Texas Lawyers and Bar Rules for internet Website Marketing
Texas Bar Rules for Attorney Advertising
At Internet LAVA, we know the first step before you begin any internet marketing campaign is understanding all of the rules that apply to attorney advertising, including communications on an internet website. Making a mistake is costly. As a company based out of Houston, TX, Internet LAVA provides our services to attorneys throughout Texas and the rest of the United States. We focus exclusively on internet marketing for attorneys.
Although the rules in Texas are restrictive, an attorney can stay in full compliance while still having an extremely effective internet marketing campaign. While other internet marketing companies take shortcuts, those shortcuts provide very little, if any, advantage in the quest to dominate the search engines. In order to dominate the search engines you must view your website as a publishing project. Your website must be bigger and better. Your website should provide more informative content that answers the questions of your ideal client when they begin their search for an attorney.
Texas Attorney Website Bar Rule Resources
State Bar of Texas- Visit this link to the State Bar of Texas. It contains helpful information and resources regarding bar rules for internet marketing a legal practice in Texas. The State Bar of Texas can be contacted at:
State Bar of Texas
1414 Colorado St.
Austin, TX 78701
Phone: (512)427-1463
Find more information at the Texas Center for Legal Ethics and Professionalism, a not-for-profit organization, which provides great online information including the Supreme Court Opinions of the Ethics Committee and the Disciplinary Procedure Rules.
Texas Code of Judicial Conduct - Download the rules that apply to judges across the State of Texas.
Texas Bar Advertising Review - The Texas Disciplinary Rules of Professional Conduct (TDRPC) requires that written solicitations and advertisements by Texas Lawyers are reviewed by the Advertising Review Department.
Texas Judicial Ethics Opinions - List of Texas legal ethics opinion over the past 40 years.
Texas Legal Ethics Research Guide - List of resources for attorneys interested in researching ethical requirements for Texas lawyers including information on complying with the maze of attorney advertising rules.
Texas Bar Rules for Websites, Banner Ads, and Web-Based Directories - Find a list of all the requirements of computer accessed communications for Texas lawyers, including computer communications, websites, blogs, social media, and attorney directory organizations.
Texas Bar Rules Information Center
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Professional Websites that Convey Confidence and Reliability
Lawyers that take an ethical approach to marketing tend to have websites that perform better in the long run because other websites feel more comfortable "linking" to that attorney's website. Your ideal clients are not looking for catchy slogans. Your clients are looking for an attorney that focuses on their particular type of case.
Unlike any other types of advertising, the internet will take a viewer directly to an interior page within your website that will answer their specific question. In the process, your ideal will learn more about your law firm and how you are focused on the niche area of the law that is most important to their case.
We strive to provide our clients will practical suggestions to help them come into compliance, and stay in compliance, with all applicable Texas Bar Rules. As the rules change we strive to keep our client's educated about the most recent changes and how it might effect their internet marketing campaign.
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The Texas Bar Rules Guidelines
The Advertising Review Committee (ARC) to the Texas Bar announced certain "interpretive comments," which describe Texas Bar Rules requirements for the homepage of an internet website. Texas Bar Rules now explicitly state that certain content published on the internet and websites are governed by the Texas Disciplinary Rules.
The Advertising Review Committee of the Texas Bar found most attorneys are not making "even a cursory effort to read and comprehend the Rules before submitting advertisements." Another common mistake made by Texas lawyers is not recognizing the importance of complying with the time frames for filing non-exempt legal advertisements.
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UPDATE: Proposed Amendments to Texas Disciplinary Rules of Professional Conduct
The December 2010 Texas Bar Journal showcases information about the proposed amendments to the Texas Disciplinary Rules of Professional Conduct, including the referendum on the proposed amendments and the proposed amendments. Texas attorneys can also find additional information on the proposed amendments and the referendum at the State Bar of Texas website.
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Filing Requirements for Texas Law Firm Websites
Unlike the newly announced bar rules for the state of Florida, the homepage of any Texas lawyer's website is subject to the filing requirement. This requirement is perhaps the most restrictive part of Texas regulatory scheme because of the expense and inconvenience involved for the Texas lawyer. Two printed copies of the Texas Lawyer's homepage (also known as the "initial access page"), a description of the URL address of the website, two copies of the completed application form, and a $75 payment must be submitted.
Failure to file a non-exempt page of a Texas lawyer's website is a violation of the Texas Disciplinary Rules of Professional Conduct. The Texas Advertising Review Committee can impose a $225 fee and a $75 review fee for an advertisement not properly submitted under the filing requirement. Additionally, the ARC could forward the Texas Attorney's Advertisement to the Texas Bar's Chief Disciplinary Counsel for possible disciplinary action by the Texas Bar.
The most confusing and burdensome part of the Texas Bar Rules provide that any "substantive modification," such as a deletion, addition or edit requires the website page be resubmitted for filing along with an additional $75 review fee. This requirement is problematic because in order to remain at the top of the search engines, the homepage of the website should be "substantially modified" each year, or even each quarter in a given year. While many attorneys are afraid of making changes to their website, those updates are the cornerstone of having an effective internet marketing champaign.
On the other hand, the State Bar of Texas' Advertising Review Department has stated social media profiles, such as LinkedIn and Facebook, do NOT need to be filed for advertising review under most circumstances.
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Other Attorneys Are Afraid to Make Changes to Their Website
The search engines reward websites that are updated on a regular basis. Many attorneys in Texas are afraid to make modifications to their websites. Understanding when the filing requirement applies (and when it does not apply) is important for any Texas attorney. In fact, by hiring an internet marketing company that can help you with the filing requirements, you gain a huge advantage over other law firms that are afraid to regularly update their homepage or interior pages on their website.
The internet marketing company you hire must understand and be able to help you comply with these rules. Many internet marketing companies take the position that such requirements are solely the attorney's problem. At Internet LAVA, we focus exclusively on internet marketing for attorneys, which allows us to take an active approach in helping you stay in full compliance.
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Homepage of the Texas Lawyer's Website MUST be Filed with the Texas Bar
In order to comply with the Texas Bar rules for internet websites, attorneys in Texas that sponsor or control a website concerning their practice must submit a copy of their website's homepage. This can be accomplished by saving either a hard copy of the content or a screen shot copy of the homepage, as well as any other pages that differ in any material way from the homepage. A Texas lawyer can request that the Texas Bar Association pre-approve the homepage of their website. Any Texas attorney homepage must disclose the address of the attorney's principal office.
The difficulty for Texas lawyers is determining which pages are subject to the Texas Bar filing requirement. The rule requires a filing of any page that is "primarily concerned with solicitation of prospective clients," although lawyers' biographies, personal announcements and newsletters do not appear to be subjected to the filing requirement.
Most importantly, changes on the website that merely update educational or informational materials are not necessarily governed by the reporting requirement. The comments to the Texas Bar Rules concerning a lawyer's website state additional pages of the website not meeting filing requirement must nevertheless comply with other Texas Bar rules concerning attorney advertising.
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Disclaimers on a Texas Attorney's Website
Each disclaimer must be presented with equal prominence, and in the same manner as the content on the website being disclaimed so the viewer's expectations about the attorney's skill and the results the attorney can achieve are realistic.
Disclaimers help the public understand the information that is being presented. When done correctly, a disclaimer makes the website more credible because the viewer can understands the limitations of the information being presented while still learning about general information that can help them understand the complicated issues that might surround their legal problem.
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Video Sharing Websites for Texas Lawyers
One of the most effective marketing tools for attorneys right now involves "video websites." Videos on the website help a potential client get to know the attorney and the attorney's personal style. Videos are becoming a way for people to find information on the internet. If you do not have an effective video on your website, you will soon be losing market share to the attorneys that do.
Because most law firms in Texas have a website, but very few have videos, an attorney's chances of dominating Google and other search engines for popular phrases is much easier with video than with written content alone. One video that has been reviewed by the Texas Bar can then be shared on hundreds of other websites, including Facebook, MySpace, YouTube, Yahoo Video, Google Video, Metacafe and more.
Videos are expensive to shoot and edit. It is important to do it once and do it right. In fact, as many as 20 different videos on short legal topics or practice areas can be shot in a single day. By understanding all the rules in advance, you can feel confident that your video will not be singled out by the Texas Bar for having any objectionable content.
If a lawyer provides a video that solicits legal services in Texas, those communications are considered "public media advertisements," which must be filed with the Advertising Review Committee, unless otherwise exempted by Rule 7.07(e). The application can be downloaded online, and the review fee is $75. Failure to file can result in a fee or fine of $300 and/or possible disciplinary action.
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Forbidden Language under Texas Bar Rules Such as "Specialize" or "Certified"
No Texas lawyer should used any term claiming the lawyers or the law firm "specialize" or are "certified" unless the attorney or the entire firm has been certified by the Texas Board of Legal Specialization. It is amazing how many attorneys and internet marketing companies do not understand this very simple rule.
Other terms such as "Best Attorney" or "Most Experienced" are also problematic. Not only should you avoid laudatory lanuage because of the Texas Bar Rules, but you should avoid such phrases as a matter of style. An attorney's ideal clients can use the internet to gain an incredible amount of information within a very short amount of time. When the viewer sees self-serving laudatory claims that offer no facts to support such claims, the viewer will quickly determine that the law firm is not credible.
A lawyer's ideal clients are looking for verifiable facts to show the law firm is uniquely qualified to handle their case. By giving the viewer that information up front, the lawyer conveys to the viewer they are reliable and trustworthy. By focusing on particular niche areas, attorneys provide better services to their clients. This also enables the attorneys to focus on their most profitable and enjoyable types of cases.
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Using Social Media to Drive Traffic to the Attorney's Website
At Internet LAVA, we understand the importance of a professional social media presence for any attorney's website. Social media is an important tool for networking with other attorneys and legal professionals throughout the state and country. Social media is also an effective way to drive traffic to your website and become recognized as an authority on certain legal topics most important to your practice.
Best resources for Texas attorneys:
- Texas attorneys can submit their legal blog to the Texas Bar Blog so the website can link directly to their blog.
- The State Bar of Texas has a Facebook profile, which is "liked" by more than 10,000 people.
- More than 1,000 people follow the Texas Bar on Twitter at @statebaroftexas.
- Additionally, more than 13,000 attorneys participate in the Texas Bar Circle, a social network website for Texas attorneys.
At Internet LAVA, we help each attorney set up hundreds of legal, business and social profiles. When an attorney writes an article or adds a page of content to the website, a summary of that information can be sent out through various social media profiles automatically when each profile is set up correctly and linked to other profiles.
A few minutes of the attorney's time can result in a huge wave of traffic to the website. The search engines then view those connections and the wave of traffic as in indication that the website provides valuable information, and subsequently ranks the interior page of the website higher in search engines.
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Internet LAVA, LLC | Texas Attorney Website and Advertising Bar Rules
For more information on how bar rules for lawyer websites and advertising impact your internet marketing strategy in Texas, contact Internet LAVA at 1-800-292-LAVA. 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 bar rules governing internet marketing in their jurisdiction.