Attorney Advertising Rules for the State of Alabama

Attorneys practicing in Alabama are required to adhere to specific rules governing advertising, as outlined in the Alabama Rules of Professional Conduct. These rules ensure that advertising remains truthful, ethical, and non-deceptive. This guide provides an overview of key provisions, using rule-specific references where applicable.

Rule 7.2: Advertising

General Provisions

Under Rule 7.2, attorneys are permitted to advertise their services through various media, including print, broadcast, and electronic formats, provided they adhere to ethical guidelines.

• Truthfulness in Advertising: Attorneys must ensure that all advertisements are truthful and free of any misleading statements. Any material misrepresentation of facts or omissions that could lead to misunderstanding is prohibited.
• Mandatory Disclaimer: Rule 7.2(e) requires all advertisements to include the following disclaimer:
  • “No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.”
    This disclaimer must be clear and legible in the advertisement to avoid creating an unjustified expectation about the quality of the lawyer’s services.

Record-Keeping Requirements

Rule 7.2(b) requires attorneys to retain a copy of every advertisement for a minimum of two years. For electronic advertisements, a recording or printout of the ad must be retained.

Submission of Advertising Materials

Attorneys must submit all advertising materials to the Office of General Counsel for review. Materials can be submitted via email to advertising@alabar.org in formats such as .pdf (print), .mp3 (audio), or .mp4 (video). Each submission must comply with size limitations (maximum 20MB per email).

Rule 7.3: Solicitation of Clients

Prohibition on In-Person Solicitation

Rule 7.3(a) prohibits attorneys from soliciting professional employment in person, over the phone, or through real-time electronic communication when a primary motive is financial gain. Exceptions include:

• Solicitation directed at other lawyers.
• Communication with family members, close personal contacts, or former clients.

Written and Recorded Solicitation

Under Rule 7.3(c), written or recorded solicitation must meet the following standards:

• The words “Advertisement” must appear prominently on the envelope (in red, 14-point font) and at the beginning and end of any electronic or recorded communication.
• All solicitations must comply with Rule 7.2 regarding truthfulness and required disclaimers.

Exceptions

Solicitations to existing or former clients, family members, or close personal contacts are exempt from these restrictions.

Rule 7.4: Communication of Fields of Practice

Attorneys are allowed to communicate their practice areas under Rule 7.4. However, there are specific limitations:

• Specialization Claims: Attorneys may state that they practice in specific areas of law but cannot claim to be a “specialist” or “certified specialist” unless they have been formally recognized by an organization approved by the Alabama State Bar.
  • Example: An attorney can advertise as “practicing in personal injury law” but cannot claim to be a “personal injury specialist” without proper certification.
• Language Proficiency: Attorneys advertising language skills must specify whether they or a staff member are proficient. Any required disclaimers must also be included in the advertised language.

Rule 7.1: Communications Concerning a Lawyer’s Services

Rule 7.1 establishes the foundational requirement that all communications about a lawyer’s services must be truthful and non-misleading.

• Prohibited Statements: Attorneys cannot make false or unverifiable claims, such as guarantees of outcomes or exaggerated success rates.
• Implications of Expertise: Lawyers must avoid implying expertise or results they cannot substantiate.

Advertising in the Digital Age

The Alabama Rules of Professional Conduct apply equally to digital and traditional advertising mediums. This includes websites, social media, email, and other online platforms.

Internet-Specific Guidelines

• Rule 7.2 Compliance: All online advertisements must adhere to Rule 7.2, including the mandatory disclaimer and record-keeping requirements.
• Content Accuracy: Information provided online, such as blog posts or service descriptions, must align with the truthfulness standard of Rule 7.1.
• Social Media Usage: Attorneys using platforms like LinkedIn, Facebook, or Twitter must ensure that all posts comply with the same ethical standards as formal advertisements.

Website Requirements

Attorneys are encouraged to maintain professional websites that:

• Provide accurate information about services and practice areas.
• Include the mandatory disclaimer where appropriate.
• Ensure accessibility and clarity for all users.

Enforcement and Compliance

Disciplinary Actions

Failure to comply with advertising rules may result in disciplinary actions by the Alabama State Bar. Attorneys are encouraged to review their advertising materials periodically to ensure continued compliance.

Seeking Guidance

For questions about specific advertising practices, attorneys can consult the Alabama State Bar’s Office of General Counsel or review official opinions and rulings provided on the Alabama Bar website.

Alabama’s attorney advertising rules, as outlined in Rules 7.1, 7.2, 7.3, and 7.4, aim to maintain the legal profession’s integrity while ensuring clients are well-informed and protected. By adhering to these guidelines, attorneys can create effective and ethical advertisements that resonate with potential clients without violating professional standards.

For more details, consult the Alabama Rules of Professional Conduct or reach out to the Office of General Counsel for assistance.