Alabama Attorney Advertising Disclosure and Compliance Review

ALABAMA ATTORNEY ADVERTISING DISCLOSURE AND COMPLIANCE REVIEW

Reviewer and Advertisement Information

Part 1. Threshold Classification — Communication vs. Advertisement vs. Direct Contact

This piece is best classified as (check one):

☐ A general communication about the lawyer's services (Rule 7.1)
☐ An advertisement disseminated to the public (Rule 7.2)
☐ A direct contact with a specific prospective client by written, recorded, or electronic communication (Rule 7.3)
☐ A scholarly article, blog, or other strictly educational communication that does not solicit legal employment (exempt from Rule 7 advertising regulations under the 2026 framework)

Audience: ☐ General public ☐ Specific persons identified by name ☐ Members of a defined group (e.g., recent accident victims) ☐ Existing or former clients ☐ Other lawyers (referral source)

Jurisdictional reach: ☐ Targets prospective Alabama clients ☐ National campaign that may be viewed by Alabamians ☐ Limited to a non-Alabama audience

Part 2. Ala. R. Prof. C. 7.1 — False or Misleading Communications

The communication:

☐ Does not contain a false or materially misleading statement about the lawyer or the lawyer's services
☐ Does not omit a fact necessary to make the communication, considered as a whole, not materially misleading (a truthful statement can still be misleading by omission)
☐ Does not state or imply any factual or legal proposition the lawyer cannot substantiate
☐ Does not create an unjustified expectation about results
☐ Does not compare the lawyer's services with another lawyer's services in a way that cannot be factually substantiated (Alabama retains the comparison-advertisement restriction notwithstanding elimination of the general disclaimer)
☐ If the lawyer appearing in or identified in the advertisement is not licensed to practice law in Alabama, that fact is clearly disclosed
☐ If the firm does not have a bona fide office in Alabama, that fact is clearly disclosed

Part 3. Ala. R. Prof. C. 7.2 — Advertising Requirements (Effective Jan. 1, 2026)

3.1 Identification and Bona Fide Office

☐ The advertisement identifies the name of at least one lawyer or law firm responsible for its content
☐ The advertisement provides contact information for that lawyer or firm
☐ If the firm has a bona fide Alabama office, the advertisement discloses the city, town, county, or address of at least one location where legal services may be performed
☐ If the firm does not have a bona fide office in Alabama, that fact is disclosed in the advertisement
☐ Every lawyer appearing in or identified in the advertisement is personally responsible for ensuring the ad complies with the rules

3.2 Recordkeeping (REPLACES PRE-2026 3-DAY FILING REQUIREMENT)

☐ A copy of the advertisement (in its final form, in each medium where used) has been saved to the firm's advertising archive
☐ A record of dates and venues of dissemination has been logged
☐ The advertisement will be retained for at least 6 years from the last date of dissemination (the limitations period for a violation of the Alabama Rules of Professional Conduct)
☐ Recognized: the pre-2026 requirement to file a copy with the Office of General Counsel within 3 days of dissemination NO LONGER APPLIES to advertisements first disseminated on or after January 1, 2026; for advertisements disseminated before that date, prior filing records should still be retained
☐ Voluntary pre-publication review by the Office of General Counsel ([email protected]; 334-269-1515) is available and recommended for novel or close-call advertisements

3.3 Actors, Authority Figures, Testimonials

☐ No actors are used as the principal speaker or as a portrayed lawyer or client in the advertisement (actors permitted only as non-speaking background participants in a manner that is not misleading)
☐ No judges, police officers, or other authority figures endorse the lawyer in the advertisement, except where the individual is an actual former client
☐ Any testimonial or endorsement comes from a person with actual knowledge and personal experience with the lawyer
☐ Any paid endorsement or testimonial discloses the fact that the speaker has been paid

3.4 Advertised Results, Verdicts, and Settlements

☐ Any advertised case result, verdict, or settlement is objectively verifiable (with documentary support retained in the file)
☐ Advertised results are not the product of a default judgment or other uncontested matter
☐ The advertisement provides enough context (jurisdiction, nature of claim, year, attorney fees / costs deducted) that the result is not misleading

3.5 Practice Areas and Referral-Out Disclosure

☐ The advertisement does not advertise practice areas the lawyer does not actively handle or intend to handle
☐ If the lawyer intends to refer out the type of matter advertised to another lawyer or firm, that fact is disclosed in the advertisement
☐ The advertisement does not falsely suggest that the lawyer pictured or named will personally handle the matter

3.6 Fees and Costs Disclosures

☐ Any "no fee unless we win" or contingency-style claim discloses that the client may still be responsible for costs (e.g., court filing fees, deposition costs, expert fees) even when no recovery is obtained, OR clearly states that the client owes no costs in that scenario, whichever is accurate
☐ Any fee or rate quoted is current and accurate

3.7 Disclaimer Format

☐ All required disclaimers and disclosures are legible and easy to see and read (if written) and easy to understand and hear (if spoken)
☐ No tiny font; no sped-up voiceover; no obscured placement
☐ The general "no representation that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers" pre-2026 disclaimer is no longer required; only the specific disclaimers triggered by the content of the ad apply

3.8 Search Engine, Keywords, and Short-Form Ads

☐ The firm does not purchase or manipulate search engine keywords in a way that makes a prospective client reasonably believe they are contacting one lawyer when in fact they would be steered to a different lawyer
☐ For short-form online advertisements (banner ads, social media posts, X/Twitter posts) with insufficient room for required disclaimers, the ad contains a link that within one click or keystroke leads to a landing page prominently displaying the required disclaimers ("one-click rule")

3.9 Permitted Payments

☐ The lawyer does not give anything of value to a person for recommending the lawyer's services, except:
☐ Reasonable costs of advertisements or communications permitted by the rules
☐ Reasonable fees paid to a not-for-profit or qualified lawyer referral service
☐ Other arrangements expressly permitted by Alabama State Bar opinions

Part 4. Ala. R. Prof. C. 7.3 — Direct Contact With Prospective Clients (Effective Jan. 1, 2026)

Complete this Part if the communication is or may be a direct contact under Rule 7.3.

4.1 Prohibited Live and Real-Time Solicitation

☐ The communication is not an in-person, live telephone, or real-time electronic solicitation (including text messages or live chat) of a non-lawyer for pecuniary gain
☐ The solicitation is not directed at a person who has made known a desire not to be solicited
☐ The solicitation does not involve coercion, duress, or harassment

4.2 Personal Injury 21-Day Moratorium (UNIQUE ALABAMA)

☐ The matter involves a known personal injury to the recipient
☐ The communication is sent by email or letter only (not text, not phone, not in person)
☐ The communication was sent 21 days or more after the date of the accident or injury
☐ The communication does not disturb the privacy or peace of the recipient

4.3 Non-Personal-Injury Direct Contact

☐ For non-PI matters in which a person is known to need legal services, the direct contact is sent only after the person has been served with a lawsuit or indictment
☐ The communication is by email or letter only

4.4 "ADVERTISEMENT" Labeling

☐ The word "ADVERTISEMENT" appears prominently in the communication
☐ "ADVERTISEMENT" is printed in a contrasting color from other printed words
☐ For mailed letters, "ADVERTISEMENT" appears on the outside of the envelope as well as on the letter itself
☐ For email, "ADVERTISEMENT" appears in the subject line and prominently at the top of the message body
☐ Additional disclaimers required by Rule 7.3 for targeted communications are included

4.5 Recordkeeping for Direct Contacts

☐ A copy of each direct contact and the recipient list is retained for at least 6 years
☐ The firm documents the date of the underlying event (accident, service, indictment) and the date of the contact to confirm the 21-day or post-service threshold

Part 5. Ala. R. Prof. C. 7.4 — Fields of Practice and Specialization (Unchanged)

☐ Statements that the lawyer practices in, concentrates in, or limits practice to particular fields are factually accurate
☐ No statement claims the lawyer is a "specialist" or "certified specialist" in any field of law, UNLESS:
☐ The lawyer has been certified by an organization approved by the Alabama State Bar Board of Legal Specialization (including ABA-accredited certifying agencies such as the National Board of Legal Specialty Certification, American Board of Certification, National Elder Law Foundation, National Association of Estate Planners and Councils, National College for DUI Defense, etc.), AND
☐ The communication clearly identifies the certifying organization (required by the Comment to Rule 7.4(c))
☐ Permitted designations include "Patent Attorney" (for lawyers admitted to practice before the U.S. Patent and Trademark Office) and "Proctor in Admiralty"
☐ "Expert," "expertise," "specialist," or "specializing in" language is used only where supported by certification or by the lawyer's actual experience, and where it will not create an unjustified expectation

Approved certifying agencies (verify current list with the Alabama State Bar Board of Legal Specialization):

Part 6. Ala. R. Prof. C. 7.5 — Firm Names and Letterheads (Unchanged)

☐ The firm name does not falsely imply a connection with a government agency, a public or charitable legal services organization, or a lawyer not associated with the firm
☐ Any trade name used is not misleading
☐ If the firm has offices in more than one jurisdiction, jurisdictional limitations on the practice of each listed lawyer are identified
☐ The name of a lawyer holding public office is not used in the firm name or in firm communications during any substantial period in which the lawyer is not actively and regularly practicing with the firm
☐ Lawyers are not held out as practicing in a partnership or other organization unless they are in fact associated in such a relationship

Part 7. Digital, Social Media, and Website-Specific Items

☐ The firm's website identifies at least one responsible lawyer by name and discloses (a) whether each lawyer pictured is licensed in Alabama and (b) whether the firm has a bona fide Alabama office (and, if so, the city/county/address)
☐ Each practice-area page is reviewed for accuracy and the absence of unjustified expectations
☐ Attorney biographies accurately reflect bar admissions, jurisdictional limitations, and any disciplinary history material to the advertisement
☐ The website includes a "No Attorney-Client Relationship" disclaimer for visitor inquiries and contact forms
☐ The website includes a privacy policy that addresses how visitor information (including chat transcripts) is handled
☐ Social media posts that constitute advertising comply with all the same Rule 7.1–7.5 requirements, including the one-click rule for disclaimers when the platform's character/space limits make them impractical
☐ Paid search and display ads identify the responsible lawyer/firm and do not deceptively use a competitor's name as a keyword in a manner that misleads users about who they are contacting

Part 8. Generative AI, Chatbots, and Automated Client-Facing Tools

☐ Any AI chatbot that engages members of the public is clearly disclosed as a non-attorney automated assistant ("You are chatting with an automated assistant, not an attorney.")
☐ The chatbot does not provide legal advice and explicitly disclaims that no attorney-client relationship is formed by the interaction
☐ The chatbot is configured to avoid live or real-time solicitation that would violate Rule 7.3
☐ Any generative AI used to draft advertising copy is reviewed by a responsible attorney for accuracy, factual substantiation, and compliance with Rule 7.1
☐ AI-generated images or video of people who could be mistaken for clients, lawyers, or judges are not used in a misleading manner; actor-substitution prohibitions under Rule 7.2 apply equally to AI-generated personas
☐ The firm has documented its AI usage and supervision policy, including human review of outputs
☐ The firm's client confidentiality and data-handling practices for the AI tool have been reviewed (Rules 1.6 and 1.1)

Part 9. Required Disclosure Language (Insert into Advertisement as Applicable)

Insert the following or substantively equivalent language as applicable to the medium. All disclaimers must be legible and easy to see/read (written) or easy to understand and hear (spoken).

Out-of-State Lawyer Appearing in Advertisement:

"[Attorney name] is not licensed to practice law in Alabama."

Firm Without a Bona Fide Alabama Office:

"[Firm name] does not maintain a bona fide office in Alabama."

Bona Fide Office Location (when applicable):

"Office location: [City/Town/County], Alabama."

Referral-Out Disclosure (when the advertised matter type will be referred out):

"[Firm name] does not personally handle [matter type] cases and will refer such matters to another law firm."

Contingency-Fee Disclosure:

"If we represent you on a contingency basis, you will not owe attorney's fees unless we obtain a recovery on your behalf. [☐ You will / ☐ You will not] be responsible for advanced costs and expenses if no recovery is obtained."

Verifiable Result Disclosure:

"Prior results do not guarantee a similar outcome. The advertised result occurred in [year] in [court / jurisdiction] in a [brief description of matter type]. Individual results depend on the unique facts of each case."

Paid Endorsement / Testimonial:

"This testimonial is from an actual former client. [☐ This person was / ☐ This person was not] compensated for this endorsement."

Certified Specialist Disclosure (only if true):

"[Attorney name] is certified as a [specialty area] specialist by [name of certifying organization, e.g., the National Board of Legal Specialty Certification], which has been approved by the Alabama State Bar Board of Legal Specialization."

Direct Contact Letter / Email — Mandatory Label:

"ADVERTISEMENT" (in a contrasting color, prominently displayed on the envelope, in the email subject line, and at the top of the message body)

Direct Contact — Recipient Notice (recommended):

"You are not required to respond. If you have already retained counsel for this matter, please disregard this communication."

Chatbot / AI Disclosure:

"You are interacting with an automated assistant. This assistant is not an attorney, does not provide legal advice, and your communication with it does not create an attorney-client relationship with [firm name]."

Responsible Attorney Identification:

"Responsible attorney: [________________________________], Alabama State Bar ID [____________], [Office location or address: ________________________________]."

Part 10. Record Retention and Reviewer Certification

☐ A copy of the advertisement (in its final form, in each medium where used) has been saved to the firm's advertising archive
☐ A record of dates and venues of dissemination has been logged
☐ The advertisement will be retained for at least 6 years from the last date of dissemination
☐ For pre-January-1-2026 advertisements, any prior Office of General Counsel filing receipt is also retained

I have reviewed the above advertisement for compliance with the Alabama Rules of Professional Conduct 7.1–7.5 (as revised by the Supreme Court of Alabama's May 13, 2025 order effective January 1, 2026), Rule 8.5, and current Alabama State Bar Office of General Counsel guidance, and certify the following:

☐ All applicable items are checked, OR
☐ Deficiencies have been identified and a remediation plan is documented below

Deficiencies / Remediation Notes:

[____________________________________________________________]

[____________________________________________________________]

[____________________________________________________________]

Reviewer Signature: ________________________________ Date: [__/__/____]

Reviewer Printed Name and Alabama State Bar ID: [________________________________]

Sources and References

• Alabama State Bar — Your Guide to Alabama's Updated Lawyer Advertising Rules (May 13, 2025)
• Alabama State Bar — Alabama Moves to Modernize Lawyer Advertising Rules: A Look at the Changes (Alabama Lawyer)
• Supreme Court of Alabama — Press Release on Lawyer Advertising Amendments (May 2025)
• Alabama Rules of Professional Conduct (current edition)
• Ala. R. Prof. C. 7.2 (Advertising)
• Ala. R. Prof. C. 7.4 (Communication of Fields of Practice)
• Alabama State Bar — Office of General Counsel (advertising review) — [email protected]; 334-269-1515
• Alabama State Bar — Formal Opinion RO-2003-01 (Various Advertising Issues)
• Alabama State Bar Board of Legal Specialization — Specialization Rules
• American Bar Association — Alabama State Sources of Certification