Marketing legal services in Texas comes with unique compliance challenges. Whether you’re a solo practitioner or part of a large firm, understanding the Texas attorney advertising rules is essential to protect your license and your reputation. This guide breaks down how attorneys in Texas are regulated when marketing, the key restrictions you need to follow, and how tools like Kular can help you stay compliant while effectively growing your practice.

‍

How Are Texas Attorneys Regulated When Marketing?

In 2021, the State Bar of Texas significantly updated its advertising and solicitation rules to reflect modern communication methods. These changes—codified in Part VII of the Texas Disciplinary Rules of Professional Conduct—provide more flexibility for attorneys to market themselves through digital platforms like email and LinkedIn.

At the heart of these regulations is Rule 7.01, which governs all communications about a lawyer’s services. Under this rule, communications are categorized into two types:

• Advertisements: General outreach to the public.
• Solicitations: Targeted communications to individuals based on their specific legal needs.

Understanding the distinction is key to staying on the right side of the rules.

‍

What Are the Key Restrictions on Attorney Advertising in Texas?

1. Advertising Rules (Rule 7.02)

If a communication qualifies as an advertisement, it must meet specific criteria:

• Publish the name of the lawyer responsible for the communication.
• Identify the lawyer’s primary practice location.
• Be transparent about fees, including ranges or whether a contingency fee model is used.
• Avoid misleading claims about being a specialist, unless the designation is officially recognized (e.g., board-certified by the Texas Board of Legal Specialization).

2. Solicitation Rules (Rule 7.03)

If a message is considered a solicitation, additional restrictions apply:

• No in-person or LinkedIn solicitation to non-attorneys for specific legal matters.
• Email marketing is allowed, since it's not considered “electronically interactive” and can be ignored or deleted by the recipient.
• Messages must be labeled with “ADVERTISEMENT”, unless:
  • The recipient is another attorney, or
  • The recipient is known to be an experienced user of legal services for business matters.

3. Substance Over Form

Intent matters. If the communication is substantially motivated by pecuniary gain and targets people who haven't sought legal advice, it may be considered a solicitation—especially if it addresses a particular legal issue the recipient is presumed to have.

‍

How Can Texas Attorneys Stay Compliant?

Staying compliant involves more than just avoiding prohibited language. Here are key steps Texas attorneys should take:

1. Understand the Classification of Your Message

Know whether your outreach qualifies as an advertisement or a solicitation. A good rule of thumb: If you're reaching out to a broad audience without knowing their legal needs, you're likely within the scope of advertising.

2. Include Required Disclosures

For advertisements:

• Name and location of the attorney.
• Clear fee disclosures, especially for contingent fees.

For solicitations (if allowed):

• The word “ADVERTISEMENT” where required.
• Confirmation that the recipient qualifies under the exceptions (e.g., an experienced business user or attorney).

3. Use Compliant Marketing Tools Like Kular

Kular is built with Texas attorney advertising rules in mind. Here’s how it ensures compliance:

• Helps lawyers define target audiences (e.g., biotech business leaders) without identifying specific legal needs of recipients.
• Provides pre-vetted communication templates with built-in compliance safeguards.
• Limits LinkedIn outreach to attorneys (such as General Counsels), in line with Rule 7.03(b)(1).
• Ensures email communication meets the non-interactive and easily ignored standard recognized in Texas and federal precedent (see Shapero v. Kentucky Bar Association).

‍

Final Thoughts

Advertising legal services in Texas isn’t as restrictive as it once was, thanks to the 2021 reforms. However, the burden remains on the attorney to ensure all marketing is ethically sound and compliant with Rules 7.01–7.03 of the Texas Disciplinary Rules of Professional Conduct.

With tools like Kular, Texas attorneys can confidently market themselves using modern digital platforms—without running afoul of state bar requirements.

Need help navigating Texas attorney advertising rules?

Kular’s team has years of experience guiding Texas lawyers through compliant marketing strategies. Learn more about how Kular works →

‍

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.