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Kentucky Bar Rules for Attorney Advertising

If you are interested in redesigning your law firm's website or starting a new internet marketing campaign, pay attention to the regulations of the Attorneys' Advertising Commission and the Kentucky Supreme Court Rules of Professional Conduct. 

Violations of these rules may result in fees or a type of disciplinary action by the Bar. For this reason, it is important to hire an internet marketing company that understands the applicable bar rules in Kentucky for your law firm's website.

The first step for having an Internet presence is reading the applicable bar rules about attorney advertising. Many of the rules for attorney advertising online in Kentucky can be found at the Kentucky Bar Association Attorneys' Advertising Commission's Regulations 1-16 and the Kentucky Supreme Court Rules of Professional Conduct (SCR) 3.130-7.01 – 7.60. Additional information can be found in the comments to the rules and formal ethics opinions.

These bar rules and regulations govern the promotion of the law-related services and deal with advertising and solicitation by lawyers in Kentucky. In many respects, the rules track closely with the Model Rules from the American Bar Association.

The rules in the State of Kentucky are restrictive. Also, the submission requirements are burdensome. As a result, many attorneys are afraid to update their websites and blogs. However, from a SEO perspective it is important to update the website and blog frequently.

Despite problems presented by the rules and regulations, an attorney can stay in full compliance while still having an extremely effective internet marketing campaign.

Taking an ethical approach to marketing means following the letter and spirit of each rule. As the rules change over time, your internet marketing company should understand how the changes might impact your website, blog or social media postings.

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. Contact us for a free consultation to discuss designing a better website and internet marketing strategy.

Resources for Kentucky Bar Rules

Attorneys' Advertising Commission of the Kentucky Bar Association - Read the Kentucky Supreme Court Rules that took effect on July 15, 2009, related to internet marketing and advertising online. These relations were implemented by the Kentucky Bar Association Attorneys' Advertising Commission to help in discharging its duties under SCR 3.130(7.03)(5)(a). Find information on the types of advertisements that must be submitted by mail with the appropriate filing and administrative fees to the Attorneys' Advertising Commission of the Kentucky Bar Association according to SCR 3.130 (7.05)(1) or (2).

Frequently Asked Questions form the Attorneys' Advertising Commission - Read more about the most frequently asked questions concerning attorney advertising and solicitation. This information was last revised on July 16, 2013. Learn more about the following topics

  1. advertisements on the Internet for a website, blog or social media posting;
  2. when you should submit advertisements to the KBA AAC;
  3. the applicable filing fees and administration fees;
  4. how to make the submission for websites and videos;
  5. the costs association with each type of submission;
  6. when you are required to resubmit a website after an update or edit;
  7. when you must submit a social media profile or posting;
  8. whether pre-publication approval is required; and
  9. making a request for an advisory opinion.

Advertising Regulations in Kentucky

AAC Advertising Regulations 1 - 16

  • AAC Adv. Reg. No. 1: False, Deceptive and Misleading Advertising
  • AAC Adv. Reg. No. 2: Permissible Content of Advertisements Submitted Without a Fee
  • AAC Adv. Reg. No. 3: Communications That Require the Disclaimer "This Is An Advertisement" - Deleted
  • AAC Adv. Reg. No. 4: Delegation of Administrative Tasks
  • AAC Adv. Reg. No. 5: Time Period for Review with Advisory Opinion For Broadcast Media
  • AAC Adv. Reg. No. 6-8: Deleted AAC Adv. Reg. No. 9: Publication of Regulations
  • AAC Adv. Reg. No. 10: Copying and Retrieval Charges
  • AAC Adv. Reg. No. 11: Requirement for Complete Information
  • AAC Adv. Reg. No. 12: Other Proceedings
  • AAC Adv. Reg. No. 13: Definition of an Advertisement Not to Include Co-Counsel Offers
  • AAC Adv. Reg. No. 14: Advertising of Fees
  • AAC Adv. Reg. No. 15: Electronic Submission of Advertisements
  • AAC Adv. Reg. No. 16: Record Retention

Updating an Attorney's Website in Kentucky

Unlike most states, Kentucky requires the attorney to submit many types of updates on the website to the Attorneys' Advertising Commission of the Kentucky Bar Association. The rules require resubmission "only for substantive changes to a website previously submitted (i.e., changes beyond SCR 3.130-7.05(1)(a) or AAC Regulation No. 2)."

Some changes to not require resubmission such as "fixing typographical, grammatical or punctuation errors." Likewise, resubmission is not required if the update only adds or changes any item referred to in SCR 3.130-7.05(1)(a) or AAC Regulation No. 2. 

Finally, changes to links "to sources authored or published by third parties, including articles, cases, ethics opinions or legal documents need not be resubmitted."

Special bar rules apply to attorneys using a lawyer referral service in Kentucky. Other rules govern attorneys in Kentucky who have become a board-certified specialist and want to advertise that fact online.