texas lawyer how to advertise.without soliciting

by Kacie Sauer 10 min read

Is it legal to advertise a law firm in Texas?

In Texas, attorney advertising is regulated by the Texas Disciplinary Rules of Professional Conduct in Rule 7.01-7.07. The Texas Disciplinary Rules of Professional Conduct govern attorney and law firm content published on the internet and attorney or law firm advertising or marketing websites.

How are lawyer solicitation communications and advertisements reviewed in Texas?

Texas lawyer solicitation communications and advertisements must be reviewed by the Texas Advertising Review Department. The department is responsible for reviewing attorney and law firm advertisements and solicitation communications as required by Part VII of the Texas Disciplinary Rules of Professional Conduct.

How do I contact the State Bar of Texas for advertising?

The State Bar of Texas can be contacted at: Texas Bar Advertising Review - Visit the website for the State Bar of Texas to find the advertising review rules and submission requirements as listed by the Texas Disciplinary Rules of Professional Conduct (TDRPC).

What happens if an ad is not filed with the Texas Bar?

Read the specific Advertising Review Rules, Interpretive Comments, and Opinions. If an ad comes to the attention of the Texas Bar that has not been filed and it is not exempt from the rules, the State Bar may assess a $250 fine and a $100 review fee for failure to comply with the filing requirements.

image

Are lawyers allowed to advertise themselves?

A lawyer's best advertisement is a well-merited reputation for professional capacity and fidelity to trust based on his character and conduct. For this reason, lawyers are only allowed to announce their services by publication in reputable law lists or use of simple professional cards.

Can lawyers advertise on the Internet?

(a) Subject to the requirements of Rulesrules 7.1 and 7.3, a lawyer may advertise services through any written,* recorded or electronic means of communication, including public media.

Are law firms allowed to advertise?

Paragraph 8.9 of the Code of Conduct for Solicitors, RELs and RFLs says: You do not make unsolicited approaches to members of the public, with the exception of current or former clients, in order to advertise legal services provided by you, or your business or employer.

Is it ethical for an attorney to advertise?

According to the ABA Rule 7.3 regarding Solicitation of Clients, a lawyer or law firm cannot direct any advertising communication to a specific person who needs legal services for a certain matter, and offer to provide legal services for that particular matter.

Why lawyers should not be allowed to advertise?

The advertisements can be misleading and might lead to unhealthy competition, and its expenditure may result in inappropriate fee hikes and deterioration in the quality of services provided by the lawyers. It is regarded as unprofessional and unethical.

How do lawyers advertise?

For decades, attorneys have taken advantage of traditional advertising in the form of law firm print ads, billboards, and more. Now, thanks to modern technology, attorneys also have access to effective digital advertising in the form of pay-per-click (PPC) ad campaigns, search advertising, and social media.

When did it become legal for attorneys to advertise?

What can be called the modern era of attorney advertising began on June 27, 1977. That was the day the U.S. Supreme Court handed down its decision in Bates v. State Bar of Arizona, essentially striking down prohibitions against advertising by attorneys.

Are lawyers allowed to advertise in US?

United States. Lawyer advertising in the United States is legal, although subject to ethical rules promulgated by state bar associations.

What are the rules for advertising?

Under the watchful eye of the FTC, the following general advertising rules must be followed:Ads must be truthful and non-deceptive.Businesses must have evidence to back up their claims.Ads can't be unfair, meaning the advertisement can't cause substantial injury to consumers that consumers can't reasonably avoid.

Is Attorney Advertising protected by First Amendment?

First Amendment protects lawyer advertising This action violated a state rule flatly prohibiting such advertising. Faced with a suspension, the attorneys challenged the rule unsuccessfully in state court.

What are lawyers not allowed to do?

“An Advocate shall not solicit work or advertise, either directly or indirectly, whether by circulars, advertisements, touts, personal communications, interview not warranted by personal relations, furnishing or inspiring newspaper comments or procuring his photograph to be published in connection with cases in which ...

What are the exceptions to the direct solicitation rule?

There are essentially only three exceptions to such contact: (1) direct contact with clients with whom the lawyer has had a prior professional relationship; (2) direct contact with individuals with whom the lawyer has an established personal relationship; or (3) solicitation of clients for “political” purposes rather ...

Attorney Advertising Laws in Texas

The Texas Disciplinary Rules of Professional Conduct requires lawyers to file a copy of most public media advertisements and solicitation communications with the Advertising Review Committee prior to dissemination, or concurrently.

Recommended Posts

Today we are going to help you plan, create, and track law firm website content that gets you: More visitors to your site More social media shares Top rankings in Google search results But this isn’t just another summary of content marketing strategies. We’re going to show you exactly how to create winning content that […]

Proposed Structural Changes

I call the first five changes structural in nature. These are the kind of changes that lawyer ethics nerds will love.

Proposed Exemptions from the Filing Requirement

Unless an exception or exemption applies, Texas lawyers must file advertisements and solicitation communications with the Advertising Review Committee, which requires filling out a form and paying a fee. This general requirement will not change.

Things Texas Lawyers Would Now Be Allowed To Do

This is the big one. Rule 7.01 (c) would expressly provide that “ [l]awyers may practice under a trade name that is not false or misleading.” Law firm names would no longer be limited the name or names of current or past partners.

image

Proposed Structural Changes

Proposed Exemptions from The Filing Requirement

  • Unless an exception or exemption applies, Texas lawyers must file advertisements and solicitation communications with the Advertising Review Committee, which requires filling out a form and paying a fee. This general requirement will not change. This filing requirement creates a problem for lawyers who use social media for professional networking a...
See more on fiveminutelaw.com

Things Texas Lawyers Would Now Be Allowed to Do

  • #11: Use a trade name (if not false or misleading) This is the big one. Rule 7.01(c) would expressly provide that “[l]awyers may practice under a trade name that is not false or misleading.” Law firm names would no longer be limited the name or names of current or past partners. I don’t really have a dog in the trade name fight, so I’ll leave it to others to debate this one. I’ll just be cur…
See more on fiveminutelaw.com

For Television and Radio Advertisements and Internet Video

  • Mail to the address at the bottom of this page. For television advertisements or Internet videos, please make sure the production script shows BOTH the video AND audio components of the advertisement
See more on texasbar.com

Internet Advertisements

  • Mail to the address at the bottom of this page. For television advertisements or Internet videos, please make sure the production script shows BOTH the video AND audio components of the advertisement {Back to top}
See more on texasbar.com

Mailing Address & Contact Information

  • For US Postal service deliveries: Advertising Review Committee State Bar of Texas PO Box 12487 Austin, TX 78711-2487 For delivery services other than US Postal Service: Advertising Review Committee State Bar of Texas 1414 Colorado St., 5th Floor Austin, TX 78701 Do you still have questions after reviewing the information on this page? Please contact us. {Back to top}
See more on texasbar.com