North Carolina Bar Rules for Attorney Websites
For any attorney in North Carolina considering creating on upgrading a website one of the first concerns is compliance with all applicable bar rules. As law firms begin the shift towards internet marketing, the Bar Rules in North Carolina are expected to become more strict.
Read the North Carolina Bar Associations' Ethical Considerations for Attorney Website for North Carolina Attorney.
By understanding the existing rules and how the rules are changing in other states, attorneys in North Carolina can understand how to avoid many common ethical pitfalls when creating, designing and building content for their website.
North Carolina's Advertising Rules Apply to Attorney Websites
North Carolina's Professional Conduct Rule 7.2(a), 7.3(b-c) explicitly states that the general advertising rules apply to internet websites and other electronic communications.
RPC 239 requires North Carolina law firms to avoid ambiguity by identifying on the home page of the internet website the jurisdictions in which the attorneys are licensed to practice.
Testimonials from Past Clients
Attorneys must be careful not to use testimonials from prior clients that are misleading or imply that the attorney can obtain similar results. Other states have far more restrictive rules governing testimonials from former clients, and attorneys should at least consider the bar rules in other states before using testimonials on their website.
Discussion of Past Case Results
The North Carolina Bar has not explicitly prohibit case results from being discussed on a website, although these rules may also become more restrictive. Even under the current rules, a discussion of past case results could be considered misleading as prohibited under North Carolina Bar Rule 7.1 which prohibits any communication that could likely create an "unjustified expectation" about results the attorney can achieve.
It is often difficult for the attorney to provide a full context for the viewer to understand the results obtained by the attorney for another client in the past. Simple disclaimers can effectively prevent much of the confusion while still allowing the attorney to provide this important information to potential clients.
Self-Laudatory Statements or Comparative Language
Under North Carolina Rule of Professional Conduct 7.1(A), the attorney should be careful to avoid self-laudatory statements that compares the attorney's service with other lawyers' services, unless the comparison can be factually substantiated. Even more importantly from a marketing perspective, potential clients tend to distrust statements such as "best attorney" or the "premier law firm" or "top lawyer" when those statements are made on the attorney's website because instinctive the viewer knows the statements can not be substantiated.
Selecting the URL Name for a Law Firm Website in North Carolina
When selecting the URL name for the North Carolina attorney's website it is important to consider the North Carolina Bar Rules. For example the North Carolina 2005 Formal Ethics Opinion 8 addresses the issue selecting a URL for a law firm website and when the trade name must be registered with the bar association to comply with Rule 7.5(a).
A trade name may be used by a lawyer in private practice if it does not imply a connection with a government agency or with a public or charitable legal services organization and is not false or misleading in violation of Rule 7.1. Every trade name used by a law firm shall be registered with the North Carolina State Bar for a determination of whether the name is misleading.
According to the 2005 opinion, when a lawyers is selecting the Uniform Resource Locator (URL) for the internet website the attorney can use a name that is not substantially the same as the name of the firm. From a search engine optimization (SEO) standpoint, the selection of the URL is an important consideration. Partners can change. The name of the law firm can change. The URL must not change.
Ideally, the URL should use some combination of descriptive keywords that are important to the main practice area that the attorney wants to target such as "Charlotte" or "North Carolina" or "Criminal Defense Attorney" or "Personal Injury Law." When the law firm selects a URL that is different from the name of the firm, however, the lawyers has an obligation to register the URL with the North Carolina State Bar as a trade name. In order to register the trade name the attorney must provide the North Carolina Bar Association with an Application for Trade Name Registration form.
Descriptive URL names are generally allowed so long as the name is not false or misleading. The homepage and interior pages of the website should make it clear that the website belongs to an attorney and law firm and not an "official" governmental entity or non-profit organization. See North Carolina 2005 Formal Ethics Opinion 14.
Our Solutions
For busy attorneys, we take the guess work out of website design and marketing your law firm. By paying attention to the bar rules in North Carolina we can help the attorney create a professional website that complies with the North Carolina Bar Rules. We help the attorney create and optimize their social media profiles which will drive a wave of traffic to their website. We help the attorney capitalize on their knowledge in particular niche areas to attract their ideal clients and become recognized as leaders in their field.
At Internet LAVA we focus on building websites for attorney that provide an immediate return on investment. We strive to educate attorneys on the most effective techniques for internet marketing that attracts the law firm's ideal clients while still maintaining a professional online presence.
Contact Internet LAVA to find out more about the internet marketing solutions that we provide to attorney in Charlotte, Greensboro, Raleigh, Durham, Winston-Salem, Cary, Fayetteville, Wilmington, High Point, Greenville, Jacksonville, Asheville, Gastonia, Rocky Mount, Chapel Hill and Concord, NC.
Additional Resources
North Carolina State Bar Association
8000 Weston Parkway
Cary, NC 27513
(919) 677-0561
1-800-662-7407
Ethical Considerations for Attorney Website for North Carolina Attorney