Advertising is a powerful marketing tool that can promote your legal services, reach prospective clients and expand your firm’s visibility. Yet many law firms are hesitant to advertise due to ethical concerns. It’s true that professional conduct rules limit how lawyers can advertise. However, it’s possible to develop a legal advertising campaign that is both ethical and impactful.
Is Advertising by Lawyers Allowed?
The simple answer is that yes, attorney advertising is allowed and has been since 1977. Law firms and individual lawyers have a First Amendment right to advertise using websites, paid search, social media ads, email, video, online directories and, of course, traditional public media like print, radio and TV.
The more complex answer is that advertising content is regulated under state rules of professional conduct. Ads must be truthful, not misleading, capable of substantiation and within solicitation limits. So long as ad copy is honest, advertising is a perfectly legal and ethical way to connect with prospective clients.
How Lawyer Advertising Evolved
Before 1977, legal advertising was considered unprofessional and unethical. Then, the landmark Bates v. State Bar of Arizona Supreme Court decision changed everything. Today, under ethics rules outlined in the Code of Professional Responsibility, lawyers and law firms can advertise their services.
The 1977 Bates Decision
In 1976, lawyers Bates and O’Steen placed an ad offering legal services in the Arizona Republic, despite the State Bar of Arizona prohibiting advertising at the time. The State Bar disciplined Bates and O’Steen, and they responded by arguing the State Bar’s advertising restriction violated their right to free speech. Ultimately, the Supreme Court ruled in their favor in Bates v. State Bar of Arizona, deciding the First Amendment protects truthful advertising by lawyers.
Following Bates, you might think lawyers jumped at the chance to reach potential clients in a new way. However, the decision only addressed legality – not ethics. Many attorneys had lingering discomfort with paid advertising. The American Bar Association (ABA) began to provide advertising guidelines in its 1983 Model Rules of Professional Conduct, which included standards prohibiting lawyers from making false or misleading advertisement statements. Still, it would be decades before the legal industry fully embraced advertising.
From Directories to Television
For firms that tested the advertising waters after the Bates ruling, it was primarily in the form of listings in telephone directories like the Yellow Pages, or simple print ads in newspapers. The advertisements included basic information and were often limited to text. With time, some firms began to experiment with simple taglines like “Experience in Family Law.” This conservative approach underscored that lawyers didn’t want to stray too far from tradition.
This all changed in the 1980s. In 1984, New Jersey became one of the first states to allow law firm radio and television advertising, with the N.J. Supreme Court stating, “Previous rules were steeped in traditions that severely limited communication. The new rules are more consistent with modern goals of increased information as a basis for consumer decisions.” However, there were specific restrictions, including “lawyers may not employ cartoons, dramatizations, personal endorsements or music and may not compare themselves with other lawyers in their radio or television ads.”
Personal injury lawyers in particular took advantage of public media to reach a larger audience. This was the dawn of the catchy taglines and statements we see today, like “We will fight for you!” or “You may be entitled to a large cash award.”
Example: 1990s New York TV commercial featuring Bruce Davis promoting 1-800-LAWYERS
Even though ads were becoming commonplace, they had critics in the legal world. Many felt that firms were competing on slogans rather than substance.
Texas attorney Jim Adler, one of the first to air commercials, said in a CBS News interview, “I was a pariah. People couldn’t believe that I advertised.” Regardless of what his colleagues thought about his ad, Adler said his slogan — “I’m Jim Adler, the tough, smart lawyer!” — worked. “I went on one channel, and the phone started ringing off the hook.” To date, Adler says his firm has spent over $100 million on advertising.
Example: Jim Adler – “I’m Jim Adler, the tough, smart lawyer!”
As law firms began adopting more sophisticated marketing strategies, there was a growing need for a professional network that could share best practices and promote ethical standards. The National Association of Law Firm Marketing Administrators was formed in 1986, now known as the Legal Marketing Association (LMA).
Former LMA President Mike Ralston said in an interview that before LMA was formally established, a group of law firm marketers came together in 1985–86 to discuss the field. He noted that there was “something of a clandestine air about the whole thing,” and many of the attendees did not want their names or the names of their law firms published in any formal notes. It’s clear there was still a stigma surrounding legal marketing.
Today, LMA is a thriving organization with thousands of members globally who hold the titles of Marketing Director, Business Development Director or similar roles, which is a testament to how much this area has grown.
Law Firm Ads Go Digital
The introduction of the internet completely changed the game for law firm advertising. As firms began cautiously experimenting with this new technology, websites became a new badge of credibility. Although early websites were simple, they gave firms a place to showcase the breadth of their services and expertise.
As we entered the early 2000s, search engine companies like Google again transformed the digital advertising landscape. Search engine optimization (SEO) and pay-per-click advertising allowed law firms to target keywords such as “real estate lawyer Los Angeles” or “personal injury lawyer Chicago” to strategically find new clients. SEO-driven content remains an essential component of many law firms’ marketing campaigns.
At the same time, social media platforms like Facebook, Twitter and LinkedIn provided another opportunity to create visibility. These platforms have enabled lawyers to showcase their personality and humanize their image while building trust with prospects and referral sources. This also marked the beginning of an ongoing conversation about social media ethics.
Many (but not all) lawyers have embraced digital and social media advertising to promote their practice. Still, ABA and state bar guidelines are clear: online advertising is regulated communication.
Lawyer Advertising Rules in Key States
ABA Model Rules of Professional Conduct 7.1 – 7.5 provide the framework for attorney advertising ethics, but it’s up to individual state bars to adapt and enforce their own Rules of Professional Conduct. Most states have adopted ABA Rules 7.1 and 7.2 without major changes. Rule 7.1 states that lawyers cannot make false or misleading statements about their services, while Rule 7.2 outlines which methods of communication attorneys can use to advertise. Rule 7.2 also prohibits attorneys from paying for recommendations.
Each state’s highest court is in charge of enforcing these rules. If the court rules that an attorney or law firm has violated legal advertising requirements, they may face reprimand, censure, suspension or disbarment in extreme cases.
California
The State Bar of California provides guidelines for advertising content in its Rules of Professional Conduct. These rules align with ABA Rules 7.1 and 7.2. However, California is proof that attorney advertising rules are still evolving. As of January 1, 2026, Senate Bill 37 has significantly tightened lawyer advertising guidelines in the state. Most significantly, the law broadened the definition of an “advertisement” to include anything that promotes hiring a lawyer. SB 37 also requires ads to name a responsible California-licensed attorney and an office location; restricts claims about skill or record; limits pay-to-play award references; and created a private right of action with statutory damages.
New York
New York has some of the most detailed law firm advertising rules in the country. Per the New York State Bar Association, ads must be labeled “attorney advertising” and include the firm name and principal law office address. The “attorney advertising” disclaimer can’t be hidden away, either – even electronic mail that includes advertising must state it in the subject line. Marketing materials that include client testimonials must also have a “prior results do not guarantee a similar outcome” disclaimer. Finally, digital ad copy must be retained for at least one year, and all other ad copy must be retained for at least three years.
Illinois
Illinois’ Rules of Professional Conduct specifically state that guidelines apply to advertising material disseminated through electronic and recorded communication, in addition to public media. Solicitations must include the name of a responsible attorney. Like New York, lawyers that advertise in Illinois must also include an “attorney advertising” disclaimer.
Florida
Florida is widely regarded as the state with the strictest attorney advertising rules. Most television, radio, print and digital advertising materials that promote legal services must be submitted to the Florida Bar Ethics and Advertising Department for approval at least 20 days before first use, unless the content is presumptively valid. The Florida Bar allows for some exemptions, most notably law firm websites. Communications sent at the request of prospective clients are also exempt.
How to Advertise a Law Firm Today
A successful law firm advertising campaign needs to be ethical, but it also needs to generate client leads. How leads are generated depends entirely on your firm’s target audience, practice areas, business development goals, budget and overall branding. The truth is that there is no one-size-fits-all approach to advertising legal services. The right marketing campaign for your firm will likely include a mix of traditional advertising, digital advertising and public relations tactics tailored to reach your target prospective clients.
Owned Channels and Search Visibility
Your firm’s website is the foundation of your digital advertising efforts. It serves as a hub for your owned content and is often the last stop before leads convert to clients. Search engine optimization, SEO-driven content and paid search help drive prospective clients to your website. Other elements of your online presence, like online reviews and listings in reputable directories, also help lift your ranking in search engine results and bring clients to your website.
Earned Visibility and Thought Leadership
While paid advertising generates visibility, thought leadership generates credibility. Public relations tactics like speaking engagements, social media presence, client testimonials, bylined articles and media relations demonstrate your expertise and increase trust in your firm. This is especially important for litigation, when paid advertising may not be appropriate, but litigation public relations can be used effectively and ethically to influence public sentiment.
Choosing the Right Advertising for Your Law Firm
Although it’s been a slow change, law firms today have proven you can advertise without sacrificing integrity or ethics. Marketing can be done in an authentic, professional way that still gets the attention of prospective clients – without going full Saul Goodman!
Example: Better Call Saul | Jimmy Saves the Billboard Worker
That’s not to say every marketing strategy is right for every law firm. How you approach marketing depends on your law practice, business development goals, target audience and budget. For example, a nationwide personal injury law firm will likely have a robust campaign that includes TV, radio, billboards, digital and social media advertising to reach a wide variety of people. A boutique family law firm with a niche client base may find greater success in personalized, focused advertising in a local market. Advertising initiatives should be tailored to reflect who you want to reach, your growth strategies and the resources you have available.
Work with a Law Firm Marketing and PR Agency
Berbay Marketing & Public Relations has nearly three decades of experience providing law firms with strategic marketing and public relations services that connect you with prospective clients. We have demonstrated success securing media placements, achieving nominations and rankings, revitalizing websites and social media, obtaining speaking engagements and more.
Looking to grow your firm with a proven marketing and PR team? Contact Berbay at 310-405-7343 or info@berbay.com to partner with us and showcase your legal services.
Disclaimer: This blog post is informational only. It is not legal advice. Legal advertising rules vary by jurisdiction and can change. Consult the relevant state bar to confirm current rules before engaging in attorney advertising.
For the purpose of this blog, we use advertising and marketing interchangeably.
