Massachusetts Rules of Professional Conduct
The Massachusetts State Bar has created rules regarding internet and website marketing, and it is essential that you follow these rules. If you don’t, you may be subject to disciplinary actions.
With the help of a creative and experienced web marketing team, you can rest easy knowing that your marketing is in good hands. We can help you ensure your advertisements don’t contain false or misleading information, while still attracting new customers.
The information below contains all of the rules and regulations the Massachusetts Bar has on internet marketing. You may also want to read comments to the rules for further guidance on advertising in Massachusetts.
Resources
Massachusetts Rules of Professional Conduct – The complete list of the rules of professional conduct in Massachusetts.
Massachusetts Ethics Opinions – Have ethical questions regarding the rules? This is a helpful resource.
Key Rules to be Aware of
Rules of Professional Conduct Rule 7.1: Communications concerning a lawyer’s services
A lawyer shall not make a false or misleading communication about the lawyer or the lawyer’s services. A communication is false or misleading if it contains a material misrepresentation of fact or law, or omits a fact necessary to make the statement considered as a whole not materially misleading.
Rules of Professional Conduct Rule 7.2: Advertising
(a) Subject to the requirements of Rules 7.1 and 7.3, a lawyer may advertise services through written, recorded or electronic communication, including public media.
(b) A lawyer shall not give anything of value to a person for recommending the lawyer’s services, except that a lawyer may:
(1) pay the reasonable costs of advertisements or communications permitted by this Rule;
(2) pay the usual charges of a legal service plan, not-for-profit lawyer referral service, or qualified legal assistance organization;
(3) pay for a law practice in accordance with Rule 1.17;
(4) refer clients to another lawyer or a nonlawyer professional pursuant to an agreement not otherwise prohibited under these Rules that provides for the other person to refer clients or customers to the lawyer, if
(i) the reciprocal referral agreement is not exclusive, and
(ii) the client is informed of the existence and nature of the agreement; and
(5) pay fees permitted by Rule 1.5(e) or Rule 5.4(a)(4).
(c) Any communication made pursuant to this Rule shall include the name of the lawyer, group of lawyers, or firm responsible for its content.
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