Understanding the Rules of Legal Marketing in Minnesota
Legal marketing plays a crucial role in helping attorneys and law firms reach potential clients. However, in Minnesota, as in all states, lawyer advertising is subject to strict rules and ethical guidelines to maintain professionalism and protect consumers. Attorneys practicing in Minnesota must adhere to the Minnesota Rules of Professional Conduct (MRPC), which govern legal advertising and marketing practices. This blog post will explore the Minnesota legal advertising rules and provide insights into staying compliant while effectively marketing your law firm.
An Overview of Lawyer Advertising Rules in Minnesota
The Minnesota Rules of Professional Conduct set clear parameters for attorney marketing. Rule 7.1 through Rule 7.5 specifically address legal advertising and communication. Here are the key provisions:
- Rule 7.1: Communications Concerning a Lawyer’s Services
- Lawyers must not make false or misleading statements about their services.
- A statement is misleading if it creates unjustified expectations or omits crucial facts that could make the communication deceptive.
- Rule 7.2: Advertising
- Attorneys are permitted to advertise their services through public media, including print, radio, television, and digital platforms.
- The lawyer’s name and contact information must be included in all advertisements.
- Rule 7.3: Solicitation of Clients
- Direct solicitation, such as targeting specific individuals via email, mail, or in person, is restricted. Exceptions are made for communications with close family members, existing clients, or former clients.
- Solicitation that involves coercion, harassment, or intimidation is prohibited.
- Rule 7.4: Communication of Fields of Practice and Specialization
- Lawyers can state they practice in certain areas of law but must not claim to be a “specialist” unless certified by an organization approved by the Minnesota Board of Legal Certification.
- Rule 7.5: Firm Names and Letterheads
- Firm names, letterheads, and other professional designations must not mislead the public.
These rules aim to ensure that all legal advertising is truthful, professional, and in the best interest of the public.
Adapting to Legal Marketing Changes
Over the years, legal marketing has evolved significantly, particularly with the rise of digital platforms. Attorneys must now navigate modern marketing trends while staying compliant with lawyer advertising rules in MN. Key changes and considerations include:
- Social Media Advertising
Platforms like LinkedIn, Facebook, and Twitter are increasingly popular for law firm marketing. When advertising on social media, attorneys must ensure that their posts, sponsored ads, and interactions comply with the MRPC. For example:- Avoid making unverified claims about your success rate.
- Include a disclaimer if required, such as “Past results do not guarantee future outcomes.”
- Website and SEO Content
Websites are a cornerstone of Minnesota law firm advertising. Content must comply with Rule 7.1, avoiding misleading language while presenting services accurately.- Ensure blog posts, FAQs, and case studies are factual and do not promise specific results.
- Use disclaimers where necessary, especially when discussing past case outcomes.
- Pay-Per-Click (PPC) Advertising
PPC campaigns on platforms like Google Ads are effective but must also meet ethical guidelines.- Ads must be clear, truthful, and free of hyperbolic language.
- Ensure your firm’s contact information is prominently displayed.
Staying Compliant with Advertising Regulations in MN
Attorneys in Minnesota must take proactive steps to ensure their marketing efforts comply with advertising regulations MN. Here are some best practices:
- Include Required Disclosures
Whether you’re running a Google Ad or placing a billboard, include necessary disclaimers and contact information to comply with Rule 7.2. - Avoid Promising Results
Avoid language like “We guarantee you’ll win your case” or “The best lawyer in Minnesota.” Stick to factual descriptions of your services and experience. - Monitor Online Reviews
While client testimonials are valuable, they must comply with ethical rules. Monitor reviews on your website or third-party platforms to ensure they are not misleading or exaggerated. - Work With Legal Marketing Experts
To avoid missteps, consider partnering with professionals experienced in legal ads in Minnesota. Agencies specializing in legal marketing understand the nuances of compliance and can help you create ethical, effective campaigns.
Consequences of Non-Compliance
Failing to follow the Minnesota legal advertising rules can result in disciplinary actions, including fines, suspension, or even disbarment. Additionally, non-compliant advertising can damage your reputation and erode trust with potential clients.
Leveraging Ethical Marketing for Success
Staying compliant with the MRPC doesn’t mean your marketing has to be boring or ineffective. By following legal marketing best practices, you can:
- Build trust with potential clients through transparency.
- Establish yourself as a knowledgeable and ethical professional.
- Expand your reach and reputation through strategic, compliant marketing.
At PSM Marketing, we specialize in helping attorneys navigate the complexities of Minnesota law firm advertising. Whether you’re building your first marketing campaign or looking to modernize your strategy, our team can ensure you achieve your goals while adhering to the rules.
The rules governing legal marketing in Minnesota are designed to protect both lawyers and the public. By understanding and adhering to these guidelines, attorneys can build ethical, effective marketing strategies that resonate with potential clients. If you’re ready to elevate your marketing while staying compliant, contact PSM Marketing today for a consultation!
How the Rules Related To Advertising Have Changed: What Minnesota Lawyers Need to Know
As of September 1, 2022, the Minnesota Rules of Professional Conduct have been streamlined and simplified in support of lawyers who want to do advertising. But take note: Even the word “Advertising” has been eliminated from the title of the Rule which is now referred to as “Rule 7.2 Communications Concerning a Lawyer’s Services: Specific Rules.” One positive change is that lawyers no longer need to include the word “Advertising” at the top of targeted communications. As many of you know, I spent many years as both a 4th District Ethics Investigator for complaints in Hennepin County and served on the Lawyers Board of Professional Responsibility (co-chairing the board for a year) for over six years. The purpose of this blog is to provide the highlights of the changes to the Advertising Rules, and to make recommendations on opportunities and freedoms you now have in marketing your practice. I will discuss what remains the same, but also what has changed, reviewing in order all the Rule 7 changes.
Rule 7.1: Communications Concerning a Lawyer’s Services
One thing has not changed, nor should it. Lawyers are prohibited from making statements that are false or misleading. In other words, tell the truth. Don’t overstate your qualifications, and don’t state you have practiced in areas or matters you haven’t. Complying with this Rule also requires that you not omit facts that would confuse or mislead a prospective client or referral source. Rule 7.1 also encapsulates today’s key marketing tools like your website, LinkedIn profile, and e-communications you send to clients. Let’s say you want to get into a particular practice area, like family law or estate planning. You cannot promote these services until you have the demonstrated experience to deliver services in these areas. You can’t list areas in which you don’t practice but would like to on any of your marketing whether electronic or paper based.
Rule 7.2: FKA Advertising, now called Communications Concerning a Lawyer’s Services: Specific Rules
This Rule builds on the foundational elements of Rule 7.1 stressing the need to be truthful and not to mislead people about your perceived v. actual experience. This Rule continues to prohibit paying for referrals (except in specific situations governed in MRPC Rule 1.5(e). There is also a higher standard for “Qualified” referral services. Any referral network or service must be consumer-focused, provide unbiased referrals to lawyers with appropriate experience and subject matter mastery, and must offer a complaint procedure or malpractice insurance requirements.
You Can Now Say Thank You With a Gift
The new Rules allow lawyers to send thank you gifts that convey an expression of appreciation to referral sources. The gifts must be nominal – like a gift card to Starbucks, or their favorite restaurant. Yet the gift must not convey any type of payment or compensation for making the referral. Another part of Rule 7.2 that has been expanded is that in all communications the lawyer needs to continue to provide his or her name (the lawyer responsible for the communication), and must now include contact information (phone number, email address, website address for example).
Rule 7.3 Solicitation of Clients
Please review Rule 7.3(a) as it now includes the “official” definition of the term “solicitation.” One highlight is that the Rule defines and narrows the solicitation to “live person-to-person contact.” The exception is if the lawyer is contacted directly by the client or a personal who has a close family, or personal connection or has a prior business or professional relationship with the lawyer or the law firm. Take some time to read the new Rule and you will see that generally the people with whom lawyers can meet to solicit business has expanded. As always, a lawyer managing others on his or her team must make reasonable efforts to ensure all employees or vendors are abiding by the ethics Rules. In addition, it is ethically prohibited for you to, for example, hire a salesperson to directly solicit new clients by visiting hospitals, nursing homes, or other places prospective client are vulnerable.
Summary
The Rule changes broaden and expand what lawyers can do to market their practices. Not having to put “Advertising Material” at the top of everything you send to someone who is not a direct contact, client, or referral source is refreshing. It automatically increases the credibility of your message by being able to omit this intrusive headline. There are many other “Rules Related to Marketing” that you should be aware of – because you have total control over complying with them. Those Rules include:
- Rule 1.1 Competence
- Rule 1.2 Scope of Representation
- Rule 1.3 Diligence
- Rule 1.4 Communication
- Rule 1.16 Declining or Terminating Representation
- Rule 2.1 Advisor
- Rule 3.6 Trial Publicity
- Rule 6.1 Voluntary Pro Bono Publico Service
- Rule 6.3 Membership in Legal Services Organizations
Please let me know if you have any questions or would like to discuss the ethics of marketing your law practice! You can reach me at Terrie@psm-marketing, or 651-295-5544.