Key takeaways
- Rules 7.1 to 7.3 (or your state’s version) govern misleading claims, advertising and paying for leads, and solicitation.
- A reply to a person’s own request for help is generally treated differently from lawyer-initiated contact. Confirm how your state words it.
- Accident cases often carry extra limits, and some states set waiting periods.
- South Carolina is used below as one worked example. Your state will differ.
What do the advertising and solicitation rules cover?
Most states build on three American Bar Association Model Rules. They are the starting point for any online ad, lead vendor or follow-up call your firm uses. States change the wording, numbering and details, so treat this as a map of what to check.
| Rule | What it covers | Why a PI firm should care |
|---|---|---|
| 7.1 Communications | No false or misleading statements about the lawyer or the lawyer’s services | Every ad headline, testimonial and result claim |
| 7.2 Advertising | How a lawyer may advertise, and limits on paying others to recommend the lawyer | Ad platforms, lead vendors, referral arrangements |
| 7.3 Solicitation | Lawyer-initiated contact with specific people | Follow-up calls, texts and direct mail to accident victims |
What does one state’s version look like?
As published by the South Carolina Supreme Court (Rule 407, SCACR, last amended by order dated August 26, 2026), South Carolina’s rules show how detailed a state’s version can get:
- Rule 7.3(a) restricts in-person, live telephone and real-time electronic solicitation when a significant motive is the lawyer’s financial gain, with exceptions for other lawyers and people with a family, close personal or prior professional relationship.
- Rule 7.3(b) bars written, recorded, electronic or telephone solicitation in several situations, including personal injury or accident matters within 30 days.
- Rule 7.3 Comment [1] says a solicitation is a lawyer-initiated, targeted message, and that replies to a request for information and ads that appear in response to an internet search are not solicitations.
- Rule 7.2 Comment [7] says a lawyer may pay others for generating client leads, but the lead generator must not recommend the lawyer or imply it is giving a referral.
- Rule 7.2(i) says that for websites and online ads, required disclosures must appear on the same page as the statement that triggers them.
Other states differ. Some use waiting periods of different lengths, some require specific disclaimers, filing or labels, and some treat lead generators differently. Do not assume your state matches South Carolina.
How do online ads and a lead follow-up call fit in?
- Ads. Search and social ads are advertising. They must not mislead, and any required disclosures must be where the rule says.
- The form. What the form says matters. It shows the person asked for help and can tell them a call is coming.
- The call. A call that answers the person’s own request is generally different from a cold call. Confirm how your state treats it, and check federal consent rules for automated and AI-voice calls in our compliance guide.
How do you check your own state?
- Find your state supreme court’s or state bar’s Rules of Professional Conduct and read 7.1, 7.2 and 7.3 with their comments.
- Search your state bar’s ethics opinions for lead generators, online advertising, text messaging and AI.
- Repeat for every state where your ads run or where your leads live.
- Give the result to your ethics counsel and get written approval of your ad and call wording.
The American Bar Association also tracks how states vary from the Model Rules. Start there if you advertise in several states.
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