In the fight for clients, advertising, in any form, is key to the survival of a law firm. However, unlike traditional, non-legal businesses, the Illinois Bar Rules and the ARDC have strict rules on what an attorney can and cannot say in the course of advertising.
Read on as our Chicago ARDC defense attorney at Ellis Legal explains more.
Not Just Traditional Ads
Remember that advertising includes “passive” advertising—that is, things like websites or social media pages that you may not be paying for specific advertising space for, like you would a billboard or TV ad. Anything you hold out to the public to promote yourself is considered an ad.
Ad and PR Agencies
Another important reminder is that you, as the law firm or attorney, are ultimately responsible for what is put in the public eye, even if you use a third party, like a public relations company or a social media company, to handle your advertising. That makes it important to use companies that understand what attorneys can, and cannot say, in the course of their advertisements.
Never Mislead the Public
Unlike most ads in other industries, which can contain puffery or some level of exaggeration, when it comes to lawyers, you are prohibited from using any form of advertising that contains misleading or untruthful statements. The question isn’t whether the statements made are objectively true or not—it’s whether the general public would be likely to be misled by something that is said in advertising.
Certifications and Touting Yourself as an Expert
Often, attorneys will get “certifications” by an organization or entity—for example, you may take a weekend class on elder law, and then have a badge that you put in your emails saying you are a “certified” elder law attorney.
If you do use those words in conjunction with something issued by a company or third party, you must state that the Supreme Court of Illinois doesn’t recognize legal specialties, and they are not necessary to practice law in Illinois.
Outside of certificates, awards, or other recognitions given by third parties, lawyers are generally prohibited from using words like “expert” or “certified” on ads or promotional materials. You should also avoid using qualitative terms that cannot be objectively proven, like saying you are “the best immigration attorneys.”
Former Results
You can use and tout your former results in a case in your advertising. But be careful—if someone could be misled to believe that the same results can be obtained for that client or that past results create an unjustified belief that the same results are guaranteed in the future, you could be running afoul of ARDC advertising rules.
Remember that aside from the content on the ads themselves, Illinois rules have a good number of technical requirements for advertisements. For example, the address of one of the firm’s offices must appear in the ad, as well as the name of at least one lawyer in the firm.
Speak with a Chicago business litigation attorney at Ellis Legal at (312) 967-7629 today to make sure that your firm is complying with ARDC rules and regulations.