ABA Update To Lawyer Website Ethics

Jeff Berman
October 26, 2010

In his article, Recent ethics opinion: Lawyer websites, Peter Geraghty (Director, ETHICSearch) discusses the recently updated ethics opinion from The ABA Standing Committee on Ethics and Professional Responsibility.

The opinion sheds light on many ethical considerations relating to law firm website content, communications with website visitors, and warnings and disclaimers.

Some Highlights:

  • Law firm websites may provide biographical information about firm members, general information about the law firm including its history and areas of practice, and may also include information about prior engagements and client names so long as the clients give their informed consent
  • Lawyers should also include qualifying language or disclaimers that “may preclude a finding that a statement is likely to create unjustified expectations or otherwise mislead a prospective client.”
  • Law firm websites may also provide legal information to the general public. This may take the form of articles about the types of law in which the firm has a concentration, links to blogs or a FAQ (frequently asked questions) post
  • Lawyers should provide warnings on their websites that state that the information provided is general in nature and should not be relied upon as legal advice, and that legal advice cannot be given without consideration of all the relevant facts related to the website visitor’s individual circumstances.
  • If a law firm website invites or requests a website visitor to submit information that may begin the discussion of whether to establish a lawyer-client relationship, then the provisions of Rule 1.18 may apply. If there is no such invitation and the visitor nonetheless submits information, the nature of the lawyer’s response will determine whether Rule 1.18 is applicable.
  • Lawyers ought to use warnings to limit or disclaim a lawyer’s obligations to a website visitor, the committee stated, but they must be clear and understandable by a reasonable person. Furthermore, if the lawyer acts in a manner that is inconsistent with the warnings or disclaimers on the website, the warnings may become ineffective.

This opinion provides at least some guidance about information that is permissible on a law firm website. Of course, legal professionals should check with their state bars to ensure that their website is compliant in their state. Some states have unique rules specifically pertaining to websites that may not be covered by this opinion.

Jeff Berman
Jeff Berman, is co-founder of AttorneySync. "Properly marketing a law firm online is about producing relevant content that helps a prospective client understand your expertise and how you are able to help them. Finally, it’s about getting that content found by the people you are trying to help."
Subscribe
Notify of
guest
0 Comments
Oldest
Newest Most Voted
Inline Feedbacks
View all comments

Let's Discuss Your Growth

Helping law firms grow profitably with digital marketing and can prove it.

Barry Conybeare

We are so impressed with AttorneySync and their digital marketing services. We started with an audit of our digital presence and hired them thereafter. Fixes to the website and other platforms quickly followed and we have seen a substantial increase in online traffic, new client calls, and new client contracts. Strongly recommend AttorneySync!

Let's Talk

How can we help?

More From Our Blog

April 25, 2025
Do Confidentiality Rules of Professional Conduct Prohibit Use of Google's Local Services Ads?

On April 22, 2025, Google sent an email updating Local Services Ads Additional Terms for Providers: Subject: Action required: important updates to Local Service Ads Additional Terms Many people are arguing that lawyers cannot participate in Local Services Ads, as this would constitute a per se violation of the Rules of Professional Conduct related to […]

Read More
March 13, 2025
Lawyerist + Lunch Hour Legal Marketing Collaboration

Conrad and I recently joined Zack at Lawyerist to record a conversation about AI and marketing. You might think that we spend the whole time on how lawyers can use AI to publish content. You'd be wrong. While AI can certainly support publishing, there are many more interesting ways to use it in legal marketing. […]

Read More
March 11, 2025
ChatGPT Legal Services Consumer Journeys and Marketing Attribution

As more legal services consumers turn to ChatGPT for local law firm recommendations, a fascinating intersection between AI, search, and maps unfolds. While Google remains the undisputed leader in local business data, ChatGPT is increasingly becoming an entry point for searchers seeking legal representation. But here’s the kicker: instead of keeping users within its ecosystem, […]

Read More
March 10, 2025
Law Firm Brand Amplifies All Marketing

When law firms contact us, they usually want to talk: • PPC Ads • SEO Rankings • Lead Generation Very few want to talk: • Brand • Trust & Recognition • Emotional Connection Admittedly, much of this concerns that AttorneySync is known for lead generation across those common digital channels. But even when we start […]

Read More
March 6, 2025
Artificial Intelligence Overviews (AIO) in Legal SEO

According to an October 2024 study by SE Ranking: "The legal niche triggers the highest percentage of AIOs (77.67%). The average number of links matched between the AI Overview resources and the top 20 search results was 6.49 for legal topics. AI Overviews for legal topics most frequently link to NYCourts.gov (114 links), YouTube.com (48 […]

Read More
February 27, 2025
You Can’t Hire for Law Firm SEO If You Don’t Understand It

I'm grateful for my friend, Charley Mann of Law firm Alchemy. If you're a lawyer, subscribe to his Free Email List. In a recent email, Charley calls out bad guru advice on hiring: "Trying to execute a major SEO improvement? You need to find people who will help you, instead of trying to DIY it […]

Read More
February 26, 2025
Law Firm SEO Success Isn't What You Think It Is

If you’ve spent any time on LinkedIn, you’ve likely seen posts from law firm SEO experts showing off charts with an “up and to the right” trajectory. These screenshots, often pulled from tools like Semrush or Ahrefs, are meant to signal SEO success. And it’s not just the agencies celebrating—𝗹𝗮𝘄 𝗳𝗶𝗿𝗺𝘀 𝘁𝗵𝗮𝘁 𝗵𝗮𝘃𝗲 𝗵𝗶𝗿𝗲𝗱 𝘁𝗵𝗲𝗺 […]

Read More
February 15, 2025
What "Meh, Links" Means

Meh, links! All things being equal, links still tend to move the dial more than any other factor in legal SERPs. Maybe links are having a diminishing impact internet-wide. But in my experience, quality links, especially relevant links (both topically and geographically), tend to improve law firm visibility in search more than most everything else. […]

Read More
February 11, 2025
Law Firm Community Leadership: Do Well by Doing Good

When you think of "marketing," what's the first thing that comes to mind? Ads? SEO? Social Media? What about: Helping others?Taking the lead? Rallying around your community? Need an example? Learn from Bart Siniard at Siniard Law Injury Attorneys efforts to help rebuild Mary's Pit BBQ. These efforts aren't about marketing. They're about supporting a […]

Read More

Let's Discuss

Questions or comments? Let's discuss on social!
Testimonials on this site are from examples of real client results. The results you see are not typical. They do not guarantee similar results. Individual results may vary based on a variety of factors. Your results may vary.
envelope
linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram