ABA Model Rule 7.1: What Counts as Misleading Lawyer Advertising

ABA Model Rule 7.1 says a lawyer shall not make a false or misleading communication about the lawyer or the lawyer's services. A communication is false or misleading if it contains a material misrepresentation of fact or law, or omits a fact necessary to make the statement, considered as a whole, not materially misleading Source [1].

The ABA publishes a model, and our read is that the rule that binds a lawyer is the one their own state adopted. The examples and comments below come from the North Carolina State Bar's published Rule 7.1 Source [2]. Your state's wording can differ, so check it.

This is general information, not legal advice. Your state bar and your own counsel decide how the rule applies to a post.

Posts about a firm's services, from a bio to a case result, can reach your team as pieces ready to review from Autonomah, and a person on the brand's team approves each one Source [3].

What the rule names

The North Carolina text gives three examples of communications that fall under the rule Source [2]:

• A statement likely to create an unjustified expectation about results the lawyer can achieve.
• A statement that states or implies the lawyer can achieve results by means that violate the Rules of Professional Conduct or other law.
• A statement that compares the lawyer's services with other lawyers' services, unless the comparison can be factually substantiated.

The comments add that the rule governs all communications about a lawyer's services, including advertising, and that whatever means are used, statements must be truthful Source [2]. Our read: that reaches a social media post.

A true statement can still mislead

Comment 2 says misleading truthful statements are also prohibited. A truthful statement is misleading if it omits a fact needed to keep the communication from being materially misleading Source [2]. It is also misleading if there is a substantial likelihood it will lead a reasonable person to a specific conclusion about the lawyer or the services for which there is no reasonable factual foundation Source [2]. And it is misleading if it is presented so that a reasonable person would believe they must take further action when no action is required Source [2].

Past results and claims you cannot back up

Comment 3 says a truthful report of a lawyer's achievements for clients may mislead if it leads a reasonable person to expect the same results for other clients in similar matters, without reference to the facts and law of each case Source [2]. An unsubstantiated claim about services or fees, or an unsubstantiated comparison with other lawyers, may mislead if presented with enough specificity that a reasonable person would think it can be substantiated Source [2].

The same comment says an appropriate disclaimer or qualifying language may preclude a finding that a statement creates unjustified expectations or otherwise misleads Source [2]. Our read: that is a reason to put a qualifier next to a results post, not a way to fix an inaccurate one.

Names, usernames and dramatizations

North Carolina's comments say a trade name, a distinctive website address, a social media username or a comparable professional designation can be used if it is not misleading. They give examples of misleading designations, such as one that implies a connection with a government agency Source [2].

The North Carolina comments also address dramatizations. A video that dramatizes a fictional case is potentially misleading, and it is not misleading if it complies with the rule and carries a conspicuous written or oral statement, at the beginning and the end, saying it is a dramatization that does not depict actual events or real persons Source [2]. That is a North Carolina comment, so check whether your state says the same.

A check before you post

The five questions below are ours, and the Rules of Professional Conduct do not list them.

1. Is every factual claim in the post true, and can you show how you know?
2. Does the post leave out something a reader would need to avoid a wrong impression?
3. If it mentions a result, does it make clear that results depend on the facts of each case?
4. If it says you are better, faster or cheaper than other firms, can you substantiate it?
5. If it uses a dramatization, does it say so at the start and the end?

Three things in a draft call for a second look: a result with no qualifier next to it, a comparison with no document behind it and a dramatization with no statement at the start and the end. Every draft Autonomah sends carries its reason written out and waits for a person on the brand's team to approve it, request a change or reject it Source [3].

If a client appears in a post as endorsing your work, the FTC's rules on testimonials also matter. See our guide to the FTC Endorsement Guides.

How Autonomah does it

Autonomah is an artificial creative and advertising brain that thinks, creates and publishes each brand's advertising Source [3]. If the team is not convinced by a piece, it is corrected or rejected, and only what is approved gets published Source [3]. For the whole path, there is a start-to-finish example of a piece moving from diagnosis to approval Source [3].

Frequently asked questions

What is ABA Model Rule 7.1?

The American Bar Association's model rule on communications about a lawyer's services. It says a lawyer shall not make a false or misleading communication about the lawyer or the lawyer's services Source [1]. The North Carolina version we also read adds three examples and comments Source [2].

Can a true statement break Rule 7.1?

Yes. The comments to the version we read say a truthful statement is misleading if it omits a fact needed to avoid a materially misleading whole, or if it leads a reasonable person to a conclusion that has no reasonable factual foundation Source [2].