Communications Concerning a Lawyer's Services: Specific Rule

Subject to the requirements of these Rules, a lawyer may communicate information about that lawyer's services through any lawful media. A lawyer who communicates with prospective clients concerning legal services must comply with the following: (a) A copy of each communication subject to these Rules and a record of the following must be kept by the lawyer for six (6) years after the communication's dissemination and must be provided promptly to the Office of General Counsel of the Alabama State Bar upon request: (1) the date of the communication; (2) the name of the recipient and the address, telephone number, or email address to which the communication was sent; and (3) the means by which the communication was sent. A failure to retain this information and produce it to the Office of General Counsel promptly upon request is a violation of these Rules. (b) Any communication covered by these Rules must comply with the following: (1) If a lawyer who appears in or is identified in a communication is not licensed to practice law in Alabama, the communication must clearly and prominently disclose that fact; (2) If a lawyer or law firm who communicates with prospective clients in Alabama does not have a bona fide office in Alabama, the communication must clearly and prominently disclose that fact; (3) If one or more lawyers appears in or is identified in the communication, the communication must include the city, town, county, or location of the bona fide office of at least one of those lawyers; (4) If an individual lawyer does not appear in or is not identified in a communication, but instead a law firm appears in or is identified in the communication, then the communication must include the location of at least one bona fide office of the firm where the legal services will be performed; and (5) If a lawyer uses a lawyer-referral service, the referral service must disclose the location of the lawyer's bona fide office when a referral is made. (c) Each lawyer who appears in or is identified in a communication subject to these Rules will be responsible for the content of the communication and its compliance with these Rules unless the lawyer reasonably was not aware of the communication or reasonably could not have controlled its content. (d) All disclaimers, disclosures, and other statements that these Rules require shall be legible and easy to see and read, if written, and easy to hear and understand, if spoken. If displayed visually, the disclosure, disclaimer, or other required statement must be displayed for a sufficient time and in writing large enough to enable a typical viewer to see and read the disclosure or disclaimer. Spoken disclosures, disclaimers, and other required statements shall be spoken at the same cadence and at the same or a slower rate of speed, and at least at the same volume, as the other spoken content of the communication. (e) Any disclosure, disclaimer, or other statement that these Rules requires shall be made in each language used in the communication to which the disclosure, disclaimer, or other required statement relates; however, saying that a particular language is spoken or understood by a lawyer does not require a disclosure or disclaimer in that language. (f) If specific fees are mentioned in the communication, the lawyer must perform the services at the stated fees. The failure of the lawyer to perform the services at the stated fees shall be prima facie evidence of misleading and deceptive practices. The lawyer is bound to perform the services for the stated fees for at least ninety (90) days after the date of the last communication referencing the stated fees. (g) A communication that contains the representation that the charging of a fee is contingent on success or that no fee will be charged in the absence of recovery, or a similar representation, must disclose clearly and prominently if the client will be responsible for paying or reimbursing court costs or other expenses of litigation if there is no recovery. (h) A lawyer must not compensate, give, or promise anything of value to a person for recommending the lawyer's services, but a lawyer may: (1) pay the usual costs of communications permitted by this Rule -- however, no lawyer shall pay for the cost of communication of another lawyer not in the same firm unless (i) the lawyers have agreed to work together and jointly represent clients in the matter referenced in the communication and (ii) the lawyers' agreement does not violate any other provisions of these Rules; (2) pay the usual charges of a not-for-profit lawyer-referral service or a not-for-profit legal-aid agency or entity recognized as legitimate by the Office of General Counsel; (3) pay a sponsorship fee or make a contribution to a charitable organization or other not-for-profit organization that will result in the lawyer being recognized or listed as having sponsored or contributed to the organization; (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 referral agreement is not exclusive; and (ii) the client is informed of the existence and nature of the agreement; and (5) give nominal gifts as an expression of appreciation that are neither intended nor reasonably expected to be a form of compensation for recommending a lawyer's services. (i) A communication promising a specific result is prohibited. (j) A lawyer shall not communicate that the lawyer handles matters in practice areas in which the lawyer does not currently practice or intend to practice. A lawyer must not make communications concerning legal services that would cause a reasonable prospective client to believe that the lawyer making the communication would handle the matter for the prospective client if the lawyer normally or probably would not handle the matter and would refer the matter to a lawyer in a different firm or practice, unless the following is clearly and prominently disclosed: (1) "MOST CASES OF THIS TYPE ARE NOT HANDLED BY THIS LAWYER/FIRM BUT ARE REFERRED TO OTHER ATTORNEYS"; or, if applicable, (2) "MOST CASES OF THIS TYPE ARE REFERRED TO OTHER ATTORNEYS FOR PRINCIPAL RESPONSIBILITY." (k) A communication must not cause a reasonable prospective client to believe that the lawyer will engage in conduct or tactics that would violate these Rules or a court rule. (l) A communication may include a testimonial, subject to the following: (1) the person giving the testimonial about a lawyer or firm must have personal, real, and direct legal experience with the lawyer and must have a legitimate basis for what is said and (2) if the person giving the testimonial has been compensated or given or promised anything of value for giving the testimonial, that fact must be disclosed plainly and prominently. The lawyer on whose behalf the testimonial is made is responsible for ensuring that the testimonial is accurate and not misleading. Any materially false or misleading statement by the person giving the testimonial constitutes a violation of these Rules by the lawyer. (m) If a communication includes a specific result achieved by a lawyer in a matter, the result must be accompanied by a description of the type of case or matter, must be objectively verifiable, and must be described or presented in a manner that is not misleading. A communication about a result achieved by a lawyer in a matter is misleading if it would probably cause a reasonable person to form an unjustified expectation that the same or a similar result probably would be obtained for other clients or if the communication would probably cause a reasonable person to misunderstand the nature or significance of the result. (n) Communications that include a dramatization or depiction of an actual event, or that include a depiction of a fictitious event that a reasonable prospective client would not understand was fictitious, must state clearly and prominently: "DRAMATIZATION -- NOT (THE) (AN) ACTUAL EVENT." (o) A lawyer must not use an authority figure such as a judge or lawenforcement officer to endorse or recommend the lawyer, to act as a spokesperson for the lawyer, or to give a testimonial about the lawyer, unless the person has been a client of the lawyer. A lawyer may not use an actor to portray an authority figure to endorse or recommend the lawyer, to act as a spokesperson for the lawyer, or to give a testimonial about the lawyer. (p) A lawyer must not use an actor or model to portray a client of the lawyer, unless the client portrayal is nonspeaking and merely background. A lawyer must not use an actor to portray a lawyer whose services are being described or promoted. (q) In any communication by a lawyer purporting to give the public legal advice or information in which the lawyer solicits legal employment by the viewer, reader, or listener -- and which a reasonable person would not understand was an advertisement - - for which the broadcaster or other provider of the platform for the communication receives any remuneration or other consideration, directly or indirectly, from or on behalf of the lawyer making the communication, the lawyer must clearly disclose during the communication that (1) the lawyer has paid the broadcaster or other platform provider and (2) the communication is an advertisement. For an audiovisual communication, such as one broadcast on television or posted on the internet, this disclosure must be given orally if the communication includes spoken words and also in writing at the start of the communication and immediately after any commercial or other interruption. For any radio or other audio communication, the disclosure must be spoken at the beginning of the communication and after any commercial or other interruption. Call-in television or radio programs, question-and-answer presentations, interviews, and "infomercials" in which the lawyer invites the viewer or listener to consult the lawyer or otherwise solicits legal employment are examples of the type of communication requiring this disclosure. The disclosure is not required for a lawyer's social-media posts or blogs discussing legal issues or matters if the lawyer does not directly solicit employment by the viewer or reader or for communications for which the lawyer does not pay or otherwise compensate the platform provider directly or through third parties. (r) A lawyer must not manipulate or purchase internet search results so as to cause a reasonable prospective client mistakenly to contact the lawyer who manipulated or purchased the search results rather than the lawyer or firm who was the subject of the prospective client's search. (s) This Rule does not apply to a communication by or on behalf of a lawyer licensed or admitted in Alabama and aired or disseminated in a jurisdiction other than Alabama if (1) the Alabama lawyer is admitted in the other jurisdiction, (2) the communication complies with the appropriate rules of that jurisdiction, and (3) the communication reasonably is not expected to reach Alabama residents. (t) Characterizations of, depictions of, or statements about opposing parties in current or potential litigation must not be false or misleading. (u) Unless a communication is covered by an exception, this Rule applies to all forms of communication seeking or offering legal employment. [Amended 5-13-2025, effective 1-1-2026.] Comment To assist the public in obtaining legal services, lawyers should be allowed to make known their services not only through reputation but also through organized information campaigns in the form of advertising. Advertising involves an active quest for clients, contrary to the tradition that a lawyer should not seek clientele. However, the public's need to know about legal services can be fulfilled in part through advertising. This need is particularly acute in the case of persons of moderate means who have not made extensive use of legal services. The interest in expanding public information about legal services ought to prevail over considerations of tradition. Nevertheless, advertising by lawyers entails the risk of practices that are misleading or overreaching. This Rule permits public dissemination of information concerning a lawyer's name or firm name, address and telephone number; the kinds of services the lawyer will undertake; the basis on which the lawyer's fees are determined, including prices for specific services and payment and credit arrangements; a lawyer's foreign language ability; names of references and, with their consent, names of clients regularly represented; and other information that might invite the attention of those seeking legal assistance. Some jurisdictions have had extensive prohibitions against television advertising, against advertising going beyond specified facts about a lawyer, or against “undignified” advertising. Television is now one of the most powerful media for getting information to the public, particularly persons of low and moderate income; prohibiting television advertising, therefore, would impede the flow of information about legal services to many sectors of the public. Limiting the information that may be advertised has a similar effect and assumes that the bar can accurately forecast the kind of information that the public would regard as relevant. Neither this Rule nor Rule 7.3 prohibits communications authorized by law, such as notice to members of a class in class action litigation. Record of Advertising Paragraph (b) requires that a record of the content and use of advertising be kept in order to facilitate enforcement of this Rule. It does not require that advertising be subject to review prior to dissemination. Such a requirement would be burdensome and expensive relative to its possible benefits, and may be of doubtful constitutionality. Paying Others to Recommend a Lawyer A lawyer is allowed to pay for advertising permitted by this Rule, but otherwise is not permitted to pay another person for channeling professional work. This restriction does not prevent an organization or person other than the lawyer from advertising or recommending the lawyer's services. Thus, a legal aid agency or prepaid legal services plan may pay to advertise legal services provided under its auspices. Likewise, a lawyer may participate in not-for-profit lawyer referral programs and pay the usual fees charged by such programs. Paragraph (c) does not prohibit paying regular compensation to an assistant, such as a secretary, to prepare communications permitted by this Rule. Comparison with Former Alabama Code of Professional Responsibility