Rule explainer Not legal advice

State bar advertising rules for a law firm blog

Read this to find out which of your bar’s advertising rules a blog post can actually break, and what each asks of a page before it goes up. It runs in the rules’ own order, from whether they reach you to what is left when the page comes down.

The rulesABA Model Rules 7.1, 7.2 and 7.3. They bind nobody on their own: each state’s highest court adopts a version and its own bar enforces it. There is no federal regulator of lawyer advertising. Sources 1, 3, 5 and 9, at the foot of this page.
How these rules got here
  1. June 27, 1977Advertising stops being bannedIn Bates v. State Bar of Arizona the Supreme Court struck down a blanket ban on lawyer advertising and named the limit it left standing: advertising “that is false, deceptive, or misleading of course is subject to restraint”.
  2. 1984 to 2009The states adopt, one at a timeThe ABA’s list opens with New Jersey in July 1984 and closes with Maine in February 2009. California is not on it, and Puerto Rico is recorded as not having adopted at all.
  3. SinceFive rules became threeThe ABA’s table of contents lists Rule 7.4 and 7.5 as Deleted. Specialist claims moved into 7.2(c), firm names into the Comment to 7.1, and advertising now sits in three rules.
Scope

Does it reach you?

Four situations cover nearly every firm here, and the second is the one people are actually asking about.

ApplicabilityThe Comment to Rule 7.1 opens: “This Rule governs all communications about a lawyer’s services, including advertising.” Communications, not advertisements, and no exception for a blog. Source 2.
You have practice-area pages and a contact form
The rules reach you
Every page describing what your firm does is a communication about your services, and all three rules are live on it. Keep reading for the ones nobody is sure about.
Your blog is explanation, with no pitch anywhere in it
It reaches the parts about you
A post explaining how a filing deadline works is not a statement about your firm. The byline is. So is the credentials line under it, and the paragraph at the bottom about how you handle these matters. The rule follows the sentences that describe you or your services, wherever they sit.
When a post becomes a communication →
An agency or a freelancer writes the posts
Not them. You.
The Rules bind lawyers, so an agency or a contract writer answers to nobody at your bar. Rule 8.4(a) closes the gap from the other side: it is misconduct for a lawyer to violate the Rules “through the acts of another”. Whoever typed it, the lawyer who let it up owns it.
You are admitted in more than one state
Read your own rule
These are Model Rules. Your state’s highest court adopted a version, in some cases forty years ago, and has amended it since. Numbering drifts and substance with it, and some states add obligations the model has none of. Where two reach one page, write to the stricter.
Getting your bearings

Three rules, three different jobs

They print as one block on your bar’s website, which is why they get read as one rule. They are not. 7.1 is a standard: it governs everything you say about yourself or your services, and holds it to one thing. 7.2 is a short list of permissions and requirements: which media you may use, what you may pay for, what a specialist claim needs, whose name appears. 7.3 is about who you contacted, and barely touches what you published.

Nearly everything a firm publishes lives under 7.1, and most arguments about a draft are arguments about its second sentence. 7.2 catches a handful of things a blog does routinely. 7.3 rarely reaches a published page at all, and the fear of it costs firms work they could be doing.

Reading note7.1 is two sentences. 7.2 has four paragraphs, (a) to (d). 7.3 has five, (a) to (e). That is the whole of the Model Rules on advertising. Sources 1, 3 and 5.
Which rule reaches this?
Worked examples
Worked from the rules’ own words. Where a real page lands depends on your state’s version and your facts.
The text

The three rules, in their own words

Shorter than their reputation, and 7.2(a) settles the first question firms ask in one line: a lawyer may communicate information about the lawyer’s services “through any media”. No medium is off limits. Left, the rest of the text. Right, what it means when the communication is a page on your site.

Reading noteThe middle column is verbatim from Model Rules 7.1, 7.2 and 7.3 and the Comment to 7.1. Where a long paragraph is cut, the cut is marked. Sources 1 to 5.
ABA Model Rules 7.1 to 7.3, as written
Point at either side to link them
Verbatim
In plain English
7.1A lawyer shall not make a false or misleading communication about the lawyer or the lawyer’s services.
7.1
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 EnglishThe second half is what catches websites: every sentence can be true and the page still fail, because of what is not on it. Note considered as a whole. A qualifier three screens below the claim may not be doing the work you think.
7.1 cmt [3]
A communication that truthfully reports a lawyer’s achievements on behalf of clients or former clients may be misleading if presented so as to lead a reasonable person to form an unjustified expectation that the same results could be obtained for other clients in similar matters
In plain EnglishYou may write about results. You may not present them so a reader concludes theirs will go the same way. The same Comment adds that appropriate qualifying language may preclude that finding, which is what the prior-results notice is for.
7.2(b)
A lawyer shall not compensate, give or promise anything of value to a person for recommending the lawyer’s services except that a lawyer may: (1) pay the reasonable costs of advertisements or communications permitted by this Rule …
In plain EnglishThe line runs between buying space and buying a recommendation. The Comment says a communication recommends you if it endorses or vouches for your abilities, and that a listing by practice area, without more, does not.
7.2(c)
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 that has been accredited by the American Bar Association; and (2) the name of the certifying organization is clearly identified in the communication
In plain EnglishTwo conditions, both of which have to hold. Note or imply: that is how a bio reaches this rule without using the word. Naming the body is not a courtesy, it is the second condition.
7.2(d)
Any communication made under this Rule must include the name and contact information of at least one lawyer or law firm responsible for its content
In plain EnglishThe quietest requirement here and the one a website breaks most often: a post with an author name and no firm, a landing page with a form and no address.
7.3(a)
“Solicitation” or “solicit” denotes a communication initiated by or on behalf of a lawyer or law firm that is directed to a specific person the lawyer knows or reasonably should know needs legal services in a particular matter and that offers to provide … legal services for that matter
In plain EnglishFour things, all true at once. A post anybody can read fails the second outright: it is directed to nobody in particular. That is the whole reason publishing is not soliciting.
Quoted text is the Model Rules’ own. The right-hand column is our rendering, not part of any rule. Sources 1 to 5.
Vocabulary

Four words that carry the weight

The three rules reuse one handful of terms, and an argument about a draft is nearly always an argument about one of them. Material is the fourth: would a reasonable reader decide differently if they knew?

Communication

Not “advertisement”. 7.1 reaches anything you say about yourself or your services, and the Comment says so: the Rule governs all communications about a lawyer’s services, advertising included.

Imply

In 7.2(c) and again in 8.4(e), both times as “state or imply”. A page can imply what no sentence on it says: a badge, an adjacent seal, a photograph of a courthouse, the order the paragraphs run in.

Unjustified expectation

From the Comment to 7.1. The test is not whether your result was real, but whether presenting it that way leads a reasonable person to expect the same, without reference to the facts and law of their own matter.

The part almost nobody explains

The claim you cannot back up

Most firms read the rules as a ban on saying anything specific about their practice and strip the numbers out. A real cost, paid for a requirement that is not there.

The line“an unsubstantiated claim about a lawyer’s or law firm’s services or fees, or an unsubstantiated comparison of the lawyer’s or law firm’s services or fees with those of other lawyers or law firms, may be misleading if presented with such specificity as would lead a reasonable person to conclude that the comparison or claim can be substantiated”. Source 2.
What people think it says

Keep figures about your own practice off your website.

Nothing in the three rules says it. Read this way, a firm strips out the detail that distinguishes it from every other firm in the county and publishes the interchangeable page.

What it actually says

If you state it with the specificity of a fact, be able to show that it is one.

The Comment’s test is the impression left: a claim put so precisely that a reasonable reader concludes it must be backed. The figure is fine. What is not is one nobody at the firm could reproduce in a year, which is a records problem rather than a legal one.

Standing behind one sentence: something a colleague could rebuild without you. None of it is filed anywhere and no regulator is waiting on a form
The sentence as publishedThe exact words, not what you meant by them
What the figure countsThe matters inside it, defined the way you defined them
What it leaves outDeclined matters, referrals out, the ones still open
When it was computedThe date the number was true, not the date it was typed
The words that travel with itAny qualifier the claim needs in order to be fair
Who could redo itA named person at the firm, and not the one who wrote the post
The rule people misapply

Solicitation, and the line that is not where you think

Firms hold content back because they have read 7.3 and taken it for a rule about marketing. It is a rule about who you approached, and it prohibits less than anyone assumes. Drag the audience and watch what engages.

ConditionsThe definition at 7.3(a) has four parts that must all hold. The prohibition at 7.3(b) is limited to “live person-to-person contact”. 7.3(c) applies whether or not (b) does. Source 5.
Who receives it
Drag the audience
The same article, four ways of delivering it Published where anyone can find it
Not a solicitation
  • Rule 7.1, on every word of it 7.1 Applies
  • It is a solicitation as 7.3(a) defines one 7.3(a) Not met
  • The prohibition on live person-to-person contact 7.3(b) Not met

A page open to the world is directed to nobody in particular, so the second part of the definition fails and 7.3 never starts. 7.1 is reading every word, and 7.2(d) wants a responsible lawyer named.

7.1 never switches off. It applies at every position here, and it is the only one of the three that reaches a page you simply published. Sources 1 and 5.

Publishing is not soliciting, and the confusion costs firms real work. An open page fails one part of the definition outright: it is not directed to a specific person. A firm keeping its blog thin out of respect for 7.3 has applied a rule about who it telephoned to a question about what it wrote. Two things sit outside all of it anyway: 7.3(d) exempts communications authorized by law or ordered by a court, and 7.3(e) permits taking part in a prepaid or group legal service plan run by an organization you neither own nor direct.

Records

No clock in the model, which is not the same as no records

Read Model Rule 7.2 straight through and there is no retention period in it. Four paragraphs: media, what you may pay for, specialist claims, whose name goes on it. The absence reads like permission and is not one.

RetentionRule 7.2 runs (a) to (d) and none of those is a retention period. Whether your state sets one, or wants certain communications filed or labelled, is worth twenty minutes with your bar’s rule before you assume it does not. Sources 3 and 7.
One post, and the duty sitting on it
Model Rule 7.1
Taken down. Only your copy says what it said. Still up. The communication is still being made.
Start: the day it published no model end date

The page is gone and what it said is now a question of evidence. A site edited in place holds none: the version live two years ago was overwritten by the one live now, and nothing recorded the difference.

7.1 is not a test the page passed on the day it published. It is a standing statement about your services, judged as it reads today. A damages cap that was right when you wrote it is a misleading communication now, and nobody touched the page.

The decision that matters is made long before anyone asks. A system that overwrites a page and keeps no prior version has already settled what you can produce. Sources 1 and 3.

Which is the argument for records nobody ordered you to keep. What to write down on the day sits on the AI page in this section rather than here. What to keep, and who signs it off →

One section about our software, then back to the rules

What Verand checks of these rules, and what it does not

Everything above holds whether or not you buy anything. This is how much of it a check on a draft can actually see. The right-hand column is longer, which is why we print it.

What it checks

  • Blocks a promised outcome, and blocks “best attorney”, “#1 law firm” and the rest of that family unless the line attributes the ranking to a named source. Both are Rule 7.1. That tier has no override.
  • Blocks any line implying pull with a court. Connections at the courthouse, knowing the judge, friends in the prosecutor’s office. Rule 8.4(e).
  • Blocks six more from the baseline underneath: guaranteed results, guaranteed returns, cannot-lose, get-rich-quick, risk-free and zero-risk. The last two release only on a written, logged reason.
  • Flags contingent-fee framing that says nothing about costs, because a client may still owe case expenses. A warning: it shows on the report and stops nothing.
  • Requires the legal disclaimer block, three cited sources with one from the primary tier, and article schema, on every draft.

What it does not

  • It does not check your state’s rule. The pack is the generic baseline built on the Model Rules. State overlays are written down and not shipped, so anything your bar bans that the model does not is yours to add as your own banned claim, where it gates like a pack rule.
  • It does not decide whether a page is a communication about your services. That turns on facts outside the text, so every draft is checked as though it were. Where that line sits →
  • It does not read Rule 7.3 at all. Solicitation is a question about who you contacted and how, none of which is visible in the words of a post.
  • It does not check two things in 7.2. Whether a certifying organization is one your state approved needs a name the software does not hold, and the responsible-lawyer line at 7.2(d) is a check on a site’s structure, not a draft. Neither is built, and neither is guessed at.
  • It does not publish. Nothing reaches your site without a lawyer at your firm approving it, and no setting changes that.

Validated against the ABA Model Rules. AI-researched and operator-reviewed. Your counsel confirms applicability. Not legal advice. How we label review →

Questions

The ones a partner asks first

About the rules, not our software. Each points at the paragraph it comes from.

Does 7.1 apply to a post that never mentions my firm?

To the parts of it that do. An explanation of how a statute works is not a statement about your services. The byline is, and so is the paragraph at the end about how your firm handles these matters. Both sit on almost every post, which is why the rule follows sentences rather than pages.

Can I write about a case I won?

Yes. The Comment says a truthful report of what you achieved may be misleading if presented so as to create an unjustified expectation, and in the next breath that appropriate qualifying language may preclude that finding. The constraint is on presentation, not subject. It does mean a results post carries the prior-results notice.

Can I pay for a directory listing or a sponsored write-up?

Paying the reasonable costs of advertising is permitted at (b)(1), and the Comment names online directory listings, domain registrations, sponsorship fees and website designers among the things you may pay for. Paying a person to recommend you is the prohibited thing, and the Comment draws that line at whether the communication endorses or vouches for your abilities. A listing by practice area is not a recommendation; a paid write-up calling you excellent is another animal.

My bio says I specialise in employment law. Is that a problem?

It depends on whether the line reads as a certification claim, and the rule reaches implication as well as statement. Where you are certified, name the certifying organization: 7.2(c) asks for it to be clearly identified, and a page omitting it fails even though the certification is real. Where you are not, the version that survives says what you do rather than what you are.

Three rules take ten minutes to read. Holding four hundred pages to them does not.

Verand drafts in your firm’s voice, with your own facts in it, and runs the checks above before a reviewer opens it. A lawyer at your firm presses publish.

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