Here is something most general marketing agencies will never tell you: nearly every standard marketing tactic has a version that is not allowed for law firms.
Testimonials? Allowed in most states, but with very specific disclosure requirements. Advertising your case results? Permitted with required disclaimers, and those disclaimers vary by state. Calling yourself a specialist? That one is tightly regulated under Model Rule 7.4 and could result in a bar complaint if you get it wrong.
ABA Model Rules 7.1 through 7.5 govern attorney advertising and solicitation across the United States. Many states have adopted additional restrictions on top of the ABA model. For the sake of simplicity, this article is focused on the ABA Model Rules, but it is critical to consult your state’s rules to ensure that you are informed about the specific requirements within your jurisdiction.
If your fractional CMO, your marketing agency, or anyone else running your advertising does not have working knowledge of these rules, your campaigns are a liability risk. The following explains in plain-language what you need to know when seeking to remain compliant with ethics requirements.
ABA Model Rule 7.1: No False or Misleading Communications
This is the foundational rule, and it is broader than it might seem. Rule 7.1 prohibits any communication about a lawyer or a law firm that is false or misleading. That includes statements that are literally true but create a false impression.
What This Means in Practice
- You cannot claim to be the “best” or “top” personal injury firm in your city without objective evidence supporting that claim.
- You cannot advertise an outcome (“we recovered $5 million for our client”) in a way that implies this is typical, without disclosures clarifying that results vary and past performance does not guarantee future outcomes.
- You cannot use actor testimonials or staged scenarios without clear disclosure that they are dramatizations.
- You cannot omit material information that would be necessary to make a statement accurate.
ABA Model Rule 7.2: Advertising Generally
Rule 7.2 permits attorney advertising generally (a relatively recent update, historically) but establishes key requirements:
- Required disclosure: Every advertisement must include the name and contact information of at least one lawyer or law firm responsible for the content.
- Prohibition on paying for referrals: You cannot pay someone for recommending your services, with narrow exceptions for qualified referral services and certain advertising arrangements.
- Testimonials now permitted: The 2023 update to the ABA Model Rules explicitly permits client testimonials in attorney advertising, subject to the Rule 7.1 accuracy requirements and applicable state rules. Of note, many states had already permitted testimonials; however, some still have restrictions.
ABA Model Rule 7.3: Solicitation
Rule 7.3 governs direct contact with prospective clients. This is the rule behind the “no ambulance chasing” principle, and it has real teeth for digital marketing in a few ways that often surprise firms.
- Prohibited real-time solicitation: You cannot directly solicit in-person, by phone, or by real-time electronic communication (live chat counted in some interpretations) a specific prospective client when a significant motive is pecuniary gain, unless the person is a lawyer or has a prior professional relationship with you.
- Written solicitation rules: Written communications to prospective clients (including email) are permitted but must include “Advertisement” labeling in many states and cannot be harassing, coercive, or knowingly sent to someone who has expressed a desire not to receive them.
- Accident and disaster restrictions: Most states prohibit in-person or telephone solicitation of accident victims within a defined window (often 30 days) following an accident or disaster.
ABA Model Rule 7.4: Specialty Designations
Calling yourself a “specialist” in a practice area is regulated. Most states require that specialty claims be backed by a recognized certification program. Referring to yourself as “specializing in” personal injury law or “a specialist in” family law without proper certification may violate Rule 7.4 in your state.
The safer language in most jurisdictions is describing the areas you “concentrate in” or “focus on” rather than areas you “specialize in” or for which you are a “specialist.”
ABA Model Rule 7.5: Firm Names and Trade Names
Rule 7.5 governs what law firms can call themselves and how firm names can be used in marketing. Trade names are permitted in most jurisdictions today, but the name cannot be misleading. A firm name implying governmental affiliation, a size or reputation you do not have, or a partnership between lawyers who are not actually partners can create issues.
The States That Are Stricter Than the ABA Model Rules
It is important to understand that the ABA Model Rules are exactly that: a model. States may and do adopt stricter versions. For example, Florida, New York, and California all have advertising regulations that exceed ABA Model Rule requirements in certain areas.
A fractional CMO or marketing partner who manages your advertising needs to know not just the ABA Model Rules but the specific rules in every state where your firm advertises. This is not optional, and it is not something a general digital marketing agency typically tracks.
Compliance Is Not Optional. Make Sure Your Marketing Reflects That.
The Esquire Interactive team conducts advertising compliance reviews as part of every fractional CMO engagement. We know the rules, we monitor state-level changes, and we make sure your marketing is never a liability.
SCHEDULE YOUR COMPLIANCE REVIEW.
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Written by Desiree Martinelli, J.D. | Director of Marketing & Analytics, Esquire Interactive
Desiree Martinelli is the Director of Marketing & Analytics at Esquire Interactive, where she leads website development, branding, and digital marketing strategy for law firms nationwide. She holds a Juris Doctor degree, summa cum laude, from the University of Mississippi School of Law with a concentration in business law, and has practiced as a business and intellectual property attorney. Prior to her role at Esquire Interactive, Desiree served as a law firm marketing director and entrepreneur, giving her a firsthand understanding of how law firms grow and what marketing strategies actually produce results. She is a frequent presenter at Bar Association events and CLE seminars, and her rare combination of legal credentials and marketing expertise makes her a recognized authority on digital marketing compliance and strategy for law firms