Do rules of professional conduct apply to law firm marketing on the internet?
A law firms may be tempted to reach the conclusion that its home page is not advertising and therefore, there is no need to comply with the “advertising rules.” From a marketing perspective, avoiding the rules means avoiding the baggage of including disclaimers, labeling copy as “advertising material,” retaining copy and in a few states, submitting for prior or concurrent review of the “ads.” More restrictive rules of some states prohibit client testimonials, illustrations, animations and anything that evokes an emotional response. By avoiding the rules, the firm has more latitude to convey its message. The marketing process is altogether easier and more likely to succeed. Unfortunately for firms interested in creating and maintaining a presence on the internet, the threshold question is not whether it is advertising, but instead, whether the home page is commercial speech, a concept far broader than that of advertising. The ethical provisions of the states, found in the rules of profe
