New York imposes some of the most detailed attorney advertising rules in the country, governed primarily by Rules 7.1 through 7.5 of the New York Rules of Professional Conduct (22 NYCRR Part 1200).
Violations can result in professional discipline, referral to the grievance committee, or disbarment.
Whether you are running a law firm website, managing a social media account, or considering a paid ad campaign, understanding where the line is matters more than most attorneys realize.
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What Actually Counts as "Attorney Advertising" in New York?
Under Rule 1.0(a) of the New York Rules of Professional Conduct, an "advertisement" is any public or private communication made by or on behalf of a lawyer or law firm about the firm's services, whose primary purpose is the retention of the lawyer or law firm. Communications directed to existing clients or other lawyers are excluded.
The rules separately define "computer-accessed communication" to include websites, blogs, search engine ads, email campaigns, banner ads, pop-up ads, chat rooms, and instant messaging.
If your law firm website, blog, or LinkedIn page exists primarily to attract new clients, it almost certainly qualifies as attorney advertising and must comply with Rule 7.1.
The NYC Bar's Formal Opinion 2015-7 addressed this specifically in the context of LinkedIn. The opinion concluded that an attorney's profile becomes attorney advertising when it includes invitations to contact the firm for legal services, descriptions of past case results, or other promotional content aimed at retention.
A purely biographical or networking-focused profile may fall outside the advertising rules entirely. When in doubt, the safer path is to treat the content as advertising and comply accordingly.
What Do the Rules Prohibit?
Rule 7.1(a) sets out the core prohibition: a lawyer or law firm may not use or disseminate any advertisement that contains statements or claims that are false, deceptive, or misleading.
The NYSBA's guidance on attorney advertising has consistently held that this is the fundamental principle across all forms of attorney advertising, and unverifiable superlatives are treated as inherently misleading.
Saying your firm gets "the best results in New York" or that you are "New York's top personal injury attorney" is exactly the kind of language that draws scrutiny.
Statements about past case results are permitted, but they require a mandatory disclaimer.
Rule 7.1(d)-(e) allows lawyers to reference prior settlements and verdicts in advertising, provided the statements are factually supportable and are accompanied by the required language: "Prior results do not guarantee a similar outcome." Omitting it when discussing past results is a violation regardless of whether the underlying statement is accurate.
Other specific prohibitions under Rule 7.1 include:
- Using actors to portray judges, lawyers, or clients without disclosing that the portrayal is a dramatization
- Designing advertisements to resemble legal documents in a way that could mislead the public
- Using a fictitious law firm name or implying a firm relationship that does not exist
- Paying for endorsements or testimonials without disclosing the compensation
- Using meta tags or hidden computer code that, if displayed, would violate the advertising rules
That last point is relevant for any firm doing search engine optimization. Hidden keyword stuffing in page code is subject to the same standards as visible advertising content under New York's rules.
What Are You Actually Allowed to Say?
Rule 7.1(b) lists the categories of information attorneys may include in advertising, provided the content is truthful and not misleading. This list is broader than many attorneys assume.
Permissible advertising content includes:
- Legal and nonlegal education, degrees, honors, and distinctions
- Dates of bar admission and jurisdictions where the attorney is admitted
- Practice areas (subject to the specialization rules discussed below)
- Public offices held, judicial clerkships, teaching positions, and published legal work
- Bar association memberships and professional ratings, provided the rating organization is reputable and the basis for the rating is disclosed
- Foreign language fluency
- Names of clients regularly represented, but only with the prior written consent of those clients
- Fee information, including contingent fee rates and initial consultation fees, subject to specific disclosure requirements
Fee advertising deserves particular attention.
Under Rule 7.1(j)-(m), if a firm advertises a fixed fee for a specific service, that fee must cover all services reasonably necessary to complete the matter under local practice.
Advertising a low flat fee and then charging for necessary additional steps is a compliance problem.
Advertised fee ranges or hourly rates also bind the firm for defined minimum time periods: at least 30 days after publication in frequently issued media, or until the next issue in less frequent publications.
Any advertisement stating no fee will be charged unless there is a recovery must comply with New York Judiciary Law Section 488(3), which requires specific disclosures about how contingent fees are calculated and the client's responsibility for litigation expenses.
Can a New York Lawyer Claim to Be a Specialist?
Attorneys may identify and advertise their practice areas freely. A personal injury firm can say it focuses on personal injury law, medical malpractice, or construction accidents without any issue.
What requires caution is using terms like "specialist," "certified," or "board-certified." Under Rule 7.4, a lawyer generally may not state or imply that they are a certified specialist in any field unless they hold certification from an organization approved by the appropriate authority and the advertisement includes any required disclaimers.
The NYSBA's attorney advertising guidance makes clear that misstatements or exaggerations about specialization are treated as misleading under Rule 7.1.
The practical difference is between "we focus our practice on personal injury cases" (permissible) and "our attorneys are certified specialists in personal injury law" (regulated, and potentially prohibited without proper certification).
How Do the Rules Apply to Websites, Blogs, and Social Media?
Online content is not exempt from any of the advertising rules.
New York's rules were specifically updated to address "computer-accessed communication," and that definition captures most modern digital marketing.
A law firm website is attorney advertising if its primary purpose is client retention, which is true of virtually every firm website. The homepage must display the label "Attorney Advertising" as required by Rule 7.1. The "Prior results do not guarantee a similar outcome" disclaimer must appear whenever the site discusses past case outcomes.
Blogs occupy a more nuanced space. Rule 7.1(q)-(r) expressly permits lawyers to write and publish materials on legal topics for public education, and content that is genuinely educational without inviting the reader to hire the firm may fall outside the advertising rules entirely.
A blog post that discusses past results, invites contact for legal services, or is primarily promotional crosses into advertising territory and must include the required labels and disclaimers.
Disclaimers stating that blog content is for informational purposes only and does not constitute legal advice are not explicitly required by the rule text, but they reflect good practice and support the argument that the content's primary purpose is education rather than retention.
For social media, the NYC Bar's Formal Opinion 2015-7 remains the leading guidance. Promotional content on social platforms, including past case results, invitations to contact the firm, and endorsements tied to prior representations, constitutes attorney advertising subject to Rule 7.1.
That analysis applies equally to Instagram, Facebook, and similar platforms.
The NYC Bar opinion also notes that even content that does not rise to the level of advertising must still avoid false or misleading statements under Rule 8.4(c), which prohibits conduct involving dishonesty or misrepresentation.
What Are the Record-Keeping Requirements?
Rule 7.1(k) requires that all advertisements be pre-approved by the lawyer or law firm before dissemination and that copies be retained.
For traditional advertising, the retention period is at least three years from initial dissemination.
For websites and online content, the minimum retention period is one year, with snapshots required upon initial publication, any major redesign or significant content change, and at least once every 90 days.
A firm running a regularly updated blog has an ongoing obligation to archive that content, not just store a single snapshot of the site.
What Is the Difference Between Advertising and Solicitation?
General advertising, such as a television commercial, a law firm website, or a mailer sent to the general public, is broadly permitted under Rule 7.1 as long as the content is truthful and meets the disclosure requirements.
Solicitation is targeted communication initiated by or on behalf of a lawyer, directed to a specific recipient, offering legal services when a significant motive is pecuniary gain.
Rule 4.5 of the New York Rules of Professional Conduct governs communication after incidents involving personal injury or wrongful death and imposes specific restrictions and timing requirements on contact with accident victims.
i.e: a billboard near a hospital is general advertising. A letter sent to the family of someone who died in a car accident the day after the crash is solicitation and must comply with an entirely different and more restrictive set of rules.
Targeted solicitation that is coercive, harassing, or sent in violation of timing or format requirements can result in professional discipline.
What Happens If You Violate These Rules?
Attorney advertising violations are handled through the attorney grievance system, administered by the Appellate Division in each judicial department.
Complaints can be filed by clients, members of the public, judges, or other attorneys.
Minor technical infractions, such as a missing "Attorney Advertising" label on an otherwise truthful page, may result in a letter of advisement or admonition.
More serious violations, including false or materially misleading claims about past results, fictitious endorsements, or persistent non-compliance after prior discipline, can lead to censure, suspension, or disbarment.
Advertising that violates Rule 7.1 can also form the basis for civil liability if a client relies on a misleading representation when deciding to hire the firm.
Attorney Advertising Mistakes Can Carry Serious Consequences
Missing disclosures, misleading claims, and improper testimonials may trigger disciplinary action. Talk with experienced counsel about New York advertising compliance.
Summing It Up
New York's attorney advertising rules are detailed, and the consequences for getting them wrong range from embarrassing to career-ending.
The core obligation is straightforward: everything you publish about your firm must be truthful, clearly labeled where required, and accompanied by the right disclaimers when you discuss past results or fees. For clients trying to evaluate law firms, understanding these rules can also help you identify what distinguishes a credible firm, see our breakdown of the best personal injury lawyers in New York.
If you are a personal injury firm operating in New York and you have questions about whether your marketing is compliant, or about a potential legal matter involving negligence or malpractice, the attorneys at Porter Law Group are available to speak with you.
Frequently Asked Questions
Does my law firm website need to say "Attorney Advertising"?
Yes. If the website's primary purpose is to attract new clients, it qualifies as attorney advertising under Rule 1.0(a). The "Attorney Advertising" label must appear on the homepage. This applies to virtually all law firm websites.
Can I post client testimonials on my website or social media?
You can, but with conditions. Under Rule 7.1(d), any testimonial that discusses case results must include the disclaimer "Prior results do not guarantee a similar outcome." If the person providing the testimonial received any compensation, that must be disclosed. Testimonials must be truthful and factually supportable.
Can I say my firm specializes in personal injury law?
You can describe your practice focus, including saying your firm concentrates on or focuses on personal injury law. What you generally cannot do is call yourself a "specialist" or "board-certified" in a field without holding certification from an organization approved under Rule 7.4.
How long do I need to keep copies of my advertisements?
Under Rule 7.1(k), you must retain copies of print and broadcast advertisements for at least three years from initial dissemination. For websites and other online content, the minimum retention period is one year, with snapshots required upon initial publication, any major redesign or significant content change, and at least once every 90 days.
Are my firm's blog posts considered attorney advertising?
It depends on the content. Posts that are genuinely educational and do not invite readers to hire the firm may fall outside the advertising rules under Rule 7.1(q)-(r). Posts that discuss past results, solicit clients, or are primarily promotional must include the required labels and disclaimers.
What are the rules about emailing potential clients?
Email is treated as a "computer-accessed communication" under the New York Rules of Professional Conduct. Emails that qualify as attorney advertising must include "ATTORNEY ADVERTISING" in the subject line. If the email crosses into targeted solicitation of a specific individual with a known legal problem, the stricter requirements of Rule 7.3 apply.
Can I advertise contingent fee arrangements, including "no fee unless we win"?
Yes, but this type of advertising must comply with both Rule 7.1 and New York Judiciary Law Section 488(3). Required disclosures include information about how the contingent fee is calculated and the client's responsibility for litigation costs and expenses regardless of outcome. If you are a potential client trying to understand what a contingent fee arrangement actually means for you, see our guide on why you need a personal injury attorney.
Can I use paid testimonials or influencers in my advertising?
You can use paid endorsements, but the advertisement must clearly disclose that the person is being compensated. Rule 7.1(c) specifically prohibits paid endorsements without this disclosure. Undisclosed paid testimonials are treated as misleading regardless of whether the underlying content is accurate.
What is the difference between attorney advertising and solicitation?
General advertising reaches a broad audience and is governed by Rule 7.1. Solicitation under Rule 7.3 involves targeted communication directed to a specific individual offering legal services, often in connection with a known legal problem. Solicitation aimed at accident or injury victims is further regulated by Rule 4.5, which imposes specific timing and format restrictions.
