- Retention of Advertising Records:
- Attorneys must retain copies of all advertisements for a minimum of two years following their last dissemination.
- Records should include when and where the advertisement was used, along with any supporting materials, such as scripts, print ads, or online screenshots.
- Website and Digital Advertising:
- Lawyers are required to preserve copies of website and digital advertising content in a durable, retrievable format for at least two years.
Digital Advertising and Social Media Compliance
Transparency on Websites and Social Media
- Applicability of Rules:
- Websites, blogs, and social media platforms must comply with Rules 7.1 through 7.5 of the Georgia Rules of Professional Conduct.
- Use of Testimonials and Reviews:
- Testimonials must not create unjustified expectations or imply guaranteed outcomes.
- Advertisements featuring specific case results must include a disclaimer that outcomes depend on the unique circumstances of each case.
Video and Audio Advertising
- Use of Dramatizations and Actors:
- If actors or dramatizations are used in advertisements, a disclaimer must state, “This is a dramatization. Not an actual client or case.”
Email and Online Solicitations
- Disclosure Requirements:
- Email solicitations must prominently display “Advertising Material” in the subject line and at the beginning of the message.
Enforcement and Compliance
Oversight by the Georgia Bar
- The State Bar of Georgia Office of the General Counsel enforces advertising rules and ensures compliance through its disciplinary system.
Consequences of Non-Compliance
- Attorneys who violate the rules may face disciplinary actions, including:
- Warnings or reprimands for minor infractions.
- Suspension or disbarment for severe or repeated violations.
Seeking Advisory Opinions
- Attorneys can seek advisory opinions from the State Bar of Georgia Ethics Hotline for clarification on advertising practices and compliance.
Additional Advertising Considerations
Contingency Fee Advertisements
- Required Disclosures:
- Advertisements mentioning contingency fees must include language explaining that clients may still be responsible for costs and other expenses, even if the case is unsuccessful.
Avoiding Misleading Statements
- Accuracy in Advertising:
- Lawyers must ensure their advertisements accurately reflect their qualifications, experience, and areas of practice. Misleading or exaggerated claims are prohibited.
Referral Practices
- Disclosure of Referrals:
- If an attorney frequently refers cases to other firms, the practice must be disclosed in advertisements, clarifying the referring attorney’s role in the case.
The attorney advertising rules in Georgia, outlined in Rules 7.1 through 7.5 of the Georgia Rules of Professional Conduct, are designed to promote ethical and transparent legal marketing. These regulations apply to all forms of communication, including traditional and digital media, to ensure clients receive honest and accurate information.
By adhering to these guidelines, attorneys can market their services ethically while building trust with potential clients and avoiding disciplinary action. For additional clarification or guidance, attorneys are encouraged to consult the State Bar of Georgia Office of the General Counsel or seek assistance through the Ethics Hotline.
