Kentucky Bar Rules for Attorney Advertising
If you are interested in redesigning your law firm's website or starting a new internet marketing campaign, it's vital that you pay attention to the regulations of the Attorneys' Advertising Commission and the Kentucky Supreme Court Rules of Professional Conduct. Violations of these rules set forth by the Kentucky Bar may result in fees or a type of disciplinary action by the Bar.
The first step for having an Internet prescene is reading the applicable bar rules pertaining to 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. These rules and regulations govern the promotion of the law-related services and deal with advertising and solicitation. Additional information can be found in the comments to the rules and formal ethics opinions.
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, you must strive to understand how those changes might impact an attorney's website, blog or social media postings. However, you can still market online while following all the Kentucky Bar Rules. Understanding search algorithims, using social media, and participating in lawyer referral services can help your online campaign.
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 mailed with the appropriate filing and administrative fee 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 (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."
Last updated on Wednesday, October 10, 2018.