Five tips for lawyer advertising:
from billboards to blogs

Long gone are the days when advertising in the Yellow Pages was the sole means of growing a law practice. Lawyers are now using a variety of media to advertise, including Web sites, blogs, television, billboards and direct mail.

While advertising for most industries is virtually painless with few restrictions, advertising for lawyers is a more complex process that is bound by many laws, including federal and state regulations, as well as the ABA Model Rules, which offer guidance on lawyer conduct. A recent ABA teleconference, “Advertising for the Next Generation: From Billboards to Blogs,” provided an overview of some of these regulations.

Avoid using a name that indicates a “firm” when there isn’t one

It may be tempting for office-sharing solo practitioners to tack-on “firm” or “associates” to signs and other identifying materials, suggesting such an affiliation. However, panelists warned lawyers to be wary, as solos that unlawfully act as firms will be treated as such for both liability and disciplinary actions.

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Avoid unintentional clients

When posting general legal information on your Web site or blog, be sure to post a disclaimer to ensure that visitors understand there is no attorney-client relationship being formed. Some argue that without such a disclaimer, the lawyer implicitly agrees to form an attorney-client relationship with those who unilaterally transmit, according to panelist Lynda C. Shely, ethics law expert. Besides disclaiming the formation of an attorney-client relationship, disclaimers should also state that information posted is “void where prohibited by law.”

Avoid speaking to strangers

Be wary of direct solicitation of clients. Lawyers should keep in mind that such solicitation is banned in some states to avoid potential badgering. This law is void, however, when the prospective is a former client, close friend/family member or another lawyer.

Avoid the use of trade names in some states

Although the ABA Model Rules permit the use of trade names, many states do not. To avoid unnecessary legal headaches, lawyers should check the rules in their jurisdiction before using trade names such as “The Bankruptcy Center” or “Personal Injury Law, LLC.”

Avoid giving “gifts” for referrals

Another tip regarding direct solicitation: lawyers should be cautious of gift giving. Although gift giving is acceptable during the holidays, doing so at other times of the year can be cause for concern, as it may appear that the gift was given for a client referral, which is prohibited.

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