Michael Epps Utley {kind=image/jpg}
My father was an attorney for most of his career. In 1986, long before the internet was popular and available, he started a bankruptcy firm in Jackson, TN, that streamlined the handling of bankruptcy cases using software and early online submissions. And while he was innovative and growth-minded, he didn’t like that lawyers were allowed to advertise.
When the Supreme Court affirmed lawyers’ right to advertise (as protected free speech), he saw it as a departure from the official role of the job, which is an extension of the court.
Things are very different today. Two years ago, in 2024, more than $2.5 billion was spent on 26.9 million ads across media for legal services or soliciting legal claims across the U.S. A large portion of budgets allocated to marketing and advertising is going toward online strategies such as SEO, advertising, and social media, with almost 50% of law firms committing to an annual marketing budget. With over 75% of prospective clients visiting two to five websites before contacting an attorney, the pressure to outperform can lead to tactics that violate regulations and can result in punitive action and reputational loss.
There’s a solid line between visibility and violation, but ethical marketing is possible. In fact, it’s essential. The key is understanding how the rules apply to law firm marketing in an evolving digital landscape.
Ethics and Law Firm Marketing
State bar associations and high courts maintain the authority to regulate attorney advertising. Rules vary by jurisdiction, but most adopt the American Bar Association (ABA) Model Rules of Professional Conduct, which strictly prohibit misleading statements, unverifiable claims, improper use of specialized language, and guarantees of outcomes. Testimonials, fee disclosures, and disclaimers are also regulated.
Today’s law firms must operate within those parameters. The ones that run into trouble are usually not intentionally deceptive; rather, they adopt an aggressive approach based on other industry messaging and activities without doing their own due diligence on the legal profession’s standards.
How Can a Legal Business Behave Ethically in Marketing?
While this question applies to every industry, it carries particular weight in law. At its core, ethical marketing rests on five pillars:
Radical Transparency: Fees, services, and limitations should be clearly stated. Fine print can’t be used to correct misleading headlines.
Accuracy Over Promotional Hype: If you cite awards or recognition, ensure they’re legitimate and up to date. Objectively verifiable credentials are required. Vague superlatives are prohibited.
Respect for Prospective Client Vulnerability: Legal claims generally fall into these categories: bankruptcy, divorce, criminal defense, or injury—areas in which people feel desperate and out of their depth. Marketing must inform individuals, not exploit their fears.
Data Privacy and Consent: Intake forms, consultations, and tracking technologies must protect sensitive information. For example, retargeting ads in highly personal practice areas must be approached with caution to ensure compliance with required codes of conduct.
Clear Boundaries Between Information and Advice: Educational content should include explicit disclaimers and avoid applying the law to specific, personal situations. The goal is to provide value without forming an attorney-client relationship.
What Ethical Law Firm Marketing Looks Like
A specialized marketing agency can help ensure your campaigns align with both your growth objectives and ABA regulations. It’s important to remember that you are ultimately responsible for your messaging, even if a third party produced it. Oversight is crucial.
Marketing done right should include:
Educational blog content that answers common client questions.
Transparent Google Business Profiles with accurate information.
Search Engine Optimization (SEO) and Generative Engine Optimization (GEO) that helps prospective clients find relevant legal information.
Thought leadership that demonstrates a specialization without making inflated claims.
Community engagement that reinforces your reputation.
All the above comply with jurisdictional advertising rules.
A Practical Marketing Ethics Compliance Checklist for Law Firms
To align ethics and law firm marketing with both professional standards and modern visibility strategies, firms should build compliance into their marketing operations.
Here’s that checklist:
Review State Bar Rules Annually
Lawyers can advertise, but they must comply with ABA Model Rule 7.2 and state equivalents governing communications about legal services. Avoid implying specializations unless your firm is formally certified by an ABA-accredited organization or authorized state body.
Avoid Guarantees and Unverifiable Claims
Making promises such as “We will win your case” or “Guaranteed settlement” is impermissible. Comparative superlatives like “Best,” “Top,” or “Number 1” are also prohibited unless objectively verifiable. You can reference past results, but only with clear disclaimers to avoid creating unjustified expectations. In short, all claims must be truthful, accurate, and substantiable.
Use Clear, Conspicuous Disclaimers
Disclaimers should clarify that advertising content is not legal advice, does not create an attorney-client relationship, and that prior outcomes do not guarantee similar future results. These statements must be visible, understandable, and not buried in fine print if they’re to prevent confusion and uphold ethical marketing standards.
Active Third-Party Vendor Oversight
Under ABA Model Rule 5.3, attorneys remain responsible for the conduct of nonlawyers, including SEO providers, lead generation platforms, and social media managers. A law firm marketing agency must operate within state bar advertising rules, but the ultimate accountability rests with you, the attorney. Active oversight and due diligence are essential.
Protect Client Data at Every Stage
Marketing data should be treated with the same confidentiality as client information under ABA Model Rule 1.1 and 1.6. Secure intake forms, encrypted data storage, controlled CRM access, and compliance with privacy regulations (such as CCPA or GDPR, where applicable) all reinforce trust and uphold professional integrity.
Train Intake Staff on Ethical Communication
Nonlawyer personnel within your firm must be trained to avoid providing legal advice, making outcome predictions, or inadvertently forming attorney-client relationships. Clear scripts, protocols, and ongoing compliance training can protect both your firm and prospective clients.
Balancing Growth and Professional Integrity
The legal profession is competitive, and strategic marketing is the key to increasing visibility and establishing credibility and trust. Ignoring it is not an act of nobility; it can make you invisible.
Ethical marketing gives those in need of legal advice fast access to your website and insight into your areas of specialization. When transparency, protection of the profession’s integrity, and trust are in place, marketing is an asset that benefits both parties.
My father believed deeply in the integrity of the professional attorney. As do I. The difference between then and now, however, is that visibility is part of the mix. Marketing should support your role and clearly communicate your services. Growth and integrity can work together; they’re not mutually exclusive.
If your firm is looking to grow through strategic marketing that respects and upholds the ethical standards within the legal profession, connect with the team at GoEpps Digital Marketing. Book your free strategy call today.
