Making Sure Your Law Firm Website Complies with State Bar of Texas Ad Rules
Websites for Texas law firms and solo practitioners must comply with the State Bar of Texas advertising rules to avoid the risk of penalties under the Texas Disciplinary Rules of Professional Conduct. Fortunately, the updated rules provide a clear path to ensure your website passes review.
Some lawyers and firms fail to submit their websites for mandated State Bar of Texas Advertising Review Department review despite the risk of being reported by a competitor, aggrieved former client, or member of the public. If Ad Review identifies a rules violation that goes unaddressed, disciplinary action can follow.
Like television or print advertisements, websites are considered public advertising by the State Bar of Texas. All such ads, including websites, must be submitted to Ad Review along with a $100 application fee for preapproval or concurrent review. Sites submitted for preapproval are reviewed within 30 days.
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Submitting legal advertisements for review has never been easier. An online instructional video explains the process in conjunction with a user guide posted by the State Bar.
Firm websites that fail to meet approval typically must be updated to be compliant within 20 days. If the violations are not resolved, Ad Review will file a complaint with the Bar’s Disciplinary Counsel.
Latest Updates to Texas Lawyer Advertising Rules
Trade Names – The once-forbidden use of trade names for Texas law firms is now allowed under Rule 7.01(c), so long as the names are not false or misleading. For example, the “Texas Personal Injury Law Center” is a safer bet compared to “Texas Best Personal Injury Law Firm,” which could reasonably be considered misleading. Ad Review will determine whether a trade name passes muster regardless of whether the same name has been registered with the Secretary of State. Seeking preapproval is the best way to avoid headaches down the road.
Jurisdictional Identification – Under the same rule, “... identification of the lawyers in an office of the firm shall indicate the jurisdictional limitations on those not licensed to practice in the jurisdiction where the office is located.” That could impact firms where lawyers are licensed out of state but are listed as being in the home office.
Verdict Amounts – The Ad rules previously covered this area in a more complicated fashion, but the update clearly spells out what is and is not allowed when publishing verdict amounts. The short story is that firms must disclose the disparity in verdict totals and actual recoveries by listing the exact amount a client received. Previously, verdict amounts were required to also list all the costs borne by a client before final payment, such as expert fees, court costs, and other case expenses. That means dollar figures posted on law firm websites must reflect whether a verdict was reduced, reversed, or settled for a lesser amount.
Stolen Valor – The rule governing verdict amounts also addresses how firms should attribute credit for said verdicts. This is particularly important for lawyers who list case accomplishments at prior law firms, some of whom innocently or knowingly misrepresent their roles. “A lawyer who did not play a substantial role in obtaining an advertised judgment or settlement is subject to discipline . . .” if they overstate their role in that judgment or settlement, the rule states. Unless an attorney played a significant role in achieving a result, it’s best to either not mention it or specify that the attorney “served in a supporting role on the legal team” (or similar language).
Common Ad Rules Violations
Solo practitioners, legal boutiques, and even the “Big Law” firms encounter many of the same problems when their websites face the Ad Review process. While some might believe their website needs only to be truthful, the reality is there are many ways a seemingly “innocent” site can be found in violation.
Board Certification – Many firm websites note that an attorney “specializes” in a particular area of law. While that may be true practically, the word “specialize” is a term of art when it comes to legal advertising. Specifically, the ad rules do not allow an attorney to advertise that they “specialize” in any area of law unless they have earned Board Certification from the Texas Board of Legal Specialization. Said differently, if you haven’t earned Board Certification in one of the 27 areas offered by TBLS, then you are at risk of being hit with a complaint if the word “specialize” or a similar term is used to describe your work.
Unfair Comparison to Other Firms – Under the current rules, attorneys are prohibited from comparing their services with other lawyers’ services unless verifiable, objective data can substantiate the comparison. Many lawyers unwittingly violate this rule when differentiating themselves or their firms. For example, if your website says, “Most law firms will handle your case by doing X, but we do Y,” then you are subject to receiving a violation notice.
Photos of Non-lawyers – Many firms rely on stock photography when assembling their websites for various reasons, including the expense of professional photography. Stock photos are typically used to communicate a setting, such as a business meeting or medical exam. Unfortunately, most of those pictures also include images of real people who have no affiliation with the firm. Since the Texas rules prohibit using an actor or model to portray a client or firm attorney, your site may be hit with a complaint or notice of violation if it includes a photo of someone who doesn’t work at your firm or isn’t clearly labeled as a client.
Bruce Vincent is a writer and editor who has helped large and small firms create and maintain State Bar-compliant marketing materials and websites for over 25 years. He was the only reporter in the state to provide gavel-to-gavel coverage of the 1995 federal trial that resulted in the Texas ad rules. He can be reached at bruce.vincent@muselegalpr.com.