Indiana Bar Rules for Attorney Advertising

Navigating the bar rules in Indiana for attorney advertising can be a confusing process. If you make a mistake, you might expose yourself to disciplinary actions. For this reason, it is essential to hire an internet marketing company that understands the applicable bar rules in Indiana for your website and social media platforms.

If you are preparing to launch a new website or start a new internet marketing strategy, the first step is reading all of the bar rules that might apply. The Indiana Rules of Professional Conduct related to attorney advertising were created to ensure that all attorneys that advertise online do so in a fair and honest manner.

The first step to advertising for Indiana attorneys is reading the applicable bar rules about attorney advertising. Many of the rules related to attorney advertising online in Indiana can be found at Rule 7.1 through Rule 7.5 in the section for Information About Legal Services. These rules govern the promotion of the law-related services and deal with advertising and solicitation. Additional information can be found in the comments on the rules and formal ethics opinions.

The Indiana Rules of Professional Conduct in Rule 7.1 and 7.2 deal with communications concerning a lawyer’s services and advertising. Many of the rules apply to an attorney's website or advertising on social media platforms. Advertising must include the name and office address of the attorney and their law firm. Some forms of advertising must be marked as “advertising material.”

The Indiana Bar Rules for advertising prohibit:

False or misleading communication about the lawyer or the lawyer’s services
Statements intended to harass or maliciously injure another person
Dramatizations or re-creations of events (unless the advertising is disclosed as such)
Testimonials or endorsements that may create unjustified expectations about a lawyer or law firm
Giving anything of value to a person for recommending or advertising the lawyer’s services
Promises of future success by an attorney, particularly words such as “best” or “guaranteed”
Using the term "expert" or "specialist" to describe the attorney or their services except in limited circumstances

In many respects, the rules track closely with the Model Rules from the American Bar Association. Before you redesign your law firm's website or start a new internet marketing campaign, it's important that you have a thorough understanding of applicable bar rules.

If you are interested in finding an internet marketing and website design company that understands the bar rules, then contact our parent company, Internet Lava, LLC.

Call 1-800-292-5282.

Indiana Bar Rules Resources

Indiana Rules of Professional Conduct - Read the Rules of Professional Conduct in Indiana, including the rules that pertain to websites and advertising online. Those rules include Rule 7.1. for Communications Concerning a Lawyer’s Services; Rule 7.2. for Advertising; and Rule 7.4. for Communication of Fields of Practice and Specialization.

Indiana Legal Ethics Opinions- Search legal ethics opinions in Indiana on the website for the Indiana State Bar Association. The ethics opinions give suggestions to attorneys for a variety of hypothetical legal situations in Indiana. The Indiana State Bar Association is located at:

Indiana State Bar Association
One Indiana Square, Suite 530
Indianapolis, Indiana 46204
Phone: (317) 639-5465

Indiana Supreme Court - Visit the Indiana Supreme Court to find information on various court rules in Indiana and other miscellaneous resources about the judicial system in Indiana. The Supreme Court is located at:

Indiana Supreme Court
315 Indiana State House
200 W. Washington Street
Indianapolis, Indiana 46204
Phone: (317) 232-2542

Indiana Bar Rules Information Center

Indiana Bar Rule Guidelines
False and Misleading Information on Indiana Legal Websites
Permissible Information on Indiana Attorney Websites
Practice Areas on Indiana Law Firm Websites

Indiana Bar Rule Guidelines

In general, all attorney advertisements and communications are subject to regulation by the Indiana Rules of Professional Conduct. These advertisements and communications typically include websites and other content published on the internet by an attorney or law firm.

According to Rule 7.2 of the Rules of Professional Conduct, any advertisements must include the name of at least one attorney or law firm responsible for the content on the website, in addition to the office address.

Rule 7.2 also states that the attorney responsible for the advertising content is required to keep a copy of the communication for six years after it has been published.

False and Misleading Information on Indiana Legal Websites

According to Rule 7.1 of the Indiana Rules of Professional Conduct, every lawyer is prohibited from making false or misleading communications about their services. The Rule states that a communication may be false or misleading if:

It omits a fact that is necessary to keep the statement from being misleading when taken as a whole, or
It contains a material misrepresentation of law or fact.

The comments to this rule also state a truthful statement made by an attorney or law firm may be misleading or deceptive if:

It is likely to result in a legal action or legal position for the purposes o harassing or maliciously injuring another person;
It contains data or information based on previous success or expressly or impliedly predicts the same success in the future;
It primarily appeals to a viewer of the communication's fear, greed or desire for revenge;
It contains claims made by a third about the attorney that is false or misleading;
It compares the services of the attorney to that of another attorney or law firm unless they can be truthfully verified;
It contains any reference to past case results that may create an expectation that the attorney can achieve the same results in the future;;
It contains a dramatization or re-creation of the event unless the advertisement contains a clear and conspicuous disclosure;
It contains a representation, testimonial or endorsement about the attorney that is intended or likely to create an unjustified expectation about the lawyer or firm; or
It states or implies that an attorney is certified or a specialist, unless permitted.

Permissible Information on Indiana Attorney Websites

According to the comments to Rule 7.4 of the Rules of Professional Conduct, an attorney may include any of the following information, as long it is truthful and not false or misleading:

Name and contact information of the attorney, associates and law firm;
Attorney date and place of birth;
Date and place of admission to the state bar and federal courts;
Schools the attorney attended with dates of graduation, degrees and other scholastic distinctions;
Legal teaching positions;
Legal publications;
Any military service;
Any academic, profession or military positions held;
Fields of law the attorney practices in;
Bar professional memberships, societies, and associations;
Offices held in professional memberships or associations;
The attorney's foreign language ability;
Technical and professional licenses;
Legal fraternity and society memberships;
Professional liability insurance coverage;
Prepaid or group legal service programs the attorney participates in;
Whether credit cards or other payment services are accepted;
Office hours;
Telephone answering service hours; and
Fees charged and other terms to legal services.

Practice Areas on Indiana Law Firm Websites

As stated in Rule 7.4 of the Rules of Professional Conduct, an attorney is permitted to state whether they do or do not practice in certain legal fields. However, an attorney may not state or imply they are a specialist in a particular legal field, unless:

The attorney has been certified as a specialist by an Independent Certifying Organization that is accredited by the Indiana Commission for Continuing Legal Education, and
The attorney identifies the certifying organization on the website.

Additionally, an attorney in Indiana is permitted to:

Use the designation, "Patent Attorney" in Indiana or something similar if they are admitted to engage in patent practice before the United States Patent and Trademark Office; or
Use the designation, "Admiralty," "Proctor in Admiralty" or something similar if they are engaged in Admiralty practice in Indiana.

Special rules apply to board-certified specialist attorneys in Indiana.

This article was last updated on Monday, June 10, 2019.