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Word Games: Attorney Web Site Copy and State Bar Compliance
By
Cynthia Turcotte,
Legaldex.com
It seems these days that every attorney wants to hang his or
her shingle on the Net. The number of law firm web sites
currently active online is staggering. A search on Google for
'law firm', for example, turns up a whopping 6,360,000 search
results. Quite a large number, isn't it?
The competition for law firms
to be seen first online (or if not first then at least
*before* one's competition) is fierce. Every attorney is eager
to demonstrate to web site visitors that they are the most
experienced, most competent, most results-oriented person to
handle their particular case.
But how far can you go in
extolling the virtues of your law practice before you run
afoul of your state Bar Association's rules and ethics
regarding advertising? I've seen attorney web sites make
claims that would *never* appear in print, radio or television
advertising.
Is it because attorneys are
genuinely unaware of the guidelines surrounding advertising
(specifically Internet advertising)? This is the most likely
possibility in my opinion. It may also be due to poor guidance
on the part of the law firm's web designer or - in the worst
case - simply a matter of feeling that, given the enormity of
the Internet, they can get away with it.
Despite state Bar Association
regulations governing attorney advertising, certain near-hype
phrases and descriptions appear with increasing frequency on
attorney web sites. For example:
- "...we specialize in [area
of law]."
- "...experts in [area of
law]."
- "...number one law
firm..."
- "...the best law firm
in..."
Florida Bar regulations
governing attorney advertising state the following in
Rule 4-7.2 Communications Concerning a Lawyer's Services:
- Communication of Fields
of Practice. A lawyer may communicate the fact that the
lawyer does or does not practice in particular fields of
law. A lawyer shall not state or imply that the lawyer is a
specialist except that a lawyer who complies with the
Florida certification plan as set forth in chapter 6, Rules
Regulating The Florida Bar, or who is certified by an
organization whose specialty certification program has been
accredited by the American Bar Association may inform the
public and other lawyers of the lawyer’s certified areas of
legal practice and may state in communications to the public
that the lawyer is a “specialist in (area of
certification).”
- Prohibited information.
The prohibition in subdivision (b)(1)(D) of comparisons that
cannot be factually substantiated would preclude a lawyer
from representing that the lawyer or the lawyer’s law firm
is “the best,” “one of the best,” or “one of the most
experienced” in a field of law.
Does your state Bar Association have similar regulations?
Links to state ethics rules governing attorney advertising,
solicitation and marketing
can be found here.
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