Attorneys and law firms are always looking for new ways to advertise themselves to their potential clients. Attorney advertising is subject to regulation by the bar rules which sets forth the rules that all Massachusetts attorneys must follow when engaging in various forms of advertising.
Before you redesign your website or start a new internet marketing campaign, it's important that you read the Massachusetts Bar Rules related to internet marketing and website design. Any failure to follow the rules might can result in a disciplinary action or sanctions against the attorney. For this reason, it is important to hire an internet marketing company that understands the applicable bar rules in Massachusetts for your law firm's website.
Many of the rules related to attorney advertising in Massachusetts can be found in the section on "Information About Legal Services" that govern the promotion of the law-related services and deal with advertising and solicitation including:
Additional guidance can be found in the comments to each rule and the reporter's notes. In many respects, the rules track closely with the Model Rules from the American Bar Association.
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.
Rules of Professional Conduct Rule 7.2: Advertising - Visit the website for the Commonwealth of Massachusetts to find the Supreme Judicial Court Rules regarding the Rules of Professional Conduct. Rule 7.2 applies to attorney advertising which was adopted on March 26, 2015 and became effective July 1, 2015.
Massachusetts Bar Association - Visit the Massachusetts Bar Association's website for helpful information and resources regarding the bar rules in Massachusetts. The Massachusetts Bar Association can be contacted at:
Massachusetts Bar Association
20 West St.
Boston, MA 02111
Phone: (617) 338-0500Massachusetts Bar Association
73 State St.
Springfield, MA 01103
Phone: (413) 731-5134
Massachusetts Rules of Professional Conduct- Read the general rules of professional conduct and ethics all licensed Massachusetts lawyers must follow.
Massachusetts Ethical Inquiries - Find answers to attorney ethical questions and inquiries in Massachusetts, in addition to published opinions regarding ethical issues that provide suggested actions to attorneys in various legal situations.
Massachusetts Supreme Judicial Court - Visit the website for the Supreme Judicial Court, which provides information on various court rules in Massachusetts, court opinions and miscellaneous information about the court. The Supreme Judicial Court is located at:
Massachusetts Supreme Judicial Court
John Adams Courthouse
One Pemberton Square, Suite 2500
Boston, Massachusetts 02102
Phone: (617) 557-1000
The Massachusetts Rules of Professional Conduct broadly govern all advertisements and communications made by attorneys and law firms in the state. Generally, legal websites and any other content published on the internet by lawyers are considered a type of communication and an advertisement, according to the Comments to Rule 7.2.
Under Rule 7.2, an attorney's website must have the name of the lawyer, law firm or group of lawyers who is responsible for the content on the website.
Additionally, the Rules state an attorney must keep a copy or recording of any advertisement for two years after it was last used, in addition to a statement of when and where it was used.
According to Rule 7.1 of the Massachusetts Rules of Professional Conduct, an attorney is prohibited from making any false or misleading statements about the lawyer or their services. Generally, a communication is considered to be misleading or false if:
The Comments to this rule state that every statement made by attorney should be truthful, and any statement that compares the attorney's services to another attorney's services may considered be false or misleading. Also, any statement that may create an unjustified expectation as to the results the attorney is able to achieve may be considered false or misleading.
A lawyer in Massachusetts may not claim they are a specialist in any particular legal field, areas of law or in any other legal services, unless the statement is truthful, according to Rule 7.4. For example, an attorney may not:
If any of the preceding statements or claims made by the attorney are truthful, they are permitted to make the assertion.
Any attorney who does claim they are certified in a particular field of law or practice area must identify the certifying governmental body or organization and include the statement that the organization is, "a private organization, whose standards for certification are not regulated by the Commonwealth of Massachusetts." Attorneys in Massachusetts who are board certified specialist must also follow these special rules when disclosing that fact.
Rule 7.4 also states that attorneys who want to be associated with a particular area of practice or field of law who are not experts or specialists in the field should state they "welcome" or "handle" cases, "but are not specialists in," that particular field.
Special bar rules also apply to attorneys using a lawyer referral service in Massachusetts.
This article was last updated on Friday, May 31, 2019.