Most all businesses in today’s world are expected not only to have a website, but a presence on Facebook, Yelp, Twitter. Maybe even some visibility on Instagram and Snapchat as well. Yet as technology and social media begin to expand, and businesses find new ways to target their audience, so do the laws created to govern deceitful marketing. When it comes to law firm marketing — similar to healthcare marketing — the laws in place are necessary to protect consumers’ rights and industry integrity.

In recent Ethics Opinions, the California State Bar has tightened the restrictions on legal advertising for attorneys. In our modern day business climate, which is driven by social media and internet advertising, an attorney can never be too careful about what he or she posts online. Websites, blogs, Facebook groups, Instagram accounts, Snapchat, Periscope, Facebook live and live chat rooms, etc., are the exact type of forums that been under new scrutiny and restrictions by the State Bar.

To help guide fellow law firms in the right direction, see the California State Bar Formal Opinions below (2001-155; 2004-166 and 2005-168), which interpret California Rule of Professional Conduct, Rule 1-400(D)(4).

 

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The 10 Commandments for Attorney Advertising Online

 

I. Thou Shall Not Mislead or Deceive

 

II. Thou Shall Not Exert Undue Influence

 

III. Thou Shall Not Pursuade

 

IV. Thou Shall Not Confuse

 

V. Thou Shall Not Offer Employment

 

VI. Thou Shall Not Guarantee Success

 

VII. Thou Shall Not Breach Confidentiality 

 

VIII. Thou Shall Not Create a False Impression About Certification or Specialization

 

IX. Thou Shall Not Create a False Impression About Licensure and State Where Admitted to Practice Law

 

X. Thou Shall Not Create a False Impression About Qualifications Such as Boasting to be the “Best,” “Premiere” or “Top”

 

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Why You Should Consider a Disclaimer

Disclaimers are the best protection from State Bar discipline. Crafting a bullet proof disclaimer is well worth the effort. A disclaimer will not save an attorney from State Bar discipline if the rules are broken, but a thorough disclaimer will ensure substantial compliance with The Ten Commandments. A properly worded disclaimer will also decrease the attorney’s exposure to lawsuits from consumers who claim they were misled or received bad advice.

Here is our blog disclaimer:

The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction.  This blog is not intended to, and does not, create an attorney client relationship, an offer of employment or a guarantee of success for clients of The Drexler Law Firm.  No information or representation contained in this post should be construed as an offer of employment, guarantee of success or the creation of an attorney client relationship with The Drexler Law Firm, nor as legal advice from The Drexler Law Firm or the individual author.  No reader of this post should act, or refrain from acting, on the basis of any information included in, or accessible through, this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer in the corresponding jurisdiction.

There are time deadlines during which a case must be brought, according to your jurisdiction or state, and failing to abide by the jurisdictional statute of limitation rules can result in your claims being time-barred.

You can never be too careful about what you post online and about how you present yourself. Keeping in mind simple rules, knowing the opinions of the State Bar and using disclaimers to prevent any misunderstanding are simple steps to stay in compliance with California’s ethical rules and prevent misunderstandings and worse case scenarios. Here’s to happy and ethical postings.

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If anyone has any helpful tips for law firm marketing, be sure to comment below!

 

 

Disclaimers:

The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction.  This blog is not intended to, and does not, create an attorney client relationship, an offer of employment or a guarantee of success for clients of The Drexler Law firm.  No information or representation contained in this post should be construed as an offer of employment, guarantee of success or the creation of an attorney client relationship with The Drexler Law firm, nor as legal advice from The Drexler Law Firm or the individual author.  No reader of this post should act, or refrain from acting, on the basis of any information included in, or accessible through, this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer in the corresponding jurisdiction.

There are time deadlines during which a case must be brought, according to your jurisdiction or state, and failing to abide by the jurisdictional statute of limitation rules can result in your case being time-barred.