Advertising rules

Is it legal for lawyers to advertise?

Yes. In Bates v. State Bar of Arizona (1977) the U.S. Supreme Court held that truthful lawyer advertising is protected commercial speech. States still regulate it. Rules bar false or misleading claims and restrict some solicitation, and the details differ by state.

Key takeaways

  • Lawyers may advertise. The Supreme Court protected truthful lawyer advertising in 1977.
  • States regulate misleading claims and some solicitation.
  • Details differ by state, so read your state’s Rules 7.1 to 7.3.
  • The rules cover every medium, including web pages, social posts and automated messages.

What did Bates v. State Bar of Arizona decide?

In 1977 the U.S. Supreme Court ruled in Bates v. State Bar of Arizona, 433 U.S. 350, that a state could not ban truthful advertising of prices for routine legal services. The decision treats lawyer advertising as commercial speech protected by the First Amendment, while leaving room for states to regulate false or misleading advertising.

What do the ethics rules say now?

Model RuleWhat it covers in general terms
7.1Communications about a lawyer’s services must not be false or misleading
7.2Advertising: allowed in any medium, with limits on paying for recommendations and requirements set by each state
7.3Solicitation: limits on live, in-person and real-time contact with prospective clients, with exceptions

States adopt versions of these rules, and many add disclosures, waiting periods or review and filing requirements. See South Carolina as a worked example.

What do lawyers commonly need to watch?

  • Claims about results, expertise or comparisons that cannot be proven.
  • Testimonials, endorsements and past-result claims without the labels your state requires.
  • Paying a vendor that recommends you or refers cases.
  • Contacting people about an accident too soon, or in a way the rules prohibit.
  • Records of each ad, which some states require you to keep.

How do you check your state?

  1. Find your state’s Rules of Professional Conduct on your supreme court or bar site.
  2. Read Rules 7.1 to 7.3 or their equivalents, and any ethics opinions on online advertising.
  3. Ask whether ads must be filed or reviewed.
  4. Have counsel approve your ad wording and follow-up scripts.

Our rules guide explains how to find your state’s rules and what to ask counsel.

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Questions

Common questions

Yes. The U.S. Supreme Court held in 1977 that truthful lawyer advertising is protected commercial speech. States can still regulate misleading ads and some forms of solicitation.

Model Rule 7.1 bars false or misleading communications about a lawyer’s services. States adopt their own versions.

Your state supreme court or state bar publishes its Rules of Professional Conduct. Look for Rules 7.1 to 7.3 or the state’s equivalents, and check for bar opinions and advertising-review requirements.

Yes. The rules apply to a lawyer’s communications in any medium, including websites, social posts and automated messages.

Sources and notes

  1. Bates v. State Bar of Arizona, 433 U.S. 350 (1977), Legal Information Institute
  2. First Amendment Encyclopedia, Bates v. State Bar of Arizona

Please note. General information for law firms, not legal advice. Rules differ by state and change. Have your firm’s ethics counsel confirm what applies to you before you act.

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