Ethical Considerations in Law Firm Marketing
The State Bar of California in its Rules of Professional Conduct (link on the left) includes Rule 1-400 Advertising and Solicitation. Attorneys engaging in any marketing activities should study this Rule. The justification for Rule 1-400 is that it will protect the public from having to discern the commercial intent of promotional activities strictly from the content of the message. According to the State Bar, the Rule is intended to keep all forms of legal marketing information from being "false, misleading, deceptive or confusing." Ultimately, all marketing communications are judged against these criteria. The State Bar Board of Governors also adopted 16 "standards" (repealing Standard #11 in 1997) intended to clarify Rule 1-400. Lawyers cannot be charged with violating the remaining 15 standards; they can only be charged with violating Rule 1-400. However, the Standards provide detailed guidelines that can help the Bar determine if a violation has occurred. The State Bar of California maintains a toll-free Ethics Hotline at 1-800-238-4427 to help lawyers identify and analyze their professional responsibilities. (Terry Graham has taught the ethics of marketing communications for the State Bar and other local bar associations, and applies Rule 1-400 to marketing activities she recommends and implements.)
