Attorney Advertising Rules for the State of Virginia

Virginia Attorney Advertising Rules: Comprehensive Overview

Attorneys practicing in Virginia must adhere to specific advertising regulations outlined in the Virginia Rules of Professional Conduct (VRPC), particularly Rules 7.1 through 7.5. These rules ensure that legal advertising is truthful, non-misleading, and upholds the integrity of the legal profession. Below is a detailed overview of the key provisions governing attorney advertising in Virginia.

Rule 7.1: Communications Concerning a Lawyer’s Services

• Prohibition of False or Misleading Communications:

  • Lawyers must not make false or misleading communications about their services.
  • A communication is false or misleading if it contains a material misrepresentation of fact or law, or omits a fact necessary to make the statement considered as a whole not materially misleading.

• Unsubstantiated Comparisons:

  • Comparisons of a lawyer’s services with those of other lawyers are prohibited unless the comparison can be factually substantiated.

Rule 7.2: Advertising

• Permissible Advertising Methods:

  • Lawyers may advertise their services through public media, such as telephone directories, legal directories, newspapers, periodicals, outdoor advertising, radio, television, and other communications not involving in-person contact.

• Payment for Recommendations:

  • Lawyers shall not give anything of value to a person for recommending the lawyer’s services, except for:
    • Paying the reasonable costs of advertisements or communications permitted by these rules.
    • Paying the usual charges of a legal service plan or a not-for-profit lawyer referral service.

• Mandatory Inclusions:

  • All advertisements must include the name and office address of at least one lawyer or law firm responsible for their content.

• Retention of Advertising Records:

  • A copy or recording of an advertisement or written communication shall be kept for two years after its dissemination, along with a record of when and where it was used.

Rule 7.3: Solicitation of Clients

• Solicitation Restrictions:

  • Lawyers shall not solicit professional employment from a prospective client by in-person, live telephone, or real-time electronic contact when a significant motive is the lawyer’s pecuniary gain, unless the person contacted:
    • Is a lawyer.
    • Has a family, close personal, or prior professional relationship with the soliciting lawyer.

• Prohibited Solicitations:

  • Solicitation is prohibited if:
    • The prospective client has made known a desire not to be solicited.
    • The solicitation involves coercion, duress, or harassment.

• Required Disclosures:

  • Written, recorded, or electronic solicitations must include the words “Advertising Material” on the outside envelope and at the beginning and end of any recorded or electronic communication, unless the recipient is a lawyer or has a prior relationship with the lawyer.

Rule 7.4: Communication of Fields of Practice and Specialization

• Stating Practice Areas:

  • Lawyers may communicate the areas of law in which they practice.

• Claims of Specialization:

  • Lawyers shall not state or imply they are certified as a specialist in a particular field of law, unless:
    • They have been certified by an organization approved by an appropriate authority or accredited by the American Bar Association.
    • The name of the certifying organization is clearly identified in the communication.

• Mandatory Disclaimer:

  • Communications indicating specialization must include the disclaimer: “The Supreme Court of Virginia does not certify specialists in the practice of law.”

Rule 7.5: Firm Names and Letterheads

• Use of Firm Names:

  • Firm names, letterheads, and other professional designations must not be misleading.

• Trade Names:

  • Use of trade names is permissible if they do not imply a connection with a government agency or with a public or charitable legal services organization and are not otherwise in violation of Rule 7.1.

• Names of Deceased or Retired Partners:

  • The name of a deceased or retired partner may be used in a firm name if the use is consistent with local custom and not misleading.

• Public Office Restrictions:

  • Lawyers who hold public office cannot be included in a firm name or in communications during a substantial period in which they are not actively practicing with the firm.

• Jurisdictional Limitations:

  • If a firm operates in multiple jurisdictions, advertisements and letterheads must indicate any limitations for lawyers not licensed to practice in a particular jurisdiction.

Record-Keeping Requirements

• Retention of Advertising Records:

  • Attorneys must retain a copy of all advertisements for a minimum of two years after dissemination.
  • This includes maintaining a record of when and where the advertisement was used.

• Website Record-Keeping:

  • Lawyers must capture and retain backups of their websites, including all new or revised content, and retain this information for two years to ensure compliance with advertising rules.

Digital Advertising and Social Media Compliance

• Applicability of Rules:

  • All digital communications, including websites, blogs, and social media platforms, must comply with Rules 7.1 through 7.5 of the Virginia Rules of Professional Conduct.

• Use of Testimonials and Reviews:

  • Testimonials must not create unjustified expectations or imply guaranteed outcomes.
  • Any use of testimonials referencing specific case results must include a disclaimer clarifying that results depend on the unique circumstances of each case.

Video and Audio Advertising

• Use of Dramatizations and Actors:
  • If dramatizations or actors are used in advertisements, a disclaimer must clearly state, “This is a dramatization. Not an actual client or case.”

Email and Online Solicitations

• Required Disclosures:
  • Email solicitations must prominently display “Advertising Material” in the subject line and at the beginning of the email body.
• Prohibited Practices:
  • Solicitation through email or online platforms involving coercion, misleading statements, or harassment is strictly prohibited.

Enforcement and Compliance

Oversight by the Virginia State Bar

• The Virginia State Bar is responsible for overseeing compliance with advertising rules and enforcing violations through its disciplinary system.

Consequences of Non-Compliance

• Attorneys who fail to adhere to the rules of professional conduct may face disciplinary actions, including:
  • Reprimands for minor infractions.
  • Suspension or disbarment for severe or repeated violations.

Advisory Opinions

• Attorneys unsure about their advertising practices can seek advisory opinions from the Virginia State Bar Legal Ethics Committee. This ensures compliance and reduces the risk of ethical violations.

Additional Advertising Considerations

Contingency Fee Advertising

• Required Disclosures:
  • Advertisements referencing contingency fees must disclose that clients may still be responsible for court costs and other expenses, even if the case is unsuccessful.

Avoiding Misleading Statements

• Accuracy in Advertising:
  • Advertisements must accurately represent the lawyer’s qualifications, experience, and areas of practice. Misleading or exaggerated claims are strictly prohibited.

Referral Practices

• Disclosure of Referrals:
  • Attorneys who frequently refer cases to other firms must disclose this practice in advertisements, specifying their role in the referred cases.

Virginia’s attorney advertising rules, as outlined in Rules 7.1 through 7.5 of the Virginia Rules of Professional Conduct, promote transparency, truthfulness, and professionalism in legal marketing. These rules apply to all forms of advertising, including traditional and digital platforms, to ensure that potential clients receive honest and accurate information.

By following these guidelines, attorneys can market their services ethically, build trust with potential clients, and avoid disciplinary actions. For further guidance, attorneys are encouraged to consult the Virginia State Bar Legal Ethics Committee or seek assistance from the Virginia State Bar.