Can a lawyer's website link to other sites and use search-engine keywords, and what records must the lawyer keep?

Plain-English summary

The inquiring lawyer asked several questions about developing a website: whether it is ethical to link to other sites to provide more detailed educational information; whether it is ethical to link to sites providing information that, though not purely educational to a particular practice area, would potentially be useful to the reader; whether it is ethical to provide a disclaimer; and whether it is ethical to use search-engine links to embedded words or to purchase the use of words in a search engine that are not exactly contained in the site.

The committee opined that it is ethical for the website to link to other sites providing educational information only, or other information related to an area of law, as long as the site also has the disclaimer discussed in the inquirer's letter and complies with RPC 7.1 and 7.2. In accordance with RPC 7.2(b), the lawyer should keep copies of all advertisements for at least two years following the last date the advertisement is used and should maintain a list of all linked websites and the dates the links appeared. The committee added that some commentators have suggested maintaining copies of the website's HTML to establish META tag honesty where possible, a list of "hits" to the site to establish the level of dissemination of the information, and a backup or archive copies of every material change to the site.

Currency note

This opinion was issued in 2001, before the Washington State Bar Association's adoption of the 2006 revisions to the Rules of Professional Conduct. The advertising rules, including the record-keeping provisions and the numbering of RPC 7.2, were revised in that process. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.

Common questions

Q: Can a lawyer's website link to other websites?

A: Yes. The committee said a site may link to sites providing educational information or other information related to an area of law, as long as it carries the disclaimer the inquirer described and complies with RPC 7.1 and 7.2.

Q: What advertising records did the committee say to keep?

A: Per RPC 7.2(b), the lawyer should keep copies of all advertisements for at least two years after the last date used and maintain a list of all linked sites and the dates the links appeared.

Q: Did the committee suggest any additional records?

A: It noted that some commentators have suggested keeping the site's HTML to establish META tag honesty where possible, a list of "hits" to show the level of dissemination, and backup or archive copies of every material change to the site.

Background and rules framework

The opinion applies Washington RPC 7.1 (communications about a lawyer's services; Model Rule 7.1) and RPC 7.2, including the record-keeping provision RPC 7.2(b) (advertising; Model Rule 7.2), to a law firm website that links out to other sites and uses search-engine keywords. The committee treated the website and its links as advertising subject to the truthfulness and record-retention requirements of those rules.

Citations and references

Rules of Professional Conduct:

• Model Rule 7.1 / Washington RPC 7.1 (communications concerning a lawyer's services)
• Model Rule 7.2 / Washington RPC 7.2, 7.2(b) (advertising; retention of advertising copies)

See also

• WSBA Ethics Op. 1917: Lawyer Listed on a Group Website
• WSBA Ethics Op. 1916: Online Estate-Planning Site and UPL
• WSBA Ethics Op. 1924: Client Testimonials in Advertising

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=1180

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

Advisory Opinion: 1940
Year Issued: 2001
RPC(s): RPC 7.1; 7.2
Subject: Some ethical concerns of lawyer's use of a Web site

Concerning the ethical development of a Web site, the inquiring lawyer asks several questions. Is it ethical for a Web site to link to other Web sites for the providing of more detailed educational information? Is it ethical for a Web site to link to other web sites for providing of information that although not necessarily purely educational to a particular area of practice, would potentially be useful to the reader? Is it ethical to provide a disclaimer? Is it ethical to have one or more Web search engine links to embedded words or purchase the use of words in a search engine that are not exactly contained in the site?

The committee opined that it is ethical for your Web site to link to other Web sites for providing educational information only or other information related to an area of law as long as you also have the disclaimer discussed in your letter and have complied with RPC 7.1 and 7.2. In accordance with the requirements of RPC 7.2(b), you should keep copies of all advertisements for at least two years following the last date the advertisement is used; you should maintain a list of all linked Web sites and the dates the links appeared; and some commentators have suggested that you maintain copies of hypertext markup language of the Web site to establish META tag honesty, where possible, a list of "hits" to the site to establish the level of dissemination of the information, and a backup of or archive copies of every material change to the site.