Properly Establishing or Modifying Your Law Firm's Web Site

As Internet web sites have increasingly become predominant in marketing legal services, the ethics of web site lawyer advertising has gained importance. For this reason, it is vital for lawyers and law firm administrators to know what professional responsibility issues to consider when using a web site to market a law practice.

Preparing a legal services web site requires caution and vigilance to avoid creating unwanted client-lawyer relationships and impermissible advertising or solicitation1. Law firms must also be aware of the possibility that the web site might be subject to regulation by other jurisdictions or its content might be considered the unauthorized practice of law in other jurisdictions2. Law firms should give attention to various issues in developing and updating their web sites, including among other things:

• False, misleading or nonverifiable communications about their services and statements that cannot be substantiated or verified;

• Use of favorable client outcomes or testimonials without proper qualifying language and disclaimers;

• Predetermined evaluations of the merits of potential matters without proper qualifying language;

• Use of improper firm names and trade names;

• Improper direct solicitation of a client or soliciting employment where the lawyer intends to refer the matter;

• Improper fee descriptions, including using terms such as “cut-rate,” “below cost,” “discount,” etc.; and

• The unauthorized practice of law or exceeding the jurisdictional limitations on the law firm’s practice.

Footnotes

1. Prof. Cond. R. 7.1; see Ohio Sup Ct, Bd of Comm’rs on Grievances and Discipline, Op. 2000-6 (2000) [CPR Opinion-provides advice under the Ohio Code of Professional Responsibility which is superseded by the Ohio Rules of Professional Conduct, eff. 2/1/2007.]

2. Id; Prof. Cond. R. 5.5 (a).

For more information on this topic contact Alvin Mathews at 614.227.2312. or visit our Legal Ethics and Professional Responsibility Resource Center.

This document has been prepared as a general reference for careful lawyers and their staff for informational purposes. The information contained herein is not intended to be and should not be construed as legal advice. Each circumstance should be considered and evaluated separately, and possibly with involvement of legal counsel.

Please contact Bricker & Eckler for permission to reprint this bulletin in part, or in its entirety.