Handy Checklists

Whatever the preferred medium for marketing and advertising, a lawyer’s conduct should inspire confidence, respect and trust of their clients and the community in which they practice. As a self-regulated profession, lawyers have a professional responsibility to ensure that the information they offer to the public is verifiable and consistent with promoting respect for the profession as a whole and in the administration of justice. 

Although the codes of conduct are not specific to internet advertising and social media, the overarching principle of not providing misleading information can be easily and consistently applied to all forms of advertising and self promotion. If in doubt of whether an online presence is considered advertising, check to make sure content is not misleading and does not contravene any of the practices discussed above or any other rules in the applicable code of conduct. 

When attempting to determine whether something constitutes advertising and adheres to the regulated rules for advertising, this checklist may be of service: 

  1. I use the following platforms professionally and/or personally: 
    • Video/Radio
    • Facebook
    • Instagram
    • Twitter
    • Website
    • Print
    • LinkedIn
    • TikTok
    • Reddit
    • Other:
  2. Do my personal communications refer to my professional work as a lawyer in any way? If yes, it is best to assume that said communications may amount to advertising and ensure they adhere to the rules. If no, continue this checklist with respect to professional communications only.
    • Yes
    • No
    If yes, it is best to assume that said communications may amount to advertising and ensure they adhere to the rules. If no, continue this checklist with respect to professional communications only.
  3. I have reviewed the rules for advertising in my Code of Conduct
  4. If I or my firm have a website:
    • My bio does not use any comparatives
    • My bio does not use any superlatives
    • My bio does not claim expertise or specialization without equivalent certification
    • My bio does not refer to any unclarified or biased 3rd party rankings or awards
  5. If I have authored a blog post I have checked to make sure I do not give legal advice
  6. I have received permission from my clients to post case summaries and/or testimonials
  7. My case summaries are accurate and do not sensationalize or mislead the public
  8. Reports of success are accompanied by an appropriate disclaimer
  9. My testimonials are real and accurate and do not disclose confidential information
  10. My testimonials include information regarding any incentivization provided to reviewers
  11. My posts on social media include disclaimers that any advice is not intended to be legal advice
  12. I identify myself and my jurisdiction of practice in my online communications
  13. Regardless of the medium used, the content in my advertisements is professional and does not bring the legal profession into disrepute

In addition, here are some basic Do’s and Don’ts to summarize: 

Do Don’t
Say you prefer to practice [insert practice area] or that your practice focuses on or is restricted to [insert practice area]. Say you are an expert or specialist unless your jurisdiction has a formal certification process and you are formally certified as such.
Ensure your content is truthful and transparent. Make false or misleading statements. This includes making statements which are technically true but omit information that makes them misleading.
Assume everything you do online related to law constitutes advertising. Use superlatives or compare yourself to others.
Get to know your advertising rules. Assume the rules are consistent from jurisdiction to jurisdiction.
If permitted, make sure testimonials comply with the rules. Post or print testimonials that may be misleading or compensate clients for giving testimonials.
Get permission for posting content related to your Clients. Inadvertently reveal confidential information.

Learn More: