Does a lawyer's LinkedIn profile count as attorney advertising that needs disclaimers?
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This page answers the general question as of 2015. Ezel answers yours: whether it's allowed on your facts, under the current New York Rules of Professional Conduct, with citations.
Plain-English summary
The opinion analyzes when a lawyer's individual LinkedIn profile or content is "attorney advertising" subject to New York's Rule 7.1 requirements. The committee concludes that LinkedIn content is attorney advertising only if it satisfies all five of these criteria: (a) it is a communication made by or on behalf of the lawyer; (b) its primary purpose is to attract new clients to retain the lawyer for pecuniary gain; (c) it relates to the legal services the lawyer offers; (d) it is intended to be viewed by potential new clients; and (e) it does not fall within a recognized exception to the definition of attorney advertising.
Because lawyers use LinkedIn for many reasons, the committee declines to presume that posting information about oneself is done primarily to attract paying clients. Listing "Skills," describing practice areas, or displaying "Endorsements" or "Recommendations," without more, does not make a profile an advertisement. The committee differs sharply with NYCLA Op. 748, which it reads as focusing only on profile content and ignoring the primary-purpose and intended-audience factors. It requires "clear evidence," such as express language, before treating a profile as an advertisement.
The committee does conclude that LinkedIn Endorsements and Recommendations are communications "made by or on behalf of the lawyer," distinguishing its earlier Op. 1052 on the ground that LinkedIn offers only positive options and lets the lawyer hide recommendations, unlike rating systems that allow negative or neutral reviews. It stresses that all LinkedIn content must be truthful and accurate (for example, a lawyer should not list practice areas or skills in which she has little or no experience, citing Rule 8.4(c)), and it agrees with NYCLA Op. 748 and the NYSBA Social Media Guidelines that lawyers must periodically monitor third-party endorsements and recommendations at reasonable intervals to ensure they are truthful, not misleading, and based on actual knowledge.
In practice
Under this opinion, conduct in which a lawyer maintains a LinkedIn profile is subject to the attorney-advertising rules, as they stood at the time, only when all five criteria are met, and the committee treats the primary-purpose factor as decisive. The opinion holds that ordinary profile elements (skills, practice areas, endorsements, recommendations) do not by themselves make a profile an advertisement; that Endorsements and Recommendations count as communications by or on behalf of the lawyer; that all content must be truthful under Rule 8.4(c); and that a lawyer must periodically monitor third-party endorsements and recommendations for accuracy.
Common questions
Q: Do I have to put advertising disclaimers on my LinkedIn profile?
A: Only if the profile is "attorney advertising," which the opinion says requires meeting all five criteria, including that the primary purpose is to attract paying clients. A profile that merely lists skills, practice areas, endorsements, or recommendations, without more, is not advertising.
Q: Are LinkedIn endorsements and recommendations "by or on behalf of" me?
A: Yes, the opinion concludes they are, distinguishing earlier Op. 1052 because LinkedIn offers only positive options and lets the lawyer hide recommendations, unlike systems that allow negative or neutral reviews.
Q: Do I have any duty regarding endorsements other people post?
A: Yes. The opinion holds that lawyers must periodically monitor third-party endorsements and recommendations at reasonable intervals to ensure they are truthful, not misleading, and based on actual knowledge, and must correct misleading entries.
Q: Can I list practice areas I rarely handle?
A: The opinion says no, all content must be truthful and accurate; a lawyer should not list practice areas or skills in which she has little or no experience, consistent with Rule 8.4(c).
Background and rules framework
The opinion interprets New York Rule of Professional Conduct 7.1 (advertising; Model Rule 7.1) and the Rule 1.0(a) definition of "advertisement," together with Rules 7.4 (fields of practice; Model Rule 7.4), 7.5 (firm names and letterhead; Model Rule 7.5), and 8.4(c) (dishonesty; Model Rule 8.4). It engages NYCLA Op. 748, its own Op. 1052, and the NYSBA Social Media Guidelines.
Citations and references
Rules of Professional Conduct:
- Model Rule 7.1 / NY RPC 7.1, 1.0(a) (advertising; definition of "advertisement")
- Model Rule 7.4 / NY RPC 7.4 (fields of practice and specialization)
- Model Rule 7.5 / NY RPC 7.5 (firm names and letterhead)
- Model Rule 8.4(c) / NY RPC 8.4(c) (dishonesty, misrepresentation)
Cases:
- In re Dickey, 396 S.C. 500 (2012), false or misleading claims of skill
Other opinions cited:
- NYCLA Ethics Op. 748 (2015): LinkedIn profile content and advertising disclaimers
- NYSBA Social Media Ethics Guidelines (2015): monitoring third-party endorsements
See also
- NYC Bar Ethics Op. 2020-2: Retargeting in online marketing
- ABA Formal Op. 480: Confidentiality in public commentary and blogging
- ABA Formal Op. 10-457: Lawyer websites
Source
- Landing page: https://www.nycbar.org/reports/formal-opinion-2015-7-application-of-attorney-advertising-rules-to-linkedin/
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