The ABA Model Rule 7.2 framework
The American Bar Association's Model Rules of Professional Conduct provide the framework most states adopt with state-specific modifications. Model Rule 7.1 prohibits false or misleading communications; Rule 7.2 governs advertising specifically; Rule 7.3 governs direct solicitation; Rule 7.4 covers communication of fields of practice and specialization; Rule 7.5 covers firm names and letterheads.
All 50 states have adopted some version of these rules. The substantive provisions are similar across states; the procedural variations (filing requirements, pre-approval, fee structures) differ meaningfully.
Notable state-specific variations
- Florida — most prescriptive in the country; pre-filing required for some categories under RRTFB 4-7.21
- Louisiana — comprehensive rules under LSBA 7.1-7.10 with mandatory filing for many ad categories
- Texas — TDRPC 7.01-7.06 with State Bar Advertising Review Committee filing for certain categories
- Alabama — heightened disclaimer requirements on TV and radio
- California — Bus. & Prof. Code § 6157 imposes statutory disclaimer requirements in addition to bar rules
- New York — NYRPC 7.1-7.5 plus 22 NYCRR Part 1200 procedural framework
Common compliance pitfalls
- Past-results recitation without proper disclaimer
- Comparative superlative claims without factual substantiation
- Specialty/certification claims that exceed actual certifications (Rule 7.4)
- Direct-solicitation creative that crosses the line under Rule 7.3
- Insufficient attorney identification
- Disclaimer copy rendered illegibly small or off-screen