If you’re a Texas attorney looking to spread the word about your practice, you’ve likely noticed that marketing yourself can feel like tightrope walking – particularly if you don’t have a strong grasp of attorney advertising laws in Texas. You want to highlight your achievements and let the public know that you’re available to help through attorney advertisements, yet you also have to follow a strict code of conduct that’s evolved significantly in recent years. Add in the complexities of social media, websites, and modern promotional platforms, and it’s no wonder so many lawyers approach advertising with trepidation.

Below, you’ll find an overview of the key components of the attorney advertising laws in Texas—what’s changed, what’s stayed the same, and how you can adapt your marketing to meet the rules. The aim is to maintain a light, conversational tone so the guidelines don’t feel like a slog, but still give you the crucial details you need to market ethically and effectively.

Shifting to the Digital Age

Not too long ago, attorneys primarily promoted themselves through word of mouth, referrals, and maybe the occasional print ad or billboard. This shift necessitated a reevaluation of law firm advertising practices to ensure they align with modern digital platforms. As the internet and social media exploded, however, the State Bar of Texas recognized that the existing rules felt like they were built for another era. It was time for an update, so the Texas Supreme Court signed off on amendments to the Texas Disciplinary Rules of Professional Conduct (TDRPC) and the Texas Rules of Disciplinary Procedure, effective July 1, 2021.

One of the biggest goals of this overhaul was to modernize the rules so lawyers wouldn’t feel stuck between ethical boundaries written back when websites were “newfangled.” The changes also aim to reduce the burden on things like filing requirements and disclaimers. But make no mistake: attorneys must still be vigilant in avoiding false or misleading statements. Think of the new rules (regarding attorney advertising laws in Texas) as more flexible guidelines, not a free pass to throw caution to the wind.

Why These Changes Matter

Before diving into specific sections, it helps to appreciate the broader context. Lawyers in Texas must adhere to the TDRPC for all kinds of professional conduct, including how they advertise themselves. These changes are crucial for adapting lawyer advertising to the digital age, ensuring that legal professionals can effectively reach potential clients. Given how drastically the digital landscape has changed—thanks to social platforms, pay-per-click ads, and the like—updating the rules wasn’t just a matter of convenience. It was crucial to help attorneys safely navigate modern marketing methods without constantly worrying about violating outdated guidelines.

Previously, the rules for advertising (found in Rule 7) had been revised in 2005. A lot can happen in 16 years. Concepts like trade names, widespread online ads, and social media-based marketing needed direct guidance. The State Bar’s Advertising Review Committee, which is the body that reviews attorneys’ promotional materials, was tasked with making the rules simpler and more aligned with what’s happening on the ground.

Key Points from the New Rules

1. Watch Out for False or Misleading Statements

Texas rules still firmly prohibit any advertising that’s untrue or likely to mislead. If you say you’re “the best in Houston at personal injury,” you’d better have some recognized basis for that claim, or you risk landing on the wrong side of Rule 7.01 and 7.02. The revised language clarifies that even a statement likely to create “unjustified expectations” about results can be problematic. If you show a giant verdict check in your ad but fail to mention it was a rare outcome, that can be considered misleading.

2. Trade Names Are Now Permitted

For a long time, Texas was among the handful of states banning trade names for law firms, forcing attorneys to stick to traditional naming conventions. Under the updated rules, you can call yourself something creative—like “Lone Star Defenders” or “Travis County Criminal Lawyers”—as long as it’s not false or misleading. This shift opens the door to more memorable branding, though you still can’t go so far as to call your firm “Best Travis County Criminal Lawyers,” because that implies a superiority you likely can’t prove.

3. Defining “Advertisement” and “Solicitation”

New definitions for these terms matter because certain compliance steps only apply to “advertisements” or “solicitations.” An “advertisement” is a message aimed at the public at large, while a “solicitation” is more individualized, directed at a specific person, and motivated by financial gain. The rules about disclaimers or labeling something as an “advertisement” can vary depending on which category the communication falls into.

4. Filing Requirements

While the rules attempted to streamline the filing process, Texas attorneys still need to submit certain ads to the Advertising Review Committee. The Texas Advertising Review Committee plays a crucial role in overseeing these submissions to ensure they meet the required standards. Under Rule 7.04, if you publish an ad in public media or distribute a mass solicitation, you generally must file it with the committee. Failure to do so can lead to penalties or fees. However, the updated rules loosen the grip slightly for law firm websites. Now, only your homepage has a filing requirement (unless the homepage is exempt for other reasons), and not every sub-page or blog post.

The Role of the Advertising Review Committee

You might wonder who’s actually making sure your ad meets these new standards for attorney advertising laws in Texas. Enter the Advertising Review Committee of the State Bar. Ensuring that a law firm’s website complies with these standards is essential for maintaining ethical advertising practices. This committee reviews submissions to verify they comply with the TDRPC. If you forget to file or file incorrectly, it can impose additional fees or take disciplinary action. In practice, most attorneys either pre-approve their advertisements with the committee (at least 30 days before going live) or file concurrently with the ad’s release.

Why bother with pre-approval? Think of it as a safety net. If you get the nod from the committee first, you’re less likely to face headaches later. The process might seem inconvenient, but it can save your firm from reprinting costs, wasted ad budget, or potential ethics pitfalls if a non-compliant ad runs.

Social Media and Beyond

Attorneys are increasingly turning to social media and “live” online interactions (think LinkedIn messages, Facebook chats, or real-time Q&A sessions). Under the revamped Rule 7.03, the concept of solicitation now covers not only in-person phone calls but also “social media or electronic communication” in live or interactive formats. That means if you’re sending direct messages to prospective clients on Twitter or Facebook trying to secure business, you need to ensure you’re abiding by the anti-solicitation ban (unless it’s an allowable exception).

On the plus side, the updated rules now explicitly mention permissible communications. If you’re reaching out to a fellow lawyer, a close friend, or someone known to be an experienced user of legal services, that’s often allowed without additional disclaimers. However, for everyone else, labeling your message as an advertisement could be necessary to avoid any suggestion of deception.

Nominal Gifts and Referral Agreements

Another subtle change clarifies whether and how attorneys can offer small tokens of appreciation to clients or contacts who refer business. Attorneys must be cautious not to seek professional employment through direct, personal communication if they have a significant financial interest in the outcome. Now, “nominal gifts” of “ordinary social hospitality” (like a modest meal) can be fine, as long as it’s not intended to be an outright referral fee. Think about taking a referral source to lunch for a thank-you versus giving them season tickets to a major sports team. One’s acceptable, the other clearly crosses a line.

Reciprocal referral agreements are also allowed if they’re not exclusive and the client knows about them. So, if you have a handshake deal with a local CPA—“I’ll send my business clients to you if you send your legal-needy clients my way”—that can be permissible if you’re transparent with clients, and if you don’t treat it as an exclusive pipeline.

Law Firm Websites: The Homepage Hurdle

Many attorneys worry about whether they have to file every bit of content on their law firm’s website. The good news is that only the homepage (unless exempt) generally needs to be filed under Rule 7.04. This is a relaxation from older rules that often created confusion about whether sub-pages, blogs, or videos needed separate filings. The new approach reflects the reality that websites are huge, living documents.

Still, you can’t ignore the basics. Your homepage must comply with the new guidelines, be free of misleading claims, and—if you use any disclaimers—those disclaimers must be clearly visible. If the content on your homepage fits into one of the recognized exemptions (like purely informational or educational content), you may not have to file at all, but it’s wise to confirm that exemption.

Best Practices for Staying Compliant

If you’re feeling a bit overwhelmed, rest assured there are some straightforward strategies for managing attorney advertising in Texas without tangling yourself in red tape. Ensuring that all representations of a lawyer’s services are truthful and accurate is crucial for maintaining compliance.

These practices aren’t rocket science, but they can keep your marketing on the right track:

• Keep It Real: Avoid puffery or big claims you can’t prove. If you highlight your past cases or verdicts, consider disclaimers reminding folks that results vary.
• Double-Check the Filing Rules: If in doubt about whether an ad needs to be filed, consult the updated TDRPC or ask the Advertising Review Committee directly.
• Know Your Audience: For general public ads, follow the ad labeling rules. For personalized communications aimed at a specific person, see if it qualifies as a solicitation.
• Mind Social Media: Treat real-time or interactive chats the same as you would a phone call. If you’re actively soliciting, you might cross a line.
• Tread Carefully with Testimonials: If you use client quotes or stories, ensure they’re accurate and not misleading about possible outcomes.
• Trade Names: If you adopt a trade name, ensure it’s not false or puffed-up. You’ll also likely need to file it for approval.
• File, File, File: Don’t skip your filing obligations with the committee, or you could face extra fees and potential discipline.

Tidying Up Social Media Profiles

Your social media feeds are more than just vanity pages; they can be seen as advertising if you discuss services or encourage new clients to hire you. The updated rules exempt certain “primarily informational” or “political” content, but direct pitches to new clients might require disclaimers. A safe approach is to label your practice-related posts with language like “Attorney Advertising,” unless you’re clearly within an exemption.

Keep in mind that if your posts are basically digital resumes—listing your education, languages spoken, and practice areas—then you’re likely within the exempt zone. But any claims about success rates or guaranteed results? That’s where disclaimers or possible filing might come into play.

Handling Evolving Tech

Technology won’t stop evolving. If anything, it’ll keep forging new routes for attorneys to connect with potential clients. Whether it’s a brand-new social platform, a novel form of targeted ads, or advanced chatbots, the same core principles apply: Don’t be deceptive, file ads where needed, and keep an eye on whether you’re soliciting people in a real-time interactive way. The more you know about the TDRPC and the Texas Supreme Court’s stance, the less likely you’ll be caught off-guard by new marketing frontiers.

Industry experts often predict that these rules might be revisited every few years to stay in line with new digital trends. Various experts have emphasized that frequent reviews help keep the regulations relevant and user-friendly, so don’t be surprised if further amendments roll out to handle the next wave of AI-driven or virtual reality marketing.

Moving Forward Doesn’t Have to be a Headache

Attorney advertising in Texas doesn’t have to be a headache. Yes, there are rules to follow—but they’re not designed to prevent you from promoting your services altogether. Rather, they aim to protect the public from shady claims and ensure potential clients get straightforward, truthful information about who they might hire. Under the latest amendments, you have more flexibility to brand yourself effectively, use trade names, and expand your online presence, as long as you avoid misleading statements and fulfill any necessary filing requirements.

Be it a bold website rebrand, a new social media campaign, or a creative tagline that sets your firm apart, the updated Texas rules create a landscape where savvy lawyers can market themselves confidently. Knowing the guidelines on trade names, disclaimers, and solicitations will keep you out of hot water.

Contact Walker Advertising for Helping Growing Your Firm’s Client Base

Whether you’re a solo or small firm lawyer or are part of a larger firm with plans for expanding your client base, it’s important to invest in your marketing efforts in order to hit your revenue and client growth goals.  Here at Walker Advertising, we can help.  We operate a number of popular attorney networks — including our Los Defensores and 1-800-THE-LAW2 brands — through which firms are able to access leads for various legal claims.

The leads we acquire through our various online marketing efforts — from social media marketing to targeted web ads — have been pre-qualified by our team so that you aren’t hassled by a flood of leads that are simply not relevant or actionable for your purposes.  By accessing these quality leads, you’ll be well-equipped to select the best ones to grow your firm business.

Contact Walker Advertising today to connect to a member of our team who can explain how our legal networks can help your firm business thrive in this ever-changing digital marketing landscape.

We look forward to assisting you.