Lawyer advertising rules and phone words
Published
How the ABA Model Rules and state rules on lawyer advertising apply to a phone number that spells a word, and how to check a word before you advertise it.
The rule every state starts from
Lawyer advertising is regulated by each state, and most states base their rules on the American Bar Association's Model Rules of Professional Conduct. Model Rule 7.1 says a lawyer shall not make a false or misleading communication about the lawyer or the lawyer's services. A phone number in an ad is part of the communication, so a word it spells is held to the same standard as the rest of the ad.
Source: ABA Model Rule 7.1: communications concerning a lawyer's services
Words that suggest a result
The comment to Model Rule 7.1 explains that even a truthful statement can mislead if it leads a reasonable person to form an unjustified expectation that the same results could be obtained for them. A word that promises an outcome, such as a win or a payout, raises that question. A word that names the practice or the process, such as LAW, LEGAL, TRIAL, DEFEND or VISA, does not.
Some states spell this out more strictly than the Model Rules, so a word that is acceptable in one state may draw questions in another.
Source: ABA: comment on Model Rule 7.1
The firm's name goes with the number
Model Rule 7.2 requires a communication about a lawyer's services to include the name and contact information of at least one lawyer or law firm responsible for its content. A word number can serve as the contact information, but it does not replace the firm's name: print and say both.
Source: ABA Model Rule 7.2: communications concerning a lawyer's services, specific rules
State rules differ
States adopt their own versions of these Model Rules, and many add requirements of their own. Some ask lawyers to file certain ads with the bar for review, some require set wording in ads, and some require copies of ads to be kept for a period. The ABA keeps a chart of how state advertising rules differ from the Model Rules.
Source: ABA: differences between state advertising and solicitation rules and the Model Rules
A check before you advertise
This guide is general information, not legal advice. Your state bar's rules and ethics opinions are the final word on what a lawyer may advertise there.
- Read the word as a prospective client would. Does it describe the work, or promise a result?
- Put the firm's name beside the number in every ad.
- Look up your state's version of the advertising rules and any filing it asks for.
- If the ad runs in more than one state, check each state's rules.