The Texas Disciplinary Rules of Professional Conduct requires lawyers to file a copy of most public media advertisements and solicitation communications with the Advertising Review Committee prior to dissemination, or concurrently. Attorney advertising laws in Texas are quite restrictive, but as a solo or small firm, you can stay in full compliance while still having effective advertising campaigns.
Below are some of the major laws regarding attorney advertising in Texas:
- A lawyer cannot advertise in the public media by stating that he or she is a specialist, except for Patent attorneys, Trademark attorneys, and a few other exceptions.
- A lawyer that advertises in the public media must publish or broadcast the name of at least one attorney who is responsible for the content.
- In the case of an infomercial or similar format, there must be a statement that the presentation is an advertisement both verbal and in writing at its outset and conclusion.
- In public media advertisements, any individual who portrays a lawyer whose services or whose firm’s services are being advertised, or who narrates an ad as if he or she were a lawyer, should be one or more of the lawyers whose services are being advertised.
- No mottos, slogans, or jingles that are false or misleading may be used in any ad in the public media.
- Advertising on the Internet must display specific statements and disclosures as mandated by the Texas Disciplinary Rules of Professional Conduct.
- A lawyer cannot send, deliver, transmit, or knowingly permit or cause another person to send, deliver, or transmit a written, audio, audio-visual, digital media, recorded phone message, or other electronic communication to prospective clients for the purpose of obtaining professional employment on behalf of any lawyer or law firm if the communication involves coercion, duress, fraud, intimidation, harassment, etc.
- With a few exceptions, any written, electronic, or digital solicitation communication to prospective clients for the purpose of obtaining professional employment must plainly be marked “ADVERTISEMENT” on its first page, in a color that contrasts sharply with the background, and in a font that is larger than the one used in the body of the communication.
Read the entire Rules of Professional Conduct to ensure your advertising practices are in line with Texas law.