General
Just over 20,000 lawyers are licensed to practice in Alabama and ads for their services dominate TV screens, highway billboards, and social media.
But the ways they market their services to potential clients are about to change with new rules the state’s Supreme Court released this week to curb deceptive advertising and address the changing technology landscape.
Under the updated regulations, any lawyer not licensed to practice in the state must disclose that fact in all forms of client-seeking communications that may be viewed by people in the state, including online content.
In a news release on the development, the high court noted that the public is concerned that there is “too much” deceptive lawyer advertising, which it says an Alabama State Bar survey confirmed.
“The survey found that Alabamians overwhelmingly believe attorneys who appear in advertisements should be licensed to practice in the state,” the release said. “The survey also found Alabamians want to know if an advertising attorney has a law office in their community, whether advertising attorneys will personally handle their case, and whether an advertised verdict amount was actually received.”
The new rules require disclosure if a lawyer or law firm does not have a bona fide office in Alabama. Qualifying offices, including personal residences, must be physical locations, “maintained by the lawyer or law firm where the lawyer or law firm reasonably expects to furnish legal services in a substantial way on a regular and continuing basis.”
The regulations specifically ban speed-reading and tiny-font disclaimers, manipulating internet search keywords to divert clients from competitors. Also among the prohibitions is advertising “no fee unless we win” without disclosing that clients would still pay costs, including court filing fees in cases without recovery, which is different from professional services fees.
“It is not required that a communication to prospective clients concerning fees and expenses contain the details that would be in a fee contract with a client, but the communication must not suggest or indicate a free arrangement that is not accurate,” the rule states.
These regulations do not apply to a lawyer’s “scholarly article, blog, or other communication that is strictly educational or that merely provides information about legal matters to the public and does not solicit legal employment.” But lawyer and law firm websites, social media pages, professional networking websites and traditional media like billboards are subject to them.
Short-form digital communications like banner ads, X (Twitter) posts, social-media posts, must have disclosures, disclaimers, and other statements on a link, which must be accessible by a prospective client with one click or keystroke.
Violators may face disciplinary action even if they are not licensed to practice in the state.
When discussing the court’s intentions, Chief Justice Sarah Stewart characterized the regulations as balancing the constraints of the constitutions and public protection. “We are always mindful that the public trust and confidence in the justice system must dictate what we do every day,” she said.
Jerrika Jones, a lawyer based in Huntsville, described portions of the new rules as overreach and expressed concerns about potential First Amendment issues when regulating attorney speech. “It’ll have a chilling effect to where we’re not advertising,” she told AL.com, questioning what alternatives would remain.
Jones said lawyers can better manage client expectations and noted that some social media platforms may not allow for links in posts, and specifically mentioned Instagram.
“You can’t click on links and posts in Instagram,” she said. “I mean, you can be linked to other accounts, but you can’t be linked to websites and Instagram. If you put a hyperlink in the post, it’s dead in the water.”
The new rules, she said, raise concerns about the court trying to control how lawyers run their businesses.
“I just feel like we’re getting into the weeds and we’re getting nitpicky,” she said.
“Not all of us are making a lot of money, and so maybe some of us can’t afford a full staff, maybe some of us can’t even afford an assistant, and so you’re telling us that now we also have to dole out money for office space?” the attorney added.
Jones challenged the bona fide office requirement, arguing that it does not recognize modern practice arrangements like virtual offices and shared conference facilities.
“When they need to meet with a client, they can come to the conference room,” she added, explaining that some attorneys with their names on the window in her office complex in downtown Huntsville use shared spaces and do not have dedicated physical offices. She said that virtual receptionists can handle scheduling and calls.
As an accommodation, the new rules provide that, without a bona fide office, lawyers can say things like “available for consultation” or “available by appointment,” or that the lawyer has a “satellite office,” if those statements are true.
Samuel Christopher, growth strategy officer at Beach Law, said the Huntsville-based firm welcomes the new rules.
“At Beach Law Practice we believe that these updated rules will enhance public trust, promote accountability, and ensure that legal advertising remains a tool for informed choice, not confusion,” Christopher said in a statement to AL.com.
The new rules go into effect on Jan. 1, 2026.
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