty Meets Financial Sense
At Crosspointe Consulting Group, we recognize that legal professionals often rely on established software platforms to manage their financial and operational needs. With our in-depth knowledge of law office management software and modern accounting applications, we are dedicated to helping you unlock the full potential of these systems. Our mission is to provide expert guidance and support, empowering your firm to operate more efficiently .
