For attorneys in Texas, email marketing is one of the most effective—and compliant—ways to reach potential clients. But just because it's digital doesn't mean it's unregulated. The Texas Disciplinary Rules of Professional Conduct (TDRPC) provide specific guidance for how attorneys can advertise through email while staying on the right side of ethics rules.

In this guide, we’ll break down how Texas attorneys are regulated when using email, what restrictions apply, and how legal marketing platforms like Kular help ensure compliance from day one.

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How Are Texas Attorneys Regulated When Marketing Through Email?

In 2021, the State Bar of Texas updated its advertising rules to modernize how lawyers can communicate with the public. These changes, reflected in Rules 7.01–7.03, allow email marketing but impose certain limitations depending on how the email is classified—either as an advertisement or a solicitation.

Rule 7.01: Scope of Email Marketing Regulations

All email marketing by attorneys is subject to Rule 7.01, which covers any communication “about a lawyer’s services.” From here, the classification of your email determines the specific rules that apply.

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What Are the Key Restrictions on Email Marketing for Texas Attorneys?

1. Email as Advertisement (Rule 7.02)

If your email is general outreach not tied to a specific person’s legal issue, it’s likely classified as an advertisement. These types of communications must follow Rule 7.02:

• Include the lawyer’s name in the email.
• Disclose the lawyer’s primary practice location.
• Clearly explain fees—especially if contingency fees are discussed.
• Avoid misleading language such as claims of special competence unless officially certified (e.g., by the Texas Board of Legal Specialization).

2. Email as Solicitation (Rule 7.03)

If your email targets a specific person whom you believe needs legal services in a particular matter, it may be considered a solicitation under Rule 7.03. In that case:

• You must not send the email if it involves “in-person or electronically interactive” communication—though email is explicitly allowed because it can be ignored, set aside, or reconsidered.
• The email must include the word "ADVERTISEMENT" unless the recipient is:
  • Another attorney, or
  • A person known to be an experienced user of legal services for business matters (e.g., a startup founder or business owner).

3. Opt-Out and Recordkeeping Requirements

While Texas doesn’t impose strict opt-out requirements like the CAN-SPAM Act does for commercial marketers, it’s good practice—and often expected—for attorneys to offer recipients a way to unsubscribe from future messages. Additionally, lawyers should retain records of all marketing communications for potential review.

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How Can Texas Attorneys Stay Compliant When Marketing Through Email?

✅ Include All Required Disclosures

Make sure every marketing email includes:

• Your name and law firm
• Your practice location
• Fee disclosures if relevant
• The word “ADVERTISEMENT” when required

✅ Avoid “Particular Matter” Targeting

Unless you're communicating with current or former clients, avoid referencing specific legal issues you believe the recipient is facing.

✅ Let Recipients Unsubscribe Easily

While not mandated by Texas law, an unsubscribe link is a best practice—and it supports compliance with other relevant standards, such as federal email regulations.

✅ Keep Copies of All Marketing

Rule 7.05 (now merged into Rule 7.02 and Rule 7.03) has historically emphasized recordkeeping. Keeping a record of your email communications can help prove compliance if you're ever challenged.

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How Kular Helps Attorneys in Texas Stay Compliant

Kular is a marketing platform designed specifically for attorneys—built with Texas advertising and email rules in mind. Here’s how it helps:

• ✅ Unsubscribe Management: Kular automatically unsubscribes recipients upon request and manages opt-outs on your behalf.
• ✅ Attorney-Controlled Content: You have complete control over the email text. Kular provides guidance, but nothing goes out without your review and approval.
• ✅ Permanent Recordkeeping: Kular stores all marketing communications indefinitely, giving you a full audit trail if the State Bar ever requests it.

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Final Thoughts

Email marketing is a powerful and compliant way for Texas attorneys to grow their practice—if done correctly. By understanding how Rules 7.01–7.03 apply to digital outreach, and by using tools like Kular that are designed to help lawyers market ethically, you can build a strong brand while protecting your license.

Want help launching a compliant email campaign?

Kular works exclusively with attorneys and understands the nuances of Texas advertising rules. Sign-up today →

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DISCLAIMER: We do not provide legal advice and we are not a law firm. This article is not legal advice and should not be relied on as legal advice.