As with any other industry, attorneys are always looking for new ways to attract more business and to develop greater name recognition. In today's age, new technologies allow attorneys to target potential clients and advertise their services in creative and unprecedented ways.

However, attorney advertising is not a matter of "anything goes." Instead, the ethical rules contain limitations on attorney advertising practices, which can at times be confusing in light of the many new advertising methods available to attorneys.

Recently, the ABA approved changes to the Model Rules of Professional Conduct governing attorney advertising that are intended to modernize the rules and are a response to prevailing concerns among attorneys. Certain states have already adopted the new amendments, while many others are in the process of considering whether to adopt some or all of the proposed changes. Accordingly, the amended Model Rules provide an indication of how states may respond to the new and ever-changing methods of attorney advertising.

Policy Considerations

Unlike other sources of bar complaints, the ABA's data indicated that bar complaints regarding an attorney's improper advertising were often coming from other lawyers complaining about their competitors, and not coming from affected clients or potential clients. Those findings suggested that, although the attorney advertising rules are intended to protect the public, it is possible that attorneys were using these rules defensively against other members of the bar.