The Ethics of Online Advertising and Marketing

We're back with a CLE to help demystify the ethical implications surrounding digital/online advertising for lawyers and law firms! In this presentation, we'll cover various ethical implications of digital legal marketing used to engage current clients and reach new clients. Attendees will learn about ethical issues concerning law firm websites & blogs, local directories & reviews, lead generation & pay-per-click (PPC) advertising, and social media advertising. We will discuss the ethical issues of targeting certain users with Google, Meta/Facebook and Geofencing ad services. We will examine how changes to Google Ads’ keyword matching implementation may lead to ethical issues for law firms in some jurisdictions. We will also examine the legal and ethical issues presented by fake reviews, both positive and negative, that seem to be a part of many law firms’ online directory profiles.

Topics covered include:

Legal Marketing Legal Ethics

Agenda:

Online Methods of Attorney Advertising and an Ethics Overview

The internet, websites, blogs, social media
ABA Model Rule 7.1: Communications Concerning a Lawyer's Services
ABA Model Rule 1.6: Confidentiality of Information

Ethical Considerations for Websites & Blogs

Ethical communications
Office locations
Confidentiality of information
Ethical checklist

Using Directories & Reviews Ethically

Lawyer directories
Office locations
Law firm name
Reviews
ABA Formal Opinion 496: Responding to Online Criticism

Online Advertising: Ethical Pitfalls

Placements
Impressions
Clicks
Leads
Other pricing models
Targeting, Google keyword matching

Advertising Ethically on Social Media

Using different social media platforms
Protecting confidential information
Workplace social media policies

Questions & Answers

Duration of this webinar: 60 minutes

Originally broadcast: May 12, 2023 12:00 PM PT

Webinar Highlights

This webinar is divided into section summaries, which you can scan for key points and then dive into the sections that interest you the most.

00:00 Introduction and Overview

Tim Stanley, CEO and founder of Justia, is introduced as the speaker, with a background in legal marketing and a mission to make legal resources free for all. Tim will discuss ethics in online advertising, covering various aspects of attorney advertising and marketing strategies. Audience questions will be addressed after the presentation.

04:40 Ethics in Online Advertising

Tim discusses the evolution of attorney advertising since the Bates decision, highlighting the increased aggression in marketing strategies. He explains the impact of the internet on advertising, noting the global visibility and new opportunities for marketing through websites, blogs, and social media. Tim emphasizes the importance of ethical rules in advertising, such as avoiding misleading communications and being truthful. He outlines the main ethical challenges lawyers face, including confidentiality and jurisdictional issues when practicing law from different locations.

09:06 Website and Blog Considerations

Tim discusses the ethical challenges related to websites and blogs, focusing on misleading communications and confidentiality. He highlights the importance of obtaining client permission before sharing information online, especially in blog posts and social media. Tim explains the jurisdictional issues that arise when lawyers practice from different locations, emphasizing the need to understand rules in both licensed and physical locations. He provides examples of misleading advertising, such as the 'Pit Bull Law Firm' case in Florida, and the importance of accurate representations in marketing. Tim advises lawyers to be cautious when writing about specific cases or companies to avoid ethical violations and potential state bar reports.

17:31 Office Locations and Confidentiality

Tim addresses the ethical concerns related to office locations and confidentiality, emphasizing the importance of accurate representations in directories and websites. He warns against listing office locations where lawyers are not licensed, since this can lead to charges of unauthorized practice of law. Tim discusses the confidentiality of client information, advising lawyers to obtain written permission before sharing details online. He explains the process of removing confidential information from search engines and the Internet Archive if mistakes occur. Tim recommends using ethical checklists provided by bar associations to ensure compliance with advertising rules.

34:22 Directories, Reviews, and Naming

Tim discusses the importance of accurate representations in directories and reviews, warning against listing unlicensed office locations. He explains the ethical implications of using keywords in law firm names for SEO purposes, noting that this practice is not allowed in all states. Tim highlights the issue of fake reviews on platforms like Google, advising lawyers to ensure reviews are genuine and related to the correct office. He emphasizes the ethical challenges of responding to negative reviews, advising against revealing confidential client information.

51:15 Online Advertising Strategies

Tim explains the ethical considerations in online advertising, focusing on lead generation and targeting strategies. He discusses the history of lead generation services and the ethical challenges they have faced, emphasizing the importance of not vouching for lawyers' credentials. Tim highlights Google's role in lead generation through local services ads, explaining the verification process for law licenses. He advises using photos of licensed lawyers in ads to avoid ethical issues and discusses the implications of using competitor names in PPC campaigns. Tim touches on the ethical concerns of remarketing and geofencing, advising caution in targeting specific locations or health-related topics.

01:20:39 Social Media and Ethical Concerns

Tim discusses the ethical concerns related to social media, emphasizing the importance of confidentiality and avoiding misleading content. He advises law firms to implement social media policies to manage posts and protect client information. Tim highlights the risks of quickly posting on social media without considering the ethical implications. He recommends being cautious about sharing client information and advises against engaging in online disputes with clients. Tim concludes by reminding lawyers to adhere to ethical guidelines and regulations in their marketing practices.

Please note this AI-generated summary provides a general overview of the webinar but may not capture all details, nuances, or the exact words of the speaker. For complete accuracy, please refer to the original webinar recording.

Continuing Legal Education (CLE) Credits

*CLE credit is only available to Justia Connect Pros. Not a Pro? Upgrade today>>

California CLE

Status: Approved

Credits: 1.00 Legal Ethics

Earn Credit Until: June 30, 2026

South Carolina CLE

Status: Approved

Credits: 1.00 Legal Ethics/Professional Responsibility

Difficulty: All Levels

Earn Credit Until: December 31, 2025

North Carolina CLE

Status: Approved

Credits: 1.00 Ethics

Earn Credit Until: February 28, 2026

Texas CLE

Status: Approved

Credits: 1.00 Legal Ethics/Professional Responsibility

Earn Credit Until: January 31, 2026

This presentation is approved for one hour of Legal Ethics CLE credit in California, one hour of Legal Ethics/Professional Responsibility CLE credit in South Carolina (all levels), and one hour of Ethics CLE credit in North Carolina. This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.00 credit hours, of which 1.00 credit hours will apply to Legal Ethics/Professional Responsibility credit.

Justia only reports attendance in jurisdictions in which a particular Justia CLE Webinar is officially accredited. Lawyers may need to self-submit their certificates for CLE credit in jurisdictions not listed above.

Note that CLE credit, including partial credit, cannot be earned outside of the relevant accreditation period. To earn credit for a course, a lawyer must watch the entire course within the relevant accreditation period. Lawyers who have viewed a presentation multiple times may not be able to claim credit in their jurisdiction more than once. Justia reserves the right, at its discretion, to grant an attendee partial or no credit, in accordance with viewing duration and other methods of verifying course completion.

At this time, Justia only offers CLE courses officially accredited in certain states. Lawyers may generate a generic attendance certificate to self-submit credit in their own jurisdiction, but Justia does not guarantee that lawyers will receive their desired CLE credit through the self-submission or reciprocity process.

Looking for CLE credit? Visit CLE Dashboard

Speaker

Tim Stanley CEO
Justia

Tim Stanley is the CEO and founder of Justia, one of the most visited legal portals in the world. Justia’s mission is to make law and legal resources free for all. Before founding Justia, Tim founded and was CEO of FindLaw. He is the general counsel and on the Board of Trustees of Public.Resource.Org, and was previously on the Board of Nolo and American LegalNet. Tim has a BS and MS from Stanford University and a JD from the University of Michigan Law School.