Can a lawyer advertise?

Advertising for lawyers is a delicate subject governed by strict ethical rules. To answer this problem clearly, we have sanded the Vademecum and we save you from typing 100 pages to summarize all this in a clear article that will answer all your questions.

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What types of advertising is a lawyer allowed to do?

Lawyers can use various media for their advertising, as long as they respect ethical rules:

💡 This non-exhaustive list must meet the conditions that we see below.

• Postal or electronic means : To send newsletters about the firm, its activities, etc.
• Leaflets, posters, movies, radio, television : These supports are authorized. This is surprising but you can shoot a commercial and broadcast it before the TF1 news.
• Websites and applications : A website or a smartphone application can be used to disseminate information about the firm.
• Online advertising : Google Ads or Meta Ads. You can advertise on Google and social networks.
• Advertising items : Pens, pencils and other gadgets can be used, as long as they respect the principles of the profession (we'll see that later)
• Patronage and sponsorship : Participating in sports or cultural sponsorship operations is authorized.
• Trade shows, conferences, seminars : Participation in these events is an authorized means of advertising.

Concretely, you are very unhindered on the format. Make way for the conditions:

The conditions to be respected

Lawyers can advertise under certain conditions. Advertising must provide truthful information on the nature of the services offered and respect the essential principles of the profession. Here are a few key points:

• Sincere information : Advertising shalt be honest and not mislead.
• Respect for essential principles : Advertising shalt respect the dignity, honor and independence of the profession.
• Communication of specializations : Lawyers Can mention their specializations, specific qualifications, and areas of dominant activities after transmitting the terms of this communication to the Council of the Order.
• Non-denigrating advertising : Any comparative or denigrating mention is prohibited.

If we repeat word for word the Vademecum : specify his status - identify himself (Me X, Cabinet X) - provide information on his location and any element allowing him to be reached - mention the bar to which he is registered - specify the practice structure to which he belongs - specify his membership in a network if this is the case.

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What are the prohibitions of a lawyer?

Some practices are strictly forbidden:

• Misleading advertising : Any form of false or misleading advertising is prohibited (for example, impersonating a state actor or speaking out as the “best” in a field).
• Comparison and denigration : It is forbidden to compare one's services to those of other lawyers or to denigrate them.
• Text messages : The use of SMS, MMS or voice messages for personalized solicitation is prohibited.
• Use of third parties : It is forbidden to use the services of a third party to circumvent the prohibitions on personalized solicitation. Basically, we forget the mailing agency for law firms.

💡 Good to know : it is forbidden to put “specialist”, “specialized”, “expert” or “expertise” on a website without having the specialization. So replace with our areas of intervention.

Personalized solicitation

Many lawyers don't want to send emails to people who might be interested in their service. Personalized solicitation is a specific form of direct advertising:

• Definition : This is any direct or indirect communication intended to promote the services of a lawyer to a specific natural or legal person.
• Shape : It can be done by post (for the brave) or email, but does not include text messages on mobile phones.
• Contents : The solicitation must contain an offer of service and specify the procedures for determining the cost of the service, which will be the subject of a fee agreement.
• Prohibition of canvassing : Any physical or telephone approach is prohibited as part of personalized solicitation.

Is it possible for a lawyer to mention the names of his clients in his communication?

General prohibition

• Professional secrecy : Lawyers cannot mention the names of their clients, online or elsewhere. Professional secrecy is strictly protected and cannot be waived, even with the client's consent.

Exception for tenders

• Public or private tenders : During tendering procedures, a lawyer may mention the names of his clients with their prior and explicit agreement.
• Old cabinet : If the client was followed by the lawyer when he worked for another firm less than two years ago, the lawyer must inform his former firm of the request for agreement and indicate the name of that firm in the tender response.

Limiting the exception

• Specific information : The mention of customers in tenders is only intended to inform the contracting authority or contracting entity. Apart from this situation, it is still forbidden to mention the names of customers, even with their agreement.

💡 Attention however: Press releases and press information from third parties or customers may be cited by firms as part of their communication.

That's why big deals can be communicated. This is why the sites of the largest firms are focused on communication around their achievements (especially in M&A - PE - Restructuring). As long as these facts are taken up by third parties, you risk nothing (which is why it is important to communicate with the legal press to broadcast your victories).

Show my customer cases and Google reviews as a lawyer

About your website

It's normally forbidden! However, many lawyers allow themselves to do so and this rule is not respected in practice.

Regarding social networks

The CNB says, “He is.”recommended“it is up to the lawyer not to relay his client's opinion or comment simply for the sake of advertising. It is a simple recommendation, so you can relay this information without problems on your social networks.

Advertising control

The president of each bar is responsible for control personalized advertising and solicitations from lawyers to ensure that they respect ethical rules. The advertisements must be communicated without delay to the Council of the Order. However, this does not apply to ads on social networks. Regarding the Paris Bar, you normally no longer need to have it validated by the order. However, they are likely to come and check your website.

No site built by Ourama has received sanctions!

To go further and in detail, here is the Vademecum produced by the CNB on the subject. It is (too much?) complete and very well built: Vademecum on communications.