Internet Marketing and Bar Rule Compliance
Bar Rules for Attorney Advertising
The most important aspect of website design and marketing is ensuring that your website complies with rules imposed by the Bar Association in your particular state. At Internet LAVA we take the time to help our attorneys understand the rules in their particular state. As the rules change, we help the attorneys monitor the changes so the attorney can stay in full compliance with each applicable rule.
Because Internet LAVA is a boutique marketing company that focuses exclusively on attorney or law firm websites, we can pay particular attention to each new rule and suggest new technologies that allow the attorney to effectively comply with the rules without sacrificing their ability to provide helpful information to their potential clients. Read more about each state's specific bar rules.
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- North Carolina
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- North Dakota
- Ohio
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Bar Rules Information Center
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Bar Rules for Attorney Websites and Commercial Speech
Although most states follow the American Bar Association's Model Rules of Professional Conduct, each state's specific bar rules regarding internet advertising are different. Internet advertising bar rules in Florida, Texas and Iowa are typically considered the most restrictive, but other states are also beginning to monitor attorney marketing websites more closely. Bar rules in each state are expected to become more stringent over time as the bar associations attempt to catch up with new technologies that are being used to market legal services.
The United States Supreme Court has made it clear that attorney or law firm advertisements constitute "commercial speech," which is protected by the First Amendment. Under the First Amendment, attorney or law firm advertisements can be regulated by the government only if the restriction furthers a substanctial state interest, and is done in the least restrictive way possible. Of course, the state has a substantial interest in ensuring that any communications about an attorney or legal practice are not false or misleading.
Each state's bar associations have strict rules against any communication that is false or misleading. Many of the new rules go far beyond preventing false or misleading information and may run afoul of the First Amendment. Having a general understanding of the rules in each state can help you make decisions about your website to anticipate any restrictions that your state may impose in the future. By understanding the rationales behind the most restrictive rules you can create an effective website which is viewed as a model of professionalism within your legal community.
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Internet Website as a Form of Attorney Advertising
Effective January 1, 2010, the Supreme Court of Florida approved new Florida bar rules that bring all websites controlled or sponsored by attorneys under the general advertising rules that forbid any mention of past case results, testimonials or laudatory statements. The Florida Bar has suggested that by creating an information upon request zone within a website, the attorney can hide such content behind a disclaimer that only allows viewers to access the information after they have clicked a box on the disclaimer to acknowledge they have read and understand the disclaimer.
Many potential clients are interested in viewing verifiable statements about past case results and seeing statements about the quality of service the attorney provides. Many potential clients will be willing to request such information if they are provided with a convenient option to do so. Even if a particular state does not currently have such restrictions requiring a disclaimer form, the disclaimer forms are effective in helping potential clients understand the relevance of the information provided on the website.
The New York bar rules governing attorney marketing websites require every page of the website to state the page contains an advertisement.
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State Bar Rules Advertisement Submission Requirements
Many states' bar rules require lawyers to submit all advertisements, including websites, for approval. Other states' rules require lawyers to save copies of each internet advertisement, regardless of how many times the content is changed over time.
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Restrictions on the Use of Terms Such as "Expert" or "Specialist"
Many states have strict rules against using terms such as "expert" or "specialized" unless every attorney in the firm is certified in a particular area of practice. For example, in Texas, an attorney advertisement cannot say the attorney is specialized or certified unless they or their entire firm are certified by the Texas Board of Legal Specialization. Most states prohibit the use of information that is false or misleading, or anything that cannot be factually substantiated, such as "cheap" or "best."
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Attorney Website URL or Domain Names
In certain states, the law firm is required to use only the name of the firm or an individual attorney from the firm in the domain name. In other words, descriptive words in the domain name are not allowed. In other states, the firm is not allowed to use comparative or laudatory words such as "best" or "better." The bar rules in many states also prohibit the domain name from being similar to any other trade name or official government website that could mislead the public.
Understanding the rules that cover domain names are particularly important because the domain name is one of the most important decisions an attorney makes when creating their website. Subsequent changes to a domain name essentially means creating a different website, which would diminsih any progress made by the original website over time.
The Arizona Bar Association Opinion on a Law Firm's Domain Name stated that although the law firm's domain name does not have to be identical to the actual name of the law firm, the domain name cannot be false or misleading to the public. See Bar Opinion 2001-05. Additionally, the domain name may not imply any unique affiliation unless the claim can be proven factually. Finally, the domain name should not use the .org suffix to suggest the website is affiliated with any particular nonprofit or governmental entity. As an example, a law firm's request to have a domain called "arizonalawyer.org" was not allowed under the Arizona rules.
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Website Contact Forms and Attorney-Client Relationships
Many lawyer internet websites have contact forms that allow the viewer to send a message to the attorney or law firm through an e-mail message. It is possible a potential client will send one of these messages with the incorrect assumption an attorney-client relationship has been created.
The potential client may send a long message to the attorney using this form that contains information the potential client believes is confidential. The best way to avoid any confusion is for the form to contain a disclaimer that notifies the sender the message does not create an attorney-client relationship and any information disclosed may not be confidential.
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Lawyer Profile Websites or Lawyer Referral Programs
Certain states, including Texas and Iowa, have rules preventing an attorney from being listed in certain on-line internet lawyer referral services. "Pay Per Lead" referral sites that request the contact information from a potential client and then distribute that information to attorneys who pay to be included in the referral program are particularly troublesome. Such paid programs are often expensive and provide little return on investment.
"Pay for Exposure" referral sites are less troublesome because they essentially allow attorneys to be listed in certain sections of the website for certain services. By paying an additional fee, the attorney can move to the top of the page. Other lawyer profile sites, such as AVVO, "rate" the attorney as a way of determining which attorneys move to the top of the page.
Participating in certain types of lawyer referral services or attorney profile websites are important, particularly for many of the well-established services that do not require an attorney pay a fee to be included. By claiming a specific attorneys listing the company has already created, the attorney can provide additional content that gives the public an accurate and informative look at the services they provide.
The main problem with these referral websites is that many of them allow individuals to provide a testimonial about the attorney. The attorney can encourage certain clients to provide a referral just by asking them to do so. Even more problematic, attorneys can often endorse another attorney who can then list that endorsement on the attorney's profile. On AVVO, for example, being endorsed by other attorneys is one of the key factors in gaining a higher "rating."
The South Carolina Bar Association recently issued an opinion based on a hypothetical website that allowed an attorney to claim their listing. The South Carolina bar found that all information on the listing (including peer endorsements and client ratings) were subject to the state's advertising rules. The South Carolina bar rule on attorney profile websites allows the attorney to claim the listing, but then holds the attorney responsible for anything that is posted on the website by another attorney or client violating any rules of professional conduct.
"Therefore, a lawyer should monitor a "claimed" listing to keep all comments in conformity with the Rules. If any part of the listing cannot be conformed to the Rules (e.g., if an improper comment cannot be removed), the lawyer should remove his or her entire listing and discontinue participation in the service."
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Attorney Website Bar Rules Resources
Information on Professionalism and Ethics in Attorney Advertising - This advertising guide published by the American Bar Association (ABA) has links to breaking news and legal opinions related to each state's efforts to regulate attorney and law firm advertising and internet website communications.
ABA Law Practice Management eLawyering Task Force | Best Practices - The Best Practice Guidelines for Attorney or Law Firm Internet Web Site Providers, published by the American Bar Association, provides practical considerations for any website development, including tips on providing useful content and using disclaimers to help the viewer understand the limitations of the material presented.
Lawyer Advertising Rules and the First Amendment - This article, published by the Stanford Law School's Center for Internet and Society (CIA), provides information about attorney advertising and soliciation and many helpful links pertaining to attorney advertising issues and ethical concerns.
Model Rules of Professional Conduct - This link is to the American Bar Association's rules governing ethics and professional conduct of attorneys and lawyers throughout the nation. Although each state has developed their own rules regarding attorney conduct and advertising rules, many have developed rules based on the ABA's model rules.
ABA Formal Ethics Opinion on Lawyer Websites - This formal opinion addresses the American Bar Association's formal ethical opinion on obligations lawyers should address in considering the content and features of their websites. ABA Comm. on Ethics and Prof'l Responsibility, Formal Op. 10-457 (2010).
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Internet LAVA, LLC | Lawyer Marketing and Website Bar Rules
Internet LAVA is a professional website development and internet marketing company focused specifically on helping legal professional throughout all jurisdictions of the United States. Our focus on each state's specific bar rules regarding website marketing and advertisements helps attorneys maintain a professional image and stay in full compliance with the Model Rules of Professional Conduct and their particular state's bar rules governing internet marketing. Contact Internet LAVA at 1-800-292-LAVA to find out more about internet marketing for lawyers.