Bar marketing rules are complex and vary by state. Compliance is not optional. Recent updates across multiple states make that clear. Add the surge of AI-generated content, and the urgency to review materials used in content marketing for law firms only grows.
Bar marketing rules overview
If you understand the fundamentals, you’ll avoid violations that can lead to fines, lawsuits, suspension, or even disbarment. (Or you can partner with an experienced SEO firm that creates compliant content for you, so it’s one less thing on your plate.)
Here’s the Golden Rule that governs almost everything in legal marketing ethics:
You cannot say what you cannot substantiate.
We follow three basic rules that keep the content we create for our law firm clients in compliance with that Golden Rule:
- Do not say the reader needs a lawyer.
- Do not promise results or outcomes.
- Do not use superlatives to describe the lawyer or law firm.
Rule 7.1 of the American Bar Association
Rule 7.1 reads:
“A lawyer shall not make a false or misleading communication about the lawyer or the lawyer’s services. A communication is false or misleading if it contains a material misrepresentation of fact or law, or omits a fact necessary to make the statement considered as a whole not materially misleading.”
In plain terms, you cannot state or imply anything that isn’t true or that could mislead a reasonable person. That includes overstating your results, inflating your years in practice, or suggesting you can guarantee an outcome.
You cannot promise a win. You cannot imply that hiring your firm automatically yields better results. If a claim cannot be verified, it does not belong in your marketing.
How law firms violate Rule 7.1
- “Our firm has seven decades of experience” is misleading if the firm has only operated for 20 years. If you are referencing the total experience of your attorneys, you must clearly state that it is “combined experience.”
- “We’ll recover every dollar you lost,” suggests a guaranteed outcome. A compliant alternative is “we’ll fight for every dollar you lost.”
Rule 7.2(c) of the American Bar Association
Rule 7.2(c) reads:
“A lawyer shall not state or imply that a lawyer is certified as a specialist in a particular field of law, unless: (1) 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
(2) the name of the certifying organization is clearly identified in the communication.”
Bottom line: if you are not a certified specialist, you cannot claim to specialize in a specific area of law. That restriction applies to direct statements and implied expertise.
How law firms violate Rule 7.2
“Our team includes specialists in criminal defense” violates Rule 7.2 unless you hold a qualifying certification.
Bar marketing updates 2026
In response to a changing legal marketing landscape, two states revised their legal marketing ethics rules in 2026.
Alabama Legal Advertising Rule Updates
Effective January 1, 2026, the Alabama State Bar updated multiple provisions in the Alabama Rules of Professional Conduct. Most changes center on Rule 7.2 and lawyer advertising.
Key takeaways include:
- If you advertise in Alabama and are not licensed there, you must clearly disclose that fact.
- You must state whether you maintain a physical office in Alabama or the relevant locality, and disclose the location of at least one office.
- Any advertisement featuring you must comply with the Alabama Rules of Professional Conduct. Responsibility does not shift to a third party, even if that third party created the advertisement.
- Disclaimers cannot be buried in fine print or rushed through a fast voiceover. They must be clear and readable or clear and audible.
- You cannot advertise practice areas you do not accept or do not intend to handle yourself. If you plan to refer cases out, you must disclose that upfront.
- Testimonials must come from real clients with firsthand experience. If you compensate a client for an endorsement, you must disclose it.
- If you advertise specific case results, you must include “enough detail to be objectively verifiable and not misleading.” The Bar clarifies that advertised verdicts cannot result from a default judgment.
- Judges, police officers, and other authority figures may endorse you only if they were actual clients.
- You cannot use actors to impersonate yourself or clients. Actors may appear in advertisements, but not in speaking roles that portray lawyers or clients.
- You cannot manipulate or purchase search engine results in a deceptive way that misleads prospective clients into believing they are contacting another lawyer.
- You must retain copies of your advertisements for six years, which aligns with the statute of limitations for violations of the Alabama Rules of Professional Conduct.
- If a social media or online platform limits space for required disclaimers, your advertisement must include a link that will, “within one click,” direct the viewer to a landing page containing the full disclaimer.
- The Bar eliminated the “general disclaimer.”
The message is clear: transparency, accuracy, and verifiability are enforced.
California Legal Advertising Rule Updates
With the passing of SB 37, California has implemented several significant updates to its legal advertising rules, effective January 1, 2026.
Key takeaways include:
- The Bar expanded the definition of an advertisement: Advertisement means “any communication, through any written, recorded, or electronic means, whether available to, or directed generally to, members of the public or to a limited group of individuals, that provides information concerning a lawyer or the lawyer’s services for the purpose of encouraging individuals to secure the services of the lawyer or their law firm.”
- Advertisements may not include “misleading, deceptive, or false statements, words, or phrases regarding a lawyer’s or a law firm’s skills, experience, reputation, or record.”
- An advertisement may not reference awards or recognitions unless both of the following are met:
- The lawyer or law firm has not received the award or recognition by virtue of being part of the organization.
- The organization does not charge or solicit a fee, cost, or payment for the recognition or award. (If the award is pay-to-play, you can’t reference it.)
- Legal advertisements must include “disclosure of the city, town, or county of at least one bona fide office location or the address of record listed with the State Bar for the lawyer or law firm.”
More States Could Update Their Legal Advertising Rules
As of February 2026, New York, Oklahoma, and South Carolina are proposing changes to their legal marketing ethics rules that may affect how you advertise your law firm.
What these updates mean for you and your firm
Attorneys who practice in or refer cases to states that are affected should:
- Review all content on their site to ensure compliance with updates.
- Standardize the language used on disclaimers.
- Remove any language that is not compliant with updates (e.g., guarantees, mentions of play-to-pay ads, or implications that they handle practice areas that they don’t).
These rules are easy to misunderstand, even with years of legal education and experience. And noncompliance exposes you to real risk.
Why marketing ethics laws exist
Legal advertising is not a modern invention. Even Abraham Lincoln promoted his legal services before becoming president.
In the early 20th century, however, the profession shut that door. Lawyer advertising was banned outright. The prevailing belief was that “the most worthy and effective advertisement possible…is the establishment of a well-merited reputation for professional capacity and fidelity to trust.” Lawyers should rely on reputation alone to carry the practice.
That position didn’t hold.
In February 1976, a law firm ran a newspaper ad promoting its services. The result? An ethics complaint and suspension. The firm responded by filing a lawsuit, and the decision that followed reshaped the profession. Lawyers could promote their services, but could not make false or misleading claims.
That framework still governs legal marketing today.
Get help creating content that works for you
You already have a firm to run. Marketing ethics should not become another liability.
Work with an agency that understands these regulations and can produce strategic, high-performing content that stays compliant.
Let us help you create compliant content.
Jenna Wise is a Senior Editor at We Do Web, one of Inc. 5000’s fastest-growing businesses in America. She has dedicated nearly a decade to creating content that gets cases for law firms.
