Ohio Bar Rules for Attorney Advertising

An attorney interested in developing an effective internet marketing strategy should carefully examine all Ohio Bar Rules that apply generally to legal advertising and specifically to internet websites. An attorney in Ohio should also have a general understanding about the emerging trends that govern attorney websites throughout the country. By staying ahead of any changes, the attorney can often save time, money, and frustration when new rules are announced. Additionally, by following the letter and spirit of the rules, the attorney can create a professional on-line image that matches the law firm's reputation in the community.

We strive to provide our clients which a professional website that conveys the image the law firm wants to project. An effective website and internet marketing strategy allows the attorney to network not just with potential clients, but also with other attorneys throughout the state and the rest of the country. The goal for the website should be providing general information on a variety of legal topics that are most important to your ideal clients. Developing educational and informative content will set your website apart from your competition and give you the best chances of ranking highly in the search engines.

Many attorneys ask us why we put such an emphasis on the amount of unique informative content that we provide for our clients. By understanding how the search engines work, attorneys quickly realize that the search engines may take a viewer directly to an interior page deep within the website that most directly answers the general question on a very specific topic for a very specific jurisdiction. Let us take you on a tour of what your ideal clients find when they search for an attorney in your area. We provide attorneys in Ohio with a free consultation that is designed to educate you about the new direction of internet marketing for law firms.

The Importance of Understanding the Ohio Bar Rules

The Ohio bar rules can directly or indirectly impact every part of the project from the selection of the URL (domain name), adding appropriate disclaimers, to developing specific content on each page of the website. At Internet LAVA, we design websites exclusively for attorneys and law firms. That focus allow us to stay current on how the Ohio Bar Rules impact internet website design and marketing for attorneys and law firms in Ohio. Contact us today for a free consultation to discuss your specific goals.

Internet Marketing and Ohio Rule 7.1

Rule 7.1 of the Ohio State Bar Association states:

A lawyer shall not make or use a false, misleading, or nonverifiable communication about the lawyer or the lawyer's services. A communication is false or misleading if it contains a material misrepresentation of fact or law or omits a fact necessary to make the statement considered as a whole not materially misleading.

Ohio Rule 7.1 is based on the American Bar Association's Model Rules, although important differences exist. Many of these rules were written before internet marketing. Understanding how the rules might apply to these new technologies often leads to some confusion. Beyond the general requirements that the internet website communications do not contain any false, deceptive or misleading statements, attorneys must also make sure that even true statements do not create a "substantial likelihood that it will lead a reasonable person to formulate a specific conclusion about the lawyer or the lawyer's services for which there is no reasonable factual foundation." See Rule 7.1, Comment 2.

Avoiding "Self-Laudatory" Statements on the Website

Even as a matter of good taste, attorneys should not use self-laudatory phrases that instantly lead to credibility problems with the viewer. For instance, phrases that describe the attorney's work as "best," "good" or "superior" are not effective. The viewer is looking for verifiable information that truly represents the attorney's training, experience, and personal style. By focusing on what can be verified the attorney can instantly connect with the viewer.

Appropriate disclaimers may help the viewer understand the nature limitations contained in Ohio Rule 7.1. Comment 3 to Rule 7.1 provides limitations on even truthful statements about prior achievements that may be misleading "if presented so as to lead a reasonable person to form an unjustified expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client's case."

Likewise, unverifiable comparisons of legal services or fees to another attorney can be misleading "if presented with such specificity as would lead a reasonable person to conclude that the comparison can be substantiated."

The Importance of Providing Verifiable Information about Past Case Results

On the other hand, using a verifiable discussion of past case results is important to the public. By seeing the types of cases the attorney has taken in the past, the viewer can quickly get a general idea about the attorney's experience. Unlike testimonials, viewers often look first at the "past case results" page of the internet website. When done correctly, no other page on the website is as effective for helping the public understand the scope of services provided by the attorney.

Potential clients are often looking for an attorney with experience handling their particular case in their particular jurisdiction. The case results information is critical to making that determination to the extent allowed under the Ohio Bar Rules. As a pratical matter, adding information about past case results is also an effective way to attract client with similar problems. Many attorneys report landing more of their ideal clients for a particular type of case because of the case results they list. Those case results can be picked up by the search engines and even a page deep within the website may show up for a search by an ideal potential client with the same legal problem.

Ohio Bar Rules on Testimonials

Testimonials on a Ohio attorney's website or other internet marketing material are often problematic because a former client will naturally attempt to compare their attorney to other attorneys. Often, former clients are overly zealous in their description without providing enough information to put the comments in the proper context. Although many attorneys like to hand pick testimonials to include on the website, the attorney should be aware that the public often views the testimonial contained on the attorney's website as highly suspect.

Statements Regarding Fees and Phrases to Avoid

Comment 4 to Rule 7.1 also discourages the use of terms such as "special," "lowest," "below costs," "cut-rate," or "discount" when referring to the fees charged by the attorney when compared with the fees of other attorneys. As a matter of good taste, such phrases are inappropriate because the view can instantly recognize the subjective nature of the claim.

Other Phrases to Avoid When Creating a Website for an Ohio Attorney

Ohio Rule 7.5:500 also contains important restrictions on the name of the law firm which can also directly relate to the selection of the URL name. For instance, a solo practitioner should not use the phrase "and Associates" because it may mislead the public into believing that the lawyer has an employment relationship with another attorney.

Selecting the URL or Domain Name for a Law Firm's Website

As a practical matter, attorneys in Ohio should be particular careful when selecting the URL or domain name for the law firm's website. Picking the name for the website is almost like picking a name for a child. Sure, a parent might have some legal way to change the name later, but for the child the name becomes an important part of the child's identity which can not be changed without creating many unintended consequences.

In many ways, the URL is the website. When it changes, the search engines and all links to the website view the new URL as a completely different website even if much of the content or graphic design remains the same. The name of the law firm may change as partners come and go. The URL must not change if at least one attorneys in the firm wants to continue to benefit from the standing and page rank the website builds over time.

If the website is named www.DoeSmithandJones.com and one of those attorneys leave the firm, the name of the URL itself would be misleading to the public. For these reasons alone, the law firm is usually better off picking key phrases in the URL. Using keywords in the URL can also help with optimizing the rankings of the website in the search engine (also known as SEO).

Conclusions

Contant Internet LAVA to discuss your internet marketing goals. We provide attorneys in Ohio with a free consultation that educates the attorney about how the search engines really work. We believe that an educated client makes the best decisions when picking a website design and internet marketing company.

Related Links for Ohio Attorneys:

Ohio State Bar Casemaker - Members of the Ohio State Bar Associations can access the formal and informal opinions of the Ohio State Bar Association, and the Ohio Board of Commissions on Discipline and Grievance opinions.

Ohio State Bar Association on Twitter - The Ohio State Bar Association now uses Twitter. Find out more about this easy way to stay current on what the Ohio Bar Association wants you to know.

Cleveland Bar Association Advisory Opinions - Reading the advisory opinions provided by the Cleveland Bar Association can provide the attorny with practical information about how the various rules are applied to specific situations.

Ohio Ethics Commission: Overview of ethical issues governing Ohio's public employees and officials at all levels of government except legislators, judges and their staffs. Read more about Ohio Ethics Commission Advisory Opinions.

Cleveland Law Library Blog, Ethics Section

Counsel on Governmental Ethics Laws

Joint Legislative Ethics Committee

Ohio Supreme Court

Ohio Attorney General

Ohio Revised Code