Lawyer Advertising Rules: What the ABA and Your State Bar Allow in 2026

Lawyer advertising rules let you advertise in any medium, provided every message is truthful and not misleading (ABA Model Rule 7.1), names a lawyer responsible for it, does not pay anyone to recommend you or claim an unearned certification (Rule 7.2), and never solicits a specific person live for a fee (Rule 7.3). Your state's version governs.

The ABA and the state bars publish the rule text. This guide adds the practical part: what you can say, what you cannot, how four large states differ, how the rules apply online, and a pre-launch checklist.

Can lawyers advertise? How the rules got here

Was it ever illegal for lawyers to advertise?

Yes. For most of the 20th century, bar rules based on the ABA's 1908 Canons of Professional Ethics treated advertising as unethical. That ended with Bates v. State Bar of Arizona (1977). Two Arizona lawyers, John Bates and Van O'Steen, had advertised their "legal clinic" in a newspaper in 1976, listing $175 plus a $20 filing fee for an uncontested divorce. In a 5-4 decision, the Supreme Court held that truthful advertising of routine legal services is commercial speech protected by the First Amendment.

The opinion also set the limit every rule still follows: "Advertising that is false, deceptive, or misleading of course is subject to restraint."

What the Supreme Court settled after Bates

Ohralik v. Ohio State Bar Association (1978) allowed discipline for in-person solicitation for a fee; Ohralik had approached a young accident victim in her hospital room. Shapero v. Kentucky Bar Association (1988) protected truthful targeted letters. Florida Bar v. Went For It (1995) upheld a 30-day ban on direct mail to accident victims. The result: truthful ads are protected, live pressure is not, and written outreach sits in between.

The 2018 ABA overhaul: why Rules 7.4 and 7.5 disappeared

On August 6, 2018, the ABA House of Delegates adopted Resolution 101, which rewrote Model Rules 7.1 to 7.5 for the internet era. Per an American Inns of Court column, Rule 7.4 on specialization was deleted and its certified specialist rule moved to Rule 7.2(c); Rule 7.5 on firm names became comments to Rule 7.1; Rule 7.3 gained a definition of solicitation and dropped the "Advertising Material" label; and Rule 7.2 began allowing nominal thank-you gifts for referrals.

The Model Rules are only a template. Each state adopts its own version on its own schedule, which is why California still has Rules 7.4 and 7.5.

What the ABA Model Rules on lawyer advertising say

Rule 7.1: no false or misleading communication

Rule 7.1 reads: "A lawyer shall not make a false or misleading communication about the lawyer or the lawyer's services." It covers your website, bios, social posts, and firm name, not only paid ads. The comments add that a true statement misleads when it omits a needed fact, when past results suggest the same outcome "without reference to the specific factual and legal circumstances" of each case, or when it makes comparisons you cannot substantiate. A disclaimer can help.

Rule 7.2: any medium, no paid recommendations, real certifications

Rule 7.2 allows you to communicate about your services "through any media," with three conditions:

• No paying for recommendations, except the reasonable cost of ads, the usual charges of a legal service plan or qualified referral service, the purchase of a practice, disclosed non-exclusive reciprocal referral agreements, and nominal thank-you gifts never promised in advance.
• No certified specialist claim unless a state-approved or ABA-accredited organization certified you and the ad names it.
• A responsible lawyer: the name and contact information of at least one lawyer or firm responsible for the content.

Comment [9] lets you say you "specialize in" a field based on experience, if that is not misleading. "Certified" is the word that triggers the stricter rule, as our entry on lawyer specialization explains.

Rule 7.3 and Rule 8.4: solicitation and the backstop

Rule 7.3 bans soliciting a specific person known to need legal help by "live person-to-person contact" when your fee is a significant motive. Exceptions: other lawyers, people with a family, close personal, or prior professional relationship with you, and people who routinely use that type of legal service for business. The comments say that websites, ads, and messages "automatically generated in response to electronic searches" are not solicitation, and that texts and chat count as written. More in our guide to lawyer solicitation rules.

Rule 8.4 makes it misconduct to break the rules "through the acts of another" or to engage in "dishonesty, fraud, deceit or misrepresentation." What your agency or lead vendor does in your name counts as yours, as ABA Formal Opinion 501 (2022) confirms for solicitation.

What lawyer advertising rules allow

The default is permission. Comment [1] to Rule 7.2 lists your contact details, services, fees and payment terms, languages, and, with their consent, clients you regularly represent.

Facts, prices, and educational content

"Flat fee: $1,500 for an uncontested divorce, court costs extra" is the modern Bates ad, and it is fine if accurate. Educational content is safer still: a post titled "What to do in the first week after a wrongful termination in Ohio," written to rank for "employment lawyer Columbus," informs without promising. It is the foundation of law firm SEO and local SEO for law firms.

Results, reviews, and paid visibility

Past results and reviews are allowed with enough context that readers do not expect the same outcome. Experience claims must be your own: Florida's comments call "over 20 years' experience" misleading when it adds up the whole firm's years. You may pay for directories, online ads, domain names, sponsorships, and marketing vendors (comment [3]), and for leads, provided the lead generator does not recommend you, takes no share of fees, and does not mislead (comment [5]).

What lawyer advertising rules prohibit

Guarantees, superlatives, and unprovable comparisons

"Guaranteed settlement," "the best DUI lawyer in Phoenix," and "100% success rate" fail Rule 7.1 unless you can prove them, and you rarely can. Florida deems inherently misleading any guaranty of results and any past result or skill claim that is not objectively verifiable (Rule 4-7.13(b)). California bans guarantees and promises of "immediate cash or quick settlements" (Business and Professions Code 6157.2).

Tone counts too. In The Florida Bar v. Pape (2005), a TV ad showing a pit bull in a spiked collar and the number 1-800-PIT-BULL was held to violate the rules, and both lawyers were publicly reprimanded.

Paid recommendations and fee splitting

Paying anyone to recommend you violates Rule 7.2(b), and sharing fees with a nonlawyer violates Rule 5.4. You cannot pay a lead generator that implies it vouches for you or analyzed the person's case to pick a lawyer. Florida treats any service that refers clients or sells leads as a "qualifying provider" that cannot share fees unless it is a bar-approved referral service (Rule 4-7.22).

Live pressure on people who need help

Visiting an accident victim or cold-calling a homeowner in foreclosure is banned live solicitation. Written outreach is allowed but regulated: Florida bars accident-related letters for 30 days (Rule 4-7.18), Texas requires solicitations to be filed with the bar, and federal law limits lawyer contact after aviation and rail accidents (49 U.S.C. 1136 and 1139).

Context decides the rest: a sponsored video ending with "Message me with questions" is advertising, while a private message to a stranger who just posted about an arrest is a written solicitation, subject to Rule 7.1 and state filing rules.

Testimonials and online reviews: ethics rules and the FTC

What the ethics rules require

The Model Rules allow client testimonials that are not misleading. Florida is stricter: a testimonial cannot be written by you, given in exchange for something of value, unrepresentative of what clients generally experience, or published without a disclaimer that results may differ (Rule 4-7.13(b)(9)). New York required "Prior results do not guarantee a similar outcome" until June 1, 2026, and the NYSBA commentary suggests lawyers may still want to use it. Everywhere, get the client's informed consent first (Rule 1.6).

The FTC Endorsement Guides and the fake review rule

The FTC's Endorsement Guides (16 CFR Part 255, revised in 2023) require you to disclose material connections with endorsers and, when an endorser's outcome is not typical, the results people can generally expect. Asking only happy clients for reviews can also be deceptive. Since October 21, 2024, the FTC's rule on consumer reviews and testimonials (16 CFR Part 465) has banned fake and AI-generated reviews, paying for positive or negative reviews, undisclosed employee reviews, review suppression, and fake followers, with civil penalties.

In practice: ask every client the same way, never tie a discount to a five-star rating, and never let staff post Google reviews.

Answering a bad review

ABA Formal Opinion 496 (2021) says a negative review alone does not justify revealing client information. Reveal nothing about the matter: invite the person to contact you, or say that professional duties prevent a detailed reply. More in our guide to lawyer reputation management.

Lawyer advertising rules online: search ads, Local Services Ads, social media, and domains

The rules are medium-neutral. For campaign setup and costs, see our guide to Google Ads for law firms; this section covers only the ethics.

Search ads and competitor keywords

A search ad answers a search, so it is advertising, not solicitation, and every rule above applies to a 30-character headline. If a claim needs a disclaimer that does not fit, cut the claim.

Competitor names split the states. North Carolina's 2010 Formal Ethics Opinion 14 calls buying another lawyer's name as a keyword "neither fair nor straightforward," a Rule 8.4(c) violation. Texas Opinion 661 (2016) allows it if the ad is not misleading. Florida bans contact information that leads someone searching for one lawyer to reach another unknowingly (Rule 4-7.13(b)(12)).

Local Services Ads and lead generation services

Local Services Ads charge per lead and show a "Google Verified" badge (formerly "Google Screened"). Pay-per-lead pricing is allowed under comment [5] to Rule 7.2, within the limits above. North Carolina proposed barring a pay-per-lead program that recorded calls, then withdrew the opinion in April 2022, reminding lawyers to investigate any program before joining. Our law firm lead generation guide compares the channels.

Social media, websites, and domain names

Profiles, posts, and websites are communications under Rule 7.1, and its comment [5] allows a website address or social media username "that is not misleading." A domain name that promises a win, or suggests a government agency, misleads. Florida exempts websites from filing (Rule 4-7.20); Texas requires only the homepage to be filed and exempts informational social posts that do not expressly offer services (Rule 7.05). See also LinkedIn for lawyers.

State lawyer advertising rules: a state-by-state checklist

Your licensing state's rules apply, and so may those of states your ads target: Florida's rules cover any lawyer who targets ads at Florida residents (Rule 4-7.11). State rules vary and change often, so confirm the current text with each state bar before an ad runs.

New York: the 2026 simplification

Effective June 1, 2026, New York adopted the ABA's 2018 versions of Rules 7.1 and 7.3, according to the New York State Bar Association. Gone: the "Attorney Advertising" label, the mandatory results disclaimer, filing and record keeping for solicitations, and the 30-day moratorium on personal injury solicitation. What remains: the misleading standard, a responsible lawyer with a phone number or office address, and Rule 7.5 on firm and domain names.

In Alexander v. Cahill (2010), a federal appeals court struck down parts of New York's 2007 rules, including the ban on nicknames such as the "Heavy Hitters" tagline of the firm that sued, while upholding the 30-day moratorium New York has now dropped.

Florida and Texas: ads reviewed by the bar

Florida requires filing each non-exempt ad at least 20 days before first use, with a fee (Rule 4-7.19). If the bar does not respond within 15 days of a complete filing, you cannot be disciplined for running it unless the bar later flags it.

Texas requires filing within 10 days after first use, or pre-approval at least 30 days before (Rule 7.04). Texas ads must also name the responsible lawyer's primary practice location (Rule 7.02(a)), and an advertised verdict later reduced must show what the client actually received (Rule 7.01(g)).

California: a statute on top of the rules

California lawyers follow Rules 7.1 to 7.5 and Business and Professions Code 6157 to 6159.2. The statute bans guarantees, undisclosed dramatizations, and contingency claims silent on costs. In electronic media, results shown out of context are presumed misleading (6158.1), and every ad must be kept for one year (6159.1).

Since January 1, 2026, under SB 37, ads must name a California lawyer or the responsible firm and the city or county of a real office, and cited awards cannot be paid for. A misled consumer can sue for $5,000 to $100,000 per ad when the advertiser keeps it running after a State Bar finding.

How to review a lawyer ad before it runs

Most violations come from a rushed headline, a vendor's template, or a testimonial without context. Ten minutes per ad prevents them.

The pre-launch checklist

1. Map every state the ad reaches and pull its current rules.
2. Prove every figure, year count, and award, and keep the proof on file.
3. Remove predictions: "guaranteed," "we win," "maximum compensation."
4. Keep superlatives only if objectively verifiable and allowed in that state.
5. Give results and testimonials context, required disclaimers, and client consent.
6. Use "certified" only with a named, accredited certifying body.
7. Name the responsible lawyer with contact details and any required office location.
8. In contingency ads, say who pays costs if there is no recovery.
9. Disclose actors, dramatizations, and AI-generated people.
10. Check what vendors say in your name, then file with the bar where required.

Who signs off, and what to keep

One lawyer approves every ad, landing page, and review request. Agencies are nonlawyer assistants you must supervise under Rule 5.3. Archive each final version with its dates, screenshots, and proof; California requires one year.

What happens when a lawyer ad breaks the rules?

Grievances come from competitors, clients, and bar reviewers. Sanctions run from private admonition and public reprimand to suspension, and to disbarment when an ad is part of broader dishonesty.

Other exposure is growing: consumer lawsuits in California, FTC penalties for fake reviews, and, in Florida, discipline for failing to file on time even when the ad complies.

The bottom line on lawyer advertising rules

Every state allows lawyers to advertise. Tell the truth with context, name a responsible lawyer, do not pay for recommendations, and do not pressure people live. The rest is your state's additions and the vendors who speak for you.

At Hendy, every ad and landing page we build for law firms goes through this checklist before launch. Browse our lawyer advertising examples. Want compliant campaigns that still bring in cases? See our law firm Google Ads agency or contact us.