The Words a Law Firm Website Isn’t Allowed to Use

Every business stretches the truth a little on its website. The plumber is the best in town. The diner is world famous, mostly in one zip code. Nobody minds. It is practically the national pastime.

Lawyers are not allowed to play.

Lawyer advertising is governed by each state’s rules of professional conduct, and most states model theirs on the American Bar Association’s Model Rules — Rules 7.1 through 7.3 in particular. The heart of it is one sentence: a lawyer’s communications about the lawyer’s services must not be false or misleading. The difficulty is how much ordinary marketing copy turns out to be misleading when someone at the state bar reads it slowly.

This is not legal advice, and the rules differ from state to state. Before you publish anything, read your own state bar’s rules, and use its ethics resources if it offers them. What follows is the short list of places firm websites most often wander into trouble.

“Specialist” and “expert”

In most states, a lawyer may not claim to be certified as a specialist unless a recognized certifying organization has actually certified them — and the certifying body generally has to be named. “Expert” can run into the same wall in some jurisdictions. A firm is free to say what it does. It generally may not promote itself to a credential it does not hold.

Past results

“We recovered $4.2 million.” Suppose it is true. It is impressive. On its own, it can also be misleading, because it implies the next client can expect something similar. The official commentary to the Model Rules says as much: truthful reports of past results can mislead when they create unjustified expectations. Many states require a disclaimer beside any result, and some regulate how results may be presented at all.

Testimonials

A glowing word from a former client is the most persuasive thing most businesses own. For a law firm, it is also regulated. Some states require disclaimers. Some restrict testimonials that describe outcomes. And giving anything of value in exchange for a recommendation is its own problem. Where a testimonial may appear, and in what form, is a question for your bar — not your web designer.

“Guaranteed,” “best,” and the unprovable comparison

“The best DUI lawyer in Phoenix.” Best according to whom? Comparisons that cannot be factually substantiated are a classic source of complaints. So is anything that sounds like a promise about an outcome. Nobody can guarantee what a jury will do, including the jury.

What persuades better anyway

Here is the consolation, and it is a large one. The superlatives never worked very well.

People who hire lawyers are, as a rule, having the worst week of their year. They are frightened, they are suspicious, and they have seen the billboards. “Aggressive,” “proven,” and “the best” wash over them like weather. What gets through is specificity and restraint.

• Say exactly what you do. Not “personal injury.” Commercial trucking collisions in Maricopa County. The narrower the claim, the more believable it becomes.
• Say what you don’t do. A firm that turns work away is a firm with standards. Telling a visitor plainly which matters you decline is honest, and quietly impressive.
• Explain the process. What happens on the first call, what it costs, how long matters usually take. Fear shrinks when the next step has a name.
• Show the people. Real attorneys, real biographies, real bar admissions. Credentials that are true need no adjectives.

Every one of those persuades. None of them requires a word anyone at the bar would underline.

A demonstration

We built a complete law firm homepage around exactly this idea. It belongs to Whitmore & Vance, a boutique firm that does not exist — invented for the demonstration. Its argument is selectivity. It has a staircase practice grid, partner profiles, disclaimers where the rules would expect them, and a section built around the matters the firm declines to take, which turns out to be a more convincing pitch than any superlative ever written.

If your website is still promising to be the best

It may be time for one that argues the way good lawyers do: precisely, and without raising its voice. Here is how we build law firm websites, and the prices are published.

Or get in touch. We will leave the adjectives out.