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Personal Injury Law Firm Marketing Compliance

What Are the Attorney Advertising Rules for Personal Injury Firms? (ABA and the Strictest States)

Byron Trzeciak • November 16, 2026 • 8 min read

Lawyers in the US have been allowed to advertise since 1977, when the Supreme Court decided a case called Bates v. State Bar of Arizona.

Today, injury firms are the biggest legal advertisers in the country. But each state still sets its own rules. Those rules decide what your ads can say, who you can target, and if you have to send your ads to the state bar first.

If you advertise in one state, that is manageable. If you run Google, Facebook, TV and billboards across several states, it gets tricky. And the cost of a mistake is a bar complaint, often from a rival firm.

I am not a lawyer, and this is not legal advice. This guide explains the rules most states share, where the strictest states go further, and the checks we run before an injury ad goes live. Use it to know what to ask your ethics lawyer.

The rules most injury ads must follow
ABA Model Rules, used in some form by every state
7.1no false or misleading statements
7.2rules for ads, paying for leads and calling yourself a "specialist"
7.3limits on contacting people who did not contact you
8.4you cannot break the rules through someone else
Each state uses its own version of these rules, with its own wording and opinions.

What do the ABA rules say about lawyer ads?

The American Bar Association writes model rules. They are not law on their own, but every state uses them as a starting point. Four of them matter most for injury ads.

RuleWhat it saysWhat it means for your ads
7.1Do not say anything false or misleading. That includes leaving out facts that would change the meaning.Case results, "we win" claims, fee claims and comparisons must be true and fair.
7.2You can advertise anywhere. You cannot pay someone to recommend you. Every ad must name a responsible lawyer or firm. Only certified lawyers can say "specialist."Name the firm in every ad. Lead sellers cannot say they are recommending you. Do not say "specialist" unless you are certified.
7.3You cannot call or visit someone to win their case if they have not contacted you first.No cold calls or hospital visits. Calling back someone who filled in your form is fine.
8.4You cannot break the rules through someone else.Your agency's ads and your lead seller's scripts are your responsibility.

What can an injury ad say about case results?

This is where most complaints come from. Past results are usually allowed. But they must not make people think they will get the same result.

In practice:

  • Be accurate. If a verdict was later reduced, or a settlement was split between several clients, say so or do not use it.
  • Add a note if your state requires it. Many states want a line near results saying every case is different.
  • Be careful with totals. "Over $500 million recovered" can be fine if it is true. Check if your state requires proof.
  • Watch testimonials. Most states allow real, unpaid client reviews. Some limit reviews that talk about results.
  • Say when you use actors. Many states require a note when an ad uses actors or acted-out scenes.

Morgan & Morgan mostly uses big totals, like money recovered and number of reviews, rather than single case results. Our breakdown of Morgan & Morgan's marketing shows how.

What do the contact rules mean for injury firms?

Rule 7.3 is why good firms never cold call accident victims. You generally cannot call, visit or video chat with someone to win their case if they have not reached out first.

For online ads:

  • Calling back is fine. If someone fills in your form or calls you, call them back fast.
  • Ads are fine in most states. Google, Facebook, TV and billboards are aimed at the public, not at one person.
  • Letters to accident victims have extra rules in some states. Florida, for example, bans letters or emails about an injury or death claim within 30 days of the accident.
  • Sellers cannot do it for you. If a lead seller calls people from accident reports for you, it still counts as you.

Phone and text laws sit on top of this. A federal law called the TCPA covers automated calls and texts. Florida and Oklahoma have stricter state laws. Clear permission on your forms protects you.

Which states have the strictest rules?

Every state adds something. These four stand out for injury firms.

State rules that matter most for injury firms
Questions to take to your ethics lawyer
StateWhat stands outWhere to look
FloridaMost ads must be sent to The Florida Bar for review, unless they are exempt. No letters to accident victims about injury or death claims within 30 days of the accident.Rules Regulating The Florida Bar, Rules 4-7.11 to 4-7.23, and the Bar's Advertising Handbook.
TexasAds must be filed with the State Bar's Advertising Review Committee within 10 days of first use, unless exempt. You can ask for pre-approval 30 days before. Texas also has strict laws against chasing cases.Texas Disciplinary Rules, Part VII, including Rules 7.04 and 7.05.
New YorkNew York changed Rules 7.1, 7.3 and 7.4 on June 1, 2026. Marketers report the changes removed some old New York rules, like the ad label rule and the 30-day contact wait. Read the new rules before you rely on old advice.22 NYCRR Part 1200, as changed by the Appellate Division's order of May 27, 2026.
ColoradoFrom August 12, 2026, paying a third party for legal leads is banned, with a $10,000 penalty per violation. Ads must come from, or clearly name, lawyers allowed to practice in Colorado.Colorado SB26-174.
Rules change. Several states changed their ad rules in 2025 and 2026. Always check the current rules.

If you advertise across state lines, you usually need to follow the rules of each state where you are licensed. Often you also need to follow the rules where people see the ad. A Facebook campaign can easily reach a state you never thought about.

For the rules on buying leads, see our guide on whether injury lawyers should buy leads.

Do the rules apply to Google and Facebook ads?

Yes. The rules apply to every ad, everywhere. Google and Facebook also have their own rules.

ChannelBar rules to checkPlatform rules
Google adsAds are short, so "Best Car Accident Lawyer" or "Guaranteed Results" can mislead. Check "best" and "specialist" claims.Google's rules on misleading claims. Local Services Ads also check your license and background.
Facebook and InstagramEvery video script and every version of the ad text counts. In states where ads must be filed, each version may need filing.Ads cannot say or hint things about the viewer's health or personal situation, like "Are you suffering from...?"
Your website and landing pagesResults, reviews and "no fee unless we win" need the same care as ads.Google also reviews the page your ad links to.
TV, radio and billboardsActors, acted-out scenes and results claims are the usual issues. Many states require filing.TV stations have their own review.

Be careful with "no fee unless we win." In many states, clients may still owe case costs even if they lose, depending on the fee agreement. Your ad should not suggest they will owe nothing at all if that is not true.

How should you check an ad before it runs?

Fixing an ad before it runs is much cheaper than answering a complaint later. Here is a checklist to start from. Ask your ethics lawyer to adjust it for your state.

Checklist for every injury ad
Check every ad, script and landing page before it goes live
CheckQuestion to ask
Firm namedDoes the ad name a responsible lawyer or the firm, with contact details?
TrueIs every statement true, and fair in context?
ResultsAre past results accurate, with any note your state requires?
"Best" and "specialist"Can you prove "best" or "top"? Are you certified if you say "specialist"?
FeesDoes any "no fee" message match who pays costs in your agreement?
Reviews and actorsAre reviews real and unpaid? Are actors and acted-out scenes labeled where required?
Who it targetsIs the ad aimed at the public, or at known accident victims? Does any follow-up involve calling people who did not reach out?
FilingDoes any state where the ad runs require you to file it with the bar?
Platform rulesDoes the ad avoid saying things about the viewer's health or situation?
RecordsAre you keeping copies of every version, and where it ran?
A starting point only. Have your own ethics lawyer confirm the rules in each state.

Can ads that follow the rules still work well?

Yes, very well. The ads that sign the most injury cases are rarely the ones pushing the rules. They name a situation the viewer knows. They show a real attorney talking plainly. They explain what happens next, and they make it easy to get in touch. None of that needs a promise or a "best."

If you want help building ads and pages that follow your state's rules and still sign cases, that is part of our US personal injury marketing.

Want us to implement these strategies for you?

Book a free strategy call and let's discuss how we can grow your business.

Book Your Free Call

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