Attorney Advertising Rules for the State of Texas

Texas Attorney Advertising Rules: Comprehensive Overview

Attorneys practicing in Texas must adhere to specific advertising regulations as outlined in the Texas Disciplinary Rules of Professional Conduct. These rules ensure that legal advertising is truthful, non-deceptive, and upholds the integrity of the legal profession. Below is a detailed overview of the key provisions governing attorney advertising in Texas, with references to specific rules.

Rule 7.01: Communications Concerning a Lawyer’s Services

• Prohibition of False or Misleading Communications:
  • Lawyers must not make or sponsor communications about their services that are false or misleading.
  • A communication is false or misleading if it contains a material misrepresentation of fact or law, or omits information that makes the statement as a whole materially misleading.
• Avoiding Unjustified Expectations:
  • Attorneys should not create unjustified expectations about the results they can achieve.
  • Comparisons with other lawyers’ services are prohibited unless they can be substantiated by verifiable, objective data.
• Use of Trade Names:
  • Lawyers may practice under a trade name that is not false or misleading.
  • The name of a lawyer holding a public office shall not be used in the name of a law firm during any substantial period in which the lawyer is not actively and regularly practicing with the firm.
• Communication in Multiple Languages:
  • Required statements or disclaimers must be made in each language used in the communication.
  • Simply stating that a particular language is spoken does not necessitate a disclaimer in that language.

Rule 7.02: Communications Disseminated by Public Media

• Permissible Advertising Methods:
  • Lawyers may advertise their services through public media, including print, television, radio, and electronic communications.
  • All advertisements must comply with Rule 7.01.
• Prohibited Content:
  • Advertisements must not:
    • Contain references to past successes or results unless specific criteria are met, including the amount received by the client and disclosure of attorney’s fees and litigation expenses.
    • Create unjustified expectations about results the lawyer can achieve.
    • Compare the lawyer’s services with others unless the comparison can be substantiated by verifiable data.
    • Imply the ability to influence improperly any tribunal or public official.
    • Use actors to portray clients of the lawyer or law firm.
• Designation of Practice Areas:
  • Lawyers must be competent in any area of practice they designate in advertisements.
  • Certification by the Texas Board of Legal Specialization conclusively establishes competence in the advertised area.
• Use of Actors:
  • Using actors to portray clients in advertisements is prohibited to prevent misleading portrayals.

Rule 7.03: Solicitation of Clients

• Prohibited Solicitations:
  • Lawyers must not solicit professional employment through in-person, telephone, or real-time electronic contact when a significant motive is the lawyer’s pecuniary gain, unless the contact is with:
    • Another lawyer.
    • A person with whom the lawyer has a family, close personal, or prior professional relationship.
• Written, Recorded, or Electronic Solicitation:
  • Such communications are permitted but must include the words “Advertising Material” at the beginning and end of the communication, unless the recipient is:
    • A lawyer.
    • A person with a prior professional relationship with the lawyer.
• Prohibited Solicitations:
  • Solicitation is prohibited if:
    • The prospective client has expressed a desire not to be solicited.
    • The solicitation involves coercion, duress, or harassment.

Rule 7.04: Filing Requirements for Advertisements and Solicitation Communications

• Mandatory Filing:
  • Lawyers must file a copy of all advertisements and solicitation communications with the Advertising Review Committee of the State Bar of Texas either prior to or concurrently with their dissemination.
• Exemptions:
  • Certain communications are exempt from filing, including:
    • Communications to other lawyers.
    • Communications that do not solicit paid professional employment.
• Retention of Records:
  • Lawyers must retain copies of all advertisements and solicitation communications for four years after their last dissemination.

Rule 7.05: Communications Exempt from Filing Requirements

• Exempt Communications:
  • Certain communications are exempt from the filing requirements of Rule 7.04, including:
    • Communications that are limited to existing clients or former clients.
    • Communications that do not solicit paid professional employment.
• Compliance with Other Rules:
  • Even if exempt from filing, all communications must still comply with the substantive advertising rules, including those prohibiting false or misleading statements.

Rule 7.06: Prohibited Employment

• Employment Resulting from Improper Solicitation:
  • A lawyer shall not accept or continue employment if the lawyer knows or reasonably should know that the employment results from conduct prohibited by these rules.
• Responsibility for Agents:
  • Lawyers are responsible for ensuring that their agents’ conduct complies with these rules.

Additional Considerations

Internet and Social Media Advertising

• Applicability of Rules:
  • The Texas Disciplinary Rules of Professional Conduct apply equally to advertising on websites, social media platforms, and other electronic communications. Attorneys must ensure that all online advertisements comply with the truthfulness and non-deceptive requirements outlined in Rules 7.01 and 7.02.
• Disclaimers for Online Advertising:
  • Websites and social media advertisements must include required disclaimers, such as “Advertising Material,” where applicable, to ensure transparency for potential clients.
• Avoiding Misleading Use of Reviews:
  • Attorneys must avoid manipulating client reviews or testimonials on platforms like Google or Yelp in ways that could mislead the public.

Retention of Advertising Records

• Record-Keeping Period:
  • Attorneys must retain records of all advertisements and communications for a minimum of four years from the date of their last dissemination.
• Documentation Requirements:
  • These records should include the final version of the advertisement, details about its dissemination, and any supporting evidence for claims made in the advertisement.

Filing Advertisements with the State Bar

• All advertisements, including social media and electronic communications, must be filed with the Advertising Review Committee of the State Bar of Texas before or at the time of first publication. Failure to comply with this filing requirement may result in disciplinary actions.

Enforcement and Compliance

Disciplinary Actions for Non-Compliance

• Attorneys who violate Texas attorney advertising rules may face disciplinary action, including reprimands, suspension, or disbarment.
• The Office of Chief Disciplinary Counsel is responsible for investigating and prosecuting violations of the advertising rules.

Seeking Pre-Approval

• Attorneys unsure about the compliance of a proposed advertisement can submit it for pre-approval to the Advertising Review Committee. This proactive step helps mitigate the risk of non-compliance and ensures adherence to ethical standards.

The Texas attorney advertising rules, outlined in Rules 7.01 through 7.06 of the Texas Disciplinary Rules of Professional Conduct, are designed to protect the public while maintaining the integrity of the legal profession. These rules regulate all forms of advertising, including print, television, social media, and websites, ensuring that communications are truthful, clear, and non-deceptive.

For attorneys practicing in Texas, adherence to these rules is essential not only for compliance but also for building trust and credibility with clients. To ensure compliance or seek clarification, attorneys can refer to the Texas Center for Legal Ethics or contact the Advertising Review Committee of the State Bar of Texas.