Social Media for Lawyers: What Rule 7.1 Says You Can Post

A lawyer's social media posts about the lawyer or the firm's services must not be false or misleading. North Carolina's Rule 7.1, one state's official text, says a communication is false or misleading if it contains a material misrepresentation of fact or law, or omits a fact needed so the statement, taken as a whole, is not materially misleading Source [1].

This page is general information, not legal advice. Lawyer advertising rules differ by state, and this page quotes one official text, so read your own state bar's rule before you post.

The pieces Autonomah creates carry the brand's identity and the format of each network, and a person on the brand's team approves them before they go out Source [2].

What the rule says about posts

The rule's comment says it governs all communications about a lawyer's services, including advertising, and that whatever means are used to make known a lawyer's services, the statements must be truthful Source [1]. The text does not name any network. Our read: a post, a bio or a video on any network is a communication about the lawyer's services, so the rule applies to it.

The rule text says false or misleading communications include, but are not limited to, three kinds of statement Source [1]:

• 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.

True statements can still mislead

The comments go further than lying. A truthful statement is misleading if it omits a fact needed to make the communication as a whole not materially misleading Source [1]. 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 [1]. A third form is a statement presented in a way that makes a reasonable person believe they must take further action when no action is required Source [1].

On case results, the comment says a communication that truthfully reports a lawyer's achievements for clients may be misleading 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 client's case Source [1]. The comment adds that an appropriate disclaimer or qualifying language may preclude a finding that a statement creates unjustified expectations Source [1].

Your handle and your firm name

The comments say a lawyer or firm may be designated by a trade name, a distinctive website address, a social media username or a comparable professional designation that is not misleading Source [1]. A firm name or designation is misleading if it implies a connection with a government agency, with a lawyer not associated with the firm, or with a public or charitable legal services organization, among others Source [1].

What this page did not read

The same North Carolina page lists ethics opinions that look relevant to social media: one on the use of client testimonials in advertising, one on offering an incentive to engage with a law practice's social networking sites, and one on the use of artificial intelligence in a law practice Source [1]. We did not read those opinions, so this page says nothing about what they conclude. Other rules, such as those on solicitation and client confidentiality, are outside this page as well.

A pre-post check

These four questions are ours, and the rule does not pose them.

1. Does the post promise or imply a result? If it reports a past result, is there a qualifier that says outcomes depend on each case?
2. Does it compare you with other lawyers? If so, can you substantiate the comparison with a document?
3. Does anything in it leave out a fact a reasonable reader would need?
4. Do your handle and firm name fit the rule's examples of misleading designations?

What a lawyer should catch before a post runs is a promised or implied result, a comparison with other lawyers, a fact left out and a handle that implies a government link. The advertising rules of the industry and the country are among the automated checks a piece passes before it reaches the firm's team Source [2]; applying Rule 7.1 to the piece is the lawyer's job at approval.

How Autonomah does it

We make Autonomah, an artificial creative and advertising brain that thinks, creates and publishes each brand's advertising Source [2]. A person on the brand's team approves, requests a change on or rejects every piece, and who decided and when is recorded Source [2]. Approval works the same for every firm: see how a piece is approved.

Frequently asked questions

Do lawyers use LinkedIn?

This page has no data on how many lawyers use LinkedIn, so it does not answer that. What the rule covers is every communication about a lawyer's services, by whatever means Source [1].

What are the 7 types of social media?

The rule does not sort networks into types. It applies to a lawyer's communications about their services by whatever means Source [1].

Can a social media username be misleading under Rule 7.1?

A username can be used if it is not misleading. The comments give a designation that implies a connection with a government agency as an example of a misleading one Source [1].