In 2022, the ABA amended Model Rules 7.1 through 7.3 for the first time in approximately 20 years. The changes affected the rules on client testimonials, endorsements, digital advertising, and solicitation. If your firm has not reviewed its marketing practices since then, you may be out of compliance with the model rules and, depending on your state's adoption timeline, with your state's rules as well.

Attorney advertising rules exist in tension with free speech and competitive marketing. The rules are complicated by the fact that each state adopts its own version of the model rules, and several states have rules that are significantly more restrictive than the ABA's model. California, Florida, and New York all have additional requirements that attorneys in those states must follow.

This guide covers the core advertising rules, what changed in 2022, how the rules apply to digital advertising and client reviews, and the variations in the most restrictive states.

Disclaimer: This article is for general information only and does not constitute legal advice. Advertising rules vary significantly by state. Consult your state bar's ethics resources or qualified legal ethics counsel before running advertising campaigns or implementing marketing practices.

The Core Rules: 7.1, 7.2, 7.3, and 7.4 Explained

Model Rule 7.1 (Communications About a Lawyer's Services): Prohibits false or misleading communications about the lawyer or the lawyer's 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 as a whole not materially misleading. This is the foundation of all attorney advertising compliance. Everything else builds on this.

Model Rule 7.2 (Communications Concerning a Lawyer's Services, Specific Rules): Permits advertising through any media. An attorney may state that they are certified as a specialist by a named organization if the organization is approved by the state bar or accredited by the ABA. Prohibits giving anything of value to a person for recommending the lawyer's services, with exceptions for qualified referral services, paying for advertising, and nominal gifts for unsolicited referrals.

Model Rule 7.3 (Solicitation of Clients): This is the rule that changed most significantly in 2022. The pre-2022 version prohibited "real-time electronic contact" for solicitation. The 2022 revision replaced that with a broader prohibition on any solicitation (by any means) to a prospective client where the attorney knows the person is not in a position to exercise reasonable judgment. Solicitation is still prohibited when the prospective client has asked not to be contacted, and when the solicitation involves coercion, duress, or harassment.

Model Rule 7.4 (Communication of Fields of Practice and Specialization): Permits attorneys to communicate that they practice in particular fields of law. Prohibits claiming certification as a specialist unless the attorney has been certified by an organization that meets the state's approval requirements.

What "False or Misleading" Actually Means in Practice

Rule 7.1 is applied broadly. Several categories of common marketing statements have been found to be potentially misleading:

Superlatives without basis: "The best personal injury attorney in Miami," "Top divorce lawyer," "Most successful immigration attorney" are all statements that require substantiation. "Best" claims based on lawyer rating services are permitted if the rating service is independent and the claim accurately reflects the rating received.

Results-based claims without context: "We recovered $10 million for our clients last year" may be technically accurate but misleading if it suggests typical results. Many states require a disclaimer when past results are advertised, stating that past results do not guarantee similar outcomes.

Availability claims: "Available 24/7" requires that you actually be available 24/7 in a meaningful way. A phone number that goes to voicemail after hours does not meet that standard.

Omissions that create false impressions: A website that prominently features large verdicts without noting that those represent exceptional outcomes, not typical ones, may violate Rule 7.1 through omission even if each individual statement is technically accurate.

Client Reviews, Testimonials, and Endorsements

The 2022 revision to Rule 7.2 explicitly addressed testimonials and endorsements. Under the current model rules, a lawyer may use testimonials from clients, provided the testimonial does not violate Rule 7.1 (no false or misleading content) and is accompanied by a disclaimer if necessary to prevent a misleading impression.

Key compliance considerations for client testimonials:

Google reviews and third-party platform reviews are generally considered public speech that the attorney does not control. The complication arises when the attorney responds to reviews in a way that discloses confidential client information or that could be considered advertising. Responding to reviews in a compliant way typically means: thanking the reviewer without confirming or denying that they are a client, and not discussing any details of representation in the response.

Online Advertising Compliance: Google Ads, Meta, LinkedIn

Digital advertising through Google, Meta, or LinkedIn is subject to the same rules as any other attorney advertising. The medium does not change the ethical standard. Specific issues that arise with digital advertising:

Targeting: Rule 7.3's solicitation prohibition applies to targeted advertising directed at specific individuals known to be in need of legal services. Broadly targeted advertising (by geographic area, by search keyword) is generally fine. Advertising targeted by name at specific individuals who have recently been arrested, filed for bankruptcy, or been involved in an accident raises solicitation concerns in many states.

Disclaimers: Many states require specific disclaimer language in attorney advertising ("This is an advertisement," "Prior results do not guarantee a similar outcome"). Ensure your ad copy and landing pages include any required disclaimers for each state where the ads are shown.

Review gating: Practices that selectively solicit reviews from satisfied clients while discouraging reviews from dissatisfied ones have been found to violate advertising rules in some states, as they create a misleading impression of overall client satisfaction.

The Solicitation Rules and When They Apply

The 2022 revision to Rule 7.3 represented a significant liberalization from the prior rule. "Real-time electronic contact" is no longer specifically prohibited. Instead, the focus is on whether the solicitation occurs when the prospective client is not in a position to exercise reasonable judgment due to their circumstances (such as immediately after an accident or arrest), and whether the contact involves coercion, duress, or harassment.

In practice, a follow-up email or text to a prospective client who submitted an intake form on your website is not solicitation in the prohibited sense. That person has affirmatively expressed interest. A text message sent to someone moments after they were involved in an accident, obtained from a police scanner or emergency call log, raises serious solicitation concerns under both Rule 7.3 and consumer protection laws.

State Variations: California, Florida, New York

Three states have significantly more restrictive rules than the ABA model:

California: California has not adopted the 2022 model rule revisions and maintains its own advertising rules under the California Rules of Professional Conduct, which prohibit communications that are "false, deceptive, or misleading" and impose specific requirements for dramatizations and actors in advertising. California also has separate requirements for targeted direct mail advertising to prospective clients.

Florida: Florida maintains some of the most restrictive attorney advertising rules in the country. Florida requires that all attorney advertising be submitted to the Florida Bar for review, either before publication or within 20 days of first use. Non-compliance results in Bar discipline regardless of whether the underlying advertising was substantively compliant.

New York: New York requires certain attorney advertising to include specific disclaimer language and has specific rules about the use of "attorney" versus "lawyer" in advertising, trade names, and comparative statements.

If you practice in any of these states, consulting your state bar's advertising guidelines and review procedures before running new advertising campaigns is essential.

Most law firms discover advertising rule complications after the fact, when a bar complaint is filed or a review is flagged. Building a quick compliance review into your marketing process, before campaigns go live, costs almost nothing and avoids significant disruption. Automated lead follow-up systems that respond to inbound inquiries are generally compliant; outbound solicitation to individuals who have not expressed interest raises more questions. If you want to understand where your current intake and marketing practices stand, book a free audit call. For related marketing guidance, see our post on law firm marketing: the complete guide for small firms.