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 Rule | What it covers in general terms |
|---|---|
| 7.1 | Communications about a lawyer’s services must not be false or misleading |
| 7.2 | Advertising: allowed in any medium, with limits on paying for recommendations and requirements set by each state |
| 7.3 | Solicitation: 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?
- Find your state’s Rules of Professional Conduct on your supreme court or bar site.
- Read Rules 7.1 to 7.3 or their equivalents, and any ethics opinions on online advertising.
- Ask whether ads must be filed or reviewed.
- 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.
Want this worked out for your firm? The free 20-minute growth audit looks at your ads and how new leads are handled today, and you keep the written plan. Book my free growth audit.