Introduction: Why Ethical Online Marketing Matters
Today, as more consumers go online to select legal counsel, a growing number of law firms are seeking to expand their clientele through online marketing. The Web has become one of the most important tools attorneys have to generate leads and develop client relationships.
To get the most value from Web-based marketing, it’s important that law firms address the three elements of successful online client development: Visibility (attracting prospects to a Web site via search engine optimization or a presence in legal directories), design and relevant, well-written content. It’s even more important, however, that lawyers who are entering the online realm understand the ethical guidelines that govern how a law firm markets itself online, including the elements that can (and cannot) be included in a Web site.
Much of this regulation is state-specific. In almost all instances, however, the ethical standards governing print ads, brochures and radio spots also apply to online marketing activities.
By meeting the ethical guidelines that apply to the online information you disseminate, you can protect your law firm’s reputation, prevent it from running afoul of the state ethics committee — and make the most of the clientdevelopment opportunities that are available to law firms online.
Determining Which Ethics Rules Apply
In every state, professional responsibility rules govern the conduct of attorneys. Each state has rules that govern the interactions that the legal profession has with clients, adversaries, courts, potential clients and the public.
All states also have rules specific to attorney advertising. Many states, although not all, follow the American Bar Association (ABA) Model Rules of Professional Responsibility or a variation thereof. An additional source of regulation are federal laws that attempt to limit spam and other online abuses.
The ABA Model Rules prohibit the dissemination of “false and misleading” communications. Because there are state-by-state differences, however, in how that prohibition is interpreted — and since a Web site or online ad can be accessed by virtually anyone, anywhere — a key issue for attorneys is to determine which jurisdictions apply to their online marketing activities.
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