How Attorneys Can Ethically Promote Their Legal Services

Attorneys can advertise their services, but they must follow certain rules and regulations. The American Bar Association's (ABA) Model Rules of Professional Conduct, adopted in 1983, set out the advertising and social media policy for law firms. While the rules vary by jurisdiction, ABA Rule 7.2 provides a good framework, stating that lawyers cannot compensate anyone for recommending their services. Attorneys must also be mindful of creating unjustified expectations and making misleading statements. State bar associations may offer designations for lawyers based on their practice area, and attorneys should review the relevant guidelines before advertising their services.

Advertising rates and fees

The American Bar Association's (ABA) Rule 7.2 on Communications Concerning a Lawyer's Services allows lawyers to communicate about their services through any platform, but there are specific rules about what can be shared. For instance, lawyers cannot compensate anyone for recommending their services, and any testimonials must not be misleading.

When setting advertising rates and fees, there are three primary pricing methods:

• Cost-Based Pricing: This method relies on analysing the business's operating costs to determine the price needed to break even or achieve a targeted return. It involves calculating the overhead cost per hour, which is the minimum amount required to cover expenses, and then adding a markup to determine the hourly billing rate. This markup should reflect the expected profit from running the practice.
• Competition-Based Pricing: This approach involves researching competitors' rates for similar legal services in your community to set appropriate pricing levels. It helps to compare your services with those of other attorneys, either through direct communication or by examining their advertising materials and average rates in your area.
• Customer Value-Based Pricing: This strategy focuses on the client's perceived value of the service to set the price. It considers the value clients place on the legal services provided, ensuring they feel they are receiving adequate value for their money.

It is important to note that the chosen pricing method should result in profitable rates for the firm while remaining fair and reasonable for the clients. Additionally, rates should be adjusted for cost of living differences across states. For example, the average hourly billing rate across the country was $341 per hour, with the District of Columbia having the highest rate at $462 per hour, while West Virginia had the lowest at $195 per hour.

Specialist certifications

The American Bar Association's (ABA) Rule 7.2 on Communications Concerning a Lawyer's Services outlines the guidelines for attorney advertising. According to this rule, lawyers can communicate information about their services through any platform, but there are specific regulations about what they can and cannot share.

One critical aspect of these regulations is the use of terms like "expert" or "specialist." Attorneys must be cautious not to imply that they are certified specialists in a particular field of law unless they have been formally certified or accredited by an approved organisation. The ABA rule states:

> A lawyer shall not state or imply that a lawyer is certified as a specialist in a particular field of law, unless: The lawyer has been certified as a specialist by an organization that has been approved by an appropriate authority of the state or the District of Columbia or a U.S. Territory or that has been accredited by the American Bar Association; and The name of the certifying organization is clearly identified in the communication.

This means that while an attorney can mention their area of practice, they cannot claim to be an expert or specialist without the appropriate certification. For example, an attorney can say they focus on medical malpractice law, but they cannot use terms like "expert" or "specialist" unless they are certified as such.

To become a certified specialist, lawyers typically need to meet specific requirements, such as practising law continuously for a set number of years, with a significant portion of time dedicated to their specialty area. They may also need to undergo evaluations of their work in their chosen specialty by attorneys and judges. These certifications are essential, as they help consumers identify lawyers with specialised training, education, experience, and knowledge in their field, ensuring they meet high standards of ethics and professionalism.

It is worth noting that the rules and requirements for attorney advertising may vary depending on the state and jurisdiction, so it is crucial for lawyers to familiarise themselves with the specific regulations in their area before crafting their marketing strategies.

Testimonials and recommendations

Firstly, lawyers cannot compensate anyone for recommending their services. Anyone recommending a law firm's services should be doing so of their own accord. This means that lawyers cannot pay or offer gifts or incentives to clients in exchange for testimonials.

Testimonials must also be truthful and not misleading. They must reflect the honest opinions and experiences of customers. They should not make potential clients expect the same results as the person giving the testimonial. For example, in South Carolina, New York, South Dakota, and Florida, lawyers must state that past results are no guarantee of future outcomes. In some states, this means that 'hard' testimonials about the quality and effectiveness of the work require a disclaimer, whereas ''soft' testimonials about soft skills, such as responsiveness, do not.

Lawyers should also be aware of sharing any review details in other public forums that may make clients uncomfortable or reveal their identity. They should always obtain a client's consent to publicly disclose their name in connection with a testimonial.

Lawyers can ask their best clients for a testimonial or watch and listen for authentic testimonials, whether that's a glowing email, a handwritten thank-you note, or a positive social media post.

Ethical considerations

Lawyers are allowed to advertise their services, but they must follow certain ethical rules and regulations. The American Bar Association's (ABA) Rules of Professional Conduct regulate what lawyers and law firms can and cannot do on a national level, but there is also variation between states and other bar associations. For example, the New York attorney advertising rules are far more complex.

Lawyers must always act with integrity and uphold the reputation of the legal profession. Advertising must be truthful and not misleading. This includes false, misleading, or misdirecting statements about services offered, results received, or fees charged. It is also unethical to make claims of being the 'best' or offering the 'best service' as this is a matter of opinion and cannot be quantified.

Lawyers should not compensate anyone for recommending their services. This includes paying for testimonials or providing gifts or incentives in exchange for recommendations. Testimonials must also not be misleading and should not lead potential clients to expect the same results.

Lawyers should not create any unjustified expectations for their clients while advertising. They should avoid making promises or guaranteeing specific results that they cannot fulfil.

Lawyers also cannot claim to be specialists or experts unless they have been formally certified as such. They should also not reveal any confidential information about clients without their consent.

It is important to review state bar guidelines for compliance, as there are differences between states. For example, some states require lawyers to include their physical office address in their advertising, and some states require disclaimers about client costs like court fees.

Social media advertising

When advertising legal services on social media, attorneys must comply with the rules and guidelines set by bar associations and other regulatory bodies. These rules vary by jurisdiction, so it is crucial to familiarise yourself with the specific requirements in your area. For example, in California, law firms must retain copies of all electronic advertisements for two years, while in New York, the retention period is three years.

One of the key considerations in social media advertising for attorneys is maintaining confidentiality and avoiding conflicts of interest. Case information and communications should not be posted on social media without the client's permission. Additionally, attorneys should be mindful of the rules regarding solicitation of clients on social media and refrain from making false, misleading, or deceptive statements about their services or those of competing law firms.

To create effective social media advertisements, attorneys can utilise ad manager tools offered by platforms to promote their content to a targeted audience. These tools can help attorneys attract new business by publicising their accomplishments or highlighting their firm's specialty. However, it is important to remember that any claims made in the advertisements must be accurate, verifiable, and transparent.

When creating social media content, attorneys should also be cautious about the use of endorsements and testimonials. While positive reviews and recommendations from past clients can be beneficial, attorneys must obtain permission to use another person's picture or endorsement in their ads. Additionally, lawyers cannot compensate anyone for recommending their services, and testimonials should not create unrealistic expectations for potential clients.

By following the relevant rules and guidelines, attorneys can leverage social media advertising to reach new clients and promote their legal services effectively while maintaining the integrity of the legal profession.

Frequently asked questions