March 16, 2023
By Daniel Gerken
In New York whereas The Texas Disciplinary Rules of Professional Conduct requires lawyers to file a copy of most public media advertisements and solicitation communications with the Advertising Review Committee. [There is a benefit to submitting materials for review 30 days prior to publication.]
Below are some of the major rules regarding attorney advertising in New York and Texas.
New York
Say it.
Attorney/Legal Advertising [laws] in Texas
A lawyer cannot advertise in the public media by stating that he or she is a specialist, except for Patent attorneys, Trademark attorneys, and a few other exceptions.
A lawyer that advertises in the public media must publish or broadcast the name of at least one attorney who is responsible for the content.
In the case of an infomercial or similar format, there must be a statement that the presentation is an advertisement both verbal and in writing at its outset and conclusion.
In public media advertisements, any individual who portrays a lawyer whose services or whose firm’s services are being advertised, or who narrates an ad as if he or she were a lawyer, should be one or more of the lawyers whose services are being advertised.
No mottos, slogans, or jingles that are false or misleading may be used in any ad in the public media.
Advertising on the Internet must display specific statements and disclosures as mandated by the Texas Disciplinary Rules of Professional Conduct.
A lawyer cannot send, deliver, transmit, or knowingly permit or cause another person to send, deliver, or transmit a written, audio, audio-visual, digital media, recorded phone message, or other electronic communication to prospective clients for the purpose of obtaining professional employment on behalf of any lawyer or law firm if the communication involves coercion, duress, fraud, intimidation, harassment, etc.
With a few exceptions, any written, electronic, or digital solicitation communication to prospective clients for the purpose of obtaining professional employment must plainly be marked “ADVERTISEMENT” on its first page, in a color that contrasts sharply with the background, and in a font that is larger than the one used in the body of the communication.
Read the entire Rules of Professional Conduct to ensure your advertising practices are in line with Texas law.
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Sources:
Texas Disciplinary Rules of Professional Conduct, TEXAS DISCIPLINARY RULES OF Professional Conduct, (texasbar.com), https://www.texasbar.com/AM/Template.cfm?Section=Ethics_Resources&Template=/CM/ContentDisplay.cfm&ContentID=14125
The material in this article is solely intended to provide general information. It is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We, of course, welcome the opportunity to assist you.
ATTORNEY ADVERTISING pursuant to New York RPC 7.1 and Texas RPC 7.1. © 2023 Meatto Gerken. All Rights Reserved.