Can a lawyer advertise?

Advertising for lawyers is a delicate subject, governed by strict ethical rules. To answer it clearly, we went through the Vademecum so you do not have to read the 100 pages, and we condensed it into one clear article that answers every question you have.

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What kinds of advertising is a lawyer allowed to do?

Lawyers can use a range of formats for their advertising, as long as they respect the ethical rules:

💡 This list is not exhaustive, and everything on it is subject to the conditions set out below

• Post or email : to send newsletters about the firm, its work and so on.
• Flyers, posters, film, radio, television : these formats are allowed. It is surprising, but you can shoot an advert and run it before the evening news on TF1.
• Websites and apps : a website or a smartphone app can be used to publish information about the firm.
• Online advertising : Google Ads or Meta Ads. You can advertise on Google and on social media.
• Promotional items : pens, pencils and other giveaways are allowed, provided they respect the principles of the profession, which we come to below
• Patronage and sponsorship : taking part in sports or cultural sponsorship is allowed.
• Trade shows, conferences, seminars : taking part in these events is a permitted form of advertising.

In practice, you are very free on format. Now to the conditions:

The conditions to respect

Lawyers can advertise under certain conditions. Advertising has to give honest information about the nature of the services offered, and respect the essential principles of the profession. A few key points:

• Honest information : advertising has to be honest and must not mislead.
• Respect for the essential principles : advertising has to respect the dignity, honour and independence of the profession.
• Stating specialisms : lawyers may mention their specialisms, specific qualifications and dominant practice areas, once the terms of that communication have been sent to the Bar council.
• No disparagement : any comparative or disparaging mention is forbidden.

Taking the vademecum word for word: state your title, identify yourself (Me X, X Firm), give information on your location and any way of reaching you, name the Bar you belong to, state the practice structure you belong to, and state whether you belong to a network.

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What is a lawyer forbidden to do?

Some practices are strictly forbidden:

• Misleading advertising : any form of misleading or deceptive advertising is forbidden, such as passing yourself off as a state body or calling yourself the "best" in a field.
• Comparison and disparagement : comparing your services to those of other lawyers, or disparaging them, is forbidden.
• Text messages : using SMS, MMS or voice messages for personalised solicitation is forbidden.
• Using third parties : using a third party to get around the ban on personalised solicitation is forbidden. In short: forget the mailing agency for law firms.

💡 Worth knowing : you cannot put "specialist", "specialised", "expert" or "expertise" on a website without holding the specialism. Use your practice areas instead.

Personalised solicitation

Plenty of lawyers forbid themselves from emailing people who might be interested in their services. Personalised solicitation is a specific form of direct advertising:

• Definition : any direct or indirect communication meant to promote the services of a lawyer to a specific individual or company.
• Form : it can be done by post (for the brave) or by email, but not by text message to a mobile phone.
• Content : the solicitation has to contain an offer of service and set out how the cost of the work will be determined, which then becomes a fee agreement.
• No canvassing : any approach in person or by telephone is forbidden as personalised solicitation.

Can a lawyer name clients in their communication?

A general ban

• Professional secrecy : lawyers cannot name their clients, online or anywhere else. Professional secrecy is strictly protected and cannot be lifted, even with the consent of the client.

An exception for tenders

• Public or private tenders : in a tender process, a lawyer can name clients with their prior, explicit agreement.
• A previous firm : if the lawyer advised the client while working for another firm less than two years ago, the lawyer has to tell that former firm about the request for agreement, and name that firm in the tender response.

The limits of the exception

• Specific information : naming clients in a tender is solely for the information of the contracting authority or entity. Outside that situation, naming clients remains forbidden, even with their agreement.

💡 One caveat: press releases and information from third parties or from clients can be quoted by firms as part of their communication.

That is why large deals can be communicated. And why the sites of the largest firms are built around communicating their achievements, particularly in M&A, private equity and restructuring. As long as those facts are picked up by third parties, you run no risk, which is why talking to the legal press to spread your wins matters.

Showing client cases and Google reviews as a lawyer

On your website

It is technically forbidden. Plenty of lawyers do it anyway, and in practice the rule is not respected.

On social media

The CNB says: "It is "recommended" that a lawyer does not relay the review or comment of a client purely for publicity. That is only a recommendation, so you can relay this information on your social media without trouble.

How advertising is monitored

The head of each Bar is responsible for checking the advertising and personalised solicitation of lawyers, to make sure they respect the ethical rules. Advertising has to be sent to the Bar council without delay. That does not cover advertising on social media, though. At the Paris Bar, you no longer need to have it validated by the Bar. They may still come and check your website

No site built by Ourama has ever been sanctioned.

To go further and into the detail, here is the Vademecum produced by the CNB on the subject. It is (too?) complete and very well built: Vademecum on communications.