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Attorney advertising disclaimer: when the label is required

Updated 2026-11-14 · 4 min read

Do I need "Attorney Advertising" on my website?

Usually not. The ABA Model Rule has no labeling requirement. It sets one standard for every communication:

"A lawyer shall not make a false or misleading communication about the lawyer or the lawyer's services." (ABA Model Rule 7.1)

Where a label is still required, it is mostly for targeted outreach: a letter, email or message to a specific person you know needs a lawyer for a specific matter. A website, a Google ad and a billboard are aimed at the general public, so they are not solicitations under the ABA and California comments (ABA Model Rule 7.3, Comment 1; California Rules, Chapter 7).

Where you practiseLabel on website?Label on targeted letters and emails?
ABA Model RulesNoNo
New York (from June 1, 2026)NoNo
CaliforniaNo"Advertisement" or similar, Rule 7.3(c)
FloridaNo"advertisement," Rule 4-7.18(b)(2)(B)
TexasNo"ADVERTISEMENT," Rule 7.03(d)(2)
OntarioNo label; must say you are a licensed lawyer, Rule 4.2-1.1No label rule

Other states have their own wording. Check your state bar's Rule 7.1 and 7.3 before you send anything targeted.

What changed in New York in 2026?

New York, long the strictest state for labels, replaced its advertising rules effective June 1, 2026, by a joint order of the Appellate Division dated May 27, 2026 (NY Courts). The order says:

"Rule 7.1 of the Rules of Professional Conduct is deleted in its entirety and is replaced with a new Rule 7.1" (NY Appellate Division Joint Order)

The new Rule 7.1 follows the 2018 ABA model (NYSBA). What went away:

What stays: every communication must name a responsible lawyer or firm.

"Any communication made under this Rule must include the name and contact information of at least one lawyer or law firm responsible for its content." (NY Rule 7.1(d), Joint Order)

The new Rule 7.3 also has no label for targeted letters or emails, and the old filing and recordkeeping duties for solicitations are gone (NYSBA).

Where does the label go on a targeted email or letter?

StateRule text
California"Advertisement" or similar words "on the outside envelope, if any, and at the beginning and ending of any recorded or electronic communication," unless the recipient is a lawyer, family, close friend or past professional contact, or the context makes it obvious (Rule 7.3(c))
FloridaEach enclosure and the envelope marked "advertisement"; for email, "the subject line of the email must begin with the word 'Advertisement'" (Rule 4-7.18(b)(2)(B))
TexasMust be "plainly marked or clearly designated an 'ADVERTISEMENT'"; Comment 10 presumes compliance when it is the first word of an email subject line or a text, in capitals (Rule 7.03)

Florida's label rules do not apply to "communications by the lawyer at a prospective client's request" (Rule 4-7.18(b)(3)). A reply to someone who filled in your contact form is not targeted outreach.

Do I need a past-results disclaimer?

It depends on the state. Even where it is not required, it is the usual way to keep a verdict or settlement from reading as a promise.

JurisdictionRule on past results
CaliforniaA results claim may mislead; "An appropriate disclaimer or qualifying language often avoids creating unjustified expectations" (Rule 7.1, Comment 4)
FloridaPast results are banned "unless the information is objectively verifiable," and the comment says you need the client's informed consent (Rule 4-7.13)
New YorkMandatory disclaimer eliminated June 1, 2026. Rule 7.1, Comment 3: a disclaimer "may preclude a finding" that a results claim misleads (NY Rules, as amended through July 1, 2026)
OntarioA dollar amount or success rate may breach the rules unless it says past results are not necessarily indicative of future results and outcomes vary with the facts (Rule 4.2-1, Commentary 2)

Is it different in Canada?

Yes. Ontario has no "Attorney Advertising" label. Instead:

"A lawyer marketing legal services shall specifically identify in all marketing materials that they are licensed as a lawyer." (LSO Rule 4.2-1.1)

See Ontario lawyer advertising rules for the rest.

Example

New York firm redesigning its site

The old home page footer read "Attorney Advertising. Prior results do not guarantee a similar outcome." After June 1, 2026 neither line is required. The firm keeps the results disclaimer next to its verdict list and makes sure a lawyer's name and phone number appear on the site.

Florida firm emailing accident victims

A personal injury firm emails people named in crash reports more than 30 days after the crash. The subject line starts with "Advertisement," any attachment is marked too, and the email says how the firm learned of the crash, as Rule 4-7.18(b)(2)(G) requires.

Texas firm replying to a web form

A visitor asks for a call back about a probate matter. The reply is a response to a request, not a targeted solicitation, so no label is needed.

Different for you?

Related guides

Sources

  1. ABA Model Rule 7.1: Communications Concerning a Lawyer's Services
  2. ABA Model Rule 7.3, Comment
  3. New York Appellate Division Joint Order amending Rules 7.1, 7.3 and 7.4 (May 2026)
  4. NY Courts: Amendments to Joint Rules of the Appellate Division (order of May 27, 2026)
  5. NYSBA: The Amendments to the Advertising Rules (Marjorie E. Gross, 2026)
  6. NYSBA: New York Rules of Professional Conduct, as amended through July 1, 2026
  7. California Rules of Professional Conduct, Chapter 7
  8. Rules Regulating The Florida Bar, Chapter 4
  9. Texas Disciplinary Rules of Professional Conduct, Rule 7.03
  10. Law Society of Ontario Rules of Professional Conduct, Chapter 4