Authored By: Candace Whitman
In today's digital age, marketing is essential for trial law firms that want to stay competitive and visible to potential clients. From maintaining a blog to posting on social media, there are more ways than ever to connect with your audience and build your reputation. However, with these opportunities come responsibilities—specifically, the ethical responsibilities outlined by the American Bar Association and your state bar or licensing authority.
Failing to follow your state's ethical guidelines can lead to disciplinary action, damage your firm's credibility, or malpractice lawsuits. That's why every trial law firm must understand and comply with legal advertising and client communications rules.
Know Your State's Advertising Rules
Each state has its own rules and interpretations regarding legal advertising. These rules may address circumstances like:
- What you can and cannot claim in advertisements
- Disclaimers are required when discussing results
- Restrictions on terms like "specialist" or "expert"
- Whether client testimonials and endorsements are allowed, disclosure rules, and whether or not a law firm can directly ask clients to provide a testimonial for them
- Guidelines for posting and interacting with clients or potential clients on social media
What may be perfectly acceptable in one jurisdiction might be considered a violation in another. Firms with a national reach or multiple office locations must be especially careful to comply with each state's rules.
Sharing Case Results and Legal Content
Publishing blog posts and social media updates about your case results can help establish your firm's credibility and showcase your expertise. But it's important to consider:
- Confidentiality: Never share identifiable client information without written consent from the client. Research your state's ethics guidelines around sharing case outcomes to ensure your post complies.
- Disclaimers: Research if there are any disclaimers you are required to include.
- Accuracy: Ensure all case details provided are accurate. Avoid exaggerating or implying outcomes that may mislead potential clients.
Client Reviews and Testimonials
Client reviews are powerful, but they come with ethical considerations as well. Doing your research before encouraging clients to post a review or provide a testimonial is important because different states have different rules and ethics opinions. Ensure that the review is truthful and not misleading. Do not offer compensation in exchange for reviews unless your state allows it; if so, disclose it appropriately.
When in Doubt, Consult an Expert
Marketing is vital to growing your firm, but ethics should always come first. If you're unsure whether a marketing tactic complies with your state's rules, consult a legal ethics advisor or your state bar. Confirming compliance before launching a campaign is far better than facing disciplinary action after the fact.
