What You Need to Know About Internet Marketing for Lawyers
Internet marketing is legal for lawyers but requires laws and guidelines. Here’s everything you need to know about internet marketing for lawyers.
In addition to rules and guidelines by the American Bar Association, each state has its laws for attorneys to follow strictly. Florida has some of the strictest terms for lawyers using the internet for marketing.
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Internet Marketing Guidelines for Lawyers
Lawyers obtain new clients in many ways and may need to market their services to grow their practice and get new business. Previous marketing laws focused on print, radio, or television advertising. The American Bar Association updated its rules for legal marketing in 2018 to include Internet advertising. Websites and search engines on the Internet can help a client find your law firm, and a lawyer must portray themself correctly and within the laws and guidelines. The ABA established rules for lawyers to ensure their advertising is not false, misleading, or deceptive. The Model Rules of Professional Conduct serve as models for the ethics rules of most jurisdictions.
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ABA’s Rules Centered on Internet Marketing
The new additions to marketing for lawyers on the internet include:
1. Communications Concerning a Lawyer’s Services (Rule 7.1)
Lawyers cannot falsely communicate their services. Deceptive communication includes a material misrepresentation of fact or law or omission of fact. A firm’s statements must be truthful and not misleading, meaning a firm cannot imply that one client’s outcome applies to others or that the firm may influence the government or officials. Comparing fees with another attorney to influence potential clients is also unacceptable.
2. Communications Concerning Specific Rule (Rule 7.2)
Lawyers cannot pay for recommendations, reviews, or referrals, including gifts or rewards. Lawyers cannot claim they are specialists or experts in a field unless they have specific certification the ABA or a state organization approves. Lawyers must name the certifying organization in their communication.
3. Solicitation of Clients (Rule 7.3)
A solicitation is targeted communication at a specific person who may need legal advice. Solicitation intends to persuade the person to hire the lawyer or firm. A lawyer cannot solicit a person or business, nor contact them “out-of-the-blue” to sell their services unless they know the person or business. A lawyer cannot make in-person contact to solicit business from a person/organization unless the contact is another lawyer with whom the firm already has a personal or business relationship.
Lawyers cannot use firm names and letterheads to imply a connection to an unaffiliated government agency, charitable group, or other connection to gain clients. This prohibition relates to the Model Rules requirement to remain truthful when advertising to potential clients. Lawyers should also only advertise in states and jurisdictions where they can legally practice. (Rule 7.5)
A lawyer cannot solicit someone who states they do not want contact with the lawyer. If a lawyer oversteps this line, the person may feel the lawyer is harassing or coercing them. However, some group legal plans put people in contact with lawyers. These organizations may permit solicitation.
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