ABA Rule 7.1: Law Firm Website Compliance Guide
By Jackson • 12/27/2024
Law firms, like my own, rely heavily on their online presence to attract new clients. In fact, at my law firm, the vast majority of my clients found my firm because my firm ranked on the first page of Google. But the increase in digital marketing comes with the responsibility of ensuring that all your advertising efforts comply with ethical and professional licensure standards. One of the most critical ethical rules for legal advertising is ABA Model Rule of Professional Conduct 7.1, which governs attorney advertising and communication.
In this comprehensive guide, we will explain ABA Model Rule 7.1, we will provide some examples of possible violations you can make when engaging an SEO marketing agency, and provide actionable steps for you to take to make sure your website content remains in compliance with Rule 7.1. There are many SEO marketing agencies that target or claim an expertise in marketing for law firms. However, only a few of these SEO marketing agencies are actually run by a licensed attorney, with Scribble being one of them. While I, Jackson, a licensed attorney in Illinois, review all of the content at Scribble published to law firm websites, Scribble ultimately defers the professional responsibility of compliance with ABA Model Rule 7.1 and the attorney’s state rules of professional conduct to the attorney using Scrabble’s service. Nevertheless, our goal is to drastically reduce or eliminate the time spent reviewing and editing SEO content by aspiring to avoid the common violations of ABA Model Rule 7.1. This is exactly one of the reasons I founded Scribble with Evan—I was having to re-write entire articles provided by my previous SEO agency.
What is ABA Model Rule 7.1?
ABA Model Rule 7.1 states:
“A lawyer shall not make a false or misleading communication about the lawyer or the lawyer’s services.”
All forms of lawyer advertising, including website content, social media profiles, and online ads, must be truthful, accurate, and not misleading. Violating Rule 7.1 can result in disciplinary action by your state bar and can harm your reputation and client trust.
Understanding the Key Provisions of ABA Model Rule 7.1
To avoid violations of Rule 7.1, law firms need to understand what constitutes a false or misleading communication. Here are the main provisions and concepts that lawyers must consider when creating content for their websites:
1. False or Deceptive Claims
Any claim on your website that is factually incorrect or could mislead potential clients is a violation. This includes:
- Overstating your success rate: Claims like “We win 99% of our cases” or “We always win” cannot be substantiated and would be misleading.
- False endorsements: If you claim that a celebrity, influencer, or authority figure endorses your services without proof, it could lead to disciplinary action.
2. Unverifiable Statements
Even statements that are not outright false can violate Rule 7.1 if they are unverifiable. For instance:
- “Best lawyer in [City]” or “Top-rated divorce attorney” are examples of unverifiable superlatives unless they can be backed up by objective data such as client testimonials, recognized awards, or third-party rankings.
- Make sure any claim about your services is specific and verifiable.
3. Vague or Ambiguous Language
The use of ambiguous or unclear language can also result in Rule 7.1 violations. For example:
- Terms like “we are experts in personal injury law” or “leading experts in family law” can be misleading without clear definitions or proof. Not to mention, they can be a violation of ABA Model Rule 7.2.
- Be specific about your practice areas and avoid generic terms that may give a false impression of your expertise.
4. Comparative Advertising
Comparative advertising refers to advertising in which a law firm directly or indirectly compares its services with those of other lawyers or firms. Examples may include:
- Claiming superior results or “better” outcomes (e.g., a higher success rate in personal injury cases).
- Contrasting fees (e.g., “We charge less than competitors”).
- Comparing reputation or client satisfaction (e.g., “Top-rated on Google with 500+ reviews”).
- Highlighting superior client service (e.g., “24/7 availability”).
While these tactics may help attract new clients, law firms must be careful to ensure that their content remains truthful and does not exaggerate claims or make unfounded comparisons.
How Law Firms Can Ensure ABA Model Rule 7.1 Compliance
Now that we’ve established the key provisions of Rule 7.1, let’s discuss the actionable steps you can take to ensure your website content complies with the rule. These steps will help you avoid ethical pitfalls while ensuring your law firm’s marketing remains effective.
1. Review Your Website Content Regularly
Your website content should be reviewed on a regular basis to ensure accuracy and compliance with ethical standards. This includes:
- Checking claims: Ensure any statement about your firm’s performance, practice areas, or attorney qualifications is factually correct.
- Avoiding misleading headlines: If you claim to be the “top attorney” or “leading firm,” make sure this can be substantiated by rankings, awards, or verifiable client outcomes.
2. Avoid Guarantees and Promises
It’s essential to understand that guaranteeing outcomes or promising specific results is a violation of ABA Model Rule 7.1. For example, avoid phrases such as:
- “Guaranteed win” or “We will get you the maximum compensation” because no attorney can guarantee the outcome of a case.
Instead, focus on emphasizing your experience and commitment to clients. For example, “Our team has extensive experience handling personal injury cases and works tirelessly to achieve the best possible outcomes for clients.”
3. Use Testimonials and Reviews Wisely
Client testimonials and reviews are powerful marketing tools, but they must comply with Rule 7.1. Avoid using:
- Exaggerated or unverifiable client reviews: Testimonials should be accurate and represent the true experience of your clients.
- Unsubstantiated success claims: If you display client testimonials, ensure they are relevant and truthful without exaggerating specific case results.
4. Provide Clear Practice Area Descriptions
Be specific and clear when describing your practice areas. Avoid vague language like “we handle all legal matters.” Instead, outline the specific types of cases you handle, such as:
- Family Law (e.g., divorce, child custody, spousal support)
- Personal Injury (e.g., car accidents, medical malpractice)
- Criminal Defense (e.g., DUI, drug offenses, white-collar crime)
Being clear and transparent about the scope of your services will prevent any misleading impressions and align with Rule 7.1.
5. Add Required Disclaimers
Some states require specific disclaimers in attorney advertising, especially if you’re using testimonials, case results, or endorsements. Make sure to:
- Include disclaimers like “prior results do not guarantee a similar outcome.”
- Clearly state whether the results showcased are representative of the typical outcome or specific to individual cases.
6. Adhere to State-Specific Bar Guidelines
Finally, keep in mind that each state has its own rules in addition to ABA Model Rule 7.1. Ensure your content complies with any local advertising rules or regulations as well as your state bar rules of professional conduct.
Conclusion: Protect Your Law Firm’s Reputation and Maintain Compliance
Adhering to ABA Model Rule 7.1 is not just about avoiding disciplinary action—it’s also about protecting your reputation and maintaining client trust. A website that is transparent, truthful, and compliant with advertising rules will not only attract clients but also build long-term relationships based on integrity.
By following these best practices and ensuring your website content is in line with ABA Model Rule 7.1, you will safeguard your firm’s ethical standing while continuing to grow your online presence. If you’re uncertain about your website’s compliance, consulting with an experienced legal marketing professional can help you stay on the right track.
Frequently Asked Questions (FAQs)
Q1: Can I claim to be the best divorce lawyer in my city on my website?
No, unless you have objective data, such as verified rankings or awards, to support this claim. Unsubstantiated superlatives like “best” or “top-rated” are considered misleading under Rule 7.1.
Q2: Is it okay to use client testimonials on my website?
Yes, but ensure the testimonials are truthful, accurate, and not misleading. Avoid exaggerated statements that suggest guaranteed outcomes or exceptional results that cannot be replicated.
Q3: Can I compare my law firm to a competitor on my website?
Yes, but the comparison must be factual, substantiated, and not misleading. Avoid using vague language like “better than” or “cheaper than” without proof to back up the claims.